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Jonathan L.

Flaxer
GOLENBOCK EISEMAN ASSOR BELL & PESKOE LLP
437 Madison Avenue
New York, NY 10022
(212) 907-7300
Counsel for Benenson Capital Company and Rofar Realty Company, Inc.
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
In re:
INNKEEPERS USA TRUST, eta!.,
Debtors.
Chapter 11
Case No. 10-13800 (SCC)
Jointly Administered
RESPONSE OF BENENSON CAPITAL COMPANY
AND ROFAR REALTY COMPANY, INC.
TO DEBTORS' FOURTH AND SIXTH OMNIBUS OBJECTION TO CLAIMS
TO THE HONORABLE SHELLEY C. CHAPMAN,
UNITED STATES BANKRUPTCY JUDGE:
Benenson Capital Company and Rofar Realty Company, Inc. ("Lessors"), by its
undersigned counsel, hereby files its response to the above captioned debtors' (the "Debtors")
objection to two claims filed by their agent, Marx Realty & Improvement Co., Inc. ("Marx
Realty"): (i) claim 1547 (sixth omnibus) filed against Innkeepers USA Trust ("Innkeepers
USA" or "Guarantor") in bankruptcy case 10-13800 (the "Guaranty Claim"), and (ii) claim
1548 (fourth omnibus) filed against Grand Prix West Palm Beach LLC ("Grand Prix WPB" or
"Lessee") in bankruptcy case 10-13875 (the "Lease Claim"). In support thereof, Lessors
respectfully represents as follows:
541472.1
Introduction
1. On July 19, 2010 (the "Petition Date"), the Debtors each filed a voluntary
petition for bankruptcy under chapter 11 of title of the United States Code (the "Bankruptcy
Code").
2. As ofthe Petition Date, by ground lease dated February 16, 1985 (as amended,
the "WPB Ground Lease") Benenson Capital Company LLC (f/k/a The Benenson Capital
Company LLC) & Rofar Realty Company, Inc. (collectively, the "Lessors"), as successors-in-
interest to Rinker Materials Corp., leased to Grand Prix WPB, as successor-in-interest to
Gulfstream Capital Group, Inc. ("Gulfstream"), certain premises commonly known as 1505
Belvedere Road, West Palm Beach, Florida (the "Premises"). A copy ofthe WPB Ground Lease
and the amendments thereto are attached hereto as Exhibit 1.
3. Grand Prix WPB obtained its interest in the WPB Ground Lease as a result of a
series of assignments of Gulfstream's interest in the WPB Ground Lease. The last of such
assignments occurred in 2008 when Innkeepers Financing Partnership, L.P. assigned its interest
in the WPB Ground Lease to the Grand Prix WPB. The Lessors are not in possession of a copy
of the actual assignment, but attached hereto as Exhibit 2 is a copy of the Lessors' consent to
this assignment.
4. In consideration ofthe assignment from Innkeepers Financing Partnership, L.P. to
the Lessee, Innkeepers USA entered to a guaranty agreement, dated as of May 19,2008 (the
"Guaranty"), pursuant to which Innkeepers USA guaranteed the obligations of the Lessee or its
successors and assigns under the WPB Ground Lease, including the obligation to pay the Lessors
the monies due to them, including rent, under the WPB Ground Lease. A copy of the Guaranty
is attached hereto as Exhibit 3.
541472.1
5. Due to the Lessee's default under the WPB Ground Lease, on or about October
27,2010, Marx Realty, on behalfofthe Lessors, filed the Lease Claim in the amount of at least
$20,049,418.14. On or about that same date, Marx Realty also filed the Guaranty Claim based
on the Guaranty.
6. By Order of this Court dated January 26, 2011 (the "Rejection Order"), Grand
Prix WPB was authorized to reject the WPB Ground Lease as of February 13, 2011. The WPB
Ground Lease was for a term of 50 years and, but for the Rejection Order, would have expired on
May 31, 2035.
Response
A. Lease Claim
7. Section 502(b)(6) of the Bankruptcy Code provides, in pertinent part, that a
lessor's claim for "damages resulting from the termination of a lease of real property" to (a) rent
for the greater of one year or 15 percent of the remaining term, not to exceed three years, and (b)
unpaid rent as ofthe rejection of the lease. The Debtor's Fourth Omnibus Objection to Claims
seeks to reduce the Lease Claim, presumably based upon section 502(b)(6), to the amount of
$1,576,317. As shown on Exhibit 4 hereto, the actual amount owed pursuant to section
502(b)(6) is in the amount of$1,636,826.
8. The 502(b)(6) cap, however, only applies to "damages resulting from the
termination of a lease of real property." 11 U.S.C. 502(b)(6). The Lease Claim, however,
includes additional damages resulting from Grand Prix WPB's breach ofthe WPB Ground
Lease. Section V of the WPB Ground Lease requires that "the premises are to be used for a 135-
150 room hotel." Section XIII( a) of the WPB Ground Lease further requires that Lessee
"shall...at its own cost. .. keep and maintain the premises in good, sanitary and neat order, and in
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first-class condition and repair," and that Grand Prix WPB "agrees to refurbish the interior and
exterior of the improvements on the real property on a periodic basis to maintain a first-class
condition." At the minimum, to maintain the property as a first class hotel set forth in the WPB
Ground Lease, Lessee was required to maintain the property in sufficient condition to maintain
its Best Western flag. As reflected in Best Western's analysis of the expenditures necessary to
maintain the flag, attached hereto as Exhibit 5, Grand Prix WPB needed, but failed, to make the
necessary improvements and repairs reflected in the attached analysis, and, as a result, lost the
flag. This breach of the WPB Ground Lease caused damages in the amount of $721 ,222.
9. Grand Prix WPB's obligation to maintain a first-class hotel also included making
necessary repairs. As part of that obligation, Section XIII( a) of the WPB Ground Lease required
Grand Prix WPB to abide by all federal laws affecting the premises. Grand Prix WPB, however,
failed to make required repairs or comply with federal laws. Marx Realty commissioned
PENT A Engineering Group to complete an analysis of necessary repairs to the premises, which
is attached hereto as Exhibit 6 (the "PENT A Analysis"). The PENT A Analysis covers a ten
year period. The projected repairs for the earlier years are clearly attributable to Grand Prix
WPB's failure and omissions to make required repairs under the WPB Ground Lease. For
purposes of this claim, Lessors believe that at least the first three years are attributable to Grand
Prix WPB 's failure to make required repairs under the WPB Ground Lease. These repairs costs
are in the amount of $188,840. The PENT A Analysis does not encompass all costs associated
with complying with the standards set forth in the Americans with Disabilities Act ("ADA").
Lessors estimate these additional costs to be in the amount of $38,200.
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10. In summary, Lessors assert that the Lease Claim is in the amount of
$2,585,088.00, which breaks down as follows:
Item Cost
502(b)(6)(A) $1,604,711.00
502(b)(6)(B) $ 32,115.00
$ 721,222.00
Repairs $ 188,840.00 $ 948,262.00
$ 38,200.00
TOTAL $2,585,088.00
B. Guaranty Claim
11. Although the Debtors seek to expunge the Guaranty Claim as "duplicative" in the
Sixth Omnibus Objection to Claims, Lessors is unaware of any legal basis for such objection.
The Guaranty is a separate legal obligation of a separate entity. In fact, the Guaranty Claim is
not even part of the same plan of reorganization as the Lease Claim.
12. Lessors assert that the Guaranty Claim is in the amount of$21,290,586.01, which
breaks down as follows:
Item Cost
Acceleration of Rent Under $20,021,509.01
WPB Ground Lease
Pre-Petition Arrears $ 32,115.00
$ 721,222.00
Repairs $ 188,840.00 $ 948,262.00
$ 38,200.00
TOTAL $21,001,886.01
Conclusion
13. For the reasons described above, Lessors believes that the Lease Claim should be
allowed in the amount of $2,585,088 and the Guaranty Claim should be allowed in the amount of
$21,001886.01. Lessors, therefore, requests that the Court deny the Debtors' claim objections
and allow Marx Realty's claims in these modified amounts.
541472.1
Dated: New York, New York
July 18, 2011
541472.1
Respectfully submitted,
GOLENBOCK EISEMAN ASSOR BELL
&PESKOELLP
437 Madison Avenue
New York, New York 10022
(212) 907-7300
By:/s/ Jonathan L. Flaxer
Jonathan L. Flaxer, Esq.
Counsel for Benenson Capital Company
and Rofar Realty Company, Inc.
Exhibit 1
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GROONQ LEliSE
THIS LEASE is made and executed on the lliL. of
FebruaJX , 19...1, by and between RINKER MATERIALS CORP. r a
corporation organized and existing under the laws of the state of
Plorid<t, having its principal office at 1501 Belvedere Road, P.O.
Drawer K, in the City of West P4lm Beach, County of Palm aeadl,
state of Florida, herein .refen:ed to as Lessor, and GULFS'l'REAH
CAPITAL GROUP, INC., a corporation organized and existin9 the
laws of the state of hilving ita prineipal office at 1645
Palm Beach Lakes Boulevard, Saite 320, in the City of West Palm
Beach, County of Palm Beach., State of. referred ,to
as Lessee.
I. JmMISih DESCRIP'l'IQN, AND USE OF PREHISU
Lessor leases to Lessee and Lessee hires from Lessor, for the
purpose of conducting therein any lawful business and for no other
purpose, those certain premises with the appurtenances, situated in
the City of west Palm Beach, County of Palm Beach, State of
Florida, and more particularly described .in tbe schedule attached
hereto as Exhibit A ana made a part hereof. As used herein, the
term premises refers to the real property above described and to
any improvements located thereon from time to time durinq the term
hereof.
rr. :l.lml
The term of this Lease shall be for fifty (50) years,
commencing on June 1, 1965 and ending on May 31, 2035.

subject to adjustments as provided below, the total rent per
;:tnnUJB shall be ONE HUNDRED RINE'l'Y THOUSAND DOLLARS ( $190
1
000),
wbich Ioessee shall pay to Lessor, without deduction or effset, at
such place or places as may be designated from time to time by
Lessor, in installments as follows: quarterly in the amount of
FORH SEVEN THOUSAND FIVE HUNDRED DOLLARS ( $47 ,500) per quarter r
plus sales tax on the lst day of each quarter beginning June l,
1965, and on the lst day of October, January, April, and July
thereafter. '!'he Lessor acknowledges receipt of the first four (4)
month's rent in the amount of $63,333.33. !be Lessor also
acknowledges receipt of the last quarter's rent in the eount of
$47,500, as security for of the terms of this Lease by
Lessee.
This is a net lease.
The Lessee shall pay unto tbe Lessor a late payment fee for
any payment not regeiVrl by Lessor on or before the date due, said
late payment fee shall be THIRTY ($30.00) DOLLARS plus one-
twentieth of one percent (.OS\) of the monthly rental amount for
day past the due date until the rental tH:llance is paid in
full. This Lease shall be considered to be in default, subject to
section XXI below, as of the day the rent is due if the above-
stated rental payment has not been received at the Lessor's
hereinbefore-described address. unpaid rent pius any accrued
penalty for failure to pay monthly rentals when due shall be
declared a valid lien on any and all improvements that bave been
erected on the de111ised premises by the Lessee and any personal
property thereon.
The rental to be paid by Lessee shall be subject to adjustment
as follows: On June 1, 1986, and on the anniversary date of each
year thereafter, the rent to be paid for the next year shall be
increased or decreased {but shall MVer be less than the original
rental rate) by an equivalent percentage eount of the Consumer
Price Index-Urbam {Unadjusted, u.s. city Average, All ItEIIlls), and
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published monthly in the news publications, of Labor
statistics, United States Department of Labor, Washington, D.C.
20213. The computation of the adjusted rental rate shall be based
upon the consumer Price Index for the month of March !mediately
preceding the particUlar June first increase aate as compared to
the current COnsumer Price Index for March of 1985. If the
Departlllent of Labor shall cease publishing such index, the index
published by the u.s. Departlllent of Co111111er:ce shall be used, with
proper adjustment. If the Department of commerce is discontinued,
then the parties shall, in good faith, mutually agree in writing on
a suitable substitute,
The percentage increase, if any, for the succeeding year
shall be limited as follows; The Lessee shall pay increase up
to 7,00%. Tbe Lessee will not pay any increase greater than 7.00%
to 14,0\, The Lessee will pay, in addition to 7%, any increase in
excess of 14.00% but not more than 21.00%. The Lessee will not pay
any increase above 21.00% to 25.00%. The Lessee will pay 50,00% of
any increase above 25%.
Notwithstanding the above, the percentage increase woUld
be formUlated by mutual agreement of the parties if the consumer
Price Index increases by 500' in any consecutive seven-year period.
IV. l'fARRAHnEs OF 'l'In,E AND OOIE'l PQSSE8SION
Lessor that Lessor is seized of the demised
in fee simple and has full right to make this Lease and that Lessee
shall have guiet and peaceable possession of the demised premises
during the term hereof.
v.
The premises are to be used for a 135 - 150 room hotel, a
7,500 to 10,000 sq. ft. restaurant, and any ancillary services.
The Lessee may also uee the demised PJ=emises for any lawful
purpose with the prior written approval of the Lessor; reasonable
approval shall not be withheld. 'l'he Lessee shall not make any
waste or any unlawful or offensive use of the demised premises or
any use not previously approved by the Lessor. 'l'he Lessee agrees
to keep the demised premises in good condition .and repair at
Lessee's sole and shall keep the demised premises free and
clear of all weeds, brush and debris of any kind so as to prevent
the same from becoming dangerous, inflammable or objectionable.
VI. ABAlJ.PONM!OO',' OF PREMISE
Lessee sbsll not vacate or abandon the premises at any time
during the term boreof1 if Leesee shall abandon, vacate or
surrender the demised premises, or be dispossessed by process of
law, or otherwise, any property belonging to Lessee and
left on the premises shall be deemed to be abandoned, at the option
of Lessor, except such property as may be encumbered to Lessor.
VII. ;LBssOR'S :SIGHT TO ENTRY
'l'he Lessee shall permit the Lessor and/or its authorized
agents or representatives to enter IUld inspect o:r: show the demised
premises or any part thereof at reasonable times during business
hours for inspection purposes or to sbow persons wishing to
purchase the demised premises, provided that such showing shall not
unreasonably interfere with the business of the Lessee then baing
conducted on the demised premises.
Lessor's representative shall be provided one room night per
month, if necessary, to complete his inspection. .
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Lessor shall also be provided without charge five r0011 nights
each mvnth for the term of this Lease. '!'his privilege shall be
cumUlative, however, accumulated room nights may be restricted to
the months of May through October. Lessor shall give reasonable
notice to Lessee for the llSe of said rooms.
VIII. l!jNCOHBRAHCI: Of LESSEE'S LEASEHOLD INDJMf
Lessor warrants that there are presently no liens against the
rea! property, nor shall the real property be enclltllbered prior to
the recording a Memorandum of this Lease.
Lessee and every successor and assign of Lessee shall have the
right in addition to any other dghts granted in this Lease,
without Lessor's prior written consentv to mortgage its interest in
this Lease under one or more leasehold mortgages, upon the
condi t1on that all rights aQluired under the leasehold mortgage
shall be subject to each of the covenants, conditions and
restrictions set forth in this Lease, and to all rights and
interests of Lessor in it. If Lessee or Lessee's successors and
assigns shall mortgage this leasehold, and if the holder of the
mortgage, within thirty (30} days of its execution, shall send to
Lessor a true copy of it, together with written notice specifying
the name and address of the mortgagee And the pertinent recording
data with respect to the mortgage, LessOJ: agrees tbat as long as
any such leasehold mortgage shall remain unsatisfie<l of record or
until written notice of s11tisfaction is given by the holder to
Lessor, the following provisions shall apply:
a. shall be no cancellation, surrender or material
modification of this Lease by joint action of Lessor and Lessee
without the prior consent in writing of the leasehold mortgagee,
Said consent shall not be unreasonably withhela.
b. Lessor, upon serving Lessee with MY notice of default,
simUltaneously shall serve a copy of the notice upon the bolder of
the leasehold mortgage. 1'be leasehoJ.CI mortgagee then shall have
the same period, after service of the notice upon it, to remeqy or
cause to be remedied the defaUlts complained of, and Lessor shall
accept the performance by or at the instigation of the leasehold
mortgagee as if it had been done by Lessee.
c. If the Lessor shall elect to terminate this Lease by
reason of any default of Lessee, the leasehold mortgagee not only
shall have the right to nullify any notice of termination by curing
the default, but also shall have the right to postpone and extend
the specified date for the termination of this Lea.se as fixed by
Lessor in its notice of termination, for a period of not more than
six (6) months, provided that the leasehold mortgagee shall cure or
cause to be cured any then existing money defaults and meanwhile
pay the rent and comply with and perform all of the other terms,
condi tiona and provisions of this Lease on Lessee's part to be
complied with Md performed, other than past nonmonetuy c!efaUl ts,
and provided further that the leasehold mortgagee forthwith shall
take steps to acquire or sell Lessee's interest in this Lease by
foreclosure of the mortgage or otherwise and shall prosecute this
action to completion with all due diligence. If at the end of the
six-month period the leasehold mortgagee shall be actively engaged
in steps to acquire or sell Lessee's interest in this Lease, the
time mortgagee to comply with the provisions of this Section
shall be extended for such period as shall be reasonably necessary,
but such extension shall not exceed an additional six (6) months to
complete these steps with reasonable diligence and continuity.
d. Lessor agrees that the name of the leasehold mortgagee
may be added to the nLoss Payable Endorsement of any insurance
policies required by this Lease to be carried by 'l'erant on
condition that the insurance proceeds are to be applied in the
manner specified in this Lease and that the leasehold mortgage or
collateral document shall so provide.
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e. Lessor agrees that in the event of termination of this
Lease by reason of any default Lessee other than for nonpayment
of rent and other payments provided for in this Lease, that Lessor
will enter into a new Lease of the Demised Premises with the
leasehold mortgagee or its nominee, for the remainder of the term,
effective as of the date of the termination, at the rent and upon
tbe terms, provisions, covenants and agreements as contanied iR
tbis Lease and subject only to the same conditions of title as this
Lease is subject to on the date of its execution, and to the
rights, if any, of any parties then in possession of any part of
the demised premises, provided:
1. '!'be mortga.gee or its nominee shall male written
request upon Lessor for the new lease within thirty (30) days after
the date of termination and the written request ia accompanied by
payment to Lessor of sums then due to Lessor under this Lease;
2. Mortgagee or its nominee shall pay to Lessor at the
time of the execution and delivery of the new lease any sums that,
at the time of its execution and delivery, would be due pursuant to
this Lease but for the termination, and in addition, any expenses,
including reasonable attorneys' fees, to which Lessor sbaJ.l have
been s!Wjected by reason of the default and reasonable expenses
incurred relative to the new lease;
3. MOrtgagee or its nominee shall perform and observe
all covenants contained in this Lease on Lessee s part to be
performed and shall further remedy any other conditions that r.essee
under the terminate<! lease was obligated to perform lDlder the terms
of this Lease, and upon and delivery of the new lease,
any subleases that previously may bave been ass.igned and
transferred by Lessee to r.essor, as security under this Lease,
thereupon shall be deemed to be held by Lessor as security for the
performance of all of the obligations of Lessee under the new
lease,
4. r.essor shall not warrant possession of the demised
premises to Lessee under the new 1ease1
s. The Lessee under the new lease shall have the BaDe
right, title and interest in and to the buildings and improvements
on the demised premises as Lessee bad under the terminated lease.
f. The proceeds from any insurance policies or arising from
a condemnation are to be held by any leGsehold mortgagee and
distributed pursuant to the provfsions of this Lease, but the
leasehold mortgagee may reserve its rights to apply to the mortgage
debt all, or any part, of Lessee s share of the proceeds pt.lJ:'SUant
to the mortgage.
g. Lessor, upon request, shall acknowledge and
deliver to each leasehold mortgagee an agreement prepared at the
sole cost and expense of Lessee in form satisfactory to leasehold
mortgagee, between Lessor, Lessee and leasehold mortgagee, agreeing
to all of the provisions of this section.
IX. SUBLET'J.'rNG AND ASS IGNJIENT
The Lessee may not assign this Lease or sublease any part of
the demised premises or allow others to use the demised premises
without Lessor's prior written apptoval. Reasonable approval shall
not be withheld or arbitrarily delayed.
Lessor agrees that Lessee may sublease a portion of the
premises, not to exceed one (l) acre of the premises to any
mutually acceptable, free-standing, "dinner-style" restaurant,
provided, however, that fUll disclosure of tbe sublease terms are
made to Lessor and, in the event that tbe sublet rent exceeds by
ten (10\) percent tbe current rent paid by the Lessee to Lessor on
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a per-square foot basis, then fifty (50%) percent of the excess
shall be paid to Lessor by the Lessee as speciu rent.
consents to the assignment of the Lease to the
remaining 2.3 acres (on which the hotel wUl be located) to a
limited partnership to be formed by Lessee.
The liability of the original and any subsequent lessee shall
cease as to breaches of Lessee's covenants thereafter occurring
in case such original or subsequent lessee has assigned of record
his interest in the leasehold estate and notified the Lessor. The
assi9JU11ent shall not relieve lessee for any breach occurring
during the period of his tenancy.
X. NQ'J.'ICES
It is understood and agreed betwaen the parties hereto that
written notice mailed by registered mail, return receipt requested,
or hand delivered to the premises leased shall
constitute sufficient notice to the Lessee and written notice
mailed by mail, return receipt requested, or hand
delivered to the office hereinbefore mentioned of the Lessor
(Attention: Real Est<Ste Division) shall constitute sufficient
notice to the Lessor to comply with the terms of this contract..
XI 'UJ'ES AND ASSE8SMBN'l'S
The Lessee hereby agrees to pay to the Lessor one-fourth w
(l/4th) of the previous year's real estate ta:a: on or before the
first of each and quarter as additional rent the ter.m
of this Agreement. The real estate taxes were U 7
tbe quarterly payments co111111enoing on June 1, .i il5f are
oft,, .. , , plus any applicable sales t<Sx.
Quarterly tax payments may be adjusted from year to year to
reflect the previous year s actual taxes, taking into <Sccount any
discounts available.
Tbe Lessee hereby agrees to pay or repay the Lessor within ten
(10) days after presentation unto Lessee by Lessor of bill for
property taxes, all special assessments, county, municipality,
special taxing district organized and existing under the of
the State of Florida and any ta:a:es of whatsoever kind or
nature levied by the onited States, and other similar charges, upon
any of the demised premiselili herein leaseCl which are above and
beyond the monthly tax payments. If Lessee does not repay Lessor
within the aforesaid periOd, the Lessor sball be entitled to
l'epayment from Lessee of any amount so paid by Lessor, together
with interest thereon at the rate of eighteen (18%) percent per
annum and the amount thus due shall constitute aaditiona.J. rent
hereunder. In the event all due under this provision are
not paid in full within one hundred eighty ( 180) Clay& after
presentation by the Lessor, then the Lessee shall be in defaUlt and
subject to Section XXI. All taas and special asseablaents, and
other similar charges, payable on an annual basis, are to be
prorated by the parties hereto for the year during which this lease
is made, as well as the year in which the same may be terminated.
Nothing contained in this Section shall be construed to
require Lessee to pay any tax in the nature of an income tax
imposed on tbe Lessor by reason of the receipt of the rent provided
in this Lease.
If Lessee shall in good faith desire to contest the validity
or amount of any tax, assessment, levy, or other governmental
charie herein agreed to be paid by Lessee, Lessee shall be
perm tted to do so, and to defer payment of such tAx until
required to pay by law, or charge, the validity or amount of which
Lessee is so contesting, until final determination of the contest,
on giving to Lessor written notice thereof prior to the commencment
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of any such contest, which shall be at least 30 days prior to
delinquency, and on protecting Lessor on demand by a good and
sufficient surety bond against any such tax, levy, assessment,
rate, or governmental charge, and from any costs, liability, or
damage arising out of any such contest.
XI I. CQNSTRPC'l' ION OF NE!f BUILPINGS
19)5,

Jlans and
specifications for new buildings to be erected on the premises .
which shall provide for a 135- 150 room hotel.aae a 7p588 18,988
8f!1, ft natliu;u;aat. Such plans and specifialtions shall. be
submitted to Lessor for Lessor's written approval or any revisions .. tUOVI
required by Lessor. Lessor shall not unreasonabll withhold iJUCh -
approval. Any construction of improvements will be covered by a full pertonnance
bond(s) with Lessor named as an additional payee undeT said bond(s).
b. Alterations, improvements, and changes permitted. Lessee
shall . bave the right to make such alterations, improvements, and
cbangea to any building which may frOlll time to time be on the
premises as Lessee may deem necessary, or to replace any such
building with a new one of at least equal value, provided that
prior to making any structural alterations, improvements, or
changes, or to replacing any such building, Lessee shall obtain
Lessor's written approval of plans and specifications tberefor,
which approval Lessor shall not unreasonably withhold, provided
that the value of the building shall not be diminished and the
structural integrity of the building shall not be adversely
affected any such alterations, improvements, or changes, or that
any proposed new building is at least equal in value to the one
which it is to replace, as the alse may be. In the event of
disapproval, Lessor shall give to Lessee an itemized statement of
reasons therefor. If Lessor does not ai.Approve the plans and
specifications provideCJ for in this section within 30 days after
the same have been submitted to Lessor, such plans anct
specifialtions shall be de611led to have been approved by Lessor.
LeSMe will in no event make any alterations, iaprovements, or
other changes of any kind to any building on the premises that will
decrease the value of such building, or that will adversely affect
the structural integrity of the building. Prior to commencing any
woz:k that will cost ill excess of !Wo Hundred Fifty Thousand
($250,000) Dollars, Lessee &ball furnish Lessor, on with a
good and sufficient surety bond insuring the completion of sach
work and the payment of all bills therefor.
c. Any new building, buildings, or improvements which shall
be erected by Lessee under this Lease &hall be the exclusive
property of Lessee until the termination of this Lease.
XIII. AND DBSTRDC'l'ION OF
a. Maintenance of improvements. Lessee shall, throughout
the term of this Lease, at its own cost, and without any expense to
Lessor, keep and maintain the premises, including all buildings and
improvements of every kind which may be a part thereof, and all
appurtenances thereto, including sidewalks adjacent thereto, in
good, sanitary, and neat order, and first-olass condition and
repaiz:, and, except as specifically provided herein, restored and
rehabilitate any improvements of any kind which may be destroyed or
Ciamaged by fire, alsu.al.ty, or any other cause whatsoever. Lessor
shall not be obligated to make any repairs, replacements, or
renewals of any kind, nature, or description, whatsoever to the
demised premises or any buildings or improvements thereon. Lessee
shall also comply with and abide all federal, state, county,
municipal, and other governmental statutes, ordinances, laws, and
regulations affecting tbe demised premises, the improvements
thereon or any activity or condition on or in such premises.
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Lessee agrees to refurbish the interiot and extedor of the
improvements on the real property on a periodic basis as
to maintain a first-class condition.
b. Damage to and destruction of improvements. The damage,
destruction, or partial destruction of any building or other
improvement which is a pArt of the premises shall not release
Lessee from any oblisation hereunder, except as hereinafter
expressly provided, and in case of damage to or destruction of
such bnilding or improvement, Lessee shall at its own expense
promptly repair and restore the same to a condition as good 01:
better than that which existed prior to sneb damage or destruction.
Without limiting such obligations of Lessee, it is agreed that the
proceeds of any insurance covering such damage or destruotion shall
be made available to.Lessee for such repair or
c. Damage or destruction occurring toward end of term.
Anything to the contrary in the immediately preceding of
this Section notwithstanding, in case of destruction of the
building on the premises or damage thereto from any cause so as to
make it untenantable occurring during the last five (S) years of
the term hereof, Lessee, if not then in default her:eunder, may
elect to terminate this Lease by written notice served on Lessor
within tbir:ty (30) days after: the occuuence of such damage or:
destruction. In the event of such termination, there shall be no
oblisation on the part of Lessee to repair or restore the building
01: improvements nor any right on the part of Lessee to receive any
proceeds collected under any insurance policies covering suCh
building or any part thereof. On such termination, rent, taxes,
assessments, and any other: sums payable by Lessee to Lessor
hereunder shall be prorated as of the termination date, and in the
event any rent, taxes, or assesaents shall have been paid in
advance, Lessor shall reb4te the same for the unexpired period for
which payment shall have been made.
. d. Election not to terminate. If, in the event of such
destruction or damage during the last five (5) years of the ter:m
hereof, Lessee does not elect to terminate this Lease, tbe proceeds
of all insurance covering such damage or destr11ction shall be ude
available to Lessee for such repAir or replacement, and Lessee
shall be obligated to .repair or rebuild the building as above
pr;:ovided.
XIV. UTILITIES
Lessee shall fully and promptly pay for all water, gas, heat,
light, power, telephone service, and other public utilities of
every kind furnished to the premises throughout the term hereof,
and all other costs and expenses of every kind whatsoever of or in
connection with the use, operation, and maintenance of the premises
and all activities conducted thereon, and Lessor shall have no
responsibility of any kind for any thereof.
xv .ums
The Lessee shall not per:mit any mechanic's lien, materialman's
lien or other lien to be placed &gainst the demise(! premises for
work or materials furnished to the Lessee. In the event any lien
is placed against the property for work or materials furnished to
the Lessee, the Lessee shall release said lien payment, bond or
otherwiae pursuant to appl !cable law within thirty (30) days of
receipt of notice of lien from Lesso.t. If the Lessee does not
satisfy saia lien as required, then the Lessee is considea:ed in
default as of the thirty-first (31st) day following receipt of
notice of lien. Upon default of the Lessee in procuring the
discharge as aforesaid of any sucb lien, the Lessor may, without
further notice, procure the discharge thereof by bonding or payment
or otherwise, ana all reasonable costs and expenses to whiCh the
Lessor may be put in obtaining such discharge shall be paid by the
Lessee to the Lessor as additional rent.
7
.. - .. :.....
If Lessee desires to contest any such lien, it liUlaJ.l notify
Lessor of its intention to do so within thirty (30) days after tbe
filing of sueh lien. In such case, and provided that Lessee mall
on demand protect Lessor by a good and sufficient surety bond
against any such lien and any cost, liability
1
or damage arising
out of such contest, Lessee shall not be in default hereunder until
30 days after the final determination of the validity thereof,
within which time Lessee shall satiSfy and discharge such lien to
the extent held valid7 but the satisfaction and discharge of any
such lien shall not, in any case, be until execution is had
on any jUdCJIIlent rendered thereon, and such delay shall be a default
of Lessee hereunder. In the event of any such contest, Lessee
shall protect and indemnify Lessor against all loss, expense, and
damage resulting therefrom.
XVI. !NpEMNIFICM'tDN OP LBSSOB
Lessor shall not be liable for any loss, injury, death, or
damage to persons or property which at any time may be suffered or
sustained by Lessee or by any person whosoever uy at any time be
using or occupying or visiting the demised premises or be in, on,
or about the same, whether such loss, injury, death, or damage
shall be caused by or in any way resul. t from or arise out of any
act, omission, or negligence of Lessee or of any occupant,
subtenant, visitor, or user of any portion of the premises, or
shall result from or be caused by any other matter or tbing whether
of the same kind. as or of a different kind than the matters or
things above set forth, and Lessee shall indemnify Lessor against
all claims, liability, loss or damage whatsoever on account of any
such loss, injury, death, or damage. Lesee hereby waives all
elaims against Lessor for damages to the building and improvements
that are now on or hereafter placed or built on the premises and to
the property of Lessee in, on, or about the premises, and for
injuries to persons or property in or about the premises, from any
cause arising at any time. 'l'be two preceeding sentences shall not
apply to loss, injury, death, or damage arising by reason of the
negligence or misconduct of Lessor, its agents, or employees.
XVII. AT!'QJUVUS' FEES
If any action at law or in equity, including any appeal, shall
be brougbt to recover any rent under this Lease, or for or on
account of any breach of, or to enforce or interpret any of the
covenants, terms, or conditions of this Lease, or for the recovery
of the possession of the demised premises, the prevailing party
shall be entitled to recover from the other party as part of the
prevailing party's costs rE!4sonable attorneys' fee, the amount of
which shall be fixed by the and shall be made a part of any
judgment or decree rendered.
XVIII. REDJn.IVERY Qf PQMISES
Lessee shall pay the rent and all other sLJIIIS required to be
paid by Lessee hereunder in the amounts, at the ti111es, and in the
manner benin and shall keep and perfot'lll all the terms
and conditions hereof on its part to be kept and performed, and, at
the expiration or sooner termination of this Lease, peaceably and
quietly quit and surrender to Lessor the in good order and
condition subject to the other provisions of tbis Lease. In the
event of the non-performance by Lessee of any of the covenants of
Lessee undertaken herein, tbis Lease may be terminated as herein
provided.
XIX. REMERIIU> rnMQLA'l'IVE
All remedies hereinbefore and hereafter conferred on Lessor
shall be deemed cumulative and no one exclusive of the other, or of
any other remedy conferred by law.
8
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.
XX. INsuRANCE
a. General Liability. Lessee shall provide, prior to
taking possession of the demised premises, a certificate evidencing
instlrance coverage satisfactory to the Lessor for comprehensive
general liability in the combined single limit for property damage
and personal injury in the amount of not less than FIVE MILLION
($5,000,600) DOLLARS, showing the Lessor as additional named
insured, and providing a ten (10) day written notice to the insured
prior to cancellation clause. Lessee shall increase said coverage
in a manner consistent with the adjustment set forth in Paragraph
I:U hereof on every fifth anniversary date, unless otherwise
mutually agreed. The Lessee shall notify the Lessor of planned
demolition on, along or adjacent to a railroad right-of-way, if
any. If such a demolition ill approved, Lessee shall provide the
railroad with a railroad protective liability acceptable to
the Lessor.
b. Property Insurance. Prope.rty insu.rance on existing OJ:
future. real estate improvements shall, at the sole option of the
Lessor, be provided by the the reasonable praium cost
thereof to be paid as additional rent, including sales tax, and on
the same terms for rent as in Paragraph a. Lessor will provide iUl
estimate for the cost for Lessee's review. In the event
Lessee deems said premium to be unreasonable, then Lessee has the
option to provide sdd insurance by a bona fide vendor
properly licensed to issue said property insurance and sUbject to
the review and approval of Lessor, such approval shall not be
unreasonably withheld.
c. Workers' compensation. Lessee shall
Compensation insurance as required by law, and evidence of said
insurance shall be provided to the Lessor.
Lessee's failure to effectuate any and all such insurance and
renewal policies and to deliver such certificate of insurance and
renewals thereof to Lessor as required during the term of this
Lease, shall constitute a default as of the first day for which the
leased premises are not covered by insurance by the Lessee under
the terms above described.
XXI. TERMINATION UPQH DBFAULT
The prompt payment of the rent foJ: said demised premises upon
the date named, and the faithful observance of the terms, covenants
and of this Lease are conditions of this Lease. If the
Lessee falls to perform or comply with any of the terms, provisions
and conditions of this Lease within thirty (30) days after written
notice of default from Lessor, this Lease may be terminated
forthwith at the option of the Lessor. If said default shall
reasonably require longer than thirty (30) (lays to cure and if
Lessee shall fail to COIIIlllence a cure of said default within thirty
(30) days after notice thereof and proaeeute the oudng of default
to completion with due diligence, this Lease may be terminated. In
the event of such default, the Lessee shall have no Claim
whatsoever against the Lessor by reason of made upon
the demised premises, rents paid OJ: other cause wbatsoeveJ:, and
the title and right of possession to all personal property situated
on the demised premises shall automaticolly vest in the Lessor.
XXII. LESSEE
1
S RIGHT OF FIRS'f R!PIJSAL 'l'Q WRCHASE DEMISBP PJWliSEB
In the event that at any time the term hereof, Lessor
shall receive from any third party a bona fide offer to purchase
the premises at a price and on acceptable to Lessor, Lessor
shall give written notice of such price and terms to Lessee and
Lessee shall have forty-five (45) days thereafter in which to
a written agreement with Lessor for the purchase of the
premises at such price anEl on such terms. If Lessor shall so
notify Lessee and Lessee sball fail to ezecute such agreement
9
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... __ ,__;____
. '1:
<:../
within such 45-day period, Lessor shall thereafter be free to sell
the property to the third party the offer on the same terms
and condi tiona set forth in sll.ch offer and if the property is so
sold to such party then all rights of Lessee under this section
shall forthwith termirulte. If the property is not sold to the
party making the offer, then Lessor shall give Lessee the same
right to purchase the property on receiving any subsequent offer
from any third party that is acceptable to Lessor1 provided,
however, that nothing herein contained shall in any way limit the
right of Lessor to transfer or convey the premises on the
di5solution of Lessor or otherwise, for nominal or no
consideration, and Lessee shall have no right to purchase the
proper:ty in the event of such transfer or conveyance.
XXIII. EFFECT OF Ji!NNEN't !X>MAIN
In the event the demised premises is taken ey eminent aomain
either in whole or in part, the parties' rights shall be determined
ey the court of competent jurisdiction.
XXIV. DISPOSITION OF IMPRQVBfiEN'l'S ON TRRJ1Xl\!ATION OF LEASE
on termination of this Lease for any cause, Lessor shall
become the owner of any building or improvements on the demised
premises.
XXV TBANSFER OF SECURITY
If any security is given by Lessee to secure the faithful
performance of all or any of the covenants of this Lease on the
part of Lessee, Lessor may transfer or deliver the security, as
such, to the purchaser of the reversion, in the event that the
reversion be sold, and thereupon Lessor shall be discharged from
any further liability in reference thereto.
XXVI. WAIVER
The waiver ey Lessor of, or the failure of Lessor to take
action with respect to any breach of any term, covenant, or
condition herein contained shall not be deemed to be a waiver of
such ter:lil, covemlnt, or condition, or subsequent breach. of the
same, or any other term, covenant, or condi t.ion therein contained.
The subsequent acceptance of rent hereunder by Lessor shall not be
deemed to be a waiver of any pre<;eding breach ey Lessee of any
term, covenant, or condition of this Lease, other than the failure
of Lessee to pay the particular rental so accepted, regardless of
Lessor's knowledge of such preceding breach at the time of
acceptance of such rent.
XXVII. BlPEC'J! OF LESSEE'S BOI.DING QVIR
Any holding over after the expiration of the term of this
Lease, with consen.t of Lessor, shall be construed to be a tenancy
from month to month, at tbe same monthly rental as required to be
by Lessee for the period immediately prior to the expiration
of the term hereof, and shall otherwise be on the terms and
conditions herein specified, so far as applicable.
XXVIII. EARTIES BOUND
T.be covenants and conditions berein contained shall, subject
to the provisions as to assignment, transfer, and subletting, apply
to and bind the heirs, successors, executors, administrators, and
assigns of all of the parties hereto; and all of the parties hereto
shall be jointly and severally liable hereunder.
10
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XXIX. PABTIAT, ItwiLIDITY
If any term, covenant, condition or provision of this Lease
or the application thereof to any person or circumstance shall, at
any time or to any extent, be invalid or unenforceable,. tbe
remainder of this Lease or the application of such term or
provision to persons or circumstances other than those as to which
this Lease is held invalid or unentorceable, shall not be affected
tbereby1 and each term, covenant, condition and provision of this
Lease be valid and enforced to the fullest extent permitted
by law.
XXX.
It is hereby understood and agreed that any signs, notices,
posters or advertising matter to be used in or about the demised
in connection with the demised premises leased hereunder
shall be first submitted to the Lessor for approval before
installation of same. Lessor's approval 8hall not be unreasonably
withheld. All cost for production, installation, maintenance and
removal shall be Lessee's responsibility.
XXXI. MISCELLANEOUS PROVISION
a. "As rs. The Lessee hereby accepts the demised premises
in an as is" condition and it is understood that the Lessor bas no
obligation to make any repairs, maintenance or improvements during
the term of this Lease. All personal property or improvements
placed or moved onto the demised premises shall be at the sole risk
of tbe Lessee and its agents and the Lessor aball not be liable for
any damage to said personal property or improvements, or from an;y
act of negligence of the tenant, occupant or any other person
whomsoever. 'l'be demised premises are hereby leased subject to any
restrictions, easements and limitations of record.
b. Operations. '!'he Lessee hereby agrees to operate its
business in a neat and orderly fashion inside the boundaries of the
demised premises in such l!l way that will not lessen the value of
the Lessor's property, and the Lessee s facilities and operations
in accordance with ordinances of any governmental agency having
jurisdiction at the Lessee's sole cost.
c. Co111111issions. The Lessee and Lessor hereby agree that
tbey shall hold each other harmless from any real estate
commissions except as otherwise mentioned herein pertaining to this
Lease Agreement.
d. Relationship of Parties. Nothing contained in this Lease
shall create any relationship between the Lessor and Lessee other
than that of landlord and tenant, and it is acknowledged and aqreec!l
that Lessor does not in any way for any puJ:pose become a partner of
Lessee in the conduct of Lessee's business, or a joint venturer or
a member of a joint or common enterprise with Lessee.
e. Meaning of Words. Unless the context clearly indicates a
contrary intention,. all word8 used herein in one gender shall
extend to and include the other genderr all words in the singular
nwnber shall extend to and include the plural' and all words used
in the plural number shall extend to and include the singular.
f. Entire Agreement. This Lease contains the entire
agreement of the parties hereto with respect to the leasing of the
subject property described herein and tbis Lease may not be
Ulended, modified, released or discharged, in whole or in part,
except by an in writing signed by both the parties
hereto, their respective successors or assigns.
ll
___ .....,;.._ ___ ... ..:...-....-; .. __ .. ____ ....:._
-..:.-....
g. Right of First Refusal (Lessor). Lessee intends to
construct the hotel and restaurant of principally concrete
materials. Lessee, as part of the consideration for the subject
lease, hsereby grants to the Lessor the riqht first refusal in
the sale of concrete and related building materials to Lessee to be
usea by Lessee in the construction of Lessee's proposed hotel and
restaurant at the demised premises, subject to price being less
than or equal to other competitive bids, and of equal quality and
delivery dates.
h. Lessee shall deliver a check in the amount of ONB HUNDRED
'l'EN 'l'HOOSAND EIGHT HUNDRED THIRTY TBREB AND TIJIR'l'Y-'l'HRBE ONE-
HUNDREDTHS DOLLARS {$110,833.33) payable to the Jackson, Eonigsburg
& Payne Trust Account upon the execution of this Lease. Interest
on said $110,833.33 deposit is to be held in an interest-bearing
account with interest accruing to the benefit of Lessor. If,
Lessee determines before June 1, 1985 that it cannot obtain all
necessary permits, licenses, and financing and so notifies Lessor
in writing on or before June 1, 1985, then all agre11111ents between
Lessor and Lessee shall be terminated, both Lessee and LeBBor shall
be released of all obligations hereunder, and Lessor shall promptly
return Lessee's deposits. However, the foregoing,
in the event Lessee has not secured $1,500,000 on or before June 1,
1985, and fails to notify Lessor in writing providing proof of such
receipt, Lessor shall be entitled to retain $47,500 of said
deposit, with the balance returned to Lessee as above.
i. Lessor agrees to modify, add, or delete any clitUses of
thia Lease required Lessee's lenders that are reasonable. !his
Lease shall terminate if Lessee is unable to obtain financing as a
result of Lessor's refusal to include 11ny such reasonable
modifications, additions or deletions.
.
j. '!'he parhes shall execute a Memorandum of Lease in form
set forth as Exhibit "I' "a and shall record the same in the Public
Records of Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Lease
to be executed this 16th day of February, 1985.
LE8SOR:
RINKER MATERIALS CORP.
By;
M. E. RimtER, CBO
A'l"l'ES'l'z
r:fr."
Secretary
LP.SSU:

.
{CORl?ORATB SEAL]
12
. . . . . -
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Note: NOt. To Seale
....
( Description )
COMMENCING FROM THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 43 SOUTH, RANGE
43 J';AST; R\IN N.8759'06"W, A DISTANC!: OF 149,38 FEET, SAIP LINE ALSO
SOUTH LINE OF SECTION 29, TOWNSHIP 43 SOUTH, RANGE 43 EAST; THENCE RUN
N.02"44
1
36"E. A DISTANCE OF 66 Ft:ET, TO A THENCE A
DISTANCE OF 193,78 FtET, TOA POINT; THUS POINT ALSO BEING THE POINT OF
BEGINNING; THENCE CONTINUE N.87"5!1
1
06"W, A DISTANCE OF 216.0 FEET, TO A POINT;
THENCE RUN M.02.44'36"&,A DISTANCE OF 660.00 n;Et, TO A POINT; THENCE ltlJN
5.87"59'06", A DISTANCE OF 207.61 FEET, TO A POINT; THENCE RUN S,02"00'54"W,
A D:t_STANCE OF 6.59, 95 FEET TO THE POINT OF BEGINNING,
THE ABOVE PROPERTY BEING IN THE COUNTY OF PAJJi BEACH, FLORIDA. TOTAL ACREAGE
BEING 3.2089, HOKE OR LESS,
( Exhibit A J
August 29, 1tY
. ! f
EXHIBIT 11
Commencing from the southeast corner of Section 29, Township .113
South, Range 43 Easit; Run North a7:;9 06" West a distance of
249.38 feet, said line. also being South line of Section 29,
Township 43 South, Range 43 East; Thence run North 02"44'36" East
a distance of 66.00 feet, to a Point; Thence run North 67"!)9 '06"
West a distance of 193.76 feet, to & Point; thus Point also being
the Point of Beginning: Thence continue North 87" 59' 06" West a
distance of 216.00 f,eet, to a Point; Thence run North 02"44'36"
Ea:st a distance of 660.00 feet, to a Point; Thence run South
8759'06" East a distance of 207.61 feet, to a Point; Thence run
south 02"00' 54" West a Distance of 659.95 feet to the Point of
Beginning.
Less and except portion of the above described parcel
conveyed by Quitclaim Deed for use as public right-of-way dated
July 24, 1989 and recorded July 25, 1989 in Official Records Book
614 0, Pa9c 1039, Public Records of Palm Beach County, Florida to
the City of West Palm Beach for the right-of-way of Worthington
Road (renamed Belvedere Lane}, more particularly described as
follows:
A parcel of lan4 in the one-quarter of Section
29, Township 43' South, Range 43 East, Palm Beach County,
more particularly described as follows:
Beginning at the Southeast corner of Palm Beach
International Airport Center according to the Plat thereof
as recorded in Plat Book 46, Page 25 the Public Records
of Palm Beach County; thence N. OlOS'46" East, alon9 the
East line of said P.B.I.A.C., a oishnee of 293.67 feet to
the intersection with a curve; thence along the arc of a
curve to the right whose radius point bears s. 31"05'48"
We:>t, having a radius of 50,00 feet, a central angle of
6000'00", and an arc of 52.36 feet to a point of
tangency; thence s. Ol-05'48" West, a distance of 23!L93
feet to a point of curvature; thence along the arc of a
curve to the lett whose r&dius pint bears s. 68"54 '12"
East, having a radius of 10.00 feet, a central angle of
90"43:27", and an arc! distance of lS.83 feet to a point of
intersection the llorth line of !:lf'llvec"le-re Roarl
Right-of-Way (PB 46, Pg. 25); thence N. West
along said Right-of-Way a distance of 35.13 feet . io the
POINT OF BEGINNING.
(Exceptions)
l. Ta,:es !or the 1989 and any ta:r.es and assessments levied
or assessed subsequent to the effective date hereof. Said
taxes become a lien as of January 1, 1969 but are not due and
payable until November o! 1969.
2. Any rights of parties in possession under unrecorded leases.
3 Any rights of parties in actual possession of the premises
insured hereby, other than the named insured.
Terms and conditions of
Memorandum of Lease, as
463!1, Page 1303, and as
5184, Page 1328, both of
Count:;,
that certain Lease, according to
recorded in Otficial Records Book
assigned in Offi.cial Records Book
the Public Records of Palm Beach
S. Lessor's Agreement with Leasehold Mortgagee by and between
Rinker Materials Corporation,. Gulf:>tream Capital Group, Inc.
ancl. E.nsign Bank, FSB dated 29, 1985 end recorded in
Book 4639, Page 1306, Public Records of Palm
Beach County, Florida.
6 Special Assessment contained within Resolution, recorded in
Official Records Book 4980, Page 1473, Public Records of Palm
Beach County, Florida. .
.
. ...... .
. ......
Utility Easement
A parcel of land 10 feet in width lying in Section 29, Township 43
south, Range .113 :ta:;t, Palm Beach county, Florida; the c::enterline
being more described as follows:
Commence at the Southeast c::orner of said section 29; thence North
B7 59 06" west along the South line of said section 29 (the South
line of said Sectioin 29 is assumed to bur North 8759 '06" West
and all other bearings are relative theuto) a distance of '143.16
feet to a point; thence North 0200'54 East a distance of ll8.3l
feet to the POlNT OF 13EGINNUlG of the herejnafter described
parcel; thence a4l0'24" Ea:>t a distance of 213.35 feet to
the POINT OF TERMINUS.
Said pHcel being bound at the Westetly end by a line bearing
North 0200'54" East and passin9 through the POINT OF BEGINNING.
Drainage Easement
A parcel ot land in Section 29, Town3hip 43 South, Range East,
Palm Beech County, Florida, being more particularly described as
follows:
Commence at the Southeast.corner of said Section 29, thence North
87"59 '06" West along the South line of. said Section 29 (the South
line of said Section 29 is to bear North -87S!l'06 '!'lest
and all other bearings are relative thereto) a distance of 4.113.16
feet to a point: thence North East a distance of 66,00
feet to a point on tihe Right-of-Way line o! Belve'dere Road
HS now laid out ann in use; North 02oos4 distance
of 629.94 feet to :the POINT OF BEGINNING of the hereinafter
described parcel; thence continue North 02oos4 East .a' distance
of 20.00 feet to a pioint; thence South Ea.st a distance
of 181.42 feet to a point on the westerly Right-of-Way line of the
L2 Cana 1 as recorded in Road Plat Book s, Page 84, Public Records
of. Palm Beech thence south 25"58'54" East along
sa1d Right-of-Way l1ne a of 22.65 feet to a point; thence
North 87"59'06" West a dlstance of 192.05 feet to the POINT OF
BEGINNING.
- 2 -
------.. ------ ... ..
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scALE: 1" .. 5o'
.. : . :_:. .=
170.10'
P,ARCEL ..
.....
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co
II)
PARCEL II B"
lJ = B SIs'
AzJ5.5B'
R= to.oo'
PALM BEACH INTERNATIONAL AIRPORT CENTER
. ( PLA.T BOOK 46, .PAGE 25)
RINKER PARCEL
A parcel of land fn the Southeast one-quarter of Section Z9,
'Township 43 South, Range 43 EasL Beach Florida,
parttcularfly described ,as follows:
'BEGINNING at the Southeast corner of the PALM BEACH INTERNATIONAL
AIRPORT CENTER according to the \Plat thereof u reco_..rded in Plat
Book 46, Page Z5 of the Public
1
Records of Palm_ .. &hch County;
thence N. 01 05' 48" E, along the East of said P.B.I.A.C.,
a distance of 293.67 feet to the intersection with a curve;
along the arc of a curve to the right whoie radius point
bearsS. Jl* 05' 48" w. hilv1ng a radius of 50.00 feet, a central
angle of 60- 00' 00", and an arc distance of 52.36 feet to a
pofnt of tangency; thence S. 01 05' 48" W, a distance of, 239.9.3
feet to a point of curvature; thence along the arc of a curve to
the left whose radius point bears s. 88
9
54' 12" E, having a
radius of 10.00 feet, a central angle of 90 43' and an arc
distance of 15.83 feet to a point of intersection with the North
line of BELVEDERE ROAD RightofWay (PB 46, Pg.- 25); thence H.
Bg 37' 39" W. along said Right-ofWay a distance .of 35.13 .feet
to the POlNT.OF BEGINNING.
Said lands situate fn the City of West Palm Beach, Palm Beach
County, florida containtng 7045.123 square feet; more or less.
, '' Acae-s
..
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DtSCRIP'TIOH
RINKER' 5 PAACEL'
. . : :' : ...... . . . :.
DATE F. e. riLC
9/26/8 -- 333
.. : .. ;,p: ....
..
..............
FIRST 1diENDHERT '1'0 THE GROUND LEASE
THJ;S FIRST AMENDMENT TO THE GROUND LEASE is made this .3/.tJt
day of , 1989 by BENENSON CAPITAL COMPANY, a New
York general partnership and ROFAR REALTY COMPANY, INC. , a New York
corporation (collectively "Lessor"), and PALM BEACH HOTEL
ASSOCIATES, LTD., a Florida limited partnership ("Lessee")
WHEREAS, RINKER MATERIALS CORPORATION, as original Lessor,
and GULFSTREAM CAPITAL GROUP, INC., as original Lessee, entered
into a Ground Lease dated February 16, 1985 ("Ground Lease"): and
WHEREAS, by Assignment of Lease dated July 1, 1986, Gulfstream
capital Group, Inc. assigned its interest as Lessee in the Ground
Lease to Palm Beach Hotel Associates, Ltd.: and
WHeREAS, by Assignment of Lease dated July 24, 1989, Rinker
Materials corporation assigned its interest as Lessor in the Ground
Lease to Benenson Capital company and Rofar Realty company, Inc.;
and
WHEREAS, it is now the intent of Lessor and Lessee to amend
the Ground Lease by amending the real property description leased
thereunder.
NOW, THEREFORE, in considersation of the covenants and
agreements contained herein, Lessor and Lessee agree as follows:
1. The Ground Lease is amended by substituting for Exhibit
"A" thereto the attached Exhibit "A" hereto so that the real
property description leased under the Ground Lease shall read as
per Exhibit "A" attached hereto.
2. Except as amended above, the Ground Lease shall stand as
first written.
IN WITNESS WHEREOF. th!il Parties hereto have hereunto set thtlir
hands and seals the day, month and year aforesaid.
Signed, sealed and delivered

(
2
) 74-4 l"+t /"-"-}
(1)

(Corporate Seal)
(COrporate seal)
LESSOR:


CHARLES BBNENSON, Trustee
under the Charles Benenson
Family Trust
LESSEE:
PALM BEACH HOTEL ASSOCIATES, LTD.
BY:
'- -
. ..... , ........ _,
ss:
COUNTY OF jJ<N
BEFORE ME, the undersigned authority, an officer duly
authorized to administer oaths and take acknowledgments, and duly
qualified and acting, this day personally appeared Charles
Benenson, to me known to be the Trustee under the Charles Benenson
Family Trust, and he executed the foregoing instrument and
acknowledged before me that he was duly authorized to do so.
WI'l'NESS MY HAND AND SEAL
aforesaid on the 1; u- day of
in the county and state
O<-nA6'1\ I 1989.
last

'NOTARY JlUBr..'tc
STATE
COUNTY OF )t.e.._,
ss:
BEFORE ME, the undersigned authority, an officer duly
authorized to administer oaths and take acknowledgements, and duly
qualified a this d y personally appeared Leonard Marx,
sr. , and , to me known to be the
President a Seer ry respect! vely of ROFAR REALTY COMPANY, INC. ,
a New York rporation, and they executed the foregoing instrument
and acknowledged before me that they were duly authortzed by that
corporation to do so.
WI'l'NESS MY HAND AND SEAL
aforesaid on the .3/ day of -====7------:==
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
BEFORE HE, the undersigned authority, an officer duly
authorized to administer oaths and take acknowledgements, and duly
qualified and acting, this day personally appeared Ernest A.
Higgins and Jeffrey H. Fisher, to me known to be the President and
Secretary respectively of BELVEDERE ASSOCIATES, INC., a Florida
corporation, and they executed the foregoing instrUlllent and
acknowledged before me that they were duly authorized by that
corporation to do so.
WITNESS MY HAND _J:ND SEAL
aforesaid on the a, day of
in the county and State last
11989.
WOZ!a
My Commission expires:
..
;..
. - .:. ___ . _. -.:. ,_;_, ... .. .__ . .;, .._.,
EXHI,E!IT b"
Commencing from the Southeast corner of Section 29, Town:; hip 43
South, Range 43 East; Run North 87
6
59'06 West a distance of
249.38 feet, said line also being south line of section 29,
Township 43 South, Range 43 East; Thence run North 0244'36 East
a distance of 66.00 feet, to a Point; Thence run North 8759'06"
West a distance of 193.78 feet, to a Point; thus Point also being
the Point of Beginning; Thence continue North 87"59 '06" West a
distance of 216.00 feet, to a Point; Thence run North 0244'36"
East a distance of 660.00 feet, to a Point; Thence run South
87
6
59'06" East a distance of 207.61 feet, to a Point: Thence run
South 0200'54" West a Distance of 659.95 feet to the Point of
Beginning.
Less and except that portion of the above described: parcel
conveyed by Quitclaim Deed for use as public dated
July 24, 1989 and recorded July 25, 1989 in Official Recotds Bqok
6140, Page 1039, Public Records of Palm Beach Co.unty, Florida to
the City of West Palm Beach for the right-of-way Worthington
Road (renamed Belvedere Lane), more particularly es
follows: '
A parcel of land in the Southeast one-quarter of section
29, Township 43 South, Range 43 East, Palm Beach County,
Florida, more particularly described as follows:
Beginning at the Southeast corner of the Palm Beach
International Airport Center according to the Plat thereof
as recorded in Plat Book 46, Page 25 of the Public Records
of Palm Beach County; thence N. 01005'48" East, along the
East line of said P.B.I.A.C., a distance of 293.67 feet to
the intersection with a curve; thence alonq the arc of a
curve to the right whose radius point bears S. 3105'48"
West, having a radiu:; of 50.00 feet, a central angle of
6ooooo, and an arc distance of 52.36 feet to a point of
tangency; thence S. OP05'48" West, a distance of 239.93
feet to <> point of c:u?ature; thence along the arc of a
curve to the left whose radius pint bears s. ssv54 '12"
East, having a radius of 10.00 feet, a central angle of
and an arc di:;tance of 15.83 feet to a point of
intersection th the North line of Road
Right-of-Way (PB 46, Pg. 25); thence N. 8937'39 West
along said Right-of-Way a dhtance of 35.13 feet to the
POINT OF BEGINNING.
(Exceptions)
l. Taxes for the year 1989 and any taxes and assessments levied
or assessed subsequent to the effective date hereof, Saia
taxes become a lien as of January 1, 1989 but are not due and
payable until November of 1989.
2. Any rights of parties in possession under unrecorded leases. '
3. Any rights of parties in actual possession of the premises
insu):.ed :jereby, other than the nam0d insured.
4. Terms and conditions of that certain Lease, according to
Memorandum of Lease, as recorded in Official Records Book
4639, Page 1303, and as assigned in Offi..cial Records Book
5184, Page 1328, both of the Public Records of Palm Beach

5. Lessor's Agreement with Leasehold Mortgagee by and between
Rinker Materials corporation, Gulfstream Capital Group, Inc.
and Ensign Bank, :FSB dated August 29, 1985 and recorded in
Official Records Book 4639, Page 1306, Public Records of Palm
Beach County, Florida. .
6. Special Assessment contained within Resolution, recorded in
Official Records Book 4980, Page 1473, Public Records of Palm
Beach County, Florida.
,
.,.,."'"
,:('
Utility Easement
A parcel of land 10 feet in width lying in Section 29, Township 43
South, Ran9e 43 East, Palm Beach County, the centerline
being more described as follows:
commence at the Southeast corner of said Section 29; thence North
8759'06" West along the South line of said section 29 {the South
line of said Section 2!1 is assumed to bear North 87"59'06" West
and all other bearings are relative thereto) a distance of 443.16
feet to a point; thence North 07."00'54" East a distance of 118.31
feet to the POINT OF BEGINNING of the hereinafter described
parcel; thence North East a distan-;:e of 213.35 feet to
the POINT OF TERMINUS.
Said parcel being bound at the Westerly end by a line bearing
North 0200'54" East and passing through the POINT OP' BEGINNING.
Drainage Easement
A parcel of land in Section 29, Township 43 South, Range 43 East,
Palm Beach County, Florida, being more particularly described as
follows:
commence at the Southeast corner of said Section 29, thence North
West along the South line of said Section 29 (the South
line of. :.a icl Section 29 is assumed to bear No.rth 87"59 06" West
and all other bearings are relative thereto) a distance of 443.16
feet to a point; thence North 02"00'54" East a distance of 66.00
feet to a point on the North Right-of-Way line of Belvedere Road
as now laid out and in use: thencu North 02"00'54" East i distance
of 629.!14 feet to the POINT OF BEGINNING of the hereinafter
described parcel; thence continue North 02"00'54" East a distance
of 20.00 feet to a point; thence South East a distance
of 181.42 feet to a point on the Westerly Right-of-Way line of the
L2 Canal as recorded in Road Plat Book 5, Page 84, Public Records
of Palm Beach County, Florida; thence south 25"58'54" East along
said Right-of-Way line a distance of 22.65 feet to a point; thence
North 87"59'06" west a distance of 192.05 feet to the POINT OP'
BEGINlUNG.
- 2 -
Exhibit 2
CONSENT TO AIGNMENT ANQ aUMPTION Of GROUND LEAS_E
_ niA'f !HIS IS A CONSENT TO ASSIGNMENT AND ASSUMPTION OF GROUND LEASE, entered Into
on MafGt.lo .11. 2008 among:
THE BENENSON CAPITAL COMPANY LLC a Delaware llmlted Hablllty company (flk/a)
Benenson Capital Company, and ROFAR REALTY COMPANY, INC.,
hereinafter collectively referred to as "Lessor",
and
INNKEEPERS FINANCING PARTNERSHIP, L.P., a
VIrginia limited partnership, hereinafter referred to
as "Assignor",
and
GRAND PRIX WEST PALM BEACH LLC, a
Delaware limited liability company,
hereinafter referred to as Assignee.
WHEREAS, Assignor Is the Lessee under Ground lease dated February 16, 1985, a
Memorandum of lease pertaining to such Ground Lease having been recorded on August 30, 1985 in
O.R. Book 4639, Page 1303, relating to the real property and Improvement!! thereon, the legal description
of which is attached hereto, Incorporated herein and identffled as Exhibit "A"; the lessee's rights, title and
interest therein having been assigned to Palm Beach Hotel Associates, Ltd., a Florida limited partnership
by Assignment of Lease dated July 1, 1986 and recorded on February 24, 1987, In O.R. Book 6184, Page
1328; subsequently having been assigned to Innkeepers USA Limited Partnership, a Virginia limited
partnership by Assignment of Lease dated September 20, 1994 and recorded on December 29, 1994 In
O.R. Book 8562, Page 300; and subsequently assigned to Assignor by Assignment of Lease dated May
7, 1995, and recorded May 22, 19951n O.R. Book 8756, Page 685; and
WHEREAS, Assignor wishes to assign to Assignee Assignor's rights, title and interest as Lessee
in said Ground Lease; and
WHEREAS, pursuant to the Ground Lease, any proposed assignment first requires the prior
written consent of lessor thereto; and
WHEREAS, Assignee has agreed to assume the obligations, duties and liabilities of the Lessee
under the Ground Lease; and
WHEREAS, lessor has agreed to extend its consent to the proposed assignment between the
Assignor and Assignee.
In consideration of the mutual promises, covenants and agreements, and other good and
valuable COI1Sideration, the receipt and adequacy of which are hereby acknowledged, the parties agree
a s f o ~ o w s :
1. The foregoing recitals are true and correct and are Incorporated Into this Consent to Assignment
and Assumption of Ground Lease.
2. Lessor does hereby consent to an assignment from Assignor to Assignee of the Lessee's lights,
title and interests In the Ground Lease.
JI30754v.4 09731-0013-000 03/21/2008
3. Assignor and Assignee acknoWledge and agree that the Ground Lease shall control, despite any
provision which is or may appear to be contrary in the assignment between Assignor and
Assignee. Under no circumstances shall any consent provided in this consent document be
construed to allow any subordination by any person of the fee simple title interest of Lessor In and
te> the premises leased.
4. Assignee herewith assumes the obligations, duties and liabilities of the lessee under the Ground
Lease and agrees to perform all of the terms. covenants and conditions thereof, which shall be
binding upon its successors and assigns, If any, and Assignee agrees to remain liable in the
event of an assignment or assignments.
5. By the consent and approval contained in this document, Lessor relies upon the representations
of Assignor and Assignee that no other person, natural, corporate or otherwise, will be adversely
affected by the consent and approval contained in this document. In the event of a claim by any
such third person that Lessor's Consent to Assignment and Assumption of Ground Lease
adversely affects any such person, Assignee and Assignor each agrees to indemnify and hold
harmless Lessor completely from any such ciE!Im and shall provide Lessor a complete legal
defense for any such claim, at no cost or expense whatsoever to Lessor.
2
1130754v.3 09731-0013-000 10/30/2007
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first written above.
WITNESSES AS TO BENENSON:
(CORPORATE SEAL)
WITNESSES AS TO ROFAR:
(CORPORATE SEAL)
1130754v.4 09731-0013-000
LESSOR:
THE BENENSON CAPITAL COMPANY LLC, a
Dei61Ware limited blllty Company
a,:

/1 ri,.A../ .Ji VII <.r
LESSOR:
ROFAR REALTY COMPANY, INC., a New York
corporation
By: Marx Realty & Improvement Co., Inc.,_
By:
:-:-Na_m_e_: -=c::-la-ud-:-e-::T:-.
lls; President & CEO
3
03/21/2008
IN WITNESS OF THE FOREGOING, the pwtles have set their hands and seals the day and year
first written above.
WITNESSES AS TO BENENSON:
(CORPORATE SEAL)
WITNESSES AS TO ROFAR:
(CORPORATE SEAL)
I J30754v.3 09731-0013-000
LESSOR:
BENENSON CAPITAL COMPANY, a New York
General Partnership

a General Partner
LESSOR:
ROFAR REAL TV COMPANY, INC., a New York
corporation
S,. . Ma1 x Realty & IR'lf'Fe&'fflaFtt Cg , In , ----...
ey:
Name: Claude T. Chandonnet
Its: President & CEO
3
10/30/2007
WITNESSES:
(CORPORATE SEAL}
WITNESSES:
(CORPORATE SEAL)
11307 54v.3 09731-0013-000
ASSIGNOR:
INNKEEPERS FINANCING PARTNERSHIP,
L.P., a Virginia limited partnership
By: Innkeepers USA Trust,
as general partner
~ - - - - - - - - - - - - - - - - - -
ASSJGNEE:
GRAND PRIX WEST PALM BEACH LLC,
a Delaware limited liability company
~ - - - - - - - - - - - - - - - - - - - - - - -
4
10/30/2007
I
.
!
;
STATE OF J)e.uJ ({o
COUNTY OFN iiJ "{ 0 l t:...
/1Ptti L Jhe foregoing Instrument was acknowledged before me this
iebF\1ery.:._z:__. 2008 by Z/o S1'11t3 i!JE' and-:-:--:---:------
as and respectively, of
BENENSON CAPITAL COMPANY LLC, a Delaware limited liability company. They are personallx.__known
to me or have produoed as identification and did not iil<e an
oath.
(SEAL)

COUNTYOF ____________ __

Notary Public, State of w7'ek..
(Signature of Notary taking
Acknowledgement)
C 11tH tJ s oi'J
Name of Notary Typed,
Printed or Stamped
My Commlsslon Expires:
MA-'f 't,
Commission Number
The foregoing Instrument was acknowledged before me this
February_, 2008 by and--,---:-------
as and respectively, of
ROFAR REALTY COMPANY, INC., a New York corporation. They are personally known to me or have
produced as Identification and did not take an oath.
(SEAL)
5
ll30754v.4 09731-0013-000
Notary Public, State of:-:---
{Signature of Notary taking
Acknowledgement)
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
Commission Number
03/2112008

COUNTY OF-------
The foregoing Instrument was acknowledged before me this
February__, 2000 by
as and respectively, of
BENENSON CAPITAL COMPANY, a New York General Partnership. They are personally known to me
or have produced as identifiCation and did not take an oath.
(SEAL)
STATE OF Ne'tJ
COUNTY OF N(w '(ol\1'
Notary Public, State of __
{Signature of Notary taking
Acknowledgement)
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
Commission Number
. L The foregoin_g instrument was acknowledged before me this M A f.l
Febi'U&I'Y..!L 2008 by (, (Jli\Wtf :C: -":":---:---:-----'
as pGtr j t::-E;Q and respectively, of
ROFAR REALTY COMPANY, INC., a New York corporation. They are personally known to me or have
produced as identification and did not take an oath.
(SEAL)
5
ll30754v.3

Notary Public, State of New Y"R K.
(Signature of Notary taldna .ARD T H
kn t)
W ENDERSON
Ac owledgemen Notary rr//lc, C!r.'" of New York
31-47671\46
Ow in r,1rl1 Oovnty
Commf:<;slon Expirea Nov,
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
Commission Number
10/30/2007
i
j
.;
"
:j
STATE OF ft#LI'DA-
COUNTY OF "J?MM '&'Mtt
!UK The foregoln9 instrument was acknowledged before me this
F-ebR:JI:tfY.!L 2008 by ttfA!Ct. mv&,- and
as "'bJK!tnft.x and respectively, or
INNKEEPERS USA TRUST, a Maryland real estate investment trust, as general partner of INNKEEPERS
FINANCING PARTNERSHIP, L.P., on behalfofthe trust and limited partnership. They are pewmall,y
to me or have produced as Identification and did not take
an oath.
(SEAL)
STATE OF_ ELGtt.JI).i
COUNTY OF L &&c!l

Notary Publlc;staiOfFiorlda
(Signature of Notary taking
Acknowledgement)
?W. Upe "'C. L4e.tetN,.\
Name of Notary Typed,
Printed or Stamped
My Commission Expires: ,/ llf/ UlfJ
V\lt '2.'S"rf
Commission Number
fAitlf
The forgoing instrument was acknowledged before me this FebRJaPJg 2008, by
tv1@ Muc.Pttr and , as Sc'lp'fA'!X and
respectively, of GRAND PRIX WEST PALM BEACH LLC. a Delaware
limited liability company. They are known to me or have produced
-------------as identification and did nol take an oath.
(SEAL)
6
1 I30754v.3 09731 13-000
Notary Pubk:, State of Florida
(Signature of Notary taking
Acknowledgement)
Name of Notary Typed,
Printed or Stamped
My Commission Expires: u)tqJ,()
\lilt ''1"
Commission Number
10/30/2007
Exhibit 3
GUARANTY
THIS GUARANTY is made as of the 11 day of (t1 INNKEEPERS
USA TRUST, a Maryland real estate investment having an office at 340
Royal Poinciana Way, Suite 306, Palm Beach, Florida 33480, in favor of BENENSON
CAPITAL COMPANY U.C, a DehJware limited liability company having an office
at and ROFAR REALTY COMPANY, INC., a New York limited liability
company having an office at c/o Marx Realty & lmprovement Co., Inc. (collectively, "l&I!J.g_r"),
with respect to, in consideration of, and as inducement for, Lessor's entering into that certain
Consent to Assignment and Assumption of Ground Lease dated as of even date herewith
(''Consent to Assignment") with Innkeepers Financing Parlnl:nbip, L.P., as assignor
("Assignor"), and Grand Prix West Palm Beach LLC, as assignee regarding the
assignment of that certain Ground Lease dated February 16, 1985 (as such ground lease may be
amended, restated, supplemented, extended, renewed or otherwise modified ftom time to time,
the "Lease") between Lessor's predecessor-in-interest, as lessor, and Assignor's predecessor-in-
interest, as lessee, relating to the leasing of the real property and improvements located at 1505
Belvedere Road, West Palm Beach, Florida 33406 (the "Premises").
Guarantor represents and warrants to Lessor that Guarantor i8 the indirect parent of
Assignee and Guarantor will derive material benefits from Lessors decision to enter into the
Consent to Assignment with Assignor and Assignee and acknowledges that Lessor would not
have entered into the Consent to Assignment if Guarantor bad not executed and delivered this
Guaranty of Assignor's obligations under the Lease to Lessor concurrently with the execution
and delivery of the Consent to Assigmnent.
1. Guarantor hereby represents and warrants to Lessor as follows:
(a) Guarantor is a real estate investment trust. legally formed in the State of
Maryland. Guarantor has all requisite power, and has all governmental licenses, authorizations.
consents and approvals necessacy to own its assets and carry on its business substantially as now
being or as proposed to be conducted.
(b) The making and performance by Guarantor of this Gll8X8Dty does not and
will not result in a breach of: or require any consent under, any applicable law or regulation, or
any other order, writ, injunction or decree of any court or other governmental authority, or result
in the creation or Imposition of any lien upon any property of Guarantor. The execution, delivery
and performance by the Guarantor of this Guaranty do not and will not result in a breach o( or
require any consent under, any agreement, document or instrument to which Guarantor i8 a party
or by which Guarantor or its property is bound.
(c) Guarantor has all necessary power to make and perfoan its obligatiOilll
under this Guaranty and this Guaranty has been duly and validly executed and delivered by
Guarantor and constitutes its legal, valid and binding obligation, en.forcea'ble against Guarantor
in accordance with its terms, except as such ecforceability may be limited by (i) bankruptcy,
insolvency, reorganization, moratorium or similar laws of general applicability affecting the
enforcement of creditors' rights and (ii) the application of general principles of equity (regardless
of whether such enforceability is considered in a proceeding in equity or at Jaw).
(d) There are no conditions precedent to the effectiveness of this Guaranty
that have not been either satisfied or waived.
2. Guarantor hereby unconditionally and irrevocably guarantees to Lessor, its
successors and/or assigns (i) the full and prompt payment of all rent due under the Lease
("R!;nl"), including sums that would be due but for the operation of the automatic stay under
Section 362(a) of the Bankruptcy Code. 11 U.S.C. 362{a), ('u) the full and prompt performance
of all other obligations owed by Assignee pursuant to the Lease, and (fu) all amounts, damages,
costs and expenses arising from the holding over by Assignee (or any person or entity claiming
by, through or under Assignee) in the Premises (or any portion thereof) (the payment ofRent and
all other obligations referred to in clauses (i), ('d) and (iii) of this sentence are hereinafter referred
to as the "Obliwtions''). If Assignee shall fail to pay or perform any Obligation as required
pursuant to the terms of the Lease, then, irrespective of any defense or any right of credit
ll36344v2 09731 0013-oOO
or claim that Guarantor may have against Lessor, Guarantor sbalJ forthwith upon demand by
Lessor pay or perform such Obligation.
3. This Guaranty is absolute, unconditional and irrevocable. Notwithstanding (i) any
agreement or stipulation between Lessor, Assignor and Assignee or their respective successors or
assigns extending the time of performance or modifying any 9f the terms. covCIIllllts or
conditions contained in the Lease on the part of Assignee to be performed, (ii) lillY renewal or
extension of the Lease pursuant to an option granted in the Lease, (ill) any waiver by or failure of
Lessor to enforce any of the tenns, covenants or conditions contained in the Lease or any of the
temJS, covenants or conditions contained in any modifications t h e r e o ~ (iv) any assigmnent of the
Lease or any subletting of all or any part of the Premises. (v) any holdover by Assignee beyond
the term of the Lease, (vi) any consent, indulgence or other action, inaction or omission under or
in respect of the Lease, or (vii) any bankruptcy, insolvency, reorganization, ammgemem,
assignment for the benefit of creditors, receivership or trusteeship affecting Assignee or Lessor
or their respective successors or assigns whether or not notice thereof is given to Guarantor,
Guarantor shaJI continue to be liable under this Guaranty.
4. The liability of Guarantor under this Guaranty shall be an absolute. direct,
immediate and unconditional guaranty of payment and performance and not of collectibility, and
shall not be conditional or contingent upon the genuineness, validity, regularity or enforceability
of the Lease or other documents or instruments relating to the obligations hereby g1.ianlDteed or
the pwsuit by Lessor of any remedies Lessor may have.
5. Guarantor hereby waives (i) diligence, presentment, demand of payment aod
protest; (ii) all notices to Guarantor, Assignee or any other person (whether of nonpayment,
termination, acceptance of this Guaranty, dcfiwlt under the Lease or any other matters relating to
the Lease. the Premises or related matters, whether or not referred to herein, and including any
and all notices of the creation, renewal, extension, modification or accrual of any Obliptions
contained in the Lease) and (iii) all demands whatsoever. Guarantor agrees that its obligations
hereunder shall not be affected by any circumstances which might otherwise constitute a legal or
equitable discharge of a guarantor or surety.
6. No failure or delay on the part of Lessor in exercising any right, power or
privilege under this Guaranty shall operate as a waiver of or otherwise affect any such right,
power or privilege nor shall any single or partial exercise thereof preclude any other or further
exercise thereof or the exercise of any other right, power or privilege.
7. Any notice to or demand of Guarantor hereunder shall be delivenid by hand or
ovemight courier service, or mailed by certified or registered mail, to Guarantor at the address
set forth above, Attention: Mark A. Murphy or to such other address as Guarantor sball furnish in
writing to Lessor. Any such notice or demand shall be deemed to have been given on the date of
receipted delivery or refusal to accept delivery as provided herein or the date delivery is first
attempted but cannot be made due to a change of address of which no notice was given.
8. This Guaranty may be enforced by Lessor without the necessity at any time of
resorting to or exhausting any other security or collateml and without the necessity at any time of
having recourse to the remedy provisions of the Lease or otherwise, and Guarantor hereby .
waives the right to require Lessor to proceed against Assignee. to exercise i1s rights and remedies
under the Lease, or to pursue any other remedy or enforce any other right at law or in equity.
Nothing herein contained shall prevent Lessor from suing on the Lease or from exercising any
other rights available to it under the Lease, and the exercise of any of the aforesaid rights shall
not constitute a legal or equitable discharge of Guarantor. Guarantor understands that the
exercise by Lessor of certain rights and remedies contained in the Lease may affect or eliminate
Guarantor's right of subrogation against Assignee and that Guarantor :may therefore incur
partially or totally nonreimbursable liability hereunder; nevertheless Guarantor hereby authorizes
and empowers Lessor to exercise in its sole discretion, any rights and remedies, or any
combination thereof, which may then be available, it being the purpose and intent of Guarantor
that its obligations hereunder shall be absolute, independent and uncorulitional.
9. Whenever Guarantor sball make any payment to Lessor hereunder on account of
any liability hereunder, Guarantor shall notify Lessor in writing that such paym.c.ut is made under
this Guamnty for such purpose. It is understood that Lessor, without impairing this Guaranty,
1136344v2 09731 0013..()()()
2
may, subject to the terms of the Lease, apply payments from Assignee or from any reletting of
the Premises upon a defuult by Assignee, to any due and unpaid Rent or other charges or to such
other obligations owed by Assignee to Lessor pursuant to the Lease in such amounts and in such
order as Lessor, in its sole and absolute discretion, determines, provided that an.y amo1.mt so paid
and applied reduces the aggregate outstandmg liabilities of Assignee under the Lease by such
amount.
10. Until the Obligations shall have been Indefeasibly paid in full, Guarantor shall
withhold exercise of (a) any right of subrogation against Assignee, (b) any right of contn"bution
Guarantor may have against any other guarantor of the Obligations, (c) any right to enfurce any
remedy which Lessor now bas or may hereafter have against Assignee or (d) any benefit of, and
any right to participate in, any security now or hereafter held by Lessor under the Lease or
otherwise. GU8Ialltor further agrees that, to the extent the waiver of its rights of subrogation and
contribution as set forth herein is foiUld by a court of competent jurisdiction to be void or
voidable for any reason, any rights of subrogation Guarantor may have against Assignee or
against any collateral or security, and any rights of contribution Guarantor may have against any
such other guarantor, shall be junior and subordinate to any rights Lessor may have agajnst
Assignee, to all right, title and interest Lessor may have in any such collateral or security, and to
any rights Lessor may have against such other guarantor. Lessor may use, sell or dispose of any
item of collateral or security as it sees fit without regard to any subrogation rights Guarantor may
have, and upon any such <lisposition or sale any rights of subrogation Guarantor may have as the
result of the payment or performance of Assignee's obligations under the Lease shall terminate.
If any amount shall be paid to Guarantor on account of any such subrogation rights at any time
when all Obligations shall not have been paid in full, such amount shall be held in trust for
Lessor and shall forthwith be paid over to Lessor to be credited and applied against the
Obligations, whether matured or unmatured, in accordance with the terms of the Lease or any
applicable security agreement.
11. This Guaranty is a continuing guaranty and shall remain in effect until all of the
Obligations shall have been indefeasibly paid in full in accordance with the terms of the Lease
and Assignee shall have no further obligations under, pursuant to, or in connection with, the
Lease.
12. TWs Guaranty shall continue in full force and be binding upon Guarantor, its
successors and assigns.
13. This Guaranty shall inure to the benefit of Lessor and its successors and assigns
and to any mortgagee or beneficiary under a mortgage or deed of trust to which the Lease has
been assigned by Lessor, and their respective successors and assigns.
14. Guarantor agrees that it will, at any time and from time to time, within seven (7)
days following written request by Lessor, execute, acknowledge and deliver to Lessor or to such
persons as Lessor may direct, a statement certifying that this Guaranty is umnoclffi.ed and in full
force and effect (or if there have been modifications, that the same is in full foiCe and effect as
modified and stating such modifications). Guarantor agrees that such certificates may be relied
on by any person holding or proposing to acquire any direct or indirect interest in the Lease or
making a Joan to Lessor.
15. Guarantor shall pay all the reasonable attorneys' fees, charges and expenses and
all other costs and expenses which are incurred by or on behalf of Lessor in the enforcement of
this Guaranty whether or not a lawsuit or other proceediDg is commenced. Fees based on the
rates customarily paid by Lessor to its counsel shall be deemed to be reasonable for purposes of
this Guaranty.
16. All rights, duties, benefits, and privileges arising hereunder shall be construed
according to the internal laws of the State of New York without reference to its conflicts of laws
provisions.
17. Guarantor is not entitled to immunity from judicial proceedings and agrees that,
should Lessor or any of its successors or assigns bring any suit, action or proceeding in the States
of Florida or New York or any other jurisdiction to enf<m:e any obligation or liability of
Guarantor arising, directly or indirectly, out of or relating to this Guaranty, no immunity from
I I 36344v2 09731 00 13-()00
3
~ - - - - - - _____ ,.,.. --.:..--- __ _._ --4 . _:_.. ... - - ~ - - ; _
...... .:: ____ .... -:... .....
such suit, action or proceeding will be claimed by or on behalf of Guarantor.
18. Every provision of this Guaranty is intended to be severable. If any term or
provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall
not affect the validity of the remainder of this Guaranty.
19. (a) Guarantor acknowledges and agrees that any interest on any portion of the
Obligations which accrues after the commencement of any bankruptcy, reorganization or
insolvency proceeding of or against Assignee (or, if interest on any portion of the Obligations
ceases to accrue by operation of law by RlllllOD of the commencement of said proceeding, such
interest as would have accrued on such portion of the Obligations if said proceedings had not
been commenced) shall be included in the Obligutions because it is the intention of Guarantor
and Lessor that the Obligations which are guaranteed by Guarantor pursuant to this Guaranty
shall be determined without regard to any rule of law or order whkh may relieve Assignee of
any portion of such Obligations. Guarantor will permit any trustee in bankruptcy, receiver,
debtor in possession, assignee for the benefit of creditors or similar person to pay Lessor, or
allow the claim of Lessor in respect of, any such interest accruing after the date on which such
proceeding is commenced.
(b) In the event that all or any portion ofthe Obligations are paid by Assignee,
the obligations of Guarantor hereunder shall continue and remain in fuU force and effeot or be
reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded
or recovered directly or indirectly from Lessor as a preference, fraudulent transfer or otherwise,
and any such payments which are so rescinded or recovered shall constitute Obligations for all
purposes under this Guaranty.
20. Guarantor acknowledges and agrees that all disputes arising, directly or indirectly,
out of or relating to this Guaranty, and all actions to enforce this Guaranty, may be dealt with and
adjudica!ed in the courts of the States of New York or Florida or the Federal courts sitting in the
States of New York or Florida, as Lessor may elect; and hereby expressly and irrevocably
submits to the jurisdiction of such courts in any suit, action or proceeding arising. directly or
indirectly, out of or relating to this Guaranty. So far as is permitted under applicable law, this
consent to personal jurisdiction shall be self-operative and no further instrument or action, other
than service of process in a manner permitted by law or permitted herein, sball be necessary in
order to confer jurisdiction upon Guanmtor in any such court.
21. Provided that service of process is effected upon Guarantor in a Jl1llllDCl' permitted
by law or as otherwise permitted herein, Guarantor irrevocably waives, to the fullest extent
permitted by law, and agrees not to assert, by way ofmotion, as a defense or otherwise, (a) any
objection which it may have or may herea.ftet have to the laying of the venue of any such suit,
action or proceeding brought in such a court as is mentioned in the previous paragraph. (b) any
claim that any such suit, action or proceeding brought in such a court has been brought in an
inconvenient forum, or (c) any claim that it is not personally subject to the jurisdiction of the
above-named courts. Provided that service of process is effected upon Guarantor in a manner
permitted by law or as otherwise permitted herein, Guarantor agrees that final judgment (a
certified copy of which sball be conclusive evidence of the fact and amount of any indebtedness)
from which it has not appealed or may not appeal or further appeal in any such suit, action or
proceeding brought in such a court of competent jurisdiction shall be conclusive and binding
upon it and may, so far as is peanjtted under the applicable law, be enforced m the courts of any
state or any Federal court and in any other courts to the jmisdiction of which it is subject, by a
suit upon such judgment and that it will not assert any defense, counterclaim or set off in any
such suit upon such judgment.
22. Guarantor agrees to execute, deliver and file all such further instruments as may
be necessary under the laws of the States of New York or Florida in order to make effective, the
consent of Guarantor to the jurisdiction of the courts of the States of New York or Florida and
the Federal courts sitting in the States of New York or Florida and the other provisions of this
Guaranty.
23. Guarantor irrevocably consents to service of process in the manner provided for
delivery of notices in this Guaranty. Nothing in this Guaranty will affect the right of Lessor to
serve process in any other manner permitted by law. In addition, Guarantor hereby agrees that
1136344v2 09731 0013-000
4
............. ____ .... :. .. _h--- -- - _ .. _. - .. ....:..._.::.. __ ._. ---
service of process in any suit or proceeding brought in the state or courts in the States of
New York or Florida may be made upon David C. Wright, Esq. Hunton & Williams LLP,
Riverfront Plaza., East Tower 951 East Byrd Street, Richmond, Virginia 23219 or other similar
legal service organization in the States of New York of Florida acceptable to Lessor in
writing (the "Process Agenf') and Guarantor agrees that during the Term Guarantor shall retain
the Process Agent as its agent for service of process as afOresaid wtder this Guaranty. Guarantor
hereby irrevocably appoints the Process Agent its agent and true and lawful attorney-in-fact in its
name, place and stead, coupled with an interest, to accept such service of any process and agrees
that the failure of the Process Agent to give any notice of any such service or process to it shall
not impair or affect the validity of such service or of any judgment based thereon.
24 If Guarantor is more than one person. Guarantor's obligations are joint and
several and are independent of Assignee's obligations. A separate action may be brought or
against lillY Guarantor whether the action is brought or prosecuted against any other
Guarantor or Assjgnee, or all of them. or whether lillY other Guarantor or Assignee, or all of
them, are joined in the action.
25. Guarantor waives the benefit of any statute of limitations affecting Guarantor's
liability under this Guarllllty.
26. The obligation of Guarantor to make payment in U.S. Dollm (''I&ll.!u/ of any
Obligation due hereunder shall not be or satisfied by any tender, or any recovery
pursuant to any judgment, which is expressed in or converted into any currency other than
Dollars, except to the extent such tender or recovery shall result in the actual receipt by Lessor in
the United States of America of the full amount of DollBIS expressed to be payable in respect of
any such Obligation. The obligation of Guarantor to make payment in Dollars as aforesaid shall
be enforceable as an alternative or additional cause of IU;tion for the purpose of recovery in
Dollars of the amount, if any, by which such actual receipt shall fall short of the full amount of
Dollars expressed to be payable in respect of any such obligatiOD. and sball not be affected by
judgment being obtained for any other sums due under this Guaranty.
27. AS A FURTHER INDUCEMENT TO LESSOR TO ENTER INTO THE
LEASE AND IN CONSIDERATION THEREOF, GUARANTOR HEREBY WAIVES
TRIAL BY JURY AND THE RIGHT THERETO IN ANY ACflON OR PROCEEDING
OF ANY KIND OR NATURE, ARISING ON, UNDER OR BY REASON OF OR
RELATING TO, TillS GUARANTY OR ANY AGREEMENT COLLATERAL
HERETO.
28. Guarantor agrees, upon request from Lessor, to provide, from time to time within
thirty (30) days of such request, the most recently prepared financial statements for the
Guarantor as certified by Guarantor's Chief Financial Officer, except that if Guarantor engages a
certified public accountant to prepare financial statements in the regular course of its business,
Guarantor, Guarantor must produce those statements upon Lessor's request.
ll36344v2 09731 0013..000
5
... --....... ____ ._. - - ----------- ------ ----..--.. .. ....
IN WITNESS WHEREOF. GU8IIIlltor has oxecuted this Guaranty as of the date first
above written.
1136344v:Z 09731 0013-000
6

rnNKE>PERS
Name: kii.U-
Title: OllcAnlfllr
............... -------. ..:.--....:.....
State of )
) ss.:
)
. On the tJ day of 41 1\1' in the year before me, the
undersigned, a Notary Public in and for said State, personally appeared filA!!: MWI!tf ,
personalb: known to me or proved to me on the basis of satisfactory cvideoce to be the
whose name(-!t) is (IIRI) subscribed to the witlrln instrument and acknowledged to
me that belshe/te&y executed the same in hi.siiHirldMir CBpacity(icll ), and that by hislllerltlleir
on the instnunent, the individual(*) or the person upou. behalf of which the
individual(-&) acted, executed the instrument.
1136344v2 09731 0013-000
7
.-;_7""-........ . ------. ----; ..--.--.. ..... --

Notary Public
[Notarial Seal]
----.--- ..... -: """"':-'"--..-..... .... .
Exhibit 4
CLAIM AGAINST INNKEEPERS
FROM TO #OF QTRS QTRLY INCREASE RENT*
4/1/2011 5/31/2011 0.67 97,771.43 65,181
6/1/2011 6/30/2011 0.33 100,704.57 3% 33,568
7/1/2011 5/31/2012 3.67 100,704.57 369,249
6/1/2012 6/30/2012 0.33 103,725.71 3% 34,575
7/1/2012 5/31/2013 3.67 103,725.71 380,327
6/1/2013 6/30/2013 0.33 106,837.48 3% 35,612
7/1/2013 3/31/2014 3.00 106,837.48
I
320,512
I
I
1,239,026
RE TAX**
4/1/2011 12/31/2011 3 28,641.64 5%
I
85,925
1/1/2012 12/31/2012 41 3o,o73.72 1 5% 120,295
1/1/2013 12/31/2013 4 31,577.41 I 5% 126,310
I
1/1/2014 3/31/2014 1 33,156.28 5%
I
33,156
365,686
I
3 YRS RENT & RE TAXES
:
I 1,604,711
I
I
.
PRE-PETITION BALANCE . 32,115
.
- - - ~ - - - - - ~ - - -
BALANCE DUE i
1,636,826
i
-- -- ----------------- - - - - ~ - - - -
---- ----
--- -----------
*RENT IS INCREASED AT 3% EACH 6/1 ANNUALLY
- - - - - - - ~ - - - - - ---- - - - - - - - - - ~ - - - - - -
** RE TAX IS INCREASED AT 5% EACH 1/1 ANNUALLY
Exhibit 5
L.J: ... r.
. I

"'-CifJflf I i
Design Guidelines Detailed Assessment (CE-Preliminary)
Properly Number:
Property Name:
City/Statt::
10357
BW West Palm Bem:h Airport
Wc:st Palm Bem.:h. FL
rield Appmisal Date: 7/6109
Effective Date:
Design Consultant: !..Hemker
Design Keview Uate:
A..:companicd By:
John Wiseman. GM: Mark Quintero SE Dir ofOpcr/lslanJ Hosp: Marc Winer. VM
Rooms Evaluated:
I 16.11 S.I22.20).21.1.214.227 . 19321 . .:tl2 .. .. UU36 .. 146347.J-Ill
#of Rooms Ealuated: ,..,
Property have l::::le\aLOr'.' yes
Best Westem Design be l'ound on the Destgn page of myhestwestern.com.
Action Plan- Preliminary
Time Frame for Completion To Be Determined
Area Facilitv Item- I Itern-2 Action
I. Grounds Fcn..:ing D
L. S . ...... L ....
Update:
Design Consultant:
QA-Extcri<H. Tra,;h R.:dDumpsto..:r
D
Description
Update:
Design Consultant:
Property Number: 10357
Property Name: BW West Palm Bea.:h Airport
Area Facilitv ltem-1 ltem-2
3. Exterior Building Windows
Description
Eliminate the mini-blind!'. seen on the mainten:mce room window. Re
f'F&E Plan Review
Suhmittal Nm Re uired
Update:
Design Consullant:
4. Exterior Bllilding Walls
Description
Repaintln::pair stu..:cu finish on building exterior.
<Note: work in .......................... .
FF &I<: Plan Rt'view

Update:
Design Consultant:
Field Appraisal Date: 716/(Y.J
Design Consultant: L.Hcmker
/
I
Action
D
0
5. Public Areas Lohhy Accessnrics
D
Description
I) Relocate the cxisting brochure r<tck <tway from the main entry door.
2) Eliminate the plastic plants used in lobby (Note: Design recommends replacing with coordinating granite lcr..lge on
lop or wall area.)
31 Provide neumatic 1.vheels on ullluetwuc
1 FF &E Plan Review
Update;
Design Consultant:
(). Public Areas
Site Furniturc!Seating
0
Description 7
I l SIZE: Lobby area !area at entry ami from Lk;k.l i!> at 272sq n. A hotel with 135 rooms requires 800 fi lobbv
area.
135 seo.tling for Ill
FF&E --- .. -o;: -------
i Not __ '\--- ....... .
l . .
Update: \,
Design Consultant;
Page 2
Property Number: 10357
Property Name: BW West Palm Beach Airport
Area Fadlitv
7. Public Areas Lobby
Update:
Design Consultant:
Item- I Item-2
Lighting
Field Appmisal Date: 7/6/09
Design Consultant: L.Hemker
Action
0
8. Public Areas Coni Breakfast Area Furniture/Seating
0
Description
Provide scat in" for 20'k or total bec.l count of 135 (3ft senls are re uired. l
\\
Update:
Design Consultant:
9. Public Areas Coni Breakfast Area Signagc
0
Description
Replace uncoordinated "Breakfast Hours" sign.
Cl)nsislentthroughout propcny.
Signagt: to he high quality. decorutive. coordinate with decor of hotel. and
l SUBMITTAL REQUl RED ----------- _ ..... .

.. ._............. ....J
j
.. ..
! FF &E I Plan Review
Update:
Design Consultant:
10. QA-Public Areas Pub! ic Restroom:;
0
Description
. Rqxtir dml1tt!Cd finish on tloor>i ______ _,
I I "''mm . =
Update:
Design Consullant:
Page 3
Property Number: 10357
Property Name: BW West Palm Beach Airpon
Area Facilitt Item-1 ltem-2
11.
Description
I f'l''&E I Plan Review
l
Update:
Design Consultant:
12. Sup. Vending(lce Machine
Description
Eli rninate view of back of vending machlnes .
Note: ntllcd ttlCl far from wall
FF&E 1
Submittal_Not Required ----- No!_Required ----"-:==:=j
llpdate:
Design Ccmsulhmt:
Page 4
Reid Appraisal Date: 7/6109
Design Consultant: L.Hemker
Action
0
0
Property Number: 10357
Property Name: BW Wes1 Palm Beach Airpnrl
Field Appmisal Date: 7/6/09
Design Consultant: L.Hcmkcr
Area Facilitv ltem-1 Action
I :
0
f J
Description j
13. Sup. Facilities Center Facility Not Prov. ..., j
Provide a business center. Submit all FF&E Furniture and F.quipmcnu 1\.1 th we,,tem Department for
review and approval prior to implementation. Review the and Adde um fm specifkation
requirements.
I. SIZE: Provide a business .:enter in a dedicated an:a. A ut:sk locuted in the lobby not compliant.
2. FLOORING: Provide a quality flooring trcatrm:nl. which may include a minimum of a 32 01.. 1 OOCk nylon carpet over a
high density pad with a medium to large p<ittem a.nJior a quality commcn:ialnon-slip ceramic tile or appro\'cd hard
surface nooring with a minimum of a wet/dry 0.6 coellicicnt of frit:tiu1t.
3. WALL COVERING: Wall finishes may be vinyl wallcovcring. Type IL 20 ounce minimum A" and applied with an
adhesive with mildew inhibitors OR paimed drywall with a texture or smooth lin Ish.
4. WORKSURfACE; Provide a minirnum of a 4uality coordinated 3 -6" work surface per station.
5. ELECTRICAL: Provide duplex outleL.<> at the dt>sk areu and easily data ports nr high speed access near
the dclik area which are unused and readily Lll:cessible: one for each st:aL
6. EQUIPMENT: Ensure a fax machine and printer suppons the si;;:c of the pwperty.
7. SEATING: Provide desk seating that a 5 prong ba.-.;ed ergonomic tlesk chair. upholstery. fabric must be at least 30.000
double rub commacially rated material. Guest room yuality fumiture is not acceptable for use in the business center.
8. ARTWORK: If artwork is provided it must b.: quality artwork larger than guest mom artwork. The unwurk
must have quality double matting and be professionally framed to coordinate with the lobby's decor.
9. LIGHTING: Provide adequate task lighting: one for each seal.
10. SIGNAGE: Must be unirorm in type and size. professionally produced and consi)o.lent wirh the interior Hand
lellered signage. . .:'.!!!ns anu un rofe:.sional siuna,ge are
J<'I-'&E Plan Review
SUBMJTTAL"@QUTREff . --- -------
Update:
Design Consultant:
Page 5
Property Number: 10357
Property Name: BW We:;t Palm Beach Airport
Area Facilitv
Item- I
Fi!!ld Appraisal Date:
Design LHcmktr
Action
14. Sup. Facilities Exercise Room
Facility Not Prov. ( '1 \
. I
0
15.
Description
Provide a fitness room. Submit all FF&E (Fixtures. Furniture and Equipmem) to the Be.;t Western Design Department for
review and prior w implementation. Review the Guidelinl!s and current Addendum for comple-te spedlii:ation

I. FLOORING: Provide a minimum of J2 o...:. tight level loop nylnn carpet with n muhicolored pattem.
2. WALL COVERING: Wall finishes may be vinyl walkovcring. Type II. 20 ounce minimum /\"and applied with an
adhesive with mildew inhibitors OR painted drywall with a texture or finish.
3. MIRRORED WALL: Emure one full wall is mim>red to ceiling.
-l-. ENTRY DOOR: Ensute the main entry door to have a minimum of half glass OR view window.
5. CEIUNG: Provide u minimum of a :r x 2' ceiling tile with decorative or reveaktl edge and matching grid OR
painted drywall with textured or smooth 11nbh.
6. LIGHTING: Provide a minimum of 30 t(x\t <.:andlcs. recessed tixturc with white acrylic diffuser- only 2 :-. 2'
llxtures OR surface mounted fixtures with de..:orative
7. EQUIPMENT: In a property with i51-200 gw::sl a minimum of four of exercise equipment is needed: one
treadmill. one upright or recumbent cycle. lme elliptical trainer or eli mber and strength stations.)
g_ ACCESSORIES: The lollowing must be provided: 25" television. wall mounted clock. one phone.
towel/robe hooks on the wall at a height of 6 -0". towds. covered towd hamper. and water. Review the guidelines fnr
complete spedfication rctJuiremcms.
!). ARTWORK: Ir artwork IS provided it must he quality wtm.linated artwork than guest room an work. artworJ...
must have quality double matting and be professionally framed w coordinate with the decor. NOTE: Equipment
must be profesionally framed.
10. SIGNAGE: Must be unirorm in type and si1.c. pwkssionally produced and consistent with the interior finishes. Hand
lettered signagc. taped or pinned signs am.l unprofessional signage are not acceptable.
I I. WINDOW TREATMENT: If the windows are not architecturally significant or the view is not provide decomtivc
window treatments. as draperio;-s. wood or other quality treatment which coordinates with the properties decor.
NOTE: Metal or plastic vertical blinds or mini-blinds are not u'ceptuble.
Update:
l>esign Consultant:
0
Description
lipdate:
Design Consultant:
Page 6
Property Number: 10357
Property Name: BW West Palm Beach Airport
Area FacUitv Item- I
16.
Description
__ _
Update:
Design ConsulumL:
17. QA-Sup. Facilities Swimming Pool
Description
Replace I repair the damaged pool fumtiturc.
re material .....
Submittal i Not
Update:
Design Consultant:
18. Sup. Swimming Pool
Description
Field Appraisal DaLe: 7/6/09
Design Consultant: L.Hemker
Action
0

0
Furniture/Sealing
0
Ensure the required seating provided. Hotels with 101-:::!00 rooms require l tables with chair:-. chaise
Note: GM state" that chairs were removed to he repaired and that lhcv do have the required number or chan;e lounges.
f - -. ...

I -
Update:
Design Consultant:
19. Sup. Grounds Signage
0
Description
Replace uncoordinated Pool and Way Finding signuge. Signage to be high quality. de..:orati\e. coordinate with de..:or of hotd.
and consistenttht\)llghout pmpertv.
Design Consultant:
Page 7
Property Number: I 0357
Property Name: BW West Palm Bc:.u:h 1\irpon
Field Appraisal Date: 7/Ml9
Design Consultant: L.Hcmker
Area Facility Item- I Action
20. Guest Area Guest Room!-.-Stand Lighting 0
Description \ " /
LIGHTING: the powde.r coated lighting .as in rooms. an updyr_ quality coordinated
package. Ensure hghts are prov1dcd at all rcqmred locations. Provtde table Mr<!d fixture'S. 11oor
lam s are ucce table where a ro riatc. NOTE: Wall moumcd with cord covers do nut comply.
I FF&E Plan Review 1
SUBMITTAL REQUIRED _________ NotRe uired 1
lJpdale:
Design Consultant:
2 I. Guest Area Guest RoornsStand Sort Goods
0
Description
BED HEIGHT: Bed were measured and are not consi,;tent. The overall ""Bed Height .. must meet 25" minimum. I
and Box Spring) thickness to bt: nr tone topper may be used to achieve I" of this minimum), Bed sets J
must be from the appi'Oved vendor list ONLY: propo$ed nlternates must he rcvilwcd by Design.
BEDCOYERING: Rcplacc the nun-compliant bedspreadl-. Pmvide a new soft goud packa,;:e or bedcovedngs which
1
coordinates with the new
a) The bedcoverings to be a minimum of 100<;-l- polyester. 7.5 01..wt or greater basi.! cloth J;4throw non-quilted
coverlet "'turn down" look. be washable. the fabric must cover the bed skirt by a minimum of I". Bed skins arc required
on all beds. styles may vary; they must dear the !lour by no mnrc than 1". Bed skirts must coordinate with the ovcmll design
of the bed covering. The blanket shall he lkccc or cotton.
h) An alternate to the ubove option is u Shcel Duvet with a duvet insert with a minimum 4 l.l/ fill can be the only bed
covering nver a T200 <Thread 200) or higher fitted hollom . .;heeL The dU\et shall be 1007f polyester top and a
minimum 3()<'4:- conun on the bottom. The sheeted duvet must be sized with a drop tu exceed 1he depth or the by at
leaM one inch. A coordinating decorative scarf can be added an accent.
cJ Triple Sheeting (with a complying blanket between two top sheetsl. with a bed scarf thut c<Jordinatcs with the bed sk.irl.
T<Jp shccltn he in a ..:ourdinating ..:olor or havc pipiug or atone un stripe.
Update:
Design Consultant:
22. Guest Area Guest Rooms-St:Jntl
Ttvision
0
D
. . I
escr1ptJon 1
TELEVISION: Repla..:e the tek,ision as seen in nxHns all rou'lS and and provide a .12" 1ninirnum LCD
or plasma llat pant:! v..ilh HDMI and \iGA ,\clear signal. no blank ch:uit)eb anD full mute function arc required. If
"Video on Demand" is provided. then dear and .;LlSts are Commercial is rccummcoucd
_lc:argc:! _rC<Jl]ired di,wm:e.
FF &E : Ptan Review i
. _ ___ - ---
Update:
Design Consultant:
Page 8
Property Number: I 0357
Property Name: BW West Palm Beach Aitpo11
Area Fad lit! Item- I Item-2
Field Appraisal Date: 7/6/09
Design Consultant: L.Hcmkcr
Action
23. Guest Area Guest Rooms-Stand
1
;
Description l
1
D
24.
REFRIGERATOR: A refrigerator reqt1ired in all guest rooms. Pro" ide a har either built-in or
enclosed in a quality CU{lfOinated cabinet to match the case goods. Uncoordinated refrigcrator/microwa\'e comhinalions or
wood toned refrigerators must be endo:-.ed behind cabinet
Note: Remove the seen laced on the,Juggagc benche!'.
FF&E Plan Review
SUBMITTAL REQUIRED
Update:
Design Consultant:
j
Guest Area Guest Rooms-Stand C',
Description i
ll DESKS: Work desks ure undersized at 22 x 44. Prov1de a min. 1 x 48 work dt.!l>k
furniturc/Scatlllg
D
2) SEATING: Replace the worn and green lounge chairs seen in room #.:105 am.l all similar.
Jl HEADBOARDS: Some headboards are either mounted too high. or mattress is too low. seen in rooms #321. 316 and all
others similar. Ensure thai the bottom of the headboard is mounted level with the top of the mattress (and that mattress height
is minimum 25". as staled abow in item# 21
FF &E --- I Plan Re\ie;: j
... AL REQUIRED __ Required
Update:
Design Consultant:
25. QA-Guesl Area Guest Windo\\s Flooring
0
Description
Rc <tir all fravetl <.:ar et seen bathroom thresholds.
i FF &E
Required
lipdate:
Design Consultant:
Page 9
Property Number: 10357
Properly Name: BW West Palm Beach ,\irport
Area Facility Item- I ltem-2
26,
Description

Update:
Design Consultant:
27. Guct>t Area Bath/Vanity Counter
Description
Replace the cultured marble vanity and wood picture framed vanity fronts ..
Field Appraisal Date: 7/M'rQ
Design Consultant: L.Hemkcr
Action
0
0
1 1 COUNTER: Provide a quality granite vanity with a minimum of a 7" upron and.+" backsplash with an undcrmount
sink OR approved equal.
2) VANITY CABINET: If a cabinet provided. it must he a new quality coordinated stylt: cabinet OR a "furniture style"
vanity with towel shelves OR approved
Update:
Design Consultant:
28. QA-Gucst Area Bath/Vanity
Counter
0
Description
Re Jair cracked and chi> 'd caulking seen at \ani tic;; (where counters meet wood fronts. 1
1
FF &E . Plan Re,iew I
Update:
Design Consultant:
29. QA-Guesl Area Bath/Vanity
Ceiling
0
Description
Elirninale all rust:;een on n:ilinll l!ric.J. used with li!!iltine. over vanitv area.
[ff&E 1 Plan --------,
I Not Required
Update:
Design Consultant:
Page 10
Property Number: 10357
Property Name: BW West Pulm Beach Airport
Area Facilitv
30. Guest Area BathNanity
Update:
Design ConsuJtant:
31. Guest Area BathNanity
Description
Jtem-1 Item-2
Field Appraisal Date: 7/M'H
Design Consultant: L.Hemker
Action
Plumbing Fixtures
0
Mirror
0
Replace non-compliant mirrored frame. seen in rooms# 321. 334. 336 and all others similar. with quality decorative frame
which coordinates with interior scheme.
l FF &E . ---- c.;.;;..:....... l.,... PP-lJa_n_R-ev-i-ew-
i SUBMITTAL =r ... . :..:.. .... -.. ------
Update:
Design Consultant:
32.
0
Description
I FF&E

i Plan Review
--;
Update:
Design Consultant:
3;1.
0
Description
!-i .;;..F.;..F.,;;..&;.;;E.;;,.___________ -+I.?Ian Re"iew
llpdate:
Design Consultant:
Page 11
Property Number: 10357
Property Name: BW West Palm Beach Airport
Location: airporll off 1-95
Reoort Comments
Field Appmisal Date: 7/6/09
Oe:;;ign Consultant: L.Hemker
Guest Mix: 55% Leisure. 30% business/transientlcorporate.J5% groups (church.rcunions)
Competition: BW Palm Beach Lakes (5milcs).La Quinta. Days lnn
Heating/Cooling: Through the wall PT AC
Arch. Style/Finish: 3 story stucco with elevator
Renovation Plans: Has addressed QA issues. cmTently recaulking vanities
IZJ Swimming Pool IZJ Porte Cochere
[8'] Continental Breakfast
0 Restaurant 0 Exercise Room 0 Meeting Rooms
Number of Calls requiring FF &E submittals: 13
General Comments
This property has lush. mature landscaping throughout the site. Walkways have been repainted and ure
in very good condition.
The property has completely refinished the parking lot and replaced/repainted all CLirbs and curb stops.
They have replaced all lamp shades. regrouted all bathroom wall and floor tiles, and replaced damaged
chrome in tubs and sinks noted in last QA inspection.
The lobby is 2 levels with the breakfast seating and lobby seating in the lower level area. It is very
tight and it will be difficult to accomodate the additional breakfast seating required and sofl lobby
seating required.
All the guest rooms do not have closets but wardrobes are provided. The rooms are a bit crowded
with the existing furniture and the addition of a larger desk or appliance cabinet will create more of a
space issue.
Page 12
Property Number: 10357
Property Name: BW West Palm Beach Airport
Recommendations:
Field Appraisal Date: 7/6/09
Design Consultant: L.Hemker
Board/Review Committee Decisions
Page I :i
\v w-
Item
............................ lJ!'it Cost ---------
1 Remove/hide chain link fence.
..... .
2 Replace .. ..
3 shop ...
..... _
Relocate brochure rack
Increase Lobby size to comply with standard.
l . .................................. .
Replace pendant light fixture in lobby
. -
Additional
Sinage (pool,lobby,etc.)
. . . . ......... _. __ .......
10 Repair restroom doors
--.. ..... , """'"'''. ----
11
12 Move vending machines against wall
.
Modify business center
center ...
17 Damaged pool furniture
18 . Increase pool furniture
'-""""""'"""""""'"""""'""'"''"""""'"
19 See Poo/lobby signage
20 light over __
21 Mattress & Box Springs (Kings)
21
21
22
Mattress & Box Springs (Queens)
4 .. '""" '- "" V
Bedding
...........................
32" LCD TV's & security base
225
47
100
185
135
$200,000
$2,500
--
$250
.
$200
...
t<
Cn tM.e tet e.
_ ...
??
- ....
?
ProJJerty responsibility
.. _l.. ___ -......
$35,000
....... .. .. .. .....
??
,. ... _.._, .. --
??
............
;Jroperty responsibility
-?';r ............ ... . . ----------- ---.. ..
-17----
$65 $14,625
$514 $24:158- ..
----w ""' , "'"""""""""''...,_..
$354 $35,400
""""""'""""' """""""
..... $160____ $29,600 "{
738 $99,630 .
1
, \>. t.. i .. _, . .,; . :Siiu't:s:. .. ..:H:..oc;;;;;;;;ll'-'i>'>"i.ftt.
\j- y .
1
HVV\10 <:lv ()
1,;:;;>.o\ HilS. .AAAC<'.v-\ LOa.,.{
\.U yc .( I
0
J
\Suo
23
23
24
24
25
26
27
-
27
Refrigerator Stand
- , .. ________ '"''
Refrigerators
Lounge Chair
.... .-....... ._..
Desk
.
_vanity (includes ......
Vanity!_<?PS (includes labor & ..
28 Caulk vanities
---

..
Mirrors !includes labor)
Total Cost
135 $275 $37,125
..._ ...............,.... ,,
$150 $16,500 110
81
135
135
.... 2>_\ _____ .. :... __ _
$332 $44,820
,_, ' ' "''''m
' ............ -.... .
?
135 $450 $60,750
135
s4so _______ S6o,7sa----
$25 - $3,37!?,_

135 $112 $15,120
--- .. --- .. '----!
. ' l:,
1 ;pv. r \ . { .I.

', \ (}1\Q
\ \f.)) \ \)Q}i
0 "I) ,. {')
'1" .rl.l"'
'-' \ \j"'
\ /
rLfv> .
\,("""

1-\J .'s-
Exhibit 6
ENGINEERING GROUP, INC.
BEST WESTERN WEST
1505 BELVEDERE RdAD
WEST PALM BEACH, FLORIDA'38406
:
MARX Company, Inc.
708 3n
1
Avenue, 21st Floor
New y()fk, New York 10017
Prepared by:
PENTA Engineering Group, Inc.
4000 Miller Court West
Norcross, Georgia 30071
PENTA Project No. 11-1-1082
June 2011
ENGINEERING GROUP, INC.
June 14, 2011
Mr. Claude T. Chandonnet
President and Chief Executive Officer
MARX Realty & Improvement Company, Inc.
708 3rd Avenue, 21st Floor
New York, New York 10017
.. ..
Subject: REPORT OF PROPERTY CONDITIONA,SSESSMENT
Best Western West Palm Beach Airport
1505 Belvedere Road
West Palm
Penta Project
i.-;/,: ..:-?:;_:_. . ,
PENT A Engineering Group, kc. is to this report of our Prope1ty
Condition Assessment for the These services were provided in
accordance with PENTA Proposal Nufliper dated February 18,2011 authorized
by MARX Realty & Improvement Compat].y;fnc. (MARX) on February 25, 2011.
:. :
This report has been prep<,1red on behalf exclusively for the use of MARX and their
successors :md assigns upon written agreement between PENTA and MARX.
We appreciate the opp()rtunity ro work witl1 you on this project and trust the contents of this
report are satisfactory. We would be pleased to discuss our findings and conclusions with you.
If you have any questions, please do not hesitate to contact us.
Sin9erely,
PENTA Engineering Group, Inc.
T.J. Treadwell, PE (GA)
Project Engineer
Christopher M. Everett, PE (GA)
Principal Engineer
4000 Miller Court West
Norcross, Georgia
30071
Phone: 678-282-1 999
Fax: 678-282-1 993
www.pentaeng.com
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June2011
TABLE OF CONTENTS
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Pagei
I. EXECUTIVE SUMMARY ................................................................. ;0tii"
A. GENERAL DESCRIPTION A.I'ID CONDITION.................................. .. l
II. PU'RPOSE AND SCOPE ............................................................ ,! :
A. PURPOSE .................................................................................
B. SCOPE .........................................................................
III. DESCRIPTION AND CONDITION ........................... -..:; ............... -................................. 9
;: .
B.l Utilities, Parking, Roadways, & Public Amenities ...................... ::(/:.f:Y
B.2 Landscaping, Lighting, W_q/fs ...................................... ..
........ : ...........................
C. I 0 Special Electrical, f'e.!ceclifnmunications.). ........................................................ 3 2
Intrusion, Mold!.1VJicrobial ....................................................................... 33
. Eqi1tul!lent, Special Cantruction ....................................................................... 33
_ ._: 'n; BuiLDING kliEA AND EGREss . 33
- ; . . .
' _._,_. E. ADA AND E.flAA ............................................................................................................. 34
.. .. >]J.l Act (ADA) ............................................................ 34
E:2. lfi}itiioustntAmendhients Act (FHAA) ......................................................... 3 7
F. PROJECTS OR PROGRAMS ............................................................................. 37
G. EN'VlR,oNMENTAL CoNCERNS ....................................................................................... 37
'lV. ADDITIOJNAL CONSIDERATIONS ............................................................................. 38
.. : -... -A. W ARRA.Ntllis ANb GUARANTEES .................................................................................. 38
B. CERTIFicA.tlis:oF OccUPANCY .................................................................................... 38
V. ..................................................................................... 39
VI. COST ANALYSIS ............................................................................................................. 40
VII. RE.PORT QUALIFICATIONS ........................................................................................ 44
APPENDICES
APPENDIX A
APPENDIXB
APPENDIX C
PHOTOGRAPHS
SITE LOCATION MAPS
DOCUMENTS
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
I. EXECUTIVE SUMMARY
A. GENERAL DESCRIPTION AND CONDITION
1.1 Property Description
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 1
The subject property is located at 1505 Belvedere Road in W, and incl " ....
a single, three-story hotel building. The subject buil tructed in 1986, enclos .. .
approximately 52,014 square feet, and includes 134 rooms. The building is located

rectangularly shaped tract of land containing apprQ.:. ately 3.2J;,acres. The property is
with a restaurant on the southern portion of adjace'"":.c Belvedere Road that is not
included in this assessment. The property is ,,,.r,ate slopes toward on-site
drainage features. The subject building is situated on portion of the site. The surface
parking lot is provided with 120 parking spaces. Remai
1
site areas are paved walkways,
landscaped grounds, swimming pool, and a trash disposal out-b is provided by
a driveway entrance on located south ofthe propef;!\::,
' ' t ', .
The property is located between A venue and
properties to the west an&f';Mercer,z'f\venue to the east. us Interstate 95 lies
approximately Yz-mile east of International Airport lies
approximately Yz-mile southwest of[}he prpperty. The:?]irbperty is zoned "AC - Airport
Commercial" and has a "SIZ/C - Spedt'Un1plict Zone Corriillercial" future land use designation.
The site is similar commel'c\al developments.
;.;,:,c -:-,--:'. ..
The was in 1986. f}pors are labeled 1 through 3 with a single story
including a}clearstory on the)ol.ithern portion of the building. Parking for the
bu ....i .. ldib.g.'...is ....... distributed. aa .. ..ac .....e ... n.t .. t .. o.. th ..e n. o .... rthern, eastern, and western portions of the building.
iridtide cast-in-place concrete spread footings with integral floor
slabs. Exterior wallS at the subject building reportedly include a cast-in-place concrete structure
.. ... with metal exterior walls between floor levels. Windows are single paned aluminum
do notthat contain high impact glazing. The interior framing system in the original
building consists of reinfonoed concrete system supp01ied by reinforced concrete columns and
beams with a concrete ro()f deck. The low-sloped roof area is covered with a single-ply, PVC
membraneipofing system installed over the original built-up roofing system. The p01i cochere at
the lobby eritl'ance area is provided with a gravel-surfaced, built-up roofing system. Typical roof
areas are provided with a galvanized steel framed, sloped screen wall along the perimeter that is
provided with a metal roofing system. Interior finishes consist of painted and stippled concrete
ceilings, gypsum board walls, and a mixture of carpet and tile flooring. Interior lighting includes
.fluorescent and incandescent fixtures.
immediately surrounding the subject building include the surface parking on the north, east
arid west portions of the site, an entrance drive on the southwest portion of the site, a drop off
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTAProjectNo. ll-1-1082
area south of the building, swimming pool northeast of the building, and a
the north east corner of the property. The building is not provided with a
subject building is provided with well-maintained landscaping, native
irrigation system. The northern portion of the site is located within
(Zone A9) and the southern portion of the site is located outside
C). The site appears to be well drained.
Vertical transportation for the building is provided by a sin
guest room area. The building does not contain escalator
Domestic water is provided by the City of West Pal
storm sewer services are connected to the City o
water piping is copper. The sanitary piping is an
Page2
Domestic
The HV AC systems for the building consist of split system for leasing areas, laundry room,
and server rooms and individual, packaged, through-wall guest t;QQms. The leasing,
laundry, and server areas are with approximately cqJ].'l:bfhed cooling. Each
area is heated with electric within the air-handler' ,"';g'guest rooms are each
provided with a 9,600-BTH.Jl]lYlljWall HVAC systy __ at the building provides a
total combined cooling caphEity ?Iff:' _in an averaggcooling system capacity of
approximately 443-square feet per to:- .
Florida Power and Light provides to building via a utility owned, pad-
mounted The electric senhq$ provides approximately 1 0.0-watts per gross square
foot of building. -.. ,
The building cotitains a fire pump riser that serves a wet pipe sprinkler system
through utiJitY rooms and a firen1an's hose connect on the first floor. The building is
With haniwired smoked detec:>tors and strobe/horn assemblies in common areas and
smoke detettbts in the hotel rooms. The building is also continuously monitored by an automatic
fire alarm
-, ";.,. .,
provided information, the building encloses approximately 52,014 square feet. Based
on our observations, the reported building area appears to be reasonable.
The buildirl.gds managed and maintained by Island Hospitality Management and their facility
personnel. Dpring our site visit, we were escorted by the building engineer, Mr. Michael Riffle.
1.2 Pr.Qp'erty Condition and Appearance
The site drainage, sidewalks and landscaping were observed to be in good condition. Repairs to
isolated areas of sidewalk are anticipated.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENTA Engineering Group, Inc.
PENT A Project No. 11-1-1082
Site paving primarily consists of cast-in-place concrete. The pavements appear.
good condition. Based on the age and condition of the concrete pavements,
anticipated during the evaluation term. However, sealing/striping .
anticipated during the evaluation term.
The building structural systems appeared to be in generally good condition,
Page3
e
settlement was observed. ''"' ', ,
Exterior walls at the subject building include metal 'lilt fra.:;;,'with plywood
insulation board, and a textured, synthetic coating. and elevated walkway
extend over the building fayade protecting it from... exterior walls are in g'd'b'Ci
condition with the exception of several areas .... d to rep6'''';' leaking HVAC condensate
drains inside the exterior walls. Repairs to the 'walls''l)'q:Yld .. after the condensate
drains are repaired. Glazed aluminum walls are area and breakfast area.
The walls appear to be in good condition. No evidence of ' . , e intrusion was noted on from
the exterior wall system. Exterior painting appears to be it1<{ijx conditigp,c?and repainting is
anticipated during the evaluation t@.
... ',,_ , ..
The low-sloped roof area '"' PVC membrJi system over the
original built-up roofing sy$tin. to.'"\ . file with City of West Palm Beach,
-: _,: _,__,_ ., -<-:
we assume that the PVC roof was in areas were reported and noted
on the roof and guest rooms were one

Significant leak repairs are


anticipated in the immediate tetm. PVC roof:rl1g systems typically have a useful life
of 10- to on the 0- to 15-year service life of the roofing system, roof
system is during the term. Water staining was also noted
on the wall in areas with flashing. The staining appears to be
due. to'water flowing frbin the sloped, screen wall directing water to the roofs
Additional the fuliher'ght of the screen wall is recommended during roof
repiacemerit. >>
One area of original gravel-surfaced, built-up roofing was noted serving the entrance canopy.
The area was notc::f.eadily observable, but flashings for the roof were in poor condition and
replacement is anticipated in the evaluation term.
Vertical the building is provided by a single hydraulic elevator. The elevator is
in fair conditipn. Controls replacement and platform repairs are anticipated in the near term.
Overall, the plumbing systems were reported and observed to be in good condition. Boiler
system replacements are anticipated dming the evaluation term.
The subject building contains a fire sprinkler riser and a wet pipe sprinkler system, which serves
utilitY rooms, guest rooms, common areas, offices, and fireman hose connect systems. A fire
hose connect is located in the common walkway adjacent to the fire riser room. We noted
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
several sprinkler pipe mains in the original building that were provided with g
No problems were noted or reported.
The HV AC systems for the common building areas consist of split .. ,
entrance lobby and adjacent office spaces, the laundry area, and the s '' room.
rated capacity of the split system units is 9.5-tons. Heating is typically N:ided in the
areas by electric resistance heaters in the fan/coil units. Th. - st roo ::;are provide
Page4
individual, through-wall heat pumps with capacities of he split system units w
manufactured in 2002, 2008, and 2010. The guest roo vary in age and
reportedly replaced at a rate of approximately 12-units,. ,.,.. ear.
Overall, the electrical systems are considered condt{!_qn and provide an adequate
supply of power to meet the building's needs. should be conducted to
help identify potential problems with the electrical itio;{ 'of lightning protection is
recommended at the building roof. Exterior receptacles we ot provided with indications of
GFCI overcurrent protection and replacement is recommended. .. ,, :;;?_
--.r:::,
The building is provided with fire alarm controller. is reportedly fully
addressable. The . .e alarm controller years. The control
panel appears original to .. and replac anticipatedearly in the evaluation term.
The fire alarm dialer appears to be itt(gqod conditi
' . !;::-:.;::;

The building and an ADA report on were and several items were noted not
in Items iil,lude parking, accessible route, access to telephones,
signage, p_yBii2 'iestrobfus, and unit inietiprs. Furniture and movable equipment were not

review. '';'; < ',


the Jq )?e ,_.in overair good condition. Several systems will require
period to continue functioning as intended. It is our
opinion that can continue 'its present use for an additional 20 years if the repairs and
. . ... . replacements rbc()ilunended in this report are made, the physical improvements receive continuing
.. . and components and/or systems are replaced or repaired on a timely basis.
1.3 . > 1reas of Significant Risl<
Significant geflciencies or defen-ed maintenance issues identified include the site entrance slope,
the dumpster enclosure stmcture, HV AC condensate leaking, and ADA issues.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
1.4 Opinions of Probable Costs
Immediate Work
Current/Deferred Maintenance
Items Over 8 Year Term)
CuiTent/Deferred Maintenance
Items Plus Immediate Work
Uninflated
$21,800
$458,740
$513,444
PENT A Engineering Group, Inc.
PENT A Project No. I 1-1-1082
Page 5
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 6
II. PURPOSE AND SCOPE
A. PURPOSE
'
This Physical Condition Assessment was performed to document the ex1 . site, buil and
building systems and determine their general condition, emp ing d
items that are expected to require work during the ten-year ,JJ."'period considered
property. We understand the work was requested to assi " ARX fmancial . :ji'
regarding the property. .' /f.'
The scope of work for our physical condition assessmert erformed in accordance with
PENTA Proposal Number P11-1-1070R01 dated authorized by MARX on
February 25, 2011. Our services included the review of and documents
relating to the property, interview..,gfindividuals knowledgeable a visual survey
of the facility, and
PENTA's field services J,,,ed ,_,3, 2010 by Y:J. Treadwell, PE (GA) and
reviewed by Christopher M. PE (G o Georgia office. These
individuals are knowledgeable prof''& o have experience in providing
engineering evaluations and completin ""ftal conditio:rf;'lissessments of office buildings.
dUppg preparation 6fJ.Jlis report included:
+-<;-,;.'' .:...-_ -j
"'f-l,fi ;, .,.
civif
Structural
Architectural
ALTA Survey
lt}lrll'gh 7 of 7
Prepared by: Team Architecture, Inc.
Dated: June 11, 1985
S-1 tluough S-6
Prepared by: Team Architecture, Inc.
Dated: October 4, 1985
A-1, A-2, A-4 through A-18
Prepared by: Team Architecture, Inc.
Dated: December 22, 1985
Site Survey (No Title, Not anAL TA Survey)
Prepared by: James E Neuhaus, Inc.
Dated: June 23, 1989
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENT A Project No. 11-1-1082
Page 7
Mechanical and Plumbing M-2 through M-7
Prepared by: Team Architecture, Inc.
Dated: November 20, 1985
Electrical E-2 through E-8
Elevator
Landscaping
Specifications
Engineering Reports
Geotechnical
Roof Reports
Area
.-";t:.
..
<->"
,Prgpe1iy Conditiori;Repmi
. . ! -... :_ .. .
Exterior Cladding Repi:ni
. . .
. ... .
Seismij PML Report
Flood Z()IJ:e Map
Prepared by: Team Architec
Dated: February 3, 198qc
3"
L-1
None provided for review.
for review.
None review.
,\-::/' ... .;::.::''
ADA Report
By: ADA Compliance Specialists, Inc.
Date: December 16, 2010
None provided for review.
None provided for review.
Not applicable.
Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map (FIRM) Community Panel No.
1202290020B, effective March 1, 1979.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 8
Seismic Map Figure 16-2 - Seismic Zone Map of the Unite,
contained in the 1997 Edition of the Unifo
(UBC).
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-l-1 082
Page 9
III. PROPERTY DESCRIPTION, CONDITION, AND RECOMME
Introduction
The following report sections present a summary of the building and s1 .. stems obse our
opinion of their general condition, and our recommendations . and Future , , rk
that we expect to be required over the ten-year evaluation peift'llf't"6\jdered for this assessm
Photographs in Appendix A document the general '''condit1B':hs and specific proble
observed.
Work that we consider nmmal maintenance for,;ill 'i::rpperty, exterior cleaning, interior
cleaning, lamp/bulb replacement, normal mechanit5'hl nance pavement repairs,
and routine work nmmally petfonned by the on-site . ' sta:ff"is not considered in this
assessment. Items or services expected to cost less than $50 .... not been included in this report.
In addition, our opinions of cost are generally rounded nearet;; $100 increment.
Recommendations are included end of each report section. ... e Jteifi''Numbers for each
recommended work item Numbers in the Cost table in Section VII.
.,, "," _. -.- - '' -.:_
-'-'i:.-"):'' c:
Recommended work as or Work. Immediate Work
includes items considered building d(mre life safety concerns,
and deferred maintenance items and thagTii our be considered immediately.
All other items are considered Future W' 6tlS; . .
A.
_..: ... (.. . ..
Isiand Hospitality .tv:Ianagement currently manages and maintains the facility.
We were escorted by the building engineer, Mr. Michael Riffle.
Individuals interviewed or providing information used in preparing this
report were:
.. ..
Individual Role Company/Organization
Jackie Edman Property Manager
Island Hospitality
Management
Michael Riffle Building Engineer
Island Hospitality
Management
Amy Stelly Planner
City of West Palm Beach
Zoning Depattment
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENT A Project No. I l-l-1 082
Page 10
Zoning:
Codes:
Code Violations:
Luis Martinez
Beth Carman
Mr. Riffle has
approximately two
interviews or from the uv-uu.!<;;!JILo:.
observations revealed conflicting
According to information provided from . .
the subject property "' ,.,,.,.,,.
..
zoned "AC -
Impact Zone
A copy of of Part II - Code of Ordinances,
Chapter 94, seaf<>n .!4-J;::._ Airport District and Section 486-
... Specific poft!on of the City of West Palm Beach
: Qqde of Ordinances including off-street parking requirements are included
inJ\.ppendix D.
-- .
contacted the City()fwest Palm Beach Code Compliance department
cg11ceini:hg any zq.ning violations that may be on file. No violations were
\ep01ied. A zoriiri.g verification letter was provided from the City of West
Palm Beach dated March 11, 2011 that indicates the building zoning
. . designation. Additional information on approval of the current use was not
.provided.
J'he current City of West Palm Beach building codes reportedly includes
the 2007 Florida Building Codes. Mr. Luis Martinez reported that the site
improvements were likely constructed under the 1982 or 1985 Standard
Building Codes.
According to information provided by the owner's representative and the
facilities engineering/maintenance staff, to the best of their knowledge, there
are no outstanding building violations or zoning code violations on file for
the subject property.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENT A Project No. 11-1-1082
Page 11
Flood:
Seismic Zone:
The City of West Palm Beach Fire Department provided,
latest inspection report. The report indicated that
noted at the property including an obstructed exit i .
and a kitchen outlet not secured to the wall. The
attempts to perform inspections at the property /
inspection report was dated October 21, 2010. R
be performed as part of normal mainten
The City of West Palm Beach C
letter indicating the property ha
or liens" and "no outstandin ..
does not reportedly perfo
department provided .
o outstanding violations without
/liens."
1
'".Jhe City of West Palm
inspectft)fipn the property.
;-
Agency (FEMA), Flood
Insurance Rate Map (FIRM) Communi ... No. 1202290020B, effective
March 1, 1979, the northern portion is located within
Flood Zone. . and the southern portion is located within
Flood Z - i!P d Zone A9 includes areas'6;tr'lf;oO-year flood with base
flood".eleva 1pns - .. d hazard factors Flood Zone C
mini detelminedto be outside the 500-year
flood plain. " .
According to - Zone Map of the United States,
c:ontained in the Edition of the Unifonn Building Code (UBC), this
PtQperty is located 'Qi-;;,Seism,ic Zone 0. Seismic zones are numbered from 0
to 4 with Zone 4 hiyipg,tHe greatest risk of seismic activity and Zone 0
the least risk. Maximum Loss (PML) review was not
perfoiTl1xd()r this property.
B. SITE AND. SITE AMENITIES
n:L .... Utilities, Parking, Roadways, Walkways & Public Amenities
Site Easements: Ah ALTAI ACSM Land Title Survey has not been provided indicating site
easements.
Utilities (Electric): Florida Power and Light provides electrical service to the property.
Service enters the site through underground transmission lines into a pad-
mounted transformer on the property. The transformer feeds a 1 ,600-amp
switchgear in the property's main electrical room. The propetiy is not
provided with an emergency generator.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 12
Utilities (Telecom): AT&T reportedly provides telecommunication services to
telecom room is located on the first floor of the subj
building reportedly has copper telecommunications
Other Utilities: The following utility providers serve the property(
along the public streets:
Drainage:
Natural Gas - Florida Public
Water - City of We
Waste Water - City of
Cable -Come
A four-inch diameter do st1c m six-inch flre protection
main serve the subject building. stic water and flre protection
mains are located along Belvedere The hotel shares a water meter
with the restaurant on the property. <' "'
No or identified services. Water
adequate to building needs.

The 3.21 j(fes a topography that is flat and
sloped s. Native grasses and trees are
provided in the parking loftt'Site drainage is by sheet flow away
,,,,,,,from the toward curb and area inlets located within the
df!.we lanes. on the paved surfaces provide positive
dliWinage away foundations to internal drains. Perimeter
and site payirigare adequately sloped to promote drainage via
toward inlet drains. Roof area drainage is provided by sheet
Pedestrian Paths
& Sidewalks:
irttenial roof drains, which reportedly discharge through
internal piping to the site storm water system. Storm water is directed via
m1derground piping to a municipal swale located on the northern portion
, ,,of the propetty. Repmtedly, there are no current problems or issues with
'Otbis <:lraihage system and none were observed.
T:dthe best of our knowledge, no piped drainage flow from surrounding or
adjacent properties is discharged onto or flows through the subject
property. We did not complete an analysis to verifY flood levels or
determine storm water flow through the site drainage system. There was
light rainfall observed during our site visit.
Concrete paved pedestrian sidewalks were observed at ground level along
the perimeter of the building and along the main entrance driveway. The
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 13
sidewalks along the perimeter of the building were
condition. Areas of fatigue distress were noted in the
to the entrance driveway.
Parking, Drives
& Pavements:
Site paving primarily concrete. The pavem s
appear to be in overall B ' n the age and condition of
the concrete pavements, 'grio ili'li)Qr rep . 3t: anticipated during the
evaluation term. However, ing."'and crack repairs are
anticipated during the evaluation te - entrance to the site from the
access drive is provided with a steep s . /,that of vehicle
scraping. that the area be repaved. Several

were noted that we be replaced.


The ,j)ijfldi ntains i spaces. zoning department for the
City of zoning ordinance when asked
about parking The,;Gity of West Palm Beach zoning
ordinance spaces p({provided at a rate of one-space per
i:_:c:''<.fPOm plus per 15-rooms for employees. According to this
... :'tllJ:s;urnentation, is required to be provided with 143 parking
The buildiri.g cUrrently provided with 120 parking spaces.
requested form the City of West Palm Beach
it1:dis;i:}.t,i:ggthat the parking is a legal nonconforming use.
Loading Docks: . The building is not provided with a loading dock. Service deliveries are
Roadway and
provided at the building entrance located south of the building and
adjace.11t to the surface parking lot.
Bridge Structure: Ndt applicable to the subject property.
Recommendations are summarized below:
Item No Description Year
:
B.1.1
Seal linear cracking and joints on concrete pavements, seal
Year?
;;' __ : ..
coat, and restripe parking spaces.
B.1.2 Repair distressed portions of site pedestrian walkways. Years 1 & 6
B.1.3 Remove and repair steep slope at entrance drive. Year 1
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTAProjectNo. 11-1-1082
Page 14
Item No.
B.1.4
B.2 Landscaping, Lighting, Signage, Retaining Walls
Landscaping/
Irrigation:
Fences:
Signage:
Retaining Walls:
Landscaped areas are provided along t
islands in the surface parking lots.
native trees, native grasses, an
landscaping is in generally g
landscape irrigation system
maintained by a landscape
The site is provided with wood priv ng along the western property
boundary and adjacent to the municipa water swale on the northern
portion of the property. A wood gate i

side of the
dumpster The wood gate on the ea of the property is
a is in poor condition. wood fencing
is ment anticipated!tltring the evaluation term.

A chain link is ..
appears to be adjace
eastern property boundary and
perty.
'ite lighting metal light poles anchored with concrete bases with
ri{etal halide fixtures.at the .. surface parking areas. The areas adjacent to the
g116st rooms are flush, wall mounted incandescent fixtures.
covered -%1lilopy is provided with ceiling mounted, can style
fixtqres. Site lighting appears to be adequate with the
;;exception of a feW areas. Property management reported "dark spots" at
areas adjacent to the covered entrance canopy and at the driveway entrance
...... to the property; addition of lighting in these areas is included in the
., . t!valuation term. The systems observed appear to be in good condition with
routine maintenance anticipated.
Site signage consists of a property entrance sign that will reportedly be
replaced, directional traffic signage, clearance and address signage on the
entrance canopy, and individual guest room entrance signage. The signage
appears to be in good condition with the exception of the prope1ty entrance
sign. No problems were observed or repo1ted with the signage at the subject
property.
The site is generally flat. One retaining wall was noted on the southeast
portion of the site adjacent to the driving lane. The retaining wall is
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 15
constructed of concrete, is approximately 40-feet long, an
height. Cracking was noted at several locations along
damaged areas of the retaining wall are anticipated,
term. _,
Recommendations are summarized below:
Item No.
B.2.1
B.2.2
B.2.3
B.2.4
B.2.5
Replace wood fencing along the north a
boundaries.
Replace wood vehicle access gate
the property.
Install one pole mounted light fixture at
the main driveway serving the property at
spot."
Install two building mounted light fixtures on the
k spots."
..astern corner of the p
::<;
Year 5
Year 1
Year 1
Year 1
Year3
B.3 Site Amenities,
';r';-,:3
Flag poles: The property with located south of the hotel
.. . ' h:b1Jilding adjacent t6tthe entrance canopy .
... . :':;("i:'.
Fountaihs: . property is not fountains.
OtithuildiJl,gs:
Solid Waste
Collection:
Laundry:
--. .. .- .. o .:
p!Qpe,rty outbuilding that houses a maintenance shed and
!.provides a dumpster enclosure. The structure is constructed of CMU and
has a concrete roof structure. The outbuilding has not been maintained
and is in poor condition. We anticipate painting, reroofing, fayade repairs,
'>and door replacement early in the evaluation term.
OI1e solid waste dumpster is provided in the trash enclosure portion of the
outbuilding and is located on the northeastern portion of the property. Trash
pickup is reportedly performed by Waste Management.
The property is provided with a laundry area in the fire water riser room.
Laundry equipment includes two commercial washers and three commercial
driers that are reportedly maintained by an outside vendor. The equipment
was manufactured in 2003 and in good to fair condition. Equipment
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 16
replacement is anticipated at the end of the anticipated
later in the evaluation term.
Swimming Pool: The property is provided with one pool area loca
the property. Heat was not provided to the swi ':,
reportedly maintained by an outside vendor. Prope
that the pool was replastered approxim ' :two-ye
equipment was noted to have been int:w .. 908.
with two, 1 Yz-horstpower pumps y AO Smith and SraRit
and a filter system (manufactur :yEarthworks). One 2008 replacem
pump was noted and the pump ,,&nd filter were noted ol
Replastering and equipme:q.,t)i, ment is during the evaluation
term. Fencing was noted ili't o tipns pool and at the gate area
with six-inch baluster spacing. Replacerileiit of the fencing and gate with
less than four-inch clear baluster
Recommendations are summar
Item No.
B.3.1
Repair out'Btiilding houses to operable
condition including SlJQP
header repairs, and
Year
Year 1
AJI2wance to replace at the end
B.J.
2
service
Year7
Install drain in pool per the Florida
Pool Stat.u ..'tes. -.,:
7

Immediate
.
- . :o.'.'-:
Allowai{ce to replaster poo}ahd replace pumps and filters.
ofbalustered pool fencing
an<:! the pool gate \vith that does not allow a four-inch
sphere to pass between the balusters.
Year7
Year 1
C. ,
C.l Structure
Foundations: Original building structural drawings were available for our review. While
most of the structural components were covered by interior finishes, we
were able to observe the structure at a number of locations including
electrical rooms, communication rooms, and other unfinished areas. No
evidence of significant settlement or movement was noted.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTAProjectNo.ll-1-1082
Page 17
The building foundations are four-inch thick slab
monolithically with perimeter footings. The
be reinforced with 6"x6"xW1.4xW1.4 welded wire m
a six-mil vapor barrier underneath. No addition
field observation reports or material test rep.
review. We found no evidence of significant bui
differential settlement, or foundation sys
foundation systems are considered c
type and in this geographic area.
ast
Structural System: The structural framing for t
Design Loads:
floors with upper levels sup,P::
slab was noted to be six-irtch
indicated to be 18-inch deep open
metal stud framed with plywood she
attached to the sheathing.
appears to be in condition with no
anticipated term.


Drawings . 41J.e structural systems were not
provided. an m:iA';b'f 140- to 150-mph wind loads as
defined by the Flqfig<fBuilding

Design Reyiew:
Condition:
StiUctural design drawings were not provided for our review. Because of
s age conditions, the load carrying system also
to be proportioned and detailed.
-_. ._ .
. systems appeared to be in generally good condition.
.. No significant buiiding settlement was observed.
Rc(!Qmmendations)lre sumlllarized below:
Item No.
. ..
Description Year
C.1.1 None Identified.
C.2 Building Envelope
Exterior Walls: Exterior walls at the subject building include metal stud framing with
plywood sheathing, exterior insulation, and textured, likely spray applied,
coating. The roofing and balcony systems extend over the building fa9ade
protecting it from the elements. The exterior walls are in good condition
with the exception of several areas noted with leaking HVAC condensate
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 18
Windows:
Sealants:
Doors:
drains within the wall cavity. Repairs to the walls shout
after the condensate drains are repaired. Glazed al urn
provided at the leasing area and breakfast area. ' .. _ppear to be in
good condition. No evidence of moisture s ita"'. related to
the exterior wall system. Exterior painting ap l!f!:;'" o be in fa
and replacement is anticipated during the evaluati
Windows serving the office and g are fixed,
aluminum types without impact ant Future
glazing should be impact resist '1type. Generally, the building's glazj.n@W
systems are in fair /''
Exterior sealant joints a e _ ---}. include the window
perimeter joints and fa<;ade expans16 he window perimeter joints
are in poor condition and wet sealin' . uld be anticipated early in the
evaluation tem1. The expansion joint were (qJ.Pld to be in fair to
and should be replaced is repainted.
-.,

the leasing area \;l}; ... c utomatic sliding, glazed


es with Jri frames, and a:;-e in good condition. The
guest room dopr dHpw;i:ihetal types with hollow metal
frames. The style with lever handles, card
access keying, a\ffL . ole, and latches. Routine maintenance is
. . ;;:;, .
for and occasional repair.
Roof low-sloped covered with a single-ply, PVC membrane
rc)oflng system over built-up roofing system. According to
of West Palm Beach, we assume that the PVC
Two leaking areas were reported and noted on
the roof and two guest rooms were inoperable due to one of the leaks .
. Significant leak repairs are anticipated in the immediate term. Single-ply,
;;PVC n>pfing systems typically have a useful life of 10- to 15-years. Based
{}p. th:' expected 1 0- to 15-year service life of the roofing system, roof
systrn removal and replacement is anticipated during the term. Water
stilining was also noted on the low-height parapet wall in areas not
provided with flashing. The staining appears to be due to water flowing
from the sloped, metal roofed screen wall directing water to the roof's
perimeter. Additional flashing to the full height of the screen wall is
recommended during roof replacement.
One area of original gravel-surfaced, built-up roofing was noted serving
the port cochere entrance canopy. The area was not readily observable,
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 19
Roof Drainage:
but flashings for the roof were in poor
anticipated early in the evaluation term.
The roof areas of the subject building are provide ,
steel framed screen walls. The sloped scree
standing seam metal roofing that directs storm \v: onto the lo ...
roofing system at the perimeter of the 9.-Y!.!ding. ' framing is
condition and should be painted term .
. .".-:fYi-'Ji.,:f.:'

Skylights are not provided at erty.
Primary drainage from the roof ,)s provided by internal roof
drains reportedly plumbed'''fo in ')orm water management
system. The observed roof drains''ip,P to be clear and free of debris.
Routine maintenance should include p' inspection and cleaning of the
roof drain systems. Several areas of poni:Uijg ,water noted on the roof
level in the enter of the existing the roof drainage
appeared ' ,,,
Roof Warranty: The roof systems are
Window Washing: The building witn'f tie-back safety anchorage system.
c:: ':r:Access to the facades can be performed from the elevated
areas; ther6'fgre, a tie-back safety anchor system is not required.


Insulation:
upper level guest]()Oms are accessed via elevated walkways that are
the perimeter of the building on the second and third levels.
framed and provided with a painted surface. The
walkways are in good condition. Re-painting the elevated walkways is
anticipated as part of the building re-painting. The walkway railings are
provided with 42-inch tall guardrails that include vertical balusters provided
with.a::4%-inch clear spacing. Due to the age of the building and the
bhlldi.ng codes active during the time of original construction, the baluster
spacing appears adequate. However, if the guardrails are replaced, the new
balusters should be oriented to provide a spacing that does not allow a four-
inch diameter sphere to pass. The guard rails are in good to fair condition
with only routine maintenance anticipated during the evaluation term.
Insulation for the building was not readily observable. Insulation is likely
provided at the roofing system, in the exterior walls, and at pm1ition walls
between guest rooms. No problems or concerns regarding the insulation
were reported by prope11y management.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 20
Recommendations are summarized below:
Item No.
C.2.1
C.2.2
C.2.3
C.2.4
C.2.S
C.2.6
Allowance to repaint the building exteriors and recaulk'tw
building expansion joints.
Allowance to wet seal the building windows.
Allowance to repair active roof leak on the n.
the building.
Allowance to cover built-up roofing with a single ply
roofing system at the entrance
Allowance to remove and
roofing system including flashing to the
arapet wall.
Allowance to clean and paint the building
supportin stiUcture. ;r.
YearS
YearS

C.3 Interiors .. '> '";< .. :c
We interviewed the the building interiors and
we observed a portion of the interior fW,ishes dt#ing our
C.3.1 CommonAr.eas
. ,c_.;'?:""''-.-?-, '"'-.'>.
entrance lobby for the building serves as the front desk, the breakfast
ro'8m, and connects to the common restrooms and management offices.
lobby area is provided with stippled and painted concrete ceilings,
gYJ)stJm board walls, and a mixture of ceramic tile and carpet
Elevator Lobbies:
Corridors:
'flooring in good condition. The offices are provided with lay-in acoustical
tile ceilings, textured and painted gypsum board walls, and carpet flooring
,. in fair condition .
..
1'hJi1ding is provided with a single hydraulic elevator that is accessed
.:'&ih the building perimeter walkway and balconies. The elevator interiors
consist of grid covered fluorescent light fixtures on the ceiling, wood panel
walls with handrails and stainless steel kick plates, and carpet flooring. The
interior finishes are in fair to poor condition. The doors are brushed
stainless steel and in good condition.
The common service corridor behind the retail shops has smooth concrete
floors with vinyl base molding, painted, smooth gypsum board walls, and
suspended grid acoustic ceilings. Lighting includes recessed fixtures and
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 21
Restrooms:
Stairways:
lay-in fluorescent lighting fixtures. No significant
observed or reported with the common area finishes.
Common area restrooms are provided in a
lobby area. Men's and women's restrooms are"'
are provided with lay-in acoustical tile, ceramic ti
flooring in good condition. The restroom: " singl . 't types and
provided with partitions. The 'tS'n. are solid single pi . . .
manufactured types. Faucets acces6ries are polished
with lever handles. The in good condition and were of
commercial quality. with,F isability Act AccessibilitY
Guidelines deficiencies in t ' ccessibility section of this
report.
"-?;z;_))

The building contains six exterior at intervals along the perimeter
of the building. The stairwells access levels of the
building andJ:lJ:e covered for protection The structure is
with seven-inch tall 11-inch deep treads.
The s good stair rail (hand rail) is
meta a type 32- and 3"8-inches tall with 514-inches
;:;;::-':+ - - .e:-,
of clear spadi};\):loted The stamatls are m good
condition. of the and the building codes active
during the the baluster spacing appears
{' :. Howev&fflf the stairrails are replaced, the new balusters should
/,,.: / to a spacing that does not allow a four-inch diameter
.. .. '\!' to pass. . '
Condi'tion: finishes are common for this class of property.
6bservatiot1s revealed no significant problems with the wall
" '' finishes, doors, ceramic floor tile, carpet, or the ceilings.
'-'<.;,.-
C-3.2 Guest
-. :_--. .,,_,.. -. ,
The rooms used for transient lodging. Each room is provided
with eithef(me-king slie bed or two-full sized beds. The rooms are also provided with work
stations at a desk, a chair, a refrigerator, a microwave, a chest of drawers, a closet, a lavatory
with a sink 8J1d a mirror, an iron, and a restroom with a water closet and a shower. The finishes
in the guest rooms consist of stippled and painted concrete ceilings, textured and painted gypsum
board walls, wall paper covered gypsum and ceramic tile walls in the restrooms, and carpet and
ceramic tile floors. Seven-guest rooms are reportedly out of service at the moment with three-
gUest rooms out of service due to water intrusion issues. Two-guest rooms are reportedly infested
with bed bugs. The ceiling height in the guest rooms is eight foot. The primary lighting consists
of wall mounted or incandescent fixtures with ceiling mounted incandescent fixtures in the
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 22
restrooms. Interior doors are solid-core wood set in steel frames. Door h
polished lever hardware and lockset. Windows are provided with dual curt .
blocking outside light. Horizontal mini-blinds are typically not provided.,
spaces are in fair condition. Extensive repairs are anticipated in three q
Wall finish repairs are also anticipated in several bottom floor units
locations.
Recommendations are summarized below:
Item No.
C.3.1
Descri
Allowance to perform repairs as n
three guest rooms that are out
Year 1
C.4 Vertical Transportation
The following section presents a listing of the vertical transpo . on equip'fuent at the facility
together with any obvious or with that .wMTA is not a specialist
vertical transportation absence of any or reported problems
should not be construed as,,;i,P:Hicaij:pg tha:tlfig,} ical transportati6n''equipment is functioning
properly. This would requirl testing.apd evaluat -"' the of our services.
General < '
Information:
-.:,.,-...
Elevathr

Control Systems:
Vertical the is provided by a single hydraulic
elevator. The elev'litor is in fair condition. The building does not contain

A-single hydraulic. elevator is provided in the center portion of the three-
... story building. The elevator appears to be original to the building. The
elevator was manufactured by Centrellex. The rated capacity is 2,100-
pounds at 1 00-feet per minute.
A machine room is located adjacent to the elevator shaft. The elevator
equipment appeared to be in generally fair condition. Hydraulic shaft
platform repair work is reportedly scheduled for the current year's budget.
The elevators have electronic control systems manufactured by Dover.
Typically, elevator control systems have useful life expectancies of 20- to
25-years. The controls at the property appear original and a modernization
of the controls is therefore anticipated early in the evaluation te1m.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 23
Elevator Car
Interiors:
Mandated
Inspections:
Safety Systems:
The elevator finishes include wood metal wall panels -
carpet. The elevators cab interiors in the buildiq ,,
condition.
d
Mandated inspections by the State of Fig are to be per o
each year. Copies of the current were ,,
the elevator cabs.
Similarly, ASME A17.1 _ s a periodic safety test
inspection to be elevators and escalators.
This is typically by";m.,_ -. contractor, and
witnessed by a third-party insp .,;ff1:"Elevator tests are reportedly
performed annually by the State of however, no information was
available concerning elevator tests at of the ,site visit. Property
e orted that elevator information
test have not we recommend
Q!l as possible al1:4: regular elevator tests be
_;f/ five year YJttiH}lired.
- :';:}f::: . ' -:;" ''
Without regai,(ifu:{the testing of the elevators, we
were unable to effective!),({s or adequacy of the elevator safety

>: :ystems. " ,
..
-""'-.::, '2:'
:M@tal handrails at the rear and sides of the elevator cabs
in good
ADAAG: Tb.e' to be substantially compliant with ADAAG
requirements with the exception of missing audible signals.
Maitttenance &
Service: .The Cllrtent maintenance contractor is Otis Elevator. A copy of the current
contract was not provided.
The overall level of maintenance appeared to be good. Machine rooms
and pits were generally clean and free of debris.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page24
Recommendations and Cost Summary:
Item No.
C.4.1
C.4.2
Descri tion
AHowance to modernize elevator control system at
the end of its useful service life. Pricing provided
by Carlos Rosa at Otis Elevator as a rough estimate.
Allowance to perform repairs to the botto .
Year 1 the hydraulic elevator shaft. Pricing
Carlos Rosa at Otis Elevator as a -,::

C.S Plumbing Systems
General Water
Service: The building obtains potable water City of West Palm Beach. A
four-inch diameter domestic water main}_and a six-i:gch fire protection
main enter the site from the south to mechanical
rooms st floor. The building meter with the
adjacel).Jift'' -e. recommend that an adgffl,8b.al meter be provided.

ater w_as reported and observed to be
copper with stt .. ered Isofatea,s2ctions of galvanized pipe were
noted in the that wjll1ikely need to be replaced as part of
.. . . . normal domesti6 water piping system was reported to
/he in generally go6i\\?ondition.
.,,.,,
Sewage Systems: sanitary system of drainage, waste, and vent piping serving
tl{e' restrooms and floor drains. Sanitary drainage systems
maintained by the City of West Palm Beach
Domestic Water
Pressurization
System:
along Befved&r6-Koad. Storm water is collected at various points in the
landscaping, drive aisles, and the roof areas. Storm drainage is directed
via underground piping to a municipal swale located on the north portion
of the property.
Sanitary and storm system piping material above grade was reported and
observed to be PVC. Property management reported no current problems
with the sanitary and stonn drainage systems. Sanitary and storm drainage
piping, where observed, appeared to be in satisfactory condition and
generally free ofleaks.
The building is not provided with a water pressurization system.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENTA Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page25
Ejector Systems:
Tenant Floor
Restrooms:
Domestic Hot
Water System:
The building is reportedly not provided with sump pumps:
The guest rooms are provided with restrooms tha
water closet. Bath tubs are provided with cer
restroom fixtures are manufactured from vitreou
commercial quality. Observed toilet roo bing ."' es appeare
in good condition. xtures observed appe
adequate.
A central building hot wa d in a mechanical closet on
the first floor. The boile , 0-lbs/ft, gas fueled unit
manufactured by Mighty Therm. r was manufactured in 2000.
Two, 200-gallon water storage tanks a irculation pump were included
as part of the hot water system. The typ1 seful serv:lce life for a water

boiler is 15- to 25-years. We a ' ipate:ieplacing the boiler
system, jril'{ld:h1g thY two storage tanks and pump during
the


' - -'"-
.. .. ....
Natural Gas
Systems:
,, . .
Natural gas ser\tj(.:y is in site near the laundry room.
The service is and serves the laundry room and
.c>' ... ;: the water boiler system. Several areas of rusted pipe were noted that we
.. . . .. be scraped and painted as part of normal routine maintenance.
;/> ) ' GFrierally, the gas in good condition.
OVerall, the. plumbing systems were repm1ed and observed to be in good
condition. Boiler system replacements are anticipated during the evaluation
term.
summarized below:
.
Item No, ... Description Year
:
Repair or replace rusted valve handles adjacent to the backflow
Year 1 C.5.1 ;
prevention on the site . .
C.5.2
Replace hot water boiler system including boiler, two tanks, and
Year4
. :
circulation pump at the end of its useful service life .
:
Allowance to provide a second water meter to avoid sharing
C,5;3 ..
Year 1
.. meters with the adjacent restaurant.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 201 I
PENT A Engineering Group, Inc.
PENTAProjectNo. 11-1-1082
Page 26
C.6 Fire Sprinkler/Suppression Systems
PENT A conducted a limited condition assessment of the fire sprinkler/sup
subject property. The purpose of our survey was to identify the syst
property and assess their condition. PENTA is not a specialist fir
Therefore, absence of any observed or reported problems should not b
that the fire and life safety equipment is functioning properly, eets a
This would require extensive training and testing beyond the
o"

Fire Sprinklers:
Fire Hydrants:
Fire Pump:
The subject building contains
which serves utility rooms
.--
Fire hydra11ts._are located on and around t of the property.
:, ...
A fire pump is at the
. ,;'.\",' ;s::.:-:,--{,:.._,:'
Fire Extingui_l!ers:, Fire extinguisher;hl-{located the building and inspection tags
' to be cfirrent. .- Random observations revealed that the
dtinguishers were tbndition.
The sprinkler. system is reportedly inspected annually by Wayne
Automatic Fi:respdnklers. We observed current inspection tags on the
building fire spril1kler system.
sumJ1larized below:
ltemNh,
./ .
Description
y ......
C.6.1 \ None Identified.
C.7 HVAC Systems
General
The HV AC systems for the common building areas consist of split system
units serving the entrance lobby and adjacent office spaces, the laundry
area, and the server room. The combined rated capacity of the split system
units is 9.5-tons. Heating is typically provided in the common areas by
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENT A Project No. ll-1-1 082
Page 27
Chilled Water
System:
Air
Systems:
Heating Systems:
Temperature
Control Systems:
Overall System
ca.}}acity:
electric resistance heaters in the fan/coil units.
provided with individual, through-wall heat pump
9,600-BTU. The split system units were ................ ..., .... ,
2010. The guest room through-wall units vary
replaced at a rate of approximately 12-units per
The building is not provided with a
The common area fan/coil u.
closets or exposed at the
mounted underneath a wittdb
The supply air ductwork includes gal __ ,,"ed sheet metal ducts, externally
lined, and flexible ducts. The are typically
utilized for, e main runs and the

j\\1sed to connect the


main due(
';_:,_::.:_
on a regular PM schedule by the
maintenance The appeared to have been in-place
for longer expected. ;s;iflie through wall unit condensate
drainage is the wall and appear to direct
to the;exterior of the building adjacent to the first floor units.
ttwas reported th# several locations exist with moisture in the walls
to condensate drain leaks and we recommend replacement of pipe
irithese areas.
---,\
.-. .
The primary source of heat for the common areas is the electric resistance
heating element in the fan/coil units. The guest rooms are provided with
heat by the through-wall heat pumps. The building does not utilize natural
gas or steam for HVAC heating purposes. According to prope1ty
manage1nent, the heating system is adequate and in good condition.
Thermostats are located on in the common areas to regulate air flow in the
tenant spaces. The through-wall units are provided with temperature
controls on the face of the units. No problems were repmted with the
temperature control systems.
To determine the adequacy of air conditioning systems, engineers
commonly utilize cooling load check figures that compare the square
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 28
Indoor Air
Quality:
Maintenance:
footage of the building to the overall cooling capacity.
Society of Heating, Refrigeration, and Air-Cond g
(ASHRAE) provides industry standard check "L\ for cooling
capacities. The cooling load check figures for qi,, buildlliK show 360
square feet per ton as low cooling capacity, quare ton as
average cooling capacity and 190 square feet .. as
capacity. The figures are "rules of thumb"'" p1bers not accol!(l;'{pr '"
the local weather conditions. ..
--
According to the available info
we calculate a cooling capac
ton. This ratio is consi
problems with the cooling.., ...
building.
PENT A did, ..)J.Ot conduct an indoor air iiurui!Y as part of this
During our we noted two
.e roof leaks and finishes have been
Irlgqor air d be as part ofthe renovations
to these ':> . Ai'
1
t;::"P
The facility a contract with GE to provide
n i2grputine inspections and maintenance of all base building HVAC
.... We not p!ovided with a copy of the service contract to
reyjew. ..' .. ..

Ge11entl<:;omments: . . . systems are considered to be in good to fair
'6dil:dltiort.' :rwo.:.split system units are provided with R-22 refrigerant and
..- .... ;.'} . will likely have to' be replaced if maintenance is required. The through-wall
.. . units are anticipated to continue to be replaced at a rate of 12-units per year.
'. c .Due to the age of the remaining system components, we anticipate the need
'f?r of major system components beginning late .in the
period. Further, diligent routine preventative maintenance is
to avoid costly future repairs or premature replacement of mechanical
systems components.
are summarized below:
Item No. Description When
Replace through-wall HVAC units serving the guest rooms.
t.7.1 Property management reporied replacing approximately 12- Years 1- 10
units per year at a cost of $400 each.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 29
Item No.
C.7.2
C.7.3
Descri tion
Replace 3-tons of split HV AC units in Year 6 and 5-tons of
split HV AC units in Year 10. Year 10 replacement is prior
anticipated useful life, but the unit is provided with R-22./ .
refrigerant not available after 2014. -- .
Repairs to condensate drains at lower level units.
locations per year in Year 1 through Year 9.
condensate drains, exterior fa9ade, interior d, ""1fil, ,,,
assumed portions of the concrete walkwa ach location.
Estimated costs assume each bottom
re lacement.
C.8 Electrical Systems
General Electric
Service:
Overall Electrical
Florida Power and Light provides to Electric
service overhead Belvedere Road.
An transformer to the building at
The feeds the main
swittllgear in the the center of the building. The
main is 1

_\_ : = . :> .
-
Capacity: - 'fQ determine of electrical systems, engineers commonly
Electrical
Distribution:
.
the floor of the building to the overall electrical capacity. At
a }i9wer factor of electrical power available to the building
is'i{pproximately 1 o.p..:watts per gross square foot. Overall, the amount of
p'Qwef-ayai}able square foot is considered to be good .
The watts per square foot figures represent the overall average amount of
power available to the building. More or less power per square foot could
be available at different areas of the building based on the size of the
conductors, panels, breakers, etc. providing power to a specific area.
Additional breakers, panels, or conductors may be required to deliver this
power depending on the specific electrical loads required in the building.
A power factor of 0.90 was used to convert kVA to kilowatt (kW).
Electrical power in the building is distributed via wire and conduit systems.
Power wiring was reported to be copper. However, we could not observe
conductors within busses, panels, switches, conduits, etc. due to safety
concerns. Typically, branch conductors are enclosed in electro-metallic
tubing (EMT).
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 30
Infrared Electrical
Low voltage (208/120 V) panels are located in
floor level and serve equipment and fixtures at the
transformers are not provided.
An electrical meter is located in the adjacent to
Scans: Infrared scans help identify ectrical rts and "hot spots" in
distribution systems. We conducting infrared scans of
electrical distribution annua asis .
. ..
Lighting Systems: The primary guest roomli'ghting!"-'
fluorescent fixtures in the common
Engine-Generator
Set:
Security Systems:
fixtures in the restrooms. The co
fluorescent fixtures and ceiling hung in
levels of illlJ!nination appeared to be adequate .

.. not emergency power generating system
>-,:;: - .
,,?;:.. -," ..
The building an utilizing access key cards at
building The builzfing is also provided with security
. :cameras that are lpBated at building main entrance lobby and along the
of the building. The cameras are fed to monitoring and
r69ording equipmentlocated in a maintenance room on the third floor.
Protection
System: The buildirtg is not provided with a lightning protection system .
. .(;eneral Comments: Overall, the electrical systems are considered to be in good condition and
provide an adequate supply of power to meet the building's needs.
R<mtine' infrared scans should be conducted to help identify potential
problems with the electrical systems. Addition of lightning protection is
recommended at the building roof. Exterior receptacles were not provided
with indications of GFCI overcurrent protection and replacement is
recommended.
are summarized below:
Iteni No. Description When
. C.8.1
Perform annual infrared scans. Years 1 - 10
C.8.2 Replace exterior electrical outlets with GFCI types. Year 1
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 31
Item No. Descri tion
C.8.3
Allowance to provide a permanent fan in the boiler room as
requested by MARX.
C.8.4
C.9 Fire Detection and Alarm Systems
PENTA conducted a limited condition assessment of the
subject property. The purpose of our survey was to
property and assess their condition. PENTA is
Therefore, absence of any observed or reported
. and alarm systems at
the systems that exist within
fire or life safety
be construed as indicating
all code requirements.
of our services. The
that the fire and life safety equipment is
This would require extensive training and
following section contains a summary of the system
recommendations for repair and maintenance.
Fire Detection &
Alarm System:
Fire Stopping/
Fire-Rated

<:"'
The with a GS Edward alarm controller. The
ftfJiyc':M4fessable. The . service life of a fire
is 12-15 coptrol panel appears original to the
building and in the evaluation term. The
call center good con<;ljy6n.
; :-:.- .
>t1;s,sting for the systems is reportedly performed annually. We
not provided a'qpy ofthe most recent test report for review. Property
mcJhagement reported-th.i:i.f'ho major problems were identified during the
te$ts. -
The /cl1rrently fitted with smoke detectors and strobe/horn
assemblies in common areas, heat detectors and strobe/horns in the
mechanical rooms, and smoke detectors in the guest rooms.
'Iile fire alarm system monitors sprinkler system water flow and tamper
clvices, smoke detectors, and manual pull stations. Audible and visual
notification is provided in the common areas by means of combination
hom/strobe appliances.
Fire resistance ratings were not accessible. Ceilings and floors in the units
are constructed of concrete and unit partition walls are covered with
gypsum board sheathing.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENT A Project No. 11-1-1082
Page 32
Emergency
Generator: The building is not provided with an emergency genera!_Qj[jtf
,i
Means of Egress: The guest rooms are accessed by balconies that of
the building. Six stairwells are located at the of
the building. The stairwells discharge onto the loWer level walk\:Vtf and
Inspections:
the walkways provide egress into the surfae"ec arking . as.
Illuminated emergency exits signs. emergeft'ty lighting were observ
on all floors of the subject buildiQ
The fire alarm system is.
required. However, we nuNnrmrlC1ec
fire alarm inspection report.
tested, and maintained as
copy of the most recent
Recommendations are summarized below:
Item No. Year
C.9.1
Allowance panel at of
ty ical usef6P;ervic'i5\'Mfe. . .
Year l

Telecom Systetns: <''.1\..T &T is
i5):qNider .
building's primary telecommunications service
. :-"/.:. ::. ,:
building reportecUJThas copper telecommunications risers. The exact
/9apacit)'<?nd availability of these systems was not provided to us.
are summarized below:
Descri tion Year
N/A
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENT A Project No. 11-1-1082
Page 33
C.ll Water Intrusion, Mold/Microbial
Moisture Intrusion,
Mold!Microbial :-1XI'{/}t
Growth: No areas of suspected mold growth were
guest rooms that have active roof leaks and the finishes fi
damaged. We also noted upper level

with m
Termites and Pests:
present. We recommend that these as part of no
maintenance to determine if mold '-''''
-'"}:.)'.0\'"
No tennite bond was pro . our Property manage -
reported no issues with te reportedly provides
monitoring ant treatment 'at the'''l>Mi:lding .. management reported
that two-guest rooms are and that treatment is
currently underway. ''''',;;s,
:(:.>
Recommendations are summar below:
Item No. Year
C.ll.l N/A
C.12 Equipment, Special
. . .:'
S ' l :c'! ,, .. .- ,;;,._
.,,, identified.
Nqhe identified.
beldw:
,JtemNo. Descri tion
D. AREA AND EGRESS
Egress: The guest rooms are accessed by balconies that sunound the perimeter of
the building. Six-stairwells are located at intervals around the perimeter of
the building. The staitwells discharge onto the lower level walkways, and
the walkways provide egress into the surface parking areas.
Egress from the lobby area and offices is via doors located at ground level.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 34
Floor Area: The subject building reportedly encloses 52,014 square fe_-
134 rentable guest rooms.
E. ADAANDFHAA
E.l Americans with Disabilities Act (ADA)
Title III of the Americans with Disabilities Act of 1990 (AD funded build'
and facilities into two categories, "Public Accommodatio d "Coillfuercial Facilities." Pubr
Accommodations generally include multi-tenant dings since common areas and
spaces are accessed by the general public to obtain gg"/Ys d from public accommodafrnn
tenants of the building. In such cases, the landlor _,. rally re iple for "readily achievable"
removal of existing barriers to site access, park ,J:lS up to the tenant lease
spaces. Tenants are individually responsible for alteratio spaces. In the case
where renovation or alterations are made as part of new leas tenant improvements, then the
alterations and renovations must satisfY the requirements for that are
structurally infeasible or require expense to comply coiis{' burden" and
may not be requl
.red. '" - "0/:;;: ,.
---::,"::-
Commercial facilities are or buildings used by private business
entities and their employees. For a by a single tenant such as
a data processing center, a product or facility, and is not normally
accessible to or used by the general does not places of public accommodation,
is considered;:_tC():tl)J:l}e.:rcial facility. for architectural barrier removal in buildings
T<i'29 generally do n()! apply to "commercial facilities" unless additions,
or the usable
-"
TiJle' l>of ADA (Ell,lplgyrnent) also prohibits employers from discriminating in hiring or
proi:notion !:l:gainst disabilities and requires that employers provide "reasonable
accommodation" .to such persons. In general, the need for modifications within a tenant space
.\lsed as a comme.rcial facility is directed to the specific needs of a disabled employee. The
_ ">S""'fespopsibility for spe,cific barrier removal inside a tenant space generally belongs to the tenant
rathd: the landio_rq. Any additions, renovations, or alterations to the usable spaces are
required to be designed to comply with the ADA Accessibility Guidelines (ADAAG) and items
that do notcomply with the ADAAG should be modified to comply. In such cases, the landlord
is generally responsible for the site access, parking, and in common areas up to the tenant lease
spaces.
Using the:i\DAAG as a standard, PENTA conducted a survey and field assessment of the subject
' bl;lilding mid the surrounding grounds on March 3, 2011. We also reviewed an "ADA Inspection
Report"prepared by ADA Compliance Specialists, Inc. and dated December 16, 2010. This
f&cility is a privately owned commercial hotel facility that contains common use areas used and
accessed by the general public. It is PENTA's opinion that the common use elements of the
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 35
building including parking, building access, main entrance lobby, common
public toilet rooms must comply with the provisions of ADAAG for the
accessibility. Office, computer, mechanical, and tenant secure areas
evaluation.
Based on our observations, the property and improvements are vvl.ll\.lvl''-'"
contain several barriers to accessibility. The building ADAAG
1
_
follows:
Parking:
Curb Ramps:

The property contains 120 off-s
currently provided with par, t
provided as ADAAG

ADAAG requires five accessible p .. :':g . facilities that furnish
between 101 and 150 parking of which one must be van-
accessible. Accessible parking spaces wi.tlJ,}white stripes and
include ideJ:JJification signs and the IntemaHBni:!:l SYPlbol of Accessibility
marked. space. The were measured
to be ... 17' in the and 18' x 17' in the
afi4,comply Af\.G Universa.iParking Design criteria.

. / c .
The building il'.opt with We recommend that curb
ramps be spaces and at the entrance
lpbby. ...
The exterior of the provided with a walkway. The walkway is
generally accessible walkways should be provided at HV AC
dniinage openings the accessible guest rooms and the leasing area
as part of norm:almaintenance.
The interior of the leasing area is provided with an accessible route
between the entrance door, the leasing area, the breakfast area, and the
restrooms.
Generally, the exterior and interior accessible routes are not provided with
s1gnage. We recommend that accessible signage be provided along the
routes.
The guest rooms are provided with furnishings that need to be relocated
for ADAAG compliance as part of normal maintenance. The accessible
guest room thresholds need to be lowered to accommodate the ADAAG
requirements. Additional items including heights on curtain rods, the iron
and signage should also be altered to meet ADAAG.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENTA Engineering Group, Inc.
Entrance Doors:
Elevators:
Toilet Rooms:
PENTA Project No. 11-1-1082
ADAAG accessible, automatic sliding glass entry
the entrance drop off area into the leasing area.
rooms are provided with lever handle doors.
The building is provided with one hydraulic
controls, raised Braille markings, and
interior space compliant with AD
car is not provided with audible
be provided.
The building contains
the leasing area. The
We recommend alterations
relocating toilet paper dispenser, .u"'"'"l.uJ,;;:.
replacing the water closet flush lever,
an additiona,bgrab bar, and lowering the

. - ' .
Page 36
Drinking
Fountains:

.
A drlllking d in the leasmg area that is provided as
Fire Alarm
Systems: ; '"
ADAAG co:rrln)iant. u adjacent to an accessible
route, but it is s'ifu.ated not to into the accessible route.
.-
Ai:tdible and is provided by means of horns and strobes
inthe common guest rooms.
are summarized below!;fL .
. - . . .... . . - --'
::-_.
Item No. ' : Description Year
, r:;.,<::KI . 1
Provide audible signals at each floor on the site elevator as
Immediate
required by ADAAG.

Allowance to restripe, provide signage, and provide curb ramps
Immediate
... for fivepark!ng spaces, one of which should be van accessible .
E.1.3
Allowance to provide passenger drop off including a curb ramp
Immediate
and signage at the leasing area entrance.
Allowance for pool area accessibility alterations including
E.1.4 .... ... . lowering the area telephone, altering the shower head, and Immediate
. :: ..... installing proper signage .
.
.:. Kl:5 Install ADA signage in the leasing area. Immediate
:: ...
Modifications to the men's common restroom to create a unisex
Immediate > E.l.6
accessible restroom. Alterations include signage, lowering grab
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
Item No. Descri tion
E.1.7
E.2 Fair Housing Amendments Act (FHAA)
PENTA Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 37
The Fair Housing Amendments Act (FHAA) ly to

Recommendations are summarized below:
tion Year
N/A
F. CAPITAL :/ ''
We were not furnished with any speii:[lc capital projects planned for the
facility. Property management repOiiedthati'lb;inajor capital upgrades are expected for
the Property.
"". ,
- .. :: ;.:_ '": .
G.
Assessment Update was not provided for our review and is not
included a$part oftbi$'fu;sessnient.
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 20ll
IV. ADDITIONAL CONSIDERATIONS
A. WARRANTIES A..l\ID GUARANTEES
No warranty information was provided for review.
B. CERTIFICATES OF OCCUPANCY
We contacted the City of West Palm Beach and, at
building's Certificate of Occupancy.
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 38
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 201 I
V. ADDITIONAL ASSESSMENTS
PENT A Engineering Group, Inc.
PENTA Project No. ll-l-1082
Page 39
No additional assessments were performed as part of the subject scope o
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
VI. COST ANALYSIS
PENT A Engineering Group, Inc.
PENTA Project No. 11-l-1082
_ Page 40
The following tables include the Cost Analysis we prepared for thi - Section
Numbers in the left hand column correspond to the items lis.. in the SUiW,pary of
Recommendations and Cost Tables at the end of each major category in' ion III of ort.
All costs are shown in current (uninflated) dollars. The cos each y
1
are totaled Jte
d colu .
average "dollars per year" and average "dollars, bot,!i;lf'
uninflated and inflated costs over the evaluation te ''::"
MARX Realty Improvement Company, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
Property Component
8.2.2
8.2.3
$1,500
$3,000
Units
Each
Each
Each
Allowance
Each
Allowance
SF
Allowance
SF
SF
SF
Each
Allowance
Each
Allowance
Unit Cost($) I Quantity
$1,400
$3,400
$425 2
$10,000 5
$0.65 46,800
$3,000
$2.50 1,600
$7.00 7,700
$0.65 19,200
$45,000
$5,000
$1,000 2
$17,600
Year 1
$1,400
$3,400
$900
$4,000
$2,000
DRAFT
COST ANALYSIS
Year 2 Year3
$30,500
Year4 YearS Year6 Year?
$50,000
$53,900
$17,600
YearS
PENTA Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 41
Future Plus
$1,400 $1,400
$3,400 $3,400
$900 $900
$50,000 $50,000
$0 $1,500
$4,000 $4,000
$53,900 $53,900
$2,000 $2,000
$17,600 $17,600
MARX Realty Improvement Company, Inc.
DRAFT
COST ANALYSIS
PENTA Engineering Group, Inc.
1505 Belvedere Road- West Palm Beach, Florida
June 2011
PENTA Project No. 11-1-1082
Page 42
Report
Section
No.
Property Component
Immediate
Repairs (1)
Units Unit Cost($) I Quantity Year 1
c_
5
_
3
i""uwance to provide a second water meter to avoid sharing meters $
6 400 1
$
6 400
w1th the adjacent restaurant. ' '
Year2 Year3 Year4 YearS YearS Year7 YearS Year9 Year10
Future Total
(Year 1 -
Year 10)
$6,400
Future Plus
Immediate
$6,400
Subtotal
; . FIRE " \:::,;:: ":W&r< .., ' I

C.7.2
C.7.3
Replace 3-tons of split HVAC units in Year 6 and 5-tons of split HVAC
units in Year 10. Year 10 replacement is prior to anticipated useful
life, but the unit is provided with R-22 refrigerant not available after
2014.
Repairs to condensate drains at lower level units. Assume 5
locations per year in Year 1 through Year 9. Replace condensate
drains, exterior fa9ade, interior drywall, and assumed portions of the
'
concrete walkway at each location. Estimated costs assume each
bottom floor unit will require
Ton $1,125
Each $1,000
12 $4,800 $4,800
8
5 $5,000 $5,000 $5,000 $5,000 $5,000
$3,400 $5,700 $9,100 $9,100
$5,000 $5,000 $5,000 $5,000 $45,000 $45,000
Subtotal I $0 I I I $9,800 I $9,800 I $9,800 $9,800 $9,800 $13,200 $9,800 $9,800 $9,800 $10,500 $102,100 II $102,100 II



C.8.1 Perform annual infrared scans. Allowance $1,500 1 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $15,000 $15,000 II
C.8.2 Replace exterior electrical outlets with GFCI types. $900 Each $35 24 $840 $840 $1,740
c_
8
_
3
provide a permanent fan in the boiler room as requested Each $
500 1
$
500
$
500
$SOO
C.8.4 Allowance to provide lightning protection on the building roof. LF $2.90 900 $2,700 $2,700 $2,700
Subtotal $900 $5,540 $1,500 $1,500 $1,500 $1,500 Ji1,500 $1,500 $1,500 $1,500 $1,500 $19,040 $19,940
b:llill"' %!'"".p"'jm"'JrJ"'!E"'J"'iiJD"':l5"' .. u;. "
c_
9
_
1
Allowance replace the fire alarm control panel at the end of typical Each $
7 100 1
$
7 100
$
7 100
$
7 100
useful serv1ce life. ' ' ' '
Subtotal I $0 I $7,100 $0 $0 $0 $0 I $0 $0 $0 $0 I $0 !
.a "' ,.,,, "'l!Jailli 4'1!!. BB
C.10.1 INoneidentified. I I 1 I I I
Subtotal 1 $0 1 1 $0 $0 $0 $0 $0 I $0 1 $0 $0 $0 $0 ,
, : lllif , mf ' : ,,, ' :;r
c.11.1 fNoneidentified. I I I I I I I I
Subtotal $0 I I $0 I $0 $0 I $0 $0 I $0 I $0 I $0 $0 I $0
.l!lilliillil!f ' . ... .
C.12.1 INoneidentified. I I I I I I I I I
Subtotal $0 I I $0 I $0 $0 I $0 I $0 I $0 I $0 I $0 I $0 $0 I
,{'; __ 4 .. , ", = q,Y.'fu'B-lfi1f:';Zi'< .
IE.1.1
IE.1.2
E.1.3
I Provide audible signals at each floor on the site elevator as required
'byADAAG.
r\uowance to restripe, provide signage, and provide curb ramps for
five parking spaces, one of which should be van ------'"
to provide passenger drop off including a curb ramp and
I signage at the leasing area entrance.
for pool area accessibility alterations including lowering the
E.1.4 telephone, altering the shower head, and installing proper
s1gnage.
[E.T.SIInstall ADA signage in the leasing area.
IE.1.6
IE.1.7
Modifications to the men's common restroom to create a unisex
accessible restroom. Alterations include signage, lowering grab bars,
[
relocate toilet paper dispenser, install scald protection on drain pipes,
replace the water closet flush lever, relocate the water closet, install
an additional grab bar, and lowering the paper towel dispenser.
""'""'"1u11S to the accessible guest rooms to meet ADA requirements
including changing the threshold height, lowering the curtain rods,
installing signage, and lowering the iron.
Subtotal
$2,300 Each
$5,500 Each
$1,600 Each
$500 Allowance
$600 Each
$2,900 Allowance
$3,000 Each
$16,400
$750 3
$1,100 5
$1,600
$500
$150 4
$2,900
$500 6
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0
$0
$0
$0
$0
$0
$2,300
$5,500
$1,600
$500
$600
$2,900
$3,000
$16.400
MARX Realty Improvement Company, Inc.
1505 Belvedere Road - West Palm Beach, Florida
June 2011
Report
Section Property Component
No.
.;:,:.. >t .:.,: ..::s:.gc!:'<.'"'::>:.L:,e>;\:. <BfiAA, '. :: . : ..;:'. :Hr"::.::
E.2.1 !Not applicable.
I
jTOTALDOLLARS,NOTINFLATED
!TOTAL DOLLARS, INFLATED
Immediate
Repairs (1)
:.;;;: fi\C:t;!:t<>: ,c:;&::
Subtotal $0
$21,800
I $21,800
Units Unit Cost ($) Quantity Year 1
1.,::,,:.:;:- <.+.2'.> . .. , : ' . .<:: .":.:'..... , : < ..
I
I $0
T
$104,040
Dollars per Square Foot $776.418
Total Guest Rooms 134
Years in Analysis Term I 10
DRAFT
COST ANALYSIS
Year2 Year 3
: . ..:,::.:...
. .:::.: .
$0 $0
$50,700 $12,300
$378.358 $91.791
Inflation Factor I 0.030 Not Inflated I 1.030 I 1.061
I $104,040 $52,221 I $13,049
Year4
.
$0
$28,900
$215.672
I 1.093 I
I $31,580 I
Year 5 Years Year7
/;. ::, . : :;_:: >+: .. .. . .CCC
$0 $0 $0
$89,300 $15,600 $83,900
$666.418 $116.418 $626.119
1.126 1.159 I 1.194
$100,508 I $18,085 l $100,181 I
Year 8 Year9 Year10
...... . .: .< .. ' :_,::::. ....;::::; ..:. : .. ::<:--:.::::e:
$0 $0 $0
$11,300 $50,700 $12,000
$84.328 $378.358 $89.552
Uninflated Dollars per Year
Uninflated Dollars per Guest Room per Year
1.230 T 1.267 I 1.305
$13,898 I $64,225 I $15,657
Inflated Dollars per Year
Inflated Dollars per Guest Room per Year
PENTA Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page 43
Future Total
Future Plus
(Year 1 -
Year 10)
Immediate
,:.:::... . ,:''>';' .:"'
$0 $0
$0 $0
$458,740 $480,540
$45,874 $48,054
$342.34 $358.61
$513,444 $535,244
$51,344.36 $53,524.36
$383.17 $399.44
MARX Realty & Improvement Company, Inc.
1505 Belvedere Road - West Palm Beach, Florida
June 2011
VII. REPORT QUALIFICATIONS
PENT A Engineering Group, Inc.
PENTA Project No. 11-1-1082
Page44
PENTA was retained to perform a Property Condition Assessment of. The
conclusions, recommendations, and opinions of cost presented in this r .... are review
of available drawings, personnel, and telephone interviews of persons Im9,wledgeable the
facility, our field observations, and our experience on similar cts. f
building components was performed, and no structural or ca were performe
determine the adequacy of the facility's original design. ,J . as not''tfie intent of this survey to
perform an exhaustive study to locate every existing Observations were made by
professionals, but there may be defects at the facility "'''''"'h were Q-Qt readily accessible, not
or otherwise inadvertently overlooked. Other may d':t'S: with time but were not
evident at the time of this visual assessment. ":tw
The opinions of costs are listed in current dollars and allow 6.. inflation factor oftlu-ee percent
per year. The actual costs may vary depending on the quality o ., . ntractors.;l1$ed, the quality of
materials selected, the extent of V{ performed at one time, the year in which the
work is performed, if the : ..

individually or purchase contracts


and other items. If any critical in .JP'aking decisions about this
facility, we recommend or be obi'ained for those items before
making final decisions about this ;/f:fli'i)
This report has been prepared on

exclusiY'tiy for the use of MARX and their


successors an4 upon written between PENTA and MARX. Reliance on this
report is gqyddied"'f,y'itfi(( Terms and c6i),tiitions of PENTA Proposal Number Pll-1-1070R01
dated Fce,})!li'hry 18, by 25,2011. This report and the findings
shall not,in whole or in or conveyed to any other party, or be
usebrtelied upon byfl#yother pmiy, in or in part, without our prior written consent.
.'_--:_,
.
Photograph 1: Typical overview ofthe site hotel building.
Photograph 2: View of the main entrance drive to the site and adjacent concrete walkway.
1505 Belvedere Road- West Palm Beach, Florida
PENT A Project No. 11-1-1082
Photographs, Page 1
Photograph 3: Typical overview of a surface parking area.
Photograph 4: View of evidence of prior repairs noted in the surface parking lot.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 2
Photograph 5: Vie of fatigue distress noted in the site entrance drive.
Photograph 6: View of a steep sloped entrance into the parking lot form the site entrance drive.
Note the scraped areas.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. ll-l-1082
Photographs, Page 3
Photograph 7: View of missing curbs on the parking lot island.
Photograph 8: View of distress noted in the site walkways.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 4
Photograph 9: View of a typical area inlet for the site storm water management system.
Photograph 10: View ofbackflow prevention at the water service along Belvedere Road.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 5
Photograph 11: Voew of deteriorated components on the site water system.
Photograph 12: View of a pole mounted light serving the surface parking lot.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 6
Photograph 13: View of a retaining wall located on the site. Note the prior repairs on a cracked
section of the wall.
Photograph 14: Typical view of the wood fence provided on the north and west boundaries to the
site.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No ll-1-1082
Photographs, Page 7
Photograph 15: View of a deteriorated vehicle access gate located to the northeast portion of the
site.
Photograph 16: View of deteriorated doors located on the trash enclosure and maintenance shed
building.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. ll-l-1 082
Photographs, Page 8
Photograph 17: View of a cracked door header on the maintenance shed building.
Photograph 18: View of a roof leak on the maintenance shed building.
1505 Belvedere Road - West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 9
Photograph 19: View of site pool equipment.
Photograph 20: Overview of the site swimming pool.
1505 Belvedere Road- West Palm Beach, Florida
PLNTA Project No_ 11-1-1082
Photographs, Page 10
Photograph 21: View of the laundry area.
Photograph 22: View of typical vending areas on the site.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-l-1082
Photographs, Page ll
Photograph 23: Typical view of the building roof
Photograph 24: View of a flashing termination on the parapet wall.
1505 Belvedere Road- West Palm Beach_ Florida
PENTA Project No_ 11-1-1082
Photographs. Page 12
Photograph 25: View of the galvanized steel framing for the building screen wall. Note the
surface deterioration. The underlying low-sloped roof is also in an area of
below.
Photograph 26: View of a typical standing seam metal screen wall.
1505 Belvedere Road- We;,t Palm Beach, Florida
I'LNTA l'rojectNo.ll-1-1082
Photographs, Page 13
Photograph 27: Typical view of the ground level unit entrance walkway.
Photograph 28: Typical view of a walkway sen ing the upper level floors.
1505 Belvedere Road- West Palm Beach. Florida
PENTA Project No. 11-1-1082
l'hotog.r<lphs. Page 14
Photograph 29: View of a typical stairwell serving the upper level walkways.
Photograph 30: Typical view of a unit entrance.
1505 lklvedere Road- West Palm Beach, Florida
PENTA Project No. 11-l-1082
Photographs, Page 15
Photograph 31: View of a typical window sill with HVAC louver underneath.
Photograph 32: View fo the entrance to the leasing area.
1505 Belvedere Road- West Palm Beach. Florida
PENTA Project No. 11-1-1082
Photographs, Page 16
Photograph 33: View of the breakfast area adjacent to the leasing area.
Photograph 34: View of the sitting area adjacent to the leasing area.
1505 Belvedere Road- West Palm Beach, Florida
PENT A Project No. 11-l-1082
Photographs, Page 17
Photograph 35: View of a typical management office.
Photograph 36: View of a typical guest room interior.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 18
Photograph 37: View of a guest room ceiling at the location if an active roof leak.
Photograph 38: View of an additional guest room with an active roof leak.
1505 Belvedere Road- West Palm Beach, Florida
PENT A Project No. 11-1-1082
Photographs, Page 19
Photograph 39: View of the building elevator.
Photograph 40: View of the elevator interior.
1505 Belvedere Road- West Palm Beach, Florida
PENT A Project No. 11-1-1082
Photographs, Page 20
Photograph 41: View of the hydraulic system serving the elevator.
Photograph 42: View of the domestic water riser in the building.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 21
Photograph 43: View of the water boiler and associated expansion tanks,
Photograph 44: View of the domestiv hot water circulation pump.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 22
Photograph 45: View of a typical guest room bathroom.
Photograph 46: View of a typical lavatory with a new countertop.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 23
Photograph 47: View of a typical fire extinguisher.
Photograph 48: View of a typical fire water riser on the site.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 24
Photograph 49: View of a fire department connection at the building.
Photograph 50: View of a typical fire sprinkler.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 25
Photograph 51: View of a typical HV AC condensing unit.
Photograph 52: View of a typical HV AC air handling unit.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 26
Photograph 53: View of a typical HV AC through-wall packaged unit serving the guest rooms.
Photograph 54: View of water damage on the interior wall at the location of a reported
condensate drain leak.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. ll-l-1082
Photographs, Page 27
Photograph 55: View of electrical switchgear.
Photograph 56: View of exterior electrical outlets noted without GFCI protection.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 28
Photograph 57: View of the fire alarm panel.
Photograph 58: View of the fire alarm dialer.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. ll-1-1082
Photographs, Page 29
Photograph 59: View of a fire alarm pull station.
Photograph 60: View of a fire alarm hom and strobe assembly.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 30
Photograph 61: View of emergency lighting on the site.
Photograph 62: View of an area reportedly available for a compliant ADA parking space and
ramp.
1505 Belvedere Road- West Palm Beach, Florida
PENT A Project No_ 11-1-1082
Photographs, Page 31
Photograph 63: View of the site entrance. ADA modifications are likely warranted.
Photograph 64: View of the pool phone installed above the ADA required height.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-l-1082
Photographs, Page 32
Photograph 65: View of an accessible guest room vanity.
Photograph 66: View of an accessible guest room bathroom with a roll-in shower.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 33
Photograph 67: View of a water fountain in the leasing area installed at the ADA required
height.
Photograph 68: View of the paper towel dispenser in a common restroom above the required
ADA height.
1505 Belvedere Road- West Palm Beach, Florida
PENTA Project No. 11-1-1082
Photographs, Page 34

"
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MAPs
Map of 1505 Belvedere Rd, West Palm Beach, Florida I MapQuest
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Map of:
1505 Belvedere Rd
West Palm Beach, FL 33406-1501
All rights reserved. Use subject to License/Copyright
Notes
Page 1 of 1
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http:/ /wv:w .mapquest.corn!print?a=app .core.t715fb6f4b20781 d08fdb3 3 1 317/2011
Map of 1505 Belvedere Rd, West Palm Beach, Florida I MapQuest Page 1 of 1
mapquutt
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Map of:
1505 Belvedere Rd
West Palm Beach, FL 33406-1501
All rights reserved. Use subject to LicenseiCopyright
Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route
usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or
delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use
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Map of 1505 Belvedere Rd, West Palm Beach, Florida I MapQuest Page 1 of 1
Notes
Map of:
1505 Belvedere Rd
West Palm Beach, FL 33406-1501
mapquest
ol r H ~ ~ T t
All rights reserved. Use subject to LicenseiCopvright
Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route
usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or
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''


'
.'-.2:"";
POOUMENTS


r- ----.------
1
I

I
ZONEA9
1 ALI.EY (EL 13}
l
I
'""" : ..

..
1000

0 1000 FEET
-=---=::-- i
ill! HATIDNAL
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ill I
li/:::: !.- FIRM
i\i,\i !
!'i: :t: [ FlOOD INSURANCE RATE MAP
'rh: ,.; l'

I.JI''
'/ }I CITY OF !! .,,
i:ii!:!;'i[ WEST PALM BEACH,
!a
1
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1
i;j FLORIDA
. :J, PALM BEACH tOUNTY
,.::!,p:i[::)
::j: !:!I !!'II PANEL 20 Of 20
1! ISH: :I..';AP I NU .. X t=-0 R t>Ato; f:-U; NQ-:'" PR IN1' E !>!
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OIIIAR RD
ANDRE:WS RO
"i["!i :i
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n1: ''II:

.''!"'" .. ;,,
l".:!ill
COMMUMITYPANEL NUMBER
120229 0020 B
EFFECTIVE DATE:
1!;i
1
11;:_ r

==-======='
DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
FEDERAL INSURANCE ADM!NlSTAATION
MARCH 1, 1979
This is an officral copy of a portion of the abo.,.. referenced flood map. It
f' I: twas extracted using This. map does. not reflect ehangea
-- - ' or amendments which may haw. been made slbsequent to the date on the
title block. For the latest product information about National Flood Insurance
Program flood maps eheek the FEMA Flood Map Star<> at w..w.m,e.fema.gov
The
C i ~ f
West 'Palm CReach
"The Capital City of the Palm Beaches"
March 11, 2011
T.J. Treadwell
PENTA Engineering Group, Inc.
4000 Miller Court West
Norcross, Georgia 30071
PLANNING DEPARTMENT
P.O. Box 3366
West Palm Beach, Florida 33402
Telephone: (561) 822-1435
Fax: (561) 822-1460
Planning & Zoning Division
Re: 1505 Belvedere Road, West Palm Beach, Florida
P.C.N.: 74-43-43-29-00-000-5400
Zoning Confirmation Letter
Dear Mr. or Ms. Treadwell:
This letter is in response to your request for zoning confirmation regarding the property located
at 1505 Belvedere Road, West Palm Beach, Florida (P.C.N. 74-43-43-29-00-000-5400). The
referenced property is currently zoned Airport Commercial ("AC"), and has a Special Impact
Zone/Commercial ("SIZ/C") Future Land Use designation.
For additional information, the ZLDR may be viewed online at www.municode.com or visit the
City of West Palm Beach Planning Department website at www.citvofwpb.com/plan/index.htm.
All code enforcement inquires should be directed to the City of West Palm Beach Code
Enforcement Division (561) 822-1465. All permitting, occupational licensing and certificates of
occupancy need to be addressed with the City of West Palm Beach Construction Services
Department (561) 805-6700.
Ifyou have any questions, please contact me at (561) 822-1435.
Sincerely,
Linda Mia Franco
Senior Planner
F:\Pianning and Zoning\Zoning Letters\20 II \11-005-1505 Belvedere Road.doc
"An Equal Opportunity Employer"
City of West Palm Beach
Code Compliance Division
City Hall - 401 Clematis St - 3rd Floor
P. 0. Box 3366, WPB, Fl. 33402-3366
561-822-1465 Ph 561-822-1486- Fax
The
City
of
West Palm 'Beach
'The Capital City of the Palm Beaches"
Re: Your Request for Lien/Violation
Status under Code Enforcement
Property Address: 1505 Belvedere
Parcel Control # 74-43-43-29-00-000-5400
Please be advised that as of this date, the above referenced property has: NO outstanding
violations without fmes or liens
Please be advised that as of this date, the above referenced property has: NO outstanding
fines/liens.
The above information only reflects matters related to Code Enforcement.
Please contact the Construction Services Division at 561-805-6654 or dfulcher@wpb.org (Diane
Fulcher) for outstanding permits
Please contact the Finance Department at 561-822-1317 (Bobby Adams) for any fines I lien
payoffs, resolution lien payoffs, or invoice payoffs
Please visit the city's web site at www.cityofwpb.org to research properties
WFS1' PALM JJJEA.CH !FIRE RESCUE
!Fire Safety Inspection Repontmvoke
1/'elephone: (561) 804Q4724 Fax: (561) 8044774
JJFP-6 Rev 7/10
Mike Carsillo, &ttalion Chkf

Address
Building Use __ ..lt-fJ/cbLId-':

-------------Inspection
All viohBiilm(s) (IJYe to be corrected within 3() days
Address
0 Post 6" H xi" W numerical address visible from the street
0 Each apt/unit to be identified by 3" letters or numbers
D No violtztions were observed tJJt the tiom of this inspection
Fire Extinguishers
0 Install fire extinguisher (s) as needed
0 Mount extinguisher where it is available and less than 5'high
0 All numerical addresses should be of a color in contrast to the bldg 0 Provide service and tagging for all extinguishers
IEkctrical Housekeping and Stomge
0 Discontinue extension cords in lieu of permanent wiring 0 Clean filters, hood & duct system over cooking equipment
0 Repair junction boxes, electrical switches/wire splices 0 Remove storage from under stairs
VMaintain wiring in good condition or protect from damage 0 Remove storage within 2 'of ceiling
0 Voids in electric panel to be filled with approved spacers 0 Secure and ID compressed gas cylinder
0 Remove all storage within 30" of electrical panels 0 Remove storage from AIC equip, elevator & elect. rooms
J&ils Gewral Items
/
obstructions from exits, aisles, corridors & stairs
0
0
Unlock all required exit doors whenever occupied
Install or repair emergency lighting and/or exit signs
0 Repair door latches/self closer on the required doors
Fire hotection lflequire!IMnis
0 Post "NO SMOKING" signs in hazardous locations
o
Keep fire and smoke doors operational and clear
0 Maintain fire rated walls, stops, partitions and floors
0 Holes, walls and ceilings must be repaired and/or replaced
Fire Aklrm System
0 Install hard wired smoke alarm (s) /detectors (s)
0 Maintain a record of insp. & repairs for extinguisher system 0 Inspect, test & maintain records for fire alarm system
0 Alarm records shall be maintained and accessible 0 Fire Alarm System needs repair
0 Extinguishing syste'j'l does not provide proper coverage Fire Protection Requirements- Fire 1PuJmp System & getMD'aior
D A hood & duct system is required to cover cooking equipment 0 Inspect, test fire pump and maintain records
!Fire Protection Fire Sprirelder 0 Provide or repair emergency light in fire pump room
0
0
Maintain access to standpipes, hoses, valves & hydrants
test and maintain records for sprinkler system
0 Maintain access and repair FDC for couplings and caps
0 FDC not visible, post sign of 6" letters
0 ID system valves and secure in the open position
0 Remove all storage from within 18" of sprinkler head
0 Inspect, test and maintain records for generator
Key &xes aiB!A Key Switches (www.KntJJdJox.com)
0 Install a box/switch for emergency access at the gate
0 Install a box for emergency access to the structure/area
0 Provide proper key box for emergency access
......,
.,__ . / . . . ..r---- :// . )
Owner/1/'emnm Prim r;:;(/Uc'l l.t) ;v /I" 0 u. l) U) n 0' Sigmntwre(_ -V? j .. --.,_/ .. ) /
CIP(U ey.ii. ;f, o({i.(..J!, /{\ !Ht't(, l:) L: fi!.'C:J Ljd
M(;!,fre Clu:cks pt!!tyabk to West Palm &ach Fire &scue- Mail payrmFBt to P. 0. &x 3366, West Palm lfkacl; Fl 33402
Customer Service lESWVd!J:
Thursday March 3, 2011
BEST WESTERN
1505 BELVEDERE RD
WEST PALM BEACH, FL 33406
City of West Palm Beach
500 N DIXIE HWY
WEST PALM BEACH, FL 33401
Violation Notice
An inspection of your facility on Thursday October 21, 2010 revealed the violations
listed below.
ORDER TO COMPLY: Since these conditions are contrary to law,
them upon receipt of this notice. An inspection to determine
this Notice will be conducted on
you must correct
compliance with
at I I
If you fail to comply with this notice before the reinspection date listed, you
may be liable for the penalties provided for by law for such violations.
Violation Code Article Division Page Count
12.104. Exit Obstruction I 85
Exit in Managers office is obstructed and needs to have a clear path for exit
travel.
85.104. Abatement of Electrical Hazards 431
Outlet in kitchen needs to be pushed back into wall and properly secured.
1
1
X ______________________________________ __
CALDERON, SUE ELLEN
Inspector
0310312011 09:29
Guillermo Urbano
Occupant/Owner
Page 1
Best Western Palm Beach Airport- VENDORS
Cert
Dept/Item Vendor Phone# Ins Amount ExpDate
Engineering
ACRepairs GE (800) 770-4651
Animal Control (561) 233-1200
Boiler Stokes Electric
-
Cable Comcast #01641318398015 (561) 227-4278
--- -
Plumbing Cleary pluming $100,000 21-0ct-10
-----
Carpet Cleaning Fibercare
--------
(800) 726-5048 Yes $1,000,000 26-Apr-10
Code Enforcement WPB
--"--
(561) 822-1479
Concreate company Southgate (717) 755-9266 yes $1,000,000 1-0ct-10
Elevators Otis Elevator (800) 226-2828 Yes $1,000,000 1-Apr-11
Electrical: Parts/Supplies Grainger (561) 684-6895
Electrical: Parts/Supplies Maintenance Warehouse (800) 431-3000
Electrical Repairs Anthony Electric (954) 316-5959 Yes $1,000,000 1-May-11
Rep: Tony Barrow (954) 316-5959
Electrical Services Impact Eletrc. Serv Jason Intoppa $1,000,000 1-0ct-10
----
Company
FP&L (561)
Fire Alarm Equipment Edwards System Technology (954)
r-:---
Fire Alarm Monitoring ADT (Acct #112105483) (800) 228-832? Yes $2,000,000 1-0ct-10
c-----
WPB Office (800) 260-7776
,------ "''''''''''--
Fire Extinguishers ACUnited (954) 942-7210
-.
Fire sprinkler Wayne Automatic Fire Sprinklers (954) 917-3030 Yes $2,000,000 1-Sep-11
Garbage Pickup Waste Management (561) 822-2075
Gas Company Florida Public Utilities (561) 832-0872
Trucking ,Harvey Trucking Yes $1,000,000 11-Jan-10
Ice Machines
-1SmithCo
(561) 833-3793 yes $1,000,000 1-Jan-11
Landscaping (561) 881-1178 Yes $l,OOQ_1_QOO 6-Jan-11
...... - - ---
Laundry Equipment Yes $1,000,000 15-Nov-09
Locks, Door Abloy) (800) 225-8464
- --
Locksmith I Safe Godby S_3:fe & Lock (561) 540-6004
'
;
.... ----
Lot Next Door Wyst Palm Beach, LLC (732) 549-4200
PPVMovies Lodgenet/OpCommand (800) 835-7147 Yes i $1,000,000

Paint Maintenance Warehouse (800) 431-3000
------ --- -
Paint Sherwin Williams (561) 833-4666

Pest Control Ecolab (800) 325-1671
--
Rep: John Hart- cell (561) 644-6031
-----
Pest Control Massey's Yes $1,000,000 1-May-11
-----
Plumbing: Parts Maintenance Warehouse (800) 431-3000
-- --
Plumbing: Parts Plusco Supplies (561) 241-9666
Plumbing Service Roto-Rooter (954) 445-6510
... ---
Yes $2,000,000 1-Apr-11
Pool Diverse Pools Yes $1,000,000 1-May-11
-
Radios (2 Way) Express Radio, Inc (561) 967-5405
-----
Tony Puleo- cell 436-6263
Rinker Materials Bldg Property Manager: Jay Simon _(261) 820-8325
Roof Roofs Plus Yes $1,000,000 8-Jan-09
Storage Units West Palm Mini Store It (561)
'--
Tools, etc Maintenance Warehouse (800)
'!_Y"_Repair Techno TV (561) 533-9840j
Van :r_>etaiJing Wellons Detailing (561)317-6741i
-
Vending Machine Diloreto & Sons (561) 848-1000 Yes $1,000,000 1-Apr-10
1/24/2011
Best Western Palm Beach Airport- VENDORS
Vending Machine Coca-Cola j(212)948-4321F Yes $2,000,000 1-Nov-10
Vending Machine Pepsi-Americas Yes $2,000,000 1-Jan-11
Vending Machines (Snack) Universal Vending
Window Repair Specialty Glass (561) 471-0407 Yes $1,000,000 28-Apr-10
Seal Coating Howard (305)642-8407 Yes $2,000,000 24-Jul-10
Front Office
Airborne Express (877) 247-2676
Check Verification Telechek (800) 366-5010
Copier Service LAD/TGI Office Automation (800) 464-0384
Credit Cards AMEX: Merchant #4090 151150 (800) 528-2121
Credit Cards Discover: Merchant #60 1101413196617 (800) 347-1111
Credit Cards Mastercard: Merch #672517900 10 (800) 884-1167
Credit Cards Visa: Merchant #6725179001 0 (800) 884-1167
Credit Cards Diners: Merchant #0209017789 (800) 525-9040
Dry Cleaning Tropical Cleaners (561) 309-4466
Emergency -911
FedEx (800) 463-3339
Fire Dept. (561) 804-4700
Fitness I Gym Bally's: Patti Astor x204 (954) 763-8929
Hotel Maps I Biz Cards Howies Printing (561) 686-8699
Insurance: General Manning & Smith (800) 984-1201
Insurance: Worker's Comp
Internet Service iBahn
Nametags Quick Badge & Sign (800) 874-9293
Newspapers USA Today #000001227 (407) 859-2376
Office Supplies Office Depot
Police- WPB (561) 837-4000
------ ------
Police - Sheriff
-------- - . - .. -------- ----- -- -- -- ---- --- -----------

----- - -
.......
- -- ------ --------
Security Palm Beach ____
--- -
.....
I
.... -
Telephone: Equip & Svc Zestra Communications - Joe (800) 555-1412
----- ----------
(724) 624-0711
Uniforms Cintas (800) 864-3676
Tracy Kontos - cell (781) 864-4847
UPS (800) 742-5877
US Security JamesMury (561) 689-2133 yes $2,000,000 1-Aug-11
Housekeeping
Bed Comforters Spindle Company, Inc. (818) 957-0900
Supplies Guest Supply (800) 749-9023
Rep: Andrew Cutler (407) 674-4051
Chemicals Ecolab
Water Cooler Zephyhills (561) 262-1941
F&B
Coffee & Juice Royal Cup Coffee (800) 366-5836
Rep: Todd Stull
Convection Oven Equip Moffat, Inc. (800) 551-8795
Equipment Hubert #13801 (800) 543-7374
Food Sysco Foods #032259879 (800) 433-0340
Rep: Rob Saake - cell (561) 215-4223
Fruit Erneston & Sons (561) 832-2448
1124/2011
Municode Page 1 of 1
Sec. 94-141.-lntent.
The intent of the citywide commercial districts is to allow a variety of commercial uses in selected areas
throughout the city. The locations of commercial uses will vary depending on the intensity of use, existing patterns of
use and proximity to existing or anticipated residential development. The commercial districts also will allow a wide
range of commercial activities to be offered to city residents.
(Code 1979, 33-61)
Sec. 94-142.- General development standards.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Use restrictions. Use restrictions in the commercial districts are set forth in article IX of this chapter.
Parking and loading. Parking and loading facilities in the commercial districts shall be provided pursuant to
article XV of this chapter.
Landscaping. Landscaping in the commercial districts shall be provided pursuant to article XIV of this chapter.
Signs. Signs in the commercial districts shall be regulated pursuant to article XIII of this chapter.
Fences and walls. Fences and walls in the commercial districts shall be constructed pursuant to section 94-
302.
Installation of public utilities. All public utilities service connections, including telephone, cable and electric
distribution service in commercial districts shall be installed underground on all sites of 30,000 or more square
feet. Also, commercial uses subject to the site design standards of section 94-35 shall install all utilities
services connections underground.
Sidewalks. Sidewalks in commercial districts shall be constructed as follows:
(1) Minimum sidewalk width: five feet.
(2) Sidewalk paving requirements: All sidewalks shall be paved with concrete or other equally durable
impervious surface as approved by the city engineer.
Visibility at intersections. Visibility at all intersections of public rights-of-way in commercial districts shall be
provided pursuant to subsection 94-305(e).
(i) District regulations. Regulations governing the height, bulk, mass and placement of structures in all
commercial districts are provided in Table V-1.
(Code 1979, 33-62)
Sec. 94-147.- Airport commercial (AC) district.
Development standards for the airport commercial (AC) district shall be as follows:
(1)
(2)
Minimum Jot dimensions:
a. Lot area: 10,000 square feet.
b. Lot width: 1 00 feet.
Minimum setbacks:
a.
Front: 15 feet.
b. Corner: 15 feet.
c. Side: five/15 feet. (Five feet if building is 50 feet or less in height; 15 feet when abutting a
residential district or when building height is more than 50 feet but less than 60 feet; six feet
additional setback for each ten feet over 60 feet in height.)
d. Rear: 15 feet.
(3) Minimum building separation: 20 feet.
(4) Maximum Jot coverage by buildings: 60 percent.
(5) Maximum Jot coverage by impermeable surface: 85 percent.
(6) Minimum required open space and landscape areas for nonresidential use:
a. Minimum required open space area: 40 percent.
b. Minimum required landscaped area: 15 percent.
(Code 1979, 33-67)
Cross reference- Businesses and business regulations, ch. 22.
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Municode Page 1 ofl2
Uses
1.
2.
3.

5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Sec. 94-486.- Specific parking requirements; loading space requirements for individual uses.
Parking space requirements for individual uses shall be as set forth within Table XV-6. For uses not specifically
listed, requirements shall be the same as for the most similar use identified. Whenever two or more of the uses listed
in Table XV-6 are present on the same lot or in the same structure, the number of parking spaces required shall be the
sum of spaces calculated for each individual use.
TABLE XV-6
CITYWIDE PARKING REQUIREMENTS
City Center District District All Districts
ACCESSORY Efficiency=1.5 per unit, 1
GARAGE BR= 1. 75 per unit, 2 BR=2
APARTMENTS per unit plus 1 per 10
units for guests
ACCESSORY None
STRUCTURES
ADULT 1 per 250
ENTERTAINMENT
AIRPORTS, LANDING 1 per 1,000 of terminal
FIELDS, HELIPADS area
and HELIPORTS:
PRIVATE/PUBLIC
AND 1 per 300 1 per 250
fACCESSORY RETAIL
SALES RENTAL
STORES
1 per 300 1 per 250
MERCHANDISING
STUDIOS
ART AND DRAFTING 1 per 300 1 per 250
SUPPLY STORES,
INCLUDING PICTURE
FRAMES
BAIT AND TACKLE 1 per 300 1 per 250
SHOPS
BARBER AND 1 per 275
BEAUTY SHOPS
BARS AND LOUNGES 1 per 100
AND RELATED
ENTERTAINMENT
BATHROOM AND 1 per 500
KITCHEN
CONTRACTOR
SHOWROOMS
BOOK AND 1 per 300 1 per 250
STATIONARY
STORES
BOTANICAL 1 per 300 of office
GARDENS AND
ACCESSORY
OFFICES
BUSINESS AND 1 per 500
COMMERCIAL
MACHINE SALES
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15. CANDY, NUT AND 1 per 300 1 per 250
CONFECTIONERY
STORES
16. CATERING 1 per 500
ESTABLISHMENTS
17. CEMETERIES, 1 per employee
PUBLIC/PRIVATE
18. 1 per 4 seats principal
SYNAGOGUES AND place of worship, plus 1
OTHER HOUSES OF per 1,000 of all places of
assembly
19. CLINICS-PUBLIC AND 1 per 200
PRIVATE
20. CLUBS AND LODGES 1 per 200
WITHOUT A
RESTAURANT
21. COIN AND 1 per 300 1 per 250
PHILATELIC STORES
22. COMMERCIAL 1 per 300 1 per 250
COMPARISON
EXCEPT
OTHERWISE
LISTED
23. COMMERCIAL Convenience = 1 per 300 1 per 250
CONVENIENCE Personal service = 1 per
SALES AND 275
PERSONAL
SERVICES, EXCEPT
AS OTHERWISE
LISTED
24. COMMERCIAL, 1 per 300 1 per 250
SINGLE
DESTINATION USES,
EXCEPT AS
OTHERWISE LISTED
25. COMMUNICATION 1 per employee
!TOWERS
25.1 COMMUNITY 1 per 500
CENTERS
26. CONVENIENCE 1 per 300 1 per 250
STORES
27. CONVENTS, 1 per 4 seats in place of
MONASTERIES, AND assembly, 1 per 5 resident
SEMINARIES rooms
28. CULTURAL 1 per 300
FACILITIES, PUBLIC
lAND PRIVATE
29. DAY CARE None
FACILITIES,
ACCESSORY:
CHILDREN AND
FAMILY
30. DAY CARE 1 per employee for shift
FACILITIES: ADULT with most employees, 5
for visitors,
area
31. DAY CARE Parking as required by
_FACILITIES, principal use only
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Municode Page3 of 12
CHILDREN AS
ACCESSORY USE IN
HOUSES OF
WORSHIP,
SCHOOLS, BOTH
PUBLIC AND
PRIVATE
32. DAY CARE 1 per employee for shift
FACILITIES: with most employees, 5
CHILDREN AS visitor spaces,
PRINCIPAL USES area
33. DELICATESSENS 1 per 100
34. DEPARTMENT 1 per 300 1 per 250
STORES: MAJOR
35. DOCKS, ACCESSORY None
TO RESIDENTIAL
USES W/
CONTIGUOUS
RIPARIAN RIGHTS
'SECTION X)
36. DOCKS, ACCESSORY None
TO RESIDENTIAL
USES
W /NONCONTIGUOUS
RIPARIAN RIGHTS
(ARTICLE X)
37. DRIVE THROUGH 1 per employee for shift
FACILITIES, EXCEPT with most employees,
RESTAURANTS AS stacking lane to
PRINCIPAL USES accommodate 5 cars
38. DRIVE THROUGH 1 per employee for shift
FACILITIES FOR USE with most employees,
PERMITTED AS stacking lane to
SPECIAL USES, accommodate 5 cars
EXCEPT
REST AU RANTS
39. EXERCISE STUDIOS 1 per 500
AND HEALTH CLUBS
FACIAL AND SCALP 1 per 275
TREATMENT
SERVICES
141. FINANCIAL 1 per 250, 1 per drive-in
INSTITUTIONS, window plus stacking of
BANKS, SAVINGS ifive cars per window
AND LOANS, CREDIT
UNIONS < 3,000 SQ.
FT.
41.1 FINANCIAL 1 per 250, 1 per drive-in
INSTITUTIONS, r.vindow plus stacking of
BANKS, SAVINGS & ifive cars per window
LOANS, CREDIT
UNIONS > 3,000 SQ.
FT.
42. FLEA MARKETS 1 per 100 square feet of
retail space
143. FLOWER SHOPS 1 per 300 1 per 250
lAND FLORISTS
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FOOD AND 1 per 200
BEVERAGE RELATED
USES, EXCEPT AS
OTHERWISE LISTED
!45. FOOD STORES OR 1 per 300 1 per 250
SUPERMARKETS
OVER 10,000 SQ.
FT.
46. FOOD STORES: 1 per 300 1 per 250
sPECIALTY
FUNERAL HOMES, 1 per 4 seats, plus 1 per
!MORTUARIES, AND 275 office space and 1 per
CREMATORIES vehicle
[48. FURNITURE 1 per 500
REFINISHING AND
REPAIR
149. GAME ARCADES 1 per 300 1 per 250
50. GIFT, NOVELTY, 1 per 300 1 per 250
SOUVENIR AND
SUNDRY SHOPS
51. GOVERNMENT 1 per 200
FACILITIES NOT
OTHERWISE LISTED
52. GREENHOUSES: 1 per 1,000
COMMERCIAL
53. GROUP HOMES 1 per 6 beds (residents), 1
frvPE 1/NURSING per 10 beds (guests), 1
HOMES per 300 sq. ft. of office,
50 percent reserve
parking allowed
53.1 GROUP HOMES 1 per 6 beds (residents), 1
frvPE II/NURSING per 10 beds (guests), 1
HOMES per 300 sq. ft. of office,
50 percent reserve
Jparking allowed
54. GROUP HOMES 1 per 6 beds (residents), 1
frvPE Ill/NURSING per 10 beds (guests), 1
HOMES per 300 sq. ft. of office,
50 percent reserve
parking allowed
55. GROUP HOMES 1 per 6 beds (residents), 1
ifYPE V/NURSING per 10 beds (guests), 1
HOMES per 300 sq. ft. of office,
50 percent reserve
parking allowed
56. GUN CLUBS AND 1 per 500
SHOOTING RANGES
57. HARDWARE, PAINT, 1 per 300 1 per 250
GLASS AND WALL-
PAPER STORES
58. HOME None
OCCUPATIONS,
ACCESSORY TO
RESIDENTIAL USES
59. HOSPITALS-PUBLIC 1 per 2 beds, plus space
lAND PRIVATE o accommodate 2
!ambulances at ER
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Municode Page 5 of 12
entrance, plus 1 per staff
doctor
60. HOTELS AND 1 per room, 1 per 5 rooms
MOTELS or employees, 1 per 1 00
pf meeting space, 1 per 4
ifixed seats. Other uses as
required.
60.1 HOTELS AND 1 per room, 1 per 15
LIMITED rooms for employees
61. INDUSTRIAL USES 1 per 500
HAVING MODERATE
EXTERNAL IMPACTS
62. INDUSTRIAL USES 1 per 500
HAVING
SIGNIFICANT
EXTERNAL IMPACTS
63. INDUSTRIAL USES 1 per 500
HAVING VERY
SIGNIFICANT
EXTERNAL IMPACTS
64. INDUSTRIAL TYPE 1 per 500
USES HAVING
MODERATE
EXTERNAL IMPACTS
65. INDUSTRIAL TYPE 1 per 500
USES HAVING
SIGNIFICANT
EXTERNAL IMPACTS
66. INDUSTRIAL TYPE 1 per 500
USES HAVING VERY
SIGNIFICANT
EXTERNAL IMPACTS
67. INTERIOR 1 per 275
DECORATORS
68. 1 per 10,000 site area, 1
SALVAGE YARDS 'per 300 office
69. LAKES AND PONDS None
70. LAUNDRY AND 1 per 250
CLEANING
ESTABLISHMENTS:
CLEANING ON
PREMISES
71. LAUNDRY AND DRY 1 per 300, 1 per drive in
CLEANING window, stacking lane of
ESTABLISHMENTS 3 cars per window
SERVING PRIMARILY
lfHE PUBLIC: COIN
OPERATED, NO
CLEANING ON
PREMISES
72. LAUNDRY AND DRY 1 per 250
CLEANING
ESTABLISHMENTS
SERVING PRIMARILY
THE PUBLIC: COIN
OPERATED
73. LIQUOR AND PARTY 1 per 300 1 per 250
STORES
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74. LOCKSMITH AND 1 per 300 1 per 250
KEY
ESTABLISHMENTS
75. lMA-ILING SERVICES 1 per 300 1 per 250
75.1. 1 per slip, 1 for every 4
COMMERCIAL [Qnt docks
76. 1 per 500
INDUSTRIAL
ESTABLISHMENTS
77. MARINE: RETAIL 1 per 500
SALES AND SERVICE
78. !MA-RTIAL ARTS 1 per 300 1 per 250
STUDIO
79. !MINING AND None
EXTRACTIVE USES
80. !MOBILE HOME 1 per 500
SALES, RENTAL AND
SERVICE
81. !MONUMENT SALES 1 per 500
ESTABLISHMENT
82. !MOTION PICTURE 1 per 1,000
STUDIOS
83. !MOTOR VEHICLE 3 per service bay
FUEL SALES AND
SERVICE (GAS AND
SERVICE STATION)
84. !MOTOR VEHICLE 1 per 300 1 per 250
PARTS AND
!ACCESSORY STORES
85. !MOTOR VEHICLE 3 per service bay, 1 per
REPAIR: HEAVY 500 enclosed area
(INCLUDING BODY
REPAIRS AND
PAINTING)
86. !MOTOR VEHICLE 3 per service bay, 1 per
REPAIR: LIGHT 500 enclosed area
(EXCLUDING BODY
REPAIRS AND
PAINTING)
87. !MOTOR VEHICLE 1 per 500 enclosed area,
SALES AND RENTAL 1 per 1, 500 outdoor
(NO SERVICE) area
88. MOTOR VEHICLE 1 per 500 enclosed area,
SALES AND SERVICE 1 per 1 , 500 outdoor
AGENCIES storage area, 1 per 3
:service bays
89. MOTOR VEHICLE 1 per 300 1 per 250
TITLE AND TAG
SERVICE
90. !MOTORCYCLE SALES 1 per 500 enclosed area
AND SERVICE
91. MUSIC AND DANCE 1 per 500
STUDIOS
92. NEWSPAPER 1 per 500
DISTRIBUTING
!AGENCIES
93. NEWSPAPER AND 1 per 300 1 per 250
SHOPS
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Municode Page 7 of 12
94. NONCONFORMITIES: None
MINOR TO MINOR
CHANGE
95. NON CONFORMITIES: None
MAJOR TO MAJOR
CHANGE
96. NONCONFORMITIES: None
REDUCE IMPACT OF
[MINOR USE
97. NON CONFORMITIES: None
REDUCE IMPACT OF
[MAJOR USE
98. NURSERIES: RETAIL, 1 per 500
FOR THE SALES OF
PLANT MATERIALS
GROWN OFF-SITE
99. OFFICE AND 1 per 400 1 per 350
RELATED USE:
INCLUDING
BUSINESS SERVICES,
EXCEPT AS
OTHERWISE LISTED
100. OFFICE SUPPORT 1 per 400 1 per 350
RETAIL NOT
OCCUPYING MORE
!THAN 10 PERCENT
OF THE GROSS
SQUARE FEET
101. OFFICES: 1 per 400 1 per 100
GOVERNMENT
!ADMINISTRATIVE
101. OFFICES: A) 1 per 300 lA) 1 per 100
PROFESSIONAL: A) B) 1 per 400 B) 1 per 350
MEDICAL AND
VETERINARY; B)
PROFESSIONAL AND
BUSINESS
103. OFFICES OR 1 per 400 1 per 350
FACILITIES,
QUASIPUBLIC
!ASSOCIATIONS AND
ORGANIZATIONS
NOT-FOR-PROFIT
104. RESERVED
105. OFFICES FOR THE 1 per 500
HIRING OF
!TEMPORARY
NONMANUALLABOR
106. OUTDOOR STORAGE 1 per 1,000
FACILITIES FOR
FAMILIES AND
BUSINESSES
107. PARKING GARAGES None
AS PRINCIPAL USE
108. PARKING LOTS AS None
PRINCIPAL
ACCESSORY OR OFF
-SITE USES
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Municode Page 8 ofl2
109. PARKING/STORAGE article IX of this
OF RECREATIONAL

IN
RESIDENTIAL
DISTRICTS
109.1 PARKS, None
NEIGHBORHOOD
AND URBAN OPEN
SPACE
110. PAWNSHOPS 1 per 300 1 per 250
111. PET GROOMING 1 per 300 1 per 250
ESTABLISHMENTS,
BUT NOT KENNELS
112. PHOTOCOPYING 1 per 300 1 per 250
SERVICES
113. PHOTOGRAPHIC 1 per 300 1 per 250
STUDIOS SERVICING
PRIMARILY THE
PUBLIC
114. POST OFFICES 1 per 300
115. PRIVATE USE ON Parking depends upon use
PUBLIC (CITY
OWNED) LAND
116. PRINTING AND 1 per 300 1 per 250
TYPESETTING
SERVICES
117. PRODUCE MARKETS 1 [>_er 500
118. PUBLIC SAFETY 1 per 500
FACILITIES
OPERATED BY
PRIVATE AGENCIES
119. PUBLIC SAFETY 1 per 500
FACILITIES
OPERATED BY
PUBLIC AGENCIES
120. RADIO AND 1 per 1,000
lfELEVISION
BROADCASTING
STUDIOS AND
FACILITIES
121. RAILROAD 1 per 500 of office
SWITCHING AND
MARSHALING YARD
122. RECREATION: lA> bowling alley: 5 per
INDOOR lane, plus other uses as
required
B) other uses as required
by the planning and
administrator
123. RECREATION: !A) golf course: 4 per
OUTDOOR, green, 1 per employee, 1
GENERAL per 500 of clubhouse
(excluding cart and bag
storage
B) other uses as required
by the planning and
zoning administrator
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Municode Page 9 of12
124. RECREATION: As determined by the
OUTDOOR, HIGH planning and zoning
INTENSITY (ldministrator
125. RECREATION: As determined by the
OUTDOOR planning and zoning
administrator

126. RECREATION: 1 per seat
STADIUMS/SPORTS
J\REA
127. REPAIR SHOPS FOR 1 per 300 1 per 250
HOUSEHOLD
APPLIANCES/SMALL
MOTORS/MACHINES
128. RESEARCH AND 1 per 300
DEVELOPMENT
FACILITIES NOT OF
INDUSTRIAL
NATURE
129. RESEARCH AND 1 per 300
DEVELOPMENT
FACILITIES OF AN
INDUSTRIAL
NATURE
130. RESIDENTIAL: 1 per 2 beds, 1 per 10
FRATERNITIES AND beds for employees
SORORITIES
131. RESIDENTIAL: Efficiency: 1 per unit Efficiency: 1.5 per unit
MULTIFAMILY 1 BR: 1. 25 per unit 1 BR: 1. 75 per unit
2 BR: 1.5 per unit 2 BR: 2 per unit, 1 per
(Applies to the Northwood
!Master Plan Area)
1 0 units for guests
132. RESIDENTIAL: 1 per rental room, 1 per
ROOMING AND 10 rooms for visitors
BOARDING HOUSES
133. RESIDENTIAL: 2 per unit
SINGLE-FAMILY,
DETACHED
134. RESIDENTIAL: 2 per unit
SINGLE-FAMILY,
ATTACHED
135. RESIDENTIAL: residential:
rrOWNHOUSES multifamily
136. RESTAURANTS: 1 per 200
SERVING A LIMITED
CLIENTELE
(PRIVATE
CLUBS/LODGES)
137. REST AU RANTS: 1 per 100
SERVING THE
GENERAL PUBLIC,
BUT NOT DRIVE-IN
OR THROUGH
138. REST AU RANTS: 1 per 100
SERVING THE
GENERAL PUBLIC,
DRIVE-IN OR THRU
139. RET AIL BAKERIES 1 per 300 1 per 250
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140. RETAIL BUILDING 1 per 500
MATERIAL SALES
WHICH HAVE A
VERY SIGNIFICANT
EXTERNAL IMPACT
141. RETAIL BUSINESSES 1 per 300 1 per 250
142. SHOPS 1 per 100
SNACK BARS
143. SATELLITE None
RECEPTION DISHES:
PRINCIPAL OR
ACCESSORY USE IN
COMMERCIAL
DISTRICTS
144. SATELLITE None
RECEPTION DISHES:
ACCESSORY IN
RESIDENTIAL
DISTRICTS
145. sCHOOLS: High school: 1 per 10
PUBLIC/PRIVATE, student stations above
ELEMENTARY AND grade 9, 1 per
SECONDARY acuity/staff members, 15
for visitors; middle/jr.
high: 1 per faculty/staff
member, 10 for visitors
see
middle/jr. high, 5 for
rtisitors
146. SCHOOLS: PUBLIC 1 per 2 student stations, 1
VOCATION AND per faculty/staff member.
TRADE, INVOLVING 1 per 4 seats in places of
INDUSTRIAL 20 for visitors
EQUIPMENT
147. SCHOOLS: PUBLIC 1 per 2 student stations, 1
!vOCATION AND per faculty/staff member.
ifRADE, NOT 1 per 4 seats in places of
INVOLVING assembly, 20 for visitors
INDUSTRIAL
EQUIPMENT
148. SCHOOLS: 1 per 2 student stations, 1
COMMERCIAL, per faculty/staff member.
0CATION AND 1 per 4 seats in places of
TRADE, INVOLVING assembly, 20 for visitors
INDUSTRIAL
EQUIPMENT
149. SCHOOLS: 1 per 2 student stations, 1
COMMERCIAL, per faculty/staff member.
VOCATION AND 1 per 4 seats in places of
TRADE, NOT assembly, 20 for visitors
INVOLVING
INDUSTRIAL
EQUIPMENT
150. SCHOOLS, 1 per student station, 1
COLLEGES, AND per faculty/staff member,
UNIVERSITIES: 1 per 4 seats in places of
PUBLIC/PRIVATE 20 for visitors
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151. WASTE AND 1 per 1,000
RECLAIMED
TERIAL TRADE
152. AND BOAT 1 per 500
BUILDING REPAIR
153. SPECIAL None
NONCOMMERCIAL
EVENTS OF PUBLIC
INTEREST
154. SWIMMING POOLS: None
ACCESSORY TO
RESIDENTIAL USES
155. SWIMMING POOL 1 per 1,000 enclosed sales

156. lfAX RETURN 1 per 400 1 per 250
PREPARATION
SERVICES
157. !f AXIDERMISTS 1 per 500
158. TEMPORARY None
BORROW PITS,
BORROW SIMILAR
EXCAVATIONS
159. TEMPORARY MODEL
DWELLINGS AND
SALES OFFICE
160. lfEMPORARY 1 per 300
OFFICES AND
FACILITIES FOR
CONSTRUCTION,
STORAGE/SECURITY
161. TEMPORARY
PRODUCE STANDS
162. THEATERS: 1 per 4 seats
INDOOR, MOTION
PICTURE AND LIVE
PERFORMANCE
163. lfOBACCO SHOPS 1 per 300 1 per 250
164. lfRANSIT STORAGE 1 per 1,000
MAINTENANCE
FOR PASSENGER
TRANSPORTATION
OPERATIONS
165. TRANSIT: 1 per 1,000
PASSENGER AND
FREIGHT
!TERMINALS
166. lfRAVEL AGENCIES 1 per 300 1 per 250
OR
!TRANSPORTATION
lfiCKETS
167. UPHOLSTERY, 1 per 500
CLOTH AND CANVAS
PRODUCTS:
FABRICATION, INCL.
SLIP COVERS AND
AWNINGS
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168. UTILITY FACILITIES: 1 per 500
Note:
HEAVY,
PUBLIC/PRIVATE
169. UTILITY FACILITIES: 1 per 500
LIGHT,
PUBLIC/PRIVATE
170. WAREHOUSING 1 per 2,000 sq. ft. up to
FACILITIES FOR 10,000 sq. ft., 1 for each
FAMILIES AND 4,000 sq. ft.
SMALL BUSINESSES pver 10,000 sq.ft. or
portion thereof, 1 per 350
ft. for office space or
!portion thereof
171. 1 per 1,000
HAVING MODERATE
EXTERNAL IMPACTS
172. WAREHOUSING 1 per 1,000
HAVING
SIGNIFICANT
EXTERNAL IMPACTS
173. WAREHOUSING 1 per 1,000
HAVING VERY
SIGNIFICANT
EXTERNAL IMPACTS
174. AND SHOE 1 per 300 1 per 250
REPAIR BUSINESS
175. 1 per 500
HAVING A

EXTERNAL IMPACT
176. WHOLESALE 1 per 500
HAVING A
SIGNIFICANT
EXTERNAL IMPACT
177. WHOLESALE 1 per 500
HAVING A VERY
SIGNIFICANT
EXTERNAL IMPACT
178. !YARD AND GARAGE None
SALES: TEMPORARY
179. TO None
OTHER USES, LAND
AND/OR
STRUCTURES TO
PRINCIPAL USES
PERMITTED BY
RIGHT
180. ACCESSORY TO
OTHER USES, LAND
AND/OR
STRUCTURES TO
SPECIAL USES
PERMITTED BY
RIGHT
Space per gross square feet unless otherwise noted.
(Code 1979, 33-175; Ord. No. 4081-07. 2. 10-22-07)
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