TEMPORARY ACCESS/UTILITY EASEMENT AGREEMENT

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1 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida TEMPORARY ACCESS/UTILITY EASEMENT AGREEMENT THIS TEMPORARY ACCESS/UTILITY EASEMENT AGREEMENT (the Agreement ), made this day of, 2013, by and between MORSE OPERATIONS, INC., a Florida corporation, with a mailing address of 2850 South Federal Highway, Delray Beach, Florida 33483, ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY"): RECITALS: WHEREAS, OWNER is the fee simple owner of land within the CITY as more specifically set forth in the legal description attached hereto as Exhibit A (the Property ); and WHEREAS, OWNER has entered into an agreement to sell the Property to DBVT Development, LLC, a Florida limited liability company, for the relocation and redevelopment of the Delray Honda dealership on the Property (the Project ); and WHEREAS, OWNER has obtained approval from CITY via Resolution to abandon the existing rights-of-way known as Avenue F (aka Fladell Way ) as more fully described in the sketch attached hereto as Exhibit B and Avenue G (aka Transportation Lane ) as more fully described in the sketch attached hereto as Exhibit C in order to allow DBVT Development, LLC to develop the Project; and WHEREAS, DBVT Development, LLC intends to remove and/or relocate the existing utilities within the rights-of-way of Avenue F and Avenue G in order to develop the Project; and WHEREAS, OWNER intends to forever convey to DBVT Development, LLC by separate legal instrument any and all legal and equitable interests which OWNER may obtain as a result of the abandonment of Avenue F and Avenue G to DBVT Development, LLC; and WHEREAS, OWNER intends to maintain ownership of the real property adjacent to Avenue F with an address of 2700 S. Federal Highway, Delray Beach, Florida/Parcel Control Number , as depicted on a map from the Palm Beach County Property Appraiser s Office, attached hereto as Exhibit D (the Retained Parcel ); and WHEREAS, OWNER, by execution of this Agreement, has elected to relinquish any and all legal and equitable interests OWNER may have in existing access points between the Retained Parcel and Avenue F ; and WHEREAS, DBVT Development, LLC intends to dedicate via plat new utility easement locations to serve the Project; and

2 Access Easement Agreement Page 2 of 8 WHEREAS, as a condition of CITY s approval of Resolution 35-13, CITY has required OWNER to enter into this Agreement; and WHEREAS, CITY agrees this Agreement shall automatically terminate at such time as a letter has been issued by the City Engineer indicating that all of the utilities located within the right-of-ways of Avenue F and Avenue G have been removed. NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. OWNER hereby adopts and reaffirms the Recitals set forth above as if each were set forth below and makes same a part of this Agreement. 2. OWNER hereby grants to CITY a non-exclusive easement for ingress and egress to enter upon, across, over and under the property described in Exhibit "B" and Exhibit C, attached hereto, ("the Easement Property") for the purpose of access as well as the repair and maintenance of any utilities set forth therein. The parties hereby agree that the OWNER shall be responsible for the maintenance, replacement and repair of the Easement Property herein until termination occurs as set forth in Paragraph The parties agree that this Agreement shall be recorded in the Public Records of Palm Beach County, Florida. The rights and obligations granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the Property described in Exhibit "A". 4. This Agreement shall automatically terminate upon the occurrence of either: (a) the issuance of a letter by the City Engineer providing that all utilities located within the rights-of-way of Avenue F and Avenue G have been removed (said letter will not be issued until approved documentation, as determined by the City Engineer, has been submitted from each utility company indicating that its utilities have been removed); or (b) failure of the Project to be substantially completed within two (2) years of the adoption of Resolution 35-13, approving the abandonment of Avenue F and the abandonment of Avenue G, respectively, upon which failure the City has elected to cause Avenue F and Avenue G to revert back to the City as set forth in Resolution For purposes of this Agreement, the term substantially completed shall have the same meaning as set forth in the City of Delray Beach Land Development Regulation Section 2.4.4(D), Establishment of Project. In the event the rights-of-way revert back to the City, they shall be in substantially the same form as they currently exist. The OWNER shall provide a bond to the CITY in an amount as determined by the City Engineer to cover the expense of re-constructing the rights-of-way if they revert back to the CITY. Such bond shall be delivered to the CITY prior to the granting of any permits for demolition or construction that would impact the rights-of-way and shall be returned to OWNER upon the substantial completion of the project.

3 Access Easement Agreement Page 3 of 8 IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in the presence of: (Name printed or typed) (Name printed or typed) MORSE OPERATIONS, INC., By: Edward J. Morse, Jr., President STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of, 2013 by Edward J. Morse, Jr. as President of MORSE OPERATIONS, INC., who is personally known to me or who has produced as identification. Signature of Notary Public State of Florida ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: CARY GLICKSTEIN, MAYOR Approved as to Form: City Attorney

4 EXHIBIT A LEGAL DESCRIPTION (THE PROPERTY) Parcel 1: A parcel of land in Palm Beach County, Florida, being a part of the plat of DEL-RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida and being described as follows: Lots 28, 29, 30, 31 and 32, Less the East 2.00 feet thereof, Block 14, DEL-RATON PARK; Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, Block 14, DEL-RATON PARK, together with that portion of the 10 foot alley right-of-way bounded on the West by Lot 33 and on the East by Lots 28 through 32 inclusive; on the North by Avenue F and on the South by an abandoned alley, Block 14, DEL-RATON PARK, according to the Plat thereof as recorded in Plat Book 14, Page 9, of the Public Records of Palm Beach County, Florida as abandoned by Resolution No. R recorded in Official Records Book 4111, Page 836 and together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach, County, as more fully described in that certain Palm Beach County Resolution No. R , recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 2 Lots 11 through 16 inclusive, Block 14, DEL-RATON PARK, according to the Plat thereof on file in the office of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 9, Less the Southernmost five feet thereof, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County as more fully described in that certain Palm Beach County Resolution No. R , recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 3: Lots 23 through 27, inclusive, less the East 2 feet and less the Southernmost 5 feet of Lot 23 and Lots 17 through 22, inclusive, Less the Southernmost 5 feet, all in Block 14, DEL-RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County, as more fully described in that certain Palm Beach County Resolution No. R , recorded December 16, 1983 in Official Records Book 4111, Page 839, of the Public Records of Palm Beach County, Florida. Parcel 4: PLAT OF AIDEN, LESS the West 50 feet thereof (marked as Additional Right-of-Way for Old Dixie Highway) and LESS the South 25 feet of the East 65 feet of the West 115 feet thereof, according to the plat thereof, as recorded in Plat Book 29, Page 211, of the Public Records of Palm Beach County, Florida. ALSO LESS and EXCEPT that portion thereof deeded to the City of Delray Beach, Florida by Right-of-Way Deeds recorded in Official Records Book 17134, Page 1024 and Official Records Book 17134, Page 1033, Public Records of Palm Beach County, Florida, described as follows: A portion of the PLAT OF AIDEN, according to the Plat thereof, as recorded in Plat Book 29, Page 211, Public Records of Palm Beach County, Florida, being more particularly described as follows:

5 Commence at the Southwest corner of said PLAT OF AIDEN; thence North 90 degrees 00'00" East, on an assumed bearing along the South line of said Plat, a distance of feet to the Point of Beginning; thence continue North 90 degrees 00'00" East, along said South line, a distance of feet; thence North 00 degrees 00'00" East, continuing along the boundary of said PLAT OF AIDEN, a distance of feet; thence North 90 degrees 00'00" West, a distance of feet; thence South 00 degrees 00'00" East, a distance of feet to the South line of said Plat and the Point of Beginning. Parcel 5: Intentionally deleted. Parcel 6: Lot 1 of MORSE-LAMAT PLAT recorded in Plat Book 112, Page 139, Public Records of Palm Beach County, Florida.

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8 EXHIBIT D