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APPLICATION .. .. ~ PROJECT NAME. QUANTUM BUSINESS PARK LOCATION' southwest corner of Quantum Lane & High Ridge Road COMPUTER ID- Quantum Business Park\NWSP PERMIT #. 98-3772 I FILE NO. NWSP 98-018 II TYPE OF APPLICATION new site plan I AGENT/CONTACT PERSON OWNER/APPLICANT Graham Ernest-Jones, P.E., President Boynton Industrial Realty Corp., c/o Rhon Ernest-Jones Consulting Trammel Crow Co. Engineers,Inc. PHONE 561-394-3388 - PHONE 954-344-9655 '\ FAX. 561-394-4414 FAX. 954-341-5961 ADDRESS 1515 S. Fed. Hwy ADDRESS 2900 University Drive Ste. 113 Coral Springs, FL 33065 Boca Raton, FL 33432 Date of submittal/Projected meetin~ dates. SUBMITTAL / RESUBMITT AL 10/6/98 1ST REVIEW COMMENTS DUE 10/21/98 PUBLIC NOTICE TRC MEETING 11/17/98 PROJECTED RESUBMITTAL DATE 11/17/98 ACTUAL RESUBMITTAL DATE 2ND REVIEW COMMENTS DUE LAND DEVELOPMENT SIGNS POSTED (SITE PLANS) PLANNING & DEVELOPMENT BOARD 12/8/98 MEETING CITY COMMISSION MEETING 12/15/98 COMMENTS S:\FORMS\PROJECT TRACKING INFO C. {OF BOYNTON BEACH, FLORIDA! PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE Application Acceptance Date /~~hF , Fee paid:~5t?O (}O Receipt Number' 1/~3.3 This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Department. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED 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. GENERAL INFORMATION 1 Project Name OP'NN'7U11'7 ,$UJ'/IIIFJ'J' 4~ 2 Applicant's name (person or business entity in whose name this application is made) '&YNnN INIJU/7&'.IL kAttj UV/' tJ 7iw,."IV/EZL CJUItI ~M///lN/ Address /17;- 5'. ffdEAUL JlUY. - .f///7E //~ .t!PC"f Il,lll/AI, R- JJ'IJL. (Zip Code) Phone 5"1/- .! f/f - JJ~J Fax: ,,~/- if/! - ~1//'1 3 Agent's Name (person, if any, representing applicant) Il/lPN rJEWE Jr -lH..vE.f I! E ~~t'blt.,..rr; e/-ltrtJ~T. J'~ 6rN$"ve-rc","", ~~//~. Address. 2!#P VN/1/E/lf/7j 1J,(!,/vE (PM!' rf/l/l/A/?S FL J.JIM.r , (Zip Code) Phone ?.r/l- 1'1,(- f~sr Fax: 15'"1'- ./1//- 5-r~/ 4 Property Owner's (or Trustee's) Name fAN/E ~.r ill'/JL./C,I,vT Address (Zip Code) Phone Fax: 5 Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below'* *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.) IJEVELI)~E/t; 7 Street address or loc:-~')n of site SHe Or ttp,fN~ L/l,vE "./V~ ~~H A/tJt:E ..//AIJ,) ~o YN70/I/ /1':;11(,/// Pi- .. t'07.IA} 11-4 " 70 ~z. 8 Property Control #. /)8 - 'I!- 'IS" -If; - JJ - goo. dll(lp'~l./Pb f~ /1 loo /OlZ () Legal description of site "FE .177JfC#Er/) - 1::-")(#/d/7' A' I 9 Intended use(s) of site /yI-PA...F# ov./E /P.-9'l cr / 10 Developer or Builder' rr"~E /I.)' A/J//L./C'#I'/T 11 Architect: /lFrzJ'~H LAA/IIP C.-I/CE,/}I);/,( C///7ECTS 12 Landscape Architect: .I AMtJIV' i;e;vG:.('7 -r7lJ'V'G"J ClJIVJ<<"UN? IiNC/IlI6-?1t,{' /A./f'. 13 Site Planner" bdM EieNE.fT-.TIA/,,?! UNJt/?7Nv'6-tTY~/II/~~s, /AlC. ' 14 Engineer' ,fmA/ F/lNE'f7 -7~NbJ CtJI'/I'UL7)N'(;-/;--W~/AI&1;,e..s, /Nt'. 15 Surveyor' Ml)a. /(J;/lS AN/) A.rJ'4C/"7E~" /A/t', 16 Traffic Engineer' ' - ' 17 Has a site plan been previously approved by the City Commission for this property? NI) 18 Estimated construction costs of proposed improvements shown on this site plan. J' ~ I)IJ~AAd ~ II SITE DATA The following information must be filled out below and must appear, where applicable, on all copies of the site plan 1 Land Use Cateaory shown in the Comprehensive Plan PI 2. Zonina District /J.7 LJ 3 Area of Site ~- /6. ~" acres 7z~ 3o~ sq ft. 4 Land Use -- Acreaqe Breakdown a Residential, including () acres () % of site surrounding lot area of grounds b Recreation Areas * 0 acres () % of site (excluding water area) c. Water Area 0 acres 0 % of site d Commercial () acres 0 % of site e Industrial /6. 11"1 acres /P() % of site f Public/Institutional () acres 0 % of site g Public, Private and () Canal rights-of-way acres 0 % of site h Other (specify) 0 acres 0 % of site Planning and Zoning Department - Rev 3/18/97 I\CHIMAINISHROA T A IPLANNINGISHAREOIWP\FORMSIAPPSINWSP\SITEPLAN WPO Other (specify) I) acres ~ % of site Total area of site /I ;rJ? acres / P () % of site * including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5 Surface Cover a Ground floor building 6 Q 18 acres J h. 8 % of site area ("building footprint") b Water area o 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 7 () fF" acres 42. 8 % of site d Total impervious area l.J.dtJacres 71 1 % of site e Landscaped area I. ,/n l.acres IS- % of site inside of parking lots (20 sq ft. per interior parking space required - see Sec. 7 5-35(g) of Landscape Code) Other landscaped areas,! '~t/acres II I % of site f g Other pervious areas including golf course, natural areas yards, and swales, but excluding water areas () acres () % of site h Total pervious areas J 3" acres 20 3 % of site Total area of site /, 5J! acres /67 0 % of site 6 Floor Area .7 Nurllber of Residential Dwellil.,., Units a. b c. (1 ) (2) (3) (4) d Duplex Single-family detached \ sq ft. sq ft. Multi-Family (3 Efficiency 1 Bedroo 2 Bedr. om 3+ droom attached dwelling units) dwelling units dwelling units dwelling units dwelling units Total number of dwelling units 9 Maximum heioht of structures on site Required off-street parkinQ a Calculation of required b number of off-street parking spaces LJ ~ff/CE 5'J/Z'@ ~fI() = /77 S,d 10 J..//I/lE/I~f/tfE LIZ '9'1@ ~(JO == 2. ~ 7 S/J ~T4L:= 4f9 - dwelling units feet stories Off-street parking spaces provided on site plan '172- Planning and Zoning Department - Rev 3/18/97 \\CH\MAIN\SHRDA T A \PLANNING\SHAREo\WP\FORMSIAPPS\NWSP\SITEPLAN WPD 09/18/98 10 52 FAX 561 394 4414 9543415961 ~~ ~RNEST-JONES TRAMMELL CROll' ~ 008/011 ec '36/09 SEP 89 98 15 49 Il~ CERTIFICATION IV (I) (yVe) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Department (I) 0Ne) hereby certify that the above statements and any statements or show:ngs In any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief This application will not be accepted unless signed according to the instructions below ~ 45. u-4 Signature of Owner(s) or Trus:ee, of Authorized Principal if property is owned by a corp;vation or other business en:ity , A 1.-. &J-.y ~r~ LJo y -r J.-.,. /It t:{ " 5 f r "Q.I , I .....- r AUTHORlZAT10l'fOF AGENT ~e~,~ 'f/~/1~ Signature of Authorized Agent ~III ~NF.rT - ~NE.$/,f}.E Date' , ,6,,~ r b -un; R'Hn./~Ir- '7'~ ~$~t/T,,,J, ~'~IIM:. (I) fNe) hereby designate the above signed person as (my) (our) authorized agent in regard to this app'~6~d Signature of Owner(s) or Trustee, cr Authorized Principal if property is owned by a csrporation or other busjl)es~ entity ~ C. L ~ r ~ d-=>o Y.... ?O... 1"1.e;;f.rit-r,~d..L ~ ~7 ~ SPACE BELOW THIS LINE FOR OFFICE USE ONLY ZI Date ~I-~ 21 Sri ~e Date Review Schedule Date Received Technical Review Committee Planning & Development Board Community Appearan:::e Board City Commission Date Date _ Date Date Stipulations of Final Approval: Other Government Agencies/Persons to be contacted; Addit:onal Remarks' Planning and Zoning Department - Rev 3/18197 I\CHIMA INISHROA "A\Pl.)l.NNI N GIS HA Fl EOIV\lPIFO RMSIAP P SINWSPISI TEPLAN WP 0 SEP 18 1998 10 58 561 394 4414 PAGE 08 09/18/98 10 52 F.~\ 561 394 4414 954341596l RHr" ~R"IEST-JCll'-lES TRA~IMELL CROW III 009/011 09 ~07/09 SEP 09 '3a 15 49 RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Ap~rQval does hereby acknowledge represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynfon Beach shall be revIewed by the various boards commisSions, !;taff personnel and other parties designated. appointed or employed by the City of Boynton Beach, and any such party reviewing the same sha11 rely upon the accuracy thereof, and any change in any item submitted shall be deerr.ed material and substantIal. The undersigned hereby agrees that all plans, specifications drawings, engineering and other 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 appUcant agrees to allow the City of Boynton Beach all rlghts 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 an c' n which may arise due to their enforcement at the same NOWLEDGEDANDAGREEDTOlhis 7~ -:::x~~ ,19~ Witnes Ap . ant Witness Planning and Zonmg Department Rev 3/18/97 I\CHWAI NIS HR DA T AIPLA NN I NGISHAR E O\WPIFO RMS\APPSINWSPIS IT EP LAN. WP 0 SEP 18 1998 10 58 561 334 4414 PAGE 09 EXHIBIT A LEGAL DESCRIPTION OF SITE. A PARCEL OF LAND SITUATED IN SECTION 16, 17,20 AND 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THE NORTH 25 FEET OF LOT 57, ACCORDING TO THE PLAT OF QUANTUM PARK AT BOYNTON BEACH PI D, PLAT NO 5, AS RECORDED IN PLAT BOOK 57, PAGES 189 THROUGH 190, AND LOTS 68-A, 68-B, 69, 70 AND 72 ACCORDING TO THE PLAT OF QUANTUM PARK AT BOYNTON BEACH PI D , PLAT NO 9, AS RECORDED IN PLAT BOOK 60, PAGES 32 THROUGH 33, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 721,308 SQUARE FEET, OR 16.56 ACRES, MORE OR LESS JUL-27-01 FRI 08 40 AM FAX NO. P 02 THEODORE J KLEIN AiTOR/iF..V AT LM. 88 N E. 1 68TH STREEr NOR':' MIAY. BF.ACI< FloR:DA 33162 l' :ONE: (305) 770-0370 FA-X (305) i70.()71 0 .July ?I, 200l VIA TELECOPIER TO (561)742-6259 LUfia Galnv, AICP ~r ncjpal F~.anner City of ~cYltan Buadl lea F:ast. BCinton Bca__h iLvd Bo./rtLOr Beac"", l:o~=- 33425 RE LOTS 68-A, 68-B, 69, 70 and 72 QUANTUM PARK AT BOYNTON BEACH f..J..JL.... P~~O. 9{ TH~..2~~TY ~ Df:>'lr. t.rs Ga la'l Fi€:3%:: 5_gn your adl.8h'J.~::dg!r.(.nL bel""" con-Fl.rr..ing that if: there ..'5 <:-;, um.ty of lit..L(; ::-oquireHien~ that trG Realty ~s Sl.l.ojcct to, any rioC;t1mer t~" evidencing t.ne rcqLl...t"er;,er't can DC IT.odified to be c nsistA~t wi.th lhe Unity of TiLle in the f~rm annexed hereto as J;;x~,,-Q.L~2: Very tr~~y }ou=s, /J}~-'--" L/ The~d~re J Flein, Att.,rney at Law :.. c' .....S"l.. C ~~~fir~ed and agreed to C tl o,~_ 50br Beach B' -'~ ~J(i,/ ~~ ---'- Lwsia Galav, AICP Principal Pla~rer \\vnri.i.\\wp\DA:~Y\J/2t (l wpc. JUL-27-01 FRI 08 41 AM FAX NO. P 03 TH!S INS1RUMP.NT WAS PREPARED BY Thcod::'1]'e.J Kl ein, Esq 85 N E 168 Street No!'th Miami. Beach, FIol"ide:. 33162 ( 3 C 5 ) "/7 0 - C 1 7 0 HECO:(D I~T\JD RETURN '1'0 y~ ~ ~\-.~' Tbeodc)re JO Kle~n, Fsq sa N C 166 Street North M~aMi Beach, Florida 33162 y:NITL.9.L'l;'I ~J& 1'hio Unity of Title i~ exccu:...ed as of this day of ._' 20__, by ___ ___0_______ (her€linaftcr l:'efcrred to as nCwnerll) ItHTNSSSETH WHEREl~.3 I Ovr1er is che owner of the l~nd legally deBcribed (:lS Lot.s 66-A, 68-B, 691 70 a~1d 72, QUA1.JTVM PARK A'l' BOYNTON nEACH, P I 0 PLA? NO 9, accordi.ng to the Plat thereof en file ~n the Off1ca of the Clerk of the Circuit Court in an:! for ?alm Beach Cnunty, Florida recorded in Plat Book 50, Page 32 (hcY.ein~-.f:tc:r t.he ":"and"), arKl t-1EEREAS, the Lund has bee:'l approved w..;. th four wureho'l.ls~ difltribut ior fa::~l ity b'~,ild.itlg~ thc:.'\t were constructed in accordance with one or i'1cre 8....te plan2 C\r-pr.oved hy the Cit.y of Boynton Beach NO^, l'HFREFORE, Owner declares tha,: the Land sha...l be held st~ject to the fol....ow....ng 1 The above rec.:.tals are true and correct <:lnd are H'.corpoJ.";Jted herein by ::cEcr.enc<~ 2 r::x::::ept as is otherwi.gc.' expressly provi.c.ed for herein to the co,trary, the Land shall be considEred as one plot and parcel of l,:u'ld, c:nc: no pc:::oL_on or said pIol: Clnd parcel of land shall be sold, :.ranofcr:r::.d, devi;:~ed or assigned ~epl".::atcly, except in its cn~irety ,,"u cne plot or: parcel. of land Notv/itnstClnd:.ng any ~hing to the contrary prov~ded herein, thQ foregoing shall net C', ResLlt in a prchjbiticn against a par", and r.o~ all of the Land !leing mortgaged to one lender, nor oha.ll the fo~egoing UI ity of: t_tle requircrr.ent result in a pror'1.bitiot'" agai'1st such Ir\Cirt.g"ge 1-101de~ forec.losi.q on i ~s l\8!'tgage in~eres:. or accepting JUL-27-01 FRI 08 41 AM FAX NO. P 04 a deed in J.iou of forcc:;'osure or. from eclli'1g the mortgaged land at a f....,rcclof:lllre s(:tle and upon the mortgage lender or its successors and asoigl1f.l succeeding to the Owner's in\..erest in the Land, this irwt:nuncnr. shall, effective as of sllch date and continuil:g forever I lClpfJ€: and shall not be bl.r:d~ng upon or be a covenant upon such portion of the Land b Result in a prohibition ag:'i_nst a part, and not <111 of the I.und being sold if, after such sale the portion of the Land t.hat haD bee:! sold and the rerr.aining Land are each separately in compliance with all applicable set back and zoning code ordinances (or if e;:wernent~ or oth".:'r l~.ccnce agreements are in effect that wOI.:J.d ~efJult: in compliance) and.J.f ull of the L::md is subject to and ~J.:.~i1e[itted by a declarution of covenanc for: crOSE; <1CCCSS giving all of the Land th:l benefit of access to the Land's roadways and parking areas 3 'l'his inc':.n.ment (nay not bo modified, <:trnended, released or te]':rr.-,-n~ted except by wri ct<:>n J.nst:rurnent executed by the then cwner(s) of the Land an~ con::\ented to by (i) any holder of a mcrtgnge encu\":tbcrirg a:1Y part of the Land and (i1) the City of BvynLon Beach, }'lorida, acting thrcugh the admi:rl1stra~ive head of tho Boy:!tOl1 Bea::h Department o,t Development and ra:ified by the Ci ty Comnussion IN WITNESS WHEREOF, the und:=rsigned OIlJner has executed ::his instrument as o~ the nay and year. first above w..citten a Fior{Ja-_ 2100 par.k Central Bo~~evard N Suite 900 Pomp~no Beach, Florida 33064 Wi tnes!:;es ._-~_._-_.. pr i at n,";i lie --"'--'"' Print name BY pri.nt )fl,~.e __. -".-_.~"--'--- pz'int name BY -2- THEODORE J KLEIN ATTORNEY AT LAW 88 N E. 168TH STREET NORTH MIAMI BEACH FLoRIDA 33162 PHONE (305) 770-0370 FAX (305) 770-0710 July 19, 2001 VIA FEDERAL EXPRESS (Priority Delivery) Tracking No 826761436266 L 20? j 1 i-/ I 1 IG ~ D ~:'T Michael Rumpf Director, Department of Development City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33425 RE LOTS 68-A, 68-B, 69, 70 and 72 QUANTUM PARK AT BOYNTON BEACH PoloDo PLAT NOo 9 (THE "REALTY") Dear Mr Rumpf As a follow up to a telephone conference that you had with Joni Brinkman, Premier Asset Management, Inc and assigns is the contract purchaser of the Realty The Realty is comprised of land improved with four buildings To my knowledge, there is no recorded document of record imposing a unity of title requirement, nonetheless, in discussion between our Lender's appraiser and your office, it was mentioned that there may be a unity of title requirement Financing for our purchase of the Realty will be pursuant to an acquisition loan which will be secured by a mortgage encumbering all of the Realty The acquisition financing is being underwritten on the basis that as a building is fully leased, we would then re- finance that building with a permanent financing lender and use the proceeds to pay down the acquisition loan A true unity of title requirement would prevent permanent financing until the entire four building project is fully leased and therefore, our acquisition lender requires assurances that this would not be the case As you know, we are also the owners of Premier Gateway Center at Quantum, which is a planned three building project of which Michael Rumpf July 19, 2001 Page 2 Building One is currently under construction I am enclosing a copy of the Unity of Title document and the Declaration of Covenants and Restrictions for Premier Gateway Center at Quantum which were each executed and recorded in satisfaction of the City's unity of title/unity of control requirements The recorded Unity of Title document provides, in paragraph 2, the exceptions necessary to address the concerns a lender would have and the Declaration imposes unity of control on the project, particularly as to shared parking and common access If you would be so kind, please immediately provide me with a letter confirming that if there is a unity of title requirement that the Realty is subj ect to, any documents evidencing the requirement can be modified to be consistent with the enclosed documents Time really is very critical and therefore a prompt response is requested Thank you in advance for your cooperation in this matter Very truly yours, Th J Klein, Attorney at Law Enclosure Sherry Stanley, Esq Manuel Fernandez, Esq JA/ES/IS TR/BM Joni Brinkman D \WP\DAILY\0719 1 wpd cc enc cc (Via Facsimile) THEODORE J KLEIN' ATTORNEY AT LAW' 88 N.E. 168TH STREET' NORTH MIAMI BEACH, FL 33162 . PHONE. (305) 770-0370 · FAX: (305) 770-0710 Hoy-17-2090 01 53p. 00-440994 ORB 1 2 1 -4 1 Pg 1 221 11011111111111111111111111 01111111111111111111111 THIS INSTRUMENT WAS PREPARED BY Theodore J Klein, Esq 88 N E 168 Street North Miami Beach, Florida 33162 (305) 770-0370 - -----------. ._--~ Theodore J Klein, Esq 88 N E 168 Street North Miami Beach, Florida 33162 I ) __> 1-,! ! . ii, 20~ :G, ----1 \ f" r' G 0 j' ~;lI'T RECORD AND RETURN TO I L_ UNITY OF TITLE This Unity of Title is executed as of this i >- day of 1I\~-f'(..fT\."-' ,2000, by GATEWAY BUSINESS PARK L C , a Florida limited liability company (hereinafter referred to as "Owner") WITNESSETH WHEREAS, Owner is the owner of the land legally described as Lots 32, 33, 34A, 34B, 35, 36, 37 and 38, QUANTUM PARK AT BOYNTON BEACH, P I D PLAT NO 3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in plat Book 60, Page 29 (hereinafter the "Land"); and WHEREAS, Owner believes that it may construct buildings on the Land and in connection therewith, Owner will be applying for and requesting that the City of Boynton Beach issue building permit(s) for the construction of such buildings, and ~ffiEREAS, O\~er has been advised that the City of Boynton Beach may impose a unity of title requirement as a condition of issuing such building permit(s) NOW THEREFORE, Owner declares that the Land shall be held subject to the following 1 The above recitals are true and correct and are incorporated herein by reference 2 Except as is otherwise expressly provided for herein to the contrary, the Land shall be considered as one plot and parcel of land, and no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land Notwithstanding anything to the contrary provided herein, the foregoing shall not --' OF.B 1 2: 1. 4 1. P 9 1. 2: 2: 2: a Result in a prohibition against a partt and not all of the Land being mortgaged to one lendert nor shall the foregoing unity of title requirement result in a prohibition against such mortgage holder foreclosing on its mortgage interest or accepting a deed in lieu of foreclosure or from selling the mortgaged land at a foreclosure sale and upon the mortgage lender or its successors and assigns succeeding to the Owner's interest in the Landt this instrument shallt effective as of such date and continuing forevert lapse and shall not be bindlng upon or be a covenant upon such portion of the Land b Result in a prohibition against a partt and not all of the Land being sold ift after such sale the portion of the Land that has been sold and the remaining Land are each separately in compliance with all applicable set back and zoning code ordinances (or if easements or other licence agreements are in effect that would result in compliance) and if all of the Land is subject to and benefitted by a declaration of covenant for cross access giving all of the Land the benefit of access to the Land's roadways and parking areas 3 This instrument may not be modifiedt amendedt released or terminated except by written instrument executed by the then owner (s) of the Land and consented to by (i) any holder of a mortgage encumbering any part of the Land and (ii) the City of Boynton Beacht Floridat acting through the administrative head of the Boynton Beach Department of Development and ratified by the City Commission IN WITNESS WHEREOFt Gateway Business Park L C has executed this instrument as of the day and year first above written GATEWAY BUSINESS PARK L C t a Florida limited liability company 2100 Park Central Boulevard N Suite 900 Pompano Beacht Florida 33064 BY BY -2- OF:B 1. 21. 41. Pg 1. 223 STATE OF FLORIDA COUNTY OF BROWARD / The foregoins instrument was acknowledged before me this /3~ day of AI~V8~~i~ ,2000, by Jack Azout and Erwin Sredni, as authorized managers of Gateway Business Park L C , a Florida limited liability company, as and for an act of the company Each is personally known to me or has produced a Florida driver's lcense as ldentl ication #....v,~ ANA M. HERNANDEZ ~ }l:g ,. MY COMMISSION 1# cc 830158 "'A..'" 'ro, ~'Il" EXPIRES: Apr 26. 2003 1-8O().3-NOTAllY Fl. NalaIy SlInIice &. Bonding Ca. ~ ~ /A#l~ Print Na e ./fhA. m.H~j/nA-WIt z.. Commission Number cC Y31J/si' (Affix Notary Seal) [Lender consent immediately follows] -3- ORB 12141 Pg 1224 DOROTHY H. WILKEN, CLERK PB COUNTY, FL LENDER CONSENT BankUnited, FSB, a Federal savings bank ("Lender"), the owner and holder of one or more of a Mortgage, Assignment of Rents and Security Agreements, as modified from time to time (collectively the "Mortgage") encumbering the Land, consents to the foregoing and agrees that the ~o~9a~e is,and shall be ~ subordinate to the foregoing Be~laL~L~brr uI'Cu~enant tor ~LUoo Accc~~ Nothing contained herein shall be construed to impose any personal liability on Lender or its successors or assigns BANKUNITED, FSB, a Federal savings bank association delivered 'Print Name ~Itln"- i- ~d~s_e:- , By ~p4Z ~ Print/Name CZ:~ F. CJe Print Title r.: La!..- Ie"~ STATE OF FLORIDA COUNTY OF MIAMI - DADE / Number The {Qre~oingLi~strument was ac of J:Jc\i,[e1Y)~r, 2000, by president of BankUnited, FSB, Rersonally known to me or has 'as ldentlticatlon (Affix Not'ifi~BiAA~~UTA Notary Public. State of Florida No. CC 609687 CommiSsion Expires December 23. 2000 easement unityoftitle gateway -4- ft Dec-07-2000 02:39p. 00-468888 ORB 12183 Pg 438 IIHI 1111111111111 H 1111.11111111'1'111 Prepared By, Record and Return To Ted Klem 88 N E. 168 Street North Miami Beach, Florida 33162 Tel (305)770-0370 20 "........ PL ;G 'I' 0 Z . _, DEPT DECLARATION OF COVENANTS AND RESTRICTIONS FOR PREMIER GATEWAY CENTER AT QUANTUM THIS DECLARATION, is made as of thIS _ day of ,2000, by GA TEW A Y BUSINESS PARK L. C , a Florida lImIted habilIty company (hereinafter referred to as "Developer" or "Declarant") whose address IS 2100 Park Central Blvd. North, Suite 900, Pompano Beach, FL 33064 Developer declares that the real property legally described as Lots 32, 33, 34A, 34B, 35, 36, 37 and 38, QUANTUM PARK AT BOYNTON BEACH, P I D PLAT NO 3, according to the Plat thereof on fIle in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 60, Page 29 to be known as PREMIER GATEWAY CENTER AT QUANTUM (the "Property"), winch IS currently owned by the Developer, is and shall be held, transferred, sold, conveyed, leased and occupied subject to the covenants, restrictions, easements, charges and hens (sometimes referred to as "Covenants and Restrictions") hereinafter set forth. ARTICLE I PURPOSE The purpose of these Covenants and Restrictions is to ensure that the Common Areas, as hereinafter defmed, are maintained in a fIrst-class manner for the benefIt of all owners and future owners of the Property During the period of time that Developer owns all of the Property, Developer does not intend to create the ASSOCIation, as heremafter defined, and therefore, during such penod, references in this Declaration to the Association shall mean the Developer ARTICLE II DEFINITIONS The following words, when used in this Declaration, shall have the following meanings --- _ _...~...... r~ ___~...., Section 2. I " ArtIcles of IncorporatIOn" or " Articles" shall mean the artIcles of incorporation of any AssociatIOn that may be formed pursuant to th1s DeclaratIOn, as they may eXIst from time to time Section 2.2 "Assessment" shall mean and refer to a share of the funds requIred for the payment of Common Expenses whIch, from time to tune, is assessed agamst a Lot Owner SectIOn 2.3 "Association" shall mean and refer to any Florida not-for-profit corporatIon created by the Developer pursuant to thIS Declaration to act as a property owner aSSOCiatIOn. Until such time as the Developer creates the Association, the term "ASSOCiatIOn" shall mean the Developer where the context so requires Section 2.4 "Building" shall mean any structure whIch encloses space Section 2.5 "By-Laws" shall mean the by-laws of any AssociatIOn that may be formed pursuant to this Declaration, as the same may exist from time to time Section 2.6 "Common Areas" shall mean and refer to all real property WhICh the Developer owns or has an interest in for the common use of the Property including, but not lunited to, certain areas contained within Lots, landscaping, entry features, drainage, utility and dnve aisle easements, internal and external roadways, sidewalks, project lighting and any other use to which a majonty in mterest (determined by area of land) of the owners of the Property may accede If an Association is formed and if the Association owns any of the Common Areas, the interest that the Association shall have in the Common Areas shall be the fee simple title or easement as hereinafter described. Section 2.7 "Common Expenses" shall mean and refer to expenses of administratIon, insurance, maintenance, operation, repaIr and betterment of the Common Areas and Common Personal Property and the portions of Lots to be maintained by an Association, the costs of carrying out the powers and duties of an Association if one is formed, all expenses and easements properly incurred by an Association for the Property, expenses declared Common Expenses by provisions of this Declaration, the Articles or the By-Laws and any valid charge against the Property as a whole Section 2.8 "Common Personal Property" shall mean and refer to all personal property whIch is eIther owned by an Association or maintained by an Association for the common benefit of the members of the Association. Section 2.9 "Common Surplus" shall mean and refer to the excess of all receipts of an Association including, but not limited to, assessments and revenues over the common expenses of an Association on account of the mamtenance, operation, administration and management of the Common Areas 2 ORB 12183 Pg 440 SectIOn 2.10 "Declarant" or "Developer" shall mean and refer to Gateway Business Park 1. C , its successors and assigns and includes any person or entity to whIch the then Declarant may assign Its rights, privileges, duties and oblIgations hereunder, whIch nghts, privileges, duties and obligatIOns are and shall be assignable SectIOn 2.11 "Improvements" shall mean and refer to any man-made changes m the natural condItIOn of the Property, mcluding, but not limited to, structures and construction of any kind, whether above or below the land surface, such as any building, fence, wall, sign, addition, alteration, sewer, dram, disposal, utilities, grading, landscapmg, SIgns and extenor illummatIOn. SectIOn 2.12 "InstitutIOnal Mortgagee" shall mean and refer to the holder of a mortgage encumbering a Lot, which holder in the ordinary course of business makes, purchases, guarantees or insures mortgage loans, whether for financing constructIOn or for permanent fmancmg An Institutional Mortgagee may mclude, but IS not linnted to, a bank, savmgs and loan aSSOCIation, insurance company, real estate or mOI!gage mvestment trust, pension or profit sharing plan, mortgage investment trust, pension or profit sharing plan, mortgage company, an agency of the Umted States or any other governmental authority or any other similar type of lender generally recognized as an mstitutlOnal-type lender For definitional purposes only, an Institutional Mortgagee shall also mean the holder of any mortgage executed by or in favor of the Declarant, whether or not such holder would otherwise be considered an Institutional Mortgagee Section 2.13 "Lot" shall mean and refer to any parcel of land located withm the Property, which has been or is intended to be conveyed by the Declarant to an Owner Section 2.14 "Occupant" shall mean and refer to any person or organization WhICh has occupied, purchased, leased, rented or is otherwise licensed or legally entitled to occupy and/or use any part of the Lots on the Property (whether or not such right IS exercised), as well as theIr heirs, assigns and successors in interest. Section 2.15 "Owner" shall mean and refer to the record Owner, whether one or more partners, persons, trusts, corporations or other entity of the fee simple interest to a Lot or any other portion of the Property, theIr heirs, successors, personal representatIves or assigns Any Owner may, upon wntten notice to the Declarant and/or an Association, if one exists, assign all or part of his rights, but not hIs duties hereunder, to the Owner's tenant but, in the event of such assignment, the Owner shall not be relieved of any responsibility otherwise arising from such ownership Section 2.16 "Property" shall mean the real property described as Lots 32, 33, 34A, 34B, 35,36,37 and 38, QUANTUM PARK AT BOYNTON BEACH, PI D PLAT NO 3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 60, Page 29 and any portion thereof and any and all improvements thereon and additIOns thereto as are subject to thIs Declaration. 3 ORB 12183 Pg 441 Section 2.17 "Public Records" means the PublIc Records of Palm. Beach County, Honda. Section 2.18 "UtilIty ServIces" shall mean and refer to, but not be limited to, electric power, gas, hot and cold water, heatmg, cable televisIOn, secunty system, telephone, refrigeration, air conditiomng, irngatIOn, garbage and sewage dIsposal. ARTICLE ill REGULATION OF IMPROVEMENTS Section 3.1 "Parking" Each Owner and tenant shall be responsible for compliance by such Owner's or tenant's principals, employees, mvitees, licensees and guests WIth the parking requirements of governmental zoning and of thIS Declaration and the AssociatIOn, If one IS formed No parking shall be permitted on any lawn, median strip, publIc walkway, swale, berm or other unpaved area, and no parkIng shall be allowed m dnve alsles, points of mgress and egress or in fire lanes Section 3.2 "Loadmg. Service and Outside Storage" All loading movements shall be made off of the public right-of-way, drive aisles, points of ingress and egress or fIre lanes Rubbish and garbage facilities shall be screened so as not to be visible from any street or right-of-way Each Owner and tenant shall be responsible for complIance by such Owner's or tenant's principals, employees, invitees, licensees and guests WIth the loading, service and outdoor storage requrrements of the applicable governmental authoritIes and of thIS Declaration. Section 3.3 "SIgns" (A) All signs which shall be erected shall have the prior written approval of the Association as to size, color, locatIOn and content and be in conformance with this Declaration and harmonious to the look of the Property Further, all signs must comply with governing municipal and regulatory agencies (B) No billboard or outdoor advertising leases shall be permitted, other than billboard signage approved by the Association. (C) Signage shall not be mounted on a free-standing advertIsmg vehicle or notification device (D) Notwithstanding any provision of thIS Declaration to the contrary, the Declarant and/or developers of the Property may erect a sign or signs, in size, color, location, content and lighting as the Declarant in its sole discretion may choose, identifying, describing or advertising PREMIER GATEWAY CENTER AT QUANTUM or any of Its available buildings or land until all Lots have been sold. 4 UnD .I. -=:; .... C) ~....y ...........:=: (E) Dunng the constructlon of a buildlllg, SIgns Identifymg the Developer, archItect, engineer, leasmg agent, proposed tenant, general contractor and construction lender shall be permitted. Section 3.4 "Exterior and Interior LIghting" No extenor lightIng of any nature shall be installed or operated without the prior wntten approval of the Association. Exterior lighting on all Buildings or Lots shall be limited to SIgnS and securIty and safety illummation of walks, building entrances, parking areas and aIsles, roadways, loading areas and serVIce areas and extenor lighting of overall Building surfaces All interior and exterior lighting must be arranged or shielded so as to aVOId exceSSIve glare or reflection onto any portion of any adjacent street or mto the path of oncoming vehicles or onto any adjacent property No flashIng, traveling, animated or intermittent lighting shall be vIsible from the exterior of any Buildmg Section 3.5 "Common Areas and Common Personal Property" The Association shall have sole and exclusive right to improve, change, maintain and control the Common Areas and the Common Personal Property No Lot owner shall make any Improvement in, change to, repair of or exert control over all or any portion of the Common Areas or Common Personal Property Section 3.6 "Arcllltectural Control" No development of any kind shall be commenced, nor shall any exterior addition to or change or alteration in the extenor appearance and specifications of any Lot be made until the plans, materials and location of the development or alteration shall have been submitted to and approved m writing by the AssocIation as to harmony of external design and location and relatIOn to surrounding Buildings The AssociatIOn shall approve or disapprove the submitted plans within thirty (30) days of receipt. Such approval may be unreasonably withheld. In the event the Association does not specifically indicate its approval or dIsapproval, it shall be conclusively presumed that the Association has disapproved the proposal ARTICLE IV MAINTENANCE Section 4.1 "Maintenance Responsibilities of Owners and Occupants" The Owner and Occupant of each Lot shall jOllltly and severally have the duty and responsibility, at its sole cost and expense, to keep the Lot so owned or occupIed, including building improvements and grounds in connection therewith, in a well-mallltained, safe, clean and attractive condition at all times Such maintenance includes, but is not limited to, the following (A) Removing promptly all litter, trash, refuse and wastes, (B) Keeping signs and mechanical facilities in working order; (C) Complying with all governmental, health, policy and fire requirements, statutes and regulatIOns, (D) Repairing Buildings and improvements thereto including, but not limited to, walls, roofs, doors, awnings and windows, so that no Building or other improvement falls into disrepair, 5 utaS 1. 2:1. 83 Pg 443 each Building and improvement shall at all times be kept in good condItion and reparr and adequately painted or otherwise fInished m accordance WIth the plans and specifications, (E) Painting of all extenor surfaces shall be done at least every fIve (5) years unless a waIver is obtamed from the ASSOCIation, and (F) Maintaining exterior fencing, other than common walls, m good order and reparr (G) MamtaIning and operating the "secondary" storm dramage system serving the Lot area up to and mcludmg the pomt of connectIOn to the master dramage system mcluded WIthin the Common Area lIDprovements (H) Resealmg and stnpmg of parkIng and loading areas, SectIOn 4.2 "Maintenance Responsibilities of Association" The ASSOCIation shall be responsible for the followmg withIn the Common Areas (A) Maintenance, repair and replacement of the Common Areas and improvements thereto, mcluding, but not lirrnted to, entrance features, sign lighting, roadways, parking aIsles and signs, (B) Keeping ground surfaces mowed, grass and landscaped areas irrigated, fertilized, free of weeds and attractive, (C) Pruning of trees and shrubbery, (D) Keepmg all Common Area irrigation and Common Area drainage systems in good repair and working order and operating and mamtainIng such systems as may be required and in compliance with any applicable governmental standards This includes, but is not limited to, maintenance of the stonn water sewer system, the lake areas and the various plantings, all as required under the dredge and fIll permIts (or other similar permits) Issued by all applicable governmental authorities. (E) Maintaining exterior pole lighting, (F) Maintaining common walls and signs where applicable Section 4.3 "Enforcement" If, in the opinion of the Declarant and/or the Association, any Owner or Occupant has failed in any of the foregoing duties or responsibilities, then the Declarant and! or the Association may give such person written notice of such failure and such person must within ten (10) days after receiving such notice, perform the care and maintenance required, provided, however, that of the nature of the failure is such that the performance of the care and maintenance cannot be reasonably completed within such ten day period, then such person must, withIn the ten day penod commence to perform and thereafter diligently proceed with the completion of the performance Should any such person fail to fulfIll this duty within such period, then the Declarant and/or the AssociatIOn, through its authorized agents, shall have the right and power to enter onto the Lot and perform such care and mamtenance without any liability for damages for wrongful entry, trespass or otherwise to any person. The Owners and Occupants for which such work is performed shall Jomtly and severally be liable for the cost of such work and shall promptly reimburse the Declarant and/or the Association for such cost. If such Owner or Occupant shall fail to reimburse the Declarant and/or the Association withIn thirty (30) days after 6 UHH ~ c ~ t::J..;S vg ..c,..q. 4- receipt of a statement for such work from the Declarant and/or the Association, then SaId mdebtedness shall be a debt of all of the Owners and Occupants, jomtly and severally, and shall constitute a lien against the Lot on which saId work was performed Such hen shall have the same effect and be of the same attributes as the hen for assessments and SpecIal assessments set forth in Article XI, and the Declarant and/or the AssocIatIon shall have Identical powers and rights ill all respects, including, but not limIted to, the nght of foreclosure ARTICLE V PROPERTY RIGHTS Section 5.1 "Master Plan of Development" The Property is or will be zoned as a Planned Industrial DIStrICt (PID) The Property will be developed in accordance with the master plan of development officially adopted for the dIstrict and m accordance with the regulations eXIstmg when the PID distrIct was approved by the CIty of Boynton Beach and in accordance WIth any special conditions imposed by the CIty of Boynton Beach as a conditIOn of site plan approval Unless otherwIse specifically prohibited by the governing municipal and regulatory agencIes or this Declaration, any operation and use, as generally described above, will be permitted if it is performed or carried out entirely withm a Building so that the enclosed operatIons and uses do not cause or produce a nuisance to adjacent Building(s) such as, but not limIted to, vibration, sound, electromechanIcal disturbances and radiation, discharge of waste matenals, aJI or water pollutIon, emission of dust, odiferous tOXIC or non-toxic matter Further, no noxious or offensive trade, service or actIvity shall be permitted. Section 5.2 "Non-Permitted Operations and Uses" If there is any dispute as to whether the use of any portion of the Property complies with the Covenants and Restrictions, easements or other provisions contained ill this Declaration, such dispute shall be referred to the Board of Directors of the Association, WhICh shall render a final and binding decision with respect to such dispute However, any use by Declarant which it, in Its sole discretion, determines to be in accordance with this Declaration shall be deemed a use which complies with this Declaration, and such determination by Declarant shall not be subject to further review to the contrary by the Board of Directors. Section 5.3 "Dele!!ation of Use" Subject to such lunitations as may be 1lD.posed by the By- Laws, each Owner may delegate his right of enjoyment in and to the Common Areas and facilities of Its Lot to its tenants and invitees, but such Owner will not thereby be relieved of any duty or obligation hereunder Section 5.4 "Easements" Each of the following easements is a covenant running with the , Property, and notwithstanding any other provision of this Declaration to the contrary, such easements may not be substantially amended or revoked ill such a way as to unreasonably interfere with their proper and intended uses and purposes, and each shall survive the termination of tins Declaration. 7 ORB 12183 Pg 445 (A) Utilities All of that portlon of the Property compnsing the utility facilities contained upon the Property, including, without limitation, the electrIc, water, telephone and gas lmes, storm sewerage, sanitary sewerage and surplus storm water dramage areas, lake maintenance areas and the like, shall be and IS hereby declared to be subject to a perpetual non-exclusive easement in favor of any utility company serVIcing the same, the ASSOCiatIOn and all of the Owners (B) Pedestrian & Vehicular Traffic Those portions of the Property comprising the common roadways and reasonably intended or reasonably useful for mgress and egress purposes, notwithstanding the fact that said roadways are contained within mdividual Lots are, and shall continue to be, subject to a non-exclusIve easement m favor of Declarant and all Owners of Lots WIthIn the Property, their guests, invitees and licensees for the purposes of providing ingress and egress and the free flow of vehIcular and pedestnan traffic upon, over and across same (C) No structure, planting or other material shall be placed or penmtted to remam which may damage or interfere WIth the installation and maintenance of utilities or which may damage, mterfere WIth or change the direction of flow of drainage facilIties as to which easements have been granted The easement area of each Lot and all Improvements therem shall be continuously maintained by the Owner of such Lot, except for Improvements for mamtenance of wmch a public authority or utility company or the Association is responsible (D) No Improvement of any kind (except those Improvements approved by the Association) shall be built, erected or maintaIned on any such easement, reservation or right-of-way, and such easements, reservations and rights-of-way shall at all tunes be open and accessible to public and quasi-public utility corporatIOns, their employees and contractors and shall also be open and accessible to Declarant, all of whom shall have the right and privilege of doing whatever may be necessary in, on, under and above such locations to carry out any of the purposes for which such easements, reservations and rights-of-way are reserved (E) Easements of Record as the same presently exist or may be created hereafter by operation of law (F) Subject to any restrictions imposed in tenant leases as to the non exclusive use of parking by tenants, each Lot's parking areas may be used by all Owners of Lots within the Property, their guests, invitees and licensees (G) Each Lot shall be entitled to use the open space of each other Lot for the purpose of satisfying any applicable governmental set back requirements Section 5.5 "Right of Entry" The Association, through its duly authorized employees and contractors, shall have the right after reasonable notice to the Owner thereof, to enter any Lot subject to this Declaration at any reasonable hour on any day to perform such inspection and/or maintenance as may be authorized herein. 8 ORB 12183 Pg 446 ARTICLE VI PROPERTY OWNERS' ASSOCIATION Section 6.1 "AssOCIatIon" For the purpose of enforcmg th1s Declaration of Covenants and RestrIctIons and for performing the obligations created hereunder, a property owners I association to be known as PREMIER GA TEW A Y CENTER AT QUANTUM, INC or such other name as the Declarant shall select shall be mcorporated by Declarant pnor to a sale or other conveyance of any part of the Property (other than a sale or other conveyance of all of the Property) For these purposes, the creation of a mortgage lien on any part of the Property shall not be deemed to be a conveyance requiring the formatIon of the AssociatIon. SectIOn 6.2 "Rules" The AssociatIOn is empowered to adopt and enforce whatever administrative rules and regulations It deems necessary to carry out its purposes, powers, rights and obligations Section 6.3 "Approvals" Unless the approval or action of the Owners and/or a certain specific percentage of the Board is specifically requrred by this Declaration, the Articles or By- Laws, or by applicable law, all approvals or actions required or permitted to be given or taken by the Association shall be given or taken by the Board, without the consent of the Owners, and the Board may so approve an act through the proper officers of the Association without a specific resolution. When an approval or action of the Association is permitted to be given or taken, such action or approval may be conditioned in any manner the Association deems appropriate, or the Association may refuse to take or gIve such actIon or approval without the necessity of establishing the reasonableness of such conditIOns or refusal, except as herein specifically provided to the contrary Section 6.4 "Articles" As soon as is practical following the formation of the Association, if one is required to be formed pursuant to this Declaration, the Declarant shall record, in the Public Records, a copy of the ArtIcles and thereafter, any amendments thereto No amendment to the Articles shall be deemed an amendment to this Declaration, and this Declaration shall not prohibit or restrict amendments to the Articles except as speCIfically provided herem. Section 6.5 "By-Laws" As soon as is practical followmg the formation of the Association, If one is required to be formed pursuant to this Declaration, the Declarant shall record, in the Public Records, a copy of the By-Laws and thereafter, any amendments thereto No amendment to the By-Laws shall be deemed an amendment to this DeclaratIOn, and this Declaration shall not prohibit or restrict amendments to the By-Laws, except as specifically provided herein. Section 6.6 "Membership" All Owners of a Lot which is subject to this Declaration, or subsequently is made subject to this Declaration, shall be members of the ASSOCIation. MembershIp as to each Lot shall be established and transferred as provided by the Articles and 9 urm ~ c: :1. ~~ ~g ...c,....c,. 7 the By-Laws, provIded, however, that such membershIp cannot be transferred except in connectIon WIth a Lot. Section 6.7 "Approval or DISapproval of Matters" Whenever the decision of the Owners is required upon any matter, whether or not the subject of an AssociatIon meeting, such decisions shall be expressed in accordance WIth the ArtIcles and the By-Laws SectIon 6.8 "Voting" On all matters as to whIch the Owners shall be entItled to vote, each Owner's vote shall be the Owner's percentage interest in the Property to be cast m the manner provided m the ArtIcles and the By-Laws Section 6.9 "Management Firm" The Association is empowered to retain a management firm or manager for the purposes of managing the AssocIation's business, and the cost thereof shall be deemed a Common Expense The Association, by and through the Declarant, may retam the Dec1arantor anaffiliate of the Declarant to act as manager and pay him a reasonable fee Such management shall be undertaken pursuant to a written contract wherein the duties and rights of the ASSOCIation and the management entity shall be set forth. Section 6.10 "Notification Upon Default" The Association shall have the unconditional right to notify any mortgagee holding a first mortgage of record on any Lot when and if a Lot Owner shall be in default ill the performance of any obligation described in this DeclaratiOn which is not cured withm thirty (30) days from the Owner's receipt of wntten notice of a default, proVIded, however, that in the event an Institutional Mortgagee holding and owning a first mortgage of record on any Lot shall request notice in writing of any default on the part of any mortgagor under a mortgage to which such Institutional Mortgagee holds tItle, the Association shall have the duty to inform such Institutional Mortgagee of any event of default or the lack of performance as contemplated herein. ARTICLE VII ASSESSMENTS Section 7. 1 "Creation of the Lien and Personal Obligation of Assessments" The Owner of a Lot (by acceptance of a deed for such portion of the Property, whether or not it shall be so expressed in any such deed or other conveyance), including any purchaser at a judiCIal sale, shall be deemed to covenant and agree to pay to the Association any annual assessments for Common Expenses or charges and any special assessments to be fixed, established and collected from time to time as hereinafter provided. All such assessments, together with interest thereon, from the due date at the highest rate allowed by law and costs of collection thereot (including reasonable attorney I s fees before, during and through JudIcial or administrative proceedings) shall be a charge against and a lien upon the Lot(s) against wInch each such assessment is made and shall also be the personal obhgatlOn of the Owner No Owner of a Lot may waive or otherwISe escape liability for the assessments provided for herein by non-use or by abandonment. 10 ORB 12183 Pg 448 SectIOn 7.2 "Purpose of Assessments" The annual and special assessments levIed by the AssocIation shall be used exclusively for the purpose of promotmg the health, beauty, safety, secunty and welfare of the Owners of the Property and, m partIcular, for the payment of Common Expenses as such qualItIes relate to the Property Section 7.3 "Annual Assessments" Except as hereinafter provided, the annual assessment, excludmg any speCIal assessment, shall be set by the Board of Directors of the Association. The amount of the annual assessment shall be determined by the Board of Directors in accordance with the projected fmancIal needs of the ASSOCIatIOn. The decision of the Board of Directors of the Association as to such amount shall be fmal Section 7.4 "Special Assessments" In addItIOn to any annual assessments, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, m whole or in part, costs of extenor lighting and landscape irrigation, as well as landscape replacement, the cost of any construction, reconstruction, unexpected reparr or replacement of a capital improvement, as approved by the Board of Directors of the Association, including the necessary fIxtures and personal property related thereto, or to make up the difference between actual operating costs and the annual assessment, provided that any such assessment shall have the assent of a majority of the Lot Owners who are voting m person or by proxy at a meeting duly called for this purpose, wntten notice of which shall be sent to all Lot Owners at least thIrty (30) days in advance and shall set forth the purpose of the meetmg Section 7.5 "Rate of Assessment" Each Lot shall be responsible for a share of the annual and special assessments, which share shall be computed for each Lot by using the following computation. Total number of square feet contained within a Lot Total number of square feet contained WIthin the Property, including Common Areas = That Lot's Share Section 7.6 "Amount of Annual Assessment. Commencement of Annual Assessment and Due Dates" The annual assessments provided for in tlus Article VII shall commence on the fIrst day of the month next following the date of conveyance of the first Lot to an Owner The due date of any special assessment shall be fIxed in the Board Resolution authorizing the assessment. The annual assessment for each Lot shall be determined by the Board. The annual assessment period shall be the calendar year The Board shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner Assessments shall be payable in full on January 1st of each year Delinquent assessments shall bear interest at the rate of eighteen (18 %) percent per annum. In addition, the Board may establIsh a late charge for annual mstallments of assessments not received by the Association by the 10th day of January of each year in which the installment is due The Association shall, upon demand and for a reasonable charge, furnish a 11 UI-m ~ c: ~~..:S J.lg ~~"=' certificate sIgned by an officer of the AssociatIon setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the ASSocIatIOn as to the status of assessments on a Lot is bind10g upon the Association as of the date of its Issuance, and any purchaser or transferee shall have the nght to rely on such statement. Section 7.7 "Reparr Assessment" If in the process of constructIOn upon any Lot or other portion of the Property or 10 the makmg of any improvement, the Owner, Its employees, agents or independent contractors cause damage to any other Lot, lIDprovement, Common Areas, roadway, drive aIsle or to any other property owned by someone else WIthin the Property, the Owner shall be responsible for such damage If the AssocIation, either voluntarily or 1Ovoluntarily, makes repairs or othelWise cures the damage caused by the Owner, Its employees, agents or independent contractor, the Owner shall be obligated to reimburse the Association for all expenses the Association incurred 10 curing the damage Such amount shall be treated as a special assessment against such Owner and such Owner's Lot, and the ASSocIation shall have all rights and powers as provIded 10 this ArtIcle Section 7.8 "Effect of Non-Pavment of Assessment: Lien. Personal Obligation. Remedies of AssociatIOn" The lien for any assessment(s) upon a Lot shall be effective from and after recording in the Public Records, a claim of lien stating the description of the Lot encumbered thereby, the name of the Owner, the amount and date when due Such claim of lien shall include not only assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorney I s fees, advances to pay taxes and prior encumbrances and interest thereon, but also such claim of lien shall include such additional assessments which accrue from the first non-payment to which the clann of lien relates to the entry of a judgment in favor of the Association with respect to such lien. Such claims of lien shall be signed and verified by an officer or agent of the Association. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record. If the assessment is not paid withIn thirty (30) days after the delinquency date, which shall be set by the Board of Directors of the Association, the Association may at any time thereafter bring an action to foreclose the lien aga10st the Lot(s) in like manner as a foreclosure of a mortgage on real property and/or a SUIt on the personal obligation against the Owner(s) and there shall be added to the amount of such assessment the cost of preparing and filing the complaint in such action, including a reasonable attorney's fee, and, in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the Court, together with the cost of the action. Section 7.9 "Subordination to Lien of Mortgages" The lien for assessments shall be subordinate to the lien of any first mortgage of an Institutional Mortgagee and to the lien of any second mortgage owned by the Declarant and arising from the initial sale of a Lot( s) Such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure of such mortgage or deed in lieu of foreclosure No sale or other transfer shall relieve any Lot from liability for any assessment thereafter becoming due nor from the lien of any such subsequent assessment. The written 12 ORB 12183 Pg 450 opinion of eIther the Declarant or the ASSOCIatIOn that the lien is subordmate to a mortgage shall be disposItive of any questions of subordmatIOn. Section 7.10 "Foreclosure/Deed in Lieu of Foreclosure" When an Institutional Mortgagee of record or other purchaser of a Lot obtaIns tItle to a Lot as a result of foreclosure of a Mortgage owned by said Institutional Mortgagee or when an InstItutIonal Mortgagee of record accepts a deed to said Lot in lieu of foreclosure, such acqUIrer of title, his grantees, heIrS, successors and assigns shall not be lIable for the share of Common Expenses or assessments by the ASSOCIation pertammg to such Lot, or chargeable to the former Owner of such Lot, whIch became due prior to acquisItion of title as a result of the foreclosure or the acceptance of such deed in lIeu of foreclosure unless such expenses or assessments were secured by a clalffi of lien recorded prior to such Mortgage Such unpaId share of common expenses or assessments shall be deemed to be Common Expenses, collectible from all of the Owners, including such acquirer, his grantees, heIrS, successors and assigns The InstItutIOnal Mortgagee, after acquiring the title, shall be responsible for all Common Expenses and assessments as the Lot Owner which shall accrue subsequent to Its acquisition of title Section 7. 11 Any and all InstItutional Mortgagees, theIr successors and assigns acquiring tItle to a Lot shall have the unqualified nght to sell, lease, mortgage or otherwise transfer any such Lot without the approval at any tlffie of the Declarant and/or the Association. ARTICLE vm DECLARANT'S RESERVED RIGHTS TO PROPERTY Section 8.1 "Extension of Covenants and Restrictions to Include Additional ProlJerty" The Declarant may, at any time, make subject to these Covenants and Restrictions other properties now or hereafter owned by the Declarant by executing an instrument in writmg applying these Covenants and Restrictions to such other properties and by recording the instrument in the Public Records Section 8.2 "Withdrawal of Land" The Declarant may, but shall have no obligation to, withdraw at any time or from time to time portions of the Property, proVIded only that the withdrawal of lands as aforesaid shall not, without the joinder or consent of a majority of the members of the Association, materially increase the pro rata share of expenses of the Association payable by the Owners remaining subject hereto after such WIthdrawal The withdrawal of lands as aforesaid shall be made and evidenced by filmg in the Public Records, a supplementary Declaration WIth respect to the lands to be withdrawn. Declarant reserves the right to so amend and supplement this Declaration without the consent or jomder of the AssociatIon or of an Owner and/or mortgagee of land included withm the Property Section 8.3 "Platting the Subdivision RestrictIOns" The Declarant shall be entitled, at any time and from time to time, to plat and/or replat all or any part of the Property and to file 13 ORB 12183 Pg 451 subdivisIOn restrIctions and/or amendments thereto WIth respect to any undeveloped portIon or portIons of the Property Section 8.4 "Easements" The Declarant reserves the right, from tIme to time hereafter, to delmeate, plat, grant or reserve within the Property owned by it such sidewalks, ways and appurtenances thereto and such easements for drainage and public utilitIes, as it may deem necessary or desrrable for the development of the Property (and from time to time to change the location of the same), free and clear of these Covenants and RestrIctions, and to dedicate the same to public use or to grant the same to any govermng municIpal, quasI-governmental or regulatory authority, mcluding any appropriate publIc utilIty corporatIons Such easements may be assigned by Declarant in whole or in part to the AssocIation, to any CIty, county, or state government or agency thereof, or to any duly licensed or franclnsed public utility or to any other designee of Declarant or to the Quantum Community Development DIStrict. The Lot Owners hereby authorize the Declarant or the Association to execute on their behalf, and without further authorization, such Grants of Easement and other instruments as may from time to time be necessary to grant easements over and upon the Property or any portion thereof in accordance with, or to implement the prOVIsions of, this Article The Declarant reserves to itself, its successor and assigns an easement for ingress and egress in favor of Declarant and ItS deSIgnees in conjunction WIth its development, construction, marketing and sale of the Lots Section 8.5 "Declarant's Right to Modify Roadways" Declarant reserves the right to modify the alIgnment of the Common Area roadways to accommodate future development, provided that such modification does not materially adversely affect access to any Lot and provided that such modification is approved by the applicable governmental authority Section 8.6 "Right of Association to Enter upon Property" There shall exist easements for ingress and egress in favor of the Association by its Board or the designees of the Board to enter upon each portion of the Property for the purpose of fulfilling its duties and responsibilities of administration, maintenance and reparr in accordance WIth its ArtIcles of Incorporation, By-Laws and this Declaration. ARTICLE IX MISCELLANEOUS Section 9.1 "Term" The Covenants and Restrictions of this Declaration shall run WIth and bind the Property and shall inure to the benefit of and be enforceable by the Declarant, the Association or any Owner of a Lot subject to tlns Declaration and therr respective heirs, successors and assigns for a term of tlurty (30) years from the date this Declaration is recorded, after which time said Covenants and RestrIctions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the then Owners of Seventy-five (75%) percent of the 14 U"~ ~ c::: ~ t:S":s"'g .q.~e:: ownershIp interests (Owners of75 % of the total square footage of all of the Lots) m the Lots (each Lot counted separately), rrrespectIve of multiple ownership percentage mterest m the Property, agreeing to revoke saId Covenants and Restrictions Provided, however, that no such agreement to revoke shall be effective unless made and recorded three (3) years in advance of the effective date of such revocation and unless written notice of the proposed agreement IS sent to every Owner at least mnety (90) days in advance of any action taken. SectIOn 9.2 "Enforcement m General" Each Lot Owner and each InstItutIOnal Mortgagee holding and owning a mortgage on a Lot shall have the right to enforce the provIsions hereof by proceedings at law or in equity against the person andlor entity violatmg or attempting to violate the terms hereof, either to restrain such violation or to compel compliance herewith or to recover damages m connectIOn therewith, and shall have the right to enforce any lien created or arismg under the terms of thIS Declaration. Failure by any Lot Owner or InstItutional Mortgagee to enforce any covenant or restrIction contained herein shall, in no event, be deemed a waiver of the right to do so thereafter Section 9.3 "Enforcement, Attorney's Fees and Costs" Each and all of these Covenants and Restrictions shall be enforceable by injunction or other form of action available to the parties aggrieved, the ASSOCIation, the Declarant or their respective successors or assigns This Declaration may be enforced by any procedure at law or in eqUIty against any person or Owner violating or attempting to violate any provision herein, to restrain such violation and to require compliance WIth the provisIOns contained herein. The expenses of any lItigation at the trial andlor appellate levels to enforce this Declaration shall be borne by the person or Owner against whom enforcement is sought, provided such proceedings result in a fmding that such person or Owner was in violation of thIS Declaration. Expenses of litigation shall include reasonable attorneys I fees, court costs and expenses and include such fees, court costs and expenses incurred in any appellate proceeding Any failure by the Declarant or the Association to enforce any provision of this Declaration shall in no event be deemed a waiver of the right to do so thereafter Section 9.4 " Amendment" This Declaration of Covenants and Restrictions may be amended, modified or altered by instruments in writing, recorded in the Public Records, approved by the Declarant, and, if the Declarant is not the sole owner of the Property, approved by (1) two-thirds of the Board of Directors of the Association prior to the first meeting of the members and (2) by seventy-five (75 %) percentage interests of the members after the first meeting of the members No amendment may change the ratio of assessments against Owners without the prior written approval of all Owners and all first mortgagees having an interest in the affected Lot. Any such amendment shall be certified by the PreSIdent and Secretary of the Association and recorded m the PublIc Record. The proviSIOns in thIs Declaration whIch are for the benefit of Institutional Mortgagees may not be amended without the consent of the said Institutional Mortgagees 15 ORB 12183 Pg 453 Section 9.5 "Liability" The Declarant, or the AssoCIatIon or their aSSIgns or nominees shall not ill any manner be held lIable or responsible, eIther drrectly or indirectly, for any violation of thIS DeclaratIOn. Section 9.6 "First Meeting of the Members of the Association" Until the Declarant terminates control of the Association, there shall be no annual or special meeting of the members of the Association and, should a meeting be called, the proceedings shall have no effect unless approved by the Board of Drrectors of the Association. However, the Declarant may waive tlns provisIon, m whole or in part, by consenting m writing to a meeting of the membership for the purposes set forth therem. The Declarant shall have the right to appoint all Drrectors of the Association untIl the Declarant has turned over control of the Association to the Owners At the time the Declarant has conveyed all Lots or earher, at the option of Declarant, the Declarant shall terminate its control of the Association and shall turn over control of the Association to the Owners At the time of such turnover, the frrst meeting of the members shall be held. At the frrst meeting of the members, the Directors of the Association shall be elected in accordance with the provisions of the Articles of Incorporation and By-Laws Section 9.7 "Assignment of Declarant's Rights and Duties" Any and all of the rights, powers and reservatIons of the Declarant herein contained may be assigned to any person, corporation or association which will assume the duties of the Declarant pertaming to the particular rights, powers and reservations assigned, upon any such person, corporation or association evidencing its consent in writing to accept such assignment and assume such duties, he, she or It shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. If at any time the Declarant ceases to exist and has not made such an assignment, a successor Declarant may be appointed m the same manner as these Covenants and RestrictIOns may be terminated, extended, modified or amended hereunder The Declarant may, from time to time, delegate any or all of its rights, powers, discretion and duties hereunder to such agents as It may nominate It may also permanently assign any or all of its powers and duties (including discretionary powers and duties), obligations, rights, title, easements and estates reserved to it by th1s DeclaratIon to anyone or more corporations, associations or persons that will accept the same Any such assignment shall be in wnting and recorded in the Public Records, and the assignee shall join therein for the purpose of evidencmg ItS acceptance of the same Such assignee shall thereupon have the same rights, title, powers, obligations, discretion and duties as are herein reserved to the Declarant, and the Declarant shall automatically be released from such responsibility, unless the Declarant shall otherwise reserve a right or duty hereunder SectIOn 9.8 "Mutuality. Reciprocity. Runs with Land" All covenants, restrictions, conditions and agreements contamed herein are made for the direct, mutual and reCIprocal benefit of each and every Lot and other Property in favor of every other Lot and other Property, shall 16 ORB 12:183 Pg 454 create recIprocal rights and obligatIons between all grantees of SaId Lot and other Property, their heIrs, successors, personal representatives and assIgns, and, shall, as to the Owner of each Lot, his or her heIrs, successors, personal representatIves and assigns, operate as covenants running WIth the land for the benefit of all other Lots Section 9.9 "Benefits and Burdens" The terms and provisions contaIned in this Declaration of Protective Covenants and Restrictions shall bmd and mure to the benefit of the Declarant, the Owners of all Lots located within the Property, the Owners of addItIOnal Property made subject to this Declaration of Covenants and RestrictIOns and theIr respective heirs, successors, personal representatives and asSIgns Section 9.10 "Notices" Any notIce requIred or permItted herem shall be m wntmg and mailed, postage prepaid by registered or certified mail, return receIpt requested, and shall be directed as follows If intended for an Owner, to the address of the Lot If intended for Declarant, to the address-as set forth herein or the address set forth in the last notification by the Declarant of a change of such address Section 9.11 "Singular and Plural" Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to mclude any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires Section 9.12 "Failure to Enforce Not a WaIver of Ril!hts" Any waiver or failure to enforce any provision of these Covenants and Restrictions in a particular situation shall not be deemed a waIver or abandonment of such provision as it may apply in any other situatIOn or to the same or a similar situation at any other location in PREMIER GA TEW A Y CENTER AT QUANTUM or of any other provision of these Covenants The failure of Declarant, the Association or any Lot Owner to enforce a Covenant or Restriction herem contained shall in no event be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other Covenant or Restriction. Section 9.13 "Constructive Notice and Acceptance" Every person who now or hereafter owns or acquires any right, title or interest in or to any portIOn of said Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restrictIOn contained in the instrument by which such person acquired an interest in said Property Section 9.14 "Captions" The captions, section numbers and article numbers appearing in this Declaration are inserted only as a matter of convemence and in no way defme, limit, construe or describe the contents of the article, section, sub-section or text to WhICh such caption(s) may apply Section 9.15 "Severability" If any part or section, word or phrase of this Declaration shall be declared invalid by a Court of competent jurisdiction, the same shall not be construed as an invalidatIon of any other part or section, word or phrase of this Declaration, or the Declaration in its entirety, and to this end, the provisions of this Declaration are declared to be severable 17 UN) .&. c:: ~ t:S..:S...g "'+:5:5 IN WITNESS WHEREOF, GATEWAY BUSINESS PARK L.C , a Florida limited l~abIhty company, has hereunto set Its hand and seal through two of its authonzed manager tlns l day of ^'~ ;e.."", '.,.c. r , 2000 GATEWAY BUSINESS PARK L C, a Flonda lumted l1ability company STATE OF FLORIDA COUNTY OF BROW ARD BEFORE ME, the undersigned officer duly authorized to admmister oaths and take acknowledgments in the State of Florida, personally appeared JACK AZOUT andErIllJtSREDNI, authorized Managers of GA TEW A Y BUSINESS PARK L C , a Florida limited liability company, who, after bemg duly sworn by me, upon their oath stated that they have executed the foregoing Declaration of Covenants and Restrictions for the purposes therein expressed. , L WITNESS my hand and official seal at Pompano Beach in said State and County on this IE-dayof 4/PJ/~~1f ,2000 .-.)JoY'~ ANA M. HERNANDEZ f .,.V'" MYCOMMISSION#CC830158 j 1'1'" ,\,~., EXPIRES: Apr 26, 2003 l~ARY Fl& NoWrySenige&Ban<lng.Co. ~~ My Commission Expires ~/~tJ..J declarationofcovenants gateway 18 UIUJ ~.c::: ~ ~~...g 4:;:)b DOROTHY H. WIlJ{EN, CLERK PB COUNTY, FL LENDER CONSENT BankUmted, FSB, a Federal savings bank ("Lender"), the owner and holder of one or more of a Mortgage, AssIgnment of Rents and Secunty Agreements, as modIfied from time to tune (collectIvely the "Mortgage") encumbermg the Property, does hereby consent to the makIng of and recordation of the foregomg DeclaratIOn of Covenants and RestrictIOns for Prermer Gateway Center and Quantum (the "DeclaratIOn") and Lender acknowledges and agrees that the Declaration shall be a PermItted ExceptIOn under the Mortgage NothIng contaIned herein shall be construed to impose any personal liability on Lender or Its successors or asSIgns BANKUNITED, FSB, a Federal savings bank aSSOCIatIon Signed, sealed and dehvered the presence of: oA-J1 BY~~ _ Senior V Ice-PresIdent STATE OF FLORIDA COUNTY OF MIAMI-DADE / The foregoing instrument was acknowledged before me thiss#'day O~~€M~' 2000, by Clay F Wilson, senior vice-president of BankUnited, FSB, a Federal savings . He IS personally known to me or has produced a Florida driver's license as~entifiCatiOn4 Ii \ \ I (Affix Notary Seal) , . BARBARA S. 9AUTA Notary Public. State of Florida No. CC 609687 Commtssion Expires December 23. 2000 19 RHON ERNEST..JONES CONSULTING ENGINEERS INC 2900 University Drive Coral Springs, FL 33065 Tel (954) 344-9855 Fax (9541 341 596! LETTER OF TRANSlVIITTAL ATTN RE /~-6-f~ ?7Y ~F #dYH701'Y g~ VIA /~P E ~JMlN ~t9ft:;# I1tv# &-Y#~,ft.. J.JV'~ ~e~ /G~#,c (}~/I,VVJ ~//I/~~JOn NO PICK UP __ ~ND DELIVER __ REGULAR MAIL OTHER DATE TO qg ~ tJg03 I );n;- (JLA-M:> SP-I ~ "3 [/rYV'I5u't'M? fLI+fV5 L />-1 TlfLu 3 IrfUH/~ F~ctl- PL,t-1/l5> ~ ~~hJ-'b-v S Llo//Hf I'/lt ,~ w! IIflTDHt?"1ftt0 t:..--.,v:,f,vc-~tlVf1 /''1A# 5,. CI - C hI' Lt G.lh7/rV FtJ ~ ~ - f 1,5~t) tJo 2-~ ~ 1&. (,q1..AlL gD~ '7 - I For Review and Comment For Your Use 12 SUf~ iT' S-~ ') )" e1""S FrJ"'d- T tL C 3 / For Akroval 11'11"7- UJ __As R REMARKS COpy TO RECEIVED BY SIGNED OAT' C1/M-/tfrM t:~t-~3 IF ENCLOSURES 4RE NOT AS NOTED KINDL't NO' RHON ERNEST..JONES CONSULTING ENGINEERS INC 2900 University Drive Coral Springs. FL 33065 Tel (954) 344-9855 Fax 19541 341 596! LETTER OF TRANSlVIlTTAL DATE TO /~-6-?~ ~7Y ~F #dJl#m/Y 5~ VIA /t7e1 E ~YA/!llll ~t9JrA &//# &1'#7PII/~.k.. 5fVzr .4 / ~e~ /v~..&~ (;)~?UM &.J/N~ ~JOB NO PICK UP ~_ ~ND DELIVER REGULAR MAIL OTHER ATTN RE erg - t>803 L_ j. I ); n:;- y>W'tV~ S" 1'-1 ~ "3 L/tYV~$~ fU+N5 L P-i TJte-u 3 /tiUHI1C'~ F~UIl- PVrM$ (} ~~/t-J7 b-v S LI~lHf f'/t., ftfH./ w (11I-ITtJ H n-n,0 C-""':::'/IV~""'z:::'at~ ~ $. CI - C 9 Irr I' I-{(.,,"t--17 /}rt/ FtJ ~ Ctte-u< - ~ I,St:Jt) t)O 2-lt ~ :f6 CtJ LDIt- g Dm&e ~ - I 1 1 y I r- G/j1A!JyZ- ~ t!J'Ifr1<J For Review and Comment For Your Use ___As Requested 12 <;~M!'1O 7/' >~ ') fe1~ ~ T fLC 3 / For Akrova' REMARKS COPY TO RECEIVED BY SIGNED DATE. CfA+/fr'rM t:~t-~3 IF ENCLOSURES ARE NOT AS NOTED KINDLY NOTIFY US AT ONCE'