‘This instrument was prepared by: oo, : ab Alan J. Ciklin, Esq. a John C. Randolph, Esq. Paul Rampell, Esq. 1993 418m P3—-AIOS42 OR FOSS 22 Please rpord and return to: | iti ankef a es eran es aul Rampell, Esq. 125 Worth Avenue Suite 202 Palm Beach, FL 33480 DECLARATION OF USE AGREEMENT by ‘THE TOWN OF PALM BEACH, ‘THE MAR-A-LAGO CLUB, IN' and DONALD J. TRUMP Dated: bse CO_, 1993ORB TABLE OF CONTENTS ARTICLE I Representation of Ownership ARTICLE II Club Use ARTICLE II Unity of Title ARTICLE 1V Building Codes, Fire Protection and Utilities ARTICLE V Principles of Preservation and Critical Features ARTICLE VI Mitigation/North Boundary ARTICLE VIL Club Membership Limitations ARTICLE VIII Traffic/Special Events ARTICLE IX Liability and Abandonment of Club Use ARTICLE X Reimbursement for Special Studies/Monitoring ARTICLE XI Remedies for Violation ARTICLE XI Provisions to Run with Land/Recording ARTICLE XIII Entire Agreement ARTICLE XIV Miscellaneous 7ISS Pa 2 Page No. 3ORB Acknowledgements Consent and Joinder of Mortgagee Exhibit "B" Exhibit "C" TIA Pa 10 13 14 15 17 24ORE FPSB Ps 25 DECLARATION OF USE AGREEMENT THJS DECLARATION OF USE AGREEMENT is made and entered into this Lelh say of Lopes Zz , 1993 by and between the TOWN OF PALM BEACH, a Florida municipat corporation, 360 South County Road, Palm Beach, Florida 33480 (hereinafter called the "Town"); and THE MAR-A-LAGO CLUB, INC., a Florida corporation, c/o Paul Rampell, Esquire, 125 Worth Avenue, Palm Beach, Florida 33480 (hereinafter called the "Club"); and DONALD J. TRUMP, 725 Fifth Avenue, New York, New York 10022 (hereinafter called "Owner"), which terms Town, Club, and Owner will include and bind the successors and assigns of the parties, wherever the contact so requires or admits. WITNESSETH: WHEREAS, the land described in Exhibit "A" attached hereto and made a part hereof, together with improvements thereon (hereinafter referred to as the "Land") and known as Mar-a-Lago, is located within the municipal limits of the Town; WHEREAS, Mar-a-Lago is unique and no other property in Palm Beach is like it in any way; WHEREAS, the Land is owned by the Owner, and the Owner shall convey title to the Land to the Club; WHEREAS, the Land is zoned RAA-Large Estate Residential and RA-Estate Residential and private social clubs are allowable Special Exception Uses within such zoning categories, subject to the approval of the Town Council; WHEREAS, the Town has approved a Special Exception use for the Land as a private social club subject to the conditions set forth herein and on the basis that the approval of the Special Exception, in compliance with said conditions, will not be adverse to the public interest; WHEREAS, the Town has approved the site plan for the Special Exception on the basis of the specific finding of the Town Council that said site plan meets the requirements of the Town's Code of Ordinances relating to same; WHEREAS, in approving the Special Exception and site plan, the conditions of approval reflected herein are imposed in order Wo regulate the use and mitigate any impacts of the Club, as well as to insure that said use shall not be adverse to the public interest; and WHEREAS, all of the representations made herein are true and accurate and the granting of the Special Exception and site plan review are conditioned upon the representations made herein and all of the conditions herein imposed. NOW THEREFORE, in consideration of the mutual promises set forth herein, it is agreed as follows:ORB TOSS Pa 26 ARTICLE I REPRESENTATION OF OWNERSHIP Owner is the fee simple title holder of the property described in Exhibit "A" attached hereto, is in sole possession of the property, and has full right to enter into this Agreement and to bind the property and himself to the terms hereof. Owner's interest is subject only to mortgages of record and all holders of said mortgages, by execution hereof, hereby consent to the terms and conditions of this Agreement as evidenced by their signatures hereto. There are no covenants, restrictions or reservations of record that will prevent the use of the property as a club in accordance with the terms and conditions of this Agreement. No consent to execution, delivery and performance hereunder is required from any person, partner, limited partner, creditor, investor, judicial or administrative body, governmental authority or other party other than any such consent which already has been unconditionally given or referenced herein. Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby will violate any restriction, court order or agreement to which Owner or the real property is subject. ARTICLE I CLUB USE The use of the Land shall be for a private social club in compliance with all of the information and exhibits included in the application not inconsistent with the terms set forth herein, and subject to such uses not inconsistent with the terms set forth herein, set forth in the Application for Special Exception No. 11-93 and The Mar-a-Lago Club:_A Special Exception Use and Preservation Plan, as amended (hereinafter referred to as the "Plan" as submitted to the Town. Any usages not specifically set forth in the Plan (including, without limitation, docks, cabanas, gambling, helicopter operations or landings, animal circuses, and commercial or quasi- ‘commercial uses) are excluded from the Town’s approval of the Plan pursuant to that provision of the Town Code which provides that no subsequent deviation may be made from the application as approved by the Town Council except upon new application to and approval by the Town Council. Chapters 2, 3, 5, 6, 10 and 11 of the Plan are adopted herein by reference and made a part of this Agreement. Any additional uses of the Land shall be subject to approval by the applicable governmental authority including but not limited to the Town Council of the Town, the Landmarks Preservation Commission of the Town, the Architectural Review Commission of the Town, Palm Beach County, the State of Florida, the United States Government, and/or any agencies under any of the foregoing governmental authorities. The guest suites as set forth in the Plan shall be limited to the use of Club members, shall be limited to ten (10) in number, shall not be open to the public, and shall not be advertised. No kitchen or other food preparation facilities shall be allowed in any of the guest suites. The use of guest suites shall be limited to a maximum of three (3) non-consecutive seven (7) day periods by any one member during the year. The operations of the Club shall not result in a nuisance to any of the neighboring properties.ORB 7PAS Ps 27 Club facilities may be used only by members and guests of the Club. Photography at the Club shall be conducted in a manner consistent with the rules and regulations governing other clubs in the Town, This shall include but not be limited to the prohibition of film making, movie producing, magazine feature photography, newspaper photography, photography for public relations purposes for individual members and/or guests and other commercial photography and the like. ARTICLE It UNITY OF TITLE ‘The Land, as described herein, shall be considered as one (1) parcel and no portion thereof may be sold, transferred, devised or assigned except in its entirety, either voluntarily or involuntarily, by operation of law or otherwise. This provision shall not preclude the dedication of right-of-way for road improvements required by governmental authority. No portion of the Land or structures thereon shall be condominiumized or changed to a cooperative form of ownership. This provision shall survive the use of the property as a club and shall apply to any subsequent use of the property. ARTICLE IV BUILDING CODES, FIRE PROTECTION AND UTILITIES ‘The Owner and the Club hereby grant and convey to the Town an easement over the Land in order to have access to the real property described in Exhibit "B" for the purpose of operating and maintaining a sewage pump station and force main located thereon, and for any other governmental purpose related thereto The existing sewage overflow (manually valved) shall be eliminated by the Owner at the Owner's expense. The Town and the Owner shall calculate the sewage generation utilizing generally accepted engineering methodology. If it is reasonably determined by the Town engineer that the existing pump station needs to be upgraded or replaced, it shall be upgraded or replaced by the Owner. The air-conditioning condensate presently discharging into the sanitary sewer system shall be rerouted by the Owner into the storm sewer system Exfiltration trenches subject to approval by the Town engineer shall be constructed along a portion of the perimeter of the Phase B parking area as depicted in the Plan, and intermittently along the soil stabilized cart path to dispose of any increase in stormwater runoff from those improvements. ‘The existing tunnel to the beach area shall be evaluated for structural soundness by a Florida registered engineer and shall be improved as required. Owner and Club shall save,ORB. 7PSS Pa 28 defend and hold the Town, its officers, agents, representatives and employees, harmless from any and all claims which may arise as a result of the presence or use of the tunnel. All applicable building, fire, and life safety codes shall be complied with prior to the commencement of Club operations. The Owner shall install an onsite fire hydrant as required by the Standard Fire Prevention Code. The Owner shall install an approved fire detection and extinguishing system, All conditions herein are required to be met prior to commencement of Club operations and prior to the issuance of a Certificate of Occupancy for operation of a Club use. ARTICLE V PRU F PRESERVATION AND CRITICAL FEATURES IPL ‘The principles of preservation and critical features specifically described in Chapters 2 and 3 of the Plan as amended shall be binding on the Owner and the Club and shall be enforceable in accordance with the terms of this Agreement. Prior to any changes to the ‘grounds or exterior of the buildings, the Owner and/or the Club shall obtain a Certificate of Appropriateness from the Landmarks Preservation Commission prior to issuance of any permits. ‘The outdoor loggia shall not be structurally enclosed. ARTICLE VI MITIGATION/NORTH BOUNDARY The Owner shall install a solid masonry wall and landscaping along the Northern perimeter of the Land to serve as a noise and light buffer for the residents of Woodbridge Road, according to the specifications attached hereto and made a part hereof as Exhibit "C". Owner shall post surety in the amount of One Hundred Thirty-Five Percent (135%) of the cost of the improvements to be installed, The amount of the surety shall be provided through cost estimates from the Owner and shall be subject to approval by the Town. ‘The mitigation set forth herein shall be completed prior to commencement of Club operations and prior to issuance of the Certificate of Occupancy for Club use. No additional lighting shall be installed in the parking area bordering the Northern boundary, and no accumulation of kitchen refuse shall be allowed to be held in this area. ARTICLE Vit CLUB MEMBERSHIP LIMITATIONS At least fifty percent (50%) of the members of the Club shall consist of individuals ‘who maintain residences in the Town of Palm Beach or have places of employment in the Town of Palm Beach. An affidavit verifying this fact, and the guest suite occupancy interval and frequency limitations, and compliance with Article IX relating to establishment of the fiduciaryORB 7FO3BZ Ps 29 account, shall be filed with the Town on an annual basis on or before a date each year which coincides with the date the Certificate of Occupancy is issued to the Club. The membership in the Club shall be limited to five hundred members; provided, however, such number may be adjusted in the reasonable discretion of the Town, In the event the trip generation limitation set forth in Article VIII is reached, membership at that time shall be frozen until measures are taken to reduce daily trips. ‘The Club shall not discriminate against any prospective member on the basis of race, color, religion, gender, national origin, handicap, age, or marital status. All Club facilities such as dining, tennis and golf shall require advance reservations. ‘The Owners of Woodbridge Road residences shall have guest privileges at the Club without having to pay membership initiation fees; provided, however, they shall not be permitted to park on the Land while exercising their guest privileges. ‘The foregoing shall run in perpetuity with the land of the Woodbridge Road residences. ARTICLE VIII TRAFFIC/SPECIAL EVENTS The total trip generation of the Club shall be limited to three hundred thirteen (313) daily trips based on an annual average of daily trips of the Club. Traffic monitoring by a method approved by the Town for the Club shall be performed by the Club on a daily basis and shall be available to the Town upon request. Monitoring devices approved by the Town shall be in place prior to issuance of a Certificate of Occupancy. ‘The results of the monitoring during the first and third quarters of each year shall be averaged to determine the average annual daily trips of the Club. The Club shall reimburse the Town for the reasonable expense incurred by the ‘Town’s traffic consultant in reviewing the monitoring results. ‘The monitoring results shall be supplied to the Town and the Palm Beach County Traffic Division to assure compliance. The Club shall install, prior to commencement of Club operations and prior to issuance of a Certificate of Occupancy for Club use, a northbound left-turn storage lane to serve ‘the Club’s entrance drive on Ocean Boulevard, subject to obtaining a permit from the Florida Department of Transportation. The Town, Owner, and Club jointly shall obtain such permit at the sole expense of the Owner and the Club, and the Owner and Club shall hold the Town harmless from any liability caused by the initial design and construction of the turn lane. If, after the Club is opened it is reasonably determined by the Chief of Police in consultation with the Town’s traffic consultant that a southbound right turn lane is necessary, the Owner and/or Club and the Town shall use their best efforts to obtain a permit and to install such right turn lane. The Club shall utilize a shuttle van to transport approximately forty percent (40%)OR. 79333 30 of the Club’s staff to assist in complying with the three hundred thirteen (313) daily trip limitation on an average annual basis. Dining area seating shall be limited to seventy-five (75) seats. Special events shall be limited to three hundred ninety (390) individuals and shall occur strictly on weekends or after 6:00 p.m, on week days. At no time shall more than one (1) special event occur at the same time at the Club. Special events at the Club shall be coordinated with special events at the Bath and Tennis Club so that special events at the two (2) clubs scheduled on the same day shall commence at least one (1) hour apart, so that the overlap of peak traffic during special events is reasonably avoided. ‘Tents may only be used for special events upon approval of the Town Building and Zoning Director after presentation of satisfactory assurance that the attendance limitations will not be exceeded. Site ingress and egress shall be as proposed in the Plan. The exis entrance on Ocean Boulevard shall be used as an entrance only for both regular activities and special events at the Club; two (2) lanes of ingress shall exist on this entrance drive inside the gate. The existing service access on Ocean Boulevard shall be used as an exit only for both such regular activities and special events; two (2) lanes of egress shall exist on this exit drive inside the gate. A gate West of the existing Southern Boulevard gate shall be provided prior to commencement of Club operations and receipt of an occupational license for Club use, and shall be aesthetically identical to the existing gate, and the Owner and Club shall hold the Town harmless from any liability caused by the initial design and construction of the gate and driveway connection to Southern Boulevard. The new Southern Boulevard gate shall serve as the primary entry and exit for staff and service vehicles. During special events the new Southern Boulevard gale may be used by members and guests for exiting if deemed necessary. Valet parking services shall be used at all times for all club events. Town of Palm Beach off-duty police shall be engaged to supervise traffic at all special events, Parking shall ‘occur only in those areas so identified in the Plan and shall provide two hundred fifty-two (252) spaces. Any grass areas to be used for parking as well as the existing cart path shall be stabilized with "grass-crete" or an equivalent treatment, Said cart path shall be eighteen (18) feet in width. ARTICLE IX LIABILITY AND ABANDONMENT OF CLUB USE Until the Club operates at a break-even point, or profitability for three (3) consecutive years, the Owner shall pay any and all real estate taxes, maintenance costs, insurance premiums, and similar expenses to the extent the Club is unable to meet such obligations. ‘A separate fiduciary account shall be established by the Club into which ten percent (10%) of all gross revenues from the guest suites shall be deposited and used exclusively for maintenance and restoration purposes.ORE 7793S Ps 34 If the Club use is unintentionally abandoned for a period of one (1) year after the Club has been in operation, or is intentionally abandoned at any time, the use of the Land shall revert to a single family residence and the ownership of the Owner. Bylaws and or documents relating to the Club membership shall include an agreement to be executed by Club members acknowledging their understanding of and consent to the terms of this agreement, and specifically agreeing to the reversion of the Land to Owner, and its return of the Land to use as a single family residence, in the event of intentional or unintentional abandonment of the Club use. Owner, Club, and Club members shall agree to hold the Town harmless from any liability or claim against the Town resulting from the enforcement of the terms of this Agreement, the reversion to single family use, the reversion to Owner or any other claims resulting therefrom. Additionally, the three (3) paragraphs set forth above shall be set forth in the Articles of Incorporation of the Club and said provisions of the Articles shall not be amended without consent of the Town. ARTICLE X REIMBURSEMENT FOR SPECIAL STUDIES/MONITORING ‘The Owner or Club shall reimburse the Town for any reasonable costs incurred by the Town’s consultants in their review of monitoring in compliance with the conditions set forth herein and the reasonable costs associated with the review of the Application. ARTICLE XI REMEDIES FOR VIOLATION ‘The Town shall have all remedies available at law and equity in order to enforce the terms of this Agreement including but not limited to (a) the Town’s code enforcement procedures of the Code of Ordinances through the Code Inspector, Code Enforcement Officer, and Code Enforcement Board; and (b) the Town may initiate action to revoke the Club’s occupational license pursuant to applicable provisions of the Town Code, and (c) all remedies otherwise offered in the Town’s Code of Ordinances; and (d) injunction, specific performance, and any and all other equitable relief through the civil courts in and for Palm Beach County for the State of Florida. In the event the Town is required to seek injunctive relief, it shall not be required to post bond and it shall not be required to demonstrate irreparable harm or injury to secure an injunction to enforce the terms of this Agreement. Additionally, in the event of any breach, default or non performance of this Agreement, or any of its covenants, agreements, terms or conditions, the Town shall be entitled to recover its costs, expenses and reasonable attorneys? fees insofar as the Town prevails, either before or as a result of litigation, including appeals.ORE 7H3Z ps 32 ARTICLE XI PROVISIONS TO RUN WITH LAND/RECORDII This Agreement shall run with the Land and shall be binding upon the Owner, the Club, and their respective heirs, legal representatives, successors and assigns. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida upon full execution by the parties hereto. ARTICLE XIII ENTIRE AGREEMENT This Agreement represents the entire agreement between the parties as to its subject matter and it may not be amended except by written agreement executed by both parties. ARTICLE XIV MISCELLANEOUS ‘Wherever the word "laws" appears in this Agreement it shall be deemed to include all ordinances, rules and regulations as well as laws of the appropriate governmental authorities. This Agreement may not be amended except by written instrument signed by all parties hereto. Paragraph headings are inserted for convenience only and shall not be read to enlarge, construe, restrict or modify the provisions hereof. All references to numbered or lettered paragraphs, subparagraphs and exhibits refer (unless the context indicates otherwise) to paragraphs and subparagraphs of this Agreement and to exhibits attached hereto, which exhibits are by this reference made a part hereof. This Agreement shall be binding upon the parties hereto and upon their successors, assigns, heirs and personal representatives. In the event of the invalidity of any provision of this Agreement, same shall be deemed stricken herefrom and this Agreement shall continue in full force and effect as if such invalid provision were never a part hereof. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.8 7933s 33 IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first written above Signed, sealed and delivered in the presence of: vil PALM REACH By: > foun, ar » OL, President Z fa CaaalhzLathage By: piste OC jonald J. TrumpORB 79IS Pa 34 STATE OF FLORIDA COUNTY OF PALM BEACH ‘The foregoing instrument was acknowledged before me this /4_ day of , 1993, by Paul R. Ilyinsky, the Mayor of The Town of Palm Beach, a Florida ipal corporation, on behalf of the corporation. He is personally known to me or has prodticed Florida Driver's License Number as identification and who did not take an oath. 4 ee. te of Notary Ps aace '. TETERS Printed Name of Notary Public CCG 1a 3 Commission No.: Commission Expires: STATE OF FLORIDA. ee COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 74 day of » 1993, by M. William Weinberg, the President of The Town of Palm ida municipal corporation, on behalf of the corporation. He is personally known to me or has produced Florida Driver’s License Number —— as identification and who did not take an oath. re of Notary F Hae ( Lote Printed Name of Notary Public CCAG 123) Commission Expires: ‘Commission No.. 10OR FOSSP 4S STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this / day of aa home 1993, by Robert J. Doney, the Town Manager of The Town of Palm Beach, a Worida municipal corporation, on behalf of the corporation. He is personally known to me or has produced Florida Driver’s License Number as identification and who did not take an oath. Casc6e | - (ETERS Printed Name of Notary Public CommissionNo: _CCRG 1237 Commission Expires: STATE OF _ wd Uoek | COUNTY OF __Oeu Uk ‘The foregoing instrument was acknowledged before me this S\S° day of aan , 1993, by Donald J. Trump, President of The Mar-a-Lago Club, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced hu Driver’s License Number “f- as identification and who did not take an oath. Wa, Commission Expires: Y2O/3 NORMA |FOERDERER Notary Public, Sze nf New Yor No. 31-4743404 i Qualified in New York Commission ExpireORR 7793S Pa 36 STATE OF _\ooso t fork COUNTY OF __noeus Cferek __ ‘The foregoing instrument was acknowledged before me this aS day of &. {<4 ___, 1993, by Donald J. Trump, who is personally known to me or hes produc hep Driver’s License Numbs : 446 as identification and who did not take an oath, ‘Signature of Notary Public ——Berms. T. Foexchaxes Printed Name of Notary Public NORMA | Notary Pubic, Start oe sw omnes ‘ Commission Expires Sept: APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE TOWN OF PALM BEACH 12. ORB” 7793S Ps 37 CONSENT AND JOINDER OF MORTGAGEE The below referenced Mortgagee hereby consent to the Declaration of Use Agreement and its recordation, MORTGAGEE By: STATE OF COUNTY OF ‘The foregoing instrument was acknowledged: before me this day of 1993, by of ‘on behalf of the is personally known to me or has produced Driver’sLicenseNumber as identification and who did not take an oath. Signature of Notary Public Printed Name of Notary Public Commission No.: Commission PxpiresORB 79BT Ps a8 EXHIBIT "A" Being all that part of the North 610.00 feet of the South 1170.00 feet of Government Lot 2 of Section 35, Township 43, South, Range 43 East, in the Town of Palm Beach, Palm Beach County, Florida, lying West of Ocean Boulevard (State Road AIA) Right of Way and more particularly described as follows, to-wit: Beginning at a point on the West face of an existing seawall on the East shore of Lake Worth, which point is 560.00 feet North of, measured at right angles, to the South line of Government Lot 2 of said Section 35; thence North 6:09'22" West along the West face of said seawall for a distance of 77.32 feet; thence North 10°23°23" East along the West face of said seawall for a distance of 539.50 feet to a point in the South line of BINGHAM-COPP TRACT, a subdivision recorded in Plat Book 18, Page 6, Palm Beach County Public Records; thence run South 88°12°07" East along the South line of said BINGHAM-COPP TRACT for a distance of 1134.10 feet to a point in the Westerly right-of-way line of Ocean Boulevard (State Road A1A); thence run South 0°09°07" East for a distance of 82.59 feet to a point of curvature; thence run Southerly along the are of a curve concaved to the Southwest having a radius of 1412.69 feet and a central angle of 3+03°00" for a distance of 75.20 feet to a point of tangency; thence run South 2+53°53" West for a distance of 176.28 feet to a point of curvature; thence run Southwesterly along the are of a curve concaved to the Northwest having a radius of 2968.36 feet and a central angle of 2°27°30" West for a distance of 127.36 feet to a point of compound curvature; thence continue Southwesterly along the are of a curve, concaved to the Northwest having a radius of 158.68 feet and a central angle of 86*26°30" for a distance of 239.40 feet to a point of tangency; thence run North 88°12°07" West along the North line of Southern Boulevard (State Road 80) for a distance of 1040.43 feet to the POINT OF BEGINNING, containing 16.3760 Acres, more or less; and The West one-half (W 1/2) of Lot 20 and the South 15 feet of the East one-half (E 1/2) of Lot 20 and the South 15 feet of the West one-half (W 1/2) of Lot 21, all in BINGHAM-COPP TRACT, a subdivision in the Town of Palm Beach, Palm Beach County, Florida, as recorded in Plat Book 18, Page 6, Palm Beach County Public Records, containing 0.1894 acres, more or less; Together with an easement for the use of the tunnel under South Ocean Boulevard (State Road AIA) as described in that certain Quit Claim Easement Deed recorded in Official Record Book 2327, Page 1970 of the Palm Beach County Public Records; and Being the South 358.00 feet of the North 403.00 feet of the South 1170.00 feet of Government Lot 2, Section 35, Township 43 South, Range 43 East, Palm Beach County, Florida, lying East of Ocean Boulevard (State Road A1A) as now laid out and in use; together with all riparian and littoral rights, if any, thereunto appertaining. 4EXHIBIT"B" ORR 79BSP BF man, EseaxPrr0H A parcel of land lying within the Horth 610.00 feet of the south 1170.00 feet of Governnent Lot 2 of section 35, Township 43 south, Range 43 Bast in the Foun of Palm Beach, Pala Beach County, Florida, lying Weot of Ocean Boulevard (8.R. AIA) Right-of-Way and nore particularly described as follows, to witt ~ Commencing at a point in the West face of an existing seavall on the East shore of Lake Worth, which point 1s $60.00 feet Horth of, jured at Right Angl. fe the south line of Government Lot 2 of aa’ 07" E, parallel to sai@ south 11 ether bearings refer thereto) a ‘of 445.27 feet, to the Point of Beginning of the of a atrip of land being 12 feet in width; thonce m [5° " B along said centerline, a distance of 58.28 feet to a point hereinafter called Point ‘A’ and the Point of Termination of said centerline. ‘TOGRTEER WITH Beginning at the above described Point ‘A’; The ase 58° 2i"k a distance of 8.37 feet; Thence M Ol° 0! 39° Ea distance of 20.0 Ol 39" Ww @ distance of 20 @istance of 11.63 feet: To the Point of Beginning. CERTIFICATION (WOT VALID UNLESS SEALED WITH EMBOSSED SURVEYOR'S SEAL) I BEREBY CERTIFY that the Description and Sketch of the property shown hereon was completed under ay direction On _MAY 27, /993 + and that said description is true and correct tothe best of ay knowledge and belief. I PURTHER CERTIFY that this Description and sketch meets the WINIHUM TECHNICAL STANDARDS POR SURVEYS set forth by the PLORIDA BOARD OF LAND SURVEYORS pursuant to Section 472.027 Plorida State Statutes, NO SEARCH OF THE PUBLIC RECORDS bas been nade dy this Office. The description is based on information furnished by client or elient ntative. Date of Signature red Land Surveyor Certificate Bo. 2780 Tris legal description is to be attached to and made a part of theof 7933 Ps 40 20.00, NEB°58'2 "Ww ey ThAe seers6'2) © "28 EXISTING SEAWALL HW 22: TERMINUS PONT OF 2" STRIP 7 he! 8 3 w x a N 2¢3.27 seariziore il PONT OF BEGINhNG ee BVO, sesrtore SOUTHLINE GOVT. LOT P 7 SEC.35, TWP 43'SO,REEAZE. aaa pa wor a SEC 2, WP 44 50,RGEABE. SURVEY AKO ‘OFFICE INFORMATION ONLY. Thie sketch is to be attached to and made a part of the legal description. pm vo Hutcheon peer ee, ee : ‘ lan 2.2 =ER ote WOODBRIDGE ROAD MITIGATION SPECIFICATION 1. Construct a 6°0" high solid, concrete block and stucco wall adjacent to the Loomis southern property line continuing along the Mar-a-Lago property line until it intersects the seawall at its western limits. This wall will be wholly constructed on Mar-a-Lago property. 2. To remove the Australian pine hedge and fence currently in place behind the Loomis property on an East/West axis, 3. To install a solid hedge row of Mimusops Roxberghiana (kanapali) or Conocarpus Erectus (silver buttonwood) var, sercius, the genus and species to be decided upon based on the availability at the time of installation. ‘The hedge row will be 12° (twelve feet) at the time of planting. Spacing of plant materials will follow sound horticultural practices usual for the species selected in order to maximize the potential growth characteristics of each plant consistent with the buffering objective (i.e., Mimusops, 2 plants per hold at 30" o.c., buttonwood double staggered row at 4° 0.¢., calophyllum, 5° 0.¢.) 4. A setback from the wall to the hedge row material, consistent with the location of the footing and its width. A 24-36" setback is anticipated. 5. A maintained height of 20° (twenty feet) maximum, with periodic pruning during the warmer montis on a twice yearly basis or more frequently if necessary to encourage growth and density. The minimum maintained height of 12° (twelve feet) used at installation, will be used as a minimum maintained height during pruning operations. 6. That maintenance of the hedge will follow a prescribed schedule of fertilization; 4 times per year with an approved 50% organic 12-16-8 or equivalent formula which may vary with seasonal needs. 7. Existing plant materials beyond the Loomis property in the buffer (moving in a westerly direction) will be retained unless they are in the way of construction. Some specimen trees in the rear yards of the neighboring properties are greater than 30" (thirty feet) in height. It would be almost impossible to replace this existing buffer. Replace current 4-1/2 to 5’ Ficus Nitida hedge with a 6” concrete block wall as previously described. 8. Further West fiom the existing 30” hedge, to continue the 6° masonry wall to the seawall while installing a 6° Ficus Nitide hedge on the South side of the hedge beyond the staff quarters building. 7JONES, FOSTER, JOHNSTON & STUBBS, P.A. [ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER os SOUTH FLAGLER RIVE ‘ELEVENTH FLOOR 07) 066-3000 ee Fax: Go7}8921454 a mctimes November 15, 1993 NOV 18 1999 Ms. Grace T. Peters iowa Town Clerk Town of Palm Beach Post Office Box 2029 Palm Beach, Florida 33480 Rl Town of Palm Beach/Mar-A-Lago Club Declaration of Use Agreement Our File No. 13156.6 Dear Grace: Enclosed for the files of the Town is the original recorded Declaration of Use Agreement between the Town of Palm Beach, The Mar-A-Lago Club, Inc. and Donald J. Trump, as recorded in Official Record Book 7933, Page 22, public records of Palm Beach County, Plorida. Sincergty, hn €. Randolph JCR/som cc: Robert J. DoneyTAO CDA AA 10/29/2002 15:39:39 20020570742 OR BK 14327 PG 233 Palm Beach County, Flovida THIS INSTRUMENT WAS PREPARED BY: Raymond W. Royce, Esq. John C, Randolph, Esq. PLEASE RECORD AND RETURN TO: Raymond W. Royce, Esq. Holland & Knight LLP 625 North Flagler Drive Suite 700 West Palm Beach, FL 33401 SECOND AMENDMENT OF DECLARATION OF USE AGREEMENT by ‘THE TOWN OF PALM BEACH and THE MAR-A-LAGO CLUB, L.L.C., : eokoder 32, 2002BOOK 14327 PAGE 0234 SECOND AMENDMENT OF DECLARATION OF USE AGREEMENT. THIS SECOND AMENDMENT OF DECLARATION OF USE AGREEMENT (“Second Agreement’) is made and entered into this 20% day of September , 2002 by and between THE TOWN OF PALM BEACH, a Florida municipal corporation, 360 South County Road, Palm Beach, Florida 33480 (hereinafter called “Town”); THE MAR-A-LAGO CLUB, L.L.C., a limited liability company organized under the laws of the State of Delaware, clo Raymond W. Royce, Esquire, Holland & Knight LLP, 625 North Flagler Drive, Suite 700, West Palm Beach, Florida 33401 (hereinafter called the “Club’). WITNESSETH: WHEREAS, the Town, Mar-a-Lago Club, Inc, and Donald J. Trump heretofore entered into a Declaration of Use Agreement recorded in Official Records Book 7933, Page 22, and Official Records Book 8691, Page 802, of the Public Records of Palm Beach County, Florida (hereinafter called “Declaration”); and WHEREAS, the Town, the Mar-a-Lago Club, Ine. and Donald J. ‘Trump thereafter entered into an Amendment of Declaration of Use Agreement, recorded in Official Records Book 11492, Page 1762, of the Public Records of Palm Beach Florida (“First Amendment”); andBOOK 14327 PAGE 0235 WHEREAS, on April 9, 2002, the Town held a public hearing and agreed to an amendment to paragraph 11 of the First Amendment; and WHEREAS, the Club and the Town desire to enter into this Second Amendment to reflect such amendment to paragraph 11 of the First Amendment; and WHEREAS, pursuant to a Certificate of Succession recorded in Official Records Book 9655, Page 1441, and the documents attached thereto, the Mar-a- Lago Club, Inc. was merged into MALC, Inc., a Delaware corporation, which was thereafter merged with Mar-a-Lago Club, L.L.C., which is the surviving entity and is the owner of the property described on Exhibit “A” attached to and made a part hereof; and NOW, THEREFORE, in consideration of the mutual promises set forth herein and in consideration of other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, it is agreed that the First Amendment is hereby amended and modified as follows: 1. Paragraph 11 of the First Amendment is hereby amended to delete the last sentence thereof which states as follows: “Construction of the pavilion building may not be commenced until completion of the new permanent bridge located at Royal Palm Way” and in place thereof the following provision is added to said paragraph 11BOOK 14327 PAGE e236 “Construction of the pavilion building may be commenced in the year 2002" 2. The aforesaid amendment, providing that construction of the pavilion may commence in the year 2002 was enacted as Special Exception #3-2002 and Article II of the Declaration is hereby amended to add Special Exception #3-2002. 3. The Club hereby executes this Second Amendment for the purposes as set forth herein and does hereby ratify, confirm, and approve the First Amendment recorded in Official Records Book 11492, Page 1762, of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. Signed, sealed and delivered in the presence of: (oti. Ruud uni Co Tibi Rudlisnar hed Lut Makin Liotie Nhony TOWN OF PALM BEACH py_IselS wll “Tesly S. Smith, Mayor eet Peter Elwell. Town Town Manager By: LLL E Cae LON A By:_| “Robert L. Moore Director of Planning, Zoning and Building LLL John C. Randolph, Esq. ‘Town AttorneyBOOK 14327 PAGE 0237 THE MAR-A-LAGO CLUB, Donald J. Trumy, Managing Member [INTENTIONALLY LEFT BLANK]BOOK 14327 PAGE 9238 STATE OF FLORIDA COUNTY OF PALM BEACH an ‘The foregoing instrument was acknowledged before me this SO day ofegtember 2002, by Peter Elwell, the Town Manager of the Town of Palm Beach, a Florida municipal corporation, on behalf of the corporation. He is ersonally known to me or has produced ML fe | as STATE OF FLORIDA Mlentfieation 7 eth, CARLA KNEIPP rn sozoanonsincs an #9 dla 'S ¥TUVD “ty [SEAL]ORB 11492 Py 1776 STATE OF _loew Ufo COUNTY OF _ hove Coo The foregoing instrament was acknowledged before me this AC day of nam> —, 1999, by Donald J. Trump, the President of the Mar-a-Lago Club, Inc., a Floridcorporation,.on behalf of the corporation. He is personally dan tome) 4 produced asi did not take an oath. fatjon)and| Signature of Notary Public [SEAL] NORMAL FOERDERER, Printed Name of Notary Public ot Nw York end Conmissin No or Sor ssi - ote Bates Sept 6'Mol Commission Expires: STATE OF _!Seu9 (fre ke COUNTY OF toe lou <é.,_The foregoing instrument was acknowledged before me this AVR day of }Qeyeou1999, by Donald J. Trump, who i known to me o:—has—-prodused- identification-and.wwho.did not-take-an-oath. Signature of Notary Public [SEAL] Printed Name of Notary Public Commission No. Commission Expize von somorer vor RIE TES a oe cS S 4ORB 44492 Py A777 APPROVED AS TO FORM AND. LEGAL SUFFICIENCY FOR ‘THE TOWN OF PALM REACH Robert L. Moore, Director ofEXHIBIT "4" ORB 11492 p9 1778 Being all that part of the North 610.00 feet of the South 1170.00 feet of Government Lot 2 of Section 35, Township 43, South, Range 43 East, in the Town of Palm Beach, Palm Beach County, Florida, lying West of Oceani Boulevard (State Road A1A) Right of Way and more particularly described as follows, to-wit: . Beginning at a point on the West face of an existing seawall on the East shore of Lake Worth, ‘which point is 560.00 feet North of, measured at right angles, to the South line of Government Lot 2 of suid Section 35; thence North 6+09'22" West slong the West face of said seawall for a distance of 77.32 feet: thence Neh 10-2323" East along the West face of said seawall for a distance of $39.50 feet to a point in the South line of BINGHAM-COPP TRACT, a subdivision recorded in Plat Book 18, Page 6, Palm Beach County Public Records; thence run South 88+12°07" East along the South line of said BINGHAM-COPP TRACT for a distance of 1134.10 feet to a point in the Westerly right-of-way line of Ocean Boulevard (State Road ALA); thence ran South 0¢09'07" East for a distance of 82.59 fect toa point of curvature; thence run Southerly along the arc of a curve concaved to the Southwest having a radius of 1412.69 feet and a central angle of 3+03"00" for a distance of 75.20 feet to a point of tangency; thence run South 2+53°53" ‘West for a distance of 176.28 feet to a point of curvature; thence run Southwesterly along the are of a curve concaved to the Northwest having a radius of 2968.36 feet and a central angle of 2-27°30" West for a distance of 127.36 feet to a point of compound curvature; thence continue Southwesterly along the arc of a curve, concaved to the Northwest having a radius of 158.68 feet and a central angle of 86+26°30” for a distance of 239.40 feet to 2 point of tangency; thence run North 88°12'07" West along the North line of Southern Boulevard (State Road 80) for a distance of 1040.43 feet to the POINT OF BEGINNING, containing 16,3760 Acres, more of less; and ‘The West one-half (W 1/2) of Lot 20 and the South 15 feet of the East one-half (E 1/2) of Lot 20 and the South 15 feet of the West one-half (W 1/2) of Lot 21, all in BINGHAM.COPP TRACT, a subdivision in the Yown of Palm Beach, Palm Beach County, Florida, as recorded in Plat Book 18, Page 6, Palm Beach County Public Records, containing 0.1894 acres, more or less; ‘Together with an easement for ths use of the tunnel under South Ocean Boulevard (State Road AIA) as described in that certain Quit Claim Easement Deed recorded in Official Record Book 2327, Page 1970 of the Palm Beach County Public Records; and Being the South 358.00 feet of the North 403.00 feet of the South 1170.00 feet of Government Lot 2, Section 35, Township 43 South, Range 43 East, Palm Beach County, Florida, fying East of Ocean Boulevard (State Road A1A) as now laid out and in use; together with all riparian and littoral rights, if any, thereunto appertaining,ORB 11492 pq EXHIBIT “B” The west % of Lot 20 and the south 15 feet of the east % of Lot 20 and the South 16 feet of the west ¥ of Lot 21, all in the BINGHAM COPP TRACT, a subdivision in the Town of Palm Beach, Palm Reach County, Florida, as recorded in Plat Rook 18, Page 6, Public Records of Palm Beach County, Florida. 1779ORB 11492 Py 17B8@ EXHIBIT “C” a. The northern portion of the second floor of the north cabana building shall eliminate the east 16 feet and there shall be no second floor terrace area in that location. The second floor windows on the north side of the northern building and the south side of the southern building shall be opaque and inoperable. b, Substantial landscaping will be placed and permanently maintained by applicant between the north and south buildings on the one hand and, on the other hand, each respective property line with the adjacent north and south properties, Final landscaping plans will be made available to both of the property owners to the north and south of the subject property for their review and input regarding the area between the closest building and their permanent property line. c. Landscaping materials over six feet in height will not be installed eastward of the east end of the northern building, d. At the expense of the Mar-a-Lago Club, a structural analysis will be performed on the northern neighbor's property wall. ‘The study will determine the feasibility of increasing the height of the wall to a maximum height of ten (10) feet from the prevailing grade. If the results of the feasibility study indicate that the existing wall can be increased to a height of ten (10) feet from the prevailing grade, the Mar-a-Lago Club shall apply for a variance to increase the height of the wall to a maximum height of ten (10) feet with stepdowns agreeable to both parties. If a variance is granted, the Club will increase the height of the wall. If it is determined that the existing wall cannot be increased to a height of ten (10) feet from the prevailing grade, then the Mar-a-Lago Club shall apply for a variance to construet the wall on its property. If a variance is granted for this proposal, the Club will build the new wall on its property. If requested, by the abutting owner, the Club will demolish the existing wall. fe. Access to the beach property will he by way of the existing tunnel. This shall include deliveries, employees, service workers, solid waste removal, construction workers, members and their guests, including access by handicapped or physically challenged individuals. Ramping and/or other improvements to the entrances to the tunnel shall be constructed as necessary to facilitate general servicing of the beach property and to comply with ADA requirements. Parking of private vehicles on the beachfront property shall be prohibited. £ Emergency vehicle access to the beach property will be by means of the gate along the western side of the subject property. The final design and location of this gate and spaces for emergency vehicle parking shall be based upon the attached graphic entitled “Proposed Emergency Pull-over and Access” stamp&. ORB 14492 pp 2781 dated April 20, 1999, and shall be modified as necessary for approval by the ‘Town staff. All new structures will be protected with an approved fire sprinkler system and a fire standpipe system will be installed on the east side of SR ALA to protect oceanfront cabanas and other structures, ‘The Mar-a-Lago Club agrees to provide a structural bulkhead at an elevation of 14.34, feet NGVD and will provide a structural analysis of the existing bulkhead and tie back system to ensure that the existing bulkhead, tie backs and proposed additions to the bulkhead will be adequate for the proposed development of the subject: property. ‘The construction access, and the loading and unloading of construction materials, shall be determined by the Mar-a-Lago Club and Town at a pre- construction meeting and such access shall be located and undertaken as far south as practically feasible. ‘The Club shall provide a utility plan that satisfies Town requirements and indicates how all utility service will be provided to the beach property without interrupting traffic movements on South Ocean Boulevard. ‘The beach facility shall not be used prior to 10:00 a.m. nor later than sunset. Amplified music or amplified sounds of any kind shall be prohibited. No concerts shall be held on the beach property at any time. Scheduling of Club events (barbecues, clam bakes, and cook-outs) shall. be done in cooperation with the Bath and ‘Tennis Club. There shall be no more than six (6) events, occurring not less than one month apart. Such events may extend beyond sunset, but not later than 10:00 p.m. and such events may not coincide nor be scheduled in conjunction with any other event being held at the Club. No activity may be conducted east of the bulkhead. Landmarks Preservation Commission approval of architectural design and materials shall be obtained prior to the issuance of a building permit. If the construction involves any piles, the method shall be of auger type construction. ‘The overall height of the tallest structure shall be no higher than four (4’) below the overall height of the residence to the immediate north notwithstanding any differences in point of measurement. All air conditioning equipment shall be located within the building envelope and have proper buffering and bafiling s0 as to provide no disturbance to the neighbors, There shall be no air conditioning equipment within the north or south setbacks,ORB 11492 Py 1782 ‘There shall be no launching of motorized watercraft from the beach. Sand removed from the pool area shall be placed on the beach portion of the property if permitted by the Florida Department of Environmental Protection. When the beach facilities are not open, all external lighting shall be tumed off except that which is necessary for security. No persons shall be permitted to stay overnight in any of the cabanas, and the cabanas shall not contain facilities which could be used for, or which could encourage, their overnight use, such as bedrooms and/or conventional cooking facilities, ‘The beach property improvements (other than the bulkhead) should not be started until the temporary middle bridge is completed. The construction should be limited to occur only between May 1* and December 1* so that construction traffic does not negatively impact the segments of South Ocean Boulevard and the Southern Boulevard Bridge adjacent to Mar-a-Lago during: peak season. However, requests for the undertaking of any major construction activity at any time of the year (including demolition) east of AJA shall be brought before Town Council, accompanied by plans and other pertinent supporting information, for its review and approval, as it the case with any other construction project in the Town. Provide the Town with an analysis of the existing tunnel to show whether or not it is sufficiently wide to ensure the ability to achieve its intended purpose. Lighting shall meet all standards required by the State and County for the protection of nesting sea turtles. Open air entertainment shall not exceed the maximum allowable noise limits. ‘The above conditions will run with the land and shall be incorporated into an amendment of the existing Declaration of Use Agreement, dated August 10, 1993, to be executed between the Town and the applicant. ‘The above conditions were designed to consider and protect the quality of life of surrounding Town residents and for the public interest in Palm Beach.ORB 11492 Pg 178s . & * KeEXHIBIT "D" OR 11492 Py 17A4 THE MAR-A-LAGO CLUB Traffic Management Plan Prepared by: C. WESLEY BLACKMAN, ALCP. JOSEPH B, POLLOCK, P.E. YVONNE ZIEL, PE. Date: May, 1999 ~ REVISED® - June, 1999 ‘This revised plan completly excludes Scenario #4 which governed events ranging in ‘size between 750 and 1,200 people, The upper limit of Scenario #3 has been reduced to 740 people which corresponds to the seating capscity of the proposed Pavilion Building ‘Also, atthe direction of the Potice Department, the Southern Boutevard Gate may also be ‘sed fr events ranging in size from 400 to 740 people (Somnario #3). Finally, the parking garage is no longer included due to the significantly decreased maximum ccupancy ofthe Pavilion Building INTRODUCTION ‘This Traffic Management Plan (TMP) is a supplement to the Mar-8-Lago Club Master Plan dated December 1998, During review of the Master Plan by the Palm Beach Town ‘Council in April of 1999, the Council approved, with conditions, the beach cabanas, poo! and snack bes requested by the Club, The Council also approved the removal of traffic counting equipment and the elimination of the 313 trip per day cap. The number of allowable dining room seats was increased to 150. The Council elected not to amend or climinate the cap on membership. Finally, the Woodbridge Road property was deleted from the Mar-a-Lago Club special exception, Regarding the remaining portions of the Master Plan, the Town Council directed the Mar- a-Lago Chub representatives to prepare a TMP for review at their meeting of June 8, 1999, At that time, the Council will be able to assess the traffic impact of a greater umber of attendees at Club special events and to determine any impact a permanent pavilion building will have on traffic in the vicinity of the Club. This assessment will be based on this TMP. To a great extent, the impact of the pavilion building is already established due to the existing temporary tent. Immediately after conclusion of the last hearing, Mar-a-Lago Club representatives met ‘with Town of Palm Beach staff and consultants. From this meeting, the following list ‘was assembled: 1, Address external impacts on the adjacent roadways. All efforts should be made not to interfere with traffic already on Southern Boulevard and South Ocean Boulevard. Provide eppropriate access for emergency vehicles. Provide # routing plan for limousines Discuss access plan for Southern Boulevard gate, Demonstrate how the Chub’s planning for events can alleviate traffic congestion (i.e., “spreading out the peak”). weesORB 21492 Py 1785 Page 2 of 10 6. Explain valet parking operations and any problems related to its efficient operation, 7. Describe operations, including valet parking, during special events. 8, Discuss other traffic considerations, including drop-off. All ofthe above topics will be addressed within this Mar-2-Lego Club TMP. A total of there (3) scenarios will be presented that will show various levels of Club operations. ‘These will range from least to most intense. Operations and traffic management methodologies are offered for each scenario. The first scenario describes daily club operations alone (a Ja carte dininy, spa and tennis activities, ete.), and in conjunction ‘with, smaller events numbering less than 200 guests. The next scenario describes traffic ‘management techniques for events with at least 200 and less than 399 persons. Next, measures to prevent trafic congestion are presented for events totaling between 400 and 740 persons. A fourth scenario was eliminated from consideration upon input from the ‘Town Council. All ofthese scenarios offer increased levels of control and operational initiatives designed to minimize or eliminate traffic congestion on neighboring thoroughfares, Also, it is important to note that asthe size of event increases, the frequency of that particular size of event significantly decreases. This has been true over the four years of operation of the Mar-a-Lago Club. It is expected to continue into the foreseeable future, even with the addition of the Pavilion Building. This plan will positively demonstrate that the Mar-2-Lago Club is and will able to hold an event which has a maximum 740 persons in attendance, with proper traffic management procedures, ‘employed, and not cause traffic disturbance within the Town of Palm Beach. The previous version of this plan presented information which, theoretically, showed that the Club could handle up to 1200 persons. ‘This scenario is 00 longer included in this plan. Note: This size of event represents a theoretical maximum and should in no way be consirued as the typical Mar-a-Lago Club event. For brevity and clarity, once an action is mentioned in a smaller event scenario, it is ‘automatically repeated for the subsequent larger event, unless otherwise noted. ‘This is best understood by studying the accompanying summary table. Finally, by including all of these actions in this form, the Mar-2-Lago Club is committed to implement them and be bound by the requirements outlined in this document. ‘The following statement was added after consultation with the Town of Palm Beach Police Chie ‘The Police Chief reserves the right to change procedures as necessary based upon actual performance and shall not be limited by this plan. Furthermore, the Police Chief has the discretion to assign the number of special duty assignment officers appropriate for a given event.OR 11492 Py 178G Page 3 of 10 Traffic Management Procedures — Scenario #1 Size Range: Events up to 199 People This level of operation represents the bulk of Mar-a-Lago Club activity. Evidence of this is easily found by looking atthe two most recent years of operation: Events Under 200 People 286 (A) (80%) (86%) (83%) Total Events %) ‘Thus, 83% of all the events held at the Mar-a-Lago Club over the past two seasons have attracted less than 200 people. Further analysis indicates thatthe total number of events increased only 1% over the previous year. However, the number of events attracting 200 people or less increased by 9%, representing an even larger proportion of the total umber of events held at the Mar-a-Lago Club. This size of event represents regular dinner parties, lectures, classes, birthday parties and other celebrations, Dining, spa and. tennis activities represent the typical daily activity of the Club, which can be considered the “background” operational level of the Club. Events of less than 200 people are easily accommodated while daily Club operations are underway. Whenever an event of over 150 is held, no other organized event is held at the Club. The following is an example of how the Club manages, and will continue to manage, traffic generated from this level of activity: Member and Guest traffic enters the main entrance driveway from South Ocean Boulevard, Members and guests exit their vehicles at the main door. The two Ianes of the main entrance drive allow for a 18 vehicle queue. Vehicles are parked by valet staff in available parking spaces on the northem half of the property, When members and guests leave the property, the valet delivers the ‘vehicles to the main door and they leave through the exit gate (northem drive) on South Ocean Boulevard, Staff and delivery vehicles enter and exit through the Southemn Boulevard gate. A small umber of members prefer to enter through this gate for more direct access to the tennis courts. If this is the case, these rmenmbers park their own vehicles. This entrance scenario is depicted graphically in EXHIBIT A. No Special Detail Assignment police officers are necessary to accommodate this level of activity, Traditionally, officers are ordered through the Police Department for events when 200 people or more are expected. However, the ‘Town of Palm Beach Police Department will be notified of all forecasted events at the beginning of the season and receive updates throughout the season reflecting any changes in dates, times or size of events. Special arrangements will bbe made with the Police Department for all other larger events, The number ofi 2 787 Page 4 of 10 officers will be determined by the size of the event. These procedures are more fully outlined later concerning the larger events to be held at the Mar-a-Lago Club. Emergency vehicles enter through any of three access points to the property, These include the Southem Boulevard gate, main entrance gate off of South. Ocean Boulevard or the exit gate off of South Ocean Boulevard. Mar-a-Lago security will inform Towh public safety officials where assistance is needed. Generally speaking, access for these vehicles is through the Southem Boulevard gate, Upon completion of the beach cabana and pool project, emergency vehicle access east of SR AIA (South Ocean Boulevard) will be provided through the use ‘of a roll-over curb allowing pull-off access for three emergency vehicles. All stacking of vehicles is easily accommodated within the property and traffic is not disturbed on the adjacent public thoroughfares of South Ocean Boulevard or Southem Boulevard. Limousines are handled through the main entrance gate off of South Ocean Boulevard, All limousines ere instructed to use the northern lane of the entrance drive. To avoid tuming movement conflics, stretch limousines are directed to turn right before reaching the main door. Guests ext the vebicle and enter the main house from this location, ‘The limousine driver stays with the vehicle until the guests are ready to leave the property. Other drop-off, such as taxis, enter and leave the property inthe usual way; they enter through the main entrance and leave through the exit drive on to South Ocean Boulevard. For this scenario, there is no need to plan attractions prior to individual events in order to entice guests to arrive earlier than the stated event time. The volume of traffic is easily handled without impact on the adjacent roadways. Staffing for valet personnel varies depending on the number of reservations for daily activites and if any special events are planned forthe day. Experience over the four years of Club operations have yielded a solid knowledge of valet staffing requirements. Regardless of the number of reservations and the existence of any special events, there are at least two valets on duty. When there is an event of up +0 50 people or when the number of reservations ranges between 25 and 75 people, the valet staff increases to three. For days when there are over 75 reservations on the books or an event between 50 and 100 people, either four o five valets are scheduled. For a day with an event having between 100 and 150, a total of six valets are scheduled. Finally, for events between 150 and 200 people, a total of seven valets work for a given event.Page $ of 10 OR 11492 Py 1788 Traffic Management Procedures — Scenario #2 Size Range: Events from 200 to 399 People The following table reflects the number of times this size of event was held at the Mar-2- Lago Club over the past two seasons, along with other pertinent data: 1997-1998 1998-1999 Total Events ‘Events of 200 to 399 People | 30 17 47 (18%) (10%) (14%) Total Events Im 173 344 %) 100%) 100%) 100%) Nearly all ofthe events, 97% of the total number of the events held at the Mar-a-Lago ‘Club over the two most recent seasons, were attended by less than 400 people. The proportion and number of events ranging in size between 200 and 399 people actually decreased in 1998-1999 from the previous season. These typically include charitable functions, celebrations of all kinds (birthday parties, etc.) teas, luncheons and cocktail parties. During the Mar-a-Lago Club 1998-1999 season, only 17 events of the 173 events held ranged in size between 200 and 399 people. This represented 10% of all events which took place at the Mar-a-Lago Club during the time period. The Club schedules ‘events of this size to take place when little other activity is happening on the property. For example, events of this size are generally scheduled for Sunday, Monday or ‘Wednesday evenings when the Club is only open for special events. All other Club functions are curtailed, There are very few exceptions. The Club never has scheduled two events ofthis size or larger at the same time. The following is a description of how traffic is managed for this size of event. Inthe rare case where an event of this size happens when at Ja carte dining is taking place, event related vehicles are directed to the western entrance of the spa. This is accomplished by posting a security guard in front of the easter part of the circle in the vicinity of the main door. The guard directs the guest to use the right fork and not go around the traffic circle on property by the main door, Guests are directed to pick up their vehicles in the same location where they were dropped off. This is identical to the method employed for larger events and explained later inthis plan. However, only the main entrance and not the exit gate is used. Two Special Detail Assignment police officers are hired to direct traffic during entering and exiting of vehicles. The Club will notify the Police Department at least one month in advance of any event, indicating number of guests expected, time snd duration of the event. The Club will continue to pay for this service. ‘The Police Department will assign the number of officers appropriate for this size of event.ie 2 Page 6 of 10 All stacking of vehicle is easily accommodated within the property and traffic is not disturbed on the adjacent public thoroughfares of South Ocean Boulevard or Southern Boulevard. Limousines are handled through the main entrance gate off of South Ocean Boulevard. To avoid turning movement conflicts, stretch limousines are directed to tum right before reaching the main door. Longer limousines are redirected by ‘Town Police to enter the main entrance of the property from the South to more swifily maneuver into the property. Guests exit the vehicle and enter the main house from this location, The limousine driver stays with the vehicle until the {guests are ready to leave the property. Other drop-off, such as taxis, enter and Teave the property in the usual way: They enter through the main entrance and leave through the exit drive on to South Ocean Boulevard. Staffing for valet personnel begins at 7 people for an event of 200 and increases ‘wo people for every 100 person incremental increase in the number of guests, For example, a 400 person event would call for 11 valets. In the rare case when a Ja carte service is offered, the Cub would have two additional valets atthe main door to park and retrieve non-event related vehicles.ORB 21492 Py 179 Page 7 of 10 Planned Traffic Management Procedures — Scenario #3 Size Range: Events from 400 to 740 People The following two tables represent the frequency of events of this size held at the Mar-t- Lago Club over the past two seasons, identify the event and specify the related attendance ofeach event. 1997-1998 1998-1999 Total Events Events of400t0 740 People [5 ===SSSSSSCSC % 29%) (29%) (2.6%) Total Events 171 173 344 (%) 100%) 100%) 100%) Event Attendance ‘Cocktail Reception = October 1997 403 Dinner Dance ~ October 1997 515 Luncheon — January 1998 438 Beach Boys ~ March 1998 505 Tony Bennett ~ April 1998 400 New Year's Eve Party — December 1998 644 Jay Leno ~ February 1999 591 ‘Luncheon ~ March 1999 475 Natalie Cole ~ March 1999 453 Beach Boys - March 1999 520 Consistent with the previous 1997-1998 season, of all of the 173 events hetd at the Mar- a-Lago Club during the 1998-1999 season, only 5 fell within a range of 400 to 740 people. This represents a minimal 2.9% of all the events held at the Mar-a-Lago Club during this past season. None of the events approached the upper limit of the range. It should be noted that the Evening with Jay Leno, in association with the chariteble event, for CapCure and tennis tournament, held on Saturday, February 20, 1999 was one of the largest events of this scenario and did not approach the upper limit of this range. ‘There ‘were no traffic related problems reported that evening. Likewise, there were no traffic related problems reported the night of the New Year's Party 1998. Even s0, traffic for these events was handled in a different way than the method described here. That method did not provide the safeguards of a new approach as detailed in this plan. This new method should alleviate all fears of traffic congestion on adjacent thoroughfares for future events of this size. No other events would be held concurrent with this size of event atthe Club, However, there may be, and likely would be, activities designed to draw guests earlier to the event, rather than stipulate a specific time of arrival. This will be accomplished through special instructions given on the invitation, Club newsletters and/or at the time of placing the reservation. The following is a description of how traffic is handled for this size of event in the future with and without the addition of the newTT We iisceh ior eee Page8 of 10 Pavilion Building. The upper limit ofthis range, 740 persons, corresponds to the maximum occupancy of the Pavilion Building In collaboration with Ms. Yvonne Ziel, P.E. and Joseph Pollock, P.E., both registered traffic engineers, certain characteristics which effect the processing of vebicles were assessed and applied to a formula, The formula, 2s contained within the ITE Transportation and Land Development, Applications for Queueing ‘Analysis model, allowed predictions to made regarding the length of a vehicle queue for this size uf event. The particulars of this formula are included as ATTACHMENT I. The equation includes the following assumptions: + All trafic for a given event arrives within the span of one hour, Time needed for the valet team to process one vehicle is 25 seconds on average. This is identified as “Average Service Time” as used in the formula, Timing begins when the vehicle reaches the “Service Point” and ends when the next car in line is ready to be serviced. Verification of this rate was observed and recorded by Ms, Ziel at an actual event, ‘Two lanes are used to process vehicles, Results are in terms of vehicles processed within an hour, with the resulting maximum queue. * Based upon actual Club experience, average vehicle occupancy is 3 persons per vehicle for an event as observed by Ms. Ziel, + Multiplying total number of vehicle trips by vehicle occupancy results in the maximum tora! number of guests for an event given these assumptions. * Entry for an event of this size will be through both entrances off of South Ocean Boulevard. Town of Palm Beach Police direct southbound vehicles to use the exit gate and driveway ina “reverse flow” direction, (This eliminates queuing of Southbound event related traffic from South Ocean Boulevard and will allow more non-event. related traffic to pass with less interference.) Northbound event traffic will use the main entrance gate and be directed to do so by Town of Palm Beach Police. A small, but legible, temporary sign will be used to identify the entrance gate for Mar-a-Lago guests travelling south on ‘South Ocean Boulevard, . 1 is wes lease refer to EXHIBIT B for a graphic representation of the entrance scheme for this scenario. «Provisions will be made, upon request from the Police Department, that a portion of the traffic for events of this size enter through the Southern Boulevard Gate. These events will be identified well before the event through the advanced notification procedure employed by the Club. Ifso directed, special instructions will be given by means of invitation and during the reservation confirmation process. Small, temporary signs will direct that traffic entering the Southem Boulevard Gate, :Page 9 of 10 + Length of vehicle in queve is 25 feet, SS BAIS Pn ATE The resulting maximum queue, according to the results ofthe ITE formula, is 28 vehicles. + The numberof vehicles processed within an hour is 261. The total number of guests attending the event equals 783. This is shown in the print out included as ATTACHMENT I. ‘© For ease of enforcement and programming of Club policy, the upper limit of this range is shown at 740, which ensures that the variables of the formula are intact during real world application. To reiterate, all drop-offs for this size of event will be made at the western entrance of the spa, as indicated on EXHIBIT B. Vehicles will use both the entrance and exit drives off of South Ocean Boulevard. The small number of exiting vehicles (if any), during the period when vehicles are entering the property, will use the Southern Boulevard gate. Ownership of the properties east cof the vacant lot along the south side of Woodbridge Road are owned by Mr. Donald J. Trump. ‘As vehicle queues build for an event of this size, the valet personnel will process 2 or 3 vehicles in each valet lane simultaneously. This will actually reduce the * vehicle processing time to much less than the 25 second average observation as used in the equation. The 25 second service time of the equation is part of the conservative approach, From observation, this procedure allows the valet persomnel to process more vehicles, reduce vehicle queues and minimize vehicle back-ups during peak period surges as they occur. ‘The Club will notify the Police Department at least one month in advance of any event, indicating number of guests expected, time and duration of the event. The Club will continue to pay for this service. The Police Department will assign the number of officers appropriate for this size of event. For this scenario, through notification by invitation and at the time of reservation, guests will be encouraged to arrive earlier than the stated time on the invitation. ‘This will allow the guests @ longer time to enjoy the beauty found at Mar--Lago. There will be, on oveasion, programmed activities that will encourage guests to arrive earlier. This will primarily be employed for the larger events in this range. Staffing for valet personnel for an event of 740 guests calls for a total of 18 . A 400 person event calls for 11 valets, Thus, an increase of 2 valet staff is required for each 100 person incremental increase in the number of guests,a Page 10 of 10 ORB 11492 Py 1793 Universal Procedures Related to Valet Parking Supervision and Parking Space Allocation ‘These are universal Mar-a-Lago Club policies that govern the behavior and performance of the valet parking team. Valet parking staff is scheduled according to the demand expected for a given event. The size of the event dictates the number of people that will be utilized for that event as reflected in the procedures outlined inthis Traffic Management Plan. There will always be one valet captain responsible for the performance of the valet parking team. It is that person's duty to see t it that no traffic problems are caused on the adjacent public thoroughfares. Furthermore, the Director of Operations and/or the Director of Security shall have overriding authority to ensure the performance of the valet parking staff remains at a level to maintain the Club’s overall objective of not cresting traffic congestion caused by its operation. Both the Director of Operations and/or the Director of Security shall take any and all actions necessary during the arrival or departure of guests to ensure that this objective is met, The Club significantly exceeds the required number of parking spaces based upon its number of members. The property currently provides a total of 252 parking spaces. ‘According to the Town of Palm Beach Zoning Code, the Mat-a-Lago Club could have total of 1008 members based upon the total number of spaces offered. However, the Club membership currently stands.at 360 members and is currently limited by the Town of Palm Beach to a total membership of $00. In the rare and infrequent large event where paved parking spaces are exhausted, remaining event related vehicles will be parked upon the golf course.OR 11492 pg 1794 sqog po oon: “ana azninos edo av oe oN ‘WOd SNOLLVANESHU ONY RET, ‘SNOLLVLIANI TVIDaas on ‘ELV GATE — aa a o sormmia0s 1sv9 10.350 cy ‘SSVNOIS ABVAOAAL os > oN ‘ONFIGNVA fai Taz Taz masnowrr Tas DNISIVIS LTIVA *K on oN, ‘SINEWSDILNG ANIA Es02m * * porruny SINGAT aa SA AINTPANINOD YIRLO on aras '2) A ‘SNOLLVEEIO- ‘sn INUATNON Nasa me *“ ox sortoanswinoissY ‘nvasa-Ivizaas =k =) a NOULVSTAIION epulvsidori0d_ ‘awado¥a NO THAN PIA RT SSPRPA ST PNPA BL ano anand SEs | ET meee _| "new so muuog aes ea a iMOsaou sa ee INIOd prog oma og OM 20g some oH 2000] SR ‘quordowa wi ‘Tpaeonbar yt) x ora EA ed 20 "0 ‘0 a ‘sounqe atgiareog ros | eamanug PARE E=20 GMOS KEINE JOSINIOT a sane ald 0 SINaAe wor on sa “Tv so wnaua JONANO TAA TVONIOLSTA oa cag ‘or ney ae exeens | car may ncony~ zx oueaans | set or dn meaaa—rgcrees 2yqey, Kzeuntung NVId LNW DVNVW O1dAVEL ~ 2119 OOWTV-AVW FHLit Bu ea il W800 SULNVILY OR 11492 Pg 1795 ell GSE eeOR 11492 Pg 1791 adie eT 890 ouNvIEyATTACHMENT 1 ORB 11492 Pg 1797 PROJECT: MAR ALAGO- OCEAN BOULEVARD DATE: 20-May-99 ‘QUEUEING ASSUMPTIONS: PERCENT OF PEAK HOUR TRAFFIC TRAFFIC 100% AVERAGE SERVICE TIME: 28 SECONDS STEADY STATE PROBABILITY THAT MAXIMUM QUEUE WILL NOT BE EXCEEDED (P) 0.05 (08%) NUMBER OF SERVICE POINT 2 UTILIZATION FACTOR (p)=ENTERING TRAFFIC(VPH)ISERVICE RATE(VPH)* # OF SERVICE POINTS) ‘SERVICE RATESUTILIZATION FACTOR WHEN ONLY ONE SERVICE POINT IS PRESENT MORE THAN ONE SERVICE POINT SEE TABLE 6-11 PG 231 MAXIMUM QUEUE*/LN(P}-LN(SERVICE POINT SERVICE RATE-OmVLN(UTILIZATION FATOR ph TOTAL CARS: 281 VPH SERVICE RATE: 144 VPH CALCULATIONS UTILIZATION FACTOR (p) 0.90625 . Ome 0.8618125, MAXIMUM QUEUE 27921298430 = 28 VEHICLE(S) OCCUPANTS PER VEHICLE: 3 ‘TOTAL GUESTS: 783 “USING ITE TRANSPORTATION AND LAND DEVELOPMENT, APPLICATIONS OF QUEUEING ANALYSIS, PAGE 2311798 ORB 11492 PgKSdado soins > 50 OO 0}00 WOO Oo OFOO QOPOGAEOG o01O 90/00 OOYOO OL OOF ae Foren OOO; OCPion PPRINT (R04, q:0,40 ORB AA 49= Py DOROTHY Hi. WILKEN, CLER unas) ot 4 y ~ AB 8 x doanvo A x g as y ‘ 8 (ouolzey SPEER OT se 9 BOE pB COUNTY, FL I certify this document to be a true copy of the record in my office this THIRTIETH day of DECEMBER, 1999 OROTHY H. WILKEN, Clerks of Cgprt, By Palm Beach County, FL Deputy ClerkPPE SAME A CFN 20040705575 OR BK 17886 PG 1415 THIS INSTRUMENT WAS PREPARED BY: RECORDED 12/14/2004 14:24:18 R dW. Roycs Palm Beach County, Florida aymond W. Royce, Esq. Dorothy H Wilken, Clerk of Court Pgs 1415 - 1425;' (1ipge) PLEASE RECORD AND RETURN TO: Raymond W. Royce, Esq, Holland & Knight LLP 222 Lakeview Avenue, Suite 1000 West Palm Beach, FL 33401 THIRD AMENDMENT OF DECLARATION OF USE AGREEMENT by ‘THE TOWN OF PALM BEACH and THE MAR-A-LAGO CLUB, L.L.C. Dated: December /.? , 2004F USE AGRI THIRD AMENDMENT OF DECLARATIO! IN THIS THIRD AMENDMENT OF DECLARATION OF USE AGREEMENT ("Third Agreement”) is made and entered into this ZZ day of December, 2004 by and between THE TOWN OF PALM BEACH, a Florida municipal corporation, 360 South County Road, Palm Beach, Florida 33480 (herein called “Town”) and THE MAR-A-LAGO CLUB, LLL.C., a limited liability company, organized under the laws of the State of Delaware, c/o Raymond W. Royce, Esquire, Holland &Knight LLP, 222 Lakeview Avenue, Suite 1000, West Palm Beach, Florida 33401 (herein called the “Club”), WITNESSET WHEREAS, the Town, Mar-a-Lago Club, Inc. and Donald J. Trump heretofore entered into a Declaration of Use Agreement recorded in Official Records Book 7933, Page 22, and Official Records Book 8691, Page 802, of the Public Records of Palm Beach County, Florida (hereinafter called “Declaration”); and WHEREAS, the Town, the Mar-a-Lago Club, Inc, and Donald J. Trump thereafter entered into an Amendment of Declaration of Use Agreement, recorded in Official Records Book 11492, Page 1762, of the Public Records of Palm Beach County, Florida (“First Amendment”); and WHEREAS, the Town, and the Mar-a-Lago Club LLC thereafter entered into a Second Amendment of Declaration of Use Agreement recorded in Official Records Book 14327, Page 0233 of the Public Records of Palm Beach County, Florida ("Second Amendment”); and WHEREAS, on April 13, 2004 the Town Council held a public hearing on Special Exception #11-2004 with Site Plan Review and conditionally approved a number of changes for the Club, including demolition of the existing slat house building, construction of a new kitchenbuilding, construction of a covered breezeway between the kitchen and the ballroom building, construction of another portable stage within the pavilion building, increase in the size of the Joggia on the north side of the pavilion building by 15 feet for a total increase of 720 square feet, relocation of the air conditioning chiller and modification of paragraph “m” of Exhibit C to the First Amendment to eliminate the limitation on the number of events at the cabanas and to allow the Club to provide food and barbeque grill service at the cabanas; and WHEREAS, on May 11, 2004, the Town Council held a public hearing and clarified and confirmed that the approval of the separate kitchen building to serve the ballroom was for a building of 60 feet by 61.25 feet, for a total of 3,675 square feet; and WHEREAS, on August 10, 2004, the Town Council held a public hearing and agreed to an amendment of the conditionally approved site plan for the club to provide for a new driveway and drop off area on the north side of the new pavilion building. NOW, THEREFORE, in consideration of the mutual promises set forth herein and in consideration of other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, it is agreed that the Declaration of Use Agreement, Amendment of Declaration of Use Agreement and Second Amendment of Declaration of Use Agreement are hereby amended and modified as follow: 1, Allof the recitals set forth above are true and correct and are incorporated herein and made a part hereof. ° A new kitchen building measuring 60 feet by 61.25 feet Tor, a total of 3,675 square feet may be constructed and the kitchen building may be connected to the pavilion building by a covered breezeway, all as shown on Exhibit A, attached hereto and made a part hereof,‘The pavilion building may be increased in size by the expansion of the loggia on the north side of the pavilion building by 15 feet for a total of 720 square feet as shown on Exhibit B, attached hereto and make a part hereof. 4, Anew driveway, and drop off and pick up area may be constructed on the north side of the pavilion building as shown on Exhibit C, attached hereto and made a part hereof provided that low level lighting, acceptable to the Town, is installed to clearly identify the new driveway and access roads. 5. Paragraph “m” of Exhibit C to the First Amendment is hereby amended as follows A. The following sentence is deleted: “There shall be no more than six (6) events, occurring not less than one month apart.” B. The following sentence is added: “The Club may provide food and barbeque grill service at the cabanas.” IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above written Signed, sealed and delivered in the presence of: ‘TOWN OF PALM BEACH Cf: 1 pe fy SNe he Lasrfebylic Ps Lesly S, Smith, Mayor 2! Ov Libylie Ch fy cual. leoytt: rae?) By ‘Alien Wyett, Presidéht, Town Councilow» Adel Peter Elwell, Town Manager oye Flo Rojfert L. Moore Director of Planning, Zoning Trump, Managing Member STATE OF FLORIDA COUNTY OF PALM BEACH by ‘The foregoing instrument was acknowledged before me this [7 day of December, 2004, by Lesly S. Smith, the Mayor of the Town of Palm Beach, a Florida municipal corporation, on behalf of the corporation. She is personally known to me or has produced as identification and Who did not take an oath. ~ SW Ling (bn Signature of NotarPublic Sian crane snycommesn ob cae ane. > EXPIRES: Jat 30,2008 | Printed Name of Notary Public —— Commission No. O LOOT Commission Expires: 1/50/)%STATE OF FLORIDA COUNTY OF PALM BEACH ‘The foregoing instrument was acknowledged before me this 1 day of December, 2004, by Allen Wyett, President of the Town of Palm Beach, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced ___as identification and who did not tak@an oath. (SEAL] LUSANNE CRENS MY CoMssioN #00 26006 Printed Name of Notary Public Commission No. | Commission Expires: _) |30]03, EXPIRES Janay 30,2008 STATE OF FLORIDA COUNTY OF PALM BEACH ‘The foregoing instrument was acknowledged before me this L3_ day of December 2004, by Peter Elwell, the Manager of the Town of Palm Beach, a Florida municipal corporation, on behalf of the corporation. He is cnown to me or has produced as identification and who did not take an oath. * FP rvdhtioe Coe — Signature of Notary Public sw Cre Ye CAL - My ouNHSSION 0026 Printed Name of Notary Public EXPIRES Jamar, 008STATE OF FLORIDA COUNTY OF PALM BEACH “The foregoing instrument was acknowledged before me this /3?“day of December, 2004, by Robert L. Moore, the Director of Planning, Zoning and Building of the Town of Palm Beach, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced Krupp as identification and who did not take an oath. fee ba gpature of Notary Publi, [SEAL] SReacitens OM) Printed Name of Notary Public Commission No. DI) 20 5905 Commission Expires: 9.9.4). 04 “pty msn Dagon EAP icomennoss My inne STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _S~ day of December, 2004, by John C, Randolph, Esq., the Attorney for the Town of Palm Beach, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced ation and who did not take an oath. lh phhick Wie Signatur@of Notary Public (SEAL] Stach M4ti gS - Printed Name of Notary Public Sal Son Matos Commission No. OP 2.5 37 5 coms Se nes Commission Expire’;,&//£/2£ vasSTATE OF NEW YORK. COUNTY OF NEW YORK ‘The foregoing instrument was acknowledged before me this 404 day of December, 2004, by Donald J. Trump, as Managing Member of the Mar-a-L9ga Club, L.LC_-a Delaware limited liability company, on behalf of the company’ Hes, illy known to mé*og has produced . as idenf fichtjon(and hordid not take-an-oath, Signature of Notary Public [SEAL] Printed Name of Notary Public - ‘Commission No. Commission Expire: FOEROERER yao.s0 ve ne tow Rovorrowaneo8 cana nto YRC = commision Epre8 S00, 200 RECOMMEND APPROVAL: ELS OL Paul ‘eke Zoning AdministratorB, 7 = biel = woorna fy la | C.WEG OE he Ini too rl S oe cars wrtae ed iB oa C0021 ew ea song Shevanis ery Sait res ig Saga oe an SLE Ss Soren at Fay NB STATE OF FLORIDA COUNTY OF PAIHolland + Knight Tel 541 833 2000 Holland & Knight LLP December 14, 2004 Palm Beach Town Hall Attention: Paul Castro, Director of Zoning 360 South County Road Palm Beach, FL 33480 Dear Mr, Castro: Enclosed please find a certified copy of the Third Amendment of Declaration of Use Agreement by the Town of Palm Beach and the Mar-a-Lago Club, LLC. Note that the certification is on the last page of the document. Mr, Royce asked me to forward it to you for your records. Should you have any questions, do not hesitate to contact our office. Sincerely yours, HOLLAND & KNIGHT LLP dro 99 (VOU Susan G. Marocco, Assistant to Raymond W. Royce RWR:sem Enclosure #2400739 v1Holland “Knight Js san ano Holland & Knight LLP 222 Lakeview Avenue, Suite 1000 West Patm Beach, FL. 33401 wow hkdaw.cor Raymond W. Royce 561650 8316 ray.royceG@hktaw com December 20, 2004 Palm Beach Town Hall Attention; Paul Castro, Director of Zoning 360 South County Road Palm Beach, FL 33480, Dear Mr. Castro: As per your request, enclosed please find an original certified copy of the Third Amendment of Declaration of Use Agreement by the Town of Palm Beach and the Mar-a-Lago Club, LLC. Note that the certification is on the last page of the document. Should you have any questions, do not hesitate to contact our office. Sincerely yours, HOLLAND & KNIGHT LLP hom % VYorrvs Susan G, Marocco, Assistant to Raymond W. Royce RWR:sgm Enclosure # 20To058 v1‘This instrument was prepared by: Alan J. Ciklin, Esq. John C. Randolph, Esq. Paul Rampell, Esq. Please yecord and return to: ‘Paul Rampell, Esq 125 Worth Avenue Suite 202 Palm Beach, FL 33480 DECLARATION OF USE AGREEMENT. THE TOWN OF PALM BEACH, THE MAR-A-LAGO CLUB, INC., Dated: DONALD J. TRUMP. a 34l-Aom 86S t TABLE OF CONTENTS ARTICLE I Representation of Ownership ARTICLE III Unity of Title ICLE IV Building Codes, Fire Protection and Utilities ARTICLE V Principles of Preservation and Critical Features ARTICLE VI Mitigation/North Boundary ARTICLE VIL Club Membership Limitations ARTICLE VIII Traffic/Special Events ARTICLE IX Liability and Abandonment of Club Use ARTICLE X Reimbursement for Special Studies/Monitoring ARTICLE XI Remedies for Violation Provisions to Run with Land/Recording ARTICLE XIII Entire Agreement ARTICLE XIV Miscellaneous Page No.Acknowledgements Consent and Joinder of Mortgage Exhibit "A" Exhibit "B" ORE SPL Po 10 1B 4 15 7ORR GSH Ps DECLARATION OF USE AGREEMENT THIS DECLARATION OF USE AGREEMENT is made and entered into this lo day of __ Aveus_ , 1993 by and between the TOWN OF PALM BEACH, a Florida municipal corporation, 360 South County Road, Palm Beach, Florida 33480 (hereinafter called the "Town"); and THE MAR-A-LAGO CLUB, INC., a Florida corporation, c/o Paul Rampell, Esquire, 125 Worth Avenue, Palm Beach, Florida 33480 (hereinafter called the "Club"); and DONALD J. TRUMP, 725 Fifth Avenue, New York, New York 10022 (hereinafter called "Owner"), which terms Town, Club, and Owner will include and bind the successors and assigns of the parties, wherever the contact so requires or admits. WITNESSETH WHEREAS, the land described in Exhibit "A" attached hereto and made a part hereof, together with improvements thereon (hereinafter referred to as the "Land") and known as Mar-a-Lago, is located within the municipal limits of the Town; WHEREAS, Mar-a-Lago is unique and no other property in Palm Beach is like it in any way; WHEREAS, the Land is owned by the Owner, and the Owner shall convey title to the Land to the Club; WHEREAS, the Land is zoned RAA-Large Estate Residential and RA-Estate Residential and private social clubs are allowable Special Exception Uses within such zoning categories, subject to the approval of the Town Council; WHEREAS, the Town has approved a Special Exception use for the Land as a private social club subject to the conditions set forth herein and on the basis that the approval of the Special Exception, in compliance with said conditions, will not be adverse to the public interest; WHEREAS, the Town has approved the site plan for the Special Exception on the basis of the specific finding of the Town Council that said site plan meets the requirements of the Town’s Code of Ordinances relating to same; WHEREAS, in approving the Special Exception and site plan, the conditions of approval reflected herein are imposed in order to regulate the use and mitigate any impacts of the Club, as well as to insure that said use shall not be adverse to the public interest; and WHEREAS, all of the representations made herein are true and accurate and the granting of the Special Exception and site plan review are conditioned upon the representations made herein and all of the conditions herein imposed, NOW THEREFORE, in consideration of the mutual promises set forth herein, it is agreed as follows:OR BGS Pe Bee ARTICLE I REPRESENI (ON OF OWNERSHIP Owner is the fee simple title holder of the property described in Exhibit "A" attached hereto, is in sole possession of the property, and has full right to enter into this ‘Agreement and to bind the property and himself to the terms hereof, Owner's interest is subject only to mortgages of record and all holders of said mortgages, by execution hereof, hereby consent to the terms and conditions of this Agreement as evidenced by their signatures hereto. There are no covenants, restrictions or reservations of record that will prevent the use of the property asa club in accordance with the terms and conditions of this Agreement. No consent to execution, delivery and performance hereunder is required from any person, partner, limited partner, creditor, investor, judicial or administrative body, governmental authority or other party other than any such consent which already has been unconditionally given or referenced herein. Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby will violate any restriction, court order or agreement to which Owner or the real property is subject, ARTICLE II CLUB USE The use of the Land shall be for a private social club in compliance with all of the information and exhibits included in the application not inconsistent with the terms set forth herein, and subject to such uses not inconsistent with the terms set forth herein, set forth in the Application for Special Exception No, 11-93 and The Mar-a-Lago Club: _A Special Exception Use and Preservation Plan, as amended (hereinafter referred to as the *Plan") as submitted to the Town. Any usages not specifically set forth in the Plan (including, without limitation, docks, cabanas, gambling, helicopter operations or landings, animal circuses, and commercial or quasi- commercial uses) are excluded from the Town’s approval of the Plan pursuant to that provision of the Town Code which provides that no subsequent deviation may be made from the application as approved by the Town Couneil except upon new application to and approval by the Town Council, Chapters 2, 3, 5, 6, 10 and 11 of the Plan are adopted herein by reference and made fa part of this Agreement. Any additional uses of the Land shall be subject to approval by the applicable governmental authority including but not limited to the Town Council of the Town, the Landmarks Preservation Commission of the Town, the Architectural Review Commission of the Town, Palm Beach County, the State of Florida, the United States Government, and/or any agencies under any of the foregoing governmental authorities. The guest suites as set forth in the Plan shall be limited to the use of Club members, shall be limited to ten (10) in number, shall not be open to the public, and shall not be advertised. No kitchen or other food preparation facilities shall be allowed in any of the guest, suites, The use of guest suites shall be limited to a maximum of three (3) non-consecutive seven (7) day periods by any one member during the year. ‘The operations of the Club shall not result, in a nuisance to any of the neighboring properties.om BOI Ps BOF Club facilities may be used only by members and guests of the Club. Photography at the Club shall be conducted in a manner consistent with the rules and regulations governing other clubs in the Town. This shall include but not be limited to the prohibition of film making, movie producing, magazine feature photography, newspaper photography, photography for public relations purposes for individual members and/or guests and other commercial photography and the like. ARTICLE II UNITY OF TITL The Land, as described herein, shall be considered as one (1) parcel and no portion thereof may be sold, transferred, devised or assigned except in its entirety, either voluntarily or involuntarily, by operation of law or otherwise. This provision shall not preclude the dedication of right-of-way for road improvements required by governmental authority. No portion of the Land or structures thereon shall be condominiumized or changed to a cooperative form of ownership. This provision shall survive the use of the property as @ club and shall apply to any subsequent use of the property. ARTICLE IV. BUILDING CODES, FIRE PROTECTION AND UTILITIES The Owner and the Club hereby grant and convey to the Town an easement over the Land in order to have access to the real property described in Exhibit "B" for the purpose of operating and maintaining a sewage pump station and force main located thereon, and for any other governmental purpose related thereto. ‘The existing sewage overflow (manually valved) shall be eliminated by the Owner at the Owner's expense. The Town and the Owner shall calculate the sewage generation utilizing ‘generally accepted engineering methodology. If it is reasonably determined by the Town engineer that the existing pump station needs to be upgraded or replaced, it shall be upgraded or replaced by the Owner. The air-conditioning condensate presently discharging into the sanitary sewer system shall be rerouted by the Owner into the storm sewer system, Exfiltration trenches subject to approval by the Town engineer shall be constructed along a portion of the perimeter of the Phase B parking area as depicted in the Plan, and intermittently along the soil stabilized cart path to dispose of any increase in stormwater runoff from those improvements. ‘The existing tunnel fo the beach area shall be evaluated for structural soundness by a Florida registered engineer and shall be improved as required. Owner and Club shall save,defend and hold the Town, its officers, agents, representatives and employees, harmless from any and all claims which may arise as a result of the presence or use of the tunnel. All applicable building, fire, and life safety codes shall be complied with prior to the commencement of Club operations, The Owner shall install an onsite fire hydrant as required by the Standard Fire Prevention Code. ‘The Owner shall install an approved fire detection and extinguishing system, All conditions herein are required to be met prior to commencement of Club operations and prior to the issuance of a Certificate of Occupancy for operation of a Club use. ARTICLE V PRINCIPLES OF PRESERVATION AND CRITICAL FEATURES ‘The principles of preservation and critical features specifically described in Chapters 2 and 3 of the Plan as amended shall be binding on the Owner and the Club and shall be enforceable in accordance with the terms of this Agreement, Prior to any changes to the grounds or exterior of the buildings, the Owner and/or the Club shall obtain a Certificate of Appropriateness from the Landmarks Preservation Commission prior to issuance of any permits. ‘The outdoor loggia shall not be structurally enclosed. ARTICLE VI MITIG. ION/NORTH BOUNDARY ‘The Owner shall install a solid masonry wall and landscaping along the Northern perimeter of the Land to serve as a noise and light buffer for the residents of Woodbridge Road, according to the specifications attached hereto and made a part hereof as Exhibit "C". Owner shall post surety in the amount of One Hundred Thirty-Five Percent (135%) of the cost of the improvements to be installed, The amount of the surety shall be provided through cost estimates, from the Owner and shall be subject to approval by the Town, The mitigation set forth herein shall be completed prior to commencement of Club operations and prior to issuance of the Certificate of Occupancy for Club use. No additional lighting shall be installed in the parking area bordering the Northern boundary, and no accumulation of kitchen refuse shall be allowed to be held in this area, ARTICLE Vit CLUB MEMBERSHIP LIMITATIONS At least fifty percent (50%) of the members of the Club shall consist of individuals ‘who maintain residences in the Town of Palm Beach or have places of employment in the Town of Palm Beach, An affidavit verifying this fact, and the guest suite occupancy interval and frequency limitations, and compliance with Article IX relating to establishment of the fiduciaryOR BG Pe BLS account, shall be filed with the Town on an annual basis on or before a date each year which coincides with the date the Certificate of Occupancy is issued to the Club. ‘The membership in the Club shall be limited to five hundred members; provided, however, such number may be adjusted in the reasonable discretion of the Town. In the event the trip generation limitation set forth in Article VIII is reached, membership at that time shall be frozen until measures are taken to reduce daily trips. ‘The Club shall not discriminate against any prospective member on the basis of race, color, religion, gender, national origin, handicap, age, or marital status. All Club facilities such as dining, tennis and golf shall require advance reservations. The Owners of Woodbridge Road residences shall have guest privileges at the Club without having to pay membership initiation fees; provided, however, they shall not be permitted to park on the Land while exercising their guest privileges. The foregoing shall run in perpetuity with the land of the Woodbridge Road residences. ARTICLE VIII TRAFRIC/SPECIAL EVENTS The total trip generation of the Club shall be limited to three hundred thirteen (313) daily trips based on an annual average of daily trips of the Club. Traffic monitoring by a method approved by the Town for the Club shall be performed by the Club on a daily basis and shall be available to the Town upon request. Monitoring devices approved by the Town shall be in place prior to issuance of a Certificate of Occupancy. The results of the monitoring during the first and third quarters of each year shall be averaged to determine the average annual daily trips of the Club, The Club shall reimburse the Town for the reasonable expense incurred by the ‘Town’s traffic consultant in reviewing the monitoring results, The monitoring results shall be supplied to the Town and the Palm Beach County ‘Traffic Division to assure compliance. The Club shall install, prior to commencement of Club operations and prior to issuance of a Certificate of Occupancy for Club use, a northbound left-turn storage lane to serve the Club’s entrance drive on Ocean Boulevard, subject to obtaining a permit from the Florida Department of Transportation. The Town, Owner, and Club jointly shall obtain such permit at the sole expense of the Owner and the Club, and the Owner and Club shall hold the Town harmless from any liability caused by the initial design and construction of the turn lane. If, after the Club is opened it is reasonably determined by the Chief of Police in consultation with the Town’s traffic consultant that a southbound right turn lane is necessary, the Owner and/or Club and the ‘Town shall use their best efforts to obtain a permit and to install such right turn lane. ‘The Club shall utilize a shuttle van to transport approximately forty percent (40%)OR GSE Ps BIO of the Club’s staff to assist in complying with the three hundred thirteen (313) daily trip limitation on an average annual basis Dining area seating shall be limited to seventy-five (75) seats. Special events shall be limited to three hundred ninety (390) individuals and shall occur strictly on weekends or after 6:00 p.m, on week days. At no time shall more than one (1) special event occur at the same time at the Club. Special events at the Club shall be coordinated with special events at the Bath and Tennis Club so that special events at the two (2) clubs scheduled on the same day shall commence at least one (1) hour apart, so that the overlap of peak traffic during special events is reasonably avoided. Tents may only be used for special events ‘upon approval of the Town Building and Zoning Director after presentation of satisfactory assurance that the attendance limitations will not be exceeded. Site ingress and egress shall be as proposed in the Plan. ‘The existing main entrance on Ocean Boulevard shall be used as an entrance only for both regular activities and special events at the Club; two (2) lanes of ingress shall exist on this entrance drive inside the ate, The existing service access on Ocean Boulevard shall be used as an exit only for both such regular activities and special events; two (2) lanes of egress shall exist on this exit drive inside the gale, A gate West of the existing Southern Boulevard gate shall be provided prior to commencement of Club operations and receipt of an occupational license for Club use, and shall be aesthetically identical to the existing gate, and the Owner and Club shall hold the Town harmless from any liability caused by the initial design and construction of the gate and driveway connection to Southern Boulevard, ‘The new Southern Boulevard gate shall serve as the primary entry and exit for staff and service vehicles, During special events the new Southern Boulevard gate may be used by members and guests for exiting if deemed necessary. Valet parking services shall be used at all times for all club events. Town of Palm Beach off-duty police shall be engaged to supervise traffic at all special events. Parking shall occur only in those areas so identified in the Plan and shall provide two hundred fifty-two (252) spaces. Any grass areas to be used for parking as well as the existing cart path shall be stabilized with "grass-crete" or an equivalent treatment, Said cart path shall be eighteen (18) feet in width. ARTICLE IX LIABILITY AND ABANDONME! OF CLUB USE Until the Club operates at a break-even point, or profitability for three (3) consecutive years, the Owner shall pay any and all real estate taxes, maintenance costs, insurance premiums, and similar expenses to the extent the Club is unable to meet such obligations. A separate fiduciary account shall be established by the Club into which ten percent (10%) of all gross revenues from the guest suites shall be deposited and used exclusively for maintenance and restoration purposes.OR BSSt fe Git If the Club use is unintentionally abandoned for a period of one (1) year after the Club has been in operation, or is intentionally abandoned at any time, the use of the Land shall revert to a single family residence and the ownership of the Owner, Bylaws and or documents relating to the Club membership shall include an agreement to be executed by Club members acknowledging their understanding of and consent to the terms of this agreement, and specifically agreeing to the reversion of the Land to Owner, and its return of the Land to use as a single family residence, in the event of intentional or unintentional abandonment of the Club use. Owner, Club, and Club members shall agree to hold the Town harmless from any liability or claim against the Town resulting from the enforcement of the terms of this Agreement, the reversion to single family use, the reversion to Owner or any other claims resulting therefrom: ‘Additionally, the three (3) paragraphs set forth above shall be set forth in the [Articles of Incorporation of the Club and said provisions of the Articles shall not be amended without consent of the Town. (CIAL STUDIES/MO! REIMBURSEMENT FOR (TORING The Owner or Club shall reimburse the Town for any reasonable costs incurred by the Town’s consultants in their review of monitoring in compliance with the conditions set forth herein and the reasonable costs associated with the review of the Application, ARTICLE XI REMEDIES FOR VIOLATION ‘The Town shall have all remedies available at law and equity in order to enforce the terms of this Agreement including but not limited to (a) the Town’s code enforcement procedures of the Code of Ordinances through the Code Inspector, Code Enforcement Officer, and Code Enforcement Board; and (b) the Town may initiate action to revoke the Club's occupational license pursuant to applicable provisions of the Town Code, and (c) all remedies otherwise offered in the Town’s Code of Ordinances; and (d) injunction, specific performance, and any and all other equitable relief through the civil courts in and for Palm Beach County for the State of Florida. In the event the Town is required to seek injunctive relief, it shall not be required to post bond and it shall not be required to demonstrate irreparable harm or injury to secure an injunetion to enforce the terms of this Agreement, Additionally, in the event of any breach, default or non performance of this Agreement, or any of its covenants, agreements, terms or conditions, the Town shall be entitled to recover its costs, expenses and reasonable attorneys" fees insofar as the Town prevails, either before or as a result of litigation, including appeals.ORS “Fa ee GIS ARTICLE XI PROVISIONS TO RUN WITH LAND/RECORDING ‘This Agreement shall run with the Land and shall be binding upon the Owner, the Club, and their respective heirs, legal representatives, successors and assigns. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida upon full execution by the parties hereto. ARTICLE XII ENTIRE AGREEMENT ‘This Agreement represents the entire agreement between the parties as to its subject, matter and it may not be amended except by written agreement executed by both parties. TICLE XIV MISCELLANEOUS Wherever the word "laws" appears in this Agreement it shall be deemed to include all ordinances, rules and regulations as well as laws of the appropriate governmental authorities, ‘This Agreement may not be amended except by written instrument signed by all parties hereto. Paragraph headings are inserted for convenience only and shall not be read to enlarge, construe, restrict or modify the provisions hereof. All references to numbered or lettered paragraphs, subparagraphs and exhibits refer (unless the context indicates otherwise) to paragraphs and subparagraphs of this Agreement and to exhibits attached hereto, which exhibits are by this reference made a part hereof. ‘This Agreement shall be binding upon the parties hereto and upon their successors, assigns, heirs and personal representatives. In the event of the invalidity of any provision of this Agreement, same shall be deemed stricken hereftom and this Agreement shall continue in full force and effect as if such invalid provision were never a part hereof. ‘This Agreement shall be governed by and construed in accordance with the laws of the State of Floridaop BSS Pe BES IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first written above, Signed, sealed and delivered in the presence of: S2Y Gar EW Lol ~~ Paul R. Hyingky, Mayor Maw Neb wwe Town Council ee PALM BEACH oS President By: | jonald J. TrumpORE [ATE OF FLORIDA COUNTY OF PALM BEACH 1e foregoing instrument was acknowledged before me this /© day of , 1993, by Paul R. Hyinsky, the Mayor of The Town of Palm Beach, a I corporation, on behalf of the corporation, He is personally known to me or has produced Florida Driver's License Number as. identification and who did not take an oath. fture of Notary Publi 4ace. (- lefees Printed Name of Notary Public CommissionNo: CCAGlA3/ Commission Expires: omcaat FAR seat (GEAGHTHoTENS STATE OF FLORIDA coneission NO. Csr sey COMMISION EXP AR 271097 COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 77 day of , 1993, by M. William Weinberg, the President of The Town of Palm Beac{/A Florida municipal corporation, on behalf of the corporation, He is personally known, to me or has produced Florida Driver’s License Number fgnature of Ae: as identification and who did not take an oath. a Chace 7 férees Printed Name of Notary Public Cab 23) Commission No.: 2 Commission Expires: 10 f omen Gian connlision No, cede |nsauieies SimoR Bad Ps bo STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 70 day of , 1993, by Robert J. Doney, the Town Manager of The Town of Palm Beacl/a Florida municipal corporation, on behalf of the corporation, He is personally known _ to me or has produced Florida Driver's License Number as identification and who did not take an oath. Printed Name of Notary Public Commission No: CORE 13 2/ ‘Geer rn COMMISION No: can ‘COMMISION XE MAE Sin STATE OF __\oeas Coe COUNTY OF Sens Nor ‘The foregoing instrument was acknowledged before me this 2\ day of A , 1993, by Donald J. Trump, President of The Mar-a-Lago Club, Inc., a PloHda corporation, on behalf of the corporation. He is personally known to me or has produced iN Driver’s License Number 0G. a Ideniffcaion and who did not take an oath (0. \ Signature of Notary Public 4/7 aT - O53. Printed Name of Notary Public Commission No.: 81- 4-14 3494 Commission Expires: 4/30/43 NORMA FOERDERER, Notary Punt, Staten Wave Yorke " io Sisarasage usted in Now Yor C= ‘Comission Expire Sept 30, 193os BOPi te = STATE OF lore. COUNTY OF __$5en:5 (frst ‘The foregoing instrument was acknowledged before me this sist day of \ a » 1993, by Donald J. Trump, who is personally known to me or has proditted thus Driver’s License Number 39d.0644 4s identification and who did not take an oath, Signature of Notary Public Bera TL. Foexrcloxwe Printed Name of Notary Public. Aqd 3494 Commission Expires: [36/43 Commission No.: 41+ NORMA, FOERDERER Notary Public, Stato of New York No, 31-4743404 Quatitiad in New York Go Commiasion Expires Sept. 30, 1943 APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE TOWN OF PALM BEACH 12CONSENT AND JOINDER OF MORTGAGEE, ‘The below referenced Mortgagee hereby consent to the Declaration of Use Agreement and its recordation, MORTGAGEE Hecbert A- Kolbe, Ere FT. Ekeroth pisiriel “SFATE-OF lumbios , th Geer or Washinafon f . The foregoing instrument was acknowledged before me this 2% By of! Nori soy Troms © Censor Un lakir Dede ose Co on behalf of the ™Eeckinsis personally known, \e9 OF Ths produced. Driver’sLicenseNumber as identification and who did not take an oath - Der ame ignature offNotary Public Lavolya. Q. Williams Printed Nathe of Notary Public Lavolya A. Wiliams Commission No.: __ Notary Pili, District of Columba Ty Commission Expires Nov. 14, 1998 Commission Expires: 13oe SePS Ps EXHIBIT Being all that part of the North 610.00 feet of the South 1170.00 feet of Government Lot 2 of Section 35, Township 43, South, Range 43 East, in the Town of Palm Beach, Palm Beach County, Florida, lying West of Ocean Boulevard (State Road AIA) Right of Way and more particularly described as follows, to-wit: Beginning at a point on the West face of an existing seawall on the East shore of Lake Worth, which point is 560.00 feet North of, measured at right angles, to the South line of Government Lot 2 of said Section 35; thence North 6°09°22" West along the West face of said seawall for a distance of 77.32 feet; thence North 10°23°23" East along the West face of said seawall for a distance of 539.50 feet to a point in the South line of BINGHAM-COPP TRACT, a subdivision recorded in Plat Book 18, Page 6, Palm Beach County Public Records; thence run South 88°12°07" East along the South line of said BINGHAM-COPP TRACT for a distance of 1134.10 fet to a point in the Westerly right-of-way line of Ocean Boulevard (State Road ALA); thence run South 0°09°07" East for a distance of 82,59 feet to a point of curvature; thence run Southerly along the are of a curve concaved to the Southwest having a radius of 1412.69 feet and a central angle of 3°03'00" for a distance of 75.20 feet to a point of tangency; thence run South 2°53’53" West for a distance of 176.28 feet to a point of curvature; thence run Southwesterly along the are of a curve concaved to the Northwest having a radius of 2968,36 feet and a central angle of 2°27°30" West for a distance of 127.36 feet to a point of compound curvature; thence continue Southwesterly along the arc of a curve, concaved to the Northwest having a radius of 158.68 feet and a central angle of 86°26°30" for a distance of 239.40 feet to a point of tangency; thence run North 88¢12°07" West along the North line of Southern Boulevard (State Road 80) for a of 1040.43 feet to the POINT OF BEGINNING, containing 16.3760 Actes, more or less; and ‘The West one-half (W 1/2) of Lot 20 and the South 15 feet of the East one-half (E 1/2) of Lot 20 and the South 15 feet of the West one-half (W 1/2) of Lot 21, all in BINGHAM-COPP ‘TRACT, a subdivision in the Town of Palm Beach, Palm Beach County, Florida, as recorded in Plat Book 18, Page 6, Palm Beach County Public Records, containing 0.1894 acres, more or less; Together with an easement for the use of the tunnel under South Ocean Boulevard (State Road AIA) as described in that certain Quit Claim Easement Deed recorded in Official Record Book 2327, Page 1970 of the Palm Beach County Public Records; and Being the South 358.00 feet of the North 403.00 feet of the South 1170.00 feet of Government Lot 2, Section 35, Township 43 South, Range 43 East, Palm Beach County, Florida, lying East of Ocean Boulevard (State Road ALA) as now laid out and in use; together with all riparian and littoral rights, if any, thereunto appertaining, 14EXHIBIT "B" Leaal, DESCRIPTION OR GPL Pe BA 01 of land lying within the Morth 610.00 feat of the south 0 feet of Government Lot 2 of section 35, Township 43 south, Range 43 Bast in the Town of Palm Beach, Palm Beach county, Florida, 1ying weet of Ocean Boulevard (8.R. AIA) Right-of-way and nore particularly described as follows, to witt ~ Commencing at a point in the West face of an existing seavall on of Lake Worth, which point is 560.00 feet Worth of, the south line of Government Lot 2 of * 2/07" B, parallel to said south line of Government Lot 2 (all other bearings refer thereto) a distance of 443.27 feet, to the Point of Beginning of the centerline of a strip of land being 12 feet in width; thence M 15° 22) 28" E along said centerline, a distance of 58.28 feet to a point hereinafter called Point ‘A’ and the Point of Termination of said centerline TOGETHER WITH Beginning at the above described Point ’a’; Thence 8 88° 58 2/"R a distance of 8.37 feet; Thence N Ol° Ol 39° Ba distance of 20.0 teat; Thence H 88°58 Z\"W a distance of 20.0 feet; Thence 6 O1° Ol 39° W a Aistance of 20.00 feet; Thence 6 86°58’ 2\" Ea distance of 11.63 } To the Point of Beginning. CERTIFICATION (NOT VALID UNLESS SEALED WITH EMBOSSED SURVEYOR'S SEAL) I HEREBY CERTIFY that the Description and Sketch of the Property shown hereon was completed under ay direction and that ‘said description te on May 27,1993, "i true” and correct tothe best of ay knowledge and belief. I YURTHBR CERTIFY that this Description and Sketch eats the MINIMUM TECHNICAL STANDARDS POR SURVEYS set forth by the PLORIDA BOARD OP LAND SURVEYORS pursuant to Section 472.027 Florida State Statutes, NO SEARCH OF THE PUBLIC RECORDS has been Office. the description te b ed by client or client's repr: Date of Signature” inh, Bhutto Registered Land Surveyor ida Certificate Ro, 2700 “10 40 Kays) OWEN SH3CHOORE ‘anes vayn fuooejspesun wus This legal description is to be attached to and made a part of the sketch, » |__| Hutcheon Engineers |_>77->> |. ‘A DIVISION OF KIMLEY-HORN AND ASSOCIATES, INC. a a © 009 WALEY-HOR WO ASSOOATES, BEon Ga 20,007 NESE 2 iW 2007 Sorersow NO! 0139 -E S88'58'2) "E ~ 20.00" Nv TERMINUS POINT OF V2" STRIP 0287. L | fern SOUTHERN BLVO sesio7e SOUTH LINE GOVT. LOT 2 7 SEC.36, TWPAS'S0,RGE. ABE. SEC. 2, WP 44 S0,RGE.4BE. : THIS DRAWING DOES NOT REPRESENT A FIELD Sonvey wo 1 ‘ON OFFICE INFORMATION ONLY, -Peneoes vaya harsesqesun uawnoop jo ANsgi6e7 OMG H SH3CHOOSH 1 This sketch is to be attached to and made a part of the lega description. a (OF KIMLEY=HORN AND ASSOCIATES, INC. OMG eos Raney net 0 HEROD, MO. +43 ubancaDeno OVE. WEST PAL BEACH, FL 9407,OR SPE Ps Sot DOROTHY H. WILKENs CLERK PB COUNTY: FL EXHIBIT "C" WOODBRIDGE ROAD MITIGATION SPECIFICATION 1. Construct a 670" high solid, concrete block and stucco wall adjacent to the Loomis southern property line continuing along the Mar-a-Lago property line until it intersects the seawall at its western limits. This wall will be wholly constructed on Mar-a-Lago property. 2, To remove the Australian pine hedge and fence currently in place behind the Loomis property on an East/West axis. 3. To install a solid hedge row of Mimusops Roxberghiana (kanapali) or Conocarpus Erectus (silver buttonwood) var, sercius, the genus and species to be decided upon based on the availability at the time of installation, The hedge row will be 12° (twelve feet) at the time of planting. Spacing of plant materials will follow sound horticultural practices usual for the species selected in order to maximize the potential growth characteristics of each plant consistent with the buffering objective (i.e., Mimusops, 2 plants per hold at 30" o.c., buttonwood double staggered row at 4” o.c., calophyllum, 5? 0.c,) 4. A setback from the wall to the hedge row material, consistent with the location of the footing and its width, A 24-36" setback is anticipated. 5. A maintained height of 20° (twenty feet) maximum, with periodic pruning during the warmer months on a twice yearly basis or more frequently if necessary to encourage growth and density. The minimum maintained height of 12° (twelve feet) used at installation, will be used as a minimum maintained height during pruning operations, 6. That maintenance of the hedge will follow a prescribed schedule of fertilization; 4 times per year with an approved 50% organic 12-16-8 or equivalent formula which may vary with seasonal needs. 7. Existing plant materials beyond the Loomis property in the buffer (moving in a westerly direction) will be retained unless they are in the way of construction, Some specimen trees in the rear yards of the neighboring properties are greater than 30° (thirty feet) in height. It would be almost impossible to replace this existing buffer. Replace current 4-1/2 to 3” Ficus Nitida hedge with a 6° conerete block wall as previously described. 8. Further West from the existing 30° hedge, to continue the 6” masonry wall to the seawall while installing a 6° Ficus Nitide hedge on the South side of the hedge beyond the staff quarters building. 7JONES, FOSTER, JOHNSTON & STUBBS, P.A. [ATTORNEYS AnD CouNsELORS FLAGLER CENTER TOWER mesure tou, WEST Pala BEACH, FLOMDA 93401 vt EEA een WEST PALA HEAGH, PLORIOA 23900-3475 ems scnee ne ‘sor 6503000 Ta faxstaor aae4s4 aang nue May 17, 1995 Ms. Mary Pollitt Town Clerk Town of Palm Beach Post Office Box 2029 Palm Beach, Florida 33480 RE: Town of Palm Beach Donald J. Trump; Mar-A-Lago Club Special Exception No. 11-93 Our File No. 13156.6 Dear Mary: I deliver for filing with the Town the original Declaration of Use Agreement, dated August 10, 1993, in regard to the above referenced matter, recorded April 6, 1995, in official Record Book 8691, Page 802, of the public records of Palm Beach County. I will keep a copy of this in my file, but I believe the Town should maintain the original. Sincerely, JONES, ZOSTER, JOHNSTON & STUBBS, P.A. fonn Cy Rando1ph JCR/ssm Enclosure cc: Robert J. Doney, Town Manager