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5 NE 1st Street - FMSF . 14 Florida ,-- — -, Master r -" Site#8 PB00370 r_ ,.� • a HISTORICAL STRUCTURE FORM Recorder# Site J Electronic Version 1.1.0 Field Date NI File J/ Form Date 9/16/2008 First Site Form Recorded for this Site? NO FormNo 190001 FormNo=Field Date(YYYYMM) GENERAL INFORMATION Site Name(address If none) Cason cottage Multiple Listing(DHR only) Other Names » Survey or Project Name Old School Square Historic District Survey# National Register Category Building(s) LOCATION & IDENTIFICATION Address Street No. Direction Street Name Street Type Direction Suffix 5 NE 1 Cross Streets(nearest/between) N.Swinton & NE 1 Ave. City/Town(within 3 miles) Delray Beach In Current City Limits? YES County Palm Beach Tax Parcel#(s) 12-43-46-16-01-067-0052 Subdivision Name Map of Town of Linton Block Lot Ownership Private-Corporate-Non-Profit Name of Public Tract(e.g.,park) Route to(especially if no street address) MAPPING USGS 7.5' Map Name Publication Date >>DELRAY BEACH;1962 1983 Township: Range: Section: 1/4 section: >> 46s ;43E ;16;UNSP Irregular Section Name: Landgrant UTM:Zone 17 Easting Northing Plat or Other Map(map's name,location) DESCRIPTION Style Bungalow Other Style Exterior Plan Rectangular Other Exterior Plan Number of Stories 1 Structural System(s) >> Wood frame Other Structural System(s) Foundation Type(s) >> Continuous Other Foundation Types Foundation Material(s) >> Brick Other Foundation Material(s) Exterior Fabric(s) » Clapboard Other Exterior Fabric(s) Roof Type(s) >> cable Other Roof Type(s) Roof Material(s) >> Asphalt Shingles Other Roof Material(s) Roof Secondary Structure(s)(dormers etc) » Other Roof Secondary Structure(s) Number of Chimneys 1 Chimney Material Brick Other Chimney Material(s) Chimney Location(s) Pitched roof; exterior; offset Page 1 of 3 � t HISTORICAL STRUCTURE FORM 8PB00370 DESCRIPTION (continued) Window Descriptions Double hung sash, 1/1, 4/1, wood Main Entrance Description(stylistic details) Porches: #open #closed 1 #incised Location(s) Facade Porch Roof Types(s) Exterior Ornament Interior Plan Other Interior Plan Condition Structure Surroundin•s Commercial: Residential: Institutional: Undeveloped: Ancillary Features(Number!type of outbuildings,major landscape features) Archaeological Remains(describe): If archaeological remains are present,was an Archaeological Site Form completed? Narrative Description(optional) HISTORY Construction year Architect(last name first): Builder(last name first): Changes in Locations or Conditions Type of Change Year of Change Date Change Noted Description of Changes Structure Use Histo Use Year Use Started Year Use Ended Other Structure Uses Ownership History(especially original owner,dates,profession,etc.) RESEARCH METHODS Research Methods >> Other research methods SURVEYOR'S EVALUATION OF SITE Potentially Eligible for a Local Register? Name of Local Register if Eligible Idividually Eligible for National Register? Potential Contributor to NR District? Area(s)of historical significance Other Historical Associations Explanation of Evaluation(required) Page 2of3 L HISTORICAL STRUCTURE FORM 8PB00370 DOCUMENTATION (Photos, Plans,etc.) Photographic Negatives or Other Collections Not Filed with FMSF,Including Field Notes,Plans,other Important Documents. Document type: Maintaining Organization: File or Accession#: Descriptive Information: RECORDER INFORMATION Recorder Name(Last,First) Recorder Address/Phone Recorder Affiliation Other Affiliation Is a Text-Only Supplement File Attached(Surveyor Only)? ******'MASTER SITE FILE USE ONLY****** Cultural Resource Type: SHPO's Evaluation of Resource Electronic Form Used: Date Form Type Code: Form Quality Ranking: Form Status Code: Supplement Information Status: FMSF Staffer: Supplement File Status: Computer Entry Date: Form Comments: REQUIRED (1) USGS 7.5" MAP WITH STRUCTURE PINPOINTED IN RED PAPER (2) LARGE SCALE STREET OR PLAT MAP ATTACHMENTS (3) PHOTO OF MAIN FACADE,B&W, AT LEAST 3"X5" Page 3 of 3 *Florida F1_orida Site#8 PBO 0370 Master� 1' HISTORICAL STRUCTURE FORM Recorder# Site �f - �j'tt'I yt Electronic Version 1.1.0 Field Date 3/2/2005 Flle i Form Date 3/29/2005 FormNo 200503 First Site Form Recorded for this Site? NO FormNo=Field Date(YYYYMM) GENERAL INFORMATION Site Name(address If none) Cason cottage Multiple Listing(DHR only) Other Names » Survey or Project Name Old School Square Historic Resources Survey Survey# National Register Category Building(s) LOCATION & IDENTIFICATION Address Street No. Direction Street Name Street Type Direction Suffix 5 NE 1 Street Cross Streets(nearest!between) N. Swinton Ave./NE 1 Ave. City!Town(within 3 miles) Delray Beach In Current City Limits? YES County Palm Beach Tax Parcel#(s) 12-43-46-16-01-067-0052 Subdivision Name Map of Town of Linton Block Lot Ownership Private-Corporate-Non-Profit Name of Public Tract(e.g.,park) Old School Square Route to(especially if no street address) MAPPING USGS 7.5' Map Name Publication Date »DELRAY BEACH;1986 Township: Range: Section: 114section: » 46S ;43E ;16;UNSP Irregular Section Name: Landgrant UTM:Zone Easting Northing Plat or Other Map(map's name,location) DESCRIPTION Style Bungalow Other Style Exterior Plan Rectangular Other Exterior Plan Number of Stories 1 Structural System(s) » Wood frame Other Structural System(s) Foundation Type(s) >> continuous Other Foundation Types Foundation Material(s) » Brick Other Foundation Material(s) Exterior Fabric(s) » Clapboard Other Exterior Fabric(s) Roof Type(s) » Gable Other Roof Type(s) Roof Material(s) » Asphalt Shingles Other Roof Material(s) Roof Secondary Structure(s)(dormers etc) >> Other Roof Secondary Structure(s) Number of Chimneys 1 Chimney Material Brick Other Chimney Material(s) Chimney Location(s) Pitched roof; exterior; offset Page 1 of 3 HISTORICAL STRUCTURE FORM 8PB00370 DESCRIPTION (continued) Window Descriptions 4/1, 1/1 DHS, wood Main Entrance Description(stylistic details) A walkway leads to two concrete steps with capped, flanking, brick knee walls. Porches: #open #closed 1 #incised Location(s) Facade Porch Roof Types(s) Jerkinhead Exterior Ornament Headed soffit, molded rakeboards, porte-cochere with lattice posts, corner knee braces, and exposed purlins Interior Plan Unknown Other Interior Plan Condition Excellent Structure Surroundin's Commercial:SOME of this category Residential: SOME of this category Institutional: Undeveloped: Ancillary Features(Number/type of outbuildings,major landscape features) Archaeological Remains(describe): None If archaeological remains are present,was an Archaeological Site Form completed? NO Narrative Description(optional) Restored in 1988 for local historical society offices. HISTORY Construction year 1926 Architect(last name first): Builder(last name first): Changes in Locations or Conditions Type of Change Year of Change Date Change Noted Description of Changes Structure Use Histo Use Year Use Started Year Use Ended » Private residence;1926;c1980 Other Structure Uses off ices Ownership History(especially original owner,dates,profession,etc.) RESEARCH METHODS Research Methods » Sanborn maps Other research methods SURVEYOR'S EVALUATION OF SITE Potentially Eligible for a Local Register? YES Name of Local Register if Eligible city of Delray Beach ldividually Eligible for National Register? YES Potential Contributor to NR District? YES Area(s)of historical significance » Architecture Other Historical Associations Old School Square Historic Arts District Explanation of Evaluation(required) This building possesses sufficient architectural distinction and historical significance for individual local designation and NRHP listing. Furthermore, it contributes to the district. Page 2 of 3 HISTORICAL STRUCTURE FORM 8PB00370 DOCUMENTATION (Photos, Plans, etc.) Photographic Negatives or Other Collections Not Filed with FMSF,Including Field Notes,Plans,other Important Documents. Document type: Maintaining Organization: File or Accession#: Descriptive Information: RECORDER INFORMATION Recorder Name(Last,First) Hyland, Mattew; Tuk, Jared RecorderAddress/Phone 618 East South Street, Orlando, Florida, 32801 407.423.8398 Recorder Affiliation GAI Consultants - SE Other Affiliation Is a Text-Only Supplement File Attached(Surveyor Only)? No ******MASTER SITE FILE USE ONLY****** SHPO's Evaluation of Resource Cultural Resource Type: s s Electronic Form Used: silo Date Form Type Code: NORM Form Quality Ranking: NEW Form Status Code: SCAT Supplement Information Status: NO SUPPLEMENT FMSF Staffer: Supplement File Status: NO SUPPLEMENT FILE Computer Entry Date: 3/29/2005 Form Comments: • E i ;ilv• , t / .4%1 're TIll 1111 1111 ' 't''' =1il1l' 11111 7 ■ Ill1111' 1111 - 11( • W 7111110 '�r • _ _t' - ...,40 —1r • '�', %-- sc I '•�i ,w. .,i} .. 'ill a�''I\ •i I 111. ` '. y Oy - 11 ;1 .._ - ' , ' 1- l L k ' - I REQUIRED ? .` PAPER , . ... .., y - .' _ ATTACHMENT. -.' . 1y Page 3 of 3 • PB00370-200503 Supplementary Printout > USGS map name/year of publication or revision: DELRAY BEACH;1986 > Township/Range/Section/Qtr: 46S;43E;16;UNSP > Structural system(s): Wood frame > Foundation types: Continuous > Foundation materials: Brick > Exterior fabrics: Clapboard > Roof types: Gable Flat Jerkin head > Roof materials: Asphalt Shingles > Roof secondary structures(dormers etc): > Change status/year changed/date noted/nature: > Original, intermediate, present uses/year started/year ended: Private residence;1926;c1980 > Research methods: Sanborn maps Pedestrian Examine local property records Library research-local Plat map > Area(s)of historical significance: Architecture > Repositories: Collection/Housed/Accession#/Describe > [Other name(s)]: Page 1 Of 1 ..r4.e.o.,,`ir.:tf°,'j,:,'.* 'rY.r r«t a y t a,, z KJ �, `'''+��. rs1 •:� ' 3' d' k 4»: . ,;Rt � ,r,•'• ..T, '7�"�,�I(L.■ .,r �,r�F .�. t `+•'' p, }"".+- �r a 'L R.q 1 ;Yyv,,• 1. 4' rs-.r c +,l? 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First Street, Delray Beach STATE OF FLORIDA DEPARTMENT OFSTATE FLORIDA MASTER SITE FILE • Division Management of Archives.History andndRecordsSite Inventory Form FDAHRM 802= DS•HSP•3AAA Rev.3.79 1009= = Site No. Site Name 830= = Survey Date 85-86 820= = Address of Site: 9 N E _ First StrQPt, DQlray BQach 905= = Instruction for locating • 813= = Location: Linton 67 8 868= = subdivision name block no. lot no. County: PALM BEACH 808= = Owner of Site: Name: William Perry Address: 38 High Ave. , Nyack, N. Y. 10960 902= = Type of Ownership Private 848= = Recording Date 4-1 4-86 832= = Recorder: Name & Title: J. P. Johnson • Address: HPBCPB 818= = Condition of Site: Integrity of Site: Original Use Residence 838= = Check One Check One or More Present Use Residence 850= = ❑ Excellent 863= _ ❑ Altered 858= = Dates: Beginning c, j'1I.S 844= • ❑. GGood 863= = I_ ltered 858= = CUlture/Phase / 840= = Ir��J' Fair 863= = Original Site 858= = Period 1- 845= = 'Deteriorated 863= = ❑ Restored( )(Date: )( )858= = ❑ Moved( )(Date: )( )858= NR Classification Category: Bui ldi ng 916= = • Threats to Site: • Check One or More 1 Zoning( )( )( )878= = ❑ Transportation( )( )( )878== licrl)eevelopment( )( )( )878= = LI Fill( )( )( )878== l�/Deterioration( )( It )878= = ❑ Dredge( )( )( )878== tIQ Borrowing( )( )( )878= = ❑ Other(See Remarks Below): 878== Areas of Significance: Architecture 910= = Significance: • • 911 = = r},1 - rot. ARCHITECT Unk. 872= = BUILDER Unk. 874= = STYLE AND/OR PERIOD vernacular 964= = PLAN TYPE - Rectangular 966= = EXTERIOR FABRIC(S) - Wood 854= = STRUCTURAL SYSTEM(S) 856= = PORCHES None 942 FOUNDATION: Concrete ROOF 942= _ ROOF TYPE: Mixed_ 942= = SECONDARY ROOF STRUCTUAE(S)_ 942= _ CHIMNEY LOCATION_ S w _ 942= = WINDOW TYPE: 942= = CHIMNEY: Brick 882= = ROOF SURFACING: rompQsit-1c s Shingle 882— ORNAMENT EXTERIOR: Wood 882= = NO. OF CHIMNEYS One 952= = NO. OF STORIES One 950= = NO. OF DORMERS Zero 954= = Map Reference(incl. scale & date) Del ray Reach, topographic, 1: 24 , 000 1962 ,1983 809= = Latitude and Longitude: 800= = Site Size(Approx_Acreage of Property): 833= = I N - LOCATION SKETCH OR MAPS N Township Range Section • +J 46 43 16 812= = UTM Coordinates: �C El-I o ' ' N. E.. First St. 890= = .- -- - Zone Easting Northing 3 z cn z E. Atlantic Ave. Photographic Records Numbers 860= = Contact Print 0.247 . xy r N CITY I T Y 'S/ OFFICE 200 NW 1st AVENUE • DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 •FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line:561/243-7091 MEMORANDUM A(.America City ' DATE: September 16, 2003W 1 le y� 1993 2001 S E P 1 8 2003 TO: City Commission PLANNING ZONING Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Amended and Restated Lease Agreement for Cason Cottage and 1925 Historic Bungalow Between the City and Historic Society, Historic Facade Architectural Control and Redevelopment Easement The City currently has a lease which incorporates the 1925 Bungalow and Cason Cottage. However, the Lease is amended and restated to include the Historic Façade Architectural Control and Redevelopment Easement (Historic Façade Easement) conditions and requirements. Lease The Lease is for ten (10) years and extends until February 5, 2009. Delray Beach Historical Society is to pay utilities and keep the facilities in good repair, except for external walls, roof, structural members, and air conditioning equipment which the City is to maintain. However, the Historical Society must completely restore the 1925 Bungalow before the City assumes any maintenance responsibilities on the bungalow. The Historic Facade Easement terms are also incorporated into the Lease. The Historic Society shall be responsible for the requirements contained therein except if the Lease provides otherwise. Historic Facade Easement (Facade Easement) The Historic Facade Easement is an Easement the City grants to the Community Redevelopment Agency (CRA) in exchange for the CRA granting to the Delray Beach Historical Society $50,000.00 for the renovation of the 1925 bungalow. In exchange, restrictions are placed on renovations and color changes that effect the façade. There is a requirement that the façade shall be repainted once within a ten year period or as otherwise required to properly maintain the building. The building must be visible to the public. The façade easement runs with the land in perpetuity. Please place both the Historic Façade Easement and the Amended and Restated Lease on the September 23, 2003 City Commission agenda for approval. Please call if you have any questions. SAR:ci Cc: Diane Colonna, Director, CRA Paul Dorling, Director of Planning and Zoning Wendy Shay, Historic Preservation Planner Mary Swinford, Delray Beach Historical Society Carol McMillan Stanley, Esq Robert Federspiel, Esq. r r AMENDED AND RESTATED LEASE AGREEMENT FOR CASON COTTAGE AND THE 1925 HISTORIC BUNGALOW THIS AMENDED AND RESTATED LEASE made this day of , 200 , by and between the CITY OF DELRAY BEACH, a municipal corporation, hereinafter referred to as the "Lessor" and the DELRAY BEACH HISTORICAL SOCIETY,jointly and severally, hereinafter referred to as the "Lessee". WHEREAS, Lessee is an organization dedicated to the promotion and appreciation of the history of the Delray Beach area and its environs; and WHEREAS, the Lessee currently utilizes the property known as the "Cason Cottage"for a museum and offices; and WHEREAS, Lessor and Lessee had previously entered into a ten (10) year lease for the property which expired upon July 25, 1989, and which provided for renewal of the lease upon the express written consent of the parties; and WHEREAS, Lessee's Board of Directors has voted to renew the lease. WHEREAS, the parties entered into Amendment No. 1 to the Lease Agreement February 14, 2002 to include the 1925 Historic Bungalow as part of the Leased Premises. • NOW, THEREFORE, in of the sum of One Dollar ($1.00) and the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: That, subject to the terms and conditions hereinafter set out, the Lessor hereby lets and leases unto the Lessee that land and the buildings and improvements thereon 1 Y known as the "Cason Cottage" and "the 1925 bungalow", in the City of Delray Beach, Florida, and which property is more particularly described on Schedule A attached hereto and made a part hereof. 1. Term and Rental. The term of this lease shall be ten (10) years from the 5th day of February, 1999, at an annual rental of one dollar ($1.00) payable in advance, on the first day of each calendar year. 2. Covenants of Lessee. The Lessee hereby covenants and agrees. a. To Pay Rent. That it shall pay the said rent at the time said and in the manner set out above, except only in the case of fire or other casualty as hereunder provided. b. To Pay Utilities. That it shall promptly pay, to the appropriate billing entities, all gas, electric, water and telephone charges which may become payable during the term of this lease for gas, electricity, water and telephone service consumed on or provided to the leased premises. c. To Pay Other Charges. That it shall promptly pay stormwater assessment fees and solid waste authority fees billed to the leased premises. d. To Keep in Repair and in Good Condition. That it shall keep the leased premises, excluding the exterior walls, roof and other structural members of the building including the heating and air-conditioned equipment, in such or better repair as the same are at the commencement of this lease term or at the renewal hereof, reasonable wear and tear and damage by fire or other unavoidable casualty excepted. It is explicitly agreed that the duty of the Lessee under this covenant shall include furnishing all necessary janitorial and cleaning services, care and maintenance of the 2 i t building and any interior renovation or redecoration not involving major structural changes, provided; however, Lessee shall completely restore the 1925 Historic Bungalow as a prerequisite to the Lessor assuming any maintenance responsibility under the lease. e. Not to Injure or Deface. That it shall not injure, overload or deface,or allow to be injured, overloaded or defaced, the premises or any part thereof. f. Not to Make Unlawful Use. That it shall not make, or allow to be made, any unlawful, improper or offensive use of the premises which would be injurious to any person or property, or which would violate the laws of the State of Florida or the United States, or any ordinance of the City of Delray Beach, or any administrative rules or regulations promulgated by the City Manager, or which would affect or endanger any insurance on said building or increase any premium thereof which is at all borne by Lessor. g. Not to Make Alterations. That it shall not make any modifications, alterations or additions in and to the premises without the advance express written consent of the Lessor, except for the complete renovation of the 1925 Bungalow which shall comply with the terms of the Historic Facade Architectural Control and Redevelopment Easement attached as Exhibit "Be. h. Not to Assign. That it shall not assign, sublet or otherwise transfer possession of all or part of the leased premises without the advance express written consent of the Lessor. 3 r r i. To Permit Lessor to Enter. That it shall allow the Lessor, and the Lessor reserves the right at all reasonable times, to enter and view the premises and to make any repairs which it may see fit to make. j. To Yield up Premises. That at the expiration of the term of this lease, it shall peaceably yield up to the Lessor the premises and all buildings thereon, in good repair in all respects, reasonable use and wear and damage by fire and other unavoidable casualties excepted. k. To Indemnify Against Accidents and Negligence. That it shall save harmless, indemnify and defend the Lessor, its officers, employees, and agents, from and against any and all loss, liability or expense that may be incurred by reason of any claim or litigation arising out of or in connection with Lessee's occupancy and use of the leased premises, including, but not limited to, any accident with the appliances and fixtures installed by the Lessee, or the gas, water or other pipes, or from any damage or neglect arising from or in any way connected with the use, misuse or abuse of all utilities or from any neglect in not removing foreign objects from the sidewalks, grounds, structure, or roof of the building. I. To Bear Risk for Contents. That all property of any kind, whether owned by the Lessor or Lessee, that may be on the premises during the duration of this lease shall be at the sole risk of the Lessee, and that the Lessor shall not be liable to the Lessee or any other person for injury, loss or damage to property or to any person on the premises. 4 r i m. To Pay Taxes. That it shall pay the real estate and personal property taxes, if any, assessed upon the premises during the term of this lease as they shall fall due. n. To Pay Insurance Premiums for Fire or Casualty. That it shall pay all premiums on the policies of fire or casualty insurance or both covering said premises and in such amounts and under such terms as may be required by Lessor. o. To Carry a General Liability Policy. That it shall carry, or if already in existence, maintain a general liability insurance policy for the premises covered by this lease. p. No Waiver. That no assent, expressed or implied, by the Lessor to any breach of any of the Lessee's covenants shall be deemed to be a waiver of any succeeding breach of the same or other covenants. q. Pest Control. Regular pest control service shall be the financial responsibility of the Lessee, but the Lessor reserves the right to designate and retain the pest control service for performing this function. r. Lighted Sion. A lighted identification sign shall be erected, or if already in existence, shall be maintained, that lists both the Lessor and Lessee's names, and identifies the subject structure. All exterior improvements, painting or any other identification signs or markings shall be provided only in accordance with the applicable City of Delray Beach Code of Ordinances and with the advance express approval of the City Manager or his/her designee. s. Facade Easement. In consideration of Lessor permitting the Lessee to have the grant funds, Lessee shall undertake all duties of the Grantor as 5 t provided in the Historic Façade Architectural Control and Redevelopment Easement attached hereto and incorporated as Exhibit "B" hereto, except as modified herein. 3. Covenants of Lessor. The Lessor hereby covenants and agrees: a. Quiet Enjoyment. That the Lessee shall peaceably hold and enjoy the leased premises. b. Fixtures. That it shall allow the Lessee to install such fixtures and appliances as may be necessary for the proper conduct of its business, and, at the expiration.of the term of this lease, that it shall allow the Lessee a reasonable length of time to remove any and all such fixtures which may be movable and which are owned by the Lessee. 4. Fire or Other Unavoidable Casualty . In case the premises or any part thereof shall at any time during the term of this lease be destroyed or damaged by fire, act of God or other causes beyond the control of the Lessor and through no fault or neglect on the part of the Lessor, then the Lessor shall be under no obligation to repair or re-erect the leased structure. If the condition of the leased premises should be so rendered unsuitable by the foregoing causes, either party to this lease agreement shall have the option to cancel this lease. 5. Right of Reentry. If the Lessee shall neglect or fail to perform any of its covenants, and including if any yearly installment of rent be overdue and unpaid for ten (10) days, the Lessor may, immediately or at any time thereafter, after ten (10) days notice, enter into the premises and repossesses the same as of its former estate and expel the Lessee, but without prejudice to any remedies which might otherwise be used 6 , • by the Lessor for arrears of rent or any other breach of the Lessee's covenants or the waiver of any rights of the Lessor. 6. Notice. Whenever notice is required hereunder, it shall be addressed as follows until written notice to change of address is given to the other party. Lessor Lessee City Manager's Office Cason Cottage Museum 100 N.W. 1st Avenue Five Northeast First Street Delray Beach, FL 33444 Delray Beach FL 33444 7. Number: Gender. As the context herein may require, the singular shall be deemed to include the plural, and the masculine shall be deemed to include the feminine and neuter. • 8. Purpose. It is understood and agreed that the Lessee shall use said leased premises for maintenance of an historical landmark and a museum and other activities concerning the City of Delray Beach and its environs, in order to preserve such information and present it to the general public in such a way as to educate and inform the public about the heritage of the Delray Beach area; provided, however, such use does not violate any of the provisions or covenants of this lease agreement. 9. Termination. The Lessor does hereby reserve the right to terminate this lease at any time in the future, either during the initial term or any renewal, upon sixty (60) days written notice to the Lessee at the address set forth in this lease agreement; provided, however, that the Lessor agrees that it shall endeavor to make reimbursements to the Lessee for any costs for capital expenditure additions to the structure, except for regular maintenance or care items, should the Lessor elect to terminate this lease in advance of the expiration of the ten (10)year term hereof, except 7 ' if such termination be for breach of this lease agreement or violation of or failure to comply with any of the covenants set forth in this lease agreement. 10. Remedies. Mention in this lease of any particular remedy in favor of the Lessor shall not preclude the Lessor from any other remedy to which it may be entitled. 11. Waiver or Modification. None of the covenants and conditions herein shall be waived or modified except by the Lessor in writing, and no alleged verbal waiver or modification shall be binding under any circumstances. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 200 Attest: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Mayor Jeff Perlman Approved as to form: By: City Attorney DELRAY BEACH HISTORICAL SOCIETY By: Name Printed: Title: 8 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200 , by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped Title or Rank Serial Number, if any 9 I Legal Description: TOWN OF DELRAY S 26.5 FT OF LT 5 & LTS 6 to • 8INC BLK 67 (OLD SCHOOLSQUARE HIST DIST) EXHIBIT A . HISTORIC FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT THIS.HISTORIC FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT made this day of , 200 , by and between the CITY OF DELRAY BEACH, ("Grantor") and the COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, an entity created pursuant to Chapter 163 of the Florida Statutes, ("Grantee"). WITNESSETH: WHEREAS,the Grantee is organized as a redevelopment agency under the laws of the State of Florida and is empowered to facilitate redevelopment of designated areas within the City of Delray Beach, Florida; and WHEREAS, the Grantee is authorized to preserve significant properties within its redevelopment area and to facilitate the redevelopment of properties which have deteriorated and are a part of the slum and blight within such area and after redevelopment to preserve such improvements in order to maintain the integrity of the redevelopment project; and WHEREAS, the Grantor is owner in fee simple of certain real property in the City of Delray Beach, Palm Beach County, Florida, .(hereinafter "the Premises,") described in Exhibit "A" hereto said Premises including structure(s) (hereinafter the "Building") and is more particularly described below; and WHEREAS,the Grantee is willing to provide Fifty Thousand Dollars($50,000.00)to the Grantor's Lessee, the Delray Beach Historical Society, for the renovation of the Building; and WHEREAS, the Grantor and Grantee recognize the value and significance of preserving and controlling the architectural appearance and facade of the exterior of the Building and the appearance of the Premises as they relate to the overall integrity of the redevelopment of the area within which the Premises are located and have the common purpose of conserving and preserving the value and integrity of the redevelopment efforts expended. Said Premises including One structure commonly known as the 1925 Historic Bungalow also known as the Lavender Shutter Building (hereinafter"the Building"), and is - more particularly described below: The South 32 feet of Lot 5 and all of Lots 6, 7, and 8, Block 67, TOWN OF DELRAY,formerly Town of Linton, according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. 1 EXHIBIT B WHEREAS,the Grantor and Grantee recognize the historical,cultural,and aesthetic value and significance of the Premises,and have the common purpose of conserving and preserving the aforesaid value and significance of the Building; and WHEREAS, the grant of the Historic Facade Architectural Control and Redevelopment Easement by Grantor to Grantee on the real property referred to herein will assist in preserving and maintaining the Premises and its architectural, historical, and cultural features; and WHEREAS,the grant of the easement by Grantor to Grantee on the Historic Facade Architectural Control and Redevelopment Easement to Grantee on the Premises will assist in preserving and maintaining the aforesaid value, integrity of the Premises, redevelopment effort and historic significance of.the Premises; and WHEREAS, as well as providing the assurances required by the Grantee that its redevelopment efforts will be preserved; and WHEREAS,to that end, Grantor desires to grant to Grantee,and Grantee desires to accept, a Historic Facade Architectural Control and Redevelopment Easement on the. Premises, pursuant to the Laws of the State of Florida. NOW, THEREFORE, in consideration of Ten Dollars ($10.00)and other good and valuable consideration including the payment of Fifty Thousand Dollars($50,000.00)by the Grantee to the Grantor's Lessee, receipt of which is hereby acknowledged, Grantor does hereby irrevocably grant and convey unto the Grantee a Historic Facade Architectural Control and Redevelopment Easement in gross in perpetuity (which easement is more particularly described below and is hereinafter"the Easement")in and to that certain real property and the exterior surfaces of the Building located thereon, owned by the Grantor, and more particularly described as: The Easement,to be of the nature and character hereinafter further expressed shall constitute a binding servitude upon said Premises of the Grantor, and to that end Grantor covenants on behalf of itself, its successors, and assigns, with Grantee, its successors, and assigns, such covenants being deemed to run as a binding servitude, in perpetuity, with the land, to do upon the Premises each of the following covenants and stipulations, which contribute to the public purpose in that they aid significantly in the preservation of the Building and surrounding land area, and which help maintain and assure the present and future historic integrity of the Building: 1. Description of Facade. In order to make more certain the full extent of Grantor's obligations and the restrictions on the Premises(including the Building), and in order to document the external nature of the Building as of the date hereof, attached hereto as Exhibit "A" and incorporated herein by this reference are a set of photographs depicting the exterior surfaces of the Building and the surrounding property. It is stipulated by and between Grantor and Grantee that the external nature of the Building as shown in 2 Exhibit"B"is deemed to be the external nature of the Building as of the date hereof and as of the date this instrument is first recorded in the land records of Palm Beach County,State of Florida. The external nature of the Building as shown in Exhibit "B" is hereinafter referred to as the "Facade". 2. Grantor's Covenants. In furtherance of the easement herein granted,Grantor undertakes, of itself, to do (and to refrain from doing as the case may be) upon the Premises each of the following covenants, which contribute to the public purpose of significantly protecting and preserving the Premises: (a) Grantor shall not demolish, remove or raze the Building or the Facade except as provided in Paragraphs 6 and 7. (b) Without the prior express written permission of the Grantee,signed by a duly authorized representative thereof, Grantor shall not undertake any of the following actions: (i) increase or decrease.the height of the Facade or the Building; (ii) adversely affect the structural soundness of the Facade; (iii) make any changes in the Facade including the alteration, partial removal, construction, remodeling, or other physical or structural change including any change in color or surfacing,with respect to the appearance or construction of the Facade, with the exception of ordinary maintenance pursuant to Paragraph 2(c) below; • (iv) erect anything on the Premises or on the Facade which would prohibit them from being visible from street level, except for a temporary structure during any period of approved alteration or restoration; (v) permit any significant reconstruction,repair,repainting,or refinishing of the Facade that alters their state from the existing condition. This subsection (v)shall not include ordinary maintenance pursuant to Paragraph 2(c) below; (vi) erect, construct, or move anything on the Premises that would encroach on the open land area surrounding the Building and interfere with a view of the Facade or be incompatible with the historic or architectural character of the Building or the Facade. (c) Grantor agrees that at all times to maintain the Building in a good and sound state of repair and to maintain the Facade and the structural soundness and safety of the Building and to undertake a maintenance program so as to prevent deterioration of the Facade which shall include but not be limited to repainting once within a ten year(10) period or as otherwise may be required to maintain the building in a reasonable condition. Subject to the casualty provisions of Paragraphs 5 through 7, this obligation to maintain shall require replacement, rebuilding, repair, and reconstruction whenever necessary to 3 ' 4 ) ' have the external nature of the Building at all times appear to be and actually be the same as the Facade. (d) No buildings or structures,including satellite receiving dishes,camping accommodations, or mobile homes not presently on the Premises shall be erected or placed on the Premises hereafter, except for temporary structures required for the maintenance or rehabilitation of the property, such as construction trailers. (e) No signs, billboards,awnings,or advertisements shall be displayed or placed on the Premises or Building; provided, however,that Grantor may,with prior written approval from and in the sole discretion of Grantee, erect such signs or awnings as are compatible with the preservation and conservation purposes of this easement and appropriate to identify the Premises and Building and any activities on the Premises or in the Building. Such approval from Grantee shall not be unreasonably withheld. (f) No topographical changes,including but not limited to excavation,shall occur on the Premises; provided, however, that Grantor may, with prior written approval from and in the sole discretion of Grantee, make such topographical changes as are consistent with and reasonably necessary to promote the preservation and conservation purposes of this easement. (g) There shall be no removal, destruction, or cutting down of trees, shrubs, or other vegetation on the Premises; provided, however, that Grantor may with prior written approval from and in the sole discretion of Grantee, undertake such landscaping of the Premises as is compatible with the preservation and conservation purposes of this easement and which may involve removal or alteration of present landscaping, including trees, shrubs, or other vegetation. In all events, Grantor shall maintain trees, shrubs, and lawn in good manner and appearance in conformity with good forestry practices. (h) No dumping of ashes, trash, rubbish, or any other unsightly or offensive materials shall be permitted on the Premises. (i) The Premises shall be used only for purposes consistent with the preservation and conservation purposes of this easement. (j) The Premises shall not be subdivided and the Premises shall not be devised or conveyed except as a unit. (k) No utility transmission lines,except those reasonably necessary for the existing Building, may be created on said land, subject to utility easements already recorded. (I) To maintain at all times the subject property on the City of Delray Beach's local historic designation pursuant to the requirements of 4.5.1 Land Development 4 . 4 , Regulations of the City of Delray Beach (1996). 3. Public View. Grantor agrees not to obstruct the substantial and regular opportunity of the public to view the exterior architectural features of any building,structure, or improvements of the Premises from adjacent publicly accessible areas such as public streets. 4. Standards for Review. In exercising any authority created by the Easement to inspect the Premises, the Building, or the Facade; to review any construction or alteration; or to review casualty damage or to reconstruct or approve reconstruction of the Building following casualty damage, Grantee shall apply the Standards for Rehabilitation and Guidelines for Rehabilitating Historic Building, issued and as may be amended from time to time by the Secretary of the United States Department of the Interior(hereinafter the "Standards") and/or state or local standards considered appropriate by Grantee for review of work affecting historically or architecturally significant structures or for construction of new structures within historically, architecturally, or culturally significant areas, and whenever Grantee receives notice that the Standards have been amended, it shall notify Grantor of the amendment. In the sole judgment of the Grantee, the Grantee may apply reasonable alternative standards and notify Grantor of the substituted standards. 5. Casualty Damage or Destruction. In the event that the Premises or any part thereof shall be damaged or destroyed by casualty, the Grantor shall notify the Grantee in writing within one (1)day of the damage or destruction, such notification including what, if any, emergency work has already been completed. For purposes of this instrument, the term "casualty" is defined as such sudden damage or loss as would qualify for a loss deduction pursuant to Section 165(c)(3)of the Code(construed without regard to the legal status, trade, or business of the Grantor or any applicable dollar limitation). No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Property and to protect public safety, shall be undertaken by Grantor without the Grantee's prior written approval of the work. Within four(4)weeks of the date of damage or destruction,the Grantor shall submit to the Grantee a written report prepared by a qualified restoration architect and an engineer, if required, acceptable to the Grantor and the Grantee which shall include the following: (a) an assessment of the nature and the extent of the damage; (b) a determination of the feasibility of the restoration of the Facade and/or reconstruction of damaged or destroyed portions of the Premises; and (c) a report of such restoration/reconstruction work necessary to return the Premises to the condition existing at the date(hereof or of the completion of any required work as set forth in the Easement). If in the opinion of the Grantee, after reviewing such report, the purpose and intent of the Easement will be served by such restoration/reconstruction, the Grantor shall within eighteen (18) months after the date of s such change or destruction complete the restoration/construction of the premises in accordance with plans and specifications consented to by the Grantee up to at least the total of the casualty insurance proceeds. Grantee has the right to raise funds toward the costs of restoration of partially destroyed premises above and beyond the total of the casualty insurance proceeds as may be necessary to restore the appearance of the Facade, and such additional costs shall constitute a lien on the Premises until repaid by Grantor. 6. Grantee's Remedies Following Casualty Damage. The foregoing notwithstanding, in the event of damage resulting from casualty,as defined at Paragraph 5, which is of such magnitude and extent as to render repairs or reconstruction of the Building impossible using all applicable insurance proceeds, as determined by Grantee by reference to bona fide cost estimates, then • (a) Grantee may elect to reconstruct the Building using insurance proceeds, donations, or other funds received by Grantor or Grantee on account of such casualty, but otherwise at its own expense(such expense of Grantee to constitute a lien on the premises until repaid in full); or (b) Grantee may elect to choose any salvageable portion of the Facade and remove them from the premises, extinguish the easement pursuant to Paragraph 24, and this instrument shall thereupon lapse and be of no further force and effect, and Grantee shall execute and deliver to Grantor acknowledged evidence of such fact suitable for recording in the land records of Palm Beach County, Florida, and Grantor shall deliver to Grantee a good and sufficient Bill of Sale for such salvaged portions of the Facade. 7. Review After Casualty Loss. If in the opinion of the Grantee, restoration/reconstruction would not serve the purpose and intent of the Easement, then the Grantor shall continue to comply with the provisions of the Easement and obtain the prior written consent of the Grantee in the event the Grantor wishes to alter, demolish, remove, or raze the Building, and/or construct new improvements on the Premises. 8. Grantee's Covenants. The Grantee hereby warrants and covenants that: (a) In the event the Grantee shall cease to exist, then all of its rights and obligations under the easement shall pass to and inure to the benefit of the City of Delray Beach, Florida. (b) Grantee may, at its discretion and without prior notice to Grantor, convey, assign, or transfer this easement to a unit of federal, state,or local government or to a similar local,state,or national organization whose purposes, inter alia, are to promote the preservation of the redevelopment effort expended on the Premises and the surrounding properties, provided that any such conveyance, assignment, or transfer requires that the preservation and redevelopment purposes for which the easement was granted will continue to be carried out. 6 (c) Grantee shall exercise reasonable judgment and care in performing its obligations and exercising its rights under the terms of the Easement. 9. Inspection. Grantor hereby agrees that representatives of Grantee shall be permitted at all reasonable times to inspect the Premises, including the Facade and the Building. Grantor agrees that representatives of Grantee shall be permitted to enter and inspect the interior of the Building to ensure maintenance of structural soundness and safety; inspection of the interior will not, in the absence of evidence of deterioration, take place more often than annually, and may involve reasonable testing of interior structural condition. Inspection of the interior will be made at a time mutually agreed upon by Grantor and Grantee, and Grantor covenants not to withhold unreasonably its consent in determining a date and time for such inspection. 10. Grantee's Remedies. Grantee.has the following legal remedies to correct any violation of any covenant,stipulation,or restriction herein, in addition to any remedies now or hereafter provided by law: (a) Grantee may,following reasonable written notice to Grantor, institute suit(s) to enjoin such violation by ex parte, temporary, preliminary, and/or permanent, injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Premises to the condition and appearance required under this instrument. (b) Representatives of the Grantee may, following reasonable notice to Grantor, enter upon the Premises, correct any such violation, and hold Grantor, its successors, and assigns, responsible for the cost thereof. Grantee shall exercise reasonable care in selecting independent contractors if it chooses to retain such contractors to correct any such violations, including making reasonable inquiry as to whether any such contractor is properly licensed and has adequate liability insurance and workman's compensation coverage. (c) Grantee shall also have available all legal and equitable remedies to enforce Grantor's obligations hereunder. (d) In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for any costs or expenses incurred in connection therewith, including all reasonable court costs, and attorney's, architectural, engineering, and expert witness fees. (e) Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. 7 , 11. Notice from Government Authorities. Grantor shall deliver to Grantee copies of any notice, demand, letter, or bill received by Grantor from any government authority within five(5)days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice,demand,letter,or bill, where compliance is required by law. 12. Grantor shall promptly notify Grantee in writing of any proposed sale of the Premises and provide the opportunity for Grantee to explain the terms of the Easement to potential new owners prior to sale closing. 13. Runs with the Land. The obligations imposed by this Easement shall be effective in perpetuity and shall be deemed to run as a binding servitude with the premises. This Easement shall extend to and be binding upon Grantor and Grantee,their respective successors in interest, and all persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor"and "Grantee"when used herein shall include all such persons. Anything contained herein to the contrary notwithstanding, a person shall have no obligation pursuant to this instrument where such person shall cease to have any interest in the premises by reason of a bona fide transfer. Restrictions, stipulations, and covenants contained in this instrument shall be inserted by Grantor,verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the premises or any part thereof, including, by way of example and not limitation, a lease of office space. 14. Recording. Grantee shall do and perform at its own cost all acts necessary to the prompt recording of this instrument in the land records of Palm Beach County, Florida. This instrument is effective only upon recording in the Public Records of Palm Beach County, Florida. 15. Existing Liens. Grantor warrants to Grantee that no lien or encumbrance exists on the premises as of the date hereof. Grantor shall immediately cause to be satisfied or release any lien or claim of lien that may hereafter come to exist against the premises which would have priority over any of the rights, title, or interest hereunder of Grantee. 16. Subordination of Mortgages and Leases. Grantor and Grantee agree that all mortgages and rights in the property of all Mortgages and Leases are subject and subordinate at all times to the rights of the Grantee to enforce the purposes of the Historic Facade Architectural Control and Redevelopment Easement. The following provisions apply to all Mortgagees now existing or hereafter holding a mortgage on the Premises: (a) If a mortgage grants to a Mortgagee the right to receive the proceeds of condemnation proceedings arising from any exercise of the power of eminent domain as to all or any part of the Premises or the right to receive insurance proceeds as a result of any casualty, hazard, or accident occurring to or about the Premises,the Mortgagee shall s have a prior claim to the insurance and condemnation proceeds and shall be entitled to same in preference to Grantee until the mortgage is paid off and discharged, notwithstanding that the mortgage is subordinate in priority to the Easement. (b) If a Mortgagee has received an assignment of the leases, rents, and profits of the Premises as security or additional security for a loan, then the Mortgagee shall have a prior claim to the leases, rents, and profits of the Premises and shall be entitled to receive same in preference to Grantee until said Mortgagee's debt is paid off, notwithstanding that the Mortgage is subordinate to the Easement. (c) Until a Mortgagee or purchaser at foreclosure obtains ownership of the Premises following foreclosure of its Mortgage or deed in lieu of foreclosure,the Mortgagee or purchaser shall have no obligation, debt, or liability under the Easement. (d) Before exercising any right or remedy due to breach of the Easement except the right to enjoin a violation hereof, Grantee shall give all Mortgagees of record written notice describing the default, and the Mortgagees shall have sixty (60) days thereafter to cure or cause a cure of the default. (e) Nothing contained in the above paragraphs or in the Easement shall be construed to give any Mortgagee the right to extinguish this Easement by taking title to the Premises by foreclosure or otherwise. 17. Indemnification. To the extent permitted by law, the Grantor hereby agrees to pay, protect, indemnify, hold harmless, and defend at its own cost and expense, the Grantee, its agents,director,and employees,or independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses, and expenditures (including reasonable attorneys'fees and disbursements hereafter incurred)arising out of or in any way relating to the administration, performed in good faith,of this Historic Facade Architectural Control and Redevelopment Easement, including, but not limited to, the granting or denial of consents hereunder, the reporting on or advising as to any condition on the Premises, and the execution of work on the Premises. This provision shall not be deemed to effect a waiver of sovereign immunity. 18. Taxes. Grantor shall pay immediately,when first due and owing, all general taxes, special taxes, special assessments, water charges, sewer service charges, and other charges which may become a lien on the premises. Grantee is hereby authorized, but in no event required or expected,to make or advance, upon three(3)days prior written notice to Grantor, in the place of Grantor, any payment relating to taxes, assessments, water rates,sewer rentals,and other governmental or municipality charge,fine,imposition, or lien asserted against the premises and may do so according to any bill, statement, or estimate procured from the appropriate public office without inquiry into the accuracy of such bill, statement, or assessment or into the validity of such tax, assessment, sale, or forfeiture. Such payment, if made by Grantee, shall become a lien on the premises of the same priority as the item if not paid would have had and shall bear interest until paid by 9 Grantor at two (2) percentage points over the prime rate of interest from time to time charged by SunTrust Bank, South Florida, N.A. 19. Insurance. The Grantor shall keep the premises insured by an insurance company rated "A+"or better by Best's for the full replacement value against loss from the perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death, and property damage of a type and in such amounts as would, in the opinion of the Grantee, normally be carried on a property such as the Premises protected by a Historic Facade Architectural Control and Redevelopment Easement. Such insurance shall include Grantee's interest and name Grantee as an additional insured and shall provide for at least thirty (30)days' notice to Grantee before cancellation and that the act or omission of one insured will not invalidate the policy as to the other insured party. Furthermore,the Grantor shall deliver to the Grantee fully executed copies of such insurance policies evidencing the aforesaid insurance coverage at the commencement of this grant and copies of new or renewed policies at least ten (10)days prior to the expiration of such policy. The Grantee shall have the right to provide insurance at the Grantor's cost and expense, should the Grantor fail to obtain same. In the event the Grantee obtains such insurance, the cost of such insurance shall be a lien on the Premises until repaid by the Grantor. 20. Written Notice. Any notice which either Grantor or Grantee may desire or be required to give to the other party shall be in writing and shall be mailed postage prepaid by registered or certified mail with return receipt requested, or hand delivered; if to Grantor, then in care of the City Attorneys' Office at 200 N.W. First Avenue, Delray Beach, Florida 33444, and if.to Grantee,then to 104 West Atlantic Avenue, Delray Beach, Florida 33444. Each party may change its address set forth herein by a notice to such effect to the other party. Any notice, consent, approval, agreement, or amendment permitted or required of Grantee under the Easement may be given by the Executive Director of the Grantee or by any duly authorized representative of the Grantee. 21. Evidence of Compliance. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with any obligation of Grantor contained herein. 22. Extinguishment. Grantor and Grantee hereby recognize that an unexpected change in the conditions surrounding the Premises may make impossible the continued ownership or use of the Premises for the preservation and conservation purposes and necessitate extinguishment of the Easement. Such a change in conditions includes,but is not limited to, partial or total destruction of the Building or the Facade resulting from a casualty of such magnitude that Grantee approves demolition as explained in Paragraph 5 and 7, or condemnation or loss of title of all or a portion of the Premises,the Building, or the Facade. Such an extinguishment must comply with the following requirements: (a) The extinguishment must be the result of a final judicial proceeding; io A I (b) Grantee shall be entitled to share in the net proceeds resulting from the extinguishment in an amount equal to the value of the Easement. (c) Net proceeds shall include, without limitation, insurance proceeds, condemnation proceeds of awards, proceeds from a sale in lieu of condemnation, and proceeds from the sale or exchange by Grantor of any portion of the Premises after the extinguishment, but shall specifically exclude any preferential claim of a Mortgagee under Paragraph 16. 23. Interpretation and Enforcement. The following provisions shall govern the effectiveness, interpretation, and duration of the Easement. (a) Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of property shall not apply in the construction or interpretation of this instrument, and this instrument shall be interpreted broadly to effect its preservation and conservation purposes and the transfer of rights and the restrictions on use herein contained as provided in the Act. (b) This instrument shall extend to and be binding upon Grantor and all persons hereafter claiming under or through Grantor, and the word "Grantor"when used herein shall include all such persons, whether or not such persons have signed this instrument or then have an interest in the premises. Anything contained herein to the contrary notwithstanding, a person shall have no obligation pursuant to this instrument where such person shall cease to have any interest(present, partial,contingent,collateral, or future)in the premises by reason of a bona fide transfer for full value. Any right,title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word "Grantee" shall include all such successors and assigns. (c) This instrument is executed in counterparts, each page of which (including exhibits)has been initialed by Grantor and Grantee for purposes of identification. In the event of any disparity between the counterparts produced,the recorded counterpart shall in all cases govern. Except as provided above, each counterpart shall constitute the agreement of the parties. Immediately after execution hereof, one counterpart shall be held by each of Grantor, Grantee, and the preparer of this instrument, Robert W. Federspiel, Esq. (d)To the extent that Grantor owns or is entitled to development rights which may exist now or at some time hereafter by reason of the fact that under any applicable zoning or similar ordinance the Premises may be developed to use more intensive (in terms of height, bulk, or other objective criteria regulated by such ordinances) than the Premises are devoted as of the date hereof, such development rights shall not be exercisable on, above, or below the Premises during the term of the Easement, nor shall they be transferred to any adjacent parcel. li . (e) For purposes of furthering the preservation of the Premises and Building and of furthering the other purposes of this instrument, and to meet changing conditions, Grantor and Grantee are free to amend jointly the terms of this instrument in writing without notice to any party; provided, however, that no such amendment shall limit the perpetual duration or interfere with the preservation and conservation purposes of the donation Such amendment shall become effective upon recording among the land records of Palm Beach County, Florida. (f) The terms and conditions of this easement shall be referenced in any transfer of the property by the Grantor, his heirs, successors, and assigns. (g) The invalidity or unenforceability of any provision of this instrument shall not affect the validity or enforceability of any other provision of this instrument or any ancillary or supplementary agreement relating to the subject matter hereof. (h) This instrument is made pursuant to the laws of the State of Florida, but the invalidity of such statute or any part thereof shall not affect the validity and enforceability of this instrument according to its terms, it being the intent of the parties to agree and to bind themselves, their successors, and their assigns in perpetuity to each term of this instrument whether this instrument be enforceable by reason of any statute, common law, or private agreement either in existence now or at any time subsequent hereto. This instrument may be re-recorded at any time by any person if the effect of such re-recording is to make more certain the enforcement of this instrument or any part thereof. The invalidity or unenforceability of any provision of this instrument shall not affect the validity or enforceability of any other provision of this instrument or any ancillary or supplementary agreement relating to the subject matter hereof. (i) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event of any conflict between any such ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both this instrument and such ordinance or regulation. (j) This instrument reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution hereof, unless set out in this instrument. (k) Wherever the approval of the Grantee is required in this Agreement, such approval may be arbitrarily withheld. IN WITNESS WHEREOF, on the date first shown above, Grantor has caused this Historic Facade Architectural Control and Redevelopment Easement to be executed, sealed, and delivered; and Grantee has caused this instrument to be accepted, sealed, and executed in its corporate name by its Executive Director and attested by its Secretary. 12 • GRAN •R: CITY • - D_ - •Y : •� By: ` f �� P-rlman, Mayor Attested ,By: ti -tk / Printed Name: ( O1,010( k Title: Q Approved to legal rm and suffic' cy By: Printed'Name:Z aet fc i.Fepixpv Title: rrb GRANTEE: DELRAY B•r H OMMU ITY REDEV LO / •GE Y By: ot.Printed o Title: _f+ r ,,� Attested By: Printed Name: -y: T_ 1 Title: U rzl3. 1 S tGat-skrL Approved as to legal fq and sufficienc : L By: Printed Mime: feays,cier Title: c:ldocslclientslcrallavendar.shulfacade 13 1 1 1 SCHEDULE OF EXHIBITS A. Photographs of Protected Property (Baseline Documentation) B. 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I • I I/ " { BUILDING AREA 4(! „� 1 i I I 1 I ' 1 • II.TE: AREA Of SLALOM i_/'fV ——L=1"-=. �+ it AREA OF USING MUM I1.5707 q.f1.I5t5f m [•;/ r '•'v. 1 I-1` — • -.i� AREA Of RELOCATED ILRILM10 I1.J0Y.7 pR.I.15R , - g a01 DaIIL 11!11W1 cane COMAE Y /� �' nAxoA o 'HANDICAPPED`�„� TOTAL I v.rnS.e}al Io5>s PAY I I •� 1 o /I :. }� ...ix. I I ' t�, .mDo HfSTONICAL4111, li i �� I •"' SITE TABULATION so 1E Y y \\\ OfLAIaYE/Atw ApLrMMit/ i 6\k •- r5 a[o of E lla ryw �I 111 } �-" IwNO SW Lr H MILARG EF s1E I31.)o3.1 LAn .730 Aaw IOOR NMI KART SVIP 8" !rf \\ V `� -,^ I • % mlaR.L...o.f[16MI ARfA.*n.AOIEACE (S N. I .ii,• - .".. Kum Roo r� IA7u W. .D1 Ag11 L1aII ... WI Mg /j PAW WU M. AT Aw 11.E •. *MI ,`y�� 1' •LI-"-inA..t .w A.r 1.� bma a .i!`' • aml Via fUalL op. in A. 7W • • .. .oa Eil r.p NI r a• rX r v r r r-v r-r r v rota 31 a55 14n..nT ASIaL I000! RRGPosEo commons ) . >< .. aw �4' oEscDPIIGN AREA.}IL ACREAGE / r _ ;DMA P+nW AMA•�a WA r.. aw /\ PAW aN711CC .M Ames !Lw ` 1 }' till /trRa1lL.AhrY11q eI alra ya AY Aa.. LIN 1 ley l ; AlQll sIQ _RAMS�R .171 Ma KIN ! rJ,A y7. r.ry ' LOCATION MAP 101K •s.,3w..atL.755 moo 1o0m1 .w�....•.. 171.00' 4 ,! I a,u ..r. OARD111DIg0 C \_ Aw.an PARKING 'ZL ROWED PARgRO atr:•a`'••' N.E. Ind STREET J of SPACES �•••„ - _ N_B._1st STREET __ Jam\ ouw waf L dam Ft. "•" 11 © 1DLf�Y YML 7•r oDL 1.a ftq / _ WI.D16•Y!r El < © TOTAL SW f WA D OIuO 5 SPACES •IR SPACES ILSIEI�I SITE PLAN o Q0� ti I �� vRolcEn vARRoa �� 11111111.111 r- r.r v (Bs PROJECT ��� W I�A�; KW JrL//. - Z MIL715 Dl�r �� DYl1A1l01Mltp „min. • �I%�J/�/J ® DUL mew MOM y Dw \ I DiKY1M® 7M!- ff• DLl owa r.am 7.lr (01 it N.E. Id STREET l/, #DI--Y ICQII. • WARM l N AIlocun-. II0.P.A. MINCISR • a RAM• Mwr 111111 n.ISM MM IMMM I (AX- ""'s Ls ..—_:_—___i El mal..on �'. 1 1 1 4 •1•fM:Mr4 WINK NEWSPAPER DIRECTORSMM IMM wawa wa cox Ma...., ..1 MA corm 4 Q}xf grGE 1�aM[ilt CU A M.m .Y.MMM MOIL itt MIII■AmC$tlir m M0o11a Moo 018114 • h f 4.I POW u111 AL 111111•1 I.I. Wan m•141. C agoI � C10 MO lnvul a4 MLR IMMO 4 WPM OM .. - i 'FI ,gg) . ' ..1c2.11 OA mac / -- _- , WM.UM MAIM NM �,4 �\.\ . • m.. ° 7AL I. Kam gra MY •I� � r OWN UM DOCENT/ Nun- � PURPOSE !tiara, l I = !imTc4u I . NH 1 I I • Allh I kJ•.• ri l �.uMno..Ma s ` . Ili'r1•-"'a/� 04IM�w`FL 1 11 �''Z3:r- .` f~A ./ ".r IINARNI �1.11111 �:L^ a:,I III �-I II�IIIIIp�Inf111N�111 �I�iii -��iuw IH�■ p�IgIIWI•II--I � I Y,r--11� I i =111"ae ri.1P1H7 gg.II I M�•��I9EIg17G~11 1 16WailialtifiZIi>rl+Hw-ma`lia4rLti llaISIl __i 511.CC".-7 eaLI .a -7-Ii IlI ilaY il -iiCEla�1�ildiSa5g;113.'�i1OIt��;.�.IF1e�.. g llii/Egg": -V-1 "-3= 14" -- e G r V' r ■_.P .• ._.. • I Ij•• , a MIr�1: ,..11.1101111 ::•I _ 1w n'�'x L — / I.r..- r-r K.,. I t,• = . II I> Y 'Tier w•M Z. 1 40ur I I s... 401 FLOOR PLAN ~�`—_J 14,1,11. 1111.111.1 IOM —In 1111911111 • 4=.111 �.9 1 III cir f NNW ME SH , In WUOCH& ASSOCIATES. NC.►A. MOIRIYTI t MINIM fa MILL ITNMV a1. OIL SUM a .d s fA14 f/F7N1 —�„Ti 4 /--. .f , ,__ _...� _- - '_ _III X\'\ _ II•III • —,II'I _ iir u + _ 1U1IIIIMI 11111 �t. ! !' I' om ij� .. _ _ �1 a'":`1:'i ii_ "J�U"J. �' lr`. 1 ., pryJ {CI1( .•J' �1 •.'IT"•' -u 1:....:Y1 ` -i U 7_.:T_ Yip:' lt �fi •t.71�..LL�'LL • KANN COMM INV WEST ELEVATION SOUTH ELEVATION • aocnrfAL j■'.Yd Y.I1•-r r►t Ir Iutr EXTINNI 1i ELEVATIONS I�I Nib 7.4 iih I_I Z~.r ""r...�....�I 1 Mill■I■ ig: ■ its mm raw '_n L — — — 1� 1LIr.;!� �7 Ili ( IlI IC® .. i i I 1 � j�'T1� i iJ. J�LC' - TTC"#--Crr nI LLLI T�7 ""'7C .1 II I I C YYY :cl L..f 7`y L1 J ``. prt X., t. loin � I 1 I . — 'J�_.J.= _:.l'.r Y r, ' r1..11 r1.1-Lr TTy'rr� r rrI-Tar;..te7;'lgiT x. 'M Y nnn 1 T urTr 111•111111111i IIIIIIPIIIII w ��I EAST ELEVATIONAmor ine,, NORTH ELEVATION Yi_ I[ZJ w.Y-r M•-f / 11 6' -I