APPLICATION
.,
PROJECT NAME. SHOPPES OF WOOLBRIGHT - FAVORITE FOOD COURT
LOCATION: EAST SIDE OF S.W 8TH ST., NORTH OF WOOLBRIGHT RD
COMPUTER ID SHPSWOOLIFOOD COURT/COUS
I FILE NO COUS 98-001 I TYPE OF APPLICATION
CONDITIONAL USE
APPLICANT/CONTACT PERSON OWNER. FAVORITE FOOD COURT,
BRADLEY D MILLER, AICP INC.
PHONE 561-272-0082 EDWARD JAFFY, PRESIDENT
FAX. 561-274-8558 PHONE 561-994-3133
ADDRESS MILLER LAND PLANNING FAX.
CONSULTANTS, INC. ADDRESS 5030 CHAMPION BL YD.,
298 PINEAPPLE GROVE WAY #G6418
DELRA Y BEACH, FL 33444 BOCA RATON, FL 33496
DATE.
SUBMITTAL / RESUBMITT AL 5/11/98
1ST REVIEW COMMENTS DUE '5 ~~~/(Jf
PUBLIC NOTICE / (
TRC MEETING 6/2/98
PROJECTED RESUBMITTAL DATE ) ,
, r "
ACTUAL RESUBMITTAL DATE 'T 1\ ~
\
2ND REVIEW COMMENTS DUE I
/
LAND DEVELOPMENT SIGNS POSTED it~l'1~
(SITE PLANS)
PLANNING & DEVELOPMENT BOARD 6/23/98
MEETING
CITY COMMISSION MEETING 7/7/98
COMMENTS
S.\FORMS\PROJECT TRACKING INFO
MILLER
LAND
PLANNING
CONSULTANTS, INC.
r~1 ~ ~ rn ~ WI ~ 00' ,--
I JU I MAY I 31998 I ~ 298 P,NEAPPLE GROVE WAY
. L J DELRAY BEACH, FLORIDA 33426
PLA:~N!NG AND
ZONiNG DEPT.
PHONE . 561/272-0082
FAX. 561/274-8558
May 13,1998
Tambri Heyden AICP
CITY OF BOYNTON BEACH
100 E. Boynton Beach Boulevard
Boynton Beach FL 33425-0310
Re Food Court
Conditional Use/Revised Master Plan Application
Dear Tambri
Pursuant to our telephone discussion late yesterday today I inserted revised architectural sheets
into the site plan sets that were submitted on May 11 and provided the $500 application fee for
the revised Master Plan. The architectural plans now show the proposed building signage
With the submittal of this information, I understand that the application will be processed
according to the following schedule
Technical Review Committee
Planning & Development Board
City Commission
June 2
June 23
July 7
Please notify me if there is any difference to the above schedule or if you need any additional
information I appreciate your cooperation and assistance
Sincerely
MILLER LAND PLANNING CONSULTANTS, INC
{~ .
cc: Ed Jaffy
Marc Wiener
Ken Kruger
C:\m I P c\Shoppes of Woolbright\Food Court\heyden513.wpd
.
MILLER
LAND
PLANNING
CONSULTANTS, INC.
298 PINEAPPLE GROVE WAY
DELRAY BEACH, FLORIDA 33426
PHONE . 561/272-0082
FAX. 561/274-8558
May 11 1998
ru~:>i: ,u~T@
Tambri Heyden, AICP
CITY OF BOYNTON BEACH
100 E. Boynton Beach Boulevard
Boynton Beach FL 33425-0310
PLANNING AND
ZONING DEPT.
Re Shoppes of Woolbright PCD - Lot 2
Food Court Parcel
Conditional Use Application
Dear Tambri
Attached are the requisite documents and plans for a conditional use application for the above
referenced property As discussed this application amends a site plan that was approved on
March 4 1997 The attached Project Summary compares this application to the previous site plan
approval and addresses the standards for approving a Conditional Use application
The use of the building continues to be for multiple restaurant users. The increase in site area has
allowed for adjustments to the site layout that improve the overall function of the property
including the drive-thru lane The drive-thru lane requires the conditional use approval from the
City
Please initiate the review and processing of this application and do not hesitate to contact me
should you need any additional information Thank you for your assistance
Sincerely
MillER LAND PIANNI :ONSUlTANlS, INC
Bradley D Miller CP
cc: Ed Jaffy
C:\m I p c\Shoppes of Woolbright\Food Court\heyden511 wpd
.
MILLER
LAND
PLANNING
CONSULTANTS, '-INC.
-......
-\ ~ ...: ~;oo
298 PINEAPPLE GROVE WAY
DELRAY BEACH, FLORIDA 33426
n I
liU:
..J
PLANNING AN!)
ZONING DEPT.
PHONE . 5611272-0082
FAX . 5611274-8558
Shop pes of Woolbright - Lot 2
Food Court - Conditional Use Application
PROJECT SUMMARY
May 11 1998
This application amends a site plan that was approved by the Boynton Beach City Commission
on March 4 1997 With the relocation of the Home Depot driveway through the approval of the
Expo project this parcel acquired a 24 foot wide strip of property along the north parcel line This
application reflects the new property boundaries and illustrates an improved site layout The site
modifications in comparison to the previous approval consist of the following:
. The site has better circulation around the building which improves the overall access to the
site dumpsters and parking. The site plan also proposes a drive-thru lane on the north side
of the building
. The building footprint is increased by 290 square feet from 3,71 0 square feet to 4,000 square
feet
. The architectural features of the building are upscaled but yet with architectural
consistency with other uses within the Shoppes of Woolbright development
The project as proposed is consistent with the Shoppes of Woolbright PCD development standards,
signage, colors, etc. as well as pertinent City Code provisions.
C:\m I P c\Shoppes of Woolbright\Food Court\projsum511 wpd
.
APPL_ ~~::~ AC~EPTA3 DATE
RECE -== 3! STAFF MEMbER
FEE :: =,.::=
RECE:::--=- c'TT..,"'MBER
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
CONDITIONAL USE APPLICATION
NOTE Th~s form must be filled out completely and accurately and
must ac=ompany all applications submitted to the Planning
Depa~~,en~ (2 copies of application required)
PROJ::: 2:' ::JAJv'!E
AGEN'::- 'S l'JAiVIE
2.J:DRESS
PHONE
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(or ~~ustee)
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PROJECT
LOCAT:!: ON ~ 0. t>e. bf tGw e-& t?r'~ I I'L\n 1tT.+ Of
(not ::'egal descrlptlon) ~l,,~lhoH'"T'?".o.t>
CORRE:SPONDENCE ADDRESS * ~-r
(if different than
agent or owner)
* This is the only address to which all agendas, letters and
other materials will be forwarded
2
Fee
File No
CONDITIONAL USE APPLICATION
Date S'-<..cmlcted
Site
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PHONE ~ \ I Z7Z 0082-
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Appl-,-::::an.:: Name
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(zip code)
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Address
Lega_ Description
~F:. ~A~
projec:: Descr~ption
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Signa~ure 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 )
I
3
CONDITIONAL USE APP20VAL APPLICATION
-::-:::- -1:'1:( 7\ T
_..:.. l....J:..i-1..L.:
INFORMATION
All property owners
400)feet surrounding
notl.fied
located within four
the subject parcel
hundred
shall be
The ownership of all surrounding properties as
submi t ted by the applicant, shall be reviewed by the
Cicy Clerk, who shall notify the owners by regular mail
of the date and purpose of the public hearing held in
c~njunction with the conditional use application
Notlce 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
Q
At the public hearing held
Development Board, evidence
presented
and
be
the Planning
or against may
by
for
~
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
flndings shall be forwarded to the City Commission
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 new application for conditional use approval shall
be accompanied by a fee payable to the City of Boynton
Beach as per the attached fee schedule as well as
labels and postage for property owners to be notified
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 C~_.'~ITIONAL USE APPLICATION Application for
conditional use s~ I 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 certific~te 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 consent 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 subject 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 3~~E PLk~ REQUIREMENTS
~ve_'Je (12) complete, assembled and stapled sets of plans shall
~e submitted All drawings shall be scaled and the maximum size
s'ee~ shall be 24" x 36" The following site information shall be
s~own on the submitted plans or where applicable, separately
submit~ed Incomplete site plans will not be processed
( che'=K
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
11 Floor plans or typical floor plans for all structures
12 Finish floor elevations of all structure
13 Uses within each structure, indicated on floor plans
14 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
6
17 Location of wa1ls 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
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(l)) A
minimum 10 foot wide opening is required for dumpster
enclosures
7
26 A parking lot design and construction plan showing
conformance to the City Parking Lot Regulations, and
including the following informat~on 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
footcandles
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
h Location of handicap parking spaces, plus signs
and access ramps, consistent with the State
Handicap Code
1 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
8
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
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
NOTE 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 no
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 relat€d
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
8-1/2" 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 lO")
9
30 Any ot~eY engineering and/or technical data, as may be
required by the Technical Review Committee to determine
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
10
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 Compreh-:msive Plan ~Mn'\~~AL
2 Zoning District ~
1
3
Area of Site
c::::>. C;; (P
2~Z-
sq ft
acres
4 Land Use -- Acreage Breakdown
a
Residential, including acres % of site
surrounding lot area or
grounds
Recreation Areas *
(excluding water area) acres % of site
Water Area acres % of site
Commercial ~ t;~ acres foe. % of site
Industrial acres % of site
Public/Institutional acres % of site
Public, Private, and
Canal Rights-of-Way acres % of site
Other (specify) acres % of site
b
c
d
e
f
g
h
1
Other (specify)
% of site
acres
j
o ~b
Total area of Site
100
% of site
acres
* Including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft by 50 ft
11
5 Surface Cover
a Ground Floor Building _4,~o sq ft % of site
Area ( II building footprint ")
b Water Area sq ft % of site
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 sq ft 9<- of site
0
d Total Impervious Area sq ft az. % of site
e Landscaped Area Inside of
Parking Lots ( 20 sw ft
per interior parking space
required--see Sec 7 5-35 (g) , ?
of Landscape Code ,&;2 sq ft ~. % of site
f Other Landscaped Areas, Z I qt:;t:;"
excluding Water Area sq ft -1L. % of site
g Other Pervious Areas,
including Golf Courses,
Natural Areas, Yards, and
Swales, but excluding
Water Areas sq ft % of site
h Total Pervious Areas ~ sq ft ~ % of site
i Total Area of Site U-, 44-' z.. sq ft 100 9<- of site
0
6 Floor Area
a Residential sq ft
b Commercial/Office ~ sq ft
c Industrial/Warehouse sq ft
d Recreational sq ft
e Public/
Institutional sq ft
f Other ( specify) sq ft
g
Other (specify)
sq ft
12
h
Total Floor Aea
4,000
sq ft
7 Number of Residential Dwelling Units
a
Single-Family Detached
dwelling units
b
Duplex
dwelling units
c Multi family (3 + attached dwelling units
(1 ) Efficiency dwelling units
(2) 1 Bedroom dwelling units
(3 ) 2 Bedroom dwelling units
(4 ) 3+ Bedroom dwelling units
d Total Multi-Family dwelling units
e Total Number of Dwelling Units
8
Gross Density
Dwelling Units per Acre
9
Maximum Height of Structures on Site
Z&; feet
storief
10
Required Off-Street Parking
a Calculation of Required
Number of Off-Street
Parking Spaces
Joco ~r ')( \ ~ / \OD "9>f
b
Off-Street Parking Spaces
Provided on Site plan
4D ~~L~
(~7 ~=)--
13
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does herebj
acknowledge, represent and agree that all plans, specifications,
drawings, engineering, and other data submitted with this applicatiol
for review by the City of Boynton Beach shall be reviewed by the various
boards, commissions, staff personnel and other parties designated,
~ppointed or employed by the City of Boynton Beach, and any such party
reviewing the same shall rely upon the accuracy thereof, and any charge
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 shal~
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 act_on
which may arise due to their enforcement of the same
V!~0
i:~Y &.
'7>~~
Wi tness J
, 19 qB .
zz..~ day of 4pe1L-
APP1:!::;u /#(
READ, ACKNOWLEDGED AND AGREED TO this
15
A F F I D A V I T
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED E..t>LLJ~ ~"fP1
, 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 II A"
FURTHER AFFIANT SAYETH NOT
/' ~
~ .P#c--
19n ture)
Sworn to and subscribed before me this
z.z.,.J
day of
tz
~- ::
otaryj Public
State of Florida at
AD, 19 qg
-
......... BRADLEY 0 MILLER
......\~""t~..'- .
~~'..W
!.: ~:: MY COMMISSION' CC 565299
~~ .=rrJ EXPIRES: May 18. 2lIOO
.'l.i' ....~,' Bondedlllru -. NIle UncIIlIwrIlIII
',Rr.I~\ .......,.
Large
My Commission Expires
lega~ Descript~on
Lot 2, WOOLBRIGHT 100, according to the Plat thereof as recorded in Plat Book 80,
Page 27 of the Public Records of Palm Beach County, Florida
TOGETHER WITH
A portion of Tract 0, SHOPPES OF WOOLBRIGHT P C.O, according to the Plat thereof as
recorded in Plat Book 65, Pages 137 and 138 of the Public Records of Palm Beach
County, Florida, more particularly described as follows.
BEGINNING at the Northwest corner of said Tract C, said point also being the Southwest
corner of said Tract 0 and a point on the arc of a curve concave to the west (a radial
line to said point bears N84"19'OO"E), thence northwesterly along the west boundary
of said Tract 0 and along the arc of said curve, having a radius of 1851 74 feet and a
central angle of 00.44'48", a distance of 2413 feet to a point of intersection with
a line 2400 feet north of and parallel with the North boundary of said Tract C;
thence N89"50'25"E, along said parallel line, 180 12 feet to a point of intersection
with the northerly extension of the east line of said Tract C, thence SOO"09'35"E,
along said northerly extension line, 2400 feet to the northeast corner of Tract C,
thence S89"50'25"W, along the north boundary of said Tract C, 177 64 feet to the
POINT OF BEGINNING.
Said lands lying and situate in the City of Boynton Beach, Palm Beach County, Florida.
containing 24,442 square feet, 056 acres, more or less.
_._---_._------------------~------
Adjacent Property Owners List
Home Depot
2455 Paces Ferry Road SE
Atlanta, GA 30339
Cracker Barrel Old Country Store
305 Hartman Dr
Lebanon, TN 37087
Discount Auto
4900 Frontage Road S
Lakeland, FL 33815
Burger KIng / Westwmd Group
12555 High Bluff Dr #120
San Diego, CA 92130
./
Racetrac Petroleum
300 Technology Court SE
Smyrna, GA 30082
Frrst Baptist Church
301 N Seacrest Blvd.
Boynton Beach, FL 33435
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FROt1 t1ARC WIENER A I A 1 561 7505298
5-07-1998 1 57PH
43W'
43W'
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P 5
--
PAGE Al6
WEStm t;ightin9 Standards
24"
NOTE;
DIAMETER FOR ALL ARMS
SHOWN IS 1 ~ CIA. AL-UM.
CAST ALUM.
COLLAR.
REQUIRES A4" rd. x3"
POLE TENON
DUE TO CONTINUING
PRODUCT IMPROVEMENT.
WESTERN LIGHTING STAN-
DARDS RESERVES THE RIGHT
TO CHANGE DESIGNS AND
CONSTRUCTlONFROM THAT
SHOWN IN THIS BROCHURE.
.....
.1 -2 -y
t-e
BOLTS DIRECn.. y
ON TO POLE.
REQUIRES A4 rd. x3"
POLE TENON
SERIES: AGNII
B
NOTE:
ALL LUMINAIRES ARE SHOWN FOR ILLUSTRATIVE
PURPOSES ONLY. SEE FIXTURE SECTION FOR
AVAILABLE LUMINAIRES, SEE CATALOG PAGE
887 AND 889 FOR ADDITIONAL INFORMATION.
---=-----
l~~
e
29W'
SERIES: AGN31
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SERIES: AGN41
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5-07-1998 1 58Pt1
FROt1 HARe WIENER. AlA 15617505298
lUtstrm Gigbting Standards
785 PAGE FIO
e
FIXTURES ON THIS PAGE PENDANT MOUNT ONLY
12"
32"
CLEAR
STIPPLED
ACRYL.IC
CAT..~XTR122
HT. 31" W15"
MAX. WATT 175
FITS ni. PIPE THREAD
e
GLASS
JAR.
CAT. .FXH422
HT.l1" W.20"
~WATT 100 .
MfG. REQ'O "'.. COUPliNG
a
CAT. _FXG322
HY.le"' w.20"
~ WATT 175 .
MTG.lIl~'O ~H COUPLING
~
13"
CAST ALUMINUM
GLOBE HOLDERS.
29"
OPAL POLY.
CARBONATE
GLOBE.
CAT.. FXPM22
HT. 21" VI( t 4"
MA,X. WATT 175
FITS2" PIPE THREAD
DUE TO CONTINUING PRODUCT
IMPROVEMENT weSTERN LIGHTING
STANDARDS REseRVES THE RIGHT TO
CHANGE DESIGNS AND CONSTRUCTION
FROM THAT SHOWN IN THIS BROCHURE.
k" DIA.
GLASS JAR WITH
CAGE.
CAT. .FXH322
HT.8" W.20"
MAX. WATT 100 .
MT(p. REaD 'lfo" COUPliNG
CAT. .FXF'-22
HT. t 4" W. 20"
MAX. WATT 175.
MTG. REO"D ,,"" COUPliNG
SEE W l.. S. STANDARD
CATALOG PAGES FX25 AND
8<26 FOR OPTIONS.
18"' DJA.
, 6"' OIA.
8" DIA
POL Y-
_CARBONATE
GLOBE.
12" OIA.
GLASS
GLOBE.
CAT. .FXG 222
HT.17" w.18"
MAX. WATT 17$-
MTG. FlEao ~.. COUPLING
CAT. 4JFXGt 22
liT. 11" W. te"
MAX. WATT tOO
MTG. REO'O "''' COUPl.ING
· ReMOTE BALLAST
(7141 549,,0650
18060 EUClid) P'ountain Valley, CA 92708
I=AY 111714\ IWI~R~1'
P 6
~
JRb 6378 P9 1974
SCJlEDULE toF"
$LeRal For The Western Parcel)
LEGAL DESCRIPTION
That Parcel of Land situate in Section 29, TO'Wl1ship 45 South, Rante 1.3 East, Palm
Beach County, Florida, b~ing more particularly described as follows
COlMlencing at the said southeast corner of Section 29, Township 45 South, Range 43
East, Palm Deach County, Florida, thence along the south line of said Section 29
S8so02'37"W, a distance of 1175 28 feet; thence departing said section line and
perpendicular to t:he preceding course NOl'S7'Z3"W, a distance of 124 09 feet to
the Point of Beginning From the Point of Beginning; thence 585045' 32"W, a
distance of 265 84 feet; '100024 'U"E, a distance of 191 92 feet; thence
NZOo54'n''W, a distance of. 513 92 fee-t; thence NSso2.S'13"E, a distance of 453.50
feet to the beginning of a non-tangent curve having a radius of 171.3 74 feet. from
which a radial line bears S81'lZ'02."W; thence southeasterly along the arc of said
curve. subtendlng a central angle of 07014'11", a distance of 220 23 feet; thence
SOlo33'47"E. a distance of 404 87 feet; thence S42005'5Z"W. a distance of 55.23
feet to the Point of BeginnIng
TIle above described paccel contains 5 49 acres of land more or less
RECORD VERIFIED
PALM 6EACH COUNTY FlA
JOHN B DUNKLE
CLERK CIRCUIT COURT
02 J4"
VI"..
-21-
-
---------..-
After Recording, Please Return Document to'
Bailey M. Golomb
Sutherland, Asbill & Brennan, L.L.P
999 Peachtree Street, N.E.
Atlanta, Georgia 30309
STATE OF d,r.(}f.er:r:Pr
COUNTY OF 1iL'-ON
APR-Q9-1998 1:05Pm 98-127526
ORB 10332 P9 578
..... -.... ....-
16,000.00 Doc 112.00
Grantee s Tax ill No. 65-0755314
I
Con
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED nade as of tlus 31 ~.i:day of v\1 ""J,.... ,
1998, by HOME DEPOT U.S.A., INC., a Delaware corporatIon (hereInafter referred to as the
j "Grantor"), to FAVORITE FOOD COURT INC., a Flonda corporatIon, whose address IS 5030
~ Champion Boulevard, SUIte G6418, Baco Raton, Flonda 33496 (hereInafter collectIvely
referred to as the "Grantee")
WITNESSETH.
THAT Grantor, for and In consIderatIon of the sum ofTEN DOLLARS ($10 00)
and other good and valuable consIderatIons, receIpt whereof IS hereby acknowledged, by these
presents does hereby grant, bargaIn, sell, allen, remIse, release, convey and confirm unto
Grantee, and the heIrs, successors and asSIgnS of Grantee, all those tracts or parcels of land lYIng
and situate In Palm Beach County, Flonda and beIng more partIcularly described on Exhibit A
attached hereto and made a part hereof by reference (hereInafter referred to as the "Property")
TOGETHER wIth all of the easements, tenements, heredItaments and
appurtenances thereto belongIng or In anYWise appertaInIng.
TO HAVE AND TO HOLD the same, unto Grantee, In fee SImple forever
Grantor hereby covenants with Grantee that It Will defend the tItle to the Property
agaInst the lawful chums of all persons claImIng by, through or under Grantor, but agaInst none
other; prOVided, however, that thIS conveyance IS made subject to, and there are hereby excepted
from the covenant and warranty heremabove set forth, all matters set forth on ExhibIt B attached
hereto and made a part hereof by reference.
This instrument was prepared by:
Tax Parcel Number:
James B Jordan, Esq
Sutherland, Asbill & Brennan, L.L.P
999 Peachtree Street, N.E., Suite 2300
Atlanta, Georgia 30309-3996
08-43-45- 29- 24-003-0030
H:\BMG\BMG\14585.02\DEED.FCT
ORB 10332 P9 579
IN WITNESS WHEREOF, Grantor has caused these presents to be executed m Its
name, and Its seal to be hereunto affixed, by Its proper officers thereunto duly authonzed, the day
and year fIrst above wntten.
GRANTOR.
pQ~:~uueoL
HOME DEPOT U.S.A., INC., a Delaware
::~oratio~..,."., ~
Name: ('0",21 TOWle. "-~~ fjtf
Title: \1(((> PfP"deitf7Jed~tMr~ '_ .
I..L ' '+' \.~. ' '3
~~~. - .~~.. '~
~~~~~~~(~__~jL'_
[CORPORATE.SEAtf ~"~~-""".". 5
SIgned, sealed and dehvered m the
presence of the followmg witnesses.
~~~fee
Address.
2455 Paces Ferry Road, N W., BUilding C
Atlanta, GeorgIa 30339
STATE OF ~(~iQ,
COUNTYOF~
The foregomg mstrument was ackno,~ledged(before me tlus 30 day of
N\CJv~ ,1998, by c.euollOrr-.e' VI~ K~\dtw" who IS personally known by me
~fwfto has pFQBaCM ae;:=w~
Pont Name''l3:o.tlcv-<c. Lo.~~r'-Q..l'\ue.
Notary Pubhc, County of_hJ .\.on
State of Gee< ~"\ (j.
My comnUSSlOn expIres r
NoCary Public, Fulton County, C-.eorgla
UyCOmmlssionExp".u July 11 2000
[NOTARIAL SEAL]
~
H:\BMG\BMG\ 14585.02\DEED.FCT
2
#
,
,
.
FOOD COURT STRIP
LEGAL DESCRIPTION
ORB 10332 pg 580
DOROTHY H. WILKEN, CLERK PB COUNiY, FL
A portion of Tract C, SHOPPES OF WOOLBRIGHT P C.D , accordmg to the Plat thereof as
recorded in Plat Book 65, Pages 137 and 138 of the Public Records of Palm Beach County,
Florida, more particularly described as follows.
LEGAL DESCRIPTION
A portIOn of tract "C", SHOPPES OF WOOLBRIGHT PC 0, accordmg to the plat thereof as
recorded m the Plat Book 65, Pages 137 and 138 m the Public Records of Palm Beach County,
Flonda, more particularly described as follows:
Commence at the Northwest comer of said Tract "C", thence With the Northerly boundary of
said Tract "C", N89'SO'25'/E a dIstance of 177 641 to the Northeast comer of said Tract "C",
thence With the East lme of said Tract "C", SOO"09/3)'E a distance of 116 311, thence parallel
p / ~/ '
With the Northerly boundary of said Tract "C", S89 50 25 W a distance of 17008 , thence WIth
the West lme With a curve to the left, havmg a radIUS of 1851 74/, a central angle of 03036"25/;
an arc distance of 11657: a chord beanng ofN03"52'47"W and a chord distance of 116 56'to
the POINT OF BEGINNING
Said lands Iymg and situate m the City of Boynton Beach, Palm Beach County, Flonda,
contammg 20,150 square feet or 0 46 acres, more or less.
TOGETHER WITH.
A portion of Tract D, SHOPPES OF WOOLBRIGHT P C.D , according to the Plat thereof as
recorded in Plat Book 65, Pages 137 and 138 of the Public Records of Palm Beach County,
Florida, more particularly described as follows.
BEGINNING at the Northwest corner of said Tract C, sald pomt also bemg the Southwest corner
of said Tract D and a point on the arc of a curve concave to the west (a radial line to sald pomt
bears N84019'00"E), thence northwesterly along the west boundary of said Tract D and along the
arc of said curve, having a radius of 1851 74 feet and a central angle of 00044'48", a distance of
24 13 feet to a point of intersection with a line 2400 feet north of and parallel with the North
boundary of said Tract C; thence N890S0'2S"E, along said parallel line, 180 12 feet to a point of
mtersection with the northerly extension of the east line of sald Tract C, thence SOoo09'3S"E,
along SaId northerly extension line, 24 00 feet to the northeast corner of Tract C, thence
S89050125"W, along the north boundary of said Tract C, 177 64 feet to the POINT OF
BEGINNING -
The above described property contams 0 56 acres (24,442 square feet) and IS shown as a
portIOn of Tract C and a portion of Tract D on a Boundary and Topgraphlc Survey for Home
Depot U S.A., Inc. and First Amencan Title Insurance Company prepared by AVlrom &
Assoclates,Inc (Michael d. AVlfom, ProfeSSIOnal Land Surveyor No 3268) dated Apnl 3,
1996, last reVised on Apnl 8, 1998, which plat of survey IS mcorporated herem and by
reference made a part hereof
RESERVING THEREFROM an easement to use the dnveway adjacent to the northerly
boundary of the above described property until such time as such driveway has been relocated
from the property described above to property to the north by Grantor pursuant to the terms of
that certaln Agreement Regarding Further Development dated March 31, 1998 by and between
Grantor and Howard R. Scharhn to be recorded m the Palm Beach County, Flonda real estate
records Tlus easement shall terrrunate and be of no further force nor effect at such time as such
dnveway has been relocated.
April 22, 1997
Home Depot U S.A, Inc.
2727 Paces Ferry Road
Atlanta, GA 30339
Re: Reciprocal Easement and Operation Agreement dated February 12, 1990,
recorded in Official Records Book 6378, Page 1953, in the Public Records of
Palm Beach County, Florida (the "Agreement"), Executed in Connection
with the Home Depot Store Construction at Shop pes of Woolbright at
Woolbright Road and 1-95, Boynton Beach, Florida
Gentlemen.
The captioned Agreement deals With a parcel ofland of which a portion was acquired by Home
Depot U S.A, Inc. ("Home Depot") and the balance of which was retaIned by Howard R.
Scharlin, as Trustee ("Scharlin") All capitalized terms which are not defined hereIn will have the
meanings for such terms set forth In the Agreement.
Pursuant to the Agreement the portion of Scharlin's Parcel consistIng of Parcel "E" 14.38 acres
and Parcel "c" 2.13 acres is to be developed With commercial constructIOn.
The Agreement required that Home Depot and Scharlin maIntain a parking ratio on the property
retained by each of them so that there is space for not less than 5 parking places per one thousand
square feet offIoor space (except as othefWlse proVided In the Agreement).
By your JOInder at the place prOVIded for your signature below, you agree that in connection With
the development of outparcels 1 and 2 on Parcel "C" (as shown on Schedule "C" attached hereto
and made a part hereof) respectively as a Food Court and a Discount Auto, outparcels 1 and 2
may use a maxImum of fifteen (15) parlang spaces, to the extent necessary for parking, on the
portion of the parking area on the lID Parcel lying adjacent and east of the development of those
out parcels and Identified on Schedule "C" hereto as "Outparcel ParkIng Area." In the event
Home Depot deSires at any time to relocate the Out parcel ParkIng Area, Home Depot will
deSignate an alternative Outparcel Parkmg Area. If development of outparcels 1 and 2 requires
use of the Out parcel ParkIng Area, Scharhn will provide at least an eqUIvalent number of parlang
spaces over and above those already required by the Agreement on Scharlin's Parcel In the area
Identified on Schedule "c" as "lID Parlang Area."
japO I \marIc\misclrcoa-fla
Home Depot U S.A. Inc.
Page 2
April 22, 1997
Please indicate your approval of the foregoing at the place provided for your signature below
The parties understand that to the extent required, the approval will constitute a modification of
the Agreement and the Agreement as modified is hereby reaffirmed.
c-~4
Witness /(P"n:t ...!};"~'-.""7
~~G,-~
Itness Hoy.'cA. 6 M;cJsJ..../
AGREED AND APPROVED.
By.
Name.
Title:
~~v:P
;'~vU~
Wi~~ ~~L
japO 1 \m.arlt\misclnoa-tla
Home Depot U S.A, Inc.
Page 3
April 22, 1997
STATE OF FLORIDA)
COUNTY OF DADE)
On this the, 2JtL day of J,I"I/ . 1997, before me, the undersigned notary public,
duly authorized in the State and County aforesaid to take acknowledgments, personally appeared
Howard R Scharlin, individually and as Trustee, to me personally known to be the person
described in and who executed the foregoing instrument...or and who
did take an oath, and acknowledged the execution thereof to be his free act and deed for the uses
and purposes therein expressed and the said instrument is the act and deed of said individual.
WITNESS my hand and offiCIal seal at-?t{,tJlHl, r-L-
+y. / . 1997 .
fif~.'"- 4
otary Public
Name. MnoL S4h1t~z..
this 01 ~ay of
OFF Y SEAL
KENIA SANCHEZ
NOTARY PUBUC STATE OF FLORID
COMMISSION NO. CC38n40
MY COMMISSION EXP. ULY 4.1998
My COllUlUsslon expires.
(NOTARY SEAL)
japO 1 \mark'mi.scIRoa-tla
Rome Depot U S.A, Inc.
Page 4
April 22, 1997
STATE OF GEORGIA)
COUNTY OF COBB)
On this the B day of MM . 1997, before me, the undersIgned notary
public, duly authorized in the State and County aroresaid to take acknowledgments, personally
appeared Kathryn E. Lee, Senior Corporate Counsel-Real Estate of Rome Depot U S.A, Inc., a
Delaware corporation, to me personally known to be the person described in and who executed
the foregoing instrument and who did take an oath, and acknowledged the execution thereof to be
her free act and deed for the uses and purposes therein expressed and the said instrument is the
act and deed of said corporation.
WITNESS my hand and official seal at ~lM-~ &Pr this ~ day of
~ 1997
'----r'~~-;tl /
Notary Public L/~
Name: V, oil>.. Upl-nN - CJ1erry
My Commission expires.
h~c~ Public, Cobb County. GOOl'g!a ""'\ IV\ I
"'~y CommiSsIon expires Febi'lsry 21 ~ ~
(NOTARY SEAL)
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Klldl'f & Afloclltes
Lltldaelpl ArchitOCls/Pllnners
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90-067649
RECIPROCAL EASEMENT AND OPERATION AGREEMENT
--------
Jf\B 637 B pg 1953
TB I:S RECIP,ROCAL EASEMENT AND OPERATION AGREEMENT (the "Agreement"). made as of
this -2::- day of February, 1990, between HOWARD R SCHARLIN, as Trustee, having
an off:l.ce at 1399 8 t-l First Avenue, Miami, Florida 33130 ("SCIIARLIN"), and HOME
DEPOT U.S.A.. IHC . a Delaware corporation, having an office at 2727 Paces Ferry
Road, 7th Floor, Atlanta, Georgia 30339 ('110")
Preliminary Stlltement
Scharlin is the owner in fee of cereain real property located i.n Palm Beach
County. Florida, consisting of 16 51 acres more particularly described in
Schedu1es "AU .and "A-l" annexed hereto, (collectively "Scharlin's Parcel").
Scharl:i.n intends to construct on Scharlin's Parcel, in accordance ....ith plans and
specif:l.catlons agreed upon by the parties hereto, retail and related service use
buildings and related parking and site facilities that are indicated on the site
plan attached as Schedul~ "C" (the "Site Plan), which Site Plan may be amended as
set forth herein
no is the owner in fee of certail'! real property consistine of approximately
ten (10) acres (the "HO Parcel ), located contiguous to Scharlin's Parcel. The 110
Parcel is more particularly described in Schedule "B" annexed hereto HD intends
to construct: 011 the no Parcel a building containing approximately 102,250 square
feet of ground floor area exclusivo of mezzanine, a sarden area and truck loading
docks, customer pickup and compactor facilities and related parking and site
facilities in the areas indicated on the Site Plan Scharlin s Parcel and the liD
Parcel as !DOre particularly described in the Si te Plan and as same may be enlarged
from t:l.me to time are herein collectively referred to as the "PaL"cels" or the
"Center", and each individually as a 'l'arcel
Scharlin and HD recognize that for the most favorable development of the
Center ~ it is necessary that they agree and cooperate with respect to the
operati.on and maintenance of their Parcels and chc cOJTf1lon areas and facilities to
be erected thereon as indicated in the 8i te Plan (the "Common Areas") Scharlin
and HD therefore intend herein to grane to each other certain reciprocal easements
for pedestrian and vehicular ingress and egress ond use over the common curb cuts,
roadwoays, driveways aisles retention arPoas, walkwoys and sidewalks for access
and for delivery and to grant certain rights to install and maintain utili ty
lines, drainage and site faclIitles wichin the Convnon Areas Scharlin and 110 also
intend herein to provide for certain obligations and restrictions with respect to
the operation and maintenance of their respect.ive Parcels and the COlTUl1on Areas and
facilities constructed and to be constructed thereon Such easements, obligations
and restrictions shall run to the benefit. of, and bind the respective Parcels, and
the owners from time to time of the Center ot" any portion thereof The terms lID
or Scharlin shall be deemed to refer to such parties and the respective heirs,
successors, grantees o.nd assigns of such parties as the owners of s<lid Parcels,
and any net lessee of any Parcel or part thereof who has asswned all of the
obligations of the owning party (individually the .Owner", or collectively, the
"Owners").
NOW, THEREFORE, in consideration of the mutual covenants and agreement.s
hereinafter set forth, Scharlin aod liD hereby grant, covenant and agree as follows:
ARTICLE I - GRANT OF EASEr-tENTS
Section 1.01. I!ccess Easements
(a) The Owners of the 110 Parcel and Scharlin s Parcel hereby grant and
convey ~ each to the other, for the benefi t of the HD Parcel and Scharlin s Parcel,
a non-exclusive easement and right to the use durine: the term of this Agr~ement of
the Common Areas and the cOlJ\/llon curb cuts, roadways, driveways, aisles, walkways
and sidewalks located on the 110 Parcel and the Scharlin's Parcel as indicated on
the Site Plan and located on the Parcel of the granting Owner, for purposes of
ingress, egress, passage and delivery, by vehicles and pedestrians
JI?B 6378 pg 1954
(b) The Owners of the HD Parcel and Scharl!n 8 Parcel hereby grant and
convey. each to the other, for the benef;it: of the I/D Parcel and Schnrlin's Parcel
4 noD-exclusive easement and right to the U8e during the torm of this Agreement of
the parking areas from time to time main tained on the liD Parcel and ScbarUn' s
Parcel and located on the Parcel of the granting Olmer, for purposes of vehicular
parking Notwithstanding the foreRoing easements. each Owner sb.!ll maintain on
its recpective Parcel the parking ratio required pursuant to Section 3 Ol(c)
he reof
(c) The easeme'lts granted hereby and granted in Section 1 02 5hall be for the
benefit of, but not restricted solely 1.0. the Owners or the HD Parcel and
Schadin's Parcel (except as otherwiso specified in Section 1 02(b)) and each such
Owner may grant the benefit of such e~sement to the tenants and other occupant.s of
the lID Parcel and Scharlin' s Parcel (except 8S otherwise specified 1n Section
1 02(b)) for the duration of such occupancy, and to the customers, employees,
agents and business invitees thereof; bu.t same Is not intcnded nor shall it be
construed as creating any rights in or for the benefit of the gencral public nor
shall it affect any real property outside of the Center Such easement areas are
reserved for said use for the term of th:is Agreement
Section 1.02. Utility Easements~ The Owners of the liD Parcel and Scharlin's
Parcel hereby grant and convey. each to t.he other, for the benefit of the liD
Parcel and Scharl in's Parcel an easement in, to. over, under and across the Common
Areas of the HD Parcel and Scharlln s Parcel for the purposes of installation,
operation, use, maintenance, repair. replacements. removal and relocation of
underground storm drainngp. and se....er lines, other portions of the storm water
drainage system including the drainage l.ake and Pl'e-treatment pond. sanitary sewer
pipes, lift stations and related apparatus, septic syst.ems, water and gas lIIains.
electric power lines, telephone lines, and other underground utility lines
(colll.lctiveiy the "Utility Lines) to serve the facilities lo~ated on the flD
Parcel and Scharlin s Parcel The installation or relocation of any Uci licy Lilies
shall be subject, 85 to location, to the approval of the Owner who utilizes or is
served by the Utility Lines (the grant.ing OlmerU). which BPPl:"oval shall not be
unreasonably wi thheld or delayed
The 0wners of the liD Parcel and Scharlin s Parcel 01:" any designee served by
such Utility Lines may operate. maintain. repair and reloc03te such Utility Lines,
pt'ovided such repair and m<l.intenance is performed expeditiously and only after
five (5) business day:;' written notice to the granting Owner Before an Owner can
repair or relocate a Ut.il i.ty Line in any parking .U'C3 on the Ccnter. said Owner
must provide .....ri tten notice to t.he Owner oC any Parcel with an appurtenant
easement over said parking area pursuant t.o Section 1 01 (~) The party performing
the repair or relocation shall. at its cost and expense. repnir any damage to nny
improvements and restore the area to the condi t.lon as existed prior to sucb repair
or relocation work Each Owner s'1al1 indemnify, save, defend and hold the
granting Owner and any occupant of the granting Owner s Parcel harndess from any
claims. damage or loss which may resul t f rom the act.ivities io Rlakiog such
maintnenance or repairs or relocating its facilities. including without limitation
claims. damages. and loss resul ting from an intet'ference with the use of the
granting O,,mer s Parcel
Section 1.03 Temporary Construction Ensement In connection with any
construction .....ork to be performed in the development of the Center. each Owner
hereby grants the other Owner temporary easements for incident.al encraachl'lCnts
upon the party's Parcel which may occur as a result of construction. so long as
such encroachments are kept within the reasonable requirements of construction
worle expeditiously pursued and so long as customary insurance is maintained
pt'otecting the other party from the risks involved
Section 1.04 fY-lon Si~n Easement. The parties hereby agree that ND shall
construct two (2) pylon sign structures in the areas indicated on the Site Plan.
which shall be the only pylons in the Center Such pylons shall be (i) i..n
conformance with the City of Boynton Beach s Code unless HD obtains a variation of
the aforp.said City Code at the parties' mutual cost and expense. and (ii) designed
substantially as set forth in the sign e)chibit ar.nexed hereto as Schedule 'D".
One pylon &ha11 be located in the south~ast corner of the HD Parcel as designated
on the Site Plan ("Sign A ) and shall contain the .Shoppes of Woolbright. Place"
sign and HD's sign as set forth on Schedul"3 '0" The second pylon shall be
located in the southwest corner of the HD Parcel as deaignated on the Site Plan
023...
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OF 6378 pg 1955
("Sign B") and shall contain the "Shoppes of l.Joolbrlght Place" sign. the liD sign
and no more than two (2) other tenant signs desig~ated by Scharlin, boy;h of which
shall be i.n positions junior to the HD sIgn as set forth on Schedule "n" The HD
sign sball have dimensions not less than ten (10) feet by ten (10) feet in size or
such smaller dimensions as may be required by thehafol-esaid Code unless a variance
of same is obtained, and shall not utilize less t, an sixty (60~) perce~t of the
signage area on each pylon The other two (2) t1?nant signs on Sign "P" shall use
their standardized logo and colors, if any, other~ise the design, color and size
of such other signs shall be subject to the approval of Hn and such other signs
shall be maintained in good repair at the sole expense of Scharl in Schar1 in
shall reimburse HD for its proportionate share of the costs of construf=ting.
lighting, maintaining and repairing both pylons based on the ratio of the area of
all signs on the pylon excluding 110 s sign over the total area of all signs on the
pylon. DO may make changes to and/or replace suc~ pylon structures and/or its HD
signs, so long as all necessary governmental approvals are obtained th~refoT
Scharlin. as the owner of the Scharlin Parcel exclusive of the Outparcel, shall
havp. reasonable access to HO's Parcel for purposes of erecting, maintaining.
repairing and/or replacing its signs 011 the sign pylons
Section 1.05 Restrictions The easements granted by this Article I shall be
subject to tha covenants and restrictions set forth in Article I I I
~LE II - l'1AINTENANCE AND OPERATION
Section 2.01
Maintenance and Repair
(a) Each Owner ghall maintain, repair ann replace all improved portions of
the Corronon Areas located on its respective Parcel, so as to keep such areas at all
times in a safe, sightly, good and functional condition to standards of comparable
comnunity shopping centers in the Jll.:lrket area
(b) Each Owner shall be responsible for keeping the COlMlon Areas on 1. t8 own
Parcel clean and free from refuse and rubbish Any landscaped breas on the
respective Common Areas shall be mowed and otherwise tended to by the Owne r
thereof
(c) Each Owner shall repave, re-stripe and replace markings on the surface of
the parking areas and driveways in its Parcel from time to time as and when
necessary so as to provide for the o:-derly parking of automobiles and ..hal1 place
and maintain adequate exit and entrance and other traffic cortrol signs to direct
traffic in and out of said parking areas Any striping and other markings shall
be consistent with the Site Plan, and the li;;hting. paving and striping materials
shall be consistent with that used in lhe Center, as mutualLy agreed upon by th~
Owners of the HD Parcel and Scharlin Parcel (exclusive of the Outparcels).
(d) Each O"'"l1er shall service maintain, repair and replace, and pay the cost
of any fees or charges in connection with the ltllity Lines located on its Parcel
to the extent that such Utility Lines service the improvements on that Parcel or
service the Center, including without limitation the CODUnon Areas, as a whole if
such services are not prov~de.! by the applicable utility company To the extent
that any Utility Line exclusivel) soervi!:ing any Parcel crosses another Owner's
Parcel. such Utility Line shall be so maintained by the party served by the
Utility Line, subject to the provisions of Section 1 02 Maintenance of any
portion of any Utility Lines serving more than one Parcel shall be performed by
the Owner of the Parcel crossed by the Utility Line, but the cost thereof shall be
shared on an equitable basIs based upon the relative consumption or usage of the
utility furnished from such Utility Line
(e) Each Owner shall payor will caUf.C to be paid by an occupant, prior to
any penalty attaching thereto. all real estate taxes, assessments and pers anal
property taxes, if any, imposed upon the land and improvements and equipment
located on its respective Parcel. ;.ncluding, without limitation. the impac t fees,
if any, separately assessed and not part of the development or "Off-Site-
Improvement WClrk" under that development agreement of even date here\dth between
the parties recorded simultaneously with this Agreement (the "Development
Agreement )
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0234k
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~
ORa 6378 pg 1. 956
(f) Each OVner shall .:ause the COlll/1lon Areas and all buildings and
improvements located on its Pat"cel to comply with all applicable requirellents of
low and govornmental regulation applicable thereto. provided bowcvct". that an
Owner may contest any such law ot" regulation so long as such contest '''ould not:
create any matet"ial danget" of a loss of title to. Ot" impairment in any 'Way of the
use of all or any portion of the Common Areas fot. thei r' intended purposes
Section 2.0Z.
Operation and Li~ht ing
(a) Except on holidays during which the Center is closed. each Owner shall
keop the roadways and parking areas of its respective Parcel open t.o the customers
of t.he Center seven (7) days a week at all times and lighted after dusk until
11 00 p.. on Monday through Saturday and from dusk until 7 00 p m on Sunday
("Normal Lighting Hours'.) The Owner of either the HD Parcel or Scharlin's Parcel
(but not the Owner of any Outparcel) may require the 1 ights on any other Pal-cel to
be kept lighted after Normal Lighting Hours if such O>o'11er reilllburses the requested
Owner for the additional electrical costs incurred thereby. which cost shall be
shared on a pro-rata square footage basis with any Owner or occupant of cithe~-
Parcel wblch reJlslns open during such additional hours
(b) Any facilities and fixtures to be used in the lighting of the roadways or
parking areas of the Center shall be mutually compatible with the overall design
of t.he Center as agreed upon by the Owners and shall be constructed in accordance
with plans and .pecifications mutually agreed upon by the Owners of th~ HD Parcel
and Sch:ulin's Parcel (exclusive or the Outparcels) The Center's lighting
facIlities and f.i.xt.ures shall be designed and installed with separate meters to
measure the c.lectrlcity consuJlled on the respective Parcels The meters and
lighting control switches for the exterior parking and roadway lighting for each
Parcel 811a11 be 1ocalp.d in an exlcrior. accessible location on each Parcel and
each Owner of either the HO Parcel or Scharlin's Parcel (exclusive of the
Outparcels) and a.ny occupent occupying more thsn 30.000 square feet of Building
Floor Area as hereinaft~r defined shall be provided with keys to such contt'ols
Section 2.03 Dele~ation of Mansl'!;en:!ent:. The Owners may enler into an
agreement. with the consent of the Owners of all Parcels affected thel-eby,
appointing one of the Owners or a ~hit-d party to perform al] or portions of the
maintenance a'ld repair of the Common Areas and related faci Ilties of the CenLer
and t.hat 5 49 acre tract of additional land owned by Scharlin located on the
to/estern side of S W 8th Street, more particularly described in Schedul!L..1:.'~
attached hereto and by this reference made a part hereof (the .Western Parcel )
In such event each o..'Oer shall be responsible ~o pay its respective Shat"e (as
hereinafter defined) of tbe costs incurred by the design.Jted party in performing
such services. which costs shall include the ordinary operating and Iilainlenance
expenditures incurred as well as capital expenditures to the extent so authorized.
provided however to that any expenditure in whi ch another OWllel" IllUSt share fOl- a
repair or replacement of the designated party costing five Thousand and No/lOO
Dollars ($5,000 00) or more shall require the prior ap[>l'Oval o[ each such Owne r
As used herein the term 'Share shall mean a fraction. the nURlel"ator of which
shall be the nUllber of square feet of floor area (exclusive of mezzanines used for
storage and related off ice and non-sales uses) in all structures located on such
Owner a Parcel as measured from the exterior base of any exterior wall and to the
center line of any party wall ('Building Floor Area"). and the denominator of
which ahall b<;! equal to the aggregate of the Building Floor Area (as so lIl<!<1sured)
in all buildings in the Center plus the Building Floor Area on the Western
Parcel
ARTICLE I II - COVENANTS A."JD RESTRICTIONS
Section 3.01. Restrictions on Common Areas The Center shall be subject to
the Iol10wing res lrictions which shall bE: -binding on each O"'"Tler and each of its
tenants, occupants, employees, agents or invitees
(a) No obstruction to the free rloW' 01 traffic and use of the parking
and delivery facilities shall be pernltted. except to the extent, if any.
indiCdted on the Site Plan or herein expressly provided for
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JRo 637 B 1'9 1957
(b) No building or other structure of any kind shall be permitted i,n
portions of the Center except in the Building Areas designated on the Site
Plan. nor shall any building or etruc lure in the Building Areas exceed the
"Maximum Building Floor Areas" or the "l'laximwn Height" (including parapet
walls or any other projections of any kind) indicated thereon No roof-top
signs shall be erected or permitted on the Centez; The parties agree that the
building configurations of the Site Plan attacheq hereto may be revised by HO
or Scharlin upon the prior written consent and approval which approval will
not be unreasonably wi thhe Id or delayed by the other party provided
that the MaximUIII Building Floor Areas and the Maximum Reights set forth on the
Site P1an shall not be changed. such revisions shall be at the sole cost and
expense of the party revising the Site Plan. and same shall not effect the
approvi.ng pal"t)' 8 use and operation of its Pal"cel nor the parking ratio of the
Center as set forth herein
(c) No building or other structure shall be permi tted within the Center
if such building or other structure would reduce the parking ratio within the
Center.. or any Parcel, to fawer than five (5) parking spaces for every 1.000
square feet of floor space (excluding (i) mezzanine level space used only for
storage and related off ice and non-sa 1 es uses pr~vidcd that same are
incidentally related to a retail use and (ii) the garden center on the liD
Parcel which shall bave a minimum parking ratio of one (1) pal"king space for
every 5 .000 square feet of floor space eY.clus ive of non-sales areas) located
thereon. or to below the number of parking spaces requi red unc!cr app1 icable
governmental rules. regulations and ordinances
(d) Any construction shall be conducted in a manner which will limit to
the maximum extent practicable ilny interference wi th the operation of the
balance of the ecnler
(e) t\o porlion of the ecnler Slla 11 be used for a bu~i ness or
creates strong. unusual 01' offcnsiv~ odors, fwncs. dust or vapors;
oc private nuisance; emits noise or sounds which are objeclionable
intermi ttance. beat. frequency shri 11 ness or loudness; or creates
fire. explosive... other hazards
use which
is a public
due to
unusual
(f) No portion of the Center may be leased, used or occupied as a heal th
spa or exercise facility; theatre; movie theal"\""e; bowling alley; billiard
parlor; funeral parlor; flea market; ind'.1strial manufacturing; automobile
dealership (cxccpL a dealership which stores, di~plays, sells and operates
entirely from the interior of its bui lding provided 110 s prior approval of its
plans and specifications is obtained); discot.heque; skating rink; bar (other
tban incidental to a business opcraled primarily as a restaurant). a
restaurant or bar/restaurant marketing a style of operations substantialiy
similar to thoses bar/re!:laurants operating under the name of nTGI Fridays.
Chilli s", or 'Dennigans. adult bookstore or establishment sellin8. showing.
exbibi t illg or distdbuti ng pornograph ic or ob"cene malerial s; massage parlor;
a facility which sells illegal drug psraphernali4 commonly referred to as a
.so-called 'head shop"; unsupervised amusement arcade or game room; body and
fender shop; car wash (except as incidental to a gasoline filling-station);
off-track betting parlor; or restaurant or fast food operation incorporating
coin-operating amusements or showing movies to its customers thereof other
than as an incidental or immaterial part of its business Not.withstanding the
foregoing contaIned in this Section 3. Ol(f) that fifty thousand (50,000)
square foot space on Scharlin 5 Parcel designated on the Site Plan as Anchor
Store 1 lIlay be used as a health spa or a exercise facility or an indoor movie
theatre provided that all other obligations or provisions of t.hif; Agreement.
are compl ied with
(g) No portion of the Center outside of the 110 Parcel may be used for
(i) general offices aggregating in excess of 1.500 square feet (exclusive of
the off ice 6pac~ used COl" the management of tt>e Center which space sh~ll not
exceed 1.000 SQU81"C feet in size); (ii) a restaurant in excess of 4.300 square
feet; or (iii) a hOllle improvement center or for the sale of lwnber. hardware
items. plumbing supplies, electrical !Supplies, paint. wallpaper. carpeting.
floor coverings. cabinets siding. cei.ling fans. gardening supplies. nursery
products. furniture and pool supplies and other related items customarily
carried by a home improvement center excep~ for the incidental sale of such
items so long 88 the 110 Parcel is used for a home improvement center No
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o;z )41<
Fln..
01-.... 6378?'J 1. 958
rcstaurant ~hall be permitted to operate on Scharlin's Parcel within 300 feet
of the main entrllnce of the building to be erected on the llD Parcel.
Notwithstanding the foregoing, the uoe of less than 2.000 squllre ~eet for the
lisle of paint, wallpaper or ceiling fans in the aggregate shall not be deemed
to constl tute 8 violation hereof The perties shall be respons ible for any
special permits to be required by ordinance, law, rules OL. regu1ation of any
governmental entity for ccrt.a.in uses of its Parcel, such as the storage or
lumber. garden suppl ies, paint, etc.
(h) There shall be no promotion. entertainment, amusement or other
activities in the Common Areas, including the si.Jcwalks immediately adjacent
to t.he premises occupied by such merchants, \/hich would interfere with the use
of the Common Areas and relat.ed facilities for their intended purposes
Notwithst.anding the foregoins, HD may utilize the portions of the CORVl1on Areas
designated by HD in the future in areas on the liD Parcel and on the Si te Plan
which do not Il\8terially alter the parking requi rements set forth in this
Agreement. for purposes of Christmas tree sales and other seasona I sales
(i) The architectural improvements (including building and other
improvements, utility lines. driveways. signs, parking areas, lights,
curb-cuts, access ways, landscapi ng. and site preparat ion and s;:l te development
work) erected or performed on Scharlin s Parcel from time to time shall be
perforDled in accordance with detailed plans and speCifications therefor ....hich
shall be submitted to HD or its successors or assigns as the title holder of
tho 110 Parcel prior to the conmencement. of any ....ork on Scharlin' s Parcel
(j) In the event HD 00 longer uses the 110 Parcel for a home improvement
center. HO shall recognize any exclusive granted by Scharlin to a user of more
than 16.000 square feet of space provided that (i) such user is in operations
in said space for that permitted exclusive, and (ii) t.he pernlitt:.ed exclusive
will not prevent the use of the HD Parcel for general merchiluisLng purposes
Section 3.02 Outlot ('arcel Restrictions The parties llckno-.lcdse and agree
that three (3) certain outlot parcels exist upon Schl\rlin s Parcel (collectively
the 'Outparcels individually referred to as Outparcels as indicated on the Si te
Plan) which are more particularly described in Schedule ~.::.L annexed hereto, and
located respectively as designated on the Site Plan In addition to the tenDS Clnd
conditions of this Agreement which rela te to the Outparcel s as part. of the Center.
the development of the Outparcels shall be subjecl to the following restrictions
(8) The Owner(s) of the Outpat"cels covenant and agree to sub/lIit to liD
for approval complete plans and specficatlons for the iJlIprovemen ts to be
constructed on said Outparcel (s} which approval Mist be obtained priOI" to the
commencement of any construction upon the subject Outparcp.I lsnd will not be
unreasonably withheld by HD provided that (1) the improvements and landscaping
shall not obstruct access to, parking 011. nor deviate from the Maximum
Building Floor Areas and Mnxlmum Height set (ol.th on the Site Plan, being that
no building constructed upon any Outparcel shall exceed one (l) story or
twenty-five (25) feet in height nor more than 5.000 square feet in size, (i i)
the building and other improvements including Utility Lines, driveways. signs,
curbing, parking area.s, lights, access .....ays. landscaping and si te preparation
and site development work erected or perforn'cd on the Outparcel shall be
performed in accordance with the approved plan!. and specifications, (iii) the
Owner of the Outparcel shall provide evidence of its intention to indemnify,
defend. hold and save the other Owners, and their agents. servants, employees.
officers and directors harmless from any and all loss, damages, liability,
costs or expenses arisir.g or alleged to have arisen out of any intentionally
torlious or negligent act or omission of the Owner of the Outparcel, its
agents, contractors, subcontractors. servants, employees, licenses or invitees
in connection with any construction work to be performed by or a t the
direction of the Owner of the Outparcel; (iv) the construction and
improvements all the Outparcel shall be performed in accordance w:ith its
construction schedule ....hich shall be an element of the plans and
specifications, (v) the balance of the Outparcel shall be paved. striped,
lighte;i and landscaped in a manner subject to HD's prior written approval,
which al~proval shall not be unreasonably withheld, (vi) the designated parkillg
for the (,~'tparcels are self-support ing In addition, no building shall be
constructed on the Outparcel outside the building area designated 011 the Site
Planl
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F. na I
0i\e. 6378 PC) 1 959
(b) No pylon signs shall be erected or permitted on the Outparcels
however the Owner l:Iay submit plans to 110 for its approval which approval HD
can withhold in its 501e and absolute discretion;
(c) 7he on-site parking on the Outparcels shall provide for the minimum
amount required by law (without variance)
(d) Acce~s to the Outparcels shall be by two (2) curb cuts as designated
on the Site Plan
(e) Among other uses permitted by this Agreement, the Out parcels may be
used for no more that two (2) restaurants. provided however in IlO event shall
such restaurants be the type of restaurant or bar/restaurant restricted by
Section 3 01(0
Section 3.03. Development of Scharlin s Parcel The parties agree that they
intend to develop the HD Parcel and Scharlin s Parcel for shopping center and
related uses with conmon roadways and parking areas as indicated on the Site Plan
and other site facilities While the plans and specifications for the development
of Schllrlin's Parcel have not been finalized and approved by the parties as of the
date of this Agreement. the parties intend herein to provide for the design and
construction of the site i.nprovements including without limitation roadways,
parking areas, COlJUnon utilities and other common site improvements Scharlin
shall construct. and develope Scharlin s Parcel as part of the Center in accordance
with all the terms and provisions of this Agreement and the plans and
specifications set forth in Schedule E annexed hereto and made a part hereof
(the .Site Improvements ), and in a good and workmanlike manner reasonably
_ designed to minlm'ze any interference wit.h the liD Pal'cel Any II10di fications,
revisions 01. additions to Schedule "E", including without limitation the grading,
lighting, landscaping and util it.y plans and construction schedule sh.:'lll require
the prior written approval of HD All such work called for in the approved plans
and specifications shall be done at Scharlin s sole cost and expe,se in accordance
with all requirements of law, including all rules, regulations, ordinances,
statutes and guide I Ines promuga ted by any appl icable goverlllnental 0 r
quasi-governmental authorities, agencies or organizat.ions Schad1.n will apply
for' and obtai!', at its own expense, any and all necessary governmental approvals
for the on and off-site improvement wOl-k to Scharlin s Parcel including without
limitation the building permit for any of its improvements The des ign of t.he
site work on Schadin s Parcel shall be compatible in all funct.ional elements and
generally consistent in quality of 'Workmanship and appearance with the rest. of the
Center Scharlin shall indemnify. defend, hold and save liD and its agents,
servants, employees, officers and directors harmless from any and all loss.
damages, liability, costs or expenses arising or alleged to have arisen out. of any
intentionally tortious or negligent act or omission of Scharlin, his agents,
contractors. subcontractors, servants, employees, licensees or invitees in
connection with any construction work to be performed by or at the direct ion of
Scharl in
ARTICI.E IV - LIABILITY INDEt-lNIFICATlON
Section 4.01 Liability; Indemnification Each Owner shall indemnify and
hold every other Owner tenant. and occupant of the Center harmless (except for
loss or damage resalting froUl the tortious acts of such other parties) from and
against any damages. liability actions, claims. and expenses (including atlorneys'
fees in a reasonable aJllount) in connection with the loss of life. personal injury
and/or damage to property arising from or out of any occurrence in or upon such
Owner B Parcel, or occ4sioop.d wholly or 1.n part by any act or omiss ion of said
Owner. its tenants, agents. contractors, employees, or licensees
Section 4.02 Liability Insurance Each Owner shall maintain or cause to be
maintained commercial public liability insurance insuring against claims on
account of loss of life, bodily injury or property damage that may arise frolll, or
be occasioned ~ ths conditiun. use or occupancy of the COlMlon Areas in the Center
by the Owner anll its tenonts, agents, contractors. employees, licensees. customers
Bnd lnvitees, of such Owner or the occupants of its Parcels except as herein
provided Said insurance shall be carried by a reputable insurance company or
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FID.'
ORB 6378 pg 1960
companies qualified to do business in the State of Florida and having limits for
1080 of life or bodily injury in the amounts of aot less than One Million and
No/IOO Dollars ($1.000,000> single limit coverage for each occurrence and One
Million and No/lOO Dollars ($I,OOO.OOO 00) f?r property damage for each
occurrence. or such greater a~unts 88 are typically carried for similar
developments in the Palm Beach County, Flori~a area Each Owner shall be nallled as
sn additional insured on each otheL" Owners policy Notwithstanding the foregoing,
any Owner or party responsible to maintain s~ch insurance may "self insuro", or
provide for a deductible from said coverage related to the Parcel. to the extent
of oae percent (lX) of the ne~ worth of said Owner or party in its la,;t annual or
fiscal year as certified by an independent certified publ ic accountant and
computed in accordance with generally accept~d accounting principles consistently
applied Such insurance .nay be carried under a "blanket policy or policies
covering other properties of the party and its subsidiaries, control I ing or
affiliated corporations Each Owner shall. upon written request from the other
Owner, furnish to the party lD~king such requ~st certif iestes of insurance
evidencing the existence of the insurance required to be carried pursuant to this
Section or evidence of a self-insurance capacity as hereinabove provided, 8S the
case may be Each Ownel' hereby waives any rights of reecvery against any other
Owner. its directors, off i cers, employees, agent.s and tenants and occupants for
any damage or consequential loss covered by said policies, against which such
Owner is protected by insurance, to. the exte~t of the proceeds payable under such
pol iciest whethar or not such damage or loss shall have been caused by any acts or
omissions of the other Owner or its directors, officers, employees, agtnts,
tenants or occupants
ARTICLE V - CASUALTY_AND EmNEN] _~O~tJ\J~
Section 5.01
Casualty
(a) If any of the bui ldings loct,ted on any Parcel is damaged or destroyed by
fire or ot.her cause, the Owner of such build~ng shall promptly cause either (i)
the repair, restorations, or rebuilding of the building so damaged or destroyed.
or (ii) the rQzing of any dalllaged building, the filling of any excavation, and
performance of any other work necess:lry to p'.1l such portion of the Center in a
clean, sightly and sarr. condition
(b) In the event any COlmlOn Area improvements arc damaged or destr<>yed, the
Owner of the Parcel to which such dalllage has oCCUlTed shall promptly cause the
repair. restoration or rebuilding of the COffi!1lon ,'rea improvements to the extp.nt
necessary to restore the area outlined on the Site Plan to its previoulily improved
condition and restore such other areas to the extenr neccSisnry to avoid
interforence ""i th the rem a ining Comnlon Areas of the Cent.er and to adhere to any
required parking ratios required by law and ..s set forlh herein
SecUon 5.02 Casual ty Insur~1!~~ In order to assure perfol'mance of their
respective obligations under Section 5 01, tbe Owners of the respective l'arccls
shall cause to be carried fire and ext.ended coverage insurance on all buildings
and improvement.s on their respective Parcels in the amount of the replacement cost
of such improvements, and in amounts at least sufficient to avoid the effect of
any co-insurance provisions of such policIes, except if the Owner of said Parcel.
or party responsible for any required restorations, is permitted to self insure,
as hereinafter set forth Said insurance shall be carried by a reputable
insurance company or companies qualified to do business in the State of Florida.
Such insurance may be carried under a 'blanket" policy or policies covering other
properties of the party and its subsidiaries, controlling or affiliated
corporations All such insurance Ghall include provisions denying to the insurer
subrogation rights against the other parties to the extent such rights have been
waived by the insured prior to the occurrence of damage or loss Each Owner
shall, upon written request from the other Owner, furnish to the party making such
request certificates of insurance evidencing the existence of the insurance
required to be carried pursua;1t to this Section or evidence of a self-insurance
capacity as hereinabove provided, as the case may be Each Owner hereby ,..alves
any rights of recovery against any other Owner, its directors. officers,
employees, agents and tenan ts and occupants for any damage or consequential loss
o 2S4k
"'nOI
-8-
ORB 637.8?'3 1961.
covered by said policies. against which such Owner is protect~d oy insurance, to
the extent of t:he proceeds payable under such policies. whether or not such damage
or 10s8 shall have been caused by any acots or omissions of the other Owner or its
directors, ofCicers, employees. agents, tenants or occupants The Owner
responsible to maintain such insurance may "self-insure " or provide for a
deductible from such insurance from said coverage related to the Parcel, to the
extent of one (1'X.) of the net worth of said Owner or party in its last annual or
fiscal year as certified by an independent certified public accountant and
computed in accordance wi tll. gene rally accepted account 1. ng pri nciple conais tent ly
applied
Section 5.03. Eminent Domain In the event the whole or any part of the
Center shall be taken by right of eminent domain or any similar authority of law
(a "Taking")9 the entire award Cor the value of the land and improvements so taken
sball belong to the Owner of the property so taken or to such Owner's mortgagees
or tenants, as their interest may appear, and no other Owner shall have a right to
claim any portion of such award by virtue of any interest created by this
Agreement Any Owner of a Parcel which is not the subject of a taking may,
however, file a collateral claim with the condemning authority over and above the
value of the land being so taken to the extent of any damage suffered by such
Owner resulting from the severance of the land or improvements so taken if such
claim shall not operate to reduce the award allocable to the Parcel taken In the
event of a partial Taking, the Owner of the portion of the Centcr so taken shall
restore the improvements located on the CORUllon Areas of the Ownp.r s Parcel as
nearly as possible to the condition existing pr.L\lr to t.he Taking without
contribution from any other Owner and any portion of any condemnaliOil award
necessary therefor shall be held in trust and appl ied for s\1ch purpose, provided
however that in the event such {:roceeds O1re taken bv a mortgage to reduce the
mortgage debt under such Parcel such funds shall not be held in trust for suet-
purposes but the Parcel Owner shall remain liable for and obligate to sucl:
res torallons_
ARTICLE VI - REM~p~~~
Section 6.01
Sel f Hel I?:-1~ien Ri~hts Disputes
(a) [f any Owner shall default in the performance of an obligation of such
Owner (such Owner being herein called n 'Oefaul ting Owner"), which defaul t af fects
the Owner of another Parcel (other than the separatc Ow-ner of the Outparcel) (an
"Affected Part.y '), such Affected Party, in addition to all other remedics it may
have at law or in equity, after ten (10) days prior written notice to the Default
Owner and any first r-1ortgagec or SL Lessor O1S herein defined (or in the event of
an eRlergency after such notice as is practical under the circumstances), shall
have the right. to perform such obligation on behalf of the Defaulting Owner.
subject to the dispute provisions of Section 6 06 herein In such event, the
Defaulting Owncr shall promptly reimburse the Affected Party the cost thereof,
together with interest thereon from the date of outlay at a rate equal to the
lesser of (i) two percent i.n excess of the prime lending rate charged by eitibank.
N A fOl" commercial loans of its most perfcrred conunercial customcrs or (ii) the
highest rate permitted by appl icable law (the Interes t Rate")
(b) Any such claim for- reimbursement, together wi th interest thereon as
aforesaid, shall be secured by a lien on the Parcel and improvemeuts thereon owned
by the Defaulting Owner, which lien shall be effective upon the recording of a
notice thereof in the appropl'iate recording office for Palm Beach County,
Florida The lien shall be subordinate to any first mortgage or deed of trust om"
or hereafter affecting the subject Parcel (a 'First Mortgage") ~nd to the interest
of any party who has purchased the Parcel and leased it back to the preceding
Owner, or its subsidiary or affiliat~. on a net lease basis wit~ th'~ le6see
assuming all obligations thereunder in what is commonly referrei to as a sale
leaseback" transaction (a SL Lease ); and any purchaser at any foreclosure or
trustee's sale (as '''ell as any grantee by deed in lieu of foreclosure or trustee s
sale) under any such First Mortgage or assignee of such 5L Lease shall take title
subject only to liens thereafter accruing pursuant to this Section 6 01
OZ~4k
J"I no I
-9-
~R8 6378 P9 1. 962
(c) In lieu of the aforesAid rights in Section C).Ol(a) or Section 6 02
hereinbelow, jf a Defaulting Owner's default affects the Outparcel O".ner or any
occupant thereof, then the Outparcel O:..,er or any occupant thereof shall have all
remedies available in law or in equity
Section 6.02 Iniunctive and Other Remedies In the event of a breach by any
Owner of any obligation of thiR Agreement, the Owners of the HD or Scharlin s
Parcel (exclusive of the Outparcel) shall be entitled to obtain an injunction
specifically enforcing the performance of such obligation; the Owners hereby
ac1cno~ledge the inadequacy of legal remedies and the irreparable harm which would
be caused by any such breach, and/or to relief by other available legal and
equitable remedies from the consequences of such breach Any action taken or
document executed in violation of this Agreemenl ShAll be void and may be set
aside upon the peti tion of the other Owners of portions of the Center Any costs
and expenses of any such proceeding, including attorneys fees in a reasonable
amount. shall be paid by Defaultin,g O\ffler and. if recorded without effective
Dispute aa provided in Section 6 06, shall constitute a lien against the land, and
~mprovements thereon, or the interests therein, until paid
Section 6 03 !ion \o1ai~ No <Jelay or omission of any Owner in the exercise
of any right accruing upon allY defalil t of any other Owner shall impai r such right
or be construed to be a waiver thereof, and every such right may be exercised at
any time during the contln~nce of such defaul t A waiver by any Owner of a
breach of. or a default in, any of the terms and conditions of this Agrement by
any other Owner shall not be construed to be a waiver of any subsequent breach of
or default in the same or any other provision o~ this Agreem~nt Except as
otherwise specifically provided in this Agree'ucnt. (i) no remedy provided in this
Agreement shall be exclusive but each !lhall be cumulative wi th all other remedies
provided in this .\greement and (ii) all remedies at law or- in equity shall be
available
Section 6.0/, Non Terminable A~recll1e'!.t.. No breach of the provisions of this
Agreement shall entitle any Owner or pal.ty to cancel. resc ind or otherwise
tenninate this Agreement, but such l!mltation shall not affect, in any manner, any
other rights or remedies which any party may have hereunde r by ,"eason of any
breach of the provisions of this Agreement No breach of the provisions of this
Agreement shall dp.feat Or'" render invlll id the 1 icn of any mortgag~ or deed of trust.
made in good faith for value covering any part of the Cpntec", and Clny improvements
thereon
Section 6.05 Force l'1aje~_LE; In the e'\..~nt any Owner'" Or'" any other party shall
be delayed or hindered in or prevented fl.o", Lhe performance of any act required to
be performed by such party by reason of Acts of God, strikes, lockouts,
unavailability of materials, failure of power, pc"ohibitive governnt<!ntal laws Or'"
regulation!;, riots, insurrections, the act or failure to act of the other party,
adverSfl weather conditions preventing the performance of work as certified to by
an architect, war or other reason beyond such party s cont rol, then the time for
performance of such act shall be extended COL" a period equivalent to the period of
such delay Lack of adequate funds or financial inability to perform shall not be
dee~ed to be a cause beyond the control of such party
Section 6.06. Dispute In the event of any dispute as to the necessi ty of
any required action or the propriety of any action taken with respect thereto or
the appropriate cost or expense of such action which is the subject of
reillbursement. if any, or any other claims or dispute under this Agreement
("Dispute ') the disputing party ("Disputing Party ) shall notify the other party
in ~riting as to ~he nature of any such Dispute within a reasonable time sent by
any Affected Party or Owner or occupant of the Center In the event of a Dispute
against the liD or Scharlin s Parcel (exclusive of the Outparcel), any action takp.n
by the Affected Party or the owner or occupant of the Outparcel shall be subject
to the rights of the Disputing Party in all respects and no lien or notice thereof
shall become effective until the judicial determination of such Disputa o~
settlement agreed to by the partit::s Any costs and expenses of any litigation
determining such Oispute. including attorney s fees and fees of collection in a
reasonable amount, shall be paid by t'he party judicially determined to be at fault:
OL" in error Notwithstanding the foregoing, if an emergency exists or if the
failure to take acy action might subject a party to fine or prosecution for a
crilllC or constitute a default under any mortgage or deed of trust, the party whose
Parcel is so affected shall have the right, prior to adjudication of the Dispute
-10-
o z ,...
r. na'
ORt. 6378 pg 1. 963
as aforesaid. to take reasonab1e steps so as to protect: its position, the
propriety of which as well as the reilDbursement of the resulting costs shall be
adjudicated llS aforesaid to be in c.efault or error In such Dispute
ARTICLE VI I - TERM
This Agreement and the easements, rights, obligations and liabilities created
hereby sball be perpetual to the extent permitted by law
ARTICLE VI I I - EFFECT OF INSTRUMENT
Section 8.01 MOl:'tKage Su.bordination Any mortgage or deed of trust
affecting any portiori of the Center shall at all times be subject and subordinate
to the teuns of this Agreement:. except to the extent expressly otherwise provided
herein, and any party foreclos ing any such mortgage or deed of trust, or acquiring
title by deed in lieu of foree losut"e or trustee s sale shall acquire title subject
to all of thE: terms and provis ions of this Agreement, subject to Section 6 01
hereof. Each party hereto represf':nts and warrants to the other parties that there
is no presently existing IIlOrtgage or deed of trust lien on its Parcel, other t.han
"",..t;'clge or deed c..f trust liens that: are expressly subordinate to the lien of ::his
Agreement
Section 8.02 Binding Effect Every agreement, covenant, promise,
undertaking. condition, easement, right, privilege, option and restriction made.
granted or assuroed, as the case may be, by either party to this Agreement is made
by such party not only persona lly for the benefit of the other party hereto but
also as Owner of a portion of the Center and shall const! tUl:e an equitable
aervitude on the porc.ion of the Center owned by such part.y appurtenant; to and for
the benefit of the o\:her port Ions of the Center AllY transferee of any part of
the Center shall automatically be deeDed, by acceptance of the title to any
portion of the Center, to have assumed all obligations of this Agreement relating
thereto to the extent. of its i.nterest in its Parcel and to have agl-eed with the
then Owner or Owners of all ot.her portion~ of the Center to execute any and all
instrwnents and to do aoy and all t.hings reasonably requi red to carry out the
intent'Jn of this Asreement and the transferor shull upon the completion of such
t.ransfer be relie'....cd of all f4-rther liability under this Agreement except
liability with respect to mat t.ers that may have arisen during i,s perioc\ of
ownership of t.he portion of the Center so conveyed that rema in ullsat {seied
Section 8.03 Non-Dedica I:.ioo Nothing contained in this Agreement _~ha) 1 be
deen.edtllbe a gift or dedical:. ion of any portiol! of the Center to the general
public or for any pUQlic use or pur-pose whatsoever, it being the intention oc the
parties hereto and their successors and assigns alld that nothing in this
Agreement expr-essed or impl i ed, shall confer upon any pc rson. othe r than the
parties hereto and their successors and llssigns, any rights or remedies under or
by reason of this Agl-eement
Section 8.04 Responsibi 1 i ty Notwithstanding anything to the contrary
contained in this instrument, each party to this Agreement shall be liable and
responsible for the obligations, covenants. agreements and responsibilities
created by this Agreement and for any judgment rendered hereon only to the extent
of its respective interest in the land and improvements on the Scharlin s Parcel
and the HD Parcel, as the case may be
ARTICLE IX - NOTICES
Any notice, report or demand required, permitted or desired to be given under
this Agreement shall be in wrLting and shall be served, for all purposes, by
registered or certified mail. return receipt request.ed. or delIvered by courier or
expedited mail service. and shall be deemed to have been sufficiently giv~n on the
date of delivery or refusal thereof, to the. parties at the belov listed address or
such othel" address as the respective parties may from time to time designate by
like notice
If to Schar!in
Howard R Scharlin, Trustee
1399 Southwest First Avenue
Miami, Florida 30339
oaa4Jc
FI".l
-11-
-
".
. ..,
0RB 637 B pg 1964
With 4 copy to S
Th~ Trndevinds Group
Congress ~rporate Plaza
902 C1intllore Road, Suite 125
Boca Raton, Florida 33487
Attention Mr Michael Morton
With a copy to:
Leo Rose. Jr , Esquire
Therre1 Baisden Eo Meyer Weiss
1111 Lincoln Road, Sui te 500
Mi:tmi Deach, Florida 33139
If to 110
Home Depot USA , Inc
2727 Paces Ferry Road
7 th Floor
Atlanta, Georgia 30339
Attn Legal Department
With a copy to
Mark J Levick, Esquire
Altman, Kritzer Eo Levick, P C
6400 Power Fe rry Road, N tol
Sui tl! 224 - rowers Ferry Lauding
Atlanta, Georgia 30339
ART rCtE X - ~U;CELLA.'lEOUS
Section 10.01
(a) If any provision of this Agreellent, 0\' portion thereo f, or the
application thereof to any person or circWlIstances, shall. to any extc:1t be held
invalid" inoperative or unenforceable, the t"em."\inder of this Agreement, or the
application of such provision or pOI tion thet'eof to any other persons or
circumstances. shall not be affected t.hereby; it shall not. be deE:med that any such
invalid provision affects the consideration for this Agreement; and each provision
of this Agreement shall be valie; and enforceable t.o t.he fullest extent pet'mitt.e.(l
by law
(b) This Agreement. shall ba construed in accordance'with the laws oC the
State of FlorIda
(c) The Article heatlings in this Agreement. are (or convenience only, shall in
no way define or limit the scope or conlent or this Agreement. and shall not be
considered in any construction or interpretation of this Agl"eemcnt or any part
hereof
(d) Nothing in this Agreement shall bl< construed t.o make the parties hereto
partners or joint venturers or r~nder either of said part.ies I iable for Lhe debts
or obligations of the other party
(e) This Agreement shall run with the land and shall be binding upon and
inure to the benefit of the successors and assigns of the part.ies hereto.
(f) This AGreement may be amended, lIodified. or terminated at any time by a
declaration in writing, executed and adno",ledged by all the parties to the
Agreement, or their successors or assigns; t.his Agreement sha11 not be otherwise
amended, modified or termInated during the term hereof.
(g) The term .parties" as used in this Agt"eeDlent shall mean the fee simple
title holders of the Parcels It!s specifically understood and agreed that there
shall be no personal liability of,' the parties in respect to any of the covenants,
condi tions ot" provisions of tho Agreement In t.he event of a breach or defaul t by
a party of any of i.ts obligations under this Agreement. the other party shall look
solely to the equi ty of the party in its Parcel for the sat.is factIon of its
remedies.
OilJl4 k
"1 n a I
-12-
I'
cl
JRB 6378 P9 1965
Section 11.01
If. after /lD initially opens foe- business on the nD Parcel, the HD Parcel
shall become and continue for a periOd of one (1) year or morc to be unle'lsed and
unoccupied, a8 extended by the period of any delay that is due to force majeure or
othee- causes beyond the reasonable control of nD (the 'Unoccupied Dato">. then
Scharl!n shall have the option to repue-chase the UD Pal;cel for a repurchase price
equal to the appraised value of the IH) Parcel, including the nD Store, as
hereinafter determined plus any incidental costs to nD in acquiring the HD Parcel
including without limitation the cost paid by nD for the Off-Site Improvement Work
undee- the Development Agreement and all costs paid by liD pursuant to the
acquisition of the HD Parcel ("Option"). Such Option shall be exercIsable, if and
only if Scharlin delivers written notice to no within forty-five (45) days after
the Unoccupied Date exercising its Option If Scharlin fails to give such notice
wit.hin the forty-five (45) day period, then Scharlin shall be deemed to have
waived the Option and such Option shall be null and void In the event that
Scharlin exercises the Option pursuant to this Section ILL, then Scharlin shall
designate in its notice an MAl appraiser having at least five (5) years experience
in appraising real property in the Palm Beach. Florida area. no shall then
appoint al'l appraiser with such minimum credentials within fifteen (IS.) days after
receipt of Scharl in s repurchase notlce. The two appraisers shall immp.diately
appoint a third appraiser with such minimum credentials and all such appraisers
shall all prollptly attempt to agree upon the then fair market value of tho liD
Parcel In the event the the-ee (3) appraiser'S are unable to agree upon a fair
market value. then the appraisers shall independently appraise the HD Parcel and
the fair market value shall be 'the averag::: of such appraisals provided that and
appraiser that is ten percent (101.) greater or lesser than the middle appraisal
shall be disregarded for purposes of averaging Each party shall pay the fees and
expenses of its own appraiser and divide equally the fees and expenses of the
third appraiser.
Clo5!ng shall be within sixty (60) days of exercise of Scharlin's Option
provided thOlt Scharlin llIay elect to vitiate the exercise of its option witin sixty
(60) days after the determination of the fair market value If liD leases Or'
occupies the 110 Parcel prior to the cud of the forty-five (45) day period Or' sixty
(60) day period, tben the Option shall be vitiated The purchase pl.-ice shall be
paid in cash at closing UD shall convey title at closing b:l limited warranty
deed subject to the same restrictions and easements as were accepted frool Scharlin
and such other easements and restrictions as are anticipated or permitted pursuant
to this Reciprocal Easement and Operation Agreement and the Development
Agreement. matters of record or discel:nible from a visual inspection at closing.
or as Scbarlin shall have approved in writing. Real estate taxes shall be
prorated to the date of closing All documentary stalllps or taxes or transfer
taxes and record costs and title insurance premiums shall be paid by Scharlin.
(SIGNATURES ON NEXT PAGE)
-1)-
022.1<
po 1 n.1
Of, 637 a pg 1 966
IN \-11TNESS WJIEREOF. the parties hereto have caused this Agreement to be
executed as of the day and year f :irst above wrl tten
SCIIARLIN
I~~
~rl1n.
--
(SEAL)
Trus tee
~.Qv/
~~/~- 4J~~
Wi tness
STATE OF FLORIDA
COUNTY' OF DADE
nD
:~E;?~ ~
J.a'''rence A. Smi lh, Esqui re
Vice President - Legal
)
)
The foregoing instrument was
/?A day of,,.. 7... ~.. .. ~_,
,
acknowledged before me this
, 1990, by HOWARD R SCHARLIN, Trustee
.~
"-0....,-... . , I_&A
&
......;-
.,- ~--<-
,..
Notary Public
,
~ly ConunisslHnv~xpt-~st '1 ~-. ."0-\'1'"
, - J
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.J
f. .4:.-~." f~_
.. "_,'P
. " ; ..." ~:.,. ..;'.. ~
_ _ ... I ('J ....... 'I:
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. ;..~"\<;f,.-~
;." "
STATE OF GEORGIA
COUNTY' OF COBB
The foregoing instrwnent was acknowledged before me this /2~day
of F~~_ 1990, by Lawrence A Smith, Vice President - Legal of JlONE
DEPOT U.S-AJ, INC., CJ Delaware corporation, on behalf of the corporation
~nJ-
Notary P ic :"
~..
...,...
My Commission Expires:
Nl'li'l'Y f'vl.ltr.. Fulton Cnun1t. Ul'.)'S.a
My r,'<,.:n......on t"p"el> J3/\ 27 J991
:
I.:~;
';.. ~
io- ~ \
OZ34k
Final
-14-
!ml!~nY!&...:-^-:~
ORB 6378 pg 1. 967
~E!!!r!~1!rcel
"l'bat Parcel of J.and situate In Seellon 29. Township 45 South. Ilen80 4] E08 t.
Palm Deach Count.y" Florida. being /I11)l'U p.:utlcuI4r1y described 48 follows.
Commencins at tho said southeast. cornur of Sect.lon 29. TOWnship t,S Soutb.
Ronge 43 East. Palm Beach Count.y. ..'oclda, thence along the esat Uno of saId
Section 29 NOI.3/,'16"". a distance of 730.64 feet to the Point of noslnnlns.
From tho Poln. uf Ih/glnnlng; lhc".:t: .h:p.lI.t lug Bald st!cLlon line 68S"25.',I."W, a
distance of ~().IJC) f\:~l.l lInmc\: NUl"I/.'IC,hy. .i dllllullCU of 295 foeti \.hu"ce
589050'25"101. u dist..ucu of 1.61.'" ferel. Ihr:llc:e SOO"09'3S"E. a dhtllncd of
33.00 feel; lhuncu S89"50'2S"U. Of ,lIS1 11..:-.' 01 519 2) feet to the beginning of
a non-tangent curve huvlng a ru,IIIIS lit" 11I')1 71, {cuL, fl"Ona which. ra.llal 1 fne
beara 883"21'09""'1 thence lIorlllw4!IHu.ly ululIH the arc of said curvu.
subtendfng a CtHlLl'al ~Ilglc of 12" n lib". a dlslance of 1.06.02 feet to Lhe
begInning of a reverse curve havlug r....1j"8 of 1/,38 26 feet;. fro,. which a
radial line bears N10.'.7' 23"E; t.lu:tlcu uocthwustel-Iy along t:he arc of said
curve, subtcuding a cent.ral angle of 05"57'0/.". a distallce of 14939 foet to a
non-tangent line; thence N37.35'20"E. a distance of 46.53 feetllhence
NOBC>26.13"E. a dlstanco of 1125.31 feet; thence 501034.16"E. a dlstanco of
571.91 feet to the Point of BeglulIlng
The above described parcel eontalns II. 38 acres of land more or 1es8.
RECORDBB'8 MEMO: Legibility
of Writing. 'J'ypiDg or PrindnB-
unostiefectory In this document
when recoived.
oaa...
-15-
-.
~~
J \
ORB 637 B ?9 1. 968
.
~!:!!~nUI.E "A-I"
Sc!!orlj!!~.L.!'!!~~1 Contfnuel!
(T~!L 0.. ~ I~a rc~ 1 0 )
That Parcel of I.and situate I.. Suc:Llnn 29. TO'fflshlp 45 Sout.h. Rant.e 43 East.
Palm Beach County" Florida. beIng lh)rtt particularly described AD tolI0\o#8'
COllllllcnclng at the said BonU....Ua CUI'II.:r of SectIon 2':. Township 45 South.
Ranse 43 Hadt.. Palm Beach County, "'Ind"",,; thence along the: Bouth line at said
Section 29 580002' 37"W. a clh.t..u..:u lit' 669 67 feel; thence deport.Ing Bald
section 11..", LInd lle:r,tUlIllI,:uf.cr tu Ihe I.rdcudlllg courllO NOloS7'23"W. as distance
of 1I.S. J2 fuul to tho.: I'u'"t uf Jlul:IJllIllIg. 1-1"0111 thu Point. of Beginning; thence
871*30.21"ll. II dltituncu ur Co& ')l Icd; lhullce SR50I,S'32"W. u dl!ltilllCd of 57,13
feetl thence N'.l.~/. 'OU''W. u .11:;&.11"'01 uf 57 88 fe:ut; thence: NOI.33'/.7"W. 8
dlstance of 395 811 f.:uL lu ll..: lccgllllll1l8 of a curvu hav'HS a radius of 1851.7/.
f~et from which a radial IInu "Ulin. ~8tl026'13"W; thence northwesterly along
tho arc of said curvo. sublcndtng a cent.".lil sn810 of 04007'12.". a dlotance of
133.15 feet Lo A non-tangent Ilno; thence N89"SO'2S"E. a distance of 177.64
feetl thenco SOoo09t3S"E. a dlst.anco of 550.35 feet to the Point of BeglnnlDg.
The obove described parcel cont.alns 2 13 acres of land more or loss.
RECORDER'S MEMO: Legibility
at WritlDB. TypinB or Printing
uneotisfado.-y in tbilt document
"",hen received.
".
a.~
"f
-16-
0..4..
ORB 6378 pg 1. 969
SCIIEDULE "n"
The HD Parce 1
That Parcel of Land situate In Secti,:>n 29. Township 45 South. Range 4] East, Palm
Beach County. Florlda. being more particularly described as follows:
Colmlenci.ng at the Southeast corner of said S,'ction 29. thence along the East line
of said Section 29 North 01034'16" West. a distance of 189.66 feet; thence
departing said East Ilne and perpendicular to the preceding course South 88025'44"
West, a distance of 100 00 feot to the Point c.f Beginning
Fro.. the Point of Beginni.ng; thence South 89'50',,:;" West, a dis::tance of 451.98
feet; thence South 11'30' 21" West. a distance of 324 66 feet; thence North
00'09' 35" W~st, a distance of 550 35 feet; thence South 89050' 25" West. a distance
of 177 64 f~et to the beginning of a non-tangent curve having a radius of L851 74
feet. from which a radia1 line bears South 84'19'01" West; thence Northwesterly
along the arc of said curve. subten<l!ng a central angle of 00057'52". a distance
of 31.17 fe~t to the begi.nning of a non-tangent. line; thence North 89'50'25 East.
a distance of 519 23 feet, thence North 00009'35" West. a distance of 33.00 feet;
thence North 89050'25" East. a distance of 467 41 feet; thence South 01034'16"
East. a distance of 292.95 feet; thence South 88025'44" West, a distance of 50.00
feet; thence South 01'34 "16" East. a distance of 250 98 feet to the Point of
Beginning.
-17-
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f'rL~f i ~::Ti~I.~ 1 __
ORI.- 6376 P91971
EXHrBrT "0" TO TrlE LETTrR AGR~I'lEl'fT
AMENDrNG ESCROW AGREEMEnT
SCHEDULE D TO REA
PAGE 1 o~ 2
srG1f EXHIBIT
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RECORDER"B MEMO: Legibility
ofWritma.1'yping or Printing
unoatisfactory in this d()cument
when received
gH.:. T - a- TO LETTER AGREEMENT
SCHEDULE "E"
PLANS AND SPECIFICATIONS
ORB 637 a pg 1973
(The parties hlJreto hereby agree that the plans' and spe'cifications
for Schar11n' s Parcel shall be approved by 1ni t"ialling by HD prior
to construction)
-