LEGAL APPROVAL
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200 N. Seacrest Blvd.
Post Office Box 310
Boynton Beach, FL 33435
(407) 738-1490
OFFICE OF THE PLANNING DIRECTOR
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August 25, 1988
Roland Yates, Construction Engineer
McDonald's Res~aurant
5200 Town Center CircJe, *600
Boca Raton, FL 33432:
Re: McDonald's Restaurant-Revised CU
Our file #: 114
Dear Mr. Yates:
Please be advised that on Tuesday, August 16, 1988, the ,City .
Commission approved the Conditional Use Applicat~on, Site Plarr,
and shared parking request referenced above, subJect to staff
comments with the fpllowing exceptions:
1.
Comments in the Staff Report pertaining to
layout and design of the outparcel.
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Memorandum from the Pu l~c Wor s D~rec or.
" .
2.
In addition to staff comments, copies of which are attached, the
commission is requiring that a Hold Harmless Agreement be
submitted to the Utilities Department for both the sewage air
relief valve and the proximity of the building to the existing
16-inch water and sewer mains.
Also, the Commission has included in its approval the CAB
approved landscape plans for the Congress Avenue Medians adjacent
to Catalina Centre.
After you have amended your plans ..to reflect the stipulations
p~ease have the appropriate Department Heads initial the atta~hed
slgn-off sheet, prior to your submission to the Building
Department for permits.
"
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NOTICE OF PUBLIC HEARING
Mr. Roland Yates, Construction Engineer, McDonald's
Corporation, requested the following parcel be considered for
CONDITIONAL USE to construct a freestanding MCDONALD'S
RESTAURANT AND DRIVE THRU FACILITY at the following loca-
tion:
Legal
Description:
CATALINA CENTRE - Plat No.2, according
to the plat thereof as recorded in Plat
Book 56, at pages 43 and 44 of the Public
Records of Palm Beach County, Florida,
lying in the Southeast 1/4 of Section 18,
Township 45 South, Range 43 East, the
leased outparcel, more fully described as
follows:
Commence at the Southeast corner of said
Section 18; thence South 880-56'-29"
West along the South line of said
Section 18 for 60.07 feet to a point on
the West right-of-way line of Congress
Avenue as recorded in Official Record
Book 3560, pages 1115 through 1120, of
the Public Records of Palm Beach County,
Florida; the following course being
along said West right-of-way line also
being along the East line of said Parcel
"B"; thence North 010-44'-21" East for
401.20 feet; thence North 880-15'-39"
West for 26.12 feet to the Point of
Beginning of the hereinafter described
parcel of land; thence North 010-44'-21"
East along a line parallel with and 26.12
feet West of said Westerly line of
Congress Avenue for 86.71 feet~ thence
North 430-15'-39" West for 18.79 feet;
thence North 880-15'-39" West along a
line parallel with and 20.00 feet South
of the Southerly line of Tract "A" of
said Plat of Catalina Centre - Plat No.
2 for 47.59 feet~ thence South
010-44'-21" West along a line parallel
with and 87.00 feet West of said
Westerly line of Congress Avenue for
100.00 feet; thence South 880-15'-39"
East along a line parallel with and
120.00 feet South of said Southerly line
of Tract "A" for 60.88 feet to the POINT
OF BEGINNING.
Lying and being in the City of Boynton
Beach, Palm Beach County, Florida and
containing 6,000 square feet or 0.1377
acres, more or less.
Address:
1799 North Congress Avenue
Boynton Beach, FL
Applicant/
Agent:
Roland Yates, Construction Engineer
McDonald's Corporation
5200 Town Center Circle, #600'
Boca Raton, FL 33432
Owners:
Walboyn, Inc.
8132 West Glades Road
Boca Raton, FL 33434
project:
McDonald's Restaurant
A HEARING BEFORE THE PLANNING & ZONING BOARD WILL BE HELD AT
CITY HALL, 211 SOUTH FEDERAL HIGHWAY, COMMISSION CHAMBERS,
ON TUESDAY, AUGUST 9, 1988 at 7:30 P.M.
ALSO
A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COMMISSION,
CITY HALL, 211 SOUTH FEDERAL HIGHWAY, COMMISSION CHAMBERS,
ON TUESDAY, AUGUST 16, 1988 AT 8:00 P.M. OR AS SOON THEREAFTER
AS THE AGENDA PERMITS, ON THE ABOVE REQUEST.
All interested parties are notified to appear at said
hearings in person or by attorney and be heard. Any person
who decides to appeal any-decision of the Planning & Zoning
Board or City Commission with respect to any matter considered
at these meetings will need a record of the proceedings, and
for such purpose, may need to ensure that a verbatim record
of the proceedings is made, which record includes the testi-
mony and evidence upon which the appeal is to be based.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH
pc
JULY 22, 1988
cc: Mayor and City Commissioners
City Manager
City Attorney
City Manager's Secretary
Recording Secretary
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STATE OF FLORIDA
COUNTY OF PALM BEACH
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p I, RICHARD H. CRITCHFIELD, a duly licensed attorney in the
State of Florida do hereby certify that I have examined the
Public Records of Palm Beach County, Florida through April 27,
1988 at 7:00 P.M. and hereby further certify that the record
titleholder of that certain parcel of real property situate,
lying and being in Palm Beach County, Florida, more particularly
described in Exhibit II All attached hereto and made a part hereof
is: .
Walboyn Development Corp., a Maine corporation
subtect to that certain mortgage in favor of The First National
Bank of Boston dated March 10, 1987 and recorded March ]9, 1987
in Offieial Records Book 5211 at Page 1491, of the Public Records
of Palm Beach County, Florida.
Sworn to and subscribed before
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My Commission Expires:
tlolarv Public, State of Florida
~y Commi!slon Expires Marth 10, 1.991
Bondo:J lhru Troy fllin. hl~Ul"nco Inc.
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EXHIBIT II A"
Tract A of CATALINA CENTRE PLAT NO.2,
according to the Plat therf.lof, recorded in
Plat Book 56 at Page 43, of the Public
Records of Palm Beach County, Florida.
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DEED
THIS DEED, dated this JQ1h. day of December, 1984, by Riteco
Development Corporation, a Florida corporation (IIRitecoll), and
by B. D. Rawls, .169 E. Flagler Street, Suite 1430, DuPont Building,
Miami, Florida, as Trustee for Martha Field Fite under that certain
indenture of trust known as The Martha Field Fite Trust, dated the
12th day of September, 1984, recorded in Official Records Book 4376,
page 1612, Public Records of Palm Beach County, Florida, and as
.'
Successor Trustee for Janet Field Riley under that certain indenture
of trust known as The Janet Field Riley Trust, dated the 3rd day of
February, 1981, recorded in Official Records Book 4376, page 1581,
Public Records of Palm Beach County, Florida, (IIRawlsll), hereinafter
collectively called the Grantor, to Walboyn Development Corp., a
Maine corporation, 8132 West Glades Road, Boca Raton, Florida 33434,
hereinafter called the Grantee.
WITNESSETH: That for the sum of Ten Dollars ($10.00) and other
good and valuable consideration, said Grantor do hereby grant,
bargain, sell, alien, remise, release and convey unto the said
Grantee, its successors and assigns in fee simple forever, all
that certain property situate in the County of Palm Beach, State
of Florida, described as follows:
SEE EXHIBIT IIAII, attached hereto and made a part hereof.
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SUBJECT, HOWEVER, to taxes for the year 1984 and subsequent
years; to all applicable governmental regulations; to
restrictions, reservations and easements of record (it not
being the intent hereof to reimpose the same).
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AND Riteco does hereby fully warrant the title to Parcels 1
2 (as shown on Exhibit IIAII), and will defend the same against
lawful claims of all persons whomsoever, except as above noted.
AND Rawls does hereby covenant with Grantee and Riteco that
at the time of delivery of this Deed, Parcel 2 (as shown on Exhibit
IIAII) was free from all encumbrances made by Rawls, and that Rawls
will warrant and defend Parcel 2 against the lawful claims and demands
of all persons claiming by, through or under him, but against none
other.
IN WITNESS WHEREOF, the said Grantor have executed this Deed
Prepared by: l.~~~to:
DAVID S. PRESSLY, ESQ.
P.O. Box 3888
West Palm Beach, FL 33402
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the day and year aforesaid.
Signed, sealed and delivered
in the presence of:
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RITECO DEVELOPMENT CORPORATION
BY:
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s Vlce-President ~
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(CORPORATE."~~~"""',I..>'\
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B. D. Rawls, as Trustee under
The Martha Field Fite Trust and
as Successor Trustee under The
Janet Field Riley Trust.
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this 18~
day of December, 1984, by HOWARD WADE RILEY, III, as Vice President
of Riteco Development Corporation, a Florida corporation, on be~alf
of the corporation.
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STkT~~OF FLORIDA
COUNTY OF DADE
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NOTARY PUBLIC
My Commission Expires:
ROTARY PUBLIC ST^TE o~ FLORIDA
MY COMMISSIOM EXP. DEe 14,19S8
BONDED THRU GENERAL INS. UNO. ,
The foregoing instrument was acknowledged before me this 19~
day of December, 1984, by B. D. RAWLS, as Trustee. ---
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NOTARY PUBLIC
..(NOTARY SEAL)
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My Commission Expires:
NOT ARY PUP.IX ST:" IE OF FLORIDA
MY COM/\\:SSiON EXPi~C5 JUNE 26 1937
BONDED THRU GENERAL INSURANCE UNO
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A PARCEL OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER
OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, THENCE WITH A
BEARING OF SOUTH 880 56' 2911 WEST, ALONG THE NORTH LINE OF SECTION 19,
A DISTANCE OF 60.0t FEET TO A POINT ON THE WEST RIGHT OF WAY LINE
OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 3560, PAGE
1115 THRU 1120, PALM BEACH COUNTY, FLORIDA; THENCE WITH A BEARI='JG OF
SOUTH 00 12' 52" EAST, ALONG THE ABOVE MENTIONED WEST RIGHT OF WAY
LINE OF CONGRESS A VENUE A DISTANCE OF 285.12 FEET MORE OR LESS TO THE
I POINT OF BEGINNING; THENCE CONTINUE ALONG THE AFOREMENTIONED RIGf:lT
OF WAY LINE A DISTANCE OF 958.27 FEET TO A POINT ON THE NORTHERLY RIGHT
OF WAY LINE OF THE L-16 (BOYNTON CANAL); THENCE WITH A BEARING OF ..
SOUTH 880 57' 17" WEST, A DISTANCE OF 843.01 FEET TO A POINT; THENCE WITH ..
A BEARING OF NORTH 010 44' 21" EAST, A DISTANCE OF 165.47 FEET TO .;\ POINT;
THENCE WITH A BEARING OF NORTH 440 47' 08" EAST, A DISTANCE OF 45.00
FEET TO A POINT; THENCE WITH A BEARING OF NORTH 610 181 35" EAST, A
DISTANCE OF 92.01 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 010
44' 21" EAST, A DISTANCE OF 292.00 FEET TO A POINT; THENCE WITH A BEARING
OF SOUTH 880 15' 39" EAST, A DISTANCE OF 128.16 FEET TO A POINT; THENCE
WITH A BEARING OF NORTH 670 00' 00" EAST, A DISTANCE OF 134.18 FEET TO
A POINT; THENCE WITH A BEARING OF NORTH 030 44' 57" WEST, A DISTANCE OF
119.99 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 880 t 51 39" WEST,
A DISTANCE OF 70.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH
010 44' 21" EAST, A DISTANCE OF 130.00 FEET TO A POINT; THENCE WITH A
BEARING OF NORTH 530 30' 00" WEST, A DISTANCE OF 49.16 FEET TO A POINT;
THENCE WITH A BEARING OF NORTH 010 44' 2111 EAST, A DISTANCE OF 122.94
FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 870 17' 06" EAST, A
DISTANCE OF 183.26 FEET TO A POINT; THENCE WITH A BEARING OF SOCTH
860 52' 20" EAST, A DISTANCE OF 60.00 FEET TO A POINT; THENCE WITH A
BEARING OF SOUTH 430 32' 36" EAST, A DISTANCE OF 36.37 FEET TO A POINT;
THENCE WITH A BEARING OF NORTH 890 47' 08" EAST, A DISTANCE OF 278.10
FEET TO A POINT; THENCE WITH A BEARING OF NORTH 440 47' 08" EAST, A
DIST ANCE OF 35.36 FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 14.41 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS AND
RIGHTS OF WAY OF RECORD.
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A PARCEL OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER
OF SECTION 19, TOWNSHIP 45 SOUTH, RANG'E 43 EAST, AND IN THE SOUTH HALF
OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CO\iMENCING AT THE NORTHEAST CORNER OF SECTION 19, THENCE WITH A
BE:\RING OF SOUTH 880 56' 29" WEST, ALONG THE NORTH LINE OF SECTION
19, A DISTANCE OF 60.07 FEET TO A POINT; SAID POINT BEING THE POINT OF
BEGINNING ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE AS
RECORDED IN OFFICIAL RECORDS BOOK 3560, PAGE 1115 THRU 1120, PALM
BEACH COUNTY, FLORIDA; THENCE WITH A BEARING OF SOUTH 00 121 52" .
EAST, ALONG THE ABOVE MENTIONED WEST RIGHT OF WAY LINE OF CONGRESS
AVENUE A DISTANCE OF 285.12 FEET TO A POINT; THENCE WITH A -BEARING .
OF SOUTH 440 47' 08" WEST, A DISTANCE OF 35.35 FEET TO A POINT; THENCE WITH'
A BEARING OF SOUTH 890 47' 08" WEST, A DISTANCE OF 278.10 FEET TO A ..POINT;
THENCE WITH A BEARING OF NORTH 430 321 36" WEST, A DISTANCE OF 36.37
FEET TO A POINT; THENCE WITH A BEARING OF NORTH 860 52' 20" WEST, A DIS-
TANCE OF 60.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 870.
17' 06" WEST, A DISTANCE OF 183.26 FEET TO A POINT; THENCE WITH A BEARING
OF NORTH 010 44' 21" EAST, A DISTANCE OF 831.30 FEET TO A POINT; THENCE v
WITH A BEARING OF SOUTH 880 15' 39" EAST, A DISTANCE OF 254.01 FEET TO A
POINT; THENCE WITH A BEARING OF NORTH 080 541 22" EAST, A DISTANCE OF
65.20 FEET TO A POINT IN A CURVE BEING CONCAVE TO THE NORTH, A RADIUS
OF 600.00 FEET, A CHORD BEARING OF SOUTH 840 40' 39" EAST, A CENTRAL
At'GLE OF 70 10' 02" A DISTANCE OF 75.05 FEET TO A POINT; THENCE WITH A
BEARING OF SOUTH 880 15' 39" EAST, A DISTANCE OF 199.34 FEET TO A POINT;
'THENCE WITH A BEARING OF NORTH 460 44' 21" EAST, A DISTANCE OF 35.35
FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 010 441 21" EAST, A
DIST ANCE OF 626.20 FEET TO THE POINT OF BEGINNING.
CONTAINING 11.36 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS AND
RIGHTS OF WAY OF RECORD.
RECORO VERIFIED
PALM BEACH COllNTY FLA
iOHN S, DUNKLE
CLERK CIRCUIT COURT
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GROUND LEASE
'!able of Content.
1. Prem.lses ,.",. I . . . . . I . t . . . . . , . . . t . . . . . . , . . . . . , . . . . . . . , . . . , I . . . . . . I . . . . . . . . . I . I' 1
Z. Lease ~rm ..,.,.,. t . I , , . . t . . t . I . . , t . t . . I . . , . t . , . . , . . . . . . . . , . . . . I . . . . . . I . , . . . I .. 1
3. Rene .,........,.... t . , t , . t , . . . . t , . . .f . . I . t . , I . . . . . . , t . . . . . . . . , . . . . . . t . . . . I I . . .. 1
.... .Landlord's Warranties and Covenants ...0 0 I . . 0 0 0 0 0 . . 0 o. 0 0 0 000 0 . o. 0 0 0 . 0 0 0 0 0 . . . .0 . . . . .. 2
A. Zoning.."...,..., t, . . , . . , , , , , . , . . . . t . . I . . . . . . . . . . , . , . . . . . . . , . . . , t . . t . . . I . . . ...~
B. UtllltJe.s...., t . . . . . . . , . I . . . . . . , , , . . . . . . . , . . . . . . , . . . . . . . . . . . , . . . . I , I . I . . . . . .. ~.,
C. Demolition.... t . . , . , , . I . I . , . , . . . . . . . . , , , . . , . . . . . . , . . . . . , . . . . . . I . , I . . I . . , . .. 2
D. Possession.....,.. I . . . . . . . , , t , . . . . . . . . . . . . . , . . . . , t . , , , . . . . . . . , . . . . I . . I . I I . "' 2
E. 'J!ax,es...""..", t , , t t . t . . . I . , , . . . . , . , t . . . . . . , . , . . . , , I . . , , , . . . . I . I I I I I . . . t t .2
P. Covenant of Title and Quiet Enjoyment . 0 0 0 0 . 0 . 0 0 . 0 0 ; 0 o. 0 0 0 0 . 0 0 0 0 . 0 . 0 .0 . . 0 . . . . . .. 2
G. Covenant Not to Compete .0.. 0 . 0 0 0 . 0 0 .0.0. . 0 0 o. . 0 00. 0 0 . 0 0 . . 0 0 0 . . . 0 . 0 . .0. . 0 . . . . ''3
H. 'I1:nant's Remedies. 0 . 0 0 . 0 . . . . . . . . . 0 . 0 . . . '. . . . . . . 0 0 . . 0 0 . . 0 . 0 . . . . 0 0 0 . . 0 0 . . . . . . . .. 3
5. 'I1:nant's Covenants . 0 0 . . 0 . 0 . . . . 0 . 0 . . . . . 0 0 . . 0 0 0 . 0 0 0 0 . 0 0 . . . . 0 0 0 0 0 0 0 0 0 0 . 0 . . . . . . . . . . .. 3
A. Rent. .'~ t, t . . . t . . . t I . , . . I . I . t . t t . . . t . . t . I . I t t . . I . t . . . . . , It' . . . I . I . t . . t t . . . t .. 3
Bo . Liens and Encumbrances o. 0 . . . 0 . 0 . 0 . . . . . . . 0 . 0 . . 0 . 0 0 . 0 . . . 0 0 0 0 . 0 . . . . 0 . . . . . . . . . .. 3
C. Insu~ce and Indemnity 0 . . . . . 0 . . 0 0 . . 0 . . . . 0 . . 0 . 0 . . . 0 0 . . 0 . 0 . 0 0 0 0 . . . 0 . . . . . . . . 0 .. 4
00 Repairs . 0 . . . . . 0 0 0 . . . . . . . . . . . . 0 0 0 0 . . 0 . . . . . . 0 . .0 . 0 . . . . . . : 0 . . . 0 . . . . 0 . . . . . . . .r.. 4
E. UtUities 0... 0 0 . 0 0 : . . 0 . 0 . . 0 . 0 . 0 0 . . . . . 0 . . . . . . . 0 . 0 . . 0 . . 0 . . . . . 0 . . 0 . . . 0 . . . . . . . ; '.. 4
p. Compliance wl~h Law. . . . 0 . . 0 . . . . . 0 . . . . . . . . . . . 0 . . . . . . . 0 . . . . 0 . 0 . . 0 . . 0 . . . . . . . . .. 4
6. Right to Terminate ................. 0 . . . . . . 0 . . . . 0 . . 0 . . . . 0 . 0 . . . . 0 . . . . . . . . . . . . . . . . .. 4
A. Permits. 0 . . . . 0 . 0 . . . . 0 . . . . . . 0 . . . 0 . . 0 . 0 . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . .. 4
B. Evidence of Title ................................... 0 . . . . . . 0 . . . . . . . . . . . . . . . .. 5
Co Survey. 0 0 . . . . . 0 . . . . . . 0 . . . . . . 0 . 0 . 0 . . 0 . . . . . . . . . . . . 0 . . 0 . . . . . 0 . . . . . . . . . . . . . . . .. 5
O. . SoU Tests 0 . 0 . . . . . . 0 . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 0 . . . . . . . . . . . . .. 5
E. Payment 0........ 0 . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . 0 . 0 . . . . . . . . . . . . . . .. 5
P. Damage or Destruction .. 0 . . . . . . 0 0 0 0 . . . 0 . . . 0 . . . 0 . . . . . . 0 . . 0 . 0 . 0 . . . . . . . . . . . . . . .. 6
7. Use, Alterations and Titie to Improvements . O' .0 . 000 . . . 0 0 . 0 . . . . . 0 . . . . . 0 . . . . . . . . . . . . . .. 6
8. Assignment and Subletting 0 0 . 0 . 0 . 0 . 0 . 0 . 0 0 . 0 0 . 0 . . . . 0 . . 0 . . . . 0 . 0 0 . 0 . . . 0 . . . . 0 . . . . . . . . .. 6
9. Mortgaamg of Leasehold Estate .. . . . . 0 . . . 0 . . 0 . 0 0 . 0 . 0 0 . . 0 . 0 0 0 0 . . . . . . 0 . 0 . . . . . . . . . . . . .. 6
10. LandlQrd's Right of Re-Entry ........... 0 0 0 . . . . 0 . . 0 . . . . ; . . 0 0 0 . . 0 . 0 0 0 . . . . . . . . . . . . . . .. 7
11. Holdin~ Over ....... 0 0 0 . 0 0 . . 0 . 0 . . . 0 0 . 0 . . 0 . . 0 0 . . . . . 0 . 0 . 0 0 0 0 . 0 . 0 0 . . . . . . . . . . . . . . . .. 7
12. Condem.''lation . 0 0 . 0 . 0 0 0 . . . . . . 0 . . . 0 0 0 0 0 . 0 . . . 0 . 0 0 0 0 . . 0 0 0 0 0 . . 0 0 0 0 0 0 0 0 . 0 . 0 . . . . . . . . o. 7
13. Option to Extend .. 0 0 . 0 0 0 . . . . 0 . 0 . . 0 0 . 0 0 . 0 0 0 . 0 0 0 . . . . 0 0 0 0 0 0 0 0 0 0 , . 0 0 0 . 0 . 0 0 . 0 0 0 . . 0 . 0 0 8
14, 'I1:.t's Right of Pirst Refusal to Lease 0 00' . 0 0 0 . o. . 0 0 .0 0 . . . 0 : 0 0 0 . 0 . 0 0 0 . . . . . 0 0 0 . 0 . .0' . 0 8
15. Option to Purchase and Right of Pirst Refusal to Purchase 0 0 0 . 0 0 . 0 0 . 0 0 . 0 . 0 0 0 0 . 0 . 0 0 . 0 0 . . . . 0 8
16. 'n'adc Pixtures, Machinery and Equipment. 0 . . .0.0.00. . . 0 0 . 0 0 0 0 . 0 . . . . 0 0 000. . '0' . . . . . .. 9
17. Recording .. . . . t , I , t . . . . I . . , . . , . . t . . . , . . . t . . . . I . t . . . . . , , . t , . t . . . t . . t . t . . . . t . . . . t 9
18. Subordlnation 00 0 . 0 0 . . 0 0 0 . 0 . 0 . . 0 0 . 0 . 0 . 0 0 0 0 0 . 0 ;..... 0 0 . 0 ; 000 0 . . . 0 . '. . 0 0 . . . . 0 . . 0 0 . . 0 . 0 . 10
19. Miscellaneous Provisions .00 0 0 . . .0 . . . 0 0 0 0 0 0 0 0 0 . o. 0 . 0 . 00. 0 . . 0 . 0 0 . 0 0 0 . 0 0 . . . 0 . .0 . . . . . . 10
A. InvaUdlty 0 0 . . 0 0 0 0 . . 0 . 0 . . . . 0 . . 0 . 0 . . 0 . 0 0 0 . . 0 0 0 0 . 0 0 . 0 0 . 0 . 0 0 . 0 0 0 0 . . . . . . . . . . . . 0 . 0 10
Bo Successors, etc. . . . 0 . 0 0 . 0 . 0 . . 0 . 0 0 . . 0 0 . 0 . 0 . . . . . 0 . . . . 0 0 0 . . . . . 0 0 . . . . . . . . . . . . . . . . . 10
C. Writing t. t . t , . , t t . . . t I . . .' . . t I....... , .... . t . . t t . , . . . t , . t . . It' . . . I . . . . . . I . , . t , . t , I 10
D. Construction 0 0 0 . 0 0 . 0 0 0 . . . 0 . . . . . . . . 0 . 0 0 0 . . 0 0 0 0 0 0 0 0 . 0 0 0 . 0 0 . 0 0 0 0 0 0 0 . 0 . 0 . . 0 0 . . . 0 10
E. Notice o. 0 0 . . 0 . 0 0 0 . . . . . . . 0 . 0 . . . . 0 0 0 0 . 0 0 . 0 0 0 . . . 0 0 0 . . 0 . 0 . 0 0 0 0 0 0 0 0 0 . 0 . . . . . . . . . . 10
20. Rule Aplnst Perpetuities . 0 . . . . . 0 . 0 . 0 0 . . . . . . . . 0 0 . 0 . . . . 0 0 . . 0 . 0 . 0 0 . . . 0 . . . . . . . . . . 0 . . . . 11
21. Con1Uct ot Interests .... 0 . 0 0 . . . 0 0 . . 0 0 . 0 . 0 . . 0 . . 0 . . . . 0 . . 0 . . . . 0 0 . . 0 . . . 0 . . . . . . 0 0 . 0 . . . . 11
.
22: Authority to Sign o. 0 . . . . . . . 0 . 0 . 0 . 0 . 0 0 0 . . 0 . . . . . . . 0 . 0 . 0 0 0 . 0 0 . 0 . 0 . 0 . . 0 0 0 . . . . . . . . . . 0 . 11
23. Addenda and Exhibits 0 0 0 . 0 . 0 . . ~ 0 0 . 0 . 0 0 0 . : 0 0 0 . 0 0 0 . . 0 0 . 0 0 0 . . 0 0 . 0 0 . 0 0 0 . 0 0 . 0 . . 0 . 0 0 . . . 11
GI.-365-2/86
ISU,
. ,
\ \ '.
GROUND LEASE
THIS LEASE 11 made and entered into this 19th day of February
19 88 , by and between WALBOYN DEVELOPMENT CORP.* (or its assi gns)
,
(the "Landlord"), of the City of
State of 1='1 OR TnA
1odlvldual, the marital status is
MCDONALD'S RESTAURANTS OF FLORIDA. INC.
F'I n~ T nA corporation (the "Tenant").
BOYNTON BEACH
, a 1='1 mnnA
,County of PALM BEACH
corporation, or it an
, and
','
a
*a Miami Corporation
1. PREMISES. Landlord, (or and in conslderation of the covenants contained in this Lease and
made on the part of Tenant, does hereby demise and lease unto Tenant, and Tenant does hereby lease from
Landlord, the parcel of land which is located in BOYNTON BEACH , County
of PALM BEACH , State of FLORIDA , having a (rontage of not
INITiAL s than 1 ~~ (eet on CONGRESS AVENUE , containing not less
&: DA. Io, I
1 , .600 ' square feet (not including roads or pubUc rights-at-way), being mare particuiarly
dbed in EJdllbit A, together with all of Landiord's easement rightS and appurtenances thereto, all
. ulJdJngs and improvements now located on the property, and all necessary easements and appurtenances
f.41( 10 Landlord's adjoining and adjacent'land, highways, roads, streets, ianes, whether public or private,
0" ~ reasonably required far the l~stallation, maintenance, operation and service of sewers, water, gas, drainage,
~c98ectricity and other utilities and for driveways and approaches to and from abutting highways, for the use
and benefit of the above described parcel o( real estate, including the improvements to be erected on the,
pr?perty (cC?lJectively referred to as "Demised Premises"). If Tenant has the Demised Premises surveyed,'
then, at Thnant's aptian, the parties shall execute a recordable amendment by which a survey description
shall be inserted in lieu at the description contained in Exhibit A, but Tenant shall not be obligated to lease
leas than is described above.
2. LEASE TERM. Tenant shall have and hold the Demised Premises for a 'term commencing on
the date at the last execution of this Lease and ending twenty (20) years from the date upon which the
McDonald's restaurant reterred to in this Lease is opened far business to the pubUc. When the term of this
Lease 11 ascertainable and specifically fixed, or otherwise agreed to by Landlord and Tenant, Landlord and
Thnant shall enter into a supplement, suitable for recording, which shall specify the actual date tar the
expiration at the original term of this Lease and tar the commencement of accrual at rent payable by Tenant.
I
3. RENT. Tenant's liability {or rent shall commence to accrue an the date when Tenant opens for
business., or within twentyone days after issuance of a certificate of occupancy or
'~1th1n 180 days after issuance of a building permit, which ever happens first.
Tenant, in consideration of the covenants made by Landlord, covenants and agrees to pay to Landlord
as rent 'for the Demised Premises the sum of see attached
Dollars (I ). per
annum payable In equal monthly installments of
I
Dollars ($ ) per month,
payable one" each on the 15th day of every caiendar month for the then current month. In the event that the
commencem~nt date of the rent shall be on .a_ day other than the first day of the month, the first rental
payment and'last rental payment, ifapplicablc,.shali.be adjusted for the proportionate fraction of the whole
month.
...
. .
4?
-=....DJ\v'. ·
Landlord's InJtials
1
Tenant's lnltials
. .
(iE,565-ZI86
15155 ~ .
: ,
",.'":>.~". ":-,.- "....~..
. ,
.
'0
...
.; .
......
,':
""
RENT ADDENDuM.'
RENT:
Lea... pronUses to pay to Lessor annual rent, in monthly installments, according to the following
lChedule:
A. From the rent commencement date until the end of the month following the end of the fifth
leue year (u defined below), the sum of $65.000. 00 per year payable in equJl
monthly installments of $ ;. 41 6 67
for the then current month.
B. From the first day of the month next following the commencement of the sixth leue
year until the end of the month following the end of the efghth lease year, the sum of
. 72,800.00 . per year payable in equal monthly installments of
, on the 15th of every calendar month
.
6.066.67
I on the 15th of every calendar month for the then current month.
c. From the first day of the month next following the commencement of the ni nth . lease
year until the end of the month following the end of thee 1 eventh lease year, the sum of
.
.
81,536..00
6,794.67
per year payable in equal monthly installments of
, on the 15th of every calendar month for the then current month.
D. From the first day of the month next following the commencement of thetwe'l vth: lease
year until the end fou~teeBth' 1 e~SIft1eYiJ\h of $ 91',320.00'
per year payable in equal monthly installments of $ 7 , 61 0 . 00
on the 16th of every calendar month for the then current month.
* For E & F see p'age attached. The first
The term IIlease year", as used above, shall mean a period of 12 consecutive months.~>>J(~
1~>>>>Xll~~~I1(<<~)(*<<~~<<c(6b'~X~>>P.MK~~k~~~~>>roJOiK~
~~XJ(l~)()OXI(~.x@:~)(<<>>>>~)(~J(X~Mf():<<<<>>J~)lJt~~~~XnJl~~Rm~mX
~>>ltd~~X~>>Q)(;>>.)(hXxt;$~>m))Jt):<<~~Jt1(~mgR~~X~K~~~RJU{'
i xt(to)1XXa:i>>>>Kt(~X)()(~~X~X~~i1#.X<<<<PXQ~~)Ix~~W:X>>~~~JII~<<~~>>Jflttx.XX
A1,/H lease xear shall begin on the date of rent commencement.
" 04 78 OPTION RENTS:
'8ii Lei'" exercises the options to extend provided for in this Lease, Lessee promises to pay to Lessor
annual rent, in monthly installments, according to the fo~owing schedule:
A. During the first 3 ....year option the lum of $ 128,855
per year payable in equal monthly installments of $ 1 n, 7~7 QI;
Ii
B. During the second 3 . year option the sum of $ 144.944
per year payable in equal monthly installments of $ '?, n7S 67
\
. C. During the third 3 year option the sum of $ 1 63 I 043
per year payable in equal monthly installments of $ 1 ~,;Rn Q?
. D. During the fourth 3 . year option the sum of S 183.401
per year payable in equal monthly inst~ents of $ 1 I; l2A3 42
. .
E. During the fifth 3 year option the sum of S ?nn I ~n1
per year payable in equal monthly iU~t~ents of $ 17,191.75
F. During the sixth 3 year option the sum of $ 232.061
. .
per year payable in equal monthly installments of $ 1 q, ~~A 4?
G. . During the seventh 3 year oQ1;'lPn the sum of 261,037
per year p~y~ble in equal rnOftWfy~nstallmaents of 21~753,08'
tI~ ..
MrD 11111
, .
. .
. .
~-'
CITY of
BOYNTON BEACH
~1
,...
,
.;.
,
,....,
I
~
..
..
;. ,"t..
-r --- '"T-_
~._-- ~
'-~~e:~~1E~i~~~~.~~";;'~- ,'~i~.t;l':' ,__'.. ,
.: :~;~~~-r:~' ~1~:' .
. .- ~-~~<~ .. .~:..!;{~'1i~.
Jif t' ..~
.' ~~..
- . ~~.~",,~--!.:." ~". i' . -'-:
200 N. Seacrest Blvd.
Post Office Box 310
Boynton Beach, FL 33435
(407) 738-7.490
OFFICE OF THE PLANNING DIRECTOR
,
I
.
August 25, 1988
Roland Yates, Construction Engineer
McDonald's Res~aurant
5200 Town Center Circ;e, *600
Boca Raton, FL 3343~
..
Re: McDonald's Restaurant-Revised CU
Our file *: 114
Dear Mr. Yates:
Please be advised that on Tuesday, August 16, 1988, the City
Commission approved the Conditional Use Application, Site Plarr~
and shared parking request referenced above, subject to staff
comments with the following exceptions:
1.
Comments in the Staff Report pertaining to
layout and design of the outparcel.
, .' .
Memorandum from the Publ~c Works D~rector.
2.
In addition to staff comments, copies of which are attached, the
commission is requiring that a Hold Harmless Agreement be
submitted to the Utilities Department for both the sewage air
relief valve and the proximity of the building to the existing
16-inch water and sewer mains.
Also, the Commission has included in its approval the CAB
approved landscape plans for the Congress Avenue Medians adjacent
to Catalina Centre.
After you have amended your plans ..to reflect the stipulations,
please have the appropriate Department Heads initial the attached
sign-off sheet, prior to your submission to the Building
Department for permits.
"
. 'Si,
..__..._-~ ------
IYJJ.1X 0 4 1988
Rent (continuedi:
E. From the first day of the month next following the commencement of
the 15th lease year until ~he end of the 17th lease year, the sum of $102,278
.
per year payable in equal monthly installments of $8,523.17 on the 15th
of every calendar month for the then current month.
F. From the first day of the month next following the commencement of.
the 18th lease year until the end of the~ lease~, the sum of $114,552
per year payable in equal monthly installments of $9,546 on the 15th of
every calendar month for the then current month.
* the end of the month following
H~ ..-'
'.
~
4. LANDLORD'S WARRANTIES AND COVENANTS: Landlord covenants, represents and war-
rants as follows:
assist lessee to obtain
A. Zoning: That Landlord shall, If necessary, use its best efforts to ^ (he approval of aU pubUc
. and governmental authorities as to all matters relating to zoning, subdivision, iot splits, dri ve thru permi t
or similar requirements for use of the Demised Premises as a McDonald's restaurant in accordance. with
'ICnant's plans and specifications as will permit Tenant to obtain all necessary permits, licenses and
approvals referred to in Article 6A below; and that Landlord shall pay and bear all costs for any off.site
improvements and dedicate any easements required by any public authority as ~condition to the granting of
any approval or permit. reasonab 1 e
B. Utilities: That all water and gas main~ electric power lines, sanitary and storm sewers are
located in a public right-of-way and within 3 feet of the property line o( the Demised
Premises and are available and adequate (or Tenant's intended use. If any o( the utilities are not located
within 30 feet of the property line or are not available and adequate, Landlord agrees to extend
utilities meeting"Tenant's specifications to the Demised Premises within thirty (30) days (rom the date that
'ICnant notifies Landlord that all necessary permits and approvals have been obtained and Tenant delivers its
plans and specifications (or the utilities tQ landlQrd~ 1 d 1 i h d 11 exis t ing signs
C. Demolition: That Landlord shal emo s an remove a
, encroachmentst if anYt located on the Demised Premises within thirty (30) days
~)(~~W~XRm~RJ9:~k~x~>>txm;(\I(mo:~~niX9(UX<<U~1(<<X!(<<~X>>X<<M!lttni
- \, . )fM~~MRM~~~>>K~~~~)$~~K~~IO~~_~)(~"it~OnttIX*Xt(x
tAR 0 4 19~~\I(~:fX\~W)(lO(:g(~~~~XXMlltx.x>XlXCC')4KKmc~))~MN~XX~~)$))nf;(tc)(C(~t(;:~~oext(
_l(n~x~~>>)::Qm(t4l(<<~~)$):':X~XX1X~/llJJl$I.)lWtKXK~>>):~~I'~~)()tl)
~<<~IO)OO(l(~~~K)nt)( ~~:i)X:4)(~$(1tt;'ltl.xt(<<Xf.ll~ct>>X ~K~IXt(<<c("~X~16)(cf ootY3()()(a(~a'r)y
~m~RR~~~~~~x~~~~~.xRm:f~~xj(~~J{l>>l(~<X~)("9tw.<M,
and
from*
D. Possession: That the Demised Premises are free and clear o( all tenancies, whether oral or
written, and that Tenant shall have sole and actual possession (rom the date of last execution of this Lease.
~.~XtiOO(~~~~>>n<<>>>>:4x~~Xi(:@)OOtXfiyaoo(JUu4rec~:txmm~>>>>).1
~~~~)f~JOOOOst~~~JffA'~<<m~:'}llXX~~~~~~9t~iX~J{l>>
lU(~WX"KJ(~~,,)m~~iX~X~X"lm~X~~XX1P;Qx\XW~~<<~<<Q(<<~l(Q(to<<<::'A1I(l(~~))):~
~~K;(Ml<~f< thI.: :tX~<<Q(~ ~~~))Xm~X~ XMllt)$>>Xt( ~~)tl(Q(}llMn}llN)CX~ ~)))(<<OC)OX :'HX)t1tl($( X
X~RM~>>~\I(~~XkK~~"llt~<<<<<<~~~"<<<<~~~}ll~XMK~~~>>X~~~~~
See Tax Addendum
~ \ P. Covenant of Title and Quiet Enjoyment: That Landlord is well seized of and has good title
the Demised Premises and all improvements located on it on the date of this Lease, (ree and clear of all
, .? Hens, ~ncumbrances, easements, tenancies and restrictions. Landlord warrants and will de (end the title
04 198&ereto, and will indemnify Tenant against any damage and expense which Tenant may suffer 'by reason of
any deiect in the title or description of the Demised PremlsesXk)(~<<~)11ijeOa>>wet~16X:ttgllXX<<X
~1C~ICX~Xt(t4~X~~<<<Wt)t~)e~~>>mKXi(16X~~Wtf;QXx.X<<~~:1C:tXot~~~Mit
~~~~mwm~4<~~i~~~xmIxIx~~m~~m~~~~~Jeec}(~Jtk~x~~~
)$)t~i(~X~XO<~ltj(lOO(tf~jCt~).1~~~>>~ Landlord shall provide 'ICnant with any and all non-
disturbance agreements, in form acceptable'tO Tenant, (rom any underlying lessor or holder of an encum-
brance.
-:y~-
~ \~j\~ *the date Tenant nntifies Landlord that all necessary permits and approvsls
have been obtained.
/,fAR -rJDI. JMif....
v't'",cSpmdlord's Initials'
2
It..d fU.b
GL-365.Z/86
15155
'.
. . -. . Land lord covenants-.and-agrees (i) that the property
G.Covenant Not To Compete: known as the Catalina Centre as shown on
Exhibit B now or hereafter owned, leased or controlled, directly or indirectly, by
Landlord or,ifx..ndlord is a corporation, any subsidiary of Landlord, sha 11 not be 1 eased, used or.
occupi ed as a I . XXXXXXxxxxRf<mpx~~~Rf<m~){99:fx9m~Kxm~M9(9(moc~~
~~~~~~~~~~~X~X~~~~~~~~~~~~~a~~~~'fII.~~~m~J(R9t~XX
d6H:Kjij(H~>>Yc*}f~~~~~i!cX:tlt)t}tX:>>16lOO(~a Wendy IS, Haedee IS., BurgerK i ng, Kentucky~ Fri ed
eating facility; and (U) that, if during the term o( this Lease, Landlord shall own or control any land other tha9 Chi eke n
the Demised Premises, which land Is adjacent or contiguous to the Demised Premises, or which constitutes
a parcel or parcels out o( which the Demised Premises are comprised, that any building(s) or other
Improvements constructed upon such other land shall be set back as requi red feet (rom the public
rights-of-way, provided however that the restriction set forth in this subparagraph (Ii) shall not be applicable
(a) with regard to existing improvements on land owned or controlled by Landlord as of the date o(
execution of this Lease, or (b) with regard to any improvements existing on land which subsequently comes
under Landlord's ownership or control on the date that Landlord acquires such ownership or control. It is
mutually agreed that the covenants set (orth in (i) and (li) above shall run with the land. Landlord agrees to
provide legal descriptions of all property involved and execute recordable documents, if required by
'ItIWlt, to effectuate the (oregoing. l<<~K~~lIl~oti(XlXXK~if~~~)t~)(X)6l6.}f~~~J:~HX
~;(\I(~<<<<X9(~~~~MmtXMM!ltl(O<~X~x<<~)(m~x~<<cXX<<<<X~)(IOM.~~>>xt(~lCli(XX
qOOUO~~~~R~X~kmK~m~\I(cA~MJ:JX~~)4)Q(.}(Mm~~)(~<<mQtX~~~~<<<<Q(~>>):"tJX9(X~!(XX
IWW~m~~J(J(i~~~~~~)f)t~k)(RJOOt~~m~~~){~m~)u{lx~~X
~X~#)("1n1~\It~x~~~:(m)(~XiXlX<<X~X~~IX}IOO(<Ml(~M<<0<<X~>>XIO.~XW1<~N~MX~~)( X
~~~xwt)(e{ac}f~<<<<MlrO:~~&l~~"**~~~:i~i(r~~XK~~~.xXW~XX
Jf~~XlX~<<mX~'x See 3A.
H. Tenant's Remedies: Landlord acknowledges that Tenant is relying upon the above covenants,
AR n L1 representations and warranties in executing this Lease and that matters so represented and warranted are
- 798j12terial ones. Landlord accordingly agrees that i( Landlord does not cure or diligently commence to cure a
default within ten (10) days after written notice (rom Tenant, any breach of warranty or misrepresentation
shall be grounds for Tenant to elect, at its option, to terminate this Lease or cure Landlord's defauit(sli:<<c%
~XJ(~~<<WK~JQ(~xk~>>){*~m~~X~>>){~~XJ{~>>>8(~M~Wm~~~XM\I(X~XX
~~~m~~~~~~~~m~K~K*~*mm~K~~~~*mfm~K~~~R~~ll~X~){~
;(K~~)m~\I(:0:"MH~~~*k~m:4XRm~XX1X*XK~~~9(~\I(~n(
5. TENANT'S COVENANTS: Tenant covenants and agrees, during the term o( this Lease and (or
such further time as Tenant, or any person claiming under it, shall hold the Demised Premises or any part
thereof:
A. Rent: To pay the reserved rent on the days and in the manner as provided in this Lease.
B. Liens and Encumbrances: Not to allow the estate of Landlord In the Demised Premises at any
time ~uring the term to become subject to any lien, charge or encumbrance whatsoever, and to indemnify
and keep indemnified Landlord against all such liens, charges and encumbrances. It is expressly agreed th~t
lCnant shall have no authority, expressed or implied, to create any lien, charge or encumbrance upon the
. . ." - .
estate of Landlord in the Demised Premises, -except as provided (or in this Lease. Tenant reserves the right to
bond over any such lien, charge or encumbrance.
3
if
Tenant's Initials
ll.J) .."
Landlord's Initials
GL.36HJ86
m53
G. (continued)
If one or both of these covenants be brokent one-half (1/2) of all
payments required to be made by Tenant under this Lease shall be abated for
so lon~ as such breach continues. The total sums thus abated shall be
liquidated damages for such breach. and not a penalty, the parties agreeing
that Tenant inevitably must sustain proximate and substanial damages from
such breacht but that it will be very difficult, if not impossiblet
to ascertain the amount of such damage. In addition to this remedYt Tenant
shall be entitled to injunctive and other appropriate relieft whether
under the provisions of this Lease or otherwise.
friAR 0 4 1988
3A
----------
C. Insurance and Indemnity: At Its own expense to insure and keep insured, (rom the date o(
actual possession, the building and Improvements constructed by Tenant on the Demised Premises against
loss or damage by fire and other casualties normally covered by standard fire and extended coverage
policies (or not less than ~ n e h ~gPle~~ ( 1 OO~ ~( their actual cash vaiue in responsible insurance companies
licensed in the state in which the Demised Premises are located. Subject to the terms o( this Lease, such
insurance is to be made payable in case o( ioss to Tenant,
Tenant shall also maintain and keep In force for the mutual benefit o( Landlord and Tenant general
public liabUitr insurance against claims (or personal injury, death or property damage occurring in, on or
about the Demised Premises (other than easements and common areas under the control o( Landlord) to
afford protection to the limit of not less than $1.000,000.00 with respect to bodily injury or death and to
property damage. Tenant shall deliver to Landlord, ~X~Tm,a certificate o( insurance and of any
renewals. Further said'insurance is'to provide that landlord is to be notified at
least 30 days prior to any cancellation by insurer.
Tenant (urther agrees to Indemnify, defend and save Landlord harmless from any liability, loss, cost,
expense or claim 'Of any nature resuiting from any damage to person or property arising out o( the failure o(
'ICnant, or 'ICnant's agents, employees, servants, licensees or contractors, in any respect, to keep the
Demised Premises (other than easements and common areas under the control o( Landlord) in a safe
condition or to comply with, and perform all oCthe requirements and provisions oCthis Lease. Landlo.r,!:! shall
give Tenant prompt notice of any obligations arising under this Lease and Tenant shall have the right to
defend, settle or otherwise compromise any such claim.
. '
D. Repairs: To keep the Demised Premises in a safe and good condition and repair, subject to
ordinary wear and tear and to Landlord's obligations herein, if any.
E. UtUities: To pay when due all charges (or all utility services used on the Demised Premises,
F. CompUance with LaWI To comply with all governmentai laws, rules and reguiations applica-
ble to the use, development or operation o( the Demised Premises.
6. RIGHT TO TERMINATE:
A. Permits: Tenant has entered into this Lease in the expectation o( obtaining, after expiration o(
all applicable appeal periods, all permits, licenses, permissions and/or other authorizations (collectively
called "permits") necessary for thi,t~9sJ~unction upon the Demised Premises of a complete McDonald's
restaUrant facility, including Tenant'~igns an% a special service window, built according to Tenant's plans
NITIAL and specifications ,as approved by Landlord as provided in the Addendum for Building
~ DATE
and Construction* and for the operation o( the facility upon the
. Demised Premises, seven (7) days a week. Tenant agrees to apply (or permits without unreasonable delay
after last eXecution of this Lease and Landlord agrees to execute'such documents, make such appearances
fiR 01 and do such other things as Tenant may reasonably request. Tenant or Landlord may (but shall not be
190abllgated to) cancel this Lease if, after first application, permits are denied or are not obtained within .one
hundred eighty( 180days. It Landlord eJ(.cts. ~o cancel this Lease as provided in this Article 6A, Tenant
shall have ten (10) days after receiving Landlord's written notice of cancellation to waive, in writing, the
permit contingency, If Tenant does not waive the permit contingency, this Lease will terminate and be of no
further (orce and effect, ten (10) days after Tenant's receipt o( the notice. In the event permi ts are not
obtained with one hundred eighty (180) days, tenant shall have the right to extend
for an additional sixty (60) days to obtain said permits providing that tenant has
used due diligence and is not in default under the lease~*IA tAe c~eAt TeAaAt waives
or extends, their reAt shall t~cR'commcRce aRd be a~e aRS ~~a91e as of the sate of
the date Te"~"t ~a~tes or extends ef wAicAoycr tAe~e ~~. ~~
Landlord's Initials 4 Tenant's Initials
*
L-36HI86 ~ v
15153
*including without limitation septic tanks and or sewer disposal
system in connection with the facility deemed necessary or
desirable by Tenant.
**In the event Tenant extends this datet Tenant shall pay Landlord the sum of
$5t4l6.67 per month for 2 months as consideration for the 60 day extension.
overing the date of recording of the Memorandum of Lease as provided in Article l7t
howing title to the De~ised Premises and app~~tenant easements in Landlord.
C. Survey. 'ICnant may order a current certified tOpographical survey by a licensed surveyor
,'.J within thirty (30) days (rom the last execution of thJ$ Lease.
;n" 0 4 1988 . '.,
B. Evidence of Title: Concurrent with execution of this, Landlorfd ~as
provided Tenant with a copy of its title insurance policy. Tenant is r~e t~
immediately obtain its own title insurance poli~y~lfJom~asJll~eai~~rl~~~~uch
company of its choice and at its own expensel'Vi'th111 '1'1'xt..en.~l.7JfJllay'8 xrom
the execution of this lease.* Tenant shall advise Landlord of any defects
disclosed by Tenant's title report that would affect Tenant's use and
enjo~~nt of tpe Fremisf'. Landlord shall have thirty (30) days therefrom
to, W~d ~~oh.~itc&n lJ<alilCi ltefects*~r t~l''I!li1\ate taia lease vita9\:lt-
It the survey discloses unsuitable or interfering easements, party wall agreements or encroachments,'
I
or that the location, area, dimensions and shape of the Demised Premises are not as represented by
Landlord, then 'ICnant shall have the right to terminate .this Lease and declare it null and void an-d of no
Asrthet force and effect within forty five (45) days from the date of the execution
of this lease. eta.rube. this right h ~~a:1Ved
. (30)
D. SoU Te.tI. This Lease is (urther contingent upon 'n:nant obtaining, within thirty days (rom
e date of.last execution ot this Lease, such boring and percolation tests as may be required to determine
the phyalca1 clw'acterlstlcs, including the water table of sub.strata, at the Demised Premises. It the reports
) f. A
. \, '* 1988lndJcare, in 'IC~t's sole Judgment, that the soU is contaminated or that the Demised Premises are
unaatlaf2ctOry for 'ICnant's intended use, Tenant may, at its option, declare this Lease to be null and void and
of no further force and efCect within forty five (45) days from the date of execution'
of the lease. Otherwise, this pre7isiea is ~aived.
we
~~K~~~Y~NY~~M~Y~Y~YYYYYYYYYYYYYYYYYYYYYYYYYYX
(IXiixXXXXYXXXXXXXXXXXXXXYXX~~llVMJII""HY~1YlfMy,yll~JftYN~Vt6YM~~
. .
i.:
** If such defects in titl~ are not so cured within thirty (30) dayst Tenant maYt
as its option, terminate this Lease.
if
.J
/,i;.
HJ-
Landlord', Initlals
5
'ICnant's Initials
ot,5&iM
1"55
F. Damage or Destruction: If the building on the Demised Premises shall be
damaged by fire or other casualty during the last five (5) years of the
original t~m of this Lease or during any extension of the term, to the extent
of 50~ or more of the actual cash value of the building, Tenant may, at
Tenant's option, to be evidenced by notice in writing given to Landlord within
thirty (30) days after the occurrence of such damage or destructiont elect to
terminate this Lease as of the date of the damage or destruction, whereupon
Tenant shall, upon Landlord's written requestt demolish and remove the damaged
or unusable improvements and fill, grade, pave or landscape the demised
premises in a safe and sightly manner and pay Landlordt in lump sum the
present value of remaining years left on the lease.
7. USE. ALTERATIONS AND TITLE TO IMPROVEMENTS: Tenant shall have the right
to use the premises for the operation of a Fast Food Restaurant or similar
restaurant so long as the leases between Marsha1ls' and Service Merchandise
and Landlord are in effect. Tenant shall thereafter have the right to use the
premises for a restaurant or any other lawful use that does not conflict with
a existing covenant between the Landlord and another Tenant in the Catalina
Centre. Tenant shall have the right to make alterations, additions and
improvements as are approved in writing by Landlord to the exterior of the
building. All of such alterationst additions and improvements constructed by
Tenant or such subtenant during the term of this Lease or any extension shall
be and remain the property of Tenant or any Subtenant. as the case may be at
all times during the term of this Lease and, any extensions or renewals.
Tenant and any subtenant shall have the right to remove any such alterationst
additions and improvements at any time during the term of this Lease or any
extension or renewal, and for a period of thirty (30) days after the
termination of this Lease, or any extension or renewal t by lapse of time or
otherwise and, for such purpose, to enter upon the Demised Premises. Howevert
Tenant shall not be required to remove any such alterationst additions or
improvements, and Tenant's failure to do so after the expiration of such
period of thirty (30) days shall be deemed to be an abandonment and_ the same
shall, at such time, be and become a part of the real estate with title
vesting in the owner of the land. In case of removal of any building by
Tenant or any subtenant occurring at or after the termination of this Lease,
Tenant shall level the area formerly occupied by any building so removed.
8. ASSIGNMENT AND SUBLETTING: Lessee may, without the consent of Lessort
sublease or assign this Lease to a ,wholly owned subsidiary or franchisee of
McDonald's Corporation. Lessee may not assign or sublease this lease to any
other party without the written consent of Lessor, which concent shall not be
unreasonably withheld. Lessee and all guarantors shall remain liable for the
payment of all rent and the performance of all terms, covenants and conditions
agreed to by Lessee regardless of assignment or sublet.
Any demand for increased rental or modification of the terms of the Lease by
Lessor as a condition to the granting of consent to an assignment or sublease
shall be deemed unreasonable.
Landlord's Initials
7483J
C;/'
./ ...,
Tenant's Initials
6
--'
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IXmKK~)(~l~n}(xr.0:16l(~K)()6X~~)(~j(lWd(~~**W'd<HJl:U}<)6X~K~
)C<<=~~t4XMX<<IOX~lJJ))))~X~MI'~~XK)(XlXcXl:(~Xct:4xet~~X~W~}d)lj(~~
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10. LANDLORD'S RIGHT OF RE-ENTRY: I( Tenant shall fail to pay any installments of rent
promptly on the day when they shall become due and payable, and shall continue in default for a period of
~il~,L. - ", twenty (29J"s after written notice by Landlord, or I( Tenant shall (all to promptiy keep and perform any
~"lllj other unrm..ive covenants of lh~., ~e7; llrJCtly In accordance with the terms of this l.e2se aQd sh2l1
, t irt 3D) .
.~ continue In default for a period of days after written notice by Landlord o( default and demand (or
performance, then, as often as any such event shall occur, Landlord may (a) declare the term ended, and
,enter into the Demised Premises and expel Tenant or any person occupying the same In or upon the
~ 04 1988 Demised Premises and repossess and enjoy the Demised Premises as in Landlord's (ormer estate; and/or (b)
re-Iet the Demised Premises, applying the rent from the new tenant on this Lease, and Tenant shall be
responsible Cor no more than the balance that may be due, should a balance exist: XK)(ttKt<<<~<<t(~~K)$
Lg~x<x~~m~~x~~~~t(X~~J:t4l(~~~K~KXt'(<<)oXW~MK~@)>>>>):X~t(t(:>>
~~xtxMM~~M~>>~~~~~)O~~tX)(~XX1>>xoo()(Wk~C6;(lX~~)lM~nt(mtX)O~>>XXX~<<<<iX>XOOf
, ,
dlt*x:(~;{m:fXl~~Xk~J~MI-m.X<<~~)Q~X\l(X~~):~JQ:\I(~tX1~~XIX<<K~~~~m~~
~~~~~~){"~~){k9{'1:9fm..~,,Jf~9t~~~"KmxJf\l(w~kx
;:i:TIAL
~ DATE
11. HOLDING OVER: If Tenant continues to occupy the Demised Premises after the last day o( the
term, or aCter the last day o( any extension of the term, and Landlord elects to accept rent thereafter, a
tenancy (rom month to month only shall be created, and not for any longer perlod'at a rental of
twice the monthly rent for the previous expired term.
12. CONDEMNATION: If the whole or any part of the Demised Premises is taken or condemned
by 2I1Y competent authority (or any public use or purpose during the term or any extension o( this Lease,
'ICnant reserves unto Itsel( the right to claim and prosecute Its claim in all appropriate courts and agencies for
an award or damages (or such taking based upon its leasehold interest lii~l&~~~~~Ai&ings t
al~erations ~nd improvements
:W~KRIUO~'~)f:XX~ without impairing any rights o( Landlord for the taking o( or Injury to the
~enion. Tenant shall have no claim against Landlord and shall not have any
(:;; '"\119afaim or right to any portion of the amount that may be awarded or paid to
a"lJ 1 ~~ .of the Demised Premises shall be taken or condemned which, in the sole Judgment of Tenant,
Is sufficient to render the remaining portior:' ~~~itable (or its continued use or occupancy, then Tenant may,
at any time, either prior to or within a period- o( sixty (60) days after the date when possession oC the
Demised Premises shall be required by the condemning authority, elect to terminate this Lease,
*Anything contained in this Lease to the contrary notwithstandingt if any default
shall occur other than in the payment of moneYt which cannot with due diligence be
cured within a period of thirty (30) ddayst and Tenantt prior to the expiration of
thirty (30) days from and after the giving of the noticet commences to eliminate
the c~use-of such defaultt then landlord shall not have the right to declare the
I~'- term ended by reason of such default.
MJ'., . .' ~,r Landlord's Initials 7
;iit~ZJ16
1,51 "
I"
'v
IHTIAL
!I: DATE
~
Tenant's Initials
..
...
option to purchasc the Demised Premises is conferred upon Tenant by any other provision of this Lease,
may as in alternative to such termination of this Lease, elect to purchase the Demised Premises in
accordance wl(h such purchase option, except that there shall be deducted from the purchase price to be
paid for the Demised Premises all of Landlord's award from the condemnation proceeding. In the event that
'ICnant shall f.ul to exercise any such option to terminate this Lease or to purchase the Demised Premises,
thcn and in elthcr such event, this Lease shall continue in effect with respect to the portion of the Demised
Premises not so taken, except that the annual rent payable shall be ,revi ewed for possi b 1 e adjustment
(not necessarily on a prorata basis) provided that the tenant demonstrates to the
Landlord that the condemnation has reduced the quantity and usefulness of tpe property
and has resulted in a reduction in the Tenant's income for the remainder of the term. '
Tello.nt will, with all due diligence andc:at its, own cost-and expense, repair and
restore the Demised Premises.
13. OPTION TO EXTEND: Landlord grants to Tenant the right, privilege and option to extend
this Leue for St"nl 7 ) successive periods of
THREE .. 3 ) years each, upon the same terms and condi.
tfons-contained in this Lea$e, upon ootl$:eJn writing to Landlord of Tenant's intention to exercise each such
one nunared e1Qllty
option, given at least 1 SO I days pribr to the expiration of the term or preceding extension of the term,
l<~m~JJX~mmfi~~"~~.M~K~~;{tn(x~~mmm~~~~x~w
~~cOO<~~Hi'o<~~m)fltle(~~~)t)t~)(H*W:o:om)$~/It)etlf~~~XX
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~MXJ(~~}(I6)@Kilta(<<lt):otM;:IC~~X<<O<~l(~~X~MX<<~)4~l():X((ootl(~;(lOlI!te:I$X
~~"J("~~xR~m)f~~R*Jtx>~m~fO{m}(w~RJ(~~~~~;(~~~~X
~~~HH~~X~~~>>lfX~~l(<<<<~~~XK~M~~~X~~~))KXX~~KX~~~Kl(<<Xl>>X~~XOCl~X
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*d~~((c:4)oo(~~<<<<<<<<X~:9~X1(~J:~~J4XJ(~~~~~Xh<<:~~J(KX~Xm~~~~~x
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lX~m:'I~J(~~m~wx~'n~~~~M*X~~~*X~m~;f~a~~~~x
~Jlm~)l~'Xl1~~<<~mm<~J<JlUX~mmX~~X~,,~~g~~m~~){~~~~~~~X'X
~t(t(~IOJ:;$))~~~~kX'~mt(~~~~~K~~Jt:~,.;(.,,,,~)g(Jfm~~KhXim1XWk~J{<<
~~WX",;~~~~~~:a:~~XD:o<<<~t~m~x~~m~ml{~XX1X
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Landlord's Initials
8
Tenant's Initials
0L-365-2116
I''''
.' .
II the lAIR. ,'lee and SR ik. same terms IG II'l)"O\teh elfer,
~.
YP'<<YV'~m'RM~lfH'lfyMtYo'IW~,YlY1rrl'Al:llQ6fYll'llCiJ1&~lJJi"~UI~it~
~,
..
,.
I}{ITIAL l' . 16. TRADE FIXTURES, MACHINERY AND EQUIPMENT. Landlord agrees that all trade fix.
"- 'D\TE i cures, machinery, equipment, furniture or other personal property of whatever kind and nature kept or
ill w~d m me Dem~d Premises by lenanl* :~ :: ~: 'E~E~ : :~: ::aRt dud_g
.:~'.::::.:f,:~:.~:'::,::~=~d::.T;:::t:_~: Rat i; aefaul: a:d t:e p.ap..ty .a.
qR 04 1988 Upon request of Tenant or Tenant's assignees or any subtenant, Landlord shall
execute and deliver any real estate consent or waiver forms submitted by any vendors, lessors, chattel
mortgagees or holders or owners of any trade fixtures, machinery, equipment, f4rniture or other personal
property of any kind and description kept or installed in the Demised Premises by any subtenant setting
torth the fact that Landlord waives, in favor of such vendors, lessors, chattel mortgagees or any holders or
o~~, any Uen, claim, interest or other right superior to that of such vendors, lessors, chattel mortgagees,
oWners or holders~'\1'la may bs r&lIle....ea' BY Tenant or TC1'I.ant' C '..enaera, lC8~8,
mgrtS&S88.. 8tQ. Qur1Rg the term of the leas. provided Te~~
acfault.aBa the p%eperty ean Be removes without samaging the premises or
any buildiBI taC%&8n.
IITIAL
= DATE
J
. ....
11;\ i~ 4 1988"
UTlAi.""\
~ DATE
17. RECORDING. Tenant and Land~~rd.~gree to execute and record a short form or memorandum
of thJsLease as soon as Tenant has obtained an approved survey and legal description of the Demised
*or Tenant's subtenants shall not become the property of Landlord or a part of the
~~alty no matter how affixed to the Demised Premises and may be removed by
Tenant or Tenant's subtenantst in their discretiont at any time and from time to
time during the entire term of this Lease and any renewals.
'"
I '
I J
~
**
See Page 9A.
~--
:!I.(i.,-Landlord's Inltials
. ......"
. ,Ill J. .
9
Tenant's Initials
01".56,.2116
IS'" .
16. (Continued)
Landlord Ihall further acknowledge that property covered by such consent
or waiver form. ilpersonal property and is not to become a part of the
realty no matter how affixed <<a itt and that such property may be removed
from the Demised Premises by the vendorst lessorst chattel mortgagees,
owner. or holders at any time upon default by the subtenant in the terms
of such chattel mortgage or other similar documents, free and clear of
any clai. or lien of Landlord. Tenant agrees to promptly repair any
damage done to the building by removal of these items.
9A
-- -- -----
~ -.
, .
Premises including appurtenant easements, if any. The cost of all documentary
stamps or conveyancing. transfer tax and recording fees shall be paid equally
,by the parties.
18. SUBORDINATION: The parties agree that they will, upon written
demand by each other execute such instruments as may be required at any
tlme and from time to time to subordinate their respective rights and
interests by virtue of this lease to the lien of a first mortgage, mortgages,
trust deed or deeds. now or hereafter at any time placed by the landlord on
the real estate and by the Tenant on the building. See Page lOA.
19. MISCELLANEOUS PROVISIONS.
. .
A. 1nl'alld1ty. If any term or provision of ihis Lease or the appUcation to any person or circum.
stance .hall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of
such term or provIsion t~ persons whose circumstances other than those as to whIch it is held l~wlId or
uneritorceable, shall not be affected thereby.
B. Successor., etc.. The terms, conditions and covenants of thIs Lease shall be bindIng upon
and .hall inure to the benefit o( each of the parties, their heirs, personal representatIves, successors or
assigns, I:Od shall run with the land; an~ where more than one party shall be lessors under this Lease, the
word "Landlord" whenever used In this Lease shall be deemed to include all lessors Jointly and severally.
c., Wridnaa No waivers, alterations or modIfications of this Lease or any agreements in connec-
don with this Lease shall be valid unless in writing duly executed by both Landlord and 'ICnant.
O. Couuuct1on. The captions appearing in this Lease are inserted only as a matter of convene
ience lAd in no way define, limit, construe or describe the scope or intent of such paragraphs of this Lease
or.in any way affect this Lease. Any gender used shall be deemed to refer to any other gender more
grammadcally appUcable to the party to whom such use of gender relates. The use of singular shall be
deemed to include the plural and, conversely, the plural shall be deemed to include the sipgular.
~\ B. Notice. If, at any time after the execution of this Lease, it shall become necessary or convene
ient (or one.ofthe parties to serve any notice, demand or communication upon the other party, such notict.,
demand or communication shall be in writIng, signed by the party serving the same, sent by registered or
cerdtled United States mall, return receIpt requested, postage prepaid and (a) if Intended for Landlord, shall
be addressed to:
WALBOYN DEVELOPMENT CORP.
8132 GLADES ROAD
BOCA RATON. FLORIDA,.. 33434,
ATTORNEY' RICHARD CRITCHFIELD
81S0 GLADES ROAD
BOCA RATON. FLORIDA 33434'.
~ \I'~-
Landlord',lnltlals
10
Jf
.
'ICnant's Initials
I
Gw&2J16
IS1SS
18 (continued)
Landlord agrees to provide Tenant with any Non-Disturbance Agreements deemed
neces.ary by Tenant, covering any lenders or underlying fee owners. Such
Non-Disturbance Agreements will provide that so long as tenant is not in
default under this Lease. Tenant shall not be disturbed in its peaceful
enjoymaot of the demised premises pursuant to the terms of this Lease.
Tenant agrees to subordinate its leasehold estate to future mortgages or
encumbrances only on the condition that the instruments creating such
mortgagea or encumbrances contain an apt provision recognizing the
existence of this Lease and agreeing that this Lease shall not be terminated
or otherwise affected in the event of a foreclosuret sale or default under
such mortgages or encumbrances.
~.
01~~
lOA
"
md (b) It Intended (or 'Itnant, shall be addressed to:
.
McDonald's Plaza
Oak Brook, Ullnols 60521
Attn: Director. Real Estate Legal Department
or to .uch other address as either party may have furnished to the other in writing as a place for the service
ofnottce..Any notice so mailed shall be deemed to have been given as of the time It Is deposited In the United
SCltCI mall.
20. RULE AGAINST PERPETUITIES: If this Lease has not been previously terminated pursuant
to thc terms and provisions contained herein and i( the term o( this Lease and/or the commencement date
tor rent hcreunder shall not have been ascertained within five (5) years from the date appearing on Page I of
lhJa Lease, thcn and in that event, this Lease shall thereupon b~come null and void and have no further force
md effcct whatsoever in law or equity. .
...
21. CONFLICT OP INTERESTS: Landlord and (if Landlord Is not an indiVidual) the party(ies)
~CUtlnl this Lease (or or on behalf o( Landlord, or as a representative of Landlord, hereby represent that,
to thc best of hislherl their knowledge, he/she/they, or any person connected directly or indirecfly with
LancUord Is/are not (art) ageru(s), employee(s), servant(s), suppller(s), lIcensee(s) or officer(s) of Ten~t or any
subIJdlary, affiliate or parent corporation thereof, or related to any agent, employee, servant, supplier,
. .Uccnacc or officer of Tenant or any subsidlary, affiliate or parent corporation. The parties executing this
Lease'acknowledge that the foregoing representations are and shall be relied upon by Tenant as inducement
to enter Into this Lease.
22. AUTHORITY TO SIGN. No employee or agent of 'Itnant or 'ICnant's broker, if any, has
a~thority to make a lease or any other war~nty~ representation, agreement or undertaking. The submission
oflh1s document for examination and negotiation does not constitute an offer to lease or a reservation of or
option tor the Demised Premises, and this document wlll become effective and binding only upon
execution and delivery by Landlord and an ~uthorized officer of Tenant. All negotiations, consideC2tions,
,rep~ntIt1ons and understandings between the parties are incorporated in this document and may be
modlfted or altered only by agreement in writing between the parties, and no act or omission of any
employee o~ agent of the parties or any broker, if any, shall alter, change or modify any of the provisions of
lhJa Lease.
,1\ ~3. ADDENDA AND EXHIBITS: This Lease includes the following Rider(s) and/or Exhibits,
which .hall take precedence over conlUcting provisions (If any) of this Lease, and are made an integr:tl part
ot this Lease and fully Incorpor:ued by reference:
Exhibit A (Legal Description)
q
A{
Tenant's Initials
-
1ht1-
Landlord's Initials
OLoJ6So3J16
1tIS5
" J.ANDLORD AND TENANT, by their execution below, indicate their COrlSCnt to the term5 of this
LcaIe.
LAN~ l/ALBOYN
.. ,(;vL-
DEVELOPMENT CORP.
v((
(seal)
(seal)
(seal)
DATE OF
, EXECUTION:
2/jq\9d
,
Landlord's Federall.D. 1
'or Social Security I:
TENANT: M DONALD'S RE S,/URANTS OF FLORI~A t
By: 6-1 0~
Vice President
INC.
t..
DATE OF
EXECUTION:
\
(-r '.
;[ lccl ~ri f 'I
/f~
.- L~
- 'i (--.
(ATTACH ACKNOWLEDGMENT CERTIFICATES BY A NOTARY PUBLIC)
,\ ,
"
O..."'5-3J16
.,"S
12
.:,.,.. I....':.t
"
.
.
EXHIBIT "A"
.
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LEGAL DESCRIPTION
(INSTRUCTIONS: Use deed legal description, It available, and skelch. All easements to be reserved or
panted by Landlord must :also be described. Iflot and block numbers are used. a subdivision map or sketch
mUlt be attached.)
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The above described pro~ny is aU or pan ot the property conveyed to Landlord by
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McDONALD'S
ACKNOWLEDGMENT
I
ITATI O',ILLlNOI5
COUNTY 0' DuPAGB 55:
Deborah Connors
, a No~ry Publlc in and tor the county
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IAdICltC atorcaa1d, DO HEREBY CERTIFY ehae Seymour Greenman
Vlcc-Pra1dcnt, and Michae 1 J. She , Assistant Secretary of
McDonald', Corpondon, a Delaware corporatJon, who arc petlonally known to me to be the same persons whose
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~ lie IUbIcrlbed to the toregoing fNtrument as such VJce-President and Assistant Secretary, rcspectivel}', appcarcd
bcIore me th!I.cSay in person and acknowledged that they signed, sealed and deUvered the $ald InStrument, ,as their (ree
lAd vo1uAtiry Ice as such Vice-President and A.ssistant Secretary, respectively, and as the free and volun~ry act o( said
c:orporadon tor the uaes and purpose. ther.eln set forth. .
Given under my hand and notarlal seal, this 4 t h
March 88
day 1. ,.,19
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Notary PubUc
My eom~,..lon expires
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1/27/91
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ACKNOWLEDGMENT · INDMDUAL
C;-;-ICi':'l S:".l ;J
DEBORAH CONNORS I
NO" ARV PUBl.1C 91 ATE Of, Illlt,'::lIS
C~~;:"!I::SIO:! tIP J.\N?;.~991
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COUNTYOP
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lAd .tate atorca1d, 00 HEREBY CERTIFY that
and
, a Notary PubUc in and tor the county
of
who (is)(are) personally known to me to
be cbe amc pcnon(.) whose name(.) (is)(are) subacrlbed to the (oresolng fNtrument appeared before me this day in
pcrIOA and acknowledged that ( he)(they) .lgned, sealed and dcUvered the sald instrument as (h Xthcir) free
and TOluAtiry' act (or the use. and purposes therein see forth.
Given under my hand and notarlal seal, this
day o(
,19
Notary Public
My commlulon cxplr~s
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ACKNOWLEDGMENT. CORPORATE
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STATB OP
COUNTY OP
55:
, a Notary Public in and for the county
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and RUe atori:Ia1d, 00 HEREBY CERTIFY that
PraldeaC,- ~
, Secretary of '
, ,a(n) corporation,
wbo are pctIOIWIy known to me to be. me persons whose names are lubscrlbed iC)' the' foregoing fNuument as such
PraIdem tds,""taty! respectively, appeared before me this day in person and acknowledged that they signed, sealed
and ~thc IIld instrument as their tree and voluntary ace as such Presidene and Secretary. respectively, and as the
frco lAd m.aaal')' ,ace ot sald corporation (or the uses and purposes therein lee tanh.
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GllcD UDder my h2nd,and notarial seal, this
day ot
,19
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NOtary PubUc
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'TAX ADDENDUM
WAI~~~ I~~~o'ffl,p~N~l{~ TO A LEASE dated(Les;o~t~~YMtgoNIE~~s RESf~~~::rs
nt' t'lnOTnl1. T~.r (Lessee).
1.' Ezeept u provided in. Paragraph 5 below, 'Lellee .hall pay prom~t1y and before they
beeom, de1h1quent all . ~. ..,.~., . ".' : 0 ...:.;. taxes imposed at any time dunng the term or any
~tfOD of thlI Lease~ upon or against the Demised Premises, including the land and all
buBdh,p, 'furniture, fixtures, equipment and improvement. now or later located on the
property,lawfully assessed either in the name of the Lelsor, fee owner or Lessee. For purposes ,-
Of tblI 'lU Addendum only, the term "Demised Premises'! ,hall not be deemed to include any
tllCleut areas. Lessee's nhU~ation to pay taxes shall com:mence to accrue on theroent
~OIIIIlencement, .date~, in' ,ac:eordance:iwittl paragr~p'ht;~"8f::pg.:'" F of.': 1 ease~'"
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, 2. Lessor 8hall use its best efforts to obtain from the t~g authorities a separate
.....lID8Dt for the land and buildings comprising the Demised Premises. If such separate
1I...lmlDt Ihall be obtained, the real estate taxes payable by Lessee .hall be paid by Less'ee '
dfrtctly to the tuing authority. Lessor agrees to give Lessee prompt notice of a separate
li...lmtDt to allow Lessee to avoid penalties. If LessOr shall b. unable to obtain such
lIj)_arate us~ent, and the tax.bill covering the Demised Premises shall include property in
addltioD to the Demised Premises, Lessee shall pay a fraction of .the tax bill to Lessor
eaJ=1ated In ~ following manner: (A) in the case of land, If there is no 8eparate assessment
for the lIDd comprising the Demised Premises, the numerator of the fraction shall be the land
area ot the Dem!sed Premises, and the denominator of the fraction shall be the total land area
. of the prpperty. covered by the tax bill; (B) in the case of bulld1ngs, if there is no sepatlte
".UlmlDt for the building(s) on the Demised Premises, the numerator' of the fraction shall be
the area ot the building(s) on the Demised Premises, and the denominator of the fraction shall
be.the.total arel of all buildings located on the property covered by the tax bill. Lessee shall
pay 1tl1har. within forty.five (45) days after Lessor notifi81 Lessee of the amount thereof and
fuiDJlh..Lessee with a copy of the receipted tax bill and the calculations by which Lessee's
ahare hu been determined. Lessor shall pay the tax bill when due, In no event shall Lessee be
Uable for interest or penalties. In the event Lessee, for any reason except the fault of Lessee,
pay. . penalty, Lessee shall be entitled to deduct'the amount from subsequent rental pay.
menta.
,8. A prorata adjustment shall be made with respect to the commencement and ending of
Le....'. tax liability if the commencement or ending of Lessee', liability does not coincide
with the tax year.
4. Les... shall have the right, in its own name or in the nam~ of Lessor, to make and
pl'OIICUte'appl!cation(s) for abatement of taxes or appeals for correction of assessments, and
~ IIfNI to cooperate fully with Lessee in this J'egard. Lessor &g1'ees to sign all necessary
m.trwDeDtI in connection with such application or appeal and. in addition, h~eby appoints
Le....ltl.,ent-in.fact for purposes of such signature, which shall be an agency coupled with
ID mterelt. Lessor shall not settle any such application or appeal without Lessee's prior
written approval in each instance.
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6,,' Notwithstanding anything contained in this Lease, Lessee shall not. be under obllga.
tioD ~ 11&1 any part of any franchise, excise, estate, inheritance, income or similar tax which is
or may become payable by Lessor or which may be imposed against Lessor or against the
, I'tDtI p~able under the Lease or upon the income or profits of Lessor by reason of any law
now hi force or later enacted.
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Lessee's Initials
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T.WI86
UIDII'MI "
SHOPPING CENTER LEASE ADDENDUM
THIS ADDENDUM is attached to an forms a part of that certain Lease Dated
February 19. 1988 by and between WALBOYN DEVELOPMENT CORPORATION as LESSOR.
and McDONALD'S RESTAURANTS OF FLORIDAt INC. as LESSEE.
11
1. DESCRIPTION OF PROPERTY
A. Lessor hereby leases to Lessee a portion of the real property in
the City of BOYNTON BEACHt County of PALM BEACH, State of FLORIDA
described in Exhibit B. attached hereto. hereinafter referred to
as the "Shopping Center".
B. A portion of the above Shopping Center includes the site for
McDonald's Restaurant (hereinaftert with the following described
easements, referred to as the "demised premises") to be erected by
AS PER ATTACHED, having a width of
and running a depth of t located as
shown on the plan/survey of the Shopping Center
dated , attached hereto and made a part hereof
as Exhibit A. The exact legal description of the demised premises
based upon the certified survey provided in accordance with
Article 6C. shall be Incorporated herein by Amendment.
2. EASEMENTS
A. Lessor hereby grants to Lessee a nonexclusive easement to use all
of those portions of the Shopping Center designated as common
areas. parKing areas and driveways on Exhibit B during the entire
term of this Lease and any extension thereof for the benefit of
the Lessee, its invitees. licenseest assigns, subtenants. and
patrons, in common with all other tenants of the Shopping Center.
Lessor agrees to maintain the parking area, common areas and
drives. and the parking areas. common areas and drives. located
within 100 feet of the McDonald's Restaurant site shall not be
changed without Lessee's consent, which consent shall not be
unreasonably withheld or delayed, as shown on Exhibit At Lessee
may erect curbs and install landscaping in order to define the
demised premises and the Shopping Center as approved by Landlord
from time to time.
B. Lessor hereby grants to Lessee non-exclusive easements to use
portions of the Shopping Center as may reasonably be required now
or in the future by the Lessee for the installation. maintenance
and repair of sewert water, gas, electric utilities and related
facilities and storm water drainage. If any of the aformentioned
utilities are supplied. install or otherwise controlled by the
Lessort Lessor grants Lessee, its successors and assigns. the
right to use coupled with its easement said utilities and related
facilities; and Lessor covenants and agrees to maintain the
utility lines in good condition and repair for the Lessee.
C. Access to the Premises is as shown on Exhibit liB" and any changes
that are made by Landlord as may be required by the City or other
governmental agency or needed to be made for safety or for other
improvements shall not be such' as to interfere with or inhibit the
normal flow of traffic to the Premises. However. the parKing
areas. common areas and drives located within 100 feet of the
McDonald's restaurant,site shall not be changed without Lessee's
consent. which consent shali IIU~ ;,.~ \J1lreasonab1y withheld or
delayed. --
7483J
The title Insurance requirements contained in the lease shall
apply to the aformentioned easements, and Lessor and Lessee agree
to cooperate to obtain non-disturbance agreements, consentst
waivers and other agreements from lienholders, mortgages, tenants
and any other party with superior rights that might interfere with
the rights, duties and obligations contemplated by this addendum.
3 . LOT LIGHTS
D.
.
Lessor agrees that the lot lights located within 100 feet of the
demised premises shall be lit during the morning and evening hours
while the Lessee's business is open, as natural light availability
dictates. Lessee shall have the right to approve any changes or
alterations to the lot lights located within 100 feet of the demised
premises during the term of this lease.
4. MAINTENANCE OF PARKING AND CCM<<>N AREAS
A. During the entire term of this Lease and any extension thereoft
Lessor shall maintain and repair the entire parking and common
areas shown on Exhibit B. This obligat10n on the part of the
Lessor to maintain said parking and common areas in good condition
and repair shall, without limiting the generality thereoft include
the following:
(a) Maintaining the surfaces in a level, smooth and evenly
covered condition with the type of surfacing material originally
installed or of similar qualitYt use and durability;
(b) Removing all papers, debris, snow, icet f11th and refuse and
thoroughly sweeping the areas to the extent reasonably necessary to
keep said areas in a neat, clean and orderly condition;
(c) Placing, keeping in repair, and replacing any necessary
appropriatedirect1on signs, markers and lines; and operatingt keeping
in repair and replacing when necessary such artificial lighting
facilities as shall be reasonably required;
(d) Maintaining any perimeter walls in a good condition and state
of repair;
(e) Maintaining all landscaped areas, making such replacements of
shrubs and other landscaping as is necessary, and keeping said areas
at all times adequately weededt fertilized and watered.
7483J
!NIw]
,~ D
MAR 0 4 1981}
2
5. Should Landlord fail to make the election provided for in the preceding
subsection, Tenant shall indemnify Landlord for the loss of rent by a
payment at the end of each month during the Lease Term representing the
difference between the rent which would have been paid in accordance with
this Le~se and the rent actually derived from the Leased Premises by Landlord
for such month.
6. Any obligation imposed by,law upon Landlord to relet the premises
shall be subject to the reasonable requirements of Landlord to operate
the Shopping Center in a harmonious manner as a first-class shopping c~nter.
7. Nothing herein contained shall limit or prejudice the right of Landlord
to prove for and obtain in a proceeding for bankruptcy, insolvency, arrange-
ment, or reorganizationt by reason of the termination, an amount equal
to the maximum allowed by any statute or rule of law in effect at the
time when, and governing any proceedings in which, the damages are to
be proved, whether or not the amount be greater, equal to, or less than
the amount of the loss or damage which Landlord has suffered.
8. It is mutua Hy--agl"eed by and be-twee
respective parties hereto shall and they hereby do waive trial
in any action, proceeding or counterclaim brought by eith
hereto against the other on any matters whatsoever . ng out of or in
any way connected with this Lease, the relati p of Landlord and Tenant,
Tenant's use or occupancy of the Leased lses, and/or any claim of
injury or damage, and any emergenc atutory or any other statuatory
remedy. Should ,Landlord see course to equity to enforce any of its
rights under thts Leas enant agrees to waive any defense which it might
otherwise have t and10rd has an adequate remedy at law. Tenant further
agrees that" shall not interpose any counterclaim or setoff in a summary
proce . g or in any action based, in whole or in part, on non-payment
9. Land10rd-;nay, but shall nO~f;,flb,lj.,gpjl:3t% to, cure, at any time, without
notice, .any default by Tenan~aunaer tn;steasei and whenever Landlord*
so elects, all costs and expenses incurred by Landlord*in curing a defau1tt
including, without limitation, reasonable attorney's fees, together with
interest on the amount of costs and expenses so i~~urrpd ~ ~ae maximum
rate permitted by law, shall be paid by Tenantl~ t<a~d1'bV-O*?m demand,
and shall be recoverable, as aaaitioRal riRt, by Landlord,' and as a deduction
from rent due by Tenant.
10. No failure by Landlord to insist upon the strict performance of any
covenant, agreement, term or condition of this Lease or to exercise any
right or remedy consequent upon a breach thereof, and no acceptance of
full or partial rent during the continuance of any such breach, shall
constitute a waiver of any such breach or of such covenant, agreement,
term or condition. No consent or waiver, express or implied, by Landlord
to or of any breach of any covenant, condition or duty of Tenant shall
.be construed as a consent or waiver to or of any other breach of the same
or any other covenant, condition or dutYt unless in writing signed by
Landlord.
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'8
DEFAULT ADDENDUM
THIS IS AN ADDENDUM TO A LEASE dated February 19. 1988 between HALGOYN
DEVELOPMENT CORPORATION (Lessor) and MCDONALD'S RESTAURANTS OF FLORIDA. INC.
(Lessee).
1. If Li6see is adjudicated a bankrupt. or if Lessee makes a general
assignment for the benefit of creditorst ort if in any proceedings based upon
the insolvency of Lessee. a receiver of all the property of Lessee is
appointed and not discharged within ninety (90) days after appointment. then
Lessor may terminate this lease by giving notice to Lessee of its intention to
dQ so. Howevert neither bankruptcy, insolvency. an assignment for the benefit
or creditors nor the appOintment of a receiver shall affect this lease or
permit its termination if Lessee (or someone claiming under Lessee) performs
all of its covenants in this lease.
2. This Lease is upon the condition that if Tenant shall neglect or fail to
perform or observe any of Tenant's convenants and if such neglect or failure
shall continue after written noticet in the case of rent for more than twenty
(20) days. or in any other case for more than thirty (30) days; or if the
leasehold hereby created shall be taken on execution or by other process of
law. thent and in any of said cases. Landlord lawfully may. immediately or at
any time thereafter and without demand or further notice, enter upon the
Leased Premises or any part thereof in the name of the whole and repossess the
same as of Landlord's former estatet and expel (forcibly if necessary) Tenant
and those claiming through or under Tenant without prejudice to any remedies
which Landlord might otherwise have for arrears of rent or for a prior breach
of the provisions of this Lease. and upon such entry this Lease shall
terminate. In case of such terminationt Tenant shall indemnify Landlord
against all expenses or loss of rent (which shall be deemed for the purposes
of this Section to include the payments arising out of such termination of
this Lease).
3. Items of expense for which Tenant shall indemnify Landlord shaTl include,
but not be limited to, all costs incurred in collecting amounts ,due from
Tenant under this Lease (including attorney's fees, costs of litigation and
the like); all amounts to which Landlord is entitled; all reasonable costs
incurred by Landlord in attempting to relet the Leased Premises (including
advertisementst remodelingt tenant's allowances and the like but not the
refixturing of the Demised Premises) and all Landlord's other reasonable
expenditures necessitated by the termination. Tenant's indemnification shall
be due and payable immediately upon notice from Landlord that an expense has
been incurred. without regard to whether the expense was incurred before or
after the termination of this Lease.
4. Landlord may elect by written notice to Tenant within sixty (60) days
following such termination to bl indemnified for loss of rent by a lump sum
payment representing the difference between the amount of rent which would
have been paid in accordance with this lease for the remainder of the Lease
Term and the fair rental value of the Leased Premises for the remainder of the
Lease Term. estimated as of the date of termination. (For the purposes of
this lump sum payment, calculation only, the amount of rent that would have
been paid in accordance with the Lease for the remainder of the Lease Term
shall be the product of all rent paid or payable for the Lease Year
immediately preceding the Lease Year in which the Lease is terminated
multiplied by the number of full and fractional years from the date of
termination through the normal expiration 'of the Lease Term.) Should the
parties fail to reach an agreement in writing as to the fair market value of
< 'the demised premises at the end of the regular term. the fair market value of
the land shall be estimated by two qualified MAlar SREA real estate
appraisers with experience.in .appraising leasehold interes~;, ~..~ ~~ be
appoi nted and compensated ",by T.enant and the other to be appoi nted and
compensated by LandlOrd. Landlord and Tenant shall appoint their appraisers
within 15 days of the end of the primary term of the Lease. 1ft within 30
days from their appointmentt the two appraisers can agree to an appraisal of
value not differing by more than 15~. then an average of the two appraisals
shall be used for the fair market value of the land. If the two appraisals
differ by more than 15~. then the two appraisers shall appoint a third
appraiser chosen from a list of three appraisers designated by the National
Headquarters of the American Institute of Real Estate Appraisers. The three
IU r'lIAL
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appraisers so appointed shall then, within 30 days from the date the third
appraiser is appointed, estimate the fair market value of the land. The
decisions of the appraiserst or a majority of them, shall be binding upon the
parties. If the appraisers, or a majority of them, cannot agree on the fair
market value of the land, the fair market value shall be determined by adding
all three estimates of fair market value and dividing the total of all three
estimates by the number three. The fee of the third appraiser shall be split
equally by Landlord and Tenant.
The land value shall be established based upon a definition of fair market
value as the price which an average well-informed Buyer will pay and an
average well-informed Seller will accept, knowing all of the uses to which the
property can be put, without duress on either party.
The standard market data approach technique for valuing vacant land shall be
used by the appraisers. All comparable sales shall be appropriately adjusted.
and the written reports shall indicate the reasons for the adjustments so
made. In the event that adequate comparable sales are not available, then a
land residual techniquet as defined by the American Institute of Real Estate
Appraisers, shall be used. The real estate income component used in the
residual technique shall be the economic rental for hypotheticated
improvements, but in no event shall any business income be considered in the
analysis. If, at the end of the Lease Termt the total of: (a) the rent which
Landlord has actually received from the Lease Premises plus (b) the lump sum
payment is less than the rent which would have been paid in accordance with
this Lease, Tenant shall thereupon further pay Landlord the amount of such
difference.
7483J
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COMMON AREA ADDENDUM
COMMON AREAS, THEIR USE AND CHARGES
\
1. CommGn Areas. Landlord shall make available (or cause to be made
available) from time to time such "common areas" (including but not limited to
parking areas, drivewayst truckways, delivery passages, truck-loading areas,
access and egress roads. walkwayst foot bridges, landscaped and planted areas
and pUblic rest rooms) as Landlord shall deem appropriate. Landlord shall (or
shall cause the same to be done) operatet manage, equip, police, lightt
repairt replace, and maintain the common areas for their intended purposes in
such manner as Landlord shall determine, including but not limited to the
maintenance requirement on Page lA of the Shopping Center Addendum. and may
from time to time change the size, location. nature and use of any common
areas and make installations therein and move and remove the same. However,
Landlord shall not change without Tenant's consent, the parking areat common
areas and drives located within 100 feet of the McDonald's Restaurant.
2. Use of Common Areas. Tenant and its concessionaires, officers, employees
agents, customers and invitees shall have the non-exclusive right (in common
with Landlord. the aforesaid Occupants of the Shopping Center and all others
to whom Landlord and said Occupants have granted or may hereafter grant such
rights) to use the common areas as designated from time to time by Landlord,
subject to the 100 foot mentioned restriction above in paragraph It subject to
such reasonable rules and regulations as Landlord may from time to time
impose. Tenant agrees after notice thereof to abide by such rules and
regulations and to use its best efforts to cause its concessionaires,
officers, employees, agentst customers and invitees to conform thereto.
Wherever Landlord has reserved the right in this Lease to enact rules and
regulations governing the shopping center and the demised premises, such rules
and regulations shall be reasonable and applied uniformly and equally to all
tenants throughout the center. Tenant shall upon request promptly furnish to
Landlord the license numbers of the cars operated by Tenant and its
concessionaires. officers. and employees so that Landlord can police the
parking in common area. Tenant shall not at any time interfere with the
rights of Landlord or other Occupants of the Shopping Center. or the
concessionairest officers. employees, agents. customers, or invitees of
Landlord or of such other Occupants to use any part of the parking areas or
other common areas. All vehicles of Tenantt of Tenant's concessionaire if
anYt or their respective officers, agents or employees, may be parked only in
the employee parking area(s) of the Shopping Center designated by Landlord.
Tenant or its employees shall only be required to park in employee parking
areas to the extent such areas are actually designated and are sufficient to
serve their existing needs.
3. Common Area Expenses. This lease shall be a net lease to Landlord.
Tenant shall pay to Landlord in the manner provided in 4. Tenant's pro rata
share. as defined in Section 4 of all costs and expenses or incurred by
Landlord during the Lease Term (including appropriate reserves) in operating,
managing, policing. lighting, repairingt replacing. and maintaining the
Shopping Center. Such costs shall be limited to: maintenance and repair;
cleaning; costs and expenses of planting, replanting and replacing flowers and
landscaping including costs for sprinkler system and striping. In the event
the Lessor fails, after 10 days prior written noticet to repair and maintain
the parking and common areas and utility lines as aforesaid, Lessee may. at
its option. repair and maintain part of all parking and common areas and
deduct its costs therefor from rental accruing thereafter.
7483J
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COMMON AREA ADDENDUM
(continued)
COMMON AREAS, THEIR USE ANO CHARGES
.
4. Tenant's Pro Rata Share and Payment. Subject to the succeeding sentence.
Tenant shall pay to Landlord as reimbursement for the cost thereof Tenant's
pro-rata share ("Tenant's Share") of such common area maintenance costs.
Tenant's Share shall be four percent (41) of all such common areas expenses of
Landlord at the Shopping Center. Landlord agrees that Landlord shall not
contract for the performance of the common areas maintenance at rates above
the market rate for such services. Landlord further agrees that all charges,
billed to Tenant. evidencing the performance of the work on the common areast
shall be the same for all Tenant's of the Shopping Center.
Landlord shall provide Tenant with "Landlord's Estimated Common Area
Maintenance Computation", which shall be Landlord's estimate of Tenant's Share
for each year of the term. On the first (1st) day of each month during the
term of this Leaset Tenant shall pay to Landlord in arrears Landlord's
Estimated Common Area Maintenance Computation. If Landlord's Estimated Common
Area Maintenance Computation paid by Tenant to Landlord exceeds the actual
Tenant's Share for that year of the termt the excess shall be credited by
Landlord to Tenant against Landlord's Estimated Common Area Maintenance
Computation payments due for the next yeart if any, of the term or refunded to
Tenant if such excess occurs during the last year of the Lease. If Landlord's
Estimated Common Area Maintenance Computation paid by Tenant to Landlord is
less than the actual Tenant's Share for that year of the term. Tenant shall
remit such deficit amount to Landlord within 30 days after written notice from
Landlord.
At the end of every year. Landlord shall provide Tenant with a statementt
certified correct by Landlordt in reasonable detailt setting forth_all costs
expended by Landlord during the preceding calender yeart for the common area
maintenance.
Tenant shall have the right to examine the books and records of the Lessor
within 60 days after receiving Landlord's statement. In the event there is a
discrepancy of more than 51 in the maintenance costs set forth in Landlord's
statementt Tenant shall have the right to adjust its proportionate share
accordingly and pay the lesser amount, and landlord shall reimburse Tenant for
the cost of the audit.
5. Notwithstanding the foregoing, it is specifically understood and agreed
that lessee shall have no obligation or liability whatsoever in connection
with the ownership. maintenance. or management of the parking area, malls and
common areas involved, and the Landlord shall manage, operate and maintaint at
its cost and expenset during the entire term of said Lease, and as it may be
extendedt an insurance policy or policies which will insure Tenant against
injury to persons occurring in, on, or about said parking area. malls and
common areas, the liability under such insurance to be not less than One
Million Dollars ($1 tOOOtOOO.OO) for anyone accident or One Hundred Thousand
Dollars ($100,000.00) for property damage. Landlord shall cause to be issued
to Tenant proper certificates of insurance evidencing that the foregoing
convenants of the landlord have been compiled with, and such certificates
shall provide that if the underlying insurances is cancelled or changed during
the policy periOd the insurance carrier will notify the Tenant twenty (20)
days prior to the same.
7483J
MAR nA .~~
tHTIAL
3: DAm
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~R 041988
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BUILDING AND CONSTRUCTION
APPROVAL ADDENDUM
1. Prior to the commencement of the construction of any building or improve-
ment. or alteration or additiont constructed or placed upon the demised
pr~mise~. lessee shall submit all exterior plans, specifications and eleva-
tions showing the general placement of its buildings. initially and ultimate-
ly. with set-backs from all lot lines, location and dimensions of parkins
areas. dt'iveways and service areas, to lessor for its approval from an
appearance standpoint to insure that the buildings and improvements con-
~tructed upon the demised premises are harmonious with the architectural
design and materials of other buildings and improvements then existing
or in the process of construction in the general vicinity of the demised
premises. le~sor shall have twenty (20) days after receipt of lessee's
plans and specifications to give lessee written notice of, and the reason
for, disapproval. Failing such notice. lessee's plans and specifications
will be considerad approved.
2. For and with respect to the premises, it is understood and agreed
t:~at ~a) no buildings(s) or structure(s) shall be erected within this
Out ParcC!l containing in the aggregate more than 7tOOO square feet of
floor drea; (b) no bu;lding(s) or structure{s) shall be erected within
this Out Parcel which shall be greater in height than the lesser of (i)
one story or (ii) eighteen (18) feet (provided, however, that said building
may have a small 0~namenta1 tower exceeding eighteen (18) feet in height
provided the total hp.ight of any such building, including such tower,
does not excp.ed twenty-four (24) feet in height measured from ground.leve1).
3. In regard to signage it is understood that there will not be a Pylon
(or Stand Alone) Sign and any and all signs will be limited to those affixed
to the building which must have the prior approval of the landlord. which
approval shall not be unreasonably withheld. This restriction shall not
apply to Tenant's directional signs or menu board.
~<../
GUARANTY OF LEASE
McDonald's Corporation, a Delaware
corporation for ONE DOLLAR
($1.00) and other good and valuable consideration the receipt of which
is hereby acknowledged does hereby guaranty to Walboyn Development Corporation
payment in full of all amounts due to Lessor under the lease (the "Lease")
be~ween Lessor and McDonald's Restaurants of Florida, Inc. as Lessee dated
T
February 19t 1988 covering the leased premises located at the Catalina
Square Shopping Center in Boynton Beach, Florida including but not limited
Ci.harges
to Basic Rent, additional~, interest, attorneys fees, advancements
by Lessor.under the Lease and any and all other monies which may be due
to Lessor as Landlord under the Lease. This Guaranty shall be deemed
.
continuing and irrevocable. McDonald's agrees that its obligations hereunder
sec,ondary:
M shall be absolute and pr1mary and shall be complete and binding on McDonald's
At( 04 100 hereof!r
va8 execution '~ereef aRd 6Y9jeet t~ ft~ ~~ftaitigRE prst8d8Rt to M,g8Rl1~'E.
perfe,lfIum.e P'l.., .....nder. No act or omission by Lessor shall affect or impair
this Guaranty of Lease and Lessor shall have no duties to McDonald's in
connection with this Guaranty of Lease. In the event Lessor has made
no claim on this Guaranty of Lease within ten (10) years from the date
hereof, McDonald's obligation hereunder shall cease and terminate.
Dated th1 s 4th
March
day of .$ebJ tie-I .y, 1988.
SIGNED SEALED AND DELIVERED
IN THE PRESENCE OF:
~~/O~t
~ness
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*after Lessor has exhausted all remedies against McDonald's Restaurants
of Floridat Inc. as Lessee
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TO WHOM IT MAY CONCERN
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McDonald's Corporation
McDonald's Plaza
Oak Brook, Illinois 60521
Dor.CI 0,.1 Number
(3l2) 575-6385
This letter will serve as an attorney opinion that Seymour Greenman, Vice
President and Assistant Secretary of McDonald's Corporation, d/b/a McDonald's
Corporation, a Delaware Company is empowered under resolution of the Board of
Directors of the corporation to grant a power of attorney in connection with
any permit, zoning or land use application for the constrution or remodeling
of any McDonald's Restaurant.
HO/ao/4l22J
Sworn to before me this '25 day
of /U ,':1 !./.
..,
, 198 I .
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~~tta.J:~!' C
e ctary Publi., State cf rio/Ida
My Commission Expires Sept. 13, 1989
t..dld Th,. Troy fain ~ IIO'once Inc.
Very truly yours,
McDONALD'S CORPORATION
~&L7r
Haydee Olinger
Regional Attorney
Real Estate/Legal Department
POWER OF ATTORNEY
Th is Power of Attorney is made on February 10, 1987
BElWEEN: the Principal. Se)mour Greenman.
Vice Pres ident and Ass is tant Secretary
whose address is
McDonald's Corporation
lXle McDonald's Plaza
Oak Brook. III inois 60521
individually referred to as "I" or "my."
AND: the Agent. Roland Yates
Whose address is
McDonald's Corporation
5200 Town Center Circle
Suite 600
Baco Ra ton. Fl or ida 33432
referred to as "You."
GRANT OF AUTHORITY: I appoint You to act as my Agent (called an attorney
in fact) to do each and every act which I could personally do to represent
McDONALD'S CORPORATION. d/b/a McDonald's Corporation, a Delaware Company, in
any permit zoning or 'land use application for the construction or remodeling
of any McDonald's Restaurant.
POWERS: I give You all the power and authority to do any act which I might
do if personally present and acting in connection with any of the forego-ing
matters; and covenant and agree to hold harmless any person who may a,ct in
rel iance u pan the au th ority granted to my sa id a ttorney-i n-fact hereby.
This power of attorney shall remain in force and effect for a period of
two years from the date hereof.
"
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r~cOONALD I S COR PORATION. d/b/ a Mc[))na 1 d I S
Corpora17ion. a Delaw~re Company
,~'!~ //lU/r7J/t.SEALl
. Vie res 1 en t an
Assistant Secretary
Witnessed by:
r I <'
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STATE OF ILLINOIS
COUNTY OF DuPAGE
S5:
I. Mary1}T1 G. Rodgers. a Notary Public in and for the county and state
aforesaid. DO HEREBY CERTIFY that Se)1l1our Greenman. Vice President and Assis-
tant Secretary of McDonald's Corporation. d/b/a McDonald's Corporation. a
Dela~are Company. who is personally known to me to be the same person whose
name is. subscribed to the foregoing instrument as such Vice President and
Assis'tant Secretary. appeared before me this day in person and acknowledged
that he signed. sealed and de1iverecr'the said instrument as his free and
voluntary act as such Vice President and Assistant Secretary. and as the free
and voluntary act of sa id 'corporation for the uses and purposes.
Given under my hand and notarial seal, th is 10th day of February. 1987.
~~~~ 9-~?
ary~ . odgers, 0 ar u 11C
MY commission expires May 9, 1988
4122J