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LEGAL APPROVAL "'~ 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. < " I ~, PASSED AND ADOPTED this ,~ day of January, 2001 ACH, FLORIDA ~~-- ~") Commissioner ". 1::er -L~ Commissioner Corporate Seal) ~ \ \ \ \ \ 1111' Iff 1111. ~~~ ~OYNr-OII~ alr~~'~a,oo~ ~.)., ...-:oowvlff.... 0\ ~ ::: J.. .~ ~'"'l \'(\ ~ ==_,1 j~::: =0 0: - ;r- \ .!92q t ~ I:- ......... ~ ~III: l.ORIO~ '!..,# 1110'" /1111\ \\\\\'\ 2 ., J? () /-0" " 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 -2- 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. -3- , 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 -4- 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. -5- 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 G: \ w- LIT\ 09627\ 43 9\ ace < k < wpd -6- Return tojenclose self-addressed stamped envelope) li,-1ITle ' Jun-01'98 10:31al 9a-2011 73 OR~0430 Pg 191 , 11111111111111 111111111I11111 III1IIIII1I1I1I 11111 I III " r--,. ,?,. '"" , -d. .-___- ~:1 q-<.,.. <:- r <.J' {,' 'r .- '-(' "'-' r~ X \ Q "tJdress: ) 1~JJ~ J- ~~ (JfJ~Jljj .,;}:) 3"~ ~~i\d- Lt: I 0J ,~'.IS. ~(:3 5 Y 0 1 ~o ~:~ . ..-' --:", B5/28/1998 16:47 9544747166 85/18/1998 89:19 5613756259 PBP..IUt.Th.D,ri ~ o. DR"'V2ILO.~ :aUX:LDXNGo D:rv%8XOH JILL RICKEL BOVNTc:tl BEoACH ... It. " PAGE Ell """'-L IW' ) -.." 'I 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 $014, tmIafemd, devUled or a.lancet separately. CX"J)t in its cm1rety as ODe plot or pvcel afland. 2. The V.dent..ed ~r aerees that Ibis condltioa, ratrictlOD IDdllmitaCioD shall be dcerded a COV~lU1t runnibJ with the IlIDd. and sball remaiJl ill fUll (orce IQd cfrlCt, and be bindinS upon the Wld'l'1iJMd, tb~it heRs &ad _igns. ael~e ofthiJ UDity of Title DlUR be approved by m. administrative ~ad of the Boynton Beach J)cp~, ofDeVtlopllJUt lIlnd ratified by the City Convnisslon. 3. The U.denlped further ~ to rcc:ord thia W1rument ill the Public Records ofPaJm Beach COwtl)' .. his (her) e'X,peue. 51_. oeol<<I, _lllld lIObowIcd&ed OR 1hI.;2 7",,( day of ~ Boynton Bcach, Florida. _ 7~ I- . J9i8.. at ff A TE 0' FLoIUD.... COwrY OF PALM eeACH ~~~"_''''''!I'''''''''''' 2#~ f'r?, ~,... ',til . wba II ~,.Imo,,", tel III. CII' P'Vda* ''>PO -.......-.0)......._... ....~:... llEAl.l ~ . Sip... ofpen9ll raIc...lCbowl~C Name of officer IIIdaJ ~OWJ~llII1ea1_~ primed ttt..pe4 TkhI or rIIlk . SerialIlUJllIler. It., OF CI NOTARYSEAL JOHN C VIDRINE NOTARY PUBUC srATE OF FLORIDA A:UNtIYm..WPS COMMISSION NO. CC693857 ln, JJn. 1123J96. W\'H:1ls MY 0 I 0 EXP. OV. .. 1 NAY-la-98 MON 8::2 AM ~613756259 , 2 I ,I ~ MAY-28-98 THU 4:00 PM 9544747166 P. AREA CALCULATIONS AREA OF LOT 136 = 5, 539 S, F, PORTION OF LOT 135 42 S, F, NEW AREA OF LOT 136 = 5,580 S, F, MINIMUM SETBACKS FRONT . 20' REAR = IS' SIDE = 7,5' SIDE = 15' CORNER [L[ll(bIE [p a Oija rna iERPRfSES. -I-NC.- , 7.5' DRA IN~GE EASEMENT I -- -, 7, 5' DRA' NAGE EASEMENT - - 25, 00' -:.,. ----~----~- - ~ N86' 34' 32' II - FNo p, C. p, I 25, 01' '4945 I >- ~ ~ I i'5 co I.&J I ..... I ~ ,~~, ,~ i ; I'~~~ ~~ ~I~ ~ ~ ~I~ I c, ;.... ~ I I~ ~I ~ : c90 ^t\ .. - 2.5,.QQ' - - FNo p, C, p, " - '""$'" I ~ C\l.. '4945 ~. , . 0,' " <<::) " I ~ " / -:/~- N1J;f ~ ~. ;:,~ <'o!~1 RAo/At IS;;;- /"" ~ ~ ;-r /I ~~;; BRG, ~ ct' . <c , / ,4'6/,,,, ....::-' "'-"6- "<::1 / / 2s: 28-0(1; I "\ ~7'99 II / 'FNoN!T I I / / //~~^' / / / <v~ / <v~s / / '\' \\\..\ / I~ r\J I~~" \~~ 136 'ROPERTY tS I / A~~ '0' .....'\ . %1,";< ~ , ,...<0',1,,<0 ~ . <:>1, . /<0<0 g\~ ,,; <- \ , 1."~ ~ t>~ \/ \ ~ ' ~ 0'\ / NS: , .> CElj1\F'IjAJI,Ij!l, 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, ," <( : ';'< '(, , .' "'''-,, .~- . . ~.., '" ,.. . - .,' 1, I v'" ..... . l- _u_ __ ____~' _~OEPH~~ ~".:::.~:'. .:-~..., UNL IT ~~~ THE t:~llUlE:j~: Ttif;'Q/lIBINAl ,;;.'i~EI) :ieAL^ Of A ~~~ ''''~~~~~~:tS~m~~~s 6~~ ~~':~8i1oi~~ii~ij:-PLA!~ OR MAP IS ,'":,, " . . Or .. "':: '.... ...~. C") - 6... 1II "C"\\- . I t ~~" ,..:,; ". ORB 10430 Pg 193 DOROTHY I' WILKEN, CLERK PB COUNTY, FL .~ ~i 13- 131 81 ~ i I I " , 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 E-- ~ 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 '''I - -~-~.l~-\n " .. --, ~"J~()-::' t! ,t. ,!;,H . J 1!,i1~':'!? ~ IA!J_ J ! tJ3)j .::~ h A h ,: U H u U "., j ~ 61 J -~'--- -~. l1; r, ~-'~P7---'i...~ 1. a:iU)O " ";j ; F i'(}:,;~:.l j') <\~,~1J,:',~:'~ ,;, ~,! :;:,~~",,~(.: ;):.; ", ,:''','' t"[!i~ It::lii~ )\j:}~',,)''': 'l;...J""~i i .c.~ ,," ..~':,...:y..:,i.~ -'. ...- V@H)l! :lil j! t.!~ 'A I rF:'!:J w"~:j:~ ir'n'~tl,: '\J i > :' ....,... -" - ,-) .' ..,- -". -... .. . ,.I .. "..... n',".: ' ~ . '.~ _ tl ~ ~ ( ~'S \ \t-..'::j.' ~o _ ,.,],,,.,,' '. ' v .(;:;:,::~ :~'":"''''.>' 11"'f .::;"'r~ ",<{.t , f o (S9/- fJt.1; ;OJ 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, N, T, T, N/D OH PAV' NT P.8, p, 8, C, R. p, C, p, C, p, PG, P. L ' P. 0, C, p, 0, B. p, R, C, P,R. M, (P) R RGE, R. D. E, R. p, RIll (R) SEC, s, II, TIB TIC TELE,. T/G T/R ' T, 0, p, THP, TYP, U, E, U, & M. E, II, N, II, F, 8 ~ E3 E3 E3 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 .., 192 ill[(]~illILU1T[D [P - - - - - -mUFf l4AVE-S-~ _ _ Nal' 56' 251 W Uf04' -- -- NON-RADIAL ---- ------ LOT SUBJECT I 1 I I I ~I ~I ::z I I /// --- '- ~---_/ \\;~ -I - - - _ _ _ _ - - ,,~ '/ '\)y lAolj:. R.go,00" ::-- - " " Sa 4'6',. '\~ 'tIllt I./. + I. $6" ,,'6'.5; ~ 4 .cS 10CE' <( .!)i:OfJ~. 1.1 " ~'6'''O'~ 'lf11 litE'I' c;"(,. " ,.. O,y 'Y If i Of:' ( lIlt). .. 01 I NOIf;; .TS It ( I NE' (01 J REMAINDER OF LOT 135 V A.C ANT I 20,16' ~20~ I , I o ~I "'I I~\" ~ ~"" <<~,,~' 20,16' N86020'13"W r-- I , I o ~I '" ..It I ~, ,",' I~\~ ~<( .~ \ \\). ~~\ :/ ~ ---- - DRAWN BY: \'1. G. M, CAD FILE: 135-136 0' 10' 20' ~ -~r.w~.:tf""~I!'AS:~~_ NOTES/~EV I S II CHECKED BY: F, B, J, C, 0, PG, 60' .--d --.---'"..-" SCALE: 111 = 20' o . 'J. p' (' Lf"'7('t;;...... /P~ 7 /c..- ~ 6 c .r r ;( r C. ,I'-c- "" I) () --' C~k V;'c/:)r; "lC U r' . y /'YJpk.-S.~ r-7 (~ , / ( ) ~ '\(2:r-, ~ -fa 6-cj '-5 'T rry~prfr &cn "~'7' - tfyC"- . / /lJ.pc. ~/0- '7-. I deA CI~;- rf:)( -It ~ J \) ~(\ -I ~ "- " t(-. X p~ ... ~ FOUR WAVES APR-21-98TUE 1:18PM r 111 21 sa OS:24a A/,r- FAX NO, 3057264171 l561-3S8~1 p, 10.3 .. ~"" tc,.l JV tt.'-' ~\) Cr 0 ~~ ~Vl iltP V)l~ LU I I" I ~\f., 6 ~J\ \;(, , ~ \.It .-{('. ~A v ,t> tp' ". 110.04' (P) S 87"56'25' E (P) '~ · i !E i I ! ~ I K' ..... ~ . - ~ ". ~ -- -- J>~I>OS(f) / 4 CON~f1'F: J' Wlor SIO~~ I / / UJ LOT 1.35 ~ I ./ I ,/ / 0, ,.".... W (P) ~ L -- ~) - .-/ ~ ---- - ---