LEGAL APPROVAL
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RESOLUTION R 01- Ola
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE TWO AGREEMENTS
AND MUTUAL RELEASES BETWEEN THE CITY OF
BOYNTON BEACH AND SAUSALITO PLACE
HOMEOWNERS ASSOCIATION, FIRST UNION BANK
AND HOME DYNAMICS CORPORATION,
DELINEATING EACH PARTIES RESPONSIBILITIES
IN REGARD TO THE COMPLETION OF REQUIRED
SITE AND LOT IMPROVEMENTS AT THE
SAUSALITO PLACE SUBDIVISION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Four Waves at Sausalito Place Limited, the original developer
of Sausalito Place Subdivision constructed homes and developed the Sausalito
Place Subdivision until approximately July, 1998, when it abandoned the project
and defaulted under its construction loans with First Union Bank; and
WHEREAS, City staff has been involved in negotiations to reach an
Agreement with all of the parties, delineating various responsibilities to each party
with regard to the completion of the required subdivision improvements;
NOW, THEREFORE, BE IT RESOL VED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute two
Agreements and General Releases between the City of Boynton Beach, Sausalito
Place Homeowners Association, First Union Bank and Home Dynamics
Corporation, copies of said Agreements being attached hereto as composite Exhibit
"A".
Section 2.
This Resolution will become effective immediately upon
passage.
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PASSED AND ADOPTED this ,~ day of January, 2001
ACH, FLORIDA
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Commissioner ".
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OCCUPANCY AGREEMENT
THIS OCCUPANCY AGREEMENT ("Lease") dated September , 2000, is made and entered
into by and between First Union Nationa~ Bank, a nationa~ banking association,
its successors and assigns ("Landlord"), and Ho1Zle Dynamics Corporation, a F~orida.
corpora tion ("Tenant").
WITNESSETH:
As partial consideration for the performance by Landlord and Tenant of their
respective obligations under the terms of that certain Workout Agreement (the
"Workout Agreement") by and among the Landlord, Tenant, Sausalito Place
Homeowners Association, Inc. and the City of Boynton Beach, Florida (the "City") ,
Landlord hereby agrees to permit Tenant to occupy the Premises described in
Section I below subj ect to the terms, covenants, agreements and conditions
hereinafter set forth:
1. DEFINITIONS. Unless the context otherwise specifies or requires, the
following terms shall have the meanings herein specified:
1.1 "Lease Commencement Date" shall mean the date hereof; "Lease
Termination Date" shall mean the earlier of (i) the date upon which title to the
Premises shall be conveyed to the City pursuant to the quit-claim deed referred
to in Section 2 of the Workout Agreement, (ii) the date upon which the Premises
shall have been conveyed by the Landlord to Tenant pursuant to that certain
purchase and sale agreement (the "Sales Contract") dated July 29, 1999 by and
between Landlord and Tenant, (iii) such date as Landlord's obligation to convey
the Premises to Tenant pursuant to the Sales Contract may be terminated, in
accordance with the terms thereof, or (iv) the date this Lease may be terminated
by Landlord following the occurrence of an Event of Default (as defined in
Section 7.1).
1.2 "Premises" shall mean collectively, that certain real property
described as Lot 9, Sausalito Place P.U.D., as recorded in Plat Book 76, at Page
47, of the Public Records of Palm Beach County, Florida, together with any
residential or commercial structure or other improvements constructed or to be
constructed on such real property, and all appurtenances relating thereto.
1.3 "Term" shall mean that time period between the Lease Commencement
Date and the Lease Termination Date.
2. TERM. The term of this Lease shall commence on the Lease Commencement Date
and subject to the provisions hereinafter contained, shall terminate on the Lease
Termination Date.
3. USE. Tenant shall use the Premises as Tenant's sales office for homes held
for sale by Tenant in the community known as Sausalito Place in Boynton Beach,
Florida and all legal uses directly related thereto (collectively, the "Permitted
Purpose"), and for no other purpose without the prior written consent of
Landlord. Prior to Tenant's use of the Premises for the Permitted Purpose,
Tenant shall have obtained and shall maintain, throughout the Term hereof, all
permits, licenses, certificates of occupancy and other governmental approvals,
consents and licenses which may be required to carry out the Permitted Purpose.
4. RENT. No rent shall be payable by Tenant hereunder during the Term of this
Lease; provided, however, that Tenant shall be liable for and pay for all costs
and expenses attributable to the Premises during the Term of this Lease,
including, but not limited to, (i) all homeowners association fees and
assessments (regular or special) payable from time to time to Sausalito Place
Homeowners Association Inc., (ii) all fees and charges payable in connection with
water, sewer, electrical, telephone and waste removal utility services and (iii)
any code enforcement or other liens or charges that may be imposed upon the
Premises during the Term.
5. UTILITIES. Landlord makes no representations as to the availabili ty to the
Premises of water, sewer, electrical, waste removal or other utility services and
in no event shall Landlord be liable, because of any inability to hook up or
connect to such utility services or for any interruption or cessation of such
utility services.
6. INSURANCE; INDEMNITY.
6.1 Tenant will, at its sole cost and expense, procure and maintain (i)
special (formerly known as "all risk") insurance with respect to the Premises in
an amount not less than the full replacement value of the Premises and (ii)
commercial liability and property damage insurance against claims for bodily
injury, death or property damage occurring in the Premises, in an amount not less
than One Million Dollars ($1,000,000.00) combined single limit, with commercially
reasonable deductibles.
6.2 Tenant's insurance shall be with an Alfred M. Best's "A-" rated
company licensed to transact business in the State of Florida. Landlord shall
be named as additional insured under Tenant's insurance, and such insurance shall
be primary and non-contributing with any insurance carried by Landlord. Tenant's
insurance policies shall contain endorsements requiring thirty (30) days notice
to Landlord prior to any cancellation or any reduction in amount of coverage.
Within thirty (30) days after demand therefor by Landlord, the Tenant shall
furnish Landlord with evidence that such demand has been complied with.
6.3 Tenant as a material part of the consideration to be rendered to
Landlord, hereby agrees that it will indemnify Landlord and save it harmless from
and against any and all claims actions, damages, liability and expense in
connection with loss of life, personal injury and or damage to property arising
from or out of any occurrence in, upon or at the Premises, or the occupancy or
use by Tenant of the Premises or any part thereof, or occasioned wholly or in
part by any act or omission of Tenant, its agents, contractors, employees,
servants, lessees or concessionaires. In case Landlord shall, without fault on
its part, be made a party to any litigation commenced by or against Tenant, then
Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses
and reasonable attorney's fees incurred or paid by Landlord in connection with
such litigation. In addition, Tenant, as a material part of the consideration
to be rendered to Landlord, hereby waives all claims against Landlord for
personal injury or death, property damage or other loss to Tenant, its agents,
employees, officers, contractors, licensees, invitees or third persons in or
about the Premises from any cause, except Landlord's gross negligence or willful
misconduct, arising at any time.
7. WAIVER OF SUBROGATION. Tenant and Landlord release each other and waive
any right of recovery against each other for loss or damage to their respective
property, which occurs on or about the Premises (whether due to the negligence
of either party, their agents, employees, officers, contractors, licensees,
invitees or otherwise), to the extent that such loss or damage is reimbursed by
insurance proceeds.
8. REPAIRS. Tenant, at its sole cost and expense, shall keep the Premises at
all times in a neat, clean and sanitary condition in accordance with the
regulations and laws of all applicable governmental agencies, and Tenant shall
neither commit nor permit any waste or nuisance thereon. Tenant shall, at its
sole cost and expense, repair and replace all damage or injury to the Premises
and to fixtures and equipment caused by Tenant or its employees, agents,
invitees, licensees, subtenants, contractors, or subcontractors, or assignees.
If Tenant fails to make, maintain or keep the Premises in good repair and such
failure continues for five (5) days after written notice from Landlord, Landlord
may perform, but is not obligated to perform any such required maintenance and
repairs, and the cost thereof shall be payable by Tenant within ten (10) days of
receipt of an invoice from Landlord.
9. TENANT'S PROPERTY. Furnishings, trade fixtures and equipment installed by
Tenant shall be and remain the property of Tenant. On expiration of the Term,
if there is then no Event of Default, Tenant may remove any such property and
shall repair the Premises to the same condition as when the Term commenced,
ordinary wear and tear excepted. If Tenant fails to close on its acquisition of
the Premises in accordance with the terms of the Sales Contract and fails to
remove such property as required under this Lease, Landlord may do so and keep
and use or dispose of the same in its sole discretion without any liability to
Landlord on account thereof.
10. ALTERATIONS BY TENANT. Tenant shall not make any material structural or
aesthetic improvement, alteration, addition, or installation in the Premises
wi thout the prior written consent of Landlord, which consent shall not be
unreasonably withheld or delayed.
11. ASSIGNMENT; SUBLETTING. Tenant shall not, directly or indirectly, assign
or sublet under this Lease or any part thereof, nor permit all or any part of the
Premises to be used or occupied by another, without first obtaining the written
consent of Landlord. Any mortgage, pledge or assignment of this Lease shall
constitute an assignment for the purposes of this Section. Any assignment or
subletting made without such Landlord's consent, shall be voidable by Landlord.
12. LIENS. Notwithstanding any provision of this Lease to the contrary, Tenant
shall not, under any circumstances, have the power to subject the interest of
Landlord in the Premises to any construction or materialmen's liens or liens of
any kind nor shall any provision in this Lease ever be construed as empowering
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the Tenant to encumber or cause the Tenant to encumber the title or interest of
Landlord in the Premises. In order to comply with the provisions of
Section 713.10 Florida Statutes, it is specifically provided that neither the
Tenant nor anyone claiming by, through or under the Tenant, including but not
limi ted to contractors, subcontractors, materialmen, mechanics and laborers,
shall have any right to file or place any kind of lien whatsoever upon the
Premises, and any such liens are specifically prohibited. All parties with whom
the Tenant may deal are put on notice that the Tenant has no power to subject the
Landlord's interest to any claim or lien of any kind or character, and all such
persons so dealing with the Tenant must look solely to the credit of the Tenant,
and not to the Landlord's interest or assets. Tenant shall put all such parties
with whom the Tenant may deal on notice of the terms of this Section. If at any
time a lien or encumbrance is filed against the Premises or the Building as a
resul t of Tenant's work, materials or obligations, Tenant shall promptly
discharge said lien or encumbrance, and if said lien or encumbrance has not been
removed within thirty (30) days from the date it is filed, Tenant agrees to
deposit with Landlord cash in an amount equal to one hundred fifty percent (150%)
of the amount of the lien, to be held by Landlord (without interest to Tenant,
except as may be required by law) until the lien is discharged.
13. CASUALTY. If the Premises are destroyed or damaged in any material respect
by fire, hurricane or other casualty, either Landlord or Tenant may, terminate
this Lease by written notice to the other party hereto, effective as of the date
of such notice.
14. CONDEMNATION. If all or any part of the Premises shall be taken under
power of eminent domain or like power, or sold under imminent threat thereof to
any public authority or private entity having such power, this Lease shall
terminate, effective as of the date possession is required to be delivered to
such authority or entity. All condemnation awards and similar payments shall be
paid and belong to Landlord, except any amounts awarded or paid specifically for
Tenant's trade fixtures and relocation costs (provided such awards do not reduce
Landlord's award). Wi thout limiting the generality of the foregoing, all
leasehold interest awards shall belong to and be paid to Landlord, and Tenant
shall execute any assignment or other documentation requested by Landlord to
effectuate such award or payment.
15. ACCESS. Tenant shall permit Landlord to enter the Premises at all
reasonable times for the purpose of inspecting, altering and repairing the
Premises and of ascertaining compliance by Tenant with the provisions of this
Lease. Landlord may show the Premises to prospective purchasers at any time.
Landlord's rights of access granted pursuant to this Section are subject to (i)
reasonable advance notice provided to Tenant (not less than twenty four (24)
hours) and (ii) Tenant's right to have a representative of Tenant accompany
Landlord or its agents in connection with such acces s, except that the two
foregoing conditions shall not apply in the event of an emergency where Tenant
or its representatives are not available.
16. SIGNS. Upon expiration or termination of this
by Tenant shall, at Tenant's expense, be removed,
therefrom shall be promptly repaired.
Lease, all signs installed
and any damage resulting
17. TENANT'S DEFAULT.
17.1 All rights and remedies of Landlord herein enumerated shall be
cumulative, and none shall exclude any other rights or remedies allowed by law
or .in equity. The occurrence of any of the following shall constitute an "Event
of Default" of this Lease by Tenant: (i) Tenant shall default in the payment of
any sums to be paid by Tenant hereunder at the time and in the amount as herein
provided, which default is not cured within three (3) days after receipt of
notice of such default from Landlord; (ii) Tenant shall violate or fail to
perform any of the other conditions, covenants or agreements herein made by
Tenant, and such violation or failure shall continue for a period of ten (10)
days after written notice thereof to Tenant by Landlord or, if such violation or
failure shall reasonably require longer than ten (10) days to cure, if Tenant
shall fail to commence to cure same within ten (10) days after receipt of notice
thereof and continuously prosecute the curing of the same to completion within
ninety (90) days after the first occurrence of such violation or default; (iii)
Tenant shall make a general assignment for the benefit of its creditors or shall
file a petition for bankruptcy or other reorganization, liquidation, dissolution
or similar relief; (iv) a proceeding is filed against Tenant seeking any relief
mentioned in (iii) above and said proceeding is not discharged within ninety (90)
days of the filing thereof; (v) a trustee, receiver or liquidator shall be
appointed for Tenant on a substantial part of its property; or (vi) Tenant shall
mortgage, assign or otherwise encumber its leasehold interest.
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,
17.2 Following the occurrence of an Event of Default, the Landlord may,
in its sole discretion, re-enter and take possession of the Premises with or
without terminating this Lease, and remove any property contained therein. In
the event of such re-entry, Landlord shall have the right, but not the
obligation, to divide or subdivide the Premises in any manner Landlord may
determine, and to lease or let the same or portions thereof for such periods of
time and at such rentals and for such use and upon such covenants and conditions
as Landlord may elect in its sole discretion, applying the net rentals from such
letting in any manner determined by Landlord.
17.3 Any and all property which may be removed from the Premises by
Landlord, pursuant to the authority of this Lease or of law, to which Tenant is
or may be entitled, may be handled, removed or stored by Landlord at the sole
risk, cost and expense of Tenant, and Landlord shall in no event be responsible
for the value, preservation or safekeeping thereof. Tenant shall pay to
Landlord, upon demand, any and all expenses incurred in such removal and all
storage charges against such property. Any such property of Tenant not r'emoved
from the Premises or retaken from storage by Tenant within sixty (60) days after
the end of the Term shall be conclusively deemed to have been forever abandoned
by Tenant and may either be retained by Landlord as its property or may be
disposed of in such manner as Landlord may see fit in its sole discretion.
17.4 Tenant agrees, that if it shall at any time, fail to make any payment
or perform any other act on its part to be made or performed under this Lease,
Landlord may, but shall not be obligated to, and after reasonable notice or
demand and without waiving, or releasing Tenant from any obligation under this
Lease, make such payment or perform such other act to the extent Landlord, in its
sole discretion, may deem desirable, and in connection therewith, to pay expenses
and employ counsel. All sums so paid by Landlord and all reasonable expenses in
connection therewith shall be payable within ten (10) days after delivery to
Tenant of the invoice therefor.
17.5 Any payments required to be made by Tenant under the provisions of
this Lease not made by Tenant when and as due, shall from the date when the
particular amount became due to the date of payment thereof to Landlord bear
interest at the rate of fifteen percent (15%) per annum or the maximum lawful
rate of interest allowed by law (whichever is lower).
17.6 Mention in this Lease of any particular remedy shall not preclude
Landlord from any other remedy, in law or in equity. Tenant hereby expressly
waives any and all rights of redemption granted by or under any present or future
laws in the event of Tenant's being evicted or dispossessed for any cause, or in
the event of Landlord's obtaining possession of the Premises, by reason of the
violation by Tenant of any of the terms, covenants, agreements or conditions of
this Lease or otherwise. Notwithstanding the aforementioned, Tenant shall pay
all and singular the costs, charges, expenses, and attorneys' fees, reasonably
incurred or paid at any time by the Landlord, including initial collection
efforts and continuing through all litigation, appeals and any post-judgment
execution efforts until fully satisfied, because of the failure of the Tenant to
perform, comply with and abide by each and every of the terms, covenants,
agreements and conditions of this Lease.
18. QUIET ENJOYMENT. If and so long as Tenant pays all charges payable
hereunder and keeps and performs each and every term, covenant, agreement and
condition herein contained on the part of Tenant to be kept and performed, Tenant
shall quietly enjoy the Premises without hindrance by Landlord, subject to the
terms, covenants, agreements and conditions of this Lease and of the Workout
Agreement.
19. HOLDOVER TENANCY. If Tenant shall hold over after the expiration of the
Term, at Landlord's option, Tenant may be deemed to be occupying the Premises as
a tenant from month to month, which tenancy may be terminated by seven (7) days
notice. During such tenancy, Tenant agrees to pay to Landlord, monthly. in
advance, Rent in an amount equal to $2000.00, and to be bound by all of the
terms, covenants, agreements and conditions herein specified.
20. AMENDMENT; WAIVER. This Lease constitutes the entire agreement between the
parties regarding the occupancy of the premises. This Lease shall not be amended
or modified except in writing signed by both parties. Failure of Landlord to
exercise any of its rights in one or more instances shall not be construed as a
waiver of Landlord's right to strict performance of such rights or as to any
subsequent breach of any such rights.
21. NOTICES. All notices pursuant to this Lease shall be in writing and shall
be effective when mailed by Certified Mail (return receipt requested) or
delivered (i) to Tenant at Home Dynamics Corporation, ,
, Florida , Attn: (ii) to Landlord at the Premises with
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a copy to Mark P. Dikeman, Esquire, Stearns Weaver Miller Weissler Alhadeff &
Sitterson, P.A., Suite 2200, Museum Tower, 150 West Flagler Street, Miami,
Florida 33130; or (iii) to such other addresses as may hereafter be designated
by either party by written notice.
22. SEVERABILITY. The parties intend this Lease to be legally valid and
enforceable in accordance with all of its terms to the fullest extent permitted
by law. If any term hereof shall be invalid or unenforceable, the parties agree
that such term shall be stricken from this Lease, the same as if it never had
been contained herein. Such invalidity or unenforceability shall not extend to
any other term of this Lease, and the remaining terms hereof shall continue in
effect to the fullest extent permitted by law, the same as if such stricken term
never had been contained herein.
23. SUBORDINATION. The rights of Tenant hereunder are and shall be subj ect and
subordinate to the rights, title and interests of City from time to time under
or pursuant to the Workout Agreement or the quit-claim deed referred to therein.
This Section shall be self-operative and no further instrument of subordination
shall be required by the City, but Tenant agrees upon request of Landlord, from
time to time, to execute whatever documentation may be required to further effect
the provisions of this Section. '
24. TIME. Time is of the essence of this Lease and applies to all terms and
conditions contained herein. All "days" set forth in this Lease shall b~ deemed
to be "calendar days" unless specifically stated to the contrary.
25. SUCCESSORS AND ASSIGNS. All terms, provisions, covenants and conditions
to be observed and performed by each party hereunder shall be applicable to and
binding upon each such party's respective heirs, administrators, executors, and
permitted successors and assigns. All expressed covenants of this Lease shall
be deemed to be covenants running with the land.
26. RELATIONSHIP OF PARTIES. Anything in this Lease to the contrary
notwithstanding, it is agreed that Landlord shall in no event be deemed to be a
partner or engaged in a joint venture with, or an associate of Tenant in the
conduct of its business nor shall Landlord be liable for any debts incurred by
Tenant in the conduct of its business. Nothing contained in this Lease shall be
deemed or construed to confer upon Landlord any interest in the business of the
Tenant. The relationship of the parties during the Term shall at all times be
that of landlord and tenant.
27. WAIVER OF TRIAL BY JURY. It is mutually agreed by and between Landlord and
Tenant that the respective parties hereto shall and hereby DO WAIVE TRIAL BY JURY
in any action, proceeding or counterclaim brought by either of the parties hereto
against the other on any matters arising out of or in any way connected with this
Lease.
28. APPLICABLE LAW. This Lease shall be construed according to the laws of the
State of Florida, within which the Premises are located.
29. BROKER INDEMNIFICATION. Landlord and Tenant each respectively represents
and warrants to the other that no broker or agent negotiated or was instrumental
in negotiating or consummating this Lease, and each party hereto agrees to
indemnify the other against any loss, expense (including reasonable attorneys'
fees), cost or liability incurred by the other as a result of a claim by any
broker or finder claiming by or through such party.
30. SURRENDER OF PREMISES. Except in the event Tenant shall acquire the
Premises in accordance with the Sales Contract, Tenant agrees to surrender to
Landlord, at the end of the Term, the Premises in as good condition as the
Premises were at the Lease Commencement Date (or any later date upon which
construction of the proposed residence thereon shall have been completed),
ordinary wear and tear excepted.
31. ATTORNEYS' FEES. In the event of any litigation, mediation or other
proceedings to enforce the terms of this Lease, the party not prevailing in such
dispute shall pay any and all reasonable attorneys' fees and costs incurred by
the other party in enforcing or establishing its rights hereunder.
32. RECORDING/MEMORANDUM OF LEASE. At Landlord's request at any time during
the Term, Tenant agrees to immediately join in a Memorandum of Lease in form and
content satisfactory to Landlord, which Memorandum, at Landlord's sole
discretion, may be recorded in the Public Records of Palm Beach County, Florida.
In no event shall this Lease or any memorandum of this Lease be recorded without
Landlord's prior written consent, which consent shall be in the Landlord's sole
discretion.
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33. RADON GAS. Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks
to persons who are exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county
public health unit.
IN WITNESS WHEREOF, the respective parties have signed, sealed and
delivered this Lease on the date and year written below.
WITNESSES:
LANDLORD:
FIRST UNION NATIONAL BANK, a national
banking association
By:
Vice President
Dated:
, 2000
WITNESSES:
TENANT:
HOME DYNAMICS CORPORATION, a Florida
corporation
By:
its:
Dated:
, 2000
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1.0 consideration of the I ce of. pqit to
for the co~tion of l'e u ' w~ .
Ut dlc;tlt)' of Boynron Beach, f ri<fa, the U entped hezc qrees to ~l1he..,r III
Lot(s) J3~ . .Block(s), .S~bdiViliOll ?~/ql,jD "aCt
Or property being Oth~twiSI descri~d ~~C8 &9d ~unds'.~sscd u foU~ws:
-<;~~ t17UC/(llJF~/ ~o.f/l(.s(!4'1"'t:W . ~iQtbefonowinsDWlnCt:
1. Said property sball be eonsidcrcd as ODe plot UId parcel of 1IIId, IIId that no portion of said plot
and parcel of lan(,f sMlI be $014, tmIafemd, devUled or a.lancet separately. CX"J)t in its cm1rety
as ODe plot or pvcel afland.
2. The V.dent..ed ~r aerees that Ibis condltioa, ratrictlOD IDdllmitaCioD shall be dcerded a
COV~lU1t runnibJ with the IlIDd. and sball remaiJl ill fUll (orce IQd cfrlCt, and be bindinS upon the
Wld'l'1iJMd, tb~it heRs &ad _igns. ael~e ofthiJ UDity of Title DlUR be approved by m.
administrative ~ad of the Boynton Beach J)cp~, ofDeVtlopllJUt lIlnd ratified by the City
Convnisslon.
3.
The U.denlped further ~ to rcc:ord thia W1rument ill the Public Records ofPaJm Beach
COwtl)' .. his (her) e'X,peue.
51_. oeol<<I, _lllld lIObowIcd&ed OR 1hI.;2 7",,( day of ~
Boynton Bcach, Florida. _
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Name of officer IIIdaJ ~OWJ~llII1ea1_~ primed ttt..pe4
TkhI or rIIlk . SerialIlUJllIler. It.,
OF CI NOTARYSEAL
JOHN C VIDRINE
NOTARY PUBUC srATE OF FLORIDA
A:UNtIYm..WPS COMMISSION NO. CC693857
ln, JJn. 1123J96. W\'H:1ls MY 0 I 0 EXP. OV. .. 1
NAY-la-98 MON 8::2 AM
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AREA CALCULATIONS
AREA OF LOT 136 = 5, 539 S, F,
PORTION OF LOT 135 42 S, F,
NEW AREA OF LOT 136 = 5,580 S, F,
MINIMUM SETBACKS
FRONT . 20'
REAR = IS'
SIDE = 7,5'
SIDE = 15' CORNER
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THIS SURiO lEETS'll1E "NI"~'l[~,U ..i~ARDS AS SET FCUlTH Bl THE
FLORIDA BOAR! OF.'lI!lllfESSIIlMA\, U~ijlD_APflUlS IN. CHAPTER 6181H,
flORIDA AIlM'NI~TRA1~"E . ~ P~lRSUANT TO S!17~:' ;'~~1, FlORIO~~T~TUTES,
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ORB 10430 Pg 193
DOROTHY I' WILKEN, CLERK PB COUNTY, FL
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LOCATION MAP
NOT TO SCALE
OESCR I PT ION:
LOTS 136, SAUSALITO PLACE p, U,O., ACCORDING TO
THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 76,
PAGES 47 THROUGH 49, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA,
TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF
SAID LOT 135. SAUSALITO PLACE P. U, D" ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 76.
PAGES 47 THROUGH 49, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA,:
BEGINNING AT THE NORTHERNMOST CORNER OF SAID
LOT 135, SAID POINT LYING ON THE ARC OF 30,00
FOOT RADIUS CURVE; THENCE ALONG A RADIALLY
PROJECTED LINE, SAID LINE BEING THE NORTHERLY
BOUNDARY LINE OF SAID LOT 135 AND THE SOUTHERLY
BOUNDARY LINE OF LOT 136, SOUTH 52'40'13' EAST,
A DISTANCE OF 36,24 FEET; THENCE NORTH 61'56'07'
WEST, A DISTANCE OF 14,26 FEET; THENCE NORTH
46' 45' 3D' WEST,' A D I ST ANCE OF 22. 29' TO THE PO I NT
OF BEGINNING,
LEGEND:
{ Center Line
t On Li ne
f. Property Li ne
6 De I ta
Fence
Fire Hydrant
Manho I e
Catch Bas I n
Anchor and Guy Wire
Wood Power Po I e
Concrete Power Po I e
Water Meter
Cable T,V,
Te I ephone
o Conc~ete ~
~
mno
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~
IllI
o
~
~
.y~ Existing Elevation
...,'l" Proposed Elevation
...
~ Tree [s I ze G type shown)
SKETCH OF DESCRIPTIDN
LOT 156 & A POOTION OF LOT 135
SAUSALITO PLACE P.U.D.
BOYNTON BEACH. FLORIDA
'.I(
JOB NO, 9B-05-122
DATE:
MAY 27, 199B
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APPROXIMATE EDGE L
ABBRE:V I AT IONS:
i A.- Arc Length
A,C, " Air Conditioner
AlB "As-Built
AOJ, '. - Adj acent
B. C, = Back of Curb
B, C, R. " Broward County Records
B, M, " Bench Mark
CA.T,V. "Cable Television
C. B. " Catch Bas I n
C. B. S, " Concrete Block Structure
C, E. " Cana I Easement
C, F, T, " Calculated Field Traverse
CH, = Chord
CH, BRG. : " Chord Bear I ng
C. L " Cast Iron
C, L F, " Chain Link Fence
C, M, " Concrete Monutent
COL " Coluln
CONC, . " Concrete
IC) " Calculated
0, E. = Ora I nage Easelent
0, U. & M, E. - Drainage Utility and
Maintenance Easeaent
- Deed
- Edge of Curb
- Elevation
. " Edge of lIater
" Ea,sement
= Edge of Pavement
" Finish Floor
" FI re Hydrant
" Found
" Invert
" Iron PIpe
" Iron Rod
" I ron Rod and Cap
. = L1tl ted Access Easelent
" Lowest F I oar
. " Lake Ma I ntenance Easelent
" Man Hole
" Ma I ntenance Easement
" Measured
" National Geodetic Vertical Datum
" Not To Scale
" Nail and Tin Tab
- Nail and Disc
" Overhead III re
" Pavel8nt
" PI at Book
- Pa 1m Beach County Records
. Po I nt of Curve
" Pertanent Contro I Po I nt
" Page
= Point of Intersection
- Po I nt of Comaenc8lent
" Point of Beglnlng
" Point of Reverse Curvature
" Permanent Reference Monument
" Plat
" Radius
- Range
= Roof Overhang Easement
- Radius Point
" Rlght-of-lIay
" Record
" Section
" Sidewalk
" Top of Bank
- Top of Curb
= Te I ephone
. " Top of Gutter
" Top of Rock
- Top of Pipe
- Townsh ip
- Typical
- Ut III ty Easement
" UtIlity and Maintenance
Easement
" Hater Meter
" Hood Fence
(0)
EIC
EL
E. 0, II,
ESMT,
E, p,
F, F,
F, H,
FNO,
INV,
L p,
LA.
LA. C.
LA,E,
LF,
L M, E.
N, H,
N, E,
(M)
N, G, V, 0,
N, T, S,
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PAV' NT
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p, 8, C, R.
p, C,
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p, 0, B.
p, R, C,
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R. p,
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SEC,
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U, E,
U, & M. E,
II, N,
II, F,
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CERTIFIED TO:
FOUR WAVES AT SAUSALITO PLACE~ LIMITED
RELIANCE TITLE COMPANY
FIRST UNION NATIONAL BANK OF FLORIDA
A K E
+
R=30.00'
A-32' 25' .U' ./
A-i6. 98' ~
rlATER
L
LOT 134
n~NDER CONSTRUCTION"
~
rnffi~lE[LDrnlE
ENGINEERING I LAND SURVEYING. INC.
1400 NW 1ST COURT - BOCA RATON, FLORIDA 33432 - (561) 417-0700
ORB 10430 Pg
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192
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REMAINDER OF LOT 135
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DRAWN BY: \'1. G. M,
CAD FILE: 135-136
0' 10' 20'
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NOTES/~EV I S II
CHECKED BY:
F, B,
J, C, 0,
PG,
60'
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SCALE: 111 = 20'
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FOUR WAVES
APR-21-98TUE 1:18PM r 111
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FAX NO, 3057264171
l561-3S8~1
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