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LEGAL APPROVAL n "Ml!;T _"'P'. rn @ rn u ~~ '-c ,t PLANNING AND ZONING DEPT. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING ACCEPTANCE OF THE FINAL PLAT FOR BOYNTON COMMONS PCD AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. R97-/~~ 100 JUN 2 0 1997 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, does hereby accept the Final Plat for Boynton Commons PCD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby approves acceptance i! of the Final Plat for Boynton Commons PCD. Section 2. That this Resolution shall become effective 'I immediately upon passage. PASSED AND ADOPTED this /;7 day of ~~ , 1997. Ii CITY OF BOYNTON BEACH, FLORIDA ~ iJi~/J ,N II '/ 17_ ./ ,C- .'~ b"7~ Maydr ~ t/ vice Mayor ~~ Q~ ,-". cOmmission r ! ~ Dy'v'" ,;:~~- (\'. Commis ioner r- ATTEST: :\\\\\\\\\11111/1111//-" #o~ BOY"".>: "~~ ~ ~~ ~ ~_..... 0 ~ ,.' L //V/_ ' ~~_ ~ ~ ~RPO~)'" ~ Ci ty Clerk ~ U ~ ~ ~ (Corporate Seal) ~ 7 ~ i ~ ... 920 ~ I Final Plat 6/5/97 ~ -<-.I ............ ~ BOYNTON COMMONS PCD ~ <. 0 ~ ~ /'i q IDA. ,~ 1/11 ' \\" , l'IiUli1\\\\\\ MEETING MINUTES REGULAR CITY COM", .jSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 Commissioner Jaskiewicz pointed out that there are a number of very specific duties the Cemetery Board is involved in addition to dealing with Cemetery funds, She questioned whether these specifics will be listed in the duties and responsibilities of the Recreation & Parks Board, In addition, having a mortician on the Cemetery Board is a requirement, and Commissioner Jaskiewicz feels that requirement should be maintained, Attorney Cherof advised that the concept of 097-31 is to shift all of those responsibilities to the Recreation & Parks Board, City Clerk Sue Kruse polled the vote, The vote was unanimous. Mayor Taylor requested that the Parks Division provide a cost estimate associated with installing a G' or 8' hedge around the Cemetery. This will provide solitude for the people who are trying to pay their respects to the deceased. 2, Proposed Ordinance No. 097-31 Re: Providing additional Duties, Powers, Authority and Functions of the Parks & Recreation Board Attorney Cherof read Proposed Ordinance No. 097-31 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 097-31 on first reading, Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: 1. Proposed Resolution No. R97 -102 Re: Approve Final Plat for Boynton Commons PCD Attorney Cherof read Proposed Resolution No. R97-102 by title only, Motion Commissioner Bradley moved to approve Proposed Resolution No. R97-102. Commissioner Tillman seconded the motion which carried unanimously. 2. . Proposed Resolution No. R97-103 Re: Approve Final Plat for Woolbright 100 Attorney Cherof read Proposed Resolution No. R97-103 by title only. Motion Commissioner Bradley moved to approve Proposed Resolution No. R97-103. Commissioner Tillman seconded the motion. 16 @ f2 n ~:- '2 :J ~ II .1- f~_;,._ ENGINEERING MEMO #97-086 ,il ~f.f'" 1 - ,..iUCf-H 1: I ~yJ:::.:i,:::;)---' ---_............:;:,," DATE: May 15, 1997 TO: AL NEWBOLD, DEP. DEV. DIR. BILL CAVANAUGH, FIRE PREVo OFF. 735-0272 MIKE HAAG, BULID. PLAN. COORD, 6352 J. WILDNER, PKS SUPT. 6227 & K. HALLIHAN, FORSTR. 6227 SGT. MARLON HARRIS, P.D. 616J:::::::::::,:::::=,' MIKE HAAG, PLAN. COORQ. ,,;.t;~:~tMTh~:,., FROM~=~=:::~:n::76283 ce SUBJECT: T.R.C. REVIEW - FIN~:PIf;t\T::~:I:~~tOl, FOR BOYNTON COMMONS. ". ::::. THE FINAL PLAT AND CONSTRUCF:!ON PLANS ~q::$~:i:!}.E SIGNED OFF BY THE FOLLOWING DEPARTMENTS>AS SOON"ASPOSS.tGLP1f:S~. PLANNING, UTILITIES ~~~~?I~,~" THEY WlLEALSOBEXV AIUABLE uP.tlVniE M&1mIITB'" RA: Ml$:BmINGu'lIiHI!&RE . :::..::::::r:;:::;~i:::.:t}~:~~:,~:;;;;::~~;;':(?;;~:;?:::~~~::~;~\~1:j~~:.: .:. >. \:}. .: ,': :~r~~:,:;~~~~~j~~:~, \>,;t' :::i:::::;:i/:::;::i:::::::;;:;;J;;::::::(:::{:::::::::ii:S:::,' '::::, . :"::;::.'::;::~:i'::::::::\}::::::::::,ffL:::,::;:;::::::J:::::i:::::::::tt:, ARE ANY NtOREOUTST ANDING,rEJSMS "PEE1\SE,mUllYlDE ENGINBER1Ntl,W11f:H", . ::: => :": ::: :.+) \: '\. ::,:: - :::::: ?:::::~i~ :::~:~ i: :::::~:; ;~~i:::t:~:::t;:-". . ",:; :::i::: ;~~::~::~:,::::~::~:: :~i~:::{::: :i:::::::::::::{::l~~::~:\;;!;:::::::;::/~;:::::;::::r:;:::;~;:i;:::;~:: ;:~~:i~~~:l:~~:~:.:. . ::i:' .,: . "::}'::~'::::::::i~:~:~:~:~:~:it~:~~~:i}l~:~~~l:~j:~j:~:i}itf:~ YOURMEMO'N(J'LATER THAN muESDAlYEVENlNG"'MAY 21 ,.. ...............,.......,................ c: Memo Only: Milan Knor, Dev. Dir. Tambri Heyden, P. & Z. Dir. Peter Mazzella. Asst. to Dir. Thank You , , (' J 'k( , ,!r" ,_,~) J>.JA~~-\'- f ~- y-j9 o ~(;/ \(J(\ '" \,\ \\\ ' PREPARED BY AND RETURN TO: MICHAEL A. SCHROEDER, ESQ. SCHROEDER AND LARCHE, P.A. ONE BOCA PLACE, SUITE 319-A 2255 GLADES ROAD BOCA RATON, FLORIDA 33431-7383 DECLARATION OF EASEMENTS, RESTRICTIONS AND PROTECTIVE COVENANTS THIS DECLARATION OF EASEMENTS, RESTRICTIONS AND PROTECTIVE COVENANTS is made this ___ day of , 1997, by and among Boynton Beach Development Associates, a Florida general partnership ("Associates") whose address is 8130 Baymeadows Way West, Jacksonville, Florida 32256, Winchester, Winchester, Zeiher and Schroeder, a Florida general partnership (the "Partnership") whose address is One Boca Place, Suite 319A, 2255 Glades Road, Boca Raton, Florida 33431, and Bill R. Winchester and Elsie A. Winchester (collectively "Winchester") whose address is Post Office Drawer 1240, Boynton Beach, Florida 33445. RECITALS A. property Exhibit Center" ) Exhibit Associates is the fee simple owner of certain real located in Boynton Beach, Florida legally described on "A" attached hereto (the "Property" or the "Shopping and depicted on the approved Site Plan attached hereto as "B" (the "Site Plan"). B. Associates is developing the Property as a retail shopping center in accordance with the Site Plan. C. Associates desires to hereby establish certain easements and restrictions pertaining to the Property and otherwise provide for its unified control. D. Associates has acquired the Property from Winchester. 95-070/1025-005 Page 1 of 22 ARTICLE VI NO BUILD AREA The Responsible Party agrees, that it will not construct or permit to be constructed, any building or other structure or improvement in the area depicted as the "No Build Area" on the Site Plan, except for parking areas, driveways, landscaping and other amenities customary in first class shopping centers, such as light standards, benches and directional signage, without having first obtained the prior written consent of the Winchester Land Owner, which consent may be withheld by the Winchester Land Owner in its sole and absolute discretion. ARTICLE VII SIGNAGE There shall not be installed on the Property or on buildings constructed on the Property by the Responsible Party, any tenant or occupant of the Shopping Center or their respective agents or employees (collectively the "Owner/Tenants") any exterior identification signs of the following type: (1) flashing, moving or audlble slgns, (2) signs employing exposed raceway, exposed neon tubes, exposed ballast boxes, or exposed transformers provided that signage may employ such methods necessary for the installation of internally illuminated self-contained channel letters; or (3) paper or cardboard signs other than professionally prepared interior window signs advertising special sales within the subject premises, temporary signs (exclusive of contractor signs), stickers or decals, provided, however, the foregoing shall not prohibit the placement at the entrance of each such premises a small sticker or decal, indicating hours of business, emergency telephone numbers, credit cards accepted, and other similar information. ARTICLE VIII CONSTRUCTION 8.1 Construction of Common Areas. The Responsible Party shall be responsible for the construction of all utilities, parking areas, driveways, access ways, roadways, sidewalks and walkways, exits and entrances and other Common Areas located in the Shopping Center. 8.2 General Construction ReQuirements. All construction, al teration or repair work, undertaken upon any portion of the Shopping Center by the Owner/Tenants subsequent to the construction of the improvements depicted on the Site Plan, shall be performed in a neat, safe and workmanlike manner and shall be accomplished in 95-070/1025-005 Page 5 of 22 "Claimant") shall decide whether it shall be brought before a court of record in the State of Florida in Palm Beach County or settled by arbitration. If the Claimant chooses arbitration, it shall immediately notify the other party of this decision, and by written notice within ten (10) days of the initial notice name an arbitrator. Within ten (10) days of receipt of such notice, the other party shall, by written notice to the Claimant, appoint one additional arbitrator. In the event the other party does not timely appoint an arbitrator, the Claimant may appoint the additional arbitrator. The arbitrators thus appointed shall themselves select a third arbitrator, and all the arbitrators so named shall be commercial persons or lawyers conversant with the type of transaction contemplated by this Agreement, and shall settle the claim or controversy in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrators shall be final, binding and conclusive upon the parties and their respective successors and assigns, and may be entered in any court of competent jurisdiction. 12.13 Off Site Water Retention. Boynton Beach Development Associates. a Florida general partnership and Bill R. Winchester and Elsie A. Winchester have entered, into that certain Drainage and Off Site Water Retention Easement Agreement dated A~ril 11. 1997 (the "Agreement") which Aareement to be recorded in the Public Records of Palm Beach County. Florida. provides for drainage and off site water retention required for the Shopping Center. IN WITNESS WHEREOF, Associates has executed this Declaration as of the day and year first above written. SIGNATURES COMMENCING ON NEXT PAGE 95-070/1025-005 Page 14 of 22 Signed, sealed and delivered in the presence of: ASSOCIATES: BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership, by its General Partners: Armada/Hoffler Boynton Beach, Inc. , a Virginia corporation, qualified to do business in the State of Florida and Baita Boynton Beach Partners, a Florida general partnership ARMADA/HOFFLER BOYNTON BEACH, INC., a Virginia corporation, qualified to do business in the State of Florida, its General Partner Print Name of Witness BY: A. RUCCI3LL KIRK ANTHONY J. NERO ITS: VICE PRESIDENT Print Name of Witness 95-070/1025-005 Page 15 of 22 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, A. RUCCELL KIRK, ao ANTHONY J. NERO. as VICE PRESIDENT of ARMADA/HOFFLER BOYNTON BEACH, INC., a Virginia corporation, qualified to do business in the State of Florida, on behalf of the Corporation, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known to me or has supplied as identification. My Commission Expires My Commission Number My Notary Seal: 95-070/1025-005 Notary Public State of Florida Page 18 of 22 JOINDER, CONSENT AND SUBORDINATION The undersigned, ELSIE A. WINCHESTER, being the holder (by virtue of an Assignment of Mortgage from County National Bank of South Florida, successor in interest to Carney Bank, a Florida corporation, dated September 9, 1996, to be recorded in the Public Records of Palm Beach, Florida) of the following described Mortgage encumbering the Easement Property: IIThat certain Adjustable Rate Mortgage Agreement, dated January 25, 1988, and recorded January 27, 1988, in Official Records Book 5557, at Page 789, of the Public Records of Palm Beach County, Florida, as modified by Mortgage Modification Future Advance and Spreading Agreement recorded in Official Records Book 5741, at Page 226, of the Public Records of Palm Beach County, Florida, and further modified by Extension Agreement dated February 27, 1990, and recorded March 13, 1990, in Official Records Book 6382, at Page 1754, as further modified by that certain Second Extension Agreement dated February 2, 1991, recorded March 6, 1991, in Official Records Book 6748, at Page 120, as further modified by that certain Third Extension Agreement dated August 27, 1991, recorded September 16, 1991 in Official Records Book 6957, at Page 1048, as further modified by that certain Fourth Extension Agreement dated January 30, 1992, recorded February 19, 1992, in Official Records Book 7126, at Page 455, as further modified by that certain Fifth Extension Agreement recorded in O.R. Book 7449, at Page 486, as further modified by that certain Sixth Extension Agreement recorded in O.R. Book 7874, at Page 1191, as further modified by that certain Seventh Extension Agreement recorded in O.R. Book 8390, at Page 1760, as further modified by that certain Eighth Extension Agreement recorded in O.R. Book 8873, Page 1515, as further modified by that certain Ninth Extension Agreement to be recorded, all of the Public Records of Palm Beach County, Florida, (hereinafter called the IIMortgagell).1I hereby joins in this Declaration for purposes of (i) approving and consenting to the granting of a landscape buffer easement in the Easement Property, as more particularly described in paragraph 11.1 of the Declaration; and (ii) with respect to the Easement Property, subordinating the lien of the Mortgage to the lien of that certain Mortgage and Security Agreement dated H;::trch April 11, 1997, between Boynton Beach Development Associates, a Florida general partnership, and SouthTrust Bank of Alabama, National Association, 95-070/1025-005 Page 21 of 22 which- Mortgage and Security Agreement is to be recorded in the Public Records of Palm Beach County, Florida. . ELSIE A. WINCHESTER Print Name of Witness Print Name of Witness STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me on , 1997, by ELSIE A. WINCHESTER, who is personally known to me\has produced as identification. Print, Type or Stamp Commissioned Name of Notary Public - State of Florida My Commission Expires: My Commission Number: My Notary Seal: CJ:\7\CLIENTS\STILLER\BOYNTON6.COM 1025-005 04/09/97) 95-070/1025-005 Page 22 of 22 @ v\\J o rJ; \C{\ \<.J'"" . \ \\ '1.\ PREPARED BY AND RETURN TO: MICHAEL A. SCHROEDER, SCHROEDER AND LARCHE, One Boca Place, Suite 2255 Glades Road Boca Raton, Florida ESQ. P.A. 319A 33431 DRAINAGE AND OFF SITE WATER RETENTION EASEMENT AGREEMENT This Drainage and Off Site Water Retention Easement Agreement (the "Agreement") is executed this day of , 1997, by Bill R. Winchester and Elsie A. Winchester (collectively referred to as "Winchester") and Boynton Beach Development Associates, a Florida general partnership (the "Partnership.'). R E C I TAL S: A. Winchester has sold to the Partnership certain land located in Palm Beach County, Florida and legally described on Exhibit "A" attached hereto (the "Partnership Property") . B. Winchester is the owner of land lying west of the Partnership Property which land is described on Exhibit "B" attached hereto (the "Winchester Property"). In connection with the sale by Winchester of the Partnership Property to the Partnership, Winchester has agreed to grant to the Partnership a perpetual, non-exclusive easement for drainage and off site water retention over, across, under and through a portion of the Winchester Property (the "Easement Property"), which Easement Property is legally described on Exhibit "C" attached hereto. C. Winchester and the Partnership have agreed to enter into this Agreement for purposes of granting the off site water retention easement and agreeing to certain other matters related thereto. 95-070/1025-005 Page 1 of 14 NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. correct. The Recitals set forth above are true and 2. Drainaae and Off Site Water Retention Easement. Winchester hereby grants to the Partnership, its successors and assigns, a perpetual non-exclusive easement over, above, along and under the Easement Property for purposes of installing, constructing, maintaining, repairing, replacing and renewing, at the Partnership's expense, drainage and off site water retention improvements for the Partnership Property. 3. Construction of Drainaae and Off Site Water Retention Facilities. A. The Partnership shall, at its sole cost and expense, cause to be constructed on the Easement Property, drainage and off site water retention facilities for the Partnership Property (the "Drainage Facilities"). The Partnership shall be responsible for repairing any damage done to the Winchester Property in connection with the construction of the Drainage Facilities. The Drainage Facilities shall be (i) in all respects sufficient to serve both the Partnership Property and the Mall Corner Property (as hereinafter defined); (ii) except for the retention area of approximately two hundred sixty (2601) feet by three hundred (3001) feet, in all respects sufficient to serve the Winchester Property as it may be from time to time developed and occupied; and (iii) constructed strictly in accordance with the requirements of applicable laws, rules, codes, ordinances and other requirements of governmental entities. B. Prior to commencement of the construction of the Drainage Facilities, the Partnership shall deliver to Winchester (i) certificates of insurance and copies of applicable policies providing comprehensive general liability coverage in an amount of not less than One Million Dollars ($1,000,000.00) and with a deductible of not less than Ten Thousand Dollars ($10,000.00) naming Winchester, Klatt-Winchester Partnership, a Florida general partnership, Ernest F. Klatt and Violet Klatt, individually, Mall Corner, Inc., a Florida corporation, and The Ernest Klatt a/k/a Ernest F. Klatt Revocable Trust under Agreement dated May 18, 1990, as from time to time amended, and Ernest Klatt and SunBank/South Florida, N.A., as Co-Trustees and Violet Klatt, Alford Klatt and Bill R. Winchester, as Special Real Estate Trustees, and their 95-070/1025-005 Page 2 of 14 respective successors (collectively, the "Winchester Group"), as additional insureds, which certificates and policies shall include provisions and provide coverage reasonably acceptable to Winchester; (ii) a copy of the Contract for the construction of the Drainage Facilities, which will only be for the construction of the Drainage Facilities on the Easement Property and for no other facilities or improvements including the Shopping Center to be constructed by Partnership on the Partnership Property; (iii) a copy of the Notice of Commencement recorded in the Public Records of Palm Beach County, Florida, but only after having first obtained from Winchester the prior approval of the proposed Notice of Commencement, which Notice of Commencement shall describe the property to be improved as the easement rights of the Partnership in the Easement Property and shall describe the improvements to be made as the Drainage Facilities, and evidence that the recorded Notice of Commencement has been posted on the Easement Property in accordance with applicable law; (iv) a written statement from any person or entity, contractor, subcontractor, laborer or material supplier who has performed work or rendered services or provide labor or materials, in conjunction with the construction of the Drainage Facilities acknowledging that such person or entity shall look solely to the Partnership and its easement interest in the Easement Property for payment in conjunction with such work and confirming that such person or entity has no right to file any lien against the ownership interest of Winchester in the Easement Property, the Winchester Property or any claim against Winchester in conjunction with such work or any payment due with respect thereto; and (v) copies of the plans and specifications for the Drainage Facilities, which plans and specifications must be approved by Winchester prior to submission to the City of Boynton Beach, which approval shall not be unreasonably withheld or delayed and a copy of all permits required to construct and operate the Drainage Facilities. Notwithstanding anything to the contrary contained herein, all fill or dirt excavated in connection with the construction of the Drainage Facilities, which is not used in the construction of the Drainage Facilities, shall be placed adjacent to the Drainage Facilities, shall be the property of Winchester and may be used or sold by Winchester at Winchester's sole discretion. C. In the event any person or entity providing labor or services or providing materials in conjunction with the construction of the Drainage Facilities shall file a lien against the Easement Property or the Winchester Property, the Partnership shall indemnify and hold harmless Winchester from and against any and all claims asserted by any such person or entity and shall, no later than five (5) days after written notice thereof, cause such lien to be satisfied or transferred to bond. 95-070/1025-005 Page 3 of 14 D. The Partnership, its successors and assigns, shall indemnify, defend and hold harmless each of the persons and entities comprising the Winchester Group and their respective partners, employees, agents, successors and assigns from and against any and all claims, actions, damages, fines, liabilities and expenses (including without limitation reasonable attorneys' fees, court costs and expenses, whether at arbitration, at trial, on appeal or in any bankruptcy or post judgment proceeding) which may be imposed upon, incurred by or served against them, including, but not limited to, those incurred in connection with loss of life, personal injury and/or property damage, or any of them, arising from, or out of or related to the construction, operation, maintenance and use of the Drainage Facilities. 4. Maintenance and Other Expenses. A. Partnership shall, at its sole cost and expense, maintain in good repair and condition the Drainage Facilities, in accordance with the requirements of the City of Boynton Beach. B. The Partnership shall pay to Winchester, within twenty (20) days of receipt of a copy of the tax bill and a computation of the Partnership's prorata share of such tax bill, real estate taxes and assessments for the Easement Property. The Partnership acknowledges that the Easement Property will not be separately assessed and that the tax bill to be used for purposes of making the computation shall include the Easement Property. The Partnership further agrees that the real estate taxes and assessments for the Easement Property shall be determined by multiplying the total taxes and assessments reflected on the tax bill by a fraction, the numerator of which will be the acreage of the Easement Property and the denominator of which will be the total acreage of the land covered by the tax bill. C. The Partnership shall maintain, throughout the term of this Agreement, the insurance described in paragraph 3.B above. No later than thirty (30) days prior to the expiration of such policy, the Partnership shall provide Winchester with evidence that such policy has been renewed for an additional year. In addition to the requirements set forth in Section 3.B above, the policy shall provide that it will not be canceled or modified without Winchester having first been provided with thirty (30) days prior written notice. D. Notwithstanding anything to the contrary contained in this paragraph 4, in the event the Drainage Facilities are not used exclusively by the Partnership (as contemplated by paragraph 95-070/1025-005 Page 4 of 14 6 hereof), the Partnership shall only be responsible for its prorata share of the real estate taxes described in paragraph 4.B and shall be entitled to be reimbursed for the other parties I prorata share of reasonable maintenance costs expended pursuant to paragraph 4.A. 5. Relocation of Drainage Facilities. The Partnership acknowledges and agrees that Winchester may, in their sole discretion, elect to relocate the Drainage Facilities to another location. The relocation of the Drainage Facilities shall be at Winchester's sole cost and expense and shall comply with all requisite governmental requirements and approvals. The Partnership shall have the right 'to review and approve the plans and specifications for the new drainage facilities, which approval shall not be withheld or delayed so long as such relocation does not (i) interfere with the ongoing business operations of the Partnership on the Partnership Property; or (ii) prevent the continuous drainage of water flowing from the Partnership Property. Upon completion of construction of the new drainage facilities, the Partnership and Winchester shall execute an amendment of this Agreement substituting the legal description on which the new drainage facilities are located for the legal description attached hereto as Exhibit "CU. 6. Use of Drainage Facilities. The Partnership acknowledges and agrees that it has a non-exclusive right to use the Drainage Facilities and Winchester shall be permitted to connect its own drainage facilities to the Drainage Facilities or otherwise use the Drainage Facilities for drainage and water retention for the Winchester Property, and shall be further permitted to grant similar rights to the owner of the property described on Exhibit "D" attached hereto (the "Mall Corner Property") for purposes of drainage and water retention for the Mall Corner Property, provided that the use of the Drainage Facilities by Winchester or by the owner of the Winchester Property or the Mall Corner Property would not cause the Partnership to be in violation of the requirements of applicable governmental authorities with respect to the Drainage Facilities. 7. Limitation of Lien Riqhts. Notwithstanding anything to the contrary contained herein, no interest of Winchester hereunder or any other interest of Winchester in the Easement Property shall in any manner be subject to lien, claim, demand or imposition under the construction lien laws of the State of Florida, otherwise for any improvement, labor, materials or services rendered at or upon the Easement Property by or at the request of the Partnership, whether or not Winchester shall have consented to same. 95-070/1025-005 Page 5 of 14 8. Indemnification. Partnership, its successors and assigns, shall indemnify, defend and hold harmless each of the persons and entities comprising the Winchester Group and their respective partners, employees, agents, officers and directors, tenants, employees, guests, customers, invitees, successors and assigns from and against any and all claims, actions, damages, fines, liabilities and expenses (including reasonable attorneys' fees, court costs and expenses whether in arbitration, at trial, on appeal or in any bankruptcy or post-judgment proceeding) which may be imposed upon, incurred by or asserted against them in connection with loss of life, personal injury and/or property damage or any of them arising from, or out of any occurrence in, upon or at the Easement Property and occurring by an act or omission of Partnership, its tenants, agents, employees, contractors, customers or invitees. 9. Default. If there is a failure by either party to perform, fulfill or observe any agreement contained herein, and such failure shall continue for fifteen (15) days after written notice from the other party, then, in addition to all the remedies available at law or in equity the non-defaulting party may, but shall not be obligated to, perform such obligation on behalf of the other party. In the event a default is not cured as provided herein, and the non-defaulting party is required to expend monies as a result thereof, such amounts shall be immediately due and payable by the defaulting party and shall bear interest at the rate of eighteen (18%) percent per annum, or the highest rate permitted by law, whichever is lower, until paid. In the event of a breach or attempted or threatened breach of any obligation set forth herein, in addition to any other remedy available at law or in equity, the non-defaulting party shall be entitled to full and adequate relief by injunction. 10. Attorneys I Fees and Costs. In connection with any arbitration or litigation, arising out of this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorneys' fees for services rendered in connection with such arbitration or litigation, including post-judgment, administrative, bankruptcy and appellate proceedings. 11. Notices. Any notice, request, demand or other communication required or permitted to be given under this Agreement shall be in writing, addressed as follows or as otherwise instructed pursuant to notice given under the terms of this paragraph, and shall be deemed given or delivered (a) when 95-070/1025-005 Page 6 of 14 personally delivered, or (b) three (3) days after mailing by deposit with the United States Postal Service, postage prepaid, by certified or registered mail, return receipt requested, or (c) one (1) day after acceptance for delivery by Federal Express or any other nationally recognized overnight delivery service. If to Winchester Group: c/o Bill R. Winchester P.o. Drawer 1240 Boynton Beach, Florida 33435 If to Partnership: 8130 Baymeadows Way West Jacksonville, Florida 32256 Attn: William M. Sulzbacher 12. Run with Land. This Agreement and the obligations, easements and agreements hereunder shall be appurtenant to and shall run with the Partnership Property, the Winchester Property and the Easement Property and shall apply to and bind the respective heirs, personal representatives, transferees, assigns and successors in interest of the Partnership and Winchester. 13. Additional Easements. Winchester, for themselves and their successors and assigns, hereby reserve the right to grant, from time to time, such further and additional easements over, through, across and under such portions of the property as they each shall then Owni provided, however, that such additional easements shall not materially adversely interfere with the easements set forth in this Agreement. 14. Severabili tv. In the event that any part, term or provision of this Agreement shall become illegal, null or void for any reason, or shall be held by a court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 15. AD?licable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16. Arbitration. In the event of any controversy or claim arising out of or relating to this Agreement, or the breach thereof, the party asserting such controversy or claim (the "Claimant") shall decide whether it shall be brought before a court of record in the State of Florida in Palm Beach County or settled by arbitration. If the Claimant chooses arbitration, it shall immediately notify the other party of this decision, and by written 95-070/1025-005 Page 7 of 14 notice within ten (10) days of the initial notice name an arbitrator. Within ten (10) days of receipt of such notice, the other party shall, by written notice to the Claimant, appoint one addi tional arbitrator. In the event the other party does not timely appoint an arbitrator, the Claimant may appoint the additional arbitrator. The arbitrators thus appointed shall themselves select a third arbitrator, and all the arbitrators so named shall be commercial persons or lawyers conversant with the type of transaction contemplated by this Agreement, and shall settle the claim or controversy in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrators shall be final, binding and conclusive 'upon the parties and their respective successors and assigns, and may be entered in any court of competent jurisdiction. 17. Amendment. This Agreement may be abrogated, modified, terminated, rescinded or amended in whole or in part by an instrument executed by the then owner of the Partnership Property, the fee title owner of the Easement Property and the owner of any other property using the Drainage Facilities (as contemplated by Paragraph 6 hereof) I joined by their respective mortgagees (if any), and the joinder of any tenants, guests, licensees, or invitees of any such owner (or anyone else) shall specifically not be required in connection with any of the foregoing. 18. City of Boynton Beach. The parties recognize and agree that the establishment of the easement created hereby shall in no way limit or restrict the rights of the City of Boynton Beach, Florida, in conjunction with any application for the development of all or any portion of the Winchester Property, to require, in accordance with applicable City codes and/or conditions or approval associated with subsequent development orders, that the easement or the water retention area be relocated to another location on the portion of the Winchester Property being developed. 95-070/1025-005 Page 8 of 14 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Signed, sealed and delivered in the presence of: BILL R. WINCHESTER Printed Name of Witness Printed Name of Witness ELSIE A. WINCHESTER Printed Name of Witness Printed Name of Witness SIGNATURES CONTINUED ON NEXT PAGE 95-070/1025-005 Page 9 of 14 BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership, by its General Partners: Armada/Hoffler Boynton Beach, Inc. , a Virginia corporation, qualified to do business in the State of Florida and Baita Boynton Beach Partners, a Florida general partnership ARMADA/HOFFLER BOYNTON BEACH, INC., a Virginia corporation, qualified to do business in the State of Florida, its General Partner Print Name of Witness BY: ANTHONY J. NERO ITS: VICE PRESIDENT Print Name of Witness SIGNATURES CONTINUED ON NEXT PAGE 95-070/1025-005 Page 10 of 14 Print Name of Witness Print Name of Witness Print Name of Witness Print Name of Witness 95-070/1025-005 BAITA BOYNTON BEACH PARTNERS, a Florida general partnership, its General Partner, by its General Partners: Baita International Inc., a Georgia corporation, qualified to do business in the State of Florida and Boynton Commons Corporation, a Florida corporation BY: BAITA INTERNATIONAL, INC. , a Georgia corporation, qualified to do business in the State of Florida, its General Partner BY: WILLIAM M. SULZBACHER, ITS: EXECUTIVE VICE PRESIDENT AND CHIEF OPERATING OFFICER BY: BOY N TON COM M 0 N S CORPORATION, a Florida corporation, its General Partner BY: DONALD B. STILLER ITS: PRESIDENT Page 11 of 14 STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me on , 1997, by BILL R. WINCHESTER and ELSIE A. WINCHESTER, who are personally known to me\have produced as identification. Print, Type or Stamp Commissioned Name of Notary Public - State of Florida My Commission Expires: My Commission Number: My Notary Seal: 95-070/1025-005 Page 12 of 14 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, ANTHONY J. NERO, as VICE PRESIDENT of ARMADA/HOFFLER BOYNTON BEACH, INC., a Virginia corporation, qualified to do business in the State of Florida, on behalf of the Corporation, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known to me or has supplied as identification. My Commission Expires My Commission Number My Notary Seal: 95-070/1025-005 Notary Public State of Florida Page 13 of 14 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, WILLIAM M. SULZBACHER, as EXECUTIVE VICE PRESIDENT AND CHIEF OPERATING OFFICER of BAITA INTERNATIONAL, INC., a Georgia corporation, authorized to do business in the State of Florida, on behalf of the Corporation, a general partner of BAITA BOYNTON BEACH PARTNERS, a Florida general partnership, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known to me or has supplied as identification. Notary Public State of Florida My Commission Expires My Commission Number My Notary Seal: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, DONALD B. STILLER, as PRESIDENT, of BOYNTON COMMONS CORPORATION, a Florida corporation, on behalf of the Corporation, a general partner of BAITA BOYNTON BEACH PARTNERS, a Florida general partnership, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known to me or has suppl ied as identification. Notary Public State of Florida My Commission Expires My Commission Number My Notary Seal: (J:\7\CLIENTS\STILLER\TITLE\OFFSITE2.EAS 1025-005 04/09/97) 95-070/1025-005 Page 14 of 14 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND S11UA TE IN SECTIONS 19 AND 30, TOWNSHIP 4S SOUm. RANGE 43 EAST, BEING A PORTION OF LOTS 39, 40, 41, 43 AND 44 OF THE SUBDMS10N OF SECTION 19. TOWNSHIP 45 SOUTH. RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7, PAGE 19 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND A PORTION OF LOT "A", BLOCK I, AND A PORTION OF LOT "A", BLOCK 2 OF THE SUBDIVISION OF PAL\4 BEACH FARMS COMPANY PLAT NO, 8 OF SECTION 30. TOWNSHIP 45 SOUTH. RANGE 43 EAST. AS RECORDED IN PLAT BOOK 5, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOL'TIiEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH. RANGE .n EAST; TIlENCE SOUTH S~3Z47" WEST ALONG TIm SOUTH LINE OF SAID SECTION 19. A DISTANCE OF 60,01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE AND THE POINT OF BEGINNING; THENCE SOUTH 0 I 022'43" EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID CONGRESS A VENUE. A orST ANCE OF [7.50 FEET; THENCE SOUTH 87<'32'47" WEST ALONG A LINE 17.50 FEET SOUTH OF A!'ID PARALLEL WITH THE NORTH LINE OF SECTION 30, TOWNSHIP 4S SOUTH. RANGE 43 EAST. A DISTANCE OF 190,03 FEET; THENCE SOUTH 01~2i40" EAST, A DISTANCE OF 42.51 FEET; THENCE SOUTH 87032'47" WEST ALONG A LINE 60.00 FEET soum OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 30. A DIST ANCE OF 422.95 FEET TO THE EAST LINE OF LOT "A", BLOCK 3 OF SAID PLAT OF THE PALM BEACH FARMS CO. PLAT NO.8: THENCE NORTH 01012'53" WEST ALONG SAID EAST LINE, A OlSTANCE OF 35.0\ FEET TO A UNE 25 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 30; THENCE SOUTH 87<'32'47" WEST ALONG SAID PARALLEL LINE. A DlSTANCE OF 28.70 FEET: TIiENCE NORm 02027'13" WEST, A DISTANCE OF 275.38 FEET; 1HENCE SOUTII 83"16'46" WEST, A DISTANCE OF 269.64 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WINCHESTER PARK BOULEVARD, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST HA vrNG A CHORD BEARING OF NORTH 08013'05" EAST, A RADIUS OF 2193.99 FEET, A CENTRAL ANGLE OF 06059'36"; THENCE ALONG SAID EAST RIGHT OF WAY LINE NORTIIERL Y 267.79 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST HAVING A CHORD BEARING OF NORm 05018'24" EAST, A RADIUS OF 2149.31 FEET, A CENTRAL ANGLE OF 12048'59"; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE NORTHERLY 480.78 FEET ALONG TIm ARC OF SAID CURVE TO A POINT OF TANGENTCY; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE NORTH 01"06'06" WEST, A DISTANCE OF 223.72 FEET; THENCE CONTINUE ALONG SAID EAST RIGlIT OF WAY LINE NORTH 44~2'08" EAST, A DISTANCE OF 35.64 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OLD BOYNTON ROAD; THENCE NORm 89050'22" EAST. ALONG THE SOUTII RIGHT OF WAY LINE OF OLD BOYNTON ROAD. A DISa ANCE OF 763,72 FEET: THENCE SOUTH 45046'] I" EAST. A DISTANCE OF 34.98 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE; THENCE ALONG THE SAID WEST RIGHT OF WAY LINE OF CONGRESS A VENUE SOUTII 01022'43" EAST, A DISTANCE OF ] ] 60.94 FEET TO THE POINT OF BEGINNING. "--' .-._'"'---- --.-...---.-------- ...---....----.--.------- .- r, EXHIBIT "B" Lot A and that Part of Lot B North of State Road 804, of Block 4, and all of Lot A and that part of Lot B North of State Road 804 of Block 5, PALM BEACH FARMS CO., Plat NO.8, all land lying in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida and Tract 47 of the Subdivision of Section 19, Township 45 South, Range 43 .East, LESS the right of way for Boynton Road, according to the Pla~ ther.~ as recorded in Plat Book 7, Page 19, of the Public Red6rds of Palm Beach County, Florida .' " and Tracts 45, 46, 49 and 50~ according to the Palm Beach Miami Land and Development Company Plat recorded in Plat Book 7, Page 19, Palm Beach County Court Records, and also described as the E 1/2 of the S 1/2 of the W 1/2 of the SE 1/4 of Section 19, Township 45S, Range 43 East, Palm Beach County, Florida and The South 320 feet of Lot 42, Subdivision Section 19, Township 45 South, Range 43 East, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida. EXHIBIT "e" ATLANTIC LARIBBEAN MAPPING, INC. PROFESSIONAL SURVEYORS AND MAPPERS SKETCH AND DESCRIPTION OF A DRAINAGE EASEMENT LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SAID PARCEL BEING A PORTION OF LOTS 42, 45 AND 46 OF THE SUBDIVISION OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7, PAGE 19 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, THENCE NORTH 01022'43" WEST ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 1223,02 FEET; THENCE SOUTH 89050'22" WEST ALONG THE CENTERLINE OF OLD BOYNTON ROAD, A DISTANCE OF 1517,97 FEET; THENCE SOUTH 00009'38" EAST, A DISTANCE OF 40,00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OLD BOYNTON ROAD; THENCE SOUTH 01000'33" EAST, A DISTANCE OF 260.03 FEET TO THE POINT OF BEGINNING; THENCE NORTH 44024'55" EAST, A DISTANCE OF 1.64 FEET; THENCE NORTH 88009'11" EAST, A DISTANCE OF 536,41 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WINCHESTER PARK BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 01006'06" EAST, A DISTANCE OF 7,83 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2041.31 FEET, AND A CENTRAL ANGLE OF 0] 0 11 '3]"; THENCE SOUTHERLY ALONG SAID WEST RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, A DISTANCE OF 42.46 FEET; THENCE SOUTH 88053'54" WEST, A DISTANCE OF 25,0] FEET TO A POINT ON A CURVE CONCAVE TO THE WEST, FROM WHICH A RADIAL LINE BEARS NORTH 89053'42" WEST, SAID CURVE HAVING A RADIUS OF 2016.31 FEET, AND A CENTRAL ANGLE OF 01004'44"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 37,97 FEET; THENCE SOUTH 88009'11" WEST, A DISTANCE OF 494,85 FEET; THENCE SOUTH 44024'55" WEST, A DISTANCE OF 24,89 FEET; THENCE SOUTH 01000'33" EAST, A DISTANCE OF 231, 95 FEET~ THENCE SOUTH 89050'22" WEST, A DISTANCE OF 300,03 FEET; THENCE NORTH o I 000'33" WEST, A DISTANCE OF 260.03 FEET; THENCE NORTH 89050'22" EAST, A DISTANCE OF 300,03 FEET TO THE POINT OF BEGINNING, CONTAINING 1,964 ACRES (85564,6 SQUARE FEET), MORE OR LESS, SURVEYOR'S NOTES: ), LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR RIGHTS OF WAYS AND/OR EASEMENTS OF RECORD OR OWNERSHIP. 2, THE LAND DESCRIPTION AND EASEMENTS SHOWN HEREON ARE IN ACCORD WITH THE DESCRIPTION PROVIDED BY THE CLIENT, 3, ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES, 4, THIS PARCEL IS SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHT-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY, 5, THIS IS NOT A BOUNDARY SURVEY. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT TIllS SKETCH AND DESCRIPTION MEETS APPLICABLE MINIMUM TECHNICAL STANDARDS SET FORTH IN RULE 6 IG 17-6 ADOPTED BY THE FLORIDA BOftJID OF PROFESSIONAl SURVEYORS AND MAPPERS. PURS!!""Nt'tQg:b~WA STATUTE 472,027, SUBJECT TO THE QUALIFICATIONS NOTED HEREON, NOJ-VAhl~ .WH6~JaE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED S.~Y~YO\-m>~~*;,'. ; fJ:, . ,1-- "." - 10, ...........,., : ~:' '(,.).(,.";2 r ~ ... ~'. "':,\ .~'. - \' \. ;~, ft~:.., !()~ , : .~~:.~ : < ~ .~~ ~; . <' SHEET 1 OF 2 3062 Jog Road . Greenacres, Florida 33467 (561) 964-7884 . Fax (561) 964-1969 ,J WINCHESTER PARK BOULEVARD R-204i. 31' A-i'H' 31' A-42. 46' en co (0 . Ul ~ N ~ s: w (:) p (:) w .. I I I I I I I I I \ I I en co co . Ul W .. Ul Jlo,. . s: N ~ (:) - .. co ~ :z: co ::0(0 >- cUl _w >~ 'N - s: ~- THIS IS NOT A I BOUNDARY SURVEY ~ I z I~ 260. 00' I~ Ii POINT OF BEGINNING SOl100'331E 260.03' S00109'381E 40. 00' =t ~".. " <'".- Ocf *. ~ - <f:' 40' 40' N (:) p (:) (:) .. 12.00' IT1 Ul w ?' Jlo,. - .. en co co Ul - co Ul (:) (:) ~I~ W N .. . s: - Ul - 1:"-1 co ....... .. S01'06'06IE 7.83' I -l col ~I Jlo,. Jlo,. .. AVENUB POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST ~ CONGRESS NOt'22'43IW 1223.02' ~' f!E' A TLANT I C - CAR I BBEAN MAPP I N6.1. INC. 3062 JOG ROAD - 8AEENACRES. FLOR I DA 334a7 (581) 98"-788"; FAX [&81 98"-1989 BY: DATE: CAD FILE:950380E DRAWN: SHATTO 02-03-97 SCAlE:t" - 100' CHECKED: D. TODD 02-03-97 PROJECT REVISED 2-l9-97; NEW LOCATION 95038 REV I SED 2-26-97; BOUNDARY SHEET 2 OF 2 / I I '.'! EXHIBIT liD" ., I, ,,. , Legal Description A Portion of Lot 4 2, of SUBDIVISION OF SEC'l''ION 19, To\omship 4S South, Rang_ 4~ Eaat:, aa recordod in Plat: Book 7, at PaqB 19, of the Public R.ecords of Palm beach County, Flor ida, less the South 320.00 feet and less the North 20.00 feet'for road right-ot-way and being more particularly descr ibed as follows: commencing at the Northeast corner of said Lot 42; thence run along the East line of said Lot 42 on an assumed bearing of South 01-06'03" East a distance ot 20.00 feet to a point of . intersection of the South right-ot-way line of Old Boynton Road and the West right-ot-way line of Winchester Park Boulevard as now. e)<is-ts, said point also being the Point ot Beginning; thence continue South 01" 06 I 0311 East along the said West li'iqht-ow-way line of Winchester Park BOUlevard a distance of 243.08 feet; thence South 88. 09 1061' West a 'distance ot 307.55 teet to a point along the '.Jest line of said Lot 42, thence North 01"00'3311 West along the West line ot said Lot 42, a distance of 124.60 feet; thence North 89"50'1611 East a distance ot 139.90 teet; thence North 01"00'3311 West a distance ot 127.53 teet to a point on the said South right-ot-way line ot Old Boynton Road; thence North 89-50'16" East a~onq the said South riqht-ot-way line a distance ot 167.26 teet to tho Point ot Beginning. . . / , I I I . .'/ ., I. .: .. . EXHIBIT ',"~~p" ' Legal Description A Portion ot Lot 42, ot SUBDIVISION OF SECTION 19, Township 4S South, Ran9. 43 Ea~t, aa recordod in P~at Book 7, at Pa9~ 19, ot the Public Records of Palm beach County, Florida, less the South 320.00' feet and less the North 20.00 feet'for road right-at-way and being more particularly described as follows: Commencing at the Northeast corner ot said Lot 4{ 2 i thence run along the East line of said Lot 42 on an assumed bearing ot ~outh 01'06'03" East a distance at 20.00 teet to a point ot intersection ot the South right-at-way line of Old Boynton Road and the West right-ot-way line ot Winchester Park Boulevard as now. e)C1S'ts, said point also being the Point ot Beqinninq; thence continue South 01' 06 · 0311 Eas t along the said West 1tiqht-ow-way line of Winchester Park BOUlevard a distance of 243.08 feet; thence South 88' 09 '06" West a 'distance ot 307. SS teet to a point along the '''est line of said Lot 42, thence North 01'00'33" West along the West line at said Lot 42, a distance ot 124.60 teet; thence North 89'50'16" East a dis~ance ot 139.90 teet; thence North 01'00'33" West a distance ot 121'.53 teet to a point on the said South right-at-way line ot Old Boynton Road; thence North 89' 50 '16" East alone; the said South right-ot-"'AY line a distance ot 161.26 teet to. tho Point of 889innin9. ...-- .. . . .. 04/09/97 14:47 SCHROEDER & LARCHE. P.H. ~ 5613756259 NO. 046 [;l01 rn ~ @ ~JlJ7 ~I APR w 9 1991 ' l SCHROEDER AND LARCHE. P.A. ATTORNEYS AT LAW ONE BOCA PLACE, SUITE 319 - ATR!UM 2255 GLADES ROAD BOCA RATON I FLORIDA 33431-7383 TSLECOPIER (561) 241~O;9B BOCA RATON (561) 241-0300 BROWARD (954) 421-0878 PLANNING AND ZONING DEPT. BILLING NO: 'l'ELECOPY NO: TO; TELECOPIER TRANSMiTTAL SHEET 1025-005 (561) 375-6259 FROM: Miohael Haag, Current Planning Coordinator City of Boyncon Beach Alan Pellingra, Esq. Boynton Commons Shopping Center April 9, 1997 ef/) RB: DATE: SPECIAL INSTRUCTIONS; Correspondence of even date. TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 4 ORIGINAL TO FOLLOW: NO CONFIDEI\1TIALlTY NOTE THE INFORMATION C:ONTAINED IN THIS FAX TRANSMISSION IS LEGALLY PRIVILEGED AND roNF!1)BNTIAL tNFORMP.TIOH INTENDED OOLY FOR THE USE OF THE INOIVIDUAL OR SNTlT'i NAMED AAOVE.IF' nm READER OF THIS TRANSMISSION IS NOT THl!: !N'IENDED RECIPISNT, yoU ARE HEREBY NO'f!FIBtl THAT ANY DISSEMINATION. OIST1U!UTION OR COP'ilNG OF TIns TWlSMISSION IS STRICTLY PROHI8ITED.IF YOU HAVE RECSlVED THIS TRANSMISSION IN ERROR, PLSASE IMMEDIATELY NOTIFY us BY COLLECT TE~2PHONE CALL AND RETURN THE oRIGINAL TRANSMISSION TO us AT THE AJ:)J:lR2SS ABOVE VIA '(J. S. MAIL. THANK YOU If YOU DO NOT RECEIVE ALL OF THE ~AOBS P~EASS CALL (3'1) 241-0300 AS soo~ AS POSS!BLE: OUR TELECOPIER NUMBSR IS: (561) 241~0798 04/139/97 14:47 SCHROEDER & LARCHE, P.A. ~ 5613756259 NO. 1346 [;102 SCHROEDER AND LARCHE. P. A. A'I'1'OkNE\'S AT LAW ONE aoeA PLACE, SUITE 319 . ATRIUM 2255 CLADES lOAD BOCA RATON, FLORIDA 33431 .7183 ~I--:~'--;:';- i III ~,J n \\[1 R rn l' !'J If) I ~ LI \1 1.5 :u~r~p~~- 9097l ~ I PLANNING ANO L ZONING DEPT. IOU IlATOW 1407) )41 .OIGO 1I1.0W.o.I0 COUNTY 1m' 421 - 0118 Tn~cOl'l(lI4071 241 - 0798 MIOtAll.A. ~CH~D[R 11/, LAWRtENCJ '-<\11,'"1 . AU" PELI.lNCiItA . /"l.O_IlW< MIl .-UllTtIlfO WILLS,"lISTS ....()m,.lu~"WYt. April 9, 1997 YXA TELECOPIER (561) 315-6259 Michael Haag Current Planning Coordinator City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Boynton Commons Shopping Center Dear Mike: I have been provided with a copy of your Planning and Zoning Department Memorandum No. 91-067 dated April 7, 1997. The subjeot matter of the Memorandum is the Boynton Commons Plat. I would like to discuss with you paragraphs 4 and 5 of the Memorandum. Paragraph 4 has three (3) requirements. The fi rat is to substitute as Exhibit "B't to the Declaration, the Site Plan approved by the City Commission on OctOber 15. 1996. You have faxed me a copy of this Site Plan and we will attach it to the Declaration as Exhibit "B". The second comment pertains to the Landscape Buffer Easement established in the Declaration. You and I discussed this is some detail last week. I believe your conoern was that there be no implication that the inclusion of an off site landscape buffer, replaoe any requirement of the City that there be an on site landscape buffer. When we discussed this, you indicated that the Site Plan approved by the City Commission on October 15, 1996 included the on site landscape buffer required for the project. Therefore, as long as we use this Site Plan in the Declaration, it would be clear that we would need to include the on site landscape buffer. When we discussed this last week, I believe you indicated that this would suffice and acknowledged that an additional off site landscape buffer would simply be an additional aesthetic improvement to the property. I need you to confirm that this is the case so that we do not need to further amend the Declaration to delete the off site landscape buffer. The last matter concerns the recommendation that the Declaration include reference to the off site drainage easement. Please advise if the following language is sufficient: "11.13 QU Site Wa.ter R~~enti9t'. Boynton Beaoh Development Associates, a Florida general partnership and Bill R. Winchester and Elsie A. Winchester have entered into that certain Drainage and Off 84/09/37 14:47 SCHROEDER & LARCHE, P.A. ~ 5613756259 NO.046 Q03 Michael Haag Current Planning Coordinator City of Boynton Beach April 9, 1997 Page 2 Site Water Retention Easement Agreement dated April 11, 1997 (the "Agreement") which Agreement to be recorded in the Public Records of Palm Eeach County, Florida, provides for drainage and off site water retention for the Shopping Center. II The second comment I would like to address is set forth in paragraph 5 of the Memorandum. This comment requires that certain language be added to the Drainage and Off Site Water Retention Easement Agreement. We have previously faxed this language to Tambri, but I wanted to confirm that it wa.s acceptable. The language which has been added to the Drainage and Off Site Water Retention Easement Agreement is as follows: 1118. C:i.~y of Boynton Beach. The parties recognize and agree that the establishment of the easement created hereby shall in no way limit or restrict the rights of the City of Boynton Beach, Florida, in conjunction with any applioation for the development of all or any portion of the Winohester Property, to require, in accordance with applicable City codes, that the easement or the water retention area be relocated to another location on the portion of the Winchester Property being developed.1l we expect to close our construction loan on Friday, April 11, 1997. The reason I have been trying to reach you by telephone is to discuss these matters in advance of the closing. I understand that you have been in a number of meetings over the last two days and have not had an opportunity eo return my call. Therefore I I 04/09/97 14:47 SCHROEDER & LARCHE. P.A. ~ 5613756259 NO.046 [;104 Michael Haag Current Planning Coordinator City of Boynton Beach April 9, 1991 Page 3 would appreciate your reviewing this letter and contacting me to advise ~f the changes suggested herein are acceptable. Very truly yours, ALAN PELLINGRA AP;ej cc: William M. Sulzbacher, Executive Vice President, Saita International. Inc. (Via Telecopier) Donald B. Stiller, President, Boynton Commons Corporation (Via Telecopier) Michael A. Schroeder, Esq. Judy Jocis, Legal Assistant (J:\7\CLIENTS\STILLER\TITLE\HAAG.409 1025-005) '11ie City of 'Boynton 'Beach C 7 jV-""1 100 'E. 'Boynton 'Buu:Ii 'Boukvartl P.O. 'B~310 'Boynton 'Beadi, :rforUfa 33425-0310 City 9la/I: (561) 375-6000 1"M: (561) 375-6090 March 18, 1997 Mr. Barry L. Musselman Group Vice President SouthTrust Bank Riverfront Plaza East Tower 951 East Byrd Street, Suite 610 Richmond, Virginia 23219 RE: Boynton Commons Shopping Center, Boynton Beach, Florida Dear Mr. Musselman: This letter is a verification of the currently approved development orders for the Boynton Commons Planned Commercial Development (PCD). The site currently has a Master Plan approval for 213,650 square feet of retail shopping center. This approval was granted August 1996, with comments, as outlined in the Development Order signed by the City Attorney on August 20, 1996. The site plan for the project was approved in October 1996, by the City Commission, following the outline and square footage established by the Master Plan for the project. This site plan was approved with comments as outlined in the Development Order signed by the City Attorney on October 15, 1996. Currently, the developer has submitted to the City for plat and engineering plan approval. These plans are proceeding through the normal review process through the Engineering Division of the Development Department, with our department reviewing the documents for consistency with the currently approved site and master plans. With the site plan approval, the developer has the ability to submit for building permits on the project. These building permits, however, cannot be issued until the plat has been signed and recorded in the public records. Very truly yours, ~, /' ,. -.. ,; .; ~;: f', ' ' ~/J /..,/,//.., _ ':L--v)i_i t-' '!--'l. ~ ',.....;-L<-ft,l..J.,;'",'-- v-r _ .../'~- I Tambri J. Heyden~ AICP- Planning and Zoning Director TJH:arw D'\SHARE\WP\PROJECTSIBOYCOMM\PLA tlBOYNCOM,TJH jtmerica's gateway to tfu (jutfstream SCHRo~nE~ ~ND LARCHE. PIA. ATTORNEYS AT LAW ONE BOCA PLACE, SUI1'E 319 - ATRIUM 2255 GLADES ROAD BOCA RATON, FLORIDA 33431-7383 TELECOPIiR (561) 241-0796 BOCA RATON (561) 241-0300 BROWARD (954) 421-0878 NO.016 !;J01 ---F.- rr-',E~:D1 ~ ~ Uli[~:;~-;;~~ Pll\NNING I\NTD ZONING OEP . 03/28/97 09:24 SCHROEDER & LARCHE. P.A. ~ 4077387459 BILLING NO: TELECOPY NO: TO~ ~ECOPIER TRANSMITTAL SijEET 0010-050 (561) 375-5090 FROM: RE: DATE: Tambri J. Heyden, Planning and Zoning Director planning ~nd Zoning Department Ci~y of Boynton Beach Michael A. Schroeder, Bsq. Boynton CommonQ Shopping Center March :28, 1997 SPECIAL INSTRUCTIONS: Correspondence of even date along with enclosure referenced therein. ~ TOTAL NUMBER OF PAGES INCLUDING T~.S PAGE: 0) ORIGINAL TO FOLLOW: NO we u9 ~~ QONFIDENTIALITY N~~E THE INFORMATION CONTAINED IN THIS fAX TRANSMISSlON IS LEGALLY PRIvtLIGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE :tNOIVIDVAt- OR P'UTY N.AMSD ABOVE. IF THE READSR OF THIS TRANSMISSION IS NOT pm I1'fTEl'iIOBn RaCIPIENT. YOIJ ~ lIERES'l NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION 0& copn~G OF '!'HIS TRANSMISSION IS STRIC"l'LY PROHIBITED. IF YOU HAVE RBCJ:;lV1'lO THIS 'I'~BMISSION tN &:RROR. PLEASE IMMEDIATELY NOTIFY US BY COLLEC'I' ~ONE CAtW >>1tl R1:l'I'UlUl TH&: ORIG.!N.ll TRANSMISSION TO us AT TItS ADDRSSS ABOVE VIA u. S. MA!L. THANK YOU IF YOU DO NOT RECEIVE ~L OF TH~ P~GBS PLEASS CA~ (5'1) 241M0300 A5 soo~ ~ PO~QlaL~ OUR TSLECOPIER NUMB~R IQ: (~6l) 241MQ796 7-x\T~ 'TO ~ 1\ I\QA+ Lb UsCUV\w-r . 03/2:::V97 SCHROEDER & LARCHE. P.A. ~ 4077387459 0'3:24 EX1IIBIT !IAn tICAL tllSCUPTIOlt A pAJtCEt, OF l.AND SITUATE IN SEC110NS &9 AND )0, TOWNSHIP 45 SotmllANCiE 43 EAST. BaNG A PORTION OF LOTS 39, 40, on. 43 AND .... OF mE SUBDMSlON OF SECTION 19. TOWNSHIP 4S SOt.mf. It.AN(i! 43 EAST, AS lECORDED IN Pt.AT BOOK '. PAGE 19 OF nm Ptr:dLlC P.ECORDS OF PALM BEACH COUNTYt FLORIDA. AND A PORTJON Of LOT · A., BL~K t AN" A POllTlOH OF LOT ~A -,BLOCK 2 0' TMI! SUBI)IV!srON OF PAt.M 8!A~H FAIUiIS COMPANY PLAT NO.8 OF SECTION 3D, TOWNSHJP 45 SOutH, RANGE 43 EAST. AS RECORDED IN PLAT BOOK 5. PAGE 73. OF mE PUBLIC RSCOIDS OF PALM BEACH COUNTY. F\.OIUDA. BEING MORE PAll'l1CULARL Y DESCR1BED AS fOLLOWS: COMMENCING AT THE SOl.:THlAST CORNI!Il OF SECTION 19, TOWNSHIP'" SOUTH. RANOE 4) EAST; THl!NCE soirrH 8'M:r4T WEST ALONO niB SOUTH l.INE OF $Alt) SECTION 19. A DISTANCE or dO.or FE!TTO A POINT ON THE weST lUGHT OP WAY LINE OF' CONOltESS ,~veNUE AND TliE POM OF ae:GrNNlN<i~ THINe! SOtrrK OI~2t4J" EAST .~ONO THE WEST MOHr OF Wt\ Y LINE Of SAID CONGRESS A VEMJE, A DISTANCE Of 11.50 fEET; THENce SOU"11f 11932"4'" \WST ALONG A UN! 11.50 FEEt SOUTH Of AND PARAI' r EJ WITH nee NORTH LINE Of SEenON' JO, TOWNSHIP 4' SOUTH, RANGE 43 EAST. A DISTANCE OF 190,03 fCET~ THENCE SOIJTKOl~40. EAST, ADISfANCE Of 42.S1 FEET; lHENCESOUTH a 7"'37.'41"' WEST A1.0NO A LfNE 60.00 fEET SOUTK OF AND PARALLEL WITH THE NORTH LINE Of SAW SECTION 30, It. DISTANCE OF 422.95 FEET TO THE EAST UNE OF LOT 04A". BLOCK :1 OF SAID PLAT OF THE PAI..M BEACH fARMS CO. PLAT NO.8: mENCE NORTH o t jJ t2'S3" WEST ALONO SAID EAST LINE. A DlST ANCE OF 35.0t FEET to A LINE 2' ~T SOUTH OF AND PAB.ALLEL wmt THE HOlm LINE OF SAID SEcnON 30; THENCE SOUTH 17"32'41" WEST ALONG SAID PARALl.EL LINE. ADISTANCE OF 28.10 fEET: nmNCE NORm ~1"!:1. WEST. A DISTANCE OF 115.31 FEET; THENCE SOUTH "'16'~. WEST. A DISTANCE OF 269.64 FEE'r TO A POINT ON nm EAST RIGHI' OF WAY LINE OF 'WINCHES'In PARK SOULEVARD. SAID POINT BEING ON A ctJRVE CONCAVE TO THE EAST HAVING A CHOlD BEARING OF NOllTH 08.U~1t EAST. A RJ.DIt1S OF 2193.99 FEBT. A. CEN'I'R.AL ANGLE OF 060S~6d; THENCE ALONG SAID ItASTIUGHTOP WAY LINE NORTHDLV 267_19 FEET ALONG "!HE ARC OF SAID CUllVE. TO A POINT m'.REVEUI! Cl1R.VE CONCAVE TO THE WEST HA.'ITN(~ A CHom BEARJNG OP NoaTH QSlt18'2". BAST. A .R.ADIUS OF 2149.31 FEET. A CEN'l.'llAL ANGU: OF IraISO-; THENCi CONTINUI! ALONG SA1D BAST lUGHT OF WA.Y LlNE NOR,1lIERL Y 410.71 F&ET ALONG THE A1lC OP SAID CUR.V2 TO A. POINT OP TANGDlTCY. ntENCE CON'l'lNUE ALONG SAD) iAST lUGR'f OF WAY IJNB NOR.TH Otll()6~'" WEST. A DlSToUfCE OF :2,23.72 FEET; 1'HENCE CON'J'DftJI ALONG SAID EAST JJGHT OF WAY 1JNB NORTH 4"~'O8" EAST. A DISTANCE OF 35.64 Jl'EBT TO A POINT ON THE SOU'm RIGHT OF WAY LINE OF OLD BOYNTON ROAD; mENCE NORm "050'2.2" SAST, ALONG mE SOUTH RIGHT OF WA V LTNE Of OLD BOYNTON ROAD. A DISTANCE OF 163.?2 PEET; mENa SOlJTtf 45"'46"1'"' EAST. A OtST ANC! Of 34.9& PEET TO A POINT ON THE Wl!ST RIGHT Of WAY LINE OF CONOIlESS A V!N'UE~ THJ!NCE A1.0NO 1'KE $AJJ) WEST RJOHT OP WAY LINE OF CONCiRESS AVENl.'B SOUTH 01"22'43" !:AST. A DlSTANCl! OP 11~.94 Pl!ET TO THE POINT OF BEOntfNINo. NO.016 [;102 03/28/97 09:24 SCHROEDER & LARCHE. P.A. ~ 4077387459 HO.016 [;103 r., 1XH%laIT "su ,. Lot A ancI that Pazot of I.ot B Bozotb of State Roael 804, of Block ", and .11 of Lot:. A anc1 that part of Lot I Hozoth of State Roaci 80t of aleck 5, PALM BMCH 'ARMS CO., Plat No.8, all land lying in Section 30, ToWlUlbip "5 South, Rugo .3 Ba.t, ,.1m Beac::h Counl:y, F1Qz-ida and Tract 41 of efte Subd1ViSion of Section 19, Township 45 South, Range 4J.Z..t, LlSS the t19ht of way for Boynton Road, according to tbe PItt ther." .. ~.cocded 1n Plat Book 7, 'a'8 19, of the Public R~~rds of' .ala IHCb county, rlocida . ,~ IlJ1d Tracts 45, .', ., ucS 50,. .ccordl~ to tho ..;1. _ch Miill'd. Land and Developnen1: COIIpUly Plat recordlid in plat Book ", Page 19 I 'alm seaeh COWley COU'1: MCO., u4 .1110 c1e8C:l:'ilHtcS .. tlul . 1/2 Qf the S 1/2 of the 1f 'J./a or tM sa 1/4. of 8egt100. 1', Town8h1p 458, Range 43 BUt, Pal. Beach COUIlcy, ,1orida and. The 80uth 3ao feet of Lot ta, SUbdivielou seQt10n 1', 'I"ownebip ""s sout.b, Range 43 .ut, zoec::omecl U '1.~ Book '7, '&98 19, of the PUb:U.o I.eco=- of Palm ...c:h C'cRq1.ty, Plor1cSa. I I; I '" ~; fi [rj,/:28/9? 09:24 SCHROEDER & LARCHE, P.A. + 4077387459 NO.0i5 [;104 " ZlHIllT "e" ATLANTIC CARIBBEAN MAPPING, INC. PROFESSIONAL SURVEYORS.AN',D.MAPPERS SKETCH AND DESCRU'TION OF A DRAINAGE EA..'JEMENT LEGAL DESCRIPTION: A PARC~L OF LAND LYING IN SECTION 19, TOWNSHIP 45 80U'l'H. RANOB 43 EAST, SAID PARCEL BEING A PORTION Of WTS.u, 4S .AND 46 OF THE SUBDMSION OF SECTION 19, TOWNSHIP 4S SOUTH, RANGE 43 EAST, AS .RECORDED IN PLAT BOOK 7, PAGE 19 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORlDA, BRING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASt CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, THENCE NORTrl 01\>22'4)" WEST AWNGlHE EAST LINE OF SAID SECTION 19. A DlSTANCE OF ;223.02 FEET; 11ffiNCE SOUTIl89I1SO'22" WEST ALONG THE CENTEIU.INE OF OID BO'YNI'ON R.OAD, A DISTANCE Of' J517.97 FEET; THENCE soum 00009'38" BAST, A DISTANCE OF 40.00 FEET 1'Q t\ fOD'rr ON THE SOtJTH RlOH! Of WAY LlNF. OF OJ.D RnYNTON ROA 11: 1lffiNr.F. SOl mJ 01"00'33" EAST. A DISTANCE OF 260.03 FEET TO THE POJNT OF BEOJNNJNCl THENCE. NOR.TH lW2.4'5S" EAST, A DISTANCE OF ].64 FEET; THENCE NOR.TH sr09'1 t" BAST. A DISTANCE Of 536.41 FEET TO A POINT ON 1"HE WEST RIGHT OF WAY 1JNE OF WINCHESTER PARK BOULEV ARD~ THENCE ALONG SAID lUGHT OF WAY LINE. SOUTH OlIl06~06" EAST. A DISTANCE OF 793 Fur TO THE BEGTh.TNINGOF A CURVE CONCAVE TO mBWBST, HAVJlt,TGAJlADJUS OF 2041.31 FEET..AND A CENTR.AI.ANGl.E OFOjOl1'Jl"; THENCE sot.r'rdlilU-Y ALONG SAIDWBST RlGHTO:FWAV LJNEAND THE ARC OF' SAID CUR.VE, A. PIS! A..'1CE OF 4~.46 FBBT; THENCE SOUTH 88053'54" WEST, A DISTANCE OF 25,01 FrJ.1T TO Ii. POINT ON A CUltVE CONCA VB TO nm WEST, FllOM WHICH A RADlAL LINE BEARS NORTH g'}o53'42" WEST, SAID CURVE HAVJNG A RADIUS OF 2016,31 mET, AND A CIWrRAL, ANGLE OF 010<14'44"; THENCE NORTHERLY ALONOTHE Aile OF SAID CUllVE., A DlS:T~rcg Ot n,97 FmlT; THIDJCB SOUTII BlJOOg'111l wnST; Al>lSTANCU Of' 494.85 FEET, THl3'NCE SOllTH 44924'S5" WEST, ,A DISTANCE OP 24.89 FEET; THENCE SOUTH 01000'33" EAST, A DISTANCE Of" 2Jl.~ fEET; nmN~ SOUTH 19.~'2rWEST, A DISTANCE OF 300.03 PEEr; THENCE NOR.TH 01 eocy'3~ WEST, A DJSTANCti OF 2150.03 ,fEET; 'THBNCJ! NORTH 851"50"22" EAST. A DIS'I'ANCE OF 300.03 fEET TO THE POlNf OF BEGJNNJNO. CONTAINING 1,964 ACRES (!'~.6 SQUARE FEET)1 MORE OR LESS. SURVEYOR'S NOTES: ], LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR lUGHTS OF WAYS AND/OR EASBMENTS OF RECORD OR. OWNEllSHIP. 2. 1:iE LAND DESCRIPTION AND EASEMBl'Ii"TS SHOWN HEREON ARE IN ACCORD WITH THE DESCRIPTION PROVIDED BY THE CLIENT. ), ADDmONS OR DELETIONS TO SURVEY MAPS OIl REPORTS BY OTHER mAN THE SIGNING PARTY OR PARTJES IS PROHIBITED WITHOUT WlUT1'EN CONSENT OF mE SIGNING PARlY OR PARTIES. 4 THIS PARCEL IS SUBJECT TO All EASEMENTS. RESEllVAnoNS. RIGHf..oF.WAY AND RESTRICTIONS OF RECORD. IF A'to."i. 5. THIS IS NOT A BOUNDARY SURVEy, SURVEYOR~S CERTIFICATION: 1 ru::ReBY CERTIFY THAT 1HE SKETCH AND DESCRIPTION SHOWN HEREON IS TRUE AND CORRECT TO TIm BEST Of MY KNOWLWO~ Al'fl) BELIEf. I l'UKTHBR CERTIFY THAT THIS SKETCH AND DESCIUPTIONJ~~ETS APPLICABLE MINIMUM TECHNICAL STANDAlIDS SET FORTH IN RULE 61017~ ADGPlffl't, " FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPEaS, PURS~Y" ~?f~ :,' ",; 'rATU1'I!47%.021. SfJB1ECTTOTHI!QVALIFICATIONSNOTED~REON, ~~~ t" ... ,; " ,S~(fNATUlU! AND OIUGlNAL RAISED SBAL 0' A PLOlUDA UCENSIYJ ~}~ ... ~ft,~ '''. '~':~;~",' : "ff'.' ~ · ~ 1.\....'. (' ~:''''':',~ ;\r~'." '; 4!1 ; i~I'~':.. ~"I '~ ~.q;.. :' DAlE FEBRUARY 25 1!W7 '. ' :, , Sf:lUT 1 01' 2 3062J'QaRoaol- <ItomwlM,Fklrida3J46'7 (S61) 964-7884 . Pax{S61)9fi4.l9E!) m Gt (.ft "I :8 31 . I .. ~I; 1::--' I~ I I , I I -J ~l '1 ~ 03/28/97 SCHROEDER & LARCHE, P.A. ~ 4077387459 09:24 I I,. I 1-, THIS: 'JS,UftT A 801~'.' Ift'i" '8YM~' " .' 'Y , , . . . . NOt I DO' 33' M 2&0. 03" :.: 260. 00' POINT OF BEGINNJNG SOt. 00' 3:f1 E 260. 03' f\J ~ 8 ~ 12. 00' 1 l I . I I I , I I I = z ~ ~ IJ .. ... s - - .. en . - l1J =-: ~ . m $,R (II III . ~ CJI ~ .... .. . -= ..... z .. ~ i!. g gm "": -.. 1=:; . SOl'06'068e 7.8? WINalBSTBR PARK BJlJLBVAItD - - - 1 A"'20~i. 31' I a-t' 11' 311 A-42. oIi' 1 ~POINT OF COMMENCEIDT I SOUTHEAST COlIER OF SECT I ON 19. TOIMH I P A!i SOUTH. RANGE 43 EAST , JL CONORB8S AVBIftJB - -NDl'22'.3IW t223.~ -IL- - ... NO.016 [;105 ~ t I I !e I I I SOO' 091 381 E 40. 00' ADt DUr;:: t:AD ~ILE:9603BDE oa-03-97 LE:t.. tOO" TS503B SHEE 2 OF:il et3/28/97 ,~ -~ - il '/ 09:24 - ....J I~' .J ,. , 5CH~OEDER & LARCHE, P.A. ~ 4077387459 NO.016 ~06 . ' '. . , , IXHlBU ~~i!b" .; \",..... "" Le9al De8Cr,1ptloft A Portloft of Lot 42, ot SUBDZV%SION OP 8Ier%OM 19, Township 4' South, a.n~. 4' ...~, .. ~.CQ~4.d in Pl.~ Book 1. a~ pa~& 1', ot the P\ll:Jlio a'oor-cle of PalM beach County, Florida; less the South 320.00 feet and 1... the North 20.00 feet' for road rtqbt-ot.vay and b.lnq .ore pal't1cularly described as follows: . Commencin9 at the Northeast cornel" ot saic! Lot 42: thence run along ~h. East line ot said Lot 42 on an assumed bearift9 ot South 01'06'03" Bast a distance ot 20.00 teet to a point ot . int.er..otion of the South ~19ht"of"way line of Old Boynton Road and the West r19ht-of-way l1ne at Wincheste.r Park Soulevard as now. 8)CIB"t., aaid point also bein.g the Point ot ae91nnlnVI thence continue South 01.0"0311 Elst alonq the salel We.t. S'i.9ht-ow-way l!n. of winchester Park Boulevar:c1 . cllabanoe of 24'.01 ,..t:, thence South Ie' 0910'1' Was;t a 'cu.G".n.. of 30' .15 f..t to . ,ob.' .10n, the '''eat ling of aAld Lot 42, '1\8ft08 NOl"\h 01'00"'" Weat 010n9 the w..t line 0' ..1d Lo~ 41, a d1atano. 01 124.60 t..t, thenC8 No~th 89. SO 116" B..to . cU..tano. of 13.. '0 f..t, ~n.ftc. Nort.h 01.'0013)11 Wo.t. a dJ..t.anc. 01 121'.53 f..t. t.o a poi.n~ on the ...14 sout.~ Z"Llib~-oC-WAY 1.Ln. 01 Old eoynton Rood. thent;. North .,. 50 1.1.'" B..t. e2;on, ,he .aiel G.\I~ lrl!h~-ot-~/.)" line a diataftce of 1.".2' f... '..tho '~Ln_ o. "9 ftnln,. , ',; .,' ,\.jIt,...' ~. '1;f' .. . . . . ',~ ' .~- .: .. 03/28/97 09:11 SCHROEDER & LARCHE. P.R. ~ 4077387459 sc~nlO!n~~ ~ T.1. ~ eRE. P. A. ATTORNEYS AT LAW ONE BOCA PLACE. SUITE 319 - ATRIUM 2255 GLADES ROAD BOCA RATON, FLORIDA 33431-7383 TELECOPIBR (561) 241-0798 BOCA RATON (561) 241-0300 6ROWARD (954) 421-0878 1'-10.015 [;101 ,: .,,"\ fi' r~~uwrn ill ill lS MAR 2 8 1991 PlANNING AND ZONING DEPT. BILLING NO: TELECOPY NO: TO: TELECOPIE~ TRANSMITTAL SHEB~ 0010-050 (56l} 375-6090 FROM: Tambri J. Heyden, Planning and Zoning Director Planning ~nd ~oning Department City of Boynton Eeaoh Michael A. Schroeder, E&q. Boynton Common~ Shopping Center Ma.roh 28. 1997 REi DATE. SPECIAL INSTRUCTION'S: Correspondence of even date along with enclosure referenced therein. TOT1lL NUMBER OF PAGES INCLUDING THIS PAGE: ORIGINAL TO FOLLOW: YES CONFIDBNTJALITY NOTE THE INFORMATION CONTAlNEtl IN THIS FAX TRANSMISSION IS LEGALLY PRIVILM!tJ AND C'aWIDE:N'l'IAL INFORMATION INTENt>ED ONL'l' FOR THE USB OF THE; INDIVIDUAL OR 9'nTY NAMSD 1lBOW. IF THE READER OF THIS TAANSMISStON IS NOT THE INnNDEII ItSC!E'Imtt, YOU Ma fiSR,&BV NOTIFIED THAT ANY DISSEMINATION. OIS'!'RIBUI'ION OK COPYIlVG Of' TaIa TRANSMISSION I~ STRICTLY PROHIBITED. IF YOlJ HAV!: RECEI~I1 THIS TRl'aNSM:r.eB:r;~ IN E:AAO~, PLEASE IMMEDIATELY NOTIFY VS BY COLLECT TBLEPHONS ~ AND ~ETURN TH~ ORIGINAL TRANSMISSION TO US AT 'I'HE ADDRESS 1.BOVE VIA U'. S. MAIL. T~.NK 'IOU' IF ycru DO NOT RECEIVE ALL OF THE PAGE5 P~ASB ~LL (56l) 2~1-0300 A$ 500N AS POSSIBL~ OUR TE~ECOPIER ~ER IS; (5~1) 241-07ge 03/28/97 09: 1.1 SCHROEDER & LARCHE, P.H, ~ 4077387459 NO.015 [;J02 AtTOaNnS AT LA'" ON! tOeA "L.ACE, SUITE il9 . ATRIUM 22" ClI.API!S ROAD BOCA RATON, FLORIDA 33431 . H83 rOO'=D'-E~ @ ~ n ]Cl,,~, ' MAR 2 8 !~::' ! u ! ~)I'~ -__-.J PLANNING fIND ZONING DEPT. SCHROEDER AND LARCHE, ~A. MIr;IlIIEL A, 5C~IIOEDEIl W, lA.WRlNCE LU.CHE . AL"III ttu''''OllA . nORmA !IoU 80AADCUfllliQ WILLS, faum I\NO ~An!S ~"wvt. IIOCA lIATON 'C071 Z41 . 0300 8AOwAIID COUNTY I".' 421 .0878 'Tl:L~OPll:lt lolOTI ~I . 0791l March 2B, 1997 V%A TBLECOP%ER (561) 375-6090 Tambri it. Heyden Plannins and Zoning Director City of Boynton Beach Flanning and Zoning Department 100 E. Boynton Beach Boulevard Boynton Be~ch, Florida 334aS-OjlO Re: Boynton Commons Shopping Center Dear Tambri: In aocordanoe with our meeting YElsterday, attached is the reviaed Drainage and Off Site Water Retention Easement Agreement which clearly reflects the changas whioh were made. Please review the revised Agraem$nt and provide me with any comments you may have at your earliest possible ~onvenience. Thank you for your attention to this matter. MAS:sj Enclosmre cc: Mr. Joseph Lelonek (wjenclosure via telecopier) Mr. Joel Wantrnan (wfenclosure via telecopier) Donald B. Stillerj President I Boynton Commons (w/encloaure via hand delivery) ~A~~1h.u~4Vn MICHAEL A. s~-~-~ corporation (J:\7\CLIENTS\STILLER\TITLE\HEYDEN.328 1025-005) 03/28/97 SCHROEDER & LARCHE. P.A. ? 4077387459 HO.015 ~03 09:11 PREPARED BY AND RETURN TO: MICHAEL A. SCHROEDER, SSQ. SCHROEDER AND LARCHE, P.A. OnQ Boca Place, Suite 319A 2255 Glades Road Boca Raton, Floriaa 33431 nRA%NAGE .AHD OFF SITE WATBR RETENTION E,.sEMENT AGREEMENT This Drainage and Off Site Water Retention Easement Agreement (the -Agreementll} is executed this dar of I 199', by Bill R. Winchester and Elsie A. Wlnchester (collectively referred to as "Winchester") and Boynton Beach Development Associates, a Florida general partnership {the "partnershipll). R B 0 I TAL S: A. Winchester has sold to the partnership certain land located in Palm Beach County I Florida and legally described. on Exhibit "A" attached hereto (the "Partnership Property"). B. Wi.nchester is the owner ot land lying west of the Partnership Property which land is descr1bed on Exh1bit. ":e" attached hereto (the IIWinchester property"). In connection with the sale by Winchester ot the partnership proper~y to the Partnership, Winchester has agreed to grant to the Partnership a perpetualt non-exclusive easement for drainage and off site water retention over I ac:::rOSB, un<1er and through a portion of the Winchester Property (the "Easement property") I which Ea:sement Property is legally described on Exhibit "C" attached hereto. C. Winchester and the partnership have agreed to enter into th~e Agreement for purposes of grantin9 the off eite water reeencion easement and agree ins to oertain other matters related t.heret.o. 95-0'70/1025-005 Page 1 of 13 03/28/97 0?: 11 SCHROEDER & LARCHE, P.A. ~ 4077387459 NO.015 [;104 NOW. THEREFORE. in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recit~l~. correct. 2 . Drainaqe and Off ~i t:e Water R.etention Easement. Winchester hereby grants to the Partnership, its successors and assigns, a perpetual non-exclusive easement over, above, along and under the Easement Property for purposes of installing, constructing, maintaining, repairing, replacing and renewing, at the Partnership's expense, drainage and off site water retention improvements for the Partnership Property. The Recitals set forth above are true and 3. Construction of Drainage and Off Site Water Retention Facilities. A. The Partnership shall, at its sole cost and expense, cause to be constructed on the Easement propercy, drainage and otf site water retention !acl11ties tor the partnership property (the uDrainage Fac111ties"~. The partnersbip shall be responsible for repairing any damage done to the W1nchester Property in connection with ~he construct1on of the Drainage Facilitie5. The DrainAge Faeilities shall be (1) in all respect5 sufficient to serve both the partnership property and the Mall Corner Property (ae hereinafter defined); (11) except for the retention area of approximately two hundred sixty (260') feet by three hundred (300') feecJ in all respecte 5ufficient to serve the Winche~ter Property as it may be from time to time developed and occupied; and (iii) constructed strictly in accordance with the requi~ementa of applicable laws, rules, codes, ordinances and other requirements of governmental entities. B. Prior to commencement of the conetruotion of thQ Drainage F~cilitiea, the Partnership ~hall deliver to Winchester (i) certific~tea of ineurAnce and copies of applicable policies providing compreheneive general liability coverage in an amount of not lesf! than One Million Oollare ($1,000,000.00) and with a deductible of not leas than Ten Thousand Dollars ($10,000.00) namins Winchester, Klatt-Winchester Partnership, a Florida general partnership, Erneat F. Klatt and Violet Klatt, individually, Mall Corner, Ino., a Florida corporation, and ~he Ernest Klatt a/k/a Ernest F. Klatt Revocable Tru~t under Agreement dated May IS, 1990, as from time to time amended, and Ernest Klatt and SunBank/South Florida, N.A., as Co-Trustees and Violet Klatt, Alford Klaet and Sill R. Winoheater, as Special Real Estate Trustees, and their gS-0'70/1025-005 Page 2 of 13 03/28/97 09: 11 SCHROEDER 8, LARCHE. P. A. ~ 4077387459 NO.015 [;105 respective successors (collectively, the "Winchester Groupll), as ~ddltional insureds, which certificates and policies shall include provisions and provide coverage reasonably acceptable to Winchesterj (ii) a copy of the Contract for the construction ot the Orainage Pacilities, which will only be for the oonstruction of the Drainage Facilities on the Easement Property and for no other facilities or improvements including the Shopping Center to be constructed by Partnership on the Partnership property: (iii) a copy of the Notice of Commencement recorded in the Public Records of Palm Beach County, Florida, but only after having first ootained from Winchester the priQr approval of the proposed Notice of Commencement, which Notioe of Commeneement shall d.escribe the property to be improved as the easement rights or the partnersn1p in the Easement property and shall describe the improvements to be made as the orainage Facilities/ and evidence that the recorded Notice of Commencement has been posted on the Easement Property in aocordance with applicable law; (iv) a written statement from any person or entity, contractor, subcontractor, laborer or mat.erial supplier who has performed work or rendered servi~e~ or provide labor or materials, in conjunction with the con6truction of the orainage Facilities acknowledging that 5uch perBon or entity shall look solely to the Partnership ~nd its easement interest in the 5asement Property for payment in conjunction with euch work and confirming that such person or entity has no right to fil~ any lien aga1net the ownership interer:st of Winchester in the Easement Property, the Winchester P~operty or any cl~im againet Winche~ter in conjunction with ;eluch work or ~ny payment due with reepect thereto; ~nd (v) copies of the plane and specific~tion~ for the Drainase Facilities, which plana and specifioations must be approved by Winchester prior to submission to the City of Boynton Beach, which approval ehall not be unreasonably withheld or delayed ~nd a copy of all permits requi~ed to construct and operate the Drainage Facil i tiee . Notw1thetanding a.nything to the contriil.:e'Y contained herein, all fill or dirt excavated in oonnQction with the construction of the Drainage Pacilities, which ifiJ not used in the construction of the Drainage Facilitiesj ahall be placed adjacent to the Drainage Faoilitiesl shall be the property of Winchester and may be used or aold by Winchester at Winchester's sole discretion. C. In the Eilvent ar...y par80n or entity providing labor or serY'ioes or providing mat61rialQ in conjunotion with th@ oonstruction of the Drainage Facilities shall file a lien against ~he Easement Property or the Winchester Property. the Partnership shall indemnify and hold harmless Winchester from and against any and all claims asserted by any such person or entity and shall, no later than five (5) days after written notice thereof. cause such lien to be satisfied or transferred to bond. 95-010/1025-005 Page 3 of 13 03/28/97 09:11 SCHROEDER & LARCHE. P.A. ~ 4077387459 NO.015 [;106 D. The Partnership, its successors and assigns, shall indemnify, defend. and hold harmless each of the peraona and entities comprising the Winchester Group and their respective partners, employees, agents, successors and assigns from and against any and all claims, actions, damages, fines, liabilities and expenses (including without limitation reasonable attorneys' fees, court costs and expenses, whether at arbitration, at trial, on appeal or in any bankruptcy or post judgment proceeding) which may be imposed upon, incurred by or served aga1nst them/ including, but not limited to, those incurred in connect1on with loss of lire, personal injury anO{or property damage, or any of them. arising from, or out or or related to the conscruction, operation, ma1neenance and use of the Drainage Facilities. 4. Maintenance and Other E~enges. A. partnership shall, at 1ts sole cost: and expense, maintain in good repair an~ condition the Drainage Facilities~ accordanee with the re~~rementB of tbe City of ~oynton Beach. B. The Partnership shall pay to Winchest.er. wi thin twenty (20) days of receipt of a copy of the t.ax bill and el computatiQn of th~ Partner~hip'~ prorata share of auch ta~ bill, real e5tate taxee ~d ~eeeeamcnts for the B&aement ~roperty. The P~rtner5hip acknowledgee that the Easement Property will not be $eparately $aseesed and that the tax bill to be used for purpoees of making the compueation shall include the Easement property. The Partner~hip further agrees that the real estate taX$$ and l.lsseeemente for the Easement Pxooperty sha.ll be determined by multiplying the total taxes and assessments reflected on th9 tax bill by a fraction, the numerator of whioh will be the acreage of the Easement Property and the denominator of which will be the eotal aoreage of the land covered by the tax bill. C. The Partnership shall maintain, throughout the term of this Agreement, the insurance desoribed in paragraph 3.g above. No later than thirty (30) days prior to the expiration of su~h policy, the Partnership shall provide Winchester with evidence that such policy hag been renewad for an additional year. In addition to the requirements set forth in Section 3.B above, t.he policy shall provide that it will not be canoeled or modified without Winohester having first been provided with thirty (30) days prior written notil:!e. O. Notwithstanding anything to the contrary contained in this paragraph 4. in the event the Drainage Facilities are not used exclusively by the Partnership (as contemplated by paragraph 9$-070/1025-005 Page 4 of 13 03/28/97 09:11 SCHROEDER & LARCHE. P.A. ~ 4077387459 NO.015 GJ07 6 hereof), the Partnership shall only be responsible for its prorata share of the real estate taxes aeecribed in Earagraph 4.B and shall be entitled to be reimbursed for the other parties I prorata share of reasonable maintenance costs expended pursuant to paragraph 4.A. 5. Relocation o~ Drainag-e Pacili~ies.. T~e Partnership acknowledges anQ agrees that Winchester may, ~n their sole discretion, elect to relocate the Drainage Facilities to another location. The relocation of the Drainage Facilities shall be at Winchester' B sole cost and expense and shall cow,ply with all requisite governmental requirements and approvals. The Partnership shall have the right to review and approve the plana and specifications for the new drainage fa.cilities, which approval shall not be withheld or delayed so long as such relocac1on does not (i) interfere with the ongoing bUsiness operations ot. the Partnersh1p on the Partnership property; or (11) prevent the continuous drainage of water :!:10w1ng from the partnership Property. Upon completion of construction of the new drainage facilities, the ~artner6hi.p anCl winchester shall execute an amendment of this Agreement substituting the legal description on which the new drainage facilities are locateO tor tfie legal deecription attached here"Co as Exhib1 t lie". IS. tJse~~9~ tJrll1nage !'acili~i.es. The Partnerahip acknowledges and agrees that it has a non-exclusive right to use the Drainage Fac1l1t1es and Winchester shall be permitted to connect ita own drainage facilities to the Drainage Faci11t1ee or otherwise U8e the Orainage Facilitielit for drainage and water retention for t.he Winchester Property, and .hall be further permitted to grant eimilar rights to the owner of the property de~cribed on Exhibit HO" attached hereto (the "Mall Corner Propertyl1) for purposes of drainage and water retention fer the Mall Corner Property, provided that the uae of the Drainage Facilities by Winohester or by the owner of the Winche~ter Property or the Mall Corner Property would not cauee the Partnerehip to be in violation of the raquirem&nt~ of applicable governmental authorities with respect to the Drainage Facilities. 7. L~e4~ion of Lien Ri9hta. Notwithstanding anything to the contrary contained herein, no intere&t of Winchester hereunder or any other intereet of Winchester in the 2asement Property shall in any manner be subjgot to lien, claim, demand or imposition under the construotion lien laws of the State of Florida, otherwise for any improvement, labor, materials O~ services rendered at or upon the Easement Property by or a~ the request of the Partnership" whether or not Winchester shall have consented co same. 95-070/1025-005 Page 5 of 13 03/28/97 09:11 SCHROEDER & LARCHE, P,A. + 4077387459 NO, 015 [;108 8. IDdemni~ea~~. Partnership, its successors and a..igns, shall in emni y, defend and hold harmless each of the persons and entities comprising the Winchester Group and their respective partners, employees, agents, officers and directors, tenants, employees, guests, customers, invitees, successors and assigns from and against any and all claims, actions, damages, fines, liabilities and expenses (including reasonable attorneys' fees, court costs and expenses whether in arbitration, at trial, on appeal or in any bankruptcy or post-judgment proceeding) which may be imposed upon, incurred by or asserted against them in connection with loss of life, personal injury and/or property damage or any of them arising from, or out of any occurrence in, upon or at the Easement Property and occurring by an act or omission of Partnership, its tenants, agents, employees, contractors, customers or invitees. 9. Defaul.t. If there is a failure by eit.her party to perform, fulfill or observe any agreement contained herein, and such failure shall continue tor !1tteen (lS) days after written notice from the other party, then, in addit.ion to all the remedies available at law or in equit.y the non-detault1ng party may, but shall not be obligated to. perform such o~11gat.1on on behalf of the other party. In the event a default is not cured as p;r;ovided herein, and the non-defaulting party is required to expend monies as a result thereof, such amounts shall be immediately due and payable by the detau1tins party and ahall bear intereet at the rate of e1sh~een (1St) percent pe~ annum, or che highest rate permitted by lawJ whicheve;r; i~ lower, until paid. In thct event of e breach or c.ttempted or threatened breach of any obligation set forth herein, in addition to any other remedy available at law or in equity, the non-defaulting party shall be entitled to full and adequate relief by injunction. 10 . 6~toJ::ncYl!l' Pees ,,~~ COl!ltl! . In conneot ion 'With ..ny arbitration or litigation, arising out of this Agreement I the prevailing party ehall be entitled to recover all reasonable co~ts ineurred, including reasonable attorneys I fees for services rendered in connection with such arbitration or litig_tion, including poet-judgmentf administrative, bankruptcy and appellate proceedings. 1~. ~o~~e.a. Any no~i~G, requQQt, demand or other communication required or permitted to be given under this Agreement shall be in writing, addressed as follows or as otherwise instructsd purQuant to notioe given under the terms of this paragraph, and shall be deemed given or delivered (a) when 95-010/1025-005 page 6 of 13 03/28/'37 09:11 SCHROEDER & LARCHE. P.A. ~ 4077387459 NO.015 [;109 personally delivered, or (b) three (3) days after mailing by deposit wlth the United States Postal Service, postage prepaid, by certified or registered mail, return receipt requested, or (c) one (l) day after acceptance for delivery by Federal Express or any other nationally recognized overnight delivery service. It to Winchester Group: cIa Bill R. winchester P.O. Drawer 1240 soynton Beach, Florida 33435 If to partnership: 8130 Saymeadows way west Jacksonville, Florida 32256 Attn: William M. Sulzbacher 12. :Run w~~h Land. Thi/iiit Agreement a.nd the obligatione, ea6emente and agreerncnt~ hereunder eh~ll be ~ppurtcna.nt to ~nd 5hall run with the Partnership Property, the Winchester Property and the Ea.sement PJ:"Operty and ehall apply to and bind the respecttve heirs, personal representativee, tren~fereea, assigns and successors in interest of the Partnership and Winchester. 13. A4d:Lt:.ional Ba..,ements. Winchester, for themselves a.nd their aucce~~o~e ~nd aaeigne, hereby reserve the right to grant, from t:ime to time, l!Iuch further and additional easet'l\Qnes ever, through, Across and unde~ such portions of the property ag they each shall then ownj provided, however, that such additiona.l easements shall not materially adversely interfQre with the eaaementa set forth in this Agreement. 14. SeveZ'ab:l.l:i.~~. In the event that. any part r term or provision of this Agreement ~hall become illegal, null or void for any reason, or shall be held by a court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. lS. A'Pl)liC!abla t.aw. This A.greement shall be governed by and construed in accordance with the laws of the State of Florida. 16. Arbi~ra~ia~. In the event of any controversy or claim a.rising out of or relating to this Agreement, or the breach thereof, the party asserting such oontroversy or claim (the "Clairna.ntll) shall decide whether it shall be brought before a court of record in the State of Florida in Palm Beach County or settled by arbitration. If the Claimant chooses arbitration, it shall immediately notify the other party of this decision, and by written 95-070{1025-005 page 7 ot 13 03,,'28/97 09:11 SCHROEDER & LARCHE, P.A. ~ 4077387459 NO.015 1;110 notice within ten (10) days of the initial notice name an arbitrator. Within ten (10) days of receipt of such notice, the other party shall I by written notice to the Claimant, appoint one additional arbitrator. In the event the other party does not timely appoint an arbitrator, the Claimant may appoint the additional arbitrator. The arbitrators thus appointed shall themselves select a third arbitrator, and all the arbitrators so named shall be commercial persons or lawyers conversant with the type of transaction contemplated by this Agreement, and shall settle the claim or controversy in accordance with the Commercial Arbitration Rules of che American Arbitration Association. Judgment upon the award rendered by the arbitrators shall be final, binding and conclusive upon che parties and their respective successors and assigns, and may be entered in any court of competent jurisdiction. 17. AmeDc:1m~J\t. This Agreement may be abrogated, moditied. terminated I rescinded. or amended in whole or in part by an instrument executed by the then o~ner of the partnership FropertYI the fee title owner of the Easement property and the owner of any other property using the Dralnage Facilities (as contemplated by paragraph 6 hereof) t joined by the1r respective mortgagees (it any), and the joinc1er of any cenants, guests, licensees j or inv1tees of any such owner (or anyone else) shall specifically not be required 1n connection with any ot the foregoing. ~ C~ty of Boynton Beach. The partieB recognize and aqree that the estab1~Bbmsn~ af.~h8~~sament created here~y aha11 in no way 1~mi~ Qr restrict the rights of the City of 8cvnton Beach~ Florida. ~csmjunct.ion with ~y ~i'liQation fOr the devel~t. of al1- or any portiQIl gf the Wine he a t'i!r,....-t2;,operty. 1:0 re'iU:i.re..",..-i:n. .c~~rdance with aeplicable City.~ode~. that the easeme~~ ~r the !(ater retention area be relocated to another l.oc:at:ion 9n the portion of the Winchester Pr2perty being developed. 95-070/1025-005 Page e of 13 03/28/97 09:11 SCHROEDER & LARCHE. P.A. ~ 4077387459 NO.015 GIll IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Signed, sealed and delivered in the presence of: BILL R. WINCHESTER Printed Name ot Witness Printed. Name of Witness . BLSIE A. WINCHESTER printed Name of Witness Printed Name of wicncss BO~TON BEACH DEVELOPMENT ASSOCIATES I a Florida general partnership, by its General Partners. Armada/Hoffler Boynton Beaoh, Inc. , Oil virginia corporation, qualified to do busines8 in the State of Flo~ida and Baita Boynton Beach Partners, a Florida g~neral partnst"ship 35-070/1025-005 page 51 Of 13 03/28/97 09: 11 SCHROEDER & LARCHE, P.A. 4 4077387459 NO.015 [;112 Print Name of Witness Print Name of Witness print Name of Wi~nes5 Print Name of Witness 95-070/1025-005 ARMADA/HOFFLER 80YNTON BEACH. INC.. a Virginia corporation. qualified to do business in the State of Florida. its General Partner BY: A. RUSSELL K1RK ITS: PRESIDENT BAITA BOYNTON BEACH P~.RTNERS I a Florida general partnership, its General Partner, by ita General Partners: Saita International rnc., a Georgia corporation, qualified to cio business in the State of Florida and Boynton commons Corporation, a Florida corporation BY: BAITA INtERNATIONAL, INC., a Georgia corporation. qualified to do busineas in the State of Florida, ite General Partner BY; WII,I"IAM M. SULZBACHER I ITS: EXECUTIVE: VICE PRESIDEN'T AND CHIEF OPERATING OFPICER Page 10 of 13 03/28/97 09:11 SCHROEDER & LARCHE, P.A. ~ 4077387459 ~~O. 015 [;)13 BY: BOY N TON COM M 0 N S CORPORATION I a Florida corporation, its General F'artner Print Name of Witness BY: DONALD B. STILLER ITS: PMSIDENT prine Name of Witness STATE OF FLORIDA ) )55; COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me on , 1997, by BILL R. WINCHESTER and ELSIE A. WINCHESTER, who are pereon~11y known to me\have produced a~ identification. Prine, Type or Stamp Commissioned Name of Notary Publio - State of Plorida My Commission ~pire&l My commission Number; My Notary Seal: STATE OF FLORIDA COUNTY OF PALM BEACH BEFOR.E ME the undersigned authority, this date personally appeared, A. RUSSELL KIRK, as PRESIDENT of ARMADA/HOFFLER BOYNTON BBACH, INC.; a Virginia oOrpOration, qualified to do business in the State of Florida. on behalf of the Corporatiorlf a general partner of BOYNTON BEP.CH DEVELOPMENT ASSOCIATESf a Florida general 95-070/1025-005 Page 11 of 13 03/28/97 09:11 SCHROEDER & LARCHE, P.A. ~ 4077387459 ~m. 015 Gl14 partnership. He is personally known to me or has supplied as identification. Notary Public State of Florida My Commission Expires My Commission Number My Notary Seal: STATE OF F~ORIDA COUNTY OF PALM BEACH BEFORE: ME the unc1ers1gnet1 authority, this date pe:t'5onally appeared I WILLIAM M. SULZBACHER1 as EXECUTIVE VICE ~RESIDENT AND CHIEF OPERATING OFFICBR of BAITA INTERNATIONAL, INC'I a Georgia corporation, authorized to do business in the State of Florida, on behalf of the Corporation, a se:neral partner of BAITA BOYNTON BEACH PARTNERS, a Florida general pa;t'tnerahip. a general partner of BOYNTON BEACH PEVELOPMENT ASSOCIATES, a plorida general parcnership. He is pe;t'sonally known to me or haa supplied aa identification. Notary P'U.blio State of Florida My Commission Expires My Commission Number My Notary Seal ~ 95-070/1025-005 Page 12 of 1:3 03/213/97 09:11 SCHROEDER & LARCHE, P.A. + 4077387459 NO.015 [;liS STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, DONltLD B. STILLER I as PRESIDENT, of BOYNTON COMMONS CORPORATION, a Florida corporation, on Dehalf of the Corporation, a general partner of BAITA BOYNTON BEACH PARTNERS, a Florida general partnership, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership_ He is personally known to me or has supplied. as id.entification. Notary Public Stace ot Florida My commission EXpires My commi~s1on NUmber My Notary Seal: (J:\1\CLIZNTS\STILL~R\TITLE\OFFSITZ2.COM 102'-005 &2r2~191) 03/2Jl~?} 95~070/1025-005 pa.ge 13 or 13 03/28/97 09: 11 SCHROEDER & LARCHE. P.A. ~ 4077387459 NO.015 Gl15 EXHIBIT "AI! PARTNERSHIP PROPERTY 03,,'28/97 09: 11 SCHROEDER & LARCHE, P.A. ~ 4077387459 ~m. 015 [;117 EXHIBIT liB" WINCHESTER PROPBRTY 03/28/97 09:11 SCHROEDER & LARCHE. P.A. ~ 4077387459 NO.015 [;J18 EXHIBIT liC't EASEMENT PROPERTY 03/28/97 09: 11 SCHROEDER & LARCHE. P.A. ~ 4077387459 HO.015 I;J19 EXHIBIT NDtl MALL CORNER PROPERTY 1 ,I '. j 1 I j 03/28/97 SCHROEDER & LARCHE, P.A. ~ 4077387459 09: 11 ~_________-------- COMPARISON OF FOOTERS ------------------ - FOOTER 1- 95-070/1025-005 Page 1 of ~ 11 NO.015 [;120 MEMORANDUM ill ~~~;,~~im CITY OF BOYNTON BEACH PLANNING AND ZONING DEPT. TO: Ken Hall, Engineering Plans Inspector Mike Haag, Planning and Zoning Michael J. Pawelczyk, Assistant City Attorney 117 (If Boynton Coinmons Declaration of Covenants and Restrictions LY o FROM: RE: DATE: February 18, 1997 Enclosed herein is a copy of the letter I received from attorney, Alan Pellingra regarding the Declaration of Easements, Restrictions and Protective Covenants for the Boynton Commons Shopping Center. Also enclosed is a black line version indicating recent changes and a clean copy, both provided to me by Mr, Pellingra. The last time I was involved with this project was to approve the draft declaration as to legal form on or about October 31, 1996. Accordingly, I am unaware of what progress has been made since then. Please review the letter and the black line version of the Declaration. I have reviewed the changes and accept them as to legal form, but I wanted to make sure you each did not have any comments as to the revised Declaration before commenting to Mr. Pellingra. Further, please address the four (4) items listed on page 2 of the Pellingra letter. I have indicated to Mr. Pellingra's office that these matters must be forwarded through your respective departments. Should you have any questions, please contact me. MJP/aa wpldevelopmenta\boynton commonsldechuation memo cc: Al Newbold, Deputy Building Official (w/o encls.) Tambri Heyden Planning & Zoning Director (w/o encls.) 02/14/97 17:08 SCHRCEDER & LARCI-E, P. R. NJ.016 ~ "'- SCHROEDER AND LARCHE. P. A. ATTORNiYSAT I.AW OlliE aoCII PLACE. SUIT! "9 . ATRIUM :l~" Gl.AOES ROAD BOCA RATON. fl.ORlDA n4'1 . 7383 MdCMAl~A,5C"~OlOf. W. L.AW.~NCE I.AI(HE . .u.AN pQ.l.llltOlU\ . ~mDA MlIOAID Co:nrICD "'loU, nUl'" "lIP C1TAlU UWYtI ,~ RA'I'Ot'; '''071 2tl . 0300 lIOWAROC;O.,'iIlVI9'4l421 .0&14 TUtCOPU;. (4071 :AI . om Pebruary 13, 19'7 VXA TBLSCOPIP (561) 375-fOl1 AND ttS4} 771-.923 James A. Cherof, Esq. City Attorney City of Boynton Beach, Florida City Hall 100 Bast Boynton Beach Boulevard Boynton Beach, Florida 33435-0310 and James A. Cherof, Esq. Josias " Goren 3099 E. Commercial Boulevard, #200 Fort LaUderdale, Florida 33308 Re ~ Declaration of Easements, Restrictions and ProtectivE! Covenants Dear Jim: In October of last year we had forwarded to your office an initial draft of the Declaration of Easements, Restrictions and Protective Covenants to be used by the Boynton Commons Shopping Center. At that time, the Declaration was prepared to satisfy concerns of the City of Boynton Beach pertaining to construction of common areas, common maintenance of common areas and l.ssues of unified control. For your reference I have enclosed herein a copy of the letter from your firm approving the Declaration. Because of other issues that have arisen through negotiation of tenant leases and negotiation with the present owner of the property, we had to expand the scope of the Declaration. In that regard, I enclose herein for your review and approval, both a blackline co~y indioating the changes made from the draft approved by your off1ce and a clean copy. I belie"l'e that none of the changes affect the concerns of the City. I would appreciate your reviewing the enclosed and contacting me with any questions or comments you may have. The closing on the acquisition of. the property is itminent and I would therefore apprcc~.~e ~ny commQnts no later than Tuesday, February 18, 1997. 02/14/97 - 17:08 SCHROEDER & LARCHE, P.A. NJ.016 003 James A. Cherof, Esq. February 13, 1997 Page 2 I tried to reach you by telephone earlier this week and was advised that you were out of the office. The reason for my call was to discuse four (4) issues raised by Conrad at Land Design which supposedly need to be addressed prior to approval of the Master Plan. The issues raised were as follows; 1. Unified Title documents (covered by City Chapter 2, Seotion 6, F3~ pages 2 through,53). 2. Unity of Title (covered by City Chapter 2, Section 6 Fe, pages 2 through 56) . 3 . Copy of approved Agreement wi th Lake Worth Drainage District for use of drainage easements' (covered bY City Chapter 5, Article 5, Section 106, page 5). 4. South Florida Water Management Oiscrict and LWDD acceptance prior to engineering application project. I believe that items 1 and 2 are satisfied by the Declaration enclosed herein. I would aleo lilte to discuss with fOU items 3 and 4 to see if they have been satisfied or if they rema~n outstanding. AP:sj Enclosures cc: Donald B. Stiller, President, Boynton Commons Corporation (w/encloeures via hand delivery) Michael A. Schroeder, Esq. , (J;\7\CLIENTS\S~ILLER\CH!ROF,~13 001D-036) 02/18/'37 09:49 SCl-RCErEe 1 LARO-E, P H ~ 40737560 ,,_ ,___ " 11 /'-[) . ell 002 ~ PREPARED BY AND IU:TURN TO: MICHAEL A. SCHROEDER, ESQ. SCHROEDER AND LARCHB, P. A. ONE BOCA PLACE, SUITE 31g.A 2255 GLADES ROAD BOCA RATON, FLORIDA 33431-?383 nBCLAaATtoN OP EASBMDn'S, USTRICTtONS AJm PROTBe'1'lVB COVSNAN'l'S THIS DECLARATION OF EASEMENTS, RESTRICTIONS AND PROTECTIVE COVENANTS is made this _ day ot , 1~97, by Ysl r"119 Boynton Beach Development Associates I a Florida general partnersbip ( "Associates II ) whose address is 8130 Baymeadows Way West I Jacksonville, Florida 32256. 'inehe8~.r. Winehe.~.r. Z.~.r and Sehroed,r. a 'lorid. ~ea.~al Da~n.r8hlp (~ Apartnerahic.) .be.. addre~. ip One Boca plae,. S~ite 319A. 2255 Glade, Road. Sac. bt:on. Plorida 33431. &!let aill R. W1nc::h..ter lUlci 8lai. A. W~che.ter lc~o~leClt::l.v.ly IIW:l.nehsfJt.ern} wboae atic!rea. j.. Poat Qffiee ~rawer 1240. Boynton B,.~h. Plor1d& 33445. RECIT.l.LS A. Associates is the fee simple owner of certain real property located in Boynton Beach, Florida legally described on Exhibit "A,I attached hereto (the "Property" or the "Shopping Cen~er") and depicted on the approved Site Plan attached hereto as Exhibit "s" (the "Site Plan"). 8. Associates is developing the Property as a ret.ail shopping center in accord~nce with the Site Plan. C. Associates desires to hereby establish certain easements and restrictions pertaining to the Property and otherwise provide for its unified control. O. Associates has acqUired the Property from tile }'d,\ttting- ~an8 OWBe~ (as kcr~inafter aefifte.~ Winep.ster. 95-070/1025-005 Page 1 of 18 02/18/97 09:49 SCl-RCE~ & LARO-e, P. R. ~ 40"73'?:6011 NJ.011 003 E. As a material inducement for the sale of the Property by ~ke ~'\:I~ '4 ift!J Lana 9~~l\tr Wineh.st:er, Assoc i atee has agreed to establish certain easements and restrictions pertaining to the Property for the benefit ef the Aeat'e.iag Lana ~lIlelf. ~h. 9t Winche.~er Land OWner. I:.L In connection. wi~p the development: of the ShoDI):ln~ ~!D~.r. the City of B~eon B..e~. Plorida hag required Aseociate. ~; establiab a l~d.e~. b~ffer on p~cnerty owned by ~he Partnership. ~ Aa & !l'I&t:erial induc--'Jlt for eli, 'artftership 9~anting Aa.ociaee. a Den:>>etual non..excluaive lpdacaQa easf!JIl8nt aver. acro... unde~ eel th~~u.qh the EaslDllllftt PrOl)ertv (as hereaft.Ar defined), Associate. ~. a9reed bo e.tab1~sh certa~ .asements and restrictions Qartain.:l.ng eq the ProQerty Ec~ the bep.f~~ of the ,.rtnerahip Land owner. NOW, THEREFORE, Associates hereby declares and establishes the following easements, restriotions and protective covenants: ARTICLE I npINITIONS 1.1 Declaratioq. 1his Declaration of Easements, Restrictions and Protective Covenants. 1.2 Ae~~tift' Partnership ~and. The real property located in Boynton Beach, Florida, legally described eft QD Exhibit .tC" attached here~o. 1.3 AB~~tin, Partnersbip Land Owner. The owner or owners of the ~~~~ift' ~afte. Par~nership Lan~ ~ W. W:Lncheet.er Land. '!'he real propaz:'~v 1ecal:ed in 8ovn~OD Beach" Plor~~. legallY described on ~ibi~ ann .~tached ur.~o. LA l!1neh..eer Lane! Owner. ,ineh..~.r Land. L! auildin9 Areas.. All those portions of the Shopping Center (as hereinafter defined) on which buildings are constructed, or to be constructed, all in accordance with the Site Plan. The own,r or owners of tb. ~ l..:..l Common AreaSJ. The portion of the Shopping Center, exclusive of the Building Areas, i.ntended for common and non- exclusive use by the Responsible Party, its suocessors, assigns, employees, agents, invitees, guests and tenants, and ies tenant's successors, assigns, agents, employees, invitees, guests and 95-070/1025-005 Page 2 of 18 02/18/97 09:49 SCHRCEI:'Ef.? & LffiCJ-E, P. A. ~ 4073756011 NJ. 011 004 ~...- subtenants, including, but not limited to, all entrances, exits, drivewaY6, roads, parking areas, parking spaces, sidewalks, service drives, utilities, drainage and storm water runoff and retention facilities and lanascape areas, as may now or in the future be located on the Shopping Center, as changed from time to time by the Responsible Party. ~.u :R.eeponAible Party. The owner of the Property; provided, however, that it such owner shall transfer, conveyor ground lease its interest in any portion of the Property in such a manner as to create multiple owners of the Property then the person owning tbe largest portion (basea on square footage) of the Property shall be the "Responsible partytt. .L.! Basement Prope~t;v. The real !tZ'qperty loaaced in aoynton Beach. Plorida and lfSall.y del!lcz-ibed Oil Exh~i~ .gn at:tached ~erl!lt9. ARTICLE :t% PROpD.~ SUBJECT '1'0 THIS 1)ECLARA'l'%ON Upon the recordation hereof, the Shopping Center shall be held, transferred, encumbered, sold, conveyed and occupied, in whole or in part, subject to this Declaration. iRe Qftep~iRg Ceater er sP.y peE'tieFl tkereef, a!ul 5ft8 rigftts aftli eit11gae1sftf3 sf the Reepeftsiele 1?a~ty ,re-.,-iaea iR 'Rie DeelaE'a\).ieB NY ],C f~eely &E'aftsfcE'rablc er aSSi!ReEi ae aRseher ,eraefl e~ eatity. He !Nea traftsfcr er aSi!Ji!fllrleBt, 'l\ew~er, eMll C&tlSeJ any ~~v8eatieR, Sftaft!l!9 or aaai~i.eft .9 the pr~:ieieft8 establishes by Ilhie DeelaH~ieJll. cxeep~ as may ee herein pre.ieee. lti'l'ICLE :r;~ GRANT 01' E.ASEMEm~ POR SHOPPI:lfG Cl'BTER 3.1 Vehicular and p@deet;ian ACCA~9. The Responsible farty, its successors, ass1gns, employees, agents, invitees, guests and tenants and its tenants' successors, assigns, employees~ agents, invitees, guests and subtenants shall have a perpetual, non- exclusive easement for the purpose of vehicular and pedestrian ingress and egress, to anc:l from, over I upon and across the entrances, exits. driveways and other Common Areas. 3.2 Vehicu~ar par~~ng. The Responsible Party, its successors, ass1gns. employees, agents, invitees, guests and tenants and its tenants' successors, assigns, employees, agents, invitees, guests and subtenan:.s shall have a perpetual, non- exclusive easement for the purpose of vehicular parking, overt upon 95-070/1025-005 Page 3 of 18 02/18/97 09:49 SCi-R1E~,~LF:7RCI-E, P. A. .;to 4073'756011 NJ. 011 005 and across the parking areas and parking spaces of the CO'l1lJnon Areas. 3.3 Utility Ea~~ment~. The Responsible Party shall have a perpetual, non-exclusive easement fer the purpose of inetall~ng, operating, maintaining, refairin9, replacing, renewing and tying into any and all utility ioes, drainage fac11ieies and related facilit~es, including surface drainage rights, over, above, along, under, 1n and across the Shopping Center wherever these utility lines or facilities may be located. ARTICLE IV. ORA1ft' OP EUDEN'1'3 "OR AaUT1'I~ PARft!ERSf[iP J..ANP 4.1 Vehicular aJ'\d fede8tr~flD Al:!c:esa. The pJ,l:l5,;i;n! Partner.hip I..and OWner, its successors, assigns, employees, agents, invitees, guests and tenants and its tenants I sucoessors, assigns, employees, agents, inviteest guests and subtenants, shall have a perpetual, non-exclusive easement for the purpose of vehicular and pedestrian ingress and egress, to ~nd from, over, upon and across the entrances, exits, driveways and other Common Areas. 4.2 Utility Easements. The Responsible Party shall, at its expense, and in connection with the construction of the Shopping Center bri.ng the sanitary sewer and drainage systems for the Shopping Center to the boundary line of the AButting '.r~ner.hip Land. The Aeutting ,artn.rshi; Land Owner, its successors, Assigns and tenants and its tenants I successors and assigns, shall have a perpetual, non-exolusive easement for the purpose of connecting with and utilizing the sanitary sewer and drainage systems located on the Property, at no cost or expense to the AOtittift! PartDer8h~p Land Owner or any occupant of the Abuttiag ~~tner.hio Land. .\8nC~ V JOINT ROADWAY The Responsible Party shall construct, at its expense and at the time of the oonstruction of the Shopping Center, the roadway reflected on the Site Plan as "Joint Roadwayn. The Joint Roadway shall be constructed so that at all times the south line of the Joint Roadway shall front, without gap or gore, on the north property line of the ~~t~ift! Paf~nerBhip Land and shall have curb cuts into the .~~.~iRg ~artn.rs~ Land where designated by the ~u~ting ~ar~nAr.htp Land Owner subject, however, to the requirements of governmental authorities. The R..pon.ibl~ Party sha11. a~ its 801e coat and axc.use. mainta1p in good reDair aDd ~pftdition t~e Joi~t Roadw~. 95-070/1025-005 Page 4 of 18 02/18/97 -'. 09:49 SC~DER & LARGE. P.A. ~ 4073756011 ER ~' NJ. 811 GJC6 ARTICL~ VI NO BtJIJ.1) AItEl\ The Responsible party agrees, that it will not construct or permit to be constructed, any building or other structure or improvement in the area depicted as the "No Build Area" on the Site Plan, except for parking areas, driveways, landscaping and other amenities customary in first class Shopping centers, such as light standards, benches and directional signage, without having first obtained the prior written consent of the ~~ Wineh..~,r Land OwnerJ which consent may be withheld by the A8u~~iftg ~iDeh..ter Land Owner in its sole ana. absolute discretion. ~T:r;C1-B VI~ SIGNACJ,Z There shall not be installed on the Property or on buildings constructed on the Property b.y ~h. Responsible Partv. any ~el1ant: or occupaut of the Shopping C.Dt.e~ or t.heir r..ceet::l.ve .gAnts o~ umloyeea leolleat:1vely t.he II000er/TeJ1Ult.s"} any signs of the following type~ (1) flashing, moving or audible signs, (2) Signs employing exposed raceway, exposed neon tubes, expcsea ballast boxes, or exposed transformers provided that signage may employ sueh methode necessary for ~he installation of internally illuminated .elf-contained channel letters; Qr (3) paper or cardboard signs other than prOfessionally prepared interior window signs advertising spec1al salee within the subjeet premises, temporary signs (exclusive of contractor signs) f stickers or decals, provided, however, the foregoing shall not prohibit the pla~ement at the entrance of each such premises a small sticker or decal, indicating hours of ~usiness, emergency telephone numbers, credit cards accepted, and other similar information. ARTICLB VIII CONSTRUC'1'%OR' 8.1 C;onstruc::tion of Commo:Q Arteas. The Responsible Party 8hall be responsible for the construction of all utilities, parking areas, driveways, access ways, roadways, sidewalks and walkways, exits and entrances and other Common Areas looated in the Shopping Center. 8.2 General CQnetruotion R@~i~M~ftt 2eauir~ne,. All construction, alteration or repair work, undertaken upon any portion of the Shopping Center ~ the Own..~/'1'.n~i:1I subsequent to the construction of the improvements depicted on the Site Plan, shall be performed in a neat, safe and workmanlike manner and shall 95-070/1025-005 Page 5 of 18 02/18/g? 09:49 SlJ"f~OErER & LARCHE, P. A. -+ 4073756011 ~.-.. - ._~ NJ.011 008 - shall be undertaken with particular care so as to minimize the impact upon traffic oirculation within the Common Area and access of all users to the various business establishments in the Shopping Center. 8.4 Co~l~ance with Law,. All construction work undertaken at the Shopping Center by t.he OwnerJ'l'enan~ subsequent to the construction of the improvements depicted on the S1te Plan shall comply with any plans and specifications therefor approved pursuant the requirements set forth in the lease of the person undertaking suoh workt the requirements of all applicable governmental authorities having jurisdiction and all applicable laws, ordinances, rule~ and regulations of such authorities, including without limitation, zoning laws and building codes. All necessary licen3es and permits shall be received from governmental bodies an~ agencies prior to commencing such Qonstruction work. 8 .5 Time Reet:rietiou~. Subsequent to the construction of the improvements depicted on the Site plan, no construction aotivity unde~~aken Qy the Owfter/T,nan~., including storage of construction equipment or materials, shall be conducted or permitted in the Common Areas during the period from Auguat 1 through August 31 or during the period from November 1 through December 31 of any calendar year unless such construction activity is conducted only within an enclosed area without obstruction to any part of the parking areas, driveways. walkways, or accesses, or unless such construction activity is required in Qonnection with emergency repairs or as a resul t of a casu.al ty and in such instance the construction activity shall be conducted pursuant to the other requirements of this Artiele VIII. a.6 Fencin9 Oft Con~tru9ti91l. Subsequent to the construction of the improvements depicted on the Site plan, to the extent reasonably practical, the ,e~seR OWfter/T,nAn~' performing ~ iM:ltft8ldsiB' 8~eft CO%1atruetioll work shall, at its own cost and expense upon request of any Occupant open for business, fence off or cause to be fenced off any development, construction, repair, alteration or remodeling work to be performed on any exterior portion of the Shopping Center. Fencing shall be of such height and of a construction sufficient to protect existing facilities in the Shopping Center from dust, debris ana other inconveniences occasioned by such work, and to protect users from safety hazards resulting from such work. In addition, such fencing shall be comstructed ot. materials which are architecturally harmonious. Each fence and the s1gns or advertising meterial placed upon each fence shall be painted with a color or colors harmonious with the colors of the balance of the Shopping Center buildings. S.7 Stagin9 ant:! Int@~ference. Subsequent: to the construction of the improvements depicted on the Site Plan, S~. OWner/Tenan~. shall us. all reasonable efforts SRaIl Be ~sea noe to ineerfere with the other Occupants construction activities. All reasonable efforts shall be used to coordinate other OCcupants construction 95-070/1025-005 Page 7 of 18 02/18/97 09:49 SCJ-A:EDER & LARO-E:, P.~. ., 4073756011 NJ.011 009 activities and staging areas w1th such construction activities and such staging areas so as to minimize interference with operations, to avoid the undermining of any footings, to prevent the obstruction of the parking areas and to minimize interference w~th the visibility of Occupants' bUildings from all surrounding rcadw~ys . 8.8 Condition OI Work Site. Subsequent to the construction of the improvements depioted on the Site Plan, thA Ow.n.rj~e~ants ,hall keeD the construction site and surrounding area Baall 84 kept reasonably clean and free of construction material, trash and debris .Y ~Ae ,a~ty perfermift~ a~eh eeftst~etieft and the constructing party shall take appropriate precautions to protect against personal injury and property damage to the owners, other tenants # licensees, permittees or invitees. L.2 IDc19J111i ficat~I:;m. ~y t:..n~t: of the JhQpping Cent:8:r' who doe. not: C!01IJPly. o:r whe does not cause its ..,~oye.J and a9M1ts t'.; c~ly, with the reqJ1iremll!lnt& &l\d r..~riet:ioD.1I set: -Eerth 1~ Sections 8.2 t.~rO\1crh 8.8. ~nclu.ive~ shall iftdemni~y an$!"'" sa~. ~..rmles8 the Re~peft~i~le Party from ,,"r:I with rel.pect to all 01::89 ~AMB9..# e4uae of 4ctioft. ju~~t.. loss... d~ae8 finel -!ft_ gODseq.uen:t:ial d~a..). aoat:. and fIJX1:)enS88. inclu4ing :r:easDnabl@ aetc;neys' fees ~d coats. which the Responsible Pa~t:y say .~ffer or incur as a result of such t:.n~t: or such tenan~.' .aents or ~lovee. failure to comply with Q.~tion8 '.2 through 8.8f ~Belu.iv.. AR'I'%CLB %3 gI~~B The Responsible Party shall maintain in good repair and condition all utilities, parking areas, parking spacee# driveways, access ways, roadways, sicewalks and walkway., exits and entrances and other Common Areas located in the Shopping Center. ARTICLE X INStrRAN~E The Responsible Party shall obtain and maintain comprehensive gen~ral liability insurance of <1, at least $1,000,000.00 with respect to bodily injury or death to anyone person. (ii) at least $2,000,000.00 with respect to bodily injury or death arising out of anyone occurrence, and (iii) at least $1,000,000.00 with respect to property damage arising out of anyone ooourrence. 95..070/1025-005 Page 8 of le 02/18/97 09:49 ~DER & LARCHE, P. H. ~ 40'73756011 NJ. 811 [;l18 ARTIetrB XI JIISCEl.~8 ~ LANDSCAPE EA9mmHT ~ Land..c:ape EaBIIIDtmt:. The Part:!1ersQip berebY Grlmt.a '=0 t.be ,..poA81ble part:y. ft.. spcaegsor. and a.sivna. a ~e~.t.ual Don- exclusive ea.--n.t: OVAr. ..~ros.. under and throuah ~~n.:::~~ ProJMtrty for purt:lo.es of p~aaeJ.~. 1D.t,.11i~. ___ ~ 9 1 i lAd renBW.:i.nc:r.. at the Responsible P&~t:y' Ii ext:t8nse.. a ~~d:~':: buffer fo," ua. by tl\e PrQperty (the nLlmd8~pe Buffer") . .l..U. iD8ta~lat.icD &!ld PlfD.tillg of Landscape Duffer. ~. 8eS9ollsibla Party .hall. at its Bole cost: fDd ..en.~. c:au"'t:a;~al: ~lant.ed aZld installed all I>>lant.8.. shrubs ~cl at er J:IUl ha~~ J2e oolltPrisi..a,g t:he LBDc1.c~pe Buffer. The ...pollsihl, part.y ~ hi ihl fpr reJj2airina aDJ: d1Ul\Jl9. doll. t:9 t:he Par ners_ ~ :~::~v i: cOmtectioft with p:an~i~r:' 111;:::;:::4 t~dL-:~=~:: luffe~ 'l'ha L.nrl.ea~e ~:f_et' w --- - - Ii. ab1 1 w ~::~i~O~:B~e~~~~~~~e~i ~~d~h:t:::U~:=::e::s a:i CJ~ver:me:t:i ptit:iea. JJ..J. ConqitiollB to Oomm8Dein~ :I:n'~Rllat:ion. Prior t.o i:h: ~;~~il1:~~ ~:i~;~~ei~ O:h;he P~::::~~~ BU~:r~' e~i:r=: ~f ~~anee Im~ ecpie8 of ap>>lieable palieie: pr;vid~ntll::"~=s~: 1 1i,ahi.1.it coverage in an ."'"11ft. 0_ 110_ ____ ___ _ genera lla lCl,LQOO.OOO.OO) aJld wieh. d.dt1et:~~le of DOt. 188-11 1111.11011 no___r~_..s n 11 C~lO 000 00) l"Il1Uft-lna 'the parmer_hip. as than 'left '1'hou.~ .~__ar. --. . iIJi t: and. 'IlJl.,' lei.. shall ~ addit:iollal ilUlurAd. whieh cert .I:. ca e. ft..h1 r ; C8 t:ahle to ~elude pravi.iona and ~rovid. cov.r~~~r::~.;or J'ha In.~allat:ion !:he partDersh:i,p' Cili a =y hO:~i~ ~1Y: ~. for the iDB~allat.iol1 ~f of tM L.n"8e~ Bu__er. __c_ ---- - - rt: d for DO ot:ll.r the LlUl9scape ~uffer Oil the i E'~=::: :::~~::v Cent:er t.o be faci.lit.ied or 'Lty:\provtm'Umt:s _~c__ t:h 21;0 ert;xr (ii!) A C09V cODstructed by the R..PO~.1blt P::S'!t:;'r::d i: th.P Public "ecQrds of pf the .o~iea of c~:~~nbut only .fter havift~ first abtaiDed Palm Beach C::ountv. -------. - 1 'f t.h Jj2roJjZ2ssd Mat.iea of from t:- partn~r: :~i~~iO:f .~:~~p~ent · shal.1 describe t:he ~ommen_ement.. __c_ h e..ement right.s 9f the Re.90llsible prQpe~:y 1:0 be i~ra..,ed ... to · Uld sh 11 desClribe ~hA ';""ravemell~. part:y Jon 'the Ea"p~~dPr:~er~~f#er. a:4 evid.nce ~hl!le. the recorded t.9 be made a. !:he Bh. b ~.t:.ed on t.he 1:..-."1: Property in Botice of C0Il'IIIl8DCI!!III8Z1t _a8 88ft li , a written st.a~l!lIIlent. from any aaeoJ"danc:e with _wlicable la.rI"ub:oDt.ra tar. laborer or mat.erial vereon or ent.it~. eo~trAa~or. rk or ren:.red .erv~aeB or provide ~ller Wh~ !~ ~:eri:~:n1::~~ion with the inst:.a11ation of tt~ ~a.bor or ma · _&. i.ded, t.h t. 8ueh gar.en or enti. t.v shf.__ Lancl.c~@ Buffer _ebow ftq a die-a eaBB1Il8l1t ir1te~..t. in ~ook sole1y to the a..pausiblo :.~t.y ::;Uftction wi~h such work and the Easement PrOiJerty fo~ pavmenl _no c__ 95-070/1025-005 page 9 of 18 ~-----_.._-_.-._-,------- 02/18/'3'7 - 09,49 ~ " J.FRCl'E' P.". · ~i' - ~ ~ pa.ge )..0 of 18 9S_070/~02S-005 ~ ..---.-----... ~_....,.__.,.--.--- ~ ~ 02/18/97 09:49 SCHROEtER & LPRCI-E, p. A. "t 40'73756011 NJ.011 [;112 ~ Insurance. The Responsible p~rty sh,ll maintain. t.hroughout th.....term of ~hi!!J Agre-a~~. the insurance described J,n na1'agraph 11.3 jIbove. No lat.e; ~8.D thirty (30) &lys prior to the e~iratioD of such poli~f e~. partft.rshic shall provi~ p'armeJ'ship wJ.th eviel.nee ~hat sueh policv hall been renewed for an addi~ion.l year. Xn .delft1oft to the reqpiremeftts ..e~ fort:h in Section 11.3 above. the polley .bal.l ercvide t:hat. it wi1.1 not. be canceled or modi~~ed witbo~t PartDer.~ip havift~ firac baec provided with thirty (30) day. pr~or vri~~~ Do~iae. !W. Limitation of Lien Riqht.s. Notwit.hllta:a.cl~n9' anvthin9 to t.be eentrary contained hera~n. no int:er.et: of t!.he PartJ18rship ~er8UDder or an,v other :f.nt.er,.t of! the part.nership in t;he Basement Propert,y shall in any I'IlANleZ' be Buhieet to H.en. elaim. d-'I'l.d or ~osi~.f.on under t.he eonBtE11ct:ioll 1.1.11 laws of the State of rJ,oriqa. ot.herwise for any ~rClvA1Mlnt:.. labor. materials or s~rviee. rendered at: or U~Dn the Easement pronert.y by or at:. th~ r.,~e8t. of ~e Responsible part:y. w~et:h.r or Ilpt the Partnership shall hav, consented to samB. 11.10 1~r.miftat.ioft of Land.e.;e EaQ~nt. The Pro~er~ lands cap. easement 9r&rlted t; tht5 RescoDsibl, part.y pur8UUlt: to $~ctioa l(i) h~reof shall terminate on t!.he dat:e th.. eit:v of BDynt:on Beach. Wlorid&. eliminates. in writing. any r.~ir.m.ft~ that:. the Itesaonsibl. Party c::cp.1:inue to mail1t.ain the Lan.dlu!_pe Buffer for the ~enefit of t.he Property. The RA"POIlBib,-. Pa,:ty Berreell to execut.e ::~~~ ~~~:~'frr::e n=:::.~i:O c~:~~~~. i~8;:r::l::: easement 11.11 UBe of Landscape B~ffer. The R..pon8ib18 Party ,cknowledaes and agr... t.ha~ the parenership LAnd OWner may Gee all or a oortion of the Landec.,e Buffer to s,t.i!lfy r~1.rt!!lment. of the Cit.y of Bovnton Beach. Jllorida, in opnneatian with !me deve19pe1lt of ~he Partn.rB~ip PrQpert,y &!ld. Doi:wit1ult.andillq t:he foregoing. tht! Resco~s1.ble parey shall cont~nue to ma~ntain the Landsea>>- Buffer .~ its so~e ao~t and .~eft,e aftd pay all real e8~te t.axes with respect ~heretOi P.TIOLE XI ~ISCELL>>lE90S 11...1 ~mendment and T@fMinat:.ion of Deol~ration. This Declaration may only be modified or rescinded. in whole or in part, by the Responsible Party. its successors or assigns. Notwi thstanding the foregoing, Articles ~ XL.. V and ~ II may not be a~Raed modified 9r re.ein4ed without having first obtained the prior written consent of the =~~iflf :1ft~~a::; P.~t.;:~:i.l La:: OImer and Article V7 aIld Sa 2 1:: b f ed reBc~nded wit:ho~e havift9 ~irs~ obtained the ~r~or wr~tt.D een~Aftt: of ~he Winch.ster L~ owner. In the event this Declaration is terminated or modified to delete the maintenance obligations set 95-070/1025-005 Page 11 of 18 02/18/97 09:49 SLt-iROErER & lARCHE, p, A. "" 4073756011 NJ.011 [;l13 forth in Article --IX hereof, the Responsible Party shall continue to be responsible-for the maintenance of all util~ties, parking areas, parking spaces, dr~veways, accessways, roadways, sidewalks and walkways, exits and entrances and other Common Areas located in the Shopping Center. The terms of this Stibpa-ragraph bot.ion 11.1 shall survive the termination of this Declaration. ~ ~ amendment of Site Plan. Noching herein shall be construed to prevent the Responsible Party from amending the Site Plan without the consent of any other part.y unless ill the code or ordinances of the City of Boynton Seach require its consent in which event the Site Plan shall not be amended without having first obtained the consent of the City of Boynton Beach. or (11) the 8meft~eDt. would dhaft~. the Ho ,uild Area in vhi~h eVen~ the Site P1&11 ghatl Aot be ..ended. withou~ h8.v!ft~ fir,t obtained the CODsent of the Wincbester Preperty OWner.~ ~ .!l.:.J. C9yenaTltB Running wi th the Land. The terms, conditions, covenants, rights ond obligations contained within this Declaration shall X'Un with the Shopping Center aHa all ~a1!to tBereef~ the Wipebester 'r~.rty aftd. the ParenershiD PrQ~.rtYI as ~he case ma.y ba. and inure to and be for the benefit of the Ab~E~19! p'arCfter8h~p Land Qwnerf the Winchester Land Owner, the Responsible Party, tkeir ~d t.hei:r respect! ve hei2;'B, Darsonal reDre8anta~ivea. successors, assigns, employees, agents, invitees, guests and tenants and their tenant's successors, assigns I employees, agents, invitees, guests and subtenants for an initial term commencing with the date this Declaration is recorded in the Public Records of Palm Beach County, Florida and continuing until December 31, 2025. This Declaration shall automatically be extended for additional periods of ten (l.0) years each unless terminated in writing by written agreement of the Responsible Party and all other Owners of any portion of the shopping Center and filing of such termination in the Public Records of Palm Beach County, Florida prior to such date of extension. ~ 1lL! Severability. In the event that any part, term or provision of this Oeclaration shall become illegal, null or void for any reason, or shall be held by a court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. ~ ~ Ap~licable La~. This Declaration shall be governed by and construed in accordance with the laws of the State of Florida. ~ ~ No Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center to the general public or for the general public or for any public purpose. whatsoever, it being the intention of the parties that this Oeclaration ehall be strictly 11mited to and for the purposes herein expressed. Moreover, the Responsible Party reserves the right to close off any portion of the common Areas for 95~070/1025-00S Page 12 of 18 02/18/97 0'-3: 49 SCH;:(EDER &~~, P. A. ~ 4073756811 NJ.011 (;l14 ,.- such reasonable period of time as may l:le legally necessary to prevent the acquisition of prescriptive rights by anyone. ~ l.4.a.2 Consent or Appr,2.val of Ae\iIt-tlinV Pa~t:D.rshi'P Land Owner. In the event the terms of this Declaration require the consent or approval of the ABwEtiR~ P~r~.r.hi~ Land OWner and the Ab~t~ift! parenershi~ Land is owned by more than one person, then consent or a~proval must be obtained from the person owning the largest port1on (based on square footage' of the Ae~ttift! ~~ftd. Par~n.r.h~p Land. ~ Consent or Appr9yal of ~iftep.s~er Land OWner. In ~h. eVeDt the te:nD8 of I:hia C,~larat:1oD ~q;u.ir. tP. coftsen.t: or app~"al of ~h. Winch..ter Laad pwner aDd tbe Wincbe,ter L.ftft ~s gwned bv more thaa one, perso2\. t.hen conaent: OE' .wroval must be obtained from the p,r8o~ OWll.lnq the laJ:aest. po~tion. (based on -<Diar. foo1:age) of the WiDC!hester Land. 11.t.J. I)efault. If th,r8 i. a failure ~" any party t.o perform. fulfill OJ' ob..%"Ye AtJy aerr.t!dllent contained her.ilL and such failure .hall co~tiftu. for fift.en (15) day, aft.er wri~ten not.ice f~ the other partV'. than. in a4dit.loft t.o a~l tp. r8ll\ediAS aV4ilable at. law ~J' in .aui tv the ftOft.d,faul tia'1 party mav. but shall not be oh1.igated to. perfaz:om such oJ?H.9at::t.o,p. on behalf of t.he ot:her pa~ty. .In the eveftt. a default. is ~t o,<<ed aa 91"evidecl herein. Al'ld ,*e :::;:::~u;~~~ mio~l;. ~:a{~eiri:..~~!;~;n:ue~~.~a;~l.e ;B:~~ default.inq p&rt.v and shall bear in~er..t. ,1: the rata of ei~t.eD {lS.) ~.reent per .~ftum, or ~. h:l9h..t. rate De~itt.4 by law. whichever i. lower. until paid. In the event: of a breach ~r att&llZted Q!" tkrtlatened lu='eacb of any obliqat.iOll set: forth herein. in .dd.itiOll ~ any otbe"r r...41' available at law oz in ecmity. the l'1oft-d.fault:i~ pa~ty shall be entitled to fu~l aa~ ade~~e rel~.f bv i~UDctiQn. 11.1Q Aetorney,' fees and Costs. ;In com1.e~iqp. wit:h ~v arbitration or litigat.ion. ariaiD,9 out of eM.. Aqr...ent:. tho ;revailiag partv .hall ~. entitled to reeover all rea8DnablA eo,ts ~neurred. i~eludip9 rea.onable ateorn.,.' tees for .ervices rendered in co~ectioft wi~h fU~h arbitration pr li~19a~~oD. ine~uding c08~-jU~.qt. .ftmtftilt~a~ive. baDkrupecy and ~ellate proceedings. 11.11 Sot.ie~s. Any not.ice. request. demand or ot.her communieation re~ired or permi~~ed t.o be 9i~ under this ~Am_"t llbell be ill writillG'. addr,_.ed to such persOJl .. ~royid.d &hew. or ad othezowi.. inst:ruet;.d pur8,..ftt: 1:0 ~at.f:ca Cf2,V8I1 ,",ptar the te&"lllls of th:1s ~.rasra~h. and shall he deA1lll!d 9i~n. or delivered (a) when. ?~8on.lly delivered, or (b) thr,e (3) day.. Af~.r ma11iDCf hy d~o.i~ with t~e united Stat.s POII~al Se~ic.. P9staae pr~id. by ~Brtified or reaist.red mail. r,turIl rAe.iDt r~.s~ed. a~ tel on~ (1) day after aaoBDtaftee for d.l1very ~ Ped~ral E~r.s. or fDY Qth~r na~ionally reco9ftize4 overniqht deliyery .ervice. 95-070/1025-005 Page 13 of 18 FEB-13-'97 10:13 10: LAW OFFICES TE~ NO:407-241-0798 1:*249 P01 11.12 ~rbitr.tion. In the event of any controversy or cla~ arillinq out of or retatine to this Acrreem.ant. or the breac;A thereof. the party a..erting lIuch controversy or claim {t~.s2 .Cl.'hn.~t:."l IIhall decide whether it sba1l be brouqht before a cour~ of record in ~e Stat. of Plorida in pa1m Beach County or sett~.d by arbitration. If the Clai"'.nt choose. arbitration. it shaU "'IIIIIIMiat:e~y notifY the oth.r 'Oartv of this decision, and bv wri tte~ notic. withiu ten (10) davs of t,~ initial notice nam. q arbitrator. Within ten (10) day. of receipt of such notice. the other ~.rtv .hall. by written notiee to the Ctaima~t_ annoint one additional arbitrator. 111 the event t:he other party doe. n~ timely S1)DOint aD a.rbitrator. the Cls"Mant may "PDoint thtt additional arbitrator. The arbitrators thus apl)Ointed .hal~ thams.lyes select:. a third arbitrator. and all the arbitrators 80 named .ha1l be commereial persons or lawyer. con..raant with the tYpe at transaction cont....,lat.cl by this Acrra-trIent. and shall .ett1e the e~a~ or controversy in accordance with the Commercial Arbitration Rule. of the a~erlcan Arbitration Association. Jud9Jl!8nt u~n the award rendered bv the arbitrator. shall be final. bindina and concluaiye UDon the partie. and. their re8"Oect.ive BUcc...ors and aB.ign,. and may be entered in any court of co~.t~t jurisdiction. IN WITNESS WHEREOF, Associates has executed this Declaration as of the day and year first above written. Signed, sealed and delivered in the pr..Bnce ofs ASsoerATES: BOYNTON BEACH DEVELOPMENT ia !ae pre8eRe~ e~ ASSOCIATES, a Florida general partnership, by its General Partners: Armada/HOffler Boynton Beach, Inc., a Virginia corporation, qualified to do businese in the State of Florida and Baita Soyn':on Beach Partners, a Florida general partnership ARMADA/HOFPLER BOYNTON BEACH, INC., a Virginia corporation, qualified to do business in the State of Florida, its General Partner Print Name of Witness BY: A. RUSSELL KIRK ITS: PRESIDENT Print Name of Witness 95-070/1025-005 Page 14 of 18 95-070/1025-005 c0c EpZ~ Page ]]$ of 18 EEL0-TrZ-L8p:CN ~~l =~::r~.;:j[i r-t; :01 pT:0T LE,-ET-8~~ Print Name of Witness Print Name of Witness Print Name of Witness Print Name of Witness Print wAllIe o~ 1I.:I.tn... Print Dame of W.:ltne.. 95-070/1025-005 BArTA BOYNTON BEACH PARTNERS, a Florida general partnership; its General Partner, by its General Partners: Baita International Inc., a Georgia corporation, qualified to do business in the State of Florida and Boynton Commons Corporation, a Florida corporation BY: DAITA INTERNATIONAL, INC., a Georgia corporation, qualified to do bus1nl!!ss in the State of Florida, ita General Partner BY: WILLIAM M. SULZBACHER, ITS: EXECUTIVE VICE PRESIDENT AND CHIEF OPERATING OFFICER BY: BOY N TON COM M 0 N S CORPORATION, a Florida corporation, its General Partner BY: DONALD B. STILLER ITS: PRESIDENT JfINCDSTBRs BZLL R. WINCHESTER Page 16 of 18 f:0d 6t>'::tt S6Le-!pc-L0p:O~.'=~ ==:: L:l.~C JYb- :: (] I ~! : e! ~E, -E l-EE.= _n. BLSIE A. WZHCHESTBR Print Nama of Witne8S Print Ham. of W1tn... ,AR1'1QUIJIP I WINCJUlS'l'BR, tttNCHBSTRR. ZE1ImR AND SCHR.OBJ)BR~ a Plorida aeneral partnerah1p R~int Name of Witne.. UJ. MICHUL A. SCHROEDER ll1t GBNmRAL PARTNER Print Nam. of Witneas STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, A. RUSSELL KIRK, as PRESIDElIT of ARMADA/HOPFLER BOYNTON BEACH, INC., a Virginia corporation, qualified to do business in the State of Florida, on behalf of the Coxporation, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known to me or has supplied as identification. Notary Public State of Florida My Commission EXpires My Commission Number My Notary Seal: 95-070/1025-005 Page 17 of 18 t>0c: Et>ct:l 86L0-1t>c-LCt':QN i~l S::iJI.::.=lO MIj- :QI ~1:01 LE,-81-83.=l STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, WILLIAM M. SULZBACHER, as EXECUTIVE VICE PRESIDENT AND CHIEF OPERATING OFFICER of BAlTA INTERNATIONAL, INC., a Georgia corporation, authori2ed to do b~siness in the State of Florida, on behalf of the Corporation, a general partner of BAITA BOYNTON BEACH PARTNERS, a Florida general partnership. a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known to me or has supplied as identification. Notary Public State of Florida My Commission Expires My Commission Number My Notary Seal: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, DONALD B. STILLER, as PRESIDENT, of BOYNTON COMMONS CORPORATION, a Florida corporation, on behalf of the Corporation, a general partner of BArTA BOTh'TON BEACH PARTNERS, a Florida general partnership, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES. a Florida general partnership. He is personally known to me or has supplied as identification. Notary Public State of Florida My Commission Bxpire8 My Commission Number My Notary Seal: 95-070/1025-005 J?age 18 of 18 !;0d Et>c~ 86L0-tt>c-L0t>:Ch -'31 S3:I.=.=C f"'b-' :CI 9t:0t L6,-8T-83~ STATZ OP PLORrDA k _ lU1. COmrrY OP PALM: BEACH) The foraqoinq in.~rumAftt wa. a~knowledaed be~ore me on laNCHISTIIR. who are pe~s;::iiv ~:;:\oR~~~~~~~~u:~ RLSl:1: A. .. identification. Print. ~. o~ St~ C~isllion.d NIMIIa of Rotary Puhli~ - State of .lorida ., Cftmmis.ion Bxciresl My CftI'IlIIli s. ion If' tMher t ICy lfota~ Seal: STATE OP rLOR%DA 1 _ l.U..L COtnftY OlP PALM BHACK) The fore9oing instrument wa. a~knawle4aed before me on . . 1997. ~ ~CRAEL A. SCHROBDKR. as aener.l ,artner of WIHCHBSTRR. WTNCHRSTRR. ZZIHRR AND SOHROmDRR. a Plorida qeneral ~artnershi1). on behalf of the partnership. He :1a aersona1ly known to me. Print. ~. or S~.mn Commi..lone4 Wama of Notarv Public - State of Plori4a NY ~nMM4.8ioD K~lre., My Commis.ion NUmber: NY Notary Seal: (3:\7'CLIENTS'STI~~ER\&OYNTON4.CO" 1035-005 02/14/971 95-070/1025-005 Page 19 of 18 sed Et'cl:l 8ELe-T7C-~0v:CN '31 S3: I ..:..:0 1'11::"'"' :or st:0t L6,-8t-83~ 02/14/97- - 17:08 ~~ & lAROE, P.A. NJ.1J16 004 PREPARED BY AND RETURN TO: MICHAEL A. SCHROEDER, ESQ. SCHROEDER AND IARCHE f P. A. ONE BOCA PLACE, SUITE 319-A 2255 GLADES ROAD BOCA RATON, FLORIDA 33431-1383 DBCLA.aA'1'ION 01' BASBMSlftS. RIS'1'R:l:C'l'IONS Am) fRO'1'BCTIVE COVENANTS THIS DECLARATION OF EASEMENTS, RESTRICTIONS AND PROTECTIVE COVENANTS is made this _ day of , 1997. by and among Boynton Beach Development Associates. a Florida general partnership ("Assoeiates'l) whoee addre8a is 8130 Baymeadows Way West, Jacksonville, Florida 32256, Winchester, Winchester, Zeiher and Schroeder I a Florida general partnership (the "Partnership") whose address is One Boca Place, Suite 319A, 2255 Glades Road, Boca Raton, Florida 33431, and Sill R. Winohester and Elsie A. Winchester (collectively "Winohester") whose address is Post Office Drawer 1240, Boynton Beach, Florida 33445. RBCXTALS A. Associates is the fee simple owner of certain real property located in Boynton Beach, Florida legally described on Exhibit "A" attac::hed hereto (ehe "Property" or the "Shopping Center'l) and depicted on the approved Site Plan attached hereto as Exhibit ns.. (the ItSite Plan"). B. Associates is developing the Proper~y as a retail shopping center in acoordance with the Site plan. C. Associates desires to hereby establish certain easemenes and restriotions pertaining to the Property and otherwise proVide for its unified control. D. As80ciates has acquired the Property from Winchester. 95..070/102~-OO!; page 1 ot 18 02/14/97- 17:08 SCJ-iRCErER- & L~, P. A. ~n. 016 005 E. As a material inducement for the sale of the Property by Winchester. Associates has agreed to establish certain easements and restrictions pertaining to the Property for the benefit the of Winchester Land Owner. F. In connection w1 th the development of the Shopping Center, the City of Boynton Beach, Florida has required Associates to establish a landscape buffer on property owned by the Partnership. G. As a material inducement for the Partnership granting Associates a perpetual non-exclusive la.ndscape easement. over, across/ under and through the Easement Property (as hereafter defined), Aseociates has agreed to establish certain easements and restrictions pertaining to the Property for the benefi t of the Partnership Land Owner. NOW, THEREFORE, Associates hereby declares and establishes the following easements, restrictions and protective covenants: ARTICLE ---I DBP1H:J:'1'IONS 1.1 Declaration. This Declaration of Easements, Restrictions and protective Covenants. 1.2 Partnership Land. The real property located in Boynton Beach, Florida, legally described on Exhibit Me" attached hereto. 1.3 Pa~nersl1i~ Land Own~r. The owner or owners of the Partnership Land. 1.4 Winchester La~. The real property loca~ed in Boynton Be.ch, Florida, legally described on Exhibit "0" attached hereto. 1.5 Winches~er Land Owner. Winchester Land. 1.6 Buildin9 Areas. All those portions of the Shopping Center (as hereinafter defined) on which buildings are constructed, or to be constructed, all in accordance with the Site Plan, The owner or owners of the 1 . 7 Common Ax:eas. The porti.on of the Shopping Center, exclusive of the Building Areas, intended for common and non- exclusive use by the Responsible Party, its successors, assigns, employees, agents, invitees, guests ~nd tenants, and its tenant's successors, assigns, agents, employees, 1nvitees, guests and subtenants, including, but not limited to, all entrances, exits, drivewaye, roads, parking areas, parking spaces, sidewalks, service drives. utilities, drainage and storm water runoff and retention 95-070/1025-005 Page :2 of 18 02/14/97. -17:08 SO-A:EDER & LARCHE, P. A. NJ.016 006 facilities and landscape areas~ as may now or in the future be located on the Shopping Center. as changed from time to time by the Responsible Party. 1.8 Responsible Party. The owner of the Property; provided, however, tbat if such owner shall transfer, oonvey or ground lease its interest in eny portion of the Property in such a manner as to create multiple owners of the Property then the person ownina the largest portion (based on square footage) of the Property shall be the "Responsible party". 1.9 Easement Property. The real property located in Boynton Beach, Florida. and legally described on Exhibit "E" attached hereto. A1l'1'ICLE II PROPERTY SUBJEC'l' 't~ THIS DE~.AR.A.'1'IOH Upon the recordation hereof, the Shopping Center shall be held, transferred, encumbered, sold, conveyed and occupied, in whole or in part, subject to this Declaration. ~TICLE ~II: GRANT 01' EASEMENTS POR ~HOPP::rJlG CBNTER 3.1 Vehicular ~nd Pedeg~r1jn ACC~SB. Tne Responsible Party, its suocessors, assigns, employees, agents, invitees, guests and tenants and its tenants' successors, assigns ( employees, agents, invitees, guests and subtenants shall have a perpetual, non- exclusive easement for the purpose of vehicular and pedestrian ingress and egrese, to and from, over, upon and across the entrances, exits, driveways and other Common Areas. 3.2 Vehicu~~r Parkin9. The Responsible Party, its successors, ass~gns, employees, agents, inviteee, guests and tenants and its tenants. successors, assigns, employees, agents, invitees, guests a.nd subtenants shall have a. perpetual~ non- exclusive easement for the purpose of vehicular parking, over, upon and across the parking areas and parking spaces of th~ Common Areas. 3.3 gtility Ea,ement,. The Responsible Party shall have a perpetual, non-exclusive easement for the purpose of installing, operating, maintaining, repairing, replacing, renewing ana tying into any and all utility lines, drainage facilities and related facilities. including surface drainage rights, over, above, along, 95-070/1025-005 ~age 3 of 1B ..^._,._------~ 02/14/97 .17:00 SiYRCEDBi & LAFD-E. P. A. m.Oi6 007 under, in and across the Shopping Center wherever these utility lines or facilities may be located. AR'l'IC,2 IV. OJY.N'l' OP nSEMENTS F9R PARTNERSHIP LAHD 4.1 Vehicular and fede.~rian Aece8S. The Partnership Land Owner, its successors, assigns, employees, agenca, inviteesr guests and tenants and its tenants. successors, assigns, employees, agents, invitees, guests and subtenants, shall have a perpetual, non-exclusive easement for the purpose of vehicular and pedestrian ingress and egress, to and from, over, upon and across the entrances, exits, driveways and other Common Areas. 4.2 Utility Easements. The Responsible Party shall, at its expense, and in connection with the construction of the Shopping Center bring the sanitary sewer and drair.ags systems for che Shopping Center to the boundary line of the Partnership Land. The partnership Land owner4 its successors, assigns and tenants and its tenants' successors and assigns, shall have a. perpetual, non- exclusive easement for the purpose of connecting with and utilizing the sanitary sewer and drainage systems located on the Property, at no cost or expense to the Partnership Land Owner or any occupant of the Partnership Land. AR'l"!CLE V JOD1'T ROADWAY The Responsible Party shall oonstruct, at its expense and at the time of the construction of the Shopping Center, the roadway reflected on the Site Plan as "Joint Roadway". The Joint Roadway shall be constructed so chat at all times the south line of the Joint Roadway shall front, without gap or gore, on the north property line of the Partnership Land and shall have curb cute into the Partnership Land where designated by the partnership Land OWner subject, however, to the requirements of governmental authorities. The Responsibl& Party shall, at its sole cost and expense, maintain in good repair and condition the Joint Roadway. ART~CLE VI NO BUI.LD AREA The Responsible Party agxeee, that it will not construct or permit to be construct.ed. any Dailding o~ other structure or improvement in the area depicted as the "No Build Area I' on the Site Plan, except for parking areas, driveways, landscaping and other amenities customary in first class shopping centers, such as light standards, benches and directional signage, without having first 95-070/1025-005 Page 4 of 19 132/14/97' .17:08 S-I-lRCEDp:L & LARCHE, P. A. NJ.016 008 obtained the prior written consent of the Winchester LAnd Owner, which consent may be withheld by the Winchester Land Owner in its sole and absolute discretion. M~%CLB v:n: S:r:GRACB There shall not be installed on the Property or on buildings constructed on the Property by the Responsible Party, any tenant or occupant of the Shopping Center or their respective agents or employees (collectively the "OWner/Tenants") any signa of the following' type~ (1) flashing, moving or audible signs, (2) signs employing exposed raceway, exposed neon tubes, exposed ballast: boxes, or exposed transformers provided that eignage may employ such methods necessary for the installacion of internally illuminated self-oontained channel letters; or (3) paper or cardboard signs other than professionally prepared interior window signs advertising special sales within the subject premises, temporary signlS (exclusive of contractor signs). stickers or decals, provided, however, the foregoing shall not prohibit the placement at the entrance of each such premises a small sticker or decal, indicating hours of business, emer~ency telephone numbers, credit cards accepted, and other similar lnformation. U'fJrn.E VII:1: CQHSTRV0'f:ON 8.1 Con~truction of CommQJJ Areas. The Responsible Party shall be responsible for the construction of all utilities, parking areas, driveways, access ways, roadways, sidewalks and walkways, exits and entrances and other Common Areas located in the Shopping Center. 8,2 Gene~al Construction R.~iremen~g. All construction, alteration or repair work, undertaken upon any portion of the Shopping Center by the Owner/Tenants subsequent to the construction of the improvements depicted on the Site plan, shall be performed in a neat, safe and workmanlike manner and shall be accomplished in an expeditious. diligent and speedy manner. All reasonable measures shall be taken to minimize any disruption or inconvenience caused by such work to the Responsible Party and the oceupants of the Shopping Center and their customers and invitees (collectively the "Occupants") and adequate provisions shall be taken for the safety and convenience of the Occupants. Such work shall be accomplished in such a manner so as to minimize any damage or adverse effect, including dust ana noise, which might be caused hy such work to the Occupant and the affected portion of the Shopping Center ana cause as little disruption of and interference with use of the Common 95-070/1025-005 Page S of 18 02/14/97 '17:08 SGRCEDEP-~ LARO-E. P. A. ~-D. 016 009 Areas and ocher portions Qf the Shopping Center as reasonably possible. The person performing or authorizing such work shall repair, at its own cost and expense any and all damage caused by Buch work and shall restore the affectea portion of the Shopping Center upon which such work is performed, to a condition equal to or better than the condition existing prior to beginning such work. In addition, the person performing or authorizing such work shall pay all costs and expenses associated therewith and shall indemnify, defend and hold Occupants harmless from all damages, losses or claims attributable to the performance of such work. Without limiting the generality of the foregoing, in connection with any action to enforce this indemnity (as distinguished trom any action against the indemnifying party by its employees), the indemnifying party hereby waives any immunity, defense, or protection that may be afforded by workers' compensation, industrial insurance or similar laws. The person performing or authorizing such work ahall use good faith efforts to cause its contractors and subcontractors to include such indemnity t:=rovisions in their contracts pertaining to work in the Shopping Center. Any such work, except in case of emergency, shall be undertaken only after giving the Responsible Party thirty (30} days prior written notice of the work to be undertaken, the scope, nature and extent of the work, the duration of the work, and the area in which the work is to be performed. 8.3 Qtility Connections. Any work performed by the Owner/Tenants to connect to, repair, relocate, maintain or install any storm drain, utility line, sewer, water line, gas line, telephone conduits or any other publiC utili.ty service subsequent to the construction of the improvements depicted on the Site Plan shall be performed so as to minimize interference with the provision of the such services to any other Occupant. The persons performing such work shall not interfere with any such public utilities and services if such i.nterference would disrupt the orderly development and operation of the businesses conducted by any other Occupant on any other portion of the Shopping Center. The pereon performing or authorizing such work shall bear the coat of any overtime or other additional expense necessitated by suoh request. Any work or installation, alteration, replacement or repair of utility installations which requires interference with the paving in the parking area or driveways in the Common Area shall be undertaken with particular care 80 as to minimize the impact upon traffic circulation within the Common Area and access of all users to the various business establishments in the Shopping Center. 8.4 Complianc~ with Laws. All construction work undertaken at the Shopping Center by the Owner/Tenants subsequent to the construction of the improvements depicted on the Site Plan shall comply with any plans and specifications therefor approved pursuant the requiremenes set forth in the lease of the person undertaking such work, the requirements of all applicable governmental 95-0?O/l025-005 Page E of IB 02/14/97 17:08 SCH~OE[€R.. 8. L~I-E, P. A. t-iJ.016 GJ10 authorities having jurisdiction and all applicable laws, ordinances, rules and regulations of such authorities, including without limitation, zoning laws and building codes. All necessary licensee and permits ahall be received from governmental bodies and agencies prior to commencing such construction work. 8.5 Time Reetrictions. Subsequent to the construction of the improvements depicted on the Site Plan, no construction activity undertaken by the owner/Tenants, including storage of constrJction equipment or materials, shall be conducted or permitted in the Common Areas during the period from August 1 through August 31 or during the periOd from November 1 through December 31 of any calendar year unless such construction actiVity is conducted only within an enclosed area without obstruction to any part of the parking areas, driveways, walkways, or accesses, or unless such construction activity is required in connection with emergency repairs or as a result of a casualty and in such instance the construction activity shall be conducted pursuant to the other requirements of this Article VIII. 8.6 Fencin9 Off Construction. Subsequent to the construction of the improvements depicted on the Site Plan, to the extent reasonably practical, the owner/Tenants performing construction work ahall. at its own cost and expense upon request of any Occupant open for business, fence off or cause to be fenced off any development, construction, repair, alteration or remodeling work to be performed on any exterior portion of the Shopping Center. Fencing shall be of such height and of a construction sutficient to protect existing faoilities in the Shopping Center from dust, debris and other inconveniences occasioned by such work, and to protect users from safety hazards reSUlting from such work. In addition, such fenoing shall be constructed of materials which are architecturally harmonious. Eaoh fence and the signs or advertising material placed upon each fence shall be painted with a color or colors harmonious with the colors of the balance of the Shopping Center buildings. 8.7 St.aqinQ and Int~rfereI\<re. Subse~nt t.o the construction of the improvements depicted on the Site Plan, the owner/Tenants shall use all reasonable efforts not to interfere with the other Occupants construction activities. All reasonable efforts shall be used to coordinate other Occupancs construction activi.ties and staging areas with such construction activit1es and such staging areas so as to minimize interference with operations, to avoid the undermining of any footings, to prevent the obstruction of the parking areas and to minimize interference with the Visibility of Occupants' buildings from all surrounding roadways. 8.S Condition of Work $ite. Subsequent to the construction of the improvements depictea on the Site Plan, the Owner/Tenants shall keep the construction site and surrounding kept reasonably clean and free of construction material, trash and debris and the constructing party shall take appropriate precautions to protect 95-070/1025-005 Page ., of 19 02/14/97 17:08 SC!-KEDERJ~, LF='RC/-€, P. A. NJ.016 ~11 against personal injury and property damage to the owners, other tenants, licensees, permittees or invicees. 8.9 IPdemnif~cation. Any tenant of the Shopping Center who does not comply, or who does not cause its employees and agents to comply, with the requirements and restriotions set forth in Sections 8.2 through 8.9, inclusive, shall indemnify and save harmless the Responsible Party from and with respect to all claims, damages, cause of action, juagments, losses, damages (including consequential damagos), costs and expenses, including reasonable attorneys' fees and costs, which the Responsible Party may suffer or incur as a result of such tenant or such tenants' agents or employees failure to comply with Sections 8.2 through 8.8, inclusive. ~T~CLE IX JlAIm'ENANCB The Responsi.ble Party shall maintain in good repair and condition all utilities, parking areas, parking spaoes, driveways, access ways, roadways, sidewalks and walkways, exits and entrances and other Common Areas located in the Shopping Center. AJ.'1'ICLl!: X INStJRANCIil The Responsible Party shall obtain and maintain comprehensive general liability insurance or (i) at least $1,000,000.00 with respect to bodily injury or death to anyone person, (i1) at least $2,000,000.00 with respect to bodily injury or death arising out of anyone occurrence, and (iii) at least $1.000,000.00 with respect to property damage arising out of anyone occurrenoe. YTICLJ XI ~SCAPE EASEME~ 11. 1 ~,ndsc~e Easement. The Partnership hereby grants to the Responsible Party, its successors and assigns, a perpetual non- exclusive easement over, acrose, under and through the Easement Property for purposes of planting. installing, maintaining, repl~cin9 and renewing. at the Responsible Party'lI expense, a lanciecape buffer for use by the Property (the "Landscape Suffer"). '5-070/1025-005 page 8 o! 16 02/14/97 .17:08 ~& u:RGE, P.R. t>Cl.016 1;112 11.2 Inl!ltallation and p+antina of Langscap~ Bu~fer. The Responsible Party shall, at ita sole cost and expense, cause to be planted and inst:alled all plants, shrubs and other materials comprising the Landscape Buffer. The Responsible Party shall be responsible for repairing any damage done to the Partnership Property in connection with planting and installing the Landscape Buffer. the Landscape Buffer will be installed and planted strictly in accordance with the requirements of applicable laws, rules, COdesl ordinances and other requirements of governmental entities. 11.3 C~ditioP.B to Commenoini' Installp,tion. Prior to the planting and installation of the Lanaaeape Buffer, the Responsible Party shall deliver to the Partnership (i) certificates of insurance andcop1es of applicable policies providing comprehensive general liability coverage in an amount of not less than One Million Dollars ($1,000,000.00) and with a deductible of not less than Ten Thousand Dollars ($10,000.00) naming the Partnership, as an additional insured, which certificates and policies shall incluce prOVisions and provide coverage reasonably acceptable to the Partnership; (ii) a copy of the Contract for the installation of the Landscape Suffer, which will only be for the installation of the Landscape Buffer on the Easement Property and for no other facilities or i.mprovements including the Shopping Center to be constructed by the Responsible Party on the Property; (iii) a copy of the Notice ot Commencement recorded in the public Records of Palm Beach County, Florida, but only atter havin9 first obtained from the partner.nip the prior approval of the proposed Notice of Commencement, wh1ch Notice of Commencement shall describe the property to be improved as the easement rights of the Responsible Party in the Easement Property and shall describe the improvements to be made a8 the Landscape Buffer, ana evidence that the recorded Notice of Commencement has been posted on the Easement Property in accordance with applicable law; (iv) a written statement from any person or entity, contractor, subcontractor, laborer or material supplier who has performed work or rendered services or provide labor or materials, in conjunction with the installation of the Landscape Buffer acknowledging that such person Qr entity shall look solely to the Responsible party and its easement interest in the Easement Property for payment in conjunction with such work and confirming that such person or entity has no right to file any lien against the ownership interest of the partnership in the Easement Property or any claim against the Partnership in conjunction with such work or any payment due with respect thereto; and (v) copies of the plans and specifications for the Landscape Buffer, which plans and specifications must be approved by the Partnership prior to submission to the City of Boynton Beach, which approval shall not be unreasonagly withheld or delayed and a copy of all permits required to install the Landscape Suffer. 11.4 hmoval of t,.iens. In the event any person or entity providing labor or services or providing materials in conjunction with the installation of the Landscape Buffer shall file a lien 95-070/1025-005 Page 9 of 18 02/14/97 -17:03 ~DER & u:A::}.E, P. A. l'-Cl.016 (;113 agajnst the Easement Property, the Responsible Party shall indemnify and hold harmless the partnership from and against any and all claims asserted by any such person or entity and shall, no later than five (5) days after written notice thereof, cause auch lien to be satisfied or transferred to bond. 11.5 Inde~ifioation. The Responsible Party, its successors and assigns, shall indemnify, defend and hold harmless the Partnership and it. respective partners, employees, agents, successors and assigns from and aga.inst any and all claims, actions, damages, fines, liabilities and expenses (includina without limitation reasonable attorneys I fees, court costs and expenses, whether at arbitration, at trial, on appeal or in any bankruptcy or post jUdgment proceeding) which may be imposed upon, incurred by or served against them, including, but not limited to, those incurred in connection with loss of life, personal injury and/or property damage, or any of them, arising from, or out ot or related to ehe installation, maintenance and use of the Landscape Buf fer. 11.6 MAintenance. Responsible party shall, at its sole cost and expense, maintain in good repair and condition the Landscape Buffer. 11.7 ~~al Estate Taxes. The Responsible party shall pay to the Partnership, within twenty (20) days of receipt of a copy of the tax bill and a compueation of the Responsible Party's prorata share of such tax bill, real estate taxes and assessments for the Easement Property. The Responsible Party acknowledges that the Easement Property will not be separately assessed and. that the tax bill to be used tor purposes of making the computation shall include the Easement Pro~rty. The Responsible Party further agrees that the real estate taxes and assessments for the Easement Property shall be determined by multiplying the total taxes and assessments reflected on the tax bill by a fraotion, the numerator of which will be the acreage of the Easement Property and the denominator of which will be the total acreage of the land covered by the tax bill. 11.8 ~ngurance. The Responsible party shall maintain, throughout the term of this Agreement, the insurance described in paragraph 11.3 above. No later than thirty (30) days prior to the expiration of such pol icy, the Partnership shall provide Partnership with evidence that such policy has been renewed for an additional year. In addition to the requirements Bet forth in Section 11.3 above, the policy shall provide that it will not be oanceled Or modified without Partnership having first been provided with thirty (30) days prior written notice. 11.9 ~imitation of Li,n Ri9hts. Nocwitnstanding anything to the contrary oontained herein, no interest of the Partnership hereunder or any otber interest of the Partnership in the Easement Property shall in any manner be eubject to lien, claim, demand or 95-070/1025-005 Page 10 of 18 02/14/97. .17:08 SORErER ? LffiGt. P. A. t'-IJ.016 (;114 imposition under the construction lien laws of the State of Florida, otherwise for any improvement, labor, materials or services rendered at or upon the Easement Property by or at the request ot the Responsible Party, whether or not the Partnership shall have consented to same. 11.10 Termination o~ Landsca~e EaQement. The landscape easement granted to the Responsible Party pursuant to Section 11.1 hereof shall terminate on the date the City of Boynton Beach, Florida, eliminates, in writing, any requirement that the Responsible Party continue to maintain the Landscape Suffer for the benefit of the Property. The Responsible Party agree. to execute any and all documents necessary to terminate the landscape easement granted herein in the event this condition is satisfied. 11.11 Use of Landsg~p, Buffe;. The Responsible Party acknowledges and agrees that the Partnership Land OWner may use all or a portion of the Landscape Buffer to satisfy requirements of the City of Boynton Beach, Florida, in connection with the development of the Partnership Property ana, notwithstanding the foregoing, the Responsible Party Bhall continue to maintain the Landscape Buffer at its sole cost and expense and pay all real estate taxes with respect thereto. Y'I'JCLJi: XI ICISCELLAlfEOtJS 12.1 Amendment. and Termi~at~pn of Decla:ration. This Declaration may only be modified or rescinded, in whole or 1n part, by the Responsible Party, its successors or assigns. Notwithstanding the foregoing, Articles IV, V and XI may not be modified or rescinded without having first obtained the prior written consent of the partnership Land OWner and Article VI and Section 12.2 may not be modified or rescinded without having first obtained the prior written consent of the Winchester Land OWner. In the event this Declaration is terminated or modified to delete the maintenance obligations set forth in Article IX hereof, the Responsible Party shall continue to be responsible for the maineenance of all utilities, parking areas, parking spaces, driveways, accessways, roadways, sidewalks and walkways, exits and entrances and other Common Areas located in the Shopping Center. The terms of this Section ll.l shall survive the termination of this Declaration. 12.2 Amendme~~ of Site Plan. Nothing herein shall be construed to prevent the Responsible Party from amending the Site Plan without the consent of any oeher party unless (i) the code or ordinances of the City of Boynr.on Beach require its consent in which event the Site Plan ehall not be amended without having first obtained the consent of the City of Boynton Beach; or (ii) the amenament would change the No Build ~r.a in which event the Site 95-070/1025-005 Page 11 of 19 02/14,/97 . 17:00 SCI-F!CE~ & LffiO-E, P. A. t-IJ.016 [;l15 Plan shall not be amended without having first obtained the consent of the winchester Property Owner. 12.3 Cov1i!nants R~nnina with ~he Land. The terms, conditions, eovenants~ rights and ob11gatione contained within this Declaration shall run with the Shopping Center, the Winchester Property and the Partnership Property, as the ease may oe, and inure to and be for the benefit of the partnersh.ip Land Owner, the Winchester Lana OWner, the Responsible Party, and their respective heirs, personal representatives, successors, assigns, employees, agents, invitees. guests and tenants and their tenant's successors, assigns, employees, agents, inviteee, guests and subtenants for an initial term commencing with the date this Declaration is recorded in the Public Records of Palm Beach County, Florida and continuing until December 31, 2025. This Declaration shall automatically be extended for additional per:i.ode of ten (10) years each unless terminated in writing by written Agreement of the Respon8ible Party and all other OWners of any portion of the Shopping Center and filing of such termination in the Public Records of Palm Beach County, Florida prior to such date ot extension. 12.4 Severabil1t~. In the event that any part, term or provision of this Declaration shall become illegal, null or void for any reason, or shall be held by a court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 12.5 ~p1ic~hle Law. This Declaration shall be governed by and construed in accordance with the laws of the State of Florida. 12.6 ~o Oediqation. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center to the general public or for the general public or for any public purposes whatsoever. it being the intention of the parties that this Declaration shall be strictly limited to and for the purposes herein expressed. Moreover, the Responsible Party reserves the right to close off any portion of the Common Areas for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone. 12.7 Consent or ApDroval of partne~ship Land Owner. In the event the terms of this Declaration require the consent or approval of the Partnership ~and Owner and the Partnership Land is owned by more than one person, then consent or approval must be obtained from the person owning the largest portion (based on square footage) of the Partnership Land. 12.8 Consent or Approv,l of Winehes~er Land Owner. In the event the terms of this Declaration require the consent or approval of the Winchester Land Owner and the Winchester Land is owned by more than one person, then consent or appreval must be obtained from the person own.i.ng the largest portion (based on square footage) ot the Winchester Lana. 95-070/1025-005 Page 12 of 18 02/14/97 17:08 SCHROEI:ER & lARCI-E, P. A. NJ.016 Q16 12.9 Default. If there is a failure by any party to perform, fulfill or observe any agreement contained herein, and such failure shall continue for fifteen (15) days after written notice from the other party, then, in addition to all the remedies available at law or in equity the non-defaulting party may, but shall not be obligated to, pertorm such obligation on behalf of the other party. In the event a default is not cured as provided herein, ana the non-defaulting party is required to expend monies as a result thereot, such amounts shall be immediately due and payable by the defaulting party and shall bear interest at the rate of eighteen (l8t) percent per aMum, or the highest rate permitteci by law, whichever is lower, until paid. In the event of a breach or attempted or threatened breach of any obligation set forth herein, in addition to any other remedy available at law or in equity, the non-defaulting party shall be entitled to full and adequate relief by injunction. 11.10 Attorneys' Fees and COS~8. In oonnection with any arbitration or litigation, arising out of this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorneys' fees for services rendered in connection with such arbitration or litigation, including post-judgment, administrative, bankruptcy and appellate proceedings. 11.11 ~QticeB. Any notice, request, demand or other communication required or permitted to be given under this Agreement shall be in writing, addressed to such person as provided a}:)ove or as otherwise instructed pursuant to notice 9i ven under the terms of this paragraph, and shall be deemed given or delivered fa} when personally delivered, or (b) three (3) days after mailing by deposit with the United States Postal Service, postage prepaid, by certified or registered mail. return receipt requested, or (e) one (1) day after acceptance for delivery by Pederal Express or any other nationally recognized overnight delivery service. 11.12 A~bitration. In the event of any controversy or claim arising out of or relating to this Agreement, or the breach thereof, the party asserting such controversy or claim (the .ClaimantP) shall decide whether it shall be brought before a court of recora in the State of Florida in Palm Beach County or settled by arbitration. If ehe Claimant chooses arbitration, it shall imnec:iiately notify the other party of this decision, and by written notice within ten (10) days of the initial notice name an arbitrator. Within ten (10) days of receipt of such notice, the other party shall, by written notice to the Claimant, appoint one addi tional arbi trator. In the event the other party does not timely appoint an arbitrator, the Claimant may appoint the additional arbitrator. The arbitrators thus appointed shall themselves select a third arbitrator, and all the arbitrators so named shall be commercial persons or la~ers conversant with the type of transaction contemplated by th1s Agreement, and shall settle the claim or oontroversy in ac~ordance with the Commercial 95-070/1025-005 Page 13 of 18 02/14/97 17:00 ~r:ER & LARO-E. P. A. t-D.016 (;117 Arbitration Rules of the American Arbitration Associaeion. Judgment upon the award rendered by the arbitrators shall be final, binding and conclusive upon the parties and their respecti'V"e successors and assigns, and may be entered in any court of competent jurisdiction. IN WITNESS WHEREOF, Associates has executed this Declaration as of the day and year first above written. signed, sealed and delivered in the presence of: ASSOCIATES: BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership, by its General partners: Armada/Hoffler Boynton Beach, Ine. , a Virginia corporation, qualified to do business in the State of Florida and Baita Boynton Beach Partners, a Florida general partnership ARMADA/HOFFLER 80YNTON SEACH, INC., a Virgi.nia corporation, qualified to do business in the State of Florida, its General Partner BY: A. RUSSELL KIRK ItS; PRESIPEm Print Name of Witness Print Name of Witne&s 95-070/1025-005 Page 14 of 18 02/14/97 17:0El SCl-RCEDER & LffiCI-E, P. A. print Name of witness Print Name of Witness Print Name of Witness Print Name of Witness Print Name of Witness Print Name ot witness NJ.016 ~18 SAlTA BOYNTON BEACH PARTNERS, a Florida general partnership, its General Partner, by its General Partners: Saita !nternational Ine., a Georgia corporation, qualified to do business in the State of Florida and Boynton Commons Corporation, a Florida corporation BY: BAITA INTERNATIONAL, INC.. a Georgia corporation, qualified to do business in the State of Florida, its General Partner BY; WILLIAM M. SULZBACHER. ITS: EXECUTIVE VICE PRESIDENT AND CHIEF OPERATING OFFICER BY: BOYNTON COMMONS CORPORATION, a Florida corporation, its General Partner BY: DONALD a. STILLBR ITS: PRESIDENT WINCHESTER: BILL R. WINCHESTER 95-070/1025..005 Page 15 of 18 02/14/97 17:08 sa-RCEI::ER & ~. P. A. t-IJ.016 (;l19 ELSIE A. WINCHBSTER Print Name of Witness ~rine Name of Witness PARTNERSHIP: WINCHESTER, WINCHESTER, ZElHER AND SCHROEDER, a Florida seneral partnership BY: MI CHAEL A. SCHROEDER ITS: GBNE~ PARTNER Prine Name of Witness Print Name of Witness STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority. this date personally appeared, A. RUSSELL KIRK, as PRESIDENT of ARMADA/HOFFLER BOYNTON BEACH. INC., a Virginia corporation, qualified to do business in the State of Florida, on behalf of the Corporation, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known to me or has supplied as identification. Notary public State of Florida My Co~~i8.ion Expires My Commission Number My Notary Seal: 95-070/1025-005 Page 16 of 18 02/14/97 17:08 SCl-RCEDER & ~, P. A. NJ.016 17.20 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the unaersigned authority, this date personally appeared, WILLIAM M. Sm,ZBACHER, as EXECUTIVE VICE PRESIDENT AND CHIEF OPERATING OFFICER of SAITA INTERNATIONAL, INC. I a Georgia corporation, authorized to do business in the State of Plorida, on behalf of the Corporation, a general partner of BAlTA BOYNTON BEACH PARTNERS, a. Florida general partnership, a general partner of SOYNTON BEACH DEVELOPMENT ASSOCIATES I a Florida general pa~tn.r.hip. He is personally known to me or has supplied B8 identification. Notary Public State of Florida My Commission Expires My CO~8.ion Number My Notary Seal: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, DONALD B. STILLER, as PRES I PENT , of BOYNTON COMMONS CORPORATION, a Florida corporation, on behalf of the Corporation, a general parener of BAtTA BOYNTON BEACH PARTNERS, a Florida general partnership, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known to me or has supplied as identification. Notary Public State of Florida My Commission Expires My Commission Number My Notary Seal: 95-070/1025-005 page 17 of 1S 02/14/97 17:08 ~DER & LARL""'HE, P. A. NJ.016 ~1 STATE OF FLORIDA ) )SS: COUN'l'Y OF PALM BEACH) The foregoing instrument was acknowledged before me on , 1997, by SILL R. WINCHESTER and ELSIE A. WINCHESTER, who are personally known to me\have produced as identification. Print, Type or Stamp Commissioned Name of Notary Public - State of Florida My Commission Exoires: My Commission NuTnber: My Notary Sea.l: STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH) The foregoing instrument was aoknowledged before me on , 1997, by MICHAEL A. SCHROEDBR, as General Partner of WINCHES~ER, WINCHESTER, ZElHER AND SCHROEDER, a Florida general partnership, on behal f of the partnership. He is personally known to me. Print, Type or Stamp Commissioned Name of Notary Public - State of Florida My Commission Expires: My Commission Number: My Notary Seal: (J:\7\CLIENTS\STILLaR\BOYmTCN4.DEC 1025-005 02/14/91) 95-070/1025-005 Page 18 of 18 02/14/97 17:08 SCH~(EIER & LARGE. P. A. HJ.12l16 l7.22 1XK.11'1' "A- LEGAL DESCRIPTIO. O~ FROPEKTY 1212/14/97 17:1218 SCI-REI:ER & ~, P. A. f\JJ.016 lh13 EXHIBIT .S" Sit. Plan [To be attached] 02/14/'37 17:08 SCl-RCEDER & ~, P. A. HJ.016 [7.24 EXHIBIT "e" PAR'l'NERSHIP LAND 02/14/97 17:08 ~ & LAROE. P.A. t-IJ.12l16 [;J25 EXHIBIT "0" LEGAL DESCRIPTION ~OR WINCHESTER LAND 02/14/97 - 17:08 SCH'.'CEIER. & ~. P. A. t-IJ.016 l7.26 BXHIBIT liB" EASEMENT IJROPERT'Y rnrn mn\VJm rn FEB 2 I 1997 DEPARTMENT OF DEVELOPMENT ENGINEERING DIVISION MEMORANDUM NO. 97-025 PLANNING AND ZONING DEPT. February 20, 1997 To: Michael J. Pawelczyk, Assistant City Attorney From: Al Newbold, Acting Development Director Re: Boynton Commons Declaration of Easements, Restrictions and Protective Covenants Pursuant to your request of Ken Hall, Engineering Division, I have reviewed the above referenced Declaration and offer the following comments: Your comment to Mr. Pellingra should indicate that Engineering, a Division of the Department of Development, did not request a Declaration nor should we indicate an approval that this form comply with Chapter 2, Section 6, F(3) Unified Control. I understand that the request for Unified Control was made by Planning. No zoning ofland to a PCD Classification shall be adopted without a Certification by the City Attorney that such agreements and evidence of Unified Control meet the requirements ofthe Zoning Regulations. See Chapter 2, Page 2-54, Land Development Regulations (copy attached). If it meets with approval of the Planning and Legal Departments, we will have no problem once the process is completed per Code. 4<~ Al Newb AN:mh Attachments: Page 2-54, Land Development Regulations cc: Mike Haag, Current Planning Coordinator Ke~. ~-lall, E:r.ir,eering Plan C~ecl~ bspecti)~/T c~1:1nit.:ian c:\ WPWIN60\ WPDOCS\ TRC\BCOMMONS. WPD S6 evidence of the unified control of the entire area within the proposed PCD. The applicant shall agree to: a. Proceed with the proposed development according to the provisions of these zoning regulations and -conditions attached to the zoning of the land to PCDi b. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PCD and for continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expensei and c. Bind their successors in title to any commitments made under subsections 3a and b above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to the PCD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 4. Standards for planned commercial developments. In formulating recommendations and reaching decisions as to the zoning of land to the planned commercial development zoning classification, the planning and development board and City Commission shall apply the following locational, utility and environmental standards consistent with the comprehensive plan in addition to the standards established in Section 9.C of these zoning regulations applicable to rezoning of land generally. a. Relation to major transportation facilities. A PCD shall be so located with respect to major roadways or other transportation facilities as to provide direct access to major transportation facilities without creating or generating an unacceptable level of traffic along streets in residential areas or districts outside it. b. Extensions of publicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded to the city clear of any encumbrances. Construction standards employed in the installation of publicly maintained utilities and storm sewers shall be those promulgated by the engineering and utility departments as amended periodically. Concerning streets, consistent with the intent of Ac1opt.c1 April 4. 1995. Orc1i.nanc. 095-0l a..v1..d 2-54 MEMORANDUM rnm@rnnw~G1 ~-: , 8 Ie ~7 , it II . _.J "I ~ I . L...,., \ l I ] ENGINEERING I CITY OF BOYNTON BEACH TO: Ken Hall, Engineering Plans Inspector Mike Haag, Planning and Zoning Michael J. Pawelczyk, Assistant City Attorney 711 ;/}f Boynton Commons Declaration of Covenants and Restrictions FROM: RE: DATE: February 18, 1997 Enclosed herein is a copy of the letter I received from attorney, Alan Pellingra regarding the Declaration of Easements, Restrictions and Protective Covenants for the Boynton Commons Shopping Center. Also enclosed is a black line version indicating recent changes and a clean copy, both provided to me by Mr. Pellingra. The last time I was involved with this project was to approve the draft declaration as to legal form on or about October 31, 1996. Accordingly, I am unaware of what progress has been made since then. Please review the letter and the black line version of the Declaration. I have reviewed the changes and accept them as to legal form, but I wanted to make sure you each did not have any comments as to the revised Declaration before commenting to Mr. Pellingra. Further, please address the four (4) items listed on page 2 of the Pellingra letter. I have indicated to Mr. Pellingra's office that these matters must be forwarded through your respective departments. Should you have any questions, please contact me. MJP laa wp\developments\boynton commons\declaration memo cc: Al Newbold, Deputy Building Official (w/o encls.) Tambri Heyden Planning & Zoning Director (w/o encls.) CITY OF BOYNTON BEACH r:'~~~~~0'~~~E~,~",,,;~.~~,.~m",... ,,' I;' <'_ ',,' . " "! '". " " , r " .., ~,..."-,,,,-. !. ,.r .. .,-,...."...., MEMORANDUM i I :1 2 I 1997 '<",..:;;. .':""".... "'"',.'-..""....--.......,.,..-... ~ -~ ,,- " :1..... .t.J",ii[ , " . · W - j .il \J j .-.... RE: Boynton Commons Unified Control TO: Ken Hall, Eng. Plans Check Inspector Michael 1. pawelczyk, Assistant City Attorney ",ilf FROM: _..' DATE: March 19, 1997 Attached hereto is the original letter dated March 18, 1997, from Alan Pellingra, Esq. that shall satisfy the requirement for unified control with respect to the Boynton Commons Shopping Center. I previously sent a copy of this document to you on March 14, 1997. Please make sure this document is placed with central file for Boynton Commons. Should you have any questions, please do not hesitate to contact me. Encl. MJP laa wpldevelopmentlboynton commoll!\WIified contral2 memo cc: AI Newbold, Acting Director of Development Mike Haag, Planning Coordinator~ SCHROEDER AND LARCHE, P. A. ATTORNEYS AT LAW ONE BOCA PLACE. SUITE 319 . ATRIUM 2255 GLADES ROAD BOCA RATON, FLORIDA 33431 - 7383 MICHAEL A. SCHROEDER W. LAWRENCE LARCHE. ALAN PELLINGRA BOCA RATON 1407) 241 . 0300 BROWARD COUNTY (954) 421 - 0878 TELECOPIER 1407) 241 - 0798 . FLORIDA BAR BOARD CERTlFlED WILLS. TRUSTS AND ESTATES LAWYER March 18, 1997 City of Boynton Beach City Hall 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435-0310 Attention: Michael Pawelzcyk, Esq. Assistant City Attorney Re: Boynton Commons Shopping Center Dear Mike: Bill R. Winchester and Elsie A. Winchester are in the process of conveying the real property legally described on Exhibit "A" (the "Shopping Center") attached hereto to Boynton Beach Development Associates, a Florida general partnership (the "Responsible Party"). The closing is tentatively scheduled for March 13, 1997. In connection with the closing, I have prepared a Declaration of Easements, Restrictions and Protective Covenants (the "Declaration") . The Declaration will be executed in connection with the closing and recorded in the Public Records of Palm Beach County, Florida. Article IX of the Declaration provides as follows: "The Responsible Party shall maintain in good repair and condition all utili ties, parking areas, parking spaces, driveways, accessways, roadways, sidewalks and walkways, exits and entrances, and other Common Areas located in the Shopping Center." This Article was included in the Declaration at the request of the City for the purpose of establishing unified control of the Shopping Center. The City also requested that the amendment and termination section of the Declaration include the following: "In the event this Declaration is terminated or modified to delete the maintenance obligations set forth in Article IX hereof, the Responsible Party shall continue to be March 18, 1997 Page 2 responsible for the maintenance of all utilities, parking areas, parking spaces, driveways, accessways, roadways, sidewalks and walkways, entrances and other Common Areas located in the Shopping Center." This language is set forth in Section 12.1 of the Declaration. Finally, the Declaration, in Section 12.3, provides: "The terms, conditions, covenants, rights and obligations contained within this Declaration shall run with the Shopping Center... and inure to and for the benefit of the Responsible Party, and its successors and assigns." If you need any additional information or if I can be of additional assistance, please contact me. Very truly urs, ---- ALA AP:cc cc: Michael A. Schroeder, Esq. Judy Jocis, Legal Assistant J:\7\CLIENTS\STILLER\SOUTHTRU.BOY\CITYBOY.318 (1025-011) EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND S111JATE IN SECTIONS 19 AND 30, TOWNSHIP 45 SOUTII. RANGE 43 EAST, BEING A PORTION OF LOTS 39, 40. 41. 43 AND 44 OF THE SUBDMSION OF SECTION 19. TOWNSHIP 45 SOUTIl RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7, PAGE 19 OF TIIE PUBLIC RECORDS OF P~"f BEACH COUNTY. FLORIDA. AND A PORTION OF LOT "A", BLOCK I, AND A PORTION OF LOT "A", BLOCK 2 OF mE SUBDIVISION OF PAL"f BEACH FARMS COMPANY PLAT NO.8 OF SECTION 30. TOWNSHIP 45 SOUTH, RANGE 43 EAST. AS RECORDED IN PLAT BOOK S, PAGE 73, OF TIm PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOl'lliEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH. RANGE ~3 EAST; THENCE soum 8?03Z47" WEST ALONG mE SOUTH LINE OF SAID SECTION 19. A DISTANCE OF 60.01 FEET TO A POINT ON mE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE AND THE POINT OF BEGINNING; THENCE SOUTH 0 1~2'43" EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID CONGRESS AVENUE. A orST ANCE OF 17.S0 FEET; THENCE SOUTH 8?O32'47" WEST ALONG A UNE 17.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SECTION 30, TOWNSHIP 4S SOUTH. RANGE 43 EAST. A DISTANCE OF 190.03 FEET; THENCE SOUTH 01on'40" EAST, A DISTANCE OF 42.51 FEET; THENCE SOUTH 87032'47" WEST ALONG A LINE 60.00 FEET SOUTH OF AND PARALLEL WlTIl THE NORTIl UNE OF SAID SECTION 30. A DISTANCE OF 422.95 FEET TO THE EAST LINE OF LOT .. A". BLOCK 3 OF SAID PLAT OF THE PALM BEACH FARMS CO. PLAT NO.8; THENCE NORTIl 01012'53" WEST ALONG SAID EAST LINE. A DISTANCE OF 35.01 FEET TO A LINE 2S FEET SOUTH OF. AND PARALLEL WITH THE NORTIi LINE OF SAID SECTION 30; THENCE SOUTH 8?O32'47" WEST ALONG SAID PARALLEL LINE. A DISTANCE OF 28.70 FEET: TIiENCE NORTII 02~7'13" WEST, A DISTANCE OF 27S.38 FEET; nmNCE SOUTH 83~16'46" WEST, A DISTANCE OF 269.64 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WINCHESTER PARK BOULEV ARC, SAID POINT BEING ON A CUllVE CONCAVE TO THE EAST HAVING A CHORD BEARING OF NORTH 08013'OS" EAST, A RADIUS OF 2193.99 FEET, A CENTRAL ANGLE OF 06059'36"; ~CE ALONG SAID EAST RIGHT OF WAY LINE NORTIIERL Y 267.79 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE CONCAVE TO TIlE WEST HAVING A CHORD BEARING OF NORm 0501S'24" EAST. A RADIUS OF 2149.31 FEET. A CENTRAL ANGLE OF 12048'S9-; nmNCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE NORTHERLY 480.78 FEET ALONG TIm ARC OF SAID CURVE TO A POINT OF TANGENTCY;tTHENCE CONTINUE ALONG SAID EAST lUGHr OF WAY LINE NORm 01006'06" WEST, A DISTANCE OF 223.72 FEET; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE NORm 44on'OS" EAST. A DISTANCE OF 35.64 FEET TO A POINT ON mE soum RIGHT OF WAY LINE OF OlD BOYNTON ROAD: 1HENCE NORTH 8~50'22" EAST. ALONG THE SOUTH RIGHT OF WAY LINE OF OLD BOYNTON ROAD, A DISTANCE OF 763.72 FEET: THENCE SOUTH 45046'11" EAST. A DISTANCE OF 34.98 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE; THENCE ALONG mE SAID WEST RIGHT OF WAY LINE OF CONGRESS AVENUE SOU1ll 01022'43" EAST, A DISTANCE OF 1160.94 FEET TO TIiE POINT OF BEGINNING. ORDINANCE NO. 096-~~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE REZONING OF BOYNTON COMMONS PCD; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO CHAPTER 2, SECTION 6.F.13 OF THE CITY'S LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City ot' Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Land Design South, agent for Boynton Commons Corporation, contract purchaser of the subject property, has requested approval to modify the previously approved master plan for the Boynton Commons Planned Commercial Development (PCD). This 23-acre project, approved on November 21, 1995, for 186,130 square feet of retail space, is located at the southwest corner of Congress Avenue and Old Boynton Road and the current land use, which would remain unaffected by this rezoning is Local Retail Commercial; and WHEREAS, pursuant to the City's Land Development Regulations (Chapter 2, Section 6.F.13), modifications to an approved planned commercial development which would result in an increase of ten (10) percent or more in measurable impacts such as traffic created or water consumed, must be processed through a new application for zoning to PCD; and WHEREAS, the proposed changes would represent an increase in water demand equivalent to approximately 12%; WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida, as set forth in Exhibit "A" , . J:: A r....V _L, f"1 7~" _.-. I C~ "",.,~-<~. attached hereto and made a part hereof, be and the same is hereby designated PCD zoning, subject to conditions of the Developmertt Order, dated October 15, 1996, and attached hereto. Section 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4: This ordinance shall become effective immediately upon signing. FIRST READING this ...g day of 'ClJE~~e/f , 1996. SECOND, FINAL READING and PASSAGE this . ~~4}G~, 1996. // day of CITY OF BOYNTON BEACH, FLORIDA \\\\1" II II Iltlll/. ~,\ N '/I/, ", -\.~ 0 8~ I"//. ~ _,~ r;:.JI ~ ~ """ .......... -y 0 ~ S _OQ....OMT~.. 1- ~ :::~ ~ ':::IL =- ~o 5 = ~ = ~,... iE ~~ ~ _~II ~" ~~ ~ . ~ ~o~ I"Ill r- ~11''''ml\1 ATTEST: ,~ ~ ~a~~/~ L2/... Ci Clerk ""'\- ~ JLJ- 7iSSioner A parcel of lan~'y~l1g in section 19 of town~hin 45 south, range 43 east, said parcc__ 1. ~ng a portion of lots 3. , 41, 43 and 44, of the subdivision of section 19, township 45 south, range 43 east, as recorded in plat book 7, page 19, of the public records of Palm Beach County, Florida. Said parcel being more fully described as follows: Commencing at the southeast corner of section 19, township 45 south, range 43 east, thence with a bearing of south 87032'47" west, along the south line of section 19, a distance of 60.00 feet to a point on the west right-of-way line of Congress Avenue; thence with a bearing of north 01022'43" west, along the west right-of-way line of Congress Avenue, a distance of 300.00 feet to the point of beginning; thence with a bearing of south 87032'47" west, a distance of 390.00 feet; thence south 68003'48" west, a distance of 273.33 feet; thence north 02027'13" west, a distance of 41.60 feet; thence south 83016'46" west, a distance of 269.64 feet to a point on Winchester Park Blvd.; thence with a curve to the right along the east right-of-way line of Winchester Park Blvd., having a chord bearing of north 08013' 05" east, a radius of 2193.99 feet, a central angle of 06059'36", and an arc length of 267.79 feet; thence with a reverse curve to the left having a chord bearing of north 05016'24" west, a radius of 2149.31 feet, a central angle of 12048'59", and an arc length of 480.78 feet to a point; thence north 01006' 06" west, along the east right -of -way of Winchester Park Blvd. 'a distance of 223.72 feet; thence north 44022'08" east, a distance of 35.64 feet, to a point on the south right-of-way line of Old Boynton Road; thence with a bearing of north 89050'22" east, along the south right-of-way line of Old Boynton Road, a distance of 763.72 feet; thence with a bearing of south 45046'11" east, a distance of 34.98 feet to a point on the west right-of-way line of Congress Avenue; thence with a bearing south 01022'43" east, a distance of 860.95 feet to the point of beginning. AND - pf/Cc.eL c2 A parcel of land lying in section 19, township 45 south, range 43 east, Palm Beach County, Florida, said parcel being a portion of tracts 44, 40, and 39, of the plat of subdivision of section 19, township 45 south, range 43 east, as recorded in plat book 7, page 19, of the public records of Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the southeast corner of Section 19; thence north Ol022'43" west, along the east line of said section 19, a distance of 25.00 feet; thence south 87032'47" west, along a line lying 25.00 feet north of (as measured at right angles to) and parallel to the south line of said section 19, a distance of 60.00 feet to the point of beginning; said point also being a point on the west right-of-way line of Congress Avenue; thence continue south 87032'47" west, along a line lying 25.00 feet north of (as measured at right angles to) and parallel to the south line of said section 19, said line also being the north right-of-way line of the L.W.D.D. lateral 24, as recorded in official records book 2370, page 1595 and 1596, a distance of 510.31 feet; thence north 02027'13" west, a distance of 230.55 feet; thence north 68003'48" east, a distance of 133.10 feet; thence north 87032'47" east, a distance ox 390.00 feet to a point on the west right-of-way line of Congress Avenue; thence south 01022'43" east, along the west right- of-way line of Congress Avenue, said line lying 60.00 feet west of (as measured at right angles to) and parallel to the east line of said sect~on 19, a distance of 275.00 feet more or less to the point of beginning. PARCEL 3 .". eCf~ - & '-f A parcel of Ian L "1.g in section 19" townpl:aip_45, south, ra~ge 43 east Palm Beach Cu~nty Florida, sa1d pa~ ~- Je1ng a port10n of tracts 44, 40, and 39, ~f the plat of subdivi~ion of section 19, township 45 south, range 43 east, as recorded 1n plat bo~k 7, pa~e 19 of the public records of Palm Beach County, Flor1da, sa1d pa~cel being more particularly described as follows: Commencing at the northeast corner of section 30, township 45 south, range 43 east; thence with a bearing of south 87057'53" west along the north line of section 30, a distance of 50.00 feet to a point on the west right -of -way line of Congress Avem~e; thence continue along the aforementioned course extended a d1stance of 937.65 feet to a point on the east right-of-way line of the Mall Road; thence with a curve to the right along the east right-of-way line of the Mall Road with a chord bearing of north 00059'06" west, a radius of 2193.99 feet, a central angle of 00039'01", and an arc length of 25.01 feet to a point; thence with a bearing of north 87032'47" .east, ~long a line lying 25.00 feet north of and parall~l to the sou~h line of section 19, a distance of 285.00 feet, sa1d point being the point of beginning; thence with a bearing of north 02027'13" west, a distance of 183.78 feet; thence north 68003'48" east, a distance of 140.23 feet; thence south 02027'13" east, a distance of 230.55 feet to a point on a line lying 25.00 feet north of and parallel to the south line of section 19; thence with a bearing of south 87032'47" west, a distance of 132.20 fee~ along the south line of section 19, more or less to the p01nt of beginning. PR((e r:L 4 I j A parcel of land lying in sections 19 and 30, township 45 south, rang~ 43 east, Palm Beach County, Florida, said parcel being a port10n of tracts 39, 40, and 44, of the plat of subdivision of section 19, township 45 south, range 43 east, as recorded in plat book, 7, page 19, ?f the public records of Palm Beach County, Flor1da, and a port10n of lot "A" block 1, and a portion of lot "A" block 2, of the subdivision of Palm Beach Farms Company Plat No.8, as'recorded in plat book 5, page 73, of the public records of Palm Beach County, Florida, said lands being more particularly described as follows: Commencing at the southeast corner of said section 19; thence with a bearing of south 87032'47" west, along the south line of section 19, a distance of 60.00 feet to the point of beginning, on the west right -of -way line of Congress Avenue; thence with a bearing of south 01022'40" east, a distance of 17.50 feet, to a point; thence with a bearing of south 87032'47" west, along a line lying 17.50 feet south of and parallel with the north line of section 30, a distance of 190.03 feet to a point; thence south 01022'40" east, a distance of 42.50 feet to a point; thence south 87032'47" west, along a line lying 60.00 feet south of and parallel to the north line of section 30, a distance of 450.89 feet to a point; thence north 02027'13" west, a distance of 60.00 feet to the north line of section 30; thence continue north 02"27'13" west, a distance of 25.00 feet to a point; thence with a bearing of north 87032'47" east, along a line lying 25.00 feet north and parallel to the south line of section 19, a distance of 642.52 feet to a point; thence with a bearing of south 01022'40" east, a distance of 25.00 feet more or less to the point of beginning Total area Parcels 1 through 4 equals 22.885 acres. \' [-r i.' 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I. ila f!ill i ~ I: lal m ,el 1~!11 c II. en I - -f m -c > Z' ------ CIJ c: ~., m ~ ~' 0 c ~ 1111 m . ~ lis I II~ 1 II: . I~~ 3: ti I m 'I . z Ig I -f' . \. I 0 '. " ::c c m :xJ I r2~ ) ~ i =to ;c; I .... ~. ..":_..." ':'1 Ie i I I ! I I R Iln~~~ ~ .. . I 0 I n1,.." :II en II all:lliii~ > PREPARED FOR BOYNTON COMMONS. INC. ..!. = I i ~ I "Dz F i II ~ ... BOYNTON BEACH, FLORIDA z \....J