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1996-067 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 I. 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) 1996. ~d~G~~~~~G"' "' ~/ 47'Y. MAYOR r~ J A • 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. 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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 A27D pURCHABE is made and Ja.,~/ entered into this 14th tlay of 6etobar; 1996, by and between JOHN D. and CATHERINE T. MacARTHUR FOUNDATION, an Illinois not-fOi- profit corporation, whose mailing address is 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, Florida 33410 (hereinafter the "Foundation") and the VILLAGE OF NORTH pAIl4 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; end 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 ,~ i~ ' mandatory conveyance or dedication of lands for public use, all • as more particularly described herein. NOW, THERE FOAE, in consideration of Ten Dollars (510.00) end 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. 3na#-~w~ R4~ ____ ~ es, nc u n , i 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 es 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 i~ Av 2 \\mac(1\voll\legel\p[iva[e\OB\atldentlum.tloc plat. The minimum area a developer shall be required to provide • for public use in a proposed subdivision is five percent (51) 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. 9. 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 [he Foundation apply 1.19 acres of the credit to a particular planned unit \\mac[1\voll\leQal\pti vote\OB\aEdenEUm.EOc 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 ioninq 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 9. Provided further, however, if a final zonlnq 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 io 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 whlch 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 s~ 4 \\mac(1\voll\legal \pa vet<\O6\atltlentlum.tloc R a,o cc.ccation is in writing and_duly executed by the party sought • to be charged therewith. ~. 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. There £ore, 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 restrnining 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 egree 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. Readings. 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 Assicns. 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. \\eras[1\voll\legal\privata\OB\atltlentlwn AOc S 14. Closin Contin encies. Village shall have a period Mne~ C4V • ~ of saxty-t{g-)- 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 egainst the other by reason of having entered into the Contract for Sale ar.:: Purchase. If Village fails to elect cancellation ofthe Contract '/ _ nins~ ~90~ ~/ within said s#xey--r6Q) day period or proceeds to closing prior to • that time, this contingency shall be waived. Village shall indemnify Foundation from all mechanics' liens ox 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 investigatlon testa, 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 \\mac[1\voll\legel\pilve[e\Oa\edEenEUm.tlx ., • IN WITNESS WE[EREOF, the parties have caused this Addendum to be made and executed as of the date and year first above written. Witnesses: Witnesses: ( -_ ~_ r ~_ JENut~ "FOUNDATION" JOHI7 D. and CATHERINE T. MacARTNUR FOUNDATION an Illinois not-for-profit corporation ey: .~ Its• V,K ed "\ Attest: ~~ _ .~_--_~ Its: a _- _ - ?v • \\ma cfl\voll\legal\p[SVate\OB\etltlentlum.tlot 7 "VIyL11OE" VILI.11OE OF NORTR FAIM. BEACH, a municipal corporation organized under the laws of the State of Florida Exhibit "A" 'Page 1 of 2 LEGAL DESCRIPTION OF THE REAL PROPERTY • PARCEL A (Foundation 1'orcel 43.02) Lots C and D as shown on PLAT NO. 2, PALM BEACH LAKE WORTH ESTATES. according W the plat thereof recorded iu Plal Book 35, pages 143 and 144, public records of Palm Beach County, Florida. I'ARCGL 6 (Foundatiun I'arccl 43.12A) A parcel of land situate in Sections IG and 17, Township 42 SouUt, Range 43 Eesl, Palm Beach County, Florida, lying within Tract "A" of VILLAGE OF NORTH PALM BEACH PLAT NO. 1, es recorded irr Flat Book 24, at pages 202 Uvough 20G, of Ute public records of Palm Beaclt Courrq•, Florida, said parcel is Described es follows: Couunencing at the Lest quarter cornet of said Section 17, as shown on said plat; lhe~ South 00' 00' 00" East along the centerline of Anchorage Drive, a Distance of 620.92 h thence North 90° 00' 00" West, a dislarrce of 40.00 feet to a point on Ute Westerly right .ray of Anchorage Drivc, said point being 23.00 feet Nortrerly of Ure begirmiug of the cur•. on the Easterly'pcrimeler oC aforesaid Tmcl "A", and also being the POINT (: 6EGINNING; Thence continue North 90° 00' 00" Wesl, a dislarrce of IG0,44 feel; Weuce South 00° 32' L West, a distance of 263.79 feet; llrertce Soullt 59° IS' 44" Easl, a distertce of 62.64 feel, thence Soutlr 21 ° 1 G' 37" West, a dislerra of 220.57 feet to Ure souUrerly line of Ttact A; thence Soutlr G8° 55' 30" East, along Ure souUrwly lice ofTract "A", a distance of 54.66 feet • to fire beginning of a curve, Itavirrg a radius of 780.00 feet, from which a radial line bears South 21 ° 04' 30" West, thence southeasterly along Ure arc of said curve, subtending a central angle of 8° 5T 32". a distance of 121.06 feet to a point oe Ure nortlrweslerly right of wsy 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, front wlticlr a radial line bears South 59° 32' 40" East; (hence tronlreasterly along fire arc of said curve, subterrdirrg a central angle of 28° 51' I S", a distance of 196.40 feet to s point ou the westerly right of way line otAnchorege Drive, said point being on lire arc of a curve (raving a radius of 840.00 feet, from which a radial line bears North GD° 35' S0" Cesl; thence northwesterly along said westerly right of way line, and the arc of said curve, subtertdirrg a central angle of 29° 24' 10" a dislattce of 431'.07 feel Lo lire point of tarrgeucy of said curve; thence North 00° 00' 00" Easl a distance of 23.00 feel to the POINT OF BEGINNING. I'ARCLL C (Poundaliou Parcel 43.128) A parcel of laud situate in a part of "1'racl "A", as slrowrr on fire plat of VILLAGE OP NORTH PALM BEACH PLAT NO. 1,1'lat Book 24, page 204, according to Ute public records of Palnr Beaclt Courtly, Florida lying irr Section 17, Township 42 Sough, Range 43 East, within the municipal limits of the Village of North Palm Beach, Palm Beach County, Florida, artd being more paniculerly described as follows: Corruneucing at We East Quarter Corner of sail Seclioa 17; raid Quarter Comer being in Ure centerline of Anchorage Drive as now laid out mrd in use; Urena run South 00° 00' 00" East. along said centerline of Artclrorage Drive arrd said Eesl line oC Section 17, a distance of 596.92 feet to a point; Uretrce nut Soutlr 90° 00' 00" Wesl, a dislana of 40.00 feet to a point • in fire Westerly right of way of said Anchorage Drive; Utence continue South 90° 00' 00" West, dcpaning front sail Westerly right of way line end funning along Ure Northerly line of a Roadway Easement 24.00 feel in width as described in Official Records Book 2)13, page 644 end Official Records Book 1865, page 41 of life public records oC Palm Beaclt County, Florida, a Distance of 357.33 feet to fire POINT OF BEGINNING of fife herein described parccl; id ?R Exhibit "A" Page 2 of 2 k~ Thence along the Northerly line of said Roadway Easement Ute following two courses and Distances; 1) Soullt 90° 00' 00" West, a distance of 69.43 feet; Utence 2) North G8° 55' 30". Wes4 s distance of 127.07 feet; thence departing from avid Roadway Easement and tumring along the perimeter of "Tlte Village otNorlh Palm Beech Property", as described in OiFicial Records Book 3602, page IG98, the following three wurses and distances; 1) NorUt 21° 03' 30" East, a distance of 115.15 feet; tltettce 2) South 75° 36' 21" Earl, a distartce of 151.35 feet; thence 3) South 00° 00' 00" Wes(, a distance of 0.80 feel; thence South 00° 00' 00" Wcsl, departing from said perimeter, a distartce of 114.82 feel to the POINT OF BEGINNING of the herein Described parcel. PARCEL D (Foundation Parce143.12C) A parcel of land situate in a part of Tract "A", as shown on the plat o(VILLAOE OF NORTH PALM BEACH PLAT NO. 1, Plat Book 24, page 204, according to the public records of Pelm Beach County, Florida lying in Section 17, Township 42 South, Range 43 East, within the municipal limits or the Village oCNoNt Palm Beach, Palm Beach County, Florida, and being more particularly described as follows: Commencing at the East Quarter Comer of said Section 17; said Quarter Comer being in Ure centerline of Anchorage Drive as now laid out and in use; Urence run South 00° 00' 00" Eazt, along said centerline of Anchorage Drive ettd said East line of Section 17, a distance of 596.92 ket to a point; thence run Sou0t 90° 00' 00" Wesl, a distance oC 40.00 fat Lo a point in the Westerly right of way of said Anchorage Drive and the POINT OF BEOINNINO of the heroin described parcel; Thence continue Soudt 90° 00' 00" Wesl, departing Crom said Westerly light of way line, e distance of 426.76 feet to a point; thence North G8° 5G' 30" West, a distance of 234.40 feet to a point; thence South 21° 03' 30" Eest, a distance of 24.00 feet to a point; thence South 68° 66' 30" East, a distance of 238.66 feet to a point; thenx East a distance of 431.22 feet to a point; thence Nortlt a distance of 24.00 feet to the POINT OF BEGINNING of the herein described parcel. r~ u EXHIBIT "B" Page 1 of 2 SPECIAL WARRANTY DEED Prepared By and Return To: - Steven Cohen, Esquire 9400 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. MacARTHVR FOUNDATION, an Illinois not-for-profit corporation, hereinafter called the Grantor, whose mailing address is: 4400 PGA Blvd., Suite 900, Palm Beach Gardens, FL 33910-9660 to VILLAGE OF NORTH PALM HEACH, 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.) WITNES6ETH, 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 3UHJECT TO comprehensive land use plan, zoning, restrictions, prohibitions imposed by governmental authority; and matters set forth on EXHIBIT "B" attached hereto and made a part hereof. 191egal\privauw}Hpbsrrddoc • EXHIBIT "B" Page 2 of 2 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. • TO HAVE AND TO NOLD, 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 oY_ under the snid 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. ORANTORP As to Grantor: JOHN D. AND CATHERINE T. MacARTHVR FOUNDATION Witness Print Name: 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. e r,. Printed Name: Notary Public, State of Florida Serial Number: (NOTARY SEAL) Page 2 191cpa1\peivlcWly,Pbsx d.da EXHIBIT "C" • Leaal Dssoription of Prosperity Harbor North and South • Page 1 of 4 \\mactl\vo]l\legal\p~ivete\OB\edd<ntlum.tloc E%l1IBIT "C" rtge 2 of 4 Legal Description of Parcels 8.01, 8.02 and 8.03 . A parcel of land lying in Section e, Township 42 South, Renpe 43 East, Palm•Beaeh County, Florida, and being more particularly described ac lollowc; All Ihal part of the Norlheasl Quarter (NE 1/4) of said Seelion S lylnp weeterly of the Wasl rlpht• ol•wey o1 the Intracoastal Waterway, as shown in Plal Book 17, Pape 10, and weeterly of a Tine 76 leer westerly ol, as measured el right angles to the centerline of the North Palm Beech Waterway, es said line Is described In OIIiclal Records Book 222, Pepe 346 end lying eaelerly of the easterly ripht•ol-way line of Prosperlly Farmc Roed ac shown In Road Plet Book 2, Papec 136 and 137, LESS AND E%CEPTING THEREFROM the North One quarter (N I/4) of the Norlheasl Quarter (NE 1/4) of said Section B lylnp westerly of the Intrecoaslal Waterway. Also Less Ifte Wesl Three Quarters (W 3/d s) of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Norlheasl Quarter (NE t/4); Also less the South 20.00 lest of the East Hell (E 1/2) of the Soulheesl Querler (SE 1/4) of the Northwest Quarlar (NW 1/4) of the Norlheasl Quarter (NE 1/4) of said Section 8, less the Easl 267.95 lest thereof; Also lase the North 20.00 teat of the West Three-Quarters (W 3l4 e) of the North Hell (N 1/2) of the Southwest Querler (SW t/4) of the Northeast Quarter (NE 1/4) of sold Section S; Also lace the North 20.00 lest of the East Hall (E 1l2) of the Norlheasl Quarter (NE 1/4) of the Southwest Quarter (SW t/4) of the Northeast Quarter (NE t/4) of said Section 6, less the East 267.p6 lest thereol. And also less Ihal certain parcel of lend conveyed to the Viliape of North Palm Beech as described In Ofliciel Records Book 3442, Pepe 1431. TOGETHER WITH the North 112.6 teal of the Soulheesl Ouarler (SE 1/4) lying westerly OI the North Pelm Beach Waterway as described in Olllclel Records Book 222, Pepe 346 end Easterly of the Easl right-of•way line of Prosperlly Farms Road; Together with Ihat certain parcel marked 'Prosperlly Harbor - NoI Included in the Plat' and Lpts 1, 2, 3, 4, and 5, Block 54, Villepe of North Palm Beech, No. 6, according to the plat thereol, ae recorded in Plal Book 26, papas 10 through 12, In the OIIIce of the Clerk of the Clrcuil Court,. Palm Beach County, Florida; Containing In all, 78.62 acres, more or less. rnram ooc ~~ F ._,, `~ r~ ''It119C' .. l~ ~ Sub ed Lands ~`; .r 4i~dullV , ~. r--~ r~ 14 1+ ERHIBIT "C" Page 3 of 4 ~~ raRCel, c F. parcel of land lying in the sou[heaa quaver of Seetioo S, Township 42 South, Range 43 East, Palm Beach Counry, Florida, more particularly descnbed as follows: Commencing at the southwest comer ofthe southeari gturta of said Section S; theoce South 88.34'32" East along the South line ottee southwri quarter (the South line of the southeast quarter is taken to bear South 88'34'32" East and all other beatingx acted herein are rehttive thereto) a distance oC 841.10 feet to the Eaa 1me of the Weri half of the West half of the southeaa tpurta of the southweri quarter of the southeari gwrter oCsaid Settion S; thaee North 00'06'53" Eaa iloog said East ]me and along the Wea line of the Plat of Harbour Point Marina, recorded m Plat Book 73, Pages 99 and 100, Public Records of Palm Beach County, Florida, a distance of 671.39 feet to the northweri comer of sald plat thence South 88'3759" East along the North line of said plat a distance oC 499.75 feet to the mori nortbeasteriy comer oC said plat and the POINT OF BEGINNING oC the hereioaAa desnibed parcel ihrnce continue South 88'3759" Eaa along the North line of the South half ;¢ of the southean quarter oCthe southeast quaver o(sild Section 5 a distance oC594.98 feet to a point oC mterseaion with the Wea right-o6way line of the lntraeoaaal Waterway as shown oo the Amended Plat oCSection 5-42-43 of the lnvacoaail Waterway, as recorded ' in Pla[ Book 17, Page 29, Public Records of Palm Beach Couary, Florida; thrnce South 07.20'49" Eaa along said nigh[-of--way line a distance of 166.93 feet to a point on the South line of the North 165.00 feet oC the South halLof the southesri quarter of the toutbeari quarter of said Section 5; thrnce North 88.37'59" Wea iloog said South lice a distance of 615.50 feet to the southwea corner o! the North 165.00 Feet of the South half of the sou[heaa-quarter of the southeari quarter of said Section S, ald point lying on ilte Eari line `6` of said Plat of Hubour Point Mariaa; thence North 00.17'18" Wea along tald plat Ime and the Wea Ime of the North 165.00 feet of the South hall of the southeari quarter of the sou[heaa quota of said Section 5 a distance oC 165.07 feet to the POINT OF BEGINNING. EXIIIBIT "C" ?age 4 of 4 • Legal Description of sy Parcel 8.04 • A parcel of land lying in Section 5, TownahiD 42 South, Range 43 Eesl, Palm Beech County, Florida, end being more particularly described as lollowc: Thal part of the North Hell (N 1/2) of the South Hall (S 1/2) of the Soulheasl Quarter (SE 1/4) of said Section 5 Iyinp westerly of the Wesl ripht•ol-way Ilne of the Inlracoaslal Waterway end lying Easl of the easterly righl•ol-way Ilne of Prosperity Farms road, ac shown In Road Plet Book 2, pages 136 end 137; TOGETHER WITH the Norlheesl Quarter (NE i/4) of the Soulhweal Quarter, (SW 1/4) of the Southwest Quarter (SW 1/4) of the Soulheact Qusrler (SE I/4) of said Section 5; TOGETHER WITH Ihal part of the North 188.6 teal of the Weel Hall (W 1/2) of the Soulhweal Ouerler (SW t/4) of the Southwest Quarter (SW 1/4) of the Soulheael Quarter (SE 1/4) of Secllon 5 lying easterly of the Easl line of those lands described In Deed Book 877. Page 439, Pelm Beech County records; TOGETHER WITH Iha Wecl Hall (W 1/2) of the Wesl Hall (W 1/2) of the Soulheael Qusrler (SE 1/4) of the Southwest Qusrler (SW 1/4) of the Southeast Quarter (SE t/4) of said Section 5; TOGETHER WITH the Wesl Ihlrly teal (30) of the following described parcel: Commencing el the censer cl said Section 5; thence easterly sloop the Easl-Weal Qusrler Section line a dislence of 1,293.76 feel to the Northwest corner of the Norlheesl Quarter (NE ;;4) of the Soulheasl Qusrler (SE 1/4) of cald Section 5; (hence South OD depreec 08 30' Wesl along the West line of the Norlheesl Qusrler (NE 1/4) of the Soulheasl Quarter (SE 1/4) of Section 5, (Iha Wesl line of the Northeast Qusrler (NE 1/4) of the Soulheael Qusrler (SE 1/1) of Section S Is acsumed to beer South 00 06' 30' Wesl end all other bearings ere relative thereto) a distances of 1,343.65 feel to the Soulhweal corner of the Norlheesl Quarter (NE 1/4) of the Soulheasl Quarter (SE 1/4) of Section 5 end the POINT OF BEGINNING of the herein described parcel; (hence South 66 degrees 16' 41' Eaet sloop the South Ilne of the southwest Our.rler (SW 1/4) of the Northeast Qusrler (NE 1/4) of the 6outheast Qusrler (SE t/4) of Section 5, a dislence of 144.46 feel; (hence North 02 depress 13' 64' Wecl, a distance of 157.46 lest; thence North 68 degrees 16' 41' Weel, a dislence of 737.96 feel; (hence South 00 OB' 30' W est, a dislence of 157.15 feel to the POINT OF BEGINNING. LESS AND EXCEPTING THEREFROM a parcel of land conveyed to the County of Pelm Beach, Florida es described in OIIlcial Record Book 6428, Pepe 443, Public Records of Palm Beach County, Florida. • Containing in ash 33.42 Acres, more or less. rer o, our Exhibit "D" ~~ PERHITTED TITLE ERCEPTIONS Sc!~eduie B of the policy or policies to be issued will contain exceptions to the following matters un;css me same are disposed of to the satisfaction of the Company. • I . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing m 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. ? Standard Exceptions: a. Right or claims of parties 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, Cor 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 wmmence prior to the date of closing which will not have been paid for in full prior to the closing. 5. Restrictions, dedications and eazemenu set out on Plat No. 2 Peltn 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 Baok 87, page 317, az partially terminated in Otlicial Records Book 344, page 519 and Official Records Book 350, page 22, and az assigned in Official Records Book 5542, page 1399, and fiuther 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 Beach 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, az 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-]6-02-028-0021. • 9. Utility Eazement granted to John D. and Catherine T. MacArthur Foundation recorded in Official Records Book 5880, page 1768, az assigned to Seacoast Utility Authority in Official Records Book 6002, page 62 and Off cial 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. Eazement granted to Seacoast Utility Authority for ingress end egress purposes as set forth indeed recorded ir. Official Rrrords Beok torw ..~~. rc~~ io____.