08-26-15 Special Meeting AgendaCITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
SPECIAL MEETING - WEDNESDAY, AUGUST 26, 2015
4:00 P.M. DELRAY BEACH CITY HALL
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City.
Contact the City Manager at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably
accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, the Mayor has instructed me to announce a Special
Meeting of the City Commission to be held for the following purposes:
1. Public Comments
2. Atlantic Crossing Project: Letter from Mike Covelli dated August 21, 2015. Motion to
Exercise the City's reconveyance rights pursuant to the "Declaration of Reserved Rights
And Agreement Not To Encumber The Abandoned Alley" executed by the City on February
24, 2009.
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is based. The City neither provides nor prepares such record.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: August 25, 2015
SUBJECT: AGENDA ITEM SP. 2 - SPECIAL MEETING OF AUGUST 26, 2015
ATLANTIC CROSSING PROJECT
BACKGROUND
The item before the City Commission is the Atlantic Crossing Project: Letter from Mike Covelli dated
August 21, 2015. Motion to Exercise the City's reconveyance rights pursuant to the "Declaration of
Reserved Rights And Agreement Not To Encumber The Abandoned Alley" executed by the City on
February 24, 2009.
I
COVOiii
i
Desk; n
Associates, Inc.
Urban Planning • Landscape Architecture
VIA U.S. MAIL & EMAIL August 21, 2015
Mr. Timothy R. Stillings
Planning and Zoning Director
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
RE: Atlantic Crossing: City's Continued Refusal to Schedule Approval
Dear Mr. Stillings:
I am most disappointed by your August 7, 2015 letter further delaying the hearing on plat
approval for Atlantic Crossing. As you know, the Developer recently filed suit against the City in
part due to the City's continued delay and refusal to issue site plan certification. The City
contends it is not required to issue site plan certification until the Developer records a final plat.
By letter dated July 7, 2015, the Developer requested that the Atlantic Crossing final plat
certification be placed on the agenda for the July 20, 2015 Planning and Zoning Board ("P&Z')
meeting, but the City responded a week later by stating that the City would not schedule the
Developer's plat for the July P&Z meeting and that earliest the City would schedule the Atlantic
Crossing plat is August 17, 2015. Developer then requested by letter dated July 13, 2015 that
the Atlantic Crossing final plat approval be placed on the agenda for the August 17, 2015 P&Z
meeting, but on August 7, 2015 you sent the most recent letter, refusing to schedule the Atlantic
Crossing plat for the August 17, 2015 P&Z meeting further delaying the hearing. Your letter
again illustrates the City's continuing effort to improperly delay the Atlantic Crossing project
causing the applicant to incur significant monetary damages. I trust you will understand the
gravity of this situation and will do, as you stated, everything possible to ensure Atlantic
Crossing's placement on the September agenda.
As a threshold matter we find your actions in dealing with our plat approvals out of the
ordinary, given: (1) P & Z may certify a final plat subject to conditions, so long as such
conditions do not remain unsatisfied upon submission to the City Commission; (2), 71 of the
original 72 conditions were satisfied as of July 31, 2015, the date of the letter from you advising
that the Developer's plat would not be scheduled for the July P&Z meeting; and (3) now that
zero conditions remain your August 7, 2015 letter still advised us that the Developer's plat would
not be scheduled for the August 2015 P&Z meeting.
Despite the fact that ALL conditions of approval have been met, your August 7" letter
creates three new reasons to keep Atlantic Crossing plat off the agenda for its final plat
.2295 NW Corporate Blvd • Suite 213 • Boca Raton, Florida 33431
561.910.0330 • Landscape Architecture # LC 26000287
www.coveIIidesign.com
Mr. Timothy R. Stillings
August 21, 2015
Page 2
certification: (1) you state that you were not provided recorded information for all FPL
easements shown on the plat; (2) your confusion over the City's potential future right of
conveyance under certain agreements entered into between the City and Developer in 2009;
and (3) your request for an updated traffic impact study.
First, your August 7, 2015 letter is incorrect insofar as it states that the FPL easements
have not been executed or recorded. In fact, although they were not a required condition, they
had already been executed or recorded as of the date of your letter and we have previously
provided them to the City. Another copy is attached for your file.
Second, you question whether the Development Conditions listed in the two agreements
referenced in the title, dated February 17, 2009 have been met. As is clear from the title and
the City's records, all Development Conditions have been satisfied: The applicant timely
obtained SPRAB approval on April 7, 2009; On April 27, 2009, the City Engineer confirmed the
timely receipt of an acceptable Environmental Audit Report; on May 23, 2013, site plan
certification was achieved; and finally, on November 20, 2013, SPRAB approved a new site plan
which superseded the previous plan and eliminated the tunnel requirement. Therefore, since
November 20, 2013, all conditions have been satisfied. The City is on notice of this and has yet
to attempt to exercise its Right of Reconveyance, which under the terms of the applicable
agreements, expires within five days of this letter.
Third, you attempt to use LDR Section 2.4.3(1) to require the submission of an updated
traffic impact study. Please understand the LDR you rely upon allows the City to request
additional information. However, that LDR does not provide the City a mechanism to obtain
information to which it is not otherwise entitled. As you are aware, the Atlantic Crossing project
falls within multiple exception areas; therefore, the development is exempt under the LDRs from
having to provide a traffic study. As stated in the recent July 1, 2015 report of Mr. Robert F.
Rennebaum, P.E. of Simmons and White, Inc., the company hired by the City to provide a
review of traffic issues related to the development: "This project is located in the Delray Beach
Traffic Concurrency Exception Area as well as the Coastal Residential Exception boundaries.
Consequently, the project is not subject to traffic concurrency established by the Palm Beach
County Unified Land Development Code and administered by the City." As a measure of good
faith, the applicant previously provided a traffic study with its application and once again as
recently as May of this year, in connection with the request of the City for the consideration of
an east west -road through the site and its findings were affirmed on all bases by the City's own
expert in his July 1, 2015 report and July 7, 2015 presentation to the City Commission at the
Special Meeting. While the applicant has attempted to be patient and cooperative, the City's
demand for an "updated" traffic study from Developer when the development (a) is in an area
that is specifically exempt under the City's LDRs from having to provide a traffic study, and (b)
the City just commissioned an expert, the aforementioned Mr. Robert Rennebaum, who
provided a study within the last thirty days, we also fine very unusual. Under these facts this
cannot be an appropriate basis by which to keep the Atlantic Crossing project off the P&Z
agenda and is revealing of the City's true intent — to continue to delay the Developer.
fvh-. Timothy R. Stillings
August 21, 2015
Page 3
Finally, while I appreciate that you are new to Delray, the City's excuses and continual
delay in regards to the Atlantic Crossing project are old. Since February 2015, Atlantic Crossing
has been ready for, and entitled to, it's P&Z hearing. In fact, in February, Atlantic Crossing was
on the P&Z agenda, participated in the meeting entertaining several hours of public comment
prior to having the meeting stopped because the City had improperly noticed the meeting.
Then, in the March meeting, the City again failed to provide the appropriate number of days of
advanced notice causing further delay. Then, the City removed Atlantic Crossing from the
agenda due to the iPic issue, which should have no bearing whatsoever on the City processing
Atlantic Crossing in a timely manner. Remarkably, the City has delayed Atlantic Crossing from
the P&Z agenda for seven months and now claims, for the first time, that there are additional
hurdles to achieve prior to P&Z review, even though both the February 23, 2015 and April 20,
2015 City Staff Reports recommend approval to the City Commission of the Preliminary Plat
and certification of the Final Plat for Atlantic Crossing.
Please understand that the applicant has done everything within its power to work with
the City and has gone to extraordinary measures that no other applicant before the City is
required to go through. Please also understand that Atlantic Crossing long ago earned the right
to go before P&Z and to obtain its final plat certification and site plan approval. The continual
delay by the City to refuse to include Atlantic Crossing on the agenda will continue to further
cause Atlantic Crossing to incur monetary damages.
, Inc.
Michael/Covelli, AICP/ASIA
President
Work Request No. _
Sec._, Twp _ S. Rge _ E
Parcel I.D._
10(MeWafned by CountyAppralsor)
form 3722 (Stocked) Rev. 8/1 t
EASEMENT
(BUSINESS)
TNs Instrument Prepared By
Nemo: 14,..•,-1 fl. 14,d4—
Co. Nsnfla:
4, .d4—
Co.Name: :T_. x, 14,-dw-y (w�—rl,r
Address: 3,?Ys lr+ar.> (4:J, Se.rn
MZ. 12.-R.., Fr. 33Y31
pg_ol—:
The undersigned, in consideration of the payment of $1
and valuable consideration, the adsqquaccyy and receipt
acknowledged, grant and give to Florida Paver 8 L
licensees, agents, successors, and assigns ('FPL)
easement forever for the construction, operation an
overhead and underground electric utility facilities Qncli
guys, cables, conduits and appurtenant equipment) to be
to fima; with (he right to reconstruct, Improve, add to, e
voltage, as well as, the size of and remove such facififfes o
an easement described as follows:
See Exhibit "A' ("Easement Mea")
time
the
FN 20150295650
R BK 27726 PG 1894
7CORDED 08/07/2015 15:14:11
:lm Beach County, Florida
IT 1.00
rc Stamp 0.70
iaron R. Bock,CLERK 8 COMPTROLLER
la 1894 - 1903; (10pgs)
IN WITNESS WHEREOF, the undersigned has signed and sealed this Instrument on A r.S N a+ '1 .20-1-r
Sign d sealed d del vT(n the rice of.
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Print Name: Po. v-: c " -'� l O /e
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Enlifvname GDyS ,Dr,l..y Q.tJWIIVPM�4f LLC
Print Name: 4V1&41/fM
Print Address:p3 q q W ),,kAuen„a-
pW wlo/rdw 35,131
STATE OF FL.O17101ar AND COUNTY OF PA1,M M19OK- 14 _,,The foregoing inswmen[ was acknowledged
before me this 7+� day of Ah4vaf+ 20!Y by W;I1:. NJ. M)Iry 0e the
HK s t r_r of ( b U RCAW440ru..71r LLC ailurpdr "^pa. .who is
personally c�r has produced as identification, and who did (did not) take an oath.
(rvoe of Identification)
My Commrsalon F3galyde:
NEE
B. HANDLERc - State of Floridapires Jan 26. 2016on A EE 140831
t 'y PuMle.' 1 n re 1
Pdnt Name hk r 7 QW
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947 CJ nt Moore RoadTel: (661) 241-9988
Boca Raton, Honda 33487 SURVEYING & MAPPING Far (BBQ 2415182
CedWicale oINA)ahaUon No. L87264
EXHIBIT A
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
ATLANTIC CROSSING - F.P.L. EASEMENT
LEGAL DESCRIPTION
A portion of tracts "A", "B", "C", T" and "E", "CDS Redevelopment", according to the plot
thereof, as recorded in Plat Book 116, at pages 172 through 182 of the Public Records of Polm
Beach County, Florida, being more particularly described as follows:
W.
Beginning of the Northeast corner of said Tract "C"; Thence South 00° 52'15" East, along the
East line of said Tract "C", a distance of 20.27 feet; Thence North 90° 00'00" West, a distance
of 15.16 feet; Thence North 00° 00'00" East, a distance of 16.81 feet; Thence South 89" 52'03"
West, a distance of 272.99 feet; Thence South 00° 52'20" East, a distance of 6.94 feet; Thence
South 89° 07'40" West, a distance of 4.28 feet; Thence South 00° 52'16" East, a distance of
237.34 feet; Thence South 07° 59'49" West, a distance of 28.12 feet; Thence South 00° 52'16"
East, a distance of 16.17 feet; Thence North 89° 07'37" East, a distance of 32.86 feet; Thence
North 00° 00'00" East, a .distance of 30.74 feet; Thence South 90° 00'00" East, a distance of
88.09 feet; Thence North 05" 12'57" West, a distance of 1.00 feet; Thence North 89° 07'44"
East, a distance of 22.50 feet; Thence South 00° 5216" East, a distance of 12.00 feet; Thence
South 89° 07'44" West, a distance of 22.59 feet; Thence North 00° 00'00" East, a distance of
1.00 feet; Thence North 90° 00'00" West, a distance of 78.09 feet; Thence South 00'00'00"
West, a distance of 20.59 feet; Thence North 89° 07'37" East, a distance of 6.31 feet; Thence
South 00° 52'23" East, a distance of 22.42 feet; Thence South 89° 07'37" West, o distance of
6.65 feet; Thence South 00°00'00" West, a distance of 13.88 feet; Thence South 90°00'00"
East, a distance of 52.83 feet; Thence South Ol° 30'36" East, a distance of 46.52 feet; Thence
South 89°07'44" West, a distance of 12.00 feet; Thence North 00°52'16" West, a distance of
36.69 feet; Thence North 90°00'00" West,a distance of 51.50 feet; Thence North 00°00'00"
East, a distance of 23.73 feet; Thence South 89° 07'37" West, o distance of 31.12 feet; Thence
South 00°38'05" East, a distance of 98.16 feet; Thence South 08°51'22" East, a distance of
36.28 feet; Thence South 00° 55'26" East, a distance of 82.82 feet; Thence South 13° 58'33"
East, a distance of 35.14 feet; Thence South 00° 5216" East, a distance of 11.43 feet; Thence
NOTES ABBREVIATIONS
L ARCLENGTH
1, REPRODUCTIONS OF THIS SKETCH ARE NOT VALID D DELTA (CENTRAL ANGLE)
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED 0. E. DRAINAGE EASEMENT
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. L.B. _ LICENSED BUSINESS
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE . - LMWNKENT suavexoR
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. o. R. B. OFFICIAL RECORDS BOOK
3. BEARINGS SHOWN HEREON ARE BASED ON AN P•0. B. • POINT OF BEGINNING
ASSUMED BEARING NORTH 90°00'00" EAST ALONG THE P O.C. _ POINT OF COWkNCENENT
P.B. PLAT BOOK
SOUTH LINE OF TRACT 8 OF "CDS DELRAY P.8. C. R. PALM BEACH COUNTY RECORDS
REDEVELOPMENT". PG. - PAGE
P.S.M. PROFESSIONAL SURVEYOR
RM • RIGHT -OF
CERTIFICATION U. E. UTILITY
IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, AND THAT SAD SKETCH AND
DESCRIPTION IS TRUE CORRECT TO THE BEST OF MY KNOWLEDGE
AND BEL( F_7ED UNDER MY DIRECTION.
i
JEF DAPP
VEY AND MAPPER
LORIDA LICENSE NO. LS5111
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Baca Rahn, Fulda 33487 Cw60cate o[At4hoiaagm No. L87284 ft: (561) 241L762
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
South 15° 17'49" West, a distance of 21.09 feet; Thence North 90°00'00" West, along the South
line of said Tract "C", a distance of 10.14 feet; Thence North 14°15'18" East, a distance of
23.03 feet; Thence North 00° 5216" West, a distance of 14.05 feet; Thence North 16° 34'43"
West, a distance of 29.43 feet; Thence North 00° 5577" West, a distance of 83.28 feet; Thence
North 08°51'22" West, a distance of 52.56 feet; Thence North 00°38'05" West, a distance of
24.83 feet; Thence North 90° 00'00" West, a distance of 27.53 feet; Thence South 01* 06'20"
East, a distance of 3.42 feet; Thence South 89°07'44" West, a distance of 12.92 feet; Thence
North 00°52'16" West, a distance of 17.00 feet; Thence North 89°07'44" East, a distance of
12.85 feet; Thence South 01°06'20" East, a distance of 3.57 feet; Thence South 90°00'00" East,
G distance of 27.61 feet; Thence North 00° 38'05" West, a distance of 59.34 feet; Thence South
89'07'44" West, a distance of 52.51 feet; Thence South 00°52'16" East, a distance of 13.00
feet; Thence South 89°07'44" West, a distance of 12.92 feet; Thence North 00°52'16" West, a
distance of 26.50 feet; Thence North 89°07'44" East, a distance of 12.92 feet; Thence South
00° 52'16" East, o distance of 3.50 feet; Thence North 89° 07'44" East, a distance of 53.38 feet;
Thence North 00°52'16" West, o distance of 17.85 feet; Thence North 07°00'49" East, a
distance of 31.61 feet; Thence North 01* 28'58" West, a distance of 13.83 feet; Thence North
90°00'00' West, a distance of 48.26 feet; Thence South 00°52'16" East, a distance of 3.42 feet;
Thence South 89°07'44" West, a distance of 14.53 feet; Thence North 00°52'16" West, a
distance of 28.00 feet; Thence North 89007'44" East, a distance of 14.53 feet; Thence South
006 52'16" East, a distance of 14.57 feet; Thence South 90° 00'00" East, a distance of 48.26 feet;
Thence North 00° 48'07" West, a distance of 122.34 feet; Thence North 90" 00'00" West, a
distance of 48.26 feet; Thence South 00°52'16" East, a distance of 3.42 feet; Thence South
89° 07'44" West, a distance of 14.63 feet; Thence North 00" 52'18" West, a distance of 28.00
feet; Thence North 89° 07'44" East, a distance of 14.63 feet; Thence South 00° 52'16" East, a
distance of 14.57 feet; Thence South 90°00'00" East, a distance of 48.26 feet; Thence North
00° 52'16" West, a distance of 76.96 feet; Thence South 89° 07'40" West, a distance of 2.89 feet;
Thence North 00° 52'19" West, a distance of 3.13 feet; Thence South 89° 58'48" West, a
distance of 33.09 feet; Thence South 00° 52'20" East, a distance of 2.86 feet; Thence South
89°07'40" West, a distance of 17.17 feet; Thence North 00° 52'19" West, a distance of 3.68 feet;
Thence North 89° 43'26" West, a distance of 268.81 feet to a point on the arc of a circular curve
to the right, at which the radius point bears South 53° 20'58" East; Thence Easterly along the arc
of said curve, also being the North line of said Tract "A", having a radius of 15.00 feet and a
centrolongle of 53°19'45", a distance of 13.96 feet to the point of.tongency; Thence North
89° 58'47" East, along said North line of Tract "A", a distance of 285.96 feet; Thence North
89° 58'15" East, along the North line of said Tracts "A", "E", and "C", a distance of 326.05 feet
to the Point of Beginning.
Said lands situate in the City of Delray Beach,
Palm Beach County, Florida.
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SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
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_____
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(
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SKETCH AND LEGAL DESCRIPTION
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947 Clint t?.wo Road
Roca Ralon, fbrlda 33487
Q titx m 1E ro
SURVEYING &MAPPING
Cedi9cate ofPuft&aLm No. LB7264
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
I
Tel: (661) 241-9988
fax: (561) 241-5182
NE 1ST STREET
Nn (50' RIGHT-OF-WAY) I
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N89° 58'47"E 285.96' I
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Tel: (661) 241-9988
fax: (561) 241-5182
NE 1ST STREET
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l � R=15.00'N89° 43'26"W
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947 CW Mare RoadSURVEYING &MAPPING Tal: (561)241-9988
Baca flacon, Fbdria 33487 Certificate of Ntlt &atlw Na LB7264 Fac (561) 2415182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
11 I I MATCH LINE
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EASEMENT
0, PG. 1168)
8' SIDEWALK EASEMENT
(P.B. 116, PGS. 172-182)
)5-12-571-W
1.00'
V 0010011E 89°07'44"E o
88.09' 22.50'
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78.09' 589°
22.05599'' m
0°00'00"E 5'SEWER EASEMENT
1.00' (O.R.B. 2351, PG. 177)
�(O.R.B. 2372. PG. 1687)
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I I Nz m = (P.B. 116, PGS. 172-182)
12' FPL EASEMENT
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MATCH LINE
------------------
;% ; ! SEE SHEET 9
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947 Gnt Wore RoadTel: (561) 241-9988
Baca Raton, Flollda 33487 SURVEYING & MAPPING —
Cerffimle of Waka9on No. LBW(` 1 2415182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY) SGE SHEET 4
SEE SHEET 5 1 MATCH LINE
I --`--------'-F I I -1— -tr Ij=1
i---- 1 SOO°52'16"E -t-fi- t
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14.53'
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28.00'1
20'FPL EASEMENTI
(O.R.B. 4752, PG. 538)co I
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14.53' In
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1 TRACT „D"
INGRESS -EGRESS EASEMENT I I I l- S89° 0744"W
(P.B, 116, PGS. 172-182) I 52.51' f`'- -- - -
$00° 52'16"E I j
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F.P.L. EASEMEN (P.B. 116, PGS. 172 -fig? 0 I 1
SU�° 06'201"E Un 1 (71 m
(P.B. 116, PGS. 172-182) - 3.57' -II I I m
12' FPL EASEMENT
(O.R.B. 4752, PG. 538) N89°07'44"6 II 1 "I
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5' FPL EASEMENT rr— 27.61' I pa
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TRACT "B" 1 SEE SHEET 9:1 /1//
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"CDS DELRAY RFDEVEL¢PMENT" 11 Y/
.ws Tro. 14167 1Fro)oct H., ATLANTIC CROSSWG 1 M By, JSH ismE. 1-30'
cTrO ay, JEK IDATE. 03/06/20151 STEET 8 OF 9
4,J j M 7��
847 CFN Moan RoadSURVEYING &MAPPING Te): (551) 241-9998
Baca Ratan, Florida 33487 Certificate o)WAhod7A'on No. LB7264 Fm: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY) SEE
;+ SEE'SHEET 8 I ///!I / MATCH LINE
TRACT
"CDS DELRAY REDEVELOPMENT"
(P.B. 116, PGS. 1x12-o��0 .P N
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"CDS DELRAY REDEVELOPMENT"
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A 1w TS00° 52'16"E SIDEWALK EASEMENT
4 °�I 111.43'(P.B. 50, PG. 129)
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10.14' \NON -VEHICULAR
ACCESS LINE
(P.B. 116, PGS. 172-182)
ATLANTIC AVENUE
(80' RIGHT-OF-WAY)
._.-% - - - - - - - - - -
STATE OF FLORIDA • PALM BEACH COUNTY
�. I hereby certify that the foregoing is a
true coPY of the record in my oliice with
4 It actlons,'I any as re yired by laa+.l
.a✓�. .°, THIS OAYt*.2\A..]
SHARON R. BO K
g, COMPTROLLER
-------------------------
DEPUTY CLERK
Work Request No, _
Sec._, Twp _ S, Roo _ E
Parcel I.C.—
$, (MakOlned by countyAppmLN)
1 Fam 3722 (Slaked) Rev. 6111
EASEMENT
(BUSINESS)
TMs I UL.Slenl Prepared By
Name:Lry 4. 144 -JL,
Co. Name: Wiam I r....dr� • G -^..J
Addreaa: aa -a s moi. E`sk
3i•rs i
The undersigned, In consideration r
and valuable Consideration, the ad
acknowledged,grant and give to
licensees, agents, successors, a
easement forever for the consul
overhead and underground elecirk
guys, cables, conduits and appurten
to AD: with the right to reconstruc
voltage, as well as, the size of and re
an easement described as follows:
See Exhibit "A" ("Easement Area")
pa_or_: t
the payment of $1.00 and other good
[uaccyy and receipt of which Is hereby
•Ionia Power & Light Company, Its
I assigns ("FPL', a non -ex delve
Ion. ooerallon and maintenance of
hove such facilities or any of them within
1111111 VI II III II I II II Vp1111111111111111111111111111
N 20150295651
BK 27726 PG 1904
ORDED 08/07/2015 15:19:11
m Beach County, Florida
1.00
Stamp 0.70
ron R. Bock,CLERk 8 COMPTROLLER
1904 - 1913; (10pge)
to attach vires io any facIDties hereunder and !ay cable and conduit within the easement
nmunicallona purposes; the right of ingress and egress (o fhe Easement Area al aI1 Gmes;
Reared of all frees, urxtergrowllh and other obsUuclions within the Easement Area; to Uim
I dead, weak, leaning of dangerous bees or Ilmbs outsMe of the easement area which
(lines or systems of communlcalion3 or power transmission or dislnbution; and further
•igned has the power to gmnl, If at ail, the rights hereinabove granted on the Easement
4, under and across the roads, streets or highways adjoining or through said Easement
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on p ui w+ . 20Ar
cO2 E1flo-nam
ed, sealed and delivered In thigi.resenceof'. 11y: b..t,-.,( Nrse*-:�.S�o.,ye....•Ip��
Entily name
Pdnl Name: �e.v v ✓�� /lid ��iatr�et
Tom— Print Name:
Pant Address: 3}49 Nal a.+-11 iZnrc.,.a�-
�'"""�i
7 ZQC' Um Oe4 la�>-onr
Pint Nome: Mr)d �iii
(WMesa) v
STATE OF GL1DR I Oh AND COUNTY OF PA L H 13 0 At, N The foregoing instrument was acknowledged
Prem"
me This '1 Lr. daa of Ar.�w.r- 2014r by Will;— H• H'1Imet'.. , the
Prem" of Qe.ir�l tJSH✓r criwq of Lll2 1q Llantre Nay,, L't'd, a F(n.;d. Ifm:+e.J- Pnranus l.t ro .who is
personally known to me or has produced as Identification, and who did (did not) take an oath.
MyCdrrtmraebn Expires:
'� nne.nn`1nn ry.�n.lOV
(Type of aenlificauon)
NotaryNorary Public, S0S0 lute
Pint Name Iltnr4 D, tV>A,�LLfV
;•a• be HENR'fe,HANDLER
Notary PAV Scale of Florida
�A My Comm. Eepues Jan 26, 2016
'•`°';t%•'' Commission k EE 140831
Q�ItI n+rE rFR
847 MA Moore Road SURVEYING & MAPPING Tel: (661) 241-9980
Baca Raton, Fonda 33487 Ceilftle o(AuUmIzadon No. LB7264 Fax: (001) 24}5182
EXHIBIT A
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
ATLANTIC CROSSING - F.P.L. EASEMENT
LEGAL DESCRIPTION
A portion of tracts "A", "B", "C", 'D" and "E", "CDS Redevelopment", according to the plat
thereof, as recorded in Plat Book 116, at pages 172 through 182 of the Public Records of Palm
Beach County, Florida, being more particularly described as follows:
Beginning at the Northeast corner of said Tract "C"; Thence South 000 5215" East, along the
East line of said Tract "C", a distance of 20.27 feet; Thence North 90"00'00" West, a distance
of 15.16 feet; Thence North 00°00'00" East, a distance of 16.81 feet; Thence South 89°52'03"
West, a distance of 272.99 feet; Thence South 00° 52'20" East, a distance of 6.94 feet; Thence
South 89° 07'40" West, a distance of 4.28 feet; Thence South 00° 5216" East, o distance of
237.34 feet; Thence South 07° 59'49" West, o distance of 28.12 feel; Thence South 00° 52'16"
East, a distance of 16.17 feet; Thence North 89° 07'37" East, a distance of 32.86 feet; Thence
North 00° 00'00" East, o distance of 30.74 feet; Thence South 90° 00'00" East, a distance of
88.09 feet; Thence North 05°12'57" West, a distance of 1.00 feet; Thence North 89°07'44"
East, a distance of 22.50 feet; Thence South 00° 52'16" East, a distance of 12.00 feet; Thence
South 89° 07'44" West, a distance of 22.59 feet; Thence North 00° 00'00" East, a distance of
1.00 feet; Thence North 90° 00'00" West, o distance of 78.09 feet; Thence South 00° 00'00"
West, a distance of 20.59 feet; Thence North 89° 07'37" East, a distance of 6.31 feet; Thence
South 00°52'23" East, a distance of 22.42 feet; Thence South 89° 07'37" West, o distance of
6.65 feet; Thence South 00000'00" West, a distance of 13.88 feet; Thence South 90°00'00"
East, a distance of 52.83 feet; Thence South 01° 30'36" East, a distance of 46.52 feet; Thence
South 89° 07'44" West, o distance of 12.00 feet; Thence North 00° 5246" West, a distance of
36.69 feet; Thence North 90°00'00" West, a distance of 51,50 feet; Thence North 00000'00"
East, a distance of 23.73 feet; Thence South 89° 07'37" West, o distance of 31.12 feet; Thence
South 00° 38'05" East, a distance of 98.16 feet; Thence South 08° 51'22" East, a distance of
36.28 feet; Thence South 00°55'26" East, a distance of 82.82 feet; Thence South 13°58'33"
East, a distance of 35.14 feet; Thence South 00° 5216" East, a distance of 11.43 feet; Thence
NOTES ABBREVIATIONS
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID
o
DE TAN CENTRAL ANGLE)
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
0.E. -
DRAINAGE EASEMENT
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
L. B.
LICENSED BUSINESS
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE
L;
LICENSED SURVEYOR
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION.
O.R.B. •
UMENT
OFFICIAL RECORDS BOOK
3. BEARINGS SHOWN HEREON ARE BASED ON AN
P•0. B. •
POINT OF BEGINNING
ASSUMED BEARING NORTH 90°00'00" EAST ALONG THE
P O.C.
POINT OF COMMENCEMENT
SOUTH LINE OF TRACT B OF "CDS DELRAY
P.B.
P. B. C. R.
PLAT BOOK
PALM BEACH COUNTY RECORDS
REDEVELOPMENT".
PG. -
PAGE
P.S.M.
PROFESSIONAL SURVEYOR
R/W RIGHT-OF-WAY
CERTIFICATION U. E. UTILITY EASEMENT
IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND -
DESCRIPTION IS TRUE CORRECT TO THE BEST OF MY KNOWLEDGE
4HELI UNDER MY DIRECTION.
MAPPER
E NO. LS5111
I� W 14167 IoM By, JSH I I
4tiR1 ME 7r
947 Glint V=0 Roed Tel. W) 241-9M
Boca Raton, Flaida 33487 SURVEYING
B ka e of 1AWwrr tlan M1b 1B72664G Fac (561) 24"182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
South 15° 17'49" West, a distance of 21.09 feet; Thence North 90600'00" West, along the South
line of said Tract "C", a distance of 10.14 feet; Thence North 14° 15'18" East, a distance of
23.03 feet; Thence North 00° 52'16" West, a distance of 14.05 feet; Thence North 16° 34'43"
West, a distance of 29.43 feet; Thence North 00°55'27" West, a distance of 83.28 feel; Thence
North 08'51'22" West, a distance of 52.56 feet; Thence North 00°38'05" West, a distance of
24.83 feet; Thence North 90°00'00" West, a distance of 27.53 feet; Thence South 01°06'20"
East, a distance of 3.42 feet; Thence South 89° 07'44" West, a distance of 12.92 feet; Thence
North 00° 52'16" West, a distance of 17.00 feet; Thence North 89° 07'44" East, a distance of
12.85 feet; Thence South 01°06'20" East, a distance of 3.57 feet; Thence South 90°00'00" East,
a distance of 27.61 feet; Thence North 00° 38'05" West, a distance of 59.34 feet; Thence South
89°07'44" West, a distance of 52.51 feet; Thence South 00°52'16" East, a distance of 13.00
feet; Thence South 89°07'44" West, a distance of 12.92 feet; Thence North 00°52'16" West, a
distance of 26.50 feet; Thence North 89° 07'44" East, a distance of 12.92 feet; Thence South
00°52'16" East, a distance of 3.50 feet; Thence North 89°07'44" East, a distance of 53.38 feet;
Thence North 00° 52'16" West, a distance of 17.85 feet; Thence North 07° 00'49" East, a
distance of 31.61 feet; Thence North 01* 28'58" West, a distance of 13.83 feet; Thence North
90° 00'00" West, a distance of 48.26 feet; Thence South 00° 52'16" East, a distance of 3.42 feet;
Thence South 89°07'44" West, a distance of 14.53 feet; Thence North 00"52'16" West, a
distance of 28.00 feet; Thence North 89°07'44" East, a distance of 14.53 feet; Thence South
00°52'16" East, a distance of 14.57 feet; Thence South 90°00'00" East, a distance of 48.26 feet;
Thence North 00° 48'07" West, a distance of 122.34 feet; Thence North 90° 00'00" West, a
distance of 48.26 feet; Thence South 00° 52'16" East, a distance of 3.42 feet; Thence South
89°07'44" West, a distance of 14.63 feet; Thence North 00°52'16" West, a distance of 28.00
feet; Thence North 89'07'44" East, o distance of 14.63 feet; Thence South 00° 52'16" East, a
distance of 14.57 feet; Thence South 90900'00" East, a distance of 48.26 feet; Thence North
00°52'16" West, a distance of 76.96 feet; Thence South 89°07'40" West, a distance of 2.89 feet;
Thence North 00°52'19" West, a distance of 3.13 feet; Thence South 89° 58'48" West, a
distance of 33.09 feet; Thence South 00° 52'20" East, a distance of 2.86 feet; Thence South
89° 07'40" West, a distance of 17.17 feet; Thence North 00° 52'19" West, a distance of 3.68 feet;
Thence North 89° 43'26" West, a distance of 268.81 feet to a point on the are of a circular curve
to the right, a which the radius point bears South 53° 20'58" East; Thence Easterly along the orc
of said curve, also being the North line of said Tract "A", having a radius of 15.00 feet and a
central angle of 53°19'45", a distance of 13.96 feet to the point of.tangency; Thence North
89"58'47" East, along said North line of Tract "A", a distance of 285.96 feet; Thence North
89°58'15" East, along the North line of said Tracts "A", "E", and "C", a distance of 326.05 feet
to the Point of Beginning.
Said lands situate in the City of Delray Beach,
Palm Beach County, Florida.
SHE
T
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ILLII I SHEET H5ETI S)ffETI 3
14
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SHEET fh ISH7ET
SHEET
9
KEY MAP - NOT TO SCALE
Q�AM ME
947 Gat Mme RoadTei:
Boca Ralm, FWda 33487
SURVEYING $ MAPPING
Cefulkate OfAdlwmaBoO NO. tB72"
(561) 241-0988
Fax,561
( ) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
N
(jl '
P.O.B_
I
J _______ ___ __ _
_
NE CORNER TRACT "C"
NE IST STREET "CDS
DELRAY REDEVELOPMENT'
(50' RIGHT -OF-WAY)NON- VEHICULAR (P.B. 116, PGS. 172-182)
N
ACCESS LINE
N89° 58'15"E
326.05' (P.B. 116, PGS. )72-182)
889" 52'03"W
272.99'
4.50— SIDEWALK EASEMENT
F.P.L.EASEMENT� (P.B. 116, PGS. 172-182) I III
-0016
G °
(P.B. 116, PGS.
172-182) NOD " I�
N
N90" 00'00"W/ I i
lm
15.16' 111
, ,
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JIM
2.0' SIDEWALK EASEMENT 1 1 I•
(P.B. PGS. 172-182)-
i
IN
115,
Im
"C" II
TRACT
I�
"CDS DELRAY REDEVELOPMENT" 11•
I
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(P.B. 116, PGS. 172-182) 10' FPL EASEMENT I I
(O.R.B. 4752, PG. 537) I I
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I II,
1
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1
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5' FLORIDA PUBLIC UTILITIES I I I•
I
COMPANY EASEMENT
(O.R.B. 4688, PG. 157)
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111;
,
JC9 Ab. 1¢167
Ne®, ATLANTIC CROSSINGelC 9Y, "I SME, r. -W.
Gx% By, JEK BM , 08/06/2015
SHEET 3 OF 9
947 DAMoore Road SURVEYING MAPPING Td'(6"241-9588
Boca Raton, Florida 33487 C M,,te o1Ndl b$ b, Na 107264 In M 241-6182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
�----
NE 1ST STREET I
I (50' RIGHT-OF-WAY) I
I 1
10890 58'47"E 285.96' N899 58'15"E 326.05' 1
I� r S89° 58'48" 11 1 16.94'33.09,
--- -l—
9"W i 1 89"07'4
f'Wf
i wzyiAN�nNOD* 52' III 11
o)o _ aw'o 3.13'
I
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I -�;S89° 07'40"W ' II j l m'v
2.89'
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t0 o p o1I { I I oy
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I Not S900 00100"E (Oil I II
48.26 m i
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JEK OpIE, 98/06/2915 StiEET 4 OF 9
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947 Ginn 61omo RoadSURVEYING &MAPPING Tel: (661) 241-9988
Roca Raton,Florida 33487 Ceitficalo of hING,Qation No. LB7264 Fv..(6W 241-5182
SKETCH AND LEGAL DESCRIPTION
rA (NOT A SURVEY)
— -E-------- — —-—
NON-VEI-IICULAR
ACCESS LINE
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N89° 58'47"E 285.96'
NE IST STREET
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SKETCH AND LEGAL DESCRIPTION
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SKETCH AND LEGAL DESCRIPTION
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RoRato, Fblda 33487 A APPING Fm: M 24"IV
Ceaikate olNAhorizatim No.LB72
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
, SEIE SHEET 4 ,
SEE SHEET 5 I
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---------------------------- --------'-F
S00° 52'16"E i
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Jce W. 14167 1 P�°la;f Rare, ATLAHIIC CROSSWC 1 M By, JSH smE, P=30'
"'a Byl &K OAT 08/06/2015
SHEET 8-0—F-9-1 9
STAT[ OF FLORIDA • PALM BEACH COUNTY
I hemby certify that the foregoing is a
true copy of the record in my office with
redactions, i any as re led by)
THIS DAY 201
SHA R. BOCK
\ CLERK C PTROLLER
DEPU CLERK
ME rF+P
Q��I
947 CEnt Moore RoadTel:(561)241-9998
Oona Ralan, Florida 3N07
SURVEYING & MAPPING
CeRi9cate of NAhoriralbn No.,L87264 - 17 x (`•'q 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY) SEE SHEET 7
SEE'SHEET 8
j -�- I// 71 I P
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—MATCH ��
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(P.B. 116, PGS. 172-182)
ATLANTIC AVENUE
(80' RIGHT-OF-WAY)
- --- -- ----I-
- - —----------- —- —- —- --
f�
aaa xB. 14167 rr°)°°r H., ATLANTIC CROSSING I M BY, JSH sc,�E, I"=30•
=9
cs�o By, JEK BATE, 08/06/2015 SHEETO=F971
STAT[ OF FLORIDA • PALM BEACH COUNTY
I hemby certify that the foregoing is a
true copy of the record in my office with
redactions, i any as re led by)
THIS DAY 201
SHA R. BOCK
\ CLERK C PTROLLER
DEPU CLERK
This instrument was prepared by
and,should be returned to:
is hutt, Esq.
C ttlyney's Office
20 1 st Avenue
Delr each, Florida 33444
�o
IIINIIIli IIINIIINN11111IN11WOVI11NIIIIli III11 O
CFH 20090116383
OR BK 23166 PG 1447
r RECORDED 04/08/2009 10:36:45
Palm Beach County, Florida
Sharon R. Bock,CLERK & COMPTROLLER
Pgs 1447 - 1532; (86pgs)
DECLARATION
IrlAGREEMENT OF RESERVED RIGHTS AND
NOT TO ENCUMBER THE ABANDONED ALLEY
This Decla ion of Reserved Rights and Agreement Not to Encumber the Abandoned
Alley (this "A reem ) is entered into as of February 17, 2009 (the "Effective Date"), among
the CITY OF DEI R EACH, a Florida Municipal Corporation (the "City"), and FREECOR
INVESTMENTS, IN Florida corporation ("Freecor"), ATLANTIC CENTER, LTD., a
Florida limited partnersh' "tlantic Center"), CDS ASJ BUILDING, LLC, a Florida limited
liability company ("CDS" 45, LLC, a Florida limited liability company ("CDS 45") and
CDS GAS STATION, LL orida limited liability company ("Gas Station"; and together
with Freecor, Atlantic Cent DS and CDS 45, collectively referred to herein as the
"Developer"), for the purpose o forth the Developer's contingent obligation to reconvey
the Abandoned Alley (as definedems), which the City abandoned.
ALS:
A. The Developer intendsonstruct and develop a mixed-use project (the
"Project") on that certain real property &ri ed as follows (the "Overall Parcel"):
See Exhibit "A" attached hereto and made a part hereof.
B. On February 17, 2009, the City Commission passed a Resolution (the
"Abandonment Resolution"), pursuant to which the City abandoned its interest in and to those
certain alleyways more particularly described as follows (collectively, the "Abandoned Alley"):
See Exhibit "B" attached hereto and made a part hereof.
The Abandonment Resolution shall be recorded in the Public Records of Palm Beach
County, Florida.
C. As a result of the approval by the City of the Abandonment Resolution, each
Developer became the owner and holder of fee simple title of and to a portion of the Abandoned
1
8547/19692-016 CurrenU13565008v4
Book23166/Page1447
02/18/2009 03:47 PM
Page 1 of 86
Alley and the Developer together own fee simple title in and to the property constituting the
ent' e Abandoned Alley and, pursuant to that certain proposed easement agreement to be
re ed in the Public Records of Palm Beach County, Florida (the "Abandoned Alley Easement
r ent"), the Developer, with respect to the portion of the Abandoned Alley which such
D r owns, desires to grant to the City: (i) a perpetual exclusive roadway easement for the
uno ted and unimpeded vehicular and pedestrian traffic for ingress and egress, and over,
upon, across the Abandoned Alley, and for the City to exercise its governmental and quasi-
governl functions with respect to the Abandoned Alley (the "Roadway Easement"); and
(ii) a pe al non-exclusive subsurface utility easement over and under the Abandoned Alley
(the "Utilit ement"; and together with the Roadway Easement, collectively referred to herein
as the "Aba d Alley Easement").
D. 11 e Abandoned Alley Easement Agreement provides, in part, that: (i) the
Roadway Easemall terminate and be of no further force and effect upon recordation of the
"Owner Certificat%A�#,daned
d in the Abandoned Alley Easement Agreement), evidencing that
the tenants and the the "Freecor Building," located at 75 N.E. 6r'' Avenue, Delray
Beach, Florida 3348asonable and equivalent access to and from the Freecor Building
via the publicly deadways or over lands owned in fee simple by the Developer,
including formerly tAlley after the abandonment; (ii) that the Utility Easement
shall terminate and be of nr force and effect upon recordation of the "Utility Relocation
Certificate" (as defined in bandoned Alley Easement Agreement), evidencing that the
Utilities have been disconnec e ocated and reconnected and approved by the Palm Beach
County Health Department, a any such Utilities requiring such approval, through an
alternative right-of-way and/or eas nt so that the Abandoned Alley is no longer needed to
operate the Utilities, as determine e City Engineer, in the City Engineer's discretion; and
(iii) at such time as (i) and (ii) abo ve been completed, the City and the Developer shall
record a termination agreement in blic Records of Palm Beach County, Florida, and
thereafter the Abandoned Alley Agreem 1 be of no further force and effect.
E. This Agreement sets forth the obligations of Developer to reconvey the
Abandoned Alley to the City in the event the City exercises its right of reconveyance as
described in the Financial Guarantee Agreement and as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City and the Developer hereby agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated herein
bythis reference, as if set forth in their entirety.
8547/19692-016 CurrenV13565008v4
Book23166/Page1448
02/15/2009 05:46 PM
Page 2 of 86
2. Reserved Rights.
a. Back round. In connection with the development of the Project, the
per may construct a relocated 7th Avenue, between N.E. Vt Street and East Atlantic
Av ("Relocated 7th Avenue"), including the installation of improvements located thereon,
incl, without limitation, streetlights, pedestrian and vehicular traffic signs and markings,
sidewalk anters, trees landscaping and other related appurtenances. Relocated 7th Avenue is
legally bed as follows:
-0"-, See Exhibit "C" attached hereto and made a part hereof.
Q�7 Development Conditions. The Developer has certain obligations relating
to the construct of Relocated 7th Avenue. The Developer shall (collectively, the
"Development Co ions"):
(i)in approval of the Developer's site plan by the City's Site Plan
G)—Jin
and Appearance Board no later than December 1, 2009 (the
" A roval Deadline") (the "SPRAB Approval Condition") (The
dat66 ich the Developer obtains the SPRAB approval (the "SPRAB
A r shall hereinafter be defined as the "SPRAB Approval Date");
(ii) obtain sit certification for the Project from the City within five
hundred aild fy eight (548) days following the SPRAB Approval Date
(the "Site Certification Deadline") (the "Site Plan Certification
Condition"). date on which the Developer obtains the site plan
certification o to plan shall hereinafter be defined as the "Site Plan
Certification D to rovided nothing herein shall be deemed an approval
of extension for s• p an approval;
(iii) construct Relocated 7th Avenue to the "No Turning Back Point" (defined
below) within one thousand ninety five (1,095) days after the Site Plan
Certification Date (the "No Turning Back Deadline") (the "No Turning
Back Condition"). The "No Turning Back Point" shall be the point at
which the Developer has constructed a tunnel under Relocated 7th Avenue
in accordance with its site plan as the completion of such is determined in
the sole, but reasonable discretion, of the "City Engineer" (as defined
below); provided nothing herein shall be deemed an approval of extension
for site plan approval; and
(iv) deliver to the City, within one hundred eighty (180) days after the City
adopts the Abandonment Resolution (the "Environmental Audit
Deadline"), a Phase I environmental audit report (the "Environmental
3
8547/19692-016 Current/13565008v4 02/15/2009 05:46 PM
Book23166/Page1449 Page 3 of 86
Audit"), prepared at the Developer's expense by a properly licensed
environmental engineer and certified to the City, attesting that the portion
of Relocated 7th Avenue which is not included in the legal description of
p Vacated 7th Avenue, does not identify any environmental conditions that
warrant further investigation in a Phase II environmental audit or require
any remediation or corrective action so that the City is an innocent
° landowner under applicable environmental laws and regulations (the
QP"Environmental Audit Condition").
�. Right of Reconveyance. If the Developer fails to timely satisfy the
Developmennditions set forth in (a) above, then the City shall have the right to cause the
Developer to r 1 vey the Abandoned Alley to the City, at the City's option, in the City's sole
and absolute dison. The Developer's obligation to reconvey the Abandoned Alley to the
City in each of e three (3) circumstances set forth in (a) above is hereinafter collectively
referred to as the "qCyN Reconveyance Right".
d. MQvce of Satisfaction of the Development Conditions. The Developer
shall evidence that the toper has satisfied the Development Conditions set forth in (a)
above by recording in th Records of Palm Beach County, Florida certain certificates to
be issued by the City as fol
i. issuar�' Pa letter from the City's Planning and Zoning Department
eviden n SPRAB Approval (which the Developer may record by
attachingan affidavit);
ii. a certificatMhij
d by the engineer for the City (the "City Engineer")
confirmingacceptable Environmental Audit has been delivered
to the City b e nvironmental Audit Deadline, in the form attached
hereto as Exhibit "D";
iii. a certificate issued by the City's Director of Planning and Zoning
confirming that the Developer has procured site plan certification by
the Site Plan Certification Deadline, in the form attached hereto as
Exhibit "E"; and
iv. a certificate issued by the City Engineer confirming that the Developer
has reached the No Turning Back Point by the No Turning Back Date,
in the form attached hereto as Exhibit "F".
The City Engineer and the City's Director of Planning and Zoning shall
issue the above mentioned certificates upon the Developer's timely
completion of each Development Condition, respectively.
4
8547/19692-016 CurrenY13565008A 02/15/2009 05:46 PM
Book23166/Page1450 Page 4 of 86
e. Right to Exercise the City's Reconveyance Right. The City may exercise
y's Reconveyance Right if:
0 i. the Developer has not obtained the SPRAB Approval by the SPRAB
Approval Deadline;
�o
ii. the Developer has not satisfied the Site Plan Certification Condition by
the Site Plan Certification Deadline;
iii. the Developer has not reached the No Turning Back Point by the No
®
Turning Back Deadline; or
fiv. the Developer has not delivered the Environmental Audit to the City
((t by the Environmental Audit Deadline.
f. d to Exercise the City's Reconveyance Right. To exercise the
City's Reconveyance Rig, e City shall notify Escrow Agent (as identified in Section 3 of this
Agreement) and the Deve writing of such exercise within sixty (60) days after the City is
entitled to exercise the Cit reconveyance Right because the Developer has failed to timely
satisfy one of the Developmonditions. The City's failure to timely exercise the City's
Reconveyance Right with resp of the Development Conditions shall not be deemed a
waiver of the City's right to ex rci e the City's Reconveyance Right as to the failure of the
Developer to timely satisfy any of Ze ther Development Conditions.
g. Keconve ance- ing Exercise of the City's Reconveyance Ri ht. If
the City exercises the City's Reco vZe Right, then the Developer shall reconvey the
Abandoned Alley to the City, free and r of all encumbrances, liens and taxes, and title shall
be good, insurable and marketable, subject only to matters of record as of February 16, 2009.
Evidence of the Developer's compliance or noncompliance with the title requirements of this
Agreement shall be by the issuance of a title insurance commitment and owners' marketability
title insurance policy by a Florida licensed title by Fidelity National Title Company, or another
national title insurer reasonably acceptable to the City and the Developer, or by the opinion of a
real estate attorney licensed in the State of Florida selected by the City.
h. Termination of the City's Reconveyance Right. If the City is entitled to,
but does not timely exercise the City's Reconveyance Right within sixty (60) days after the
Environmental Audit Deadline, Site Plan Certification Deadline, the No Turning Back Deadline
or the SPRAB Approval Deadline, as applicable (the "Reconveyance Right Deadline"), then the
City shall forever waive and release the right to exercise the City's Reconveyance Right with
respect to the applicable Development Condition, as the case may be. The Developer shall
provide written notice of the Reconveyance Right Deadline to the City five (5) days prior to the
5
8547/19692-016 Current/13565008v4 02/15/2009 05:46 PM
Book23166/Page1451 Page 5 of 86
expiration of the Reconveyance Right Deadline (the "Reconveyance Right Expiration Notice").
%h.e of the Developer to timely deliver the Reconveyance Right Expiration Notice to the
cause the Reconveyance Right Deadline to extend until the date which is five (5) days
the delivery of the Reconveyance Right Expiration Notice by the Developer to the
ided, however, the City shall still be able to exercise its Reconveyance Right, as set
is Agreement. If the City fails to exercise the City's Reconveyance Right for all of the
Develon°t Conditions such that the City is no longer entitled to exercise the City's
Reconve Right (and provided that the City has not in fact exercised the City's
Reconveya%id�� ght), upon the request of the Developer, the City Manager shall execute and
record in thic Records of Palm Beach County, Florida, a "Certification of Termination and
Release" ethe termination and release of this Agreement and a termination and release
of the City's e onveyance Right set forth in this Agreement, which Certification of
Termination and ase shall be in the form attached to this Agreement as Exhibit "G". The
Certification ofIrmination and Release shall confirm that all terms and provisions of this
Agreement have be(i atisfied and this Agreement and the City's Reconveyance Right is
waived, released and "further force and effect confirming that the Developer shall no longer
have any obligation to rtr Vacated 7th Avenue to the City.
i. Tim ence. Time is of the essence with respect to the provisions of
Section 2.
3. Escrow of Recot Wce Deed. To secure the City's Reconveyance Right, the
Developer has, on even date he e h, executed and delivered to City's counsel, Steven D.
Rubin, Esquire, as Escrow Agen ully executed Special Warranty Deed (the "Warranty
Deed"), the form of which is attac Pereto and made a part hereof as Exhibit "H". If the
Developer fails to timely satisfy the opment Conditions and the City properly and timely
exercises the City's Reconveyance Ri it n upon the City's written notice (together with an
executed "Relocated 7th Avenue Termination Certificate") to Escrow Agent and the Developer
stating that City has properly and timely exercised the City's Reconveyance Right, the Escrow
Agent shall be authorized to and shall promptly record in the Public Records of Palm Beach
County, Florida: (i) the Warranty Deed to effectuate the reconveyance of the Abandoned Alley;
and (ii) a "Relocated 7th Avenue Termination Certificate" evidencing the termination and release
of the City's Relocated 7th Avenue Easements. The form of the Escrow Agreement is attached
hereto as Exhibit "I" and the form of the Relocated 7th Avenue Termination Certificate is
attached hereto as Exhibit "J".
4. Agreement Not to Encumber. During the term of this Agreement, except as may
be reasonably necessary in connection with the development of the Project, the Developer shall
not: (i) encumber the title to the Abandoned Alley; (ii) lien, sell, convey, transfer, pledge,
mortgage, or hypothecate the Abandoned Alley; and (iii) permit any person or entity to acquire
any right, title, or interest in the Abandoned Alley (collectively referred to as an
"Encumbrance"). Any Encumbrance which is permitted under this Agreement must expressly
6
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Book23166/Page1452 Page 6 of 86
acknowledge that it is subordinate and subject to the City's Reconveyance Right set forth in this
It and that any such Encumbrance shall be extinguished and terminated if the City
the City's Reconveyance Right set forth in this Agreement. Prior to creating any such
nce, the Developer shall provide the City with written notice thereof together with
n of such other requirements of the City and an acknowledgement from the beneficiary
ncumbrance of the extinguishment of such Encumbrance upon the City's exercise of
the City' _ econveyance Right and any other related matters the City shall reasonably require,
includinthout limitation, an assumption of the Declaration, and a replacement Warranty
Deed from tim new owner of the Abandoned Alley to be placed in escrow with the Escrow
Agent, protance
ee simple title to the Abandoned Alley is transferred. Any Encumbrance not
obtained in a with the terms and provisions set forth in this section shall be void and
have no force o ect with respect to the Abandoned Alley, and shall at all times be subject and
inferior to the C Reconveyance Right. The City shall be entitled to obtain a judgment
against any perso r entity who may hold an Encumbrance declaring that the Encumbrance is
void and of no forc�a d effect and it is extinguished from the Public Records of Palm Beach
County, Florida with ct to the Abandoned Alley. The City's remedies include, but are not
limited to, injunction, s� performance, quiet title, and declaratory relief.
a
5. Default and��ies.
5.1 Default. -e failure of the Owner or the City to observe or perform any of
their respective obligations und Agreement (the "Defaulting Party") within thirty (30) days
after receipt of written notice fro t*ault
party specifying the nature of the failure (the "Non -
Defaulting Party"), shall constitute and breach of this Agreement; provided, however, if
such failure is of a nature that it csonably be cured within such thirty (30) day period,
then the Defaulting Party shall not so long as the Defaulting Party commences such
cure promptly after receiving such ri notice, and is diligently pursuing such cure to
completion. The foregoing shall not apply to the Developer's failure to satisfy any of the
Development Conditions. This Section 5.1 is not applicable to the provisions contained in
Section 2 of this Agreement.
5.2 Remedies. The terms and provisions of this Agreement are enforceable
with all remedies at law and in equity, including, but not limited to, bringing an action for actual
damages, an action for specific performance, an action for temporary restraining orders,
preliminary or permanent injunctions, declaratory judgments or other similar orders for relief;
provided, however, that suspension or termination of this Agreement on account of a breach shall
not be an available remedy unless otherwise expressly provided for herein. The parties further
agree that neither party shall have the right to recover any consequential, punitive, special,
extraordinary or speculative damages as a result of the breach of this Agreement. The parties to
this Agreement hereby acknowledge and stipulate the inadequacy of legal remedies and the
irreparable harm that would be caused by a material breach of any obligation under this
Agreement by a party to this Agreement. This Agreement may not be suspended or terminated
7
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Book23166/Page1453 Page 7 of 86
except by an instrument in writing signed by the City and the Developer and recorded in the real
pro rty records of Palm Beach County, Florida.
a 5.3 Additional Remedy. If the City exercises the City's Reconveyance Right but
the doned Alley is not effectively reconveyed to the City in compliance with the terms and
coni s of this Agreement, or if reconveyed, there is a breach of the Developer's obligation not to
encumber e Abandoned Alley, or the City does not obtain good, insurable, and marketable title to
the Abd Alley, subject only to the matters of records as of February 16, 2009, in that event,
in addition t y other available remedy to the City, the City may declare a violation of and/or
withhold, abate, or revoke approval of any then pending or existing permit, site plan,
development variance, or other governmental or quasi -governmental consent which relates to
or concerns th erall Parcel, until the Developer causes the reconveyance of the Abandoned
Alley to the City inpliance with this Agreement.
6. No- ti E
desired to be given in
the Owner as follows:
As to City:
notice, demand or request which may be permitted, required or
tion therewith shall be given in writing and directed to the City and
With a copy to:
a
City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, Florida 33444
�ttn: City Manager
-,Facsimile: (561)-278-4755
FW. 1St Avenue
Beach, Florida 33444
qty Attorney
Fa�csiimide: (561)-278-4755
As to Developer: Freecor Investments, Inc.
c/o CDS International Holdings, Inc.
3299 N.W. 2nd Avenue
Boca Raton, Florida 33431
Attn: President
Facsimile: (561) 278-6930
With a copy to: Steve Daniels, Esq.
Arnstein & Lehr LLP
515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Facsimile: (561) 655-5551
8
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Book23166/Page1454 Page 8 of 86
Atlantic Center, Ltd.
c/o CDS International Holdings, Inc.
3299 N.W. 2nd Avenue
Boca Raton, Florida 33431
Attn: President
Facsimile: (561) 278-6930
CDS ASJ Building, LLC
c/o CDS International Holdings, Inc.
3299 N.W. 2nd Avenue
Boca Raton, Florida 33431
Attn: President
Facsimile: (561) 278-6930
CDS 45, LLC
c/o CDS International Holdings, Inc.
a 3299 N.W. 2nd Avenue
Boca Raton, Florida 33431
Attn: President
Facsimile: (561) 278-6930
As to Escrow Agent:
S Gas Station LLC
CDS International Holdings, Inc.
P N.W. 2nd Avenue
``Raton. Florida 33431
(561) 278-6930
Steven D. Rubin, Esquire
980N. Federal Highway
Suite 434
Boca Raton, Florida 33432
Attn: Steven D. Rubin
Facsimile: 561-347-0828
Notices shall be deemed properly delivered and received when and if either (i) personally
delivered; or (ii) one (1) business day after deposits with United Parcel Service or other overnight
courier for next day delivery; or (iii) the same day when sent by confirmed facsimile before 5:00
p.m. (Eastern time).
7. General Provisions.
9
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Book23166/Page1455 Page 9 of 86
4 7.1 Amendment. This Agreement may be amended or modified only by a
itt instrument signed by both parties or their respective successors and assigns, which
i ept must be recorded in the Public Records of Palm Beach County, Florida.
7.2 Entire Agreement. This Agreement sets forth the entire agreement between
theDev er and the City and supersedes all prior and contemporaneous negotiations,
underst i s and agreements, written or oral, between the parties.
�.3 Governing Law. This Agreement will be interpreted and enforced in
accordance wl orida law.
7.V(,Successors and Assigns. The covenants, conditions and agreements
contained in thisement will inure to the benefit of and be binding upon the successors and
assigns of the Develond the City.
7.5A�'itv to Execute; Representations. The Developer and the City each
warrant and represent to #i6&,s9ther that the individuals signing this Agreement on behalf of the
Developer and the City, rely, have full power and authority to execute and deliver the
Agreement and to bind the Wreive parties hereto.
7.6 CounterndrfQ is Agreement may be signed in two or more counterparts,
each of which constitutes the Ag ent of the parties and each of which shall be treated as an
original.
Q
7.7 Non -Public. #Oeveloper and the City specifically acknowledge and
agree that this Agreement and the rights �bligations granted hereunder are not intended to be,
and shall not constitute in any respect or manner, a public dedication of any right or interest of the
Developer in the Abandoned Alley whatsoever, but rather are private rights for the sole use and
benefit of the parties hereto, their respective successors and assigns.
7.8 Breach Shall Not Permit Termination. It is expressly agreed that no
breach of this Agreement shall entitle either the Developer or the City to terminate this
Agreement, but such limitation shall not affect in any manner any other rights or remedies which
either the Developer or the City may have hereunder by reason of any breach of this Agreement.
7.9 Severability. If any term or provision of this Agreement or application
thereof to any person or circumstance shall, to any extent, be found by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of
such term or provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and each term or provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
10
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Book23166/Page1456 Page 10 of 86
7.10 Non -Waiver. No waiver of, or failure to assert, any claim, right, benefit or
t
any party pursuant to this Agreement shall operate as a waiver of any other claim, right
The failure of any party at any time or times to require performance of any provision
ll in no manner affect such party's right at a later time to require such performance or to
e same fully. No waiver or modification of the terms hereof shall be valid unless in
writing signed by the party to be charged, and then only to the extent therein set forth.
7.11 Headings. The headings of the articles of this Agreement are for
guidance anvenience of reference only and shall not limit or otherwise affect any of the terms
or provisions s Agreement.
7.Covenant Running with the Land. This Agreement and all of the rights,
duties and obligati s of the parties with respect thereto, shall be construed as covenants running
with the land, bindin&a d inuring to the benefit of the City or the Developer, as the case may be,
their respective succesi�qkassigns and/or grantees.
7.13 Joifgt&bv Mortgagees. By its joinder in this Agreement, all mortgagees
holding a lien against the ed Alley, if any, have consented and do hereby consent to this
Agreement, and the liens an urity interests held by such lienholders are hereby made subject
and subordinate to the terms is Agreement without the necessity of the execution of any
other document. Any future of trust or mortgages shall automatically, without the
necessity of any additional instru e be subject and subordinate to the terms and conditions of
this Agreement and shall be boun the terms of this Agreement. Any party foreclosing any
such deed of trust or mortgage, or a ing title by deed in lieu of foreclosure or trustees sale
shall acquire title subject to all the to dd provisions of this Agreement.
7.14 Joint Preparation.`i" -e preparation of this Agreement has been a joint effort
of the City and the Developer and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one party than the other.
7.15 Attorneys. In connection with any litigation, or dispute arising out of
this Agreement, each party shall bear its own attorneys' fees and costs.
7.16 Further Assurances. The parties agree to execute all future instruments and
take all further action that may be reasonably required by any party to fully effectuate the terms and
provisions of this Agreement and the transactions contemplated herein.
7.17 Venue. Any dispute relating to this Agreement shall only be filed in a court
of competent jurisdiction in Palm Beach County, Florida, and each of the parties to this Agreement
submits itself to the jurisdiction of such court.
11
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Book23166/Page1457
Page 11 of 86
7.18 Hazardous Substances. Neither the Developer nor the City shall cause or
pe tat any time during the term of this Agreement, any hazardous substances to be disposed of or
e 'se released on, to or under the Abandoned Alley or Relocated 7th Avenue. Neither the
p&r nor the City shall engage in operations over, upon or under the Abandoned Alley or
Re d 7`i' Avenue that involve the generation, manufacture, refining, transportation, treatment,
hand or disposal of "Hazardous Substances" or "hazardous wastes" as such terms are defined
under avironmental laws. Developer acknowledges however, that the Abandoned Alley will
be utilir parking and driving vehicles which may leak oil, gasoline, or other fluids onto the
ground, and
shall not be responsible for removal of such waste or have any liability for it under
this Agree1O
No Third Party Beneficiaries. No private parties other than the City shall
have the right to I
a cause of action against the Developer under this Agreement.
7.20 rce Majeure. If any party to this Agreement is delayed, hindered in, or
prevented from the pNcontrol
f any act required to be performed by that party by reason of
acts of God, strikeis
unavailability of materials, failure of power, prohibitive
governmental laws oot imposed by the City, riots, insurrections, the act or failure
to act of any otheris Agreement, adverse weather conditions preventing the
performance of work by an architect, war, act of terrorism, or other reason beyond
that party's reasonablfor which, in each of the aforesaid circumstances, the party is
diligently and in good faith ah reasonable dispatch seeking to abate and remove the
circumstances causing the delay tbindrance or prevention from performance of the act required
to be performed by that party, the Lelay.
for performance of the act shall be extended for a
period equivalent to the period of Lack of adequate funds or financial inability to
perform or financial or economic 1hardship resulting from performance shall not be
deemed to be a cause beyond the reasonontrol of such party.
8. No Penalty. The Developer acknowledges that construction of improvements on the
Overall Parcel is subject to the City's Reconveyance Right. Therefore, such construction is at the
Developer's risk and that the loss of such improvements resulting from the City's exercise of the
City's Reconveyance Right shall not be deemed a penalty or forfeiture.
9. City Approvals. The City reserves its authority to approve the architectural design
and site plan of the Project and the issuance of building permits in accordance with its governmental
and quasi -governmental functions. The foregoing provision shall not impose any additional
requirements or obligations on the Developer or the Project other than as set forth in the City's code
of ordinances and all other applicable laws and codes or in addition to any and all approvals for the
Project granted and approved as of the Effective Date.
10. Governmental Functions. Notwithstanding anything to the contrary contained in
this Agreement:
12
8547/19692-016 Current/13565008v4 02/15/2009 05:46 PM
Book23166/Page1458 Page 12 of 86
a. Even though the City has certain contractual obligations under this
Msuch obligations shall not relieve any person subject to this Agreement from complying
plicable governmental regulations, rules, laws, and ordinances;
b. To the extent approval or permission must be obtained from the
approval or permission shall be granted or denied in accordance with applicable
goveal regulations, rules, laws, and ordinances, and no person shall have any vested rights;
C. The City has not waived its sovereign immunity and the tort limits
of liability%ar
h in Fla. Stat. 768.28 which are currently $100,000 per person and $200,000 per
occurrencelicable; and
d. Any action by City shall be without prejudice to, and shall not
constitute a limit o , impairment or waiver of, or otherwise affect City's right to exercise its
discretion in connectith its governmental or quasi -governmental functions.
11. Terming Notwithstanding anything contained in this Agreement to the
contrary, if the City ex 1 P the City's Reconveyance Right, the City's easement rights in
"Vacated 7`i' Avenue" (as d that certain Declaration of Reserved Rights and Agreement Not
to Encumber the Abandoned�dated February 17, 2009, between the City and the Developer)
shall not terminate until such t that the City is vested with marketable and insurable title to the
fee of Vacated 7`h Avenue and thdoned Alley subject to matters of record against Vacated 7t'
Avenue and the Abandoned Alley &44 existed as of February 16, 2009.
AGES TO FOLLOW
13
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Book23166/Page1459
Page 13 of 86
4d1firs`t
WITNESS WHEREOF, the parties to this Agreement set their hands and seals the day
above written.
4ti z $ <
J
rr ` CITY ELRAY BEACH, FLORIDA
Yr r
By: By:
` Citi Name: i -�a, f✓ 11 i 5
Its: 0-1_r4�1 0 r
`'�� .t^ Date. 2- 24-0 9
Appygved as to F
By: �
��.City AttorneyZT
STATE OF F1 o ri
COUNTY OF KA 1 m MW
The foregoing instrument was ackhowledged before me this 2�day of a Q r , 2009, by
IR i4a e i l i S , the of the CITY OF DELRAY BEACH, FLORIDA.
He/She is personally known to
i
A 4,-�
Signature o rson Taking Ac wledgment
;��• �r Catherine Ingiese
Commission # DD565576
` Expires July 22, 2010
i 9anaoa Trod Peln-Iflumce, Inc. 800.385.7019
8547/19692-016 CurrenV13565008v4 02/15/2009 05:46 PM
Book23166/Page1460 Page 14 of 86
STATE OF F1 o ri
COUNTY OF KA 1 m MW
The foregoing instrument was ackhowledged before me this 2�day of a Q r , 2009, by
IR i4a e i l i S , the of the CITY OF DELRAY BEACH, FLORIDA.
He/She is personally known to
i
A 4,-�
Signature o rson Taking Ac wledgment
;��• �r Catherine Ingiese
Commission # DD565576
` Expires July 22, 2010
i 9anaoa Trod Peln-Iflumce, Inc. 800.385.7019
8547/19692-016 CurrenV13565008v4 02/15/2009 05:46 PM
Book23166/Page1460 Page 14 of 86
STATE.OFt
- S
COUNTY ov�/""
01m,WPER
FR-E.E.COR INVFSTMENTS;JNC.,
Florida corp
oration
Pent Name: N n �0'Uc/uJ :ter
Titio', 72r e$ m
'The foregoin iq day ,0f,*,Ul4TC-k-
by e TMEW'DA, INVESTMENT-Sil
L4
Florida dbrporaflooi on behalf4 Ch
Ora - oxi" */$he fS p4piae). pil In
sd -.
I entl i%tldd.
Notary P.tiblie,. i- Wt
.gna e,
CAROL ANN SARDO A, o rd 6
MY COMMISSION #DD518597
EXPIRES: FEB 14, 2010
(&Bonded through I st State Insurance lhifit-N.Amle
State of or r ci a. at Large
commissi7
{SEAL) 1VIy Commission Expires, _ .2z) /-C-Lo/o
-016 CtirrenU135650U8v4
02118/2009 04,14
Book23166/Page1461
Page 15 of 86
�o
STATE OF
COUNTY OF
The foregoing instru
20_4 bylMIl)Q,Y11, H- Mil MV
the general partner qf ATL
the partnership.e/ he is (
KIM A QMIGLEY
MY coMMlsslorl # Do 77e546
a EXPIRES: April 13, 2012
%g ea aaa nm NMM Pubk undewhem
(SEAL)
8547/19692-016 CurrenU135650080
Book23166/Page1462
ATLANTIC CENTER, LTD., a
Florida limited partnership
By: Atlantic Center, Inc., a Florida
corporation, its eneral partner
B•
Print Name: -
Title:
ss:
as acknowledged before me this 1 day of kr�164'4_4
of Atlantic Center Inc. a Florida co oratin
�ENTER�D., a Florida limited partnership, on behalf of
e) '`' personally known to me or has produced
entification. , /
�� i ► , ,��I� . .
Q -,i •
ZL
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/15/2009 05:46 PM
Page 16 of 86
CDS ASJ BUILDING, LLC; a Florida
limited liability company
By: CDS International Realty, LLC, a
Florida limited liability company,
its manager
B y:
Print Name: 4l � %/I Z25
Title: OVK e djlr �.
STATE OF I l IVV= '- - )
„ I _ ) ss:
COUNTY OF 6t )
The foregoing inst was acknowledged before me this 19 day of 17/�
20d , by Wj I fiax P. MI /m , R of CDS International Realty, LLC, a Florida
limited liability company, r of C S ASJ BUJL�ING, INC., a Florida corporation, on
behalf of the corporation. (check one) personally known to in or has
produced as identif'jqAtion.
Qtry Pub ' Signature
KASEYA. QU►GtEY i
MY COMMISSION # DD 778546
EXPIRES: APrU 13, 2012
(SE pf4k, E01d 'Rn Whuypub6cUnaenvrner
8547/19692-016 CurrenU135650080
Book23166/Page1463
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/18/200903:24 PM
Page 17 of 86
Q
Print Nam
ft
Vol
111310
CDS 45, LLC, a Florida limited liability
company
By4�0
Print ame:
Title:
(� j ss:
COUNTY OF
The foregoing Inst was ;knowledj,ed before me this day of
"a-kTq
20M byWI/IjA n H,M*tu0 of CDS 45 LLC -a Florida limited liability
company, on behalf of the co oy. H he is check one) �/ personally known to me or
has produced as identification.
/,-) Ukd- § - 0 U.
0 tary blic Si ture &0
Q
"• KASEYA.QUI:DD7785U46
Print Name
MY COMMISSION #State of at Large
EXPIRES: April 112eard�'""°t"r'`'° Commission No.:
(SEAL) My Commission Expires:
8547/19692-016 CurrenV13565008A
Book23166/Page1464
02/15/2009 05:46 PM
Page 18 of 86
�Imj I- j - ao
Print
4�nd Vy M W11.111KII
Print Name:
Vol
STATE OF
COUNTY(
The foregoing instrumeifl
20 1, by�lJj]Ijr . W 4jMP-Q, the
limited liability company, the ma
company, on behalf of the comp
has produced
ss:
, ;, MSEY A QUIGILEY
MY COMMISSION p00778546
EXPIRES April 13, 2012
B dW
t;,f
R. rbmry unde,wrhere
(SEAL)
8547/19692-016 CurrenV135650080
Book23166/Page1465
CDS GAS STATION, LLC, a Florida
limited liability company
By: CDS International Realty, LLC, a
Florida limited liability company,
its manager
edged before me this I? day of kAK
Kof CDS International Realty, LLC, aFlorida
GAS STATION, LLC, Florida limited liability
is (check one) personally known to me or
identification. /�
/� il
C Si
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/15/2009 05:46 PM
Page 19 of 86
EXHIB IT "A"
Legal Description of the Overall Parcel
8547/19692-016 CurrenV13565008v4 02/15/200905:46 PM
Book23166/Page1466
Page 20 of 86
DESCRIPTION OF PROJECT SITE:
1OT 1, LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA FOR ROAD
GHT OF WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 511, PAGE 516,
S 2 THROUGH 11, INCLUSIVE, LESS THE WEST 5.0 FEET THEREOF FOR
4D RIGHT OF WAY, LOTS 12 THROUGH 19, INCLUSIVE, LOT 20, LESS
T PORTION FOR THE RIGHT OF WAY FOR EAST ATLANTIC AVENUE
A U §. HIGHWAY NO. 1, LOTS 21 THROUGH 24, INCLUSIVE, LESS THE
SO 7.0 FEET THEREOF FOR ROAD RIGHT OF WAY, ALL THE EAST -WEST
ALL YING SOUTH OF AND ADJACENT TO SAID LOT 11, LESS THE WEST
5.0 FEREOF FOR ROAD RIGHT OF WAY, ALL OF THE NORTH -SOUTH
ALLE T OF WAY LYING EAST OF AND ADJACENT TO LOTS 1
THROU INCLUSIVE AND LOT 22, LESS THE SOUTH 7.0 FEET THEREOF
FOR U GHT OF WAY, ALL LYING IN BLOCK 116, TOWN OF LINTON
(NOW DELIBEACH), ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BO AGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA. (9
TOGETHER WITH _ "
a
ALL OF THE PLAT O IC PLAZA, ACCORDING TO THE PLAT
THEREOF AS RECOR PLAT BOOK 50, PAGE 129, PUBLIC RECORDS OF
PALM BEACH COUNT RIDA.
AND TOGETHER WITH:
THAT PORTION OF THE EAS F OF THE 50 FOOT ROAD RIGHT OF WAY
FOR N.E. 7' AVENUE LYING OF AND ADJACENT TO THE SAID PLAT
OF ATLANTIC PLAZA, AND T T RTION OF THE WEST HALF OF THE 50
FOOT ROAD RIGHT OF WAY FOR N.E. 7' AVENUE LYING EAST OF AND
ADJACENT TO SAID BLOCK 116, LESS THE SOUTH 7.0 FEET THEREOF.
Book23166/Page1467
Page 21 of 86
EXHIBIT `B"
Legal Description of the Abandoned Alley
8547/19692-016 CurrenU13565008v4 02/15/2009 05;46 PM
Book23166/Page1468
Page 22 of 86
ORDER NO. 04-164 PARCEL 5 ABANDONMENT
Book23166/Page1469 Page 23 of 86
Book23166/Page1470 Page 24 of 86
EXHIBIT "C"
Legal Description of Relocated 7t' Avenue
8547/19692-016 CurrenV13565008v4 02/15/2009 05:46 PM
Book23166/Page1471
Page 25 of 86
Book23166/Page1472 Page 26 of 86
COMMENCING ANORTHEAST CORNER OF SAND PLA T OF A TLANTIC PLAZA; THENCE
S 89°58'15"W., AL N HE NORTH LINE OF SAND PLA T OF A TLANTIC PLAZA, A DISTANCE OF
22118 FEET TOTH INT OF BEGINNING; THENCE S.0 -00'00't, A DISTANCE OF 359.01
FEET TO A POINT VA TURE CONCH VE TO THE NORTHWEST HA VING A CENTRAL ANGLE
OF J603325" AND A S OF 205.00 FEET, • THENCE SOUTHWESTERL Y ALONG THE ARC
OF SAID CURVE, A D/ OF 130.80 FEET TO A POINT OF REVERSE CURVATURE CONCAVE
TO THE SOUTHEAST HA CENTRAL ANGLE OF J603325" AND A RADIUS OF 165.00 FEET,
THENCE SOUTHWESTERLTHE ARC OF SAID CURVE, A DISTANCE OF 105.28 FEET;
THENCE S 0°00'00'E, A DlEN
OF 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID
ATLANTIC PLAZA AND A PTHE NORTH LINE OF EAST ATLANTIC AVENUE AS NOW LAIDOUT AND /N USE AND THE PO/NT OF SAND EASEMENT.
THE SIDE LINES OF SAID EASEA r TO BE EXTENDED OR SHORTENED TO MEET AT ALL ANGLE
POINTS AND TO TERMINATE AT TH RTH AND SOUTH LINES OF SAND PLAT OF ATLANTIC
PLAZA AND THE WESTERLY F f, OF THE SOUTH LINE OF SAID PLAT OF ATLANTIC PLAZA.
PAUL D. ENGLE
SURVEYOR & MAPPER #5708
DA TE: JAN. 23, 2009
Book23166/Page1473 Page 27 of 86
EXHIBIT "D"
Certificate of Delivery of Environmental Audit
O
8547/19692-016 CurrenV13565008v4
02/15/2009 05:46 PM
Book23166/Page1474 Page 28 of 86
Prepared by and upon Recording Return to:
Stuart T. Kapp, Esq.
Pro auer Rose LLP
5 ades Road
Su 40 West
Bo 06n, Florida 33431
�o
'AL AUDIT
THIS IFICATE OF DELIVERY OF ENVIRONMENTAL AUDIT (this
"Certificate") is iss d as of the day of 2009, by ,
City Engineer fo* City of Delray Beach, whose address is (the
"City Engineer").
WITNESSETH:
WHEREAS, this ' ' ate is issued pursuant to Section 2 of that certain Declaration of
Reserved Rights and A t Not to Encumber the Abandoned Alley, dated as of
2009, betw e City of Delray Beach, Florida (the "City"), Freecor
Investments, Inc., a Florida co i n, Atlantic Center, Ltd., a Florida limited partnership, CDS
ASJ Building, LLC, a Florida li liability company, CDS 45, LLC, a Florida limited liability
company and CDS Gas Station, a Florida limited liability company (collectively, the
'Developer"), recorded in Officia rds Book ,Page , of the Public Records of
Palm Beach County, Florida (the laration of Reserved Rights"). The Declaration of
Reserved Rights encumbers that alleyway more particularly described as follows
("Abandoned Alley"):
See Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, in accordance with the Declaration of Reserved Rights and in
consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration the
receipt whereof is hereby acknowledged, the City Engineer hereby states the following:
1. The foregoing Recitals are true and correct and are incorporated herein by this
reference, as if set forth in their entirety.
2. The undersigned is an engineer for the City of Delray Beach and has reviewed the
Environmental Audit.
3. This Certificate satisfies that certain requirement set forth in Section 2(d)(ii) of
the Declaration of Reserved Rights which provides, in part:
The Developer shall evidence that the Developer has satisfied the
Environmental Audit Condition by recording in the Public Records
1
8547/19692-016 CurrenV136185090 02/18/200904:15 PM
Book23166/Page1475
Page 29 of 86
Engineer confirming that an acceptable Environmental Audit has
been delivered to the City by the Environmental Audit Deadline.
4. All terms not defined herein shall have the meanings set forth in the Declaration
rved Rights.
0
[SIGNATURE PAGE FOLLOWS.]
�a
0
2
8547/19692-016 CurrenV136185090 02/15/200905:49 PM
Book23166/Page1476 Page 30 of 86
IN WITNESS WHEREOF, the City Engineer hereby executes and delivers this
Certificate as of the day and year first above written.
I SSES:
O
(Print Nei
-0"-,
(Print Name)
STATE OF - (/s' a
COUNTY OF
CITY ENGINEER:
City Engineer, City of Delray Beach
The foregoing ient was acknowledged before me this day of
, 2009, by , the City Engineer for the City of Delray
Beach. He/She is personally know Qeor has produced (type of
identification) as identification.
�OAignatureoferson Taking Acknowledgment
8547/19692-016 CurrenU136185090
02/15/2009 05:49 PM
Book23166/Page1477 Page 31 of 86
EXHIBIT "A"
to the Certificate of Delivery of Environmental Audit
Abandoned Alley
8547/19692-016 CurrenV13618509v1
Book23166/Page1478
02/15/2009 05:49 PM
Page 32 of 86
`-SOUTH LINE
BLOCK 116
EAST ATLANTIC
A VENUE
-------------------------------------------------------------------------------------------------------------------------------------------------------------------- -
Book23166/Page1479 Page 33 of 86
SKETCH OF DESCRIPTION
EXHIBIT 'A "
SHEET 1 OF 1
NO TES:
THIS IS NOT A SURVEY
z
Ile
LOT 11 BLOCK 116 16.0'
5
130.00' �, w
Z W o JQ
Q m 16' PLATTED ALLEY RIGHT OF WAY Q
O Z tib° a AREA = 2,081 SQUARE talo O p
Z doh FEET MORE OR LESS Q =
�a
K 0 130.00'
5'
� LOT 20U�� LOT 21 LOT 22
BLOCK 116 BLOCK 116 BLOCK 116 +
0
NORTH RIGHT OF WA Y LINE
EAST ATLANTIC AVENUE
DESCRIPTION -
ALL THAT PORTION OF THE EAST -WEST 16 FOOT ALLEY RIGHT PAUL D. ENGLE
OF WAY LYING SOUTH OF AND ADJACENT TO LOT 11, BLOCK SURVEYOR & MAPPER #5708
116, TOWN OF LINTON (NOW DELRA Y BEACH), ACCORDING
TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1, PAGE
J. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DA TE.- JULY 9, 2008
LESS THE WEST 5.0 FEET THEREOF FOR ADDITIONAL ROAD 0 BR/EN, SUITER & O BR/EN, INC
RIGHT OF WAY FOR U.S. HIGHWAY_No 1. CERTIFICATE OF AUTHORIZATION #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE. PAUL D. ENGLE
955 N.W. 17TH AVENUE, SUITE Kl
DELRAY BEACH FLORIDA 33445
ORDER NO. 04-164 PARCEL 4 ALLEY ABANDONMENT (561) 276-4501 (561) 732-3279
Book23166/Page1480 Page 34 of 86
EXHIBIT "E"
Certificate of Site Plan Certification
8547/19692-016 CurrenV13565008A 02/15/2009 05:46 PM
Book23166/Page1481 Page 35 of 86
Prepared by and upon Recording Return to:
Stuart T. Kapp, Esq.
Pro auer Rose LLP
5 ades Road
S 40 West
B �(f6n, Florida 33431
�v
�o
CERTIFICATE OF SITE PLAN CERTIFICATION
THISIFICATE OF SITE PLAN CERTIFICATION (this "Certificate") is issued as
of the *ao , 2009, by , Director of the City of Delray
Beach Planning Zoning Department, whose address is (the
"Planning and Zonir epartment").
WITNESSETH:
WHEREAS, this ' ' ate is issued pursuant to Section 2 of that certain Declaration of
Reserved Rights and A t Not to Encumber the Abandoned Alley, dated as of
2009, betw j e City of Delray Beach, Florida (the "City"), Freecor
Investments, Inc., a Florida co i n, Atlantic Center, Ltd., a Florida limited partnership, CDS
ASJ Building, LLC, a Florida li liability company, CDS 45, LLC, a Florida limited liability
company and CDS Gas Station, a Florida limited liability company (collectively, the
'Developer"), recorded in Officia rds Book ,Page , of the Public Records of
Palm Beach County, Florida (the laration of Reserved Rights"). The Declaration of
Reserved Rights encumbers that alleyway more particularly described as follows
("Abandoned Alley"):
See Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, in accordance with the Declaration of Reserved Rights and in
consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration the
receipt whereof is hereby acknowledged, the Planning and Zoning Department hereby states the
following:
1. The foregoing Recitals are true and correct and are incorporated herein by this
reference, as if set forth in their entirety.
2. The undersigned is the director of the Planning and Zoning Department for the
City of Delray Beach and has reviewed the Developer's site plan.
3. This Certificate satisfies that certain requirement set forth in Section 2(d)(iii) of
the Declaration of Reserved Rights which provides, in part:
1
8547/19692-016 CurrenV136032600 02/18/2009 04:15 PM
Book23166/Page1482
Page 36 of 86
Records of Palm Beach County, Florida a certificate issued by the
Planning and Zoning Department confirming that the Developer
has obtained certification of the Developer's site plan by the Site
Plan Certification Deadline.
All terms not defined herein shall have the meanings set forth in the Declaration
of 9ved Rights.
�o
[SIGNATURE PAGE FOLLOWS.]
2
8547/19692-016 CurrenV136032600 02/15/2009 05:49 PM
Book23166/Page1483 Page 37 of 86
IN WITNESS WHEREOF, the Planning and Zoning Department hereby executes and
delvers this Certificate as of the day and year first above written.
SSES: PLANNING AND ZONING DEPARTMENT:
0
(Print Nameo
(Print Name) r
STATE OF
COUNTY OF
The foregoing in'gtn
2009, by
Planning and Zoning Department.
(type o.
8547/19692-016 CurrenV136032600
Book23166/Page1484
By: , Director
ent was acknowledged before me this day of
the Director of the City of Delray Beach
Vhe is personally known to me or has produced
ication) as identification.
ZL
Signature of Person Taking Acknowledgment
02/15/2009 05:49 PM
Page 38 of 86
EXHIBIT "A"
to the Certificate of Site Plan Certification
Abandoned Alley
8547/19692-016 CurrenU13603260v1
Book23166/Page1485
02/15/2009 05:49 PM
Page 39 of 86
Book23166/Page1486
Page 40 of 86
Book23166/Page1487
Page 41 of 86
EXHIBIT "F"
Certificate of Construction to the "No Turning Back Point"
0
0
8547/19692-016 CurrenV135650080 02/15/200905:46 PM
Book23166/Page1488
Page 42 of 86
Prepared by and upon Recording Return to:
Stuart T. Kapp, Esq.
Pro'skauer Rose LLP
a*40
ades Road
S West
BoPon, Florida 33431
THIS IFICATE OF CONSTRUCTION TO THE "NO TURNING BACK POINT„
(this "Certificate' issued as of the day of , 2009, by ,
City Engineer foe City of Delray Beach, whose address is (the
"City Engineer").
WITNESSETH:
WHEREAS, this to is issued pursuant to Section 2 of that certain Declaration of
Reserved Rights and A e t Not to Encumber the Abandoned Alley, dated as of
2009, betty p e City of Delray Beach, Florida (the "City"), Freecor
Investments, Inc., a Florida co , Atlantic Center, Ltd., a Florida limited partnership, CDS
ASJ Building, LLC, a Florida li ed liability company, CDS 45, LLC, a Florida limited liability
company and CDS Gas Station, a Florida limited liability company (collectively, the
"Developer"), recorded in Official rds Book , Page , of the Public Records of
Palm Beach County, Florida (the aration of Reserved Rights'). The Declaration of
Reserved Rights encumbers that alleyway more particularly described as follows
("Abandoned Alley"):
See Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, in accordance with the Declaration of Reserved Rights and in
consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration the
receipt whereof is hereby acknowledged, the City Engineer hereby states the following:
1. The foregoing Recitals are true and correct and are incorporated herein by this
reference, as if set forth in their entirety.
2. The undersigned is an engineer for the City of Delray Beach and has reviewed the
construction of Relocated 7t' Avenue.
3. This Certificate satisfies that certain requirement set forth in Section 2(d)(iv) of
the Declaration of Reserved Rights which provides, in part:
The Developer shall evidence that the Developer has satisfied the
No Turning Back Condition by recording in the Public Records of
1
8547/19692-016 CurrenV136028770 02/18/2009 04:15 PM
Book23166/Page1489 Page 43 of 86
Engineer confirming that Relocated 7`h Avenue has been
constructed to the No Turning Back Point by the No Turning Back
Deadline.
4. All terms not defined herein shall have the meanings set forth in the Declaration
o ryed Rights.
�o
[SIGNATURE PAGE FOLLOWS.]
14
8547/19692-016 CurrenV136028770
Book23166/Page1490
02/15/2009 05:49 PM
Page 44 of 86
IN WITNESS WHEREOF, the City Engineer hereby executes and delivers this
Ce 'ficate as of the day and year first above written.
SSES: CITY ENGINEER:
0
(Print Nam �0�'
(Print Name)
STATE OF
COUNTY OF
The foregoing instr}
2009, by <'
Beach. He/She is personally known
identification) as identification.
8547/19692-016 CurrenV136028770
Book23166/Page1491
City Engineer, City of Delray Beach
was acknowledged before me this day of
, the City Engineer for the City of Delray
or has produced (type of
MIM
Signature of Person Taking Acknowledgment
02/15/2009 05:49 PM
Page 45 of 86
EXHIBIT "A"
to the Certificate of Construction to the "No Turning Back Point"
Abandoned Alley
8547/19692-016 CurrenU13602877v1
Book23166/Page1492
02/15/2009 05:49 PM
Page 46 of 86
Book23166/Page1493 Page 47 of 86
Book23166/Page1494
Page 48 of 86
EXHIBIT "G"
Certification of Termination and Release
8547/19692-016 CurrenV13565008A 02/15/2009 05:46 PM
Book23166/Page1495
Page 49 of 86
Prepared by and upon Recording Return to:
Stuart T. Kapp, Esq.
Pro quer Rose LLP
lades Road
40 West
B Fon, Florida 33431
�o
CERTIFICATION OF TERMINATION AND RELEASE
-0"-,
THIS IFICATION OF TERMINATION AND RELEASE (this "Certification") is
made as of the day of , 20_ (the "Effective Date"), among the CITY OF
DELRAY BEACVLORIDA (the "City"), and FREECOR INVESTMENTS, INC., a Florida
corporation, ATLA CENTER, LTD., a Florida limited partnership, CDS ASJ BUILDING,
LLC, a Florida limit bility company, CDS 45, LLC, a Florida limited liability company and
CDS GAS STATION, a Florida limited liability company (collectively, the "Developer").
a
�, WITNESSETH:
WHEREAS, this ' 'cation is issued pursuant to Section 2(h) of that certain
Declaration of Reserved Righ greement Not to Encumber the Abandoned Alley, dated as
of , 2009, betwee City and the Developer, recorded in Official Records Book
Page , of the Public ds of Palm Beach County, Florida (the "Declaration of
Reserved Rights"). The Declarati Reserved Rights encumbers that certain alleyway more
particularly described as follows (the doned Alley"):
See Exhibit "A" d hereto and made a part hereof.
NOW, THEREFORE, in accordance with the Declaration of Reserved Rights and in
consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration the
receipt whereof is hereby acknowledged, the City and the Developer hereby agree as follows:
1. The foregoing Recitals are true and correct and are incorporated herein by this
reference, as if set forth in their entirety.
2. The City and the Developer hereby terminate the Declaration of Reserved Rights
as of the Effective Date (the "Termination Date"). The City and the Developer confirm that all
terms and provisions of the Declaration of Reserved Rights have been satisfied and that as of the
Termination Date, the Declaration of Reserved Rights shall be null and void and of no further
force or effect and shall be cancelled of record.
3. As a result of the termination of the Declaration of Reserved Rights, the City's
Reconveyance Right is hereby terminated, released and of no further force and effect and the
Developer shall no longer have any obligation to reconvey the Abandoned Alley to the City.
8547/19692-016 CurrenV136025580 02/18/2009 04:26 PM
Book23166/Page1496
Page 50 of 86
4. All terms not defined herein shall have the meanings set forth in the Declaration
of Reserved Rights.
[SIGNATURE PAGES FOLLOW]
2
8547/19692-016 Current/136025580
Book23166/Page1497
02/13/2009 01:02 PM
Page 51 of 86
IN WITNESS WHEREOF, the parties hereby execute and deliver this Certification as of
the ffective Date.
V c CITY OF DELRAY BEACH, FLORIDA
By:
City
Approved as to Fq�&
City Attorney
STATE OF p
COUNTY OF
By:
Name:
Its:
The foregoing instrument was ackn ged before me this day of , 20_,
by , the of the CITY OF DELRAY BEACH, FLORIDA.
He/She is personally known tom as produced (type of
identification) as identification.
8547/19692-016 CurrenV136025580
Book23166/Page1498
Signature of Person Taking Acknowledgment
02/13/2009 01:02 PM
Page 52 of 86
SSES:
0
�e
Print Name:
Print Name: r
STATE OF
COUNTY(
ss:
FREECOR INVESTMENTS, INC., a
Florida corporation
By: -
Print
y:Print Name:
The foregoing instrument 4— cknowledged before me this _ day of ,
20_, by the of FREECOR INVESTMENTS, INC., a
Florida corporation, on behalf of the ation. He/She is (check one) personally known
to me or has produced as identification.
(SEAL)
8547/19692-016 CurrenV136025580
Book23166/Page1499
Notary Public Signature
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/13/2009 01:02 PM
Page 53 of 86
Print N
STATE OF
ss:
COUNTY OF„s )
ATLANTIC CENTER, LTD., a
Florida limited partnership
By: Atlantic Center, Inc., a Florida
corporation, its general partner
By:
Print Name:
Title:
The foregoing ins�t was acknowledged before me this _ day of ,
20_, by of Atlantic Center, Inc., a Florida corporation,
the general partner of ATL C CENTER, LTD., a Florida limited partnership, on behalf of
the partnership. He/She is (ch ne) personally known to me or has produced
ridentification.
(SEAL)
8547/19692-016 CurrenV136025580
Book23166/Page1500
Notary Public Signature
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/13/2009 01:02 PM
Page 54 of 86
O
--1
Prin me:
�c
Print Nam
Doe
f
STATE OF
COUNTY OF (�- °
The foregoing instru
20_, by , t
limited liability company, the m
behalf of the entity. He/She is (
(SEAL)
8547/19692-016 CurrenV136025580
Book23166/Page1501
CDS ASJ BUILDING, LLC, a Florida
limited liability company
By: CDS International Realty, LLC, a
Florida limited liability company,
its manager
By:
Print Name:
ss:
was acknowledged before me this _ day of ,
of CDS International Realty, LLC, a Florida
Fof CDS ASJ BUILDING, INC., a Florida corporation, on
ne) personally known to me or has produced
Notary Public Signature
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/18/2009 04:26 PM
Page 55 of 86
O
Print me:
Print Name:
STATE OF f
COUNTY OF
The foregoing ins#
20_, by C
company, on behalf of the
has produced
(SEAL)
8547/19692-016 CurrenV136025580
Book23166/Page1502
CDS 45, LLC, a Florida limited liability
company
By:_
Print N
Title:
ss:
was acknowledged before me this _ day of ,
of CDS 45, LLC, a Florida limited liability
any. He/She is (check one) personally known to me or
as identification.
Notary Public Signature
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/13/2009 01:02 PM
Page 56 of 86
P acne:
Print N�
STATE OF )
ss:
COUNTY OF )
CDS GAS STATION, LLC, a Florida
limited liability company
By: CDS International Realty, LLC, a
Florida limited liability company,
its manager
By:
Print Name:
Title:
The foregoing insti was acknowledged before me this _ day of ,
20_, by of CDS International Realty, LLC, a Florida
limited liability company, the er of CDS GAS STATION, LLC, a Florida limited liability
company, on behalf of the co He/She is (check one) personally known to me or
has produced as identification.
Q
Notary Public Signature
(SEAL)
8547/19692-016 CurrenV136025580
Book23166/Page1503
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/13/2009 01:02 PM
Page 57 of 86
EXHIBIT "A"
to the Certification of Termination and Release
Abandoned Alley
0
�0
8547/19692-016 Current/13602558v1
Book23166/Page1504
02/13/2009 01:02 PM
Page 58 of 86
Book23166/Page1505 Page 59 of 86
Book23166/Page1506 Page 60 of 86
EXHIBIT "H"
Special Warrant
8547/19692.016 CurrenU13565008v4 02/15/2009 05:46 PM
Book23166/Page1507
Page 61 of 86
This instrument prepared by
and when recorded return to:
tUTT, ESQ.
RNEY'S OFFICE
1ST AVENUE
EACH, FLORIDA 33444
SPECIAL WARRANTY DEED
TH ECIAL WARRANTY DEED is executed by FREECOR INVESTMENTS,
INC., a Flori prporation, ATLANTIC CENTER, LTD., a Florida limited partnership, CDS
ASJ BUILDINLC, a Florida limited liability company, CDS 45, LLC, a Florida limited
liability compand CDS GAS STATION, LLC, a Florida limited liability company
(collectively, "Gr tor") whose address is c/o CDS International Holdings, Inc., 3299 N.W. 2'd
Avenue, Boca RatoflZAbrida 33431, and is delivered to CITY OF DELRAY BEACH, a Florida
Municipal CorporatiokoGrantee"), whose address is 100 N.W. 1St Avenue, Delray Beach,
Florida 33444.
na
Grantor, for and in�ration of the sum of TEN & NO/100 DOLLARS ($10.00) and
other good and valuable con ' tion, paid to Grantor by Grantee, the receipt and sufficiency of
which are hereby acknowled nts, bargains, sells, and conveys to Grantee and Grantee's
successors and assigns forever,q1ertain parcel of land, situate, lying and being in Palm Beach
County, Florida, described init "A" attached hereto and made a part hereof (the
"PropertX);
Together With all easements�nts, hereditaments, and appurtenances belonging to
the Property; and
Together With all buildings and other improvements now or in the future located on the
Property; and
Together With all of Grantor's right, title, and interest, if any, in and to the streets,
avenues, roads, ways, alleys, waterways, and canals, open and proposed, in front of or adjoining
the Property;
To Have And To Hold the same in fee simple forever.
This conveyance is made subject to:
(a) Applicable zoning ordinances and restrictions; and
(b) Conditions, restrictions, reservations, limitations, and easements of record as of
February 16, 2009, which are not reimposed by this deed.
1
8547/19692.016 CurrenV135642250 02/18/2009 04:14 PM
Book23166/Page1508 Page 62 of 86
Grantor covenants that at the time of delivery of this deed, except as described above, the
Property is free of any encumbrances made by Grantor, and Grantor specially warrants the title
to e Property, and will defend it against the lawful claims and demands of all persons claiming
b rough or under Grantor, but against none other.
O
[SIGNATURE PAGES FOLLOWS]
�o
�a
0
2
8547/19692-016 CurrenU135642250 02118/200904:14 PM
Book23166/Page1509 Page 63 of 86
Grantor has caused this instrument to be duly executed on
20
1 , sealed and delivered
i r(gsence of:
�o
Print Name.
Print Name:
STATE OF �` )
ss:
COUNTY OF �Cv
The foregoing instrument acknowledged before me this _ day of ,
20_, by the, of FREECOR INVESTMENTS, INC., a
Florida corporation, on behalf of the ration. He/She is (check one) personally known
to me or has produced as identification.
FREECOR INVESTMENTS, INC., a
Florida corporation
By:
Print Name:
Title:
(SEAL)
8547/19692-016 CurrenV135642250
Book23166/Page1510
Notary Public Signature
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/18/2009 04:14 PM
Page 64 of 86
Print Name:
ATLANTIC CENTER, LTD., a
Florida limited partnership
By: Atlantic Center, Inc., a Florida
corporation, its general partner
By:
Print Name:
Title:
STATE OF )
ss:
COUNTY OF � )
The foregoing ment was acknowledged before me this _ day of ,
20
by _ he of Atlantic Center, Inc., a Florida corporation,
the general partner of AT 'SIC CENTER, LTD., a Florida limited partnership, on behalf of
the partnership. He/She isone) personally known to me or has produced
"- as identification.
Ob Notary Public Signature
Q
Print Name
State of at Large
Commission No.:
(SEAL) My Commission Expires:
8547/19692-016 CurrenV135642250 02/18/2009 04:14 PM
Book23166/Page1511 Page 65 of 86
.A
P .ne:
Print N,
�$
�o
STATE OF
COUNTY OF
The foregoing ins(b
20_, by
limited liability company, t
company, on behalf of the
has produced
(SEAL)
8547/19692-016 CurrenV13564225v3
Book23166/Page1512
CDS ASJ BUILDING, LLC, a Florida
limited liability company
By: CDS International Realty, LLC, a
Florida limited liability company,
its manager
By:
Print Name:
Title:
ss:
was acknowledged before me this day of ,
of CDS International Realty, LLC, a Florida
.ager of CDS ASJ BUILDING, LLC, a Florida limited liability
tion. He/She is (check one) personally known to me or
as identification.
Notary Public Signature
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/18/2009 04:14 PM
Page 66 of 86
Print N
V�-
STATE OF )
ss:
COUNTY OF )
The foregoing
20_, by
company, on behalf of
has produced
(SEAL)
8547/19692-016 CurrenV135642250
CDS 45, LLC, a Florida limited liability
company
By:
Print Name:
Title:
lent was acknowledged before me this day of ,
the of CDS 45, LLC, a Florida limited liability
,fpany. He/She is (check one) personally known to me or
as identification.
Notary Public Signature
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/18/2009 04:14 PM
Book23166/Page1513 Page 67 of 86
CDS GAS STATION, LLC, a Florida
limited liability company
By: CDS International Realty, LLC, a
Florida limited liability company,
its manager
By: -
Print
y:Print Name:
Title:
STATE OF d )
ss:
COUNTY OF �� )
a
The foregoing insti`r was acknowledged before me this _ day of ,
20_, by of CDS International Realty, LLC, a Florida
limited liability company, the er of CDS GAS STATION, LLC, a Florida limited liability
company, on behalf of the co He/She is (check one) personally known to me or
has produced as identification.
Q
Notary Public Signature
(SEAL)
8547/19692-016 CurrenV135642250
Book23166/Page1514
Print Name
State of
Commission No.:
My Commission Expires:
at Large
02/18/2009 04:14 PM
Page 68 of 86
EXHIBIT "A"
The Property
8547/19692-016 CurrenV135642250
Book23166/Page1515
02/18/2009 04:14 PM
Page 69 of 86
Book23166/Page1516 Page 70 of 86
Book23166/Page1517
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EXHIBIT "I"
Escrow Agreement
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02/15/2009 05:46 PM
Page 72 of 86
ESCROW AGREEMENT
THIS ESCROW AGREEMENT (this "Agreement") is made and entered into as of
%A,
17, 2009, by and between the CITY OF DELRAY BEACH, a Florida Municipal
on (the "City"), ATLANTIC CENTER, LTD., a Florida limited partnership and CDR
IC PLAZA, LTD., a Florida limited partnership (collectively, the "Developer") and
D. RUBIN, ESQ. ("Escrow Agent"). (The City, Developer and Escrow Agent are
s referred to herein individually as a "Party," and collectively as the "Parties.")
�o
RECITALS:
A.he City and the Developer are parties to that certain Declaration of Reserved
Rights and ment Not to Encumber N.E. 71" Avenue dated as of February 17, 2009 (the
``Roadwa Dec ion of Reserved Rights).
B. Tity and Freecor Investments, Inc., a Florida corporation, Atlantic Center,
Ltd., a Florida limite rtnership, CDS ASJ Building, LLC, a Florida limited liability company,
CDS 45, LLC, a Flo mited liability company and CDS Gas Station, LLC, a Florida limited
liability company are s to that certain Declaration of Reserved Rights and Agreement Not
to Encumber the Aban oLlley dated as of February 17, 2009 (the "Alley Declaration of
Reserved Rights; and tog ith the Roadway Declaration of Reserved Rights, collectively
referred to herein as the "Dnons of Reserved Rights").
�D
C. Pursuant to the of the Declarations of Reserved Rights, if the Developer
fails to timely satisfy the Develrent Conditions (as such term is defined in the Declarations of
Reserved Rights), the City has the � t to cause the Developer to reconvey Vacated 7`" Avenue
and the Abandoned Alleys to the Cite "City's Reconveyance Right").
D. To secure the City' Lt:
eyance Right, the Developer has caused to be
executed and delivered to the Escro (i) a fully executed special warranty deed for
Vacated 7`h Avenue; and (ii) a fully executed special warranty deed for the Abandoned Alleys,
both to be held in escrow with Escrow Agent (collectively, the "Deeds").
E. Escrow Agent is willing to hold the Deeds in escrow in accordance with the terms
and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
Agreement and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City, Developer and the Escrow Agent hereby agree as follows:
8547/19692-016 CurrenV13546918v4 02/19/200910:23 AM
Book23166/Page1519
Page 73 of 86
1. Recitals and Capitalized Terms. The foregoing Recitals are true and correct and
are incorporated herein by this reference, as if set forth in their entirety. All initial capitalized
terTs used, but not defined, in this Agreement shall have the meaning set forth in the
D rations of Reserved Rights.
2 Receipt and Deposit of Deeds. By its execution and delivery of this Agreement to
the the Escrow Agent hereby acknowledges that it has received the Deeds from the
Dev r.
0
Recordation of Deeds. If the Developer fails to timely satisfy the Development
Conditions ap4 the City properly and timely exercises the City's Reconveyance Right, then upon
the City's tojftn notice to Escrow Agent and the Developer stating that the City has properly
and timely exed the City's Reconveyance Right, the Escrow Agent shall promptly record the
Deeds in the c Records of Palm Beach County, Florida. Escrow Agent shall promptly
deliver a copy of recorded Deeds to the City and the Developer. Following delivery of the
recorded] t I City and the Developer, the Escrow Agent shall thereupon be released and
discharged from anyher duty or obligation hereunder.
4. Costs a ep nses. The Developer agrees to reimburse the Escrow Agent for all
costs and expenses inc J�y the Escrow Agent in serving as Escrow Agent hereunder,
including, but not limited, i1�sement for all fees in connection with recording the Deeds.
5-. Compliance WWXourt Orders. Escrow Agent is acting as a stakeholder only
with respect to the Deeds. Ifany dispute as to whether Escrow Agent is obligated to
record the Deeds, Escrow Agen ay refuse to make any recordation and may continue to hold
the Deeds until receipt by Escrownt of an authorization in writing, signed by the City and
the Developer, directing the disp n of the Deeds. In the absence of such written
authorization, Escrow Agent may ho Deeds until a final determination of the rights of the
parties in an appropriate proceeding bring an appropriate action or proceeding for leave
to deposit the Deeds in a court of co jurisdiction pending such determination. Escrow
Agent shall be reimbursed for all costs and expenses of such action or proceeding, including,
without limitation, reasonable attorneys' fees and disbursements, by the party determined not to
be entitled to the Deeds.
6. Exculpation of Escrow Agent. It is agreed that the duties of Escrow Agent are
herein specifically provided and are purely ministerial in nature, and that Escrow Agent shall
incur no liability whatsoever except for its willful misconduct or gross negligence, so long as
Escrow Agent is acting in good faith.
7. Relationship of Parties. The City and the Developer acknowledge and agree that
Escrow Agent is acting solely as a stakeholder at their request, and that Escrow Agent shall not
be deemed to be the agent of either the City or the Developer.
8. Notice. Any notice, demand or request which may be permitted, required or
desired to be given in connection therewith shall be given in writing and directed to the City and
the Owner as follows:
2
8547/19692-016 CurrenV13546918v4 02/19/200910:23 AM
Book23166/Page1520
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As to City: City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, Florida 33444
Attn: City Manager
Facsimile: (561) 278-4755
O
With a copy to: 200 N.W. l st Avenue
�U o Delray Beach, Florida 33444
Attn: City Attorney
Facsimile: (561) 278-4755
to Owner: Atlantic Center, Ltd.
c/o CDS International Holdings, Inc.
3299 N.W. 2nd Avenue
Boca Raton, Florida 33431
Attn: President
Facsimile: (561) 278-6930
CDR Atlantic Plaza, Ltd.
° c/o,CDS International Holdings, Inc.
3299 N.W. 2" d Avenue
Boca Raton, Florida 33431
Attn: President
Facsimile: (561) 278-6930
As to Escrow Agent. ven D. Rubin, Esq.
ort.
Federal Highway, Suite 434
c atop, Florida 33432
F��e: (561) 347-0828
Notices shall be deemed properly delivered and received when and if either (i) personally
delivered; or (ii) one (1) business day after deposits with United Parcel Service or other
overnight courier for next day delivery; or (iii) the same day when sent by confirmed facsimile
before 5:00 p.m. (Eastern time).
9. Successors and Assigns; Third Party Beneficiaries. This Agreement shall be
binding upon and inure to the benefit of the Parties and their respective successors and assigns
under the Declarations of Reserved Rights. This Agreement shall not confer any rights or
remedies upon any person or entity other than the Parties and their respective successors and
assigns under the Declarations of Reserved Rights.
10. Conflict with Declarations of Reserved Rights. With respect to the subject matter
of this Agreement only, if any of the terms or provisions of this Agreement conflict with, or are
inconsistent with, any terms or provisions of the Declarations of Reserved Rights, the terms and
provisions of this Agreement shall control.
3
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Book23166/Page1521 Page 75 of 86
11. Governing Law; Severability. This Agreement shall be governed by the laws of
the State of Florida. If any term or provision of this Agreement is held to be or rendered invalid
or nenforceable at any time in any jurisdiction, such term or provision shall not affect the
t'r enforceability of any other terms or provisions of this Agreement, or the validity or
ility of such affected terms or provisions at any other time or in any other jurisdiction.
. Waiver of Trial by Jury. Each Party hereby waives its right to a trial by jury in
tioon or other court proceeding by any Party against any other Party with respect to any
matter i�Ong from or in connection with this Agreement.
AAttorney's Fees. In connection with any litigation or dispute arising out of this
Agreement4,
h party shall bear its own attorneys' fees and costs.
14. e Agreement; Amendments to Agreement. With respect to the subject matter
of this Agreemenca ly, this Agreement sets forth the entire understanding and agreement of the
Parties hereto, an all supersede any other agreements and understandings (written or oral)
between or among arties on or prior to the date of this Agreement. No amendment or
modification to anyof this Agreement, or cancellation of this Agreement, shall be valid
unless in writing and e ed and delivered by all of the Parties.
O
15. Facsimile U r arts. A Party may deliver executed signature pages to this
Agreement by facsimile tra ion to any other Parties, which facsimile copy shall be deemed
to be an original executed s re page; provided, however, that such Party shall deliver an
original signature page to tParties promptly thereafter. This Agreement may be
executed in any number of courparts, each of which shall be deemed an original and all of
which counterparts together shall gtitute one agreement with the same effect as if the Parties
had signed the same signature page.
[Signatures appear on the following page]
4
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Book23166/Page1522 Page 76 of 86
IN WITNESS WHEREOF, the City, Developer and Escrow Agent have caused this
tA ement to be executed and delivered in their names by their respective duly authorized
i or representatives as of the day and year first above written.
a
CITY
�a
CITY OF DELRAY BEACH, FLORIDA
�a
Print Name:
QIts:
`r CDR ATLANTIC PLAZA, LTD., a Florida
limited partnership
By:—
Name:
Its:
DEVELOPER
ATLANTIC CENTER, LTD., a Florida limited
partnership
By: Atlantic Center, Inc.., a Florida
corporation, its General Partner
By: Delray Historic, Inc.., a Florida
corporation, its General Partner
By:
Print Name:
Its:
ESCROW AGENT
Steven D. Rubin, Esq.
8547/19692-016 CurrenV13546918v4
02/19/2009 10:23 AM
Book23166/Page1523 Page 77 of 86
OINDER
j_e undersigned, as the Owners of Vacated 7th Avenue and the Abandoned Alleys,
by execute this Agreement for the sole purpose of confirming the Escrow Agent's
grization to release and record the Deeds in the event the City's Reconveyance Right
perly exercised.
�o
CDS ASJ BUILDING, LLC, a Florida limited
liability company
8547/19692-016 CurrenV135469180
Book23166/Page1524
By: CDS International Realty, LLC, a Florida
limited liability company, its manager
By:
Print Name:
Title: .
CDS 45, LLC, a Florida limited liability company
By: CDS International Realty, LLC, a Florida
limited liability company, its manager
By:
Print Name:
QTitle:
LANTIC CENTER, LTD., a Florida limited
ership
By: Atlantic Center, Inc., a Florida corporation, its
general partner
By:_
Name:
Title:
CDS GAS STATION, LLC, a Florida limited
liability company
By: CDS International Realty, LLC, a Florida
limited liability company, its manager
By:_
Name:
Title:
02/19/200910:23 AM
Page 78 of 86
FREECOR INVESTMENTS, INC., a Florida
corporation
By:_
Nam(
Title:
8547/19692-016 CurrenV13546918v4
Book23166/Page1525
02/19/200910:23 AM
Page 79 of 86
EXHIB IT "J"
p Relocated 7t' Avenue Termination Certificate
8547/19692-016 Current/13565008v4
Book23166/Page1526
02/15/2009 05:46 PM
Page 80 of 86
Prepared by and upon Recording Return to:
Stuart T. Kapp, Esq.
tPr auer Rose LLP
5 ades Road
S 40 West
Bo Fon, Florida 33431
�o
)GATED 7TH AVEI\
TE
THIS CATED 7th AVENUE EASEMENT TERMINATION CERTIFICATE (this
"Certificate") is iss d as of the day of , 20_ (the "Effective Date"), by
the CITY OF DRAY BEACH, FLORIDA, a Florida municipal corporation in Palm Beach
County, State of Flop^ (the "City").
RECITALS:
A. CDR Ad za, Ltd., a Florida limited partnership and Atlantic Center, Ltd.,
a Florida limited partnersh' lectively, the "Developer") is the current owner of fee simple
title to Relocated 7t' Avenue ' h is legally described as follows:
See Exhi " attached hereto and made a part hereof.
B. The Developer, as tor, granted the City, as grantee, certain easements set
forth in that certain Easement Agre dated , 2009, and recorded in Official
Records Book , Page Public Records of Palm Beach County, Florida (the
"Easement Agreement").
C. The City desires to terminate the Easement Agreement as set forth in this
Certificate.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), and other
good and valuable consideration the receipt whereof is hereby acknowledged, the City hereby
states as follows:
1. The foregoing Recitals are true and correct and are incorporated herein by this
reference, as if set forth in their entirety.
2. The City hereby terminates the Easement Agreement as of the Effective Date (the
"Termination Date"). The City confirms that as of the Termination Date, the Easement
Agreement shall be null and void and of no further force or effect and shall be terminated of
record and that all rights granted to the City under the Easement Agreement are hereby
terminated.
1
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Book23166/Page1527 Page 81 of 86
3. All terms not defined herein shall have the meanings set forth in the Easement
Agreement.
[SIGNATURE PAGE FOLLOWS]
2
8547/19692-016 CurrenV135433000
Book23166/Page1528
02/13/2009 12:22 PM
Page 82 of 86
IN WITNESS WHEREOF, the City hereby executes and deliver this Certificate as of the
Effective Date.
T:
O
By:
�c
Citrk
Approved as to orm:
B y:
- f
City Attorne
STATE OF
CITY OF DELRAY BEACH, FLORIDA
By:_
Name:
Its:
COUNTY OF lwO
The foregoing instrument was ack��`" ledged before me this day of , 20_,
by , the of the CITY OF DELRAY BEACH, FLORIDA.
He/She is personally known to D has produced (type of
identification) as identification.
8547/19692-016 CurrenV135433000
Book23166/Page1529
Signature of Person Taking Acknowledgment
02/13/200912:22 PM
Page 83 of 86
EXHIBIT "A"
to the Relocated 7th Avenue Termination Certificate
Relocated 7th Avenue
8547/19692-016 CurrenV13543300v1
Book23166/Page1530
02/13/200912:22 PM
Page 84 of 86
Book23166/Page1531 Page 85 of 86
SKETCH OF DESCRIPTION
EXHIBIT "A"
SHEET 2 OF 2
44F(
TION FOR N.E. 7TH A VENUE RE-ALIGNMENT:
EASEMENT BE/NG A PORTION OF ATLANTIC PLAZA, ACCORD/NG TO THE
PLAT EOF AS RECORDED /N PLAT BOOK 50, PAGE 129, PUBLIC RECORDS OF PALM
BEA C NTY, FLOR/DA AND THAT PORTION OF THE 40 FOOT ROAD RIGHT OF WAY
FOR N.E. 7 AVENUE L Y/NG WEST OF AND ADJACENT TO SAID ATLANTIC PLAZA AS
SHOWN E PLAT OF THE TOWN OF LINTON (NOW DEL RAY BEACH) ACCORDING TO
THE PLA T OF AS RECORDED /N PLA T BOOK 1 PAGE 3, PUBLIC RECORDS OF PALM
BEACH CO OR/DA, BEING 40 FEET WEST OF AND ADJACENT TO THE FOLLOWING
DESCRIBED Lll
COMMENCING A T,(PfiE NORTHEAST CORNER OF SAND PLA T OF A TLANTIC PLAZA; THENCE
S89058'15"W., AL NG THE NORTH LINE OF SAID PLAT OF ATLANTIC PLAZA, A DISTANCE OF
221.18 FEET TO TH INT OF BEGINNING; THENCE S.0000'00'E, A DISTANCE OF 359.01
FEET TO A POINT VA TURF CONCH VE TO THE NORTHWEST HA VING A CENTRAL ANGLE
OF 3603325" AND A US OF 205.00 FEET, • THENCE SOUTHWESTERL Y ALONG THE ARC
OF SAID CURVE, A DI OF 130.80 FEET TO A PO/NT OF REVERSE CURVATURE CONCAVE
TO THE SOUTHEAST HA A CENTRAL ANGLE OF 36°33'25" AND 'A RADIUS OF 165.00 FEET,
THENCE SOUTHWESTERLtTUS
THE ARC OF SAO CURVE, A DISTANCE OF 105.28 FEET,
THENCE S.0°00'00'E, A DOF 2500 FEET TO A PO/NT ON THE SOUTH LINE OF SAID
ATLANTIC PLAZA AND A N THE NORTH LINE OF EAST ATLANT/C AVENUE AS NOW LAID
OUT AND /N USE AND THPOINT OF SAID EASEMENT.
THE SIDE LINES OF SAID EASEMW TO BE EXTENDED OR SHORTENED TO MEET A T ALL ANGLE
POINTS AND TO TERM/NA TE A T T ORTH AND SOUTH LINES OF SAND PLA T OF A TLANTIC
PLAZA AND THE WESTERL Y F ,N OF THE SOUTH LINE OF SAID PLA T OF A TLANTIC PLAZA.
PAUL D. ENGLE
SURVEYOR & MAPPER lf5708
DA TE: JAN. 23, 2009
ORDER NO. 04-164 7TH AVE RE -ALIGNMENT
Book23166/Page1532 Page 86 of 86