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REVIEW COMMENTS M'lr-0.1-Z001 10:33am From-COSS' ESIN ?,A, 30S-3ii-OZ44 _- T-5SS P 003/018 F-S1Z I ' / ~Il T1'1;'3 Instrument preparEla Oy \j Tnomas C. CooP, Esq, Cobb ~ E~M PA '399 raw First Avel'1ue MI~mi, FL 33130 T~lephone: :)05-~77.0223 Feb-t3-2001 03:40pI 01 ~0S6008 ORB 1 23 1 E: p~ E: 3 11111111111111111 m 1111111111111111111111111 tI III 1111 CORRECTIVE GRANT OF EASEMENT AND ACCEPT ANC~ . Nayrot RealtY Ltd., a Florida limired p~Trner)hip whose address is 4444 S~-Catherine ouesr. Suite 100, Wemnounc, Q\.l~bec H3Z lR2 C'Grantor") hel'eby grams UTIt<? Boynton Commet'~e Center Property Own~rs Association, Inc., a Florida corpoIil.tion none for profit h<iving an llddress at clo 4444 S~~ Catherine ouesc, Suite 100. Wesrmol.\m, Quebec H3Z lR2 ("Grantee"), and I~serves to itself and al1 fUl\.1re owners of an)' or aU of the land described on Ex.hibit "13" a.ttached hel'~tO, a perpetual nonexclusive eaSE:menr for ingress, egress, and utilities in and to the r~al propeny described 01) Exhibh "A" atUlch~ her~to (the "Rtplucement Easement Property"). Grant~e hereby accepts the foregoing easemem. This instrumem supersedes und replaces in its entirety [he Grant of Easement and Acc::epumce b~twet:n Grar1!or and Grantee dared as of February 1,2001 and filed for record on February 1-, 2001 in th~ publ1c records of Palm Beach CounC}', Floriclll, Tn Wi mess Whereof, [he parties have ex~cuted this instfllmem rhis 1st d.1y of February, 2001. NA YROT REALTY LTD., a Florida limited partn~rship By: Dnlfen Boymon IT ,Enterpris~s Inc., a CIlMdian . corporation, as its gener61! parmer BY~...f~ Murray D fen, President aOYNTON COMMERCE CENTER PROPERTY OWNERS ASSOCIATION. INC.. II Florida corporAtion none for profit By: '7M 1~ Murra.y Dalfen e ident - 1.\'rCC\OAU'~\".' ~~r~J>r1 r.,;~~\CGE^.OO (,...pJ Mar-~1-2001 10:33am From-COBB & EBIN P,A, 305-377-0244 T-695 P 004/018 F-912 ORB 12312 Pg 24 COMMONWEALTH OF CANADA ) )ss PROVINCE OF QUEBEC ) The for.:goins instrur:n~1lt waS sworn LO and subscribed before me this L day of Febru.nl'Y. 200l. by Murray Pal!en, :l$ the P\'esi&m of Dalfen Boynton l! Enterprises lnc" a corporation organi~ed under the f~dernt la wS ot Canada and luthori2ed to transact business in [he State of Florida, on behalf of lhat corporilrion, He is personnlly known to me. My commission ~xpires: r~ 1'1, ~ COMMONWEAL 111 OF CANADA) )ss PROVINCE OF QUEBEC ) The for~gojng insrrumem was sworn to and subscribed before me this t day of F~bruory, 2001, by Murrny Dalfc..l1, as rh~ President of Boyman Commerce Center Property Owners Asscciarion, Inc., II Florida co.-poratioo not for profl!. He is pmonnUy known to ID"L. prinrn#.::.I;t~ Comnmsion 9iOarhs My commission ~I\.pires; F~ I~ /;)#.:3 r~;;:';:,:~~ ~. m,56~ :i' 1.. ~ ~tI'" ~ '"O'!~l'\ ~~~~ 1L......~',c10\l\~\6' I \l'CC,D....Lrt!'< ,,, a,.<l<Ii'nnc,p":'.co oA-OOI,"'pJ .2- Mar-Ol-200l 10:33am From-COBB & EBIN P,A, 305-377-0244 T-695 P 005/018 F-912 uRB 12312 Pg 25 Consent of Mortgueee Mellon United National Bank, a national banking association (the "Mortgagee"), as the holder of the following mongages which encumber [he Easem~nt Property defined and d~scribed in this instrumenL (i) Mortgage Deed execut~d by rhe Mortgagor dated May 28, 1999, recorded June 3, 1999 in Official Records Book 11146, at Page 1643, of the Public Records of Palm Beach County, Florida. ns affected by Acknowledgment of Advance under Mortgage Providing for Future Advances recorded December 28, 1999 in Officiill Records Book 1 J 529, at Page 27, of the Public Records of Palm Beach County, Florida ("Mortgage 3B"); and (ii) Mortgage Deed dated May 28, 1999, recorded June 3, 1999 in Official Records Book 11146. at Page 1657, of the Public Records of P'llm Beach County, Florida, as affected by Acknowl~dgment of Advance under Mortgage Providing for Future Advances recorded December 28, 1999 in Official Records Book 11529, at Page 30. of the Public R~cords of Palm Beach County, Florida ("Mortgage 3C") (Mortgage 3B and Mortgage 3C ar~ collectively calkd the "Exisring Morlgages"); h~r~by consents to thiS instTumem and agrees rhat the liens and secunty interests of the Existing Mortgages shull be subordinate to the eas~ments granted in this lnstrument. . MELLON UNITED NATIONAL BANK, a national banking association By 17.__. 'VJI\ I C2.._ L 'A de J~CkertY v v v........,- - ) Executive Vice President STA TE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was ncknowl~dged before me this $ day of February, 2001, by James M. Dockeny, as Executive Vice President of Mellon United National Bank, a national banking association, He is pe::onallv known to..JPe or has produced as identification. ~'b"'<. Thoma. C Cotlb *~*My C()mml~$IQt'1 Cca07911 ''l,,::..' Explrea Marcl'127, 4'OQ3 NOTARY PUBLIC prin~(Itif;J My commission expires: I \TCC\OJ\I.rT:N\f'J, ylOl\PrI nc 1 r" i ICG 1:',", -00 I wpd -3- Mar-Q1-2001 10:33am From-COBB & EBiN P,A, 1:\TCC\D/\l.fof:.N\.".,raClPnncipul\CGEA.OO I wpcl 30S-377-0244 T-SQS P 00S/018 AS 1 23 1 2 Pg EXHIBIT "A'l Easement Property See anached two pages -4- F-Q12 2G Mar-Ol-Z00! 10:33am From-COBB & EBIN P,A, 30S-377-0Z44 __ T-S9S P 007/018 F-912 " SKETCH ~ DEsCRIPnON INGRESS & EGRESS EASEMENT BOYNTON COMMERCE CENTER PLAT BOOK 46, PG. 126 & '27 t~A- f~r.. / r; 1..- LAND DESCRIPTION: A portion of Porcel 38 &: Je, BOYNTON COMMERCE CENTER, cccordlng to the Plat thereof. as recorded In Plot 800k 46, Pages 126 and 127, in the Public Records Qf palm 8eclI::h County, ,Floridc, de~c:rlbed as follows: BEGIN at the southwe~t corner of scid Parcel .3Bi thence N02021'32"E, clang the west line of sold parcel 56.54 feet to 0 point on 0 ton gent curve c:ancave easterly with 0 rodlus of 525.00 feet ond 0 central angle of 03'05'21"; thence nQrtherl~ along the ore of said curve 28.30 feet; thence SBS'J2'20"E, 60.64 feet; thence 565'00'00 'E, 79.49 feet. thence SSa'32'20"E. 603.33 feet to 0 point on a tangent curve concave northwesterly with a radius of 20.00 feet ond centrQl Ql'1gle of 71 '27'25"; thence northerly along the arc of soid curva 24.94 feet to on i,.,tersectlon with an exlstrng 30 foot Ingress, Egress, & Utility Easement; thence 520'00',5"W, along SClid easement l' 0.75 feet to 0 point on a non-tongent curve concay!! southwe9terly with c rocHus of 20.00 teet ond centrQI angle of 108"32'35"i thence northwesterly along the arc of soid curve 37.88 feet; thence N8S'32'20"W. 684.22 feet to Cl point on Cl ton~ent ourve concave southeosterly with Q radius of 20.00 feet and q centrol angle of 89'06'08'; thence southerly along the qrc af soid curve 31.10 feet to on intersedlon with the west line of SOlq Pqrcel .3C; thence N02021'32"E. clong sqid parcel I1ne 31.63 feet to the POINT OF BEGINNING, NOTES: 1. ReproductIons of this Sketch ere not valid without the signature and the original raised seal of c Florido licensed surveyor ond mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible thct there ere Deeds, Easements, or other In~trumflnts (recorded or unrecorded) which may effect the sub]ect property. No search of the Public Records has been made by the Surveyor. ' .3. The lond description shown hereon was prepored by the Surveyor, .,., Data shown hereon was compiled from 1nstrum~nt(s) of record and Qoes not constitute a boundary survey. 5. Abbreviation Legend: ~ = Centerline; 6. = Centrol Angle; L = Arc Length: L.8. = LIcensed f3uslnass; a.R.B. = Offlcrel Records Book; P.S. = Plat 600k; P.8.C.R. = Pqlm Beoch County Records; P.L.S. = Professronal Lend Surveyor; P.O.B. ;::; Point of 8eglnning: P.Q.C. == Point of Comme"clng; R = Radius. 6. Bearir,g 80sls: with the West line of the Plot l10ving 0 beoring of N02"21'.32"E. m CERllFICA 110N: I HEREBY CERTIF'Y that the attached Sketoh and DescrIption of the hereon described property is true and correct to the best of my knowledge and belief 09 prepQred under my dIrection on Jonucry 09, 2001. I FURTHER CERTIFY tIot hi5 Sketch Clfld Description meets the Minimum Techn1ccl Standards set forth in Chapter 61 G1 -6, Florl~a Ad inistrctive Code, PUrsuCl"t to Section 472.027, Florido Statutes. ... J .....~ f~ !_-~~ -~---~ MICHAEL D, AVIROM, p.L.S. Florida Registrqiion No. 3268 A VIROM & ASSOCIATES, INC. L.S, No. .3300 AVIROM &A8S0CIATE1:fJ, INC. 8URVEYINO.le MAPPINC3 GO O,W, aNI:) AYIINUe. BUITa '0:2 IIOCA RATON. ~ORlDA lS848a JOB # 41 09- 27C DATE: Oi /09/0: "'PE!'l ~ __.. Q""'_~""'" REVISED: 02/29/01 ,...., lrr-T 1 "',.... ') 305-377-0244 __ T-S95 P 008/018 F-912 . , Mar-01-200l 10:33am From-COBB & EBIN P,A, - -------.-".. I I I I I I I I I I I I I I I I I I PARCEL 3D I I I I , , I I I I I I I I I I I I m . ~A 1~ ?ry1- ~ SCA~: 1.-1 CO' SKETCH & DESCRIPll0N INGRESS & EGf(ESS EASEMENT BOYNTON COMMERCE CENTER PLA T BOOK 46, PG. 126 & 127 N02'21'32"f N02'21',32"[ ~:OJ'05'2r 31 6J' 56 ~4' R-S25.09 . . L=28.~O CCJRPORA'Tr: DRIVE nt'Sr UN. wrsr L.I"'~ OF P"'~C{'l 1; ~ PI1RCrL JC S88'.J2'20"t 6.;;89'06'08/1 6'Hi4' R:20.00' L;;;;31.10' P.D.B. s. W CORNeR PARcn J8 PARC~L 3C ... i:.\)it s " ,',' ,',' ~ ~ ,:::/:)::,:'::::/'~?:' ~ ,i::::..:",: ~ ",'..,','.'.,'1' : :'::::..,?"~,~~:::'" ,:':: :: ',':~ , . . . PARCEL 38 . . . .. . . '. . '. ". .,'.' tI) \1;\({{'i; :t'ii/{:' - -I, ,".' I ." . ~=77'27'251J R~20,OO' L==24.94' ~:;::108'J2'35" R=20.00' JO' L=37. 89' II\IG',I?, ~ U17l/J';~s.cOIT'~Ss if~':I\I'" -I-. L -- - S<O~ 11 '() 'Is " 0. .?S' J1.' ~.0f8. AVIROM&ASapCIATES. INC. ~,I?O SURVEYING & MAPPING GO &W, ;aND AVCNU" 8UITI!I 1D2 ~~c~_ ~~ Tp_~ ~':?~l!!~ _ ~~~~~ __ - - JOB * 4109-27C DATE: 01/09/01 ~~ ~"'~.9, t1Aa nt'"' ",..,.."'-. -.. ~-,. ,-- ,., Mar-01-200110:33am From-COBB & EBIN P,A, 305-377-0244 T-S95 P 009/018 .18 123 1 2. Pg F-912 29 EXHIB IT "B" Lee:al Description of Revised Parcel 38 A portion of Parcel 3B & 3H, BOYNTON COMMERCE CENTER, according to the Plat thereof, as r~eorded in Plat Book 46, Pages 126 and 127 of [he Public Records of Palm Beach County, Florida, descl'ibed as follows: BEGIN at th~ northwest corner of said Parcel 3H; [hence du~ W~st along the north line of said Pared 3H and along th~ south line of Parcel 2, a distance of 308.85 f~~t; thence N02021'32"E, 404,61 fe~t to a point in the southerly right-of-way line of Woolbright Road, as shown in Pial Book 4, Page 85, Public Records of Palm Beach County, Florida; thence du~ East, along said southerly right-of-way line, 49,51 feet; thence S020t6'50"E, 16.42 feet; tht:nc~ NSr43'10"E, 29.32 feet; thence S02"21'32"W, 389.19 feet; thence S21007'56"W, 178 19 feet to a point of curvature of a curve concave westerly with a radius of 51400 feet and central angle of 16040'29"; thence southerly along thi: arc of said curve, 149.59 feet to a point of reverse curvature of a curve concave easterly with a radius of 525.00 feet and a central angl~ of 13045' 11 "; thence south~rly along the arc of said curve 126.02 f~~t to n point of intersection with a non-tangent line (a radial line to said point bears N65 o56'46"W); thence S88032'20"E, along the norch lin~ of Parcel 3B, a distance of 179.10 fc~t to a poine of curvature of a curve conca W southerly with a radius of 1994,00 feet and a central angle of 18013'31"; th~nce southeas terly along th~ arc of said curve', 634,27 feet to a point on the east line of Parcel 3B and the west right-of-way line of the Seaboard Airline Railroad; thence S20000'15''W, along said west right-of-way line, 136.50 f~~t; th~nce N88032'20"W, 800,11 feet to th~ west line of Parcel 3B; lhenc~ N02021'32", along the said w~st line, 18.92 feet thence N88032'20"W, 166.02 feet to the west line of Parcel 3H; thence N02021'32"E, along said w~St line, 609.53 fe~t to the POINT OF BEGTNNING. .' Said l<lnds lying and situate in Palm Beach County, Florida. containing 359,928 square feet, 8.2628 acres, more or less, AND TOGETHER WITH a P~rpetLlal, Non-Exclusive Easement for Ingress, Egress and Utilities created pursuant to Plat of BOYNTON COMMERCE CENTER, record~d in Plat Book 46, at Page 126. as amended by the Deed and Easement Agreement r~fured to in and modified pursuant to that certain Agreement filed in Official Records Book 4736, at Pag~ 827, all rderred to in the Declaration of Restrictions fil~d in Official R~cords Book 9729. at Page 1874, as amended ~n Official Records Book 9929, at Page 807, of the Public Records of Palm Beach County, Florida. and describ~d as follows: Commencing at the Nonheast corner of Section 32, Township 45 South, Range 43 East, Palm Beach County, Florida; tht:nc~ due West (assumed), along said North line of Section 32, a distance of 112,84 feet to a point on the West Right-oE-Way line of the Seaboard Airline Railroad; thenc~ South 20000'15" West, along said Westerly Right-of-Way line, a distance of 764.69 fee:r; then North 69059'45" West a distance of741.01 fe~t 10 the Point of Beginning of the ingress, egress and utility ~asement to b~ herein described; thence South 21 007'56" W~st a distance of 178.19 f~~t to 11 pain! of curvature of a curve concave Westerly with n radius of 514,0 f~~( and a central angle of 16040'29"; thence Southerly along the arc of said curve 149,59 feet to a point of reverse curvature of a curve concave Easteriy with a radius of 525.00 feet and a central angle of 35026'53"; thence Southerly along the are of said curv~ a distance of 324.81 feet; to tangent; thene~ South 2021'32" West a distance of266.57 fc~t; thence North 88032'20" W~st a distance of 50,01 feet, thence North 2021'32" East a distance of 267.35 feel to a poinr of curvature of curve concave to the East; thence North along the arc of said curve having a radius of 575.00 feet and a central angle of 35026'53" a distance of 355.74 ft:et to a point of reverse cury.:uur~ of f\ curvt: concave to the West; thence North along the arc of said curve having a radius of 464.00 feet and a central al1g1~ of 35026'53" a distance of 287.07 f~et !o a point; thence :--;rorth 2021'32" Easr a distance of 404.61 feet [0 n point in th~ Southerly Right,of-Way line of Woolbright Road, as shown in Plat Book 4, Pilg~ 85, Public Records of Palm Beach County, Florida; thenc~ due East along said South~r1y Right-oF-Way line a distance of 49.51 feet; thence So~[h 2016'50" East a distance of 16.42 feet; thence North Sr43'10" East a distance of29,32 feer; thence South 2~21'32" West a distance of 389.19 feet to the Point of B~ginning. . I \'lCC\D,..LfEN\N"Y"'l\P"ncl~.IICGE^.OOI ...p<1 -5, Mar-01-200l 10:34am From-COBB & EBIN P,A, 305-377-0244 - T-S95 P 010/018 F-912 U$ l.~..51c Pg 3121 OO~urHY H. WILKEN, CLERK PB COUNTY, FL Together With: Le2al DescriDtion of Revised Parcel 3C AU of Parcel 3C. less that part of Parcel 3C which is described in deed recorded in Official Records Book 9151. at Page 571. TOGETHER WITH A PORTION OF PARCEL 3B, all in BOYNTON COMMERCE CENTER, according to the Plat thereof, as recorded in Plat Book 46, Pag~s 126 and 127, all in the Public Records of Palm Beach County, Florida, DESCRIBED AS FOLLOWS: COMMENCING at the southwest comer of said Parcel 3C; thence N02 021 '32"E, along th~ west I ine of said parcel 40.00 feet to the POINT OF BEGINNING; thenc~ continue N02 021'32"E along said west boundary of Parcel 3C and Parcel 3B, 230.59 feet; thence S88032'20"E, 800.11 feet [Q a point on the east line of snid Parcel 3B and the west right-of"way line of the Seaboard Airline'Railroad; thence 520"00' 15"W, along east bound:lry and w~st right-of-way line 323.51 feet to a point on a non-tangent curvature of a curve concave to the southwest, thence northwesterly along rhe arc of said curve, having a radius of 1534.00 feet a central angle of ]8007'47", an arc distance of 485.40 f~er: thence N88032'20"W, 223.51 feet to the POINT OF BEGINNING. Said lands lying and situate in Palm Beach County. Florida, containing 188.943 square feet. 4.3375 acres, more or less. TOGETHER WITH a Perpetual, Non"Exc1usi ve Easement for Ingres'S. Egress and Utiliti~s created pursuant to Plat of BOYNTON COMMERCE CENTER, record~d in Plat Book 46, at Page 126, as amended by the D~ed and Easement Agre~meJlt referred to in and modified pursuant to that certain Agreement filed in Official Records Book 4736. at Page 827, all ref~rred to in the D~clarntion of Resrrictions filed in Official Records Book 9729, at Page 1874, as amend~d in Official Records Book 9929, at Page 807, of the Public Records of Palm Beach COlmty, Florida, and described as follows: Commencing at the NOl1heast comer of Section 32, Township 45 South. Range 43 East, Palm Beach County, Florida; thence due West (assumed). along said North line of Section 31, a dist.:mce of 112.84 feet to a point on the West Right-of-Way line of the Seaboard Airline Railroad; thence South 20000'15" West, along said Westerly Right-of-Way line, a distance of 764,69 feet; thence North 69059'45" West a distance of 741,01 feet to the Point of Beginning of the ingress, egress and utility easem~nt to be herein described; th~nce South 21 "07'56" West a distance of 178.19 feet to a point of curvature of a curve concave Westerly with a radius of 514.0 feet and a central angle of 16040'29"; thence Southerly along the arc of said curve 14959 feet to a point of reverse curvature of a curve concave Easterly with a radius of 525.00 feet and a central angle of 35026'53"; thence Southerly along the arc of said curve a distance of 324.81 f~et; to tangent; th~nce South 2021'32" West a distance of 266.57 feet; thence North 88032'20" West a distance of 50,01 feet, thence North 2021 '32" East a distance of 267,35 feet to a point of curvature of curve concave to th~ East; thenc~ North along the arc of said curve having a radills of 575,00 feet and a central angle of 35026'53" a distance of 355.74 feet to a point of reverSe curvature of a curve concave to the West; thence NOlth along the arc of said curve having a radius of 46400 feet and a cerural angle of 3S 026'53" a distance of 287.07 feet to a point; thence North 2021'32" East a distance of 404,61 feet to a point in the Southerly Right-of-Way line of Woolbright Road, as shown in Plat Book 4, Page 85. Public Records of Palm Beach County, Florida; thence due East along said Southerly Right-oE-Way line a distance of 49.51 feet; thence South 2016'50" East a distanc~ of 16.42 fe~t; thence North 87"43'10" E::lst a distance of29.32 feet; thence South 2021'32" West a distance of 389,19 feet to the Point of Beginning, 1 :\TCC\Pf\Ll'pN\.... "/:Ol,i"inc ip..IICCEA.QO 1.\l<r~ -6- Mar-01-2001 10:34am From-COBB & EBIN P,A, 305-377-0244 _ T-695 P 011/018 F-912 Frb-07-2001 11:32aI01~047337 ORB 1 2299 Pg 1 725 111111111111111111111111111 JIIII 1111111111 1111111111111 \ This instrumal1! DrepBred by t. TnorT1~~ C. Cobb, E::sq. \!) Cobb &. Ebin P.A. 1 ~99 SW Flr~t Avenue Miami, FL 33130 T9Iephon~: 305.377.0223 GRANT OF EASEMENT AND A.CCRPTANCE Nuyror RC.1h)' uti., il Florida limiled partnership whose address is 4444 Ste.Cath~rifLc oueSl, Suile: 100. Wt:S(moun!, Quebec H3Z lR2 ("Gramor") hereby gnmts unto Boynton (;ommt:rce Center Property Owners A~sociation, Inc., a Florida corporation nGne fur profit having an address at do 4444 Sre-Clirhcrine O~le.st. Suite 100, Weslmounc, Quebec H3Z lR2 ("Grantee"), and rescwes to its~lf and all future owners of any or all of the land cJesclibcu un Exhibit "S" attached herc(Q, a pc:rpetual noncxchl!live <:<l.')emenr tor ingress, egre::l!\, and ucilities in and to rhc real prnpt:rty dt:ll(;rib~d on Exhibit "A" ~ttacbed hereto (lh~ "Replacement Easement Pr()p~rty"), Gr:J.lll~ hereby accepb lh~ fmegoi ng ~asemellr. In Witness Wh~r~or. the panies have executed Ihi.~ l11smllnent this ht d..lY <)fFehruary, 2001. NA YROT REALTY LTD., a F101'jda limited pJrtncrsh i p By: Dalfen Boynton II Enlerpl;ses Inc., a C3113dian corpuraLl(Jn, as its general pllrLTl~T By: -?vi ~~ - M~IITay Daf n, Presithmt BOYNTON COMNfERr.R Cf.:NTER PROPERTY OWNERS ASSOCIATION, INC., i.l florid!! ~wrpor:!llon none for prol1l By, ~ ,~~ Murray D,dfen ?1'esHlcnl I II i.:'-\I.Mr,mNlN~Y,'Q"J'.j,..jl",hC;.E.-..,L()2 "'1'.1 . Mar-01-2001 10:34am From-COBB & EBIN P,A, 305-377-0244 _ T-S9S P 012/018 F-912 ORB :l 22'99 Pg 1 726 COMMONWEALTH OF CANADA) )ss PROVINCE OF QUEBEC ) The foregoing instnlmcnl w~s sworn lO and subscribed before me this ~f:ay of 2001. by Murruy Dalfen. 01$ the President of Dalfen Boynton n EmeI1?rises Inc., a C,:(lrporatio organized under the fcdc~l laws 01 Canada and aulhorized ttJ lr..~nsact busine~s in the Stale of Floridil. all b~halJ ot' that l:orporarion. He is personally known to me. My commiliSioi1 expil\:~: ~~:? /~ ~~ COM'MON\VEAL~l'H OF CANADA) )ss PROVINCE Of QUEBEC ) The foregoing irl:;lfument was SWLlm to and subscrib04 befor~ me rhi1i zJ;:y of /i4<-~~ 2(101. by M.UT.lY Dalfcn, :1S ln~ President of Boynton Commerce C(:nter Propelty Owner! AS.:il.lc,;ii.ltioT'l, fl'c.. ~ FlOric.l.l cnrporatioIl nOl for profit. .I-Ie is p~' unally known to me. r:~~ r';':'~''''''~''~'' I,,, ,,~~, I RACWl kl;I:'";~ l ) ",'11 ~ ~ J.d, SCJ. ~ '\\{:. ""-':'0/. ('" \ ,(I;" ~ql('jil O\"~~tV My eorruni" ion .<pires: 4""1 ;;~ 1'\'rCt.:\lJ...., .r:r:~."'!)'(O.'J', ",.il,,~C.I:!.\,OO2. "'~.. -2- Mar-Ol-Z00l 10:34am From-COBB & EBIN P,A, 30S-377-0Z44 T-S9S P 013/018 F-91Z uRB 12299 Pg 1 727 Consent of Mortl!3f!,ee Mc:llon Unil~d Narion.tl Bw, a n<ltionnl banking "ssO<.;iatiol1 (tb~ "Mortgagee"), &1.'i the holder of ~he following mor~gages -whil.:h enc~lInher the Easement Properly defined and describt:d in this instrumt:nt: (i) Mortgage;: Deed cxc~uted by the MortgagoI' d.\lcu May 28, 1999. recorded June ~. 1999 in Ofticinl R~ords Book 11146, at P~g~ 1643, ot' lhe Public Records of Palm Beu<.:h County, Florida, us aftcxied by Acknowl~dgment ot Advunce under Mnrtg6l.ge Providing for Future Advilnt:~s record~d December 28, 1999 in Officioll Records Book 11529, at Pags.; 27, of the Public R~cords of Palm Beach Cuunty, Plondii ("Mortgag~ 3B"); and (ii) Mongage Deed dated May 28,1999, recorded Jlln~ 3, 1999 in Official Rr:=cord$ Book 11146, at Page 1657, of the Publit,; Records of Palm Beach County, Florida, itS affected by Ac:knowledgmelH of Advance under Mortgage Providing for Future Advances recorded Dcccmher 28, 1~~9 In Officiul Records Book 11529, at Page 30, or the Public Records CJf Pulm Beach County. P1Nid:l CMong.lg~ 3C") (Mortgage 3B <l.nd Mortgage 3C:lr~ collectively called tho "E;c.iliting Mortgag~s"); hereby consents to rhis instrument and agr\:~s tlHH the licm and s\:curity inter~HS of lh~ Ex i~ling Mortgagc!\ shall he subordin~lle to the easements gmm~d in thisinscrum~nt, MEll..ON UNITED NATIONAL BANK, U national baJlking :\ssociat;OI1 By: (1_ n 1'Y\. ~ ~60CkCr[y execuri vI:: Vice P,esidem ST ^ TE OF fLORIDA COUNTY OF MIAMI-DADE Th~ foregoing inSTl'Umenl was acknowledged befure me this 6ft. duyof j~ ,~J 2001. by Jarnc;:~ M, Dockerty, as Exc:cutivc Vice Presidf;Tll or Mellon Uni1.t:d Narional Bank, rt nation,ll banking association. He is personnlly known co me or has prodlJct:d i:IS identification, ~ ,,' ~ Thomu C ~ *'tVj *M-i Comt'l1jqjon CC807QU ~"'~ Ellp+res MlII'Ctl v, 2~ NOTARY PUBLIC ~e~);l, Pri 11 t N ~lIne My c.;ommis~iClTl expires: I \'J C( ~n,..1 rl?,.,\~.t"'llI'ti IW:1P/l1''';~'' .DOZ, W(lG_ ~:1- Mar-01-Z00l 10:34am From-COBB & EBIN PIAl r:\T<~C\l:l^..."'I~I'<IN'\J'rot\f,; ,,,il"'!Il.. A.Cl.i2 ,1"1\<'1. 305-377-0Z44 T-695 P 014/018 F-9iZ uRB 12299 Pg 1728 ":XInBJ1"'./\" J!nsement Prop~rtv See :llLuched fWO pages -4- Mar-01-2001 10:35am From-COBB & EBIN P,A, 305-377-0244 __ BOYNTON COMMERCE CENTER PLAT BOOK 46, PG, 126 &: 127 T-695 P 015/018 F-912 ~~e I LAND DESCRIPTION: A portion of Parcel J8 & Je, BOYNTON COMMERCE CENTER, according to the plet thereof. as rt::corded in Pia t Book 46, Pages 126 and 127. in the Public Records of Pol", Beech County. Florida, described os follows: c: :::l t:I BEGIN at the southwest corner of said Parcel 38; thence NOZ'2,'32"E, along the west line of said parcel 56.54 feet to a point on a tangent curve concave easterly with 0 radius of 525,00 feet and a central angle of 03'05'21"; thence northerly along the arc of said curve 28,30 feet; thence S8S'J2'20"E, 60.64 feet; thence S65'OO'OO"E, 79.49 feet; thence S8S"32'20"E, 717.51 feet to 0 point on 0 tangent curve concave northwesterly with a rcdiu5 of 20.00 feet and centrol ongle of 71'27'56"; thence northerly along the arc of said curve 24,94 feet to an intersection with on existing 30 foot Ingress, Egress, & Utility Easement; thence S20'OO',5"W, qlong said eosement 110.75 feet to 0 point on Cl non-tangent curve concave southwesterly with a radius of 20.00 feet and centro! ongle of 10S'.32'.35"; thence northwesterly along the orc of ~aid c:urVd 37.89 feet; thence N88'32'2.0"W, 684.22 feet to 0 poir"it on 0 tangent curve concave southeasterly with Cl radius of 20.00 feet and 0 central oi"1gle of 89'06'08"; thence southerly along the arC of said curve 31.10 feet to an intersection with the west line of said Parcel 3C; th~nce N02'2"J2"E, along soiCl parcel line 31,63 feet to the POINT OF BEGINNINC, I- ~ r ~ ~ , \I: NOTES: 1. Reproductions of this Sketch are not volid without the .signature and the original raised seal of a Florida licensed surveyor ana mapper. 2, No Title Opinion or Aostroct to tt'1e subject property has been provided It is possible that there are Deeds, Eosements, or other instruments (recorded or unrecorded) Vlhich may aFfect the subject property No search of the Puclic Records hos been made by the Surveyor. . 3, The land description shown hereon was prepared by the Surveyor, 4. Doto shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey, 5, Abbreviation Legend: ~;;;; Centerline: 6 = Central Angle: L = Arc Length; L.B, = Licensed Business; O.R,B, == Official Records Book: P.G. ;= Plat Book; P.B,C.R. ~ Palm Beach County Records: P.L.S, =: ProFessional Land Surveyor; P,Q.B. ;;;; Point of Beginning; P.O.C. "" Point of Commencing; R ~ Radius. 6 Bearing Basis; with the West line of the Plat having a bearing of NOZ'21'J2"E. CERTIFICA -nON: I HEREBY CERTIFY that the ottoched Sketch and Description of the hereon described property is true end correct to the best of my knowledge ond belief as prepared under my direction. on January 09, 2001, I FuRTHER CERTIFY that t is Sketch and Description meets the Minimum Technical Standards set forth in Chopter 61017 6, orido Ad inistrative Code. pursuant to Section 472,027, Florida Statutes, ..... MICHAEL D. AVIROM, P,L.S. Florida Registration No. 3268 A VIROM & ASSOCIATES, INC. L.B. No. 3300 AVIROM &ASSOCIATeS. INC, SURVEYING & MAPPING eo 3.W. 21\10 AVENUE. SUITE '02 BOC,. AA,.ON, FLORIDA "3432 TEL. (SS1) 3Q~-2liO". flAX (~OH :3~"-7,~e ~2001 ..'01110'" & ASSOCIATES, IMC, ..~ RICf1T'S R~SERVE:D, JOB #4109-27C DATE: 01/09/0~ SHEET .....LOF _f.- L/(}... Mar-,01-2001 10:35am - " I I I I 1 I I I I I I , I ) I I J PARCEL 3D I / I I I I I I I J I I I I I I I / 6==0.3'0"2'" R=525.00' L=28.30' ~Sr PARe/IN!" OF "" .)8 S88"J2 '20 "E 60.64' From-COBB & EBIN P,A, 305-377-0244 - BOYNTON COMMERCE CENTER PLAT SOOK 46, PG. 126 &: , 27 N02'2f'3Z"E N02'21'J2"E .11.63' 56.'-1' CORPORA 7E DRIVE: ~s r LtN~ Of' PARCEL JC 6=89'06'08" R=20,OO' L=31.10' P.O,B. S w CORN~R PARCEL .38 PARCEL 38 , , , ~ , Q .~ ~ ~ ~ (f) .6. = 108 '32 '35" R~2o.00' .]0' L~.37.89' <f <./ WCReS lillT'r :.s; cc~ c~se"e~~l_ _ "" ,'. . " " " " .f. , "':/ :. ,I' . . .' . ' ~ '<i OJ " \Q .', . - Ii) r-..: I".. , , . . ,',:: ',j , . ',' , ... ~ PARCEL 3C ,'.' : . , ' C) . ,:,,: 5'< ~ ~ CO ~ <: ',,',', ~=71'27'26" R~20,OO' L=24. 94' S<'o CI. . / , '0 / S " O.?s' fI/ ~"Uy. A VIAOM & ASSOCIA TES, INC, 0-1~D SURVEYING &: MAPPING ao S.W. 2ND AVeNue, SUITE 10::! BOCA RATON. P~ORIPA 33.&82 TEL.. (8811 3g~-~(l~.., FAX (oell 3&04-7128 @2001 A'vIROI.l dt ASSOClATi:S. II<C:. All. RICHTS RES~R...m, - --46- T-695 P 016/018 F-912 ~-., I~ ( 1.- _",$r SCAI.t:: '..100' c :::c = ~ ru ru ~ ~ '0 IoCl ~ ...J VI S JOB II 4109-27C DATE: '01/09/01 SHEET-LOF _~_ Mar~01-2001 10:35am From-COBB & EBIN P,A, e:BIN 305-377-0244, -t_ T-S95 P 017/018 F-912 - "",,-__ -...., r!:l .... , ~.&. EXHIBIT "n" J.ej!al Descriotion of Revised Parcel 38 A ponion of Parcel 3B & 3H. BOYNTON COMMERCE CENTER, according to the Plat tht:reof, as record~d in Plat Book 46, Pag~s 126 and 127 of th~ Public Records of Palm Bcal;h Coun~y, Florida. described a~ follows: BEGIN at ~he northwest comt:r of said Parcel 3H; then<:e dij~ We:i~ along the nonh line of said Parcc::l 3H and along the sOuth Ime of Parcel 2. a distance of 308.85 feet; thence N0202l'32"E, 404.61 feel to a point in th~ southel'ly right-of- way line of Woolbright Road, as shown in PI..t BOGle 4. Page 85, Public Records of Palm B~ach County. Florida; thl!nce due East. along said southerly ri~ht-of-way line, 49,51 fl~et; thence sor 16'50"E. 16.42 fe.:t; thence N87043'lO"E. 29,32 feet: thence 502021 '32"W, 389,19 feet; thence S21 007'56"W, 178,19 feet to a poin~ of cllrvarure of a curvc concave wt:sterly wlth a radius of 514,00 feet and centt'al angle of 16040'29"; thence souLl1erly along the arc of said curve. 149.59 feet to ~ point of revel'S~ curvatun: of ~ curve concave easterly with a n\djus of 525.00 feet and a cen~al angle of 13045' 11 "; thence souTherly C\long the arc of said cut've 126.02 ft:~t to a point at intersection with a non-tangent line (a l'adlalliM to said point bears N65056'46"W); thence S88032'20"E, along the nonh It'1e ofP~ce13B, a disTance of 179,10 feet ro n point of curvature of a CLll'Ve concave southerly with a radius of 1994.00 fet:c and a cemral angle of 18013'31 "; thence southeasterly along the arc of said curve, 634,27 feeL to a point on the east line of Parcel 3B and the west righ~.of.W3Y line of the SeabO;lrd AIrline Railroad~ thence S2QoOO'15"W, along said west rigtn-of-wny line. 136,50 feet; th~nce N88 032'20"W. 800,11 feet to the west line of P.m:el 3B; thence N02 021 '32", along the said west line, l8.92 feet; th~nce N88032'20"W, l66,O2 feet ro the west Hne of Par cd 3H; thence'N02021'32"E. along said west line, 609,53 t'\!~t to the POINT OF BEGINNING, Said lands lying and ~ituate In Palm Beach County, Flonda, comainin~ 359.928 squar~ feet, 8.2628 acre~, more or less, AND TOGETHER WITH a Perpetual. Non-ExclusIve Easement fOf Jngresll, Egr~gs and Utiliti~s creat~d pursuant to Plat of BOYNTON COMMERCE CENTER, recorded in PI.u Boole 46. ar Page 126, as Olmended by Lhe Deed and Easement Agreement refen'ed to in and mOdIfied pursuant to that certl'lin Agreement filed in OWcial Records Book 4736, at Page S27, all referred to in the Declarmion of Restl'ictions filecl in Offici~1 Records Book 9729, at Page 1874. as amended in Official R~cords B()<>k 9929, at Page 807, of the Public R~cords of Palm Beach CounTY, Florida. and described as follows: Commencing ar the Northeast com~r of Section 32, Townllhip 45 South, Rang~ 43 East. Pi:ilm Beach COUnty. Florida; th~nce due West (assum~d). along said NOl1h line of St.;<:tion 32, a dis\ance of 112.84 fee~ to a point on the West Right- of-Way line of the Seaboard Airline Railroad; tht:m:e South 20000'15" West, along saie! Wt!sterly Right-of-Way line. a distance of 764,69 teet; then North 69059'45" Wc~t a distance of 741 ,01 feet to the Point of Beginning of th~ ingress, e&ress and utility easement to be herein de$crjb~d: thence Sourh 21007'56" West a distance of 178,19 feet to a point of Curvature of a curve concave W~sterly with a radiu.~ of 514.0 feet and a central angle of 16040'29"; thence SOijtherly along the arc of sale! Curve 149,59 feet to a point of reverse CUI'Vllture of a curve concave Easterly with a radiUS of 525,00 feet and a central angk of 35026'53"; thence Southerly along The arc of ~aid curve a dIstance of 324.81 feet; to t3ngem; thence South 2021'32" West a distance of 266,57 feet; thence North 88032'20" W~SI a distance of 50.01 fe~t, thence · Nonh 2021'32" EilSt a distance of 267.35 feet \0 a point of curvature of curv~ concave ro the East: thenc~ North alons the urc of said c;~rve having a rildius of 575,00 feet ancl a central angle of 35026'53" a distance of 355,74 feet to n point of reverse curvatl\re of a curve concave to the West; thence N011h along the arc of ~Elid curve having a radius of 464,00 feet and a cenU'~1 angle of 35026'53" a distance of 287.07 feet to a point; thence North 2021'32" East a distance of 404.61 feet to a point in the Southerly Right.of. Way line of Woolbright Road, ;lg shown in Plat Book 4, Page 85, Public R~cords of Palm Beach C{)unty. Florida; thence due East along said Southerly Right-of-Way line: a dIstance of 4951 feet; thence South 2016'50" Eilst a di~tanct: of 16.42 fect; thence North 87043'10" EasL a distance of 29.32 fel:t; thence South 2021 '32" West a di.,tanc~ of 389.19 feet to the Point of Bbglnning. To~~thcr With: I, \TCC\D^L.r-EN\N~>,(lll\rrir.cLp.lIGEA,OO;!, ~pJ -5- ~, L-j"'" t DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-079 RE: Michael W. Rumpf, Director of ~in~ and Zoning John A. Guidry, Utilities Director OM' LaurindaLogan, P.E., Civil Engineer ~ May 30, 2001 ~ Application tocAb'~~do~ acate Boynton Comm~er John T. Doogan of A virom & AssoeiMes TO: THRU: FROM: DATE: Attached please find the original Application to Abandon/V acate application and supporting documentation for the above referenced property. The Department of Engineering has no objection to the proposed abandonment and easement substitution, We therefore recommend proceeding with approval. Please feel free to contact Laurinda Logan, P.E., Civil Engineer, at x6482 if you have any questions. JAG:LAL/ck Attachments Xc: Janet Prainito, City Clerk C:\My Documents\Boynton Commerce Center, Application to Abandon-Vacate,doc ENGINEERING DEPT. 'I Di'I1.5 10_~ U W 11 i/~l..! , , IF. ll~ I '. ": FROM I (I" L" MAR - 5 2001 ; tl ; . !-.f .. . .- ::-:::':";:~ :SftED LETTERQJ) TO GIT17 Killen> GlITY ~l.nnK Janet Prainito, City Clerk ~~--....__~__~_...-,-~_:"'- ~ I ~).J ',1 U SUBJECT ABANDONMENT APPLICATION FOR 3/13/01 PLANNING & DEVELOPMENT BOARD MEETING - FOLD NO.9 or 10 MESSAGE Attached please find a copy of an application for a special purpose easement abandonment submitted for BO~lton Commerce Center. Please reyiew and advise of your recommendation for approval or disapproval in accordance with Chapter 22, Article III, Sec. 4, of the Boynton Beach Code of Ordinances. Please respond to the Planning Dept. with a copy to this office. Thank you. DATE 3/2/01 SIGNED \. ~L ~.t'_~.A REPLY See attachment FOLD FOR NO.9 FOLD FOR NO, 10 . WilsonJones<I!> DATE '5/10/01 SIGNED Laurinda Logan. Civil Engineer 44-902 . Triplicate SENDER: DETACH AND RETAIN YEllOW COPY, SEND WHITE AND PINK COPIES, RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY, 44-904. Quadruplicate .~.~ MEMORANDUM UTILITIES DEPARTMENT NO. 01- FROM: Michael".,Rumpf, Director of Planning and Zoning y Peter V. Mazzella, Asst. to the Director of Utilities John A. Guidry. Director of Utilities~' April 10, 2001 TO: THRU: DATE: SUBJECT: Easement Abandonment Application for Boynton Commerce Center I have reviewed the request by John Doogan of Avirom & Associates, Inc. for abandonment of the special purpose easement on the Boynton Commerce Center property owned by Nayrot Realty, and I have also met with Mr. Doogan to review the location of the City's existing utilities on the subject site. This office has no objection to the abandonment of the existing easement conditioned upon the prior dedication and recording of a properly configured easement over the existing City utilities. In meeting with Mr. Doogan, the proposed replacement easement required a minor addition to include an existing fire hydrant. He was to follow-through on the describing and dedication of that addition. Please copy this office, to my attention, when the replacement easements are submitted and recorded. Thank you for your cooperation in this matter. Attachment PVM Xc: John Guidry Peter Mazzella City Clerk File f,..:: :-----.. , ~ ') /r' 10'--;;--- " ~:R~:~l~ ------J ' , c _' "\;,n,r."t'r"'F~ " '---_,.. '. l r: o/:::\!, - -"-----:"'':!!2P IV, t NT ----- - ----......'-----... - TO RETURN IN A WINDOW ENVELOPE, PLEASE FIll IN NAME AND ADDRESS HERE AND FOLD AS SHOWN WITH THIS SIDE FACING WINDOW. -.",~,-- ",,-"--"- .", , " -- .- ~ ...;;;;.-" - FOLD , \ -' - "'- ----...'""- ,,~..../ '. Sent By: i - - - \..... ,.... 305 555 5555j Feb-6-01 1 :21PMj Page 2 ,---, (.~~:~) Prepared By: Thomas c. Cobb, Esq. Scharlin, Lanzetta, Cohen, Cobb and Ebin 1399 S.W. First Avenue Miami, Florida 33130 AFR-04-1997 2:32?1ll 97~ 118295 ORB 9729 pg 1874 .... 8.... I_I .. IJ\TCC\DAL~~'BOYNTON\DE~T.ooe 07/09/96 ',2~ pm QECLARATION QF RESTRICTIONS TfiIS DECLARATION is made as of February 29, 1996/ by Menorah Realty, Ltd., a Florida limited partnership ("Menorah"), Boynton Co~erce Center Prop.erty Owners Association, Inc., a Florida corporation not for profit (the "AssQl..:iation'l) I Boynton Commerce Center Limited partnership, a Florida limited partnership (the "Partnership") , and' Woolbrigh t Partners, a Flor ida. genera 1 partnership ("Woolbright") (Woolbright, the Association, the Partnership, and Menorah are collectively called the "DeclarantsU) . RECITALS A. Pursuant to dedication~ in that certain plat of Boynton Conunerce Center, recorded in Plat Book 46, pages 126 and 127, PUblic Records of Palm Dea.ch county, Florida (the "Plat"), the Association is the owner, and has responsibility for maintenance of, an ea$ement and/or fee interest in the property on Exhibit "All attached hereto and made a part hereof (the "Association Property") . B. Menorah is the owner of certain improved real property located in the area covered by the Plat, more particularly described on Exhibit "B" attached hereto and made part hereof (the "Menorah Property"). C. Woolbright is the owner ot certain real property located within the area covered by the Plat, more particularly described on Exhibit "c" attached hereto (the "Woolbright Property"). D. The partnership is the owner of certain real property located within the area covered by the Plat, more particulax:ly described on Exhibit liD" hereto (the "Partnership Property"). E. ThQ Menorah Property, the Woolbright Property, the Partnership Property, and the Association Property together constitute all of the property which is subject to and covered by the Plat (such parcels and such additions thereto as may hereafter be brought within the jurisdiction of the Association are hereinafter together called the "Property"). F. In order to insure proper and continued preservation, maintenance and operation of the p~ved roadways and other improvements to the area~ which constitute the Common Areas Sent By: 305 555 5555; Feb-6-01 1 :21PM; Page 3 ORB 9- ~9 rs -1875 (defined below), Declarants are desirous ot subjecting the Property to the covenants, conditions and restrictions hereinafter set forth, each and all of which are for the benefit of the Property and each present and futu~e owner and shall apply to and bind every present and future owner of the Property and their heirs, legal representatives, successors and assigns. NOW, THEREFORE, Oeclarants hereby declare that the Property is and shall be held, transferred, sold, conveyed, used and occupied subject to the covenants, conditions and restrictions hereinafter set forth: ARTICLE I DEFINITIONS capitali~ed defined terms not elsewhere defined in this Declaration shall have the meaning set forth below. Section l.l 'IArticles and By-Laws" shall mean the Articles of Incorporation for the Association which have been filed with th~ Florida Secretary of State, and the By-L~ws adopted by the Association. Copies of the Articles and By-Laws are available at the office of the ~6sociation. section :1..2 "Cornman Area" shall mean the Association Property and all other property (and interests therein and improvements thereon) now or hereafter owned by the Association for the common use and enjoyment of the Owners (defined below) . Section 1.:3 "Member" shall mean every member of the Association. The Articles require that each Member must be an Owner (defined below), and thut each Owner must be a Member. Section 1.4 "Membership Interest" shall mean membership in the Association appurtenant to ownership of any of Parcel (defined below) as more fully set forth in Section 3.1 hereof, together with all rights and obligations of membership as more fully described in this Declaration, the Articles and the By-Laws. Section 1.5 "Owner" shall mean qnd refer to the ~ecora owner (other than the Association), whether one or more persons or entities, of the fee simple title to any Parcel (defined below) including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 1.6 "Parcel" shall refer to each and every separately owned parcel of real estate which now or hereafter is part of the property. Section 1.7 "Public Records" shall meetn the public records of Palm Beach County, f'lorida, as recorded in the Clerk of the Court's office thereof. -2- Sent By: 305 555 5555; Feb-6-01 1 :22PM; Page 4 OPE 9/29 P9 1876 ARTICLE II OWNERS' PROFERTY ~IGHTS Every Owner shall have aright nnd easenlent of use and enjoyment in and to the Common Area for its intended purpose, which shall be appurtenant to and shall pass with the title to every Parcel, subject to the following provisions: (a) the right hereby reserved of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes; . (b) the right hereby reserved of the Association to grant permits, licenses, and easements over, upon, across and below the surface of the Common Area for utilities, roads, drainage and other purposes reasonably necessary or useful for the proper maintenance and operation of the Property; and (c) the right hereby reserved of the Association to require that each Owner provide at its own cost a survey of each Parcel owned by that Owner, certified to the Association by a registered land surveyor in accordance with applicable Floridu statutes, and certifying the gross acreage contained within each such Parcel. ARTICLE II! MEMBERSHIP ~D VOTING RIGHTS section 3.1 Membership. Every Owner of a Parcel shall be a Member of the Association. Membership shall be ~ppurtenant to and milY not be separated from ownership of any Parcel. By acceptance of a deed or other instrument evidencing his or its ownership interest, each Owner accepts his or its Membership in the Association, acknowledges the authority of the Association as herein stated, and agrees to abid~ by and be bound by the provisions of this Declaration, the Articles and By-Laws and other rules and regulations of the Association. Section 3.2 votinq Rights. The Association shall have one class of voting membership, and all votes of the Members shall be determined by reference to the number of Membership Interests voted. Each Member shall have one vote for each Membership Interest which it holds in the Association. Each Member shall hold one Membership Interest in the Association for each full one-tenth of a net acre of land locilted within any Parcel(s) as to which tha~ Member is the Owner. -3- Sent By: 305 555 5555j Feb-6-01 1 :22PMj Page 5 ORB 9 .9 Ps 1 B 77 section J.J' Designation of Mempership Interests. The Board of Directors shall determine the number of Membership Interests applicable to each Parcel, and may require the Owner of any Parcel to deliver a survey of that Parcel, certified to the Board in the form required pursuant to Florida Statute Section 472.027, and certifying to the Board the number of net acres and fractions thereof contained in that Parcel. Upon each sale, conveyance or transfer of a Parcel by an Owner, said sale, transfer or conveyance shall automatically transfer to the purchaser thereof the Membership Interests appurtenant to said Parcel. ARTICLE IV BOARD OF DIRECTORS Section 4.1 Election of Directors. The affairs of the Association shall be managed by a Board which initially shall consist of three (3) Directors. Except as provided in the next sentence, each Owner shall be entitled to elect one Director. Not~ithstanding the foregoing, any Owner may, by written notice to the other Owners, require that each Owner shall have the right to elect one Director for each full increment of 60 Membership Interests hold by that Owner. Section 4.2 ~emoval of Directors. Any Director may be removed from the Board with or without cause, by a maj ori ty vote of the Members, or by a written instrument from the Member who elected and/or appointed a Director, remov ing such Director from off ice. In the event of death, resignation or removal of a Director, the Owner who elected him shall have the right to elect his successor shall be elected in the same manner as the Director who has died, resigned, or been relnoved. ARTICLE V COVENANT FOR ASSESSMENTS Section 5.1 Payment of Assessrnen~. The Declarants hereby covenant, creQte and establish, and each Owner of a Parcel by acceptance of a deed or instrument of ,conveyance for the acquisition of title in any manner shall be deemed to have covenanted and agreed, to pay to the Association the follo~ing dues, fees, charges and assessments: -4~ Sent By: 305 555 5555j Feb-6-01 1 :22PMj Page 6 ORB c ~ ~ 9 P9 1 B 7 8 (a) Any annual assessment or charge for the operating the Association and accornpl iShing any and purposes, including the payment of insurance and professional management association chosen by the manage the Association. purpose 0 f all of its fees to any Directors to (b) Any special assessments for capital improvements, emergencies, or nonrecurring expenses. (c) Assessments of any kind for the creation of reasonable reserves for any of the aforesaid purposes. (d) All charges incurred in connection with the enforcement of any'of the terms and conditions hereof, inclUding survey costs and reasonable attorney fees and costs, including any applicable sales tax thereon, and it the Association is the prevailing party in any such enforcement action, such charges shall be assessed against the non-prevailing Owner(s) . Section 5-2 Assessments Against Owners. Except as otherwise provided herein, each Ownp-r of a Parcel shall be required to pay its proportionate share of each assessment, which is an amount equal to the number of Memborship Interests allocated to such Parcel, multiplied by the amount of tne assessment per Membership Interest. No assassment shall be levied for any period prio~ to the date hereof and each Declarant agrees that it has no claims against the other Oeclarants for any cost or expense incurred prior to the date hereof or for any cost or expense which such Declarant may have incurred for the maintenance, repair and/or improvement of the Association Property. Section 5.3 creation, of the Lien and Liability of Owner. Each Owner, by acceptance of a deed or instrument of conveyance for the acquisition of title to a Parcel, whether or not it shall be 50 expressed in such deed or instrument, is deemed to covenant and agree that the Parcel's proportionate share of all annual and special assessments, and the other charges and fees set forth in Section 5.1 hereof, together with late fees, costs, and reasonable attorneys' tees, shall run with the land, shall be a charge on the Parcel of that Owner, and sholl be a continuing lien upon that Parcel. The lien is effective from and after recording a Claim of Lien in the Public Records, "tilting the description of the Parcel, name of the Owner, amount due and the due dates. eacn such assessment, together with late fees, costs, and reasonable attorneys' fees, chall also be the personal obligation of the person who ......as the Owner of such Parcel at the time when the a$sessmcnt fell due, as well as his or its heirs, legal representative, successors and assigns. -5- Sent By: 305 555 5555; Feb-6-01 1:23PM; Page 7 ORB 9 ..9 P13 1 879 Section,S.4 Establishment of Assessments. The Board of Directors of the Association shall approve and establish all sums which shall be payable by the Member$ of the Association in accordance with the fOllowing procedures: (a) Annual assessments against the Members shall be established after the adoption of an operating budget by the Soard of Directors, and written notice of the amount and date of commencement thereof shall be given to each Member not less than thirty (30) days in advance of the date thereof. Annual assessments shall be payable at such time or times as the Board of Directors shall direct which may be quarterly until otherwise directed. Annual assessments may include an amount for reserves so as to enable the Association to establish and maintain an adequate reserve fund for periodic maintenance, repair and replacement of improvements to the Common Areas. 5.5 Special ^~sessments against the Members and all other fees, dUes and charges, including assessments for the creation of reasonable reserves, may be estaolished by the Board of Directors at any regular or special meeting thereof, and shall be payable at such time or times as the Board of Directors $hall direct. (a) The Board of Directors may, from time to time, establish by a resolution, rul~ or regulation, additional specific fees, or charges to be paid by Members to reimburse the Association for the expenses incurred in connection with the enforcement of any of the terms of this Declaration. Such sums shall be payable by the affected Member at such time or times as shall be established by the resolution, rule or regulation. (b) The Association shall prepare a roster of the Parce~s and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by ony OWner. The Association shall, upon request, furnish any Owner a certificate in writing signed by an officer of the Association, setting forth whether his assessment has been paid and/or the amount ~hich is due as of any date. As to parties ~ithout kno~ledge of error, who rely thereon, such certificates shall be conclusive evidence of payment or partial payment of any assessment therein stated having b~en paid or partially paid. Section 5.6 Effect of Nonpayment of Assessments: Remedies QJ the Association. If any a~seS5ment is not ~aid within thirty (JO) days of the due date, a late fee of 1% of the assessment, beginning from the due date, may be levied by the Board of Oirectors for each month the assessment is unpaid. The Association may at any time thereafter bring an action against the Member personally obligated to pay the same, and/or foreclose the 1 ien again::;t the Parce~ against ""'hich the assessment was levied. The Association shall not -6- Sent By: 305 555 5555; Feb-6-Q1 1 :23PM; Page 8 ORB 9' ~ P'3 1880 be required to bring such an action if it believes that the best interests of the Association would not be served by doing so. There shall be added to the assessment all costs and expenses, including attorneys' fees, required to collect same. Section 5.7 Subordination of the Lien to Mortgages. As provided in Section 5.3 above, the lien of the Association for assessments and other charges of the Association becomes effective from and after recording of a Claim of Lien in the Public Records. This lien of the Association shall be superior to al.l other liens save and except tax, liens against the property encumbered thereby, and liens which are evidenced by a first mortgage on any Parcel if such mortgage is recorded in the Puull~ Records prior to recordation in the Publ ic Records of any such Claim of Lien against the same Parcel. A lien for assessments shall not be affected by a.ny sale or transfer of a Parcel; provided, however, that in the event of a sale or transfer pursuant to a foreclosure of a first mortgage or deed in lieu of foreclosure, the acquirer of title, his successors and assigns, shall not be liable for assessments pertaining to the Parcel or, chargeable to the former Owner of the Parcel whiCh became due prior to such sale or transfer. However, any such unpaid assessments for which such acquirer is not liable may be reallocated and assessed to all Owners (including such acquirer of title) as an Association expense. Any such s~le or transfer pursuant to a foreclosure or deed in lieu of foreclosure shall not relieve the purchaser or transferee of a Parcel from liability for, nor the Parcel from the lien of, any assessments made thereafter. Nothing herein contained shall be construed as releasing the party liable for any delinquent assessments from the payment thereof, or the enforcement of collection by means other than foreclosur~. AR'l'ICLE VI MAINTE~ANCE OBLIGATION OF ASSOCIATION section 6.1 Common Area. Except as otherwise provided herein, the Association shall at all times maintain the Common Area in good condition, and shall repair and replace, when nec~ssary, at its expense, all Common Area improvements. Scction 6.2 Right of Entry by Association. Whenever it is necessary to enter a Parcel for the purpose of inspection, including inspection to ascertain an Owner's compl iance with the provi$ions of this Declaration, the Owner thereof shall permit an authorized agent of the Association to go upon the Parcel, provided that such entry shall be made only at reasonable times. In the case of emergoncy such as, but not limited to, fire -7- Sent By: 305.555 5555; Feb-6-01 1:23PM; Page 9/20 ORB 9 .9 pg 1 881 or hurricane, entry may be made at any time. Each Owner does hereby appoint the Association as its Agent for the purposes he~ein provided and agrees that the Association shall not be liable for any alleged property damage or the ft caused Qr occurring on accoun t of any entry. ARTICLE VII ~INTENANCE OBLIGATION OF OWNERS Except as otherwise provided herein: (i) each and every Owner is strictly prohibited from mOdifying any Common Area without prior consent from the Board of Directors; and (ii) each Owner may, at its o~tion and at its own cost, and after notice to the Association, maintain any or all of the portions of Common Areas which abut and/or serve its Parcel. Should any Owner undertake unauthorized modification, or cause damage, to any improvement which the Association has the responsibility to maintain, repair and/or replace, then the Association upon ten (lO) days pr ior written notice to the Owner, shall have the right, through its agents and employees, to remove the unauthorized modifications and/or repair such damage. The cost thereof, plus reasonable overhead costs to the Association, shall be added to and become a part of the assessments to ~hich the Parcel is subject, and shall be due and payable within ten (10) days after ~endition of a bill therefor by the Association. ARTICLE VIII EXCEPTIONS TO ASSESS~ENT AND MAINTENANCE OBLIGATIONS, CONFIRMATION OF EASEMENTS AND OTHER ~TTERS Section 8.1 Conflict with other Articles. The provisions hereof shall be controlling where at variance with any other provisions ot Articles V, VI and VIr of this Declaration of Restrictions. Section 8.2 utility Easement~. Notwithstanding anythinC] provided hereina fter, all util i ty easements now existing within the present Association Pruperty shall remain in full force and effect for the use and benefit of all of the Owners of the Property and said Property regardless of whether the underlying ownership of any Association Property is vested in the Association or in the name of any other Owner. Nothing herein shall obligate Qny Owner to maintain ~ny utility improvements if the maintenance of such improvements is the responsibility of a governmental body or a public utility. -8- Sent By: 305 555 5555j Feb-6-01 1 :24PMj Page 10/20 ORB 9-' -'9 pg 1 BB2 section 8.3 Drainage Easement. There is imposed upon the northerly portion of Parcel 3H, namely that portion thereof lying south of the south boundary line of Parcel 2 and north of the westerl.y extension of the south boundary line of Parcel 3A to the westerly Qoundary line of said Parcel 311 (the "Orainage Areal!), an easement (the "Drainage Easement") for maintenance of a drainage facility (the "Drainage Facilityll) which, W'ithout limiting generality of the foregoing, includes a drainage pond and retention area serving, and for the use and benefit of, those of Parcels 1, 2, JA and any other Parcels which now or hereafter require the use of such Drainagc Facility to serve same, Which Drainage Facility may be expanded within any portions of the Drainage Area as the circumstances may require. To the extent that any portions of the Drainage Area are not being used from time to time as the Drainage Facility, the same may be used for other purposes. All of the foregoing is subject to any utility easements heretofore established within the Drainage Area. The costs of maintenance of the Drainage Easement by the Association shall be assessed solely to the Owners of Parcels utilizing the Drainage Easement for drainage pur.poses and each su~h Owner shall bear that portion of such cost of maintenance that the number of Membership Interests allocated to that Owner bears to the number of Membership Interests allocatcd to the Owners of all Parcels utilizing the Drainage Easement for drainage purposes. Section 8.4 Easterly and Southerly Butfers. As to that portion of the Utility Easement and Buffer Strips shown on the Plat (the IISufferslr) abutting and running along the easterly side of each of Parcel 3A through Parcel 3G and abutting and running along the southerly side of Parcel JG, the maintenance obligations shall be performed by, and at the cost and expense of, the respective Owners of the said Parcels abutting said Suffers. Section 8.5 Westerly Buffers. As to that portion of the Buffers lying on the Westerly side of Parcel 3H, running tram Golf Road (S.W. 23rd Avenue) to the southerly boundary of Parcel 2, the maintenance obligations shall be performed by, and at the cost ~nd expense of, the Owner(s) of each of Parcel 3A through Parcel 3G, sharing the same in the ratio that the Membership Interests allocated to each such Parcel bear to the total Membership Interests allocated to all such Parcels. Section 8.6 Balance of Parcel 3H. Except for maintenance of the Drainage Easement above described, the maintenance Obligations as to the balance ot Parcel JH shall be performed by, a.nd at the cost and expense of, the Owner (s) of each of Parcel 3A through 3G, each such Owner to perform the maintenance obligations of that pOl.'tion of Parcel ,JH which is contained within the extension of the north/south boundary -9- Sent By: 305 555 5555; Feb-6-01 1:24PM; Page 11/20 ORB C?, --2.9 P918B3 lines of each of said Pa~cel 3A through Parcel JG running from the west bound~ry line of each such Parcel to the ~est boundary line of said Parcel 3H (the extension of the no~th boundary line of Parcel 3A being identical with the common boundary line separating Parcel ~ and Parcel 3H). Section 8.7 Entrance Features. Woolbright hereby grants to the Association a perpetual easement to maintain the two entrance walls, signs thereon, and related landscaping, which are located on either side of the Common Area at the Woolbright Road entrance to the Common Area, on Parcels 1 and 2 of the Plat (herein called the "Entrance Features"). Said easemertt includes the right to maintain, repair, and rebuild and/or modify the Entrance Featurp-s, but the Association shall not have the right to substantially alter the size, height, location or appearance of either or both of the Entrance Features without the prior written consent of the Owners of Parcell and/or Parcel 2 (as applicable), which consent shall not be delayed or withheld unreasonably. The Owners of Parcels 1 and 2 sha 11 have no obligation to pay for any port ion of the cost of maintenanca, repair, and/or rebuilding of the Entranc~ Feature. Instead, all costs of maintenance, repair or rebuilding of the Entrance Feature shall be allocated to the Owners of Parcels 3A through 3HI in proportion to the Membership Shares of such Owners. Section a.s Median Signs. There exists a median in a portion of the ingress/egress eazement ~hich is part of Association Property known as corporate Drive. The present and future owners of the Menorah Property and the Partnership Property, and their respective sUCCessor:;;; and assigns, shall each have the right to erect and maintain, at their own respective cost and expens~, one sale and/or leasing sign (a maximum of two signs) in the median, ~t the Woolbright Road entrance. Such signs shall be subject to the applicable requirements of local codes and ordinances, shall be of monument design, shall be commercially customary in size and appearance, shall be promptly removed at any time when the applicable parcels are not for sale or lease, and may be replaced when the applicable Parcels are for sale or lease. Neither sign shall have priority in location over the other, and the location of such signs in relation to each other (i.e., top or bottom, left side or right side, etc.) shall be determined by agreem~nt of Menorah and the Partnership, or otherwise by lottery. Section 8.9 Defaulting OWner. Notwithstanding anything to the contrary in this Declaration, ir qny Owner (Q "Defaulting Owner") fails to perform to a reasonable standard any maintenance responsibility allocated to it under this Article VIII, the Association shall have the right, after 10 days' written notice and opportunity to cure, to perform -10- Feb-6-01 1 :24PMj 305 555 5555j Page 12/20 Sent By: ORB 9-'--,9 p~ 1 BB4 such maintenance obligation to a reasonable standard, to collect the costs of such maintenance from such Defaulting Owner, and to exercise the Association's rights under this Declaration to impose liens for such costs upon the Parcels which are owned by such Defaulting owner. Section 8.10 4imited voting and Lien Rights. Notwithstanding anything to the contrary in this Declaration: (i) only ~he Owners who are allocated maintenance responsibilities under this Article VI:II shall have the right to vote on the incurrence of costs for their respective maintenancA obligations; and (ii) the Association shall not have any lien right with respect to any' maintenance obligation allocated under this Article VIII except with respect to the Parcel (5) to which such maintenance Obligation is so allocated. ARTICLE IX INsuRANCE section 9.1 Property. The Association may purchase and maintain a policy of property insurance covering any or all the Common Area, and any fixtures and equipment and common personal property and supplies thereon. This insurance policy may afford protection against loss or damage by perils normally covered by a standard extended coverage endorse- ment, as well as all other perils which are customarily covered ~ith respect to projects similar in construction, located and use, including all perils normally covered by the standard "all risk" endorsement, where such is available. Section 9.2 Liapility. The Association shall maintain comprehensive general liability insurance coverage covering the A~sociation, ~ith such coverages as the Association shall determine for bodily injury and property damage arising out of each single occurrence. Coverage may include, without limitation, legal liability of the insured for property damage, bodily injuries in conneotion with the operation, mqintenance or use of the Common Area, qnd legal liability arising out of lawsuits related to employment contracts .in which the Association is a party. Such policies may provide that they may not be cancelled or substantially moditied by the insurer, without at least ten (lO) days prior written notice to the Association. -11- ~--_.,-----,_....~------~---- ,.. Sent By: 305 555 5555; Feb-6-01 1 :25PM; Page 1~1~~ ORB 9. ~ 9 p~ 1 B B 5 ARTICLE X GENERAL PROVISIONS Section 10.1 severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no ~ise affect any other provisions which shall remain in full force and effect. Section 10.2 Amendment. The covenants and restrictions of this Declaration shall run witn the land and bind the Property, for a term of twenty (20) years from the date this Declaration is recorded, ~fter which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended at any time and from time to time upon the execution and recordation of an instrument executed by Owners who are entitled to vote a majority of all Membership Interests of the Association; provided, however, that in no event shall any amendment modify in any material respect the basis for aSSQssments or the maintenance obligations' of the Association and Owners or alter the priority of the lien of any mortgage existing at the time of any amendment, without the prior written consent and approval of all Owners and, as to the priority ot the lien of any mortgage, ~ithout the prior written consent and approval of the holder of such mortgage. Section 10.3 Notice~. Any notice required to be sent to any Owner under tho provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Owner on the records of the Association at the time of such mailing. Section 10.4 Ef1forcement. Enforcement of these covenants, conditions and restrictions shall be any proceeding at law or in equity and may be instituted by the Association, its successors or assigns, or any owner, against any person or persons violating or attempting to violate or circumvent any covenant, condition or restriction, either to restrain violation or to recover damages, or against the land to enforce any lien created by these covenants, provided any such enforcement shall not discriminate among Members, and failure by the Association or any Owner to enfo4ce any covenant, condition or restriction herein contained for any period of time shall in no event be deemed a waiver or estoppel of the right to enforce same thereafter. -12- -,-.."-...-- -------------- --~--_..... .. 305 555 5555j Feb-6-01 1 :25PMj ORB 97-?9 P9 1 BBb Page 14f~U Sent By: section 10.5 Interpretation. In all cases, the provisions of this Oeclaration shall be given that interpretation or construction that will best tend toward the consummation of the purposes hereof. section 10.6 ;uthorized Action. All actions which the Association is allowed to take under this instrument shall be authori~ed actions of the Association as approved by the Board of Directors of the Association in the manner provided for in the By~Laws of the Association, ~nle$s the terms of this instrument provide otherwise. section 10.7 Sinqu~ar, Plural ~nd Cender. Whenever the context so permits, the use of the singular shall include the plural and the plural shall include the singular, and the use of any gender shall be deemed to include all genders. IN WlTNESS WHEREOF, the undersigned, being the Declarant~ hereunder, have hereunto set their hands and seals. DECLARAN'l'S: MENORAH: MENORAH REALTY, LTD., a Florida limited partnership By: DALFEN'S ATLANTIC ENTERPRISES LIMITEO, a corporation organized under the federal laws of Canada., as its sol~ general partner By~ Murray Oalfen, ~SSOCIATION: BOYNTON COMMERCE CEN~ER PROPERTY OWNERS ASSOC1ATION, INC., a Florida corporation not-for-profit By: '1tA 'YT Murray Dalfen its President -13- 305 555 5555; Feb-6-01 1 :25PM; Page 15/20 Sent By: ORB 9 ~ 9 Ps 1 887 WOOLBRIGHT: WOOLBRIGHT PARTNERS, a Florida general partnership By: WOOLBRIGHT INVESTMENTS, INC., a Flori ~.6~rpZh' O. l' . , '/' /,/ V -{; ,. ~: V' By: ,.' ,.-!/' ," I/L,~(:{L- 'C!l.f d usseIl' Its esident By: THE RUSSELL COMPAN~, LTD., a Florida limited partnership, by its sole general partner By: and, By: ~~ D,a,A dJ. (~l ~().; CHARLES H. VON STEIN Allot its General Partners PARTNERSHIP: BOYNTON COMMERCE CENTER LIMITED PARTNERSHIP, a Florida limited partnership By: MIGjBOYNTON COMMERCE CENTER, INC., a Florida corporation, General Partner By:LLLj~ Charles J. S ne, Vice Pr~sident -14- ------- --~---- 305 555 5555; Feb-6-01 1 :26PM; pege 10UU Sent By: STATE OF FLORIDA ORB 9729 P9 1888 COUNTY OF ~ ) Th~~.s.2~ng instrument was acknowledged before me this M day of ~r~ 1996 by Murray Dalfen, as ~resident of Dalfen's Atlantic Enterprises Limited, a corporation organized under the federal laws of Canada, as the sole general partner of Menorah Realty, Ltd., a Florida limited partnership, on behal f of that pa~tnership. He is personally known to me or has produced as identification. '~'ilNIIINIIIIINllllttl(IINIIIIIIIIIIIIN'II"'" ( ': ~""&l,.r -(J. Tbol1l41 C. Cobb ~ :!' - ~ NoW)' P\J)U(, S~1c of Florida ( .; o;!. ~ CornmJUiDD No, CC ....1-406 < :' "'> 0' r\!~'" My ColT\nUuioa ~pirQ 0Jl.27/99 ~ I < " j-'OO-J'NOTAJl'l',I'\L~~.It--'c., ( . ~~'WI""\'WI\'l\\\'.......\\w...,..,....\....\),\\....\,\....\...w.....).." ~ 0Am10 C tIA-, Name: Commission No.: Notary Public state of Florida at Large My commission axpires: STATE OF fLORIDA ) COUNTY OF ~) The fAr~q~~ instrument was acknowledged before me thi~ I~~ day of ~, 1996 by Clifford Russell, as President ot Woolbright Investments, Inc., a Florida corporation, as general partner of Woolbright Partners, a Florida general partnership, on behalf of that pa!;tnership. He is personally known to me_...ol IIc1S ~dttceti a~ idoRtifioat~on. ~/.""INNIIINII'tlNII/tlllllll/llllllllllll"NN ( . ...r, ( :\ ~~..., Iy TIlr.m8~ (. Cobb ( :~ .. -;. N1I11f)' ~'j;\)I:, ',;, \~ c>f Floridl ( : ' ~ p CCrt,t.'l;3,i./ , ';C 441400 : " ~o, r\.~~ My C(Jl:tlJlli~,' :; t.:ljliIel OJf].7/~ ( . . ( l~oo.),NQ1'AllY. PI. 1'1'''',. .."'ic,.\~Co. ( . \\\"I))..)\)\\\"I)W)....))'l)~~H\))"w.n\W1W\........)'1\\ ~ My commission expires; ~~. .~.~ N~me~~~Cf5 . commission NO':~ 0 ~;~-= Notary Public State of Florida at Large -oTk.:i'Al. NO'j",,!(Y~~/\L. 3 SHI::d.EY ) ~nlfrFir::l.D NCTr^~'( r'U;;LlC S7ATE. or, HO!:ID/\ CC\f,~'msrG('; NO, CC~Qa) MY uy."~":::::;',0.'~ 1::~r. iAN. ~,D:-(\ ._~_f"__.'_~_"'- STATE OF FLORIDA ) COUNTY OF[)~~ j The h9-,r~~~~g instrument was aCknowledged before me this I...!l!!:: day of -F~~9"'; 1996 by Cl i fford Russell, a~ Pres ident of CLTV, Inc., a Florida corporation, as general partner of The Russell -15- 305 555 5555; Feb-6-01 1 :26PM; Page l//'iU Sent By: ORB 9- 9 pg 1889 Company, Ltd., a Florida limited partnership, as general partner of Woolbright Partners, a Floridq general partnership, on behalf of that partnership. He is personally known to ~e.er ha~ p~oJu~e6 -<M3'- idellt i r ict'tt:.i Cl r. My commission expires: Name: Commission N Natar-y Public state of Florida at Large r-----m~i7!."d. N()TAT7~Y7J:- r;; i::',i':;'t' ! V:i '::!T:U,\) j'<T' " """ ,',:" " C' ~,~",; o~ t;LOr.!D" ( ",',,' '::':,i:':<:'~:~-c~'~":2')' ( L..:'.~~:.'-" ..: ,', "~'."::::~'~:""~::::~::'~~ STATE OF FLORIDA ) COUNT~ OF i)~~ The~g instrument was acknowledged before me this ~ day of ~ , 1996 by Charles H. Van Stein, as general partner of Waolbrignt Partners, a Florida general partnershipl on behalf of that partnership. He is personally known to mE!. ~ hOD pror.hwQo ~c idQntifio~tioft, My commission expires: ~1~~ Commission 0.: ~ ' Notary Public State of Florida at Large r: 01 (;':1/',1. ~0i'\k ~EAl., "H,~( U:Y f WI,::TfIELrJ . ""'.' "". ,,'" , I,' C'7' ,-.: 0'" l'l ORIDA . ... __. I ,'.~~ . ...', . . .. _ ,r'\ I '. (' C' . : ,-.(~l \ ;,' .:' '.~~:::>>-i \,~('. CC'.;.Ji>\29 L.2'i'~I~~~~' ,\." ~.;.'~:~ ~_'~:::~, X2:..}.t;~..f~ ~L STATE OF FLORIDA ) COUNTY OF~ ~ T~~egOing instrument was acknowledged before me this 3[~ day of uary, 1996 by charles J. Stone, as Vice President af MIG/Boynton Commerce Center, Inc., a Florida corporation, as general partner of Boynton Commerce conter Limited Partnership, a -16- Sent By: 305 555 5555j Feb-6-01 1 :26PMj page 'tji~o.; ORB 9'.- '29 rs 1890 Florida limited partnership, on behalf of that partnership. He is personally known to me or has produced _____ as identification. Nam~~~G~~ . Comrnis ion No.: U. ~S- 0'7 J c;- Notary Public state of Florida STATE Ot' fLORIDA ~\\\\\llllllllllll a t ,~~ ~d Aa liJJ :$'--S ,.';\~.~-9 ~'" S' .,'~\~.IIlN~;", ~ ~ " "l:ljl'Y I~ ~-". ~ ~ l$$ "1&.~ ~ ::.. ~ ..... \It ....:=. _ . at .~_ ~2. ~ ,CC3S0715 i~j -;;JoI.'.4, \lo ::-...~ ~~.......'boo.,I/'4~' ~...,,'~~ ~")-~ ..~/"'i(too'n\\lr:.'~~~ ~~IIX6', it $1 ~ ,~ ~"'," 11/1111/111\1\\\\ My commission expires: COUNTY OF DADE The fRr~~9jng instrument ~as acknowledged b~fore me this I~ day of ~, 1996 by Murray Dalfen, as President of Boynton Commerce Center Property Owners Association, Inc., a Florida corporation, on behalf of that corporation. He is personally known to me. ~ e(!.~ Name: hornas C. Cobb Notary Public State of Florida at Large <!INIIIIIINIl1ttlNIIIIIIIIIIIIIIIIIIIINNIIII" ( o ~" ( ), <;;'~ II" _ lllorrw C, Cobb ( 'I'" '~'co Nol&:)' Public. Stale orFlori~ , . ; ~ ~_i CbmmiHion No. CC ....1.w6 ~ , "">0' f\.o. My ColJl1llis"jclIlExpircs OJrl.719'9 , , ( f 1.loo.',NOfMY. n.. Pi......, -sn-.\u "-11*-1 Co. ( . ..,.."""",..""....."...,...........,...'w....."........,)...............,......"........... ~ -17- 305 555 5555; Feb-6-01 1 :26PMj UHt\ 972-9 P9 1891 r-o"d...... ,-,-- Sent By: INDEX OF EXHI8XTS A. Legal Description of the AS$ociation Property B. Legal Oescription of the Menorah Property c. Legal Description of the Woolbright property D. Legal Description of the Partnership Property -18- -.---.........----......---.....-..----- 305 555 5555; Feb-6-01 1:26PM; . ~ .. '"'"" I .....- ro,::,o;;... ....~I-- ;ent By: CONSENl vF HORTG~GtE TO DECLARATION OF ~ESTRICT~ONS FOR BOYNTON COMMERCE CENTE~ NORTHERN TRUST SANK OF FLORIDA, N.A., a national bank (the "Mortgagee"), as the owner and holder of that certain mortgage executed by Woolbright Partners ana dated May 18, 1989 and recorded in Official Records Book 6071 at page 571 as modified by instruments recorded in Official Records Book 6456, page 1090, official Records aook 6875, Page 1667, Official Records Book 7271, page 666, Official Records Book 7758, Page 1909, Official Records Book 8403, Page 1337, Official Records Book 8578, Page 1795, Official Records aOOK 8826, Page 434, and Official Records Book 8853, Page 474, all in the Public Records of Palm Beach County, which said mortgage encumbers all or portions of the Property descriQed in the foregoing Oeclaration, hereby consents to the execution of the Declaration of Restrictions for Boynton Commerce Center. This consent shall be binding upon th~ Mortgagee, its successors and assigns. IN WITNESS WHEREOF, the Mortgage~ has ouused this instrument to be executed in its name and seal affixed on t.his ~~ day of ~eb. ud,t"i, 1996. H~5-..l~~ Signed, sealed and delivered in the presence of: NORTHERN TRUST BANK Of FLORIDA N.A., a national bank pr~~an"lL f"~(V BY:~~~~~\ll cc. Chd,,,y'0,, ~~~~~ f~~~~~ STATE OF FLORIDA COUNTY OF The fo~e~O~ng instrument was acknowledged before me this ~ day of l~ebtuafYI 1996 by I~,'II r'~~ L-, !v1crf'fSo.d...-, as ~ PreCid9T't c.ha.\(('l"\or) of Northern Trust Bank of Florida, N.A., a national bank, on behalf of the bank. He;.sae- is personally known to 2!\e OJ;: has p~'Qd1..lced a~ i-Qed L,t r j,~<"l. t i no. Nam~t~~ Commission No. :O"CI./-5~o G:>~~ R Notary Public state of Florida at Large -19- Of:FI'IA NORA C WAGONeR NOTARY PUBLIC STATE OF FLOIHDA COMMISSION NO. ""53065 MY COMMISSION Fxr APR,16.1999 SEAL) My commission expires: ,.,.~_..-----~------- - -~------- -- Sent By: 305555 5555; Feb-6-01 1 :45PM; ,- ... -' , ..... Page 2/19 CON N'_ .JF KOR'I'GAGEE TO DECLAPJ .Ci~, OF RESTRXCTIONS FOR EOYNTON CO~ERCE CENTER NATIONSISANJ< N.A. (SOUTH). a national bank (the "Mortgagee "), as successor to Intercontinental Bank, a Fl OJ;' ida bank ("Intercontinental II) I as the owrner and holder of that certain mortgage in favor of Clifford Russell, as Trus~ee of The Russell Revocable Trust ("Russell"), da tad May 18, 1989 and recorded in Official Records Book 5071 at Page 593 as assigned by Russell to Intercontinental by instrument recorded in Official Records Sook 6241, Page 973, and as modified oy instruments recorded in Official Records Soak 6241, Page 970, Official Records Book 7452, Page 518, and Official Records Book 9041, Page 12, all in the Public Records of Palm Beach County, which said mortgage encumbers all or portions of the Property described in the foregoing Declaration, h~reby consents to the exeGution of the Declaration of Restrictions for Boynton Commerce Center. This consent shall be binding ~pon th~ Mortgagee, its successors and assigns. IN WITNESS WHEREOF, the Mortgagee has caused this.hnst~urnent ;~~cuted in its name and seal affixed on the ~ day ~~ ~_._., 1996. Signed, sealed and deliveLed in the presence of: _llo?U<1_~ L", I lly: Print Name:'" (),,~,'-'/'C ~'.t:......",'(j/) Title: ~aA,f:-;~~hC'VL_ STATE OF FLORIDA COUNTY OF "Da..de. The foregoing instrument ~as acknowledged before me this ~ day of February, 1990 by ~aren~. &iln)re. , as 5'.~'upre$ident of NA.1'lONSBANl< N.A. (SOUTH) , a national bank, on bchulf of the bank. He/3he is ~~,nal1y kvown to mG or has produced as-rdentification. My commission eXp~res: Name: ~ comrniss on No.: Notary Public State of Florida at Large (NOTARIAL SEAL] .,.y~,,- ~q\fi" *~* ~..,:tl(ffI1 ,.'" " f, ~~ IVCTTF. crlr!:(ll) My COmr.'l"~Io,, c.:C:J:l:;':"." Exp..... 0.." 2 I. 1 ~97 Bonda.1 by AN9 DOO'IIJl,~713 -20- Sent By: 305 555 5555j Feb-6-01 1 :45PMj IJI'C ~ {L~ ~" 1 bLl4 Page 3/19 otCLARATIO~ COMMERCE CENTElt 80ard of Tr stees of the General Retirement syst~ of the City of Detroit, a pension plan and trust established by tfe Charter and Municipal Code Of\~he City of Detroit, Michigan, b~aring the date September 26, 199~ (the "Mortgagee"), as the owner and holder of that certain mort age recorded September 27, 1;)91 in Official Records BOOK 6971, ~ge 428, ot the Public Records of ?alm Beach County, Florida, a.n certain related documents' recorded in the Public Records of Palm Beach County I which said mortgag~ .;l.nd related documents er\cumber all or portions of the Property describod in the foregoing Declara tion, hereby consents to t.he execution of the Oe~la~ation of Restrictions for Boynton Commerce \ ' Center. \ ' \ This consent shall\ be binding upon the Mortgagee, iL~ successors and assigns. \ \ IN WITNESS WHEnEOF, t~c Mortgagee has caused this instrument \ to be executed in its nllTl\e and seal aft ixed on day of February, 1996. \ \. \ \ \ Board of Trustees of the General \ Retirement System of the City of \, DetrC'li t, a pens ion plan and tru~t · \established by the Charter and Municipal Code of the City of Dctroi t, Michigan, bearing the da te \ Se~tember 26, 1991 \ , 8Y:\ Titl:~: Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF COUNTY OF \ \. , \ 'l'he to~egoing 'instrument was acknoIN1'edged before me this \ day of , 19~6 by, \ I as of Board of Trus't;ees of the General Rctirdtnent System of the city of Detroit, a pension plan and trust establ~hed by the Charter and Municipal Code pf the City of Detroit, Mich'gan, bearing the date September 26, 119 91 on behal f of the Trustees. He/she is personally known to me or' has produced a identification. My commission expires: Name: Commission 'No.: Notary publ.1c state of .:It Large -21- [NOTA.RIAL SEAL) ORB Feb-6-01 1 :45PM; 9729 Ps 1895 Page 4/19 Sent By: 305 555 5555; CONSENT OF MORTGAGEE TO DECLARATION OF RESTRICTIONS FOR aOYNTON COMMERCE CENTER r . JACKSON NA.TIONAL LIFE INSURANCE COMPANY, a ~cI1\ corporation (the "Mortgag~e"), as the owner and holder of that c rtain mortgage executed by Menorah Realty, Ltd" a Florida limited partnershi2, dated February 28, 1996 and recorded in Official Records Book ~ at Page 51) in the Public Records of Pal~ Be~ch County, which said mortgage encumbers all or portions of the Property described in the foregoing Declar8tlon, hereby consents to the execution of the Declaration of Restrictions for Boynton Commerce Center. This consent shall be binding upon the Mortgagee. its successors anJ assigns. IN WITNESS WHEREOF, the Mortgagee hag caused this instrument to be executed in its name and sea] ~ffixed on this ~ day of liJ~, l 99"9-. Signed, sealed and delivered in the presence of: JACKSON NATIONAL LIFE INSURANCE COMPANY: a Michigan corporation" by PPM f" C, lrlc., Its authoriz:d ~grllt B Tl, e: esident V<lI'idMZ 11 S. . . C :1., ::nlor Vkc President STATE OFJJJ~-d COUNTY OF (l&A.J. The foregoi~ instr~ment w~nOWledged bafore me this ~ day of March, 199f hy 1);Jud.;7J). .J / , as~ Presldent of Jackson Nat iona.l Life Insurance ompany, a Micbigan corporation, on behalf: of that corporation. He~ is personally known to me or has produced as identification. My rommission expireo: 1m~0N'ti ~t!/tl Commission No.: Notary Public St<J.te of :tLLliJOf-5 [NOTARIAL SEAL] OFFICIAL SEAL LINDA L WALKER NOTARY P\.l1SL.IC. STATE OF ll,.llNOl9 MY COMMISSION EX,PlRES:OI!,zc,r,g "" -22~ Sent By: 305 555 5555; Feb-6-01 1 :46PMj VIW '7 ( .;;.. '7 r ~ .L (;:) '7 0 Page 5/19 EXHIBIT "~,, LEGAL PESCRI~TION O~ ~SSOCIATION PROPER~Y The land lying within the 50' and 80' Ingress, Egress and Util i ty Easements, which run generally north-south as dedicated pursuant to and shown on the Plat of BOYNTON COMMERCE CENTER, recorded in Plat Book 46, Pages 126 and 127, Pub 1 ic Records of Palm Beach County, Florida (the "Plat"), as amended by the deed ~nd easement agreement referenced in and modified pursuant to that certain Agreement dated November 12, 1995, between Boynton Commerce Center Property Owners Association, Inc., et al., recorded in Official Records Book 4736, Page 827, PUblic Records of Palm Beach County, Florida. said lands consisting of 2.9 acres, more or 1es5. -23- Sent By: 305 555 5555; Feb-6-01 1 :46PMj ORB 9720 Ps 1897 Page 6/19 EXHIBI1.' "B" LEGAL DESCRIPTION OF MENORAH PROPERTY Parcels 3-D, 3-E, 3-F and ~ portion of Parcels 3-C, J-G and 3-H, BOYNTON COMMERCE CEN~ER, according to the Plat thereof as recorded in Plat BOOK 46, Pages 126 and 127 in the Public Records of Palm Beach County, florida, more particularly described as follows: COMMENCING at the Southwest Corner of said Parcel 3 -G; thence N 02.21'32" E, along the West line of said Parcel 3-G, for a distance of 239.73 feet to a point on a line 35.00 teet South of and parallel with the South line of said Parcel J-H, said point also being the POINT OF BEGINNING; thence continue N 02.~1'321! E, along the West line of said parcels 3-G and 3-H, for a distance 1054.60 feet; thence S 88"3;2'20" E, 166.02 feet to a point on the East line of said Parcel 3-H: thence S 02":21'32" W, along said East line, for a distance of 249.50 feet to a point on a line 40.00 feet North of and parallel with the South line of said Parcel 3-C; thence S 88"32'20" E, along said parallel line, for a distance of 223.51 feet to a point on the arc of a tangent curve, concave to Southwest; thence Southeasterly along said parallel line and the arc of said curve, having a radius of 1534.00 feet, a central angle of 18.07'47" and an arc distance of 485.40 feet; thence S 20"00'15" W, along the East line or said Parcels 3-C, 3-D, 3-E, 3-F and 3-GI for a distance of 805.04 feet to a point on a lin~ 35.00 feet South of and parallel with the North line of said Parcel 3-G and the South line of Parcel 3-H, said point also being on the arc of a non-tangent curve concave to the Southwest (radial line to ~aid point bears N 19" 08' 05" W); thence Northwesterly along sa id parallel line and the arc of said curve having a radius ot 729.00 feet, a central angel of 17'40'25" and an arc distance of 224.87 feet to a point of tangency; thence N 88032'20" WI along said parallel line 402.15 feet to the POINT OF BEGINNING. TOGETHER WITH: A 50 foot and aa foot Ingress, Egress and utility Eusement as shown on BOYNTON COMMERCE CENTER., according to the Plat thereof as recorded in Plat Book 46, Pages 126 and 127 in PUblic Records of Palm Beach County, Florida. Said lands lying and situate in Palm Beach County, Florida, and containing 14.83 acres, more or less. Note: Excluding the 501 Ingress, Egress and Utility Easement (1.33 acres) Which is p~rt of the Common Area, the Menoratl Property consists of 13.50 acres. -24- Sent By: 305 555 5555j Feb-6-01 1 :46PMj Page 7/19 EXHIBIT "c" LEGAL OESCRI~TION OF WOOLBRIGHT PROPERTY Parcel Noo 1 and Parcel No.2, as shown on the Pl~t of Doynton Commerce Center, recorded in Plat Book 46, Pages 126 and 127, PubI ic Records of Palm Beuch county, Florida, being the same property which is described as: PARCEL NO. 1 Commencing at the Northeast corner of section 32, Township 45 south, Range 43 East, Palm Beach County, FloridaJ thence due West (assumed), along said North line of Section 32, a distance of 112.84 feet to a paint in the W~sterly right of way line of The Seaboard Airline Railroad right of way: thence South 20.0'15" West, along said Westerly right of way line, a distance of 141.41 feet to a poirtt in the Southerly limited acces::> right of way line of Woolbright Roa.d, as shown an The Florida State Road Department right of way map of state Road r-95, Section 93220-2411, Sheet 27, said point also being the Point of 8eginning of the parcel to be herein described; thence continue South 20'0'1511 West along said Westerly right of way line of The Seaboard Airline Railroad, a distance of 623.28 feet: thence North 69'59'45" West, a distance of 741.01 feet; thence North 2'21'32" East, a distance of 389.19 feet to a point in the said southerly limited access right of way line of Woolbright Road; thence North 87' 43 '10" East, along said Southerly limited access right of way line, a distance ot 201076 feet to the point of curvature of a curve concave to the South; thence Easterly, along the arc of said curve having a radius of 2784.79 feet and a central angle of 204'42", a distance of 101.02 feet; thence South 74' 26' 12" East a distance of 203.03 feet; thence South 8S'11'57" East, a distance of 395.51 fee.t to the Point of 8eginning aforedescribed. PARCEL NO. 2 Commencing at the Northeast corner of Se<..;tion 32, Township 45 South, Range 43 East, Palm Beach County, Floridaj thence due West (assumed), along said North line ot Section 32, a distance of 1134.15 feet; thence due South, a distance of 60.95 feet to a point in the Southerly right of way line of Woolbright Road, as sho~n in Road Plat BOOK 4, Page 85, Public Records of Palm Beach County, Florida, said point also being the Point of Beginning of the parcel to be herein described; thence due West, along said Southerly right of way line, a distance of 180.81 feet to the point of curvQture of a curve concave to the South; thence Westerly, along the arc of said curve, having a radius 1856.86 feet and a central angle of 3'57'36", a distance of 128.34 feet to a point in the Easterly right of way line of Lake Worth Drainage District Canal No. E-4; thence South 2'21'J2" West, along said Easterly right of way line of E-4 Canal, a distance of 400 feet: thence due East, parallel with the North line of said Section 32, a distance of 308.85 feat; thence North 2021'32" East, and parallel with the said Easterly right of way line of E-4 Canal, a distance of 404,45 feet to the Point of Beginning aforedcocribed. Said Parcels are lying and situate in Palm 8each County, Florida, and contain 12.247 acres, more or less, a.nd do not include any Common Area. ~25- Sent By: 305 555 5555; Feb-6-01 1 :47PM; Page 8/19 EXHIBIT "pI! LEGAL DESCRIP'l'I,qN OF PARTNERSHIP PR,OPERT"{ Parcels 3-A and 3-'8. and a portion of Parcels 3'~C, and 3-H, BOY~'JTON COMMERCE CENTER, according to the ~lat thereof as reGarded in Plat Bool<: 46, Pages 126 and 127 in the Pl,lblic Records of Palm Beach County, Florida, more particularly described as follows: BEGINNING at the Northwest corner of said Parcel 3-H; thence East, along the North line of said Parcel 3-H, for a distance of 388.92 feet to a point on the North linp- of said 'Parcel ] -A; thence S 69059'45'1 E, along said North line, for u distance u[ 741.01 feet:. to a point on the F.ast line of said Parcel 3-A; thence S ~ooDO'151! W, al01;19 th~ East line of said Pa1.~cels 3-A, 3-8 and 3-C, for a distance of 718.20 feet to a puint on a line 40.00 feet North of and parallel with the South line of Parcel 3-C, said point also being on the arc of a non-tangent curve, concave to th~ Southeast (radial line to sa.id point:. bears N 19"'35' 2711 E) i thence Northwesterly along said parallel line and the arc of said curve, having a radius of 1534.00 feet, a central angle of 18007'47'1 and an arc distance of 485.11 0 feet to a point of t.angency i thence tangent to said curve, N 88032'20" W, along said p(;lrallel line, for a distance of 223.51 feet to a point on the East line of said Parcel 3-H; thence N 02021'32" w, along said East line, for a distance of 249.50 feet; thence N 88QJ2'~O" W, 166.02 feet to a point on the West line of said Parcel 3-H; thence N 02021'32" E, along said We~t line, for a distance of 609.54 feet to the POINT OF BEGINNING. A po~tion of Parcel 3-G, BOYNTON COMMERCE CENTER, according to the Plat thereof as recorde0 in Plat Book 46, Pages 126 and 127 in the Public Records of Palm Beach CountYI Floridd, more particularly describect as follows: BEGINNING at the Southwest Corner of said Parcel 3 -G; thence N 02021'32" E, along the West line of said Parcel 3-G, for a. distance of ;239.7':3 feet to a point on a line 35.00 ,feet South of and parallel with the North line of said Parcel~ 3-G and 3-H; thence S 88032'2011 E, along said pa.rallel line, for a distance of 402.15 feet to ct point on the arc of a tangent curve, concave to the Southwest; thence Southeasterly along said parallel line and the arc of sai,d curve, having a radius of 729.00 feet, a central angle of J7040'25" and an t:l.rc distance of 224.87 feet to a point on the East line of caid Parcel 3~Gi thence S :20"'OOJ 15" E, along said East line, for a distance of 179.94 feet to a point on the South line of said Parcel 3~Gi thence N 88032120" W, along said South line, for a distance of 164.10 feet to a point on the arc of a tangent curve, concave to the Southeast; thence Southwesterly along the aic of said curve, having (l radius of 2391.83 feet a central angle of 09046'1411 and an arc distance of 407.87 feet to the POINT OF BEGINNING, TOGETHER WITH: A SO 1 and 80/ Ingress, Egress and Utility Easement as shown on BOYNTON COMMERCE CENTER, according to the Plat thereof as recorded -26- Sent By: j in Plat BOOK 46, P Beach County, Flor~~~. 305 555 5555j Feb-6-01 1 :47PMj 126 and 127 in the Pub' Records of Palm said lands lying and situate in Palm Beach County, Floridn, containing 20.64 acres, more or less. ~: Excluding the 50' Ingress, Egress and Utility Easement (0.84 acres) which is part of the Common Area, the Partnership Property consists of 19.00 acres. -27- Page 9/19 C1 o ~c.. ~:::o :I: CD -< ::=-0 s::~ 2 t.J iT1~ z .. ""(:J ("'~LO ~~ ;;0 :;S~ ..c "tlO r::o nO c) ~ --l -< -r, r Sent By: 305 555 5555; Feb-6-01 1 :47PM; Page 10/19 \c V< \,~~<-l~ r5t 1 Prep.red by and Return to' 00BEr0' A. D' AnJRE, P.A. 250 AlRt'RALIAN A \InJUE, SJITE 3)1 WESl' 1?AU1 BE'AOi a 33li01 ",,- Oil .;i;,~"" 9"~'\" 97 -'8-"'89 ""'Ij- ;-\-1'7' - ,'..'II - " .'" - t.\J W , I '_"''1..11' ~... ~~ r.P~ 09'::"9 P9 807 VI'~ I ____ I .IJ 1II-"'IlV.l.J~ llU I III = H I!I!~. G FIRST AMENDMENT TO THE DECLARATION OF RESTRICTIONS FOR BOYNT.9N COMMERCE CENTER PROPERTY OWNERS ASSOCIATION, INC. FIRST AMENOMENT to the DeclaratioCl of Ra~trictiot')s for 80ynton Commerce CMter Prop~rty Owners Association. Inc. i(; made as of this 16th day of July, 1997 by Menorah Realty. Ltd.. a Florida limitod partnQrship ("Menorah"). Boynton Commerco Center Property Owners Association, Inc" a Florida corporation not for profit (the 'Association"), Boynton Commerce Center Limited Partnership. ll. Florida limited partnership (the .partnership"), and Woolbright Partners, a Florida gMeral partnership (''Woolbright'') (Woolbright, the Association, the Partnership and Menorah arc ~ol!ectjve called the "Declarants"l, WHEREAS, the Declarants entQrgc;j into a Declaration of Restrictions dated as of the 29th day of February, 1996, as recorded an April 4,1997 in Official Records Book 9729, PagQ 1874 in the Public Records 01 Palm Sgach County. Florida (the .Declaration"). and WHEREAS, the Declarants have agreed to the amend the Declaration, NOW, THEREFORE, in consideration 01 the mutua) bennfits to the parties. as contoined in this Amendment, tn\? Declarants hereby ~greG that thQ Declaration sh~1I and is hereby amended as follows: 1, Revisions to the LOQal 09scription of the "Association Property," Grant of Drainage Easement over Association Property, Tho current description of the AssociatIon Property references the land lying within the 50' and 80' Ingress. Egress and Utility Easements, which run generallY north/south as shown on the PLAT OF BOYNTON COMMERCE CENTER, rE;lcorded in Plat Book 46, Page 126, (the "Plat"). The Dli!ciaratlls now desire to amend the description of the "Association ProPQrty," ClS sot forth in Exhibit 'Au of the Declaration to correct a scrivener's error. The dQscrlpt10n of th~ Association Property, as set forth in the Declaration, shall be amended ~s set forth on Exhibit "AU attached hereto, .Declarants hereby declare that the Association Property shall bg s\.Ibjoct to ;Perpetual, non-cxctusiv~ easement in favor of all Parcels and their respe(:tive Owners for dralnoge, with th~ rigllt, privitegQ and authority to construct. operate, lay, maintain. improve or repair subsurface pipes and associated drainaga facilities and Gqurpment on, over, through, across or under Hle Association Prop(!rty. However, such construction activity shall not unreOlsonably inlerfere with access and egress to any Parcel, and no neW permanent above-ground drainage lacilities inconslsten,t with the design and apPQarancc of the Q)(jsting draina.ge facilities will be permitted without the consent of a majority of th~ members of thp. Soard of Dir"ctors, which consent shall not be unreasonably withheld, Upon completion of any such construction, repair, r(;!storation, repr'lcem~nl, mainlenance or other alteration, arjY Owner porforming ~uGh work shall restore the surface of the Association Property to the sama condition it was in immediately precedif1g the commencement of such work by thlC' Own or, The co:;t of construction and maintenance of any drainage facilities or equipment installed or constructed on, aller, through, acro:;s or under the Association Property shall be the responsibility of the Owner who installed or constructed such facilIties or equipment. Sent By: 305555 5555; Feb-6-01 1 :48PM; Page 11 I' 9 ORa 9929 p~ 808 2. Sgction 8,3. Section 6.3 or the Declaration is deleted in its entirety and the following substituted therefor: Section 8,3 (a) Drainaqe Ei:I,sement. Declarants hereby oeok'lrl;l that Parcel 3H. as set forth on the Plat, shall be subject to a perp~tuar, non-exclusive easement In favor of all Parcels and their respective Owners for drainage with the right, privilege and authority to: (i, construct. operate, lay, mn.intair., improve or repair subsuriace pipes and associated drainage facilities and equipment on, over, through, across or under Parcel :3H; (il) tie into and utilize existing drainGlg e facilities and equipment located on Parcel 3H: and (iii) utilize <;lnd discharge storm water into the drainage and retantlon pond currently located on Parcel 3H (collectively thG "Drainage Easement") Upon completion of any such COnstruction, ropair, restoration, replacement, maintenance or other altoration, any Owner p~rformin9 such work shall restOre the suriace of the Drainagl? Easement to the same condition it was in immediately prec~ding the commencement of such work by saId Owner, The cost of construction of any drainage facility or equlpmel1C installed or constructed on, over, or acros!j such Drainage Easement ~hall be the responsibility of the Owner who installed or con~tructed such facility or equipment. The right to use the DraiMge Easement for any purpose compat/bfe with the E!asement granted hereby, including parking ami other purposes allow(!d by law, is expressly reseNcd by the Owner~ of the underlying f~e simple iliterest in said Drainage Easement. Tho maintenance of the Drainago Easement shOll1 be the responsibility of the Association. The COst ot lTIaintonancCl of the Drainage Easem~nt by the Association shall be assessed solely to the Owners of Parcels utilizing the Drainage Easement for drainage purposes and each such Owner shall hear that portion of the cost of maintenance that the number of Membership IntNests allocated to th::lt Owner bears to the total numbGr of Membership Interests alloc;atgd to the Owners of all Parcf?ls utilizing the Drainage Easement. (b) Parcel 3G Drainnqe Easemant. Doclarants hereby declare that the northern 35 feet of Parcel 3G shall be subject to a pb!rpetual, non.exclusive easF.!ment in favor of all Parcets and U~elr respective Owners for drainage. witt' the right, privilege and authority to construct. operat~. lay. maintain. improve or repair subsurfaco pipes and associated drainage facilities and equipment on, OVN. through, across or under the northern 35 feet of Parcel 3G (the "Parcel3G Drainago t;:ascrnont"}. However. no new permanent above- ground drainage facilities will be permitted wittlQut the consent of the Owner of tho tmdl:?rlying fQe simple interest in said Parcel 3G Drainage Easement Upon completion of any such constructicr), repair, restoration. replacement, maintenance or other arteration. any Owner performing such work shall restore the surface of the Parc~1 :JG Draln~ge ~<lsernent to the same condition it was in imrnediat,,'y preceding the commencement of such work by said Ownor, Th~ right to USQ the Parcel 3G Dralnago E;osement for any purpose compatible with th~ eas~ment gr~nted hereby, including parking and other pUrposQS allowed by law. is exprG!>sly rQserved by the Owner of the underlying fee simple Interest in said Parcel 3G Drainage E.J:>ement. Tile cost of construction and maintenance of any dminClgs facilities or equipment installed or constructed 011, over, through, across or under the Parcel 3G DrainClge Easement shall be the responsibility ot the Owner who installed or constructed such facilities or equipment. 3, Section 86. Sactian 8.6 of the Declaration is anlendp.d to exclude Parcol3-G frorTl sharing proportionately In th~t0nanc(',! at the "Balance of Pnrcel 3-H". and tIle costs and expenses thereof, other than for drainage as provided in Section 8 3 of the D~claratlon, 2 Sent By: 305 555 5555j Feb-6-01 1 :48PMj Page 12/19 ORS 9929 P9 809 4, Recordation. The Declarants further agree that they shall record this First Amendmant to the Declaration of Restrictions in the Public Records of Palm Beach County, Florida as requir9d to effect the cha.nges referenced herein. 5, Ratification of the Dec;:,1aration, Capita!iled t~rms not otherwise defined herein shall have the meanings given to them in the Declaration, The Declar3nts hereby ratify the Declaration of Restrictions as hereby amended, and confirm that thg Declarotion. as amended, continue in full force and effect. IN WITNESS WHEREOF, the undersigned, being the Declarants hereunder, have hereunto settheir hands and sQals. J!TNfS~ ; 3Q~ ~t!~ OI\{A':> L. (o;3b 1dt~(gA --- &1~ (t:' DECLARANTS: MENORAH: MENORAH REALTY, LTD" a Florida limited partnership BY: DALFEN'S ATLANTIC ENTERPRISES LIMITED, a corporation organi;zed uncler the federal laws of Canada, as its sole gene~rtncr By: -;-Y/ - . enl ~SOCIA'rION: BOYNTON COMMERCE CENTER PROPERTY OWNERS ASSOCIATION, INC" a Florida corporation not.for-profit 8y: Murray Da en, its preSldentc- ' ~/ WOOLBRIGHT' WOOLBRIGHT PARTNERS, a Flonda general p<J.rtnorship BY: ""-L JjllJt)~t n; , ,eJJi.s ....VX 'tJ :J aooJ. a r"", Sent By: ~1-rtV6~S : ~(} , ~0e.. , Jfjuv~ ~ ' /2.0$'t(vtlf1f ~ ~=-~~&~f~o ~ ~ Jl\./4t-Q s: ~~~NI ~' ..- {1 . #f{~' l....", ~,..-----.-,' I l Li..-= '- . C(L 4 I L Q.. ~~ ~ r-J ~o~ ~5-~_7 I ~ n.. r- {)'..q.;Of &:l ". ~ 305 555 5555; Feb-6-01 1 :48PMj Page 13/19 ORB 9929 P9 B10 BY: THE RUSSELL COMPANY, l TO" a Florida limited partnership, by its sole general partMr BY; and) 8Y: '~4. ~rUu.Av CHARLES H. VON STEIN All of ils General Partners PARTNERSHIP: BOYNTON COMMERCE CENTER LIMITED PARTNERSHIP, a Florida limited partnership BY: MIG/BOYNTON COMMERCE CENTER, INC., a Florida Corpo ration, General PartMOlr By~5- {~ Barry S, Allshulcr, Vice President STATE OF ~'- ) )S8: COUNTY OF ~ ) I HEREBY CERTIFY that on this J1jday of ~~ AD, 1997. bgforemepersonaHyappearcd Murray Dalfen, as PmSldent of Da.lren's Atlantic Entcrp;t~":"" ~ited, a corporation organi2:ed under the rederallaws Qr Canada, as the sole general partner of Mef'lor~h R~alty, Ltd'l a Florida limited partl1$rship, on b~halt of that partnership He is personally known to me orflOG prod....ced id.-nlifka\ton _'_'.._ and he did/~l tako an oath, :;1"1111/1111,111111"11. WIINIIIIIIIIIIIIIIIIII1I1UI< ,); \)'~~' .it,(~ TOon1.1s C. Cobb ~ . . .. ~... Nn[aty Public, S~le of Flotlda ( , : ~ W1 ~ Coram iniull No, CC 44(406 : .' ">0' ",0'" My Commissiol) I!xp~, 03/27/99 ( . ' ( , 1,'OO,J.I<IOT,u,v, J'IA. ,",Ylv)' $orvlocA BaWolI'Co. ( .t "" """" "''''' """ \\ "" '" "'"'' "'''' ' 9 eMn- Notary Pub 'c ./. Name:~ 4 ;-;;'ti!r "~ ~ SQcJ- \ ) Sent By: 305 555 5555j Feb-6-01 1 :49PMj Page 14/19 STATE OF ~,... J).Hh ORB 9929 P9 811 COUNTY OF ) )ss: ) 1 HEREBY CERTIFY that on this J.J.i:!-day of ~ A.D. 1997. before me personalty appeared Murray Dal1en, as President of Boynton Commerc~ C~erty Owners Association, Inc" a Florida corporation, on behalf of that corporation, He is personall~ known to me or M9 preduecs faCf1tj~e3tjOf1 " and hQ did/~t take an oath. )IIIIIIINNINtlllltIININIIIIINIIIIIIIIIIIIJIII ( ), r:-.~' 't.-'c. Tbornu C, Cobb ~ 'I' .. ~ <' NolM)' Public. Sl.;ll~ of Florida ( . ; o;~ ~ Commissioll No, CC 441~06 ~ 'I '>~, f\.'>J~ My ConuuilSioQ Expires 03/2719'1 < , ( , 1,IOOH<cTA1V. 1'14 !'lOW)' s.:,..,,,,.. ~. (A, ( .J\ \)") 'I '1)))\)\ )'\w.) )WWJ'I)\ )\W~\'" 'I ,.,\W~ '1\) , '\ ~ &C~ Notary Publ~1. _. ~ t? f1 /7 Namo: I~# C . un}? STATE OF FLORIDA ) )SS: ) COUNTY OF ]),4DCZ ,...!" I I HEREBY CERTIFY that on this .;1~ day 01:fv '1 AD, 1997. before me personalty appeared Clifford Ru sse!I, as Preside"t or Woolbright Investments, lnc" a Florida corporation, a~ general partner of Woolbright Partners, a Florida general partnership, on beh~lf of that partnership. He is personally known to me .1 .... plod"'." i1.'lifi<......n.:: ~. b:" d ~ ~ t ~ ~" ,r, I>e Eli.:(!~.i~e ~ _ orncw. NO'T'ARY SEAL ~ ~_~ ~ mU.'f:N p G\JLO~ N-:O Notary PUb!'9 _ I . / LJ /. / j /J I NOiARYflJGUCSTATj:C+Fl.()!i;uA Name:~( erv f. l.T'(I(rJf-Qr'o Cm,1MlSS10:>1 i'!'J, CC';"~(\5j5 MYCOMMTSSION EXP. MAR, 17.1W:I STATE OF FLORIDA ) )SS: COUNTY OF '})~ 'f ---1 I HEREBY CERTIFY that en this~ ~~Y of ::r~I~ AD, 1997, before me personally appeared CliHord Russell, as President of CL TV, Inc., a FlOrida corporation I as general partner of The Russell Company, Ltd., a Florida limited partnorship, as general partnor of Woolbright Partners, a Florida general partnership, on behalf of that partMrship, He is personally known to me ~ h.!l3 "reeJuood jdgntitka~ _ and he ~id not take an oath. . I /_ r;;!ie&~ / /GULL--- Net<l.ry P"9~c ! /J Name: tt~ lie tV' , /d~Clr: , I I NOTAHY r'tmu.:: S'V.::: ,)~ ~'1.C,~'11;/' i CG:.f:\):~ill," ,\',1 CC!-:Of.,,;=, ; MY COMM1S5I m-l EX!' ,''tAli., l?,l"",~ OFFICIAL Nar.A[.(Y SEAl, HELL~."-i PCC'JLf.'r,'J:13 5 Sent By: 305 555 5555j Feb-6-01 1 :49PMj Page 1511~ ORB 9929 P9 812 5T ATE OF FLORIDA COUNTY OF YA:V ~ } )5S: ) f?1 -} I HERE:BY CERTIFY that on this B-3 day of J4 _ A.D. 1997, Defore me personally appeared Charles H. Von Stein. as general partner of Woolbright~ a Florida general partnership, on behalf of that partnership, He i~ personalfy known to me aT h8~ 1'1'~d idefltUicatien and he d,di<H~ take an oa,h. i / .~ omCl,t..LNOT~YSEAL d~ / ~(-- tiEl.LEN P GOLOFAl/..B .- NorA:RY~lmllcsrt-~n:,-'r- F'~(;lRIDA Notary PUb~ // / /./..- I fA / COMMISSION (',;0, CCH0t35, Name: t: ({ C IV . C.:rOIU, C( rb MYCOMM[s.$10N E.xr, ~1AR 1?.;99 STATE OF FLORIDA ) ---;} '~ 11 dV'i '.1....l s s : COUNTY OF y~ \~'I:-N.!. b ') , l1.-nt ~ I . I HEREBY CeRTIFY th<1t on this n2..: day of ~Ju III A.D. 1997, before m~ personalty appoared Barry S, Altshuler, as Vice PresidQnt of MIG/8oynton ~e Center, Inc,. a Florida corporation, as general partner of Boynton Commerce Cent~r LimitGd Partnership. a Florida limitQd partn~~hip, on behalf of that partnership, He is personally known~o me or has produced idQntification Nj'fJ::: and ne did/d~~_~~!JaKlran oath, .) ~\,\\\\IIIIII/I/"III. /~ . \ ~. l..4Q" 'III" ~V;,'fI",..("1 ~ s ~..' :.J..~~SI0,(f ,.C'~.. ~ ;:: .. _t\~ "'f'~ ... -, ~ 1~<.r~~Y I~ ~'. ~ =- :::. ~ ~~. ~ ~*: ~"'4'& ;1t~ ;b~ ICCJS0715 :d~ -:;. ;.-.... :k$ ~ ''1> '. to) "~6 "I\~ .. '>-~ ~....: '..01. z.r,l In '\l"!'''' ,..;f..t.......~ ~.I11 '(;elic"~;'~ \i \~" 11(/ ' ~'" \,\ /111/1 III Ill"" _., I ~1~'nGnd ClEC 6 Sent By: 305 555 5555j Feb-6-01 1 :49PMj Page 16/19 ORB 9929 PI;! 813 EXHIBIT 'A~ ~EV1SEO DESCRIPTION OF ASSOCIATION PROPERTY The land lying within the 50' and 80' Ingress. Egress and Utility EAsements. which run generally north.south as dedicated pursuant to and shown on the Plat of BOYNTON COMMERCE CENTER, recorded i" Plat Book 46, Pages 1:26 and 127, Public Records of Palm Beach County, Florida (the "Plat"), as amended by the doed and easement agreement referencli!d in and mOdified pursuant to that certain Agreement dated November 12, '985. b9twecn Boynton Comrnerce Center Property Owners Association, Inc. @t 011., recorded in Official Records Saok 4736. Page 627. Public Records of Palm Beach County, Florida, Said lands consisting of 2.9 acres. more or less. 305 555 5555; Feb-6-01 1 :49PM; Page 1 f! 1 ~ Sent By: ORB 9929 P9 814 CONSENT OF MORTGAGEE TO DECLARATION OF RESTRICflONS FOR BOYNTON COMMERCE CENTER JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan corporation (the "Mortgilgec"), as the, O\VT1er and holder of that certain mortgage executed by Menorah Real~, Ltd., a Florida limited partnership, dated February 28, 1996 and recorded in Official Records Book 9151 at Pag~ _.272- in the Public;: Records of Palm Deach County, which said mortgage encumbcr,5 illl or porrions of the Prope rty described in the Declaration of RescrLctions dated February 29, 1996 and recorded April 4, 1997 in Official Records Book 9729, Page 1874 of the Public Records of Palm neach Coumy, Florida (the "Declaration"). t\nd hereby consents to the ex~cution of the First Amendment to the Declaration for Boynton Commerce Center. This consent shall bc binding upon the Mortgagee. its successors and assigns, IN WITNESS WHEREOF, the Mortgtlgee has caused this instrument to be executed in its name and seal affixed 011 this 1fTJI- day of ItUq?l!J7 ,1997. Signed, scaled and delivered in the presence of; JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michig:J1l curpornlion ~ By:. ' l,,:g:\w - , .~ ~/Wv--r Print ST^TE OF -:f/~//J()/~ COUNTY OF ClmZ ) )SS; ) Th\.: foregoing ins\rument was ilcknowlcugc,d before me this J(T/I- day of /k1{,t/~1 r 1997 by MJ//t; (7J 2AC~ as ,fit; iJ.kJ;fJ 2dJ. At,!'..;),l7' of Jnckson National Life Insurance Comp:\ny. iI Michigan corporation. on bcl1::l1t' of that corporation, He/She is personally known to me or h;\<; produced ,_,_ liS iJt:ntitiG(\tion Mycommi"ion "'pi"" _~d'b-sd.. ~u.4d<-a~_ NarnL':_.~-It.-(.,.i4rV ,~ 7i~I'1'P - Cql1lmi<;silln N\lrnhcr:__, . ~.. Notary Pllblic Sta te of "7''--'-1 .t!dl .') !lCU'fl., ,'.. au. / ,.va lNOTARIAL SEAL] G'-'-'~' "'(~:';-:--:--- ::<,-;- .., '~-'_... IIlll."':,,\, NOTA 1<\ ' '. ,_" 'LUl'.'f)i:; ~f~,..(~r~:__, ~~ \,1', \,(',U;",::11 ---- '.-.--.-. ----- ------------ -.--- 305 555 5555; Feb-6-01 1 :50PM; Page 1tjfl~ Sent By: ORB 9929 P'3 815 CONSENT Of MORTGAGEE TO DECLARATION OF RESTRICTIONS FOR BOYNTON COMMERCE CENTER NATIONSBANK N,A. (SOUTH) , a national bank (the "Mortgagee~), as successor to Intercontinental Bank, a Florida hank ("Intercontinental"), as the owner and holder of that certain mortgage in favor of Clifford Russell, as Truste{; of The Russell Re.vocable Trust ("Russe1l"), dated' May 18, 1989 and recorded In oflida! Records &>ok 6071 at Page 593 as assigned by Russell to Inter<.~ontinental by instrument recorded in Official Records Book 6241, Page 973, and as modified by instluments recorded in Oft1cial Records Book 6241, Page 970, Official Records BoOk 7452, Page 518, and Oftidal Records Book 9041, Page 12, all in the Public Records of Palm Beach County, which said mortgagl.~ erlcumbcrs all or portions of the Property described in tne Declaration of Restricr.ions dated February 29, 1996 nnd. recorded April 4, 1997 in Official Records Book 9729, Page 1874 of the Public Records of Palm Beach County, Florida (the "Declaration"). and hereby consents to the execution of the First Amendment to the Declaration for Boynton Commerce Center. This Cl..)nset\t shall be binding lIpon the Mortgagee, its succc:-;sors and as\;igns, IN WITNESS WHERE?J-lr Mong, 'ee name (md seal affixed on the _ day of Signed, sealed and dcli\i~~rcd in the presence of: s cau~ed this instrument to In: executed in its ,1997. NAT~ONS)3,AN1( N,A. (SOUl1-I) a natlonalfbank...-, /) '- ,! rj By,}c,r i ,,_ /J (!J,",,~ /. "." ~' /;7) lt~L ,~)I( (/(--<. V(?;.;/~ I "'!L<J~ :t:U '" LJr.-,<V1 i ~- "fO.!':}';",; STATE OF fLOXI OA ) -t-vl tl" )SS: COUNTY OF ~ .__) ~ '.11. Cf7-< ~ The orcooino ill~crllrncnr W(15 ac.:knowleqgcd b' ore Ole this :) day of ~, 1997 by !.:rI'Irr10 re_ as 2r' V! ./ d~r of NATIONSBANK N,A. (SOUTH), (\ national bank. on behalf of lhat bank, He/She is personally known to m~ or has produced Ll~ ick'ntific.:atJofl. . Nnme:... Fto rl a.l~ lNOTAR1AL SEAT 1 ~.,., ,~ lVl1'U c~ PO .fl n 4' My Co,-.,INI,iof\ ~C3~Z&O'J * ~ 'Jtr f;lIllltu D~, 21. ' ... qg. BoJr'Idotd I)V ~tjB " <1"" &OO.4!12.~70 1'1/1' ,,\I My commis~ic1l1 expires: nr.:c.lJ()A.,k nd~ r _."a ~ ~----- --------- FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO: John Doogan, Avirom & Assoc FAX: 561-394-7125 FROM: Pat Tucker DATE: 3/23/01 NUMBER OF PAGES: (including cover) J!J Boynton Commerce Center RE: You are on the Planning & Development Board meeting Agenda in the City Commission Chambers on March 27th at 7:00 PM. If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742.6260. Thank you. L TRANSMISSION VERIFICATION REPORT TIME 03/26/2001 10:22 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE,TIME FAX NO./NAME DURA TI 01'1 PAGE(S) RESULT MODE 03/26 10:14 91561394712508865 00:07:40 14 OK STANDARD ECM