HomeMy WebLinkAbout1996-067 Public Safety Facility Land Purchase•
•
RESOLUTION NO. 67-96
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A CONTRACT FOR SALE AND
PURCHASE WITH THE JOHN D. AND
CATHERINE T. MACARTHUR FOUNDATION,
AN ILLINOIS CORPORATION NOT FOR
PROFIT, FOR THE PURPOSE OF
PURCHASING TWO (2) LOTS ON U.S.
HIGHWAY 1 AND ANCHORAGE PARK FOR THE
PURCHASE PRICE OF $1,200,000.00,
WHICH CONTRACT IS ATTACHED AS
EXHIBIT "A"; AND, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach, Florida, does hereby approve the Contract for Sale and
Purchase with John D. and Catherine T. MacArthur Foundation, an
Illinois Corporation Not -for -Profit, attached as Exhibit "A", which
contract is for the purpose of purchasing Two (2) lots on U.S.
Highway 1 and Anchorage Park within the corporate limits of the
Village.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Contract for Sale and
Purchase with John D. and Catherine T. MacArthur Foundation set
forth in Exhibit "A" for and on behalf of the Village of North Palm
Beach.
Section 3. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS 14th DAY OF NOVEMBER
•
(Village Seal)
ATTE
VILLAGE CLERK
•
, 1996.
MAYOR
Y.• PURCHASE PRICE :..........................................................................._.............._................._.._............._..._......._..._............................................_.... i1.2OO.000.00
PAYMEM:
IU DePPW Mbhevrow BY N.P. SERVICES hEr ERgMEa_.._f_ 12.000.00
le) Atlpiporul eacmw MPO{E b M Irrb wNEn _ tlEy{ arc EIrcYN DEr lu bhrtl h PEnpnFB Y9 h M EIMMM d ........__..
............... i n/a
(c) BuBlea m AND Wumawn a iNOIp m«Ip{p{ h pootl EWMrq h rYer a
MAlq.nwwallmFrvnE«ilvne0aarma...._..._.~ .................. E n a
(p) Purtlru mpry m«Ip{q Ertl rxM b S{Mr IaN Etltlwtlrnl h YI{ {moUa d ...............:
.................._........_.._..........._............_....................... E n a
lel Diner:
j n a
(p Barnp ro dose M u.s. wsn, LocALLV wuwN wrawtl «culi{n aEKB «AErtgRy bEn, EIaNa b E4irbnEM1IX pipntlar _...._....... 11.188.000.00
EI, nNE FOR ACCEVSANCE OFDF ER.Ef}ECnVE DAT[, FACBIMaE.aW{e1MYInauEnAMp/EM bignOb{Ap{NU piFACT OF EXECIlfgNOOnm.YpW hwIMX
teMean er w.ues onIXMige 11~1SY YD h0{po{N({)rA.MBvrh opE«I.b nbnrD EnD EJ{arr wlEtlnwn Tr p{r aC«IbEa(~pallWlwi
De nr pals Mlen Ina rat one d Eta Buyer EM 6eler IW sipyp EEa aNr. A flwlllYle top/ a Ylr Cor4Ea EM dV aprMEKEE Mason aW a Mri{tlEletl brat OIIrOeEM Y «gYUY.
IY FlNANCINO: N/A
U) n me vurauae Prbs a {ry was a n r b Be rrrKetl M • tlirpgry WM1 Ei{ CBMrW r oonatlpnW an Buywr edEMMip E rnaErl wnvNmrM wEMn_ EeYE wr EMCtin
Dale brlCHECK ONLY ONEI:]•Maatl:]{n EQUard{;«]EMxed «EdWrdl nb bEn htlr ptlndpEl EiriOUN df ,aN hNN YgdE{Inrrldk
muea !:. dawuM{M Orq'vueon Wand bucwtl_%d gYrlwl ErrbunL {M lur•rrmd yeEn. BuyErrN mab EpplwEw K/ABl_tlgreEMr EYECEw
Dala en0 use naaaude dlpsrce b Wrr E Wn CenmMyM NQ InrNMr. b NEay rrlry 4YJ e«Igy«y a IM WnvNbwN Erq awE tlr bEn, ayM arl wY EI WI
{.penset. II Buyer ras b Darin • c««MroM «bir b wise BvY{f{ ApM{ untlertln wEwrEprEph MEEn Er YmE braK{Wnp • aamKmEN IX, NYralgn Nbrl rb b met
oe rrms {ro COriNlbry el tln c«mibnen4 Mn eAMr arty ErnaMn By warn riopu b E4 aMr, mry ariEK E4 CaIBEa Ertl BuyEr {hEll M nMWtl M bpoaE(E):IX
le) Tna uisnrp nq^ww WapEeO h PEnpnpn Itlcl. EEGN. Na{ (CHECK ONLY ONE(: ] • NNEN hrnpt ME; a D E Eno Ype1w1 nr d _K pr ENYAL N Yin{ a Ea
Varular, some Aaetl imenal nra En suENa b hcn{u: Y hrnuW, tlr nN {NeA nd ucEetl _ %wr Elwin, BeAEr ENA, rMr _ tlEM tl1Er EEepNw 0.M. MANN i,
{I%rowi o Bu~T acnlM ~ 9N a41mp IM prinelpal p{rnts. meebe a wYmeM. YWrHI nN EM ErM a T«Ip{p{. E aYYEr IW EpNO b ENYIM E nbrlp{q sRYdl n«M1'
M rpppw br WUmptlon, MnBUyerMrAprnptlYaK{h Er nEwWryEpplntlon Ertl Wipers/mmpMEErtl nMnEbM
cnageUl MI ro exn{d f {NEA b wr EY BuyEf. K Buys r na ECpP1Etl b/ mMgpM IX M IERWeiMIE{ br ENMAy11IX1 Enro1pMi ~W~~
M farms oI1NS Cenlna «merlp{pN m{kN F W qF h wwu a Er {rr0 ETOMy, BEE{r «&ry1r TEy MLBtl En DenbEa b/ w11Mn r10tlw b M OEMr w1Y' Ilrlb{{ EAM
1 •c1s ro wY IM IfKnW h hrreat nr IX upu lrbrlwpe CMlpes. ,, ~
p«Eaep br E:e be r{N 15 Wt's bbn aceirp bb. Bul nE carper Ern .., atlEYF EMr a{0{r naME wrArn IbtlECEtlan M ava~r Iw a0Wr0 Wn mnMlrrE o
a UniplMn YprWWetlh PEIEpIEpIr IVIEIIXIbI. {EON. IX.EEEpr1'Eie. WEywtl Ey
p{Lwr b Buyer « Buwfa'{E«neY, « ] BvNr WI EI Buwfa u^ur. twin rfYCrYI rwnv nuc.~ hr^r~ rBiYlre^r (CHEDK DNLYONE ~ ., rE11EA, FI S{IIEf:
VI. ClOSWO DATE:TNalnroeclbnaMll EEaWetlEroEle E{M EntlaMrcWhpwwnb%IXM an 02/15/97 uNW ROaMtllyaVwlEOMabrraAEa CaErEm
Was. OCCUPANCY: s.lrr wemnu INi tlrn w ro wrEw h o«WEnry IXMrYrri BNbr,EUI F Pnwry Y BMEMM b b nrlW IX aeagNtl EEydIE dwylp, M ya Er10 nmr ErrEo
aM ma rnamrl «occuww {MA b ti{tlo{ep {xAYWM b Srrtl{N F. Behr {11{1 tleMNr oxuwnry d Plewry b Buhr d EmE d dwpp INEU elMrrAN W W Mash M
r to a peuwrm Mbre doting. Bvwr {uum{{ EX Eaq d bu b PrweM Bom WN a aergnry, krA b mp«i{bb Eno A{br br INMYM1ErKw Bowl NI dr. Ertl aW W bMW Mp
Haw aa{de0 ProwM b M uuur0 mrlpilion N d ErM d crop ooNwrwy unMU eErrAne {IEW BWh
I%. TYPE WRITTEN OR HANDWRITTEN PROVIBIONa: TywwrlMn«MMetlMnprwbbn{,M{n EMEtltlEMa{IlEl eerprel EA PrMEetl poYrrrraAlr C«WW hcaWa wM Mm
X. PIDERB: (CHECK E4Me ripen Micas En EFPEr+EI{ µD En {Martl b EEa CONrEp):
(s) ]COASTAL CONSTRUCTK)N CONTROL LINE (tl) 0 VA•FNA al D IgMEOWNER6' ASSOGATKJN DISLL• 0&NiF
(E)]CONDOMINIVM p) nINSULATgN KB ORESIOENTMLL LFAPBASED IIA7ARD DISCLOSURE
Iq ]FOREIGN INVESTMEM IN REAL PROPERTY TAX ACT K) O'AS Ib` IU O
XI. ABBIDNABILrTY CHECK ONLY ONE(' BVNr ] mEy EWpn Eno Err{By b nWwtl Bdn EM BKMr YEBIiy IHtlEr En COarECL O rNy uaipR BIA fp M nrE{{0 Bem 4ryBF
uMer ms Con/ecr. or~maY MI uspn mid Conna.
YA. gSCLOSUREf:
la) Radon a { naWnih oaump nbeaaiN W{ met wMn ECGerIMEW h • b/Itlirp h tllKal{rE E1rraEEt mEy pnaEN BNIm IrME b wn«r wM En E%PW{tl b Y oNr Ems
lawM of npm met naN rpenl W mr puipspnw Mw Ewn buntl h Eup6np{ h Fbrtl{. Atlappn{I hbrmElbn rEwrdrp Rdbn «R{tlw WYp mEy M oDl{YIEtl Mon
ID) Bu r Count' PuNic IN{An Mit
).r may Mw tlerminsp Eu en{rpY EXicerKy npnp a Er nslWM4lBWlaro B ER/ r buW en Ar F4a ProPEM.
Icl R Ew Real rr, paM MicE+peF «ttp)B rubenpEl lloyFirp mM PanprapB %IBI r nrrtlErry.
XIII. MAXIMUM REPAIR COSTS: S{Nr aAMI nd M r{{parbN b wymrm h EW4 a: '
lal f N /A br In{enMl {M nw4 Mtlsr srro.n D IE EI{ril Erri Ex d Er PMa1{{e PACE).
IRIS N/A br nedr Ertl r{pl{amEn utldSMNaen N(E dENL Ern 7Y,aEr PUdry FKW). .~
%W. 6vECIAL CLAUSES: ADDENDA: K {tltliporrl ynlr {n b b «wtletl. EEatl1 EW{ItlMp Ertl CNEd( IIE
THIS IS INTENDEDTO BE A LEGALLY BINDIND CONTRACT.IF NOT FULLY UNDERBIOOD, BEEKTNE ADVICE OF µ ATTORNEY /WORLD BIDNWO.
THIS FORM (LAS BEEN APPRWED BY THE FLOpIDA ASSOCMTKRI OF REALTORS µD 7HE FLWEDA BAR
APprowl does roc caunMe {n opvsvrl Erseryd m1 rm1! EM a«IaAM1 h Y14 CaIBM ErMrad b EnvDbEBX EMpMN h. FErbL4r BEIIaEC'Y«L Amy EMM'IaAWIa Flbrr/d
b rroPMaradbaeernnnws.~..a:~w._~.. _.,_..,.____ _ _
Village of North Pall Beach
r. LD.. _5Q_5017QRA
SoFial Secupy or Tu LD e
(wrl
6odM 6eowpy «liY I.O E
~J\MM
l o vl
( r)
ISwD ID{N)
6odM SeaKlh' «TU IA I
DEPJS~I unmr Parapnpn II la) rawived, IF OTHER THAN CASH. THEN SUBJECT TO CLEAW WOE,
BROKER'S FEE:TM erppan Nm{tl Mbw. hdutli Es' Ertl ~~~~^~
asp unp cocoenpnp BnMn. En Er eMY Brepsn ENErtl b wrllperrEEen h oorwaion rM BYa ConVEa:
N„,~. Ba1lenISleB Realty None
Lbunp Broiler CoownErq BNMEn, B Elry
~aR Earr~a Ra.,sea ILYp FARA3µ 1pN8 WDERS Cµ BE DBTANIED FROM FLORIN UV/YER1
SUPPORT BERWOES. AVC. 6lBSO
'~
In Legal tlescrrolbn a me Real Fvowry bwW h Palm Beach Count'. FpME{:
_ See EXHIBIT "A" attached hereto and made a Hart hereof by this reference
Ie1 sdeel .paW. ay. nP. a Er Prop{rry r: N A
(c) P{n«Ial vrowM NONE
..f Iy~al~vAknYia run ntgL tSTATE TRANSACTIONS
VIDENCE OF TREE: (t I M ena ren of ~t a peparsE a DrouHHI Wrtanl Dy a nWbde uIH NiUirp FpFHU1 Yrm (X rol eWYp Mn prHMa as
, en .come syrwpsn a M wvumema anecvrp aN b M Real Propsrty rawdFO b M pudic reront a M count' nMnin M Mai Prope
I cmmenca wM M eNkeslpudit faMrtle, d tudl bier Oele u MY a arbMy b M oouny. Upon dWAq d HW Corbin. M Wlna tHaY
e rpnt of rorenlion tnerspl M flan monpeWe unU kAly dip. k) ABHXJOau~,tm~lbby Musa pt'. Fbrbe inneee Ne Meer a8reevp
f b BuYar, en oxrwre poky d me eraeroe b M anaav d M WrdwN aIN. Ypamp Bu»ft W b M Mal Prapery, eugea any 1
Aulront aovrM in psis Conlnd aro HqN b b duneryM pt' 6eMr al a bkxa NaNrp 6elbr NrY corndY MM1ataab 41b FuHjeut ody I
AipaHpna aovbM n mis Donlltd. MerkebW HW NWI M HNarmini taaQUp b tppfbede TM 8W Wee YCOpleO pt' eWpny diM FbrWe
INw 30 Mn.Measlnd.a80a».HHN COrrvnlbnsnl, Irom mudnceiwpeYlH.rrwd Wbeomrr4HFU 4bIXb Wbclyn, raHt
' Fapineon ~ mwbalU. H bbd(s) nnper Hu uaneMbpb. BeYSr W N» 90 HaYa Harrl riepl d roHn b nrro» M abW~YYbp
tbnnaveMbh f1 p12)rpw•oeMrwrNbn roDNbSNbr eANn(1)eaNMkp MHme bra natarpb prbH rolbugp ttp uy
rolb M YW • p M ~ a nlab d UeDWtllel wb wHYAI WY a HarwNeley nbmeH b Buyer H Wyer YYt b
a
a k!
n n. SeIIBr N4P. tl We b IpVb uMnrlyYple. yN AYXMI eNd1 b cdrM Celedb) wYfY11 M YIN N IIOtly B.wr, pyfwr Fr1Y ptl bemeG b MN
fr Null eiarr wN» M aebcla, a nni» • nIW d bpou(s), MraHy nl plaYlXao Mnbr. N 6uer b unede b YMy grad M Nektna.
URCNABE MONEY bORfOAOE; SECURRY AOREENENT70 BELEER: pdcByNr~MM ~w~wr odpetlpn lmper Hy{CgWed.
wnldbensbrd be Rei~vmrrrorra~.twnY WFae MHOHY•NCOnOdbwrng118epe:NA provlM~b n~pM~o1PMFYMnInF wMleuklq wNM1Wlp~erntll XO'~k BnN WnoobM
eyor. X M
im6 MIOJrI.
Me expene, wBNn
ossi eMrOacnNnla
iude 9ofwrnrrwnW
NW iw~n lsrmn~tl11e k
to Ir» Doan d vase
n b b accaatnce wvh SbMed A
J16E8: Senbr Wtl. nd bu curl 15 u» Dsbn ebNrp, hrrrHaD b Buyer caplet
MY axupeny, nnW nlFt, eMroeH nnl aro auvmy WpoNb qkl pt' MMnI.
r b Bu»r wdYn Mn Hrlw Nrba b M Mm d • Selbn aXioavv, anH Bu»r may
W btna b Bu»r.
IENS: Selbr NW brdeH b Buyer N tlM d dulrp Fn aXbeN1 aneNkp b M a
n known b SeYer ma HNXUr auNp MI Mre HaN Dun ro Hllpragnrr%t Or
)cell bpNaO a npuM wimn Ml YM, 6etlar fHeA GGYar robaNt d wN»n
6Ym b 5Wh Yen anlHed NIYp bM M wNt d a u,an IrlrN rorWacb
n whM caM Nlfw N. Dub br • aartraCHM Yen a • dak11 br Wnraee Iuu
CROW: My asaow ape
Ke, tiapuns Mm b K'
M prowiay d M Ca
eM d aMIpe1M1 unttiD
NMCN. NIMy XW d Wind NbrBe.
BrFPH V.
wrben
vbua
b cortrm
nakp Wbmanl. CNbr d Mn d pdMDel
rClrp uN d dnkp. N M MN Propery
wDeavndaa tWpbn anH Mlerbbrn
rmrp MI aY drpu b brrarmerya or
carvkxwX al
wM WI b
WYpe
A>iM b
et' Y ar b wYMUI Dnern d Ml+mwrq perry, i ro ~. uW na p aeor b alw qM a person br mtHakysry b Baler a
p pnaM, enbrpmaM d ~~ d HvF Caved a 9nN MBfpenN d Add.
acnp b • lnbrpretaYOn, ahkp an d tlYa Carit M pa»YHp pvy b alrcH YOIpY%l. wnau br purieea d
Ml%Y or ^~PnY rebHarINHN autlbrlnH HY CHapw pA F.S., u FlrlanHeH. aHaN b edAbp b recoawr Iram M
slpeluN.
n plie Conbta WiHlnll M Her tperlYW, MWlip paymFM d aA HFpoua M bpoMle) pab DY Bywr NIH HFpou(t) apeea b
oounl d Behr u tpeM upon YpAOalee awlrge, earkbnvon b M NYCUtlM d XAt Caved W b M NHNmaN d arty
I odi8aamu urWr M Conuc[ a W Wr. tl SeNft aDHark My ploNaH b FRWy b edaN 6eYef~ IIpHb IXber Yu Cabad.
eh YXe rrlelkebW anx 61YJan eXOr~ 61YH YM MpIiV d reftrea b peM1am Hlb CanHaca, M Bu»r MY aNk apaaXb
NIN wlXrw MIWy wNWp N%aeuon b eamapu mWUnp Ham BeMfa Mein.
• NOME: NeNrr afN Coded nor FFy roEp d X NrY b ncadaH b Fry plaC ncaa. TNa Caved NuY DHb anN Nkna b
Nrnnwr M mlusr pamvq avpwr Flull btlu0e pluN orb aM grWr anu Male sY. NopN BI»n q d b M anarnry br
.
'bs adrpleoN DY Bu1wc~~ 'a, panonalnpewlblfnYaBwNbnb UNQ Uappnabbb MlRFMd6FAH,FW)ad
roYlHeH brllFraik Prapary NWI.NMreauaNdM&r)N.bH'arWrlaO byNUFdW NYdw.rAln wNlbly
b d nauauYar MW W Nn6rp Wan Buyer a BaXN lellsu Y%Ab0 b Yla CeMad. M nbgAOaYOn b d Wrpa b XW
1 YrrlYfp NIO NrGNH HY M PHy"aparYN IXarlXFll b M DDIIN bJ L
bi' ` BFEd InMYy tl1YdYp M vaYb b M PlopNp YNHCA N'al nedJ oDwaWe et' EIMf W Witl1IIYar M OMn
oorwwNi I~IAEFU%OewINbYNReRnaalbbNHbBeMwpaU.. ~
un FrM e~~ p4uN eo~» b poaE Flnbkp Nb bmtl mpdRUYOn d d Mun eWFnat uMer Md mdlpe8N~7
•sun0erp Hrp Fl bfaawmanabugbmMReN Progry a8aMlYn arou rib MYWOwlmin
A ~ ~ d 8•ASr: M ~ tarde rpdre. b an tnlolFV aWFI b M4 NpMSI Munde wlw: FrW M morye8e, nqe
HY mry avy narAn cbwN W a»npe cwbmFdy bwr b rronpeeee morpa8e rout arM
mrtlorr a abb d ruHarl MrWS bNIFO b Mopuny wtlareln M MFI PngRy b bubo. M Peraarrl PropeM aro Musa
b M Yen d a aawrpy aprNrMM evbanNH pt' recab0 RnarcAnp sbNMnb. X • MYOpn rtrnnyeq, M hrl payment wR
>WIMr awaarlce d tlN and b aaarrYM acme, may HM M MN PRgaM Nr»YM aM carHYep pt' t ropiaure0 FbMe
awM a MI brradmsnu bGnsO Mraan eroroecn an NYMak IMF. uNMw, brbt d dMn a NFIFIe airy nslncvone.
oms aHa9 Nrr1XNe • ie tlahd.
Flb Esmeq horn bmMe k%eNUan b M Proparry. X eNrr a
f, pYmaleO Dy M Opanbr _ _ » Iron ale o1 wean
rWnM %III(e). M uYUlaO mU axcaM Mlimourv, ev»r NyY N» M I aenlrubr. SalNr Null
lb Et' qwp wHUn edits b 6eMr a Bu»r rtrY ebd b DrocaeH wM M Yerradion, arb racN» • anal N bunpk Dale M
at Mro b bpeu anH apnsi b Mi MN Propery eWIicIW for Ib IrNnpep uN as birWaC h Pan
aapH Vll Mril. ale b
Yad 4N8rwuo pt' SNNr.
rrbd proMWH br MWn wNM Nee ena
d bwa, Mrud Frb Mnppea NbppN
ti
IMS lu m M prFCrrae mallaYrnonW7
tleN WMIn'If1 pravlHaH [ry Yw a riser b
NW b pad W M WM nspafuas M
b9e. 11 cunil»ery
MIicD ktlpro»rtrnb
GM'e!n M pdea;
N NWMn eMll. N
Pal10in0 Mu u a
•
•
•
•
•
ADDENDUM
THIS ADDENDUM TO CONTRACT FOR SALE AND PURCHASE is made and
entered into this 14th day of 6etobvr; 1996, by and between JOHN
D. and CATHERINE T. MacARTHUR FOUNDATION, an Illinois not -for -
profit corporation, whose mailing address is 4400 PGA Boulevard,
Suite 900, Palm Beach Gardens, Florida 33410 (hereinafter the
"Foundation") and the VILLAGE OF NORTH PALM BEACH, a municipal
corporation organized under the laws of the State of Florida,
whose mailing address is 501 U.S. Highway One, North Palm Beach,
Florida 33408 (hereinafter the "Village").
RECITALS
WHEREAS, the parties have entered into a certain Contract
for Sale and Purchase of even date herewith (the "Contract") for
the sale and purchase of certain property described as Lots C and
D, Plat No. 2, Palm Beach Lake Worth Estates (hereinafter the
"Property"); and
WHEREAS, the Foundation is also the owner of a certain
parcel of property located in the Village of North Palm Beach,
Florida, (consisting of approximately 3.22 acres) and commonly
known as Anchorage Drive Park, as such property is more
particularly described in Exhibit "A" attached to the Contract
(hereinafter "Anchorage Drive Park"); and
WHEREAS, the Village has requested in conjunction with the
sale of the Property that the Foundation also dedicate Anchorage
Drive Park to the Village for use as a public park and/or other
recreational purposes, and the Foundation has agreed thereto,
subject to the terms and conditions of this Addendum; and
WHEREAS, the Code of the Village ("Code") requires that
developers provide land for public use as a condition to certain'
subdivision, and zoning approvals; and
WHEREAS, in recognition of the conveyance of Anchorage Drive
Park to the Village by the Foundation pursuant to this Addendum,
the Village wishes to grant to the Foundation or its designees,
certain credits towards the Code provisions which require the
mandatory conveyance or dedication of lands for public use, all
as more particularly described herein.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, and in further consideration of
the mutual covenants contained herein, the Village and the
Foundation, intending to be legally bound, hereby agree as
follows:
1. Recitals. The above recitals are true and correct
and are hereby incorporated into the body of this Addendum as if
fully set forth herein.
2. Conveyance of Anchorage Drive Park. Simultaneously
with the conveyance of the Property as described in the Contract,
the Foundation shall deliver a properly executed special warranty
deed conveying Anchorage Drive Park to the Village. 3.,e1, dew'7kk
Shall sppri£ically rptp,irp
anodi sic :. et,. v.+y :.,. .lw.,[..rya. pa[pusm, .,w.auily, 00, .,�..
f Le
The form of such deed is attached hereto and made a part hereof
as Exhibit "B".
3. Acknowledgments. The parties agree and acknowledge
that:
(a) The Foundation currently owns certain tracts of
undeveloped real property which are located within the
jurisdictional boundaries of the Village, as described in Exhibit
"C" attached hereto and made a part hereof, and known as
Prosperity Harbor North and Prosperity Harbor South.
(b) The assignees, designees, successors and/or contract
purchasers of the Foundation have or may petition the Village for
subdivision, planned unit development, site plan and/or other
zoning approvals for all, or portions, of the property currently
owned by the Foundation.
(c) Section 36-23 of the Code ("Public Sites and Open
spaces") requires the dedication or conveyance of certain lands
for public use as a condition for the approval of a preliminary
2
\\tact].\voll\legal\private\06\addendum.doc
•
plat. The minimum area a developer shall be required to provide
for public use in a proposed subdivision is five percent (5%) of
the gross land area of the subdivision.
(d) The Foundation or its designees should receive a
credit towards the requirements of Section 36-23 of the Code, and
any replacement or amendments thereto, or any other similar
provision of the Code, in consideration of the conveyance of
Anchorage Drive Park to the Village.
(e) The village recognizes and acknowledges that the
Foundation is a non-profit foundation and cannot actively develop
land on its own behalf. It is the intention of the parties that
the credits granted by this Addendum shall extend to the
Foundation and its successors, assigns, designees, lessees and
contract purchasers, at the times designated by the Foundation.
4. Credits for Future Development. The Village agrees,
as a condition of the conveyance of Anchorage Drive Park and the
execution of this Addendum by the Foundation, that the
Foundation, or its designees, shall receive a credit against and
in accordance with the requirements of Section 36-23 of the Code,
or any other provision of the Code which requires the conveyance
of lands for public use (and any amendments, substitutions,
variations, or replacements for such Code provisions) to be
applied toward any future applications made to the Village
pertaining to lands owned by the Foundation for subdivision or
zoning approval, including, without limitation, any petition for
approvals for subdivision, planned unit development, site plan
and/or other zoning approvals.
The total credit granted pursuant to this Addendum shall be
3.22 acres, which may be applied towards any combination of
subdivision and/or zoning applications submitted to the Village
by the Foundation, or its designees. The total credit may be
divided between applications in the Foundation's sole discretion,
provided that as credit is applied to an application, the amount
of the credit so applied shall be deducted from the total credit
described above. By way of example only, should the Foundation
apply 1.14 acres of the credit to a particular planned unit
\\mactl\voll\legal\private\08\addendum.doc
3
development application, the total remaining credit would then be
2.08 acres.
Provided, however, credits under this Addendum shall be
deemed to be used only when a zoning application has received
final approval from the Village. In the event a zoning
application is denied, any credits attributed to that application
will not be deducted from the total credits described in this
paragraph 4.
Provided further, however, if a final zoning approval from
the Village expires or is otherwise terminated or abandoned prior
to issuance of the first building permit, then and in that event,
any credits attributed to that application will be added back to
the total credits described in this paragraph 4.
Furthermore, such credits shall only extend to property
located within the municipal boundaries of the Village and owned
by the Foundation as of the date of this Addendum.
5. Credits Based on Current Code. The credits granted
to the Foundation in this Addendum reflect the currently existing
Code requirements relative to the dedication or conveyance of
land for public use. It is the intention of the parties that if
the Code is in any way amended or modified to increase the
percentage of gross land area which is required to be dedicated
or conveyed as a condition of a subdivision approval, the credits
granted to the Foundation herein shall automatically be
increased, to offset any such increase. The Village agrees not
to request or require additional conveyances or dedications of
land for public use from the Foundation or its successors, or to
take any action which would frustrate the intention and purposes
of this Addendum.
6. Entire Agreement. This Addendum, together with the
Contract for Sale and Purchase, incorporate and merge all
agreements, understandings, promises, covenants, conditions,
representations, and warranties between the parties relative to
the subject matter hereof. No claimed modification of the
Contract nor Addendum shall be effective and binding unless such
4
\\macfl\voll\legal\private\08\addendum.doc
r,-c•at:on is in writing and duly executed by the party sought
to be charged therewith.
7. Venue and Governing Law. Venue for all proceedings
in connection with this Contract and Addendum shall be Palm Beach
County, Florida, and all aspects of the Contract and Addendum
shall be governed by the laws of the State of Florida.
8. Survive Closing. The obligations of the Village as
provided in this Addendum shall survive the conveyance of
Anchorage Drive Park by the Foundation.
9. Enforcement. The Village acknowledges that damages
at law would be an inadequate remedy if this Addendum is not
specifically enforced. Therefore, in the event of a breach or
threatened breach by the Village of any provision of this
Addendum, the Foundation shall be entitled, in addition to all
other rights or remedies, to injunctions restraining such breach,
without being required to post any bond or other security, and/or
to a decree for the specific performance of the provisions of
this Addendum.
10. Further Assurances. The parties hereby agree from
time to time to execute and deliver such further documents and do
all matters and things which may be convenient or necessary to
more effectively and completely carry out the intentions of the
Contract and Addendum.
11. Headings. The sections and paragraph headings
contained in the Addendum are for reference purposes only and
shall not affect in any way the interpretation of the Addendum.
12. Successors and Assigns. The terms and conditions of
the Addendum shall bind, and inure to the benefit of, the parties
hereto and their respective successors, legal representatives,
and assigns.
13. Restrictions; Easements; Limitations. Village
shall take title subject to: (a) Comprehensive Land Use Plan,
Zoning, Restrictions, prohibitions and other Requirements imposed
by governmental authority; (b) Title Exceptions as shown on
Exhibit "D" attached hereto; (c) Use Restriction provided in the
deed; and (d) matters appearing on the plat.
5
\\macfl\voll\legal \pravate\08\addendum.doc
14. Closing Contingencies. Village shall have a period
M+6O+
of sixtyr({9} days from and after full execution of the Contract
for Sale and Purchase in order to inspect subject real property
and perform tests at Village's expense including, but not limited
to, a soils investigation to determine the adequacy of the
underlying soils, and an environmental audit to determine the
potential environmental liabilities associated with the subject
real property. If the inspections and tests are not
satisfactory, in Village's sole discretion, Village shall have
the right to give written notice to Foundation that it is
dissatisfied with the inspections or test results whereupon the
deposit shall be returned to Village and the Contract for Sale
and Purchase between the parties shall be at an end and neither
party shall have further right or obligation as against the other
by reason of having entered into the Contract for Sale ana
Purchase. If Village fails to elect cancellation of the Contract
nine (40)
within said „ixtg (611) day period or proceeds to closing prior to
that time, this contingency shall be waived. Village shall
indemnify Foundation from all mechanics' liens or liabilities,
expenses, attorney fees or court costs (including those on
appeal) arising out of the activities during the inspection
period of Village or Village's agents, employees or
representatives.
Upon full execution of the ,Contract, Foundation agrees to
promptly furnish to Village any and all soil investigation tests,
environmental audits and similar tests or studies as to subject
real property in the possession of seller. In addition
Foundation shall furnish Village with all studies, reports and
written information that is in its possession as to underground
tanks or storage facilities at Anchorage Park.
6
\\macfl\vo11\1ega1\privete\08\eddendum.doe
•
•
•
IN WITNESS WHEREOF, the parties have caused this Addendum to
be made and executed as of the date and year first above written.
Witn "VILLAGE"
Witnesses:
VILLAGE OF NORTH FALM. BEACH,
a municipal corporation
organized under the laws of the
State of Florida
By!/"'ci' /fts, m' p .
Mayor
ity Clerk
"FOUNDATION"
JOHN D. and CATHERINE T.
MacARTHUR FOUNDATION
an Illinois not -for -profit
corporation
By:d' Yae /
Its: �et, �fad...."� -
Attest:-,f______
Its: _&*. Stteci..f
\\macfl \vo11\legal \ private \08\addendum.dot
7
Exhibit "A" 'Page 1 of 2
LEGAL DESCRIPTION OF THE REAL PROPERTY
PARCEL A (Foundation Parcel 43.02)
Lots C and D as shown en PLAT NO. 2, l'ALM BEACH LAKE WORTH ESTATES.
according to the plat thereof recorded in Plat Book 35, pages 143 and 144, public records of
Palm Beach County, Florida.
PARCEL B (Foundation Parcel 43.12A)
A parcel of land situate in Sections 16 and 17, Township 42 South, Range 43 East, Palm
Beach County, Florida, lying within Tract "A" of VILLAGE OF NORTH PALM BEACH
PLAT NO. 1, as recorded in Plat Book 24, at pages 202 through 206, of the public records
of Palm Beach County, Florida, said parcel is described as follows:
Commencing at the East quarter corner of said Section 17, as shown on said plat; the -
South 00' 00' 00" East along the centerline of Anchorage Drive, a distance of 620.92 I.
thence North 90° 00' 00" West, a distance of 40.00 feet to a point on the Westerly right •
way of Anchorage Drive, said point being 23.00 feet Northerly of the beginning of the cur
on the Easterly perimeter of aforesaid Tract "A", and also being the POINT C
BEGINNING;
Thence continue North 90° 00' 00" West, a distance of 160.44 feet; thence South 00° 32' L
West, a distance of 263.79 feet; thence South 59° 15' 44" East, a distance of 62.64 fee),
thence South 21 ° 16' 37" West, a distance of 220.57 feet to the southerly line of Tract A;
thence South 68° 55' 30" East, along the southerly line of Tract "A", a distance of 54.68 feet
to the beginning of a curve, (having a radius of 780.00 feet, from which a radial line bears
South 21. 04' 30" West, thence southeasterly along the arc of said curve, subtending a central
angle of 8° 53' 32". a distance of 121.06 feet to a point on the northwesterly right of way line
of Southwind Drive. as shown on said plat, said point being on an arc of a curve having a
radius of 390.00 feet, from which a radial line bears South 59° 32' 40" East; thence
northeasterly along the arc of said curve. subtending a central angle of 28° 51' I5", a distance
of 196.40 feet to a point on the westerly right of way line of Anchorage Drive, said point
being on the arc of a curve having a radius of 840.00 feet, from which a radial line bears
North 60° 35' 50" East; thence northwesterly along said westerly right of way line, and the
arc of said curve. subtending a central angle of 29° 24' 10" a distance of 43E07 feet to the
point of tangency of said curve; thence North 00° 00' 00" East a distance of 23.00 feel to the
POINT OF BEGINNING.
PARCEL C (Foundation l'arcel 43.12B) •
A parcel of land situate in a part of Tract "A", as shown on the plat of VILLAGE OF
NORTH PALM BEACH PLAT NO. 1, Plat Book 24, page 204, according to the public
records of Palm Beacli County, Florida lying in Section 17, Township 42 South, Range 43
East, within the municipal limits of the Village of North Palm Beach, Palm Beach County,
Florida, and being more particularly described as follows:
Commencing at the East Quarter Corner of said Section 17; said Quarter Corner being in the
centerline of Anchorage Drive as now laid out and in use; thence run South 00° 00' 00" East,
along said centerline of Anchorage Drive and said East line of Section 17, a distance of
596.92 feet to a point; thence run South 90° 00' 00" West, a distance of 40.00 feet to a point
in the Westerly right of way of said Anchorage Drive; thence continue South 90° 00' 00"
West, departing from said Westerly rigid of way line and running along the Northerly line
of a Roadway Easement 24.00 feet in width as described in Official Records Book 2313,
page 644 and Official Records Book 1885, page 41 of the public records of Palm Beach
County, Florida, a distance of 357.33 feet to the POINT OF BEGINNING of the herein
described parcel;
Exhibit "A" Page 2 of 2
•
•
•
Thence along the Northerly line of said Roadway Easement the following two courses and
distances; I) South 90° 00' 00" West, a distance of 69.43 feet; thence 2) North 68° 55' 30".
West, a distance of 127.07 feet; thence departing from said Roadway Easement and running
along the perimeter of "Tire Village of North Palm Beach Property", as described in Official
Records Book 3602, page 1698, the following three courses and distances; 1) North 21° 03'
30" East, a distance of 115.15 feet; thence 2) South 75° 38' 21" East, a distance of 151.35
feet; thence 3) South 00° 00' 00" West, a distance of 0.80 feet; thence South 00° 00' 00"
West, departing from said perimeter, a distance of 114.82 feet to the POINT OF
BEGINNING of the herein described parcel.
PARCEL D (Foundation Parcel 43.12C)
A parcel of land situate in a part of Tract "A", as shown on the plat of VILLAGE OF
NORTH PALM BEACH PLAT NO. 1, Plat Book 24, page 204, according to the public
records of Palm Beach County, Florida lying in Section 17, Township 42 South, Range 43
East, within the municipal limits of the Village of North Palm Beach, Palm Beach County,
Florida, and being more particularly described as follows:
Commencing at the East Quarter Corner of said Section 17; said Quarter Corner being in the
centerline of Anchorage Drive as now laid out and in use; thence run South 00° 00' 00" East,
along said centerline of Anchorage Drive and said East line of Section 17, a distance of
596.92 feet to a point; thence run South 90° 00' 00" West, a distance of 40.00 feet to a point
in the Westerly right of way of said Anchorage Drive and the POINT OF BEGINNING of
the herein described parcel;
Thence continue South 90° 00' 00" West, departing from said Westerly light of way line, a
distance of 426.76 feet to a point; thence North 68° 56' 30" West, a distance of 234.40 feet
to a point; thence South 21° 03' 30" East, a distance of 24.00 feet to a point; thence South
68° 56' 30" East, a distance of 238.86 feet to a point; thence East a distance of 431.22 feet
to a point; thence North a distance of 24.00 feet to the POINT OF BEGINNING of the
herein described parcel.
al
EXHIBIT "B" Page 1 of 2
SPECIAL WARRANTY DEED
Prepared By and Return To:
Steven Cohen, Esquire
4400 PGA Blvd., Suite 900
Palm Beach Gardens, FL 33410
Grantee's ID No.
Control Nos.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made effective this day of
1996,
between JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION, an
Illinois not -for -profit corporation, hereinafter called the
Grantor,
whose mailing address is: 4400 PGA Blvd., Suite 900, Palm Beach
Gardens, FL 33410-9680
to VILLAGE OF NORTH PALM BEACH, a municipal corporation organized
and existing under the laws of the State of Florida, hereinafter
called the Grantee,
whose mailing address is: 501 U.S. Highway One, North Palm
Beach, FL 33408
(Wherever used herein the terms "Grantor" and "Grantee' are
used for singular or plural, as context requires and include
all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the
successors and assigns of corporations.)
WITNESSETH, that the said Grantor, for and in consideration
of the sum of Ten Dollars ($10.00) and other good and valuable
considerations, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases conveys and
confirms unto the Grantee, all that certain land situate in Palm
Beach County, State of Florida, to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
SUBJECT TO comprehensive land use plan, zoning,
restrictions, prohibitions imposed by governmental
authority; and matters set forth on EXHIBIT "BM attached
hereto and made a part hereof.
1 4egal\prrvauw3\npbmd dot
•
EXHIBIT "B" Page 2 of 2
•
•
TOGETHER with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the said Grantor hereby covenants with said Grantee that the
Grantor is lawfully seized of said land in fee simple; that is
Grantor has good right and lawful authority to sell and convey
said land; that the Grantor does hereby fully warrant the title
to said real property and will defend the same against the lawful
claims of all persons claiming by, through or under the said
Grantor but against none other whatsoever.
IN WITNESS WHEREOF, the said Grantor has signed and sealed
these presents the day and year first above written.
As to Grantor:
witness
Print Name:
GRANTOR{
JOHN D. AND CATHERINE T.
MacARTHUR FOUNDATION
BY:
ATTEST,
Witness
Print Name: (Corporate Seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of 1996 by , of John D. and Catherine
T. MacArthur Foundation, an Illinois not -for -profit corporation,
who is personally known to me or has produced as
identification.
(NOTARY SEAL)
1 \Jcpal\pm elc\l\npbsxd da
Printed Name:
Notary Public, State of Florida
Serial Number:
Page 2
EXHIBIT "C" Page 1 Of 4
Leval Desoription
of
Prosperity Harbor North and South
\mactl\von \ legal \private\OB\addendum.doc
i
•
EXl1LBtT "C"
Legal Description
of
Parcels 8.01, 8.02 and 8.03
ige 2 of 4
A parcel of land lying in Section 8, Township 42 South. Range 43 East. Palm' Beach County,
Florida, and being more particularly described as follows;
All that part of the Northeast Quarter (NE 1/4) of said Section 8 lying westerly of the West right•
of -way of the Intracoastal Waterway, as shown In Plat Book 17, Page 10, and westerly of a line
75 feel westerly of. as measured at right angles to the centerline ol the North Palm Beach
Waterway, as said line is described In Official Records Book 222, Page 348 and lying easterly
ol the easterly right-ol-way line of Prosperity Farms Road as shown in Road Plat Book 2, Pages
136 and 137. LESS AND EXCEPTING THEREFROM the North One quarter (N 1/4) of the
Northeast Quarter (NE 1/4) of said Section 8 lying westerly o1 the Intracoastal Waterway.
Also Less the West Three Quarters (W 3/4 s) of the South Half (S 1/2) of the Northwest Quarter
(NW 1/4) ol the Northeast Quarter (NE 1/4); Also less the South 20.00 feet ol the East Hall (E
1/2) of the Soulheasl Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Norlheasl
Quarter (NE 1/4) of said Section 8, less the East 267.95 feet thereof; Also less the North 20.00
feet of the West Three-Ouarlers (W 3/4 s) ol the North Hall (N 1/2) of the Southwest Quarter
(SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 8; Also lass the North 20.00 lest of
the East Hall (E 1/2) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of
the Northeast Quarter (NE 1/4) of said Section 8, less the East 267.95 feel thereof. And also
less that certain parcel of land conveyed to the Village of North Palm Beach as described In
Official Records Book 3442, Page 1431.
TOGETHER WITH the North 112.5 leaf of the Southeast Quarter (SE 1/4) lying westerly of (he
North Palm Beach Waterway as described In Official Records Book 222, Page 348 and Easterly
of the East right-of-way line ol Prosperity Farms Road;
Together with that certain parcel marked 'Prosperity Harbor - Not Included In the Plat' and Lots
1, 2, 3, 4, and 5, Block 54, Village of North Palm Beach, No. 6, according to the plat thereof, as
recorded in Plat Book 26, pages 10 through 12, In the 011ice of the Clerk of the Circuit Court,
Palm Beach County, Florida;
Containing In all, 78.62 acres, more or less.
POILGL (Jar
w
JL
r-
a!I
,4
EXHIBIT "C" Page 3 of 4
•
PARCEL C
A parcel of land lying in the southeast quarter of Section 5, Township 42 South, Range 43
East, Palm Beach County, Florida, more particularly described as follows:
Commencing at the southwest comer of the southeast quaner of said Section 5; thence South
88'34'32" East along the South line of the southeast quarter (the South line of the southeast
quarter's taken to bear South 88'34'32" East and all other bearings stated herein are relative
thereto) a distance of 841.10 feet to the East line of the West half of the West half of the
southeast quarter of the southwest quarter of the southeast quarter of said Section 5; thence
North 00'06'53" East along said East line and along the West line of the Plat of Harbour
Point Marina, recorded in Plat Book 73, Pages 99 and 100, Public Records of Palm Beach
County, Florida, a distance of 671.39 feet to the northwest comer of said plat; thence South
88'37'59" East along the.North line of said plat a distance of 499.75 feet to the most
northeasterly corner of said plat and the POINT OF BEGINNING of the hereinafter
described parcel; thence continue South 88'3759" East along the North line of the South half
of the southeast quarter of the southeast quarter of said Section 5 a distance of 594.98 feet
to a point of intersection with the West right-of-way line of the Intracoastal Waterway as
shown on the Amended Plat of Section 5-42-43 of the Intracoastal Waterway, as recorded
in Plat Book 17, Page 29, Public Records of Palm Beach County, Florida; thence South
07.20'49" East along said right-of-way line a distance of 166.93 feet to a point on the South
line of the North 165.00 feet of the South balLof the southeast quarter of the southeast
quartet of said Section 5; thence North 88'37'59" West along said South line a distance of
615.50 feet to the southwest comer of the North 165.00 feet of the South half of the
southeast quarter of the southeast quaver of said Section 5, said point lying 012 the East line
of said Plat of Harbour Point Marina; thence North 00' 17'18" West along said plat line and
the West line of the North 165.00 feet of the South half of the southeast quarter of the
southeast quarter of said Section 5 a distance of 165.07 feet to the POINT OF BEGINNING.
•
EX11I8IT '16.1
Legal Description
of
Parcel 8.04
'gage 4 of 4
A parcel ol land lying in Section 5, Township 42 South, Range 43 East, Palm Beach County,
Florida, and being more particularly described as follows:
That part of the North Hall (N 1/2) of the South Hall (S 1/2) of the Southeast Quarter (SE 1/4) of
said Section 5 lying westerly of the West right-ol-way Ilne ol the Intracoastal Waterway and
lying East of the easterly right-ol-way line of Piosperity Farms road, as shown in Road Plat
Book 2. pages 136 and 137; TOGETHER WITH the Northeast Quarter (NE 1/4) el the
Southwest Quarter, (SW 1/4) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE
I/4) ol said Section 5; TOGETHER WITH that part of the North 169.6 feel of the West Hall (W
1/2) ol the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Soulheasl
Quarter (SE 1/4) of Section 5 tying easterly ol the East line of those lands described In Deed
Book 877. Page 439, Palm Beach County records; TOGETHER WITH the West Hall (W 1/2) ol
the West Hall (W 1/2) ol the Southeast Quarter (SE 1/4) ol the Southwest Quarter (SW 1/4) of
the Southeast Quarter (SE 1/4) of said Section 5; TOGETHER WITH the West thirty teal (30) of
the loliowing described parcel:
Commencing at the center cl said Section 5; thence easterly along the East-West Quarter
Section line a distance ol 1,293.76 lest to the Northwest corner of the Northeast Quarter (NE
;14) of the Southeast Quarter (5E 1/4) of said Section 5; thence South 00 degrees 08 30' West
along the West line ol the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/d) of
Section 5, (the West line o1 the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of
Section S is assumed to bear South 00 08' 30' West and all other bearings are relative
thereto) a distances of 1,343.65 feet to the Southwest corner ol the Northeast Quarter (NE 1/4)
of the Southeast Quarter (SE 114) of Section 5 and the POINT OF BEGINNING of the herein
described parcel; thence South 88 degrees 16' 41' East along the South line of the southwest '
Querler (SW 1/4) ol the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 114) of
Section 5, a distance of 144.46 feet; thence North 02 degrees 13' 64' West, a distance of
157.46 feel; thence North 88 degrees 16' 41' West, a distance of 137.95 feet; thence South 00
08' 30' West, a distance of 157.15 feel to the POINT OF BEGINNING.
LESS AND EXCEPTING THEREFROM a parcel of land conveyed to the county of Palm Beach,
Florida as described in Official Record Book 6428, Page 443, Public Records of Palm Beach
County. Florida.
Containing in all, 33.42 Acres, more or less.
rnr o, our
•
h
Exhibit "D"
PERMITTED TITLE EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exceptions to the following matters
un:ess the same are disposed of to the satisfaction of the Company.
1. Defects. liens, encumbrances, adverse claims or other matters, if any, created, first appearing
t❑ the public records or attaching subsequent to the effective date hereto but prior to the date
the proposed Insured acquires for value of record the estate or interest or mortgage thereon
covered by this Commitment.
2 Standard Exceptions:
a Right or claims of patties in possession not shown by the public records.
b. Easements, or claims of easements, not shown by the public records.
c. Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate survey and inspection of the premises.
d. Any lien, or right to a lien, for service, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
e. Taxes or special assessments which are not shown as existing liens by the public
records.
f. Any claim that any portion of said lands are sovereign lands of the State of Florida,
including submerged, filled or artificially exposed lands and lands accreted to such
lands.
g
Taxes and assessments for the year 1996 and subsequent years.
3. Standard exceptions (b) and (c) may be removed from the policy when a satisfactory survey
and surveyor's report and inspection of the premises is made.
4. Standard exceptions (a) and (d) may be removed upon receipt of a satisfactory affidavit -
indemnity from the party shown in title and in possession stating who is in possession of the
lands and whether there are improvements being made at date if commitment or
contemplated to commence prior to the date of closing which will not have been paid for in
full prior to the closing.
5. Restrictions, dedications and easements set out on Plat No. 2 Palm Beach Lake Worth
Estates, recorded in Plat Book 35, Pages 143 and 144. (As to Parcel A)
6. Agreement pertaining to water and sewer service with North Palm Beach Utilities, Inc.,
recorded in Deed Book 1145, page 135, as amended in Official Records Book 87, page 317,
as partially terminated in Official Records Book 344, page 519 and Official Records Book
350, page 22, and as assigned in Official Records Book 5542, page 1399, and further
assigned to Seacoast Utility Authority in Official Records Book 6002, page 62 and Official
Records Book 6007, page 1275.
7. Restrictions, dedications and easements set out on Village of North Palm Bach Plat No. 1,
recorded in Plat Book 24, Pages 202 to 206, inclusive. (As to Parcels B, C and D)
8. Any real estate taxes which may be due for the year 1995 and prior years with respect to
Parcel D described in Schedule A hereof, as a result of the fact that said Parcel was
incorrectly assessed to the Village of North Palm Beach as a part of the land covered by
Property Control No. 68-43-42-16-02-028-0021.
• 9.
Utility Easement granted to John D. and Catherine T. MacArthur Foundation recorded in
Official Records Book 5880, page 1768, as assigned to Seacoast Utility Authority in Official
Records Book 6002, page 62 and Official Records Book 6007, page 1275. (Parcel B)
10 Easement granted to Florida Power & Light Company recorded in Official Records Book
1710, Page 731. (Parcel D)
I I. Easement granted to Seacoast Utility Authority for ingress and egress purposes as set forth
in deed recorded ir. Official Record< 4nolc Sono flan. irrn Elk •