EXHIBIT "B", Page 1 of 5 This Instrument Was Prepared By: Record and Return To: Lynn Bodor I Land Records City of Boca Raton 201 Palmetto Park Road Boca Raton, Florida 33432 (Reserved) EASEMENT DEED THIS INDENTURE, made this day of, 2016 between MOUNTAIN FINANCIAL HOLDINGS, LLC, a Florida limited liability company as to an undivided 50% interest as Tenant in Common, whose mailing address is 215 North Federal Highway, Boca Raton, Florida 33432; and JAFFEY HOLDINGS, LLC, a Florida limited liability company as to an undivided 25% interest as a Tenant in Common, whose mailing address is 215 North Federal Highway, Boca Raton, Florida 33432; and 5TH AVENUE HOLDCO, LLC, a Florida limited liability company as to an undivided 25% interest as a Tenant in Common, whose mailing address is 215 North Federal Highway, Boca Raton, Florida 33432, hereinafter called the Grantor, and the CITY OF BOCA RATON, FLORIDA, a municipal corporation existing under the laws of the State of Florida, County of Palm Beach, whose mailing address is 201 West Palmetto Park Road, Boca Raton, Florida 33432, hereinafter called the Grantee: WITNESSETH : That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to them in hand paid by said Grantee, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant, bargain and sell to Grantee, its successors and assigns forever, a permanent easement and right of access for the construction and continued operation, maintenance, repair, alteration, inspection and replacement of any and all water lines and reclaimed water lines, pipes, conduits and mains, together with all valves, meters, incidental equipment, attachments and any other necessary appurtenances pertaining thereto, over, on, upon, across, under and through such of the premises belonging respectively to said Grantor, located in the City of Boca Raton, County of Palm Beach and State of Florida, described as follows: SEE EXHIBIT "A" ATTACHED TOGETHER WITH all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easement hereby granted, and all rights, privileges and appurtenances incidental thereto. Grantor represents and covenants that it is the owner of the premises and has the right, title and capacity to grant the easement granted, and Grantor shall defend Grantee against the lawful claims of all persons whomsoever. -1 -
EXHIBIT "B", Page 2 of 5 TO HAVE AND TO HOLD the easement as hereby granted to Grantee. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES: BY: MOUNTAIN FINANCIAL HOLDINGS, LLC, a Florida limited liability company as to an undivided 50% interest as Tenant in Common By: James H. Batmasian, its manager Sign: Print: Sign: Print------------- Sign:--------- Print: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) THIS INSTRUMENT was acknowledged before me this day of, 2016, by James H. Batmasian, manager, on behalf of Mountain Financial Holdings, LLC, a Florida limited liability company, who has produced as identification or who is personally known to me. Notary Public, State of Florida My Commission expires: Commission No.: -2-
EXHIBIT "8", Page 3 of 5 Signed, sealed and delivered in the presence of: WITNESSES: BY: JAFFEY HOLDINGS, LLC, a Florida limited liability company as to an undivided 25% interest as a Tenant in Common By: James H. Batmasian, its manager Sign: Print: ----------- Sign: Print ------------------- Sign:--------- Print: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) THIS INSTRUMENT was acknowledged before me this day of, 2016, by James H. Batmasian, manager, on behalf of Jaffey Holdings, LLC, a Florida limited liability company, who has produced as identification or who is personally known to me. Notary Public, State of Florida My Commission expires: Commission No.: -3-
EXHIBIT "B", Page 4 of 5 Signed, sealed and delivered in the presence of: WITNESSES: BY: 5TH AVENUE HOLDCO, LLC, a Florida limited liability company as to an undivided 25% interest as a Tenant in Common By: James H. Batmasian, its manager Sign: Print: ---------- Sign: Print------------- Sign:--------- Print: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) THIS INSTRUMENT was acknowledged before me this day of, 2016, by James H. Batmasian, manager, on behalf of 5 1 h Avenue Holdco, LLC, a Florida limited liability company, who has produced as identification or who is personally known to me. Notary Public, State of Florida My Commission expires: Commission No.: ACCEPTED AND APPROVED CITY OF BOCA RATON, FLORIDA By: Susan Haynie, Mayor Attest: ----------- Susan S. Saxton, City Clerk -4-
EXHIBIT "B", Page 5 of 5 JOINDER, CONSENT AND SUBORDINATION The undersigned hereby certifies that ------------------ is the holder of a mortgage, lien or other encumbrance upon the above-described property, and that the undersigned hereby joins in and consents to the Water Easement by the owner thereof and agrees that its mortgage, lien or other encumbrance, which is recorded in Official Records Book, Page, of the Public Records of shall be subordinated to the foregoing agreement. Signed, sealed and delivered in the presence of: By: Print Name: Name: Its: ---------------- Print Name: (CORPORATE SEAL) STATE OF---------- COUNTY OF------ ) SS: ) THIS IS TO CERTIFY, that on this day of, 201_ before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared as----------- of, who [ ] is personally known to me or [ ] produced as identification. NOTARY PUBLIC STATE OF Print Name: Commission No.: --------------- -- Commission Expires: -5-