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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 OWNE? S ;.:JArJ]E (or ~~ustee) P-.::JDRES S PHO;.:JE ~\/l)tz..}-re +=OD~ r-/)u~ ~~lA 0. ,(,(J~tR'e1 ~1('j7 P'L-t.Ze- ~t> L,..M..MJ'~ c,~tA'L.-rM..rT~, IN::: ZR/Ib 'PJ;UF-:A~~ G~c;.. W~ t:::erL-~ ~~\J, F1_ ~44- (zip code) ~, / Z,z. ooB2. FAX. ~\ / 'Z7~ . p.r::;~ , , FA\foe.l-r~ fbot::>> ~L'->'W~ I 1iA.Jt::.-. t?o~D ~\oW.My>\T::)A.) &u.I..~"ADb J .:It<:1la4-I~ -~e-A ~ol!:>AJ, t:=-L -"?3q::j(p '3~\ I ~4- ~1.:3~ FAX. , (zip code) 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 ~~\) M1V~ A \~p I L-A-ND P/.,4,v';uIrt-b ~~1A'.t.--rMrr~1 lwdress 2-if/S P//VI?!f"App> t..,€ 6~IJ.e! UJ4j De(l7~ Be~~, FL =3~~-4 I PHONE ~ \ I Z7Z 0082- ~ fA- t Appl-,-::::an.:: Name I/C...#C Appl_::::a::-.:: (zip code) Fax. C;;~\ Jz.74 B~~ , Address Lega_ Description ~F:. ~A~ projec:: Descr~ption A, C::r::.D ~ ~t:::> r L:>1-A.l2:T (iZ2=';;;T'~~~) W \ --r~ \/jZ..I \.! is - -r ~\Z..U. ~t.&J~ .J~ 1 ~Ipe,.s-r ~~~~..l~ 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 Q. . f .\0 LL. . >> t- ut:l -c..; a: t- .... .1!!Jf" I j. I 1 ~\ f' '" ,.' '~a. 1'.'0 CD t .. f~:at, ""1 . t 'i .. .... II) oJ f.J ~ ?I.~ C1 a: ~ I- eD ..10 (..) ~ ..c ...... ex \() .... Q;' 0 ....,.! .. ~, i YW.~ . ,q \t' il'\ '... ' T- C\" \ ~~- .~ ~ '1. 4 ~ I I ~ l " \.1 ." /~ ~ ~~ -.j V ~ r.Di!, W - ~ ~ oft :1. -".. ..;... '~ 4 :r 0 ..... l"'l (0 !l: .- N C 0 IX 10- 0 l&, .- ...., \ ('(1 ~. ..i I I IN -' ~\ - "" :> w \J I a " \d I ~ (/) (jl - "1- UJ "- J lit S a u \AI a) '~a ~cJ - -if' C #A Cl. - \. ..... ./ - .... i" J t '- q ',,- " 01 -. - FROt1 t1ARC WIENER A I A 1 561 7505298 5-07-1998 1 57PH 43W' 43W' _~u...:.~:..-..;..~..-~_1'. 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 --. ......-...). -I .2 -3 . Y +Y+t:L . X -4 -5 . W e SERIES: AGN41 -I .2 -3 - Y +Y+t: - X -4 -5 . W e 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) ~\, ;;~v:. -1t. 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IS ... i. . !: ~s!~ illl-'. l!iJ lill !=~ 'tJ ~~;1 K i b~ ~I' ~ai Ii ~i 11. .. Ii ; \t ~o.) 11_ > c. i ~,.. - l.?~~ I 11 ~ J- k J ..' ~"I: ~ i: I-J'ol;!) ........ 3." It '\'\; 1. . , I J= ~ t \ I.~~ .z i ~ t :0 tog CI! ,0. I !!l ~:II Iii 10 i!! \I!i~~ l!= I~" ~:!i \ ~ \,.~:j;K .S l~~~ ~ en I ." \ ~ 1;~C: ~ I I . CI · I !' It I I fia~llli~ bi~ 1;" !51 h: .,~ 151 I 8 ~ w en o lla ii' -\ I CiO 0, o ,. . 0 II~.~ ~ I~! _ ::! .. ::D -.. Ill.... ~ ::-i!'l' 1.: ~~ w" .... 0 NM 0 ",J" ." ." ." 0 ;:~,.p~~ ;t",ti~t: ~ ~p~~ ag :!i ig !~ . ~ ,. . ... m .~=o~ , .. ~ :.. 0 io .,. .,..,. :i :t :j = e ={:o;'il ~. ; ; l I: _: f. I~ 0__: S/W..,.. Dr-''''' t>D ,..Jo&-.'201' 1:." :21''''''' ..., ~~I."'I~ .. . :~ .... ..~c. .~' f" ,.":., SHOPPES OF WOOLBRIGHt P .C.D. 8ovHTOtt BUCH. FLORIDA Klldl'f & Afloclltes Lltldaelpl ArchitOCls/Pllnners t~5t FonJII\ Place . Sult8 .tOOA w.st P8Im BIaCh. F1arld1 33401 . t~I~!!22 .,~,.' . ') i ~- y'J c.. '*/0 c.r-I~ v ~Afi-G8-1990 12.4( 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... r1D6' -2- - 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 ) -3- 0234k "Sn.. > ~ 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 -4- 0%14" Fl..., 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 -5- 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 -6- OZJ4k 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 -7- 02J4k 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 ~ "- .J f. .4:.-~." f~_ .. "_,'P . " ; ..." ~:.,. ..;'.. ~ _ _ ... I ('J ....... 'I: -;.. c .....~ I. '" t.' . ;..~"\<;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- OZI4k Final .- 1. - r k.. r- .~ U.-c.. .:~ - ! ~ -v ~ ~T=-=. .-=:::: , ~~ -' \1 .1- I i; ... j 1.), ~ :'.Ji I ~! 0y ~I_C: .1 r I_'~ iA'0 I C'~'/. . . ""-.. \..J ~.') '<" <1'/ -. - ....--.- - 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 c:. ':::.=>fc.1r~ -.J.JrrV.n.i! .:: 3n: Co L- ",1 ) )t.f .1 NS 51<. ;N.~. I Nt . ......, .......-..... .... ... .,... ..,..,., I. ...,.. ........ ...... .. .... ... t.t. ...... ...... .... .. .... .H ... .... .... ... .... ......... ......~ 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) -