LEGAL APPROVAL
I . . . JU! I 21 "31 11: [1::::
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Article
ARTI CLE 1 ;
1.1
1.2
1.3
ART! CLE II:
2.1
2.2
2.3
2.4
'2.5
2.6
2.7
2.8
2.9
2.10
ARTICLE Ill:
3.1
3.2
:3. :3
A.R'l'I C L E IV:
4.1
4.2
4.3
4.4
ARTICLE V:
5.1
5.2
5.3
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DECLARATION OF RESTRICTIONS AND
GRANT OF EASEMENTS
Table of Contents
Subject
PC'ge
PRELIM1N'1I.RY
1
..... ..... .............. ."....."" ,." t "'"'''',,'' It""".' II...
Defini tions
1
t.." I......." ....".. .............. ............... ... ......
Parties
2
",...."....." II" It It.." 0"" II ........., I... ......... too......
Pur-pose
2
".... ............ ....."..... .... .......... ........... ......"...
BUILDING AND COMMON AREA DEVELOPMENT .... ..... ...... ........ 2
Building Locatior. .......................................... 2
Cammor. Area ...... t . .. . . . . , . . . t , , , . . . , . , . , . . t . .. . . " . .. . .. " . , . . . . " " 2
Type and Design of Building. ........... ....... ..... .... .... 3
Minimum Parking Ratio ...................................... 3
Designated Parking Spaces
3
. . . .. .. , .. I . .. " . . " . .. . " .. .. .. .. .. .. .. .. . .. .. .. .. .. .. ..
construction Requirements
4
.. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. . . .. "
Casualty and Condemnation
4
.. .. ..".... ...... . " .... ,. . " . ,.. . ".. . .. .." . .. .. .., .. ....
Liability Insurance ........................................ 4
IndeJnnific:ation .....,,,................................,,,,..... . . " .. .. .. .. .. " .. . .. .. .. .. .. 5
Change5 to South Parcel..... ........ ............... ........ 5
EASE}\-~El~.rs ......4I,..........................".,..."...........If........................... 5
Ingress, Egress and Parking ....... ..... ...... ....... ....... 5
Utilit:r Lines and Facilities ............................... 5
Building Encroachments ...........,......................... 6
OPEl~ATION OF COMMON AREA ................................... 5
Parking ................." t . .. . .. .. .. .. .. .. ... I . . . .. . , It. " .. .. .. .. .. .. .. .. .. .. .. . .. . .. . t. .. " 6
Employee Parking ........................................... 6
Signs ........................ f . " .. .. .. .. .. .. .. .. .. I . .. I I , , . .. .. .. .. .. .. .. .. .. " .. .. " . .. .. .. I .. .. .. 6
Sales ..................."........... t . , I . . .. ~ .. .. .. .. .. .. .. .. .. .. .. t .. .. .. .. .. .. .. .. .. .. " .. . .. .. 7
RESTRICTIONS ON USE ........................................ 7
Parcel 3 Restrictions .,. >. . . . . ... . . . . . . . . . . . . . . . . . . . .. . . . . . 7
Shopping Center Restrictions.. ....... ......... .... ......... 7
Drive-up and Drive Through Facilitie:;; ...................... 7
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Article
ARTICLE Vl
6.1
6.2
6.3
6,4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6. ltl
6.19
6.20
6.21
6.22
6.23
6.24
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Subject
GENERAL PROVISIONS
.. .. , .. . .. " " " . .. . , .. . . . . t . . . . II .. . I , . . . .. . . .. . . .. .. . ..
Covenants Run With the Land
... to.""........ ............ ...... ..t.
Successors Dnd Assigns
Duration
.. , .. . , .. " , .. . .. . . . . t . . . . .. .. . ill . , .. . .. .. . . . .. .. .. ..
.. ....... ,..... ...... ... I'''' .... ,... ..... .... ,... I' ...
Injunctive Relief
Modification and Termination
... ........ ........, ....., ... ...... .._,. t. II
II ...... ................... ........
ReCplests for Approval ......................................
Not a Public Dedication
. . . . .. . . .. . . .. . .. . . . .. .. . .. .. . .. .. , , .. . . , . I .. . .. .
Breach Shall Not Permit Termination
............ .... .. .. .. . .. . . . . . .. .. .. .. ..
Default
.. .. .. .. .. . .. .. . . .. .. . I . , I . . .. . . . . . t . , t t . t . , . , . , , , . . , , , . , , , . , .
Notices
. . . , . , . . . . , .. . .. .. " .. .. . .. .. . . .. . . . .. .. .. .. .. .. .. .. . .. . .. .. . . ... . .. I .. . I .. .. .
W3iver
.. .. .. . .. . . . t t . . . I I .. . . . .. .. .. . .. . . .. .. .. .. .. .. .. . . . .. .. . ... .. ... . ... . .. .. .. . .. .. . .
httol'neys'
Fees
." .fI_.. .... ......... ..... I.;...' ....., '" I...
Severability....,....... t,...................... -........... I.... I I.. ""
Not a Partnership
Third Party Beneficiary RighLS
. . . .. ... .. .. .. . . . . , . t .. . I . .. . . . . . . t , . . . . .. .. .. . . . .. .. .. ..
.. . . . . . .. . t . . . . . . . . . .. . . . .. .. .. .. . .. ..
Captions and HeC\dings ........................"..,.........
Entire Agreement ....................................... t. . . . . . . . . .. ...
COl'lstructian
.. .. .. . , . . . . , . . . . , , . .. .. . .. .. .. . .. .. . .. .. .. . .. . I . . . . I . , , . , . . ..
Joint and Several Obligations
Recordation
... .. . f .... . . .. I . "... ... ... .... ... . . .
. . I . I . . I .. .. .. .. .. . .. . . .. . I .. . . . . . .. . . . , I , . . . . , . . .. .. . .. .. .. . ..
Estoppel Certificate
Govetning La....
, . .. . . .. .. .. .. . .. .. .. .. . . .. .. .. .. .. . . .. . .. . . , .. .. , I .. . I . , .
...... .......f.......... f.. If... .,.." t... .....,.'
Joint Preparation
Force Majeure
.. . . .. . .. .. .. .. .. . . .. .. .. . .. .. . .. .. . . . ... .. .. .. .. . . . .. . .. . . . .. .. .. ..
..... . .. t . ",... , .... ., . ..., ,.. I . . . . .... I .... .. . .. .
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JUtl 21 "~jl 11:0::.1'9
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DECLARATION OF RESTRICTIONS AND
GRANT OF E1\.SKMKNTS
THIS DECLkRATION OF RESTRICTIONS AND GRkNT
is made 6S of the day of
VSB, LTD., a Florida limi ted partnership
banking corporation ("Suburban Bank").
OF EA.SEMENTS
1991,
("VSB") and SUBURBAN
("Declaration" )
by and between
BA.NK, a Florida
WITNESSETH:
WHEREAS, VSB is the owner of certain parcels of real estate located in
Palm Beach County, Florida, shown as Parcels land :2 on the Site Plan attached
hel"eto and made a part hereof as Exhibi t "A", and more particularly descr ihed
in Schedule 1, attached hereto and made a part hereof; and
WHEREA.S, Suburban Bank is the o....ner of a certain parcel of real est3te
located in Palm Beach County, Florida, shown as Parcel 3 on the Site plan
ppprn\7Pci b~' the C:\ tv of Bornton Beach attached hereto and made a part hereof
as f.:x;,hibit "A" and more particularly c1escribed in Sc})~J\lle 1, attacbed hereto
and made a part hereof; and
WHEREAS, the partiRs desire to subject Parcels L 2 and 3 to the
coven(\nts, condi tiolls and restr ictions as hel'einafter set forth, to establish
the easements hereinafter described, and to provide for the maintena.nce of
easement areas, as hereinafter provided, for the mutual benefit of the parties
hereto and thei r respective heirs, executors, successors, legal
representative s, assigns, employees, mortgagees, tenants, customer:!; and
invitees.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein set forth and for other good and valuable consideration, the receipt,
adequacy and sufficiency of which is hereby acknowledged by each party hereto,
the parties agree as follows:
1. PRELIMINARY
1.1 Definitions:
(a) "Building Area.": All those areas on each Parcel shown as
Builoing Area on EXD.Lt;lit "A", attached hereto anc1 incorporated herein by this
reference.
(b) "Common Area": All those areas on each Parcel which are not
Building Area together with those portions of the Building A.rea on each Parcel
which are rIot from time to time actually covered by a building or other
f;ommercial structure or which cannot under the terms of this Declaration be
used for buildings. Canopies which ext.end over the Common Ar@a, together wlth
any columns or posts supporting same, shall be deemed to be a part of the
building to which they are attached and not a part of the Common Area.
(c) "Common Area Haintenance Agreement";
Area Maintenance Agreement between the porties hereto
Shopping Center and is recorded concurrently herewith.
That certain CorTUncn
which encumbers the
(d) "Consenting Owners": The Owners of Parcels L 2 and 3,
(e) "Gross Area": The total number of squa.re feet of land area.
(f) "Lienholder": Any mortgage under a mortgage or a trustee or
beneficiary under a deed of trust constituting a lien On any Parcel.
(g) "National Chain": An operator. that
operator is a fl-anchise, its franchiser that operat.es
uni ts throughout the Unl ted States or in one or more
national or. regional identity, and utilizes a standaro
each of its units.
operates, or if the
or franchises multiple
regions thereof, has a
prototype building for
(h) "North Porcel":
which are those portions of the
Bouleva.rd as shown on Exl-l,;,hit "AU.
Parcels ;2
Shopping
and 3
Center
as shown on Exhibi t If A If ,
located North of Quantwn
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(i) "O...ner": The record holder of fee simple ti tle to a Parcel.
its heirs. legal representatives. successors and assigns.
(j) "Parcel": Either Parcell, Parcel 2 or Parcel 3 as sho....n on
Exhibit: ""''', and more particularly described in Schedule 1, attached hereto
and incorporated herein by this reference.
(k) "Person": Individuals, partnerShips, firms, associations,
corporations, trusts, governmental agencies, administrative tribunals or any
other form of bu~iness or legal entity.
(l) "Restrictions": The easements, covenants,
liens and encumbrances contained in this Declari.'\.tion.
restrictions,
(m) "Service Facilities": Loading docks, trash enclosures (....ith
all trash being hidden from view from the parking areas), bottle storage areas
(with bottles being hidden from view from the parking areas) and other similar
service facilities.
(n) "Shopping Center": Parcels 1, 2 and 3 collectively.
(0)
that portion of
shown on lilUlJ.bit
"South Parcel": Parcell as shown on Exhibit "A", which is
the Shopping Center located South of QU<;l.nturn Boulevard as
"AIt .
(p) "Suburba.n
corporation.
Bonk":
Suburb<;l.n
Bank,
a
Florida
banking
(q) "V$B"; VSB, Ltd., a Florida limited partnership.
1.2 Parties: Suburban Bank is the O....ner of P<;l.rcel 3 and V$B is the
Owner of Parcels 1 and 2. 'rhe Shopping Center is located in the County of
Palm Beach, Stat.e of Florida as shown on Exhitd.t "~" and more particularly
described in Schedule 1 attached hereto.
1.3 Purpose: The parties plan to develop and operate the Shopping
Center as an integrated retail sales complex for the mutual benefit of all
real property in the Shopping Center and, therefore, hereby establish t.he
Restrictions.
II. BUILDING AND CO~~ON AREA DEVELOPMENT
,,)f)
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2,1 Building Location: All buildings and other structures on the
North Parcel (except those permitted in Section 2.2 below) shall be placed or
constructed only in the Building Areas on the North Parcel; provided, ho....ever,
that canopies. eaves and roof overhangs (including columns or posts supporting
same), normal f01.mdations, uti li ty cabinets and meters, signs and doors for
ingress and egress may project: from the Building Area on the North Parcel into
the Common 1>.rea. All of the foregoiug shall be constructed a.nd maintained in
accordance with 311 local, state <;l.nd federal laws, rules and regulations
applicable t.hereto. The building on Parcel 3 sha.ll not contain more than four
thousand (4,000) square feet of ground floor area or more than seven hundred
(700) square feet of mezzanine floor area; further, said building shall not be
greater than forty~fiVe (45) feet in height and shall not cont.ain more than
five (5) drive~up teller lanes. All l3uilding 1>.reas on Parcel 3 on which
buildings are not under construction shall be grass seeded to Florida State
Department of Transportation specifications, kept mowed and weed free and
clean at the Owner of Parcel 3'5 sole expense until such time as buildings are
constructed tllereon.
2.2 Common Area: The Common Area may be used for vehicular driving,
pi.'\.rking (except that there shi.'\.11 be no multi-level parking OD the North
Parcel), pedestrian traffic. directional signs, sidewalks, ....alkways,
landSCaping, perimeter walls and fences, parking lot lighting, utilities,
underground grease traps, draining facilities and Service Facilities and for
no other purpose unless otherwise specifici.'\.lly provioed in this Declarotion.
No buildings or structures shall be placed or constructed on the Common hreas
of the North Parcel. except for pylon and di rectional signs (as provided in
Article IV), paving, bumper guards or curbs, landscape planters, lighting
standards, perimeter walls and fences, utility pads and equipment, sidewalks
and, to the extent that they are located to the rear or sides of buildings,
2
" JUN 21 '91 11:11
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and do not irilpede access, Service Facilities. All bott.les in. bottle storage
areas and all trash shall be hidden from view from the parkl.n9. areas. ':he
Common Area sh(!.ll be constructed substantially in accordance ",~tll the slte
plan at.tached hereto 8S Exhibit. "b:.:.. and shall be kept and ma~ntaine~ as
provided for in the Common Area Mainteniloce Agreement. All .por.tlons 01 the
Building Area on the North Parcel which cannot be used for bUlld1ngs shall be
developed by the Owner thereof in accordance with a site plan approve~ by the
Owner of Parcel 1 and maintained as improved Common Area. The 51.ZeS and
arrangements of the Common Area improvements on the North Parcel, including,
without limitation, service drives and parking areas, striping, traffic
directional an'owS and signs, concrete bwnpers, parking lot lighting,
perimeter walls and fences, and landscaped areas, together with necessary
planLing, may not be changed without the prior written consent of the Owner of
Parcell.
2.3 Type and Design of Building:
(a) Each building in the Shopping Center, now and in the future,
shall be of :f. i x'st quality construction and archi t.ecturally designed so that
its exter ior elevations (including, wi thout limitation, signs and color) wi 11
be archi tecturally and aesthetically compatible and harmonious wi th all other
bull di ngs in the Shopping Center. No bui lding may be constructed no::." the
extedor of any existing building changed in any Woy (including, without
limitation, signs and color) without the prior written approval of the O'lo'fier
of Parcell as to the exterlo. elevations (including, without limitation,
signs and color) of the building to be constructed or modifie~. The standard
building signs of National Chains, as such standard signs may exist from time
to time and the opening, closing or relocation of any door, however, shall not
reguire approval. Before the construction of any building or any modification
of an existing building which requires approval is commenced, sufficient
information shall be sent to the Owner of Parcel 1 to enable the Owner of
Parcel 1 to m~ke a r.easonable determination as to the architectural and
aesthetic compatibility of said building or modification with all other
buildings in t.he Shopping Center. The Owner of Parcell may not arbitrarily
or unreasonably withhold its approval of the proposed building or modification
if it is architecturally and aesthetically compatible and harmonious with all
other buildings in the Shopping Center. The Owner of Parcell must approve or
disapprove the proposal within thirty (30) days after receipt of the proposal,
(\nd, if the Owner of Parcell disapproves the proposaL it shall provide a
written explanation in reasonable detail of its reasons for disapproval. If
the Owner of Parcel 1 rejects or disapproves the proposal and fails to provide
such explanation ..d.thin the ,thirty (30) day period, the Owner of Pot'cel 1
sh?>ll be deemed to have approved same provided that, when the approval was
sought, the One seeking the approval stated in writing to the one whose
approval was sought that if a disapproval with explanation was not made within
the thirty (30) day periOd, approval would then be deemed to have been given.
If the proposal is disapproved as provided herein, then an alternate proposal
may be submit.ted, which alternate proposal shall be handled in the same manner
as the initial proposal.
(b) Each Owner shall maintain or cause t.o be maintained the
ext.er ior of any buiJding located on such O""ne1'. s Parcel (s) in a guali ty and
condition comparable to that of buildings located in first class cornmur.it},
shopping centers of comparable size and nature located in the same geographic
area as the Shopping Center.
2.4 Hinimurn Parking Ratio: There shall at all times be provided on
Parcel 1 and Parcel 2, respectively, parking spaces for at least 5.0
automobiles for each one thousand (l,OOO) square feet of floor area of all
buildings constructed on such Owner's Parcel.
2.5 Dcsign3ted Parking Spaces: VSB 3,cknowledges and agrees that so
long as Suburban Ba,nk is!\ the owner of Parcel 3, that Suburban Bank may
designi;\te those certain fifteen (J5) parking spaces located...,'t))') Parcel 3( as
the name are shown on Exhibit "A", attached hereto and made a part hereof.
with signage stating "Bank Customers Only During Bank Lobby Hours" (the
"Oesignat.ed Parking Spaces") for the Bank and its customer-so The Bank
acknowledges and agrees, however, that such Designated Parking Spaces shall be
exclusive to t.he Bank and its customers only during the Bank's lobby hours and
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shall be non-exclusive to &11 other users of the Shopping Center at all other
times.
2.6 Cons~ruction Requirements:
(a) All work performed in the constr-uction, maintenance, repair.
replacement, alter ation or e:ltp6nsion of any building. sign or COlllffi.on. Area
improvements located in the Shopping Center shall be effected as exped1t10usly
as possible and in such a manner as not to unreasonably interfere, obstruct or
delay (i) access to or from the Shopping Center, or any part thereof. to or
fr.om any pnblic right-of -way, Oi) customer vehicular parking in that portion
of the improved Common Area located in front of any buil.ding constructed in
the Shopping Center, and (iii) the receiving of merchandise by any business in
the Shopping Center including, 'Io'ithout limitation, access to Service
Faci Ii ties. Staging for the construction, replacement, alteration Ol'
expansion of any building or Common Area improvements located in the Shopping
Center including, without limitation, the location of any temporary buildings
or construction sheds, the storage of building materials and t.11e parking of
construction vehicles and equipment shall be limiteCl to t.ha.t portion of the
Shopping Center approved in 'Io'riting by the Owner of Parcel 1. Unless
other-'Io'ise speci ficaily stated herein, the person contracting for the
performance of such work shall, at its sole cost and expense, promptly repair
and restore or cause to be promptly repaired and restored to its prior
condition all buildings and Common Area improvements damaged or destroyed, in
the performance of such work. . All debris and dirt caused or accruing in
connection with any construction on Parcel shall be removed 3S necessary to
keep the Shopping Center's appearance ~n a fltst-class condition.
(b) The parties acknowledge and agree that incidental
encroachrnents ut,on the CO!'lU'llon Area or Building Area may occur as a result of
the use of ladders, scaffolds, store front barricades and similar facilities
in connection with the construction, maintenance, repair. replacement,
a1 ter ation or expansion of buildings, signs and COlTuTlon Area improvements
located in the Shopping Center. all of which are permitted hereunder so long
as all activities reguiring the use of such facilities are expeditiously
parsued to completic1n ana al.'e performed in such a manner as to minimize any
interference wi t.h use of thf:~ improved Common Area, Building Area or with the
normal operation of any business in the Shopping Center.
2.7 Casual.ty and Condemnation: In the evept all or any portion of any
building in th~ Shopping Center is (i) damaged or destroyed by fire or other
casualty or (ii) taken or damaged as a result of the exercise of the power of
eminent dom~iJ'l or any transfer in lieu thereof, the Owner of such building
shall promptly restore or cause to be restored the remainS,ng portion of such
bui Iding or, in 1 ieu thereof. Sh31l remove or cause to be removed the damaged
portion of such building together with all rubble and debris related thereto.
All Building Areas on whJch buildings are not reconstructed following a
casualty or condemnation shall be graded or caused to be graded by the Owner
thereof to the level of the adjoining property and in such a manner as not to
adverse ly affect the d1'ainage of t.he Shopping Center or any portion thereof,
shall be covered by a (lne inch 3sph.alt dust cap and shall be kept weed free
and clean ot the Owner's sole cost and expense until buildings a~e
reconstructed thereon.
2,8 Liabil i ty Insurance: Each Owner shall maintain or cause to be
maintaineo public liability insurance insuring against claims on account of
loss of life, bodily injUl-Y or propert.y damage that may arise from, or be
occCisioned by the condition, use or occupancy of the Comrnon Areas in the
Shopping Center by the owner and its tenants, 8gents, contractors, employees,
licensees, custom~~rs ond invitees, of sllch o'lo'ner or the occupants of its
Parcel except as herein provided, Said insurance shall be carried by a
reputable insurance company or companies qualified to do business in the State
of Florida and having a single limit of at least $2,000,000 in respect of each
occuo.'ence. Notwithstanding the for-E!goi,l:'lg, any Owner or. party responsible to
maint.ain such insurance may "self insure," or provide for a deductible from
said coverage related to the Parcel, to the extent of not more than .25'\, of
the net worth of said Ol,o,Tner or party in its last annual or fiscal year as
certified by an independent certified pUblic accountant and computed in
accordance with generally accepted accounting principles consistently
applied. Such insurance may be carried under a "blanket" policy or policies
cover ing other properties of the party and its subsidiaries, controllin9 or
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affiliated corporations. Each Owner shC:lll, upon ....ritten request from any
other O....ner, furnish to the party making such request certificates of
insurance evidencing the existence of the insurance required to be carried
pursuant to this Section 2.7 or evidence of a self-insurance capacity as
hereinabove provided, as the case may be, All such insurance shall ir.clude
provisions denying to the insurer subrogation ri9hts of recovery against ailY
other Owner. its directors, officers, employees, agents, and tenants and
occupants for any damage or consequential loss covered by said policies,
against which such Owner is protected by insurance, to the extent of the
proceeds payable under such policies, whether or not such damage or loss shall
have been caused by any acts or omissions of the other Owner or its directors,
officers, employees, agents, tenants or occupants.
2.9 Indemnification: Each Owner hereby indemnifies, defends and holds
harmless the other Owners and lessees from and against any and all liability,
claims, damages, expenses (including reasonable attorneys' fees and reasonable
attorneys' fees on any appeal), judgments, ;proceedings and causes for action
for injury to or death of any person ot' damage to or destruction of any
property occurring in or upon such indemnifying Owner's Parcel, unless caused
by the negligent or willful act or omission of the indemnified person, its
agents, contractors or employees,
2,10 Changes to South Parcel: The Owner of Parcell reserves the right
at any time to make changes to the South Parcel (including, but not limited
to, the right to a.lter the location of buildings, construct additional
buildings and r-econf igur-e the parking areas and make changes to the Cornmon
Areas on the South Parcel) without incurring any liability to the O....ner of any
other Parcel therefor.
111. EASEMENTS
3.1 Ingress, Egress and Parking: Each Owner hereto, as grantor,
hereby grants to the other Owners, their n~specti"e tenants, contracto~-s,
employees, agents, customers, licensees and invitees, and the customers,
subtenant.s, contract.ors, employees, employees, agents, licensees and invitees
of such tenants, for the benefit of each Parcel belonging to the other Owners,
as grantees, a nonexclusive easement for ingress and egress by vehicular and
pedestrian traffic and vehicular parking upon, over and across that portion of
the Common Area located on the grantor's Parcel(s); except, however, for those
areas devoted to Service Facilities or drive-up or drive through customer
service facilities. The ~eciprocal rights of ingress and egress set forth in
this Section 3.1 shall apply to the Common Area for each Parcel as such area
may be increased pursuant to Section 2.2 above.
3.2 Utility L~nes and Facilities:
(a) Each Owner hereto, as grantor, hereby grants to the other
Owners, for the benefit of each Parcel belonging to the other Owners, as
grantees. a nonexclusive easement under, through and across the Common Area of
t.he gr antor' 5 Parcel (s) :(or the installation, operation, mai ntenance, repair
and replacement of water drainage systems or structures, detention/retention
ponds, "'ateI' mains, sewers, water sprinkler system lines, telephones,
electrical conduits Ot' systems, gas mains and other public or private
utilities. All such systems, structures, mains, sewers, conduits, lines and
other utilities shall be installed and maintained below the ground level or
surface or such easements except for ground mounted electrical trcmsformers
and such other facilities as are reguired t.o be above gr-ound by the utility
providing such service (including temporary service required during the
construction, maintenance, repair, replacement, alteration or expansion of any
buildings or improvements located in the Shopping Center). The inst~llation,
operation, maintenance, repair and replacement of such easement facilities
shall not unreasonably interfere wit.h the use of the improved Corr~on Area or
wit.h the normal operation of any business in the Shopping Center. The grantee
shall bear all costs related to the installation, operat.ion, maintenance,
repair and replacement of such easement facilities, shall repair to the
original specifications any damage to the Common Area resulting from such use
and shall provide as-built plans for all such facilities to the Owners of all
Pa.cels upon which such utility lines and facilities are located within thirty
(3D) days aft@r the date of completion of construction of same.
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JUN 21 '91 11:14
~::,UEUF:BRt,j ERt,lV
7'3:::: F'D9
(b) At any time and from time to time the Owner of a Parcel shall
hC've the right to relocate on its Parcel any utility line or facility
installed puesuant to the foregoing grant of easement which is then located on
the lend of such Owner, provided that any such relocation (i) shall be
performed only after si>tty (60) days notice of the Owner's int.ention to
undert.ake the relocation shall have been given to the Owner of each PaI'cel
served by the uti li ty line or faci li ty, (ii) shall not unreasonably interfere
with or diminish utility service to the Parcels served by the utility line or
facility, (iii) shall not reduce or unreasonably impair the usefulness or
function of the ut,ility line or facility, (iv) shall be performed without cost
or expense to any other Owner or occupant of any Parcel served by the utility
line or facility. and (v) shall provide for the original and relocated area to
be restored to the original specifications. The Owper performing such
relocation shall provide as-built plans for all such relocated utility lines
and t~cilities to the Owners of all Parcels served by such utility lines and
facilities to the Owners of all Par-cels served by such utility lines and
facilities within thirty (30) days after the date of completion of such
relocation,
(c) Each Owner agrees to grant such additic;mal easements as are
reasonably required by any public or private utility for the purpose of
providing the utility lines and facilities described herein provided ~uch
easements are not otherwise inconsistent with the provisions of this
Declarotion.
3.3 Building Encroachments; Each OwneI', as grantor, hereby grants to
the other Owners, foe the benefit of each pa.rcel belonging to the other
Owners, as grante~5. an easement for any portion ot any building or structure
loc.Jted on any such Parcel which may encroach into or ovox' the grantor' 5
adjoining Parcel (s); provided the easement for footings, piers. piles, graoe
beams and building encroachments does not exceeo two (2) feet, and the
easement for c.:,\!lopies, eaves and roof ovex'hangs does not exceed four (4)
teet. The easements granted in this Section 3,3 shall survive this
Declaration ano shall last so long as the encroachi.ng building is standin9
following its initial construction or following its reconstruction where such
building is subst~ntially restored to its prior condition following a ca~ualty
or condemnation.
IV. OPERATION OF COMMON AREh
4.1 Parking: There shall be no charge for parking on the COmmon kreas
of the North Parcel without the prior written consent of the Consenting Owners
o( unless otherwise required by law.
4.2 Employee Perking: Anything in u1is Declaration to the contri.H'Y
notwithstanding. areas to he used for motor vehicle parking by employees of
occupants of the Shopping Center may be designated within the Shopping Center
ErOll1 time to til"l"le with the prior written consent of the Consenting Owner's. In
the event employee parking areas are designated as provided herein. then
employees of any Owner, lessee or other occupant of any part of the Shopping
Cent.er shall use only those port.ions of the Common Area designated for' such
motor vehicle parking purposes. The authority herein granted shall be
exercised in such manner as not to discriminate against any Owner or business
in the Shopping Center.
4.3 Signs:
(a) Subject to governmental approvaL the Owner of Parcel 3 may
erect one (1) monument sign on Parcel 3 not to exceed five ($) feet in heiqht
and eight (8) feet in length, ....hich monument sign sholl be locate<.l not m;re
than twent.y (20) feet from the building erected all Parcel 3. The Owner of
Parcel 3 sh<'l11 maintain such monument sign in good, safe order and condition.
There shall b-z no other free-standing signs or monwTlent signs on the Norttl
Parcel, other than pursuant to that certain sign easement recorded in Official
Records Book 6046. Page 1161, of the Public Records of Palm Beach County,
Flor ida ("Sign Easerflent"). No exter i01- building or free~standin9 sign in the
Shopping Cellt~r shall utilize flashing, moving or' audible lights or
appurt@nances. The design of the monument sign on Parcel 3 shall be snbject
to the approval of the Owner of Parcel 1, which approval shall not be
llnr~a.sonably w~ thheld. Ho signs may be erected on the root of any bui Iding.
A1) t\.liJcHng :;;igns in the Shopping Cent.er shall be affixed f'arallel to and
6
. JUI121 '91 11: 15
'::;UBUF'BRll E:RtU<
7'3:3 F'lO
.
.
shall not project more than eighteen (18) inches out from any building or
canopy.
(0) The parties acknowledge that the Sign Easement affects
certoin real property owned by V$B located adjacent to the southeast corner of
Parcel 3 ("Sign Easement Property"). VSB agrees that in the event that the
grantee of the Sign Ea.sement requests the grantor of the Sign Easement to
consent to any modification to the existing sign or appurtenant f3cilities
thereto, that such consent 'Will not be given if such modification materially
and adversely impairs the visibility of the building located on Parcel 3 trorn
Congress Avenue. There shall be no modification or amendment of the Sign
Easement without the prior written consent and joinder of all of the Owners of
Parcels atfected by the Sign Easement. Each Owner shall promptly provide all
other Owners with a copy of any notice given or received in connection with
the Sign Easement. In the event the Sign Eesement is terminated, the owner of
the Sign Easement Property may erect similar signage and appurtenant
facilities as are existing on the Sign Easement Property without the prior
written consent of the Owners of Parcels affected by the Sign Easement.
4.4 Sales; No portion of the CO/'l'U1\on Areas on the North Parcel sholl
be used for the s~le or display of merchandise.
V. RESTRICTIONS ON USE
5.1 Parcel 3 R~strictions: The initial use of Parcel 3 shall be
solely fOI' the operation of a bank a.nd such other uses a5 are incidental to
the opere.tioll thereof, Such use may be changed to any lawful retail use
customarily located in first-class community shopping centers in Palm Beach
County, FlOl'ida, with the prior writ.ten consent of the Owner of Parcell.
which consent 5hall not be unreasonably wit.hheld provided the proposed ne... use
does not violate any exclusive use granted by the Owner of Parcel 1 or
Pot'eel 2 to any tenant of either Parcel 1 or Parcel 2. . Notwit.hstanding t~e.,l
foregoing, no portion of Parcel 3 shall be, used a~ a restaurant.
5.2 Shopping Center Restrictions;
(a) The NOl"th Parcel shall only be used for the sale to the
general ptlblic of goods and services customary to first class community
shopping centers (including, without limitation, a bank, savings and loan or
multi-screen movie theater).
(b) No pBrt of the Shopping Center shall be used as an adult book
store, flea. market, fun'i:~ral parlor or house of worship or automobile repair
shop which utiJizcs COIT@on Areas for its repair work, a bowling alley,
nightcl ub, bar, tavern, cocktail lounge (except in connection with a
restaurant operation), game or omuselTlent room 35 (I prirncuy use, g0.5 statioll,
skating rink, billi,nd or poo). hall, off track betting establishment,
so-called "flea market. massage parlor. second-hand or used goods store,
s?-~all~d "head shops," or training or educational facility including, without
~lmltatl~n, () beauty school, barber college, reading room, place of
Instruction or any other operation catering to primarily to students or
tr~inees as opposed to customers.
5.3 Drive-up and Drive Through Facilities: The pa.rties hereby approve
the vehicular drive-up and drive through customer service facilities for
Parcel 3 shown on Exhibi.t "A".
VI. GENERAL PROVISIONS
6.1 Covenants Run With the Land: Each Restriction on each Pi1Ircel
shall be a burden on that Parcel. shall be appurtenant to and for the benefit
of the other Porc~ls ond each part thereof and shall run ~i.th the land.
6.2 Successors and Assigns: This Declaration and the Restrictions
cre~ted b.erebY shall inure to the benefit of and he binding upon the Owners.
thelr he1rs, legal representatives, successors and assigns, and upon any
person acquiring a Parcel, or any portion thereof, or <.'Iny interest therein,
whether by operation of law or otherwise.
7
F/261,I'Ll/4
JUil 21 "31 11: 16
~=;UBUF:BR11 BR1U<
7'3:::: F'll
6.3 Duration: Except as otherwise provided herein, the term of this
Declaration shall be for perpetuity.
6.4 lnjunctive Relief: In the event of any violation Or threatened
violation by any person of any of the Restrictions contained in this
Declaration, 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 compet.ent. jurisdiction. The right of injunction shall
be in addition to all other remedies set forth in this Declaration or provided
by law.
6.5 Modification and Termination: This Declaration may not be
modified in any respect whatsoever or terminated, in whole or in part, except
wi th the consent of the Owners of Par-eels 1, 2 and 3 at the time of such
modification or termination, and then only by written instrument duly @x@cuteo
and acknowledged by all of the required Owners, duly recorded in the Public
Records of Pulm Beach County, Florida. No modification or te~mination of this
Decli;l,ration shall affect the rights of an}' Lienholder unless the Lienholder
consents in writing to the modification or termination.
6.6 Requests for Approval: Except wher-e otherwise specifically stated
herein, all consents and approvals required hereunder shall be given ,..ithin
thirty (30) days after receipt of written notice specifying the section
pursuant to which such consent or approval is request.ed and including coples
of all documents reasonably required to gl:'ant sl\cb consent or approval. In
the event writt.en notice of approval or disapproval (with reasons sp~cified)
is not given within said thirty (30) day period, said request. shall be deemed
di$approved.
6.7 Not a Public Dedication: Nothing herein contained shall be deemed
to b@ a gift or dedication of any portion of the Shopping Center to the
general public o:r for the general public or for any pUblic purpose wh3tsoever,
it being the intention of the parties that this Declaration shall be strictly
limited to and fo~ the purposes herein expressed.
6.8 Breach Shall Not Permit Termination: It is expressly agreed that
no breach of this Decla:ration shall entitle any Owner to terminate this
Declaration, but such limitation shall not. affect in any manner any other
l-ights or remedies which such Owner may have hereunder by reason of any breach
of this D<?claration. Any breach of this Declaration shall not defeat or
render invalid the lien of any mortgage or deed of trust made in good fei th
for value, but this DeClaration shall be binding upon and be effective against
any Owner whose title is acquired by foreclosure, trustee's sale or otherwise.
6.9 Default: No person shall be deemed to be in default of this
Declaration except upon the expiration ot thirty (30) days (ten [10] days in
the event of failure to pal' monei') from receipt of written notice from any
Owne1- or Prime Lessee specify.ing the particular in which such person has
failed to perform the obligations of this Declaration unless that persoD,
prior to the expiration of said thirty (30) days (ten (10) days in the event
of failure to pay money), has rectified tl)e particulars specified in said
notice of default. However, such person shall not be deemed to be in default
if snch failure (except a failure to pay money) cannot be rectified within
said thirty (30) day period and such person is using good faith and 5ts best
efforts to rectify the particulars specified in the notice of default.
6.10 Notices:
(a) 11.11 notices given pu~suant to this Declaration shall be in
writing and shall be given by personal delivery, by United States mail or by
United States express mail or othel- est.ablished oVIH'night express delivery
service (such as Federal Express), postage or delivery charge prepaid. return
receipt reqllesteo, addressed to the appropriat.e party by name and address
shown on the then current. real property ta~ rolls 1n Palm Be~ch County,
FloI' ida. All notices to VSB, Second Party or Su))urban Bank sh(.lll be sent to
the address set forth below:
e
F/264PLT/4
Rill 21 ''31 11: 17
:::;UBUF'BRtl BR1U<
7'3:::: P12
Notices as to Bank
shall be sen~ to:
Su.burbc\D Bank
6801 Lake Worth Road
Lake Worth, Florida 33467
Attention; Richard Brannan
Notices as to VSB
shall be sent to:
VSB, Ltd.
c/o SDK Incorporated
33 West MonrO@ Street
Chicago, Illinois 60603-5486
Attention: Marshall Lees
and a copy to:
Draper and Kramer Incorporated
100 Northeast Third Avenue
Suite 970
Fort Lauderdale, Florida 33301
Attention: Gary Rito
The person and address to which notices are to be give~ may be chan~ed at.any
time by any party upon written notice to the other part~es. All not~ces g1ven
pursuant to this Declaration shall be deemed given upon receipt.
(b) For the purpose of this Declaration, the term "receipt" shall
mean tbe earlier ot any of the following: (i) the date of delivery of the.
notice or other document as shown on the return receipt, (ii) the date of
actual receipt of the notice or other document by the person or entity
specified pursuant to this Section, or (iii) in the case of ~efusal to ~ccept
delivery or inabili~y to deliver the notice or other document, the earlJ.er of
(A) the date of the attempted delivery or refusal to accept delivery, (B) the
date of t.he postmark on the return receipt or (C) the date of receipt of
notice of refusal or notice of nondelivery by the sending party.
6,11 Waiver: The failure of a person to insist upon strict
of any of the Restr ictions contained herein shall not be deemed
any rights or remedies tJH).t suid person may have, and shall not
waiver of any subsequent breach or default in any of the
contained herein by the same or any other person.
performance
a waiver of
be deemed a
Restr ictions
6.12 Attorneys' Fees: In the event any person is required to init.iate
o~ defend any legal action or proceeding to enforce or interpret this
Declaration, the prevailing party in any such action or proceeding shall be
enti tled to recover its reasonable costs ano. attorneys I fees (including its
reasonable costs and attorneys' fees on any appeal),
6.13 Severability: If any term or provision of this Declaration or the
application of it to any person or circumstance shall to any extent be invalid
or unenforceable, the remainder of this Declaration or the application of such
term or provision to persons or circumstances, other than those as to which it
is invalid 01- unenforceable, shall not be affected thereby, and each term and
provision of this Declaration shall be valid and shall be enforced to the
extent permitted by law.
6.14
iJ;'ltended to
create, a
between the
Not a Partnership: The provisions of this Declaration are not
create, nor shall they be in any way interpreted or construed to
joint venture, partnership, or any other similar relationship
parties,
6.15 Third Party Beneficiary Rights: This Declaration is not intended
to create, nor shall it be in any way interpreted or construed to create, any
third party beneficiary rights in any person not C' party hel:'eto unless
otherwise expressly provided herein.
6.16 Captions ano Headings: The captions and headings in this
Declaration are for reference only and shall not be deemed to define or limit
the scope or intent of any of the terms, covenants, conditions Or agreements
contained herein.
6.17 Entire Agreement: This Declaration contains the entire agreement
between the parties hereto and supersedes all prio~ agreements, oral or
written, with respect to the subject matter hereof. The provisions of this
9
r,-c.,:, .........T,'~
- ~
JUN 21 '91 11:18
~=;UBUF:BRll BRtn:
7'3:3 P13
Declal'ation shall be construed a a .....hole and. not strictly for or aqainst any
party.
6.18 Construction: In con5truing the provisions ot. this Decla-ration
and whenever the context so requires, the use of a gender shall include all
other genders, the use of the singular shall include the plural, and the use
of the plural shall inClude the singular,
6.19 Joint and Several Obligations: In the event an}' party hereto is
composed. of more than one person, the oblig~tions of said party shall be joint
and several.
6.20 Recordation: This Declaration shall be recorded in the Public
Records of Palm Beach County. Florida.
6.21 Estoppel Certificate: At any time, and frOlll time to time within
thirty (30) days after notice or rBquest by the holder of any actual or"
proposed mortgage 01' ground lease aff@cting or intending to affect either
ParcelL 2 or 3. the Owner. of such Parcel shall execute and c.ieliver to such
mortgagee, ground lessee or purchaser, a statement certifying that this
Declaration is unmod.~fied and in full force and effect or if there have been
modifications, that it is in full force and effect as modified in the manner
specif ied in the statement, and that to the knowledge of such pat"ty there
exists no default under this Declaration or circumstances 'Which with the
passage of time would result in the existence of such a default, other than
specified therein.
6,22 Governing Law: Venue: This Declaration shall be governed by and
construed in accordance with the laws of the State of Florida. Venue for any
action arising out of, or in ony way connected. with this Declaration shall be
in Palm Beach County, Florida.
6.23 Joint Preparation: The preparation of this Declaration has been a
joint effort of the parties and the resulting document shall not, solely as a
matter of judicial construction, be construed marc severely against one of the
parties than the other.
6.24 Force Majeure: In the event any Owner shall be delayed or
hindered in or prevented from t.he performance of any act required to be
performed by it by reason of acts of God, strikes, lockouts, unavailability of
materials, failux:-e of power, prohibitive 90vernmental laws or regulations.
riots, insurrections, war or other reason bej'ond its control. then the term
tor perform8Dce of such act shall be extended for a period equivalent to the
period of such delay. Lack of adequate funds or financial inability to
perform shall not be deemed to be a cause beyond the control of such o'Wner.
EXECUTED 85 of the day and year first above written.
WITNESSES:
VSB, LTD., a Florida limited partnership
By: VSB, Inc., a Florida corporation.
General P~rtner
By:
Its:
SUBURBAN BANK, a Florioa banking
corporation
By:
Its:
10
U264Pll/4
JUN 28 '91 09:10
SUBURBAN BANK
884 P02
EXHIBIT A
'-'.gRUCE
BIII1III
'IIHlle
CARTER a ASSOCIATES, INC.
LANO SURVEYO~S
LANO PLANNERS
PHONE I~O~1 26~-ltIO
40e !.f. 8th AVt. l SOUTH FEOt:Rl\L HIOHWA'Y'1
gltl..ftAY ee ACH, I"L"QflIIDA :!I3""''' '.
SIiEC'I' 2 of J
d .
>ESCJUPTlOO :
\ PARCEL OF lAND LYI~ IN TIW::'I' "A'., SAID nw:::r aEINJ nl S~ION 17, "'l'CMNSHlP 4S scurtl,
AN::iE 43 FAST I p~ BEACH c:nJtm', FLaUM, SAID LI\ro BErN:; ~PAArIC'UlARLY DESCRIBED
S roI.J.lJolS:
CQ THE PURFOSE OF nus DESaUP1'ICN, 'ffiE CENI'E2U.lNE RIGHr-OF-~Y OF ~Amtti toJLEVARD
,~ ~ 89. 08' 39~1 US! AS SAlD BEARlOO IS ~ IN 'mE PIAT OF CQAN'l'tfi PARK AT
~1JNION BEACH, P.I.D.; PlAT NlMBER l-A p,s Rro)RDED IN PLAT OC()K 57, PAGES 180, 181,
.l{)BLIC tmnR.DS OF SAID roJNr'{ AND ALL 'BEAR1OOS RJ:t;lTm HEREIN ARE: RElATIVE'I1WEro.
~IN: AT Il'HE Im'ERS2Cl.'l~ OF THE ~INE RIGHr-OF-W\'i OF <XN:iRESS AvmJE,
M.SJ BEn(; 'mE WEST LINE OF 'niE SGl.1nMES'T 00E-uJARI'ER (swl) CF SAID SFJ::TlOO 11) WIIffi
lliE CENI'ERLlNE RIGHT-OF-WAY CF SAID c;oAN'lt..H E'O..JLi.VAAD; ~ N::RIH 990-081-39" DSr,
~ SAID CQ1I'ERL!NE Of' QUNm..M OCXJJ:8JARD A DIs:rAN::E OF 88. 02 ~; 'l'H:E:ta ~ 000
H · 21" WEST, A DISTi'l>>:E OF 40.00 f'EEI' ro A POlt-r.r a.l '!'HE N.:>>mi IUQ1lI-OF4+9"Y LINE c.'
.lAID QUANIUi J!OJI.ENARDi 'lltEN::E N::Rm .44 0...33'..53" WES'1' ~ SAID ~ RlGffr-OF-wA.\'
lINE: A DISTANCE OF' 36.14 FEEl' ro nm I~iCI'ICN WI'Ui TItt FAST RIGHr-OF-wAY LINE OF
~ AVlNUE BElNO A LINt 60.00 FB9r FAST Of' (N; MF.D.SUREO AT JUCl-rr Am1..ES 'ro> AND
,~ WITH SAID WEST LINE OF THS SCQ1'HWES'I' ~ (swi) OF SAID SECTION 171
nma
, ~,
~ 01. 43' 35" EAST, ~ SAID PARALLEt.. LINE, A oxsr~ OF 48.00 FEEl' 'IO ffiE
~INr C$ SmINNIN3 THEN::E; , ,
n1I'K 88' 16' 25" VST, A DISTAl'Q (:N 13.00 nEr, 'Jlff.N:E
.lOC.1I'H 01' 43' 3S" WEST, A DI81'Ata OP 21.59 FEEr: THElQ
.nmf 88' 16' 25" ~, A DlSTNa (R 9.00 Fmri ~
scxmt 010 4)1 35" WEST, A DIsrAta OF 5.61 FEF:.r; '1'ttQa
0Clmi 45' 26' 07" WEST, A DISTAN.'% ce 8.24 F>>:r: nIEN:::E
nnH 44' 331 5311 FAST, A DISTNa OF 40.00 PiEl', ~
~ 458 26' 07" EAS'l', A DISl'Ata OF 8.24 FEE:rJ 11im'a
_~ '890 081 39M FASr, A DISTAta OF 5.61 FEEI': 'lmN:E
scvnf 00. 51' 21" ~, A DIsrAN::E OF 7.00 Fft1I'1 '.l'HEta
~ 99' 09' 39" EAST, A. DISl'Ata OF 16.81 FEET; TH:D>X::E
nmA 00' 51121" nsr, A DIST~ OF lO.OOFEEI' ro SAID 00JmI RIG~F...wA,{ LINE
)F o.w-rI'I..M OCXJJ:..EVAAO' 'l'IiEN:E
~'1'H 690 08 I 39" EASr ~ SAID NJRTH RIGHT-OF-wAY LINE A DIStAN:E Of 132.65 F'EITi
~ .
.auH 00 51' 2P ~ A DIS'I'AN:'E OF 264. 11 FEEI'; '.l'HEN:E
~ 090 OS' 39" WEST, A OISI-AN::,E OF 140.65 FEET; 'I'Ima
~ 01' 43' 3511 ~, A DIS'I'AN::E OF lS,37 f'EE1\; ~
~ sa. 16 I 25't WE$T, 1\ DISTAN::E CF 54, 18 nEl' 'lQ 'nIE AFOREMEN'rlOOID FA9r RIGHT-
,:)F-WA'i LINE OF ~ AVEN..JE: ~ scum 01' 43' 3511 WEST 1\I,.OIG SAID ~ RIGHT-
OF--W1\Y LINJ!l A pI ~l\NCE OF 177..29 FEin' TO 'l'M"S POlton OF sn;1NN.I~.
-rJW _
..(II ....ICltI" the rl of eRUCt CARtER It. ASSOC TES lNO. On
UPPA.l Ell 0114/0. ReVISIONf I)"TI1; e... CK10
............IslA 11 IlIlT." ",.. l' ---.......
tIOl tit, (.!dull.d 1I'lwh61O or orl YIIlhcul 1
~ The undmlon.d ond BRUCr; CARTER e. ASSOCIATES, iHC. mot.1 II
r.prll.n'ClII~ 0( oUG'Onl"~ Cia ~1)~h.lntorl'l'loI101l ,.fllcl.(t:berton fj.tfOll'lir.<
.o..mtt\l..rlghlt.ot'WG)',I,1 ~tli. rcwl.,utMllw.oornm,nla ond oI".r .'rrl',Qr l'\G1
olld 'lH'Shaf, 'hi. lnslrlimtflt h lIolltll.i-dtd 10 TltlKI or Itl rOl'th oIItyOIl mollell, Su
InformGI1oti thovld", oblOlnoG onf OOIInrmt4l>)' ottrtllllVough GPFllP\Qt. t1~ "0'
tiW 100f\(l1 ."own tllflon "o,r, nv1 obtlroclt" f.r rI9h'~tf."'01 411'1c1/or -
loumann 01 rtCl(lrd.
JOt NO. .
DRAWN BY:
CHf:CKiO '1':
"8,
'"c.
i
, t.,
1
" ,
JUL 08 :91 15:03
SUBURBAN BANK
966 P02
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JUL 08 '91 15:04
SUBURBAN BANK
966 P03
OESCR1r!tON: PARCEL #1 .
".;,,' , It. peXccl ot land ly.l.ng' in SeCtion 17. ~up 45 ScSut'1, P.anQe 013 East I Pal.l4
~ county, Flor1daf s....ud lard. be~ nore partiC\uar'ly ~1t:ed as folla.s:
CCtl'ri't!Iicing: at t.he ~t Quarter' cot"\"'.e);' of ~tion. 11 f 'l~.nsh.iP 45 Sc\lth, Rang.e
43 East; t.nence with a bearing of North S9 degrees 08 minuteS 49 seconds E".&::>"'t,
,along the E:ast~t ~tet" line of Section 17. a distance ,of 50.05 feet to a
);Oint on the East right of way line of Oc;%-.gt'<H:S Ave.; thence with a bearirQ of
SoutJ1 1 degrees 44 ll\1nutes 39 ~ West, a+crIJ 'the !lAst 1" ight of wa:{' 11m .
of Congress Aw., a distance of 10.01 feet;. thence tot1th a beai'~ of Norrf.:h 89
. ~ oa rn.1nutes 4~ sec;:cn1s E.:'1St, al~ a line lyirvJ 70.00 foet South. of nnd
'parallel to tre East~-st Qu.:'1.rte:r line o~ Sec::t.io"l. 17, 6Ctid llne,a.1.so being' ~
South lina of Lake W:;lrth DraiJ~ District Latera.1 (J;anal No. 21 r O;S ~t.o~
.:in Official Record. &ok. 1732, pa;;-e 612, o! tl"t3 PUbUc; Re<;ord$ of p.a.l.!n Beoach
_ .County, !?larida, a dista..1')Cle of 10.01 f~t to a p:'):l.nt; ~ wi't:h I'), bearirq D'f
South 1 c1egree H minutl;!:S 39~...s West, a. distance of -41~.35 feet to t;.h!:
I, Po,fnt of Seginn..i.ng; thence with a bearir:q' of North 65 o....<>g;re&S 26 minutes <<
.~)ds east, a cU!';i..~',of 34.55 feet; th:once with a bearing or ~rth 6'9
'~ 08 crlnute9 ,~ seccnds East, a distance of 694.33 feet:'~ with a
bear.1m of e.outh 1 ~ << ...rinutes 39 secorrls \'~, a cU.s1..-::nx:e of 795.54
teet: tJ"Fo..nc:e with a. beari.Dlt of South S9 degrees 04 minutes 32 secco:!s~, eo
, dista;nce ot 592.01 ~eet; thence with a hearlna of .NOrth 44 deg:ree9 35 nimtes
24 ~ 'i'i!est, a ~t~ of. :36.11 feet; t:hence with a ,bea.ring of 1-f.Jl"th.l
~ 44 minutes ~ ~ EM't~ a. ~ of 146.3G-teet ~'or l~ to'
~ Point of Beginning'. ' .." ,
.
" 'DESCRIPTION: PARCEL fll'2
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A pal'col o! lard lyinQ in S<.x;tion 11, TCW1Ship 4~ s.ou.th, ~ 43 East, ~.lt:l
Beach Coill'li..y, Florlda. said land \;:ei.rq ~ par't1cu1a.rly de-scribed. &$ fol.lcx..a:
Canrendrq at tha W;rgt; QI.la.rter corne).' of sect.ioo 17" ~p 4~ South, Range
, ,43 East; thence l'tith a ,..bearin;;7 of Nol.1::h ~ d.egreeS 08 m.tnutes '9 ~ East,
, . ','alorq tire East...weet Q\~te:t. line of Section 17, a cUgtance of 50.0' feet to a
',. . "..,point on the Ee.:3.t: rlgl..t of wzI/ line of eongress Ave; thenc::e with a bearing of
... :: ';" South 1 deg:x:ee 44 tll.lnu'tee Sg s..eo:::nds ,~, aloIi'J the East tight or ""'alf 11ne of
, ". '., Gorlgres3 A've., a. distance of 70.01 f~ok to a p::>.1nt: thence with a tear1n;J ot
" <' Not'th 89 degrees 08 ll'J.nwte::!ll "g ee-conds East. alClt).'J" a. 1i~ 1y irq 10. 00' fee t
.' South of and. p.."U"allel to ~ Eaat;--wes1: Quarter line of Section 11, a d.istanCe
,; ~ , ,of 10.01 feet to tl)e ?Oint of' P.eglnnip;;u thence continue>dth a bear.irq'of .
, North 89' &;grees OB ru..inutes 49 ~'Sas't., alcnQ' a li.>1e lyin] 70.00 feet
.' ,. SOJ.th of and parallel to tl"e East-Hest Quarter line of $ectioo 17, said tine
\ " '. also ~ i.nO t.l'Ie South' 1100 of U".ke Worth DreJ.naQa District Lateral Canal lb.
\ \ 21. as recorded in Official RecOrd P.t;a~ 1'132,. pa-ga' 612, of the P\lbHc RecOrds
, . of Palm Beach CoUnty, Florida, a d~ of 71S.aa fe<9t to a p:lint: ~
, with a b2arinQ' of South 1 degree 440 ~tes 39Bec<rm ~t, a. distance ot
, 311 . $ B ff!et. to a (XJint i thence With a bear in:J of South 8'0 &#g:l'ees on ,mirnttes
, ~' '9 'seco~ i<Jest, a distance of 692.06 feet: thenCe 1'fi~th a ~ing of North. U
.' ~_ ....~ 33 l1unutes 16 se<;ClUs~, a ~ of 36.15 feet 'to a_~~t, C1'l 't:h!
EcO"t riaht. of w;;q line! of CCr'lgress Ave.: t11e'OCe 'tdth a be-al;<.1ng' of NOrth 1,
degree ". minutea $9 "seo::o1S East, a ~ .ot ~e.5.22 teet ~ ,or 19$51 to
. the Point of aeg5..riJ,.nQ'. L.eas description P~.1"oel. :#3.
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~" JUL 08 '91 15:05 SUBURBAN. BANK
, DESCRXriION I PARceL #:3 966 P~4
, ~ LAND'LYll):; III TRAcr "1\;', SAID 'fl'J'Cr &&i:~ IN' S~ON,l1;"~SIlII' 4~i ~,
MN:iE 43 Fi<5T, pALM BEACH C(ll.lllr'l, FLOIUD/\, SAIO uNO BEING loDro( PAP:.J:I~ULI\RL" IJI!SCI\IBEO
AS FO~S:
, .
!;OR TIll> PURroSE 01' THIS OESCil.IPrION, 'J.'(iE CEl/l'ERLlNE RIGfl'l'-oF-WA'l OF aJAlIl'IR'l BOULEVI\llll
BI!1\RS NOR1\! 89. 08' )9" EAST AS SAID Bl!l\lUIl."i IS sHaiN IN THI3 PLA'i' OF (lUl\llItM PAro( ,M
llOYNlOlI JlEI'CH, P. 1.0 ., PUT NU>!IlER l-)\' I\S RElXlRDED IN P'U>.T BOOK 57, PAGES 180, 181,
pU!lLlC ROCORDS OJ.' Sl\ID CQUNI'Y l'ND'J\LL B;:ARINGS Rl'ICl'l'ED """"XN ME l1JlIATIVE THEREIO.
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Co.'v'JMENClt-v.} F\T THE INI'ERSa::rION OF THE CENTERLINE RIGHT-OF-WAY QFCONGRESS AVENt.TE,
(l\1S0 BElN:) THE WEST LINE OJ::' THE SOOTHt>JEST Oi.~-QUARTER (SWt) OF SA:rD SEC1'ION 17) WITH
'llHE CENTERLINE R!G!-l1'-OF-~~Y OF sAID QlJANtU,i BOULEVARDi THENCE l";OR'TH- 8"'90-08 1-39H EAST,
JUDNJ SAID CENTERLXNE OF QUANTL'M DOt..%VARD A DISTANCE OF 88.02 FEEI', ~ NOfl.TH 000
51 r 2111 WES'i'l A DISTANCE OF 40, 00 ~ 'IO P, rolNI' ON THE NORTH R!GHT-oF....~W\'{ lJIt'lE OE'
SAXO' QUANI'D~l BOULEVi\RDi ~ NORTH 440-331-53" wEST M.O~ SAID NORTH RIGlfI'-OF-W1\Y'
L:NE A DISTJ\..\'CB OF 36.1.4 FEET TO TtJE INTE.Q.SECTION WITH THE EAST R!GHT-oF-NAY.' LINE OF
CQ.\lGro;'..SS AVENUE BEl~~ A Llt\1E 60.00 FEST EAS'1~ OF (AS- MEASURED AT RIGHT M\3LES 1'0) AND
p~.EL ~vITH SAID tVESt LINE OJ:' THE SOtJTHv;'ES'l' ONS-QOMTER (SW~ 1 Ol~ SAID sEri'roN 17 f
1J.1I,m'NC.€ ,.... .'
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l\"OR'1'H 010 43' 35" EAST, A!J)NG SAID pARM.LEt.L!NE. A DISTJl.N2E QI" 48:,90 FEEl' fro T1m
POIN!' Or-' BEJ8INNIl\"G TI-[Et\1CBi . -..
501)"111 88" 16' 25'" EAST I Po. DIS'1'Ai."iCE OF 13.00 fEEIT'i Tfi,Et\'CE
SOUTH 01" 43' 35" ~\'ES1'1 1\ DISTM'1(:E OF 21.59 FEEr; TJ.m.."CE
50U'111 880 16\ 2511 EAST I A DIST~ OF 9. DO FEET; TBEt-.1CE
SOtrrH 010 13 I 35" 'V\1EST I A DlSTN\CE' Or!' 5.61 FI::ET; THEt-K:E
SOOTH 45 c 26 I' 0; or lVEST I A DIST.P.N:E OF B. 24 F'E..'E:lI ;'l'fTh."1-.x::E
SOUTH 44.<) 331 53" :EAST,~A\DIST~ OF 40.00 F':E';:;.n1; ol:HEl.\CE
h"ORT}{ 450 26' 07" El'...sT, J~-:PIsrAl'lCE OF 8.24 FEETi 'I'HEl'CE
KORTH '890 OS' 39" EAST, A DIST~E OF 5.61 FEEl'; THEN::E
SOUTH 001;1 51' 21 ,. F--l\l?T ( A. DISTAA'CE OF 7.00 rmr I 't'1~
KORTH 890 08l 39" l:."..~T, A DIST./Th'CE OF 16.61 FEb"'1'1 THENCE
SOUTH 00" 5L I 21" 1?lST, A OISTM'CE 01: 10.00 FP...Br 'IO SAID NORTH RIGHT-OF-hIAY rJlNE
Of' QUl..N'rUM BOOLEVf-Jm; 1.""~X::E "
=.,89: 08', 39" EAST ALONG SAl D ~wi:H RIGHT-oP-WAY LX,", " DlS'l'/>Jo-1:;~ OF 132, 65 FEEr;
~
NORTH QO Sl ( 2111 wr.-....s1; A OrSTANCE OF 264.11 'fEEl'-. '.('HENCE
~OU'IH B90 OBI 39'i ~>JEST/.A DISTM'CEOF 140.65~; 'l'HENC8
f;Of}1'H, G-l I) 431 35" WSST I A DISTANCE OF 15.37 FEEI'" 'I'Hl!:NCB
~nRTH aao 16' 25" ",lEST, A DISTAJ:;."CE OF 54.18 f'EE}:' TO "J:1m AF'ORFl1E:NI'IoNED E;ST iUGHT~
OF-WA~ "'UIE OF CONGR2SS J\.IlENUE': '!'HENCE sOUTH Ole 43' 35" w<>.$ ALONG SAID Et>.ST !l.XaHr-
OI?-Wh'l L!~ A D.I~'1'ANCE OF 177.. ,,9 ~ '!O ':C'l1e ro;I;NT OF BCJ:;:t~It'-"G. .' ".. ::,
SAID ~;SI~' LYING = BEING IN PI\!M BEAClI CCUNI"i, ";';'1,",," i\ND ~IU:NlNG" ,,- ,
, 50,OOO','SQUME JrEEl' OR 1.149 ACRES..' ' ' ,
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