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APPLICATION PROJECT NAME. LOWE'S HOME CENTER LOCATION: S.W CORNER OF 195 AND WOOLBRIGHT COMPUTER ID PERMIT #: I FILE NO: COUS 99-005 II TYPE OF APPLICATION. COUS I AGENT/CONTACT PERSON OWNER/APPLICANT Robert E. Basehart, Basehart Consulting Woolbright Partners PHONE 833-3114 PHONE FAX. 833-3293 FAX. ADDRESS 333 Southern Blvd., Ste. 200 ADDRESS West Palm Beach, FL 33405 Date of submittal/Projected meetine dates. SUBMITTAL / RESUBMITTAL 9/7/99 1 ST REVIEW COMMENTS DUE PUBLIC NOTICE TRC MEETING 10/19/99 PROJECTED RESUBMITTAL DATE ACTUAL RESUBMITTAL DATE 2ND REVIEW COMMENTS DUE LAND DEVELOPMENT SIGNS POSTED (SITE PLANS) PLANNING & DEVELOPMENT BOARD 11/9/99 MEETING CITY COMMISSION MEETING 11/16/99 COMMENTS S'\FORMS\PROJECT TRACKING INFO APPLICATION ACCEPTANCE DATE RECEIVED BY STAFF MEMBER FEE PAID RECEIPT NUMBER ~(JUS C\Q, -C}05 CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING BOARD CONDITIONAL USE APPLICATION NOTE This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Department (2 copies of application required) PROJECT NAME Lowe's Center AGENT'S NAME Robert E Basehart ADDRESS 333 Southern Blvd, Suite 200 PHONE (561) 833-3114 33405 (zip code) FAX. (561) 833-3293 West Palm Beach, FL OWNER'S NAME (or trustee) ADDRESS Woolbriqht Partners 3201 N Federal Hwy , #300 Ft Lauderdale, FL 33306 PHONE (561) 833-3114 Nayrot Rea I ty, I nc 4444 Ste Catherine W #100 Westmount, QC H3Z 1R2 CANADA (zip code) FAX: (561) 833-3293 PROJECT LOCATION (~ legal description) S W Corner of Woolbright Road & 1-95 CORRESPONDENCE ADDRESS * same (if different than agent or owner) * This is the address to which all agendas, letters and other materials will be forwarded .J ,-. ---- --------~-----~------ 2 Fee File No CONDITIONAL USE APPLICATION Date Submitted Applicant Name Robert E Basehart, Basehart Consulting, Inc Applicant Address 333 Southern Boulevard, Suite 200 West Palm Beach, FL 33405 PHONE (561)833-3114 (zip code) Fax.833-3293 Site Address Not assigned Legal Description SEE ATTACHED LEGAL DESCRIPTION Project Description Proposed is a 135,197 square foot home improvement store with a 48,472 square foot garden center on a 15 27 acre parcel Signature of OWNER The OWNER has hereby designated the above signed person to act as his agent in regard to this petition (To be executed when Owner designates another to act on his behalf ) 3 CONDITIONAL USE APPROVAL APPLICATION I GENERAL INFORMATION a All property owners located within four hundred (400) feet surrounding the subject parcel shall be notified b The ownership of all surrounding properties as submitted by the applicant, shall be reviewed by the City Clerk, who shall notify the owners by regular mail of the date and purpose of the public hearing held in conjunction with the conditional use application c Notice of the public hearing shall also be advertised in a newspaper published in the City at least ten (10) days in advance of the hearing d At the public hearing held by the Planning and Development Board, evidence for or against may be presented e The Planning and Development Board may recommend approval, approval with modification or denial of the application subject to the standards provided in Ordinance No 76- 46 A written report of the Board's findings shall be forwarded to the City Commission f At a regular meeting, the City Commission may approve, approve with modification or deny the application subject to the standards provided in Ordinance No 76-46 g Each ~ application for conditional use approval shall be accompanied by a fee payable to the City of Boynton Beach as per the attached fee schedule h Each application for an extension in time of a conditional use approval shall be accompanied by a fee payable to the City of Boynton Beach for one hundred and twenty-five ($125) dollars Such application shall by submitted to the Planning Director not less than 45 days prior to the expiration of the approval 4 CONTENTS OF THE CONDITIONAL USE APPLICATION II CONTENTS OF THE CONDITIONAL USE APPLICATION Application for conditional use shall contain two (2) copies of the following items a Statement of the applicant's interest in the property to be developed, including a copy of the last recorded Warranty Deed, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein, and 1 If joint and several ownership, a written Gonsent to the development proposal by all owners of record, or 2 If a contract purchase, a copy of the purchase contract and written consent of the seller/owner, or 3 If an authorized agent, a copy of the agency agreement and written consent of the principal/owner, or 4 If a lessee, a copy of the lease agreement and written consent of the owner, or 5 If a corporation or other business entity, the name of the officer or person responsible for the application, and written proof that said representatives have the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation b Legal survey, prepared by a surveyor registered in the State of Florida, showing an accurate legal description of the subject property, and the total acreage computed to the nearest one-hundredth (1/100) of an acre (these two surveys are in addition to the surveys required on page 6 of this application, Sec III 19 ) c Vicinity map, showing the location of the subject property in relation to the surrounding street system d Drawing showing the location of all property lying four hundred feet (400) adjacent to the subje~t parcel, and a complete list of the property owners' names, mailing addresses and legal descriptions The owners of property shall be those recorded on the latest official County tax rolls Such list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, said list is complete and accurate - -----~--~--~-- 5 III SITE PLAN REQUIREMENTS Twelve (12) complete, assembled and stapled sets of plans shall be submitted All drawings shall be scaled and the maximum size sheet shall be 2411 x 3611 The following site information shall be shown on the submitted plans or where applicable, separately submitted Incomplete site plans will not be processed (check) x x x x x x N/A x x x x x X N/A 11 12 13 14 x X X x 1 Boundaries and dimensions of the parcel 2 Scale, graphic scale, north arrow, and date 3 Adjacent properties or land uses 4 Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes, driveways and unimproved rights-of-way within one-hundred (100) feet of the site Also, names of adjacent streets and rights-of-way 5 Location of all proposed structures, and any existing structures that are to remain on the site 6 Setbacks of all structures (over 3 ft in height) from property lines 7 Use of each structure, indicated on the site plan 8 Number of efficiency, 1-bedroom, 2 bedroom, etc , dwelling units in each residential structure, to be indicated on site plan 9 Indication of height and number of stories of each structure 10 Indication of structures, equipment, etc , above 45 foot height, including height in excess of 45 ft Floor plans or typical floor plans for all structures Finish floor elevations of all structure Uses within each structure, indicated on floor plans Elevations or typical elevations of all structures; including materials, surfaces, including roofs 15 Indication of the numbers and types of recreational facilities to be provided for residential developments 16 Indication on site plan of location, orientation, and height of all freestanding signs and wall signs 17 Location of walls and fences, and indication of their height, materials, and color 18 A landscape plan, showing conformance with the Landscape Code and Tree Preservation Code, and showing adequate watering facilities Plants must be keyed out according to species, size and quantity 19 A sealed survey, by a surveyor registered in the State of Florida, and not older than six (6) months, showing property lines, including bearings and dimensions, north arrow, date, scale, existing structures and paving, existing elevations on site, rights-of-way and easements on or adjacent to the site, utilities on or adjacent to the site, legal description, acreage to the nearest one-hundredth (1/100) of an acre, location sketch, and surveyor's certification Also, sizes and x x x x x x 6 locations of existing trees and shrubs, including common and botanical names, and indication as to which are to be retained, removed, and relocated, or replaced 20 Location of existing utility lines on or adjacent to the property to be indicated on the site plan, in addition to being shown on the survey Also, location of existing fire hydrants on or adjacent to the site 21 Location of additional fire hydrants, to meet standards set forth in Article X, Section 16 of the Subdivision and Platting Regulations 22 Fire flow calculations justifying line size for both on/off site water lines 23 Sealed engineering drawings for proposed utilities, as per City specifications 24 Information regarding form of ownership (condominium, fee simple, lease, etc ) 25 Location and orientation of garbage cans or dumpster facilities All garbage dumpsters must be so located to provide direct access for the City front-end loaders, and the dumpster area must be provided with adequate width and height clearance The site must be so designed to eliminate the necessity for the front- end loader to back into any street If any use requires the disposal of wet garbage, a ten foot by ten foot (10' x 10') concrete slab shall be provided All dumpsters must be screened and landscaped in accordance with the City Landscape Code (see Sec 75-35(i)) A minimum 10 foot wide opening is required for dumpster enclosures 26 A parking lot design and construction plan showing conformance to the City Parking Lot Regulations, and including the following information Any exceptions to the Parking Lot Regulations that are proposed for that are to continued will require an application for variance to the Parking Lot Regulations a Location of all parking and loading facilities b A parking lot layout plan, including curbs, car stops, and double striping c A cross-section of materials to be used in the construction of the parking lot d A lighting plan for the building exterior and site, including exterior security lighting, and lighting for driveways and parking lots; to include the location of lighting standards, direction of lighting, fixture types, lamp types and sizes, and average illumination level(s) in foot candles e Information showing conformance with the City Street and Sidewalk Ordinance, including construction of sidewalks along adjacent public streets f Location of existing and proposed public and private streets, including ultimate rights- of-way g On-site traffic plan, including arrows and other pavement markings, traffic signs, and stop signs at exits 7 h Location of handicap parking spaces, plus signs and access ramps, consistent with the State Handicap Code i A drainage plan for the entire site, including parking area, to include finish grade and pavement elevations, drainage calculations, and details of the drainage system If the total impervious area on site exceeds twenty-five thousand (25,000) square feet, then drainage plans and calculations must be prepared by an engineer registered in the State of Florida, and must be sealed Percolation tests must by provided with drainage calculations j Existing elevations on adjacent properties, and on adjacent rights-of-way 'j( 27 , Where conformance with the County's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmentally Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the site plan to the City X 28 , Submit a traffic impact analysis for the proposed use The analysis shall comply with the Palm Beach County Traffic Performance Standards Ordinance Six (6) copies of the analysis shall be submitted with all conditional use applications NQTE Failure to submit traffic impact analysis in the manner described above may delay approval of the site plan application 29 In addition to the above requirements, the following items shall be submitted to the Planning Department llQ later than the site plan deadline a One copy of colored elevations for all buildings and signage to be constructed on site These elevations must be must be of all sides of each type of building and signage proposed and the colors proposed must be accompanied by a numerical code from an established chart of colors Elevations must also include information related to building materials All elevations must be submitted on 24" x 36" drawings Buildings constructed will be inspected on the basis of the elevations submitted to the City and approved by the City Commission Failure to construct buildings consistent with elevations submitted will result in the Certificate of Occupancy being withheld b A transparency of the site plan (maximum size of ~~-1/2" x 11") At the discretion of the applicant, the Planning Department will prepare transparencies from the site plan document However, the Planning Department will not be responsible for poor quality transparencies which result from the submission of poor quality site plan blueprints, and poor quality transparencies will not be presented to the Planning and Development Board or City Commission c Colored photographs of surrounding buildings (minimum size 8" x 10") 30 Any other engineering and/or technical data, as may be required by the Technical Review Committee to determine 8 compliance with the provisions of the City's Code of Ordinances Any of the above requirements may be waived by the Technical Review Committee, if such information is deemed to be non-essential by the Committee IV SITE DATA 9 The following information must be filled out below and must appear, where applicable, on all copies of the site plan Land Use Category shown in the Comprehensive Plan 1 2 LRC (requested in companion appl ication) Zoning District (requested in companion application) C-1 15 27329 665,305 sq ft 3 Area of Site acres 4 Land Use -- Acreage Breakdown b a Residential, including None surrounding lot area or grounds o % of site acres Recreation Areas * (excluding water area) 0 % of site 0 % of site 100 % of site 0 % of site 0 % of site 0 % of site 0 % of site None acres c Water Area None acres d Commercial 15.27329 acres e Industrial None acres f Public/Institutional None acres g Public, Private, and Canal Rights-of-Way Other (specify) None acres h None acres i Other (specify) % of site acres j Total area of Site 15.27329 acres 100 % of site * Including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft by 50 ft 5 Surface Cover sq ft 20 3 % of site a Ground Floor Building 135.197 Area ("building footprint") b None o % of site Water Area sq ft c Other Impervious Areas, including paved area of public & private streets, pave area of parking lots & driveways (excluding landscaped areas) and sidewalks, patios, decks, and athletic courts 419,807 sq ft includes a 42,472 SF Outdoor Garden Center 63 1 % of site d Total Impervious Area 554,864 83 4 % of site sq ft e Landscaped Area Inside of Parking Lots (20 sw ft per interior parking space required--see Sec 7 5-35(g) of Landscape Code 18,625 sq ft 2 8 % of site f Other Landscaped Areas, excluding Water Area sq ft 13 8 % of site 91,816 g Other (specify) o sq ft h Total Floor Area nl),197 sq ft 7 Number of Residential Dwelling Units a Single-Family Detached 0 dwelling units b Duplex 0 dwelling units c Multi-family (3 + attached dwelling units (1 ) Efficiency 0 dwelling units (2 ) 1 Bedroom 0 dwelling units (3) 2 Bedroom 0 dwelling units (4) 3+ Bedroom 0 dwelling units d Total Multi-Family g dwelling units e Total Number of Dwelling Units 0 8 Gross Density N/A Dwelling Units per Acre 9 Maximum Height of Structures on Height to top of para~et is 31' Required Off-Street Parking a Calculation of Required Number of Off-Street Parking Spaces 686 Site 1)0 feet 1 stories However, height of entry feature is 50' 10 b Off-Street Parking Spaces Provided on Site Plan 697 " 11 RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial The undersigned hereby agrees that all plans, specifications, drawings, engineering and 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 applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same READ, ACKNOWLEDGED AND AGREED TO this ~ , 19~ day of ~bt.( ~?,. ~\~ Applicant 13 A F F I D A V I T STATE OF FLORIDA ss COUNTY OF PALM BEACH BEFORE ME THIS DAY PERSONALLY APPEARED ~r4r ~ ~e~r-t- , WHO BEING DULY SWORN, DEPOSES AND SAYS That the accompanying Property Owners List is, to the best of his knowledge, a complete and accurate list of all property owners, mailing addresses and legal descriptions as recorded in the latest official tax rolls in the County Courthouse for all property with Four Hundred (400) feet of the below described parcel of land The property in question is legally described as follows SEE ATTACHED EXHIBIT IIAII FURTHER AFFIANT SAYETH NOT ~~,~ 7 day of Sworn to and subscribed before me this AD, 19~ My Commission Expires ~UX:>\ ,lIlIllitlili,iill,,, I ltw I. ~ Ii, 01 i III 11111 iiI.' /1'1 'I . , ~~.I\Y "". David L. DeYoung . : : .. 1> Notary Public. Slate of Florida . ( ; ~ i Commission No. CC 632966 . : : ~Off\.~ My Commission Exp. 03126/2001 ( ~ \.SOO-l.NOTAIl.Y F1LNmarySetvluABcllllir>sCo,:: , ~"""""""""""""""""""""""""""""""""""""w,,""\"''''''''''''''''\~:-''''''''\''' ".' ' Sep-OB-99 03 46P --,- -- -- -- '"'~r- .5~nart; (5"-1) 833-3293 P.03 p 3 III CERTIr: CATION (I) {Wej understand that this application and all papers and plans submItted herewIth become a part of the permanent records of the Planning and Zoning Department (1) (We) hereby certify that the aoove statements and any statements or showings In any papers or plans submltled 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 WOOLBRIGHT PARTNERS ~~ <lh.r (lGiJ. ~ ~_ General Partner Signature of Owner(s) or Trustee of Authorized Principal if property IS owned by a corporatIon or other bUSiness entity q -22-qq Date IV AUTHORIZATION OF AGENT WOOLBRIGHT PARTNERS ~-" ~. ~ <bi (-~.L/~~ > Signature of Authonzed Agent General Partner -9-2Z-Qq Date (I) (We) hereby designate the above signed person as (my) (our) authorized agent in regard to this application Signature of Owner(s) or Trustee or Authorized Principal if property IS owned by a corporation or other bUSiness entity Date SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule. Date ReceIved Technical Review Committee Planning & Development Board Community Appearance Board City Commission Date Date Date Date Stipulations of Final Approval: Other Government Agencies/Persons to be contacted Additional Remarks Planning and Zoning Department - Rev 3'18197 \\CH\MAINISHRDA TA\PLANNING\SHAREDIWP\FO~MS\APPSINWSPISITEPU.N,wPD SEP 08 '99 15 58 PAGE 03 Sep-OB-99 03:46P ~~~ ~~ ~~ u~ U~~ 5~nBr~ l~t'----IH:i3-32S3 P.04 !IS 04 III. CERTH: CATION II) (We) understand that this application and all papers and plans submlned herewith become a part of the permanent records of the Planning and Zoning Department (I) (We) hereby certify that the abcve statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief This applictltion will not be accepted unless signed according to the .Instructions below * .J ~I / 9 r Date fD) m & rn " w m. rfrl.:' illl . ". ,1[;'1 Signature of Owner stee of Authorized Princi t if property is owned by a corporation or other business entity IV AUTHORIZA TlON OF AGENT PLA"J'WJG ,\'40 zn~- \,:" frpr Sign.ture of Authorized Agent Date (I) 0Ne) hereby designate the above signed person as (my) (our) authoriZed agent in regard to thIs application. ~ * W'LIlff Date or Trustee or Authorized p~' ipallf property IS owned by a corporation or other business entity SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule Date Received Technical Review Committee Planning & Development Board Community Appearance Board City Commission Date Date Date Date Stipulations of Final Approval: Other Government Agencies/Persons to be contacted' Additional Remarks * Murray Dalfen, as President of Dalfen Boynton II Enterprises Inc., a Cana~ian ?o:poration, as the general partner of Nayrot Realty Ltd., a FlorIda lImIted partnership. References in this document to Nayrot Realty Inc. shall be deemed to refer to Nayrot Realty Ltd. Planning and Zoning Departmenl Rev 3/18/97 "CH\MAIMSHROA TAIPI.J\NNING\SHAREOIWP\FORMSlAP?5WYVSP\SITEPlJ'N WPO SEP 08 '99 15 58 PAGE 04 Sep-OB-99 04 09P P.04 2 Fee File No CONDITIONAL USE APPLICATION Date Submitted Applicant NilIIIe Applicant Address Robert E Beseh....t BlIsehllrt Consul t i"9 1,,(; 333 Sout~ern Boulevard, Suite 200 West Palm Beach, Fl 33405 PHONE (5(,1 )833-3114 (zip codel Fax: 833-)233 Site Address Not assigned Legal Description SEE ATTACHED lEGAL DESCRIPTION Project Description store with a 48,472 square foot garden center on a 15 27 acre parcel Proposed 15 a 135 1~7 square foot home improvement * The OWNER has hereby designated the above signed person to act as his agent in regard to this petition (To be executed ",hen OWner designates' another to act on his behalf ) rn lli In) ~s n \~ r~ ~'~~ l!n l; I! ,I t- D . "l .~-:_- ,~-, -l Jr81'. i \ PL~'i~iIJ~."YJ Z"t, it' * Murray Dalfen, as President of Dalfen Boynton II Enterprises Inc., a Canadian corporation, as the general partner of Nayrot Realty Ltd., a Florida limited partnership. References in this document to Nayrot Realty Inc. shall be deemed to refer to Nayrot Realty Ltd. SEP 08 '99 16 20 PAGE 04 =s:t!-.,.----- -,,_..,.._-- ----...-- r---- - ... - - ...- .......wI ___ __ -- N'r1oI iiiUJ8 Vc:atOlol ..uJ\InCX)"HOII ........... HOViIB NOJ.NI.OIlI "ON WB1NiIO anoH saMO' I I ! ~ I: :j ~ I: I I I tl ~ ,; · I i I I I I I I . I I . .. ~ I. · ~ - U I. II . Ii ~ I !, P"!i ~ IILh.~glll i~ I 5. I ill ft P! lih! I ~ ~ I ~ Ii I 1!~l!~.1 H ,I i ~ J. 91 ~ !!I I II II II Ig:dl~ "I~I~I III f! ;11 i Iillllllll II.. "1 ~ If I J~ I - I~I ~ ~~I II ~~ II II_ H %~I". Illi 1,1 a I ~ ~ j ild ~~;d I~ 1. II i It 'Ig' III II II 111111 15Gt Ji~p ~ll IJ h I' ! I ! ~ I ~ 111111. ~ 111111111; II h IU]lII"IiIII.P.III! ~~I~ ~u 'ii! i II !! t ; T I! I ~ II. 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D' AMJRE, P A. 250 AUSlRALIAN AVENUE, SUITE ;01 WEST PAlM &Am FL 33401 Q9021_oc(2. ) 3 p Alfr,-O~-~qQ7 q J"':.m Q7- ::'8-::'-'89 ' .v.... \J. ~ ~ ' , ..........'-',., ............. oA..- I1Pt:l QO....9 p~ A 07 Wi'... I" ...... . J ......., . .II III 1111111111 II Inl~.1I FIRST AMENDMENT TO THE DECLARATION OF RESTRICTIONS FOR BOYNTON COMMERCE CENTER PROPERTY OWNERS ASSOCIATION. INC. FIRST AMENDMENT to the Declaration of Restrictions for Boynton Commerce Center Property Owners Association Inc. is made as of this 16th day of July 1997 by Menorah Realty, Ltd.. a Florida limited partnership ("Menorah"), Boynton Commerce Center Property Owners Association, Inc., a Florida corporation not for profit (the "Association") Boynton Commerce Center Umited Partnership, a Florida limited partnership (the "Partnership") and Woolbright Partners, a Florida general partnership ("Woolbright") (Woolbright, the Association, the Partnership and Menorah are collective called the "Declarants") WHEREAS, the Declarants entered into a Declaration of Restrictions dated as of the 29th day of February 1996 as recorded on April 4 1997 in Official Records Book 9729, Page 1874 in the Public Records of Palm Beach County Florida (the "Declaration") and WHEREAS the Declarants have agreed to the amend the Declaration. NOW, THEREFORE in consideration of the mutual benefits to the parties, as contained in this Amendment, the Declarants hereby agree that the Declaration shall and is hereby amended as follows: 1 Revisions to the Leqal Description of the "Association Property," Grant of Drainaqe Easement over Association Property The current description of the Association Property references the land lying within the 50' and 80' Ingress, Egress and Utility Easements which run generally north/south as shown on the PLAT OF BOYNTON COMMERCE CENTER, recorded in Plat Book 46, Page 126, (the 'Plat") The Declarants now desire to amend the description of the "Association Property" as set forth in Exhibit A" of the Declaration to correct a scrivener's error The description of the Association Property, as set forth in the Declaration shall be amended as set forth on Exhibit "A" attached hereto Declarants hereby declare that the Association Property shall be subject to a perpetual non-exclusive easement in favor of all Parcels and their respective Owners for drainage with the right, privilege and authority to construct, operate, lay maintain improve or repair subsurface pipes and associated drainage facilities and equipment on over through across or under the Association Property However such construction activity shall not unreasonably interfere with access and egress to any Parcel and no new permanent above-ground drainage facilities inconsistent with the design and appearance of the existing drainage facilities will be permitted without the consent of a majority of the members of the Board of Directors, which consent shall not be unreasonably withheld. Upon completion of any such construction repair restoration replacement. maintenance or other alteration any Owner performing such work shall restore the surface of the Association Property to the same condition it was in immediately preceding the commencement of such work by the Owner The cost of construction and maintenance of any drainage facilities or equipment installed or constructed on over through, across or under the Association Property shall be the responsibility of the Owner who installed or constructed such facilities or equipment. !t ORB 9929 pg B08 2. Section 8.3 Section 8.3 of the Declaration is deleted in its entirety and the following substituted therefor' Section 8.3 (a) Drainaqe Easement. Declarants hereby declare that Parcel 3H, as set forth on the Plat, shall be subject to a perpetual, non-exclusive easement in favor of all Parcels and their respective Owners for drainage with the right, privilege and authority to: (i) construct, operate, lay maintain, improve or repair subsurface pipes and associated drainage facilities and equipment on, over, through, across or under Parcel3H, (ii) tie into and utilize existing drainage facilities and equipment located on Parcel 3H, and (iii) utilize and discharge storm water into the drainage and retention pond currently located on Parcel 3H (collectively the "Drainage Easement") Upon completion of any such construction, repair, restoration replacement, maintenance or other alteration, any Owner performing such work shall restore the surface of the Drainage Easement to the same condition it was in immediately preceding the commencement of such work by said Owner The cost of construction of any drainage facility or equipment installed or constructed on, over, or across such Drainage Easement shall be the responsibility of the Owner who installed or constructed such facility or equipment. The right to use the Drainage Easement for any purpose compatible with the easement granted hereby including parking and other purposes allowed by law is expressly reserved by the Owners of the underlying fee simple interest in said Drainage Easement. The maintenance of the Drainage Easement shall be the responsibility of the Association. The cost of maintenance of the Drainage Easement by the Association shall be assessed solely to the Owners of Parcels utilizing the Drainage Easement for drainage purposes and each such Owner shall bear that portion of the cost of maintenance that the number of Membership Interests allocated to that Owner bears to the total number of Membership Interests allocated to the Owners of all Parcels utilizing the Drainage Easement. (b) Parcel 3G Drainaqe Easement. Declarants hereby declare that the northern 35 feet of Parcel 3G shall be subject to a perpetual non-exclusive easement in favor of all Parcels and their respective Owners for drainage, with the right, privilege and authority to construct, operate, lay, maintain, improve or repair subsurface pipes and associated drainage facilities and equipment on, over through, across or under the northern 35 feet of Parcel 3G (the .Parcel 3G Drainage Easement") However no new permanent above- ground drainage facilities will be permitted without the consent of the Owner of the underlying fee simple interest in said Parcel 3G Drainage Easement. Upon completion of any such construction, repair restoration replacement, maintenance or other alteration, any Owner performing such work shall restore the surface of the Parcel 3G Drainage Easement to the same condition it was in immediately preceding the commencement of such work by said Owner The right to use the Parcel 3G Drainage Easement for any purpose compatible with the easement granted hereby including parking and other purposes allowed by law, is expressly reserved by the Owner of the underlying fee simple interest in said Parcel 3G Drainage Easement. The cost of construction and maintenance of any drainage facilities or equipment installed or constructed on over through across or under the Parcel 3G Drainage Easement shall be the responsibility of the Owner who installed or constructed such facilities or equipment. 3 Section 8.6 Section 8 6 of the Declaration is amended to exclude Parcel3-G from sharing proportionately in the maintenance of the 'Balance of Parcel 3-H" and the costs and expenses thereof, other than for drainage as provided in Section 8 3 of the Declaration 2 p ORB 9929 pg 809 4 Recordation. The Declarants further agree that they shall record this First Amendment to the Declaration of Restrictions in the Public Records of Palm Beach County, Florida as required to effect the changes referenced herein. 5 Ratification of the Declaration. Capitalized terms not otherwise defined herein shall have the meanings given to them in the Declaration. The Declarants hereby ratify the Declaration of Restrictions as hereby amended, and confirm that the Declaration, as amended, continue in full force and effect. IN WITNESS WHEREOF, the undersigned being the Declarants hereunder, have hereunto set their hands and seals. WITN f,6~ : 9(J~ "/1\-0;1.{f\'5 c. (OE6 ~ ~(f:4 ~L DECLARANTS: MENORAH' MENORAH REALTY, LTD ,a Florida limited partnership BY DALFEN'S ATLANTIC ENTERPRISES UMITED, a corporation organized under the federal laws of Canada. as its sole general rtner By' -r-1 ASSOCIATION' BOYNTON COMMERCE CENTER PROPERTY OWNERS ASSOCIATION, INC , a Florida corporation not-for-profit By: WOOLBRIGHT WOOLBRIGHT PARTNERS, a Florida general partnership BY 3 f) ------~- - J-fltJqs.tr/} el}t .s ....~ aoal 1:1 r.) Wrl~GSS : - ~ ~ Q-a.L ~5y p ORB 9929 P9 810 BY THE RUSSEll COMPANY, LTD., a Florida limited partnership by its sole general partner BY and. BY -eee~d6. ~~ CHARLES H. VON STEIN All of its General Partners PARTNERSHIP' BOYNTON COMMERCE CENTER LIMITED PARTNERSHIP, a Florida limited partnership BY MIG/BOYNTON COMMERCE CENTER, INC a Florida Corporation General Partner BY.~~~ Q~ Barry S' Altshuler Vice President STATE OF ~ ) )SS COUNTY OF ~ ) I HEREBY CERTIFY that on this ~ay of ~L.. A.D 1997, before me personally appeared Murray Dalfen, as President of Dalfen s Atlantic Enter~ited, a corporation organized under the federal laws of Canada, as the sole general partner of Menorah Realty Ltd. a Florida limited partnership on behalf of that partnership He is personally known to me or has produced idgntitk3tion and he did/~t take an oath. ;11111111111111111111.'11111111111111111111111111111. ( ,>: ~..P.1 "11,( Thomas C. Cobb ~ 'I' ~ ~ -;, NoW)' Public. Slale of Florida ( , : ~ff?I!~ Commission "10. CC 441406 ~ '. ~ Of f'.'1;~ My Commission Bxpires 03/27/99 < . ( " I.&oo-).NOTARY FI.a. NoWy Service.t BoDdiD. Co. < . ~""""'''')'''''''''''''''''')''')'''''>'''''''''>''')''')''')'''))\)''i)''''''''''''\'''''''''''''''\)'''......\.... ~ 4 SQ~ i' COUNTY OF ~'- ~ ORB 9929 P9 811 STATE OF ) )SS ) I HEREBY CERTIFY that on this J1i1-day of C"l1k AD 1997, before me personally appeared Murray Datfen, as President of Boynton Commerce C~erty Owners Association, Inc., a Florida corporation, on behalf of that corporation. He is personally known to me OF ha3 produced idcntifieation and he did/dicHtof take an oath. ~tl/l/l/l/ll/lIlll1ll1ll1l1l/lIl1ll1ll1l1ll1ll1ll1l. ( >: ",..t1-v"fJ" Thomas C. Cobb ~ '1'" ~-c. Notary Public. s::ale of Florida ( .: ~W1~ Commission No. CC4410406 ~ :- '}Of p"o't' My Commission Expires 03/27/99 ( . ( " l.aoo.-J.NOTAllY PIa. Nolary Sctvice tl BoadiDr Co. ( ..\\ )\\)\\\\\)'>')'>\'>\) ')\'>)"1"1"1)"1'>'>'>"1"1)\)......'>...\\')...\"1')')..." ~ f)c~ Notary PUbl~ t1 Name: ~ C ~ STATE OF FLORIDA ) )SS COUNTY OF :DA-Df:" ) "'-'" I HEREBY CERTIFY that on this ;t~ day of"J"v 1'1 A.D 1997, before me personally appeared Clifford Russell, as President of Woolbright Investments, Inc. a Florida corporation, as general partner of Woolbright Partners, a Florida general partnership on behalf of that partnership He is personally known to me or ~a. producod idootili.3.ian ~: ~e h :n n :~ t~ 0 ~~~i./~ ~ OFFlClAL NOTARY SEAL ~ ~ HELLEi'\J P GOLDFARB NNaotmarye: Pub~i9", (I p _ / fJ /'" _ I...J ~ 1/ I NOTARY PUB!lC STATE OF FLORIDA tt c,.. '- N / l:rlJ (Q f-Q, .b COMMISSION NO. CC...iIJ6:-S 1 MYCOMMI5.<;IONEXP MAR.17,l99~ I STATE OF FLORIDA ) )SS COUNTYOF ~T ) I HEREBY CERTIFY that on this~~ay of -:rc....l~ AD 1997 before me personally appeared Clifford Russell, as President of CL TV Inc. a Florida corporation, as general partner of The Russell Company, Ltd , a Florida limited partnership, as general partner of Woolbright Partners, a Florida general partnership, on behalf of that partnership He is personally known to me ~ 11&3 preduElcEl idgntificAtioR and he tMefdid not take an oath. OFFlClALNOfARYSE.-\L I HEL; c" P Gro, :"\r. 1'- ...._'If. U~-'L ...\.Ij t NOTARY PL'1ir.;C "T )T::: (}F' S..C)~'IL>~ j CO?iM,;SSrO,-li"O C:.t4C.fc,5 : MYCOMM':.S510N EXP \1AR. 17,1999 Notary Pul;>~c ,/ .J Name fie // eM r 5 l' ORB 9929 P13 812 STATE OF FLORIDA ) )SS: COUNTY OF YAP ~ ) fl1 -) I HEREBY CERTIFY that on this C7-3 day of :lvl.u, A.D 1997, before me personally appeared Charles H. Von Stein, as general partner of Woolbright~ a Florida general partnership, on behalf of that partnership He is personally known to me or ha.! produced idcRtifkatian and he didlElid Rot take an oath. ~ ornClALNafARYSEAL ~ ;:' HELLEN P GOLDF ARB NOTA..1{'YPll'BUCST~TE9~FtO~IDA ! Notary Publi9/ // / /J /""_1 / jJ / COMMISSION r-iO. ",1...440635 I Name: tll: I! C IV L L.:n!./lO t:g rb MY COM.\1rS510'" J:XP \1..-\it 17, 999 STATE OF FLORIDA ) ~ -:2!l tAli '.i---)S5. COUNTY OF }'~ \~IL~ll ) , ./ ( ilt ' , I HEREBY CERTIFY that on this .l1i!.! day of J U !LI A.D 1997, before me personally appeared Barry S Altshuler, as Vice President of MIG/Boynton ~e Center, Inc. a Florida corporation, as general partner of Boynton Commerce Center Limited Partnership a Florida limited partne~p, on behalf of that partnership He is personally known.-!.o me or has produced identification ^: and he did/did not taKe an oath - j ~~ ~L I bccpoa\ lslamend,DEC A~,t\l\llllll/IIIII ., ~t LAG ,/111.1. . ~~........;~ ~ ;;1 ..-:"'-1SSI0q 4: -'. ~ ~ ..~~~~y 19 ~ ~ ~ :.~:3 .~~, ~ :=.*: '-....oe ~*= := ~ : ICe 35011" . ~:= ~~.. I 0 ~~ ~1l': -- ~ 8""veof.'r>,# ~~ ~;;"'A ~F''''''I~~' foc'<.Y ;f// '(fOlic 51'~ \J "", 'II, . """ "'"111111\\" L 6 i' ORB 9929 pg 813 EXHIBIT "A" REVISED DESCRIPTION OF ASSOCIATION PROPERTY The land lying within the 50' and 80' Ingress. Egress and Utility Easements, which run generally north-south as dedicated pursuant to and shown on the Plat of BOYNTON COMMERCE CENTER, recorded in Plat Book 46, Pages 126 and 127, Public Records of Palm Beach County, Florida (the .PlatH) as amended by the deed and easement agreement referenced in and modified pursuant to that certain Agreement dated November 12,1985, between Boynton Commerce Center Property Owners Association, Inc. et aI., recorded in Official Records Book 4736 Page 827 Public Records of Palm Beach County Florida. Said lands consisting of 2.9 acres, more or less. ,~ ~ p ORB 9929 P9 814 CONSENT OF MORTGAGEE TO DECLARATION OF RESTRICflONS FOR BOYNTON COMMERCE CENTER JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan corporation (the "Mortgagee"), as the owner and holder of that certain mortgage executed by Menorah Realty, Ltd., a Florida limited partnershIp, dated February 28, 1996 and recorded in Official Records Book 9151 at Page '575 in the Public Records of Palm Beach County, which said mortgage encumbers all or portions of the Property described in the Declaration of Restrictions dated February 29, 1996 and recorded April 4, 1997 in Official Records Book 9729, Page 1874 of the PublIc Records of Palm Beach County, Flonda (the "Declaration"), and hereby consents to the execution of the First Amendment to the Declaration for Boynton Commerce Center This consent shall be binding upon the Mortgagee, its successors and assigns. IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed in its name and seal affixed on thiS ~7JI- day of 1k16t1f:J7 , 1997 Signed, sealed and delivered in the presence of: &u~ JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan corporation BY~~ Its: 5~" Z~A:=1V~ STATE 0 F -:fU/ A.JO/5 COUNTY OF LmJ-e. ) )SS ) The foregOing Instrument was acknowledged before me thIS ~77I- day of /)(Ittts 7 , 1997 by /)A-vI!J I1J 2~ as /}u7J.M1/2.EIJ 11T:.PY117 of Jackson National Life Insurance Company, a Michigan corporation. on behalf of that corporation. He/She IS personally k.nown to me or has produced as identification. My commISSion expIres ~..d ~/~ Name . U"--~AW < tJ1~;~,q<P' Commission Number' Notary Public State of ,: L.-L/ A.JtJ I :J BCCPOA\IcDucr,COD [NOTARIAL SEAL] ~_O '_". e'F:. ~- -. liLt ' OR, NOT~R~ ,; !LL!:-.i0i5 ~,. (J \f.. .......,., . ...~ .--- "".,.,~ it ORB 9929 P9 815 CONSENT OF MORTGAGEE TO DECLARATION OF RESTRICfIONS FOR BOYNTON COMMERCE CENTER NATIONSBANK N.A. (SOU111) , a national bank (the "Mortgagee"), as successor to Intercontinental Bank, a Florida bank ("Intercontinental"), as the owner and holder of that certain mortgage in favor of Clifford Russell, as Trustee of The Russell Revocable Trust ("Russell"), dated May 18, 1989 and recorded in official Records Book 6071 at Page 593 as assigned by Russell to Intercontinental by instrument recorded m Official Records Book 6241, Page 973, and as modified by instruments recorded m Official Records Book 6241, Page 970, Official Records Book 7452, Page 518, and Official Records Book 9041, Page 12, all in the Public Records of Palm Beach County, WhICh said mortgage encumbers all or portions of the Property described in tlie Declaration of Restrictions dated February 29, 1996 and recorded April 4, 1997 in Official Records Book 9729, Page 1874 of the Public Records of Palm Beach County, Florida (the "Declaration"), and hereby consents to the execution of the First Amendment to the Declaration for Boynton Commerce Center This consent shall be bmding upon the Mortgagee, its successors and assigns. IN W11NESS WHEREOF, t~ MortgflJ:lcaused this instrument to be executed 10 its name and seal affixed on the ~ day of ,1997 Signed, sealed and delivered in the presence of: NATION~ANK N.A. (SOUTII) a national ank _ ) ,/ ,~' 1 ~vk, Cf,;-~5 By. /J 'lL~~ Pnnt Name. MAt~., +-A (It,,::..... 1 Its' CO ./ Print Name. STATE OF FLORIDA ) -M Ii ~ )SS. COUNTY OF ~ ) The oreoomo mwument was acknowlecjged b~ore me this~ J -.:h. day of ~ 1997 by G-i 1010 re as?r W (1.o_rr.rn~d-ti1I of NATIONSBANK N.A. (SOUTI-I), a national bank. on behalf of that bank. He/She is personally known to me or has produced as identltkatIon. My commission expires: ~~:~iSSi~~~ Notary Public ,R10 YI ...1 a..- State of l. t..:^- BCCPOA\I"ad"r,con [NOTARIAL SEAL 1 ~tIo1 'lIrt !VETTE CRESPO 663 .0. b. .. M Co~lIion cc332 JI y ^1 .~7 * * Expn. Oea... " Bonded by ANB '", l>~ 800.&52.5878 "/to, ,...'fl ,-- t, ORB 9929 P9 816 DOROTHY H. WILKEN, CLERK PS COutm, FL CONSENT OF MORTGAGEE TO DECLARATION OF RESTRICfIONS FOR BOYNTON COMMERCE CENTER NORTIIERN TRUST BANK OF FLORIDA, N.A, a national bank (the "Mortgagee"), as the owner and holder of that certain mortgage executed by Woolbright Partners and dated May 18, 1989 and recorded in Official Records Book 6071 at Page 571 as modified by instruments recorded in Official Records Book 6456, page 1090, Official Records Book 6875, Page 1667, Official Records Book 7271, page 666, Official Records Book 7758, Page 1909, Official Records Book 8403, Page 1337, Official Records Book 8578, Page 1795, Official Records Book 8826, Page 434, and Official Records Book 8853, Page 474, all in the Public Records of Palm Beach County, which said mortgage encumbers all or portions of the Property described in the Declaration of Restrictions dated February 29, 1996 and recorded April 4, 1997 in Official Records Book 9729, Page 1874 of the Public Records of Palm Beach County, Florida (the "Declaration"), and hereby consents to the execution of the First Amendment to the DeclaratIOn for Boynton Commerce Center This consent shall be binding upon the Mortgagee, its successors and assIgns. IN WI1NESS WHEREOF, the Mortgagee has caused this instrument to be executed in its name and seal affixed on this J I J": day of T... I Y . 1997 SIgned, sealed and delivered in the presence of: NORTHERN TRUST BANK OF FLORIDA N.A, a national bank Ii tc~ rlaC&rL~ By- b f~ . Print Name: ~ml.l./;'17(/1 t'/7L ~t/lrn Its. Y '. _' 7- ~Lcli L ~(!, \..c.--..-~""LQL... Print Name. !(/1JLb.) vhe:R.~GV5 t 1 STATE OF FLOI3-{DA ) ( ) :::s )SS COUNTY OF, / tl...L-Y)I " ~-R:..~ 1,ll("foregoing>I'\1"'1ment )Yas aCk'!,?wledged)Jfor. me this ,":) / day of :1L.<.U if. . 1997 byC4:....A.. <-(1 ) "<L"(.t~L L-0:.4s' '~L('.Ab ..' eeL, ~fNOR1HERN1RUsrBM-JK OF FLORIDA;'N.A., a nanonai bank, on behalf of that bank, H I he is personally known to me or has produced as IdentificatIon~ My commission explfes. , t J 7V.-+L(;7~ .-<.(.._..-"- L J:~ Name- /) rry)A,({".y, -A;C :JrJ Commission. Nu_mb~~::,:~~..' D ~ldI;Ulliflt Notary P.w~' ~r !G.n"~:~ /of.'( CQMM15S:0rl1 CC553000 EXPlRES State ot:::-h- ;{ 1.-' I~~'~'l .lune 19. 2000 l.... . ~ II ~:~. ~ l:KJl'fUtU I",.., 111\1' r",n ,~vv4. .14 till'" [NOTARIAL SEAL] BCCPOA\leodcr.ooo ~ - f' Prepared By 7?e.ccrdeJ LI - y-? 7 o~13 q 729 p& 1~7t.f Thomas C Cobb, Esq Scharlin, Lanzetta, Cohen, Cobb and Ebin 1399 S W First Avenue Miami, Florida 33130 I \TCC\OALFLN\BOYNTON\OECLARAT 008 01/09/96 2 2~ pm DECLARATION OF RESTRICTIONS THIS DECLARATION is made as of February 29, 1996, by Menorah Realty, Ltd , a Florida limited partnership ("Menorah"), Boynton Commerce Center Property Owners Association, Inc, a Florlda corporation not for profit (the "Association"), Boynton Commerce Center Limited Partnership, a Florida limited partnership (the "Partnership") , and Woolbright Partners, a Florida genera 1 partnership ("Woolbright") (Woolbright, the Association, the Partnership, and Menorah are collectively called the "Declarants") RECITALS A Pursuant to dedications in that certain plat of Boynton Commerce Center, recorded in Plat Book 4 6, pages 126 and 127, Public Records of Palm Beach County, Florida (the "Plat"), the Association is the owner, and has responsibility for maintenance of, an easement and/or fee interest in the property on Exhibit "A" attached hereto and made a part hereof (the "Association Property II ) B Menorah is the owner of certain improved real property located in the area covered by the Plat, more particularly described on Exhibit "B" attached hereto and made part hereof (the "Menorah Property") C Woolbright is the owner of certain real property located within the area covered by the Plat, more particularly described on Exhibit "C" attached hereto (the "Woolbright Property") D The partnershlP is the owner of certain real property located within the area covered by the Plat, more particularly described on Exhibit "D" hereto (the "Partnership Property") E The Menorah Property, the Woolbright Property, the Partnership Property, and the Association Property together constitute all of the property which is subject to and covered by the Plat (such parcels and such additions thereto as may hereafter be brought wlthin the Jurisdiction of the Association are hereinafter together called the "Property") F" In order to insure proper and continued preservation, maintenance and operation of the paved roadways and other improvements to the areas which constitute the Common Areas [' (defined below), Declarants are desirous of subjecting the Property to the covenants, conditions and restrictions hereinafter set forth, each and all of which are for the benefit of the Property and each present and future owner and shall apply to and bind every present and future owner of the Property and their heirs, legal representatives, successors and assigns NOW, THEREFORE, Declarants hereby declare that the Property is and shall be held, transferred, sold, conveyed, used and occupied subject to the covenants, conditions and restrictions hereinafter set forth ARTICLE I DEFINITIONS Capitalized defined terms not elsewhere def1.ned 1.n this Declaration shall have the meaning set forth below section 1 1 lIArticles and By-Lawsll shall mean the Articles of Incorporation for the Association which have been filed with the Florida Secretary of State, and the By-Laws adopted by the Association Copies of the Articles and By-Laws are available at the office of the Association section 1 2 II Common Area" shall mean the Association Property and all other property (and interests therein and improvements thereon) now or hereafter owned by the Association for the common use and enjoyment of the Owners (defined below) Section 1 3 "Member" shall mean every member of the Association The Articles require that each Member must be an Owner (defined below), and that each Owner must be a Member Section 1 4 "Membership Interest" shall mean membership in the Association appurtenant to ownership of any of Parcel (defined below) as more fully set forth in Section 3 1 hereof, together with all rights and obligations of membership as more fully described in this Declaration, the Articles and the By-Laws Section 1 5 "Owner" shall mean and refer to the record owner (other than the Association), whether one or more persons or entities, of the fee simple tItle to any Parcel (defined below) including contract sellers, but excluding those havIng such interest merely as security for the performance of an oblIgation Section 1 6 "Parcel" shall refer to each and every separately owned parcel of real estate which now or hereafter IS part of the Property Section 1.7 "Public Records" shall mean the public records of Palm.. Beach County, Florida, as recorded in the Clerk of the Court's office thereof -2- !' ARTICLE II OWNERS' PROPERTY RIGHTS Every Owner shall have a right and easement of use and enjoyment in and to the Common Area for its intended purpose, which shall be appurtenant to and shall pass with the title to every Parcel, subject to the following provisions (a) the right hereby reserved of the Association to dedicate or transfer all or any part of the Common Area to any publ ic agency, authority, or utility for such purposes, (b) the right hereby reserved of the Association to grant permits, licenses, and easements over, upon, across and below the surface of the Common Area for utilities, roads, drainage and other purposes reasonably necessary or useful for the proper maintenance and operation of the Property, and (c) the right hereby reserved of the Association to require that each Owner provide at its own cost a survey of each Parcel owned by that Owner, certified to the Association by a registered land surveyor in accordance with applicable Florida statutes, and certifying the gross acreage contained within each such Parcel ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 3 1 Membership Every Owner of a Parcel shall be a Member of the ASSociation Membership shall be appurtenant to and may not be separated from ownership of any Parcel By acceptance of a deed or other instrument evidencing his or its ownership interest, each Owner accepts his or its Membership in the Association, acknowledges the authority of the Association as herein stated, and agrees to abide by and be bound by the provisions of this Declaration, the Articles and By-Laws and other rules and regulations of the Association Section J 2 Voting Riqhts The Association shall have one class of voting membership, and all votes of the Members shall be determined by reference to the number of Membership Interests voted Each Member shall have one vote for each Membership Interest WhiCh it holds in the Association Each Member shall hold one Membership Interest in the Association for each full one-tenth of a net acre of land located within any Parcel(s) as to WhiCh that Member is the Owner -)- i' Section 3 3 Desiqnation of Membership Interests The Board of Directors shall determine the number of Membership Interests applicable to each Parcel, and may require the Owner of any Parcel to deliver a survey of that Parcel, certified to the Board in the form required pursuant to Florida Statute Section 472 027, and certifying to the Board the number of net acres and fractions thereof contained in that Parcel Upon each sale, conveyance or transfer of a Parcel by an Owner, said sale, transfer or conveyance shall automatically transfer to the purchaser thereof the Membership Interests appurtenant to said Parcel ARTICLE IV BOARD OF DIRECTORS Section 4 1 Election of Directors The affairs of the Association shall be managed by a Board which initially shall consist of three (3) Directors Except as provided in the next sentence, each Owner shall be entitled to elect one Director Notwithstanding the foregoing, any Owner may, by written notice to the other Owners, require that each Owner shall have the right to elect one Director for each full increment of 60 Membership Interests held by that Owner Section 4 2 Removal of Directors Any Director may be removed from the Board with or without cause, by a majorlty vote of the Members, or by a written instrument from the Member who elected and/or appointed a Director, removing such Dlrector from office In the event of death I resignation or removal of a Director, the Owner who elected him shall have the right to elect his successor shall be elected in the same manner as the Dlrector who has died, res igned I or been removed ARTICLE V COVENANT FOR ASSESSMENTS Section 5 1 Pavment of Assessments The Declarants hereby covenant, create and establish, and each Owner of a Parcel by acceptance of a deed or instrument of conveyance for the acquisltion of title in any manner shall be deemed to have covenanted and agreed, to pay to the Association the following dues, fees, charges and assessments . -4- it (a) Any annual assessment or charge for the purpose of operating the Association and accomplishing any and all of its purposes, including the payment of insurance and fees to any professional management association chosen by the Directors to manage the Association (b) Any special assessments for capital emergencies, or nonrecurring expenses improvements, (c) Assessments of any kind for the creation of reasonable reserves for any of the aforesaid purposes (d) All charges incurred in connection with the enforcement of any of the terms and conditions hereof, including survey costs and reasonable attorney fees and costs, including any applicable sales tax thereon, and if the Association is the prevailing party in any such enforcement action, such charges shall be assessed against the non-prevailing Owner(s) Section 5 2 Assessments Aqainst Owners Except as otherwise provided herein, each Owner of a Parcel shall be required to pay its proportionate share of each assessment, which is an amount equal to the number of Membership Interests allocated to such Parcel, multiplied by the amount of the assessment per Membership Interest No assessment shall be levied for any period prior to the date hereof and each Declarant agrees that it has no claims against the other Declarants for any cost or expense incurred prior to the date hereof or for any cost or expense which such Declarant may have incurred for the maintenance, repair and/or improvement of the Association Property Section 5 ) Creation of the Lien and Liability of Owner Each Owner, by acceptance of a deed or instrument of conveyance for the acquisition of title to a Parcel, whether or not it shall be so expressed in such deed or instrument, is deemed to covenant and agree that the Parcel's proportionate share of all annual and special assessments, and the other charges and fees set forth in Sect10n 5 1 hereof, together with late fees, costs, and reasonable attorneys' fees, shall run with the land, shall be a charge on the Parcel of that Owner, and shall be a continuing lien upon that Parcel The lien is effective from and after recording a Claim of Lien in the Public Records, stating the description of the Parcel, name of the Owner, amount due and the due dates Each such assessment, together with late fees, costs, and reasonable attorneys' fees, shall also be the personal obI igation of the person who was the Owner of such Parcel at the tJ..me when the assessment fell due, as well as his or J..ts heirs, legal representative, successors and assigns .. -5- I' Section 5 4 Establishment of Assessments The Board of Directors of the Association shall approve and establish all sums which shall be payable by the Members of the Association in accordance with the following procedures (a) Annual assessments against the Members shall be established after the adoption of an operating budget by the Board of Directors, and written notice of the amount and date of commencement thereof shall be given to each Member not less than thirty (30) days in advance of the date thereof Annual assessments shall be payable at such time or times as the Board of Directors shall direct which may be quarterly until otherwise directed Annual assessments may include an amount for reserves so as to enable the Association to establish and maintain an adequate reserve fund for periodic maintenance, repair and replacement of improvements to the Common Areas 5.5 Special Assessments against the Members and all other fees, dues and charges, including assessments for the creation of reasonable reserves, may be established by the Board of Directors at any regular or special meeting thereof, and shall be payable at such time or times as the Board of Directors shall direct (a) The Board of Directors may, from time to time, establish by a resolution, rule or regulat1on, additional specific fees, or charges to be paid by Members to reimburse the Association for the expenses incurred in connection with the enforcement of any of the terms of this Declaration Such sums shall be payable by the affected Member at such time or times as shall be established by the resolution, rule or regulation (b) The Association shall prepare a roster of the Parcels and assessments applicable thereto which shall be kept in the offlce of the Association and shall be open to inspection by any Owner The Association shall, upon request, furnish any Owner a certificate in writing signed by an officer of the Association, settIng forth whether his assessment has been paid and/or the amount Wh1ch IS due as of any date As to parties without knowledge of error, who rely thereon, such certificates shall be conclusive evidence of payment or partial payment of any assessment therein stated having been paid or partially paid Section 5 6 Effect of Nonpayment of Assessments. Remedies of the Association If any assessment is not paId withIn thirty (30) days of the due date, a late fee of 1% of the assessment, beginning from the due date, may be levied by the Board of Directors for each month the assessment is unpaid The Association may at any time thereafter bring an action against the Member personally obligated to pay -the same, and/or foreclose the lIen agaInst the Parcel against which the assessment was levied The Association shall not -6- it be required to bring such an action if it believes that the best interests of the Association would not be served by doing so There shall be added to the assessment all costs and expenses, including attorneys' fees, required to collect same section 5 7 Subordination of the Lien to Mortqaqes As provided in section 5 3 above, the lien of the Association for assessments and other charges of the Association becomes effective from and after recording of a Claim of Lien in the Public Records This lien of the Association shall be superior to all other liens save and except tax liens against the property encumbered thereby, and liens which are evidenced by a first mortgage on any Parcel if such mortgage is recorded in the Public Records prior to recordation in the Public Records of any such Claim of Lien against the same Parcel Alien for assessments shall not be affected by any sale or transfer of a Parcel provided, however, that in the event of a sale or transfer pursuant to a foreclosure of a flrst mortgage or deed in lieu of foreclosure, the acquirer of title, his successors and asslgns, shall not be liable for assessments pertaining to the Parcel or chargeable to the former Owner of the Parcel which became due prior to such sale or transfer However, any such unpaid assessments for which such acquirer is not liable may be reallocated and assessed to all Owners (including such acquirer of title) as an Association expense. Any such sale or transfer pursuant to a foreclosure or deed in lieu of foreclosure shall not relieve the purchaser or transferee of a Parcel from liability for, nor the Parcel from the lien of, any assessments made thereafter Nothing herein contained shall be construed as releasing the party liable for any dellnquent assessments from the payment thereof, or the enforcement of collection by means other than foreclosure ARTICLE VI MAINTENANCE OBLIGATION OF ASSOCIATION Section 6 1 Common Area Except as otherwise provided herein, the Assoclatlon shall at all times maintain the Common Area in good conditlon, and shall repair and replace, when necessary, at its expense, all Common Area improvements Section 6 2 Riqht of Entry by Association Whenever lt is necessary to enter a Parcel for the purpose of inspection, including inspection to ascerta in an Owner's compl iance with the provisions of this Declaration, the Owner thereof shall permit an authorized agent of the Association to go upon the Parcel,.provided that such entry shall be made only at reasonable times In the case of emergency such as, but not limited to, fire -7- !' or hurricane, entry IDay be made at any time Each Owner does hereby appoint the Association as its Agent for the purposes herein provided and agrees that the Association shall not be liable for any alleged property damage or theft caused or occurring on account of any entry ARTICLE VII MAINTENANCE OBLIGATION OF OWNERS Except as othe~ise provided herein (i) each and every Owner is strictly prohibited from modifying any Common Area without prior consent from the Board of Directors, and (ii) each Owner may, at its option and at its own cost, and after notice to the Association, maintain any or all of the portions of Common Areas which abut and/or serve its Parcel Should any Owner undertake unauthorized modif ica tion, or cause damage, to any improvement which the Association has the responsibility to maintain, repair and/or replace, then the Association upon ten (10) days prior written notice to the Owner, shall have the right, through its agents and employees, to remove the unauthorized modificatlons and/or repair such damage The cost thereof, plus reasonable overhead costs to the Association, shall be added to and become a part of the assessments to which the Parcel is subject, and shall be due and payable within ten (10) days after rendition of a bill therefor by the Association ARTICLE VIII EXCEPTIONS TO ASSESSMENT AND MAINTENANCE OBLIGATIONS, CONFIRMATION OF EASEMENTS AND OTHER MATTERS Section 8 1 Conflict with other Articles The provisions hereof shall be controlling where at variance with any other provisions of Articles V, VI and VII of this Declaration of Restrictions Section 8 2 utillty Easements Notwi thstanding anything provided hereina fter, all uti 1 i ty easements now existlng within the present Association Property shall remain in full force and effect for the use and benefit of all of the Owners of the Property and said Property regardless of whether the underlying ownership of any Association Property is vested in the Association or in the name of any other owner Nothing herein shall obligate any Owner to maintain any utility lmprovements if the maintenance of such improvements is the responsibility of a governmental body or a public utility .. -8- !' section 8 3 Drainage Easement There is imposed upon the northerly portion of Parcel 3H, namely that portion thereof lying south of the south boundary line of Parcel 2 and north of the westerly extension of the south boundary line of Parcel 3A to the westerly boundary line of said Parcel 3H (the II Drainage Area II), an easement (the II Drainage Easementll) for maintenance of a drainage facility (the IIDrainage Facil i tyll) which, \.Ii thout limiting generality of the foregoing, includes a drainage pond and retention area serving, and for the use and benefit of, those of Parcels 1, 2, 3A and any other Parcels which now or hereafter require the use of such Drainage Facility to serve same, which Drainage Facility may be expanded within any portions of the Drainage Area as the circumstances may require To the extent that any portions of the Drainage Area are not being used from time to time as the Drainage Facility, the same may be used for other purposes All of the foregoing is subject to any utility easements heretofore established within the Drainage Area The costs of maintenance of the Drainage Easement by the Association shall be assessed solely to the Owners of Parcels utilizing the Drainage Easement for drainage purposes and each such Owner shall bear that portion of such cost of maintenance that the number of Membership Interests allocated to that Owner bears to the number of Membership Interests allocated to the Owners of all Parcels uti11zing the Drainage Easement for drainage purposes Section 8 4 Easterly and SoutherlY Buffers As to that portion of the Utility Easement and Buffer Strips shown on the Plat (the IIBuffers") abutting and running along the easterly side of each of Parcel 3A through Parcel 3G and abutting and running along the southerly side of Parcel 3G, the maintenance obligations shall be performed by, and at the cost and expense of, the respective Owners of the s~id Parcels abutting said Buffers section 8 5 Westerly Buffers As to that portion of the Buffers lying on the westerly side of Parcel 3H, running from Golf Road (S W 23rd Avenue) to the southerly boundary of Parcel 2, the maintenance obligations shall be performed by, and at the cost and expense of, the Owner(s) of each of Parcel JA through Parcel 3G, sharing the same in the rat10 that the Membership Interests allocated to each such Parcel bear to the total Membership Interests allocated to all such Parcels Section 8 6 Balance of Parcel 3H Except for maintenance of the Drainage Easement above described, the maintenance obligations as to the balance of Parcel JH shall be performed by, and at the cost and expense of, the Owner(s) of each of Parcel 3A through 3G, each such Owner to perform the maintenance obligations of that port1on of Parcel 3H which is contained within the extension of the north/south boundary -9- it lines of each of said Parcel 3A through Parcel 3G running from the west boundary line of each such Parcel to the west boundary line of said Parcel 3H (the extension of the north boundary line of Parcel 3A being identical with the common boundary line separating Parcel 2 and Parcel 3H) Section 8 7 Entrance Features Woolbright hereby grants to the Association a perpetual easement to maintain the two entrance walls, signs thereon, and related landscaping, which are located on either side of the Common Area at the Woolbright Road entrance to the Common Area, on Parcels 1 and 2 of the Plat (herein called the "Entrance Features") Said easement includes the right to maintain, repair, and rebuild and/or modify the Entrance Features, but the Association shall not have the right to substantially alter the size, height, location or appearance of either or both of the Entrance Features without the prior written consent of the Owners of Parcell and/or Parcel 2 (as applicable), which consent shall not be delayed or withheld unreasonably The Owners of Parcels 1 and 2 shall have no obligation to pay for any portion of the cost of maintenance, repair, and/or rebuilding of the Entrance Feature Instead, all costs of maintenance, repair or rebuilding of the Entrance Feature shall be allocated to the Owners of Parcels 3A through 3H, in proportion to the Membership Shares of such Owners Section 8 8 Median Sians There exists a median in a portion of the ingress/egress easement which is part of Association Property known as Corporate Drive The present and future owners of the Menorah Property and the Partnership Property, and their respective successors and assigns, shall each have the right to erect and maintain, at their own respective cost and expense, one sale and/or leasing sign (a maximum of two signs) in the median, at the Woolbright Road entrance Such signs shall be subject to the applicable requirements of local codes and ordinances, shall be of monument design, shall be commercially customary ln size and appearance, shall be promptly removed at any time when the applicable parcels are not for sale or lease, and may be replaced when the applicable Parcels are for sale or lease Neither sign shall have priority in location over the other, and the location of such signs in relation to each other (i e , top or bottom, left side or right side, etc ) shall be determined by agreement of Menorah and the Partnership I or otherwise by lottery section 8.9 Defaultinq Owner Notwithstanding anything to the contrary in this Declaration, if any Owner (a "Defaulting Owner") fails to perform to a reasonable standard any maintenance responsibility allocated to it under this Article VIII, the Association shall have the right, after 10 days' written notice and opportunity to cure, to perform -10- it such maintenance obligation to a reasonable standard, to collect the costs of such maintenance from such Defaulting Owner, and to exercise the Association's rights under this Declaration to impose liens for such costs upon the Parcels which are owned by such Defaulting Owner Section 8 10 Limited Votinq and Lien Riqhts Notwithstanding anything to the contrary in this Declaration (i) only the Owners who are allocated maintenance responsibilities under this Article VIII shall have the right to vote on the incurrence of costs for their respective maintenance obligations, and (ii) the Association shall not have any lien right with respect to any maintenance obligation allocated under this Article VIII except with respect to the Parcel (s) to which such maintenance obligation is so allocated ARTICLE IX INSURANCE Section 9 1 Property The Association may purchase and maintain a policy of property insurance covering any or all the Common Area, and any fixtures and equipment and common personal property and supp11es thereon This insurance policy may afford protection against loss or damage by perils normally covered by a standard extended coverage endorse- ment, as well as all other perils which are customarily covered with respect to projects similar in construction, located and use, including all perils normally covered by the standard "all risk" endorsement, where such is available Section 9 2 Liability The Association shall maintain comprehensive general liability insurance coverage covering the Association, with such coverages as the Association shall determine for bodily injury and property damage arising out of each single occurrence Coverage may include, without limitation, legal liability of the insured for property damage, bodily injuries in connection with the operation, maintenance or use of the Common Area, and legal liability arising out of lawsuits related to employment contracts ln which the Association is a party Such policies may provide that they may not be cancelled or substant1ally modified by the insurer, without at least ten (10) days prior written notice to the Association .. -11- i' ARTICLE X GENERAL PROVISIONS Section 10 1 Severability Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions WhlCh shall remain in full force and effect Section 10 2 Amendment The covenants and restrictions of this Declaration shall run with the land and bind the Property, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years This Declaration may be amended at any time and from time to time upon the execution and recordation of an instrument executed by Owners who are entitled to vote a majority of all Membership Interests of the Association, provided, however, that in no event shall any amendment modify in any material respect the basis for assessments or the maintenance obligations of the Association and Owners or alter the priority of the lien of any mortgage existing at the time of any amendment, without the prior written consent and approval of all Owners and, as to the priority of the lien of any mortgage, without the prior written consent and approval of the holder of such mortgage Section 10 3 Notices Any notice requlred to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Owner on the records of the Association at the time of such mailing Section 10 4 Enforcement Enforcement of these covenants, conditions and restrictions shall be any proceeding at law or in equity and may be instituted by the Association, its successors or assigns, or any Owner, against any person or persons violating or attempting to violate or circumvent any covenant, condition or restriction, either to restrain violation or to recover damages, or against the land to enforce any 1 ien created by these covenants, prov ided any such enforcement shall not discriminate among Members, and failure by the Assoc~ation or any Owner to enforce any covenant, condition or restriction herein contained for any period of time shall in no event be deemed a waiver or estoppel of the right to enforce same thereafter . -12- l' Section 10 5 Interpretation In all cases, the provisions of this Declaration shall be given that interpretation or construction that will best tend toward the consummation of the purposes hereof Section 10 6 Authorized Action All actions which the Association is allowed to take under this instrument shall be authorized actions of the Association as approved by the Board of Directors of the Association in the manner provided for in the By-Laws of the Association, unless the terms of this instrument provide otherwise Section 10 7 Sinqular, Plural and Gender Whenever the context so permits, the use of the singular shall include the plural and the plural shall include the singular, and the use of any gender shall be deemed to include all genders IN WITNESS WHEREOF, the undersigned, being the Declarants hereunder, have hereunto set their hands and seals DECLARANTS MENOR1ili: MENORAH REALTY, LTD , a Florida limited partnership By DALFEN'S ATLANTIC ENTERPRISES LIMITED, a corporation organized under the federal laws of Canada, as its sole general partner By ~~~_ Murray Dalfen, resident ASSOCIATION BOYNTON COMMERCE CENTER PROPERTY OWNERS ASSOCIATION, INC , a Florida corporation not-for-profit By .. -13- i' WOOLBRIGHT: WOOLBRIGHT PARTNERS, a Florida general partnership By INC , a By THE RUSSELL COMPANY, LTD , a Florida limited partnership, by its sole general partner By and, By ~ db (~1. &(;..J CHARLES H VON STEIN All of its General Partners PARTNERSHIP. BOYNTON COMMERCE CENTER LIMITED PARTNERSHIP, a Florida limited partnership ; By MIG/BOYNTON COMMERCE CENTER, INC , a Florida corporation, General Partner BY~J\~ vice Presldent . -14- i' STATE OF FLORIDA COUNTY OF ./J!1Pc Th~~~q~~ng instrument was acknowledged before me this ~ day of ~f~ 1996 by Murray Dalfen, as President of Dalfen's Atlantic Enterprises Limited, a corporation organized under the federal laws of Canada, as the sole general partner of Menorah Realty, Ltd , a Florida limited partnership, on behalf of that partnership He is personally known to me or has produced as identification '~1I111111111111111111111/ 11111111111111 1/ 1111111/ II. < '): ......'"' '11, Thorna.s C. Cobb ~ :!: :~ n?; Notary ~?lic, Sb\.c of Florida ~ . . -;..W1 ~ CotnmiStlOll No. CC<< 1"06 < :- '> OH\.O"" My CornmiuiOll E.rpirc:s 03121/99 < , . < .' l..&OO-l.loIOTJJlY f'IL Noury ~ "Bo.diaa c.. < , \\...\\W.,\...\\...\...\....,,\..\\\..\..\\\\..\..\\\....\...........")..NNi... < ~CU- Name Commission No Notary Public state of Florida at Large My commission expires STATE OF FLORIDA ) COUNTY OF ~) The fRr~~~ instrument was acknowledged before me this J~~ day of ~, 1996 by Clifford Russell, as President of Woolbright Investments, Inc , a Florida corporation, as general partner of Woolbright Partners, a Florida general partnership, on behalf of that partnership He is personally known to me_...~>l. lIdS ~duc~d a~ idontific3tifrfl :11'11'1111111'111""//1// N h'11I :11111111111111111 < .": ....". 'v, , Thr:m7l C ~obb ~ 'I' ..~ flC" Nn.JI'}' I"::!.: ~~:~ of F10rilh < . : ~W1 ~ C(:II:.~i!~f., :~ 441406 ~ :- ~O/f..Q" My Com:U1s: E:tjlioc-s 03121/99 < .' < . J~oo.J.}.l()TAJl.Y fl., 'J..".? SC:ri{:.CO Boadiac Co. < . \....\\\\\\\\\)....................\..)'.':,~....~w,~w,'::\\)....)\\..\ ~ ~ . ~ . ~ Name. . ~cT~~ Commlsslon No 0 Notary Public State of Florlda at Large My commission expires c:.' ~I': L '':'''11-.:0' ~':J'.L "I S;~!:._EY ) \",':'TF::~D 'I '''T' "'{ 1>' Ir.' 1- C'''-''''''''' C'= ':' O:-ID .. '.....,r.l. .'-'L!..._'-_I.r.~ ,jL ~,' cc. "';::;(1' j..;O. CC.{Y.2? J rJ c~ ., 'r-',...,' ,=,,,r. .f ~ .....", oJ. '_"'. .'~ ,::",::':::'~_l_---:~~!'? STATE OF FLORIDA ) COUNTY OF {) ~ } The #.I~9,~i"Pg instrument was acknowledged before me this L..f!!:: day of F~; 1996 by Clifford Russell, as President of CLTV, Ine , a Florida corporation, as general partner of The Russell -15- f' Company, Ltd , a Florida limited partnership, as general partner of Woolbright Partners, a Florida general partnership, on behalf of that partnership He is personally known to me er ha~ pL0Juc~a -a3 l.dentifl.cot.Lulr My commission expires ~ ~rl ~~~~si~~ fl-iit ~~ r;p!Sf Notary Public State of Florida at Large I u~' 'l~IAI. "'OT Aj;,'l S~AL S:~';.!.EY j \\ 1.liTFiELD ! ."aiN:\' rU.,L:C ~-':"TE CF FlO~lD" I \.. C :::::i~"~ :~0 CC~~?!) L_~~C _.. _._~_~_~ l~~ STATE OF FLORIDA ) COUNTY OF.{)~ The~~g instrument was acknowledged before me this ~ day of F~; 1996 by Charles H Von Stein, as general partner of Woolbright Partners, a Florida general partnership, on behalf of that partnership He is personally known to me.or h~c producod ~c idontifio~ti~ My commission expires ~.~~ commission 0 ~ Notary Public state of Florida at Large Q' j, ':I!..L -,OT.:'.;':)' Si::AL c;.. _:.. '( J h r~rriELD C.j ~ _ L:': ST.' - OF FLORIDA '- .... ~ ;,,,0 CC~4~29 L~_-= __.~__,-=__,:2:.1...__~~S STATE OF FLORIDA ) COUNTY OF~ T~~1f:egoing instrument was acknowledged before me this 31~ day of u~ry, 1996 by Charles J Stone, as Vlce Presldent of MIGjBoynton Commerce Center, Inc, a Florida corporation, as general partner of Boynton Commerce Center Limited Partnership, a .. -16- !' Florida limited partnership, on behalf of that partnership He is personally known to me or has produced ----- as identification Nam~~UJKI~ commis ion No ~ '3~ O~ IS- Notary Public state of Florida STATE OF FLORIDA ~\\\"\II1' ""It'l a t ,.r-.~'~Jd6AG' ,/// ~~~'~"" ~.I? /~ ~ ~",IS'ION.. ~ ~ ~~~~YII""~ ~ ~ ~! 't:.'" ~ =* '&.~...- *= ~~ fee 350715 : tiE ~~ 8. 's_ ~~ J;. O....dt"~# ~~ ~ )- A ~ F';,"'n\~'" <. \'" ~ "'" z,... <;)' ~ '" ailC S1~"~ ,,'" 1111"',i'11111\\\\\\\ My commission expires COUNTY OF DADE The {Rr~q?~ng instrument was acknowledged before me this I~ day of ~, 1996 by Murray Dalfen, as President of Boynton Commerce Center Property Owners Association, Inc, a Florida corporation, on behalf of that corporation He is personally known to me ~f2h--- Name homas C Cobb Notary Public State of Florida at Large <1111/// /////1/1 / 11/11/ / / // // // // //11 // 1111/11///11 < ); ~~.,., 'Ii, Thomas C. Cobb ~ 'j .. ~ f\ "'Co Noury Public. SUle of Flonda ( . : ~ ~; CommissioD No. CC <<1406 ~ . "'011\.0'" My Commission Expires 03/27199 ( . ( . 1.loo.l.IlOTAAY n.. jo/oury x".;cc A Iloedia, Co, ( . \)))))))))w...)))))..))))'..'1)))'1)'1W'l)...'1))))))).w...))) ~ l> . -17- it INDEX OF EXHIBITS A Legal Description of the Association Property B Legal Description of the Menorah Property C Legal Description of the Woolbright Property D. Legal Description of the Partnership Property 1 ~ .. -18- it CONSENT OF MORTGAGEE TO DECLARATION OF RESTRICTIONS FOR BOYNTON COMMERCE CENTER NORTHERN TRUST BANK OF FLORIDA, N A , a national bank (the "Mortgagee"), as the owner and holder of that certain mortgage executed by Woolbright Partners and dated May 18, 1989 and recorded in Official Records Book 6071 at Page 571 as modified by instruments recorded in Official Records Book 6456, page 1090, Official Records Book 6875, Page 1667, Official Records Book 7271, page 666, Official Records Book 7758, Page 1909, Official Records Book 8403, Page 1337, Official Records Book 8578, Page 1795, Official Records Book 8826, Page 434, and Official Records Book 8853, Page 474, all in the Public Records of Palm Beach County, which said mortgage encumbers all or portions of the Property described in the foregoing Declaration, hereby consents to the execution of the Declaration of Restrictions for Boynton Commerce Center This consent shall be binding upon the Mortgagee, its successors and assigns IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed in its name and seal affixed on this ~q~ day of PeL.LU~LY, 1996 ~Vl5u~T Signed, sealed and delivered in the presence of NORTHERN TRUST BANK OF FLORIDA N A , a national bank pr~"aM'- F A - . ~b - By.~~4).~~ let/lOr' Title _ Pr<:;.3iJe~lt \11(<:.. C'r.C\\('i'V'Cl,.. ~~,~~ ~~RT~R STATE OF FLORIDA COUNTY OF The fOr-f:~~~ng instrument was ackno~ledged before me this dq4~ day of re.br:uat-y, 1996 by /~,Jllt;m 1--, ,lvi" I {ISO/" I as ~ rrcGidnnt' Chalr",,( of Northern Trust Bank of Florida, N A I a national bank, on behalf of the bank He/~ is personally known to ~e or:: hae; produced- ao::. i.iJ\ IIl1r.i.~(]t-inn. .. Nam~~~~ Commission No -ere. '-IS?> 0 '=> t..:; Notary Public state of Florida at Large My commission expires OFFICIAL NO NORA C WAGONER NCYrARY PUBLIC STATE OF FLORIDA SEAL] it CONSENT OF MORTGAGEE TO DECLARATION OF REST~ICTIONS FOR BOYNTON COMMERCE CENTER NATIONSBANK. N A (SOUTH) a national bank (the "Mortgagee"), as successor to Intercontinental Bank, a Florida bank ("Intercontl.nental"), as the owner and holder of that certaln mortgage in favor of Clifford Russell, as Trustee of The Russell Revocable Trust ("Russell"), dated Hay 18, 1989 and recorded in Officl.al Records Book 6071 at Page 593 as assigned by Russell to Intercontl.nental by instrument recorded in Official Records Book 6241, Page 973, and as modified by instruments recorded in Official Records Book 6241, Page 970, Offl.cial Records Book 7452, Page 518, and Official Records Book 9041, Page 12, all in the Public Records of Palm Beach County, vhich said mortgage encumbers all or portions of the Property described in the foregoing Declaration, hereby consents to the execution of the Declaration of Restrictions for Boynton Commerce Center This consent shall be binding upon the Mortgagee, its successors and assigns IN WITNESS WHEREOF, the Mortgagee has caused this,hPstrurnent to be executed in its name and seal affixed on the U- day of ~ 1996 Signed, sealed and delivered in the presence of dh1/~ L.d Print Name /' U -:." I ~ ,) 1_' Or J ~a~qr~OV~AC'Y<- By Tl.tle STATE OF FLORIDA ) COUNTY OF"Da..de. The foregoing ins~rument was acknowlecged before me this 15L- day of February, 1996 by ~Qfen 11> &i/mIe. , as S-v'uPresident of NATIONSBANK N A (SOUTH) , a natlonal bank, on behalf of the bank He/~e is ~rsonrtlly known to me or has produced as-rdentification My comrnlssion expires Name v comrniss on No Notary Public State of Florida at Large [NOTARIAL SEAL) .....,'^~t- 'V~TTE c;:u:::!;r-o My Conv:"\.cdon CC:;::...v.....;. * 1fifj[ * ~xpit.. Doc.~: 1\1!17 -20- i' CONSENT OF MORTGAGEE TO DECLARATION OF RESTRICTIONS FOR BOYNTON COMMERCE CENTER Board of Trustees of the General Retirement System of the City of Detroit, a pension plan and trust established by the Charter and Municipal Code of the City of Detroit, Michigan, bearing the date September 26, 1991 (the "Mortgagee"), as the owner and holder of that certain mortgage recorded September 27 I 1991 in Official Records Book 6971, Page 428, of the Public Records of Palm Beach County I Florida, and certain related documents recorded in the Public Records of Palm Beach County, which saJ..d mortgage and related documents encumber all or portions of the Property described in the foregoing Declaration, hereby consents to the execution of the Declaration of Restrictions for Boynton Commerce Center This consent shall be blnding upon the Mortgagee, its successors and assigns IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed in its name and seal affixed on _ day of February, 1996 Signed, sealed and delivered in the presence of Board of Trustees of the General Retirement System of the city of Detroit, a pension plan and trust established by the Charter and Municipal Code of the City of DetroJ..t, Michigan, bearing the date September 26, 1991 Print Name Print Name By Title STATE OF ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 1996 by , as of Board of Trustees of the General Retirement System of the City of Detroit, a pensJ..on plan and trust established by the Charter and Municipal Code of the City of DetroJ..t, Michigan, bearing the date September 26, 1991 on behalf of the Trustees He/she is personally known to me or has produced as identification . Name Commission No Notary PubllC State of at Large My commission expJ..res [NOTARIAL SEAL] -?1- t. CONSENT OF MORTGAGEE TO DECLARATION OF RESTRICTIONS FOR BOYNTON COMMERCE CENTER JACKSON NATIONAL LIFE INSURANCE COMPANY, a corporation (the "Mortgagee"), as the owner and holder of that certain mortgage executed by Menorah Realty, Ltd , a Florida limited partnership, dated February 28, 1996 and recorded in Official Records Book at Page in the Public Records of Palm Beach County, which said mortgage-encumbers all or portions of the Property described in the foregoing Declaratlon, hereby consents to the execution of the Declaration of Restrictions for Boynton Commerce Center This consent shall be binding upon the Mortgagee, its successors and assigns IN WITNESS WHEREOF, the Mortgage~ has caused this instrument to be executed in its name and seal affixed on this day of , 1996 Signed, sealed and delivered in the presence of JACKSON NATIONAL LIFE INSURANCE COMPANY," a Michlgan corporation by PPM F" B " Tl e esident Dal"id 1\1. STATE OF JiJ-ItJJJ.JJ ) COUNTY OF t!W The foregoing instrument ~ ~nOwledged before me this ~ day of March, 1996 by iJJJUd;7h - '/ j J , as~ Presldent of Jackson National Life Insurance ompany, a Michigan corporation, on behalf of that corporation Hel&He is personally known to me or has produced as identification My commission expires i.~dt'Nt ?tit!tJJ Commlssion No Notary Public State of :eLL-IUD 1-5 [NOTARIAL SEAL] OFFICIAL SEAL LINDA L WALKER NOT ARY PUBLIC. ST ATE 01' ILLINOIS MY COMMISSIOI~ EXPIRES 09/26/99 ., ",,^,,^~N ~ ~ . -22- l' EXHIBIT "A" LEGAL DESCRIPTION OF ASSOCIATION PROPERTY The land lying within the 50' and 80' Ingress, Egress and Utili ty Easements, which run generally north-south as dedicated pursuant to and shown on the Plat of BOYNTON COMMERCE CENTER, recorded in Plat Book 46, Pages 126 and 127, Public Records of Palm Beach County, Florida (the "Plat"), as amended by the deed and easement agreement referenced in and modified pursuant to that certain Agreement dated November 12, 1995, between Boynton Commerce Center Property Owners Association, Inc , et al., recorded in Official Records Book 4736, Page 827, Public Records of Palm Beach County, Florida Said lands consisting of 2 9 acres, more or less t'j . E' EXHIBIT "Bl1 LEGAL DESCRIPTION OF MENORAH PROPERTY Parcels 3-D, 3-E, 3-F and a portion of Parcels 3-C, 3-G and 3-H, BOYNTON COMMERCE CENTER, according to the Plat thereof as recorded in Plat Book 46, Pages 126 and 127 in the Public Records of Palm Beach County, Florida, more particularly described as follows COMMENCING at the Southwest Corner of said Parcel 3-G, thence N 02021/3211 E, along the West 1 ine of said Parcel 3-G, for a distance of 239 73 feet to a point on a line 35 00 feet South of and parallel with the South line of said Parcel 3-H, said point also being the POINT OF BEGINNING, thence continue N 02021'3211 E, along the West line of said Parcels ]-G and 3-H, for a distance 1054 60 feet, thence S 88 32'2011 E, 166 02 feet to a point on the East line of said Parcel 3-H, thence S 02 21'3211 W, along said East line, for a distance of 249 50 feet to a point on a line 40 00 feet North of and parallel with the South line of said Parcel 3-C, thence S 88032'20" E, along said parallel line, for a distance of 223 51 feet to a point on the arc of a tangent curve, concave to Southwest, thence Southeasterly along said parallel line and the arc of said curve, having a radius of 1534 00 feet, a central angle of 18007/4711 and an arc distance of 485 40 feet, thence S 20000/1511 W, along the East line of said Parcels 3-C, 3-D, 3-E, 3-F and 3-G, for a distance of 805 04 feet to a point on a line 35 00 feet South of and parallel with the North line of said Parcel )-G and the South line of Parcel ]-H, said point also being on the arc of a non-tangent curve concave to the Southwest (radial line to said point bears N 19 08 I 0511 W), thence Northwesterly along said parallel line and the arc of said curve having a radius of 729 00 feet, a central angel of 17 40'2511 and an arc distance of 224 87 feet to a point of tangency, thence N 88 32/20" W, along said parallel line 402 15 feet to the POINT OF BEGINNING TOGETHER WITH A 50 foot and 80 foot Ingress, Egress and Utility Easement as shown on BOYNTON COMMERCE CENTER, according to the Plat thereof as recorded in Plat Book 46, Pages 126 and 127 in Public Records of Palm Beach County, Florida Said lands lying and situate in Palm Beach County, Florida, and containing 14 83 acres, more or less Note Excluding the 50' Ingress, Egress and Utility Easement (1 33 acres) which is part of the Common Area, the Menorah Property consists of 13 50 acres . i' EXHIBIT "C" LEG~L DESCRIPTION OF WOOLBRIGHT PROPERTY Parcel No 1 and Parcel No 2, as shown on the Plat of Boynton Commerce Center, recorded in Plat Book 46, Pages 126 and 127, Public Records of Palm Beach County, Florida, being the same property which is described as PARCEL NO 1 Commencing at the Northeast corner of Section 32, Township 45 South, Range 43 East, Palm Beach County, Florida, thence due West (assumed), along said North line of Section 32, a distance of 112 84 feet to a point in the Westerly right of way line of The Seaboard Airline Railroad right of way, thence South 20"0'15" West, along said Westerly right of way line, a distance of 141 41 feet to a point in the Southerly limited access right of way line of Woolbright Road, as shown on The Florida State Road Department right of way map of State Road I-95, Section 93220-2411, Sheet 27, said point also being the Point of Beginning of the parcel to be herein described, thence contlnue South 20 0'15" West along said Westerly right of way line of The Seaboard Airline Railroad, a distance of 623 28 feet, thence North 69"59'45" West, a distance of 741 01 feet, thence North 2 21'32" East, a distance of 389 19 feet to a point in the said southerly lirnlted access right of way line of Woolbright Road, thence North 87" 43'1011 East, along said Southerly limited access right of way line, a distance of 201 76 feet to the point of curvature of a curve concave to the South, thence Easterly, along the arc of said curve having a radius of 2784 79 feet and a central angle of 2"4'4211, a distance of 101 02 feet, thence South 74 26'12" East a distance of 203 03 feet, thence South 88"11'57" East, a distance of 395 51 feet to the Point of Beginning aforedescribed ~ PARCEL NO. 2 Commencing at the Northeast corner of Section 32, Township 45 South, Range 43 East, Palm Beach County, Florida, thence due West (assumed), along said North line of Section 32, a distance of 1134 15 feet, thence due South, a distance of 60 95 feet to a point in the Southerly right of way line of Woolbright Road, as shown in Road Plat Book 4, Page 85, Public Records of Palm Beach County, Florida, said point also being the Point of Beginning of the parcel to be herein described, thence due West, along said Southerly right of way line, a dlstance of 180 81 feet to the point of curvature of a curve concave to the South, thence Westerly, along the arc of said curve, having a radius 1856 86 feet and a central angle of 3"57'36", a distance of 128 34 feet to a point in the Easterly right of way line of Lake Worth Drainage District Canal No E-4, thence south 2"21'32" West, along said Easterly right of way line of E-4 Canal, a distance of 400 feet, thence due East, parallel with the North line of said Section 32, a distance of 308 85 feet, thence North 2 21' 32" East, and parallel with the said Easterly right of way line of E-4 Canal, a distance of 404 45 feet to the Point of Beginning aforedescribed .. Said Parcels are lying and situate in Palm Beach County, Florida, and contain 12 247 acres, more or less, and do not include any Common Area ft EXHIBIT "D" LEGAL DESCRIPTION OF PARTNERSHIP PROPERTY Parcels 3-A and 3-B, and a portion of Parcels 3-C, and 3-H, BOYNTON COMMERCE CENTER, according to the Plat thereof as recorded ~n Plat Book 46, Pages 126 and 127 in the Public Records of Palm Beach County, Florida, more particularly described as follows BEGINNING at the Northwest corner of said Parcel 3-H, thence East, along the North line of said Parcel 3-H, for a distance of 388 92 feet to a point on the North line of said Parcel 3-A, thence S 69059'45" E, along said North line, for a distance of 741 01 feet to a point on the East line of said Parcel 3-A, thence S 20000'15" W, along the East line of said Parcels 3-A, 3-B and 3-C, for a distance of 748 20 feet to a point on a line 40 00 feet North of and parallel with the South line of Parcel 3-C, said point also be~ng on the arc of a non-tangent curve, concave to the Southeast (radial line to said point bears N 19035'27" E), thence Northwesterly along said parallel line and the arc of said curve having a radius of 1534 00 feet, a central angle of 18007'47" and an arc distance of 485 40 feet to a point of tangency thence tangent to said curve, N 88032'20" W, along said parallel l~ne, for a distance of 223 51 feet to a point on the East line of said Parcel 3-H, thence N 02021'32" W, along said East line, for a distance of 249 SO feet, thence N 88032' 20" W, 166 02 feet to a point on the West line of said Parcel 3-H, thence N 02021'32" E, along said West line, for a distance of 609 54 feet to the POINT OF BEGINNING A portion of Parcel 3-G, BOYNTON COMMERCE CENTER, according to the Plat thereof as recorded in Plat Book 46, Pages 126 and 127 in the Public Records of Palm Beach County, Flor~da, more particularly described as follows !'>-' BEGINNING at the Southwest Corner of said Parcel 3 -G, thence N 02021'32" E, along the West line of said Parcel 3-G, for a distance of 239 73 feet to a point on a line 35 00 feet South of and parallel with the North line of said Parcels 3-G and 3-H thence S 88032'20" E, along said parallel line, for a distance of 402 15 feet to a po~nt on the arc of a tangent curve, concave to the Southwest, thence Southeasterly along sa~d parallel l~ne and the arc of said curve, having a radius of 729 00 feet, a central angle of 17040'25" and an arc dlstance of 224 87 feet to a point on the East line of sa~d Parcel 3-G thence S 20000'15" E, along said East line, for a distance of 179 94 feet to a po~nt on the South llne of said Parcel 3-G thence N 88032'20" W, along said South line, for a d~stance of 164 10 feet to a point on the arc of a tangent curve concave to the Southeast thence Southwesterly along the arc of said curve, having a radlus of 2391 83 feet a central angle of 09046' 14" and an arc dlstance of 407 87 feet to the POINT OF BEGINNING .. TOGETHER WITH A 50' and 80' Ingress, Egress and Utility Easement as shown on BOYNTON COMMERCE CENTER, according to the plat thereof as recorded ~ in Plat Book 46, Pages 126 and 127 in the Public Records of Palm Beach County, Florida said lands lying and situate in Palm Beach County, Florida, containing 20 64 acres, more or less Note- Excluding the 50' Ingress, Egress and Utility Easement (0 84 acres) which is part of the Common Area, the Partnership Property consists of 19 80 acres ~ . .