APPLICATION
... '.....
PROJECT NAME: L.A. Fitness Center
LOCATION: 2290 & 2298 N. Congress Avenue
PCN: 08-43-45-17-00-004-0050 & 08-43-45-17-00-004-0070
I FILE NO.: ABAN 03-010 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: RM Boynton Shoppes Regal LLC
Derek Vander Ploeg & Rm Boynton Shoppes, LLC
Vander Ploeg & Associates, Inc. PHONE: 954-476-0800
PHONE: 561-368-4103 FAX: 954-476-1026
FAX: 561-750-8051 ADDRESS: 3325 S. University Drive #210
ADDRESS: 155 East Boca Raton Rd Davie, FL 33328
Boca Raton, FL 33432
Date of submittal/Proiected meetine: dates:
SUBMITTAL / RESUBMITT AL 7/23/03
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 9/9/03
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 9/23/03
MEETING:
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD
CITY COMMISSION MEETING: 10/7/03
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\LA Fitness\ABAN 03-010\2003 PROJECT TRACKING INFO,doc
,4-BAi\J 0 :3 ~ 0 (i)
City Codes Accessed Via Website
www,boynton-be:lch,org
www.:lmlcgaLcollvboynton_bc:lch_l1.us
Has applicant attended a pre-application meeting? , Date:
CITY OF BOYNTON BEACH
APPLICATION TO ABANDON/VACATE
PLANNING & ZONING DIVISION
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NOTE: This form must be filled out completely and accurately and must accompany tlapplications submitted to
Planning and Zoning (Two (2) copies of application are required,)
PROJECT NAME:
AGENT'S NAME:
AGENT'S ADDRESS:
AGENT'S PHONE:
AGENT'S FAX:
OWNER'S NAME:
(or Trustee's)
OWNER'S ADDRESS:
OWNER'S PHONE:
OWNER'S FAX:
PROJECT LOCATION:
OR PCN NUMBER
CORRESPONDENCE
ADDRESS:*
(if different than
agent or owner)
LA Fitness Center @ Shoppes of Boynton
Derek Vander Ploeg, Vander Ploeg & Assoc., Inc.
155 East Boca Raton Road
Boca Raton, FL 33432
561-368-1403
561-750-8051
RM Boynton Shoppes Regal, LLC
and P.F. #3, LLC as tenants in common
3325 S. University Drive, Suite 201
Davie, FL 33328
954-476-0800
954-476-1026
08-43-45-17-00-004-0050
(not legal description)
Joni Brinkman, AICP
Winston Lee & Assoc., Inc.
1532 Old Okeechobee Road #106
West Palm Beach, FL 33409
. This is the address to which all agendas, letters and other materials will be forwarded,
The undersigned, pursuant to Ordinance NO, 76-27 of the City of Boynton Beach, Florida, hereby applies to the City
Commission to vacate/abandon, and discontinue the,(check one):
ALLEY
STREET
xx SPECIAL PURPOSE EASEMENT
OTHER NON-FEE INTEREST OF THE CITY
as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any
land in connection therewith,
Said application is to be filed with Planning and Zoning in duplicate and applications involving more than one of the
above listed non fee interests shall be filed separately, Each application so filed shall be complete in every respect
Representative of the project must be present at all Technical Review Committee, Planning and
Development Board or Community Redevelopment Agency and City Commission meetings held to review
this project.
The undersigned hereby certify:
1, That a complete and accurate legal description with the specific property interest sought to be vacated or
abandoned, including where possible a plat map or drawing showing the general area and location involved,
is set forth in Exhibit "A" attached hereto.
2, That the title or interest of the City and the public in and to the specific property interest described above
was acquired and is evidenced by,
(check one):
DEED
xx DEDICATION
PRESCRIPTION
Recorded in
Beach County, Florida.
7149
Book
,Page 1153 ,and Public Records of Palm
3, That nc ::o:irniiar application has bee:l con~:;jd~;rcd by the City at any iilllf., 'J"ithin six (6) i-,lont! IS of the date
hereof, and should this application be granted, such abandonment and vacation will prevent no other
property owners from access to and from their property and not other property owners in the vicinity will be
adversely affected.
4, That the above described property interest is under the control and jurisdiction of the City Commission of the
City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or
dedicated for state or federal highway purposes,
5, That the following constitutes a complete and accurate schedule of all owners and occupants bounding and
abutting the propsrty interest described above,
6, The list of names and addresses of the owners and occupants of abutting real property, addressed
envelopes and 1st class postage (stamps or payfor required postage),
2
NAME
RM Boynton Shoppes Regal, LLC
and P.F. #3, as tenants in commom
ADDRESS
3325 S. University Dr. #201
Drtv;p, FT. 3~~?R
7, Verification from each affected or potentially affected utility company that they have no interest in the
vacation/abandonment, or, if they have present or future interest, proposed easement documents protecting
their interests, (See attached Utility Company list) (ALL UTILITY COMPANY RESPONSES MUST BE
INCLUDED WITH APPLICATION SUBMITTAL)
8, Obtain a survey of the street (or easement),
9, Obtain a title opinion (o'Mlership and encumbrance report) from a title company.
10, That the following grounds and reasons are submitted in support of this application:
The easement to be abandoned is internal to the subject property
and any utilities which may be required to be relocated shall be
accommodated during the site planning/building process.
DATED:
1.;23.03
APPLlCANT(S) NAME (PLEASE SIGN)
~'~
ADDRESS
Joni Brinkman, AICP
Winston Lee & Assoc., Inc.
1532 Old Okeechobee Rd. #106
west palm ~each, FL 33409
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated
that ~ he __ ~ the applicant(s) in the foregoing Application to AbandonNacate; that they have read the
same and th3t the facts therein set forth are true and correct to the best oftheir knowledge,
Jdtn--
My Co ission Expires:
Updated 10/15/01
~f'VV PUt; OFFlCIAI. NOTMY SEAL
~ \1' -:C '7' (\ TON
<J> ~\ . ,.\:! '. COMMISSION NUMBER
-' . "J,;. 'Or 00121603
7", !:?
~ 0 0" MY COMMISSION EXPIRES
F FI. n~~ JUNE 3,2006
3
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SKETCH AND LEGAL
THIS IS NOT A SURVEY
~
Sl-tJPS OF BOYNTON
PARTIAL EASEMENT ABANDONMEN I
LEGEND
R/W RIGHT OF WA Y
P.8. PLA T 8001<
PC PAGE
P.O.C POINT OF COMUENcalENT
P.O.8 POINT OF BEGINNING
P.O. T. POINT OF 7ffiUINUS
DATE 7/16/03
DRAWN BY B.C.
F,B, PG. NA
SCALE N, T. S.
PAGE 1 OF 2
S 88i6'25"E
24.00
S 1'43'35"W 91.99
S 89'08'39"W
15.00
I
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.30
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19.00
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9,00
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TO REMAIN
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P.O.C.
WEST 1/4 COR. SEC, 17-45-43
S 44 '33'53"E
36.14
BRUCE CARTER & ASSOCIATES, INC.
SURVEYORS - PLANNERS
405 S.E. 6TH AVE.
(SOUTH FEDERAL HIGHWAY)
DELRAY BEACH, FLORIDA ~~48~
PHONE 561 -265-/910 I FAX 561 265-1919
IS SKETa-I IS NOT VAUD
NLESS IT BEARS AN
IGlONAL SIGNA TURE AND
AN EU80SSED SURVEYOR
:AL
SHOPS OF BOYNTON
EASEMENT ABANDONMENT
BRUCE: N CAR7ffi
REGlS7ffiED LAND SURVf:YOR
1.2963
STATE OF FlORIDA
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PARTIAL EASEMENT ABANDONMENT
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SKETCH AND LEGAL
THIS IS NOT A SURVEY
LEGEND
R/W RIGHT OF WAY
P.8. PLAT BOOK
PO PAGE:
P.o.C POINT OF COMI/ENCDtIENT
P.o.B POINT OF BeGINNING
P.o. T. POINT OF TERUINUS
DESCRIPTION,' TWO PARCELS OF LAND L YfNG IN SECTION 17, TOWNSHIP 45 SOUTH, RANGE 4.1 EAST, DESCRIBED AS
FOLLOWS: COMMENCING AT THE ~ST QUARTER CORNER OF SAID SECTION 17; THENCE N89'08'.19"E ALONG THE
EAST/'WEST QUARTER LINE OF SAID SECTION 17 A DISTANCE OF 60.06 FEET; THENCE S 01'4.J'.1S"W ALONG THE EAST
RIGHT OF WA Y LINE OF CONGRESS A VENUE A DISTANCE OF .155.15 FEET,' THENCE S 44".J.1'S.1"E A DISTANCE OF 36.14
FEET,' THENCE N 89TJ8',J9"E ALONG THE NORTH RIGHT OF WA Y LINE OF QUANTUM BOULEVARD A DISTANCE OF 118.71
FEET; THENCE N 0'51'21"W A DISTANCE OF 123.39 FEET,' THENCE N.10iJ7'.1rW A DISTANCE OF 69.4.1 FEET; THENCE
N 0'51'21"W A DISTANCE OF 89.46 FEET; THENCE N 89TJ8',J9"E A DISTANCE OF 95.00 FEET; THENCE S 0'51'21"E A
DISTANCE OF 48.34 FEET,' THENCE N 89TJ8'39"E A DISTANCE OF 25.00 FEET; THENCE S0'51'21"E A DISTANCE 15.00
FEET; THENCE S 89TJ8'.19"W A DISTANCE OF 25.00 FEET; THENCE S 0'51'21"E A DISTANCE OF 74.16 FEET,' THENCE N
89TJ8'.19"E A DISTANCE OF 245.55 FEET TO A POINT OF BEGINNING; THE LAST 10 CALLS BEING COINCIDENT WITH THE
EDGE OF AN EXISTING UTILITY EASEMENT AS RECORDED IN O,R. BOOK 7149, PAGE 1153, PALM BEACH COUNTY
RECORDS: THENCE N 0'51'21"W A DISTANCE OF 18.30 FEET; THENCE N 89TJ8'39"E A DISTANCE OF 15.00 FEET,'
THENCE S 0'51'21"E A DISTANCE OF 18..10 FEET TO REFERENCE POINT "A"; THENCE S 89iJ8'.19"W A DISTANCE OF
15.00 FEET TO SAID POINT OF BEGINNING,' TOGETHER WITH: COMMENCING A T THE AFOREMENTIONED REFERENCE
POINT "A": THENCE N 89TJ8'39"E A DISTANCE OF },-JO FEET TO A POINT OF BEGINNING: THENCE N 01'43'35"E A
DISTANCE OF 73.67 FEET; THENCE N 8816'2S"W A DISTANCE OF 9.00 FEET,' THENCE N 01'4.1'35"E A DISTANCE OF
19.00 FEET,' THENCE S 8816'25"E A DISTANCE OF 24.00 FEET,' THENCE S 01.4,J'35"W A DISTANCE OF 91.99 FEET;
THENCE S 89' 08'.19"W A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUA TE. L YfNG AND
BEING IN PALM BEACH COUNTY, FLORIDA.
BRUCE CARTER a ASSOCIATES, INC.
SlRVEYORS - PLANNERS
405 S.E. 6TH AVE.
(SOUTH FEDERAL HIGHWAY)
DELRAY BEACH, FLORIDA 3~3
PHONE 561 265-1910 I FAX 561 265-1919
IS SKETr:H IS NOT VAUD
IT BEARS AN
GlONAL SIGNA nJRE AND
F:MBOSSED 5UR~S
;.u.
DATE 7/16/03
DRAWN BY B.C.
F.B. PG. NA
SCALE N. T. S.
PAGE 2 OF 2
SHOPS OF BOYNTON
EASEMENT ABANDONMEN T
UCE: N CARTER
'GISTERED LAND SVRlrl"l'tW
963
TATE: OF FLORIDA
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July 22, 2003
Mr. Nouman Khalid
Florida Power & Light Company
9329 S. Military Trail
Delray Beach, FL 33436
VIA FACSIMILE 561-742-2016
No. of Pages: 6
RE: Easement Abandonment Request for Proposed LA Fitness Center
Currently the Site of Boynton Regal Theater - 2290 N. Congress Avenue
Located at the Northeast Comer of Congress Avenue & Quantum Blvd.
East of the Polio Tropical Restaurant
Our File No. 03-013
Dear Mr. Khalid:
This firm is in the process of preparing a request to abandon a portion of one (1) utility easement
located on the site. The easement was originally recorded in the Official Records Books of Pahn
Beach County in Book 7149, Page 1153 in favor of the City of Boynton Beach. As a part ofthis
application, the City of Boynton Beach requires verification from your office that the proposed
abandonments do not interfere with any current or planned services from your company.
The subject site is within an existing shopping center, The Shoppes of Boynton, and is located at the
northeast comer of Congress Avenue and Quantum Blvd. The existing facility is a movie theater and
is located direct east of the Polo Tropical Restaurant, and will be demolished to facilitate new
construction. A location map is attached for your reference. Also attached is a sketch and legal of
the area ofthe easement proposed to be abandoned, as well as a portion of the survey indicating the
location of the existing building in relation to the areas proposed to be abandoned.
There will be a replacement easement created. The replacement will be dedicated via separate
instrument and presented to the City and recorded as part ofthe site plan approvaVbuilding permitting
process.
] 532 Old Okeechobee Road, Suite] 06, West Paim Beach, FL 33409-5270
Tel: 56] -689-4670 . Fax: 56] -689-5559 . E-mail: winstomvla@aol.com
"
Mr. Nouman Khalid
July 22, 2003
Page 2
If you could please fax back your verification letter, and follow up with a hard copy via mail, I would
appreciate it. Please feel free to call if you require any additional information to process this request.
~ ~YY?ar-
Jom Brinkman, AIep
Planner
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July 22, 2003
Mr. Bob Lowen
BellSouth Engineering Department
2021 S. Military Trail, 1 sl Floor Engineering
West Palm Beach, FL 33401
VIA FACSIMILE 964-3~
No. of Pages: 6
RE: Easement Abandonment Request for Proposed LA Fitness Center
Currently the Site of Boynton Regal Theater - 2290 N. Congress Avenue
Located at the Northeast Comer of Congress Avenue & Quantum Blvd.
East of the Pollo Tropical Restaurant
Our File No. 03-013
Dear Mr. Lowen:
This firm is in the process of preparing a request to abandon a portion of one (l) utility easement
located on the site. The easement was originally recorded in the Official Records Books of Palm
Beach County in Book 7149, Page 1153 in favor ofthe City of Boynton Beach. As a part of this
application, the City of Boynton Beach requires verification from your office that the proposed
abandonments do not interfere with any current or planned services from your company.
The subject site is within an existing shopping center, The ShoppesofBoynton, and is located at the
northeast comer of Congress Avenue and Quantum Blvd. The existing facility is a movie theater and
is located direct east of the Polo Tropical Restaurant, and will be demolished to facilitate new
construction. A location map is attached for your reference. Also attached is a sketch and legal of
the area of the easement proposed to be abandoned, as well as a portion of the survey indicating the
location of the existing building in relation to the areas proposed to be abandoned.
There will be a replacement easement created. The replacement will be dedicated via separate
instrument and presented to the City and recorded as part of the site plan approval/building permitting
process.
1532 Old Okcechobee Road, Suite 106, West Palm Beach, FL 33409-5270
Tel: 561-6:-\9-4670 . Fax: 561-689-5559 . E-mail: winstonwla(g;aoLcom
Mr. Bob Lowen
July 22, 2003
Page 2
If you could please fax back your verification letter, and follow up with a hard copy via mail, I would
appreciate it. Please feel free to call if you require any additional information to process this request.
Sincerely,
~:~ATCP
Project Planner
I
-.
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July 22,2003
Mr. Dominick Aumais
Comcast Cable Company
1401 Northpointe Parkway
West Palm Beach, FL 33407
VIA FACSIMILE 640-3996
No. of Pages: 6
RE: Easement Abandonment Request for Proposed LA Fitness Center
Currently the Site of Boynton Regal Theater - 2290 N. Congress Avenue
Located at the Northeast Comer of Congress Avenue & Quantum Blvd.
East ofthe PolIo Tropical Restaurant
Our File No. 03-013
Dear Mr. Aumais:
This firm is in the process of preparing a request to abandon a portion of one (1) utility easement
located on the site. The easement was originally recorded in the Official Records Books of Pam
Beach County in Book 7149, Page 1153 in favor of the City of Boynton Beach. As a part of this
application, the City of Boynton Beach requires verification from your office that the proposed
abandonments do not interfere with any current or planned services from your company.
The subject site is within an existing shopping center, The Shoppes of Boynton, and is located at the
northeast comer of Congress Avenue and Quantum Blvd. The existing facility is a movie theater and
is located direct east of the Polo Tropical Restaurant, and will be demolished to facilitate new
construction. A location map is attached for your reference. Also attached is a sketch and legal of
the area of the easement proposed to be abandoned, as well as a portion ofthe survey indicating the
location of the existing building in relation to the areas proposed to be abandoned.
There will be a replacement easement created. The replacement will be dedicated via separate
instrument and presented to the City and recorded as part of the site plan approvaVbuilding permitting
process.
1532 Old Okeechobee Road, Suite 106, West Palm Beach, FL 33409-5270
Tel: 561-6X9-4670 . Fax: 561-689-5559 . E-maiL winstonwla(iiaoLcom
Mr. Dominick Aumais
July 22, 2003
Page 2
!fyou could please fax back your verification letter, and follow up with a hard copy via mail, I would
appreciate it. Please feel free to call if you require any additional information to process this request.
Sincerely,
. ~nkman, AICP
Project Planner
I
C
/
July 22, 2003
Mr. Frank Studenski
Florida Public Utilities
401 S. Dixie Highway
West Palm Beach, FL 33401
VIA FACSIMILE 836-1769
No. of Pages: 6
RE: Easement Abandonment Request for Proposed LA Fitness Center
Currently the Site of Boynton Regal Theater - 2290 N. Congress Avenue
Located at the Northeast Comer of Congress Avenue & Quantum Blvd.
East of the Polio Tropical Restaurant
Our File No. 03-013
Dear Mr. Studenski:
This firm is in the process of preparing a request to abandon a portion of one (1) utility easement
located on the site. The easement was originally recorded in the Official Records Books of Palm
Beach County in Book 7149, Page 1153 in favor ofthe City of Boynton Beach. As a part of this
application, the City of Boynton Beach requires verification from your office that the proposed
abandonments do not interfere with any current or planned services from your company.
The subject site is within an existing shopping center, The Shoppes of Boynton, and is located at the
northeast comer of Congress Avenue and Quantum Blvd. The existing facility is a movie theater and
is located direct east of the Polo Tropical Restaurant, and will be demolished to facilitate new
construction. A location map is attached for your reference. Also attached is a sketch and legal of
the area ofthe easement proposed to be abandoned, as well as a portion ofthe survey indicating the
location of the existing building in relation to the areas proposed to be abandoned.
There will be a replacement easement created. The replacement will be dedicated via separate
instrument and presented to the City and recorded as part ofthe site plan approval/building permitting
process.
1532 Old Okeechobec Road, Suite 106, West Palm Beach, FL 33409-5270
Tel: 56] -6~9-4670 . Fax: 561-689-5559 . E-mail: winstonwla@:.aoLcom
Mr. Frank Studenski
July 22, 2003
Page 2
If you could please fax back your verification letter, and follow up with a hard copy via mail, I would
appreciate it. Please feel free to call if you require any additional information to process this request.
Sincerely,
(2,.~~
~'~~~inkman, AICP
Project Planner
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SHOPS OF BOYNTON
PARTIAL EASEt.iENT ABANDONt.iENT
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, .."'" SKETCH AND LEGAL
THIS IS NOT A SURVEY
IBE1It1
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DCSCRIPT1ON; TItD PARCeLS OF LAND L 'nNG IN SFcl10N 17, toWNSHIP 45 SOUTH. 'ANG€ 4J E:AST, OCSCRIBED AS
FOllOWS: fXJIIAtE'NaNG A T THe EST QuARTER CORNCR OF SAID SCC'11ON 77; NlJ9TJ8".J9"'E: ALONe 'THF:
CASTj)tE'sT QUARTER UNE OF SMIJ SECTION 77 A O/ST.wcc OF So.06 FEET; S O1.4J'35"W A.L.ONC THE: EAST
RtGHT OF It'A Y UNE OF CONGRESS A ~ A DISTANCE OF 355.15 fEET: THENCE #3J'5J"E.It DISTANCe OF J6. 74
FEET,' THENCE N 89'D8'J9"E ALONG THE NORTH RIGHT OF WAY UNE OF 0UAN7UM ~RD A OISTANCE OF l1an
FEET: THENCE N 031~7-W .It OISTANCE OF 123.J9 FEET; THENCE NJJ"07"3rw.lt 'STANCE OF 69.43 FEET; 1HCNCE:
.N O~1~-W .It DISTANCe OF 89.46 FEET; 1HENCE N B9tl8'.19"E' A DISTANCE OF 9 00 FEET; THE"ICE S O'SI'27"'E A
DISTANce OF 48.34 FEET; 1HENCC N 89UB".J9"'E A DISTANCE OF 25.00 FEET: CE SO.,"21"F A DISTANCE 75.00
FEFT; mENCc S a~n~:J9-W A OISTANCE OF 25.00 ffET: THENCE S 051"21T A rANCE OF 74.16 FEU; 7HEJICf: N
BStl8'.1g-c A ()fSTANCE OF 245..55 FFET TO It POINT OF 8EGINN/NG; THf: LAST to S 8EING caNClDENT tilTH THE
~ OF AN eXISTING UT1UTY EASE1rIE:NT AS RECORDED IN o.R. BOOK 7149. PAGE 1~ PAUl BEACH COUNTY
RECORDS; 7HENCC N 0"5I"2'.W It D1STAJ<<;E OF 111.JO FFFT: THENCE N 89'08'39"1:: DISTANCE OF 15.00 FEET:
THENCE S O'SI'27T A DISTANCE OF 18.30 FEET 70 REFCRENce POINT .It; '1HEH S .'DB'S'" It DISTANCE OF
15.00 FEET TO SAID POINT OF BEGINNING; TDGF:1HER IWTH: COUIIENCING A T THE: AFORE1ENTIONEO REFERE:NCE
POINT -A ~ THENCE N 89TJ8'.J9T It OISTANCE OF 3.30 FEET TO A POINT OF ~ THENCE N O1".aolS"E A
DISTANCE OF 7:.167 FEET; THENce N lJ8'S'25-W A DISTANCE OF 9.00 FFET: N Ot"4:J'35"E A DISTANCE OF
19.00 FEIT; 1Hf:NCE 5 BB.,s'2S"E A D/STNICE OF 24.00 FEET; THENCE: S 0''''''''35 A Dl6TANCE OF 97.99 FEET;
THENCE: S 89' oe'SS"W A DISTANcE OF' 1!1.00 FEET ro THE POINT OF BEGINNJNC. 10 LANDS SlTUA 7l; L YfNG AND
BEING IN PALM IEAOI COUNTY. nORlDA.
BRUCE CARTER & ASSOCIATES. INC.
Sl.RVEYtRS - PI..AN6lS
40& s.e. 6TH Ave.
(SOlJTH FEDERAL. HIGHWAY)
DEl..RAV BeAcH, FURIb4 WI3
fIHONE I 1910 I FAX 919
DAlE 7/16/03
WN BY B.C.
F.B. PG. NA
SCALE N. r.5.
PAGE 2 OF 2
HOPS OF BOYNTON
EASEMENT ABANDONMENT
SHOPS OF 80YNTON
PARllAL EASEMENT ABANDONi:..,~rJT
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S 8876'2,s"'E
24-,00
N 89'OB'J9r:
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SKETCH AND LEGAL
Tl-lIS IS NOT A SURVEY
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PG PAOC
P.C.C PaNT OF" ~T
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EXlS71NG V.E.
TO REMAIN
J
S 7 '43'35.W 355.75
N 89'OB'J9-E 60.08 (SEARJNG BA~) EAST R/W CONGRess AVENUE
P.O.C.
Kf'ST 7/4 COR. SEe. T7-45-~:J
BRUCE CARTER 8 ASSOCIATES, INC.
Sl.RVEYoRs - ~
405 S.E. 6TH AVE.
(SOlJ'TH FaEW.. HIGHWAY)
DElRAv BEACH. FLORIDA 33483
PHON: I ' 1910 I FAX I /919
SHOPS OF BOYNTON
EASEMEN T ABANDONMEN r
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F.B. PG. NA
SCALE N. T. s.
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07/23/2003 07:44 FAX 9544524700
ROSS REALTY
l4J 002/012
(AmerlCr.,. l.' " , itle Association Owner's PolicV - 10-17-92) (With1ida Modificarions)
OWNb"R:S TITLE TNSURANCEPOLICY
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
SUBJECf TO THE EXCLUSIONS FROM COVERAGE, THE. EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE BAND THE CONDmONSAND STIPU-
LATIONS, ATTORNEYS' TITI.E INSURANCE FUND, INC., a Florida corporation,
herein called The Fund, insures, as of Date of Policy shown in Schedule A, against loss
or damage, not e}{Ceeding the Amount of Insu:rance stated it! Schedule A, sustained
or incurred by the insured by reason of:
L Tide to the estate or interest de$cribed in Schedule A being vested other
than as stated therein;
2. Any defect in or lien or encumbranc;.e on the title;
3. Unmarketability of the tide;
4. Lack of a right of access to and from lhe land.
The Fund will also pay the costs, attorneys' fees and expens~, incurred in defense of
~e title, as insured, b1..l:t only to the extent pro\'i.ded in the Conditions and Stipula-
tions.
In Witness Whereof, ATIORNEYS' TITLE INSURANCE FUND, INC. has caused this
policy to be signed and sealed as of Date of Policy shown in Schedule A, lhe policy to
become valid when countersigned by an authorized signatOlY.
--
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\\t~EA_~.,~
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Attorneys' Title Insurance Fund, Inc.
By
~{l~
Charles J. Kovaleski
President
SERIAL
OPM-
212B828
FUND FORM OPM (rev. 3198) -
07/23/2003 07:45 FAX 9544524700
ROSS REALTY
EXCLUSIONS FROM COVERAGE
141 003/012
'"
The: following maclt"P> <Ire (1o(p~('ssly CXdlU:kd from tnI:' co\'cmgc of this poli<J" and The F\lI\d will roc PllY 10.."5 or damage. (,OSl:s, allOnlt:ys'
fees Of CJLpenses which arise' by reason or:
1. (a) Any law. ordinance or government.'\! regu1:nion (il\dtlding but nOllimiled to building and zoning laws, (mlil1aI1t:e~. (>r regulations)
restricting. regulaling, prohibiling 1)1' relating to (i) the occupanc.y, \L5e, or enjoyment of the land; (ii) t~c ('ha~C[er. ~imel1siol1s or locatioll
(If any impro\'emem now or hereafrer erected on the land; (iii) 3 separation in ownership or a change III the dlmen~10l1S Of area of the land
or any pared of which the land is or was a p:a.rt; or (iv) environment:a.l protection, or the effect of any violation of these laws. ordinances or
govcrnmemal regulations. except to the extent mat a notice ofme enforcement mereor or a nouce ofadefect, lien or encumbrance Te5ulting
from a violation or alleged violation affecting the land hu been recorded in the public records at Date of Policy.
(b) Any governmental police powc. not excluded by (a) above, except to the extent [hal a nctice of the exercise theteof or a n()tic~ ofa
defeCt, lien or e neum brallce resulting from a violation or alleged violation aLrecting lhe land 11~ been recorded in !he publir:: ter::on4 at Date
of Polic.y.
2. Rights of eminent domain unless notice of the ex.ercise thereof has been recorded in the public reeoi'dll at Dale ofPolic:y, buL nOL excluding
from coverage any taking which has occurred prior LO D4te oEPoliqwhich would be bindiTlg Ofl me rights ofa purchaser forvaluc wimollt
knowledge.
3. Defecu, liens, entum"bran<;es, adverse claims or other matters:
(a) creared, suffered. assumed or agreed to by the insureQ claimant;
(b) not known ro Thc Fund, not recorded in the public records at Dare of Policy. but known to the insured claimant and not disclosed in
writillg to The Fund by the insured claimanl priQr to the date the insured claimant be(;;'lme ~11 insun;d under this policy:
(c) resulting in no loss or damage 00 the insured claimam;
(d) 3Llaching or created subsequent to Date ofPolic.y; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant h:;d paid value for me estate or ime~t insured
by this policy.
4. Any claim. which arises out of the tn.nsaction vesting in the insured the estate or interest insured by this policy, by re2SOtl of lhe operation
of federal bankruptcy, srare insolvency, or simiLlr r;reditors' rightS laws, !haL i$ ~ed on:
(a) the transaction creating the eslate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent mmsfer. or
(b) the tr:l:I1Uction creating the estate Or interest insured by this poliq being deemed a prefen~ntisl t:nmsf~ except where the preferential
transfer results from the failure:
(i) to timely rer;ord the instnlment of tr.lnsfcr: or
(il) of such recordadon to impart DOrke to a pun;h3.$Cr for value or a judgment or lien ('.reditQr.
commONS AND STIPUlATIONS
L Definition of Terms
The following terms when used j~ thilo policy m~:
(a) ~insured": the insured named in ScheduleA, 2nd, s\lbFct to any
righ ts Or defenses The F\ln(i would have had agaimt the namedinsured.
those who succeed to the interest of the named insured by opetation of
law as disringuished from purchase including, but not limited to, heirs.
distno\ltees. devisees. survivoI1l. personal representatives, next of kin,
or corporate or fiduciary successors
(b) "insured c1:aimant": ~ insured claiming Joss or damage.
(c) "krl.owledge" or "knO':'l11": aaual knowledge. not constructive
knowledge or notice which may be imputed to an 1w:Uftd by n;um of
the public records as dc:fined in this policy or any other records which
impan constructive notice of matters affecting IDe l:md.
(d) "land."; the land d-escrib<<l Or referred to in Schedule A, and
improvements affixed theretO which by law constitute ~ pro~
The term "land" does not include any propeny bqond the line~ of the
area described or referred to in Schedule A, or any right. tide, interest,
estate or, easement in abutting strce~, roads, avenues, alleys. lanes. ways
or waterways. but nothing herein shall modilY or limit th<: extent to
which ~ right of ~= to and from the land is iru;~ by this policy,
(e) ~morrgage.: mortgage. deed of trust, trust deed, or oEbet
ll<:curity inlltn.uD<:nt
(1) Mpublic records": records esrablished Wlder srate statutes at
date of Policy for the pwpose of imparting conslrUctive nonce of
matl,ers relating to real property [0 purdla$er,; for v.uu-c: and without
knowledge. With respect to Section l(a) (iv) of me Exclusions from
Coverage, "public records" shall also include enYironmental protccbQn
liens filed i~ the rewnb of the derk of the United States district coun
for the district in which the land is located.
(g) "Wlmarkerability of the ritle": an :alleged or apparent matter
affecting the title to the land, not excl\lded or excepted from coverage,
which would entitle a purchaser of the estate or lnrerest described in
Schedule A to be relea:sed. from me obligation to purchase by virtue of
a contr.oauall;Qndition requiring the delivery of marketable title.
~. CondDuation of 1Dsuranre Afta' Con~ of Tide
The coverage of this policy sh211 continue in force as of Date of Policy
in favor of an insured only so long as the insured retains an estate or
int.c~t in the land, or holds an indebtednc:lS secured by a purchase
money mortgage given by a purchaser from the insured: or only $0 long
as the insured shall have liability ~ rearon of wvenants of warranty
made by the insured in any transfer or ~'n'veyance of the: C$tatc or
intere'&L Thit poIiq shall notcOI'ltinue inI~in mor of any purchaser
from the insured of either (i) all cstate or interest in me land. or (ii) all
indebtedness secured by a purchase money mortgage given to the
insured.
3. Notice of Oaim To Bo~ Given by InsurM Claimant
The iltsuredshallnotifyTlleFund-promptlyin writing (i) in case of any
litigation as set fonh in Section 4(a) below, (Ii) in ase knowledge shall
come to an insured hereu Ilder of any claim of title or interest which is
adverse to the title to the e:otate or interest, as insured, and which might
cause loss or cWnagC: forwhicb The Fund may be liable by virtue of this
policy, or (ill) if tide to th ~ estate 01' iolere$t, ;as insured, is rejected as
unmarketilble. JI prompt notice shall not be given to The Fwld. then;as
00 the insured all liability ofThe Fun(l sb.all tenninatcwith regard to the
n13.ttt:r or mllttel;$ for ",hich prompt notice is required; provir;l.ed.
however, that failure to DC.dry The Fund lihall in no case prejudice the
righ~ of any inwred under this policy unless The Fund :shall be
prejudiced by the failure ~.nd men only to the extent of the prejudice.
4. Dclmse and Pro5ll!:clU,'m of Actions; Duty of IDsured ClaDmmt
To Cooperate
(...) UpO'l'l wtitten reqocllt by the insured and subject to lh~ opliol1$
contained in Section 6 of these ConditiOI\$ iIIldStipulations, The Fund.
at iu awn. I;OSt and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a
claim advenetQ the title Of intercst as insured, but only as to thO$Cstated
cawes of action alleging a defect, lien or encumbrance or omer matter
insured against by this policy. The Fund shall h...ve the right to sclect
counsel oCits choice (sul! eee to the right of the insured to object for
reasonable cause) to n;pf(~nt the insured lIS to those stated caU-'<C5 of
action and shall not be lia:lle for ilnd will not pay the fees of any omer
counseL The Fl,lnd will Dot pay any fees, COSTS or expense$ incurred. by
the insured in the defense ,)fthOlle ~W;es of IU;bQD. whit;h :a.llege matter,;
not insured against by thi:, policy.
(b) The Fund shall have the right. at its own cost, to institute:md
prosecute any action or proceeding or to do a.ny other act which in its
opinion may be necessary.)1' desirable to establish the tide to the estate
or interest, as insured, Qr to prevent or reduee 10$5 01;' dam~ to the
insured. The Fund may tal;e any approp~te action under me teroa of
this policy, whether or not it shall be liable herellDder, and shall not
thereby concede liability l)r waive any provision of this policy. If The
fund shall exercise its rights under this p:a.ngr.<ph. it shall do so
diligently.
(c) WhenevcrThe Fund shall hav(:: brought,ilIl action orinterposed
a defense as required or p,~tmiltl::d by the provisions of this policy. the
07/23/2003 07:45 FAX 9544524700
ROSS REALTY
I4J 0041012
, ,
FUND OWNER'S FORM
Schedule A
Policy No.: OPM-2129828
Office File No.: 204461.00'12 Mag
Date of Policy:
July 24.2002. @4:45PM
Amount of Insurance:
$1,150,000.00
1. Name of Insured: RM BOYNTON SHOPPES REGAL, LLC, a Florida Limited
Liability Company and P.F. #3, LLC, a Florida Limited
Liability Company
2, The estate or interest in the land described herein and which is covered by this
policy is a fee simple (if other, specify same) and is at the effective date hereof
vested in the named insured as shown by instrument recorded July 24, 2002. in
Official Records Book 13956, Page 1684, of the Public Hecords of Palm Beach
County, Florida.
3. The land referred to in this policy is described as follows:
Legal description set forth on Exhibit uAn attached
I, the undersigned agent, hereby certify that:
YES, the transaction insured herein is not governed by RESPA. and
YES, I have performed all "core title services".
Agent No.: 7103
By
KENNET 'P. WURTEN8E GER
For the Firm
MGARDNER/204461.0012/R6010179_1/10/22/02 12:05 PM
07/23/2003 07:45 FAX 9544524700
ROSS REALTY
~XBI'IT -^~ - TBE!I~U~AIC~L
PORTION OF TEAC' tiA~
~ISCBIPTtOK:
A parcel of land lying in Sect~aD 17. TOWD&bip '5
So utb. Ranse 43 !;ast. Palm leach Caul1f.y J Flclrida,
s~id 1and b8i~5 .o~. paTticUlarly de,c~ibed a~
fol1o~6:
~
Coa.encing ~t the He6l; qua:ter of Section II'.
Township 45 South. llans~ 43 Eas"t J thence JfiUI a.
bea~inG of N e,oOS'49h E. .1onl ~h~ E&.t-H.~~
~u8r~8T 11nR of sec~ion 17. a di$tance Df SO.05
feet. 'to , point Otl 'tbe Ea:!ll't l:'isbt-af-wIJ7 lir~e of
C9~sres~ '.enues ~beDee wlt~ A bearinG S Dl~44'39u ~.
alon5 ~he E.s~ ~i6b~-cf-vay line of Cong~e~~ Avenq~,
a d~~tancc of 7D.D1 fee~ ~o a poi~t; ~~enee .i~~ a
bGaT~n$ of N 8'~OG.49P E. a~Qn~ a liae 1Y!~~ 70.0Q
flU,t SouU. of an4 pllJ'allet to ua E.st:-VeB1~
quart~~ lin~ of Sectiou 11. a distance of 215.35
feet - 'to tbe 'fo:i.tl't Ctf JelinDill.C; thenelll con't5.nue qi'th
a bea~inl of W 89doa'4,n f. ~lgng a line lyLn~
70.00 feet Soutn of and IHn:al1el ~o t.be 'Eas,~-Qes~
qua~~eT line of Sec~lon 17. said liue also beinG
t:he SDutb line of Lake llort.h Ilrai'AiU;e nist2::l,c't
Late~al Canal .0. Zl. ~, reeo~4ed in D.., B66~ 1732,
f*se 612, PUblic aecords of lal~ i~.~b County.
F1D~ida. a "4istance ~f 512.81 feet to a PQia~; tbence
~i~h a ~ea~inG Df S 01Q44'39 W. a di5~auee Qf
'11.38 fee~ ~o ~ polntJ tke~~e vltb a bearing of
S 890D8'49- V, a dist.n~e Qf 498.76 feRt; theuee with ·
bearing of N 00051'11~ V, a distance of 311.D6 fe~t I
to t.be Foint of 8esinuing. Containing 1.611 .c~es. ~OJ~ :
01;' lQ:Js.
ALSO 100ETEER wrm:
'lhat certain Reoiprocal EaseIIB1t Agreenent recomd
in O.R. Book 13956, Page 1697 r Public Records of
Palm Beach CoUnty, Florida.
Exhibit A
Page 1
l4i 005/012
i
I
, I
I
.
.
07/23/2003 07:45 FAX 9544524700
ROSS REALTY
I4J 006/012
FUND OWNER'S FORM
Schedule B
POLICY NO.: OPM-2129828
FILE NO,: 204461.0012
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
1. Taxes for the year 2002 and subsequent years which are not yet due and payable
and taxes or special assessments which are not shown as existing liens by the
public records.
2. Rights or claims of parties in possession not shown by the public records.
DELETED
3. Encroachments, overlaps, boundary line disputes, and any other matters which
would be disclosed by an accurate survey and inspection of the premises.
DELETED
4. Easements or claims of easements not shown by the public records.
DELETED
5. Any lien, or right to a lien. for services, labor, or material heretofore or hereafter
fumished, imposed by law and not shown by the public rE~cords.
DELETED
6. The effect of municipal zoning ordinances on subject property,
DELETED
MGARDNER/204461.Q012/R6010179_1/10/ZZ/0Z 12:05 eM
07/23/2003 07:45 FAX 9544524700
ROSS REALTY
I4J 007/012
FUND OWNER'S FORM
CONTINUATION SHEET - SCHEDULE I~
POLICY NO.: OPM-2129828
FILE NO.: 204461,0012
7. Any adverse ownership claim by the State of Florida by ri!Jht of sovereignty to any
portion of such lands insured hereunder, including submerged, filled and artificially
exposed lands. and lands accreted to such lands.
8, Rights of tenants, as tenants only, under unrecorded lease as shown on the
attached Rent Roll.
9. Restrictions, conditions, reservations. easements and other matters contained on
the Plat of Quantum Park at Boynton Beach. P.LO., Plat No, 1-A, as recorded in
Plat Book 57, Page 180. ofthe Public Records of Palm Beach County, Florida. (As
to Tract E)
10. Easement in favor of Riteco Development Corporation, ,3 Florida Corporation to
Lake Worth Drainage District, contained in instrument re(~orded May 15, 1985, in
Official Records Book 4545, Page 1296, of the Public Records of Palm Beach
County, Florida. (Tract C)
11. Easement in favor of Sybar Savannah Square Joint Venturej a Florida Joint
Venture, contained in instrument recorded July 23, 1986, in Official Records Book
4949, Page 540, as affected by: Assignment of Rights and Obligations under Grant
of Easement, recorded December 16,1987 in Official Records Book 5515, Page
1269, of the Public Records of Palm Beach County, Florids.. (As to a portion of Tract
B and all of Tract D)
12. Easement in favor of Quantum Associates, a Florid;:i General Partnership,
contained in instrument recorded July 23, 1986, in Official Records Book 4949,
Page 549, of the Public Records of Palm Beach County, Florida. (As to Tract A)
13, Covenants, conditions and restrictions recorded Oclol::er 15, 1987 in Official
Records Book 5450, Page 1150. of the Public Records of Palm Beach County.
Florida. (As to Tract E)
14. Grant of Easement in favor of Quantum Associates, a Florida General Partnership,
contained in instrument recorded February 4, 1988 in Offi:ial Records Book 5564,
6525,01 DO 2646011. 1
07/23/2003 07:45 FAX 9544524700
ROSS REALTY
141 008/012
"
FUND OWNER'S FORM
CONTINUATION SHEET - SCHEDULE 13
POLICY NO.: OPM-2129828
FILE NO.: 204461.0012
page 1293, of the Public Records of Palm Beach County, Florida. (As to Tracts A
and B)
15. Grant of Easement in favor of Sybar Savannah Square Joint Venture, contained in
instrument recorded April 17 , 1989, in Official Records Book 6046, Page 1151, of
the Public Records of Palm Beach County, Florida. (As to Tract E)
16. Grant of Easement in favor of Quantum Associates, a Florida General Partnership,
contained in instrument recorded April 17, 1989 in Official Records Book 6046,
Page 1161, of the Public Records of Palm Beach County, Florida. (As to Tract A)
17. Terms, conditions, rights, duties and obligation of that certain Lease between VSB,
Ltd., a Florida Limited Partnership, Lessor and Chili's In,:;" a Texas Corporation,
Lessee, as disclosed in Memorandum of Lease recorded July 9, 1990 in Official
Records Book 6512, Page 32, as re-recorded October 5, 1990 in Official Records
Book 6603, Page 1058, of the Public Records of Palm BHach County, Florida.
18. Easement to Florida Power and Light Company recorded in Official Records Book
6876, Page 840, of the Public Records of Palm Beach County, Florida. (As to Tract
B)
19. Easement to Florida Power and Light Company recorded in Official Records Book
6876, Page 841, of the Public Records of Palm Beach County. Florida. (As to Tract
A)
20. Easement in favor of Florida Public Utilities Company, contained in instrument
recorded September 5, 1990 in Official Records Book Ei569, Page 1959, of the
Public Records of Palm Beach County, Florida. (As to Tract B)
21. Easement to Florida Power and Light Company recorded in Official Records 6876,
Page 843, of the Public Records of Palm Beach County, Florida. (As to Tracts A
and B)
FUND OWNER'S FORM
CONTINUA liON SHEET - SCHEDULE 8
e525,0100 264606.1
07/23/2003 07:46 FAX 9544524700
ROSS REALTY
I4i 009/012
'0
POLICY NO.: OPM-2129828
FILE NO.: 204461.0012
22. Easement in favor of City of Boynton Beach, contained in instrument recorded
September 18, 1990 in Official Records Book 7149, Page 1153, of the Public
Records of Palm Beach County, Florida. (As to Tracts A and B)
23. Tree Encroachment Agreement between VSB, Ltd., a Florida Limited Limited
Partnership and Lake Worth Drainage District as recorded in Official Records Book
7223, Page 1140, as assigned in Official Records Book B884, Page 210, Official
Records Book 11868. Page 296 and Official Records Book 13964, Page 565. of the
Public Records of Palm Beach County, Florida. (As to Tmct C)
24, Memorandum of Lease by and between Great Oak, LLC and the United States
Postal SelVice recorded in Official Records Book 11713, Page 437, of the Public
Records of Palm Beach County. Florida. (Tract B)
25. Terms, conditions. rights, duties and obligations ofthat certain Lease between VSB,
Ltd" a Florida Limited Partnership. Lessor, and EI Pallo Boynton, Inc., a Florida
Corporation, Lessee, as disclosed in Memorandum of L~ase recorded June 11,
1993 in Official Records Book nso, Page 1093, Amendment to Memorandum of
Lease recorded in Official Records Book 7976, Page 911. of the Public Records of
Palm Beach County, Florida.
26. Easement in favor of City of Boynton Beach, a Political Subdivision, from VSB. Ltd.,
a Florida Limited Partnership, recorded December 30, '993 in Official Records
Book 8057, Page 1479, of the Public Records of Palm Beach County, Florida. (As
to Tract A)
27. Terms, conditions, rights, duties and obligations ofthat certain Lease between VSB,
Ltd., Lessor and Ross Stores, Inc., a Delaware Corporation, Lessee. as disclosed
in Memorandum of Lease recorded June 24. 1995 in Official Records Book 8891,
Page 782, of the Public Records of Palm Beach County, Florida,
28, Easement in favor of Florida Public Utilities Company, contained in instrument
recorded in Official Records Book 6569, Page 1962, of the: Public Records of Palm
Beach County. Florida. (Tract B)
29, Subject to the Right-of-Way of the Lake Worth Drainagel District L-21 Canal, as
evidenced by instrument recorded in Official Records Beok 1732. Page 612 and
Official Records Book 6495, Page 761, of the Public Hecords of Palm Beach
County, Florida. (As to Tract C),
e;SZ5,0100 264606.1
07/23/2003 07:46 FAX 9544524700
ROSS REALTY
~ 010/012
...
FUND OWNER'S FORM
CONTINUATION SHEET - SCHEDULE 13
POLICY NO.: OPM-2129828
FILE NO,: 204461.0012
30. Notice of Lien Prohibition filed July 24. 2002 in Official Re(~ords Book 13956, Page
1710 of the Public Records of Palm Beach County, Florida.
31. Unity of TitJe filed July 24,2002 in Official Records Book '13956. Page 1693 of the
Public Records of Palm Beach County, Florida.
32. Reciprocal Easement Agreement dated July 23, 2002 by and bet'vVeen RM
BOYNTON SHOPPES, LLC, a Florida Limited Liability Company and P,F. #2, LLC,
a Florida Limited Liability Company and RM Boynton Shoppes Regal, LLC, a Florida
Limned Liability Company and P.F. #3. LLC, a Florida Limited Liability Company,
filed July 24, 2002 in Official Records Book 13956, PG ge 1697, of the Public
Records of Palm Beach County, Florida.
33. This Policy does not guarantee or insure personal proper:y.
NOTE: All records refer to the Public Records of Palm Beacl1 County, Florida, unless
otherwise indicated.
NOTE: This Policy consists of insert pages labeled Schedules A and B. This Policy is of no force and effect
unless bo1h pages are included along with any additional pages Incorporated by reference
6~2~.Qlg0 2~liQO.1
07/23/2003 07:46 FAX 9544524700
ROSS REALTY
hll1d may pursue lll\y litigation to final t. ,rminatiou hy a ('l)UI1 of
competent jurisdiction and cxp~y n-sef'1'C5 thc right, ill iL~ sole
discretion. to appeAl from ~n}' :'ld,'el'J\ejlldgmcnt M order_
(d) In ,,11 CMC! where this policy permits or require/> The fUtld 10
prosecute or provide for the defense of any action or proceeding. the
insured shall secut'e ro The Fund the right to ~o pl'osecute or provide
defense in the action or procecding. and all appc<lls therein, ;tnd
permit The Fund to u.$e, at its option, the name of the insured for this
putpOse- Whenever requested by The Fund. the insured, at The F..md's
expense, shall give The Fund all reasonable aid (i) in any action or
proceeding. securing eviden(;c, obtaining witnesses. prosecuting (lr
defending the action Or proceeding. or effecting liettlelneat, and (ii)
in any other lawful act which in the opinion of The Fund mav be
necessary or desirable to establish the titlc to the estate or imer~t as
insured. If The F(md i~ p'('('judk.<:d by the failur(O of the insured to
Eumish the required cooperation, The Fund's obligations to the
insured under the policy shall terminate, including any liability or
Qblig:>tiQn to defend, prosc<;ute. Qn;:Qntinue any litigation. with regard
to the roauer or roauers I'equirlng such cooperation,
5. Proof of Loss or 'Damage
In addition LO and after the notices required under Set:lion g of these
Conditions and StipulatioI11l have been provided The Fund, a proof of
10!5 or d3m2ge signed and sworn to by the insured claimant sh3ll be
furnished ro The Fund within 90 days after the insured clahualu shall
;l5Certain the facts gi~ng rise to the 10S$ or damage. The proof of loss
or damage shall describe the defect in. or lien or encumbrance on the
tide, or Qthermatterinsured again5t by this poli'}'which constitutes the
basis ofloss or damage and shall nate, to the extent possible. the basis
of calculating the amount of the lQ$$ or d4mage. If The Fund is
prejudiced b)' the failure of we insured claimam ro provide dle
required proof of loss or damage. The Fund's obligations to the
insured under the policy shall terminate, including any liability or
obligation to defend. prosecute. on;:QIlonue any liQgatlon. with re~d
to the matter or matters requiring such proof of loss or dmlage.
In ~dition. the insured claimant may r=sonably be requin::d toSl.lbmit
to examination under oam by 31\1 aurhorhed representative of 'the
Fund and shill produce for examination. inspection and copying, at
sueh reasonable times and placC$ as may be desigxute(i by any autho-
rized representad~ of The Fund. ill records, books, ledgers, checks.
corresponden~e and memoranda, whether bearing a thte before or
after Oll-t(; of poli'}', which reasoo...bly pc-r~n to the lo~ or damage.
Further, ifrequested by anyaumorized representative or'Ihe Fund, me
insured claim2nt shall gnat il$ permission, in writing, for any 3.uth~
rior:ed representative of The Fund to e;QU1ine. inspect and copy ill
records, books, ledgers, checks, COfl'eSpondence and memoranda in
the CllStody or control of a third party. which reasonably pertain to the
loss or damage. All information designated as confidential by the
insured claimant provided to The Fund pursuant to this Section shall
not be disclosed LO othen unle$$, in the ~b1e judgment of The
Fund, it is necessary in the administration of the claim. Failure of the
insured claimant to .'lubmit for examination under oath. produce other
reasonably l'eq~ted inf01'MatiQn or grant penniss.iQn to 5ecwe: rea-
sonably necessary information from third parties as required in this
paragraph shall LeJlIlinate any liability of The Fund under this policy a5
to that claim.
6. Options To Pay or Olherwise Seu1e aaims; Termination of
LbWiIq
In case ofa claim under this policy, The Fund shall ha~ the
following additional options:
(a) To Pay or Tender Payment of the Amount of Inmrance.
To payor tender payment of the amountofinsuranee l.1nder thiJo policy
together with any costs. attorneys' fecs and expenses incurred by the
iMured claimant, which were authorized by The Fund. up to the time
of payment or tender of payment and which The FWld is obligated to
pay.
Upon the excr-ose by The Fund of this option, all liability and obliga-
tions to the insured under this policy, other man to nuke the paymem
req1Jired. :sIuIl tenninate, including any liability or obligation to
defend. pro$Ccute. or condnue any litigation, and me policy shall be
surrendered to The Fund for amcelladon.
(b) To Pay or Otberwi:se Settle WIthPanies OtherdJan the Insured
or W'Llh the Insured Claim:mt.
(i) to payor Qthenvi5c $Cttle w.ith other partie;:; for Or in the;
~ame of an insured claimant any claim. insured against under this
policy. together with any C:osts, auomeys' rea and ex~fl$CS incurred
I4J 011/012
by j he insured c1ajn1~nh..,~ch wcrt' ;\lI.thori.tcd by Th(' rund up to the
lime ~,r payment and whi:h The Fund is obLig-.1tetl LO P,ty; or
(ii) LI) p~y l)r otherwise $tule with the insured c\aimalll the loss
ot' dllUlll[;e provided for under th,s policy, logelher ",ilh cUI)' costs.
llUOmrys' fecs and CXP(~Il!;(:s in('llIT(:d hy thc insured dllimant whkh
were 3luhoriu:d by The FllIld up to the lime or payment and which 111e
Fund is obligated to pay,
Upon the C7l:crcise by The Fund (If eil her of the options providcd for in
paragraphs (b) (i) or (ii). The fund's obligations [0 [he insured under
this policy for the chlimcd loss or damage, other thall the payments
required to be made, shaJ temlinate, including any liability or obliga-
tion to dciend. prooeCl1lt' or nmtinue :any litig-dtion,
7. Dete:nnination, Extent of Liability and Coinsurance
This policy is <l (;:(lIl\.rac~ 1)[ indemnity ag-dinSL acwal mOllt;lary lo~ or
damage slJ..stainedorincu rred by the insured claimant who has suffered
loss or d'lm;age by n';3.Son of matterS irlliured ;tgainst by Lhis policy and
only to the extent herein described.
(a) The liability ofTl1e Fund under this policy shall not exceed the
least of:
(i) the AmOlUll of Insurance stated in Schedule A; or.
(il) the differcno: between the value of the insured estate or
in teresta.~ insured and \111: vall)e of the insured cst<Lte or interest subject
to dle defect. lien or encJIDbrance insured against by this policy.
(6) (Thuparagraphth~C~_~frf)mFWritI4
po1iciss. )
(c) The Fund will pay only those COSts, attorneys' fees and expenses
inc:urred in accordance "lith Section 4 of these Cotlditiorlli and Stipu-
lations
8. A{tpornomnenl
If the land described in Schedule A consists of two or more parcels
whic:h are not used as a sit,gle siLeo 3i1d a los$ is E:SlAblished alfectiPg OqC
or more of the parcels but not all. the loss shall be computed and settled
on a pro rata basis as if d:,e amount of irlliutance under mi! policy was
divided pro rata as to thCl'lllue on Date of Policy of each separate parcel
to the whole, c:xclusive of any improvements m;;uk 5uh5equent to Date
of Policy, unless aliabilitl, or value has otherwise been agreed upon as
to each parcel by The Fund and the insured at the time of the issuance
of this policy and shown l:f an express statement or by an endorsement
:attached to this policy_
9. limitation of Liability
(a) If The Fund establishes the title. or remQVC!; the alleged defect,
lien or encumbrance, or (:uTes the lack ofa right of access to or from the
land, or cures the claim ur unmarketability of title, all as insured, in ;a
reasooably mligcnt rmtnner by any method. induding litigation and
the compledon of any ap peals therefrom, it shall have fully peIfonned
its obligations with Te5pec:t to that matter and shall not be liable for any
loss or damage caused th ereby.
(b) In the C'Veut ot ;;u;,y litigatiop, including litigation by The Fund
or with The Fund's roIUetH. The Fund shall have no liability for loss or
damage until there has been a final detennination by a coun of
CQmpeteI:\tjurisdiaion, ;lt1d disposition of all appeals therefrom. ad-
verse to me ode as insu"'~d.
(c) The Fund:ihall nDt be liable for 103s or damage to any insured
for liability volun1arily as.lumed by rhe insured in settling any daim or
iUit without the priorwritten consent of The Fund.
10. Reduction of Insurance; Reduction or Termination of Liability
All payments under this policy. except payments nu:(ie for costs.
attorneys' feeund expeI1 ses. shall reduce the amount of the insurance
pro taIltQ.
11. LiabilityNoncwnulalive
It ~ expl'C$5ly under.;tO<;o th~t the amount of insurance under Utis
poli'}' shall be reduced hy any amount The Fund may pay under any
policy insuring a mortga:~e to which exception is taken in Schedule B
or to which the insuredh:lS agreed, asswned, or raken subject, or which
is hereafter executed by Ii n insured and which is a charge or lien on the
estate or interest descri ~ or reFerred to in Schedule A. and the
aJ:llOunt $0 paid $hall be deemed a payment l.mder this policy to the
mwred owner.
U. Payment of l.tJss
(a) No payment shall be made without prod1.u;ing thi>> policy fof
endonement of the payment unless the policy has been lost or de-
stroyed, in which ease pmof Oflo5$ or de$ttu(:uon $hal.l be fumished to
the llatisfaction of The Flmd.
(b) When liability :lJld Lht: eXteOl of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations,
07/23/2003 07:46 FAX 9544524700
ROSS REALTY
the loss or damage shill be payable W" SO days thereafter.
13. Subrogadon Upon Payment or ~
(a) The Fund's lUgbt of Subrogation.
Whenever The Fund shall have seltled and paid a daim under this
policy, all right ofsubrogation shall vest in The Fund l.UWteeted by:any
act of the insured claimant.
The Fund shall be subrogated to and be entWed to all rights and
remedies which the insured claimant would have had against any
penon 0[' propeny in rc:~ to thl; claim had this policy DOl: been
i$~ued. If requested by The Fund. the insmed claimant shall tranSfer LO
The Fund all righrs and remedies ~t any pemm or property
llec~ in order to perfect thi$ right of subrogation. The insured
clllimant shall permit The Fund to sue, compromise (lr settle in the
name of the insured cl~mant :and t(l ~ the name of the insured
daimant in allY mln~ction or litigation involving these rights or
remedies,
If a payment on account of a claim does not fully ~'er the lQ$S of the
insured claimant, The Fund .shall be subrogated to these rights and
remet;iies in the proportion which The Fund's payment b~ to !he
whole amounlofthe loss.
If 105$ should result from any act of the insured claim:u'l.t, as Stared
above. that act shall nOI void this policy, but The Fund, in that event,
shall be required [0 p~y only tluit part of any looses insured against by
thi~ policy which shall exceed the amount, if any. lost to The Furtd by
reason of the impairment by the ii1Sured daimant of The Fund '5 right
of subrogation. .
(b) The Fund's Rights Agaio5t Non-insured Obligors.
The Fund's right of subrogation against non-imured obligon shall
exist and $~l include, without limitation. the rights. of the insured ro
indemnities. guaranties, other policies ofi~ur~nce or bonds. notwith-
standing any tenns or conditions contained in those instrUments which
provide for subrogation right!; by U:a1IOI1 of this policy.
14 Arbimtioo
lJnksg proltibiud lYy afip&abk latzJ, Drlritr.., J1r'm<<mt u, the Title Jmvr.
anz:e Arl7itrutian IbJq Qj ~ ~ Arl1iIrGtitm ~ 7IUJ)' w
l4J 012/012
demtllldetl if agreed ~th T1u; ADtIl t1nJl IM'inmrtil. Aibilrtzble lIItIJIen
mtl)'inclade, ~an:lIOtrimitedU" CIIJ contnJwny ordcrim~7M1imcf
and theinmrtd arisingfrolt oforrelDtillgto tltispoliq, tm4~t.If"IM Frmd
in COJJMdion with its is~ qr 1M breath of 4 polit.y pravintm or ot/u!r
obUgatioB. Arbitration pllt"SlUlllt to IhUpolit;y IUIii VItI:kr the Ru1u~ eJf<<:f-
the dak the demandfur' ~ if WlIlIh or, fit Ill/r optitm t)fdw iAanii,
t1u RuIu in rff<<.t at DtJu of Po1iq JIuUl be binding upon the JH:ITfi-. 1M
awanl moyindudlil atltR'tIIIrJS'ftuonly ifdm ~ ofdas.stt* in which the bul
is lotxJted permit II amrt to fIJIJflfd attunzqs' fees to II prr:oailing JHIrl!1.
.JuilgmmluJ>>n tht tlUJtI1'.~ rendered by tluArbitrtJlor(.) may be ~ in,.,.
court ~jur4clidirHl tMnoJ.
The law of the situs of the land shall apply to an arbitration under me
Title Insurance Arbitt;w.on Rules.
A copy of the Rules m;ly be obtaioed from The Fund. upon request.
15. Liability Limited. l;l) this PoHey; Policy EDIire Contract
(a) This polky tOl~ther with all c:ndom:ments. if any, attaehed
herem by The Fund is the enure policy and contra(;\; bctwccrt the
insured and The Fund. In interpreting any provisiQn of this policy, this
policy shall be construed as a whole. .
(b) Any claim of h~ or damage, whether or not based. on negli-
gence. and which arises OUt of the statuS of the title to the estate or
interest eovered heret:y or by any action asserting such claim, shall be
restricted to thi5 PQIi"f.
(c) No amendmerlt of or endorsement LO this policy can Ix made
except by a writing e;JdQrsed hereon or atw.ched hereto $igned by
either the President, a Vice President, or Agent of The Fund,
16. S~ility
In the arel1tany prowl'.on of the policy is held invalid or unenforeeable
under applicable law, the policy shall be deemed not to incl\1de that
pr(lvi$ion and all othel' pt(lVi$ion$ shall rem:ai1\ in full tOfte and effeer...
17. Notices, Where Sent
All DOtiCes Tequj~ to l)e given The F\1Dd and any state:ttJ.ent in writing
required to be furnished The Fund shall include the number of this
policy and shall be adcIt;S$ed tQ The FWld at it!; principal olfice at Pon
Office Box 628600, Orlando. Florida 32862-8600.
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