LEGAL APPROVAL
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This instrument was prepared by and, aft
Joel B. Giles, Esquire '
POWELL, CARNEY, MOORE, HUCKS &
Barnett Tower
One Progress Plaza, Suite 1210
Post Office Box 1689
St. Petersburg, Florida 33731-1689
(813) 898-9011
(813) 898-9014 (Telecopier)
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recording, return to:
DECLARATION OF EASEMENTS.
COVENANTS. CONDmONS. AND RESTRICTIONS
THIS DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS, AND
RESTRICTIONS (this "Declaration") is made this ~ day of ~ ' 1993, by
MAX DEVELOPERS, INC., a corporation organized and existin 9- del' the laws of the State
of Florida with its principal place of business at (and the maihng address of which is) 1101
North Congress Avenue, Suite 201, Boynton Beach, Florida 33426, ("Owner") for its benefit
and for the benefit of its successors and assigns.
WIINgSSgIH
WHEREAS, Owner is the owner of three adjoining parcels of real property
(individually, a "Parcel" and, collectively, the "Parcels" or the "Shopping Center") in Palm
Beach County, Florida, described in,Exhibit "A", which is attached hereto, (the "Control
Parcel"); Exhibit "B", which is attached hereto, (the "Olive Garden Parcel"); and Exhibit "C",
which is attached hereto, (the "Carney Bank Parcel" and, with the Olive Garden Parcel,
collectively, the "Outparcels"); upon which Shopping Center the Owner and/or its
predecessors or tenants have constructed and maintained and intend to construct and
maintain various improvements and/or to sell parcels or parts thereof to others (the
"Future Owners"); and
WHEREAS, Owner desires to declare, establish, grant, and reserve for Owner and
for its successors and assigns, including the Future Owners, reciprocal, non-exclusive
easements (i) for ingress and egress, (H) for limited common parking rights, (Hi) for the
provision of utilities, (iv) for drainage, and (v) for signage; and
WHEREAS, Owner desires to declare and establish for Owner and for its successors
and assigns, including the Future Owners, certain restrictive covenants as to the use of
Shopping Center;
NOW, THEREFORE, for and in consideration of the easements, covenants,
conditions, and restrictions herein contained, Ten and No/I00ths Dollars ($10.00), and
other good and valuable consideration, the receipt and legal sufficiency of which are hereby
aCkn~dged' Owner hereby declares as follows:
1. Grant of Easement for Ingress and Egress and Parking. Owner hereby
decI es, establishes, grants, and reserves for the benefit of each and every person,
partnership (whether general or limited), corporation, or other legal entity hereafter
owning the Shopping Center or any parcel or part thereof, including the Outparcels, and
their respective licensees, invitees, employees, agents, successors, and assigns, a non-
exclusive easement, license, right, and privilege of ingress and egress, both pedestrian and
vehicular, for the purpose of providing access to the places of business constructed thereon
and parking incidental thereto, over and upon all sidewalks (which are and shall be for
pedestrian use only), service roads, driveways, and parking areas (collectively, the
"Common Areas") located from time to time upon the Shopping Center. The intent of this
Paragraph 1 is to allow free access to and from the public roads and highways abutting the
Shopping Center to the places of business constructed upon the Shopping Center.
Notwithstanding the foregoing, the fee simple owner of the Control Parcel shall have the
right to construct, reconstruct, and relocate buildings, sidewalks, service roads, driveways,
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and parking areas in such a way as to affect such free access, and the non-exclusive
easement, license, right, and privilege granted by this Declaration shall then apply only to
the sidewalks, service roads, driveways, and parking areas as constructed, reconstructed,
relocated, and existing from time to time; provided, however, that any such sidewalks,
service roads, driveways, and parking areas shall continue to provide access to and parking
for the Outparcels comparable to that existing prior to such construction, reconstruction,
or relocation and, to the extent required by governmental authorities, shall conform with
all applicable regulations promulgated by governmental authorities having jurisdiction over
the Shopping Center. Notwithstanding any provision in this Declaration to the contrary,
no curb, fence, hedge, or other barrier shall be constructed or maintained on the common
boundary between the Outparcels and the Control Parcel or elsewhere on the Shopping
Center so as to unreasonably interfere with or obstruct existing pedestrian or vehicular
ingress and egress from the public roads and highways abutting the Shopping Center to the
Control Parcel and the Outparcels or between the Outparcels and the Control Parcel or, in
the judgment of the fee simple owner of the Control Parcel, impair the visibility of the
Control Parcel, or any of the places of business constructed thereon, from the public streets
and highways abutting the Shopping Center or from the Outparcels, without the prior
written consent of the fee simple owner of the Control Parcel.
2. Grant of Easement for Utility Lines and Storm Drainage. Owner hereby
declares, establishes, grants, and reserves for the benefit of each and every person,
partnership (whether general or limited), corporation, or other legal entity hereafter
owning the Shopping Center or any parcel or part thereof, including the Outparcels, and
their respective licensees, invitees, agents, successors, ~d assigns, a non-exclusive
easement (the "Utility Easement") upon, over, and/or across)m area five feet (5.0') on
either side of any and all existing utility lines serving the Shopping Center, including, but
not limited to, existing water, sewer, storm drainage, electrical, and telephone lines (the
"Utility Lines"). Any installation and maintenance of such Utility Lines shall be done in
such a manner as to cause the least interference with the operation of the businesses being
conducted upon the Shopping Center and new Utility Lines shall be installed only with the
prior written consent of the owner whose parcel or part of the Shopping Center or
Outparcel is being affected by such installation. Such owner may condition its consent on,
by way of illustration and not limitation, the time or times during which such Utility Lines
are to be installed, maintained, or replaced. Any such consent shall not be unreasonably
withheld or denied and shall be given or denied within thirty (30) days after receipt of a
request therefor, in default of which such consent shall be deemed given. Notwithstanding
the foregoing, the fee simple owner of the Control Parcel shall have the right to enlarge
or relocate the Utility Easement, and the utility lines therein; provided, however, that, to
the extent the Utility Easement is then being used by the owners of the Outparcels, the
relocation of the Utility Easement does not materially reduce the benefit of the Utility
Easement to the owners of the Outparcels.
3. Grant of Easement for Landscaping and Signage. (Intentionally omitted.)
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4. Affirmative Covenants with Respect to All Parcels. The fee simple owner(s)
of the Shopping Center and any parcel or part thereof, including the Outparcels, shall be
bound by the following affirmative covenants:
(a) No building or other structure of any kind or nature shall be
constructed, erected, or otherwise located on any portion of the Common Area without the
prior written consent of the owner of the Control Parcel, which consent shall not be
unreasonably withheld; provided, however, that there may be constructed and maintained
upon or over said Common Area a canopy or canopies projecting from the building areas
and doors for ingress and egress projecting from such building areas, and signs approved
by the owner of the Control Parcel and government authorities having jurisdiction over the
Shopping Center, which may be placed upon said canopy or canopies so long as said signs
do not obstruct the signs of any other owner or owner's tenant. No signs, including, but
not limited to, the signs provided for hereinabove, directional signs, and pylon signs, shall
be erected or maintained upon the Shopping Center without the prior written approval of
the owner of the Control Parcel. Nothing contained herein shall be construed to require
the owner of any Parcel to obtain the consent of the owner of any other parcel except for
the owner of the Control Parcel prior to the installation of a pylon sign on such owner's
Parcel. If only one pylon sign is permitted to be erected upon the Shopping Center by any
governmental agency having jurisdiction over all Parcels, Owner reserves to the owner of
the Control Parcel that right to erect said sign upon the Control Parcel.
(b) Any construction being performed upon the Shopping Center shall not
unreasonably interfere with the operation of any business conducted upon the Shopping
Center.
(c) The Common Area shall not be used for any purposes other than the
parking of motor vehicles during normal business hours and their ingress and egress, the
ingress and egress of pedestrians, and drainage without the prior written consent of the
owner of the Control Parcel. Without the prior written consent of the owner of the Control
Parcel, no motor vehicle or trailer may remain continuously parked upon the Common
Areas for more than twenty-four (24) hours, nor may such vehicle or trailer be used for
advertising purposes upon the Shopping Center or to conduct sales. No obstructions of any
kind shall be permitted without the prior written consent of the owner of the Control
Parcel.
(d) The area provided upon the Shopping Center for the parking of
automobiles shall be sufficient to accommodate no less than five (5) automobiles for each
1,000 square feet of gross building area upon the Shopping Center, with spaces double
striped on 10' centers for each automobile, and, in any event, the number of parking spaces
provided upon each Outparcel shall never be reduced, unless a reduction is consented to
by the owner of the Control Parcel and approved by all appropriate governmental
authorities. The number of parking spaces within the Shopping Center as a whole shall
always remain at a minimum of 380 spaces, as shown on Exhibit "0"; provided, however,
that the owner of the Control Parcel may make a nominal reduction in the number of
parking spaces where necessary to comply with requirements imposed by governmental
authorities having jurisdiction over the Shopping Center (such as those contained in the
Americans with Disabilities Act) and not merely to comply with existing building or zoning
codes, where reasonable efforts are made to provide alternative parking spaces within the
Shopping Center or the Outparcel or parcel thereof affected thereby.
(e) The portion of the Shopping Center indicated by cross-hatching on the
site plan attached hereto as Exhibit "0" shall not be used for the operation of any
restaurant of over 6,000 square feet in gross leasable area, movie theater, bowling alley,
dance hall, night club or cocktail lounge over 4,000 square feet, grocery store (excluding
convenience type markets), or any high density user whose operation would substantially
diminish parking in the Common Area of the Shopping Center. A high density user, for the
purpose of this provision, shall mean a user whose building or zoning code parking
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requirement is sub~tantially lower than the parking such user would actually use in its
reasonably foreseeable operations.
(0 No portion of the Shopping Center shall be used for the sale of or
display of pornographic material, or the operation of any pornographic business, including
without limitation, massage parlors, adult theaters, and adult bookstores.
(g) No Parcel owner shall modify the curb cuts or driveways as shown on
Exhibit "0" without a document or instrument, execut~d by the owner of the Control
Parcel, evidencing the prior written consent and approval of the owner of the Control
Parcel, being recorded in the public records of Palm Beach County, Florida.
(h) All sidewalks shall be concrete and all service drives, parking aisles,
driveways, streets, and parking area shall be graded, leveled, and paved with concrete or
asphalt, clearly marked with painted lines, which shall be repainted as required. There
shall be unobstructed use of sidewalks, driveways, and roadways for motor vehicle and
pedestrian traffic to and from each building upon all the Shopping Center and all adjacent
public streets and highways. There shall be no charge of any kind for use of the common
facilities or any additions thereto. All of the common facilities, including any signs owned
by the owner of the Control Parcel or permitted by the owner of the Control Parcel, shall
be constructed in a workmanlike manner and shall be maintained by the owner thereof,
at its sole cost and expense, in an adequate, sightly, and serviceable condition. Such
maintenance shall include, without limitation, keeping the same reasonably clear of foreign
objects, paper, debris, obstructions, and standing water and supplying adequate
illumination during normal business hours and for a reasonable period prior and
subsequent thereto.
(i) The parking lot shall be ground level only and will remain as shown
on Exhibit "0" unless the prior written consent is obtained from the owner of the Control
Parcel for any change or alteration. The owner of each Parcel shall maintain ingress and
egress facilities to public highways in the number and substantially the locations depicted
on Exhibit "0", subject to unavoidable temporary closings or relocations necessitated by
public authority or other circumstances beyond the respective owner's control. No business
shall be conducted on the parking lot.
CD The owner of the Control Parcel shall have the right to approve all
exterior architectural plans and materials prior to the commencement of any construction
within the Shopping Center so as to insure conformance with the site plan and the
character of the overall development of the Shopping Center, which approval shall not be
unreasonably withheld. In addition to general structural and aesthetic standards, the
owner of the Control Parcel may require that the following standards be met:
(1) All garbage dumpsters and other garbage collection facilities
shall be shielded from view structurally or by landscaping; and
shall be maintained in conformance with the requirements of
governmental authorities having jurisdiction over the Shopping
Center; and
(2) All roof-top mechanical equipment and other equipment
protruding through the roof or located on the roof of any
building shall be architecturally and structurally shielded from
public view.
(k) The buildings to be constructed shall be constructed within the
footprints shown on Exhibit "0" unless a deviation or change is approved by the owner of
the Control Parcel and a document or instrument, executed by the owner of the Control
Parcel recorded in the public records of Palm Beach County, Florida.
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(1) The 'owner of each Parcel shall have the right, at its own cost and
expense to erect and maintain signs advertising its business on the exterior of any building
upon its respective Parcel. Any such signs shall be its or its tenant's standard sign as
indicated on guide plans and shall conform to the requirements of the owner of the Control
Parcel and governmental authorities having jurisdiction over the Shopping Center.
(m) No pylon signs shall be erected without the prior written consent of
the owner of the Control Parcel. The owner of the Control Parcel shall not be required to
erect a shopping center identification pylon sign; however, if such a sign is erected, the
owner of the Control Parcel shall not be required to permit the owner of any particular
Outparcel to erect its sign upon the pylon sign structure, even if the owners of other
Outparcels are permitted to place their sign on the pylon sign structure. Notwithstanding
the foregoing, if, after any conveyance of the Olive Garden Parcel by Owner to General
Mills Restaurants, Inc., General Mills Restaurants, Inc., is unable to obtain the necessary
approval of all governmental agencies having jurisdiction over the Shopping Center to erect
a freestanding sign fronting on Congress Avenue, General Mills Restaurants, Inc., shall have
the right to place its sign on the existing pylon sign structure in a prominent, but not the
most prominent, position; provided, however, that in placing its sign on the existing pylon
sign structure, General Mills Restaurants, Inc., shall comply with the requirements of all
governmental agencies having jurisdiction over the Shopping Center.
(n) The owner of each parcel shall insure the "entire premises" against loss
by fire or disaster, for the actual cash replacement value thereof. A copy of such policy or
certificate thereof shall be furnished to the owner of the Control Parcel upon request. In
the event any building on any parcel is partially damaged or totally destroyed by fire or
other disaster, the owner thereof shall promptly cause the same to be substantially
restored; provided, however, that the owner of the Olive Garden Parcel may, in the event
the building thereon is partially damaged or totally destroyed by fire or other disaster,
elect, in lieu of substantially restoring said building, to return said Parcel to its graded and
levelled condition.
(0) The use made by the owner of any Outparcel shall not conflict with
any then-current exclusive rights or privileges for the rendering of services, or the sale of
products, theretofore granted by the fee simple owner of the Control Parcel in existing
leases for other parts of the Shopping Center.
(p) The owner and occupant of each Outparcel agrees to indemnify and
save harmless the owner of the Control Parcel from and against any and all claims and
demands whether from injury to person or loss of life, or damage to property occurring
within the respective Outparcel, excepting, however, such claims or demands as may result
from any injury or damage caused by acts or omissions of the owner of the Control Parcel.
(q) Owner reserves for the owner of the Control Parcel the right to impose
upon any of the parcels or parts of the Shopping Center then owned by the owner of the
Control Parcel additional restrictions by the execution of amendments hereto or by
supplemental declarations; provided, however, that with respect to amendments or
supplemental declarations made pursuant to this paragraph, the owner of the Control
Parcel shall first obtain the consent of the owner of the Olive Garden Parcel (which consent
shall not be unreasonably withheld or denied) by notifying the owner of the Olive Garden
Parcel, in writing, of its intention to make such amendments or supplemental declarations.
The owner of the Olive Garden Parcel shall have twenty (20) days from the date of receipt
of such notice to notify the owner of the Control Parcel of their reasonable objections to
such amendments or supplemental declarations, failing which the owner of the Control
Parcel may proceed with such amendments or supplemental declarations (of which the
owner of the Olive Garden Parcel has been notified) without the consent of the owner of
the Olive Garden Parcel. No such amendments or supplemental declarations shall
materially adversely affect existing access to and parking for the Outparcels, or otherwise
materially adversely affect the other substantive rights of the owners of the Outparcels,
whether with respect to the easements declared, established, granted, or reserved by this
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Declaration for the benefit of the owners of the Outparcel or otherwise. For purposes of
the foregoing provision, no amendment shall be deemed to materially adversely affect
existing access to and parking for the Outparcels if the Declaration, as amended, continues
to provide access to and parking for the Outparcels comparable to that provided before the
amendment. Amendments or supplemental declarations made pursuant to this paragraph
need only be executed by the owner of the Control Parcel.
(r) The easements, licenses, rights and privileges established, created, and
granted hereby will be for the benefit of, and restricted solely to, the fee simple owners or
their assigns of all or any portion of the Shopping Center, as their interest as owners of the
dominant estates set forth above may appear; however, any such fee simple owner may
grant the privilege or benefit of such easement, license, right, or privilege to its tenants,
subtenants, agents, guests, invitees, customers, and licensees; provided, however, that the
easement and rights granted herein will, in no event, be construed to create any right in
or for the benefit of the general public.
5. Operation and Maintenance of Common Area.
(a) Areas to be used for motor vehicle parking purposes by employees of
occupants of all Parcels may be designated within the Shopping Center from time to time
by the owners of each Parcel.
(b) The owners of the Outparcels shall pay all taxes and assessments prior
to delinquency on the building area owned by them and on the common area within such
owner's parcel. If either of such owners shall fail to pay said taxes and assessments prior
to delinquency, the owner of the Control Parcel may do so, and may then bill the
defaulting owner for the expense incurred. If the defaulting owner shall not pay said bill
within fifteen (15) days, the owner of the Control Parcel shall have a lien on the property
of the defaulting owner for the amount of said bill, which lien shall attach as of the date
of the recording of a Claim of Lien under this provision, plus the costs and a reasonable
attorneys fee incurred in any legal action brought to enforce such lien, which amount shall
bear interest at the highest rate allowed by law, until paid.
(c) The owner of the Control Parcel shall operate and maintain or cause
to be operated and maintained the Common Area of the Shopping Center and shall keep
the same, or cause the same to be kept, in good condition and repair, with adequate
lighting, and shall maintain the surface area thereof in a level and smooth condition, evenly
covered with the type of surfacing material originally installed thereon, or shall cause the
same thus to be maintained. As a part of said operation, the owner of the Control Parcel
shall obtain and maintain general public liability insurance insuring all persons who now
or hereafter own or hold portions of the Shopping Center or any leasehold estate or other
interest therein, as their respective interests may appear, (provided, however, that the
owner of the Control Parcel is notified in writing of such interest) against claims for
personal injury, death, or property damage occurring in, upon, or about the Common Area.
Such insurance shall be written with an insurer licensed to do business in the State of
Florida and shall have a combined single limit of $5,000,000.00.
(d) The owner of the Olive Garden Parcel shall pay a portion of the costs
and expenses associated with the common areas of the Shopping Center, as follows:
(1) The owner of the Olive Garden Parcel shall pay, in addition to
any real estate or tangible personal property taxes and assessments and the like levied or
assessed against the Olive Garden Parcel and any improvement or tangible personal
property thereon or used in connection therewith, twenty percent (20%) of the following:
(i) the total amount of any and all real estate taxes and assessments levied or assessed
against the Control Parcel (the "Shopping Center Taxes") attributed by the Palm Beach
County Property Appraiser to the land, as opposed to the improvements thereon, and (ii)
thirty percent (30%) of the Shopping Center Taxes attributed by the Palm Beach County
Property Appraiser to the improvements on the land. The owner of the Olive Garden
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Parcel shall not be required to pay any tangible personal property taxes attributable to the
Control Parcel. If, 'in any calendar year (the "year in question"), the Palm Beach County
Property Appraiser fails or refuses to attribute portions of the total amount of the Shopping
Center Taxes to each of the land and the improvements thereon, the portion of the
Shopping Center Taxes attributable to each shall be determined by the percentage of each
with respect to the total amount of the most recent assessment for which such information
is available.
(2) The owner of the Olive Garden Parcel shall pay twenty-two
percent (22%) of all costs and expenses (other than real estate taxes and assessments) of
operating, managing (including administrative costs and expenses, which shall not exceed
fifteen percent (15%) of the total of the costs and expenses associated with the common
areas of the Shopping Center), equipping, maintaining, repairing, replacing, and policing
the common areas of the Shopping Center, including, without limitation, the costs and
expenses of casualty and liability insurance; the costs and expenses of all materials,
supplies, and services purchased or hired therefor; the costs and expenses of landscaping,
gardening, planting, and irrigation; the costs and expenses of cleaning, painting,
decorating, paving, repaving, and sealing, and lighting; the costs and expenses of sweeping
the sidewalks, parking areas, access and service roads, and driveways and the provision of
other sanitation services (but excluding fees for garbage and trash collection and disposal
imposed by public utility authorities, whether governmental or private); and the costs and
expenses of all utilities used in connection therewith. For purposes of this provision,
"common areas" shall mean all areas, space, facilities, equipment, signs, and special services
from time to time made available by the owner of the Shopping Center for the common
and joint use of the owner of the Shopping Center, the owners of the Outparcels, and the
other tenants and occupants of the Shopping Center and their respective employees, agents,
subtenants, concessionaires, licensees, customers, and invitees, which may include (without
representation as to their availability) sidewalks, parking areas, access and service roads,
driveways, landscaped areas, and ramps.
(e) The owner of the Carney Bank Parcel shall pay a portion of the costs
and expenses associated with the common areas of the Shopping Center, as follows:
(1) The owner of the Carney Bank Parcel shall pay, in addition to
any real estate or tangible personal property taxes and assessments and the like levied or
assessed against the Carney Bank Parcel and any improvement or tangible personal
property thereon or used in connection therewith, a percentage (to be determined
subsequent to the execution hereof and indicated in a supplemental declaration) of the
following: (i) the total amount of any and all real estate taxes and assessments levied or
assessed against the Control Parcel (the "Shopping Center Taxes") attributed by the Palm
Beach County Property Appraiser to the land, as opposed to the improvements thereon, and
(ii) a percentage (to be determined subsequent to the execution hereof and indicated in a
supplemental declaration) of the Shopping Center Taxes attributed by the Palm Beach
County Property Appraiser to the improvements on the land. The owner of the Carney
Bank Parcel shall not be required to pay any tangible personal property taxes attributable
to the Control Parcel. If, in any calendar year (the "year in question"), the Palm Beach
County Property Appraiser fails or refuses to attribute portions of the total amount of the
Shopping Center Taxes to each of the land and the improvements thereon, the portion of
the Shopping Center Taxes attributable to each shall be determined by the percentage of
each with respect to the total amount of the most recent assessment for which such
information is available.
(2) The owner of the Carney Bank Parcel shall pay a percentage (to
be determined subsequent to the execution hereof and indicated in a supplemental
declaration) of all costs and expenses (other than real estate taxes and assessments) of
operating, managing (including administrative costs and expenses, which shall not exceed
fifteen percent (15%) of the total of the costs and expenses associated with the common
areas of the Shopping Center), equipping, maintaining, repairing, replacing, and policing
the common areas of the Shopping Center, including, without limitation, the costs and
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expenses of casualty and liability insurance; the costs and expenses of all materials,
supplies, and servkes purchased or hired therefor; the costs and expenses of landscaping,
gardening, planting, and irrigation; the costs and expenses of cleaning, painting,
decorating, paving, repaving, and sealing, and lighting; the costs and expenses of sweeping
the sidewalks, parking areas, access and service roads, and driveways and the provision of
other sanitation services (but excluding fees for garbage and trash collection and disposal
imposed by public utility authorities, whether governmental or private); and the costs and
expenses of all utilities used in connection therewith. For purposes of this provision,
"common areas" shall mean all areas, space, facilities, equipment, signs, and special services
from time to time made available by the owner of the Shopping Center for the common
and joint use of the owner of the Shopping Center, the owner of the Carney Bank Parcel,
and the other tenants and occupants of the Shopping Center and their respective employ-
ees, agents, subtenants, concessionaires, licensees, customers, and invitees, which may
include (without representation as to their availability) sidewalks, parking areas, access and
service roads, driveways, landscaped areas, and ramps.
6. Restrictions as to Competition. Owner agrees that, for a period of twenty
(20) years from the date of any conveyance of the Olive Garden Parcel by Owner to
General Mills Restaurants, Inc., and provided that General Mills Restaurants, Inc., or its
successors and assigns operate upon the Olive Garden Parcel a food service establishment
featuring or specializing in the sale, at retail, of prepared italian food, Owner shall not
lease, sublease, or otherwise operate or contract, by conveyance or otherwise, within the
Shopping Center, for a food service establishment featuring or specializing in the sale, at
retail, of prepared italian food in a manner similar to General Mills Restaurants, Inc.
Featuring or specializing in the sale, at retail, of prepared italian food, for the purpose of
this provision, shall mean that prepared italian food shall be identifiable as predominant
menu items in terms of sales volume or public identification. The aforesaid restriction shall
not be applicable to any food service establishment not featuring or specializing in the sale,
.at retail, or prepared italian food or any purveyor of unprepared foods intended for future,
off-premises consumption.
7. Covenants Run With the Land. Each easement, covenant, condition, and
restriction contained herein shall be appurtenant to and for the benefit of all portions of
the Shopping Center, and shall run with the land, and shall be binding upon each and
every successor-in-interest of Owner, regardless of whether the deed or other instrument
of conveyance by which such successor-in-interest acquires title shall recite that the
Shopping Center or any part or parcel thereof is subject and subordinate to the terms and
provisions hereof.
8. Privity of Contract and/or Estate. This Declaration will create privity of
contract and/or estate with and among all grantees of the Shopping Center, their heirs,
successors, executors, administrators, representatives, and assigns. In the event of the
breach of any of the terms, covenants, or conditions hereof, anyone or more of the fee
simple owners, or their mortgagees, of any portion of the Shopping Center will be entitled
to full and adequate relief by all available legal and equitable remedies from any
consequence of such breach, and all costs and expenses of any suit or proceeding for
enforcement, including reasonable attorneys' fees, will be assessed against the defaulting
owner.
9. Duration. Except as otherwise provided herein, each easement, covenant,
condition, restriction, and undertaking contained in this Declaration shall exist in
perpetuity, unless the owners of all of the Parcels agree, in writing, to the contrary.
10. Iniunctive Relief. In the event of any violation or threatened violation by any
owner, tenant, or occupant of any portion of the Shopping Center of any of the terms,
covenants, restrictions, and conditions contained herein, in addition to the other remedies
herein provided, any or all of the owners of the property included within the Shopping
Center shall have the right to enjoin such violation or threatened violation in a court of
(C:\WP5D\COASTFED.BOY\DECLARAT.DDZ:D71393:1355em) 8
!JAB . B 1 9 r9 '1 '1 :,""]. 7
competent jurisdiction and shall be entitled to recover the costs and a reasonable attorney's
fee for bringing such action.
11. Amendment and Modification Provision. Except as provided elsewhere
herein, this Declaration may not be modified in any respect whatsoever, or rescinded, in
whole or in part, except with the consent of the owner of the Control Parcel and of all
Parcels affected by the modification or rescission at the time of such modification or
rescission, and then only by a written instrument duly executed and acknowledged by the
requisite owners, duly recorded in the public records of Palm Beach County, Florida. Any
tenant of all or any portion of the Shopping Center is hereby put on notice that this
instrument may be released, subordinated, modified, rescinded, or amended without the
necessity of obtaining its consent.
In addition to any other rights reserved herein, Declarant reserves to the
owner of the Control Parcel the right to amend this Declaration without the joinder and
consent of any other Parcel owner, lessee, or mortgagee as to the rights and duties of the
owner of the Control Parcel or for the purpose of:
(a) Correcting scrivener's error; and/or
(b) To comply with any reasonable requirements and guidelines of
institutional mortgagees, as that term is commonly used (including,
but not limited to, banks, savings and loans, mortgage brokers,
mortgage bankers, insurance companies and their subsidiaries, heirs,
administrators, successors, and assigns); and/or
(c) To comply with the laws, ordinances, rules, and regulations of the
United States, the State of Florida, Palm Beach County, and any other
government body having jurisdiction over the Shopping Center;
and/or
(d) To create a new Out Parcel (any such amendment may include
changes to various provisions of this Declaration as may be
appropriate to reflect the creating of this new out parcel [i.e.
provisions pertaining to signage, easements, common area
maintenance, redefinition of the legal boundaries of the Control Parcel
and other matters affected by such an amendment or appropriate for
consideration]) ;
provided, however, that with respect to amendments pursuant to clauses (b), (c), and (d)
of this paragraph, the owner of the Control Parcel shall first obtain the consent of the
owner of the Olive Garden Parcel (which consent shall not be unreasonably withheld or
denied) by notifying the owner of the Olive Garden Parcel, in writing, of its intention to
make such amendments. The owner of the Olive Garden Parcel shall have twenty (20)
days from the date of receipt of such notice to notify the owner of the Control Parcel of
their reasonable objections to such amendments, failing which the owner of the Control
Parcel may proceed with such amendments or supplemental declarations (of which the
owner of the Olive Garden Parcel has been notified) without the consent of the owner of
the Olive Garden Parcel. No such amendment shall materially adversely affect existing
access to and parking for the Outparcels, or otherwise materially adversely affect the other
substantive rights of the owners of the Outparcels, whether with respect to the easements
declared, established, granted, or reserved by this Declaration for the benefit of the owners
of the Outparcels or otherwise. For purposes of the foregoing provision, no amendment
shall be deemed to materially adversely affect existing access to and parking for the
Outparcels if the Declaration, as amended, continues to provide access to and parking for
the Outparcels comparable to that provided before the amendment.
12. Not a Public Dedication. Nothing herein contained shall be deemed to be a
gift or dedication of any portion of the Shopping Center to the general public or for the
(C:\WP50\COASTFED.BOY\DECLARAT.OOZ:071393:1355em) 9
ORa . 81 9 r~ j 1 :,? f\
general public or for any 'public purposes whatsoever, it being the intention of Declarant
that this Declaration shall be strictly limited to and for the purposes herein expressed.
13. Breach Shall Not Permit Termination. No breach of this Declaration shall
entitle any owner to cancel, rescind, or otherwise terminate this Declaration, but such
limitation shall not affect in any manner any other rights or remedies which such owner
may have hereunder by reason of any breach of this Declaration. Any breach of any of said
covenants or restrictions, however, shall not defeat or render invalid the lien of any
mortgage or deed of trust made in good faith for value, but such covenants or restrictions
shall be binding upon and effective against such owner of any of said property or any
portion thereof whose title thereto is acquired by foreclosure, trustee sale, or otherwise.
14. Severability. If any clause, sentence, or other portion of this Declaration shall
become illegal, null, or void for any reason, or shall be held by any court of competent
jurisdiction to be so, the remaining portions thereof shall remain in full force and effect.
15. Enforcement of Lien. The liens provided for in Paragraph 5 above may be
filed for record by the party entitled thereto as a claim of lien against the defaulting owner
in the public records of Palm Beach County, Florida, signed and verified, which shall
contain at least:
(a) A statement of the unpaid amount of costs and expenses;
(b) A description sufficient for identification of that portion of the
property of the defaulting owner which is the subject of the lien; and
(c) The name of the owner or reputed owner of the property which is the
subject of the alleged lien.
Such lien, when so established against the real property described in said lien,
shall be prior and superior to any right, title, interest, lien, or claim which may be or had
been acquired or attached to such real property after the time of filing of such lien. Such
lien shall be for the use and benefit of the person filing same, and may be enforced and
foreclosed in a suit or action brought in any court of competent jurisdiction, but such lien
shall not be enforceable against any owner acquiring title through foreclosure of the lien
of any first mortgage. Any such lien shall be subject to and subordinate to the lien of any
first mortgage on any of the parcels.
16. Common Ownership of Shopping Center. The ownership of the entire
Shopping Center by the same party shall not effect the termination of this Declaration.
17. Consent In Writing. Wherever this Declaration requires the consent, written
consent, or prior written consent of the owner of the Control Parcel, such consent shall be
deemed to have been given only when an instrument duly executed and acknowledged by
the owner of the Control Parcel and expressly indicating the required consent has been
duly recorded among the public records of the county in which the Shopping Center is
located.
18. Notices. Any notice required or permitted under this Declaration shall be
deemed sufficiently given if given personally or by certified mail, postage prepaid, return
receipt requested, at such party's address in the Shopping Center or at such other address
as the party shall designate by written notice to the other parties. Any notice to Owner
shall be given at the following address unless Owner gives written notice to the other
parties that such address has changed:
MAX DEVELOPERS, INC.
1101 North Congress Avenue, Suite 201
Boynton Beach, Florida 33426
(C:\WP50\COASTFED.BOY\DECLARAT.002:071393:1355em) 10
ORB 7 B 1 9 pg 1 j ~-:~ 9
Any notice to the oWner of the Olive Garden Parcel shall be given at the following address
unless the owner of the Olive Garden Parcel gives written notice to the other parties that
such address has changed:
GENERAL MILLS RESTAURANTS, INC.
1751 Directors Row
Orlando, Florida 32809
Att'n: Legal Department
IN WITNESS WHEREOF, the Owner has caused this instrument to be executed on
the day and year first above written.
(C:\WP50\COASTFED.BOY\DECLARAT.002:070693:1355em) 11
OHB 7B 1 9 fJg 1 "1 ~f1
WITNESSES:
MAX DEVELOPERS, INC.
~at<JU-/ ~
(SI on thIS hne)
n?ar'"jiF.- C!of/Cr-
(Legibly print name on this line)
By:
--:So..C'C\.
~Legi~ print n~ this Iin )
ItS (("'Q...P)
(Legibly print tide on this line)
STATEOFF~ ~ L )
COUNlY OF . j. ~t1 )
The ft regoing inst~ment was. acknowledg~ befo~ me this ~ day oD - P: -L.
1993, by / _. LA _, ,as t24/dt0l6-- of MAX DE~
INC., a corp ration orgaro ed and existing under the laws of the State of Florida, on behalf
of the corporation, who is personally known to me or-who lias produced
as identification and who odid ~ara not take an oath.
~~~
(Sign on this line)
e;z eorN ,<;: h0T4k!O
(Legibly print name on this line)
NOTARY PUBLIC, State of Florida
COMMISSION NO.:('(? c2...c.;-Oc2 (/ c?"
EXPIRATION DATE: / -/ s:-- 9 '?'
.
(SEAL)
OFFICIAL NOTARY SEAL
EILEEN S NOTARO
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC250248
MY OOMMISSION EXP. IAN. 18,1997
(C:\WP50\COASTFED.BOY\DECLARAT.002:070693:1355em) 12
OKS B 1 9 ?~ j '1 ~ 1
Exhibit "A"
to
Declaration of Easements, Covenants, Conditions, and Restrictions
(Legal Description of Control Parcel)
A portion of Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Commencing at the Southeast Comer of said Section 19; thence North 000 59'39" West
along the East line of said Section 19, a distance of 2,728.11 feet to a point; thence South
890 00'21" West, a distance of 60.00 feet to a point on the Westerly right-of-way line of
Congress Avenue, said point being the principal point and place of beginning of the
following description:
Thence South 430 32'54" West, a distance of 28.51 feet to a point; thence North 000
59'39" West, a distance of 10.00 feet to a point; thence South 880 05'26" West, a distance
of 32.00 feet to a point; thence South 000 59'39" East, a distance of 30.00 feet to a point;
thence South 880 05'26" West, a distance of 418.00 feet to a point; thence North 000
59'39" West, a distance of 609.99 feet to a point; thence North 880 05'26" East, a distance
of 430.00 feet to a point; thence South 460 27'06" East, a distance of 56.11 feet to a point
on the Westerly right -of-way line of Congress Avenue; thence South 000 59'39" East along
the Westerly right-of-way line of Congress Avenue, a distance of 529.99 feet to the
principal point and place of beginning.
LESS THE FOLLOWING DESCRIBED PARCELS:
(Legal Description of Olive Garden Parcel)
A portion of Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Commencing at the Southeast comer of said Section 19, thence N 000 59' 39" W along the
East line of said Section 19, a distance of 2,728.11 feet; thence S 890 00' 21'W, a distance
of 60.00 feet to a point of intersection with the West right-of-way line of Congress Avenue
and the Point of Beginning; thence N 000 59' 39" W along said West right-of-way line, a
distance of 123.61 feet; thence S 890 00' 21" W, a distance of 186.00 feet; thence S 000
59' 39" E, a distance of 116.57 feet to a point that is 50.00 feet North of the North line
of that 90.00 foot wide access easement for "Boynton Beach Mall Access Road 0", as
recorded in Official Records Book 4814, at page 279, of the public records of Palm Beach
County, Florida; thence N 880 05' 26" E and parallel with said North line of "Boynton
Beach Mall Access Road 0", a distance of 117.62 feet; thence SOlo 54' 34" E, a distance
of 50.00 feet; thence N 880 05' 26" E, a distance of 15.61 feet; thence N 000 59' 39" W,
a distance of 30.00 feet; thence N 880 05' 26" E, a distance of 32.00 feet; thence S 000
59' 39" E, a distance of 10.00 feet; thence N 430 32' 54" E, a distance of 28.51 feet to the
Point of Beginning.
(Legal Description of Carney Bank Parcel)
A portion of Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Commencing at the Southeast comer of said Section 19; thence N 000 59'39" W along the
East line of said Section 19, a distance of 2,728.11 feet; thence S 890 00'21" W, a distance
of 60.00 feet to a point of intersection with the West right-of-way line of Congress Avenue;
thence N 000 59'39" W along said West right-of-way line, a distance of 367.79 feet to the
Point of Beginning; thence continuing N 000 59'39" W along said West right-of-way line,
a distance of 162.20 feet; thence N 460 27'06" W, a distance of 56.11 feet; thence S 880
05'26" W, a distance of 201.00 feet; thence S 000 59'39" E, a distance of 141.15 feet;
thence N 890 00'21" E, a distance of 24.97 feet; thence S 000 59'39" E, a distance of
57.20 feet; thence N 890 00'21" E, a distance of 216.00 feet to the Point of Beginning.
(C:\WP50\COASTFED.BOY\DECLARAT.OOZ:071393:1355em)
UR8
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Exhibit "B"
to
Declaration of Easements, Covenants, Conditions, and Restrictions
(Legal Description of Olive Garden Parcel)
A portion of Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Commencing at the Southeast comer of said Section 19, thence N 000 59' 39" W along the
East line of said Section 19, a distance of 2,728.11 feet; thence S 890 00' 21 'W, a distance
of 60.00 feet to a point of intersection with the West right-of-way line of Congress Avenue
and the Point of Beginning; thence N 000 59' 39" W along said West right-of-way line, a
distance of 123.61 feet; thence S 890 00' 21" W, a distance of 186.00 feet; thence S 000
59' 39" E, a distance of 116.57 feet to a point that is 50.00 feet North of the North line
of that 90.00 foot wide access easement for "Boynton Beach Mall Access Road 0", as
recorded in Official Records Book 4814, at page 279, of the public records of Palm Beach
County, Florida; thence N 880 05' 26" E and parallel with said North line of "Boynton
Beach Mall Access Road 0", a distance of 117.62 feet; thence S 010 54' 34" E, a distance
of 50.00 feet; thence N 880 05' 26" E, a distance of 15.61 feet; thence N 000 59' 39" W,
a distance of 30.00 feet; thence N 880 05' 26" E, a distance of 32.00 feet; thence S 000
59' 39" E, a distance of 10.00 feet; thence N 430 32' 54" E, a distance of 28.51 feet to the
Point of Beginning.
(C:\WP50\COASTFED.BOY\DEClARAT.002:071393:1355em)
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Exhibit "0"
to
Declaration of Easements, Covenants, Conditions, and Restrictions
Site Plan of Sho in Center
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~ CAUlf/EW &. WIIEEUR. INC
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PALM BEACH P~OMENADE
BOUNDARY SURVEY
,BOYNTON BEACH. FLORIDA
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(C:\WP50\COASTFED,BOY\DECLARAT.002:071393:1355em)
ORB 7819 f'~ 1 '1 ~3
Exhibit "C"
to
Declaration of Easements, Covenants, Conditions, and Restrictions
(Legal Description of Carney Bank Parcel)
A portion of Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Commencing at the Southeast comer of said Section 19; thence N 000 59'39" W along the
East line of said Section 19, a distance of 2,728.11 feet; thence S 890 00'21" W, a distance
of 60.00 feet to a point of intersection with the West right -of-way line of Congress Avenue;
thence N 000 59'39" W along said West right-of-way line, a distance of 367.79 feet to the
Point of Beginning; thence continuing N 000 59'39" W along said West right-of-way line,
a distance of 162.20 feet; thence N 460 27'06" W, a distance of 56.11 feet; thence S 880
05'26" W, a distance of 201.00 feet; thence S 000 59'39" E, a distance of 141.15 feet;
thence N 890 00'21" E, a distance of 24.97 feet; thence S 000 59'39" E, a distance of
57.20 feet; thence N 890 00'21" E, a distance of 216.00 feet to the Point of Beginning.
(C: \WP50\COASTFED.BOY\DECLARAT. 002:071393: 1355em)
~-'~3
15:410
FROM
TO
--';14073756090 P. 06
Exhibit "A" ljn6 7A".1 C;S p~ l' If 37
. to P.E'~O?O VEHIFIEO OOROffiY fi U[uc.EM
Warranty De~dCLERK OF 11-[ I)JijP.f - P8. ':OtNT'Y! Fl
. (Legal Description of Olh,'e Garden P~el)
PA&CEL..l
A portion ofSec;::on 19, Township 45 South, Range 43 East, Palm. Beach County, Florida,
being more part:u1arly described QS follows:
Commencing at ,1e SOutheast comer of said Section 19, thence N 00' ~9' 39" W sdong the
East line of said .. ,ection 19, a distance of 2,728.11 feet; thence S 89- 00' 21 'w. a distance
of 60.00 feet to I point of intersection with the \\i'est right.of..way line of Congt'ESs Avenue
and tbe Poilu. of 3~nningi lhence N 00. 59' 39" W alOI18 said West right-of-way Une, a
dUtane(~ of 123.: 1 feetj thence S 89. 00' 21" W, a distance of 186.00 feet; thence S 00'
59. 39" E, a dlst :oce of 116.57 feet to a point that is 50.00 feet North of the North line
of that 90.00 ff,)t wide access easement for "Boynton Beach Mall Access Road Oil, as
recorded in Offil al Records Book 4814, at page 279, of the public: retards of Palm Beach
County, Florida; thence N 88. ost 26r' B anc.l pluallel with Aid North line of "Boynton
Beach Mall Ac:ce.:' Road D'\ a distance of 117.62 feet; thence 5 01. 54' 34" B, a distance
of 50.00 feet; tl1 : nee N 88 e 05' 26" E, a distance of 15.61 feet; thence N 00' 59' 39" W,
a distance of 3Q,I)() feet; thence N 88. OS' 26" Et a distance of 32.00 feet; thence S 00.
59' 39" E, a <list;; lce of 10.00 feer; thence N 43. 32' 54" E, a distance of 28.$1 feet to the
Point of Beginni': g.
TOGE1HER WI1 :i a nonexclusive perpetual right, privilege) and easement for the benefit
of the above-des: tibed property for the limited purpose of pedestrian and vehicular iIlifeS$
to and egress frc 1:1 the above.describoo property over the following described Parcel 2 and
ParCAI :;_
PJ\RC~l~
BUYNTUN BEACH ACCESS EASEMENT
(South AccESs)
A portion of ~-c :on 19, Township 45 South, Range 43 East) Palm Beach County, Florida,
being more part: I warly described as follows:
Contn:lencing' nt : le Southeast corner of said Section 19, thence North 00' S9' 39" West,
a distance of 1,262.20 feet to Ii point; thence North 89' 46' 3-'l" West. a distance of 60.01
fcet to 8 point o.t; the West right-of-way line of Congress Avenue (S.R.. 807); rhence Nonh
00. 59' 39" y..r~ I along said West line, a distance of 1,334.63 feet to the pr.Jldpal point
and pllH:e of beg.'ming of the following easemem descrlp,iun:
Thence South BE 05' 26" Wes4 a distance of 350.00 feet to a point; thence North 00. 59'
39" West, a dista : ice of 90.01 fc:et to a point; thence Nonh 88' OS' 26" East, a distance of
35Q.00 feet to a )oint on the aforementioned West line; thence South 00' S9' 39ft East
along scid Wc;;t nc, a distanc-e of 90.01 feet to the Poinr of Beginniu&_
PARCEL..a.
BOYNTON BEACH ACCESS EASEMENT
(North Access)
A portion of St."Cl !,n 19) Township 45 South, Range 43 East, Palm Beach County, Florida,
being more patti:: ularly described as follows:
Commencing at ,:le Southeast comer of said Section 19, thence Nonh 00. 59' 39" West
a distance of 1,242.20 feet to a point; thence North B9' 46' 34'1 West, 3 distance of 50.01
feet to a point or the West right...of.way line of Congre'~ Avenue (S.R. 807); thence North
00. 59' 39" Wesl: along said West line, a distance of 2,055.00 feet tt'J the principal point
and pla<:e of oeg,:lI'ling of rhe following easement description~
Then,,! South 88 I 05' 26" Wst, a distance of 338_87 feet to a point; thencl! No.rrn 00' S9'
39!l We.st, a distal' 'ee of 90,01 feet to a point; thence North 88 e 05' 26" East, a distance of
338.87 feet to a . 'oint on the aforementioned West line; them:e South 00' 59' 39" Bast
along said. west ine, a distance or 90.01 feet to the Point of Beginning.
Pare 1 of :1
"',
'.,
TOTAL P.OI;
15: 4~ FROl1
TO
94073756090 P.04
I
I ,
'rHlS rNS"1"IU.l'MliN: WAS. PR.E.PAp,D BY AND,
AYI'ER RECORDIN:; . R.iTIJRN
JOm.. B. GILES, &$'; tJIRB
Powell, Came)', M(r, A, Huck"
Brunett ToW<<'
One Progr_ PIlW . Suitt 1 1
Pest 0Ike Box 16: i )
St. Pet:er.lbuq, nOl i.ia 33731.1689
(813) 898-9011
(813) 89a.901~ (l,! tKopler)
.1(l-l.y-19'13 3:07pm '93-:23q7~~
ORB 781 '9 f''3 11. 3~
If If fflrwt!ttl nMlllll1
901:1: 000.1)) Q~( 6! !TJlJ. Gf]
Con
Grantee':; Taxpa,-er l.!>, No.; 59.1219168
Pn>~pralser's Parco! No.:
~~~~~J
"nIIS SIll::tAL WARRAN'lY DERD is given thU ...:1- day of July, 1993, by MAX
DEVELOPERS, ] I,re., 8 corporation organized and existin~ under the laws of the State of
Plorida, with Its :>r1nc1pal place of business ar (and the mailing address of which 1s) 1101
North Congress ,\venue, Boynton Beach, -Florida 33462, ("Grantor") to GENERAL MILLS
RESTAURANTS lNC., a corporation orpnized and existing under the laws of the State of
Florida, with :l~>rineipal placQ of bw:inocc: ::at (and thQ mailing :;addr91::s of "Which it) 1751
Directo.rs Row,: 'rlando, f10rida 32809, ("Grantl:ell).
WITNES:; ITH, that Grantor, for and in consideration of Ten and No/lOOths Dollars
($10.00) and 01 :er good and valuable consideration. to Grantor in hand paid by Grantee,
t}'U~ I"p.r.f.ipt of w : i~h. ic hereby adcnowl~d8ed, has: granted, bQ!'gained., :and l:01d to Grantee
the real prope~ in palm Beacl1 County, Florida, described in Exhibit "A", which is attached
hereto and, by 11 cis reference, made a part hereof.
rOGETH!:R with all tenements, hereditaments, and appurtenances, with every
privilege, rlgh~ : i,tle, interest and estate, dower and right of dower, reversion, Temaindttr,
and easement tl. :reto belongillg or in anywise appertaining.
SUBJECl. lo ad valorem real propeny taxes for the year 1993 and all subsequenr
years; e:asement'i. covenants, conditions, restrictions, and other matters of public record;
matters of s\Uv~ ,r and plat; an.d zoning ordinances.
TO HAV] AND TO HOLD the same in fef~ simple forever.
AND, Gn!.ltor hereby covenants with Grantee that it is lawfully seized of said real
property in fee :; imple; that said real property is free of all encumbrances except 85 set
forth above; th:~ it has good right and lawful authority to sell and convey said real
propeny; and tll;\t it hereby fully warrants the title to said real property and will defend
the same ~gcin:, the lawful daims of all persons claiming by or through Grantor but
against no otheJ i .
IN WIl'N:SS WHEREOF, Grantor has exel:uted this Warranty Deed on the day and
year fir.tt a boye I vri tten.
~WI'!IO'(X)ASt_lIO'l'Ill'o_\l4', lfto7ll3Io:11501fft)
NOU-19-1993 15:4~ FROM TO 94073756090 P.0:2
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~CJ.PS INGRESS,ltGRES$
tlllSEMENT
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NORTH CONGRESS AVENUE
4
SENT BY:
1'26-94; 9:47 ;JOSIAS & GOREN. P.A.-
Boynton 8ch iax;# 2! 2
REQUESTED AMENDMENTS TO
DECLARATION OF EASEMENTS, COVENANTS
CONDITIONS AND RESTRICT~ONS BY
MAX DEVELOPERS. !NC.
The following language should be added to the end of paragraph
11:
No amendment or moditicat1on ot this DeClaration, which
eliminates or diminishes the easements created for
inqress, egress, and parking, shall be effective unless
the city of Boynton Beach is provided with written notice
of the amendment 01' modification. The Notice to the city
of Boynton Beach shall be in writin~ and shall be
provided by certifi~d ma il, return recelpt requested no
less than sixty (60) days prior to the effective date of
the amendment or modification. The notice must be
accompanied by all documents which would( by their effect
constitute an amendment or modification of this
Declaration.
If this Declaration is modified or amended, each parcel
identified herein shall be reQUired to comply,
independontly, with all applicable! rQQulations of the
city of Boynton Beach as they relate to parking, ingress
and aqraSS.
JAC/llM
900182.88
lCMT
MAX.AGT
ill~
n w rn
JAN 26&
ill
FE"Q-15.-94 TUE
Q=5~ THOMAS CARNEY
1='.134
'-
ORB 8123 P9 425
IX WITNESS WHEt20', the partie. hav...t their h$ndl And
seAl. to thl. rms~ XODIPI<:I.'rIOH OF DECLlRA'l'IOR OlF KAS1DIillTSt
COVEXY'rS., COWDY'!IOHS, U'D USTUC7IOIlS till. /s~ etar or
Nove~U', 1'93. . . .
WImBSSiS :
(prInt nau Of Witness,
/
(corporat.e seall.
t.,s, . ~
.,' '~ '\,.,'
"l. J~' -\.\~. .'\...,{.~_\...
.~ ". "," 'tt.~;.~lt:t;U'.., "
'..;:, .. :<...=_..., ,~'-~ ' ~. j,~~
;~ \,\.: .........., . "'J.-"" ^ ~'"
{( . ~. :... A-:' '''!.....~ - ... J'.J',
~;..;. )t .t' .,.1t,., ......~f; J.....
, .... ~. .'..';"i', '
,. , -". ,. -,. ."#: ~ .f '"t
/' . ...-......- :-.., A. " ".
c. Be atd 0 I: ~ ~~ ' 1.\ .:. ~ ~_ ~ .
Cbairman of & BQar4,':. ~.. C) :;' 0;. ..;:
Carney ]Sank' '~:. > / ...:r. L~. ';:
* ,. - . .' .... ". .~
.. '~.' ",.-" .....~.-: ~
P.O. Bolt 3219 ~. 40~", ..'l.... ./\.;.1
Boynton JSeach, FL 334~C'1'};r . '.
~219 ...
· (prInt na-.e Qt witness)
V~E5;
t7JtREY nux,
:I
F"E>>-15-94 TUE
a:59 THOM~S C~RNEV
P_135
,-
ORB 8123 P; 426
lrO'I'ARIIATron
srATt or IUJ1tXnA _ )
COWTY 01' fdV'" &l2f) )
Th. ~oreqol.9 .XR9~ .onr.%eA~ro. ~. DEeL1R1~JO. a.
.A$E...~S, eov~~.~s, ~ovnr~rOKS_ AKD RSS~Rle~tOV8 va.
aoknovledgo4 before .e this Jt#~ 4ay ot Novaab.r, 1"3, by
JOHN HOECKER, Vice Pre~1dent or Max Developers, Ino., _ ~lor14a
corporation, on behalt of the corporation, ~bO 1. par&onallY
.known t.o .JU-O~ wbo has pl"04uc~ .a ident.lfic..tlo~ a rlor14a
Dr! vev 8 Ll~n~. J Lies. I , an" WhO dieS.. .
.",....-.414 not un an oath. -
97A:;.- ~~ .~
NOTARf PUBLrc, state of Flor d~
Cot"titL:lat!on ., I
.
BTAT~ OF PLO)tDA )
)
CO~TY or
)
!he tor,qoi~q .Ias~ KOOIJICAflOa 07 DECLARATIOB O~
IAS&BB.TS, COVI.A>>~S, CORDI~XO.S, &aD tEsr~J~Xo.s VA.
aeknowle~e4 ~.tor. m. this dAY or Ifovember, 19~" by REES!
31RRlfT, Pre.14ent of M~ev.lop.r., luQ., _ 71or14.
oorporatlon, on behalf 0' ~ oorpor~tlgnl who 1. per_on.l1,
known to me or wno hAa pr04ueed ~ 14a~t tlck~lQn &.'lo~14.
Driver'. 14o.ense, LLc. , , an4 \rho ~"14
414 not toke an oath.
NOT~Y PUBLle, StAte of FIorlda
.,
Print lia.. of Nota:)'
MY comalsalon expires:
.
..
II
F"E:B-1.5-94 TUE
g=Q~ THOMA~ CARNaY
P-Q~
I
- *
ORB 8123 p~ 427
certification ,:
STATE OF FW~ID~ )
COUNTY OF ~k) )
The foregoing FIRST MODIFICATION OF DECLARATIOB OF
EASEMENTS, COVE.ANTS, CONDLTIONS, AND RESTRICT~ONS wa~
acknow:edged before me this ~ day of Nove~ber, 1993, by C.
BERNARD JACOBS, Chairman of the Board of Carney Bank, a
Florida bar.king corporation, on behalf of the corporation, ~ho
~~ersonally k~o~_tg~e, or who has produced as identification
aU FTor~Drlver'i LIcense, Lic. # , an~
who ____did ~did no~ take an oath,
c-..J;r ~ -?
7?""~7 /-.?~--. c~%
NOTARY PUBLIC, state of Florida
~ 77/7~-zA? P' /g;v/
F'EJO:-1.5-94 TUE
a=s~ THaMA~ CARNaY
P.Q:3t
,
ORB ,,9.13123 pg 424
qrantacS by the owner of the COntl'Ol Pa"~ vhloh .~ t..~ at
the tl.. o~ ~h. oo~vef.nQ. of ~b. C.~n.~ Bab~ >>.~041 to
~.J'n.Y JaM JNr.1I.ant to aA Cptlon ~'OIIAnt by and betveM
carney a.nk ~4 Max D4v.lopar., dated lovembar 6, 1'92,
C.rney 8aftk ahall bo permitted to lea.. .paee to any
iAd:l"{c1~.l or entitr, wh.~har or said entity or Iftd.ividual
i. O~ .~ga9.a ift ~b. same (or .i.ila~) t~i. of buslne..
.etl~1tr or ent~rise (lnelud1D9 the render~ ot ..rvlee.
or tha Aa1. of prc4ue~.) .. a~ exlatlaq tenant of the
Shoppln~ Center or Control Parcel. The frant1n9 of
exolus1VG r!ghts or privileges tor the rendering or
..rvices or the. sale ot produots by the GWlUll' ot tbe .
Shopp1nq eenter or th. Cont.rol Pare61 to a teant or tutu... .
ovnat of any part of the Control Parcel, shall be. null and
void and v1thout .Cfoot with r.~peo~ to any leases by 6n4
betveen the owner or the carn.y I_ok P.~o.l and it.
tenants" .
6. f.raqraph 5(8) 1. ..anded .. fQIIOlW~t
(8) (1) il'l p1e.ee of the ph:raM · (to b. 4.t.l'lllM49. .ubseqwmt.
~o ~h. .xeo~tion h.~.of and 1n41e~tA4 1ft a RUpplemental
4eol&~A~ion). ~. following phrage Shall be insert6dc
.sevant9~n (111) per~ent"
Ce)(~) is ba~bY 441atad.
7. Paragraph 6 ia hereby a.ended ~y addiftg ~be tollowinq
pe.raqraph:
Prior to January 1, 2000, owr.~r aqroo8 that. r9~ 80 long ..
carney k!\k, Lt. successora or ~s.lgn8, operates a "Bank-
on the carnoy Eank parcel, owner .hall noe leoae, suble...,
or otherw1.. opar&te O~ cOAtraot, ~r oonv9y.nee or
Qthervlse, t,o another l.Jank or .~v1n9S inetl,"\l~lon (wh4t.hoa:-
chartered 11y th.. 8't&t.. of plorida O~ by 'the Vnit.o4. ~t:.e.te.).
Tha term -lank- .hall not i~olud. .ort~ag. eompanles,
tinanoa coc>>~ft1e~ cr ai.ilar oo.paniaa ~h!Ob do not accept
deposits.
~~rc9r~ph 11 1. bero~y amand&4 to provide, in each ins'ance
whe.re ~. pbr.aea -thO owner at th. Olive o..t'den parcel- the
a44!~lonai phrase .h~ll be added .~A4 the owner of th.
c.~oy a.tik pa~c.l..
I.
2
f="EJIiI-1!5-904 TUE
"
_~ ~ 0 4 THO M AI Sii; C: AI R N.J~"" V t_' ~ 4- '-' . ~ i ~V 1
, . NOTARfZAT!ONS rOR THE SECOND MODIFICATION ,; DECLARATION
OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS
STATE OF FLORIDA ,
COUNTY OF
The foregoing instrument was acknowledged before me this Yday of Feb~rary.
1994. by John Hoecker. the Vice President and Chairman of the Board of Ma)(
Developers, Inc., a Florida corporation on behalf of the corporation. ~ is personally
known to me or has prod~ a8 identifICation and f!<<i
(arcr not) taKe an oath.
fr& .7~Signature)
. (Print or Type Name)
Notaiy Public (Title or Rank)
(Serial/Commission Number)
, .
My Commission Expires:
..........
f..~~' OfFICIAL SEAL
'~Sffi/-'Id~s EATON
i ~ Ny Comrnlsslo!'1 Explf1$
.~~I F9~. '. 1997
~~Q1AP;t. CQmm. NO. CC 257818
'......
,
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of Feburary.
1994. by Reese Jarrett, the President of Max Developers, Inc. a Florida corporation on
behalf of the corporation. He is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature)
(Print or Type Name)
(Title or Rank)
(Serial/Commission Number)
(NOTARY'S SEAl)
Notary Public
STATE OF FtdA.I/)~
COUNTY OF 6.."" ~~-C#
The foregoing instrument was acknowledged before me this LL day of February,
1994 by C. Bernard Jacobs, the Chairman of the Board of Carney Bank, a
corporation on behalf of the corporation. He/Ste ~ DEll.sonallv known to me or has
produced as identification and ,*-(did not) take an oath_
~~~ ;;~gnature)
(Print or Type Name)
Notary Pubtic (Title or Rank)
(5erlaVCommlssion Number)
My Commission Expires:
I~'~~ OfFICIAL SEAL
~ N- THOMAS EATON
MM..c~l\ilSSI0n [llplres
, ~~}7.1997
~OF~" Comm. ...e. CC 2(.'818
tll.,.'.
STATE OF FLORIDA
COUNlY OF ORANGE
The foregoing instrument was acknowledged before me this _ day of February,
1994. by Richard D. Halterman, the Senior Vice President of General Mills Restaurants,
fne., a FlorIda corporation, on behalf of the corporation. He is personalty known to me
and did not take an oath,
~A{J~~
Lisa D. Lane
Notary Public
AA712788
My Commission Expires:
(Signature)
(Print or TypG Name)
(Title or Rank)
(Serla1lCommlsslon Number)
~'~
#.~ USA DlNlf
* * t.f1 ~C:C3U?\W
~ .-i 1bpIrge0ca,~,'OO1
"" tf""-
,
(NOTARY'S SEAL)
FE];I.--15-94 TUliO;
,
~=~~ THOMAS CARN_V
P _ 1 0
JRe. } 1.23 p~ 949
IN WITNESS VVHEREOF, the parties have set theirs hands end sea's to this
SECOND MODIFICATION OF DECLARATION OF EASEMENTS, COVENANTS,
CONDITIONS AND RESTR'CTiONS this _ day of February, 1994.
WITNESSES:
,
a Florida ..
J.f t~
..
~.;fC
:;;:~
Frit'l M'l18 n\-tr~ F . C. ~It.. N e. r , ~
WITNESSE.S:
'Vi
I
. tty3
\ I
V
MAX DEVELOPERS,
corporation
INC., a Florida
"
By:
.,,", .,~ma:
REESE JARRETT
President
Pnn! ~iii'l'\e:
THE UNDERSIGNED HEREBY CONSENT TO THIS SECOND MODIFICATION OF
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS.
AS OF TH!S -'.L DAY OF FEBRUARY, 1994.
WITNESSES:
~~~ ~~
Pr;"t ~m@.J!' ~JV I1S ~d
CARNE\ BANK . (
f' i , /1 ,4~.
C. BERNA 0 Jp' as
Chainnan of the Board, Carney
Bank
P.O. Box 3219
Boynton Beach, FL 33424-3219
By:
- , <' i.t/-,
e LLt/:/V.J {}/tZ/'iJ
Print n3'1'\8: E. 'lee /Ii 5. fl/olfl;~ 1;
'-"h-1/t'l ~~dl.r.C;. ';/}?~t-~.vt:l
pri'll "am' /ndL tr.(>(',t!.,1. /?'4i4kJI
iL1l~#~dZ-
Print name _ .<"i. . A J~ _ I
lUnar/I!- 'T. J')lr.5t;A
By:
WITNESSES:
F"~~-15-94
. . ..
TUE
9:QlI1 THOr-1AS
eAR"" 1&...
P.QlIS
Exhibi t "A"
ORB ~123 p; 429
DOROTHY H WILKEN
RECORD VERTfIIECOOOIDT _ pg cout~TV, FL
CLt~1\ OF ~ 1\
(Legal Description of Conu-ol Pal'cel)
,
A portion of Section 19, TOVvT',ship 45 South, Range 43 East~ palm Beach County) Florida,
bdng more particularly deserlbed M follows:
..
Conu-nendng at the SOutheast Comer of said Section 19j thence Nor..h 00. 59'39" West
along the East line of said Section 19, a distance of 2,128.11 feet to a pointi thence South
89. 00'21" 'YVes!, a distance of 60.00 feer to a poinr cn the Westerly right.ot-way line of
Congress Avenue, said point being t:i.e principal poin! and place of beginning of the
follow..l1g description:
Thence South 43. 32'54" WesT, a distance of 28.51 feet to a pointj thence North 00'
59'39" West, a distance of 10.00 feet IO a pcinr; thenc~ South 8S. 05'26" West," distance
of 32.00 feet to a point; thence South 00. 59'39" East, a distanee of 30.00 feet to II point;
thence South 88. 05'26'1 West, a di5tam'e of 418.00 feet to a pobr; thence Non.'1 00.
59'39" West, a distance of 609.99 feet to a pvint; thence North 88. 05'26" Eas~ a distance
of 430.00 feet to a POlnt; thence South 46. 27'06'1 East, a distance of 56.11 feet to a point
on the Westerly right-of.wE}' line of Congress Aver.we; thence Socth 00' 59'3911 East along
the v\'esterly right-of-way line of Congress Avenue, a dis:a.nce of 529.99 feet to the;
principal point ar.d place of btgin.'-llng.
LESS THE FOLLO,^,WG DESCRlB2D PARCELS:
(Legal Description of Olive Garden Parcel)
A p<>rtion of Section 19, Township 45 SOl;th, Ra.'1ge 43 East, Palm Beach Co.~ry, Florida,
beL"1g more particularly described as f0)10....1S:
Commt:::1dng at the SoutheasT comer of said Section 19, thence N 00. 59' 39" W along the
East line of said Section 19, a diSIance of 2,728.11 feet; thence S 89' 00' 21'W, a distance
of 60.00 feet ro a p.,int of intersectio:-, ',.nth the West right.of.",,'ay line of Congress Avenue
and the Point of Beginning; :hence N 00. 59' 39" W along said West right.of.way line. a
distance of 123.61 feet; thence S 89. 00' 21" W, a distance of 186.00 (eet; thence S 00'
59' 39" E. e. distance of 116.57 feet to a point that is 50.00 feet Nonh of the North line
of that 90.00 foor wide fiCC.~SS easement for "Boynton Beach Mall Access Road rY" as
recorded in Official Records Book 4814, at page 279. of the public records of Palm Beach
Counry, Florida; then~e N 88. 05' 26" E and parallel with said Nonh line of "Boynton
Beach Mall Access Road 0", a distance of 117.62 feet; thence S 01. 54' 34" E., a distance
of 50.00 feet; thence N 88. OS' 26" E, a distance of 15,61 feet; thence N 00. 59' 39" W,
a distance of 30.00 feet; Lienee N 88' 05' 26" E, a distance of 32,00 feet; thence S 00.
59' 39" E, a distance of 10.00 feer:; thence N 43. 32' 54" E) a distance of 28.51 feet to the
Poir.t of Beginning.
(Legal Description of Carney Bank Parcel)
A pcrrion oi Section 19, Tov.m.ship 45 Sourh. Range 43 East, Palm Beach County, Florida.
being more pa.--ticularly described a~ follows;
Commencing at the Southeasc comer of said Section 19; thence N 00' 59'39" W along the
East line of said Se.ction 19, a distalice of 2,728.11 feet; thence S 89. 00'21" W, a distance
of 60,00 feet to Q point of intersection with the WC::3t right-of-way line of Congress Avenue;
thenc~ N 00' 59'39" W along said West right-of.way line, a distance of 367.79 feet to the
Pomt of Beginning; thence continuing N 00. 59'39" W along said West right.o!.way line,
a dista.."ce of 162.20 feefj thence N 46. 27'0611 W, a distance of 56.11 feet; thenc~ S 88.
05'26" W, a distance of 201.00 feet; thence S 00' 59'39" E, a distance of 141.15 feet;
thence N 89. 00'21" E, a distance of 24.97 feet; thence S 00' 59'39" E, a distance of
57.~O feet; thence N 89. 00'21" E, 8 distance of 216.00 feer to the PoL.'lt of Beginning.
(C:\WPSD\~5T'ED.BOY\DECLARAT,002:071393:']55~)
1='",,".Q-15-94 TUE
9:~~ THOMAS CQRNEV
P_~7
ORB 8123 pg 428
CONSENT TO FIRST MODIFICATION OF DECLARATION OF EASEMENTS,
COVENANTS. CONDITIONS AND RESTR\CTIONS
~
GMRI hereby consents to the attached First Modification of Declaration of
Easements, Covenant5. Conditions and Restrictions.
RICHARD D. HAL TE MAN
Senior Vice President
WITNESSES;
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By:
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instr'Jment was acknowledged before me this _ day of February,
1994. by Richard D. Haltermar., the Senior Vice President of General Mills Restaurants,
In~ 1 a Florida corporation; on beh~1f of the corporation. He is personally known fa me
and did not take e'l oath.
J.-J.J . 1./ \ /
~l~f 4, <. ~~ll..{ j (Signature)
t:.1sa 0, lane _ (Print or Type Name)
Nola!) Public (Title or Rank) (NOTARY'S SEAL)
~A7'2788 (SeriaVCommlsslon Numoer)
My Commission Expires: ..,~,
W LISA DLANE
* * M) COI'I\It'IlItllo" CC322130
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FE.R-J.5-94
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TUE
~:0S THOMAS CARNE.V
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Exhibit "N'
~. cS123 PI. -951
RECORD \{RrFI~O DOROTHY H WILkIN
Cl.ERK Of: THE COURT - pe COUNTY, FL
.-
(Legal Description of Control Paled)
\
A portion of Se:tion 19, Township 4S South, Range 43 East, palm Be~ch County, Florida,
being more parricularly described as follows:
Commencing at the Southeast Corner of said Section 19; thence North 00 - 59'39" West
along the East line of said Section 19, a distan:e of 2,728.11 feet to a point; thence South
89- 00'21" V.lest, a distance :Jf 60.00 fe~t to a point on the Westerly right-of-way line of
CongrelOs Avenue, said point being the principal point and place of beginning of the
following de-sc:rlption;
Thence South 43. 32'54" West, a distance of 28.51 feet to a point; thence North 00'
59'39" Vlest. a distance of 10.00 feet to a point; thence South 88' 05'26" Wes~ a distance
of 32.00 feet to B point; then~e South 00. 59'39" East, a distance of 30.00 feet to a poim;
thence South 88.,05126" West, a disrance of 418.00 feet to a point; thence North 00'
59'39" West, a distance of 609,99 feet to a point; thence North 88' 05'26'\ East, a distance
of 430.00 feet to a point; thence South 46' 2106" East, a distance of 56.11 feet to a poi.nt
on the Westerly right-of.way line of Congress Avenue; thence South 00' 59'39" East along
the Westerly right-of-way lL")e of Congress Avenue, a distance of 529.99 feet to the
principal point and place o( beginning.
LESS THE FOLLOWING DESCRIBED PARCELS:
(Legal Dcscripdon :.;.f Olive Garden Parcel)
A portion of Sectlon 19, Township 4S South, Range 43 East, Palm Beach County. Florida,
'teing more particularly described :as f0110\AJS:
CC'ITtmendng at the Sau~heast corner of said Section 19, t.~ence N 00' 59' 39" W along the
East li'1e of said Section 19, a dista'1ce of 2,728.11 feet; thence S 89" 00' 21"W. a distance
of 60.00 feet to a point of inte:rsecr1o'.. with the Vlest righ!.of~way line of Congress Avenue
and the Point of Beginning; thence N 00. 59' 39" W along said West right-of-way line, 8
distance of 123.61 feet; t:.~ence S 89' 00' 21 II W, a distance of 186.00 feet; thence S 00-
5~ 39't E, a distance of 116.5; feet to a point that is 50.00 feet North of the North line
of that 90.00 foct '1r'lde access easement for "Boynton Beach Mall Access Road D", as
recorded in Official Records Book 4814. at page 279. of the public records of Palm Beach
County, Florida; thence N as' 05' 26" E and parallel with said North line of lIBoynton
Be~ch Mali Access Road D'\ a distance of 117.62 feet; thence S 01' 54' 34" E, a distance
of 50.00 fr:et; Ll)ence N 88' OS' 26" E, a distance of 15.61 feet; thence N 00 - 59' 39" W,
a distance of 30.00 feet~ thence N 88' 05' 26" E, a distance of 32.00 feet; thence S 00'
59' 39" E. a distance of 10.00 feet; thence N 43' 32' 54" E, a distance of 2S.51 feet to the
Point of Beginning,
(Legal Descnption of Carney Bank Parcel)
A portion of Section 19, Township 4S South, Range 43 East, Palm Beech County, Floridel
being more particularly described as follows:
Commencing at u1e Southeast comer of said Section 19; thence N 00 - 59'3911 W along the
East line of said Section 19, a distance of 2,728.11 feet; thence S 89 - 00'21" Vv) a distance
of 60.00 feet to a point of intersection with the West right-of-way line of Congress A'Ienue;
thence N 00 - 59'39" W along said West right-or-way line, a distance of 367.79 feet to the
Point of Beginning; thence contir.uing N 00. 59'39" W along said West right-of.way lines
a distance of 162.20 feet; thence N 46' 27'06" W, a distance of 56.11 feet; thence S 88 -
05'26" W. a disr3nce of 201_00 feet; thence S 00' 59'3911 ~, a distance of 141,15 feet;
llence N 89- 00'211' E) a distanC'~ of 24.97 {~t; ~hence S 00' 59'391\ E, a,distance of
57.20 feet; thence N 89- 00'21" E, a di$tance of 216.00 feet to the Point of Beginning.
(C;\WP50\CQAST'EO.801\p=CLARAT.OO2:07'JQ3;'355~)
FE:&-15-'ilo4 TU.
9:02 THu.....A~ CARN.V
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Th01l\4S F. Carney. Jr.. Esquire /
11{1l North Con~ress A'!enue. '200 ~ ,-14-1994 4:5~~m 94-~S!979
Boynton Beach, ~L 33426 f ~'\I~..~,'_,i_
,
SECOND MODIFICATION OF DECLARATION OF EASEMENTS,
COVENANTS, CONDITIONS AND RESTRICTIONS
..
THIS SECOND MODIFICATION OF DECLARATION OF EASEMENTS,
CQVEN.A.NTS. CONDITIONS AND RESTRICTIONS ~ msde this ~ day of February,
1994, by Max Developers, Inc. ("OWNER"), a Florida corporation whose address Is 1101
North Congress Avenue, Suite 201, Boynton Beach, Florida 33426.
"'
WITNESSETH
WHEREAS, OWNER made a Declaration of Easements, Covenants, Conditions
and Restrictions dated July 7, 1993 and recorded July 29, 1993 in the Public Records
of Palm 8~ach County, Florida at Records Book 7819. Page 1119, as amended by that
oortain Fiist ModiflC~tion of Declaration of Easements, Covenants, Conditions and
Restrictions dated .:TLlL. t- ~ T , 1993 and recorded at Records Book!!!i, Page J1L fj
(collectively, "DECLARA TlONn);
WHEREAS, OVVNER has conveyed portion~ of the Shopping Center described on
Exhibit 'IA" hereto to General Mills Restaurants, Inc. ("GMRI") and to Carney Bank
("CARNEY"); and
VIHEREAS. OVvNER desires to further modify the DECLARATION as herein
provided and to provide evidence of the consents of GMRI and CARNEY.
NOV'J. THEREFORE, for and In consideration of the covenants, conditions anc
~e$trictlons herein contained, Ter: Dollars ($1Q,QQ) and other good and valuable
consideration. the receiot and sufficiency of which are hereby acknowledged. OVJNER
hereby declarsS' as follows:
1 . Paragraph 11 is hereby amended by adding the following to the end of the
paragraph:
No amendment or modification of this Declaration, which eliminates or
diminishes trle easements created for Ingress, egress, and parking, shall
be effective unless the City of Boynton Beach is provided with written
notice of the amendment or modification. The Notice io the City of
Bcyntor: Beach shall be in writing shall be provided by certified mail, return
receipt reques~ed "'10 less than s:);ty (60) days prior to the effective date of
the amendment or modification The notice mJst be accompanied by all
documents which wculd. by their effect constitute an amendment or
modificstion of this Declaration.
If thls Declaration Is modified or amended to eliminate or diminIsh the
easements created herein. each parcel identified herein shall be required
to comply, with all applicable regulations of the City of Boynton Beach as
they relate to parking, ingress and egress.
2. All defined terms used herein shall have the same meaning as set forth In
the Declaration.
3. This second Modification may be executed in two (2) or more counterparts
~ach of which shall be deemed to be an original and all of which together shall constitute
one (1) and the same Instrument.