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APPLICATION /), , f:..' . '-Jk 6-c e,j_~ PREPARED BY AND RETURN TO: ,P V' "J (?J)j\ ,\\c{\ '\ t\ \' 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 ~etention (the "Agreement") is executed this ~ day of 1997, by Bill R. Winchester and Elsie A. Winchest 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 II A" attached hereto (the IIpartnership 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 "e" 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 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~ accordance with the requirements of the City of Boynton Beach. B. The Partnership shall pay to Winchester, wi thin 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 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 addi tional 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), 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 oarties recoqnize and agree that the establishment of the easement created hereby shall in no way limit or restrict the riqhts of the City of Boynton Beach, Florida, in coniunction with any aoolication for the develooment of all or any portion of the Winchester Prooerty, to require, in accordance with ap~licable City codes and/or conditions or aooroval 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 develooed. 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 BEAeH, INC., a Virginia corporation, qualified to do business in the State of Florida, its General Partner Print Name of Witness BY: A. RUCCELL KIRK ANTHONY J. NERO ITS: VICE PRESIDENT Print Name of Witness SIGNATURES CONTINUED ON NEXT PAGE 95-070/1025-005 Page 10 of 14 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, A. RUCCELL KIRK, aD 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 ASSOeIATES, a Florida general partnership. He is personally known to me or has suppl ied 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 eorporation, a general partner of BAITA BOYNTON BEAeH 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 eommission 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 ASSOeIATES, a Florida general partnership. He is personally known to me or has supplied as identification. Notary Public State of Florida My eommission Expires My Commission Number My Notary Seal: (J:\7\CLIENTS\STILLER\TITLE\OFFSITE2.COM 1025-005 02/28/97) 04/09/97) 95-070/1025-005 Page 14 of 14 yD ~c.F\Lj (il '11 PREPARED BY AND RETURN TO: MICHAEL A. SCHROEDER, ESQ. SCHROEDER AND LARCHE, P.A. ONE BOCA PLACE, SUITE 319-A 2255 GLADES ROAD BoeA 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 IIpartnership") 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. Associates is the fee simple owner of certain real property located in Boynton Beach, Florida legally described on Exhibit II A" attached hereto (the "Property" or the "Shopping Center") and depicted on the approved Site Plan attached hereto as Exhibit "B" (the "Site Plan") . B. Associates is developing the Property as a retail shopping center in accordance with the Site Plan. e. 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 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 with the development of the Shopping eenter, the eity 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 landscape easement over, across, under and through the Easement Property (as hereafter defined), Associates has agreed to establish certain easements and restrictions pertaining to the Property for the benefit of the Partnership Land Owner. NOW, THEREFORE, Associates hereby declares and establishes the following easements, restrictions and protective covenants: ARTICLE I DEFINITIONS 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 "C" attached hereto. 1 . 3 Partnership Land Owner. The owner or owners of the Partnership Land. 1.4 Winchester Land. The real property located in Boynton Beach, Florida, legally described on Exhibit liD II attached hereto. 1 . 5 Winchester Land Owner. The owner or owners of the Winchester Land from time to time. As of the date hereof, the Winchester Land Owner consists of Bill R. Winchester, Elsie A. Winchester and Bill R. Winchester, Violet Klatt and Ernest A. Klatt, as Special Real Estate Trustees under the Ernest F. Klatt Revocable Trust Agreement dated May 18, 1990. 1.6 Building 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. 1.7 Common Areas. The portion of the Shopping eenter, exclusive of the Building Areas, intended for common and non- exclusive use by the Responsible Party, its successors, assigns, employees, agents, invitees, guests and tenants, and its tenant's 95-070/1025-005 Page 2 of 22 successors, assigns, agents, employees, invitees, guests and subtenants, including, but not limited to, all entrances, exits, driveways, roads, parking areas, parking spaces, sidewalks, service drives, utilities, drainage and storm water runoff and retention 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, that if 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 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. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 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. ARTICLE III GRANT OF EASEMENTS FOR SHOPPING CENTER 3.1 Vehicular and pedestrian Access. The Responsible Party, its successors, assigns, employees, agents, invitees, guests and tenants and its tenants' successors, assigns, employees, agents, invi tees, 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 eommon Areas. 3.2 Vehicular Parking. The Responsible Party, its successors, 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 parking, over, upon and across the parking areas and parking spaces of the eommon Areas. 3.3 Utility Easements. The Responsible Party shall have a perpetual, non-exclusive easement for the purpose of installing, 95-070/1025-005 Page 3 of 22 operating, maintaining, repairing, replacing, renewing and tying into any and all utility lines, drainage facilities and related facilities, including surface drainage rights, over, above, along, under, in and across the Shopping Center wherever these utility lines or facilities may be located. ARTICLE IV. GRANT OF EASEMENTS FOR PARTNERSHIP LAND 4.1 Vehicular and pedestrian Access. Associates h~reby grants to the Partnership Land Owner, its successors, asslgns, employees, agents, invitees, guests and tenants and its tenants' successors, assigns, employees, agents, invitees, guests and subtenants, a perpetual, non-exclusive easement appurtenant to and for the benefit of the Partnership Land to and from, over, upon and across the entrances, exits, driveways and other Common Areas for the purpose of vehicular and pedestrian ingress and egress. 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 drainage systems for the Shopping Center to the boundary line of the Partnership Land. Associates hereby grants to the Partnership Land Owner, its successors, assigns and tenants and its tenants' successors and assigns, a perpetual, non-exclusive easement appurtenant to and for the benefit of the Partnership Land over, above, under and across the Property for the purpose of connecting with and utilizing the sani tary sewer and drainage systems located on or serving the Property, at no cost or expense to the Partnership Land Owner or any occupant of the Partnership Land. ARTICLE V JOINT ROADWAY The Responsible Party shall construct, 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 that 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 cuts into the Partnership Land where designated by the Partnership Land Owner subject, however, to the requirements of governmental authorities. The Responsible Party shall, at its sole cost and expense, maintain in good repair and condition the Joint Roadway. 95-070/1025-005 Page 4 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 II ) any exterior identification signs 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 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, 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 95-070/1025-005 Page 5 of 22 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 occupants of the Shopping Center and their customers and invitees (collectively the "0ccupants") 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 and noise, which might be caused by such work to the Occupant and the affected portion of the Shopping Center and cause as little disruption of and interference with use of the eommon Areas and other portions of 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 such work and shall restore the affected 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 from 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 shall use good faith efforts to cause its contractors and subcontractors to include such indemnity provisions 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 Utility 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 utility 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 interference would disrupt the orderly development and operation of the businesses conducted by any other Occupant on any other portion of the Shopping Center. The person performing or authorizing such work shall bear the cost of any overtime or other additional expense necessitated by such 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 so as to minimize the 95-070/1025-005 Page 6 of 22 impact upon traffic circulation within the Common Area and access of all users to the various business establishments in the Shopping Center. 8.4 Compliance 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 requirements set forth in the lease of the person undertaking such work, the requirements of all applicable governmental authorities having jurisdiction and all applicable laws, ordinances, rules and regulations of such authorities, including without limitation, zoning laws and building codes. All necessary licenses and permits shall be received from governmental bodies and agencies prior to commencing such construction work. 8.5 Time Restrictions. Subsequent to the construction of the improvements depicted on the Site Plan, no construction activity undertaken by the Owner/Tenants, including storage of construction 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 Fencing 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 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 port ion 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 and other inconveniences occasioned by such work, and to protect users from safety hazards resulting from such work. In addition, such fencing shall be constructed of materials which are architecturally harmonious. Each 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 Staging and Interference. Subsequent to 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 Occupants construction acti vi ties and staging areas with such construction activities and such staging 95-070/1025-005 Page 7 of 22 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. 8.8 Condition of Work Site. Subsequent to the construction of the improvements depicted 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 against personal injury and property damage to the owners, other tenants, licensees, permittees or invitees. 8.9 Indemnification. 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 restrictions set forth in Sections 8.2 through 8.8, inclusive, shall indemnify and save harmless the Responsible Party from and with respect to all claims, damages, cause of action, judgments, losses, damages (including consequential damages), 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. ARTICLE IX MAINTENANCE The Responsible Party shall maintain in good repair and condition all utilities, parking areas, parking spaces, driveways, access ways, roadways, sidewalks and walkways, exits and entrances and other Common Areas located in the Shopping eenter. ARTICLE X INSURANCE The Responsible Party shall obtain and maintain comprehensive general liability insurance of (i) 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 $500,000.00 with respect to property damage arising out of anyone occurrence. 95-070/1025-005 Page 8 of 22 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 unreasonably withheld or delayed and a copy of all permits required to install the Landscape Buffer. 11.4 Removal of Liens. 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 against 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 such lien to be satisfied or transferred to bond. 11.5 Indemnification. The Responsible Party, its successors and assigns, shall indemnify, defend and hold harmless the Partnership and its 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 1 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 installation, maintenance and use of the Landscape Buffer. 11.6 Maintenance. Responsible Party shall, at its sole cost and expense, maintain in good repair and condition the Landscape Buffer. 11.7 Real 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 computation 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 for purposes of making the computation shall include the Easement Property. 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 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. 95-070/1025-005 Page 10 of 22 11.8 Insurance. 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 policy, the Partnership shall provide Partnership with evidence that such policy has been renewed for an additional year. In addition to the requirements set forth in Section 11.3 above, the policy shall provide that it will not be canceled or modified without Partnership having first been provided with thirty (30) days prior written notice. 11.9 Limitation of Lien Rights. Notwithstanding anything to the contrary contained herein, no interest of the Partnership hereunder or any other interest of the Partnership 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 Responsible Party, whether or not the Partnership shall have consented to same. 11.10 Termination of Landscape Easement. The Property landscape easement granted to the Responsible Party pursuant to Section 11.1 hereof shall terminate if and when the City of Boynton Beach, Florida, no longer requires that the Responsible Party continue to maintain the Landscape Buffer for the benefit of the Property. The Responsible Party agrees 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 Landscape Buffer. The Responsible Party acknowledges and agrees that the Partnership Land Owner may use all or a portion of the Landscape Buffer to satisfy landscape or buffer requirements of the City of Boynton Beach, Florida, in connection with the development of the Partnership Property and, notwithstanding the foregoing, the Responsible Party shall continue to maintain the Landscape Buffer at its sole cost and expense and pay all real estate taxes with respect thereto. ARTICLE XII MISCELLANEOUS 12.1 Amendment and Termination of Declaration. This Declaration may only be modified or rescinded, in whole or in part, by the Responsible Party, its successors or assigns. Notwithstanding the foregoing, Articles IV, V, IX 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 95-070/1025-005 Page 11 of 22 Responsible Party shall continue to be responsible for the maintenance 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 11.1 shall survive the termination of this Declaration. 12.2 Amendment of Site Plan. Nothing herein shall be construed to prevent the Responsible Party from amending the Site Plan without the consent of any other party unless (i) the code or ordinances of the City of Boynton Beach 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 (ii) the amendment would change the No Build Area in which event the Site Plan shall not be amended without having first obtained the consent of the Winchester Property Owner. 12.3 Covenants Running with the Land. The terms, conditions, covenants, rights and obligations contained within this Declaration shall run with the Shopping Center, the Winchester Property and the Partnership Property, as the case may be, and inure to and be for the benefit of the Partnership Land Owner, the Winchester Land 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, 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 (10) 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. 12.4 Severability. 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 Applicable Law. This Declaration shall be governed by and construed in accordance with the laws of the State of Florida. 12.6 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 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. 95-070/1025-005 Page 12 of 22 12.7 Consent or ApDroval of Partnership Land Owner. In the event the terms of this Declaration require the consent or approval of the Partnership Land 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 Approval of Winchester 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 approval must be obtained from the person owning the largest portion (based on square footage) of the Winchester Land. 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, 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. 12.10 Attorneys' Fees and Costs. In connection with any arbi tration 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. 12.11 Notices. 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 above or as otherwise instructed pursuant to notice given under the terms of this paragraph, and shall be deemed given or delivered (a) 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 (c) one (1) day after acceptance for delivery by Federal Express or any other nationally recognized overnight delivery service. 12.12 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 95-070/1025-005 Page 13 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 elaimant 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 April 11, 1997 (the "Agreement") which Agreement 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: ANTHONY J. NERO ITS: VleE PRESIDENT Print Name of Witness 95-070/1025-005 Page 15 of 22 Print Name of Witness Print Name of Witness 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: EXEeUTIVE 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 WINCHESTER: BILL R. WINCHESTER Page 16 of 22 Print Name of Witness Print Name of Witness Print Name of Witness Print Name of Witness ELSIE A. WINCHESTER PARTNERSHIP: WINCHESTER, WINCHESTER, ZEIHER AND SCHROEDER, a Florida general partnership BY: BILL R. WINCHESTER ITS: GENERAL PARTNER 95-070/1025-005 Page 17 of 22 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 eorporation, a general partner of BOYNTON BEAeH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known to me or has supplied as identification. My Commission Expires My eommission Number My Notary Seal: 95-070/1025-005 Notary Public State of Florida Page 18 of 22 STATE OF FLORIDA COUNTY OF PALM BEAeH BEFORE ME the undersigned authority, this date personally appeared, WILLIAM M. SULZBAeHER, 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 eorporation, 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 eORPORATION, 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: 95-070/1025-005 Page 19 of 22 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: STATE OF FLORIDA ) )SS: eOUNTY OF PALM BEACH) The foregoing instrument was , 1997, by Partner of WINCHESTER, WINCHESTER, general partnership, on behalf personally known to me. acknowledged before me on BILL R. WINCHESTER, as General ZEIHER AND SCHROEDER, a Florida of the partnership. He is 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 20 of 22 JOINDER, CONSENT AND SUBORDINATION The undersigned, ELSIE A. WINeHESTER, 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: "That 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 "Mortgage")." 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 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 eommission Number: My Notary Seal: (J:\7\CLIENTS\STILLER\BOYNTON6.DEC 1025-005 04/09/97) 95-070/1025-005 Page 22 of 22 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITIJATE IN SECTIONS 19 AND 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST, BEING A PORTION OF LOTS 39,40,41,43 AND 44 OF THE SUBDMSION OF SECTION 19. TOWNSHIP 45 SOUTH. RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7, PAGE 19 OF TIIE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LOT "A", BLOCK I, AND A PORTION OF LOT "A", BLOCK 2 OF TIlE SUBDIVISION OF P AL\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'lliEAST CORNER OF SECTION 19, TOWNSHIP -l5 SOUTH. RANGE -l] EAST; TIlENCE SOUTII S?032'47" WEST ALONG TIlE SOUTH LINE OF SAlD SECTION 19. A DISTANCE OF 60.0 I FEET TO A POINT ON TIlE WEST RJGHT OF WAY LINE OF CONGRESS .-\ VENUE AND THE POINT OF BEGINNING; THENCE SOUTH 01"22'43" EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID CONGRESS AVENUE, A DISTANCE OF 17.50 FEET; THENCE SOUTH 87032'47" WEST ALONG A LINE 17.50 FEET SOUTH OF AJ'ID PARALLEL WITH THE NORTH LINE OF SECTION 30, TOWNSHlP 45 SOUTH. RANGE 43 EAST. A DISTANCE OF 190.03 FEET; THENCE SOUTH 01"22'40" EAST, A DISTANCE OF 42.51 FEET; THENCE SOlITH 87032'47" WEST ALONG A LINE 60.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 30. A DISTANCE OF 422.95 FEET TO THE EAST UNE 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 DISTANCE OF 35.01 FEET TO A LINE 25 FEET SOUTH OFAND PARALLEL WITH TIlE NORm LINE OF SAID SECTION 30; THENCE SOUTH 87032'47" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 28.70 FEET; TIlENCE NORTII 02"27'13" WEST, A DISTANCE OF 275.38 FEET; TIlENCE soum ~3"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 HAVING A CHORD BEARING OF NORTH 08013'05" EAST, A RADIUS OF 2193.99 FEET, A CENlRAL 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 TIlE WEST HAVING A CHORD BEARING OF NORTH 05018'24" EAST, A RADnJS OF 2149.31 FEET, A CENTRAL ANGLE OF 12048'59"; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE NORTHERLY 480.78 FEET ALONG TIlE ARC OF SAID CURVE TO A POINT OF TANGENTCY; THENCE CONTINUE ALONG SAID EAST RIGKI' OF WAY LINE NORm 01006'06" WEST, A DISTANCE OF 223.72 FEET; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE NORTII 44~2'O8" EAST, A DISTANCE OF 35.64 FEET TO A POINT ON TIlE soum RIGHT OF WAY LINE OF OLD BOYNTON ROAD; 11IENCE NORTH 89050'22" EAST. ALONG TIlE SOUTII RIGHT OF WAY LINE OF OLD BOYNTON ROAD, A DISTANCE OF 763.72 FEET: THENCE SOUTII 45046'1 I" EAST. A DISTANCE OF 34.98 FEET TO A POINT ON TIlE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE; THENCE ALONG THE SAID WEST RJGHT OF WAY LINE OF CONGRESS A VENUE SOUTH 01022'43" EAST, A DISTANCE OF 1160.94 FEET TO THE POINT OF BEGINNING. I I ~ 'S I, I<:..: i ... ...,," -", 1'...1'".1 :Jb!.:i/::JbL::J':l EXHIBIT "B" &".s ,Ie I'. t.t HJ ," . ,- ,., Ct t. If r - - - J, D ',: J. . ....... h. ." .. ... fuel....,. L.I. IOUMUN ~'CIM CO"'TRUCn EXHIBIT "e" PAIC'E L' A A PARCEL 01' LAND LYING IN SIC'l'ION 19, '1'OWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BBACH COUNTY, FLORIDA, SAID PARCEL BBING A PORTION OF TRACT 44 OF THB PLAT OF SUBDIVISION OF SBCTION 1', TOWNSHIP 4S SOUTH, RANGI. 4J BAST, AS RReaaDaD IN PLAT BOOK 7, PAGE 1', OF TUB PUBLIC RECORDS 01' PALM BBACH coutrry, FLORIDA, SAID LAND BBING MORB PAKT~CuLAaLY DllcaIBBD AS pOLLONS, COMMBNCINO AT THB SOU'1'RBA8T CORMBR or 8BC'1'ION 1', TOWNSHIP 45 SOUTH, RANGB. 43 EAST, THBRCB WITH A BlARING or BOU'1'H 87.12'47- HBST, ALONG THB SOUTH LINK or 8BCTION 1'. A OX.TAMCR 01' 60.00 FBB'l' TO A POINT OM TH! HIST RIGHT or WAY LIMB or CONGRaS' AYBNUB, THINes CONTIMUK ALONG THE APORIMIN'l'IO.BD COUISI: U'1'EItDBD A DI8'1'ANCB OP 927.68 r8ft 'lO A POINT ON THB BAST RIGHT or HAY LIMB or WINCHBSTZI PARK BLVD., TRINC~ WITH A CURVE TO THB RIGHT ALONG THB BAST RIGHT OP WAY LIMB OF WINCHBSTER PARK BLVD. WITH A CHORD BlARING or NORTH 00.59'06M waST, A RADIUS Of' 2193.99 P8ft, A C!NTRAL ANGLE 01' o. 3' '11M, AND AN ARC LENGTH or 25.01 FBB'!' TO A POINT, SAID POINT BBING TH8 pOIN"l' OF B20INHIRO, TIIIINOE CONTINUE ALONG TH8 AJ'ORlfMBNTIOHBD CORVR HAVING A CHO~D BlARING or NORTH 00.26'44" BAST, A RADIUS OF 2193.99 FBST, A CENTRAL ANGLE 01' 2 -12'31" AND AN ARC LBNG'l'H or 84.58 FBST, THBNCE NORTH 68.03'48M BAST, A DISTANCB OF 2'7.76 r.B'1', THENCB SOUTH 02. 27'13" EAST, A DISTANCE or 183.78 rEST TO A POINT ON A LINE LYING 25 FEET NORTH or AND PARALLEL TO 'tHE SOUTH LIMB or SBCTION 19, TRINCS WITH A BEARING or SOUTH 87. 32'47- WES'l',A DISTANCE 01' 285.00 FEB'I' ALONG THE SOUTH LINE or SICTION 19 MORB OR LBSS TO TUB POINT or BEGINNING. \ CONTAINING 0.871 ACRES (378~' SQUARE FZET) MORE OR LESS, AND SUBJECT .~ EASEMENTS AND RIGHTS OF WAY OF RECORD. f- .. 10". II L S. '" ....~LJ. $U"VrYOIt3 IOWNQM., .. WOftfGMI "" COttt~ U EXHIBIT P-ARCEL.: C ~ PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, PLORIDA, SAID PARCEL BBING A PORTION OF TRACT 44 01' THE PLAT OF SUBDIVISION or SBCTION 19, TOWNSHIP 45 SOUTH, RANGS 43 BAST, AS RICO.DID. IN PLAT BOOK 7, PAGB 19, or THB PUBLIC RECORDS 0' PALM SBACH COUNTY, 'OORIDA, SAID LAND BIING MORE PARTICULARLY D!SCRIBBD AS POLLOWS: COMMENCING AT THR SOU'J.'BD8T CORMBR OJ SECTION 19, '1'OWNSHIP 45 SOUTH, RANGa 43 BAST, TRCNCI WITS' " BlARltlG or SOUTH 87.52'41- WST, ALONG THE NORTH LINE OP 8BC1'ION 30, A DISTANCR OF 60.00 r8ft '1'0 A POI1ft' ON THE WRST RIGHT OP WAY LINB or CONGRB.S AVBRUB, THBNca CONrINUB AtoMG THE APORIM&MIONID COO.SI EXTENDBD A DISTARCI or '27.68 PIIRT '1'0 A POINT ON THB BAST RIGHT 0. NAY LINB or WINca.Sf.. PARK B~VD.r THBMeB WITH J\ CURVR TO THB RIGHT ALONG '1'HB BAST aloft 01' NAY' LINS -or WINeHaSTBR PARK BLVD. WI~H A CHOMU BBARtHG or HORTH 00.07'08- BAST, A RADIUS OF 2193.99 FEft, A CENTRAL ~NGL! OF 03. 04'5'", AND AN ARC LENGTH OP 109.59 rBft TO A POINT, SAID POINT BIlNG THl!: ltOlH'l' or 8BGIIRfING, THBNCE CONTINUE ALONG THE AFOREMENTIONED cuaVB HAVING A CHORD BEARING or NORTH 03' 08'08t1 BAST, A RADIUS 01' 2193.99 rBST, ~ CENTRAL ANGLE 01' 03-10'18- AND AN ARC LENGTH or 121.45 PEET, THBNCB NORTH 83- 16'46" lAST, A DISTANCB 01' 2S9.64 rEft, THaNCE SOUTH 02 27'13- BAST, A DISTANCB OP 41.60 PIRT, THBNC. SOUTH 68#03'48" NEST, A DIS'l'ANC2 OF "97.76 PBIT, MORE OR LISS TO 'l'HI POINT OF BEGINNING. CONTAINING 0.51 ACRBS (2203.7 SQUAIS PEST) MORE OR LESS AND SUBJBC'J' TO BAS!MENTS AND RIGHTS OP HAY or RICORD. ~ ~-~~- - -- ---- -, ---.-, -.----- ... ,"'-"". ..1. t. d '....,. P.L S ~("'VEYOII.s ~M MORTQMI " GQ-.n~, 110 ttlMWAV.,.o. lOX -.IOVHI'GN IIACIt. fILQIIDA alai IOVNTON IIACM ........ CG) m.... · Pile fer),...1I4t . 11'UAIn'...... (4Or) ....UI EXHIBIT PARCIL D-1 A PARCEL OF LAND LYING IN SleTtON 19 and 30 TOWNS1UP 4S SOUTH. RANGE ,43 EAST. PALM BEACH COUNTY. FLORIDA. SAlD PARCEL SlING A POltTION OJ" TRACTS 44 OP THB PLAT 0' SUBDIV1SIOH OF SEctlON 19. TOWNSHIP 45 SOUTH, RANGI 43 EAST, AS RECORDED IN PLAT BOOK 7. PAGE 19. or THE PUBLIC RECORDS OF PALM BEACH COUIlTY,. FLORIDA. AND PORTION 0' LOT A BLOCK 3., OF THE SUBDIVISION 0' PALH &BACH rANtS COMPANY PLAT NO 8, AS RICOROIO IN PLAT BOOK 5. PAGE 73 or THI PUBI.IC RICORDS OF PALM BEACH COUNTY. FLORIDA. SAXD LAND BEINO HOIB PARTICULARLY DBSORI.ED AS rOLLOWS: COHM2NCINO AT fHJE SOUTH2AST CORNIR OF SAID SIC1.10N 19, THENCE WITH A SIARING OF SOUTH 87-:32' 4'" WEST. ALONG THI SOUTH LINK OF SleTtON 19, A DISTANCE OF 702,05 FliT TO THE POINT 0'1 BKOINNING;THENCI WITH A BIARINU 01 SOUTH 02-27' 13" EAST,A DISTANCI OF 60.00 rEIT TO A ~OlNT : THiNCE WI.rH A SltA1UNG OF SOUTH S7.~2' 47" Wis'r AL.ONa A LIN&: L'iINO 60, (,0 FEST SOUTH OF AND PAkALLEL WiTH THE NOR'rH LINIL OF SECTION 30. A DISTANCE OF 92,89 'iET TO A POINT i l'Hi:f04c.;~ W!TH A BIZARINQ NORTH 01- 1&' 43" WEST, A DISTANCi OF as. 00 "liT To' A PuINT: TH~NCi WITH A 8IARINl,) OF NOR'1'H $7-32' 47" lAST. ALOHG A LINE L~INa 25,00 FEET NORTH AND P~RALLEL TO THE SOUTH LIN~ OF SECTION 19, A DISTANCE OF 91.20 ~li1 TO A POINT; T~IHCE WITH A SiARING O~ SOUTH 02- 27' 13" lAST. A OISTANC! OF 2S. 00 'liT MORE OR LESS T() 'tHE POINT OF SEOINNING. CONTAINING 0.11 ACRES '~SS4 SQUA~!'FEE1') MORE OR L~SS ANV SU~JECT TO EASEMENTS AND RIGHTS-Of-WAY OF RiCORD. HOTE: LEGAL PREPARED BASED ON OFFICi: DATA ONLY, NO FIEl..D SURVi=Y PREPARED. . ' ~...... '.1. J. , '-", '.1. S. ~U"v~roM ao.~IlI'"" --.,. UGMaAII... CONITNmIaM LAYO EXHIBIT PAIC8L D-2 A PARCEL OF LAND LYING IN SECTION 19 AND 30. TOWNSHI~ 4~ SOUTH. RANOE 43 lAST. PALM lEACH COUNTY. "WRID". SAlP PARCEL BIING A PORTION 0' TRACTS 44 0,. THI PLAT OJ' SUBDIVISION OF 8201'10N 19. T~WNSHIP 45 SOUTH. RANGE 43 lAST. AS alcoaOED IN PLA'l' 8001< 7. PAGE 1 g. or fHE PUBLIC alCORDS 0' PALM SIACH COUNTY. 'LORIDA. AltD PORTION OF LOT A BLOCK 3. or THI SUBDIVISION. or PALM BlACH PAHMS COtIPAftY PLAT J<<) II. AS RICORDID IN PLAT BOOK S. PAGE 73 OF THI PUBLIC .!CORDa OP PALM StiCH COUNTY. FLORIDA. SAID LAND SEINO HORE PARTICULARLV DEscaxalD AS 'OLLOWS: COMMENCING AT THE SOUTHEAST CORNKR or SAID SECTION 19. THINCi WITH A BEARING or SOUTH 87-32' 47" WEST. ALONG THI SOUTH LINK 0' SECTION 1 Q. A DISTANCE OF ".193.81 FIET to THE POINT 01' S&OUOfINO;THINCE Ull'''' A I:UtAkINQ OF SOUTH 01 18 I 43" EAST. A DISTANCE OF 25.00 FliT TO A f'OINT: 1'HINCI WITH A BlARING OF SOUTH 8'-32' if7" WEST ALONG A LINE L Y IHO 2S. 00 VIIT SOUTH OF ANP PAAALLJ::L. WITH THE HOft'fH LINE 0' SECTluN '10 A DISTANCI OF 193.9. '1ST TO A POINT ON THE KAST Rl~HT- OF-WAY LIN~ OF WINeHISTEr< PARK BLVD. ;THINCIC w.&:rH A e&,,~lNO NORTIl 01- 18 I 43" WEST .ALONU .tHE IAS1' kIGHT-Or-WAY ~, WINCHES1'i:R PARK BLVD. A DISTANCE or 2S.~O 6~ST: THINC2 WITH A ~uavl TO THE RIQHT. HAVINQ A RADIUS or 21Q3.99 FIFT. A C!Hi~AL AHOLi OF O'~9' 11".AND AN ARC LENaT~ or 2S.01 FIET TO A POINT: THA~CE WITH A SEARING OF NORTH 87-321. 47" lAST. ALONf) A LINK LYING 2S.0l1 IIJ'f NORTH OF AND PARAL1.IL TO THE SOUTH LINi of SiC'flON 19. A DIS1'ANC~ OF .'~9'3.80. 1i"JtS't TO A f'OINT: . THlNCE WITH A BEARING Or SOU~H 01'18' 43". A DISTANCE OF 25.00 riET MoaE OR LESS TO THE POINT or BEGINNING. CONTAINIHG 0.22 ACRrs (969S SOUAP.E re.,') HORE OR LI~S AtlO SUBJECT Tel EASltMEH1'S AND RIOHTS-OJi'-WAY' OF RECO&O., NOTE: LIOAl. PRIPARED BASED ot~ O"ICI DATA ONLY. NO FIELD SURVE.:r PREf'ARELJ. ~~---~-------'"---------- EXHIBIT '~~" 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 Plat thereof as recorded in Plat Book 7, Page 19, of the Public Reoords 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 iARIBBEAN MAPI.NG, INC. PROFESSIONAL SURVEYORS AND MAPPERS EXHIBIT "A" SKETCH AND DESCRIPTION OF A 10 FOOT LANDSCAPE BUFFER EASEMENT LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 19 AND 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SAJD PARCEL BEING A PORTION OF TRACT 44 OF THE SUBDIVlSION 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 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 LAND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTII, RANGE 43 EAST, THENCE SOUTH 87032'47' WEST ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 60.01 FEET TO THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE; THENCE CONTINUE ALONG THE SOUTH LINE OF SAID SECTION, SOUTIl87032'47' WEST, A DISTANCE OF 642.05 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02027' 13" EAST, A DISTANCE OF 25.00 FEET TO A POINT ON A LINE 25.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION I9~ THENCE ALONG SAID PARALLEL LINE SOUTH 87032'47" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 02027'13" WEST, A DISTANCE OF 274.63 FEET; THENCE NORTH 83016'46" EAST, A DISTANCE OF 10.03 FEET; THENCE SOUTH 02027'13" EAST, A DISTANCE OF 250.38 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 2,750.047 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES: 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR RIGHTS OF WAYS ANDIOR EASEMENTS OF RECORD OR OWNERSHIP. 2. THE LAND DESCRIPTION AND EASEMENTS SHOWN HEREON ARE IN ACCORD WITH THE DESCRIPTION PROVIDED BY THE CLlENT. 3. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTlES IS PROHIBITED WITHOUT WRITIEN CONSENT OF THE SIGNING PARTY OR PARTIES. 4. TIllS 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 THIS SKETCH AND DESCRIPTION MEETS APPLICABLE MINIMUM TECHNICAL STANDARDS SET FORTH TN RULE 61 G] 7-6 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTE 472.027. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. NOT V ALlD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND ~~~::~;::;. .. ........,,,....""'\..~, ;~." . ............ .' , ....,; ~ ........., co:~p ""'.'.;... 4 ..;!" "" - I;. , I ""-<.: '}ir ~ _'-'\. ... .... ~~ ~, "I~::' .J ~. .. """' I' . ~. .. I. ""..1 . . ,. .. 0. \~, DATE: MARCH 08, 1997 SHEET I OF 2 3062 Jog Road. Greenacres, Florida 33467 (561) 964-7884 . Fax (561) 964-1969 I- I \ 1 \ \ ~ 1 1 1 \~ I~ l~ I \~ IC'J \: 10 \~ I~ \~ I \ 1 \ I \ \ L ~ WINCHESTER 1 1 I I I en en -" o · . W ON o ... ....... ...... . :IE N02'27'131W 274.63' 502' 27' 131 E 2.50. 38' 502' 27'13' E 25.00" :0 P ~ I ~~ D C :il;! CIC ~I~ o 0 ~""f1 Ul Ul ~I~ i~'~ o lO LJ 1 I 60.00' en CD I~ I~ \~ .... I~ I~ I en en en" o · . w o~ ~.... ...... . :a:: -fi. PARK 8 ------ - - - ~U~EVARD --- -- LEGEND: O. R. 8. - OFf! C I Al RECOROS BOOK PG. . PAGE L.W.O.O. . LAKE WORTH DRAINAGE OISTRICT A- DELTA/CENTRAL ANGLE R . RADIUS A . ARC LENGTH P. O. B. . POINT OF BEGINNING :z: en _w o. . - oen w'" ...,to. ~ IT'l EXH 191 T a Aa SKETCH & DESCRIPTION OF A 10' LANDSCAPE BUFFER EASEMENT THIS IS NOT A BOUNDARY SURVEY. :z: WEST RIGHT OF MAY OF CONGRESS AVENUE 01 ~ CONGRESS A VENUE PO I NT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION is. e NORTHEAST CDANER OF BECT I ON 30. TOMN8HIP .cli SOUTH. RANGE 43 EAST FOUND PALM BEACH COUNTY BRASS DISC BY: DA TE: SHATTO 03-DB-97 D. TODD 03-08-97 PROFESS IONAL SCllVEYIJffS AND MAPPERS DRAWN: CHECKED: FIELDWORK FIELDBOOK A TLANT I C - CAR I BBEAN MAPP I NG I NC 3062 JOG ROAD - CAEENACAES, FLOA I DA 334A7 . [661 BlW-788"; FAX 68U 9fU-1B69 . PG. CAD FILE:95038SY SCALE: 1" = 100' PROJECT 95038 SHEET 2 OF 2 ATTORNEYS AT LAW ONE BOCA PLACE. SUITE 319. ATRIUM 2255 GLADES ROAD BOCA RATON. FLORIDA 3343\ - 7383 i r-';J n ...., Wi: ~, :~ I: - " l,j~-~......_-...._,...".. !' ~ <' , ' i i I ! l j APR I I i997 I ~ SCHROEDER AND LARCHE, P. A. MICHAEL A. SCHROEDER W. LAWRENCE LARCHE' ALAN PELLlNGRA BOCA RATON (407) 241 . 0300 BROWARD COUNTY (954) 42] .0878 TELECOPIER (407) 24] - 0798 . FLORIDA BAR BOARD CERTIFIED WILLS. TRUSTS AND ESTATES LAWYER April 10, 1997 VIA FEDERAL EXPRESS Michael Haag eurrent Planning eoordinator City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: BOYNTON COMMONS PROJECT Dear Mike: In connection with our discussions yesterday, enclosed are the following documents which have been been revised in accordance with your suggested changes: 1. Declaration of Easements, Restrictions and Protective Covenants. I have enclosed a clean copy and a blackline copy. 2. Drainage and Off Site Water Retention Easement Agreement. I have enclosed a clean copy and a blackline copy. If you have any questions or comments, please do not hesitate to contact me. Very tpa~yours, /.- ?-/ .---,. .-'- ~ ......--..- - ALAN PELLINGRA ~,~--_.._----- AP:sj Enclosures (J:\7\CLIENTS\STILLER\SOUTHTRU.BOY\HAAG.410 1025-005) 04/09/97 12:04 BILLING NO: TELECOPY NO: TO: FROM: RE: DATE: SCHROEDE~ & LARCHE, P.A. ~ 5613756259 NO. 042 001 SCHROEDER AND LARCHE. P.Ar ATTORNEYS AT LAW ONE BOCA PLACE, SUITE 319 - ATRIUM 2255 GLADES ROAD BOCA RATON, FLORIDA 33431-7383 TELECOPIER (407) 241-0798 BOCA RATON (407) 241-0300 BROWARD (305) 421-0878 \ W lli @ lli3JU., ~ \UUL ~PQ ~: \991 \~ PlI\NN\NG ANO ZONING DEPT. TELECOPIER TRANSMITTAL ,. Ija~V V~~- SHEET 1025-05 (561) 375-6259 ~L MI:. Mi ke Haag Alan Pellingra, Esq. Boynton Commons/PCD Rezoning Request April 9, 1997 SPECIAL INSTRUCTIONS; Correspondence of even date. TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 2 ORIGINAL TO FOLLOW: NO CONFTn~NTYAT.t't'Y NOTE TKE INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTl!;NDED ONLY FOR THE USE or THE INDIVICUAL OR ENTITY' NAMED ABOVE.IF THE READER OF THIS TRANSMISSION IS NOT THE INTENDED RECIf!ENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS TRANSMISSION IS STRICTLY PROHI9I'1'EO.If YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY l"OTIFY US BY COLLECT TEt.EPHONE CALL AND RETURN THE ORIGINN. TAANSMISSION TO US AT THE ADDRESS ABOVE: VIA U. S. MAIL. TRANI< ,{OU IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (407) 241-0JOO AS SOON AS POSSIBLE OUR T~LECOPIER NUMBER IS: (401) 241~0798 04/0~V3'7 12:04 SCHRCEDER-& LARCHE. P.A. ~ 5613756259 NO.042 [;102 SCHROEDER AND LARCHE, P. A. ATfOItNEVS AT 1.4\\1 ONE BOCA PLACE. SUITE 319 . ATRIUM 2255 Cl-AOES JtO.\D BOCA RATON, FL.OMIPA 33431 - 738' i.l n~; 'uu ,:,..,~~) .1;,....,P~. i.'";'';''''''.''" .. \ \\ \ ~PR .., 9 \991 )~ MICHAEL A SCHROfDfR W. L,o.WIlfN(1! lAaCHf . ALAN Pr.\.lIN<:M PLANNING AND ZONING DEPT. - n_..... _Ill CU'IIlRl \\t.llS. IlIW5f5 AIiO t:SfAftS lAW'<<a aOCA 1lA1ON 14011 ~41 .0300 ..~.o COUI'ITY 19541 42\ . 0818 T~l.tCCl"li. l401) ~41 - 0198 April 9, 1991 VIA TELECOPIER (561) 375-6259 Michael Haag Current Planning Coordinator City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: BOYNTON COMMONS PROJECT Dear Mike: You had requested confirmation that the Tract A legal description on the proposed Plat (Tract tIAt') and Exhibit "A" (Exhibit "A") to the Oeclcuation described the same property. This letter shall serve to confirm to you, that although the introductory paragraphs are word9d somewhat differently, the Tract A and the Exhibit riA" descriptions describe the exact same property, A copy of the Tract "A" legal description is attached hereto as Exhibit "1" and the Exhibit ItAt! description is attached hereto as Exhibit tl2", Please let me know if you comments in this regard, further question:s or ALAN PELLINGRA AP:jj Enclosures cc: Mr. Donald B. Stiller, via hand delivery Michael A. Schroeder, Esq. (J:\7\CLIENTS\STILLE~\SOUTRTRU.BOY'HAAG2.409 102~-OOSl 04/09/97 12:e4 SCHROEDER & LRRCHE. p.R. ~ 5613~56259 I '1\';"..'~.'~'l'l ..- ",1 :-',,' t I ~~'" ~ 'I'. ~~~.... 'l- I I c,~ Ic:l " ~------'--~ - NO. 042 ~a3 - ... '" ... A PLA SOUTH, OF THE IN PLAT A p~ SUBDIVI; I<E'I' N.t.~ NOT 105l:A EXHIBIT."l" DEDICATION : I<NDlI ALL M!';N 11'1' THESE p/!EBEN1S THiT IlOVIlTON IEACI! llEVELOplENT ASSOC I Ans A fOLORIQA GfNiAAi. "AATNEASHlp. OWNER OF.TH! LAND SOIOWN ~EREllN, SITUATE IN SECTIO~ 19 AND 30, T!raNtlIP.5 SOUTH. IIJlN~'3 .EAST. 8EING . R[~'" O~ A POIlTION Ol' LOTS =~'E:~T, '1s R~co~M'12Fp[~'=~I~.IS~2~EO~iI5P{~ ~~BLrgW::~6~D~50~O~r~iI ~~~ COUNTV. FUIRIIlA, ANll.. IllEPL...T OF A POIITiON Ol' LOT ..... IlLOC~ I, AND A PDIlTION OF l.OT '.'. BLOCK ~ OF THE $U8DiV.ISiOH OF PALM BE"'CH F"'RMs COM~"'N" PLAT NO, 8. AS RECORDED IN "l..T !lDOK 5. PAGE 13, OF THE Pl;BLIC REClIllOS O~ PALM 8EACH COUNTy, ~~~~mED~~W~~ES~r. "'S 'BOVMTIlN ,COMIl(JNS P. C. 0,'. lit I we; NOAE pm I CULARLY COMMENCING AT THE SOUTHE...ST COAlER.ljJF SECTION 19, TOWNSIfI~ A5 SOUTH. lUNGE .3 EAST; THENCE SOUTH B7' 32' '" ESTAtOND THE SOUTH LI HE Ol' SA 10 SECT I ON 19, A OI.STANtE O~ 60,01 FEET TO AINT QN THE If EST RIGHT OF WH LINE OF CONGRESS A~EMJE AND THE :gINf Ill' HBI 'TH!NCE SOUTH OL'22'~J' ....ST ALam T"I: "EST ~~~~~ r"tr4~! WEg~ ~t~BCA liNE I~~~HU~EE~ ~6~t~N~ ~~o'~A~M~E\,i::~~ ~W i.IE~~F s~5~~'gM~: .69~~~~ ~SD~m=CElla~B~2.~/~llT. · T~~~~N;&\I~~ \90,03 61 32' .7' WEST ALONG Ii L I Hi 6O,DO FEET SOUTH OF AHD l>ARA~La If I TH THE NORT H Ll NE Ol' SAID SECT/ON 30. A OISTANCE.OF -IU.9l; F[ET TO THE E"'SY LINE OF LOT 'A'. aLDC~ Il OF SAID P~AT OF TNe IIA'" SEACH FARMS CO. PLH NO. S; THENCE NORTH 01" 12' S!" IiEST "'LONG S41D EAST l.INE. A lllSTANCE OF 35. DI/EEl TO A LIME 25 ,EfT 50llTH OF 4NO PARALlEL WITH THE MIRTH LINE OF SAID 5ECTI0 30: THENCf soum 87'32'''' lEST "'LONO SAID "ARAUEL LINE, ... DISTANCE OF 2S.70 FEET; THENCf NrmTH 0:1' 21' 13' IIEST, A 01 STANCE Of. a1S. 3S FEET; THENCE SOUfH S3' 16' 46' If EST. A OISTAt.lCE 01' ~611. v.. FEET TO ... PO'NT aN THE E"'ST RIGHT OF WAV liNE or WINCHESTER PAII~ IOUI.EYARO, SAID POINT' BEiNG ON A CURYE CONCAVE TO THE EAST HAVING A CHORD BE~RING OF "aRT~ 09'13' D6' E.sr, A AAOIUS Of 2193. 99 ~EEt, A CENTRAl. ANGLE OF 06'59'36': TftEIICE ALONG SAiD USTRIGHT OF WAY LI~ NOFlTHf:RLY 2~7.79 'UT ...1.0NG THE ARC OF SAID CURVE TO II POiNT OF REI/ERSE CORY! CONCAVE TO ,~! _UT""''''''llCG A CHORD BUIIING OF NORTH ~"Ie' 24' UST. A RADIUS Of 2U9.31 FEE': ... CI!NTRA.. ANGLE OF i2' 48' 59'; THEHCE ClINT lNUE llONG SAID U. ST R I GHTOf IlAY Ll NE NORT~ERt. Y 480. 7B FEET ALOIiG THE All(; OF SAID CURVE TO... POINT 0> TA~ENTCY; THENCE CONTlNU. A!.O~G SAID EAST RIGHT DF IlAY LINE NOIllH 01"0&'06' KST, " OIST...NCE OF .23.'2 HET: THENCE CONT I NUE ALONG $A I I) EAST RIGHT OF IIIU LINE NORTft 44' 22' 08' EAST, A a':;TANCE OF 35.54 FEET TO A POINT ON THE 50~TH illGHT OF WAV LINE O~ OLD BOYNTON ~OAD: THENCE NOlllH all"6a' 22' EAST "'LONG THE SOUTH (:IlGtlT Of IIIAV LINE OF O~O BOYNTON ROAD. A OISUlICE OF 763.12 FEET: T~ENCE SOUTH ""'46'11' EAST. . DISTANCE D~ .~. ga FEET TO A POINT .0" "HE WEST RIGHT Of WAY liNE OF CONGRESS AVENUE: t'liNCE "'LONe; THE SAiO ~~ST RIOI'IT OF WAr LINE OF CONGAESS AvENUE SOUTH Ot'i2'43" EA~T. A OIST...NCE OF llli,tl, 9<l F~ET TO THE POINT OF BEGINNING. SA I D lANDS L Y I HG jH PAL" IIEACH CDUNTV, FLIlA! nA CONH I N I NG 22 863 ~CRES, t<!OAt OR lESS. ~AVE C"'USED THE SAME TO l!! SURVEVED .""0 PUTTED AS SHONH HE~EON 6NO H!IlE8' OED I COTE AS FOlLOMS. SUBJECT TO EXISlIlIG EASEMENT': RICHT OF WUS. Ri~RV~TIONii .........CT IONS OF RECoRO. IF ANV, ' ........r.: . . '..,. . .... T TJC OBLI GATt ON. TO BY THIS PLAT NHICH IS ASSOCIATED Ifl H ,11 DRAINAGE Dr- "UlILIC STAEE S, INCLU G 'HE RIGH7 TO UlILIZE FOil PA{lPER PuRPII>€S "'NY AND ALL DAAIN...1lll EASEMENTS ASSOCIATED "ITH SAID OClAINA~ SYSTEM. THE WATER 'Wil6GEII1ENTEASeMo.ltAS SHOljN HEREON IS HEIlESY RESERvED FOR THE SOHNON ~m~.J~ViB8P~~~M~:~~1 ~Iel;EM~D~~gAog~~~~~ ~~~~~~~H ~~a : ~s T~5~~~~~A~HO WA I NT ENANCE aile; GAt 10M OF 51...1 0 "ARTNER~ "', I TS SU~CESSDll~ ~ND 6SS I GN$, W lTHOl.lT RECOUPS. TO THE CITY OF ea"I/TOH BEACH, FLDPiOA, THE UTILlTY EASEMENTS AS S~NN ftERFON AAE HEREB! DEDICATED IN PERPETUITY FOR THE CONSTRUCTION AND MAlNTENANe aF UTTLITY FACILITIES. INCUlOlNG CA81.E TELEYISION SVSTENS. THE IMSUll.ATloH C.BLE TElEVISION SYSTEMS SHALL NllT iNTERfERE IfITH THE CONSTRUCT I ON AND HAl NT IIANC. OF OT~ER UT I L IT I ES. THE ~ I M I TED ACCESS UIlINENT! AS SMen. HEREON ARE HEPEBY OEG; GATED TO THE C I TV OF MYNTON aUCH. Fall THE COIoiTROL AND JURISDICTlllN DVI'Il ACCESS RIGHT!!. THE BuFFEll U.SF:M!!l<ITS AS SHOWN HEREON ARE HEREBY RESERVED FDg TME !ICV1NON SUCH OFIIllopM!MT ASSOCIATES, A $;~ORIOA GENERAL PARTNERSHIP. 'T9 SUCCESSORS UlO ASS IONS, FOR aUFFER AND DJIl€R PURPOSES AND IS THE PEllPE TUlL ~., NTENANCE OBliGATION 01' SAID PAAnlER5HIP ANOIOA ITS SUCCESSORS AND ASlilGNSWITNDUl RECOUIlSE TO THE C I T1 OF eOYNll>>l BEACH, TRACT . A' AS SHOlIH ME IS HEIIEaV RESERVED FOq THE eOTTlI01>/ IlEACH aEVELOPMENT "'SSOC I A TESi . I"I.OR. i D4 ERAL PAIHNERSH I p, I T5 SUCCESSORS AIIIO ASS I GtiS, fOil FUTURE DEv ~OPIlf;HT Pu S ANO IS THE IIEIlPETUA~ ~"'INTENJ.~CE 06l10,i,TlOM OF SAID PARTNERSH I , ITS suec S ANC ASS lOllS. nutT "8' A!.'SHOlIIlIIlfREllN IS IiEREBV DEOICATEO TO tHE CIT" OF BOVIllTON &ACH. FOR ADDITION"'L RIGHTS OF uv, TRACT 'C' AS, llNOIIN ~iRillll IS lIERE'" RESERVED FOI'l YHE 1I0VTNON 8EAC~ DEVELOPNENl ASSOCIATES, II; H,OIl18A I$NERAL.PARfNERSltI~.. ITS SUCCESSOAS ~NO ASSIGNS. FOR FUTUR[ DEDICATION l' PALII IIE...CH COUNTY FIJH ADOITtONAL 'lIGHTS OF W...". SIGNED, SEALED. AN.O OE:L I litRE!) , I II TWE flRESENCE OF;. . "BOVNTON BEACH OE~E\.OPIIENT ~$SOC'IATE5. A FLO~IDA . GENEAA\. PARft/EllflH IP, SY ITS (j~HE"'~~ P4IlTNERS: ARMACA/HOFFLER eOYNTON IEAClI. llie.. A VIRSINU CORPORAtiON. QUAUFIEO TO DD BVSINE5!l 'N TH. ST A f€ OF FLDIlICA AllIO SA I fA BOVNTON BEACH PAIlTIl[IlS. ... "LO~ I OA GENE"'A!. l>AIlTNERSH I P ~. ~~~ga~m~~E~uf~1~Tro ,gAgS' B~~1NES~ Y ~ R~~~ I ~ ST A T5 OF F\.OR J DA. 119 GENERoIJ.. PARTNER III TNESS; u___~.~~.__..___~ NITNE5S: n________________ B": -..-iiiiH,,-,--;;~ii;;- uu__ A( sr.ft ~au SEl"l KIRI CaRl COAl FLOI HV MY , MY STA CDU BEF SUL INT ST. say BOV PER MV ",. MV 6TA COU aEF $T I &EM FLO ASS S~P 04/09/57 12:04 SCHAJEDER 8, ,-ARCHE, P.A. ~ 5613756259 IIHIBIT "2" EXHIBU "A" LEGAL DESCRIPTION NO. 042 004 A PARCEL OF LAM) SJTUATlIN SECnONS 19 AND 30, TOWNSHIP'" SOUTH. flANGE 43 EAST, BEING A POanON OF LOTS 39, <40. 41, 43 AND 44 OF THE SUBDMS10N OF SECTION 19. TOWNSHIP 45 SOUTH. RANoa 43 lAST. AS RECORDED IN PLAT BOOK 7, PAGE 19 Of mE PUBLIC RECORDS OF PAL" BeACH COUNTY, FLOlUDA, AND A PORTION OF L.OT "A", SL.OCK I, AND A PORnON OF LOT lOA". BLOCK 2 OF1liE SUBDIVISION OFPAL\f BEACH FAlMS COMPANY 'LA T NO. . OF SECTION 30. TOWNSHIP 45 SOOTH, RANGE 43 EAST, AS UCORDED IN PLAT BOOK 5. PAGE 13, OF THE PUBLIC l!CORDS OF PAUt BEACH COUNTY. fLOIUDA. BEJNG MOg PAA'nct.Jl.AJU. Y DESClUBED AS FOt.LOWS: COMMENCINO AT THE SOl. 'T1GAST CORNER OF SECTlON 19. TOWNSHIP'" SOUTH. RANCE ~,j e.o\ST; THENCE SOtrrH 5-"'2"4'7" WEST ALONO THE SOUTH UNE OF SAID SECTION 19. A OIST ANCE OF 60.01 neT TO A POINT ON mE WEST IUGHT OF WAY LINE OF CONGRESS ~ VENtIE AND THE POINT OF 8eOJNNn<<;; THENCE SOUTH 01922'43" E.o\ST ALONG THE WEST RIGHT OF WAY LINE OF SAID CONGUSS AViNl1i, A DISTANCE: OF 11.50 FEET; TKENCE SOUTH 8~J2141. WEST ALONO A LINE 17..50 FEET SOUTH OF ~ PARALLEL WITH THE NORTH UN! OF SECTlON 30, TOWNSHIP.' SOUl'K, RANGE 43 EAST. A DISTANCE OF 190.03 FEET; THENCE SOUTH 010:12'40" EAST, A DISTANCE OF 42.S1 FEET; THENCE SOUTH 87"32'47" WEST ALONG A. LINi 60.00 FEET SOUTH OF AND PARALLEL Wl'TH niE NORTH LINE OF SA1D SECnON 30. A OtSTANCE. Of 412.9$ fUT TO nm EAST LINE Of lOT" A". BLOCK 3 OF SAm PL."-T OF THE PALM BEACH FAaMS CO. PLAT NO. .~ THENCE NORTH Ot"t2'SJ" WEST M.ONGS1JD EAST LINE. A OlSTANCEOF 3:5.0\ PlETTO A LINE JS FEET soum Of. AND P~LEL wrm 'mE HORnt LINE OF SAJD SECTlON 30; THENCE SOUTH S'Pn'4T WEST ALOHa SAID PAMLLEL LJNE. A DISTANCE OF 28.70 fIET: 11IENCl NORTH 02'2713" WEST, A DISTANCE OF 275.38 FElT: mENCI SOt1'I'H ""16'46" WEST. A DISTANC! OF 169.64 F&T TO A POINT ON 1HE lAST IUGHT OF WAY 1JN8 OF WINCHESTEB PAlU( BOULEV AJU). SAID POINT I8ING ON A CVl.VI CONCAW TO THE EAST HAVTNG A CHOlW Be.uJNG Of NOltTHOI.I:J'05" EAST. It. RADIUS 0'2193.99 FEET, A CENT1tA1. ANGLE OF 0605Vl6'"; THENCE ALONG SAJD EAST lUOHT OF WAY LJNE NOllmERL Y %67.79 FliET ALONG THE ARC OF SAIJ) CUR.VE TO A POINT OF REVERSE CURVE CONCA Vi TO THE WEST HAVING A CHORD BEAJUNG OF NORm 05.11"24" EAST, A RADIUS OF 2149.31 FEET. A CENTIt.AL ANGLE OF 11.41"9"; THENC&. CON'I1N'UE ALONG SAID EAST Nom OF WAY LINE NOIlTHEJU. Y 410." fEET ALONG THE ARC OF SAUl C'U1lW TO A POINT OF TANGENTCY; THENCE CONt1NUl ALOKO SAID lAST I10HT or WAY LINE Noam OtllQl5'06- WEST. A DISTANCE OF 223.72 fEBT; THINCB CO'N'l'It<<JB ALONG SAID EAST lUGHI' OF WAY LINE NORTR 44-U'08" EAST, A DISTANCE OF ".64 FEET TO At POINT ON 1112 soum IUGHT OF Wit. Y LINE OF OLD BOYNTON ROAD; THENCE NORm 8~50'22" EAST. ALONG THE SOUTH RJGHT OF WAY l-rNE OF OLD BOYNTON ROAD. A DrsT ANCE OF 763.72 fEET; THENCE SOUTH 45046'11" E.r\$T. A DISTANCE OF 3..98 FEET TO A POINT ON THE WEST JUOHT OF WA V LTNE OF CONGRESS A VENUE: mENCE ALONG 1HE SAID WEST RIGHT OF WAY LlNE OF CONGRESS A VEN1JE SOUTH 01 "22'43'" 'EAST, A DISTANCE OF J 160.94 FEET TO THE POINT OF 8EGlNNtNG. facsimil TRANSMITTAL to: fax #: re: date: pages: Allan Pellingra (561) 241-0798 Boynton Commons declaration and covenants April 4, 1997 3, including cover sheet. From the desk of... MICHAEL E. 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'Inllo ~ ... ~i; bS;I~~ I~ I Glil ~I H~ 'I ~i ..i I~~d I ;: q ~ ~ild~'IJ L g -~m 1m I! e;1 ill. if ~ i ~~..;; Hi ;t8 a ....~Qu il!-"l: ~ s" iii!! !I!~III1" l~t:lS(!li~ ~ b i 2 !;~'9; 22 ar-ao t;~~"'ilQ~ t!f:!i!l!:1 ;;~ll!I~ ~;~ mg~ lii~~~fi;..!f ..~ II.... ilim:.1~I~1I 'JU BOYNTON COMMONS DE~~~. PREPARED FOR BOYNTON COMMONS, INC. SOUTH BOYNTON BEACH, FLORIDA LancbcapeA/cl'llecUe I land ~ IP'S "1 1111 ~1I1 111 i.x 1111 a II lat leI III I ilIa !ill ~I~ lit I , q ,,' I, I R-2Q ~ ~ ;I-I~ ~ --1., qc; Ie , IJ!I!& o ~ uilii Ilif3:iftCh 0 ,- >o=i < Ilcn-img} I rrl"ii"O:D 2' v:Dm ~ > h'''Ocz l= M"" .... " > z I................:, T ISMISSION VERIFICATION REPORT TIME 04/04/1997 16:20 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 04/04 15:18 815512410798 00:02:14 03 OK STANDARD ECM DEPARTMENT OF DEVELOPMENT ENGINEERING DIVISION MEMORANDUM NO. 97-046, lE W m ~H .'it 81l [0,'! ~~~~~NgE1tf.D . ~"..,,;.:,._.1' TO: Sue Kruse City Clerk FROM: AI Newbold Acting Director of Development DATE: March 20, 1997 RE: BOYNTON COMMONS SHOPPING CENTER UNIFIED CONTROL DOCUMENT Please place the above referenced docmnent in central file per the Assistant City Attorney's directive (see attached memo dated March 19,1997). Thanks. AN/ck attachments xc: Ken Hall, Eng. Plans Check Inspector Mike Haag, Planning Coordinator C:BCOMMUCD MEMORANDUM I~. D r& & ~ II WI ~ r;1.~ ~ : · ' :1 If II " ./ .. II I ! ~ Ii.. f :.,; MAR 2 0 /997 I! J ; 1 I J_cij , , , , - . Ii\, , t'""'-. . ~ .' 1- ~-.. ' ", ! C. " - ~ ." . ,jl'"\ IJ.. ., . "jj~li CITY OF BOYNTON BEACH TO: Ken Hall, Eng. Plans Check Inspector 'f Michael 1. Pawelczyk, Assistant City Attorney fV'il FROM: RE: Boynton Commons Unified Control 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. End MJP/aa wp\developmenl\boynton commons\urufied control 2 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 PELLINCRA BOCA RATON l407) 241 - 0300 BROWARD COUNTY (9541 421 - 0878 TELECOPIER (4071241 - 0798 . FLORIDA BAR BOARD CERTIF1ED 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 Ci ty 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. ALA AP:cc cc: Michael A. Schroeder, Esq. Judy Jocis, Legal Assistant J:\7\CLIENTS\STILLER\SOUTHTRU.BOY\CITYBOY.318 (1025-011) EXHIBIT nAn LEGAL DESCRIPTION A PARCEL OF LAND SInJATE IN SECTIONS 19 AND 30, TOWNSHIP 4S SOUTH. RANGE 43 EAST, BEING A PORTION OF LOTS 39, 40, 41, 43 AND 44 OF TIlE SUBDMS10N OF SECTION 19, TOWNSHIP 4S SOUTII. RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7. PAGE 19 OFTIIE 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. TOWNSIDP 4S SOUTH. RANGE 43 EAST. AS RECORDED IN PLAT BOOK S, PAGE 73, OF TIlE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOL'THEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH. RANGE .0 EAST; TIlENCE SOUTII S~32'47" WEST ALONG THE 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 1~2'43" EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID CONGRESS AVENUE, A DISTANCE OF 17.50 FEET; THENCE SOUTH 8?OJ2'47" WEST ALONG A LINE 17.50 FEET SOUTH OF A.1'ID PARALLEL WITH THE NORTH LINE OF SECTION 30, TOWNSHIP 4S SOUTH. RANGE 43 EAST. A DISTANCE OF 190.03 FEET; THENCE SOlITH 010Zl'40" EAST. A DISTANCE OF 42.51 FEET; THENCE SOUTH 87032'47" WEST ALONG A LINE 60.00 FEET soum OF AND PARALLEL WITIl THE NORTH LlNE 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 NORTH 01012'53" WEST ALONG SAID EAST LINE, A DISTANCE OF 35.0l FEET TO A. LINE 25 FEET SOUTH OF. AND PARALLEL WITH THE NORTIl LINE OF SAID SECTION 30; THENCE SOUTH 8~J2'47" WEST ALONG SAID PARALLEL LINE. A DISTANCE OF 28.70 FEET; THENCE NORm 02027'13" WEST, A DISTANCE OF 275.38 FEET; TIlENCE soum 83"16'46" WEST, A DISTANCE OF 269.64 FEET TO A POINT ON TIlE EAST RIGHT OF WAY LINE OF WINCHESTER PARK BOULEVARD, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST HAVING A CHORD BEARING OF NORTH 080 13 '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 TIlE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST HAVING A CHORD BEARING OF NORTII 05018'24" EAST, A RADrus OF 2149.31 FEET, A CENTRAL ANGLE OF 12048'59-; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE NORTHERLY 480.78 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENTCY; THENCE CONTINUE ALONG SAID EAST RIGHI' OF WAY LINE NORTH 01006'06" WEST, A DISTANCE OF 223.72 FEET; THENCE CONTINUE ALONG SAID EAST RIGHI' OF WAY LINE NORm 44~2'O8" EAST. A DISTANCE OF 35.64 FEET TO A POINT ON THE soum RIGHT OF WAY LINE OF OLD BOYNTON ROAD; lHENCE NORTII 89050'22" 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 THE SAID WEST RIGHT OF WAY LINE OF CONGRESS AVENUE SOlITH 01022'43" EAST. A DISTANCE OF 1160.94 FEET TO TIlE POINT OF BEGINNING. .- , ,~. ._'~"~~~-'. -', ~ i ';':'~R 1:; ; ~/: i r ._----~ q\~i:('f(II\'G I'~~ ~ :', ,i f . i .(,.... r. , '" '" PREPARED BY AND RETURN TO: MICHAEL A. SCHROEDER, ESQ. SCHROEDER AND LARCHE, P.A. One Boca Place, Suite 319A 2255 Glades Road Boca Raton, Florida 33431 DRAINAGE AND OFF SITE WATER RETENTION EASEMENT AGREEMENT This Drainage and Off Site Water Retention Easemen~.^qreement (the "Agreement") is executed this ~ day of N\l>rr~ , 1997, by Bill R. Winchester and Elsle 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. located Exhibit \ " Winchester has sold to the Partnership certain land in Palm Beach County, Florida and legally described on "A" attached hereto (the IIpartnership 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 Partne~ship 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 I'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 12 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. Drainaqe 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 Drainaqe 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 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 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 95-070/1025-005 Page 2 of 12 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 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 ~ill 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 adj acent 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, 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. 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 95-070/1025-005 Page 3 of 12 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 ~ny of them, arising from, or out of or related to the construction, operation, maintenance and use of the Drainage Facilities. 4. Maintenance and Other E~enses. A. Partnership shall, at its sole cost and expense, maintain in good repair and condition the Drainage Facilities. 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 pol icy 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 6 hereof), the Partnership shall only be responsible for its prorata share of the maintenance expenses and real estate taxes described in paragraphs 4.A and B. 5 . Relocation of acknowledges and agrees Drainage Facilities. that Winchester may, The in Partnership their sole 95-070/1025-005 Page 4 of 12 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 facilitiiies, 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 "C". 6. Use of Drainaqe 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 Rights. 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. 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 1 95-070/1025-005 Page 5 of 12 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 I 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' 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 1 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 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. 95-070/1025-005 Page 6 of 12 If to Winchester Group: c/o Bil~ R. Winchester P.O. Drawer 1240 Boynton Beach, Florida 33435 If to Partnership: 8130 Baym~adows 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 own; provided, however, that such additional easements shall not materially adversely interfere with the easements set forth in this Agreement. 14. Severability. 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. Applicable 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 IIClaimant") 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 95-070/1025-005 Page 7 of 12 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), 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. MICHAEL A SCHROEDER Printed Name of Witness M~ BILL R. W NCHE TER ~ITHL~ of Witness MICHAEL A SCHROEDER Printed Name of Witness ~L~ Printed Name of Witness ~tl~ ELSIE A. WINCHESTER 95-070/1025-005 Page 8 of 12 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. RUSSELL KIRK ITS: PRESIDENT Print Name of Witness 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 95-070/1025-005 Page 9 of 12 Print Name of Witness BY: WILLIAM M. SULZBAeHER, ITS: EXECUTIVE VICE PRESIDENT AND CHIEF OPERATING OFFI~ER Print Name of Witness BY: BOY N TON COM M 0 N S CORPORATION, a Florida corporation, its General Partner Print Name of Witness BY: DONALD B. STILLER ITS: PRESIDENT Print Name of Witness STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH) ore oing instrument was acknowledged before me on , 1997, by BILL R. WINCHESTER and ELSIE A. 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: O"",RV p(;~ OFFICIAL NOTARY SEAL ~ ~~ JUDITH LYNN JOCIS ~ ,.. COMMISSION NUMBER ~ ~ CC486369 ~ 0 o~ MY COMMISSION EXP. FF\. AUG. 271999 95-070/1025-005 Page 10 of 12 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 Commission Expires My Commission Number My Notary Seal: 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: 95-070/1025-005 Page 11 of 12 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 supplied as identification. My Commission Expires My Commission Number My Notary Seal: Notary Public State of Florida (J:\7\CLIENTS\STILLER\TITLE\OFFSITE.EAS 1025-005) 95-070/1025-005 Page 12 of 12 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITIJATE IN SECTIONS 19 AND 30, TOWNSHIP 45 SOum.. RANGE 43 EAST, BEING A PORTION OF LOTS 39, 40. 41. 43 AND 44 OF THE SUBDMSI0N OF SECTION 19. TOWNSHIP 45 SOUTH. RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7, PAGE 19 OF TIlE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. AND A PORTION OF LOT "A", BLOCK I. AND A PORTION OF LOT "A", BLOCK 2 OF TIlE SUBDlVlSION OF PALM: 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'THEAST CORNER OF SECTION 19, TOWNSHIP ~5 SOUTH. RANGE ~3 EAST; THENCE SOUTIi S?032'47" WEST ALONG THE SOUTH LINE OF SAID SECTION 19. A DISTANCE OF 60.0 I FEET TO A POINT ON TIlE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE AND THE POINT OF BEGINNING; THENCE SOUTH 01022'43" EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID CONGRESS AVENUE, A DISTANCE OF 17.50 FEET; THENCE SOUTH 87032'47" WEST ALONG A LINE 17.50 FEET SOUTII OF AND PARALLEL WITH THE NORTH LINE OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST. A DISTANCE OF 190.03 FEET; THENCE SOUTH 01"22'40" EAST, A DISTANCE OF 42.51 FEET; THENCE SOUTH 87032'47" WEST ALONG A LINE 60.00 FEET SOlITH OF AND PARALLEL WITH THE NORTH LINE 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 NORTH 0\012'53" WEST ALONG SAID EAST LINE, A DISTANCE OF 35.01 FEET TO A LINE 25 FEET sourn OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 30; THENCE SOUTH 87032'47" WEST ALONG SAID PARALLEL LINE. A DISTANCE OF 28.70 FEET; THENCE NORm 02027'13" WEST, A DISTANCE OF 275.38 FEET; THENCE SOUTIi 83bI6'46" 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 TIlE EAST HAVING 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 NORTHERLY 267.79 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST HAVING A CHORD BEARING OF NORTH 05018'24" EAST. A RADIUS OF 2149.31 FEET, A CENTRAL ANGLE OF 12048'59"; TIIENCE CONTINUE ALONG SAID EAST RlGHr OF WAY LINE , NORTHERLY 480.78 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENTCY; THENCE CONTINUE ALONG SAID EAST RIGlIT OF WAY LINE NORTH 01006'06" WEST. A DISTANCE OF 223.72 FEET; THENCE CONTINUE ALONG SAID EAST RlGIfi OF WAY LINE NORm 44OZ2'08" EAST, A DISTANCE OF 35.64 FEET TO A POINT ON THE SOUTII RIGlIT OF WAY LINE OF OLD BOYNTON ROAD: THENCE NORm 89050'22" EAST. ALONG THE SOUTH RIGHT OF WAY LINE OF OLD BOYNTON ROAD, A DISTANCE OF 763.72 FEET: THENCE SOUTH 45046'11" EAST. A DlST ANCE 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 1160.94 FEET TO THE POINT OF BEGJNN1NG. EXHIBIT liB" 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 4S South, Range 43 .East, LESS the right of way for Boynton Road, according to the Plat. 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 Bast, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida. EXHIBIT "e" ATLANTIC CARIBBEAN 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 SUBDIVlSION 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, FLORlDA, BEING MORE PARTICULARLY DE~CRlBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHlP 45 SOUTH, RANGE 43 EAST, THENCE NORTH 0 1022' 43" WEST ALONG THE EAST LINE OF SAm 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 POlNT 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 WlNCHESTERPARK 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 RADruS OF 2041.31 FEET, AN A CENTRAL ANGLE OF 01011'31"; 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 25.01 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST, FROM WHICH A RADIAL LINE BEARS NORTH 89053'42" WEST, SAm CURVE HAVlNG A RADlUS OF 2016.31 FEET, AN A CENTRAL ANGLE OF 01004'44"; THENCE NORTHERLY ALONG THE ARC OF SAm 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 01000'33" WEST, A DISTANCE OF 260.03 FEET; THENCE NORTH 89050'22" EAST TO THE POINT OF BEGINNING. CONTAINING 1.964 ACRES (85564.6 SQUARE FEET), MORE OR LESS. SURVEYOR'S NOTES: I. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR RlGHTS OF WAYS AND/OR EASEMENTS OF RECORD OR OWNERSHIP. 2. THE LAND DESCRIPTION AND EASEMENTS SHOWN HEREON ARE IN ACCORD WITH THE DESCRlPTION 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 THIS SKETCH AND DESCRIPTION MEETS APPLICABLE MINIMUM TECHNICAL STANDARDS SET FORTH IN RULE 61 G 17-6 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTE 472.027. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. NOT VAll ~,SlGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVE . ~H,': :":'.;.. . " . .' I . .' ..... ~ ~ .... .... '- ',,-l..'i~l:.. :r', " . -- ~ f... .\. -. ..- . :,." f ~ ~.. 'r~\f .,'- , ~x'~' ; B -, , " .' DATE: FEBRUARY 25, 1997 SHEET I OF 2 3062 Jog Road. Ureenacres, Honda 33467 (561) 964-7884 . Fax (561) 964-1969 en CD to . U1 o , N ~ X W o p o ~ THIS IS NOT A I BOUNDARY SURVEY ~ I N01'00'33IW 260.03' 260. 00' POINT OF BEGINNING S01'00'331E 260.03' ~ ~~# " <'~- . 6'~~~ 12. 00' \ I \ \ I I \ I \ \ \ I I SOl'06'06IE 7.83' z I~ I~ I~ 500'09'38"E 40. 00' N o p o o , ~- WINCHESTER PARI{ BOULEVARD R-2041. 31' A-1'U'311 A-42. 46' POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 19. TOWNSHIP 45 SOUTH. RANGE 43 EAST ~ CONGRESS --NOi'22'43'W 1223.02' PROFESS, atML S/JAVEYDRS AND NAPPERS INC. AVENUE 40' 40' en CD to U1 · to 0\ o 0 ~t~ W N , - X - 0\ - 1:<oJ to ~ I -] to ~I "'" ~ BY: DA TE: CAD FILE: 95038DE DRAWN: SHA HO 02-03-97 SCALE: i" = i 00' CHECKED: D. TODD 02-03-97 PROJECT REVISED 2-19-97; NEW LOCATION 95038 REV I SED 2-26-97; BOUNDARY SHEET 2 OF 2 / ." . I ".', ., " ., EXHIBIT "D" Legal Description ... A Portion of Lot 42, of SUBDIVISION OF SECTION 19, Township 45 South, Rang- 43 Ea.t, aa recordod in Plat 8oo~ 7, at Page 19, of the Public Records of Palm beach County, Flor lda, 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 ot South 01'06'03" East a distance ot 20.00 teet to a point of 'intersection ot the South right-ot-way 1 ine of Old Boynton Road and the West right-ot-way line ot Winchester Park Boulevard as now. e~is-ts, said point also being the Point of Beqinning; thence continue South 01106 I OJ II East along the said West liiqht-ow-way line of Winchester Park Boulevard a distance of 243.08 feet; thence South 88' 0910611 West a . distance ot 307.55 teet to a point along the Hest line of said Lot 42, thence North 01'00'33" West along the Nest line of said Lot 42, a distance ot 124.60 teet; thence North 89'50'16" East a dis~ance ot 139.90 teet; thence North 01100'33" West a distance ot 127.53 teet to a point on the said South riqht-ot-way line ot Old Boynton Road; thence North 89'50'16" East a~onq the said South right-ot-way line a distance of 167.26 teet to, the Point of B8g1nning. .... -- .. . . .. " -I \, ; i I ,I 1 'I ! 1~:-'- ~ @ m Ii ~j MAR I 3 i'I~1 ENGINEERING ... 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 oW DECLARATION OF EASEMENTS, RESTRICTIONS AND PROTECTIVE COVENANTS THIS DECLARATION OF EASEMENTS, ~ItE_ST.R~CTIONS AND PROTECTIVE COVENANTS is made thisl~ 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 IIWinchesterll) whose address is Post Office Drawer 1240, Boynton Beach, Florida 33445. RECITALS A. Associates is the fee simple owner of certain real property located in Boynton Beach, Florida legally described on Exhibit "A" attached hereto (the II Property" or the IIShopping Center") and depicted on the approved Site Plan attached hereto as Exhibit "B" (the "Site Planll) . 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 20 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 with the development of the Shopping Center, the City of BOYnton Beach, Florida 4as 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 land~cape easement over, across, under and through the Easement Property (as hereafter defined), Associates has agreed to establish certain easements and restrictions pertaining to the Property for the benefit of the Partnership Land Owner. NOW, THEREFORE, Associates hereby declares and establishes the following easements, restrictions and protective covenants: ARTICLE I DEFINITIONS 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 "C" attached hereto. 1 . 3 Partnership Land Owner. The owner or owners of the Partnership Land. 1.4 Winchester Land. The real property located in Boynton Beach, Florida, legally described on Exhibit "D" attached hereto. 1 . 5 Winchester Land Owner. The owner or owners of the Winchester Land from time to time. As of the date hereof, the Winchester Land Owner consists of Bill R. Winchester, Elsie A. Winchester and Bill R. Winchester, Violet Klatt and Ernest A. Klatt, as Special Real Estate Trustees under the Ernest F. Klatt Revocable Trust Agreement dated May 18, 1990. 1.6 Building 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. 1.7 Common Areas. The portion 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 and tenants, and its tenant's 95-070/1025-005 Page 2 of 20 successors, assigns, agents, employees, invitees, guests and subtenants, including, but not limited to, all entrances, exits, driveways, roads, parking areas, parking spaces, sidewalks, service drives, utilities, drainage and storm water runoff and retention 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, that if 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 the largest portion (based on square footage) of the Property shall be the IIResponsible Partyll. 1.9 Easement Property. The real property located in Boynton Beach, Florida and legally described on Exhibit liE" attached hereto. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 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. ARTICLE III GRANT OF EASEMENTS FOR SHOPPING CENTER 3.1 Vehicular and Pedestrian Access. The Responsible Party, its successors, assigns, employees, agents, invitees, guests and tenants and its tenants' successors, assigns, employees, agents, invi tees, guests and subtenants shall have a perpetual, non- excl usi ve 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. 3.2 Vehicular Parking. The Responsible Party, its successors, assigns, employees, agents, invitees, guests and tenants and its tenants' successors, assigns, employees, agents, invi tees, guests and 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 the Common Areas. 3.3 Utility Easements. The Responsible Party shall have a perpetual, non-exclusive easement for the purpose of installing, 95-070/1025-005 Page 3 of 20 operating, maintaining, repairing, replacing, renewing and tying into any and all utility lines, drainage facilities and related facilities, including surface drainage rights, over, above, along, under, in and across the Shopping Center wherever these utility lines or facilities may be located. ARTICLE IV. GRANT OF EASEMENTS FOR PARTNERSHIP LAND 4.1 Vehicular and Pedestrian Access. "II Associates hereby grants to the Partnership Land Owner, its successors, asslgns, employees, agents, invitees, guests and tenants and its tenants' successors, assigns, employees, agents, invitees, guests' and subtenants, a perpetual, non-exclusive easement appurtenant to and for the benefit of the Partnership Land to and from, over, upon and across the entrances, exits, driveways and other Common Areas for the purpose of vehicular and pedestrian ingress and egress. 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 drainage systems for the Shopping Center to the boundary line of the Partnership Land. Associates hereby grants to the Partnership Land Owner, its successors, assigns and tenants and its tenants' successors and assigns, a perpetual, non-exclusive easement appurtenant to and for the benefit of the Partnership Land over, above, under and across the Property for the purpose of connecting with and utilizing the sani tary sewer and drainage systems located on or serving the Property, at no cost or expense to the Partnership Land Owner or any occupant of the Partnership Land. ARTICLE V JOINT ROADWAY The Responsible Party shall construct, at its expense and at the time of the construction of the Shopping Center, the roadway reflected on the Site Plan as IIJoint Roadway". 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 Partnership Land and shall have curb cuts into the Partnership Land where designated by the Partnership Land Owner subject, however, to the requirements of governmental authorities. The Responsible Party shall, at its sole cost and expense, maintain in good repair and condition the Joint Roadway. 95-070/1025-005 Page 4 of 20 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 signs 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 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 eenter. 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 20 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 occupants of the Shopping Center and their customers and invitees (collectively the "0ccupantsll) 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 and noise, which might be caused by such work to the Occupant and the affected portion of the Shopping Center and cause as little disruption of and interference with use of the Common Areas and other portions of the Shopping Center as reasonably possible. The person performing or authori~ing such work shall repair, at its own cost and expense any and all damage caused by such work and shall restore the affected 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 from 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 1 compensation, industrial insurance or similar laws. The person performing or authorizing such work shall use good faith efforts to cause its contractors and subcontractors to include such indemnity provisions 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 Utility 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 utility 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 interference would disrupt the orderly development and operation of the businesses conducted by any other Occupant on any other portion of the Shopping Center. The person performing or authorizing such work shall bear the cost of any overtime or other additional expense necessitated by such 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 so as to minimize the 95-070/1025-005 Page 6 of 20 impact upon traffic circulation within the Common Area and access of all users to the various business establishments in the Shopping Center. 8.4 Compliance 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 requirements set forth in the lease of the person undertaking such work, the requirements of all applicable governmental authorities having jurisdiction and all applicable laws, ordinances, rules and regulations of such authorities, including without limitation, zoning laws and building codes. All necessary licenses and permits shall be received from governmental bodies and agencies prior to commencing such construction work. 8.5 Time Restrictions. Subsequent to the construction of the improvements depicted on the Site Plan, no construction activity undertaken by the Owner/Tenants, including storage of construction 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 wi thin 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 a;3 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 Fencing 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 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 and other inconveniences occasioned by such work, and to protect users from safety hazards resulting from such work. In addition, such fencing shall be constructed of materials which are architecturally harmonious. Each 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 Staging and Interference. Subsequent to 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 Occupants construction activities and staging areas with such construction activities and such staging 95-070/1025-005 Page 7 of 20 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. 8.8 Condition of Work Site. Subsequent to the construction of the improvements depicted on the Site P~an, 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 against personal injury and property damage to the owners, other tenants, licensees, permittees or invitees. ~ 8.9 Indemnification. 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 restrictions set fort~ in Sections 8.2 through 8.8, inclusive, shall indemnify and save harmless the Responsible Party from and with respect to all claims, damages, cause of action, judgments, losses, damages (including consequential damages), costs and expenses, including reasonable attorneys I 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. ARTICLE IX MAINTENANCE The Responsible Party shall maintain in good repair and condition all utilities, parking areas, parking spaces, driveways, access ways, roadways, sidewalks and walkways, exits and entrances and other Common Areas located in the Shopping Center. ARTICLE X INSURANCE The Responsible Party shall obtain and maintain comprehensive general liability insurance of (i) 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 $500,000.00 with respect to property damage arising out of anyone occurrence. 95-070/1025-005 Page 8 of 20 ARTICLE XI LANDSCAPE EASEMENT 11.1 Landscape Easement. The Partnership hereby grants to the Responsible Party, its successors and assigns, a perpetual non- exclusive easement appurtenant to and for the benefit of the Property over, across, under and through the Easement Property for purposes of planting, installing, maintaining, replacing and renewing, at the Responsible Party's expense, a landscape buffer for use by the Property (the "Landscape Buffer") . 11.2 Installation and Planting of Landscape Buffer. The Responsible Party shall, at its sole cost and expense, cause to be planted and installed 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, codes, ordinances and other requirements of governmental entities. 11.3 Conditions to Commencing Installation. Prior to the planting and installation of the Landscape Buffer, the Responsible Party shall deliver to the Partnership (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 the Partnership, as an additional insured, which certificates and policies shall include provisions and provide coverage reasonably acceptable to the Partnership; (ii) a copy of the Contract for the installation of the Landscape Buffer, which will only be for the installation of the Landscape Buffer on the Easement Property and for no other facilities or improvements including the Shopping Center to be constructed by the Responsible Party on the 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 the Partnership 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 Responsible Party in the Easement Property and shall describe the improvements to be made as the Landscape Buffer, 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 installation of the Landscape Buffer acknowledging that such person or entity shall look solely to the Responsible Party and its easement interest in the Easement Property for paYment in conjunction with such work and 95-070/1025-005 Page 9 of 20 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 unreasonably withheld or delayed and a copy of all permits required to install the Landscape Buffer. 11.4 Removal of Liens. 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 against 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 such lien to be satisfied or transferred to bond. 11.5 Indemnification. The Responsible Party, its successors and assigns, shall indemnify, defend and hold harmless the Partnership and its 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 installation, maintenance and use of the Landscape Buffer. 11.6 Maintenance. Responsible Party shall, at its sole cost and expense, maintain in good repair and condition the Landscape Buffer. 11.7 Real 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 computation 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 for purposes of making the computation shall include the Easement Property. 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 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. 95-070/1025-005 Page 10 of 20 11.8 Insurance. 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 policy, the Partnership shall provide Partnership with evidence that such policy has been renewed for an addi tional year. In addition to the requirements set fortl? in Section 11.3 above, the policy shall provide that it will not be canceled or modified without Partnership having first been provided with thirty (30) days prior written notice. 11.9 Limitation of Lien Rights. Notwithstanding anything to the contrary contained herein, no interest.... of the Partnership hereunder or any other interest of the Partnership 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 Responsible Party, whether or not the Partnership shall have consented to same. 11.10 Termination of Landscape Easement. The Property landscape easement granted to the Responsible Party pursuant to Section 11.1 hereof shall terminate if and when the City of Boynton Beach, Florida, no longer requires that the Responsible Party continue to maintain the Landscape Buffer for the benefit of the Property. The Responsible Party agrees 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 Landscape Buffer. The Responsible Party acknowledges and agrees that the Partnership Land Owner may use all or a portion of the Landscape Buffer to satisfy landscape or buffer requirements of the City of Boynton Beach, Florida, in connection with the development of the Partnership Property and, notwithstanding the foregoing, the Responsible Party shall continue to maintain the Landscape Buffer at its sole cost and expense and pay all real estate taxes with respect thereto. ARTICLE XI MISCELLANEOUS 12.1 Amendment and Termination of Declaration. This Declaration may only be modified or rescinded, in whole or in part, by the Responsible Party, its successors or assigns. Notwithstanding the foregoing, Articles IV, V, IX 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 95-070/1025-005 Page 11 of 20 Responsible Party shall continue to be responsible for the maintenance 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 11.1 shall survive the termination of this Declaration. 12.2 Amendment of Site Plan. Nothing herein shall be construed to prevent the Responsible Party from amending the Site Plan without the consent of any other party unless (i) the code or ordinances of the City of Boynton Beach require its consent in which event the Site Plan shall not be amendeq without having first obtained the consent of the City of Boynton Beach; or (ii) the amendment would change the No Build Area in which event the Site Plan shall not be amended without having first obtained the consent of the Winchester Property Owner. 12.3 Covenants Running with the Land. The terms, conditions, covenants, rights and obligations contained within this Declaration shall run with the Shopping Center, the Winchester Property and the Partnership Property, as the case may be, and inure to and be for the benefit of the Partnership Land Owner, the Winchester .Land 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, 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 (10) 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. 12.4 Severability. 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 Applicable Law. This Declaration shall be governed by and construed in accordance with the laws of the State of Florida. 12.6 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 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. 95-070/1025-005 Page 12 of 20 12 . 7 Consent or Approval of Partnership Land Owner. In' the event the terms of this Declaration require the consent or approval of the Partnership Land 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 Approval of Winchester 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 appr~val must be obtained from the person owning the largest portion (based on square footage) of the Winchester Land. 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, 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. 11. 10 At torneys ' Fees and Costs. In connect ion wi th any arbi tration 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 Notices. 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 above or as otherwise instructed pursuant to notice given under the terms of this paragraph, and shall be deemed given or delivered (a) 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 (c) one (1) day after acceptance for delivery by Federal Express or any other nationally recognized overnight delivery service. 11.12 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 95-070/1025-005 Page 13 of 20 "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 lawyer~ 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. 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, 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. RUSSELL KIRK ITS: PRESIDENT Print Name of Witness 95-070/1025-005 Page 14 of 20 Print Name of Witness Print Name of Witness 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 businesfl in the State' of Florida and Boynton Commons Corporation, a Florida corporation BY: BAI~ 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 ~: BOYNTON COMMONS CORPORATION, a Florida corporation, its General Partner BY: DONALD B. STILLER ITS: PRESIDENT WINCHESTER: _ ~ ~ kf~~<- BILL R. WINCHESTER Page 15 of 20 , ~~ ELSIE A. WINCHESTER Print Name of Witness ~~oos Print Name of Witness PARTNERSHIP: .... WINCHESTER, WINCHESTER, ZEIHER AND SCHROEDER, a Florida general Print ~J.ML^gpIIDnR pr~ STATE OF FLORIDA COUNTY OF PALM BEACH BY: ITS: 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 Commission Expires My Commission Number My Notary Seal: 95-070/1025-005 Page 16 of 20 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 ~EACH 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: 95-070/1025-005 Page 17 of 20 STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH) was acknowledged before me on , 1997, by BILL R. WINCHESTER and ELSIE A. personally known to me\h~v9 prnrluced ~~ identificat~Qn, _ ~ ~ JUDl1HLYNNlOCIS Print, Type or Stamp Commissioned Name of Notary Public - State of Florida NOT ARY SEAL 1- t-9.~ PlJ8 OffICI~H L'iNN JOCIS ~ ~ JUO N NUMBER :ie ~ (l COMMISSIO K '* 00486369 ~ ~ MY COMMIS'ION UP. "I'(C' oq: AUG 27.1999 OFf\.: . W re ""'- , My Commission Expires: My Commission Number: My Notary Seal: STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH) ~Lt1L1Fore~ing instrument was \ , 1997, by Partner of WINCHESTER, WINCHESTER, general partnership, on behalf personally known to me. acknowledged before me on BILL R. WINCHESTER, as General ZEIHER AND SCHROEDER, a Florida of the partnership. He is Print, Type or Starn Commissioned Name of Notary Public - State of Florida My Commission Expires: My Commission Number: My Notary Seal: RV p- . C)" \lo. v~ OFFICIAL "&f.'" SEAL ;: ~"O JUDITH I.'NN Joers '~';, . ,.. COMMI"'ON IiIUMBER .~;c . J MY 00488369 . 0" F\.O(f. COMMISSION EXP. AUG. 271999. (J:\7\CLIENTS\STILLER\BOYNTON5.DEC 1025~005 02/14/97~ 95-070/1025-005 Page 18 of 20 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: "That certain Adjustable Rate Mortgage Agreement, dated January 25, 1988, and recorded January 27, 1988, in Official Records Book 5557, at Page 78~, 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 "Mortgage")." 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 March ,1997, between Boynton Beach Development Associates, a Florida general partnership, and SouthTrust Bank of Alabama, National Association, which 95-070/1025-005 Page 19 of 20 Mortgage and Security Agreement is to be recorded in the Public Re ords of Palm Beach County, Florida. ~~ ELSIE A. WINCHESTER Print Name of Witness ~f' Prlnt Name 0 Wltness '" STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH) ~^~TP~ forego~ng instrument was acknowledged before me on ~~ l ~. , 1997, by ELSIE A. WINCHESTER, who is personally known to me\p~g produDos .....l:> 1<1t::uLif;""::ltioIl. ---- - "------- Print, Type or Stamp Commissioned Name of Notary Public - State of Florida My Commission Expires: My Commission Number: My Notary Seal: ....~v Pu8. OFFICIAL NOTARY SEAL 0.... ~ JUDITH LYNN JOCIS ~ ~ ~ COMMISSION NUMBER ; <' CC488369 ..... . j MY COMMISSION EXP. ~ OFf"O AUG. 271999. < 95-070/1025-005 Page 20 of 20 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SmJATE IN SECTIONS 19 AND 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST, BEING A PORTION OF LOTS 39, 40. 41, 43 AND 44 OF TIlE SUBDMS10N OF SECTION 19. TOWNSHIP 45 SOU1ll RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7, PAGE 19 OF TIlE PUBLIC RECORDS OF PAL'\f BEACH COUNTY, FLORIDA, AND A PORTION OF LOT "A", BLOCK I, AND A PORTION OF LOT "A", BLOCK 2 OF TIlE SUBDIVlSION OF PAL\of BEACH FARMS COMPANY PLAT NO.8 OF SEmON 30. TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 5, PAGE 73. OF TIlE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PAJlTlCULARL Y DESClUBED AS FOLLOWS: COMMENCING AT THE SOL'THEAST CORNER OF SECTION 19, TOWN~HIP -45 SOUTH. RANGE ..J3 EAST; TIlENCE SOUlll S'r'32'4r WEST ALONG TIlE SOUTH LINE OF SAID SECTION 19. A DISTANCE OF 60.01 FEET TO A POINT ON 1lIE WESTRJGHTOF WAY LINE OF CONGRESS :\ VENUE AND THE POINT OF BEGINNING; THENCE soum 01~2'43" EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID CONGRESS AVENUE, A DrST ANCE OF 17.50 FEET; THENCE SOUTH 87032'47" WEST ALONG A LINE 17.50 FEET SOU1lf OF AND PARALLEL WITH THE NORm LINE OF SECTION 30, TOWNSHIP 45 SOum. RANGE 43 EAST. A DISTANCE OF \90.03 FEET; TIlENCE SOtrrH 010Z!'40" EAST, A DISTANCE OF 42.51 FEET; THENCE soum 87032'47" WEST ALONG A LINE 60.00 FEET SOUTH OF AND PARALLEL Wlm TIlE NORm LINE OF SAID SECTION 30. A DISTANCE OF 422.95 FEET TO THE EAST LINE OF LOT "A". BLOCK 3 OF SAID PLAT OF TIlE PALM BEACH FARMS CO. PLAT NO.8: THENCE NORTH 0\0\2'53" WEST ALONG SAID EAST LINE, A DISTANCE OF 35.01 FEET TO A LINE 25 FEET SOUTH OF. AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 30; THENCE SmITH 87032'4T' WEST AlONG SAID PARALLEL LINE. A DISTANCE OF 28.70 FEET; rnENCE NORm 02~7'13" WEST, A DISTANCE OF 275.38 FEET; lHENCE SOUTH 83"16'46" WEST, A DISTANCE OF 269.64 FEET TO A POINT ON 1HE EAST RIGHT OF WAY LINB OF WINCHESTER PARK BOULEVARD, SAID POINT BEING ON A CUllVE CONCAVE TO THE EAST HAVING A CHORD BEARING OF NORTH 08013'05" EAST, A RADIUS OF 2193.99 FEET, A CENTRAL ANGLE OF 06059'36"; TIiENCE ALONG SAID EAST RIGHT OF WAY LINE NORTIiERL Y 267.79 FEET ALONG TIlE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE CONCAVE TO TIlE WEST HAVING A CHORD BEARING OF NORm 05018'24" EAST. A RADIUS OF 2149.31 FEET. A CENTRAL ANGLE OF 12048'59"; TIIENCE CONfINUE ALONG SAID EAST RIGID OF WAY LINE NORTHERLY 480.78 FEET ALONG TIlE AIlC OF SAID CURVE TO A POINT OF TANGENTCY; TIIENCE CONTINUE ALONG SAID EAST RIGHr OF WAY LINE NORTH 01006'06" WEST, A DISTANCE OF 223.72 FEET; THENCE CONTINUE ALONG SAID EAST RIGHI' OF WAY LINE NORm 44~2'O8" EAST, A DISTANCE OF 35.64 FEET TO A POINT ON TIlE soum RIGHT OF WAY LINE OF OLD BOYNTON ROAD; THENCE NORm 89050'22" EAST. ALONG THE SOUTH RlGHT 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 RlGHT OF WAY LINE OF CONGRESS A VENUE: THENCE ALONG THE SAID WEST RIGHT OF WAY LINE OF CONGRESS A VENUE SOUTH 01022'43" EAST. A DISTANCE OF 1 160.94 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" 'ilIl...- .,- --;_. .. " ...~..- ...",..~.~._~: ."....:-.. ," . ", ..'--. "'... 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PMC'EL'A A PARCEL 01' LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 eAST, PALM BBACH COUNTY, FLORIDA, SAID PARCEL BBING A PORTION or TRACT 44 OF THE PLAT or SUBDIVISION or SBCTION 1', TOWNSHIP 4S SOUTH, RANGS. 43 BAST, AS RBCORDED IN PLAT BOOK 7, PACB 19, OF TUB PUBLIC RECORDS OF PALM aBACH COUtrl'Y, rLORIDA, SAID LAND BEING MORB PAKT~CuLAaLY DalCRIBBe AS fOLLOWS, COMMBNCING AT THB SOU'l'HBA8T CORNBa or IBCTION 19, TOWNSHIP 4S SOUTH, RANOB 43 EAST, THIRCB WITH A BEARING or SOUTH 87.'2'.7- WBST, ALONG THB SOUTH LINB or 8BC'1'ION 19, A DI8TAHCB 01' 60.00 Faft TO A POINT ON THI WIST RIGHT OF WAY LIMB or COMaRI8. AYBNUB, ~HINCB OOH~INUE ALOHa THE APORaMIN'1'IONBD CouaS8 EXTBNDID A DI8TANCB or 927.68 r8ft 'lO A POINT ON THE EAST RI08T or HAY LIMa or WINCHBSTBR PARK BLVD., TRIMC~ WITH A CURVE TO THB RIGHT ALONG THB BAST RIOHT or WAY LIMB OF WINCHBSTER PARK BLVD. WITH A CHORD BlARING or NORTH 00.59106- NBST, A RADIUS or 2193.99 PBET, A CENTRAL ANGLE OF 0.39'11-, AND AN ARC LENGTH OF 25.01 r8ft TO A POINT, SAID POINT BBING THB pOlar: OF BSOINHlROI TIIDNCE CON'l'INUS ALONC THB AFOREMBNTIOlfBD CORVR HAVING A CHO~D BlARING or NORTH 00. 26' 44" BAST, A RADIUS OF 2193.99 FBST, A CENTRAL ANGLE or 2 -12131" AND AN ARC LBNG'rH 01' 84.58 FBBT, THBNCE NORTH 68.03148- BAST, A DIS'1'ANCB OF 297.76 r.E'l'1 THaNCE SOUTH 02- 27113- !AST, A DISTANCE or 183.78 FEaT TO A POINT ON A LINB LYING 25 FEET NORTH o~ AND PARALLEL TO THB SOU'1'H LINB OF SBCTION 1 9 I TRINCB WITH A BEARING OF SOUTH 87- 32'47- WBST,A DISTANCB OF 285.00 rEST ALONG THE SOUTH LINE 01" SICTION 19 MORB OR LBSS TO THB POINT or BEGINNING. \ CONTAINING 0.871 ACRES (378~S SQUARE FEET) MORE OR LESS, AND SUBJECT .~ EASEMENTS AND RIGHTS OF WAY OF RECORD. * $UIfVnOIt3 .~,.. "eM1'GMI ~ ~~lA' . "... P L S. . ....p~S. EXHIBIT PARe! L: C .., A PARCEL OF t.AND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANCE 43 EAST, PALM BE"CH COUNTY, FLORIDA, SAID PARCEL aaING It POR'l'ION OF TRACT 44 or THE PLAT or SUBDIVISION or SBCTION 19, TOWNSHIP 4S SOUTH, RANGB 43 BAST, AS RSCOROBD IN PLAT BOOK " PAGS 19, or THB PUBLIC RECORDS 0' PALM aBAca COUNTY, 'LORIDA, BAlD LAND BBING MOaB PARTICULAJLY DZSCRIBBD AS fOLLOWS: COMMENCING AT 'fBR 8OU'1'BD8T CORMaR Of. SBCTION 1', 'IO.S8I' 45 SOUTS, RANoa 43 BAS"'" TRUCS WITH' A BlARING OP SOUTS 8'.12'41- WBS'1', ALONG THE NORTH LINE OP 8BC'RION 30, ^ DISTANCI OF 60.. 00 'Bft '1'0 A POIN'1' ON THE WEST RIOHT OF WAY LIMB or CONGRB$S AVIHUB, ~8BNca CONTINua ALOMG THB APORlMaRTIOtfBO COOISI BX'1'BMDBD A DISTUCI or 927.68 ,.aST '10 A POINT ON THB BAST RIGBT or NAY LIBB or WINCRBSTE. PARK B~VD.J THIMCR WITH ^ CURVR '1'0 THB RIOHT ALOHG THB BAST alan 01' WAY' LINB -or WINCH!STBR PARK BLVD. WITH A CHOKU BEARING OP NORTH 00.07'08. BAST, A RADIUS OF 2193.99 FEft, A CENTRAL ~NGL! OF 03- 04' 56", AND AN ARC L!NGTH OF 109.59 rZIT TO A POINT; SAID POINT BIING TH~ 1'011ft' 01' BBGIIlINING, THBNCE CONTINUE ALONG THE AFOREMENTIONED CURVE HAVING A CHORD BEARING or NORTH 03' 08108" BAST, A RADIUS OP 2193.99 FBST, A CENTRAL ANGLE OF 03-10'la" AND AN ARC LENGTH OF 121.45 PEBT, THRNes NORTH 83. 16' 46" BAST, It DISTANCB OF 269.64 rBft, THaNcE SOU'l'H 02 27'13- BAST, A DIS'1'ANCI OF 41.60 PIST, THBMel SOUTH ,a.03J.SM WEST, A DIS~ANCE OF "97.76 PBBT, MORE OR LISS TO THI POINT OF BBGINNING. CONTAINING 0.51 ACRIS (2203.1 SQUARS PEST) MORE oa LBSS AND SUBJBC'l' TO BASEMENTS AND RIGHTS OP WAY or RlCORD. ... . ~ ----- ------ -- ~ ~., MQftTQMl aI OO..eT~ L .. . '. \ "'"ttM, ..L. C. .. '....,. P.L. S ... EXHIBIT "ARCIL D-1 A PARCEL OF LAND LYING IN SICTION 19 and 30 TOWNSH1P 4S SOUTH. RANGI .43 EAST. PALH BEACH ~OUNTY. FLOIU'DA. BAlD PARCEL BIING A PORTION 0' TRACTS 44 O~ THI PLAT OF SU8DIV1SIOH OF SKc110N 1~. TOWNSHIP 45 SOUTH. RAHOI 43 EAST. AS RECORDED IN PLAT BOOK 7. PAGE 19. or THE PUBLIC RECORDS OF PALM BEACH COUtITY.. i'LORIDA, AND PORTION 0' LOT A BLOCK 3. OF THE SUBDIVISION 0' PALM &BACH .AMHS COItPANY PLAT 110 8, AS RICORDID IN PLAT BOOI( 5. PAGE 73 or THI PUBLIC RICORDS OP PALM BEACH COUNTY. 'LOREDA. SAID LAND BItINQ MORB PARTICULARLY DSBeRI.ID AS FOLLOWS: COHMINClHO AT THE SOUTHIAST CORNIR OF SA.ID Slel'ION 19, THENCE WITH A BlARING Of SOUTH 87-32' 47" WEST. ALONG THI SOOTH LINK OF SICTION 19, A DISTANCE OF 102,05 FilT TO THE POINT or BSOINNING;THENCI WITH A BIARINU o~ SOUTH 02-a7' 13" 2^ST,A OISTANCI OF 60.00 'EIT TO A 1-='OlNT: THiNCE Wl'fH A S&:A1UNG OF SOUTH S7-;J2' 47" Wis'r ALONa A LINII: L'{lNO 60.00 VEST SOUTH OF AND ~AftALLBL W1TH THE Noa'fH LINA OF SECTI~N 30. A DISTANCI of 92,89 'lET TO A POINT ; l'Hi:tt<.;~ WITH A SHARING NORTH 01- 18' 4.3" WEST. A DISTANCi OF as. 00 "liT To" A POINT: THIiNCK WITH A 8&:ARINIJ OF NOR1.'H i7-32' 47" BAST, ALONG A LINE L'iING 25,00 'EIT NOR'1'H AND P"RALLEI. TO THE SOU'EH LINE OF SECTiON 19. A DISTANCE OF 91,20 VIET TO A POINT; THINCE WITH A SiAAING 0, SOUTH 02- 27' 13" lAST. A DISTANCE OF 2S. 00 ,riT MORE OR LESS TO THE POINT OF 8801""ING. CONTAINING 0,11 ACRES (4594 SQUARi'F~El'j MORE OR LiSS ANV SUBJECT TO EASEMENTS AND RIGHTS-Or-WAY OF RACORD. HOTE: LEGAL PREPARED BASED ON OfFICK DATA ONLY. NO FliLD SURV~Y PREPARED. , ~""".,. r. ,. , f~tt. ,.~ S. .1U"Vf1'O,q ~"urt ""'..1 UCMaMIlUaVly. CONI1Nm1aN LAYOuI EXHIBIT ... PAlCSL D-2 A PARCEL OF LAND LYING IN SECTIuN 19 AND 30. TOWNSHI~ 4~ SOUTH. RANCE 43 lAST. PALM BIACH COUNTY. 'WR1DA. SAlt' PARCIL BIINO A PORTION or TRACTS 44 0,. THI PI"AT or SUIDIV%81ON OF SlC1'lOH 19. TOWNSHIP 45 SOUTH. RANGE 43 lAST. AS RICORDED 1N PLA'1' BOOK '. PAGE 19. 0' THE PUBLIC RICOROS or PALM alACH COUNTY. FLORIDA, AND PORTION OF LOT A BLOCK 3. or THI SUBDIVISION. 0' PALM BlAat PA'" COttPAIft PUT NO It. AS RICOROID IN PLAT ~ S. PAGE 73 OF THI PUBLIC RICORoa or PALM BtiCH COUNTY. 1'1..0IID,\. SAID LAND BIINO HORB PARTICULARLY DESCR%8ID AS 'OLLOWS: COMMENCING AT THI SOUTHEAST CORNKR or SAID SICTI0N 1~. THENCE WLTH A BEARING or SOUTH 81-32' 47" WEST. ALONG THE SOUTH LINK 01 SECTION 19, A DISTANCE OF '.193.81 F!IT TO THI POINT 01' aaolNllINO;TH!NCB WITH A alAkING OF SOUTH 01 lS' 43" EAST.A DISTANCE OF 25.00 FliT TO A flOINT: 'i'HKNCI WITH A BlARING OF SOUTH 8'-32' 47" WIST ALONG A LINE L'i.lHO 25.00 rliT SOUTH O~ AND PARALLIt:L WITH THE NOR'fH LINE Of' SECTIuN ~o A DISTANCI OF 193,9~ '1ST TO A POINT ON THE lAST Rl~HT- Or-WAY LINE OF WINCHISTEk PARK BLVD. ; THiNe" W.L'IH A 8SAfIllNO NORTU 01. 18' 43" WEST. ALONU 'tHI IAS1' kIQHT..017-WA't ", WINCHIS1''Efc PARK BLVD. A DISTANCE 0' 2S.~O '~iT: THINCi WITH A ~URVI TO THE RIGHT, HAVING A RADIUS or 2103.99 FlET. A C!Nr~AL AHOLIOF 0.39' 11".AND AN ARC LENGTH or 2S.01 FiE1' TO A POINT; THi~CE WITH A BEARING OF NO~TH 87-32" 47" EAST, ALuNfJ A LINI L~INO 25.00 III't NOR1'H OF AND f'ARALLIL TO 1'Hi: SOUTH LIN~ of SiC'flON 19. A DISTANCIL OF ,.:J.9'3. 80" ~ltli'r TO A POINT: T~.NCI WITH A BEARING OF SOU~H 01.18' 43". A DISTANCE OF 25,00 fItT MORa OR LESS Tel THE POINT OF BIOINNINQ. , . CONTAINING 0.22 ACRIS (969S SQUARE Fi~T) MORE OR Li~S AND SUSJECT TL' EASJ!:HEN1'S AND RIGHTS-OF -WA Y . OF Rlcord).. .or' . NOTE: LEGAL PRI~ARE.D BASED c,rf O"ICE DATA ONLY. NO f'lELD SURVlLr PREfoARELJ. EXHIBIT '~I)" 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 Plat ther..f as recorded in Plat Book 7, Page 19, of the Public Redords of.Palm Beach County, Florida '. ' ~ . ~ It 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. t.AtiUHT '1:. ATLANTIC LARIBBEAN MAPPI1,.G, INC. PROFESSIONAL SURVEYORS AND MAPPERS EXHIBIT "A" SKETCH AND DESCRIPTION OF A 10 FOOT LANDSCAPE BUFFER EASEMENT LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 19 AND 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SAID PARCEL BEING A PORTION OF TRACT 44 OF THE SUBDIVISION OF $CTION 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 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 LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, THENCE SOUTH 87032'47" WEST ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 60.01 FEET TO THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE; THENCE CONTINUE ALONG THE SOUTH LINE OF SAID SECTION, SOUTH 87032'41" WEST, A DISTANCE OF 642.05 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02027' 13" EAST, A DISTANCE OF 25.00 FEET TO A POINT ON A LINE 25.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 19; THENCE ALONG SAID PARALLEL LINE SOUTH 87032'47" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 02027'13" WEST, A DISTANCE OF 274.63 FEET; THENCE NORTH 83016'46" EAST, A DISTANCE OF 10.03 FEET; THENCE SOUTH 02027'13" EAST, A DISTANCE OF 250.38 FEET TO TIlE POINT OF BEGINNING. SAID LANDS CONTAINING 2,750.047 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES: 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY TIlE 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 WRIITEN 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 THrS SKETCH AND DESCRIPTION MEETS APPLICABLE MINIMUM TECHNICAL STANDARDS SET FORTH IN RULE 61 G 17-6 ADOPTED BY THE PLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTE 472.027. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. NOT V ALIDWITHOtr;r:.;J'HE. SIGNATURE AND ORIGINAL RAlSED SEAL OF A FLORIDA LICENSED SURVEYOR.AND.... l\.AAD~.~i.~1"...~.*'::;..;.... ...:'., ': " . . ,.L'~~, ~~,...t,:~ ..::~:~~~~'~'f';,\~\~.\~~i~;;.,..: ; 'A~4~ . '}~~I,1!... l.;.,.. ~'. .. .... <( v~ ',I, "'l: . ..,.' .. I.. ;- \'1 ::l~~'. f.. a ,0. , B..... . f ".i ~...A ~ . \..,,!~ . . \:':~.~1!J. ~l~' .J9 . ,..'~ t;-''t'1'- if": > ,'" '. ..- ".;',. 1,," . '.' ~", ..: . _ .' "i",,"':;: ..""l.A~If'll.n.. ~ . "'. :'~':(..j.\U").~. .VI'\~.. ~r"" ":~~:;;,, ": "",-r, ',,,,,~ r,~....~;.._ .. ~,').;,. ,I'_-,~.;""'~ . ",' "'/~~ "'" e..'V.... -~":.,' . ,;, I ""., r~ D'. ,",'" "'...- "'.. '!Jllk....lAt,o:-...""...;' . . ."1,...\\\ . .~'.'.;"...::, . . .. r'~A,),\~",:~. c., 3062 Jog Road. Greenacres, Florida 33467 .' " (561) 964-7884 . Fax (561) 964-1969 SHEET 1 OF 2 J., , J i- I \ I \ , ~ \ \ I I~ \~ \~ I \~ ,(") \: 10 \~ J~ \~ , I , \ , I \ L i UJ CJ) - -..A o. . W ON o ... ...". -..A . :II: S02' 27' 13' E 25. 00' -~- PARK 8 -------- - -- ~U~EVARD --- -- WINCHESTER N02' 27' 13' M 274. 63' S02' 27' 13' E 250. 38' I I \ :0 !=' P' I ~ ~ D C :il:i ~I~ ~\~ a a " " U) U) ~I~ ~]I~ (.oJ loA- a to !) I I 60.00' UJ CJ) I~ ,~ ... \~ ". I~ I~ I PROFESS IotW. SVRVE'YMS AND ItAPPERS INC. .., LEGEND: D.RB. . OFFICIAL RECORDS BOOK PG. . PAGE L.W.D.D. . LAKE WORTH DRAINAGE DISTRICT a. DELTA/CENTRAL ANGLE R . RADIUS A . ARC LENGTH P.O.B. . POINT OF BEGINNING '% CJ) ..-~ P..- 001 W ... .... 01 . rT1 EXH I BIT · A. SKETCH & DESCRIPTION OF A iO' LANDSCAPE BUFFER EASEMENT THIS IS NOT A BOUNDARY SURVEY. 2: UJ CJ) Ol-..A o · . w o~ ~". -..A . :II: WESt RIGHT OF MAY OF CONGRESS AVENUE en ~ CONGRESS A VENUE PO I NT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION is C NOATlEABT CORNER OF BECT I ON 30. TotNIHlP 46 SOUTH. RANeE 43 EAST FOUND PALM BEACH COUNTY BRASS DISC BY: DATE: SHATTO 03-0B-97 D. TODD 03-08-97 CAD FILE:95038SY SCALE: 1" = 1 00' PROJECT 95038 SHEET 2 OF 2 DRAWN: CHECKED: FIELDWORK FIELDBOOK . PG. MAR-10-'97 15:40 ID: LAW OFFICES TEL NO:407-241-0798 1:1368 POl <-""\ 1<' 0 G U ~J ~ ~ ", _~~~~~.~~l SCHROEDER AND LARCHE. P.A. ATTORNEYS AT LAW ONE BOCA PLACE, SUITE 319 - ATRIU 2255 GLADES ROAD BOCA RATON, FLORIDA 33431-7383 " i)U~ .. I U \,I\AR \ 0 1991 PLANNINGE"ptND ZONING D . TELECOPIER (561) 241-0798 BOCh RhTON (561) 241-0300 BROWARD (954) 421-0878 TELECOPIER 18ANSMITTAL SHEET ~.J..LLJ.Nlj NU: lU:l~UU:J TELECOPY NO: TO: (561) 375-6090 Mike Haag, Planning & Zoning FROM: RE: Alan Pellingra Per Our conversation DATE: March 10, 1997 SPECIAL INSTRUCTIONS: TOTAL NUMBE~ OF PAGES INCLUDING THIS ~AGE: 5 ORIGINAL TO FOLLOW: No CONFID~~~;ALrTY NOTE THE INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS LEGALLY I>UVILEGED AND CON"IDENTI~L INFORMATION INT~NDED ONLY ro~ THE us~ OF TH~ INDIVIDUAL OR ENTITY NAMED AaOV~.rF TH~ REAOtR or THIS TRANSMISSION IS ~OT THE IN~~NDED RECIPIENT, YOU A~E H~REBY NOTIFIED THAT ANY DISSEMINATION, OISTRI9UT!ON OR COPYING OF THIS TRANSMISSION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSIDN IN ERROR. PLEASE IMMEDIATE~Y NOTIFY OS BY COLLECT TELEPHONE CALL AND RETURN THE ORIGINAL TRANSMISSION LO US AT THE ADDRESS ABOVE VIA U.S. MAIL. THAN~ YOU IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (56~) 241-0300 AS SOON AS POSSIBLE OUR TeLECOPIER NUMBER IS: (561) 241-0798 ~ ,~ MAR-Hj-'9? 15:42 ID: LAtd OFF] CES TEL NO:407-241-0798 tl368 P02 -~ .. ..-~ SCHROEDER AND LARCHE, P. A. ATTORNEYS AT LAW ONE HOC.-. PLACE. SIJITE 319, I'ITIlIIJM 2255 GLADiS R~D BOCA RATON. FLORIDA U411 " 7383 MICHAEL A. SCHROEDER W.LAWRENCELARCHE- "l.....N I'tLLINt:kA ElOCA RA'l'GN 14071 :141 - OJOO IROWAlll)COlJNTY 19541421 ,0878 TELECQPfER (401) 241 . 0798 . tLORIDA BAA .OdD CtAflFIEll WILLS. nUSTS "Nil E:ilT"TES LIIW'fER March 61 1997 VIA TELBCOPIER (561) 478-5012 Mr. Conrad Smith Land Design South 1280 N. Congress Avenue, West Palm Beach, Florida .Ita I '-t;J-" I'..JQ / Suite 215 33409 Re: Declaration of Easements I Restrict ions and Protective Covenants Dear Conrad: Pursuant to our telephone conversation ot yesterday and your fax, I have prepared a letter to the Cicy of Boynton Beach dealing with the unity of control issue. please forward a copy of this to Mike Haag for review and approval. It you have any questions about the foregoing, please contact me. V8~7J' ALAN PELLINGRA AP:sj Encloeu;I;"e cc: Michael Pawelzcyk, Esq_ (w/encloeure via telecopier) Mich~el A. Schroeder, Eeq. Judy Jocie, Legal Assistant (J;\7\CL~BNTS\$TILLBR\SM!TH.305 1025-005) MAR-10-'97 15:42 JD: LAt..1 OFF J CES TEL NO:407-241-0798 t:t368 P03 SCHROEDER AND LARCHE. P.A. ATTORNEYS AT LAW ONE BOCA PLACE, SUITE 319 - ATRIUM 2255 GLADES ROAD BOCA RATON, FLORIDA 33431-7383 TELECOPIER (407) 241-0798 BOCA RATON (407) 241-0300 BROWARD (305) 421-0878 BILLING NO: TELECOPIER TRANSMITTAL SHEET 1025-05 TI!ILI3COI'Y NO: (~L.l 42.~ 5012 C51-1) 3'1S~~" MIl. ~O~ SH%TH T~: FROM: MICHAEL PAWELZCYK, ESQ. ALAN PBLLINGRA, ESQ. cc= REf Boynton Common~/Declarat1on of Eas@ments, Restrictions and Protectiv@ R@strictions DATE: March 6, 1997 SPECIAL INSTRUCTIONS: Correspondence of even date along with enclosure referenced therein. TOTAL NUMBER OF PAGES INCLUDING THI S PAGE: 5 ORIGINAL TO FOLLOW; NO CONFIDENTIALITY NOTE THe INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS LEGALLY PRIVILEGiO AND CONFIDENTIAL INFORMATION INTENDED ON1.iY FOR TP.B USS OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS 'I'R1\NSMISSION IS NOT 'I'HB INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS TRANSMISSION IS. STRICTLY PJ/.OHIRT'l'RD 110' V!"ltt U"1m .."',..-..-- ---- ._. 111.-_.............. ......... i"'l~ 1..1011 Mil ifjY 111f1 TERM 10: TEL NO: MAR-Q6-'9? 14:50 ~ OF"r 1 ces P-0000 40?-241-1!f7"98 1 P STATUS DEPT CODE Cll"I. CODE 407 478 5012 0613E"~ \ NO. DATE ST. TIME 3:38 03606 1404'7 TOTAL TIME 00002'.49 ~s el5 I MAR-10-'97 15:43 ID: LAhl OFF ICES TEL NO:407-241-0798 **368 P04 , '. SCHROEDER AND LARCHE, P_ A. ATTORNEV5 AT LAW ONE BOCA PL-ACE. SUITE 319 . ATRIUM 2255 GLADES ROAD BOCA AATON, FLORIDA 33431 . 7383 MICHAEL A. !;CHROEDER VI. LAllIJl.ENCE lARCHE ., ALAN P~LINCAA. ,. BOCA RATON H071141 . 0300 IIROWARb COUNTY 19~' 421 .0818 ULECOPfEll (407I 241 - 0798 . fLOlllllA III\R BOIl~ ClIlTlrIEP 'wu ., TeIIIiTS .111 n C"iiTITl"'1 I aW'l'JP. March 6, 1997 ?? I tlrtJ,) VIA TELECOP!BR (561) 375-6011 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 \tAli (the "Shopping cen':er") at.tached hereto to Boynton BeClch Development Associat.es, a Florida general partnership (the "Responsible party"). The closing is tentatively echeduled for March 13, 19~7. In connection with the cloeins, I have prepared a Declaration of Easements, Reetrictions and Protective Covenants (the "Declaration") . The Declaration will be e;xecuted in connection with the closing and recorded in the Public Record~ of Palm Beach County, Florida. Article IX of the Declaration provides as follows: liThe Responsible Party ~hal1 maintain in good repair and condition all uti1itieal parking area~, parking epacee, driveways, accessways, rcadwaye, eidewa.1ks and walkways, exi ts and entrances, and other Common Areas located in the Shopping Center. II This Article was included in the Declaration at the request of tha Ci ty for the purpNJEl of eQtablishing unified control of the Shopping Center. The City also reque&ted that tha amendment and termination seotion of the Declaration include the following: IIIn the event this Deolaration ia terminated or modified to delete the maintenance obligations set: forth in Article IX hereof, the Reliilponliible Party shall continue to be responsible tor the maintenance of all MH!-<:- :Uj- , ':;' r' 1 ~: 44 j D: LAW OFFICES TEL NO:407-241-0798 tl368 P05 ~ March 6, 1997 Page 2 utilities, parking areas, parking spaces, driveways, accessways, roadway~, ~luewalks and walkways, entrances and other Common Areas located in the Shopping Center. II 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 th1s Declaration shall run with the Shopping center .. and inure to and tor the bene!1 t of the .. Responsible party, and its successors and assigns." r f you need any additional information or if I can be of additional assistance, please contact me. Very t~uly yours, ~fd ALAN PELLINGRA AP;sj (J:\7\C~I~S\STILLER\PA~~Y.305 1025-00') t"lAP-10-' 97 15: 45 lD: LAt..i OFF ICES TEL NO:407-241-0798 tl368 P06 EXHIBIT itA" LEGAL DESCRIPTION OF SHOPPING CENTER