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LEGAL APPROVAL This instrument was prepared by: Motorola, Inc. 1301 East Algonquin Road Schaumburg, Il 60196 Record and return to: Stuart M. Gottlieb, Esq. Koeppel Cooke & Gottlieb 222 lakeview Avenue, Suite 260 West Palm Beach, FL 33401 RECEIVED MAY f 3 1993 .. EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement") is made as of May .J::L, 1993, by and between MOTOROLA, INC" a Delaware corporation, qualified to do business and doing business in Florida ("Grantor"), with an address at 1500 N.W. 22nd Avenue, Boynton Beach, Florida 33426-8292, and Mark L. Mendel and Joan D, Mendel, husband and wife (herein together called "Grantee"), with an address at 7458 Trescott Drive, Lake Worth, Florida 33467. RECITALS WHEREAS, Grantor is the owner of certain real property in Boynton Beach, Florida, described on Exhibit A attached hereto and made a part hereof (the "Burdened Property"); and WHEREAS, Grantee is the owner of certain real property in Boynton Beach, Florida, adjoining the Burdened Property, which property is described on Exhibit B attached hereto and made a part hereof (the "Benefitted Property"), and WHEREAS, Grantor wishes to grant and Grantee wishes to receive a non-exclusive easement for ingress and egress over, upon and across a certain portion of the Burdened Property, which property is described on Exhibit C, attached hereto and made a part hereof, to provide access to the Benefitted Property, all as more fully set forth below, NOW, THEREFORE, for and in consideration of the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is mutually agreed as follows: 1 , Grant of Access Easement. Grantor does hereby convey, grant, and warrant unto Grantee, their heirs, executors, administrators and assigns, and their agents, guests, enrollees, licensees. employees, contractors and invitees, a non-exclusive easement for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, over, upon and across that portion of entrances and roadways on the Burdened Property described on Exhibit C attached hereto (the "Access Easement"). - 1 - 2. Grantee's Restrictions. Grantor, for itself and on behalf of its successors and assigns, hereby acknowledges and consents to Grantee's use of the Access Easement on the Burdened Property as described herein, 3, Maintenance. Grantor shall be responsible for the maintenance of the Access Easement, making repair of damage resulting from ordinary wear and tear arising out of uses bv Grantor of the Access Easement. In connection therewith, Grantor shall keep the Access Easement free of all improvements (except improvements now existing and replacements thereof and improvements constructed after the date of this Agreement that do not unreasonably interfere with the rights conveyed herein). Grantee shall be responsible for making repair of any damage to the Burdened Property resulting from Grantee's use of the Access Easement for access to the Benefitted Property, 4. Notice, All notices, requests, submissions of contracts, and all other writings required under this Agreement must be in writing and shalf be deemed validly given on the third business day after the date posted if sent by certified mail, return receipt requested, addressed to the addresses set forth above (or any other address that the party to be notified may have designated to the sender by like notice), 5, Insurance: Indemnification. With respect to the use of said Access Easement. each party agrees to obtain and maintain insurance reasonably acceptable to the other party, which, except for Workers' Compensation, Employers' Liability and Contractual liability Insurance, names the other party as an additional insured. The insurance required by the above paragraph shall be written not for less than the following, or greater, if required by law: (a) Workers' Compensation (with a waiver of subrogation clause in favor of the other party) : ( 1) State: Statutory. ( 2) Employer's liability: $1,000,000 ( b ) Comprehensive General Liability: (1) Bodily Injury: $1,000,000 each occurrence . $2,000,000 annual aggregate ( 2 ) Property Damage: $ 500,000 each occurrence $1,000,000 annual aggregate - 2- ( c) Contractual Liability: ( 1) Bodily Injury: $1,000,000 each occurrence ( 2) Property Damage: $ 500.000 each occurrence $1,000,000 annual aggregate ( d ) Comprehensive Automobile liability: ( 1) Bodily Injury: $ 500,000 each person $1,000,000 each occurrence ( 2 ) Property Damage: $ 100.COO each occurrence Each party shall furnish the other party with a certificate of such insurance containing a provision that such insurance will not be modified or canceled except upon thirty (30) days written notice from the Insurance Company issuing the same to Grantor or Grantee, as the case may be, Any insurance policies carried by either party shall contain clauses waving the insurer's subrogation rights against the other party, Grantor shall indemnify, defend and hold Grantee harmless against any claim of liability or loss from personal injury (including death) or property damage resulting from or arising out of the use and occupancy of the Access Easement by the Grantor, its officers, directors, agents. invitees. guests, licensees or employees. Grantee shall indemnify, defend and hold Grantor harmless against any claim of liability or loss from personal injury (including death) or property damage resulting from or arising out of the use and occupancy of the Access Easement by the Grantee, their agents, invitees, guests, enrollees, licensees or employees. Neither Grantor or Grantee shall be liable for any such loss, damage. injury or death resulting solely from the intentional misconduct or negligence of the other party, its or their officers, directors, agents, invitees, guests, licensees, enrollees or employees_ 6, Maintenance Costs, The parties agree that the Access Easement shall at all times be maintained in a safe and clean condition of good order and repair. Grantor, its successors and assigns, at its sole risk and expense, shall be responsible for the maintenance and repair of said Access Easement. 7, Authority, Grantor represents and warrants to Grantee, that Grantor has full authority to execute. deliver and perform or cause to be performed this Agreement. Grantee represents and warrants to Grantor that Grantee has full authority to execute, deliver and perform or cause to be performed this Agreement. 8, Successors: Severability. The terms, covenants and provisions of this Agreement shall benefit and be binding upon the respective executors, administrators, heirs, successors - 3 - and assigns of Grantor and Grantee. If any provision of this Agreement shall to any extent be adjudged invalid or unenforceable, the remainder of this Agreement shall not be affected. 9. Captions. Section captions used in this Agreement are for convenience only and shall not affect the construction of this Agreement. 10. Counterparts, This Agreement may be executed in any number of counterparts and by each of the undersigned on separate counterparts, and each such counterpart shall be deemed to be an original. but all such counterparts put together shall constitute but one and the same Agreement. 11 , Miscellaneous. If any term of this Agreement or any application thereof shall be invalid. illegal or unenforceable to any extent. the remainder of this Agreement and any other application of such term shall not be affected thereby. This Agreement shall be given a reasonable construction so that the intention of the parties to confer a commercially usable right of access on the Grantee is carried out. Either party may enforce this instrument by appropriate action and should it prevail in such litigation, it shall recover as part of its costs a reasonable attorney's fee. This Agreement may be amended only by an instrument in writing, signed by the party against whom enforcement of such amendment is sought. IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the date first above written. GRANTOR: !,~:jff//ZfL . Witness MOTOROLA, INC. a Delaware corporation By: t.fe-UdQt6 Name: #cCToA'- klz- Title: 9., #u /~~. ~ tf6VE.Attt.. .171~. k~~?6~::~Wi,ness brl'~ ~ P0';~ ~ (- - (tCL" Witness /GAANTEJ:: _ 'Qn r //Z _ _.// 7/fffd~ - j{Z~t)) Mark l. Mendel ~~ j\ rV~;~J (_______/ JoanO, Mendel /'J ./J L . ~~..uL- a~ .Jea..,lIte ~ ,--k, nS I Witness - 4 - STATE OF FLORIDA } ) SSe ) COUNll' OF PAlM BEACH --- The foregoing instrument was acknowledged before me this ~ day of ~ y . 1993, by ~(JTt?,e ~/L--- ,as Vice President of MOTOROLA, INC" a Delaware corporation, and he acknowledged that he executed the same as such officer, in the name of and for and on behalf of said corporation, and who is personally known to me sr WR6 Res f)reduCl;;d Of ;~."I;".~ ~ oath. .~~ Notary ublic r, (. ~ ..\ 'I , My commission expire.~" My commission number is (lc ~ ///1/ f STATE OF FLOlA ) ; ) SS. COUNTY OF" ;J/ tJFri{J'I/- ) T~oregoing instrument was acknowledged be,ore me this /('7!fday of III II Y , 1993, by...]J11tJ fl/ffAIJ::EL- . and V~/( /)I$,lJ');EL- , who are personally known to me or who have produced Rt,J/brt I(,t;/LJ Lie ;3";t5E .as idejication and who did not take an oath. . Hvu' $~L'--' ......;~~'i~[~/,r~" cueh~! '" ALONI \. / (~rt:')1 L~f},€:j~I~5InES "/';;,1f.;t~~". eo~';DEO THi;U N:iThiiY FUCllC UNDERWRITERS Notary Public My commission expires SHERRI MALONI NOTARY PUBLIC My commission number is COMM. #CC 10247] Social Security Numbers of the Grantees: c-;lttvr:.P/,pc)) Mark L. Mendel ~f""3 .Rf, ./vC, \~ ~ \ ? -. 1 ( ; "-"lei ( ( Joan 0, Mendel ,;zU) .( t;:S -S H (I I - 5 - EXHIBIT_A LEGAL DESCRIPTION - All OF TRAC1S94 THROUGH 1071 SECTION 20~ OF SUBrIVISION OF SECTIONS 29 AND 20 . ' TOHNSHIP 45 SOUTHI RANGE 43 EAST" AS PER Pl.J\T THEREOF" RECORDED IN PLAT BOOK PAGE 20" OF THE PUBLIC RECORDS OF PAu~ BEACH COUNTY" FLORIDA" INCLUDING 30 Fe STRIP lOCATED IN ,SECTION 20" TOWUSHIP. 45 SOUTH" RANGE 43 EAS'T~ AND BOUNDED O~ THE SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94" SECTION 20" OF TilE SUBDIVISION OF SECTIONS 29 AND 20" TOllNSHIP 45 SOUTH" RANGE 43 EAST" ACCORDH: 6 e . . TO THE PLAT THEREOF" RECORDED I N PLAT BOOK. 7" PAGE 20 J PAU1 BEACH COUNrf RECC .L\LSO INClUDl~G 30 fOOT STRIP. SHOHN AS ROAD EASE1'lENT RUNNIUG FRor1 CANAL (-16 f'IORTH TO T~{ NORTH LINES OF' LOTS 102 AUD 107 EXTENDED OF. ~UBDIVISION OF SECTI 29- A~iD 20" RECORDED'. IN. PLJ\T .BOOK 7~ PAGE 20 OF THE PUBLIC RECORDS OF PAut BE~ COUNTY" FLORIDA.. LYING BEnlEEN LOTS 96 TO 102, au THE EAST AND LOTS 94" 95 AN[ l03.THROUGH- 107 ON THE WEST IN SAID SUBDIVISION. - ALSO:' ALL LANDS" INCLUDING LAKE BOTT0I1 OF LAKE JACKSON ~ND lJ\NDS DESIGNATED "SAND BEACH" OR JlLOH NUCKII OR OTHERHISE LYING BETHEEN THE ABOVE DESCRIBED PRe ERTY.AND \-lEST OF THE RIGHT-Of-WAY OF THE LAKE HORTH _ DRAINAGE DISTRICT EQUALi2 CANAL E-4~ EXCEPTING THAT PORTION OF TRACTS 94" ,95.. 103.. 104" l05~ 106 m~D Ie SECTION 20" SUBDIVISION OF~ECTIONS 29 AND 20" 'TOHNSJlIP 45 SOUTH" RANGE 43 EP '^CCORDING TO THE _ PLAT THEREOF" RECORDED IN PW\T BOOK 7" PAGE 20" PAU1 BEACH COUNTY PUBLIC. RECORDS \-IHICH LIES HITHIN 50 FEET OF THE \'IEST LUll; OF S.l\ID SECl 20.. ' ALSO" ALL THAT PART OF THE SH l/~ OF SECTION 17 AND THE NU 1/4 OF SECTION 20" fmlNSHIP 45 SOUTH" RANGE 43 EAST~ PA1l1 BEACH cour~TY" FLORIDA" LYING SOUTH OF THE SOUTHERLY RIGHT-Of-HAY LINE OF NH 22~1D AVENUE AS DESCRIBED HI OFFICIAL . . RECORDS BOOK 1738" PAGE 1686 OF THE PUBLl C RECORDS OF PAUl BEACH COUNTY" FlOf AND NORTH OF THE SUBOIVISfON OF SECTIONS 29 AND 20" TOHNSHIP 45 SOUTlL RANGE . , EAST~ RECORDED IN PLAT BOOK 7" PAGE 20" HEREINABOVE 'DESCRIBED~ AND EAST OF TI EASTERLY LINE OF RIGHT -OF-HAY OF CONGRESS AVENUE AND H~ST OF THE \~ESTERLY LH OF 'RI GHT -OF-HAY Lit-IE OF THE Ll\KE HORTH DRAINAGE'DISTRICT EQUAlIZlNG CANAL E-I EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY TilE RIGHT-Of-HAY OF CONGRI AVENUE" LAKE HORTH DRAINAGE DISTRIct EQUALIZiNG CANAL E-4 AND RIGHT-Of-WAY 01 CANAL C-16 FORMFRlY BOYNTON CANAL. - " . EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE PROPERTY COINEYED TO MARK L. AND JOAN D. MENDEL. THENCE NORTH 89'04'.7" [AST ALONG THI-'''.OI,ir-LiNI ....... ."UIllI 'U""VlI:; ftO!OROLA (ALto CfJNC TH( SOUT" _IGIC' Of WAY llN:' o~AID PLAY O' AVE,H~E), A D.IST~NC~ ~~.:SO~.~O f~~' 10 THE _P~l~T Of ~IGIHHIH::". 2Zod . -'.! ...... ._._~~ .-. ----..-----. ...---.~.- ~~~._-_._,,--~~------~- -.------ K&! NI SURVEYORS, INC. LEGAL DESCRIPTION A CERTAIN PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, LYING WITHIN THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT, AS RECORDED IN PLAT BOOK 43, PAGES 139 AND 140, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA, SAID POINT LYING 54.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF N.W. 22nd AVENUE AND LYING ON THE WESTERLY RIGHT OF WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4, THENCE FROM SAID POINT OF BEGINNING, SOUTH 07010'03" EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO) ALONG THE WESTERLY RIGHT OF WAY OF SAID LAKE WORTH DRAINAGE DISTRICT CANAL E-4, A DISTANCE OF 270.00 FEET; THENCE SOUTH 89004'47" WEST, A DISTANCE OF 245.98 FEET; THENCE NORTH 45055'13" WEST, A DISTANCE OF 117.94 FEET; THENCE NORTH 00055'13" WEST, A DISTANCE OF 185.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF N.W. 22nd AVENUE; THENCE NORTH 89004'47" EAST ALONG THE NORTH LINE OF SAID PLAT OF MOTOROLA (ALSO BEING THE SOUTH RIGHT OF WAY LINE OF N.W. 22nd AVENUE), A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING. CONTAINING 80,984 SQUARE FEET OR 1.859 ACRESt. SUBJECT TO ALL EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD, IF ANY. P.O, Box 19494 . West Palm Beach, Fl33416-9494 · (407) 798-5005 · Fax (407) 798-5408 ./; PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-119 TO: W. Richard Staudinger, P.E. City Engineer ~~ Christopher Cutro, Planning and Zoning Director FROH: DATE: l..fay 14, 1993 SUBJECT: Easement Agreement between Motorola, Inc. "Grantor" and Hark L. Hendel and Joan D. Hendel ("Kidstop") "Grantee" Please review the attached Easement Agreement document for its validity and also provide your comments, by memo, to this department. DH:cp . . PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-118 TO: FROl-1: Jim Cherof, City Attorney ClLLV ~-- Ch-rl~topher cutro, Planning and Zoning Director DATE: Hay 14, 1993 SUBJECT: Easement Agreement between Motorola, Inc. IIGrantorll and Mark L. Hendel and Joan D. Hendel (IIKidstopll) IIGrantee" Please review the attached Easement Agreement document for its validity and also provide your comments, by memo, to this department. DH:cp , ~~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-045 TO: J. Scott Miller, city Manager ~~~ Ch~sf6pher Cutro, Planning and Zoning Director FROM: DATE: March 11, 1993 RE: Kidstop Sign Review The proposed Kidstop Daycare Center will be located in the Motorola P.I.D. which has it's own sign program. Therefore, signage for the Kidstop must be added to the overall sign program for the P.I.D. The sign proposed by Kidstop is within the overall sign size criteria set forth in Chapter 22 of the Code of Ordinances and no wall signage is being proposed for the development. At it's meeting of March 9, 1993, the Planning and Development Board reviewed this sign program modification and forwarded this item to the City Commission with a recommendation for approval, This item has been scheduled for final review before the City Commission on March 16, 1993. CC:ald ~"-..