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GRANT OF ACCESS . ,; DEUTSCH IRELAND PI{OPERTIES REPLY TO FORT LAUDERDALE OFFICE Transmittal Date: To: ..~ / Au~st 8, 1 . Alan Capino City of Boynton Beach Project: Quantum Corporate Park F=orvvarcJecJ: (1) copy Grant of Access, Maintenance and Service Easement Remarks: By: Copy: Michael J. Toll Development Manager ~ - ~~ l-tJ THE 110 TOWER, 21 Sf FLOOR, 110 SOUTHEASr SIXTH STREET; FORT LAUDERDALE. FlORIDA 33301-3415 BROWARD (305) 763-8888' FAX (305) 763-8996. PALM BEACH (407) 734-3555' DADE (305) 945-8110 THE BUILDING, 1125 NORTHEASr 125 STREET; NORTH MIAMI. FLORIDA 33161 (305) 891-6806' FAX (305) 895-8241 Return to: MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P .A. DAVID S. PRESSLY, ESQ. POST OFFICE BOX 3888 WEST PALM BEACH, FLORIDA 33402 Prepared by: MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A. DAVID S. PRESSLY, ESQ. POST OFFICE BOX 3888 WEST PALM BEACH, FLORIDA 33402 (Soace above this line for recordina data.) GRANT OF ACCESS. MAINTENANCE AND SERVICE EASEMENT THIS GRANT OF ACCESS, MAINTENANCE AND SERVICE EASEMENT is made this ~ay of 19~, by QUANTUM ASSOCIATES, a Florida General Partnership G ntor"), to QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC., a Florida Not-for-Profit Corporation, its successors and assigns ("Grantee"), whose \ address is c/o Steven W. Deutsch, Esq., 110 Tower, 21st Floor, 110 Southeast Sixth Street, Fort Lauderdale, Florida 33301-3415. WIT N E SSE T H WHEREAS, Grantor is the fee simple owner of that certain property described in Exhibit "A" annexed hereto ("Easement Property"); and, WHEREAS, the Easement Property consists of Parcel 1 and Parcel 2, as described in Exhibit "A" hereto; and WHEREAS, a sign identifying Quantum Park shall be installed/constructed upon Parcell of the Easement Property (hereinafter the "Sign", which term shall include any signs replacing said Sign hereunder); and, WHEREAS, Grantee has requested an easement over, upon and under the Easement Property for the purposes expressed herein below. NOW THEREFORE, for good and valuable consideration paid by Grantee to Grantor, receipt of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and ass i gns, a non-exc1 us i ve easement over, upon and under the Easement Property for purposes of: 1) providing Grantee access to the Sign; 2) allowing Grantee to maintain, repair and reconstruct the Sign, and to replace the Si gn with another sign or :; i gns install ed/constructed by Grantee identifying Quantum Park; 3) allowing Grantee to install, maintain and replace the 1 andscapi ng upon Parcel 1 of the Easement Property; and 4) all owi ng Grantee to install, operate, maintain, repair and replace irrigation lines and electrical lighting and related facilities servicing the Sign and surrounding landscaping. The Grantee shall be ob1 igated to indemnify and hold Grantor (its successors and assigns) harmless from and against any loss, liability, costs, expenses (including, but not limited to, reasonable attorneys' fees), and damages incurred by Grantor (its successors and assigns) as- a result of any personal injury/wrongful death claim or actual damage to property or improvements arising from Grantee's use of the easement granted hereunder. In addition, Grantor (its 1 ) / successors and ,ssigns} shall be added by Grantee (at Grantee's expense) as an additional insured under any insurance policy that may be acquired by Grantee that covers (in whole or in part) any "Common Area" in Quantum Corporate Park, as that term is used in the Declaration of Protective Covenants of Quantum Corporate Park. Further, Grantee shall obta in the written approval of the Archi tectura 1 Revi ew Committee for Quantum Park prior to reconstructing or replacing the Sign hereunder, and prior to installing/constructing any improvements hereunder, all in accordance with the Declaration of Protective Covenants of Quantum Park. This easement shall be for a term of five (5) years ("Term"), shall run with the Easement Property, and shall be binding upon the owner of the Easement Property and its successors and assigns. At the expiration of the Term, unless extended or renewed, th is easement shall automat i cally termi nate, without the recording of any further instrument. IN WITNESS WHEREOF, Grantor has caused this Grant of Access, Maintenance and Service Easement to be duly signed in the manner set forth below. Partner STATE OF FLORIDA COUNTY OF BROWARD J"I- The foregoi ng instrument was acknowl edged before me thi s / ;;Z-,?A.eV.4-}7fi , 1990, by EDWARD B. DEUTSCH, as General Partner of Associates, Florida general partnership, on behalf of the Partnership. NO~~ /. ~.v,4 (Notary Seal) My commission expires: NOTARY PUBLIC STATE OF FLORIDA MY COMII,ISSIOII EXP, OEC,19,1993 DONOEO Tlmu GENERAL INS, UNO, JOINDER day of Quantum The undersigned, Quantum Park Property Owners' Association, Inc., hereby joins in this instrument for purposes of acknowledging and accepting its rights and obligations hereunder. WITNESS~ /) rI'~~ .ftJLL tj~ ROPERTY OWNERS' , INC. for-profit corporation By: DEUTSCH, President (Corporate Seal) STATE OF FLORIDA COUNTY OF BROWARD instrument was acknowledged before me this /~day of , 1990, by EDWARD B. DEUTSCH, as President of Quantum Park Property 0 erst Association, Inc., a Florida not-for-profit corporation, on behalf of he Corporation. ,. (Notary Seal) ~~#d" / ~/...~h- ' Notary Pub 1 i c My commission expires: tlOTARY PUBLIC STATE or FLORIDA MY COfl/ilSSION EXP_ OEC.19,1993 UOllULU THRU GEI,ER;,L INS, UNO, 2 . ./~ EXHIBIT "A" TO GRANT OF ACCESS. MAINTENANCE AND SERVICE AGREEMENT Easement Prooertv Parcell: The Easterly 45.00 feet, lying adjacent to and parallel with the Westerly Right-of-Way Line of the Seaboard All Florida Railway, of lot 79, Quantum Park at Boynton Beach, P.I.D. Plat No.7 as recoreded in Plat Book 57, Pages 194 and 195 of the Public Records of Palm Beach County, Florida. AND Parce I 2: The North 10.00 feet 1 ess the Easterly 45.00 feet thereof, of Lot 79, Quantum Park at Boynton Beach, P. 1. D. Pl at No.7, as recorded in Plat Book 57, Pages 194 and 195 of the Public Records of Palm Beach County, Florida. 3