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APPLICATION ':'- -'. . . ,..~ ~. .~.. jIt.: If!>ROJECT NAME: SHOPPES OF 'WJULBRIGHT - (HOME DEPOT EXPO DESIGN !"Tn..) II LOCATION: East side of S.W.8th St., between Home Depot & Industri~l Access Rd. LCOMPUTER ill: r FILE NO.: NWSP 97-024 I TYPE OF APPLICATION, II New Site Plan APPLICANT/CONTACT PERSON: OWNER: Susan Prillaman Howard Scharlin, Trustee c/o Michael Morton, The Morton Group PHONE: 770-303-1033 P~O~~ Moore Rd.,Ste. 124, Boca Raton, F . 561-392-1991 FAX: 770-303-2333 FAX: 561-750-1452 ADDRESS: Greenberg- Farrow, Inc. ADDRESS: 1755 The Exchange Atlanta, Ga. 30339 I DATE: SUBMITTAL / RESUBMITTAL 12/17/97 iSr REVIEW COMMENTS DUE: 115/98 PUBLIC NOTICE: TRC MEETING: 'tlt''-\. ~p... RESUBMITTAL DATE: 2ND REVIEW COMMENTS DUE: 1/12/98 LAND DEVELOPMENT SIGNS POSTED: PLANNING & DEVELOPMENT BOARD MEETING: 1/27/98 CITY COMMISSION MEETING: 2/17/98 COMMENTS: - 33487 S:\FORMSIPROJECT TRACKING INFO : r:J ~ V': l i' r ~ - r , OF BOYNTON BEACH, FLORIDA' - r . .0_...__....1 (_Ii ,NNING & ZONING DEPARTMENT Ul I :' SITE PLAN REVIEW APPLICATION jU L . SlrgJI NEW SITE PLANS & MAJOR M6~~FICATIONS TO EXISTlN_~~A'~E,I'i'~___'__J Application Acceptance Date: Fee Paid: Receipt Number: " , This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Department. Twelve complete, sequentially numbered arid assembled sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure. An incomplete submittal will not be processed. Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. Project Name: Home Depot Expo Design Center 2. Applicant's name (person or business entity in whose name this application is made): Home Depot USA Address: Phone: (770) 384-2691 2455 Paces Ferry Road, Bldg. C-19, Atlanta, GA 30339 (Zip Code) Fax: (770)384-2917 3. Agent's Name (person, if any, representing applicant): Susan Prillaman Michael J, Covelli Greenberg-Farrow, Inc. Caulfield & Wheeler, Inc. Address: 1755 The Exchanoe 7301A W. Palmetto Park Road Atlanta, GA 30339 #lOOA, Boca Raton, FL 33433 (Zip Code) Phone: (770) 303-1033 ~~:X Phone: (561) 392-1991 FAX: (770)303-2333 FAX: (561)750-1452 4. Property Owner's (or Trustee's) Name: Howard Scharlin, Trustee Address: c/o Michael Morton, The Morton Group 902 Clint Moore Road, Suite 124 Boca Raton, FL 33487 (lip Code) Phone: (561) 994-3133 Fax: (561) 241-0646 5. Correspondence to be mailed to agent only; if no agent, then to app!icant unless a substitute is specified below:' Agent ,l 'This is the one address to which .all agendas, letters and other materials will be mailed. 6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Contract Purchaser 7 Street address or 10caJlon 01 site: t:ast SLOe or :'. W. ~r~ll ",,,reeL JJe"Weell Home Depot all... .1nn"tr;,,1 A""""" Ro"n 8. Property Control #: 08 if3 tf5 ZCj Zt/- ~S- 0000 Legal description 0f site: See Attachment 9. Intended use(s) of site: Commercial (Retail) 10. Developer ~ttI>>r: The Morton Group 11. Architect: Greenberg-Farrow, Inc. 12. Landscape Architect: Caulfield & Wheeler, Inc. 13. Site Planner: Caulfield & Wheeler, Inc. 14. Engineer: Caulfield & Wheeler. Inc. 15. Surveyor: Avirom & Associates, Inc. 16. Traffic Engineer: MTP Group. Inc. 17. Has a site plan been previously approved by the City Commission for this property? No, only master plan. 18. Estimated construction costs of proposed improvements shown on this site plan: $4,300,000 11. SITE DATA The following information must be filled out below and must appear, where applicable, on all copies of the site plan. 1. 2. 3. 4. Land Use Cateqorv shown in the Comprehensive Plan Local Retail Commercial Zoninq District PCD Area of Site 14.62 acres 636.665 Land Use -- Acreaqe Breakdown sq. ft. Planning and Zoning Department - Rev. 3/18/97 \lCHIMAI NIS HRDA T A IPLANN I NGISHAREDlWPIFORMSIAPPSINWSPIS ITEPLAN .wPD i. Other (specify) acres Total area of site 14.62 acres . %'of site j 100 %ofsite . including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. Outparcel 3.79 Ac, Net Site Area 10.83 Ac. 5. Surface Cover ~. >' 2.48 Ac. a. Groundfloorbuildingl08,400 !i.'f. 23 %ofsite area ("building footprint") b. Water area acres % of site c. Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts. 5 . 9 acres 54. % of site d. Total irnpervious area 8.39 acres 77 % of site e. Landscaped area 0.25 acres 3 % of site inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). f. Other landscaped areas, 2. 19acres 20 % of site g. Other pervious areas, inciuding golf course, natural areas, yards, and swales, but excluding water areas 0 acres 0 % of site h. Total pervious areas 2.4 4acres 23 % of site i. Total area of site 10. 83acres 100 % of site 6. Floor Area a. Residential sq. ft. b. CommerciallOffice 108, 004sq. ft. c. IndustriallWarehouse sq. ft. d. Recreational sq. ft. e. Public/lnstitutional sq. ft. f. Other (specify) .~ sq. ft. g. Other (specify) sq. ft. h. Total floor area 108,004 sq. ft. Planning and Zoning Department - Rev 3/18/97 IICHIMAINISHRDA T A IPLANNINGISHAREDlWPIFORMSIAPPSINWSPISITEPLAN. WPD Number of Residential Dw~ . Units a. Single-family detached sq. ft. b. Duplex sq. ft. c. Multi-Family (3 + attached dwelling units) (1) Efficiency dwelling units (2) 1 Bedroom dwelling units (3) 2 Bedroom dwelling units (4) 3+ Bedroom dwelling units d. Total multi-family dwelling units e. Total number of dwelling units 8. Gross Density dwelling units per acre 9. Maximum heiqht of structures on site 45 feet one stories 10. Required off-street oarkinq a. Calculation of required b. number of off-street parking spaces @ 1 space/200 s.f. 540 spaces Off-street parking spaces provided on site plan 545 .' Planning and Zoning Department - Rev. 3/18197 IICHIMAINIS H RDI\ T A IPLANN INGISHAREDlWPIFORMSIAPPSINWSPIS ITEPLAN WPD HOME DEPOT / EXf BO_ _ON BEACH, FLORIDA LANO DESCF.'IF'TlON: Trod "C,<;HOPPe5 OF WOOLBRIGHT PCO., Part of WOOLBRIGHT PLACe, P.U.O., beinQ a replot of u portion of LAKe BOYNTON eSTA TeS PLA T 3 situated in Section ::9, Township 45 South, Range 43 cast, City of Boynton Beach, Palm Bpach County, Florida, according to the Plot thereof recorded in Plat, B';101< 65, Pages 1.37 and 138, Public Records of Palm Beach County, Floridd, LeSS AND eXCeP T the following described' Parcel A parcel of lone! lying with Tract "C' according to said Plot more particularly described os follows: BeGIN ut the Southeast corner of said Tract ''e''; thence South 88 degrees 25 minutes 44 seconds West, a distance of 50. 00 feet; thence North 07 degrees 34 minutes 16 seconds West. 0 distance of 2. 95 feet; thence South 89 degrees 50 minutes 25 seconds West along a South line of said Tract "C', a distance of 467. 4 7 feet; thence North 00 degrees 09 minutes 35 seconds West, 0 distance of 47.67 feet, thence North 89 degrees 50 mmutes 25 seconds East along 0 line 47. 67 feet North of (os measured at righ t angles) and parallel with the South line of said Tract "C', a distance of 516.25 feet; thence South 07 degrees 34 minutes 16 seconds cast, a distance of 49.40 feet to the POINT OF BeGINNING. Containing 0.511 acres more or less. TOGETHER WITf/. A portIOn of Tract "A" (also known as: Morton's Way), WOOLBRIGHT PLACe PLA T 7, accordmg to the Plat thereof as recorded in Plat Book 67, Pages 47 through 49, of the Public Records of Palm Beach County, Florida, more particularly described as follows: COMMENCING at the Southeast corner of said Twct "C; thence NOl '34 '16"W, 57797 feet .-/0 the Northeast corner of said Tract "e", and the POINT OF BEGINNING, thence S88'26'13"W, along the North boundary of said Tract "c, 1 f25 37 feet to 0 poin t on the cost boundary of Tract "A ", (also known os' S. W 8th Street), SHOPPeS OF WOOLBRIGHT P.C.O., according to the Plot thereof os recorded in Plot Book 65, Pages 137 and 138, Public Records of Palm Beach County, Florida; thence S37'35'20"W, along said cost boundary, 46.53 feet to 0 point on the arc of a non-tangent curve, concave to the Northeast, (radial line to said point bears S76'44 '26 ''W); thence Northwesterly along the arc of said curve, having 0 rodius of 1438.26 feet, o central angle of 07'13'04" and on arc distance of 30.57 feet; thence N37'35'20"e, 46.53 feet to 0 point on 0 line 30.00 feet North of and rarallel with the North boundary of said Tract "E"; thence N88'26'1.3"E, along said parallel line, 1131.24 feet to a point on the East boundary of said Tract "A"; thence SOJ'34'76"e, along said cast boundary, 30.00 feet to Ihp POINT OF BEGINNING. . Saiel lands Iymg and situate in the City of Boynton Beach, Palm Beach County, Flnrie/a, contaming 636,665 square feet, 14.676 acres, more or less. III. CERTIFICATION (I) (We) understand that this !lpplication and all papers and plans submitted herewith become a part of the perma t r Ords of the Planning and Zoning Department (I) (We) hereby certify th?t the above st n and any statements or showings in any papers or plans submitted herewith are true he s of (my) (our) knowledge and belief. This application will not be accepted unless signe acco 'to e instructions below. /~j'1 1; ;- Date' 'I re of Owner(s) or rustee, of A . rized Principal if property is owned corporation or other business entity. IV. AUTHORI~GEN~ n f'r0' ~oO,., Signature of Authorized Agent , " - Gffi ( #-/7- 1'1 \).. -I ') -'1 '1 Date (I) (We) hereby cis. application. // e above signed person as (my) (our) authorized agent in regard to this /~hl Date SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule: Date Received Technical Review Committee Planning & Development Board Community Appearance Board City Commission Date Date Date Date Stipulations of Final Approval: Other Government AgencieslPersons to be contacted: Additional Remarks: Planning and Zoning Department - Rev. 3/18/97 \\CH\MAINISHROA T A IPLANNINGlSHAREDlWPIFORMSIAPPSINWSP\SITEPLAN.WPD ,ER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by tho;! City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and dther data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this day of ,19--, Witness Applicant Witness Planning and Zoning Department - Rev. 3/18/97 \\CH\MAIN\SHRDA T A \PLANNING\SHAREDlWPIFORMSIAPPSINWSP\SITEPLAN. WPD Joint Pylon Interstate 95 b , b ~ I I <l: o b , b co 10 J" 10'-0" OUTPARCEL b , 10 ..I,.C..t.r .. ...... ...... ......... TENANT OUTPARCEL b , 10 I roJ rn @ rn 0 \I7~rn! W DEe 71997 :W PLANNING AND ZONING DEPT. Client The Home Depot Location Boynton Beach, FL Date of Design 12/1L/97 Design Number THD2206.CDR Revision Number THD2206a.CDR Rnision Date(s) 12/12/97 COLLINS SIGNS CII 4255 Napier Field Road Dothan,Alabama 36303 334.983-8000 Telephone 334.983-1379 Fax fh,.~onor'll"\.'~;dlllIlNl<1d_"llc.""U"" hyC"'''nsSlgM.'ne "i...-itt6dforlO'J petSOMJUM.'nOOlY'loOOt""'.......or"loct"". Ing plamedfo<yw. ~,,""''''l>esl'iow"110 ""'Y"""CXJlSd."lL'''lJBf1ilBliM'''''''"~tol>e uo8d,roproej,.".d,C<lp.8<lor_n_ lash.cn"'thcul""'n""<:<:f\!IIlntofcoI.....Signs IllC,Thspropos"'''''".....~''''''l.lsMl"ap. LlrIyOTCilllins5tgns,lncl.\U.~_1lnLl OC<:OptOOTtwur:u<:MO/ltlyThlCIMlrll>/'L"llld _. '- VJ G irr B u ~ ~ > Z ;: c( a. ~ I 0 <( U Cl U a: ... 9 u.. 0 J: () ;: a. U5 co 1&1 z 2 Q z b() >- 0 1&1 co ... I 0 fIJ I c( ~ ~ CAULFIELD & WHEELF~ 'NC. A. ~ 7301A West Palmetto Park. f61.~ SUite IOOA Boca Raton, Florida 334"3 (561) 392-1991 TO C4!f$,~m.m~P{t!- ~.l tu/ff;'-PlCZ;;J/J/17'l Z-r:r-/t;C/~.. WE ARE SENOING YOU D Attached o Under separate cover via > o Shop drawings o Prints o Plans o Copy of letter o Change order o [1rnuurnlK :? u~[?IJ@~Duu&[1 atV//~/' DATE /-11-91 I JOB NOJ317 ATTENT1~ 0. . ~?#/) 6" /?7. '// AE: , Uj/O ck//,?71 eh . the following items: o Samples o Specifications COPIES DATE NO. DESCRIPTION I \ t?c/#l/' bc7t1 rc;/ ) firi/. j/ pJ-/k7~ 11"1.0 THESE ARE TRANSMITTED as checked below: o For approval 0 Approved as submitted ~"''""'"'' 0 Approved as noted > o As requested 0 Returned for corrections D For review and comment 0 o FOR BIDS DUE 19~ REMARKS o Resubmit copies for approval o Submit copies for distribution o Return corrected prints COPY TO If enclosures are not as noted, kindly notify us at once. SIGNED: L o PRINTS RETURNED AFTER LOAN TO US . I-"'" · tJ'I ~ -.6 ?r,- ~~ '&~ ,.... n ~ ~ 1;\"Q ~ (T) t.$r ~~ ~ ..... ~1i:J ~ '8 ~ ~ o .;.. " ~. ~ /~ ~ ~ \ ';l;> ~ SF. ..<.() 8~ g~ ~~ IO~~ o z \t VJ~ ~ TJj tri % ~, G :::l;. ... ';:) (JQ TJj ~. ~ ~ ~ .- t-.> ~ g ~ - ~ ~ ~ ~'"d ~8 ~;a ~B ~o:i o~ .~o i~ ~b ~.~ ~\ o ~ tJ'I -.6 ~ o p. ~ 'lI.'ilIl~~\lllg. 1oI0'll.~l'i1l ~- z~ ~~ r.flr.fl ~if; 'e~ ~O ~~ Q~ r.fltJ'l rf).o ~~ z~g ~ ~ ~ ~ 1 L6 '91~ '.{~,I.Y..!-:--- '.-:~',"'~, ,.1,... '. ':~:>~f~'~:~~: - '~':.~-::.,~.h ~.- ;~~(' -~.';. "~~". ~.:;;,:, ~~ .<Jt.<', ~,l ~tl .'~~.) "......"j l';:f.;i~;~" .(:t'm ,;}....,;.:.i /!~~~~ >. ", , ,.-' , I ,., r.. ,,,.p....~ ~. Po,C. ~~t: :~.~~ &"4" ~'f;:; ~~J '?<ir ~,,: "':;" ,:.",.'.. of I"" "',rJ.. ,;..,,..', ~ '.~ :~~; '?;i "1:; .':-A~ :37-':", 14, rt~~~~ !iV, , . ';oi! <~:I :.~~~..: ~;i ""'.., ~~'~I , .~. r~;r! -_.~~ ~ .t~. :',.T-- .. .. ,"".' .-{.i\'" . _: '.;';f'- _;'1 ~::;a;: .:llW ::~l'."",,"t~.~.~~!, ..~,7.. i-"'-' . ~ :~~ -. ,",,' ~. C',," ".. PO Bo. tm. ~t Gu~ Club R.",J . \\,;:~ Palm Beach. Fl3.)4I~46llJ . (<KIn MS.&D). fl WATS 1.aD.4.i2.2045 January 26, 1990 Tradewinds Development Corpora,ion 902 Clint Moore Road, Suite 124 Boca Raton, Florida 334B9 Dear Sir or Madam: Subject: Application No. B91122.17, Woolbrl9ht Place P.U.D. Palm Beach County, S29/T45E/R43E Enclosed Is a copy of this District's staff report covering the permit application referenced therein. It Is requested that you read this staff report thoroughly )r~ understand Its contents. The recol1lllendations as stated in the staff report will .a presented to our Governing Board for consideration on February IS, 1990. Should you wish to object to the staff recOllllllendatlon or file a petition, please provide written objections, petitions and/or waivers (refer to the attached "Notice of Rights") to: Vern Kaiser, Deputy Clerk South Florida Water Management District Post Office Box 24680 West Palm Beach, Florida 33416-46BO The "Notice of Rights" addresses the procedures to be followed If you desire a public hearing or other review of the proposed agency actlo~. You are advised, however, to be prepared to defend your position regarding the permit application when It Is considered by the Governing Board for final agency action, even if you agree with the staff recommendation, as the Governing Board may take final agency action which differs materially fr~ the proposed agency action. Please contact the District If you have any questions concerning this matter. If we do not hear fr~ you prior to the date on the "Notice of Rights', we will assume you concur with our recommendations. CERTIFICATE OF SERVICE I HEREBY CERTIFY <hat a .Notlce of Rights' has been mailed to the addressee and the persons listed ;. the attached distribution list not liter than 5:00 p.m. this 26th day of January 1.90, In accordance with Section 120.60 (3), Florida Statutes. Sincerely, ~ ~\,....-- , Jeanne Ha 11 01 rector Regulitlon Department ~ CERTIFIED HAIL 'P 391 129 483 RETURN RECEIPT REQUESTED JIl:pb (~.....,iJoM;;t "t!".... t Gunorr eMI"""," fon,~ o.a.-- A .1--. VICC' (~........." Key 81K"'>IW .,lDYortL Pa1mCIly KIl'I'l .\d",mt. W.., P.lm Beadl \ .Iotrw Bo,-d '04pW" .J.-..n f_ .....11 fon ulKXrd&Je .10M R. Wodruka. u.nn- Oirector Tilford C. CI'ftl Depury UKUIIYC O\t'K1Or Thotnu.K. M.cVIcl,r. ~ f.ucyuw Ot~ .\"'"1O,,",1lI,," "'l4ml "'nu5t.:in B..llet.J.W.. \\lh 5wou1. Wll'llkrnw~ ", .'- " .\ " ~~~~~. ~~I'" .);..:/ .~ .;:c-': i;-~ :~:/:'.~; ~,\.' ~-,~~.(~ ~~.~~. -.~ ~"A ~i:' ,:,.,"-:..' ~~~i~l ;~{"-. ! ". '~i ,.", ~:t(.~.; ~ '.'. . %'::,! . ....~ ~'- . , ':"::-.' ~{;~~.: r. ~~ ''-;-(.-. ;.;,. ':"""'1 ~-' ..::'." ~.-~ I '~"'I .. .. ~)J .:-;<:;~"'f:~ ....., :tr'll Jl '~J :~~~~ -.". J .~.t..v :. .: I ' . -~~---- . .. 4OE-1.S21 Initiatl, of Formal Proceedings 0 (1) Initiation of formal pcoc:MClingo shall be made by l*ition to u.. District. TNterm petition ..U<A<I hM.;n indudft Mty appIiation 01: other docum_ which _ a ~ fOo' formal pcoc:Hdings. E<<Il \Mtition "'auld::" ' print-.!, typoowrittan QI ~ duplicated in lt9ibl. form on whilA paPAl' 01: stand..-cI '. sin. Unl." printed, the imprftSion shall ba on ana sida of u.. pAl*' only 0lI1:l Ii_ shill ba cIoublHjlXIO .nd incMntacf. (2 All petitions filad und<< thoM rul.. "'-II contain: (al TN ".". and addrfts of u.. District and the DisVlct'. fil. 01 idamifiatioll numlMt, if known; lbl TN _and addmsof the petitiOMfQl pdt;onIn; (c) An ..pl_tion of how..rn petitiOMl"uubslantial inurasu will... affKted by the District', dAtannin.ation; (et) It. SIa~ of __ and how petitiOMf ___ noti.. of u.. District'. dacision 01 intent to rend.r dftnion; (e) It. _ of all di1puted _ of maWrial fACt-if tIwe are none. u.. petition must $0 indiate; If) It. conciw _ of tIM ultimato factS ...ruch l*itioner beli.... entitle petitiOMf to u.. ""i.f sought as _I.. u.. rul.. and _wI>i<h su~petiti.........daim fot ""iof; (g) It. demand fQl u.. ""* to which the petiti...... deetM hi.....f enti1led; and (h) Otheo. iftfomIation whkIt the I*iti...... contends i. maWrial. (3) Upon receipt of a petition fQl form~ ;on>cHdino<. u.. ~.nct "'-II revi_ the petition fOl ~~ deg'" of camPi..... with ...bMction l2land INII accept those l*itiom in subSlan1ial complianc. therewith which r-. bMntimoly filA'lendwhichSla,udi'PUtewl>i<h is within the juri<diction of the District to""""'. If ACCeptod,lhe DistrictsNll ~ the pre<icling ottic... The DiItrict "'-II promptly give written noliceto all patti.. of tIM action Uk... on the petition. and shall ~ with partKul.my ie rasons to...."". (4) IftheDishict~ ~ AeeringOffi_lISignedbytheDi-Mionof~ Heari'9'" the ptftiding of!l<ot, the Oiftrict an -. totw_ the petition or..: all ....terial< filed with tile DiItrict to the Oiomion of Administrauv. _ngs. and shall notify all parti.. of its Action. Specific Au<IIority 373.ll44, 371 t t 3 F.!>. Ww Implemented 120.53(11, t2O.57 F.!>. Histoty- _ ~3-II. Fotmet1y 16K-1.09(11. 16lC.U 12(1) thr<lugt\13I. 16K.l.12 '. .' .' . DRAFT :Subject to Governing , Board Approval e LAST DATE FOR GOVERNING BOARD ACTION: April 12, 1990 SURFACE WATER KANAGEMENT STAFF REVIEW SUMMARY APPLICATION NO.: 891IZZ-17 PROJECT NAME: Woolbright Plac~ P.U.D. LOCATION: Boynton 8each, Palm Beach County, SZ9/T45S/R43E APPLICANTS NAME AND ADDRESS: Tradevinds Development Corporation 902 Clint Moore Ro.~, Suite 124 Boca Raton, FL 334a~ DW!lER: SUM! DEVELOPER: Same ENGINEER: Stanley Consultants, Inc. REV I EllER RATING OF PROJECT DESIGN 1. Suitability of land for proposed use C9O?D)FAIR POOR 2. Water quantity Impacts C~O) FAIR POOR J. Water quality Impacts Goo0 FAIR POOR 4. Environmental Impacts GOOD @)POOR 5. W.ter conservation GOOD @)POOR 6. Fl ood protect I on @) FAIR POOR 7. Relief from rainstorm inconvenience G~D ) FAIR POOR 8. System maintainability GOOD @)POOR 9. Overall use of land with respect G.ooD FAIR POOR to water r~source IO.Water management system with ~ FAIR POOR respect to feasible alternatives -- ~ ,-'. _& ."" ~ . NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE NOT SIGNIFICANT NOT APPLICABLE NOT APPLICABLE NOT APPL !CABLE NOT APPLICABLE NOT APPLI CABl E NOT APPLICABLE , '. ~ -~z. ~~ ;~~ .~.:A}~ ....r,I.--t~1. ;:'Ji2'';;~.h ,,' ..;>;. :";~;:J ~.':", ~~+- ~-.,~ ~'~';_'J "Fr" ~.::';:"'.;.~~'.'.' ~.. 11;~ ~lk!~ ~.c,~' ~~,.~!. r:~' ..~~ '~-'-J .~_..-' ~~:~.; ~{ ~~:~:~ ~ "'i<t. . ;~:; ~i,;; r~~~ i"~i!> ~~:~jJ !J.~:I ~;~i~4 e.~,...r ~~~~. ~.:J1 ~ii~: "-!C.r;r. f~~~-.L:: ""~r;.. ~';~.j ~~.t:~\f~ ~ "...-.....-.. ~fI!t~;:: ~~~~~tll '~'~,".~ .....'.. i".-...;. .' .,;.J~~." "1:-: ~ .. ,..... ;;"~"'~ ~$~1 ~~;;~~- ~r., , - ....: ~::~; -: .iOO'....,~ ...: . ..;,~i'~. " . SURFACE \lATER IWIAGDlOO EVAlUATlOII APPLICATION NUMBER 891122-17 DATE Januarv 18. 1990 PROJECT NAME: Woolbrioht Place P.U.D. lOCATION: Bovnton Beach. Palm Beach COUNTY SECTION -Zi-, TOWNSHIP ~ SOUTH, ~~GE ~ EAST PROJECT AREA 115.3 ACRES DRAINAGE AREA 115.3. ACRES FACILITIES: I. EXISTING: The existing site contains three abandoned houses and two small lakes. The are currently no existing drainage facilities to ierve the existing developlllent. 2. PROPOSED: brassed swales, inlets and culverts w!ll direct runoff into 5.3 acres of lake. Although the project Is designed as a single drainage basin, the project consists of two distinctly different develop~nt areas. The first is a 32-acre co=merclal area located In the southern portion of the project. The second area consists of 83.3 acres of residential develooment in the northern portion of the development. Discharge froa the project is through 1-0.7' wide weir with a crest at elevation 12.6' NGYD, 1-1.0' high by 0.5' wIde inverted triangular orifice ~Ith an in~ert at .levatlon 9.0' NGYO and 55 LF of 30' diameter CHP culvert into the Lake Worth Drainage District ~lWOD) E-4 Canal. ftlASE 1 COIISTRUCTIOII: Phase I (16.0 acres, see Exhibits 3 and 4) will consist of the excavation of the 5.3-acre lake, the master control structure, 1-0.22-acre dry detention area and associated structure, 2.4 acres of building and 6.0 acres of roadway/parking area and associated ~emporary ditches. Runoff froll Phase 1 will be dlrecte<linto the dry detention area which will be equipped with a water quality control structure. The structure serving the dry detention area will consist of 1-0.3' high by 0.3' wide Inverte<l triangular orifice with an invert at elevation 9.0' NGYO and a grate at elevation 12.5' NGVD (S~e Exhibit 3). The structure will discharge Into temporary swales which will direct runoff into the 5.3-acre lake which in turn discharges through the master control structure Into the LWDD E-4 Canal. Phase 1 clearing and grading will consist of a total of 52.2 acres (see Exhibit 3A) for lake excavation, building and parking construction, utilities, drainage conveyance, etc. DRAINAGE BASIN ....t..:ll.. RUII OFF fORMULA 70 CSH RECEIVING BODY ~S via the lWOD E-4 Canal AllOllABlE DISCHARGE...ll.. CFS 1 ~".:.:'..' .~J,~~"'.. .:-- ~..t " . . FlOOll COHTOUIlS REQUIRED DETENTION...ll..1... AC-F1 DETENTION METHOD On-site lakes and Drv Detention Areas DETENTION PROVIDED..lZ...L AC-F1 FLOOD PROTECTION lOCAL ROAD CRITERIA FLOOD COIHOUR MINIMUM ROAD GRADE PARKING lOT CQITERIA flOOD COIlTCUR MINIMUM PARKING lOT GRADE BASIN DESIGN FREQUENCY FLOOD CONTOUR DESIGN DISCHARGE 100 YEAP FLOOD 'FlOOll CONTOUR MINI~ FLOOR ELEVATION fIA FLOOD ELEVATION --L YEAR, -Z1- HOUR ST::RK ...ll..L FEET NGVD ...ll..L FEET NGVD --L YEAR, -L HOUR STORK * FEET NGVD ----.- FEET NGVD ---ZL YEAR, ..lL HOUR STORK ~ FE~ NGVD --1L CFS ~ FEET NGVD ~ FEET NGVD ...l!LA... FEET NGV!> * The parking lot flo:d contour and devatlon will be determined upon application for construction and operation of the office park phase of this project. VATER QUAlITY A. ADVERSE IMPACTS EXPECTED: 00 B. BEST IWIAGEMENT PRACTICES UTILIZED: For water qual ;ty PUI'?OSeS, the project has been divided into two land use areas. The first, cOmm(I'cial, consists of 3Z acres in the southern end of the project. The overall igpervious coverage in the comer=lal area has been assumed to be 74" (7.34 ac:-e; of building a.,d 16.35 acres of pavement). Water quality calculations ar9 based on 1.8S" over the cOlllllercial area. Dry pretreatment equal to l/Z' over t;,e cOlTl11ercial area (1.4 acre-feet) is being provided prior to discharge Into the master surface water management system. Phase 1 and the area indicated as future commercial on Exhibit 3 will utiliz~ two dry detention areas totaling 0.6 acre (see Exhibits Z and 3 for locations). The office park located in the southwest corner of the cOlll1ll!rclal area wiP utilize exfilt,ation trench to provide dry pretreatment prior to discharge into the master water management system. Water quality treatment In excess of the first Inch of runoff viII be provided for the northern portion of the project (83.3 acres) within the S.3-acre lake. Water quality for Phase 1 will be provided In the dry detention ar9a and the lake In excess of Z.S" times the percentage of impervious. z ~ ",.- " " . EIlYJROllIlElfTAl A. SIGHIFICAHT ADVERSE IMPACTS EXPECTED: NO B. cat4ENTS: Tna project site consists of an upland cQIIIIIUnlty Clllllposed of xeric oak and sand pine. A sizeable gopher tortoise population has been Identified on the property. The applicant Is In the process of relocating the animals to a preserve area In Deerfleld beach. The applicant has stated that they are conrdlnatlng with the Florida Ga.e and Fresh Water Fish Comalsslon regarding any endangered, threatened or species of special concern. The site has been exempted f~ the county's EnYlronmentally Sensitlye Lands Ordinance. Ho wetlands have been Identlflad on the property. Adverse environmental Impacts to the water resources of the District are not expected as a result of thp proposed works. UIIl USE PRESENT ZONIHG F.U.D., ALLOWED DENSITY -HLA- DU/A PROPOSED USE Commercial/Residential ,PROPOSED DEHSITY -HLA- OU/A t.:lIPATlBLE: ns AIlOITIOIlAl CQwIEJrTS: The follOWing iSsUlllptlons were made for the project: The lake stores vertically over 5.3 acres from elevation 9.0' HGVD. Lake side slopes store lln~arly over 1.1 acres f~ elevation 9.0' HGVD to elevation 12.5' HGYD. The dry detention areas provide vertical storage over 0.38 acre fTOOl eleyatlon 10.0' HGYD. The dry detention area side slopes provide linear storage over 0.21 acre from elevation 10.0' HGYD to elevation 12.5' HGYD. Roads and pavement store linearly over 28.63 acres from elevation 14.0' HGVD to eleyatlon 15.5' HGVD. Eighth Street proylded linear storage over 4.62 acres from elevation 14.0' HGYD to elevation 15.5' HGVD. Pervious/recreation/open areas store linearly over 59.21 acres from elevation 14,0' HGVD to elevation 15.5' HGVD. 15.61 acre~ of building area do not provide storage. 3 " '.;,;,'~~~~1:,;-.', :;<~~... ...~~~~~rt..,. 'I,~;r;~ ~ ';:~~~~f' .;% ",-.;::;',:...- .... . APPlICABLE lAIIl AREA Proiect Total 115.3 acres; Vater Minagelent lakes 5.3 acres; Dry Detenti on 0.6 acres; ufn. Trench 352 IF; IlIPervlous 48.9 acres; Dwelling 520 units; Commercial/Industrial 319.700 sq ft: Church n.500 sq ft: Open 60.4 aeras; e Phase Construction ~acres ....2..L acres -2..l... acres --2.... IF ~ acres --2.... units 102.400 sq ft --0.. sq ft -Z.L acres * Includes clearing of an additional 36.2 acres of the project area. location: West of 1-95, north of Woolbright Road, and east of the lVDO E-4 Canal. County: Pal. Beach City: Boynton Beach Special District: lake Worth Drainage District SFWHD Basin: C-15 Operation Entity: Woolbright Place Haster Association, Inc. Tlle Staff rec,'l'lnds that the following be issued: ______Ceneral Per.it --1--Constructlon and Operation Permit for Phase 1 /16.0 acres) ______Construction Permit Operation Permit --1--letter of Conceptual Approval for remaining 99.3 acres ______Right-of-Way Occupancy Permit 4 . -~ .~:~~ ':.: : J.~:;~~ :. ". ,~ . -'.- .c......:~ ' G o APPLICATION REVIEWER: SUPERVISOR/CHECKER: TECHNICAL: WATER QUALITY: ENVIRONMENTAL: S. McHabb S. /lcHabb ~ss ~. Hiscock J. Mars~all S. ~rado... MAJOR RESOL VEl: Iione SECONCARY ISSUES RESOLVED: Gopher Tortoises Based on the Infonaatlon provided, District rules have been adhered to, SECTION SUPERVISOR: E -yY) mu4 . nl . Hiscoe. .1. u~erYlslng Professional Staff recoanendatlon 15 for approval subject to the following 12 Standard U:altlng and .....lL. Special Conditions (for conceptual approvals only, these conditions as a :alnlaum wi apply to subsequent construction permitting). DATE:~~ DIVISION APPROVAL: DRAFT Subject to Governing Board Approval 5 , .~ .~., , ,~- ~- .'"... ~. ,.. .ft\. o o . UtllTINa CONl:unOHI t. TH( PlAIr.llnEE SHALL PROSECUTI THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE AH't ACYlASE "'ACT Of THi WORKS ON FISH. WlUX.I'L NATURAL ENVIRONMENTAL ,;'ALUES. AHO WATlA OUAUTY TH' PlRUITTII SHAU INSTlTUTI! NECESSARY Ir,IUSURES DURINQ "... CONSTRUCTION PERIOD. INO.UOIHG FUU COUPACT10N 0' ANY FILl. MATERIAL "",CEO AROUND NEWl Y INSTALl.ED ST'RUC r'JAE5. TO REDUCE 1II0SlON. TURBIDITY. NuTRIENT LOAOINO AHO SEDIUiNT A TION IN THE RECEIVING WA TEJt!L Z. WATER QUALITY DATA FOR 1HI WATER OI$CHARCiiEO FRO'ILI THE PlRUlnECS PROPIJIITY OR INTO SURFACE WATERS 0' THE STATE SkALL 81 sueulnlO TO Tl-tl DISTRICT AS REOUIAID PARAUITIRS TO II MONITOAID YAY INCLUDE THOSE l.1$TEO IN CHAPTER 17.;1. I' WATER C-UALJT'V DATA IS PEOUIAIO. THI ""Mlnll SHALl. PlllQVIOI DATA AS REQUIRED. ON VOLU;",IES 0' WATEr! DISCHARGED.INCLUDINQ TOTAL vOt.UUI DISCHARGED DuRINQ THI DAYS OF !SAMP\.INQ AHD rOTAL MONTMl.. Y DISCHARGES FADM THE PAOP!ATY OfIIINTO SUR'ACI WATERS 0' THE STATt. 3. THI PP1UITTEI SHALL ca...p\." WITH AU APP\.tCABLE LOCAL SUIIDMSlON REGULATIONS AND OTHER LOCAL AIOUIADlINTS.. IN ADDmON ""1 IIIR"'ITTtE SH"'L 08TAIN ALL NICES$MY 'EDEAAL.. STATL LOCAL AHD utCIA&. DISTJlIICT AUTHO'UZA TIONS PAlO" TO THI STAAT 0' ANY CONSTRUCTION OR.... TERAnCH 0' WORKS AUTHOfUZED IIY THIS nR..,T .. THIO..EAATION PHASE 0' THISPf.A..IT SHALL NOT IEeo.... EFfECTIVI UNTIL A 'LOAIOA AIOISTIRIO ...o'ISS1ONAL EHQINUA t:ERTlFIU THAT ~ 'ACIUTIE5 HAVIIIIN CONSTRUCT(O IN ACCORDANCE 'NtTH TH. DESIGN A'"'OVEO IY THI DISTRICT WITHIN:SO OA VS A"EA! CO"P\.rTION 0' CONSTRUCTION (j' THI SUA'ACa WATtR UANAGi"INT SYSTDI. THE ,p...""EI SHALL SUBUIT THI CUfTIPICATIQH AND NOTIN THE OIST'UCT TMA T THI 'AGILITIES AAI AIAOY 'Oil' INSPICTION AND A....ROVAL. UIPON A..'flIQVAL 0' THI COUf'1.ITID SURF ACI WATER .....NAOI...HT SYS TE.... THE PIAUITTEI SHALL RlQUE3T TUNSFER Q' THI ""....T TO THI AE5"ON$lll.I ENTlTY ~VIQ IV THI DISTRICT s. ~ ROAOSSHAU BI SIT AT OR ABOvE EUVAnQNS REQUIAED BV THI APPUCAaLI L()C.\l, GOVlI'NMlNT 11.000 CAITIAIA. .. ~ BUILDING FLOOAS SHAU II UT AT OR AIOVt: lLEYATION$ ACC9TAaLa TO. THI APPUCAaLI LOCAl. CIOVIllHMCNT 7. O".SlTI DlSCHARGU CUA1HO COHSTJIIUCT1ON AHO OIVUO....INT SHALL .. MAOI ONLY ........oUGH Tl-tl 'ACILITIES AuTHOAIZID IV THIS "IIIIMIT NO AOADWAV OIllIUILDINQ CONSTRUCTION SHALL CO.....ENCE O"'SITI UNTIL COUP\.ITION 0' THI ''''MITTIO OISCHA"OE STRUCTUIIII AND DITINTION AR....S WA TIEA DISCHAIIGm ~u THI PAOJICT SHALJ. sa THrROUGH STR\JCTUIIIlU HAVlNQ A ...otAH1$U SUITAaLI 'OA RIGut..ATINQ UPSTREAM WATER STAQU. STAGaS WAY II SIJ&.IICTTO C)PPAT1NG SOtIDULlS SATlSFACTO"" TO THI DISTAtCT. L NO CONSTIlU<:T1ON .UTHOtIIZID HIIlIIN IIHALI. COUUINaUNT1U~1VONSI1U INT1TY ac;cur....E TOTHE OISTlIICTHAS IU" IST.auSHIOAHO....ACllOUOTO 0l'IIIA TlAHO .......,...... T><IIHTITY MUST II 'AOVIOIO WITH SU"ICIIHT OWNIRIHI' 10 THAT IT HAS CONTROL 0'11111 ALL WATIRMANAQIMINT 'ACIUTII. AuTHO'UZED HI"IIN. UItON "ICIIPT 0' WA'TTIN I'VIOINCI 0' THI SATISFACTION 0' THIS CONOITION. THa OISTIUCT WILL lSIUI 1M AUTHQllllZATlOH TO C~- INCa CCHI'T'NJCTK)H. t. 1M'""",T OOD NOT COHVI't TO na: NJUIrnII .."., ~ 11" "tOHT NOIIII AH't RtGHTS OR "'IVILlGU OTHIIl THAN THOS& _Cl1IIO INTHI_ AHO Q1WWl ~,N;. '0 THI .......TTlI SHAu. HOlD _ lAW T><l CONSTIlUCTIOH. _~ IWNTINANCa 011 usa 00 ANY 'ACIUTY AUTHOlIIZID IY T><I_. 1'. THI' 'I"UIT IS ISSIIEO ......0 ON THI AJtP\.IC-'NTS SU.YITTIO IN'O"MATlON WHICH ..USONA....Y O_TllATIS THAT AllVIIlU 0fP.8ITI WATIll ~1SOUlIC. ~Il.ATID ,"ACTS ~ NOT'" CAUSIO IY THI COIolPUTlD _ ACTMTY.IT 18A&.1OT><I...-nu TO"""" THAT AOvIllSI QfP-SITI W'TlIl oaoo oM:aMLATII) _ACTS DO NOT OCCUIIllUMG CQNSTIIUCT1ON. 1%. "'lOR TO DI'A"A1"IJm;Q. ~ ~ .. sueMITTID TO ~ DlS"I'1IttCT POflI Al'f/lfllltNAI.. JMlQMIA110N SMAU. INCI.UOft AS A 1IIN1UU11: ...... S&ZIS. LOCATIONS ANa HQUIIIS 011 QNMTJON lIOR UCH .......... I' OW.Sln DIS04"M1II' PAOPOSIO. OAon..&IT'IAOYPSIIMPACTSAI41 MOINT.AH INOMOUAI. WAT'IJIt USI.....T....l' H ~IOU"'ID. T><I"-TTU " CAUT10NIIl THAT UV...... _YAY ..IISOUIRIO POll COHSI_T1OH OP THI WAnR us. ~T UflUCATJOC'l 6 -.-. I :~.. )~:;~- -.' '. . ;,... ,~.' . :,...."fr~~~.~:~A~t~l... . . '~~..?1~~~~1~~~~L,~,. ".'~~ o 0 SPECIAL CONDITIONS I. ~iNIMUM 8UILDING FLOOR ELEVATION 16.0 FEET NGVD. 2. MINIMUM ROAD CROWN ELEVATION 13.6 FEET NGVD. 3. DISCHARGE FACILITIES: 1-0.7' WIDE WEIR WITH A CREST AT ELEVATION 12.6' NGVD, 1-1.0' HIGH BY 0.5' HIGH INVERTED TRIANGULAR ORIFICE WITH AN INVERT AT ELEVATION 9.0' NGVD AND 55 LF OF 30' DIAMETER CMP CULVERT. RECEIVING VATER: C-1S CANAL VIA THE LWOO E-4 CANAL. DESCRIPTION: CONTROL ELEVATION: 9.0 FEET NGVD. 4. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION OR SHOALING PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. S. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 6. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE VATER MANAGEMENT SYSTEM. 7. THE DISTRICT RESERVES THE RIG:' TO REQUIRE THAT WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO TH< DRAINAGE SYSTEM I F SUCH MEASURES ARE SHOl/N TO BE NECESSARY, 8. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF THE WOOL~RIGHT PLACE HASTER ASSOCIATION. INC. THE PERMITTEE SHALL SUBMIT A COP., OF THE RECORDED DEED RESTRICTIONS, A COPY OF THE FILED ARTICLES OF INCORPORATION, AND A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE HOM€(~ERS ASSOCIATION, WHEN AVAILABLE. 9. THE PERMITTEE SHALL PROVIDE TO THIS DISTRICT DOCUMENTATION OF LAKE WORTH DRAINAGE DISTRICT WHEM AVAILABLE. 10. lAKE SIDE SLOPES SHALL BE 4:1 (HORIZOHTAL:VERTICAL) TO A DEPTH OF lWO FEET BELOW THE CONTROL ElEVATION. SIDE SLOPES SHALL BE NURTURED OR PlANTED FROM 2 FEET BELOW TO 1 FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. 11. PRIOR TO THE INITIATION OF AMY WITHDRAWAL OF WATER (IRRIGATIOH, DEllATERING. PUBLIC VATER SUPPLY, ETC,), IT WIll BE NECESSARY TO APPLY FOR A WATER USE PERMIT. THE PERMITTEE IS CAUTIONED THAT A MINIO OF 90 DAYS IS REQUIRED FOR CDHSIDERATIOH OF THE WATER USE PERMIT APPLICATION. THE PERMITTEE IS CAUTIDHm THAT THE ISSUANCE OF A SURFACE WATER MANAGEMENT PERMIT SHAll NOT BE CONSTRUED TO BE A GUARANTEE THAT WATER WILL BE AVAILABLE. 7 :':~:;.?t, ;': : c, :~;"~ ~~", :.~~ " t' , ~.'\.. . -,',;.,': .:.-~ .. . ..... *~J{'!i'Jj;;f:D'i1if;!):t:,,'~fi!ij.\~~'k::'fj'" · '1(:'" "..,,(4t~~,. ,,'''~''C .:, . "',.",!,;; ,.,~},~;""'V,,..~. '._'. ^:~.~~'1~'>-..") '..~~~~~~:'<<':' ~"'. . ''':'~'::~('j~'~_~-f:::~;'' ,\_'/.;';,;.':.: :.~r;., ..,...... ".. G o SPECIAL CONDITIONS CONTINUED 12. PRIOR TO THE ClM4fNCEMENT OF CONSTRUCTION OF FUTURE PHASES. PAVING. GRADING. AND DRAINAGE PlANS SIlAll BE SUBMITIED TO THE OISTRICT FOR PERIIIT 1Ol1FlCATIOIt. 13, TIlE PERIIITIEE SHAll SUBMIT A COPY OF All PRELIMINARY PLATS FOR DISTRICT STAFF REVIEW, TO DETERMINE IF SUFFICIENT DRAINAGE AND IlAtNTENAHCE EJ'SEMOOS HAVE BEEN PROVIDED. A COpy OF ALL RECORDED PLATS SIlALL BE SUBIIITIEO IIHEN AVAILABLE. TO BE INCLUDED INTO THE PERMIT FILE FOR IlOCUIlENTATlJlI ilF ADEQUATE AND PRDPER EASEMENTS FOR TIlE ORAINAGE FACILITIES. 14. THIS PERMIT CANCELS PERMIT NO, 5?-01296-S AND 50-00621-S, 8 .Jti~1~{;-":: ':"" ,., l ,- d, .::1" , :,,~. -':+~J~1.;~:;:~':" . . ""!;!,~' -~ "" '<~;t~Si"~"l~~'.:'~' .:~ .~,~^. ~ ~....~, ;.~.:.>}.lt... .' :;:;. . f.t~{ '" ~...,,J~'!)'.~<:.'. '..r:z:;L1r:~'h2,. . .;:""'- ",:;. ......'-. '" .,.'...:......~ t_ '.' .._~_:~.. 4-"7.- r'.' ..~ ":';..,: - ....~f., -~ I~ ,- .".~. l ,....... I'. (l ---.. \' !!\". ,\ ~. ,fa....~ \ \ (1ati~\ \\\ \ ~ iI \\ \lii~~H \\\1 II \ \ \:\ ~l \l \ ..\: \\\\\; JI~\\l \ \\\\\1\\ \1\\\:1 un.. . ! -'- , " ~. f:: '~4 [f1, \ ~;~. ~t:Fl .'...\ ;'::1,1 ,~,,"'~i :"',;", .,,"..~ ""-~J\." "'n:~ ,~... v.~ ';.i~, :-~ .~~~ ?-'~; I ~1~.~~ 1\ _ --- ~ \; \ lil\l --- I. I i,~'!i __ .. .~. ~~~'. "\r;.<..;. 'J;~~~ "',' r.'" . "Q :'. 0. S ~ Q)~" O:s.l_- .---(0 ~.~ . 1 -a;:~\. ~~ \~! \ -as g.t\, ~ 8\ \ )('H\~fro .' " '.i: .;~~,. ,'~ y~~~~- ".~.;".\ ~ i/S; {~ ,lJ:j . ..:~~!! ;~;~ ' ..c:4~ 5$'=, "',\ Lt-~, ;, ,,-.-~ "t, ~ --- ~,\" h '" - . _ l ------ ".~ .~ \ "'" " \~l ~ '~. \n\ i\ 'ft \\ ~O} \\.~ ; . ' i \ \ \ " ~ t \\ ~1i;::' . ~,I"l;'t . '~.'. ~.~ , ~i~~~~f;.;.:'~~EJ: ':,. · . - I ~ l ". -\ -w \ ...... ~. l~; ~, l:t~ ~ (~~ ..:J".'.~ ,."..." i<:.",:o"r, :*"fl. ~ t; :~;.cr,j< U\:>i: ~,\~:,'l'!' !lY'('>'" \~~5: ~ \ \- ,\ , , --_: .______u____ ~il~. . . \ . o \\ ~ \ . \\, ~\ \I ' I \ \ , \ \ \ \ 'i -' ~ '\ .:: I .. ,\ ~ ~ II! ~ f oJ ~ \ . ~ \ \ \ \ \ \ \ \ \ \ ~ ~ . i. f;. ,. "i i- ) I . ~" '\ \. \\- \\-. \' \ ,.\_,\ t\ 'I" \\ \!\ ~ . , . ,-~ \\; eYJ=\\S\1 ~ -- ...'j~~~~'~;~ .,'>:'. ...\~~ ,~I.'~ : .'~ '~':~~', .~~~ . ~-~---_.-------- --.--.----- . . ;-,,: ~ " ' ~'.' ',,;:;'''J~' ~~-<' ",~.. :~,:~ ,. :_;~ ~ . "c., ..,-..};~?;~.;" "~'_~ ?~'t~:I:J;.'~ ~.~~ ~ " <!" ~. -N- i j ~ EXHIB/ T 3f1 ;~~.:' ~e':N. '. .' ., . . ~\,!I':- " ..,::. ._ .,.,._............_~_"1IlFI. ~ I i I, i:i , I ~ ~ iih~1 \~!iti I ~ I , ~ ':~II i I .111 i i'il il ~l!l & 1"'"'\ I I I . . I . III ill . -- UL --- II - -----H. r" , . . ~l II I ~p\ I . , \ Ii : ;111 I mill I I ~ 0< I ;;' II . I I' I, !..... :1 J.I I' II I . " U ...... EXRIBIT-~.. I, . i r :\.~~,... :",~",,",..,,.... -.."........ "..,.' - ~.F~~~::~\r:~:. ":pIIIiP ';'1;' . ., " ;~ ~ ~,/ ~r~ . ~{ ': ~.: .' ;.~ " '.... "- .r:~ ]; ~. _l: ,. ".f :;;.~ :f.. ;.>~~ .~: ';, ~f ...~ '.":'~ '. -.; "~:"~ ::I~~ :i.,' '1~ ~~. .~ " ~,"1 "~,~ .'h. '." ,~ :" " v_ '.. -~ ;/.. ,.'.0 .:", .c. ~~ .. .~ ..t~ f..' ,.IJj-: /,('" .;~ . .,-,-:1 ':. .~ ~~Ji"~' "0."._ <...... . -t~':i ':~l ~' I .. .. '.1 ".. .. i - . .~~,~" T.I'~ _. .L - I.. ... ....".."..,., ~.~""c;.'l"""'L,.1..,.~_..,""'~~." r 1r-, t-"-- 1=-.~ I; ~ . -' ; i ~1 I'; r'IH~ I, II "l i h . 1\ \ ! I '-l ~ ~ ~; ;; I III I I I ~.. I . I~F;' 111:1:1' I ' I I Ii .! · ,: i~ Ji III ~i~ '" n In Ii i~~TI ~ eegt!>G00 I ~I! ~ t I!III !':--ib ._~; ~., i lEP~ I !. h: I~ ~ ,f Ii \, I) II, III !IO z_ I' Ii ~ ----1 1\1 il... ; 'I if 3z. :'1 '1 !I' <m::;1 .~ n~i~i~l! ~ . I .~ ~~;,I I, I ~~ .- 1:11 s~ 1'1Y, I!~W' __' ~!it::jlE '~ I. ;~: 'r I >{:' I a ~ I , I. ~ ~.' ',' I ,lL-lli~1 ~l: ~ IT ['---1' E ~- ...-l i " II !' il .1.-_ 8 , I!' , ..III . . .. B !!. . .. -'! ~ ~ ; ;.. ~ .. .. i , i !i I II ' " I f:. II i 11_ i ,I i I I i1i . I hid P I .. ""J ,,~ I ~e oelOllil, '- --" a f \ \ ,II J I ai, ' i UP-'. J 11 gl~l; I d II . ~DI II _ 1-' - i ; ~Ii II I; 'I' II; I I G REPORT DISTRlBUTIOIf LIST 0 PROJECT: WoolbriGht Place P.U.D. APPLICATION HUMBER: 891122-17 IIfTERIIAL DISTRIBUTION X Reviewer: S. IIcHabb X S. Anderson II. Arnold X S. Bradow D, Breckenridge-Mia.i ~ffice X M. Cruz K. Dickson A. Deister E. EdlMlndson X J. M, Hiscock J. Jackson K, Johnson P. Millar J. Morgan C. Pl!Ilb1 e X p, Rhoads J. Show M. Shyton W. Stl_1 X 0, Thatcher X 0, Unsell P. Walker X K, lIa11 ace X A. Waterhouse E, Yaun X Area Engineer X Day File X Enforcl!lll!nt X Field Repres'ntative X Office of Counsel X Pel"8lt File GOYERIIlltIl BeARD IlEllBERS Ms. Valerie Boyd Mr. Doran A. Jason Mr. Arsenio Milian Mr. ~a.es E. Hall Mr. Fritz Stein Mr. Mike Stout Dm. OF ENYlROlIlOOAL REGULATION: Ft. Myers Orlando X Port St. Lucie Tallahassee X West Pal. Beach EXTERNAL DISTRIBUTION X Appllcant: Tradewlnds Deve10Dtlll!nt Coro. X Applicant's Consultant: Stanley Consultants. Inc. X Engineer, County of: Pa111 Beach X Engineer, City of: Bovnton Beach X Local Drainage District: Lake Worth Drainaoe District BUILDIH6 AND ZONINIl Boca Raton X Boynton Beach Royal Pal. Beach Tequesta West Pal. Beach ~ Broward -BeEQCB -Director, Water Mgmt. Diy. -Agricultural Agent -DERM -Bd of County Coal. (C.Atkln) -Zoning Department -D.O.T. -Long Range Planning -Mosquito Control -Community Dev, Director -Env. Protection Agency -Public Utilities Pal. Beach-Building Dept. -Environmental Resources Mgmt. -Land Development Division -LlillD -School Brd., Growth Mgt. Ctr. Polk -Water Resources Dept. St. Lucie -Planning Division Collier Dade Hendry Lee Martin Orange X X X X l!IIlm Sierra Club Central Florida Group Mr. Charles Lee Florida Audubon Society 1101 Audubon lIay Maitland, FL 32751 City of Port St. Lucie Planning Division EXHIBIT...i.., .. . _':':"&_l~'_ .3i~1~:~r:~~;. . n ~ ~ . .~. u. :! ~ t1~~~~~~ ~ III 1lIl!!.t 91 ;~~~-~ . "~ ~f! ., ." ^ ~~~ ~ "'-~ . ~~. .0. a: ~h ~5 ~ i2 i ~ i g I Lh ... "'I!l~ lu !li ~::l .~~. L . . , . ~ ~ p "~ oo..~ ~ ~-d ~ ~ ::J < "~l!l~,&!\li It IE If c:: 1:1", ~ ~ ~!~! ~ ~ ~ i I~ ~ <~ .,~ !i1~: 'iH~ lii....oe . C I I I I 0 I D l ~ ." ~ . I' Die DID l' , I ! . , I I DIY I ~ , 0 1? . 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((0\ ~O( Oll llJ. . 6({O( '0'1':110)':1 V1~Y1J.V . )'JNYHJX) lHl ~~lL ......lll_.lll_..~._.l..._...I.ltl.._\....l.l..._ltl..,.~...l.. ! ~f-=u--------~ # -:~~-~ , , , --;li ,_. '-, II II 1'I1 i : IL ,I I ~I ~ ~~; ! 'i=1 H .:!~ 2~g ~~ Q ~ ~ _. rfTI-' ~-~] I~J.~t i l r LI.'O I J./, ~ I :II~' · Ji1.l-~: "~~ Ii, I Iii II J_1 I:~I 'I 8 , I' a I :' ~ " " 0: w~ u<{ <{. ~~ a.Z w ~" Tv> "w O'er m ~ " " " (==] . ~-~-- r'o - r." '~,. '-'-"'l ~-J = ~ ~ , ! i t >- . ~ c- o: <{ '" ~ '" ~ a. 0: ~ Q , , ! I , ~ ~~ o o5:i ~2'b w 0, ~u' ~ - "' "" 8 ~ ..... "" 0 0 ~~.~;;;~~~o '" (l:"'<l:ll. ,,-;;: ~8 [58 :i. ;t Q z ~~ 5~ ~ ~ ~ ~ avo~nlv~ 3Nrl l.$"V'O:J GClVOBV3S 1-_____ . , , I , i I , I~: l..----. ......,r7:-==-:-(.::::~~~.:;;;:::...:::-_-- .5- ~ ..' ~~r~: - ,,5'''' B'" S'R~~' ~ r -- 1:' ~ i!:' 0... I i <- a~ tLl t3 '! 'I u~ l:oi:;; <!<( ~ ~:3_ ~ Q. ~ ~O ~~ err "]u " " " '" I 0"" Z"- ""..... ",0 2", z~ Zz ""0 ;;::N ~ .-- 1",1 , Ii , , 'I i; I, I, il 'I !"I , ~ ~-- -~--~ fl I! 1..,:\ I ~ o ~ w~ o~ w~ >~ 0'" ZX w w~ Z ~ '1 II II I II ,I I' II I I II I I.! (', ,I II II I! (: I I, " I' II ,..I I I I' II jI , , , '\'1 , , , , , , I '" , i \, I " , I, I" ~ < ~ o ~ ~ < fir' -11. i -- II I ~ 'I II ;;;: iL'II' , i - - ;' ~- 0-1-- ~ w ~ ~ < m ~ w "!ia5 I"l- II I "'e) 0' m ~ " " " , \ .. \ .. , , , , , , I , III I II III 'I' III " I,' 'I,' AGREEMENT REGARDING FURTHER DEVELOPMENT THIS AGREEMENT (this "Agreement") dated as of this 3Lstctay of kanA..... 1998, is made and entered into by and between HOWARD R. SCHARLIN, individually and as Trustee ("Scharlin"), and HOME DEPOT U.S.A. INC., a Delaware corporation ("HD"). PRELIMINARY STATEMENT A. Scharlin is the owner in fee of certain real property located at S. W. 8th Street and Purple Heart Way in the City of Boynton Beach, Palm Beach County, Florida, consisting of6.153 acres more particularly described on Exhibit"A" annexed hereto (the "Future Retail Parcel"). The Future Retail Parcel includes an approximate 20,000 square-foot area shown as the Future Retail Area (hereinafter referred to as the "Future Retail Area'') on that certain site plan (the "Revised Site Plan") attached hereto as Exhibit B. B. HD is the owner in fee of certain real property comprising approximately ten (10) acres (the "Depot Parcel") located adjacent to the Future Retail Parcel. Existing improvements on the HD Parcel include a building (the "Home Depot Store") containing approximately 102,000 square feet of ground floor area exclusive of mezzanine, a garden area and truck loading docks, customer pickup and compactor facilities and related parking and site facilities in the areas indicated on the Site Plan. C. HD is also the owner in fee of certain real property consisting of approximately 8.463 acres (the "Expo Parcel") located adjacent to the Future Retail Parcel on which HD intends to develop and operate an approximately 88,000 square-foot Expo Design Center store (the "Expo Store") and related parking facilities. The Expo Parcel and the Depot Parcel are herein collectively referred to as the "HD Parcel". The HD Parcel is more particularly described on Exhibit C annexed hereto. D. Scharlin and HD are parties to that certain Reciprocal Easement and Operation Agreement dated February 12, 1990, as recorded in the Public Records of Palm Beach County, Florida in Official Records Book 6378, Page 1953 on March 8, 1990, as amended by instrument dated August 18, 1993, recorded at Book 7850, Page 1377 on August 23, 1993, aforesaid records (the "REA''). E. Scharlin and HD wish to enter into this agreement for the purpose of agreeing to certain aspects as to the further development of Scharlin' s Parcel and the HD Parcel in the context of the REA and otherwise. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the REA. R\REG\JBJI 14S8S\02\IlOCSIAGMTREDE.03 03/27/1998 4:47 pm STATEMENT OF AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Scharlin and HD hereby grant, covenant and agree as follows: I. Revised Site Plan. HD and Scharlin hereby approve the Revised Site Plan and the location of all buildings and other improvements depicted thereon. All references to the "HD Parcel" in the REA shall mean the property described on Exhibit C hereto. 2. Grant of Specific Drainaee Easement. In supplementation of the general utility easements granted pursuant to the REA, each ofHD and Scharlin hereby grants and conveys to the other, for the benefit of the other's Parcel, a perpetual easement in, to, over, under and across each other's Parcel for the purposes of installation, operation, use, maintenance, repair and replacement of the existing underground storm drainage line located therein. 3. Pvlon Sian. Section 1.04 of the REA is hereby deleted. HD and Scharlin acknowledge that there currently exists one pylon sign at the intersection of Woolbright Place and SW 8th Street rather than two pylon signs as contemplated by the REA. HD and Scharlin agree as follows regarding such pylon sign: a. HD and Scharlin agree to work together in good faith in an attempt to obtain such permits and approvals as are necessary to modify the existing sign consistent with the drawing attached hereto as Exhibit D. In such event, HD shall be entitled to the two sign panels in the positions shown for the Home Depot and Expo sign panels on such drawing and Scharlin shall be entitled to allocate the remaining panels among tenants and occupants of Scharlin's Parcel as he sees fit. b. In the event that the pennits and approvals necessary to modify the existing sign in the manner contemplated in subparagraph 3(a) above are not obtained but HD and Scharlin are permitted by the City of Boynton Beach to continue to utilize the existing pylon sign as depicted on Exhibit E hereto, then HD shall be entitled to the two sign panels in the positions shown thereon for the Home Depot and Expo sign panels and Scharlin shall be entitled to allocate the remaining panels among tenants and occupants ofScharlin's Parcel as he sees fit. c. In the event that the pennits and approvals necessary to modify the existing sign in the manner contemplated in subparagraph 3(a) above are not obtained and HD and Scharlin are not permitted by the City of Boynton Beach to continue to utilize the existing sign, HD shall have the right in the aggregate to no less than 160 square feet of space on whatever pylon and/or monument signs are devoted to the Center for the display of signs for the Home Depot Store and the Expo Store and Scharlin shall be entitled to allocate any remaining panels on such signs among tenants and occupants ofScharlin's Parcel as he sees fit. H:\REGVBJ\14SSS\02\IXX::S\AGMTREDE.03 2 03/3111998 12:.59 pm d. Scharlin shall reimburse HD for its proportionate share ofthe costs of constructing, modifYing, lighting, maintaining and repairing the pylon sign and any monument sign based on the ratio of the area of his sign panels to all sign panels on the pylon sign and any monument sign. Scharlin shall have reasonable access to the HD Parcel for purposes of erecting, maintaining, repairing and/or replacing his sign panels on the pylon sign and any monument SIgn. 4. No Build Easement. No building or other similar structure or improvement shall be constructed on those portions of the Future Retail Parcel designated as the "No Build Easement" on the Revised Site Plan. Paved parking spac~s may be located in said No Build Easement Areas. The purpose of the No Build Easement located on the Additional Outparcels is to maintain the visibility of the Expo Store and its storefront signage. HD will consider, in good faith, any requested modification to such No Build Easement upon the receipt of a proposed site plan from Scharlin. The determination as to any modification of such No Build Easement shall be made by HD from the perspective of maintaining such visibility of its store and its storefront signage. 5. Maintenance of Landscaped Areas. a. The maintenance of the landscaping in the medians located on S.W. 8th Street adjacent to the Center shall be maintained and operated by the Woolbright Place Master Association, Inc. pursuant to a separate agreement and shall therefore not be the subject of this Agreement. b. Each ofScharlin and HD shall maintain, at its sole cost, the landscaped strips located in those portions of the rights of way ofSW 8th Street and Purple Heart Way adjacent to its Parcel and in the adjacent landscaped buffers located on its Parcel. Such maintenance shall be performed in accordance with the requirements of the City of Boynton Beach. 6. Liehtine. Scharlin agrees that the Additional Outparcels located in front of the Expo Parcel and depicted on the Revised Site Plan shall be lighted in a manner consistent with the lighting of the Expo Parcel such that the lighting of the Additional Outparcels shall not be brighter or dimmer than the lighting of the Expo Parcel. 7. Parkinr. In addition to the parking requirements established by the REA, no building or other structure shall be permitted on the HD Parcel or Scharlin's Parcel or the Additional Outparcels if such building or other structure would reduce the parking ratio within any such Parcel or Additional Outparcels, as the case may be, to fewer than the number of parking spaces actually needed to meet the effective needs of the customers and invitees of such Parcel or Additional Outparcels, as the case may be. The intent of this provision is to avoid the need to use parking spaces on any other Parcel for the operation of the business on the subject H:\REGVBJ\14S8S\02\DOCS\AGMTREOE.03 3 03/31/199812:59 pm Parcel or Additional Outparcels, as the case may be. In no event shall this provision detract from or negate the grant of parking easements pursuant to subs~tion 1.01(b) of the REA. 8. Amendment of Use Restrictions. The use restrictions established by the REA are amended as follows: a. Notwithstanding the last sentence of subsection 3.01(f) of the REA, in no event shall any portion of Scharlin's Parcel be used as health spa, exercise facility or movie theatre, except that one health spa or exercise facility may be located on the Additional Outparcels provided the following conditions are satisfied: (i) The parking ratio maintained as to such facility shall not be less than one space per 100 square feet of building area (or the parking ratio otherwise established herein, whichever is more stringent); (ii) Vehicular access to the Additional Outparcels shall be solely from S.W. 8th Street. There shall be no curb cuts leading to and from the Additional Outparcels and the parking area serving the Expo Store and the Future Retail Area. Instead, the Additional Outparcels shall be separated from the remainder of the Center by a green vinyl clad chain link fence with mature ficus hedges (or other similar dense vegetation approved by the City of Boynton Beach) on both sides of such fence. The design of the fence and the landscaping shall be subject to HD's reasonable approval. Scharlin, at his sole cost and expense shall maintain such chain link fence and hedges in first class condition. b. Notwithstanding the terms of subsection 3.01(g) of the REA, the Scharlin Parcel may be used for the sale of furniture (but not for the sale of pool, patio or lawn furniture). c. In addition to the restrictions set forth in subsection 3.01(g) of the REA, no portion of Scharlin' s Parcel (other than any outparcels previously conveyed to third parties unless otherwise already restricted by the REA) shall be used for a home design center or for the sale of home security devices, lighting, appliances, tubs, sinks, mirrors, vanities, counter tops, other components of home improvements or floor coverings (including tile) except for the incidental sale of such items (as hereinafter defined); provided, however, this restriction shall not prohibit the offering of home design and decorating services on an ancillary basis by a full line furniture store. d. For purposes of subsection 8(c) above and section 3.01(g) of the REA, the use ofless than 2,000 square feet in the aggregate on Scharlin's Parcel for the sale of the items restricted by such subsection 8(c) or section 3.01(a) shall constitute the "incidental sale" of such items and shall not be deemed to constitute a violation hereof. e. Notwithstanding the terms of subsection 3.01(f) of the REA, a restaurant such as a Chili's, Benigans, or TGIFridays may be operated on the Additional Outparcels, provided the following conditions are satisfied: H:\REG\JBJ\ 14S8S\02\DOCS\AGMTREDE.03 4 03/31/1998Il,S9pm (i) The parking ratio maintained as to such facility shall not be less than one space per 50 square feet of seating area (or the parking ratio otherwise established herein, whichever is more stringent); (ii) Vehicular access to the Additional Outparcels shall be solely from S.W. 8th Street. There shall be no curb cuts leading to and from the Additional Outparcels and the parking area serving the Expo Store and the Future Retail Area. Instead, the Additional Outparcels shall be separated from the remainder of the Center by a green vinyl clad chain link fence with mature ficus hedges (or other similar dense vegetation approved by the City of Boynton Beach) on both sides of such fence. The design of the fence and the landscaping shall be subject to HD's reasonable approval. Scharlin, at his sole cost and expense shall maintain such chain link fence and hedges in first class condition. 9. Cessation of Business on HD Parcel. Subsection 3.01 (j) of the REA is deleted In Its entirety. In the event HD has not used for a successive period of one year or longer (exclusive of any period of renovation, remodeling or restoration) the HD Parcel for a home improvement center or home improvement design center, the restrictions of subsection 3.01 (g) of the REA, as modified above, shall be null and void. II. Additional Ouq,arcel Restrictions. The restrictions of section 3.02 of the REA, are amended as follows, shall apply to the Additional Outparcels: a. The restrictions as to building height and maximum building floor area specified in section 3.02(a) are deleted as to the Additional Outparcels. b. Access to the Additional Outparcels shall be by no more than two (2) curb cuts located in the "Permissible Curb Cut Area" depicted on the Revised Site Plan (subject, however, to the terms of subsection 8(a) and 8(e) above) 12. Development of the Future Retail Parce,. The Owners acknowledge and agree that Scharlin intends to develop the Future Retail Parcel for shopping center and related retail uses with common roadways and parking areas with the Center as indicated on the Revised Site Plan. The following provisions shall govern the development of the Future Retail Parcel: a. Scharlin shall construct and develop the Future Retail Parcel as part of the Center in accordance with all the terms and provisions of this Agreement, and the plans and specifications as reasonably approved by HD, and in a good and workmanlike manner reasonably designed to minimize any interference with the HD Parcel. Any modifications, revisions or additions to the plans and specifications for the Future Retail Parcel after HD approval shall require the prior written reasonable approval ofHD. All such work called for in the approved plans and specifications shall be done at Scharlin's sole cost and expense in accordance with all requirements oflaw, including all rules, regulations, ordinances, statutes and guidelines promulgated by any applicable governmental or quasi-governmental authorities, agencies or organizations. Scharlin will apply for and obtain, at its own expense, any and all necessary H,IREG\JBJlI4585\02IDOCSlAGMTREDE.03 5 03/31/1998 12,59 pm governmental approvals for the on and off-site improvement work to the Future Retail Parcel, including without limitation, the building permit for any of its improvements. Scharlin shall indemnify, defend, hold and save HD and its agents, servants, employees, officers and directors harmless from any and all losses, damages, liabilities costs or expenses arising or alleged to have arisen out of any intentionally tortious or negligent act or omission of Scharlin, his agents, contractors, subcontractors, servants, employees, licensees or invitees in connection with any construction work to be performed by or at the direction of Scharlin. b. In addition to any other limitations set forth in this Agreement, Scharlin hereby covenants and agrees with HD that any building constructed on the Future Retail Parcel shall be architecturally compatible with the Expo Store (subject, in the case of national tenants having in excess of25 stores, to the incorporation of such tenant's prototype national store- front), the height of such building (including all roof top apparatus and architectural embellishments) shall not exceed the height of the Expo Store and such building shall not protrude in front ofthe Expo Store (i.e., be located nearer S.W. 8th Street than the Expo Store). c. Such improvements shall also comply with the following architectural and construction requirements: (i) The building finished floor or pavement of any building on the Future Retail Parcel shall not be more than 18 inches below the finished floor of the building constructed on the Expo Parcel. (ii) No portion of any such building shall be constructed such that the footings and foundations of the Expo Store are undermined or adversely affected in any manner. d. Scharlin and HD hereby grant to the other a non-exclusive right and easement to install, maintain, repair and replace canopies, roof flashing, roofs and other like projections and any insubstantial encroachments attached to the improvements to be constructed on the Expo Parcel and the Future Retail Parcel; provided, however, that any such encroachment (i) shall be subject to the prior written approval of the owner of the Parcel affected thereby (which approval shall not be unreasonably withheld or delayed); (ii) shall not materially or adversely interfere with the use and operation of visibility of the Parcel burdened thereby; and (iii) shall not require the removal or alteration of any building or other improvements located on the Parcel burdened thereby. e. Subject to the following provisions of this subsection 12(e), HD hereby specifically consents to the placement of a building on the Expo Parcel in the location shown on the Site Plan: (i) All buildings constructed on the Future Retail Parcel shall comply with the following requirements: (i) no building shall be constructed within sixty (60) feet of any H:\REGVBJ\ 14585\02\DOCS\AGMTREDE.03 6 03/27/1998 4:47 pm common boundary lines unless such building (hereinafter referred to as the "Adjacent Building") shall be located immediately adjacent to the common boundary line and is attached to the building, if any, on the adjacent Parcel; (ii) if an Adjacent Building exists, then no building shall be located within sixty (60) feet of the Adjacent Building unless such building is attached to the Adjacent Building (the Adjacent Building and all other buildings on the Parcel that are attached to the Adjacent Building and to each other are hereinafter referred to as the "Building Group") (iii) any building that is not part of the Building Group shall be located at least sixty (60) feet from the Building Group; and (iv) the Adjacent Building or the Building Group, as the case may be, shall comply with the building code requirements applicable to an "unlimited area" building, including, without limitation, the installation of any approved sprinkler system for fire protection. (ii) In addition to the requirements set forth above, the parties hereto agree that no building shall be placed or constructed on the Parcels in a manner which will, based on the then existing governmental regulations, either preclude the construction of an "unlimited area" building, or cause an existing "unlimited area" building thereon to (i) no longer be in conformance with applicable building code requirements; or (ii) require a change of "fire rating" to comply with such codes; or (iii) require the use of different building materials or other alterations to the existing building to comply with such codes. f. If Scharlin constructs improvements on the Future Retail Area after HD' s store on the Expo Parcel is open for business, Scharlin shall perform such construction so as not to deprive HD of the use of any parking areas, driveways, entranceways. The location of any staging area and haul roads shall be subject to HD's reasonable approval. 13. Increase in Liability Insurance Limitations. The required amount ofliability insurance required pursuant to section of the REA is increased from $1,000,000 to $3,000,000. 14. Additional Addresses for Notice Pur:poses. Article IX regarding notices is amended to provide as follows: A copy of any notice to Scharlin should be sent to: c/o Morton Group 902 Clint Moore Road, Suite 124 Boca Raton, Florida 33487 Attn: Michael Morton A copy of any notice to HD should be sent to: James 8. Jordan Sutherland, Asbill and Brennan LLP 999 Peachtree Street, NE Atlanta, Georgia 30309-3996 15. Termination of Existin\! A2reements. HD and Scharlin hereby terminate that certain Undisturbed Area Easement Agreement between Scharlin and HD dated February, 1990, H:\REGVBJ\145SS\02\IXX:S\AGMTREDE.03 7 03/27119984:47pm recorded in O.R. Book 6378, Page 1948, as amended by Amendment to Undisturbed Area Easement Agreement dated August 18, 1993 recorded in OR Book 7850, Page 1583, public records of Palm Beach County, Florida 16. Unified Control. The undersigned Owners, being the owners of the real property which comprises the Center, which entire property is legally described on the attached Exhibit F, declare that this document shall bind in perpetuity (to the extent permitted by applicable law) all heirs, assigns, successors and future owners of the Center, to develop, operate and maintain said Center under unified control, in compliance with the City of Boynton Beach Code of Ordinances and in compliance with conditions of approval for all "Development Orders" or "Development Permits" issued for the Center, without recourse to the City of Boynton Beach or any other public agency. Exhibit F attached hereto contains a legal description 0; the entire Center, which legal description has been certified by the sUlVeyor of the Center and indicates the total number of acres of the Center. 17. Provisions of REA. To the extent not otherwise inconsistent herewith, the provisions of the REA shall apply hereto. Without limiting the generality of the foregoing, either party shall be entitled to avail itself of the self-help provisions of section 6.01 of the REA in the event the other party defaults hereunder. 18. Deletion of Repurchase Ri&ht. The terms of section 11.01 of the REA granting Scharlin a repurchase right in certain circumstances are hereby deleted. 19. Miscellaneous. (a) If any provision of this Agreement, or portion thereof, or the application thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Upon execution, HD and Scharlin shall cause this Agreement to be recorded in the Palm Beach County real estate records. (b) This Agreement shall be construed in accordance with the laws of the State of Florida. (c) The Article headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. (d) Nothing in this Agreement shall be construed to make the parties hereto partners or joint venturers or render any of said parties liable for the debts or obligations of the other parties. H;\REG\1BJ\ 14S8S\02\DOCS\AGMTREDE.03 8 03/31/1998 12:59 pm (e) This Agreement shall run with ili-:: land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. (f) This Agreement may be amended, modified, or terminated at any time by a declaration in writing, executed and acknowledged by all the parties to this Agreement, or their successors or assigns. This Agreement shall not be otherwise amended, modified or terminated during the term hereof. (g) The term "parties" as used in this Agreement shall mean the fee simple title holders of the Parcels. It is specifically understood and agreed that there shall be no personal liability of the parties in respect to any of the covenants, conditions or provisions of the Agreement. In the event of a breach or default by a party of any of its ol:-ligations under this Agreement, the other party shall look solely to the equity of the party in its Parcel for the satisfaction of its remedies. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement under seal as of the day and year first above written. SCHARLIN: ( ;{L// ~ ~t(i~ / Witness 0 Print Name: t:R11; ~ -3 ~J/ @.!t.<t 'z L~ (SEAL) Ho ard R. Scharlin, Trustee, Individually, and as Trustee under agreement dated December II, 1986 , t-t~ 1 ;fA-.~ Witness Print Name: MITre/it Nfi-SoAJ 1m: HOME DEPOT U.S.A., INC. By: Name: Title: Witness Print Name: Witness Print Name: H:\REGVBJ\14S8S\02\DOCS\AGMTREDE.03 9 03/27/1998 4:47 pm (e) This Agreement shall run with th~ land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. (f) This Agreement may be amended, modified, or terminated at any time by a declaration in writing, executed and acknowledged by all the parties to this Agreement, or their successors or assigns. This Agreement shall not be otherwise amended, modified or terminated during the term hereof. (g) The term "parties" as used in this Agreement shall mean the fee simple title holders of the Parcels. It is specifically understood and agreed that there shall be no personal liability of the parties in respect to any of the covenants, conditions or provisions of the Agreement. In the event of a breach or default by a party of any of its ol:-ligations under this Agreement, the other party shall look solely to the equity of the party in its Parcel for the satisfaction of its remedies. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement under seal as of the day and year first above written. SCHARLIN: (SEAL) Howard R. Scharlin, Trustee, Individually, and as Trustee under agreement dated December II, 1986 Witness Print Name: Witness Print Name: HD: .~nAAr~~ Witness Print Name: /vf?l.rr t ~ In rnnVPG . guy' !fC/ANl! Wltne ',.--- A Print Name: JOIfL 0'/~ {AtP By: Name: Title: 5-~wi\ ~r'. \JV H:\REGIJBJ\ 14S8S\02\DOCS\AGMTREDE.03 9 03/27119984:47pm STATE OF FLORIDA COUNTY OF ~\Q.Mi ~ The foregoing instrument was acknowledged before me this ~\~ day ofYLlg,nJ... 1998, by HOWARD R. SCHARLIN, Trustee. ~J.Lci JaMfi~ / Notary Public 0 My Commission Expires: o Y SEAL KENIA SANCHEZ PUBUC Sf ATE OF FLORIDA COMMI56ION . MY COMMIS5ION EXP. ULY 4.1996 STATE OF GEORGIA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 1998, by of HOME DEPOT U.S.A., INC., a Delaware corporation, on behalf of the corporation. Notary Public My Commission Expires: H:\REG\JBJ\1458.5\02\DOCS\AGMTREDE.03 10 03/21/1998 4:47 pm STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 1998, by HOWARD R. SCHARLIN, Trustee. day of Notary Public My Commission Expires: STATE OF GEORGIA COUNTY OF~ \~() Tl).e foregoing instrument was ac)q1.owleflged before me this ~ day of Mcu--ch . , 1998, by e Q\YO \ \D~ ,I ~ if... ,,~.d.otI.:f,..g[(HOME DEPOT U.S.A., INC., a Delaware corporation, on behalf of the corporation. My Commission Expires: F.........Man~, C3eollIIII l-~"".lIAY 11.1Gllii H:\REG\JBJ\1458S\02\DOCS\AGMTREDE.03 10 03/271l998 4:47 pm EXHmIT A EXHmIT B EXHmIT C EXHmIT D EXHmIT E EXHmIT F H:\REGVBJ\ 14S8S\02\OC>CS\AGMTREDE.03 LIST OF EXHmITS: Legal :iescription of Future Retail Parcel Site Plan (marked to show Future Retail Area, Additional Outparcels, Permissible Curb Cut Area, No Build Easements) Legal description ofthe HD Parcel Drawing of Modified Pylon Sign Drawing of Existing Pylon Sign Legal Description of Center 13 03/27/1998 4:47 pm EXHIBIT A Legal Description - 6.153 Acre Tract A portion ofTract "E", SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT PLACE, P.U.D., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, and a portion of Tract "A", Woolbright Place Plat 1, recorded in Plat Book 67, Page 47, Public Records of Palm Beach County, Florida, more particularly described as follows: COMMENCING at the southwest comer of said Tract "E" being on the arc of a curve, concave to the southwest (radial line to said point bears N83"21' 08''E); thence northwesterly along the west line of said Tract "E" and the arc of said curve, having a radius of 1851.74 feet, a central angle of 00"36'41" and an arc distance of 19.76 feet to the POINT OF BEGINNING; thence continue northwesterly along the arc of said curve, having a radius of 1851.74 feet, a centra1 angle of 11.57'06" and an arc distance of386.27 feet to a point of reverse curvature ofa curve, concave to the northeast; thence northwesterly along the arc of said curve, having a radius of 1438.26 feet, a central angle of 07"10'07" and an arc distance of 179.95 feet; thence N37"3S'20"E, 46.53 feet to a point on a line 30.00 feet north of and parallel with the north line of said Tract "E"; thence N88"26'13''E, along said parallel line, 349.04 feet; thence Soo"09'3S"E, 481.73 feet; thence N89"SO'2S"E, 52.14 feet; thence NOO"09'3S"W, 69.11 feet; thence N89.S0'2S"E, 239.55 feet; thence NOO"09'3S"W, 41.17 feet; thence N89"SO'2S"E, 301.75 feet; thence SOO.09'3S"E, 5.00 feet; thence N89.S0'2S''E, 36.00 feet; thence SOO.09'3S"E, 125.24 feet; thence S89"SO'2S"W, 302.71 feet; thence NOO"09'3S"W, 8.50 feet; thence S89"SO'2S"W, 61.25 feet; thence SOO.09'3S"E, 40.00 feet; thence S89"SO'2S"W, 3.15 feet; thence SOO"09'3S"E, 47.55 feet; thence S89"SO'2S''W, 217.D1 feet; thence SOO"09'3S"E, 3.50 feet; thence S890S0'2S"W, 31.94 feet; thence SOO"09'3S''E, 10.00 feet; thence S89"SO'2S''W, 255.62 feet to the POINT OF BEGINNING. The above described property contains 6.153 acres (268,011 square feet) and is shown as a portion of Tract E and a portion of Tract A on a Boundary Survey for Home Depot U.S.A, Inc. and First American Title Insurance Company prepared by Avirom & Associates, Inc. (Michael D. Avirom, Professional Land Surveyor No. 3268) dated December 16, 1997, last revised on March 24, 1998, which plat of survey is incorporated herein and by this reference made a part hereof. ..-1 ....-- , cixhibit B ....-- \~-! \ ! ' . ~~ \ ' !~ I ~~ I ~ ' I i I '" , I I _i ~I !. ! . ~~ 1--" I ~~ I - i -~u. .' .il . ~- O"j.33>>j.~~':",<"')~~:::" _..-t-~~. ( . - - - /~ =--. ___ I . .... .... .....;,... ~. I -:..:....:...~~ I .--- ~........-:- - --- ; . A . /- -=-i - I ! /\ i !: I ,.~ I I I, / \ Q . .'/' / ... ~ I . . . / ,/ -' ~ QaJ -" ~g i ~ . I . j t ~ ,ii LJu~I~_'-j _ 'i ): . ." ~ = ~ ~ ~. ;1 \ . - ---~ " " c, a, " ? c:::. ,"' "" z J~ "" .' , a' = T' c:! ., ~. !i i .' n ., <=> <=> - .. ~ '" " " z I - -- 31 5 ~ -=--~ ~ ;J : ,,~ I ig : z,3 ! i~ .~. - _~.;gw rt.. : -~ , . . Hu 0 . --~.~_~-=---:....::....=.-=-=-d--: L...L- _ _ _ _ ~ ~; _'_ _ _ _ _ _ _ _ _ _ _ _-.J ~ ;ljS ! ~i . Ii: .. ii' .. iZ !: - . , ... I 1 - . ---r-- ii; L- --. SEA.O.ltO COAST LINE "AIUtOAO ",. -.._..- 4- _...___. --- _..- . .. I 'I C .. .. .. G' . .. . ~ .. .. , ". G I . I . I.. I" I . . , I ~ ". I' I" . I I . .... ". J' I I I I I "' lI'li m ; - ,!II Ii 'Ii II!i I ~ ..; WI-i!i !J'ql ;x: I!!llll :~III i III ~~! p~ .... .!~ .-, I j IIII ~! dl! ~ II 1-' I i liil -II~ .... -, i . J,!! I " ~I ",,:~ ;II iiii I., I, . . . H HiPI i mi IJi; I II ppi I ii. J II Iii r Ii I . I ! =11 ~I it I!ll ! '. il il _ II Ii }.". 51 A A II .... .. .. ! 'u on I! m EXHIBIT C Legal Description Tract "n" and Tract "F', SHOPPES OF WOOLBRIGHT p.c.n., Part of WOOLBRIGHT PLACE, p.u.n., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, Public Records of Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast comer of said Section 29, thence along the East line of said Section 29 North 01 degrees, 34'16" West, a distance of 189.66 feet; thence departing said East line and perpendicular to the preceding course South 88 degrees, 25'44" West, a distance of 100.00 feet to the Point of Beginning. From the Point of Beginning; thence South 89 degrees, 50'25" West, a distance of 451.98 feet; thence South 77 degrees, 30'21" West, a distance of324.66 feet; thence North 00 degrees, 09'35" West, a distance of 550.35 feet; thence South 89 degrees, 50'25" West, a distance of 177.64 feet to the beginning ofa non-tangent curve having a radius of 1851.74 feet, from which a radial line bears South 84 degrees, 19'01" West, thence Northwesterly along the arc of said curve, subtending a central angle of 00 degrees, 57'52" a distance of31.17 feet to the beginning ofa non-tangent line; thence North 89 degrees, 50'25" East, a distance of519.23 feet; thence North 00 degrees, 09'35" West, a distance of33.00 feet; thence North 89 degrees, 50'25" East, a distance of 467.41 feet; thence South 01 degrees, 34'16" East, a distance of 292.95 feet; thence South 88 degrees, 25'44" West, a distance of 50.00 feet; thence South 01 degrees, 34'16" East a distance of250.98 feet to the Point of Beginning. TOGETHER WITH: A parcel ofland lying with Tract ''E'', according to said Plat more particularly described as follows: Begin at the Southeast comer of said Tract "E"; thence South 88025'44" West, a distance of 50.00 feet; thence North 01034'16" West, a distance of2.95 feet; thence South 89050'25" West along a South line of said Tract "E", a distance of467.41 feet; thence North 00009'35" West, a distance of 47.67 feet; thence North 89050'25" East along a line 47.67 feet North of (as measured at right angles) and para1lel with the South line of said Tract "E", a distance of516.25 feet; thence South 01034'16" East, a distance of49.40 feet to the Point of Beginning. H:IBMO\BM<l\14l1,..IZlUNITY .LEO TOGETHER WITH A portion ofTract "E", SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT PLACE, P.U.D., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages \37 and \38, and a portion of Tract "N', Woolbright Place Plat 1, recorded in Plat Book 67, Page 47, Public Records of Palm Beach County, Florida, more particularly described as follows: BEGINNING at the southwest comer of Tract "E" being on the arc of a curve, concave to the southwest (radial line to said point bears N83021 '08"E); thence northwesterly along the west line of said Tract "E" and the arc of said curve, having a radius of 1851. 74 feet, a central angle of 00036'41" and an arc distance of 19.76 feet; thence N89050'25"E, 255.62 feet; thence NOoo09'35"W, 10.00 feet; thence N89050'25"E, 31.94 feet; thence NOoo09'35"W, 3.50 feet; thence N89050'25"E, 217.01 feet; thence NOoo09'35"W, 47.55 feet; thence N89050'25"E, 3.15 feet; thence NOoo09'35"W, 40.00 feet; thence N89050'25"E, 61.25 feet; thence SOoo09'35"E, 8.50 feet; thence N89050'25"E, 302.71 feet; thence NOoo09'35"W, 125.24 feet; thence S89050'25"W, 36.00 feet; thence NOoo09'35"W, 5.00 feet; thence S89050'25"W, 301.75 feet; thence SOoo09'35"E, 41.17 feet; thence S89050'25"W, 239.55 feet; thence SOoo09'35"E, 69.11 feet; thence S89050'25"W, 52.14 feet; thence NOoo09'35"W, 481.73 feet to point on a line 30.00 feet north of and parallel with the north line of said Tract "E"; thence N88026' \3"E, along said parallel line, 782.21 feet to a point on the northerly extension of the east line of said Tract "E"; thence SOI034'16"E, along said northerly extension and said east line, 552.51 feet; thence S89050'25"W, 516.25 feet; thence SOoo09'35"E, 80.67 feet to a point on the south line of said Tract "E"; thence S89050'25"W, along said south line, 519.23 feet to the POINT OF BEGINNING. The above described property contains 8.463 acres (368,653 square feet) and is shown as a portion of Tract E and a portion of Tract A on a Boundary Survey for Home Depot U.S.A., Inc. and First American Title Insurance Company prepared by Avirom & Associates, Inc. (Michael D. Avirom, Professional Land Surveyor No. 3268) dated December 16, 1997, last revised on March .. 24, 1998, which plat of survey is incorporated herein and by this reference made a part hereof. H,IBMGIBMGI14SIS.02Il.EGALI1A Joint Pylon . Option 1 Interstate 95 t- T i I 10'~ t Exhibit D ~ no_~ "- '"-___ PI. - ".... 11I1IM ....- T1IDUaI.a. -- 11lD_CIlll -...... GI/11ltl 0111.... e;. S! e;. TENANT .. i I ~I TENANT ,+-- I . TENANT 9 .. i I q ;., Ca..uNsSIGNs . cu,___ --- ".._~ ."1"''' -..... -..- .c.-...._,._... ------..-- ..-.... ......... ....----...... -..--.-... ___...._.CIIIII.... ------- ..c.._____ ---.--- - <0--.-_ i.;l '" 1., ~i " I 'T, ~I I 9. ,",' 91 '"'I . i I -- r ElC hi bit E. t "'-,-~. -'" TS 10' X '0" CI/ou t'lw K.. c.,.. L__ Boyn1M leu.. n " , o. ~ -. i . D....'Dftlp 01/15191 IIeoIp N...... 2J01.CDa 8'~" SHOPPE'S AT WOOLBRIGHT Scale: 114" ,. 1'~ "'_If1a_.. a.JIIlI ..... c.s... __01 ~'SSlG.'iS . 41S...fiIM.... ~~M.I ".-- i,J.6.fU.IJ1'''' ..........----..-\ .c....... ....-... --.-...-- ,...".....r........_.. .......:-..........-.,.... -..--.-.......... _..............r.:.....l;IIIa .. 'IW__.......__ ...c._......____ ---........-..--.. - EXHIBIT F Legal Description Tract "0" and Tract "F', SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT PLACE, P.U.D., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, Public Records of Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast comer of said Section 29, thence along the East line of said Section 29 North 01 degrees, 34'16" West, a distance of 189.66 feet; thence departing said East line and perpendicular to the preceding course South 88 degrees, 25'44" West, a distance of 100.00 feet to the Point of Beginning. From the Point of Beginning; thence South 89 degrees, 50'25" West, a distance of451.98 feet; thence South 77 degrees, 30'21" West, a distance of324.66 feet; thence North 00 degrees, 09'35" West, a distance of 550.35 feet; thence South 89 degrees, 50'25" West, a distance of 177.64 feet to the beginning of a non-tangent curve having a radius of 1851.74 feet, from which a radial line bears South 84 degrees, 19'01" West, thence Northwesterly along the arc of said curve, subtending a central angle of 00 degrees, 57'52" a distance of31.17 feet to the beginning ofa non-tangent line; thence North 89 degrees, 50'25" East, a distance of519.23 feet; thence North 00 degrees, 09'35" West, a distance of33.oo feet; thence North 89 degrees, 50'25" East, a distance of 467.41 feet; thence South 01 degrees, 34'16" East, a distance of292.95 feet; thence South 88 degrees, 25'44" West, a distance of 50.00 feet; thence South 01 degrees, 34'16" East a distance of250.98 feet to the Point of Beginning. TOGETHER WITH: A parcel ofland lying with Tract "E", according to said Plat more particularly described as follows: Begin at the Southeast comer of said Tract "E"; thence South 88025'44" West, a distance of 50.00 feet; thence North 01034'16" West, a distance of2.95 feet; thence South 89050'25" West along a South line of said Tract "E", a distance of467.41 feet; thence North 00009'35" West, a distance of 47.67 feet; thence North 89050'25" East along a line 47.67 feet North of (as measured at right angles) and parallel with the South line of said Tract "E", a distance of516.25 feet; thence South 01034'16" East, a distance of49.40 feet to the Point of Beginning. EXHIBIT F Legal Description - 8.463 Acre Tract A portion ofTract "E", SHOPPES OF WOOLBRIGlIT P.C.D., Part of WOOL BRIG lIT PLACE, P.U.D., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, and a portion of Tract "p.:', Woolbright Place Plat 1, recorded in Plat Book 67, Page 47, Public Records of Palm Beach County, Florida, more particularly described as follows: BEGINNING at the southwest comer of Tract "E" being on the arc of a curve, concave to the southwest (radial line to said point bears N83021 '08"E); thence northwesterly along the west line of said Tract "E" and the arc of said curve, having a radius of 1851. 74 feet, a central angle of 00036'41" and an arc distance of 19.76 feet; thence N89050'25"E, 255.62 feet; thence NOoo09'35"W, 10.00 feet; thence N89050'25"E, 31.94 feet; thence NOoo09'35"W, 3.50 feet; thence N89050'25"E, 217.01 feet; thence NOoo09'35"W, 47.55 feet; thence N89050'25"E, 3.15 feet; thence NOoo09'35"W, 40.00 feet; thence N89050'25"E, 61.25 feet; thence SOoo09'35"E, 8.50 feet; thence N89050'25"E, 302.71 feet; thence NOoo09'35"W, 125.24 feet; thence S89050'25"W, 36.00 feet; thence NOoo09'35"W, 5.00 feet; thence S89050'25"W, 301.75 feet; thence SOoo09'35"E, 41.17 feet; thence S89050'25"W, 239.55 feet; thence SOoo09'35"E, 69.11 feet; thence S89050'25"W, 52.14 feet; thence NOoo09'35"W, 481.73 feet to point on a line 30.00 feet north of and parallel with the north line of said Tract "E"; thence N88026'13"E, along said parallel line, 782.21 feet to a point on the northerly extension of the east line of said Tract "E"; thence SOl034'16"E, along said northerly extension and said east line, 552.51 feet; thence S89050'25"W, 516.25 feet; thence SOoo09'35"E, 80.67 feet to a point on the south line of said Tract "E"; thence S89050'25"W, along said south line, 519.23 feet to the POINT OF BEGINNING. The above described property contains 8.463 acres (368,653 square feet) and is shown as a portion of Tract E and a portion of Tract A on a Boundary Survey for Home Depot U.S.A., Inc. and First American Title Insurance Company prepared by Avirom & Associates, Inc. (Michael D. Avirom, Professional Land Surveyor No. 3268) dated December 16, 1997, last revised on March 24, 1998, which plat of survey is incorporated herein and by this reference made a part hereof H:\BMG\BMG\1458S.02\LEGALBIA EXHIBIT F Legal Description - 6.153 Acre Tract A portion of Tract "E", SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT PLACE, P.U.D., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, and a portion of Tract "ft.:', Woolbright Place Plat I, recorded in Plat Book 67, Page 47, Public Records of Palm Beach County, Florida, more particularly described as follows: COMMENCING at the southwest corner of said Tract "E" being on the arc of a curve, concave to the southwest (radial line to said point bears N83"21'08"E); thence northwesterly along the west line of said Tract "E" and the arc of said curve, having a radius of 185 1. 74 feet, a central angle of 00036'41" and an arc distance of 19.76 feet to the POINT OF BEGINNING; thence continue northwesterly along the arc of said curve, having a radius of 1851.74 feet, a central angle of 11.57'06" and an arc distance of386.27 feet to a point of reverse curvature ofa curve, concave to the northeast; thence northwesterly along the arc of said curve, having a radius of 1438.26 feet, a central angle of07"10'Or and an arc distance of 179.9S feet; thence N37"35'20"E, 46.53 feet to a point on a line 30.00 feet north of and para11el with the north line of said Tract "E"; thence N88"26'13''E, along said parallel line, 349.04 feet; thence SOOOO9'35''E, 481. 73 feet; thence N89"50'2S"E, 52.14 feet; thence N0OOO9'3S"W, 69.11 feet; thence N89"50'25"E, 239.5S feet; thence NOO"09'3S"W, 41.17 feet; thence N89"50'2S''E, 301. 75 feet; thence SOO.09'3S"E, 5.00 feet; thence N89.50'2S''E, 36.00 feet; thence SOO.09'3S''E, 125.24 feet; thence S89"SO'25"W, 302.71 feet; thence NOOOO9'35''W, 8.50 feet; thence S89"50'25"W, 61.25 feet; thence S00"09'35"E, 40.00 feet; thence S89"SO'2S''W, 3.15 feet; thence SOO.09'3S"E, 47.55 feet; thence S89"SO'2S"W, 217.01 feet; thence Soo"09'3S''E, 3.S0 feet; thence S89.50'2S"W, 31.94 feet; thence SOO"09'3S"E, 10.00 feet; thence S89"SO'2S"W, 2SS.62 feet to the POINT OF BEGINNING. The above described property contains 6.1S3 acres (268,011 square feet) and is shown as a portion of Tract E and a portion of Tract A on a Boundary Survey for Home Depot U.S.A., Inc. and First American Title Insurance Company prepared by Avirom & Associates, Inc. (Michael D. Avirom, Professional Land Surveyor No. 3268) dated December 16, 1997, last revised on March 24, 1998, which plat of survey is incorporated herein and by this reference made a part hereof. _...-.'........ .. "'.- Prepared by and after recording rerom to: James B. Jordan, Esq. Sutherland, Asbill & Brennan LLP 999 Peachtree Street. NE Atlanta, Georgia 30309 UNITY OF TITLE In consideration of the issuance of a permit to HOME DEPOT U.S.A., INC., for the construction of Expo Design C~nter in the City of Boynton Beach, Florida, the Undersigned hereby agrees to restrict the use of the property described in Exhibit A hereto in the following manner: 1. Said property shall be considered as one plot and parcel ofland, and that no portion of said plot and parcel ofland shall be sold, transferred, devised or assigned separately, except in its entirety as one plat or parcel ofland. 2. The Undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be binding upon the undersigned, their heirs and assigns. Release of this Unity of Title must be approved by the administrative head of the Boynton Beach Department of Development and ratified by the City Commission. 3. The Undersigned further agrees to record this instrument in the Public Records of Palm Beach county at his (her) expense. Sealed, sealed, executed and acknowledged on this ~ay of 1r;ruuJv ,1998. Signed, sealed and delivered in the presence of: HOME DEPOT U.S.A., INC. a Delaware corporation By: ~ tllN7 Name: C0.!{O L 101'Y1€..' 3-~-'1:D~ Title: '\I;oe.... 1J(~ick.f1:b- \?~e!'.\J u Witne~G(tLw1lJ.t.e..L Print Name:Mn.n1 B1J+h I ~Or<"€.- Wi_'~'~ Print Name: J~l! /L./l.t.;?U-- STATE OF GE~~ COUNTY OF n . The foregoing ins:n~:~ ac~~ledged before me this 60 day of ~, ,1998, by (' o...r-o \ ICI'Y""e..-' "\J ' \1.' ..:- fl;!~ME DEPOT U.S.A., INC., a Delaware corporation, on behalf of the corporation, which individual is personally known to me or has produced a driver's license as ide, ficatior and who . not ake an oath. [Seal] _ .otr.ry P:.tblic "&,:; eo...-~ My Commission Expires: [Seal] NalIuyPubllc. Fulton County, c;eorgla UyCOmmlsslon expires July 11, 2000 EXliIBIT A Legal Description Tract "D" and Tract "F', SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT PLACE, P.U.D., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, Public Records of Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast comer of said Section 29, thence along the East line of said Section 29 North 01 degrees, 34'16" West, a distance of 189.66 feet; thence departing said East line and perpendicular to the preceding course South 88 degrees, 25'44" West, a distance of 100.00 feet to the Point of Beginning. From the Point of Beginning; thence South 89 degrees, 50'25" West, a distance of 451.98 feet; thence South 77 degrees, 30'21" West, a distance of324,66 feet; thence North 00 degrees, 09'35" West, a distance of550.35 feet; thence South 89 degrees, 50'25" West, a distance of 177.64 feet to the beginning ofa non-tangent curve having a radius of1851.74 feet, from which a radial line bears South 84 degrees, 19'01" West, thence Northwesterly along the arc of said curve, subtending a central angle of 00 degrees, 57'52" a distance of 31.17 feet to the beginning of a non-tangent line; thence North 89 degrees, 50'25" East, a distance of519.23 feet; thence North 00 degrees, 09'35" West, a distance of33.00 feet; thence North 89 degrees, 50'25" East, a distance of 467.41 feet; thence South 01 degrees, 34'16" East, a distance of292.95 feet; thence South 88 degrees, 25'44" West, a distance of50.00 feet; thence South 01 degrees, 34'16" East a distance of250.98 feet to the Point of Beginning. TOGETHER WITH: A parcel ofland lying with Tract "E", according to said Plat more particularly described as follows: Begin at the Southeast comer of said Tract "E"; thence S.outh 88025'44" West, a distance of 50.00 feet; thence North 01034'16" West, a distance of2.95 feet; thence South 89050'25" West along a South line of said Tract "E", a distance of467.41 feet; thence North 00009'35" West, a distance of 47.67 feet; thence North 89050'25" East along a line 47.67 feet North of (as measured at right angles) and parallel with the South line of said Tract "E", a distance of516.25 feet; thence South 01034'16" East, a distance of49.4O feet to the Point of Beginning. H,IBMG'BMG\145Bl.02\UNITY.LllG TOGETHER WITH A portion of Tract "E", SHOPPES OF WOOLBRlGill P.C.D., Part of WOOL BRIG ill PLACE, P.U.D., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, and a portion of Tract "A", Woolbright Place Plat 1, recorded in Plat Book 67, Page 47, Public Records of Palm Beach County, Florida, more particularly described as follows: BEGINNING at the southwest corner of Tract "E" being on the arc ofa curve, concave to the southwest (radial line to said point bears N83021'08"E); thence northwesterly along the west line of said Tract "E" and the arc of said curve, having a radius of1851.74 feet, a central angle of 00036'41" and an arc distance of 19.76 feet; thence N89050'25"E, 255.62 feet; thence NOoo09'35"W, 10.00 feet; thence N89050'25"E, 31.94 feet; thence NOoo09'35"W, 3.50 feet; thence N89050'25"E, 217.01 feet; thence NOoo09'35"W, 47.55 feet; thence N89050'25"E, 3.15 feet; thence NOoo09'35"W, 40.00 feet; thence N89050'25"E, 61.25 feet; thence SOoo09'35"E, 8.50 feet; thence N89050'25"E, 302.71 feet; thence NOoo09'35"W, 125.24 feet; thence S89050'25"W, 36.00 feet; thence NOoo09'35"W, 5.00 feet; thence S89050'25"W, 301.75 feet; thence SOoo09'35"E, 41.17 feet; thence S89050'25"W, 239.55 feet; thence SOoo09'35"E, 69.11 feet; thence S89050'25"W, 52.14 feet; thence NOoo09'35"W, 481.73 feet to point on a line 30.00 feet north of and parallel with the north line of said Tract "E"; thence N88026' 13"E, along said parallel line, 782.21 feet to a point on the northerly extension of the east line of said Tract "E"; thence SOI034' 16"E, along said northerly extension and said east line, 552.51 feet; thence S89050'25"W, 516.25 feet; thence SOoo09'35"E, 80.67 feet to a point on the south line of said Tract "E"; thence S89050'25"W, along said south line, 519.23 feet to the POINT OF BEGINNING. The above described property contains 8.463 acres (368,653 square feet) and is shown as a portion of Tract E and a portion of Tract A on a Boundary Survey for Home Depot U.S.A., Inc. and First American Title Insurance Company prepared by Avirom & Associates, Inc. (Michael D. Avirom, Professional Land Surveyor No. 3268) dated December 16, 1997, last revised on March 24, 1998, which plat of survey is incorporated herein and by this reference made a part hereof H:\BMG\BMG\14S8S.02\LEGAL.81A __O!LQl~~ WED 12: 34 FAX GREE~BERG FARROW 141004 MlB.!:EMENT REGARDING FURTHER DEVELOPMENT THIS AGREE!\IENT (this "Agreement") dated as of this _ day of , 1998, is made and entered intc by and between HOWARD R. SCHARLIN, as Trustee C"Scharlin"), and HOME DEPOT U.S.A. INC., a Delaware corporation C"HD"). PRELIMINARY STATEME)'IIT A. Scharlin is the owner in fee of certain real property located at S. W. 8th Street and Purple Heart Way in the City of Boynton Beach, Palm Beach County, Florida, consisting of ~ acres more particularly described on Exhibit"A" annexed hereto (the "Future Retail Parcel"). The Futuretetail Parcel includes an approximate 20,000 square-foot area shown as the Future Retail Area Che'einafter referred to as the "Future Retail Area") on that certain site plan (the "Revised Site Plan") .ttached hereto as Exhibit B. B. HD is he owner in fee of certain real property comprising approximately ten (10) acres (the "Depot Pare :1") located adjacent to the Future Retail Parcel. Existing improvements on. the HD Parcel iI'clud: a building (the "Home Depot Stc.re") containing approximately 102,000 square feet of ground floor area exclusive of mezzanine, a garden area and truck loading docks, customer pickup and c Dmpactor facilities and related parking and site facilities in the areas indicated on the Site Plan. C. HD is also the owner in fee of certain real property consisting of approximately ~ _ acres (th" "Expo Parcel") located adjacent to the Future Retail Parcel on which HD intends to develop and operate an approximately 88,000 square-foot Expo Design Center store (the "Expo Store") and related parking facilities. The Expo Parcel and the Depot Parcel are herein collectively referred tc as the "HD Parcel". The lID Parcel is more particularly described on Exhibit ~ annexed hereto. D. Scharlm and HD are parties to that certain Reciprocal Easement and Operation Agreement dated Fel:ruary 12, 1990, as recorded in the Public Records of Palm Beach County, Florida in Official Records Book 6378, Page 1953 on March 8. 1990, as amended by Instrument dated August 18, 1991, recorded at Buok 7850, Page 1577 on August 23,1993, aforesaid records (the "REA"). E. Scharln and HD wish to enter into this agreement for the purpose of agreeing to certain aspects as to tl: e further development of Scharlin' s Parcel and the HD Parcel in the comext of the REA and otherwise. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the REA. H:\R.EG\JB1\l4S85\02\DOCS\AG'" TREDE.2. t 03/24/1998 7:01 pm 04/01/98 WED 12: 35 FAX GREENBERG FARROW ~005 STATEMENT OF AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and other g(,od and valuable consideration. the receipt and sufficiency of which ~ ~ hereby acknowledged. Scharlin and HD hereby grant, covenant and agree as follows: 1. Site PI Ul. HD and Scharlin hereby approve the re. iae.. Site Plan llttoollca herete as Cxhibit El (tl.~ "Re, i3ea Site riM"} Revised Site Plan and the location of all buildinlZs and other imorovements d :oicted thereon. All references to the "HD Parcel" in the REA shall mean the property described on Exhihit C hereto. 2. !LrJuI1of Specllic Drainace Easement. In supplementation of the general utility easements gran tell. pursuant to the REA, each of HD and Schartin hereby grants and conveys to the other, lor the benefit ofthe other's Parcel, a perpetual easement in, to, over, under and across each other's Parcel for the purposes of installation, operation. use, maintenance, repair and replacement ofth: existing underground storm drainage line located therein and running off the Scharlin Parcel into the right of way of Purple Heart Way. 3. fIWL Silm. Section 1.04 ofllie REA is hereby deleted. HD and Scharlin acknowledge that there currently exists one pylon sign at the intersection of Woolbright Place and SW 8th Street ratlter than two pylon signs as contemplated by the REA. HD and Schartin agree as follows regarding such pylon sign: a. HD and Scharlin agree to work together in good faith in an attempt to obtam such permits alld approvals as are necessary to modify the existing sign consistent with the drawing attached Itereto as Exhibit D. In such event, HD shall be entitled to the two sign panels in the positiom' shown for the Home Depot and Exp<l sign panels on such drawing and Scharlin shall be entit led to allocate the remaining panels among tenants and occupants of Scharlin's Parcel as h: sees fit. b. In the event that the permits and approvals necessary to modify the existing sign in the m mner contemplated in subparagraph 3(a) above are not obtained but HD and Scharlin are perm itted by the City of Boynton Beach to continue to utilize the existing pylon sign as depicted on f;lhibit E hereto, then HD shall be entitled to the two sign panels in rhe positions shown thereon for the Home Depot and Expo sign panels and Scharlin shall be entitled to allocate the remain,ng panels among tenants and occupants of Scharlin's Parcel a. he sees fit. c. In the event that the permits and approvals necessary to modify the existing sign in the milll11er contemplated in subparagraph 3(a) above are not obtained and HD and Scharlin are not ~ermitted by the City of Boynton Beach to continue to utilize the existing sign, HD shall have tlie right in the aggregate to no less than 160 square feet of space on whatever pylon sign is devoted to the Center for the display of signs for the Home Depot Store H:\REG\JBJ\ 145S5\(l2\DOCS\AG~ ITRbDE.2.j 2 o3/24/19981:111 pm ___Jl_YOl/98 WED 12: 37 FAX GREENBERG FARROW I4i 006 and the Expo Store wld Scharlin shall be entitled to alloc ite tfte anv remaining panels among tenants and occupants ofScharlin's Parcel as he sees fit, d. Scharlin shall reimburse HD for its proportionate share of the costs of constructing, modifying, lighting, maintaining and repairing the pylon sign based on the ratio of the area ofms sign pa~els to all sign panels on the pylon sign. Scharlin shall have reasonable access to the HD Parc~l for purposes of erecting, maintaining, repairing and/or replacing his sign panels on the pylon si gn. 4. ~Ild Easement. No building or other similar structure or improvement shall be constructed on tho!:e portions of the Future Retail Parcel designated as the "No Build Easement" on the Re\ ised Site Plan. Paved oarkin!! SDaces mav be located in said No Build Easement Areas. 5. MlliInmaDce of Landscaped Areas. a. The maintenance of the landscaping in the medians located on S.W. 8th Street adjacent to the :::enter shall be maintained and operated by the Woolbright Place Master Association, Inc. pursuant to a separate agreement and shall therefore not be the subject of this Agreement. b. Each of Scharlin and HD shall maintain, at its sole cost, the landscape strips located in those portions of the rights of way ofSW 8th Street and Purple Heart Way adjacent to its Parcel :md'in the adjacent landscaped buffers located on tile its Parcel. Such maintenance shall be )erfonned in accordance with the requirements of the City of Boynton Beach. 6. Lildl!i.1l2. Sc arlin agrees that the Additional Outparcels located in front of the Expo Parcel and depi, :ted on the Revised Site Plan shall be lighted in a manner consistent with the lighting of the Expo Parcel such that the lighting of the Additional Outparcels shall not be brighter or dimmer th ill the lighting of the Expo Parcel. 7. ~l&. In addition to the parking requirements established by the REA, no building or other structure shall be permitted on the HD Parcel or Scharlin's Parcel or the Additional Outparcel:: if such building or other structure would reduce the parking ratio within any such Parcel or Ac ditional Outparcels, as the case may be, to fewer than the number of parking spaces actual y needed to meet the effective needs of the customers and invitees of such Parcel or Additional Outparcels, as the case may be. The intent of this provision is to avoid the need to use parking spaces on any other Parcel for the operation of the business on the subject Parcel or Additional Outparcels, as the case may be. In no event shall this provision detract from or negate the grant of parking easements pursuant to subsection 1.0lCb) of the REA. H:\Rf(N8J\14585\02\DOCS\AGt,. TREDE.2-1 3 OlI24f1t)Q8 7:01 pm O~!01/98 WED 12:38 FAX GREENBERG FARROIV 141007 8. Amenclment of Use Restrictions. The use restrictions established by the REA are amended as follo\\ s: a. Notwithstanding the last sentence of subsection 3.01(f) of the REA, in no event shall any portiOll ofScharlin's Parcel be used as health spa, exercise facility or movie theatre. b. Notwithstandine: the terms of subsection 3.0l! 11:) of the REA the Scharlin Parcel may be used fa r the sale of furniture (but not for tbe sale of nooL ,oatio or lawn furniture). S. !n addition to the restrictions set forth in subsection 3.01(g) of the REA, no portion ofScharlin's Parcel (other than any outparcels previously conveyed to third parties unless otherwise already restricted by the REA) shall be used for a home design center or for the sale of home security ievices, lighting, appliances, tubs, sinks, mirrors, vanities, counter tops, other components oft orne improvements or floor coverings (including tile) except for the incidental sale of suet items (as hereinafter defined): orovided. however. this restriction shall not orohibit the offerinil ()fhome desirn and decoratioe services on an ancillary basis bv a full line furniture store. -:- e g. For purposes of subsection 8(b) above and section 3.01(g) of the REA, the use ofless than 2,000 square feet fef tfle slIle IIf 1m) re~trietcd items in the aggregate on Scharlin's Parcel f2L.!he sale of the items restricted bv such subsection 81b) on section 3 Ol(a) shall constitute the "iriCidental sale" of such items and shall 'lot be deemed to constitute a violation hereof. 9. ~ioo of Business 00 un Parcel. Subsection 3.01 G) of the REA is deleted In its entirety. In the "vent HD has not used for a successive period of one year or longer (exclusive of any peri)d of renovation, remodeling or restoration) the HD Parcel for a home. improvement center 0 r home improvement design center, the restrictions of subsection 3.0 leg) of the REA, as modified above, shall be null and void. 11. AdditiDul Outnarcel Restrictions. The restrictions of section 3.02 of the REA. are amended as follov'9, shall apply to the Additional Outparcels: a. The restrictions as to building height and maximum building floor area specified in section 3.02(a) are deleted as to the Additional Outparcels. b. A.cess to the Additional Outparcels shall be by no more than two (2) curb cuts located in the "P, ~mllSsible Curb Cut Area" depicted on the Revised Site Plan. 12. llinlllpment of tbe Future Retail Parcel. The Owners acknowledge and agree that Scharlin intends 10 develop the Future Retail Parcel for shopping center and related retail H,\REG\JBJ\1458S\02\DOCS\AG~ TREDE.2-1 4 OJ/2411998 7:0 I pm 04/01/98 WED 12:39 FAX GREENBERG FARROW ~008 uses with common rOldways and parking areas with the Center as indicated on the Revised Site Plan. The following I rovisions shall govern the development ofthe Future Retail ParceL a. Scharlin shall construct and develop the Future Retail Parcel as part of the Center in accordance' ",ith all the terms and provisions of this Agreement, and the plans and specifications as reasc~ approved by HD, and in a good md workmanlike manner reasonably designed to minimize any interference with the HD Parcel. Any modifications, revisions or additions to the plans md specifications for the Future Retail Parcel after HD approval shall require the prior writt,m reasonable approval ofHD. All such work called for in the approved plans and specificatiols shall be done at Scharlin's sole cost and expense in accordance with all requirements oflaw, itlcluding all rules, regulations, ordinances, statutes and guidelines promulgated by any a)plicable governmental or quasi-governmental authorities, agencies or organizations. Scharl in will apply for and obtain, at its own expense, any and all necessary governmental approvals for the on and off-site improvement work to the Future Retail Parcel, including without limitation, the building permit for any of its improvements. Scharlin shall indemnify, defend, he Id and save HD and its agents, servants, employees, officers and directors hannless from any ani all losses, damages, liabilities costs or expenses arising or alleged to have arisen out of any intelltionally tortious or negligent act or omission of Scharlin, his agents, contractors, subconl17ctors, servants. employees, licensees or invitees in connection with any construction work to he performed by or at the direction ofScharlin. b. In addition to any other limitations set forth in this Agreement, Scharlin hereby covenants and agrees with HD that any building constructed on the Future Retail Parcel shall be architecturallf compatible with the Expo Store (~ubiect. in the case of national tenants ha\tine in excess of 100 stores. to the incomoration of such tenant's nrototvoe national store. fronn. the height of s1lch building (including all roof top apparatus and architectural embellishments) shall not exceed the height of the Expo Store and such building shall nOl protrude in front of the Expo Store (i.e., be located nearer S.W. 8th Street than the Expo Store). c. Such improvements shall also comply with the following architectural and construction requirerr .ents: (i) The building finished floor or pavement of any building on the Future Retail)arcel shall not be more than 18 inches below the finished floor of the building cons1 ructed on the Expo Parcel. (ii) The IClculift~ doek!C1, it.g No oonion of any such building shall be constructed sleh that the footings and foundations of the Expo Store are !let undermined or adversely a ffected in any manner. d. Scharlin and HD hereby grant to the other a non-exclusive right and easement to install, rr aintain, repair and replace canopies, roof flashing, roofs arId other like proj eClions and any illsubstantial encroachments attached to the improvements to be constructed H '\RfO\TBI\14S8S\02\DOCS\Am [TREDE.2-1 5 ()J/24:l9987:0Ipm 04/01/98 WED 12:41 FAX GREENBERG FARROW ~009 on the Expo Parcel ani the Future Retail Parcel; provided, however, that any such encroachment (i) shall be subject to lhe prior written approval ofthe owner of the Parcel affected thereby (whiCh approval shall not he unreasonably withheld or delayed); (ii) shaH not materially or adversely interfere wi 1h the use and operation of visibility of the Parcei burdened thereby; and (iii) shall not require the removal or alteration of any building or other improvements located on the Parcel burdened tbereby. e. Subject to the following provisions of this subsection 12(e). HD and Scharlin hereby speciically consent to the placement of buildings on the Future Retail Parcel and the Expo Parcel in th~ locations shown on the Site Plan: (i) lID Illod Seltallillllvcc!hllt 1111 Q!! buildings constructed on the Future Retail Pllreelll~d EXI'Il Parcel shall comply with the following reqUlrements: (i) no building shall be comtructed within sixty (60) feet of any common boundary lines unless such building (hereinafter referred to as the "Adjacent Building") shall be located immediately adjacent to the comm>ll boundary line and is attached to the building, if any, on the adjacent Parcel; (ii) if an Adjat:ent Building exists, then no building shall be located within sixty (60) feet of the Adjacent Build:ng unless such building is attached te the Adjacent Building (the Adjacent Building and all othel buildings on the Parcel that are attached to the Adjacent Building and to each other are hereim fier referred to as the "Building Group") (iii) any building that is not part of the Building Group shall be located at least sixty (60) feet from the Building Group; and (iv) the Adjacent Building or the Building Group, as the case may be, shall comply with the building code requirements apllicable to an "unlimited area" buildmg. includi'lg, without limItation, the Installation of any apl !roved sprinkler system for fire protection. (ii) In addition to the requirements set forth above, the parties hereto agree that no buildin! shall be placed or constructed on the Parcels in a manner which will, based on the then existing g Dvemrnental regulations, either preclude the construction of an "unlimited area" building, or cause an existing "unlimited area" building thereon to (i) no longer be in conformance with applicable building code requIrements; or (ii) require a change of "fire rating" to comply with such codes; or (iii) require the use of different building materials or other alterations to the exis:ing building to comply with such codes. f-:-Sehilf'lift h~lah) !'IBllts tm6 aaa.&)! te [ID~ fer the bendjt <\[ttl. Ex~e PMGel, Ii j}CIl'ctttal aeee,u C4.3G.nGl1t ia, a..,er Mid t~ the reallhor>>Glt) a~iet:d all tl..e RG...i.sGa SitG Pltm 83 the ".\cee33 JZoocfilent Atea" fer t:fte pltrpaae ef tl(eeS8 ta ~Ha flaW! the Expe. PMtd. g. If Scharlin co: IStructS improvements on the Future Retail Area after HD's store on the Expo Parcel is open lor business, Scharlin shall perform such constrJction so as not to deprive HD of the use of any parking areas, driveways, entranceways. The location of any staging area and haul roads shall t e silbject to HD's reasonable approval. H:\REG'JBJ\ 14S8~\02\DOCS\Am rrREDE.2.J 6 03f241ll)9g 7:01 pm 04/01/98 WED 12:42 FAX GREENBERG FARROW ~010 13. ~5e in Liability Insurance Limitations. The required amount of liability insurance requIred pu"suant to section of the REA is increased from $1,000,000 to $3,000,000. 14, Allsilli~nllll Addresses for Notice Purooses. Article IX regarding notices is amended to provide a: follows: A copy of any notice 0 Scharlin should be sellt to: c/o Morton Group 902 Clint Moore Road, Suite 124 Boca Raton, Florida 33487 Altn: Michael Morton A copy of any notice 10 ED should be sent to: James B. Jordan Sutherland, Asbill and Brennan LLP 999 Peachtree Street, NE Atlanta, Georgia 30309-3996 15. IgmI~atioD ofExI.tlll~ Allreements. The following documents and instruments. are subsumed hereb), are hereby terminated and thus shall have no further force nor effect: f:i1 Undisturbed Area Easement Agreement between Scharlin and HD dated February, 1990, recorded in O.R. Book 6378, Page 1948, as amended by Amendment to Undisturbed Area Easement Agreement dated August 18, 1993 recorded in O.R. Book 7850, Page 1583, public records of Palm Beach County, Floriia, Ma (ii) DeelMMioll af Re3trieti.~ Ca.enant3 by Se.J1Jtl.1in elated 8.3 ef r cbltlMb 1998, r~etn~le41n O.R. B06k 6:1'78, P4!c 1989, ~ 41uclaled h) Anlenciment t8 DedMatiot~ ReJtricti.e Ce.emm13 aatea 43 of /..\:tgtk1t 18, 1993 ["~efdea i1'l O.R. Beak 78~e, PD.!;e 1574. ---- / 16. !!!l!fud Control. The undersigned Owners, being the owners of the real prope which comprises the 2enter, which entire property is legally described on the attached Exhibit F, declare that this docLment shall bind in perpetuity (to the extent permitted by applicable law) all heirs, assigns, successors and future owners of the Center, to develop, operate and maintain said Center under unified (ontrol, in compliance with the City of Boynton Beach Code of Ordinances and in compliance with cc nditions of approval for all "Development Orders" or "Development Permits" issued for the Center without recourse to the City of Boynton Beach or any other public agency. Exhibit F attached he reto contains a legal description of the entire Center, which legal description has been certified by t ~e surveyor of the Center and indicates the total number of acres of the Center. ~. of th~ REA shall app ly hereto. Without limiting the generality of the foregoing, either party shall be entitled to avail ilsdf of the self-help provisions of section 6.01 of the REA in the event the other party defaults hereun 1er. e extent erwise inco erewith, the provisions 18. ~OD of R~urcbase Ri~bt. The terms of section 11.01 granting Scharlin a repurchase right in Cl rtain circumstances are hereby deleted. H:\RCG'J9J\14j~5\02\DOCS\AG' ITREDE.2.1 7 03t24f19lJ\I 7:01 pm 04/01/98 WED 12: '13 F.\X GREENBERG FARROW 19. MiGdlaneous. (a) If any provision of this Agreement, or portion thereof. or the application thereof to any perso] or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the re:nainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid Fovision affects the consideration for this Agreement; and each provision of this Agreement shall he valid and enforceable 10 the fullest extent pennitted by law. (b) This Agreement shall be construed in accordance with the laws of the State of Florida. (c) The Article headings in this Agreement are for convenience only, shall in no way define or limit t Ie scope or content of this Agreeu:em, and shall not be considered in any construction or interp 'elation of tj-ojs Agreement or any part hereof. (d) l':othing in this Agreement shall be construed to make the parties hereto- partners or joint venm :ers or render allY of said parties liable for the debts or obligations of the other parties. (e) This Agreement shall run with the land and shall be binding upon and inure (0 the benefit ofrhe SllCCessors and assigns of the parties hereto. If) This Agreement may be amended, modified, or tenninated at any time by a declaration in writin!:, executed and acknowledged by aU the parties to this Agreement. or their successors or assigns. This Agreement shall not be otherwise anleruled, modified or tenninated during the tenn hereo f. (g) The tenn "parties" as used in this Agreement shall mean the fee simple title holders of the Parceh. It is specifically understood and agreed that there shall be no personal liability of the parties in respect to any of the covenants, conditions or provisions of the Agreement. In the event ora breac~or default by a party of any of its obligations under this Agreement, the other party shall look solei:' to the equity of the party in its Par~el for the satisfaction of its remedies. H:\REG\1BJ\I.S!l.s\O;2\I)(X::S\AG~ llREDE.2.1 8 OJ/24119gS 7:01 pm ~01l , I ), 04/01/98 WED 12:44 FAX GREENBERG FARROW ~012 IN WITNES:i WHEREOF, the parties hereto have caused their duly authorized representatives to exetute this Agreement under seal as Oflhe day and year first above written. SCHARLIN: Witness (SEAl) Howard R. Scharlin, Trustee, Individually, and as Trustee under agreemenl dated December II. 1986 Witness Iill: HOME DEPOT U.S.A., INC. Witness By: Name: Title: Witness STATE OF FLORID, \ COUNTY OF The foregoing instrument was acknowledged before me this 1998, by HOWARD'~ SCHARLIN, Trustee. day of Notary Public My Commission Expires: H.\REG\JBII1458j\02\DOCS\AG~ lTREDE.:z..) 9 OJ/24/tIJ98 7:01 pm ___04/01/98 WED 12:45 FAX GREENBERG FARROW ~013 STATE OF GEORGL\ COUNTY OF The foregoing instrument was acknowledged before me this _ day of 1998, by of HOME DEPOT U.S.A., INC., a Delaware corporation, on behalf of the corporation. - Notary Public My Comnllssion Expires: fi:\REG\1B^14j85\02\DOCS\AG~ ITREOE.2-1 10 03/24/1998 7m pm 04/01/98 WED 1~:45 FAX GREENBERG FARROW 1QJ014 LIST OF EXHIBITS: EXHIBIT A 1 Lt,!al at3tril'tioa efSeftarlifl PitL<:eJ EXIIII3IT .\ 2 Legal c:escription of Future Retail A:rea Parcel EXHIBIT B Site Plan (marked to show Future Retail Area. Foed Coo1f't P~,d, At1to Pfll~d, ~.vC3~, il'ld Pm ed, Additional Outparcels, PCl'Il'littca Btlilaillg Area, ~\1f5 ell! let4tiol~J, r~ 13tlild EItJ~ef'lt) Pennissible Curb Cut Area. No Build Easements) Legal description of the HD Parcel Drawing of Modified Pylon Sign Drawing of Existing Pylon Sign Legal Description of Center EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F 11 03124il998 7:01 ~m H:\REG\JBJ\14585\02\DOCS\AGl\ 111t.EDE.2.1 04.01/98 WED 12:46 FAX GREENBERG FARROW ~015 1\ ;;I ~~ O. ";:J , I . ~;> 1<,' '~ , I >~ ,~~~.', , I 1-1"'1 ~' , ~--.-:'-~~.... ,I!:' . ;-7\1 ~ ., -- JjU " -'"'I~. .~:~.- =-=--:c-=-=--:c----.-; LL_______<__ _ __ .______.J ~ ______ - i Exhibit B ------ \..~ B ' i ' : is I I z... I : ~~ I I ~ : I' , I " , ~ ~ . 1\ ~~ 5'g ',' . ~~ II i I r~ ,"u.L)j": 6 . . ...-:..l . .' .....,.) ..- ; ~ ..- .' ...~. '.,. .~~-'-:: -i~- ,_...-.".........i--s.. ,., ,'.' /, ..- I . .<< -.',::,:'~~'--~.:-=;;~-- ~ ~ II ' ..,,- .....~- ! , j 'it;~i ~ -- I I I ! j~ :qJ;~\ j :J ~: I I! ,::"'/A.:-J I ~! ' ..I _._ i ~ r:'~>~\ I a , i ~ rr=J l, ~,.'e=>'_,~ \.J.' -:.1 l I! '1 II! II I I, ill To' /: <k '2 -.+; i II i I i Ii IT' ?'e:::, = ~ I d:, I I 't. ~ f I I I I :: I 1 -- c_'-~ ~ i: 9,1' ~I!~ i =1f-l......J, ~ !~b ~ ~) ~ I LJ-:i :, II i ! 'I ~ 1 '- "." I, , I I --==., -:k. d::L . ~ <:b r . I , J f__. - -., / - ~ ._~ If-. !I 1" ~ ! ~ Jt:.... i i'; , I I . l. \ , I ~ ~ ji ~ . , ;("' Ii \ " \ \ --':.- ,--. rc:,,-;:-> i> ~ -= ,.- .---~_. '_._~- --____.n _ - ... "I " ~ i: ~ i. '. 'Q!. i: f I . ;-i ~~ ~- ~ " I " "'--~. '"; u_ ~..--....,---=---o...~_ ". _~... ;j: -----, ----.~:.. '~-- 5EA80ARD COAST I..IN[ "....ILlItO....O -....._.1_....__.......__11......._."... I . I I r 1'1 t I A , 1'1 II .. (i ( . A r l II . r II. ~ t CI . ~ '" I; I I I . T I \ , f. I' I I . I I . J.\, ~ I', I 0 I' . ~ ,. I ~ Illj E8 ~.:IIII;lli Illil . . , , , 'I ill U II J so '''iU lUi laj" , I I J "111"1 JII H i ~!j , 'i !1i!'1'=! I ill! II IIi !II, ~Ii J~ ! iii ~l~i i ii! ';'1 I !Ii!' :=; ii' il ~1 ill: .. · if iii . I . ... ~ i ~ i'l.' · · i : ; = I' 'I . ~~i2 ~ . i I ... Ii .- I i II! !~. -I " I III i ': 'I -'. .I1 . I t :;; I~ ,Ir 'I j .' "l' , , l:e~ "'I ., jI! IiI! I ': i i~ ~ f . H ~ I m .. " ... ! I \ , I I .1 ;':1 " ci ~' " ., ~. J . ~, .' ~. ~' . -<, . City of Boynton Beach 100 E Boynton Beach Blvd P.O. Box 310 Boynton Beach,FI 33425 --- Jan-29-2110t 02:211>. 01-033383 ORB 12277 Pg 1644 1....I....I..I.ln..NI~ This instrument prepared by: Jeff Israel, Esq. Home Depot U.S.A., Inc. 2455 Paces Ferry Road, N.W. Atlanta, GA 30339-4024 EASEMENT THIS INDENTURE made this/o'I-Lday of May, A.D., 2000, by HOME DEPOT U.S.A., INC., a corporation existing under the laws of the State of Delaware, and having its principal place of business at 2455 Paces Ferry Road, N.W., Atlanta, GA 30339-4024, first party, to the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: WHEREAS, the first party is the owner of property situated in Palm Beach County, Florida, and described as follows: SEE EXHIBIT "A" ATTACHED HERETO and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar ($1.00) and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for the above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. IN WITNESS WHEREOF, the first party has caused these presents to be duly. executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. i- :_'J '2 'j _i' OP" 1 2277 Pg 1645 By: Its: 1 f, STATE OF GEORGIA ~~~~AN . ~:~tA~Y [S.~~lt~... ~] ~,. v.. o~ -- : \ . ~ ~ t SEAL 1 ~ ,_, ... i 1 L.. .0 , \ o. ,- d , ~.:.:~;~~~;;;~>~.;;' COUNTY OF COBB I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the S ate and County aforesaid to take ac wi dgments, personally appeared an M well known to me to be the . , respectively, of the Corporation named as first party in the foregoing Easement and t they acknowledged executing the-same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this /R6t day of May, A.D., 2000. 'OFFICIAL SEAL' Glenda M. Wi!l!lins Nolary NlIIc StatIl Ii GeorgIa - My Conmislion Expires 12-27.00 ~{6.fif>/M1 Notary Public in and or the a and County aforesaid. My Commission Expires: /~h~/c::?g ORB 2277 Pg 1646 NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT"E""SHOPPES OF WOOLBRIGHT P.C.D. PART OF WOOLBRIGHT PLACE, P.U.D., AS RECORDED IN PLAT BOOK 65. PAGES 137 AND 138 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, BEARING S88.26'13~W. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. DESCRIPTION: A 12.00 FOOT 'MOE WATER DISTRIBUTION EASEMENT LYING IN TRACT "E". "SHOPPES OF WOOLBRIGHT, ", ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 65, PAGES 137 AND 138 AND LYING IN TRACT "A", "WOOLBRIGHT PLACE PLAT 1", ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 67. PAGES 47 THROUGH 49 ALL Of THE PUBLIC RECORDS Of PALM BEACH COUNTY. FLORIDA. THE CENTERLINE Of 'M-lICH BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT "C; THENCE N01'33'47"W, A DISTANCE OF 30.00 FEET TO A POINT OF INTERSECTION WITH A LINE 30.00 FEET NORTH OF PARALLEL WITH THE NORTH LINE OF SAID TRACT "E"; THENCE S88'26'13"W, ALONG SA1D PARALLEL LINE. A DISTANCE OF 120.58 FEET TO THE POINT OF BEGINNING; THENCE SOO'09'35"E. A DISTANCE OF 38.61 FEET TO POINT"A"; THENCE CONTINUE SOO'09'35"E. A DISTANCE OF 432.14 FEET TO P01NT"B"; THENCE S89'SO'25"W, A DISTANCE OF 26.99 FEET; THENCE S52'37'32"W. A DISTANCE OF 116.77; THENCE S89. SO'25"W. A OISTANCE OF 241.29 FEET; THENCE NOO'09'35"W. A OISTANCE OF 91.72 FEET TO POINT"C""; THENCE CONTINUE NOO'09'3S"W, A DISTANCE OF 371.28 FEET TO POINT"O"; Tl-lENCE CONTlNUE NOO' 09'35"W, A DISTANCE OF 30.92 FEET TO A POINT OF INTERSECTION WITH A LINE 30.00 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT"E". AND THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT AFORESAID POINT"A"; THENCE SB9'S5'58"W, A OISTANCE OF 52.89 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT AFORESAID POINT"B"; THENCE SOO.09'3S....E. A DISTANCE Of 49.50 FEET TO P01NT"E"; THENCE CONTINUE SOO.09'35....E. A DISTANCE OF 67.74 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT AFORESAID POINT"C"; Tl-lENCE N88'31'09"W. A DISTANCE OF 19.43 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT AFORESAID POINT"O"; THENCE S89'50'49"E. A DISTANCE OF 41.65 fEET TO mE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT AFORESAID P01NT"E"; mENCE S90'00'00"E. A DISTANCE OF 16.56 FEET TO THE POINT OF TERMINUS. SAID LANDS SITUATE IN Tl-lE CITY OF BOYNTON BEACH. PALM BEACH COUNTY. FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-Of-WAY OF RECORD. ,. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRtBE:D: ~bPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNO"'-EDGE AND BELIEF AS PREP ARm lJNDE\1(.Kt DII'EC'nElN ON SEPTEMBER 15, 1998. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTlOf",( MitT~!~E...::-'~}- " MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED B.. E ~lM OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. ~. _. I; -"'''.. .~, . cO"" , ;,. -::') '.J ,i.# ."..-_.i...I.:_-.-__. DAVID P. LINDe ,-P.~.~' . ,( REG. LAND SU~YQIf' #5005 . SHEET 1 OF 2 STATE. OF FL0f319A.' LB 3591 '.> HOME DEPOT EXPO-WATER DISTRIBUllON EASEMENT SKETCH OF DESCRIPllON REVISIONS O';TC' BY PER AS-BUlL TS 2/26/0 .... 'DAtt 9/15/98 ; SCALE AS SHO,^"" ORN.BY n.H.A CKO.BY OPt flD.BK. N/A PAGE N fA JOB NO. 'H77 OWG (7)WATF"AS 67C~'~~~E~=;'~ ~o~~L~~~ 7J01A west Palm,Uo Por1< Rood - Su;t. l00A Boca Raton. Flarido JJ4JJ (581) - ,392-1991 ORB 12=77 Pg 1647 DOROTHY H. W .'H, ClERK PB COUNTY, FL POINT Of' TERMINUS 589'50' 49~E 41.65' S88'26"3"W(BEARING BASIS) NORTH LINE TRACT "E" '" <:> o o. TRACT "A" (PLAT BOOK 67, PAGES 47 THROUGH 49) POINT OF BEGINNING _S88"26'13"W -. 5 '20.58' g: ~ &~ -. i 500'09'35"[ 36.61' POINT Of' RMINUS POINro NOO'09'3S"W 30.92 TRACT "E" (PLAT BOOK 65. PAGES 137 AND '38) POINT OF TERMINUS S89'S5'58"W 52.89' POINr A. '" 6.00' w ...:.. ...is'' o2~ ...w>- zO", (5Zw a..~& ~8 Ow z 6.00' 6.00' 6.00' WATER DISTRIBUTION EASEMENT GRAPHIC SCALE o 25 50 100 ~ I WATER DISTRIBUTION EASEMENT 1D N ;: '" ( IN FEET ) ,. :" '" '" p o o z '.. N '" .. w :" '" '" p o o <Il I POINrB" S89'50'25"W 26.99' S89'50'25"W 241.29' SOO'09'35"E 49.50' S90'00'OO"E 16.56' OINT OF TERMINUS POINrC" SOO'09'35"E 67.74' TRACT "E" (PLAT BOOK 65. PAGES 137 AND 138) '" POINT Of' RMINUS SHEET 2 OF 2 HOME DEPOT EXPO-WATER DISlRlBUllON EASE~ENT SKETCH Of DESCRIP110N REVISIONS DATE BY PER AS-BUlL TS 2/26/fX SRA DATE 9/11/98 SCALE A~ SHOWN DRN.BY TM~ CKO.BY OPI FtD.BK. N / A PAGE N fA JOB NO. :n77 CWO (7)WATF"A~ (jIc=:-m~E~~ ~a~~L~~~~ 7301 A Weir!: Palmetto Pork Rood - Suite 10ClA Boeo Raton. florldo JJ4JJ (5e1) - J92-1t91