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Documentation_Regular_Tab 13_8/10/2023
Agenda Item #13. Regular Council STAFF MEMO Meeting: Regular Council - Aug 10 2023 Staff Contact: Lance Lilly, Senior Planner Department: Community Development Consider Approval of the Revision of the Previously Recorded Plat from Mastroianni Family Headquarters LLC - 691 N US Highway 1, Tequesta FL 33469 In 2022, the Mastroianni Family Headquarters was approved for a site plan review of a 33,274 sf office building. In addition to the site plan application, the applicant requested a replat of the property, which was approved by the Village Council. After recording the plat, the applicant was required to make a revision to the plat based on the need for additional easements on the property. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. BUDGET AMOUNT N/A FUNDING SOURCES: N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A IS THIS A PIGGYBACK: ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONN/A Plat Cover Letter 3.27.23 Mastroianni Family Office Replat No. 1. Plat Review No. 3 legal plat - REVIEW Loan Policy 3.25.22 22-1057-1 BOUNDARY SURVEY 6-27-2023 esigned 22-1057-2 PLAT REVISED 7-19-2023 2ND RESPONSE Orders Site Plan 1 13 2022 SPR 1-21 Mastroianni Fami Recorded Plat Page 154 of 250 Agenda Item #13. R': 2 G H 0 Landscape Architects Planners Environmental Consultants March 23, 2023 Nilsa Zacarias, AICP — Director of Community Development Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Re: Mastroianni Family Office - Request for Replat Dear Nilsa, LA-0000530 George G. Gentile FASLA M. Troy Holloway ASLA Emily M. D'Mahoney FASLA, PLA, LEED°AP, BDBC On behalf of the Owner, please accept the submitted draft plat document and survey for the Village's consideration. This replat request is necessary due to FPL's request for additional easements on the property that will support the 4-story office building which is currently under construction. The proposed plat is consistent with the applicable Village of Tequesta standards, as well as Chapter 177 of the Florida Statutes, pertaining to Platting. We appreciate the Village's efforts in reviewing the attached plat document. Should you need any additional information, do not hesitate to contact our office at 561.575.9557 Respectfully, 2GHO, Inc. George G. Gentile, PLA, FASLA Senior Partner 1901 COMMERCE LANE, SUITE lei, JUPITER, FLORIDA 33455 561-515-9551 20wo.Goh Page 155 of 250 Agenda Item #13. Legacy Surveying & Mapping 1530 Cypress Drive Unit H Jupiter, FI 33458 Phone (561)746-8424 .July 25, 2023 Nilsa Zacarias, ACIP Community Development Director Village of Tequesta 345 Tequesta Drive Tequesta, Fl 33469 RE: Mastroianni Family Office REPLAT NO. 1. Plat Review No. 3 To Whom it may concern, 1 have reviewed the above referenced plat and find that it is in compliance with Chapter 177 Florida Statues and the general development code of the Village of Tequesta for Plat preparation. If I can be of further assistance, please do not hesitate to call. Yours truly Grego T. Tucker FloriRegistration No. 6147 Page 156 of 250 Agenda Item #13. Lance Lilly Subject: FW: revised plat review - MFO From: Mitty Barnard <mitty@davislawteam.com> Sent: Wednesday, July 26, 2023 5:20 PM To: Lance Lilly <Ililly@tequesta.org>; greg legacypsm.com <greg@legacypsm.com> Cc: McKenna Page <mpage@tequesta.org> Subject: [EXTERNAL] RE: revised plat review - MFO **This Email was sent from an external source. Please be mindful of its content** Lance, No additional comments from legal. Thank you, Amity R. Barnard, Esquire Associate Attorney ME DAV I S r 04 0ASSOC I TE P.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, Florida 33407 Tel: (561) 586-7116, Ext. 2702 Email: mitty@davislawteam.com Martindale•HU"I' s�*0 Woe (M. CO MY, AND IDA LOCAL CQVE W*Mff Incoming a -mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. Page 157 of 250 Agenda Item #13. ' (s2se TITLE GROUP, INC. May 9, 2022 Cohen Norris Wolmer, et. al.. Attention: Donna Roy 712 US. Highway One Suite 400 North Palm Beach, FL 33408 Re: Borrower: Mastroianni Family Headquarters, LLC Lender: Valley National Bank Our File No.: ECT 1159 . Dear Donna: In connection with the subject loan transaction, enclosed please find the following.- 1) Chicago Title Insurance Company Loan Policy of Title Insurance. No. 72302709-227079086. 2) The original and recorded copy of the Mortgage and Security Agreement. 3) The original and recorded copy of the Collateral Assignment of Leases and Rents. 4) The original and recorded copy of the Collateral Assignment of Contract Rights. 5) The original and recorded copy of the Collateral Assignment of Property Rights and Agreements Affecting Real Estate. 6) The original and recorded copy of the UCC-1 Financing Statement. Should you have any questions or concerns regarding the enclosed, please do not hesitate to contact me directly. Sincerely, Zandra V nn Closing Agent 0�a aee 0aultcJ (& C5a%wffd 6neeA 1699 S. Federal Highway, Suite 300 1 Boca Raton, FL 33432 1 Phone; (561) 613.0388 1 Fax: (561) 245-4122 zandra@eastcoasttitlegroup.net Page 158 of 250 Agenda Item #13. CHICAGO TITLE INSURANCE COMPAW Policy No.: 147821-1-ECT-1159-2022.7230709-227079086 LOAN POLICY OF TITLE INSURANCE Issued by CHICAGO TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 17 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 13, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Florida corporation, (the "Company") insures as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance an the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (il) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (lv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance; permit, or governmental regulation (includingthose relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (e) the subdivision of land; or (d) environmental protection If a notice, describing any part of.the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, Is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. S. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge,. 9. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to insurance against loss from any of the following impairing the lien.of the Insured Mortgage (a) forgery, fraud, undue influence, duress, Incompetency, incapacity, or impersonation; (b) failure of any person or Entity to have authorized a transfer or conveyance; (c) the insured Mortgage. not being properly created, executed, witnessed,. sealed, acknowledged, notarized, or delivered; (d) failure to perform those acts necessary to create a document by electronic means authorized by law; (e) a document executed under a falsified, expired, or otherwise invalid power of attorney; 7230709 ALTA Loan Poli,y 05/17/06 w-FL Mod —307 Copyright 2006-201.fi American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are " prohibited. Reprinted under license from the American Land Title Association. Page X of 6 Page 159 of 250 Agenda Item #13. (f) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (g) a defective judicial or administrative proceeding. 10, The lack of priority of the lien of the Inured Mortgage upon the Title over any other lien or encumbrance. 11. The lack of priority of the lien of the Insured Mortgage upon the Title as security for each and every advance of proceeds of the loan secured by the Insured Mortgage over any statutory lien for services, labor, or material arising from construction of an improvement or work related to the Land when the improvement or work is either (a) contracted for or commenced on or before Date of Policy or (b) contracted for, commenced or continued after Date of Policy if the construction is financed, in whole or in part, by proceeds of the loan secured by the Insured Mortgage that the Insured has advanced or is obligated on Date of Policy to advance. 12. The invalidity or unenforceability of any assignment of the Insured Mortgage, provided the assignment is shown in Schedule A,' or the failure of the assignment shown in Schedule A to vest title to the Insured Mortgage in the named Insured assignee free and clear of all dens. 13. The invalidity, unenforceabilty, lack of priority, or avoidance of the lien of the Insured Mortgage upon the Title: (a) resulting from the avoidance in' whole or In part, or from a court order providing an alternative remedy, of any transfer of all or any part of .the title to or any interest in the Land occurring prior to the transaction creating the lien of the Insured Mortgage because that prior transfer a constituted fraudulent or preferential transfer under federal bankruptcy-, state insolvency, or similar creditors' rights laws; or (b) because the Insured Mortgage constitutes. a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws. by reason of the failure of its recording. in the. Public Records (i) to be timely, or : (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 14. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 13 that has been created or attached or has been filed or recorded in the. Public Records subsequent to Date of Policy and prior to the recording of the Insured Mortgage in the Public Records. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Countsi By: Auth er or Agent, East Caast Title roup Inc. 1699 S Federal Hwy Ste 300 Boca Raton, FL 33432-7410 Tel:561-613-0388 Fax: CHICAGO TITLE INISURANCE COMPANY By: Michael 1. Nolan President Attest • . QT.GL f�^-��' l/rl larjorie Nernh ra Secretary 7230709 ALTA Loan Policy. 00/17/06 yr-FL IVIO 307 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and.ALTA membem in good standing as of the date of 'use. All other uses are prohibited, Reprinted under license from the American Land .Title Association. Page 2 of 6 Page 160 of 250 Agenda Item #13. EXCLUSIONS FROM COVERAGE The .following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, casts; attorneys' fees, or expenses -that arise by reason of: 1. (a) Any law; ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment: of the Land; (i€) the character, dimensions, or location of any improvement erected on the Land;. (M) the subdivision of land; or . (iv) environmental protection; . or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk S. (b) Any gpvernmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8• 3. Defects, liens, encumbrances, adverse claims? or other matters (a) created, suffered, assumed, or, agreed to by the Insured Claimant; (b) not Known to -the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the, Insured Claimant; (d) attaching or created subsequent,ta Date of Policy or (e) resulting in loss or.damage that,wou.lclnot•have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien .of the_ Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-busihess laws; of the state where the Land Is situated. 5. Invalidity or.unenforceability in whole or in part of. the lien of the Ensured Mortgage that arises out of the transaction evidenced by, the Insured Mortgage an¢ Is,based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer, fbr, any,rea,son not stated in Covered Risk .13(b) of.this policy. 7. Any lien on the Title for real estate: taxes or assessments imposed by governmental authority and created or. attaching between Date of Policy and -the date of recording of the Insured Mortgage in the Public Records. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in tYiis..policy mean: (a') "Amount of, fnsurance": The amouni. -stated in Schedule. A, as may be'increased or decreased'by endorsement to this policy, increased by Section 8(b)..or decreased by Secticn 10 of these Conditions. (b)"Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation; partnership; trust, limited liability company, or other similar legal entity- . . .(d)"Indebte.dness"; The obligaVon secured by the Insured Ni+artgage including one evidenced by electrork means authorized: by law, and that. obligation is the payment of a debt, the Indebtedness is the sure of (i) the amount of the principal disbursed as of Date of Policy; (€€) the amount of the principal disbursed subsequent to Date of Policy; (fil) the construction loan advances made 'subsequent to Date of Policy for the purpose of finaricirg' n woole or in part the construction of an improvement to the Land. or related to the Land that: the Insured wa- and continued to be obligated to advance at Date of Policy and at the date of the advance; (iv) Interest on the loan; (v) the prepayment prem€ums, exit fees, and other similar fees or penalties, allowed by law;. (vi) the expenses of foreclosure and any other costs of enforcement; (vii) the amounts advanced to assure compliance with laws` or to protect the lien or the priority of the lien of the Insured Mortgage before the'acCuisition of the estate or interest in the Title; - (viii) the amounts to pay taxes and insurance; and (ix) the reasonable amounts expended to prevent deterioration of improvements; but the Ird•ebtedness is reduced by the total of al€ payments and by any amount: forgiven by an Insured. (e) "Insured": The insured- named in Schedule A. (1) . The term "Insured" also includes (A)the owner of the Indebtedness and each successor in ownership of the Indebtedness, whether the owner or successor owns the Indebtedness for its own account or as a trustee or other fiduciary,, except a successor who is an obligor under the provisions of Section 12(c) of these Conditions; (B)the person or Entity who has "control" of the "transferable record," 3f the Indebtedness is evidenced by a "transferable record," as these terms are defined by applicable electronic transactlons;law; (C)successors to an Insured -by dissolution, merger, consolidation, distribution, or reorganizatlon; (D)successors to an Insured by its conversion to another kind of Entity; . 7230709 ALTA Loaripiol cy 66i37106 i -Fl_ Mod_307 Copyright 2006-2016 American Land Title Association All rights reserved. The use of this Forni (or any derivative thereof) is restricted to ALTA licensees and. ALTA rnembers in good standing as of the date of use. All other uses are prohibited. Reprinted under license from. the American Land Title Association. Page 3 of 6 �A Page 161 of 250 Agenda Item #1,3. (E)a grantee ,of -an Insured under a, deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships,, or other equity. interests of the grantee are, wholly -owned, by the named Insured, (2)• if the grantee, wholly. owns,•the-.named Insured, or (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity; (F) any government agency or instrumentality that is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the Indebtedness secured by the Insured Mortgage, or any part.of it, whether named as an Insured or not; (ii) With regard to (A), (B), (C), (D), and. (E) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured, unless the successor acquired the Indebtedness as a purchaser for value without Knowledge of the asserted defect, lien, encumbrance, or other matter insured against by this policy. (f) "Insured Claimant": An Insured claiming loss or damage. (g) "Insured Mortgage": The Mortgage described in paragraph 4 of Schedule A. (h)"Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or. any other records that impart constructive notice of matters affecting the Title. (i) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The. term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (j) Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law, (k) "Public Records", Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk S(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (1) "Title": The estate or interest described in Schedule A. (m) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title or a prospective purchaser of the Insured Mortgage to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title, 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured after acquisition of the Title by an Insured or after conveyance by an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have .liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (1) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (1) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured of any claim of title or interest that is adverse to the Title or the lien of the .Insured Mortgage, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title' or the lien of the Insured. Mortgage, as insured, is rejected as Unmarketable Title. If the Company is prejudiced. by the failure of the Insured Claimant to provide prompt notice, the company's liability to. the Insured Claimant under, the policy shall:be reduced to the extent of the prejudice. 4, PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis, of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and Will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b)The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title or the lien of the Insured Mortgage, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title, the lien of the Insured Mortgage, or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as 7230709 ALTA Loan Policy 06/17106 w-FL Mod_307 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use, All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 6 Page 162 of 250 Agenda Item #13. may be designated by the authorized representative of the Company, all records, to whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e- mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or (ii) To purchase the Indebtedness for the amount of the Indebtedness on the date of purchase, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of purchase and that the Company is obligated to pay. When the Company purchases the Indebtedness, the Insured shall transfer, assign, and convey to the Company the Indebtedness and the Insured Mortgage, together with any collateral security. Upon the exercise by the Company of either of the options provided for in subsections (a)(i) or (ii), all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in those subsections, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. . (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (11) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or . (li), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is. a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a)The extent of liability of the Company for loss or damage under this policy shall not exceed the least of (i) the Amount of Insurance, (ii) the Indebtedness, (iii) .the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy, or (iv) if a government agency or instrumentality is the Insured Claimant, the amount it paid in the acquisition of the Title or the Insured Mortgage in satisfaction of its insurance contract or guaranty. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title or the lien of the Insured Mortgage, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In the event the Insured has acquired the Title in the manner described in Section 2 of these Conditions or has conveyed the Title, then the extent of liability of the Company shall continue as set forth in Section B(a) of these Conditions, (d)In addition to the extent of liability under (a), (b), and (c), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a)If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures thelack of a right of access to or from the Land, or cures the claim of Unmarketable Title, or establishes the lien of the Insured Mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b)In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals adverse to the Title or to the lien of the Insured Mortgage, as insured. (c) The Company shall not be liable for loss or damage to the Insured For liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION Of LIABILITY (a) All payments under this policy, except payments made for costs, attorneys' fees; and expenses, shall reduce the Amount of Insurance by the amount of the payment. However, any payments made prior to the acquisition of Title as provided in Section 2 of these Conditions shall not reduce the Amount of Insurance afforded under this policy except to the extent that the payments reduce the Indebtedness. (b)The voluntary satisfaction or release of the Insured Mortgage shall terminate all liability of the Company except as provided in Section 2 of these Conditions. 11. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 12. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a)The Company's Right to Recover Whenever the Company shall have settled and paid a claim under this 'policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title or Insured Mortgage and all other 7230709 ALTA Loan Policy 06I17l06 w-FL Mod_307 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page S of 6 Page 163 of 250 Agenda Item #13. rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by. the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies, The Insured Claimant shall permit the Company to .sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b)The Insured's Rights and Limitations M The owner of the Indebtedness may release or substitute the personal liability of any debtor or .guarantor, extend or otherwise modify the terms of payment, release a portion of the Title from the lien of the Insured Mortgage, or release any collateral security for the Indebtedness, if it does not affect the enforceability or priority of the lien of the Insured Mortgage. (ii) If the Insured exercises a right provided in (b)(i), but has Knowledge of any claim adverse to the Title or the lien of the Insured Mortgage insured against by this policy, the Company shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount, if any, lost to the .Company by reason of the impairment by the Insured Claimant of the Company's right of subrogation. (c) The Company's Rights Against Noninsured Obligors The Company's right of subrogation includes the Insured's rights against non-insured obligors including the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. The Company's right of subrogation shall not be avoided by acquisition of the Insured Mortgage by an obligor (except an obligor described in Section 1(e)(i)(F) of these Conditions) who acquires the Insured Mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond, and the obligor will not be an Insured under this policy. 13. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision. or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only If the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment . upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY LXMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or lien of the Insured Mortgage or by any action asserting such claim, whether 'or not based on negligence, shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject. to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (il) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 156 SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 16. CHOICE OF LAW; FORUM (a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 17. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in. writing required to be given to the Company under this policy must be given to the Company at CHICAGO TITLE INSURANCE COMPANY, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. 7230709 ALTA Loan Policy 06i17106 w-FL Mod _307 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is. restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 6 Page 164 of 250 Agenda Item #13. alicago Tittle Insurame Company East Coast Title Group Inc. 1699 S. Federal Highway, Ste 300 Boca Raton, FL 33432 Policy Number: 7230709-227079086 Loan Number: N/A Address Reference: (for informational purposes only) POLICY OF TITLE INSURANCE SCHEDULE A Chicago Title Insurance Company 691 North US Highway One Jupiter, FL 33469 Palm Beach County, FL Date of Policy: March 25, 2022 at 09:35:51 AM 1. Name of Insured: Order Number: 10073349 Customer Reference: ECT-1159 Amount of Insurance: $8,250,000.00 Premium: $22,429.25 Valley National Bank, a National Banking Association, its successors and/or assigns as their interests may appear. 2. The estate or interest in the Land that is encumbered by the insured Mortgage is: Fee Simple 3. Title is vested in: Mastroianni Family Headquarters, LLC, a Delaware limited liability company 4. The Insured Mortgage and its assignments, if any, are described as follows: Mortgage and Security Agreement executed by Mastroianni Family Headquarters, LLC, a Delaware limited liability company, in favor of Valley National Bank, a National Banking Association, dated March 18, 2022, in the original principal amount of $8,250,000.00, recorded March 25, 2022 in Official Records Book 33412i Page 1730, of the Public Records of Palm Beach County, Florida. 5. The land referred to in this policy is described in Exhibit "A" attached hereto and made part hereof. 6. This Policy incorporates by reference those ALTA endorsements selected below: ALTA Endorsement 4.1-06 Condominium (FL Modifications) ALTA Endorsement 5.1-06 Planned Unit Development (FL Modifications) ALTA Endorsement 6-06 Variable Rate 17 ALTA Endorsement 6.2-06 Variable Rate - Negative Amortization ALTA Endorsement 8.1-06 Environmental Protection Lien (FL Modifications) Paragraph b refers to the following state statute(s): NONE ALTA Endorsement 9-06 Restrictions Easements Minerals (FL Modifications) ALTA Endorsement 13.1-06 Leasehold Loan ALTA Endorsement 14-06 Future Advance - Priority ALTA Endorsement 14.1-06 Future Advance - Knowledge ALTA Endorsement 14.3-06 Future Advance - Reverse Mortgage (FL Modification) Florida Endorsement NSE Navigational Servitude ALTA Loan Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as ofthe date of use, All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 165 of 250 Agenda Item #13. Chicago rile 1mrance Company EXHIBIT "A" Order No.: 10073349 Customer Reference: ECT-1159 Policy No.: 7230709-227079086 All of the Plat known as PELICAN SQUARE, according to the Plat thereof recorded in Plat Book 130, Page 1, of the Public Records of Palm Beach County, Florida. ALTA Loan Policy (6/17/06) 30709 2 of 5 with Florida Modifications Copyright American Land Title Association. AR rights reserved. M" The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page ltffof 250 Agenda Item #13. IChicago Tittle Insurance Convany a SCHEDULE B PART I EXCEPTIONS FROM COVERAGE Order No.: 10073349 Customer Reference: ECT-1159 Policy No.: 7230709-227079086 Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Taxes and assessments for the year 2022 and subsequent years, which are not yet due and payable. 2. Easement in favor of American Telephone &Telegraph, filed June 6, 1947, recorded in Deed Book 812, Page 50, of the Public Records of Miami -Dade County, Florida. 3. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of JUPITER HEIGHTS, recorded in Plat Book 23, Page 69, of the Public Records of Palm Beach County, Florida; affected by Resolution No. R-76-1004, abandoning a right-of-way and retaining a utility easement, recorded in Official Records Book 2608, Page 1-709 and Resolution No. 13-18, abandoning an alley right- of-way, recorded in Official Records Book 30406, Page.1391. 4; Drainage Easement in Favor of the County of Palm Beach, filed November 4, 1968, recorded in Official Records Hook 1683, Page 876, of the Public Records of Palm Beach County, Florida. 5. Utility Easement reserved in resolution No. R-76-1004, in favor of Florida Power & Light Company, filed November 23, 1976, recorded in Official Records .Book 2608, Page 1709, of the Public Records of Palm Beach County, Florida. 6. Notice of Lien Rights by the Loxahatchee River Environmental Control District, filed August 26, 1986,. recorded in Official Records Book 4984, Page 1254, of the Public Records of Palm Beach County, Florida; as revised in Revised Notice recorded in Official Records Book 7048, Page 655 and Second Revised Notice recorded in Official Records Book 7187, Page 1712. 7. Easement in favor of Florida Power & Light Company, filed September 26, 2003, recorded in Official Records Book 15909, Page 1690, of the Public Records of Palm Beach County, Florida. 8. Easement in favor of Florida Power & Light Company, filed September 26, 2003, recorded in official Records Book 15909, Page 1692, of the Public Records of Palm Beach County, Florida. 9. Easement in favor of. Florida Power & Light Company, filed September 26, 2003, recorded in Official Records Book 15909, Page 1694, of the Public Records of Palm Beach County, Florida. 10. Easement in favor of Florida Power & Light Company, filed September 26, 2003, recorded in Official Records Book 15909, Page 1696, of the Public Records of Palm Beach County, Florida. 11. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of REGIONS TEQUESTA, recorded in Plat ' Book 111, Page 115, of the Public Records of Palm Beach County, Florida; affected by Release of Easement by BellSouth Telecommunications, Inc., f/k/a Southern Bell Telephone and Telegraph Company, and successor by merger to South Central Bell Telephone Company, d/b/a AT&T, recorded in Official Records Hook 29812, Page 288. ALTA Loan Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. THIS POLICY VALID ONLY IF SCHEDULE A IS ATTACHED Page 167 of 250 Agenda Item #13. Order No.: 10073349 Chicago Title insu"Wee Caniispany Customer Reference: ECT-1159 Policy No.: 7230709-227079086 SCHEDULE B PART I EXCEPTIONS FROM COVERAGE 12. Ordinance No. 23-17 by the Village Council of the Village of Tequesta, re: annexation, filed March 16, 2018, recorded in Official Records Book 29713, Page 1986, of the Public Records of Palm Beach County,. Florida. 13. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of PELICAN SQUARE, recorded in Plat Book 130, Page 1, of the Public Records of Palm Beach County, Florida. NOTE: All recording references in this form shall refer to the public records of Palm Beach County, Florida, unless otherwise noted. THIS POLICY DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS POLICY TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. ALTA Loan Policy (6/17/06) 4 of 5 (with Florida Modifications) Copyright American Land Title Association. AIR rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. La THIS POLICY VALID ONLY IF SCHEDULE A IS ATTACHED Page 168 of 250 Agenda Item #13. OChicago Title Insurance Company a SCHEDULE B PART II Order No.: 10073349 Customer Reference: FCT-1159 Policy No.: 7230709-227079086 In addition to matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: 1. Collateral Assignment of Leases and Rents by Mastroianni Family Headquarters, LLC, a Delaware limited liability company, in favor of Valley National Bank, a National Banking Association, dated March 18, 2022, recorded March 25, 2022 in Official Records Book 33412, Page 1758, of the Public Records of Palm Beach County, Florida. 2. Collateral Assignment of Contract Rights by Mastroianni Family Headquarters, LLC, a Delaware limited liability company, in favor of Valley National Bank, a National Banking Association, dated March 18, 2022, recorded March 25, 2022 in Official Records Book 33412, Page 1765, of the Public Records of Palm Beach County, Florida. 3. Collateral Assignment of Property Rights and Agreement Affecting Real Estate by Mastrolanni Family Headquarters, LLC, a Delaware limited liability company, in favor of Valley National Bank, a National Banking Association, dated March 18, 2022, recorded March 25, 2022 in Official Records Book 33412, Page 1773, of the Public Records of Palm Beach County, Florida. 4. UCC-1 Financing Statement recorded March 25, 2022 in Official Records Book 33412, Page 1781, of the Public Records of Palm Beach County, Florida. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting Chicago Title Insurance Company, Telephone 1-800-669-7450. ALTA Loan Policy (6/17/06) 30709 5 of 5 with Florida Modifications Copyright American Land Title Association. All rights reserved. rr The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. '-i-1 Reprinted under license from the American Land Title Association. THIS POLICY VALID ONLY IF SCHEDULE A IS ATTACHED Page 169 of 250 Agenda Item #13. Cfticxgo Tttie idsurauee C0i*411y Order No.: 10073349 ECT-1159 ENDORSEMENT SURVEY Attached to Policy No. 7230709-227079086 Issued By Chicago Title Insurance Company The Company hereby acknowledges the lands described in Schedule A are the same lands described in the survey prepared by Magelian Surveying & Mapping, Inc., under Job Number 17-262 dated December 15, 2020; however, the Company does not insure the accuracy or completeness of said survey. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: March 25, 2022 East Coast Title Group Inc. Authorized Signatory Endorsement survey Page 170 of 250 Agenda Item #13. Lu o2 E= o - °aLu 30 Lu �k � ♦ z� 0 g > P2 a 3 � ; O p Og OAi W rya Ei Eo °g _ vSE j s v No 0 ENm J - --_ oE3m �35__-____ ___ •!B fB WO do Q _ J �• q = J z z s a s y � � ao o i W 0 v p' i " - a, E p. " PROFCS`';.00• aN JJ=vaEa _ Q Q _ qg gym UJ J Z Q aww a • 2 W � W U 0 p LL a � oom zaa as w g LLa0 a a � 2 E J9ypipl55lXX$§�g�� el 4••g - �'�. € $. P I�,(@�- a ;gm F8 ��.88 .Ef �s 1 � 211 "T �� a' a � €g J$%§��I�$d��� �Ssfi �9%�� !! �S 9�11,¢. m$a 6Hl a • � 3 �" • R � � � � F 6 � R � � � � Si • x A a O � ff $ S S S� ff ff � S a ff S . S n.1 >E 2 � 0 Agenda Item #13. 01Vz „,s \ JUPITE �2k2 &91 \ 25 PG \ \ ��T 1416H�S @Psis oFS��1g51 J,jpI1ERoH P e.. 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R 8ux° l_ OO w u LLB�o E �g8° "w=E¢a y3c S ff J s95 o w LLw hwy�k i3p 2 W LL wo i�O Qa� tgpw WH x Y Q €r B O'HU waI- gg"= "� k � s<ay w��S��ww = -nu day - off= o€ m o W w_ _ � uSa $ $ ¢ ZV m>so "-G -- E3 3 E3 XMMMgao _����„wH`fiE Ww =�� wwo f__ two "€ w>w w = °p =,ggw'ogw w� y°o w wY�a ' ^ alp= °papas =g�oos fey ;Hw< :� v , w< ¢U s w„o o �w�< w w=w se = w€� � ¢ wgifi °a LLq �o� a p's�pw w g gw ozo S dw w6 O.M. s .€oyo= a ',M k w. ¢¢si _aai _°°_ € s < w 5�� S S < S� w° 8.°N E S W pQay �a� w cpGEN 3a 9�0 'a? o= 'IN�_ S= �` zg p3��° syw: ��m: goo �� �= o�w°mw_ o �Eppoyy�< > -�€ s4 UN CG°�¢" _O=w$�� w w$g 3>�� � s "pym U.—HUE €w°'uw H pVE 5; z_ z w w �orOzZw g¢o=oaooVH�¢ ws= =o=a so= 8opat's-w =m 3 - og� €fop wsoa ws�wss¢ �y=m�� y;=so= ��p�o°,j.wos=�ws w '� "w w=I � sHo= ,p g F o¢ Hw�oE3<iwzN'k=z`�po����,ow w HEMU o'1i'w �gz�w wa H°sE°oF0,arcLL�w=uw �aoEg �y;2D -¢ Wall w �w p�€offr.w= Fps MPH 0.aCo�� wy wz,- w,.<=w �cyw¢ w w a � �wFw' S¢o' �=��ow<� „< w� w % �, - - _ ° '� ��oGw �wg�': 3 ��,www>w crmrmcrwuo3s _ < F��orc'9 w ==80€ Y w5 P;� -a:w �<3E"«_€_Cw€<�� ¢Qo�yw< < = 8 0 w=to z Z 5a .'.'-�F 3w owp� =xis z° a�g who aga ew'w ����w�€ ;ws=�>s Agenda Item #13. 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H :o�Sa Mot N„doom I I I p o"g — — — —� m,o �z J--iem a - w§ I F a I g—I f—I WH_ � p u � H -- — — I -----J L 9 — — L LIII 8RiI� 3aSLl(0A a3AdtI1IllTl1055 o9IdNNNY'aYoMIOi3tlI lld6'9Y8'Nd 3Nn A9N(69 06iz w'�Lw co e) 91z'sY91 eBo) _—___—_ __—_ - _—dJ _6 (M/a on9nd 361M .wjmoo J37N1 'R ,00'06G M,8S,S4ZLS i, Ri ,`♦ bop i I I I � (a'n'M) W3N35♦'3� ' Y •�°`.Y L aL m I I I I I �ge� �3 ,I aama I osAg�- I I I R a 1 R� �aaa h i i I I I I r� I 1 I i �I °J ol O 1.9Z ° I� m I'm I.. •�� I I I vi I ,p8ag ,a n _ cW rbti Sy a I, ioaR�ll LI I_______ ______ __�< � u� ° t II e I egt3�S v I¢'♦ I $'^I � 11 I � 1 a ~^ __ __ •< - �l 4 I z 1 I.SL'9 l I I � a♦ Z 'Q m � ____ i __ I �- 1' C�i MN �3'" 6 n 8 ♦ ,00'061 BS,SfLLN -------------------' •^�� i ' IR i'S doe R (9u "od 'reel 'e'a'o) ,_L (69 '?d •CZ '9'd 1dnOo 7VNVO I 8 g �18 9i '1i3W9 ON0�39 YM'J) (M/N Jll9nd 3aM ,w) (l i l S9d 'OCl '9'd I 81 u g N nW A W jR 36WI05 NYJn3d Y) Sl i tl 59A '1Cl '8'd Ri _ \ 2 u i c 3a3A AIIWY! INN110NlSl1Y 3Nn A"IMiHlNON tt hm� g �rc m ow HIM i¢ ���za 8n � � m .e o zLL `S11 Ia gR g L---� -----1 1,1 i I3= •9rrot ___-_-� 06 W3,�sY3AN,9n— Q i xc wx mi 3LL y'zV QeY S�� °; o�n ',y I i- ��9a 8 i �Oio au8 u�e$�3 oy.�eom I I I g p J 00'061 ffi •�'s� FIAI ocro mI '4 m Cm�a 1' 31il. W? 6 m a ; Q cc�w5zdoc cB: �:�3a¢ } 0 Agenda Item #13. ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SITE PLAN REVIEW APPROVAL CASE NO.: SPR 1-21 FILED: Village of Tequesta Date: / 01 ¢ IN RE: MASTROIANNI FAMILY HEADQUARTERS LLC, OwnerTlms: Gentile, Glas, Holloway, O'Mahoney & Associates Inc., Applicant PROPERTY LOCATION: 691 N. US Highway 1, Tequesta, FL 33469 LEGAL DESCRIPTION: PELICAN SQUARE TR A K/A COMMON AREA, STORM WATER DRAINAGE, PARKING & RECREATION PARCEL CONTROL NUMBER: 60-43-40-30-64-001-0000 REQUEST: Site Plan Review to build a four (4) story, 33,274 sq. ft. office building. The application includes a landscaping plan, one (1) monument sign, and other site improvements. The address of the property is 691 N. US Highway 1, Tequesta, Florida 33469. ORDER APPROVING SITE PLAN APPLICATION This cause came on to be heard upon the above application and the Village Council of the Village of Tequesta having considered the evidence presented by the Applicant and other interested persons at a hearing called and properly noticed, and the Village Council of the Village of Tequesta being otherwise duly advised, THEREUPON, THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA FINDS FMI ; Ii) q fii�II 1. The subject property is located in the M-U (Mixed Use) Zoning District in the Village of Tequesta. 2. The Applicant has submitted all documents required by the Village's Code of Ordinances for Village Council site plan review and final action. 3. The application and all supporting documentation and presentation materials as reviewed by the Village Council at its January 13, 2022 meeting, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference. 4. According to Village Code Sec. 78-331, approval by the Village Council is required. 5. The Applicant has applied for a Site Plan Review approval to build a four (4) story, 33,274 sq. ft. office building, with a landscaping plan, one (1) monument sign, and other site improvements, all in accordance with the application and all supporting Page 1 Page 175 of 250 Agenda Item #13. documentation and presentation materials which are hereby made a part of this Order by reference as if fully set forth herein. 6. Under the provisions of the Village Code of Ordinances, the Village Council has the right, power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The application for Site Plan Review approval, Case No. SPR 1-21, to build a four (4) story, 33,274 sq. ft. office building, with landscaping plan, one (1) monument sign, and other site improvements as all described in the supporting documentation and presentation materials at the above -referenced property in the Village of Tequesta, Palm Beach County, Florida, in accordance with the application and other materials reviewed and considered by the Village Council and attached to this order as Exhibit A is hereby APPROVED. The following conditions of approval shall apply hereto: 1. It is understood and agreed by the Applicant that this special exception use approval is limited to 14,342.4 square feet of Gross Leasable Area of Professional Office Space. Any future increase to this amount of Gross Leasable Area shall require the Applicant to apply for a modification of this special exception use approval subject to Village Council approval. 2. It is further understood and agreed by the Applicant that as approved, the site contains sufficient off-street parking to permit a modification to this special exception use approval of an additional 3,300 square feet of Gross Leasable Area of Professional Office Space. In the event that more than 3,300 square feet of additional Gross Leasable Area is applied for in the future, the Applicant shall be required to obtain, in addition to a special exception use modification, accommodation for any required additional off-street parking. 3. The Applicant shall ensure that the following easements are terminated/abandoned by Florida Power & Light Company ("FPL"): a. FPL Easement (ORB 15909/1690) b. FPL Easement (ORB 15909/1692) c. FPL Easement (ORB 15909/1694) d. FPL Easement (ORB 15909/1696) Page 2 Page 176 of 250 Agenda Item #13. 4. The Applicant shall ensure that an awning is installed on the west side of the building, facing US Highway 1, to match that on the east side of the building. Please note: ■ The term Applicant(s) as used here shall include all successors and assigns. ■ The Applicant's site plan approval shall expire in twelve (12) months unless a building permit has been obtained in accordance with Sec. 78-334(h). If the building permit expires or is voided, the site plan approval also expires or becomes void. DONE AND ORDERED THIS 13 DAY OF JANUARY 2022. LORI McWILLIAMS, MMC VILLAGE CLERK Page MAYOR FRANK D'AMBRA, III, VILLAGE OF TEQUESTA Page 177 of 250 Agenda Item #13. z $ z o '� wq=off mage `t EGa sg z w a a " €< Via° <w k� F-6 <$ o a �bl € g000� N a. g8 Egg wQ �' spg<Wa = z<�� O G gam : ? ` oow °'a YAK' m i�� Rm o8h 8 a V n"`°Ewa ��,.& =_.Aa Wcy w w a �a 3< p= mF=sm< Asa j�x r in a! Nugg V °mow- w d Z.- < 8. 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