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APPLICATION fo PROJECT NAME: QUANTUM PARK DRIA LOCATION: QUANTUM PARK COMPUTER ID QUANTUM P ARK\DRIA - MFT PERMIT # I FILE NO DRIA 98-003 II TYPE OF APPLICATION DRIA I AGENT/CONTACT PERSON OWNER/APPLICANT Eugene A. Gerlica, P.E. Mock, Roos & Associates, Inc. PHONE PHONE (561) 683-3113 FAX. FAX. (561) 478-7248 ADDRESS ADDRESS 5720 Corporate Way West Palm Beach, FL 33407-2066 Date of submittaVProjected meetine dates. SUBMITTAL / RESUBMITT AL 12/23/98 1ST REVIEW COMMENTS DUE PUBLIC NOTICE Advertise 1/11/99 City Clerk/F AX. 1/8/99 OUT/City Atty. 1/6/99 TRC MEETING PROJECTED RESUBMITTAL DATE ACTUAL RESUBMITTAL DATE 2ND REVIEW COMMENTS DUE LAND DEVELOPMENT SIGNS POSTED (SITE PLANS) PLANNING & DEVELOPMENT BOARD 1/26/99 MEETING CITY COMMISSION MEETING 2/2/99 COMMENTS S:\FORMS\PROJECT TRACKING INFO PLANNERS ENGINEERS February 12, 1999 Mr Charles PattIson, DIrector DIV of Resource PlannIng & Management Bureau of State Plannmg 2740 Centervlew Dnve Tallahassee, FL 32399 AttentIon, Mr Tallal Benothman Subject: NotIficatIon of a Proposed Change Quantum Park - DR! (Our Ref No 9801902) Dear Mr PattIson. On behalf of our ClIent, MFf Development, Inc ,enclosed please find a NotIficatIon of a Proposed Change for the Quantum Park - DRI. Included IS the reVIsed Master SIte Development Plan, Amendment No 9, Mock-Roos Drawmg No 45-43-17-23, Sheet 1 of 1, reVIsed February 10, 1999 ThIS ExhibIt was prepared usmg the eXlstmg Master Plan of Record, prepared by others, as a baSIS for the ExhibIt. Also enclosed IS a Traffic Statement prepared by Pmder, Troutman Consultmg, Inc , dated February 10, 1999 Should you have any questions, please contact me at extenSIOn 215 } V truly yours, OCIATES, INC // L::? Eugen A. GerlIca, P.E SenIor Project Manager ~-- EAG'Jeh Enclosure Ms, Kerry WillIS, CIty of Boynton Beach Mr James Synder, Treasure Coast RegIOnal PlannIng CouncIl (w/encl.) Douglas MacDonald, MFf Development (w/encl.) Mr DaVId B Norns, Esq , Cohen, Chernay , Norns, et al. (w/encl.) Mr Michael Rhumpf, Actmg DIrector Planning and Zonmg, CIty of Boynton Beach (w/enel.) Mr Allan Fedenco, PBC Traffic DIVISIon (w/encl.) Letters:mft_ quan:980 19 02.l006egjh.doc CopIes Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach, Florida 33407 2066, (561) 683-3113, fax 478-7248 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak. Boulevard Tallahassee, Flonda 32399 (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380 06(19), FLORIDA STATUES Subsection 380.06(19), Florida Statues, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form 1 I, Douglas MacDonald, PreSIdent of MFT Development, Inc , hereby gIve notice of a proposed change to a prevIously approved Development of RegIOnal Impact m accordance with Subsection 38006(19), Flonda Statues. In support thereof, I subITIlt the followmg mformatIOn concernmg the Quantum Park Development, which mformatlon IS true and correct to the best of my knowledge I have subITIltted today, under separate cover, copIes of thIS completed notIfication to the City of Boynton Beach, to the Treasure Coast RegIOnal Plannmg Council, and to the Bureau of State Plannmg, Department of Commumty AffaIrS. ~ JUb to Iqq (Date) Letters:mft _ quan:980 19.02.1007egjh.doc 1 ReVIsed 2/10/99 2 Applicant. MFf Development, Inc., A Flonda CorporatIOn 1401 Forum Way Smte 101 West Palm Beach, FL 33401 Phone (561) 686-6959 Fax (561) 686-8863 3 Authorized Agent N/A 4 Location Quantum Park DRI, City of Boynton Beach, County of Palm Beach, TownshIp 45 South, Range 43 East, SectlOns 16, 17, 20, and 21 5 Provide a complete description of the proposed change. Include any proposed changes to the Plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements or to the representations contained in either the development order or the Application for Development Approval AdoptIOn of Master SIte Development Plan Amendment No 9 attached hereto Lot 2. The use deSIgnatIOn has been changed from "office/industnal" to "office/industnallhotel" to accommodate the development of addItIonal rooms adjacent the eXIstmg Hampton Inn. The addItIOnal rooms are planned to be WIthIn the current allowable thresholds and development order condItions. Lots 66, 67-A and 67-C. The use deSIgnatIOn IS changed from "office/industriallhotel" to "office/industrial/commercial" This use deSIgnatIOn change IS proposed to accommodate a complementary commercIal development adjacent the proposed multI-screen stadIUm seating mOVIe theater complex upon Lots 83 through 88, inclUSIve. Lots 76,81 and 82 The use deSIgnatIOn has been changed from "office/industrial/commercIal" to "office/industnal" This change reduces the acreage deSIgnated for commercIal uses, These propertIes were purchased WIth deed restrictions prohibItmg commercIal developments. The "office/industrIal" developments upon these lots wIll be m accordance WIth the current thresholds for gross floor areas for these uses. Lots 83, 84, 85, 86, 87 and 88 The use deSIgnatIOn "AttractIons and RecreatIOn" (AR) has been added to the current deSIgnatIOn of "office/industnal" for these lots. These lots total 22.50 acres. The use designatIOn IS added to allow for the proposed multi screen, stadIUm seatmg mOVIe theater complex. The property IS currently under contract WIth the Letters:mft _ quan:980 19 .02:1007egjh.doc 2 ReVIsed 2/1 0/99 theater developer MUVICO Twenty (20) screens are proposed. The proposed change IS requested wIthout an Increase In the total vested trIp generatIOn of 63,752 trips. The commutatIve changes In the use designatIons have reduced the land area available for commercIal development from 33.24 acres to 31.24 acres, the "office/industrial/hotel" use desIgnatIOn has been reduced from 8.01 acres to 3 78 acres and the "office/industnal" use designatIOn has been reduced from 15073 acres to 134.28 acres. The attached Quantum Park Master Plan mdIcates the changes reqUIred. 6 Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No change to the DR! IS proposed other than as set forth In paragraph 5, above Because of the multIple land use designatIons on many of the lots wIthIn the DR! project, the Applicant submits that completIon of the SubstantIal DeVIatIOn DetermInatIon Chart would not be productIve 7 List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Ongmal Development Order December 18,1984 June 3, 1986 First Amendment to Development Order Second Amendment to Development Order Third Amendment to Development Order October 21, 1986 February 2, 1988 Fourth Amendment to Development Order Fifth Amendment to Development Order AprIl 19, 1994 November 15, 1994 Letters:mft _ quan:980 19 02.l007egjh.doc 3 Revised 2/10/99 SIxth Amendment to Development Order July 16, 1996 Seventh Amendment to Development Order EIghth Amendment to Development Order 8 Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval of issuance of the DRI development order Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map December 17, 1996 March 17, 1997 No additIOnal lands were purchased or optIOned smce the approval of the InItIal Development Order 9 Indicate if the proposed change is less than 40 % (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380 06(19)(b), Florida Statues. Proposed change IS less than 40% (cumulatIvely with pnor changes) of any of the critena hsted m paragraph 380 06(19)(b) Do you beheve tills notIficatIOn of change proposes a change WhICh meets the cntena of Subparagraph 38006(19) (e) 2., F S YES NO x We beheve the proposed change does not create addItIOnal regIOnal impact. The proposed change described m No 5 above decreases the land area avaIlable for commercIal, office and mdustnal development. The proposed change allows for the development of an attractIOn and recreational land use on 22.5 acres of land prevIously deSIgnated for only office and/or mdustnal use The proposed change does not mcrease the thresholds for traffic generatIOn, land use or bUIldmg area currently established by the development order and subsequent amendments. The revIsed master SIte development plan and supportmg traffic statement proVIde for an equivalence formula m the event Lots 83 through 88, inclusIve are developed as a multI- screen, stadmm seatmg mOVIe theater complex, In the event the lots are not developed as such, the only IdentIfiable proposed change is the office, commercIal and/or mdustnalland use deSIgnations of the lots described m No 5 above Letters:mft_ quan:980 19.02.1007 egjh.doc 4 ReVIsed 2/1 0/99 10 Does the proposed change result in a change to the build-out date or any phasing data of the project? If so, indicate the proposed new build-out or phasing date. Proposed change wIll not change the build-out date. 11 Will the proposed change require an amendment to the local government comprehensive plan? The proposed change will not reqUIre an amendment to the local government comprehensIve plan. Please reference the attached letter dated November 13, 1998 from the City of Boynton Beach expressmg support of the proposed changes, Provide the following for incorporation in to such an amended development order, pursuant to Subsections 38006(15), F.S., and 9J-2.025, Florida Administrative Code 12 An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. PrOVided is an updated Master Plan prepared by Mock, Roos & ASSOCiates (Dwg. No 45- 43-17-23) dated December 1998, revIsed February 10, 1999 13 Pursuant to Subsection 380 06(19) (f), F S., include the precise language that is being proposed to be deleted or added as an amendment to the development order This language should address and quantify. a All proposed specific changes to the nature, phasing, and build-out date of the development, to development order conditions and requirements, to commitments and representations in the Application for Development approval, to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts, to structures or to other improvements including locations, square footage, number of units, and other major characteristics or components of the proposed change, It is requested the development order language be amended to mclude the followmg provISIOns 1 Master Plan Amendment No 9 to the Master SIte Development Plan for Quantum Park, Dated February 10, 1999, IS hereby approved, Letters:mft_quan:9801902.l007egjh.doc 5 ReVIsed 2/1 0/99 b An update legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development, The Project Total Acreage and Legal Descnptlon remams unchanged. c A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable, A deadline IS not proposed. d A proposed amended development order termination date that reasonably reflects the time required to complete the development; The termmatIOn data remams unchanged. Letters:mft_ quan:980 19 .02.1007 egjh.doc 6 RevIsed 2/1 0/99 FEB 3 I "~I: ~~ I .~_:-...-__..".! PLANNERS ~_,_~o,-~~--,::"l lw:r~~\ I ';' L::; ; -_..~- ;--, n ! ~ I i! I ENGINEERS ~' January 29, 1999 Mr James Snyder Treasure Coast RegIOnal Planmng Council 301 East Ocean Boulevard, SUIte 300 Stuart, FL 34994 Subject: Quantum Park - NOPC ApplIcatIOn Fee DepOSIt ~Our Ref No 9801902) Dear Mr Snyder Enclosed IS Check No 1368 for $2,500 00 from the MFT Development, Inc for the reqUISIte depOSIt to cover the processmg costs of the Notice of Proposed Change subrmtted on December 22, 1998 Thank you for meetmg WIth me and revlewmg the ApplIcatIon and provldmg some constructIve comment to effect thIS change As soon as I receive the Traffic Analysis bemg prepared by Mr Kahart Pmder of Pmder, Troutman Consultmg, Inc , I WIll transrmt a revIsed ApplIcatIon, a revIsed Master Plan addressmg your comments and the Traffic AnalysIs Thank you agam for your cooperatIOn and If you have any questIons, call me at extensIOn 215 ~~ CIATES, INC EAG:alg Enclosure CopIes. Douglas MacDonald, MFf Development, Inc Mike Rumpf, CIty of Boynton Beach Talal Benothman, Department of Commumty AffaIrs Letters :mft_quan :980 19 ,02:IOO5eglg,doc Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach, Florida 33407 2066, (561) 683-3113, fax 478-7248 Michael Rumpf, Actmg Planmng and Zomng Admlmstrat".r ~-'il MIchael E, Haag, BUIldmg Code PermIt AdmIll1stratoM! )() DEPARTMENT OF DEVELOPMENT MEMORANDUM NO BD 99-025 TO' FROM DATE January 26, 1999 RE Quantum Corporate Park - DR! Amendment ill~@rnw~~ J112.1- 1 - p\J,t'UUNG AND ZONING DEPT. I We have revIewed the subject request and have no comments. MEH bg \\CHIMAIN\SHRDA T A \Development\Building-6870\Documents\ TRClDRI amendment Quantum Corporate Parkdoc MOCK ROOS ENGINEERS · SURVEYORS · PLANNERS December 22, 1998 Mr Charles PattIson, Director DIV of Resource Planning & Management Bureau of State Planmng 2740 Centervlew Drive Tallahassee, FL 332399 Subject: Notification of a Proposed Change Quantum Park - DRI (Our Ref No 9801902) Dear Mr PattIson. On behalf of our Client, MFT Development, Inc., enclosed please find a NotIficatIOn of a Proposed Change for the Quantum Park - DRI. Included is the Master SIte Development Plan, Amendment No 9, Mock-Roos Drawmg No 45-43-17-23, Sheet 1 of 1 ThIS ExhibIt was prepared usmg the existmg Master Plan of Record, prepared by others, as a basIS for the ExhibIt. Should you have any questIons, please contact me at extenSIOn 215 OCIATES,INC EAG"jeh Enclosure CopIes: Ms. Kerry Willis, City of Boynton Beach (w/enel.) Mr James Synder, Treasure Coast Regional Plannmg Council (w/enel.) Mr James F Murley, Department of Community AffaIrs (w/enel.) Douglas MacDonald, MFT Development (w/encl.) Mr David B NorrIS, Esq , Cohen, Chernay , NorrIS Etal Letters:mft_ quan:980 19.02.1002egjh,doc Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach, Florida 33407 2066 (56]) 683-3 '2 fax 478-'248 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Flonda 32399 (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DR!) SUBSECTION 380 06(19), FLORIDA STATUES Subsection 380 06(19), Florida Statues, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form I, Douglas MacDonald, President of MFf Development, Inc., hereby gIve notIce of a proposed change to a prevIously approved Development of RegIOnal Impact m accordance wIth SubsectIOn 380 06(19), Flonda Statues In support thereof, I subffilt the followmg mformatIon concemmg the Quantum Corporate Park. (formerly known as Boynton Beach Park of Commerce) development, whIch mformatIOn is true and correct to the best of my knowledge. I have submitted today, under separate cover copIes of tills completed notification to the City of Boynton Beach, to the Treasure Coast RegIOnal Planmng CouncIl, and to the Bureau of State Planmng, Department of Commumty AffaIrs. ~k (Date) 2. 2.) 19. L <6 Letters:rnft_quan"980 19 02.100 1 egjh.doc DEPARTMENT OF DEVELOPMENT Bulent I. Kastarlak, AlA, NCARB Director of Development Building Planning & Zoning Engineering Occupational Ucenses Community Redevelopment November 13, 1998 Mr Douglas B. MacDonald, President MFT Development Inc 1401 Forum Way, Suite 101 West Palm Beach, Fl33401 Dear Mr MacDonald, City of Boynton Beach is going through an exciting transformation. New development can be seen everywhere. The Department of Development is pleased to collaborate with MFT Development Inc. in bringing about this transformation in Quantum Park. The City supports several new projects being contemplated by MFT Development Inc in Quantum Park These new projects will be the vanguard of commercial development in the City They are 1) MUVICO will develop a 20 screen stadium seating"movie theater complex on lots 83 through 88 encompassing 23.5 acres of land. 2) Commercial designation from lots 81 and 82 on east side of High Ridge Road will be shifted to Lots 66, 67 A and 67C on the west side of High Ridge Road to accommodate a major commercial development. 3) Hotel use designation from lots 66, 67 A and 67C will be shifted to Lot 2 to accommodate another major hotel. All of these projects will have high impacts on the economy of Boynton Beach. When submitted to our Department, they will go through our established plan review and approval process and will be issued pennits based on the action of the City Commission If necessary, the DRI approval of the Treasure Coast Regional Council will be sought. We welcome the opportunity to serve the public in these important projects. Sincerely, cjf~)1:;?I;::o Bulent I Kastarlak, AlA, NeARS Director of Development America's Gateway to the Gulfstream 100 East Boynton beach Blvd., POBox 310 Boynton Beach, Florida 33425-0310 742-6357 Phone: (561) 742-6371 Fax: (561) SIxth Amendment to Development Order July 16, 1996 Seventh Amendment to Development Order December 17, 1996 Eighth Amendment to Development Order 8 Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval of issuance of the DRI development order Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map March 17, 1997 No addItlOnallands were purchased or optIOned Since the approval of the InItIal Development Order 9 Indicate if the proposed change is less than 40 % (cumulatively with other previous changes) of any of the criteria listed in Paragraph 38006(19)(b), Florida Statues. Proposed change IS less than 40% (cumulatIvely WIth pnor changes) of any of the cntena listed In paragraph 380 06(l9)(b) Do you believe thiS notIficatIon of change proposes a change which meets the cntena of Subparagraph 380 06( 19)(e) 2 F S YES x NO 10 Does the proposed change result in a change to the build-out date or any phasing data of the project') If so, indicate the proposed new build-out or phasing date. Proposed change WIll not change the build-out date 11 Will the proposed change require an amendment to the local government comprehensive plan? The proposed change wIll not reqUire an amendment to the local government comprehensIve plan, 2 Applicant MFf Development, Inc., AFlonda CorporatIon 1401 Forum Way SUIte 10 1 West Palm Beach, FL 33401 Phone. (561) 686-6959 Fax 659-7766 3 Authorized Agent. N/A 4 Location Quantum Corporate Park DR!, CIty of Boynton Beach, County of Palm Beach, TownshIp 45 South, Range 43 East, SectIons 16, 17, 20 and 21 5 Provide a complete description of the proposed change. Include any proposed changes to the Plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements or to the representations contained in either the development order or the Application for Developm~nt Approval AdoptiOn of Master SIte Development Plan Amendment No 9 attached hereto Lot 2. The use deSignatIon has been changed from office/industnal" to office/industnal/hotel" to accommodate the development of addItIonal rooms adjacent the eXIstIng Hampton Inn. The additIOnal rooms are planned to be withIn the current allowable thresholds and development order condItIOns Lots 66, 67-A and 67-C. The use deSignatIOn is changed from "office/industnal/hotel" to "office/industnal/commercIal" Tlus use deSIgnatiOn change is proposed to accommodate a complementary commercIal development adjacent the proposed multI-screen stadIUm seatIng mOVIe theater complex upon Lots 83 through 88 inclUSive. Lots 76, 81 and 82. The use deSIgnatIon has been changed from "office/industrIal/commercIal" to "office/industnal" This change reduces the acreage deSignated for commercial uses These propertIes were purchased With deed restnctiOns prohIbitIng commercIal developments, The "office/industrIal" developments upon these lots wIll be In accordance WIth the current thresholds for gross floor areas for these uses. Lots 83, 84, 85, 86, 87 and 88 The use deSignatiOn "Amusement and RecreatIon" (AR) has been added to the current deSIgnatIOn of "office/industnal" for these lots. These lots total 22.50 acres The use deSIgnatiOn IS added to allow for the proposed multI screen, stadIUm seatIng mOVIe theater complex. The property IS currently under contract WIth the theater developer Muvlco Twenty (20) screens are proposed. The proposed change IS requested WIthout an Increase In the total vested tnp generatIon of 63,752 tnps. The commutative changes In the use designations have reduced the land area available for commercial development from 33.24 acres to 31.24 acres, the "officelindustnallhotel" use designatIOn has been reduced from 8 0 1 acres to 3 78 acres and the "office/industnal" use deSignation has been reduced from 15073 acres to 134.28 acres. The attached Quantum Corporate Park Master Plan indIcates the changes reqUlred. 6 Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No change to the DRI IS proposed other than as set forth In paragraph 5 above Because of the multiple land use deSignations on many of the lots wlthm the DRI project, the Applicant subnuts that completIOn of the SubstantIal DeViatIOn DetenmnatIOn Chart would not be productive 7 List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originallv approved DRI development order that have been adopted by the local government, and provide a hrief description of the previous changes (i.e., am information not already addressed in the Substantial Deviation Determination Chart) Has there been a change in local government jurisdiction for an} portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a nc\\ DRI development order for the project? OngInal Development Order December 18 1984 First Amendment to Development Order June 3 1986 Second Amendment to Development Order October 21 1986 Third Amendment to Development Order February 2 1988 Fourth Amendment to Development Order Apnl19 1994 Fifth Amendment to Development Order November 15 1994 ,_ 08 98 THr 18 10 F.U 561 881 5509 COHE~ CHER'i:\Y Prepared By and Return To' David B. Norria Esquire Cohen. Norm. Scherer Weinberger & Harri5 712 U S. Highway One North Palm Beach. Florida 3340B MEMORANDUM OF RESTRICTIVE COVENANTS r---! /THIS MEMORANDUM OF RESTRICTIVE COVENANTS dated this / day of . I; ,\ - I 1998. BY AND BETWEEN Quantum Limited Partners, Ltd , a Florida limited partnership ("Seller") and Boynton Industrial Realty Corporation, a Delaware corporation ("Buyer"), provides as follows WITNESSETH WHEREAS, Seller is the owner of the Property as described in EXHIBIT "A" attached hereto ("Quantum Park"), and WHEREAS, Seller, on this date, is selling to Buyer, that portion of Quantum Park as described in EXHIBIT liB" attached hereto and made a part hereof ("Industnal Properties") and WHEREAS, pursuant to the land Purchase Option Agreement dated July 24, 1998 between Buyer and Seller, the parties agreed that Buyer would have the' exclusive right to develop industrial properties within Quantum Park, and Seller would be the exclusive office developer within Quantum Park; and WHEREAS, the parties desire to provide for such exclusive rights herein, and NOW, THEREFORE, for and In consideration of the mutual covenants and conditions as set forth herein and other valuable consideration, the receipt of which is t1ereby acknowledged, the parties hereto hereby agree as follows The foregoing recitals are true and correct and incorporated herein by ~01i t 'IS THt" 18 10 B.I 561 881 5509 COHE~ CHER'iAY ~018 2 Seller agrees that Buyer shall have the exclusive right to develop Industrial Property (as hereinafter defined) within Quantum Park. The term "Industrial Property" shall mean any project or building. speculative or build to suit, which IS intended for use as factory-office property, factory-warehouse property, storage property, distribution property, assembly and manufacturing property, or any combinatIon of the foregoing and any building with "dock-high" loading facilities or "grade leve'" or "well" loading facilities Notwithstanding the foregoing, Buyer shall not have the exclusive right to develop buildings for use as Industrial Property that contain less than 25 000 square feet and have front to back dimensions of less than 100 linear feet. 3 Buyer agrees that Buyer will not develop uOffice Property" (as hereinafter defined) on the Industrial Property The term uOffice Property" shall mean any building initially designed to be primarily used for administrative services, clerical services and other activities which do not constitute Industnal Property uses or retail uses. 4 The parties hereto acknowledge that in the event of a breach of the covenants set forth herein, the non-breaching party will suffer irreparable harm, the damages from such breach of which may not be subject to computation As such, the parties agree, in the event of a breach of the covenants as set forth herein, the non- breaching party shall be entrtled to Injunctive relief to prohibit the continued breach, without the necessity of showing of any irreparable harm, or inadequate remedy at law, which relief shall be In addition to any and all other rights and remedies that may be afforded by law 5 In the event a dispute should arise out of this Agreement, the parties agree that the prevailing party in any such dispute shall be entitled to recover reasonable attorney's fees and costs, including any such fees and costs incurred at any trial or appellate levels 6 The validity of this Memorandum and the construction of its terms and conditions shall all be governed by, and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of law Venue of all proceedings In connection herewith shall lie in Palm Beach County, Florida 7 The covenants as set forth in Paragraph 2 hereof shall be appurtenant to and run with the properties defined herein as "Quantum Park", and as such shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns The covenants as set forth in Paragraph 3 hereof shall be appurtenant to and run with the properties described herein as "Industrial Properties" and as such shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns Page 2 of 4 , v5'06'98 THl 18 11 F.il 561 881 55..09 .. COHE~ CHER\.-\ Y ~019 ----; / of ~ WITNESS WHEREOF, this Memorandum was executed this J, \ J, 1 . 1998 by the partIes hereto print pnnt ~ print {-\~~ (~() I . p~/Vr:'~ -- STATE OF FLORIDA ) 55 ) COUNTY OF PALM BEACH day QUANTUM LIMITED PARTNERS L TO . a Florida limited partnership BY MFT DEVELOPMENT, INC , a Flonda corporation and Gen ral Partner BY ~ kb~ DOUG S MACDONALD, President BOYNTON INDUSTRIAL REALTY CORPORA- TION, a Delaware corporation BY ice President I her~by certrfy that the foregoing instrument was acknowledged before me this --) day of ^. f L r , 1998, by Douglas MacDonald as President of MFT Development, Inc,. a Florida corporation and General Partner of Quantum Limited Partners, Ltd . a Flonda limited partnership on behalf of the partnershIp He/She is personally known to me or has produced as identifipation and did (did not) take an oath ~~- i -~ - - Sig . - ' i I y' \. o ary Pu IC r " J Print: I A) _/ L.. lJ""{;I, I r My commission expires '"'''''' DAVID B. NORRIS f~~~.~,r~,< MY COMMISSION' CC 478870 i': :.~ EXPIRES: August 2J 1999 ,..;. 'l~ lIIlrwrtlall "':.2' ;....'<t..< Bonded Thru NalaIY PublIC Un ,= ',f.,ntl' ~~- -------..-- - Page 3 of 4 ~ iJ. NORRIS <1SSION' CC 478810 ,. .iil~S: Allgust 2J 1999 ~ ~0llllIll Thru NalaIY PublIc LQdIIWIIlIIII 11/08 98 THl" 18 11 F:U 561 881 5509 COHE~ CHER\.-\Y 14J020 5T A TE OF NEW YORK ) 55 COUNTY OF NEW YORK ) I hereby certifyJhat the foregoing instrument was acknowledged before me this ~ day of At/yvJ/ , 1998, by Justin M Murphy as Vice President of Boynton Industrial Realty Corporation. a Delaware corporation on behalf of the corporatIon He/She IS personally known to me or has produce as identification and did (did not) take an oath // Sign a / Nota Print: l.I. My commission expires MARK MARMER NotarY P\bIIC. State of New York No. 31.5066981 QueIIfIed In New York cOunty Cornn'\II&IOn Elq)Ir.. October 7. 1808 c....pdoc:a\m1ldevel.ltNnemomdm,boy ~ ~ige 4 of 4 'l!he 'B~ty PARCEL NO 1. Lo~s 2, 3 and that portion of Lot l..A, adj_cent to Lot 3, Qt71.NTtJM PARK AT 'BOYNTON BEACH l' 1 D PLAT NO 1, 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 Boo~ 57, page 182, said lands situate, lying and being in Palm Beach County, Florida AND Lots 6, 7, B, 9, 10, '11, 15, 16, 17, lB, 19 and 21, QUAN'I'OM PARK AT BOYNTON BEACH P I D , PLAT NO 2, according to the Pla~ thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach county, Florida recorded in Plat Book 57, page lU, said lands situate, lying and being in Palm Beach County, Florida Am;> Lots 22, 23, 24, 25, 26, 27, 28, 29, 30, 3~ and 34..C, QttANTOM 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 o:nmty, norida recorded in Plat Book 60, page 29, said lands situate, lying and being in Palm Beach county, Florida. AND Lot 39, LESS that portion lying within the 3 feet in width Pedestrian Easement for Bicycle Path along the North boundary and t.ot 4b, LESS that portion described as follows; 1'1 Begin at the Southeast corner of said Lot 40, thence along the South line of said Lot 4.0, South 85 degrees 32 minutes 19 seconds West for 508.08 feet to the Southwest corner of said Lot 40, thence along the West line of said Lot 40, North 07 degrees 10 Ilinutes "9 seconds West for 232.8" feet, thence North 90 degrees 00 minutes 00 second! East for 517.42 feet to the Westerly right"of-vay of Park Ridge Boulevard of said OUantum Park At Boynton Beach P.I.D , Plat No 4, being a curve concave to the West having a radius of 5652.40 feet, where the radial line bears South 83 degrees 35 Ilinutes 19 seconds West, thence Southerly along said right-of-way an4 curve to the right through a central angle of 1 degree 57 minutes 00 seconds for 192.3'7 feet to th. Point of Beg"Y'I"'ing. Qtr1\NTOH PARK AT BOYNTON BEACH p.I.D PLAT NO.4, accorc!ing to the Plat thereof on filt in the Office of the Clerk of the Circ:uit Court in and for Palm Beach County, Florida recorded in Plat Book 51, page 186, said lands situate lying and being in Palm Beach County AND Lot S2, LESS that portion lying within the 3 feet in width Pedestrian Easement along the North boundary, Lot 56, Lot 51, LESS that portion lying within the 25. feet in width Railroad Easement along the North bounc1ary and Lot 58, QUANTUM PARK AT BOYNTON B~CH P I D , PLAT NO.5, 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 Boo 57, page 189, said lands situate, lying and being in Palm Beach County, Florida AND ~'1' "A" i of 4 ---- ~-- ------~------ ) . . I ,f \ Lots 59, 60, LESS the Lift Station Site, 61, 62 and 63, LESS that portion lying wi~ the 3 feet in width Pedestrian Easement for BiCYCle Path along the North boundary, QUANTOM PARK AT BOYNTON BEACH P.I 0., PLAT NO 6, 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 ~, Plat Book 57, page 191, said lands situate, lying and being in Palm Beach County, Florida AND Lots 74. 75 and 76, LESS that portion lying within the 25 feet in width Railroad Easement along the Northerly boundary, QUANTCM PARK AT BOYNTON BEACH P I 0 , PLAT NO 7, according to the P~at thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 57, page 194, said lands situate, lying and being in Palm Beach county, Florida AND Lots B3, B4, BS, B6, B7, Be and Lot e9-B, LESS the fo~lowing described parcel ~eginning at the Northeast corner of Lot 89-A, thence South 88 degrees 24 minutes 22 seconds East along the North line of said Lot 89-13 43.0e feetl thence South 01 degree: 35 minutes 38 seconds West 241.17 feetl thence North ee degrees 24 minutes 22 seconds West 265 43 feet to a point coincident with the East right-of-way line of High Ridge Road, as recorded in the Plat of Qt]ANTtJH PARK AT SOnrroN BEACH P I.O., PLAT NO 8, in Plat Book 57, pages 196 and 197, of the Public Records of Palm Beach COunty, Florida I thence Northwesterly along a curve to the right with an arc distance of 45.45 feet, delta angle of 5 degrees 47 minutes 14 seconds radius of 450.00 feet, chord distance of 45 43 feet and chord bearing of North 30 degrees 55 minutes 46 seconds West to the Southwest corner of Lot 89-A, thence North 66 degrees ~6 minutes 00 seconds East 272.28 feet to the Southeast corner of Lot 89-A, thence North 01 degrees 35 minutes 31 seconds East 87.81 feet to the Point of Beg4""4"g. AND Lots 90 and 91, LESS the following descrl.hed portions of said Lots: a) Beg4""4"g at the Northeast corner of said Lot 90, thence South 00 degrees 3 minutes 27 seconds ~st, along the East line of .aid Lot 90, said line also being the West line of tl;le Seaboard All Florida Railway Right-of-way, a distance of 632.32 feet, thence South 86 de.gre~ 35 miDutes 05 seconds West a distance of 598.67 feet, thence North 03 degrees 24 minlltes 35 seconds West, a distance of 540.98 feet to a point on the West line of said Lot 90, thence North 21 degrees 57 minutes 58 seconds East along said West line of Lot 90, a distance of 154.88 feet to a point OD the North line of said Plat thence South 88 degreu 24 minutes 22 seconds Eas,t along said North line, a distance of 566.47 feet to the Point of Beg1Dn1Dg. b) Beginning at the Southeast corner of said Lot 90, thence South 86 degrees 3 minutes 25 seconds West, along the South line of said Lot, said line also being the North line of Lot 91, a distance of 6" .47 feet, thence South 35 degrees 4' minutes 19 seconds West, a distance of 38 7' feet to a point on the arc of a non-tangent curve concave to the Southwest having a radius of 566 00 feet and a central angle of 10 degrees 08 minutes 06 seconds, a rac1ial line passing through said point bears North 74 degrees 57 minutes 1~ seconds East, said curve also being the North right-of-way line of High Ridge Road (Tract C of said Plat) I thence Northwesterly along the arc of said curve, a distance of 100.12 feet to a point on a non-tangent line I thence South 59 degrees 17 ~utes 44 seconds East, a distance of 28 04 fef to a point on a line 50 feet North of and parallel with the South line of aaid Lot '0, thence Rorth 8' degrees 25 minutea 25 seconds East, along sue parallel liner a c11atance of "'.02 feet to a point on ~ East line of a~ Page 2 of 4 - t , . , . -. <q ~ ~: Lot 90, thence South 00 degrees 30 minutes 27 seconds East, along said East line, a distance of 50 06 feet to the Point of Beginning c) Commence at the West Quarter corner of Section 16, Township 45 South, Range 43 East; thence run North 01 degrees 23 minutes 32 seconds West along the West line of said Section 16 to the Baseline of Survey for Northwest 22 Avenue, a distance of 22 69 feet, thence South SS degrees 57 minutes 47 seconds East, along said Baseline, a distance of 1339 99 feet, thence North 01 degrees 02 minutes 13 seconds East, a distance of 160 62 feet to the Southeast corner of said Plat and the point of beginning, thence North 01 degrees OS ~nutes 2S seconds West, along the East line of said Plat. said line also being the Westerly existing right-of-way line for the csx Railroad, a distance of 251 00 feet, thence South 05 degrees 57 minutes l' seconds West, a ~stance of 252.76 feet, thence North 89 degrees 11 ~utes 31 seconds East along the South line of said Plat, said line also being the existing Northerly Limited Access Right-of-Way line for Northwest 22nd Avenue, a distance of 31.00 feet to the Point of Beginning. Commencing at the Southeast corner of said Plat of ~ PARle AT BOYNTON BEACH PLAT NO.8, thence North 00 degrees 30 minutes 27 seconds West, along the East line of said Plat of Quantum Park, Plat No.8, a distance of 435.98 feet to the point of beginning, thence South 86 degrees 35 minutes 25 seconds West, a distance of 69 73 feet to the beginning of a curve concave Northerly having a radius of 525.00 feet and a central angle of 09 degrees 35 minutes 55 seconds, thence Westerly along the arc of said curve, a distance of 87.95 feet to a point of reverse curve which is a curve concave Southerly having a radius of 475.00 feet and a central angle .of 09 degrees 35 minutes 55 seconds, thence Westerly along the arc of said reverse curve, a distance of 79.58 feet to a point of tangency on the North line of Lot 91, of said Plat of Quantum Park At Boynton Beach, Plat No 8, thence South 86 degrees 35 minutes 25 seconds West alonS said North line, a distance of 429 29 feet, thence South 35 degrees 46 minutes 19 seconds West, a distance of 3S 76 feet to a point on the East right-of-way line of High Ridge Road, Tract .C., a public road in said Plat, said East line being a curve concave Westerly having a radius of 566.00 feet and a central angle of 10 degrees 08 minutes 06 seconds ia radi,al line passing through said point bears North 74 degrees 5'7 minutes !2 seconds East), thence Northwesterly alotlg the arc of said curve, a distance of 100.12 feet to a non-tangent line, thence South 55 degrees 1'7 minutes "" seconds East, along said non-tangent line, a distance of 28.04 feet to a line. 50.00 feet North of (as IIle&sured at right angles to) and parallel with the North line of said Lot '1, thence North 86 degrees 35 minutes 25 seconds East along said parallel line, a distance of ,(59.30 feet to the beg~~~~ of a curve concave Southerly having a radius of 525.00 feet and a central angle of 09 degrees 35 minutes 55 seconds, thence Easterly along the arc of said curve, a distance of 8'7.95 feet to a point of reverse curve which is a curve concave Northerly having a radius of "'7s..00 feet and a central angle of 08 degrees "9 minutes OS seconds, thence Easterly along the arc of said curve, a distance of '73.10 feet to a point of compound curV( which is a curve concave Northwesterly having a radius of 25.00 feet and a central angle of 85 degrees 27 minutes 09 seconds, thence Easterly and Northerly along the arc of said curve, a distance of 3'7.29 feet to a tangent line, thence North 01 degrees S5 minutes 06 seCODda East along said tangentline, a distance of "0 00 feet to the beg~~~~~g of a curve concave Southeasterly having a radius of 6'.00 feet and a central angle of 77 degrees 38 minutes 04 seconds, thence Northerly and Easterly along the arc of said curve, a distance of 86.72 feet to the East line of said Plat of Quantulll Park At Boynton Beach, Plat No.8, (said Eaat line also being the Mest right-of-way line of the SeaboarcS All Florida RaUvay.l, thence South 0 degree. 20 c1uutes 2'7 seOODde But alcmg said East line, a. d18tanoe of d) Page 3 of 4 ~ ,. . 170 34 feet to the Point of Beginning. Above Lots lying and being in, otmNTOM PARX AT BOYNTON BEACH P I .D., PLAT NO S, according to the PJat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in plat Book 57, page 196, said lands situate, lying and being in Palm Beach County, Florida I. AND . . Lot '4, LESS that portion lying within the 3 feet in width Pedestrian Easement for Bicycle Path along ~e North boundary, Lots 65-A, 65-B, 66, 67-A, 67-B, 67-C, 6B-A, 68-B, 69, 70 and 72, LESS that portion lying within the 25 feet in width Railroad Easement &long the South boundary, Qt1AN'I'OM PARK AT BOYNTON BEACH P I D., PLAT NO 9, 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 32, said lands situate, lying and being in Palm Beach County, Florida. AND Lots 48-A, 48-B, 48-C, 50-A, 50-B and 51-D, o~ PARK AT BOYNTON BEACH P.l.D , P~ NO 10, 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 34 said lands situate, lying and being in Palm Beach County, Plorida AND Lots 73-A and 73-B, QOANTCM PARX AT BOYNTON BEACH P.I.D., PLAT NO. J.l, 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 3'1, said lands situate, lying and being in Palm Beach eounty, Florida AND Lots 81 and 82, PLAT OF P C.D. CENTER, according to tlle 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 106, said lands situate, lying and being in Palm Beael County, Florida, LESS the following described parCell Coclaenee at the West Quarter comer of Section 16, Township .S South, Range 43 East, thence run North 01 degrees 23 minutes 32 seconds West, along the West line of said Section 16, to the sase1.ine of Survey for Northwest 22nd Aven~e, a distance of 22.69 feetl thence South 88 degrees 57 minutes 47 seconds East, a distance of 1315.16 feet a.long said Baseline, thence South 01 degrees 02 minutes '13 seconds West, a distance c 160 '1 feet to the Northeast comer of said Plat and the point of beg1nning, thence South 13 degrees 01 IIlinutes 41 seconds West along the Easterly line of said Plat, sa. lUle also being the Westerly existing right-of-way U.ne for the CSX Railroad, a distance of 1188.51 feet, thence North 89 degrees 52 lIdnutes .4 seconds West, along the Souther1.y line of said Plat, a di8tance of 10.61 feet, thence North 11 degrees 2' ll1t1utes 09 second8 East, a di8tance of 1183.35 feet, thence South 87 degrees 02 ~ute8 39 8eecmda East, along the Northerly line of said Plat, said line also being ~e existing Southerly Limited AcceS8 Risht-of-way Line for Northwest 22nd Avenue, a ~stance of 46 00 feet to the Point of Begtnning. AND ~P&t-c:el of land in Section 17, Township 4S South, Range 43 Ea8t, Palm Beach county, lIt.~~c1a., being c1escribed as that portion of Section 17, lying North of Miner Road aJ) ~ Of Canal B-". Page 4 of 4 ) The Property , PARCEL NO 2 I That portion of Lot l-A, lying East, of and adjacent to Lots 1 and 2, QUANTOM PARK AT BOYN'l'ON BEACH P I D , PLAT NO 1, 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 57, page 182, said lands situate, lying and being in Palm Beach County, Florida . AND I . Lots 6-A, 7-A, 8-A, 9-A, 10-A, ll-A, 15-A, 16-A, 17-A, 18-A, 19-A, 21-A and 21-B, QUANTUM PARK AT BOYN'l'ON BEACH P I.D , PLAT NO 2, 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 57, page 18(, said lands situate, lying and being in Palm Beach County, Florida AND Lots 22-A, 23-A, 2(-A, 25-A, 26-A, 27-A, 28-A, 29-A, 30-A and 92A, QOANTOM PARK AT BOYNTON BEACH P I.D, P~T 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, said lands situate, lying and being in Palm Beach County, Florida AND That -portion of Lot 39, lying within the 3 feet in width Pedestrian Easement for Bicycle Path along the North boundary and Lot 51-C, QOANTOM PARK AT BO'YN'1'ON BEACH P I D , PlAT NO " , 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 57, page 186, said lands situate, lying and being in Pallll Beach County, Florida AND Tract Z, that portion of Lot 52, lying within the 3 feet in width Pedestrian Easement along the North boundary and that portion of Lot 57, lyiJig within the 25 feet in widtl: Railroad Easement along the ~orth boundary, QtrANTtJM PARX AT BOYNTOH BEACH P.I.D, PLAT NO 5, 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 57, page 189, said lands situate, lying and being in Palm Beach COunty, Florida AND 'l'racts A-l and A-2 and the Lift Station Site in Lot 60 and that portion of Lot 63, lYing within the 3 feet in width Pedestrian Easement for Bicycle Path along the North boundary, QmurroM PARX AT BOYNTON BEACH P.I D., PLAT NO. ',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 57, page 191, said lands situate, lying and being in Palm Beach County, Florida AND 'l'bat portion of Lot 76, lying within the 25 feet in width Railroad Easement along the 'artherly boundary, QtJANT'OM PARX AT BOYNTON BEACH PI. D , PLAT NO 7, according to th. )lat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm a.acb County, Florida recorc1el! in Plat Book 57, page 151(, said lands situate, lying .~ being in Palm Beach Cc\mty, nor1da. ~ ~ ~ "r-\\)\~ "~to Page 1 of 3 t t . A portion of Lots 90-B and 91, QUANTUM PARK AT BOYNTON BEACH P I D , PLAT NO S, 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 57, page 196, said lands situate, lying and being in Palm Beach County, Florida, described as follows CommenCing at the Southeast corner of said Plat of Quantum Park At Boynton Beach, Plat NO.8; thence North 00 degrees 30 ~utes 27 seconds West along the East line of said Plat of Quantum Park, Plat No.8, a distance of 435 98 feet to the point of beginning; thence south 86 degrees 35 minutes 25 seconds West, a distance of 69 73 feet to the beginning of a curve concave Northerly having a radius of 525 00 feet and a central angle of 09 degrees 35 minutes 55 seconds; thence Westerly along the arc of said curve, a distance of -87 9S feet to a point of reverse curve which is a curve concave Southerly having a raaius of 475 00 feet and a central angle of 09 degrees 35 minutes SS seconds; thence Westerly along the arc of said reverse curve, a distance of 79 58 feet to a point of tangency on the North line of Lot 91 of said Plat of Quantum Park At Boynton Beach, Plat No.8, thence South 86 degrees 35 ~utes 25 seconds West alona said North line, a distance of 429 29 feet; thence south 35 degrees 46 minutes 19 - seconds West, a distance of 38 76 feet to a point on the East right-of-way line of High Ridge Road, Tract .C., a public road in said Plat, said East line being a curve concave Westerly having a radius of 566 00 feet and a central angle of 10 degrees 08 minutes 06 seconds (a radial line passing through said point bears North 74 degrees Si minutes 12 seconds East), thence Northwesterly along the arc of said curve, a distance of 100 12 feet to a non-tangent line; thence south 59 degrees 17 minutes 44 seconds East along said non-tangent line, a distance of 28 04 feet to a line 50.00 feet North of (as measured at right angles to) and parallel with the North line of said Lot 911 thence North 86 degrees 35 minutes 25 seconds East, along said parallel line, a distance of 459 30 feet to the beginning of a curve concave southerly haVing a radius of 52S 00 feet and a central angle of 09 degrees 3S minutes 55 seconds I thence Easterly along the arc of said curve, a distance of 87.95 feet to a point of reverse curve which is a curve concave Northerly having a radius of 475 00 feet and a central angle of 08 degrees 49 minutes 05 seconds, thence Easterly along the arc of said curve, a distance of 73.10 feet to a point of compound curve which is a curve concave Northwesterly having a radius of 25 00 feet and a central angle of 85 degrees 27 minutes 09 seconds; thence Easterly and Northerly along the arc of said curve, a distance of 37 29 feet to a tangent line; thence North 01 degrees 55 minutes 06 seconds East along said tangent line, a distance of 40 00 feet to the beginning of a curve concave southeasterly having a radius of 64.00 feet and a central angle of 77 degrees 38 minutes 04 second8, thence Northerly and Ea5terly along the arc of said curve, a distance of 86.72 feet to the East line of said Plat of Quantum Park At Boynton Beach, plat No. 8 (said East line also being the West right-of-way line of thE Seaboard All Florida Railway), thence South 00 degrees 30 minutes 27 seconds East along said East line, a distance of 170.34 feet to the Point of Begtnning. LESS and EXCEPT the following described parcel z Beginning at the Southeast corner of said Lot 90, thence South 86 degrees 35 minutes 25 seconds West, along the south line of said Lot, said line also being the North lint ef Lot 91, a distance of 666.47 feet, thence South 3S degrees 46 minutes 19 seconds West, a distance of 38 76 feet to a point on the arc of a non-tangent curve concave t. the Southwest having a radius of 566 00 feet and a central angle of 10 degrees 08 IQinutea 06 seconds, (a radial line passing through said point bears North 74 degrees S7 minutes 15 seconds East), .aid curve also being the North right-of-way line of Rig ltid.ge Road (Tract C of .aid Plat) I thence Northwesterly along the aro of said curve, distance of 100 12 feet to a point on a non-tangent line; thence South 59 degrees 17 lll1nutes 44 seconds East, a distance of 28 04 feet to a point on a line 50 feet North " Of and. parallel with the south line of said Lot 901 thence North 86 degrees 35 minute , 2S 8econds East, along said parallel line, a distance of 699 02 feet to a point on th tan line of said Lot to, thence South 00 degrees 30 minutes 27 seconds East, along , Page 2 at 3 ~ t said East line, a distance of SO 06 feet to the Point of Beginning AND t That portion of Lot 64, lying within the 3 feet in width Ped~strian Easement for Bicycle Path along the North boundary and that portion of Lot 72,. lying within the 2! feet in width Railroad Easement along the South boundary, QUANTUM PARK AT BOYNTON BEACH P I 0 , PLAT NO 9, 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 Boe 60, page 32, said lands situate, lying and being in Palm Beach County, Florida AND \ . Lots 4B-0, 49-A and SO-C, QUANTUM PARK AT BOYNTON BEACH P I 0 , PLAT NO 1.0, accordi.J to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and fa Palm Beach County, Florida recorded in Plat Book 60, page 34, said lands situate, lying and being in Palm Beach County, Florida mm 0' LBGAL DUCRrnrON .'. ~. Page 3 of 3 08 06/98 TEl 20 12 F.tI 305789930: STROOCK&STROOCK&L<\ V..\..\ - 4: 00.& .. r ]=X~II BIT B ucar. DUaIFrIaII PARCEL NO 1 Lot: 56 and Lot 57, I.J::SE: IA.. ,...i.e. lyift!' ~iehift cl.~ is E8e.1! Ul .':'.sW. R05.ilzeal~ :3~u...ent al.!n, .1:.... UertA ~6-d1ia...,. QOAN'I'tJM PARJI: AT B01"N':'ON BEACH P I D i'LA'I' ll'O 5 acccr~ing eo the Plat thereof on !i~e in the Office ot the Clerk of the Circui C~ in and for Palm Beach County, F:orida recorded in Pla~ Book 57, page lB9 said lands :;i~uat;e, lying and being in Pa.:'m Beach County, Ploridl. i'MCEL NO 2 . Lots 74., 7S L"'ld 76, YlSS tAU '8!!'~1eR lyift! ~:.tA:ie the.-AS' f~e'e' i.!l w.i.d~ ~il..;.... iaSel&eRl aJ.cRg ~h& ~l~r.loo"r'l. ~-''''~IlI1.. Qt1ANT:JM PARK AT BOYN'TON BEACH P : D , Pl.AT NO 7, according to the Plat thereof on file in the Office of t~. Clerk of the Cir(~it Cou~ i:'l ancl fOr Palm Beaeh County, plorida. recorded i.n Plat Bogk 57, page 194 said lands si-:-.at;e, lying and. being in Palm Beach County, f'lorida PARCEL NO 3 Lots 68-A, 68-B, 69, 70 and 72, US;S that I'er-:iol'i lyiI:lf e.i~A~ ffte ~5 fee! ill "LaaR b11:roa~ Ba.!l...I..~E.1. Ill.!8f fAe ~el!!B Bawwlal')l, Q'CjJW'tOM PUU: A:I' BCYHTOIll BEACH PI]) PLAT NO 9, according to ~h8 Pla~ ehereof on tile in tne Otfice of the Cler~ of :h8 Cir~~it Cou~ in and for Palm Beach County Florida recorded in Plat Book 60, page 32, said lands si~uate, lying and being in Palm Beach County, Florida PARCEL NO " Lots 73-A anc1 73-B, QOAS'I"CM PAAX Kr BOYNTON Bi:ACH P I:l PLA'I' NO 11, according t;o the Plat ~ereof on tile in the Ot~ice of the Clerk ot the Circuit Court in ~l for Palm Beach County, P'lorida recorded in Plat BOOk 60, ~'age 37, .aid landa dtual:e, :ying and being in Palm Beach Co~~~, FloridA P ARCBL NO 5 Lets 81 and 82, PLAT OP P C D CENTER, accordi."'1g' to the PlAt theX'eof on file iJl the Office of the Clerk of the Circuit Court in and ~or P~lm BeAch County, Florida recorded in Plat Book 60 page 106, laid lancill lituat., lying and being in Pall!! Beach Ccur.ty, Florida, LaSS the following dsscribed parcel Commence at the West Quarter corner ot Sec<:ion 16, Township 6$ South, Range 43 Butl thence r~ Nor':h 01 degrees 23 minutes 32 seconds West, along the West line of saia Sect10n 16 eo t:he BaselLne of SUrvey :or Northwest: 2~nd Avenue, & distance of 22 69 he: thence South 88 d~eel!l 57 mim.n:.. "7 seconds EILIt: A dilltance of 1315 I,; feet along sai(j Sa..line, thence South 01 degree. 02 lllinutltl 13 seconda West, a dis':mce of :'60 61 het; t;o the lllo~..heal!lt: cor:wr of sai(j nat e.nrj t:he point ef bei'inning'; e;1ence ~th 13 degrees 01 minutes 41 seconds ~est along th~ Ealterly line of saic1 PLlt, said ~Ule alse being the Westerly existiIli' r~;ht-ef-.ey l~ne :for the CSX b11roac1, ,1 Itar.c::e c::f 118& 5J. f&8tl thence North 89 degrees 52 ll\inutes 44 seconds West, llong ~LSOUtherlY line of lIaid Plat, a distance of 10 61 feet; t:henc. NO~~ 11 deg:.el 20 ~tel 09 secon.ds last _ di8tance of 1183 35 feetl thence South 87 de~ees O.Z ~tes 39 sec::on~ iast, along the Northerly line of !Ia:ic! Plat, laid line a180 being tta ~i.!lting Sou':herly Limited Access lU,ght-of-Way Line for Northwe.t 22:n.d AVe:U1e, a tanc:e of 406 00 feet; to the point of Beginning .az:D 0' ~ DSC2IFrIOB 2 BPI10IOl CITY OF BOYNTON BEACH I - d Master File Inquiry PCN 08-43-45-17-06-000-0020 Lot Number ,).. Location ID nbr Street address 8402 200 QUANTUM CIR BOYNTON BEACH QUANTUM PARK AT QUANTUM PARK AT PO BOX 6120 FL 33426 B B PLAT 1 BOYNTON BEACH Subdivision Current owner INDIANAPOLIS IN 46206 Plat/Book/Page Zoning Variance Fire zone PARK PLT 1 PLANNED INDUSTRIAL NO VARIANCE ZONE2 DEV QUANTUM PID N 02 Press Enter to continue F3=Exit F4=Appl inq F8=Misc info F13=Disp sections F15=Valuations FI0=Legal desc 1/;: JlA 'f !LU:;h~vL~~r .J !'l f'\( l) P " I~~ 1/11/99 11 07 30 Person/Company phone C More. F12=Cancel F17=User defined BPIQOI04 PCN 08-43-45-17-06-000-0020 Lot Number Location ID nbr Street address Acreage Property use code Undivided interest percent Commissioner district Jurisdiction/district Inside/outside Inspection area Press Enter to continue F3=Exit F4=Appl inq F13=Disp sections ~ITY OF BOYNTON BEACH I d Master File Inquiry 8402 200 QUANTUM CIR BOYNTON BEACH F8=Misc info F15=Valuations FL 33426 FI0=Legal desc 1/11/99 11 07 51 Bottom F12=Cancel F17=User defined BPI00IOl CITY OF BOYNTON BEACH lnd Master File Inquiry PCN 08-43-45-16-33-000-0660 Lot Number b'- Location ID nbr Street address 7952 2020 QUANTUM LN BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning variance Fire zone PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F8=Misc info F13=Disp sections F15=Valuations FL 33426 B B PLAT 6 PROPERTIES IN 462063415 F10=Legal desc 1/11/99 11 10 31 Person/Company C Phone 407 734-3555 More F12=Cancel F17=User defined BP100I01 CITY OF BOYNTON BEACH lnd Master File Inquiry PCN 08-43-45-16-33-000-0671 Lot Number"? I ( .") \ Location ID nbr Street address 7953 2015 QUANTUM LN BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning Variance Fire zone PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F13=Disp sections F8=Misc info F1S=Valuations FL 33426 B B PLAT 6 PROPERTIES IN 462063415 F10=Legal desc 1/11/99 11 13 18 Person/Company C Phone 407 734-3555 More F12=Cancel F17=User defined BPI00IOl __CITY OF BOYNTON BEACH .nd Master File Inquiry PCN 08-43-45-16-33-000-0673 Lot Number (; 7 j lc..) Location ID nbr Street address 7955 2075 HIGH RIDGE BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning Variance Fire zone PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F8=Misc info F13=Disp sections F15=Valuations RD FL 33426 B B PLAT 6 PROPERTIES IN 462063415 FIO=Legal desc 1/11/99 11 14 00 Person/Company C Phone 407 734-3555 More F12=Cancel F17=User defined BP100I01 _CITY OF BOYNTON BEACH Lnd Master File Inquiry PCN 08-43-45-16-31-000-0760 Lot Number 1" Location ID nbr Street address 7966 1980 HIGH RIDGE BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning Variance Fire zone PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F8=Misc info F13=Disp sections F15=Valuations RD FL 33426 B B PLAT 7 PROPERTIES IN 462063415 FIO=Legal desc 1/ll/99 11 23 35 Person/Company C Phone 407 734-3555 More F12=Cancel F17=User defined BP100I01 _CITY OF BOYNTON BEACH Lnd Master File Inquiry PCN 08-43-45-16-34-000-0810 Lot Number 81 Location ID nbr Street address 7971 2080 HIGH RIDGE BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning Variance Fire zone RD FL 33426 B B PLAT 7 PROPERTIES IN 462063415 PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F13=Disp sections F8=Misc info F15=Valuations F10=Lega1 desc 1/11/99 11 21 35 Person/Company C Phone 407 734-3555 More F12=Cance1 F17=User defined BP100I01 .~ITY OF BOYNTON BEACH .nd Master File Inquiry PCN 08-43-45-16-34-000-0820 Lot Number S~ Location ID nbr Street address 7972 2100 HIGH RIDGE BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning variance Fire zone PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F8=Misc info F13=Disp sections F15=Valuations RD FL 33426 B B PLAT 7 PROPERTIES IN 462063415 FIO=Legal desc 1/11/99 11 22 16 Person/Company C Phone 407 734-3555 More F12=Cancel F17=User defined BP100I01 --CITY OF BOYNTON BEACH .nd Master File Inquiry PCN 08-43-45-16-32-000-0830 Lot Number 5'J Location ID nbr Street address 7974 975 NW 22ND AVE BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning Variance Fire zone PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue. F3=Exit F4=Appl inq F8=Misc info F13=Disp sections F15=Valuations FL 33426 B B PLAT 8 PROPERTIES IN 462063415 Fl0=Legal desc 1/11/99 10 59 30 Person/Company C Phone 407 734-3555 More. F12=Cancel F17=User defined BP100I04 _CITY OF BOYNTON BEACH .nd Master File Inquiry PCN 08-43-45-16-32-000-0830 Lot Number Location ID nbr Street address 7974 975 NW 22ND AVE BOYNTON BEACH Acreage Property use code Undivided interest percent Commissioner district Jurisdiction/district Inside/outside Inspection area Press Enter to continue. F3=Exit F4=Appl inq F8=Misc info F13=Disp sections F15=Valuations FL 33426 FI0=Legal desc 1/11/99 10 59 43 \ \ , -----J Bottom F12=Cancel F17=User defined BP100I01 - CITY OF BOYNTON BEACH 2nd Master File Inquiry PCN 08-43-45-16-32-000-0840 Lot Number i5 'f Location ID nbr Street address 7975 925 NW 22ND AVE BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning Variance Fire zone FL 33426 B B PLAT 8 PROPERTIES IN 462063415 PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F13=Disp sections F8=Misc info F15=Valuations Fl0=Legal desc 1/11/99 11 01 19 Person/Company C Phone 407 734-3555 More F12=Cancel F17=User defined BP10JI01 -CITY OF BOYNTON BEACH .nd Master File Inquiry PCN 08-43-45-16-32-000-0850 Lot Number 1.;:( 5~.r Location ID nbr Street address 7976 875 NW 22ND AVE BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning Variance Fire zone PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F8=Misc info F13=Disp sections F15=Valuations FL 33426 B B PLAT 8 PROPERTIES IN 462063415 FlO=Legal desc 1/11/99 10 41 54 Person/Company C Phone 407 734-3555 More F12=Cancel F17=User defined BPICOI04 -CITY OF BOYNTON BEACH lnd Master File Inquiry PCN 08-43-45-16-32-000-0850 Lot Number Location ID nbr Street address 7976 875 NW 22ND AVE BOYNTON BEACH Acreage Property use code Undivided interest percent Commissioner district Jurisdiction/district Inside/outside Inspection area Press Enter to continue F3=Exit F4=Appl inq Fl3=Disp sections F8=Misc info F15=Valuations FL 33426 FI0=Legal desc 1/11/99 10 44 35 Bottom F12=Cancel F17=User defined BPI00IOl ~ITY OF BOYNTON BEACH .nd Master File Inquiry PCN 08-43-45-16-32-000-0860 Lot Number gk Location ID nbr Street address 7977 2475 HIGH RIDGE BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning Variance Fire zone RD FL 33426 B B PLAT 8 PROPERTIES IN 462063415 PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F8=Misc info Fl3=Disp sections F15=Valuations F10=Legal desc 1/11/99 11 02 04 Person/Company C Phone 407 734-3555 More F12=Cancel F17=User defined BPI00IOl CITY OF BOYNTON BEACH ~nd Master File Inquiry PCN 08-43-45-16-32-000-0870 Lot Number S ) Location ID nbr Street address 7978 2525 HIGH RIDGE BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning Variance Fire zone PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F8=Misc info Fl3=Disp sections F15=Valuations RD FL 33426 B B PLAT 8 PROPERTIES IN 462063415 FIO=Legal desc 1/11/99 11 02 34 person/Company C Phone 407 734-3555 More F12=Cancel F17=User defined BPI00IOl CITY OF BOYNTON BEACH !nd Master File Inquiry PCN 08-43-45-16-32-000-0880 Lot Number.fa Location ID nbr Street address 7979 2625 HIGH RIDGE BOYNTON BEACH QUANTUM PARK AT DEUTSCH/IRELAND PO BOX 6120 Subdivision Current owner INDIANAPOLLIS Plat/Book/Page Zoning Variance Fire zone PID N 02 PLANNED INDUSTRIAL DEV NO VARIANCE ZONE2 Press Enter to continue F3=Exit F4=Appl inq F8=Misc info F13=Disp sections F1S=Valuations RD FL 33426 B B PLAT 8 PROPERTIES IN 462063415 FIO=Legal desc 1/11/99 11 03 58 Person/Company C Phone 407 734-3555 More F12=Cancel F17=User defined