LEASE AGREEMENT FOR THE USE OF SCHOOL FACILITIES BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY

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1 LEASE AGREEMENT FOR THE USE OF SCHOOL FACILITIES BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY THIS LEASE AGREEMENT dated this day of, 2009, by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, whose mailing address is 3661 Interstate Parkway North, Riviera Beach, Suite 200 Florida (hereinafter referred to as LESSOR ) and the THE CITY OF DELRAY BEACH, a Florida municipal corporation, whose mailing address is 100 N.W. 1 st Avenue, Delray Beach, Florida (hereinafter referred to as LESSEE ). LESSEE is desirous of leasing a portion of a certain School Board facility located on the property Old Atlantic High School, ( Property ) located at 2501 Seacrest Boulevard, Delray Beach, FL on the terms and conditions more particularly set forth as follows: 1. THE PREMISES The specific facility to be leased is the football stadium complex, including the press box building located north of the field, concession stand building located to the north of the field, restroom building located to the north of the field and south parking lot ( Premises ) (as described more fully in Exhibit A attached hereto). 2. TERM The term of this Lease shall be for twenty (20) years beginning on the date of execution of this Agreement. Rent during the term of this Lease shall be in the amount of $1.00 per year. 3. ALTERATIONS AND ADDITIONS, REPAIRS, MAINTENANCE, AND UTILITIES A. Alterations and Additions to be made by LESSEE: Alterations not listed below may be made from time to time by LESSEE, at LESSEE S own cost. All alterations shall be subject to LESSOR s approval after review of plans by LESSOR. LESSOR shall not unreasonably withhold approval of same. For purposes of this paragraph, LESSOR s Chief of Facilities Management shall be authorized to approve or reject LESSEE s alteration plans, without the need for any further approval of LESSOR s Board. The current proposed and contemplated alterations to be made by LESSEE include the following: 1) New stadium bleachers; 2) Refurbishment of the existing restroom facilities to the north of the football stadium field to bring them into compliance with current building code and accessibility requirements;

2 3) Refurbishment of the existing elevator in the press box building to the north of the football stadium field; field only. 4) Upgrade the sod and irrigation within the confines of the football The LESSEE s failure to make alterations shall not be a breach of this Lease Agreement. LESSEE covenants and agrees that nothing contained in this Lease shall be construed as consent by LESSOR to subject the estate of LESSOR to liability under the Construction Lien Law of the State of Florida, it being expressly understood that LESSOR s estate shall not be subject to such liability. LESSEE shall notify any and all parties or entities performing work or providing materials relating to any improvements made by LESSEE of this provision of this Lease. If so requested by LESSOR, LESSEE shall file a notice satisfactory to LESSOR in the Public Records of Palm Beach County, Florida stating that LESSOR s interest shall not be subject to liens for improvements made by LESSEE. In the event that a construction lien is filed in connection with any work performed by or on behalf of LESSEE, LESSEE shall satisfy such claim, or transfer same to security, within ten (10) days from the date LESSEE received notice of such filing. In the event that LESSEE fails to satisfy or transfer such claim within said ten (10) day period, LESSOR may do so and thereafter charge LESSEE, and LESSEE shall promptly pay to LESSOR upon demand, as additional rent, all costs incurred by LESSOR in connection with the satisfaction or transfer of such claim, including attorney s fees. Further, LESSEE agrees to indemnify, defend, and save LESSOR harmless from and against any damage or loss incurred by LESSOR as a result of any such construction lien. B. Alterations and Additions to be made by LESSOR: The current proposed and contemplated alterations to be made by LESSOR at LESSOR s expense include the following: 1) New baseball field, including turf, backstops, dugout, pitcher s mound, bench, etc. 2) New softball field, including turf, backstops, dugout, pitcher s mound bench, etc. Agreement. The LESSOR s failure to make alterations shall not be a breach of this C. Repairs: All maintenance and repairs shall be undertaken by LESSEE. LESSEE, or any of LESSEE S agents, shall have the right to enter the Premises during all reasonable hours to undertake such maintenance, and to make such repairs, additions, and alterations as may be necessary. D. Maintenance: LESSEE agrees to perform 100% of maintenance and to assume 100% of the costs of maintenance of the sod and irrigation on the football stadium field, 2

3 the press box building located north of the football stadium field, the restroom facility located to the north of the football stadium field, the concession stand located to the north of the football stadium, and the bleachers prior to completion of construction of the new middle school and/or the new baseball and softball fields on site. Also, upon commencement of construction of the new middle school and/or new baseball and softball fields on site, the parties shall meet again to discuss the costs of maintenance of the Property. However, if groups other than LESSEE use the Property more than a minimal amount (more than ten (10) times per year in the aggregate), then the LESSOR agrees to meet again so that the maintenance costs are appropriately proportioned for the Property. Each party to this Agreement agrees to clean up the Premises after each use by that respective party at its own expense. E. Utilities: 1) LESSEE agrees to assume 100% of costs of water for irrigation of football field, water for restrooms and concession stands, and electricity for field lighting, press box, restrooms, and concession stand, garbage pick-up. 2) LESSEE shall assume 100% of cost of installation of telephone lines in order to make the elevator in the press box operational. 3) Both LESSOR and LESSEE shall each assume 50% of the estimated Forty Thousand Dollar ($40,000.00) cost of installing new underground power lines to the Property on a reimbursable basis with LESSEE reimbursing LESSOR within thirty (30) days of request for same.. 4) LESSOR shall assume 100% of the estimated Three Thousand, Eight Hundred Seventy Dollar ($3,870.00) cost of removal of all overhead lines providing power to the Property. 5) Both LESSOR and LESSEE shall each assume 50% of the estimated Twenty Thousand Dollar ($20,000.00) cost of providing temporary power to the Property after the overhead lines are removed but before the underground lines are operational on a reimbursable basis with LESSEE reimbursing LESSOR within thirty (30) days of request for same. 6) Both parties agree that electrical power shall be available and operational on the Property at all times material to this Lease within thirty (30) days of request for same. F. LESSEE shall deliver and surrender to LESSOR possession of the Premises upon the expiration of this Lease, or its earlier termination under the terms hereof. At the expiration of the Lease, all improvements placed on the Premises by the LESSEE shall remain on the Premises. 3

4 G. LESSEE agrees, at its own cost and expense, throughout the term of this Lease, to comply promptly with all orders, rules, regulations and requirements of every kind and nature relating to compliance with the use of occupancy of the Premises, now or hereafter in force and effect, of Federal, State, School Board or other governmental authorities. LESSEE shall be responsible for obtaining all permits required prior to making any of LESSEE s alterations. 4. DEFAULT AND REMEDIES/TERMINATION A. If LESSEE defaults (a) in the payment of any item to be paid by LESSEE hereunder; or (b) in the performance of any other term, covenant, or condition of this Lease, and such default shall not have been cured within thirty (30) days after receipt of written notice thereof by LESSOR to LESSEE or in the event that such default cannot reasonably be cured within such thirty (30) day period where LESSEE has not commenced and is diligently pursuing the cure of such default; LESSOR may (i) re-enter and take possession of the Premises for the LESSEE's account; (ii) terminate this Lease; or (iii) recover damages incurred as a result of LESSEE's breach. The rights and remedies created by this Lease are cumulative, and are not intended to be exclusive. The use of one remedy under this Lease shall not be taken to exclude or waive the right or use of another, and each party shall be entitled to pursue all remedies generally available under the laws of the State of Florida. B. Either LESSOR and/or LESSEE may cancel this Lease for any reason upon thirty (30) days written notice to the other party sent in accordance with Paragraph 10 herein. In the event LESSEE vacates the Premises for a time period in excess of sixty (60) consecutive days, it shall constitute a default, and LESSOR shall have the right to terminate this Lease and retake the Premises. In the event that LESSOR terminates the Lease prior to the expiration date stated in Paragraph 2, the LESSEE shall have the right but not the obligation to remove the bleachers or any other removable fixtures installed by LESSEE. 5. USE A. The Premises shall be occupied and used solely for recreational purposes as determined by LESSEE (hereinafter Programs ), and not for any other use or operations. B. LESSEE shall have the affirmative obligation to, and LESSOR shall have no obligation to, monitor, review, and/or evaluate LESSEE s Programs, operations, equipment and/or personnel for safety, standards, compliance with laws, regulations, practices, and/or otherwise. To the extent permitted by law, LESSEE shall insure, hold harmless, and indemnify LESSOR as set forth in paragraph 6 herein including, but not limited to, any and all claims and damages related to its Programs, use and occupancy of the Property and Premises, operations, hiring practices, safety practices, compliance, standards, and practices. C. LESSEE in its use of the Property and Premises shall comply with all current School District of Palm Beach County s Policies including policies, which prohibit use, or storage of alcohol, drugs, and firearms and LESSEE agrees to cause its invitees to conform. A copy of said policies is incorporated herein by reference and may be viewed at 4

5 It shall be LESSEE s responsibility to comply with all School Board policies as they may be modified from time to time during the Lease Term. D. The following activities shall be strictly prohibited and failure of LESSEE to comply shall be grounds for termination of this Lease. i. Discrimination against any person on the basis of race, religion, national origin, age, sex or sexual orientation unless specifically exempted from compliance herewith by Federal law or Federal regulation. ii. iii. iv. Any activity in which open flames are used. Any activity involving the use of fireworks or explosives of any nature. Possession, sale, use or consumption of intoxicating beverages. v. Smoking inside any building. vi. Use of any Premises beyond the posted maximum capacity of the Premises. E. If the Premises or any portion of Property is damaged by the act of LESSEE, or of LESSEE s agents, employees, patrons, contractors, guests, invitees or any person admitted to the Premises by LESSEE, LESSEE shall pay to the LESSOR, upon demand, such sum as shall be necessary to replace, restore or repair the damage to its original condition. LESSEE hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the Premises or to any portion of the Property by the consent of LESSEE, and LESSEE agrees to have on hand for all games, at its own expense at least one (1) security guard and such additional officers as is deemed necessary to maintain order to protect persons and property. Failure to supply proper security and supervision shall result in immediate termination of this Lease. F. LESSEE shall not post or exhibit or allow to be posted or exhibited signs, advertisements, lithographs, posters or cards of any description on the Premises or any portion of Property except upon the express written permission of the LESSOR. If permission is granted for the use of such posters or cards, it shall be only for such a period of time as designated by the LESSOR. LESSEE shall not use or permit to be used any instrument that would result in the extraordinary consumption of utilities that is not customary to the primary intention of this Lease, including but not limited to klieg lights and water cannons. G. LESSEE understands and hereby specifically agrees that LESSOR does not furnish any house staff, technicians, nor provide any services, seating setups, equipment, materials, or custodians unless otherwise provided for in this Lease or requested in writing by LESSEE and approved in writing by LESSOR. 5

6 H. LESSEE shall be responsible for ascertaining whatever licenses or permits are necessary to be obtained under existing Federal, State or local laws, rules or regulations. LESSEE agrees to indemnify the LESSOR for any expenses incurred as a result of failure of said licenses or permits, including, but not limited to fines, damages collected against LESSOR or LESSOR s agents, any attorney s fees or court costs, and for any expenses incurred as a result of LESSEE s failure to otherwise satisfy any regulations. I. LESSOR agrees to make the Premises available to LESSEE in accordance with the prescribed procedure and conditions set forth herein. LESSEE may use the Premises without prior approval on the days and times herein provided: During the School Year Days Times 1. Monday through Friday 4:00 p.m. 10:00 p.m. 2. Saturday and Sunday 9:00 a.m. 6:00 p.m. Upon commencement of construction of the new middle school and/or new baseball and softball fields on site, the parties shall meet again to discuss the hours of usage by LESSEE during the School Year. During the Summer Days Times 1. Monday through Sunday 9:00 a.m. 10:00 p.m. J. Additional use of the Premises by LESSEE is allowed so long as ten (10) days advance notice is given to LESSOR in accordance with Paragraph 10 and the additional use does not conflict with any of LESSOR s programs or activities. Both parties agree to meet prior to the completion of construction of the new middle school on site in order to determine and agree on revised days and/or times of use, if necessary. LESSEE recognizes that LESSOR has granted permission for The Village Academy to utilize the Premises for recreational purposes and LESSEE agrees to work with The Village Academy to coordinate the scheduling of all games and practices so as to avoid any scheduling conflicts. If the Premises is destroyed for any reason, LESSOR agrees to permit LESSEE to continue to utilize the newly refurbished and/or replacement Premises in accordance with the terms of this Agreement. 6. INDEMNIFICATION LESSEE recognizes its liability for certain tortious acts of its agents, officers, employees, and invitees to the extent and limits provided in Section , Florida Statutes, for the period of time that LESSEE is using LESSOR s Premises provided, however, that this provision shall not be construed as a waiver of any right or defense which the LESSEE may possess, and it reserves all such rights against any and all claims that may be brought against it under this Lease Agreement. 6

7 7. ENVIRONMENTAL MATTERS A. Radon Gas Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. The LESSOR has not undertaken any independent study of the radon levels in the Premises. The above notice should not be construed or interpreted as a notice that the Premises are exposed to quantities of radon which pose a health risk. The notice is included in this Lease simply because radon disclosures are now required in all leases pursuant to Florida law. B. Hazardous Substances LESSEE acknowledges that LESSOR has disclosed that to the best of LESSOR's knowledge, certain Hazardous Materials, as hereinafter defined, are or may have been stored, used, maintained, released, or disposed of on the Property and Premises. LESSEE covenants and agrees that LESSEE shall not store, use, maintain, release, or dispose of Hazardous Materials on the Property in violation of any federal, state, or local law, ordinance, rule, or regulation to the extent permitted by Section , Florida Statutes. LESSEE shall indemnify, defend with counsel acceptable to LESSOR and hold LESSOR, The School Board of Palm Beach County, and their directors, officers, employees, invitees, and agents harmless from and against any claims, damages, costs and liabilities arising out of any Hazardous Materials on, under or about the Property which may have existed prior to or which may have occurred subsequent to the commencement of this Lease. For the purpose of this Paragraph, Hazardous Materials shall include but not be limited to asbestos as well as substances defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. sec et seq.; Hazardous Materials Transportation Act, 49 U.S.C. sec. 1802; and Resources Conservation and Recovery Act, 42 U.S.C. sec et seq.; and those substances defined as "hazardous wastes" in any applicable state statutes and in the regulations adopted and publications promulgated pursuant to said laws. Failure to comply with the conditions contained herein shall constitute a default under this Lease. LESSEE further agrees to remove, maintain, and or remediate any hazardous condition known or unknown caused in whole or in part by LESSEE, at its sole cost and expense, including but not limited to fines, liens, cost of remediation, studies, reports, and or third party claims or actions or enforcements by any state, local, federal agency with jurisdiction. 8. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The LESSEE agrees to identify to the LESSOR any disabled participants at prequalification but no later than 14 days prior to the first use of the Premises. Either the LESSEE, or the disabled individual(s) or their designee(s), will arrange to visit the site and meet with a school administrator no later than 7 days prior to the first use of the Premises. At that time, the LESSEE or the disabled individual(s) or their designee(s) will identify any accessibility issues that would interfere with the full use of the Premises and enjoyment of the planned activity. If 7

8 an accessibility issue is identified, nothing herein shall require the LESSOR to make such improvements and the LESSEE agrees to accept the Premises in its "as is" condition. Failure of the LESSEE, the disabled individual(s)or their designee(s) to identify accessibility issues or to meet the time constraints herein, signifies that the Premises accessibility is considered to be adequate by the LESSEE and/or the disabled individual(s). The LESSEE agrees to indemnify and hold LESSOR harmless from any and all matters resulting from its use of the Premises as it relates to the Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008 or the Florida Americans With Disabilities Accessibility Implementation Act including any accommodation arising from the use herein. 9. MISCELLANEOUS A. Notwithstanding anything to the contrary contained in this Lease or any other writing, proposal, grant, or document of any nature whatsoever, LESSOR is not a joint venturer or partner with LESSEE in its Programs or any other use or activity conducted by LESSEE. B. No waiver by LESSOR or LESSEE of any breach of any provision contained in this Lease shall be deemed to imply or constitute a waiver of such provision, or of any subsequent breach of the same or any other provision herein contained, including but not limited to the acceptance of Rent. No provision of this Lease shall be deemed to have been waived by LESSOR or LESSEE, unless such waiver is in writing ad signed by the party waiving the provision. C. If any clause or provision of this Lease is or becomes unenforceable or otherwise invalid, the intention of the parties hereto is that the remaining parts of this Lease shall be and remain in full force and effect. D. The respective rights and obligations hereunder shall inure to, and be binding upon, the respective distributees, legal representatives, assigns, grantees and successors in interest of LESSOR, and shall also inure to, and be binding upon, the permitted assigns and successors in interest of LESSEE. E. This Lease shall be construed in accordance with the laws of the State of Florida. Should any litigation arise from this Lease, venue shall lie in Palm Beach County, Florida. F. This Lease shall not be construed against the party who drafted the same. All parties to this Lease have obtained legal counsel of their choosing to determine the adequacy of this Lease. G. This Lease contains the entire understanding of the parties. LESSEE acknowledges that any representations, statements or negotiations made by LESSOR, its agents or employees, do not suffice to legally bind LESSOR in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized representative of LESSOR. The rights and obligations of each party pertaining to the football stadium field only as contained in the Interlocal Agreement between the School Board and City dated July 26,

9 and all amendments hereto are hereby superseded by this Lease Agreement. This Lease may not be modified except in writing executed by the authorized representative of both parties hereto, their successors and/or assigns. H. LESSEE shall not be permitted to assign or sublease the Leased Facilities nor any portion thereof without prior written LESSOR approval, and the LESSOR reserves the right to approve at its sole discretion, which approval may be unreasonably withheld. I. LESSEE further acknowledges and agrees that LESSOR may lease portions of the Property other than the Premises to third parties from time to time in LESSOR s sole discretion as to location, use, and occupancy. J. The captions herein are for convenience only and shall have no substantive meaning. K. Both LESSOR and LESSEE shall each assume 50% of the estimated engineering costs of Five Thousand, Three Hundred Fifty Dollars ($5,350.00) on a reimbursable basis with LESSEE reimbursing LESSOR within thirty (30) days of request for same. L. Both LESSOR and LESSEE shall each assume 50% of the Property Survey costs of Three Thousand, Nine Hundred Dollars ($3,900.00) on a reimbursable basis with LESSOR reimbursing LESSEE within thirty (30) days of request for same. 10. NOTICES Any notice given pursuant to the terms of this Lease shall be in writing and handdelivered or sent certified mail return receipt requested. All notices shall be addressed to the following: As to Lessor: With copies to: School Board of Palm Beach County Office of Chief Counsel 3300 Forest Hill Boulevard West Palm Beach, FL Chief of Facilities Management 3300 Forest Hill Boulevard West Palm Beach, FL

10 As to LESSEE: With copies to: City of Delray Beach Susan A. Ruby, City Attorney 200 N.W. 1 st Avenue Delray Beach, FL Linda Karch, Director of Parks and Recreation City of Delray Beach 50 N.W. 1 st Avenue Delray Beach, FL DISPUTE RESOLUTION In the event an issue arises which cannot be resolved between the Board s Chief of Facilities Management and the City s Director of Parks and Recreation regarding a matter contained within this Lease, the dispute shall be referred to the Board s Chief Operating Officer and the City s City Manager who shall both make a good faith effort to resolve the dispute. 10

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13 1 LEGAL DESCRIPTION: PARCEL I (HILLTOPPER STADIUM) A PARCEL OF LAND LYING WlTHlN THE SOUTHWEST ONE-QUARTER (SW 114) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT "A" COMMENCE AT THE SOUTHEAST CORNER OF THE PLAT OF DE CARlE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24 AT PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAlD CORNER LYING ON THE WESTERLY RlGHT OF WAY LlNE OF THE FLORIDA EAST COAST RAILROAD; THENCE S07"48'11"W ALONG SAlD WESTERLY RAILROAD RlGHT OF WAY FOR A DISTANCE OF FEET TO THE POlNT OF BEGINNING; THENCE CONTINLIE S07"48'11"W ALONG SAlD WESTERLY RAILROAD RlGHT OF WAY FOR A DISTANCE OF FEET TO A POlNT ON THE NORTH LlNE OF THE PLAT OF SEACREST PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24 AT PAGE 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING FROM SAlD RAILROAD RlGHT OF WAY S89"15'15"W ALONG THE NORTH LlNE OF THE SAlD PLAT OF SEACREST PARK FOR A DISTANCE OF FEET; THENCE DEPARTING FROM THE NORTH LlNE OF SAlD PLAT N02"31'00"W FOR FEET; THENCE N03"36'19"W FOR FEET; THENCE N88O11'55"E FOR FEET; THENCE N0Oo58'01"W FOR FEET; THENCE N8go33'07"E FOR FEET; THENCE N43O35'42"E FOR FEET; THENCE N01"01'17"W FOR FEET; THENCE N88"3g125"E FOR FEET; THENCE N0I059'25"E FOR 6.62 FEET; THENCE N86O42'23"E FOR FEET; THENCE S0Oo44'15"E FOR FEET; THENCE N89"13'05"E FOR FEET; THENCE S0Oo43'55"E FOR FEET; THENCE N89"16'05"E FOR FEET; THENCE S00 43'55"E FOR FEET; THENCE N89"16'05"E FOR FEET; THENCE S0O043'55"E FOR FEET; THENCE N89"16'05"E FOR FEET TO THE POlNT OF BEGINNING. SAlD LANDS SITUATE WlTHlN THE ClTY OF DELRAY BEACH, PALM BEACH COLINTY, FLORIDA. CONTAINING 6.02 ACRES OF LAND, MORE OR LESS. AND I LEGAL DESCRIPTION: PARCEL 2 (PARKING AREA) A PARCEL OF LAND LYING WlTHlN THE SOUTHWEST ONE-QUARTER (SW %) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE PLAT OF DE CARlE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24 AT PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAlD CORNER LYING ON THE WESTERLY RlGHT OF WAY LlNE OF THE FLORIDA EAST COAST RAILROAD; THENCE S07"48'11"W ALONG SAlD WESTERLY RAILROAD RlGHT OF WAY FOR A DISTANCE OF FEET TO A POlNT ON THE NORTH LINE OF THE PLAT OF SEACREST PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24 AT PAGE 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING FROM SAlD RAILROAD RlGHT OF WAY S89"I 5'15"W ALONG THE NORTH LlNE OF THE SAlD PLAT OF SEACREST PARK FOR A DISTANCE OF FEET TO THE POlNT OF BEGINNING; THENCE CONTINUE S89"15'15"W ALONG THE NORTH LlNE OF THE SAlD PLAT OF SEACREST PARK AND THE WESTERLY EXTENSION THEREOF FOR A DISTANCE OF FEET TO A POlNT ON THE EAST RlGHT OF WAY LlNE OF SEACREST BOULEVARD; THENCE N0I005'18"W ALONG THE EAST RlGHT OF WAY LlNE OF SEACREST BOULEVARD FOR A DISTANCE OF FEET; THENCE DEPARTING FROM THE EAST RlGHT OF WAY LlNE OF SEACREST BOULEVARD N88"03'08"E FOR A DISTANCE OF FEET; THENCE N78O24'25"E FOR FEET; THENCE S78O19'23"E FOR FEET; THENCE N88O36'35"E FOR FEET; THENCE S32"40113"E FOR FEET; THENCE N89"15'2IwE FOR FEET; THENCE N83O49'16"E FOR FEET; THENCE N7g046'54"E FOR FEET; THENCE N63"51'04"E FOR FEET; THENCE S54O34'58"E FOR FEET; THENCE N45"00'21"E FOR FEET; THENCE N36"37'23"E FOR FEET; THENCE N89"52'06E FOR FEET; THENCE N0Oo55'55"W FOR FEET; THENCE N8go22'58E FOR FEET; THENCE S02"31'00"E FOR FEET TO THE POlNT OF BEGINNING. SAlD LANDS SITUATE WlTHlN THE ClTY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 1.92 ACRES OF LAND, MORE OR LESS.