R24-231 1 RESOLUTION NO. R24-231
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE
5 TEMPORARY PARKING AGREEMENT (NORTH PARCEL) FOR THE USE
6 OF THE GRAVEL LOT WEST OF THE NORTH PARCEL WITH BOYNTON
7 BEACH TOWN CENTER APARTMENTS I LLC, BOYNTON BEACH TOWN
8 CENTER APARTMENTS II LLC, BOYNTON BEACH TOWN CENTER
9 APARTMENTS III LLC, BOYNTON BEACH TOWN CENTER
10 APARTMENTS IV LLC, BOYNTON BEACH TOWN CENTER
11 APARTMENTS V LLC, BOYNTON BEACH TOWN CENTER APARTMENTS
12 VI LLC, BOYNTON BEACH TOWN CENTER APARTMENTS VII LLC,
13 BOYNTON BEACH TOWN CENTER APARTMENTS VIII LLC, AND
14 BOYNTON BEACH TOWN CENTER APARTMENTS IX LLC;AND FOR ALL
15 OTHER PURPOSES.
16
17 WHEREAS, Boynton Beach Town Center Apartments I, LLC, Boynton Beach Town Center
18 Apartments II, LLC, Boynton Beach Town Center Apartments III, LLC, Boynton Beach Town Center
19 Apartments IV, LLC, Boynton Beach Town Center Apartments V, LLC, Boynton Beach Town Center
20 Apartments VI, LLC, Boynton Beach Town Center Apartments VII, LLC, Boynton Beach Town Center
21 Apartments VIII, LLC, and Boynton Beach Town Center Apartments IX, LLC (collectively the
22 "Owner") owns that certain real property located in Boynton Beach, Palm Beach County, Florida;
23 and
24 WHEREAS, the City and Boynton Beach Town Center Apartments LLC entered into that
25 certain Temporary Parking Easement Agreement (North Parcel) made and executed as of March
26 2, 2023, as the same was assigned by that certain Assignment of Temporary Parking Easement
27 Agreement (North Parcel) made and entered into as of April 10, 2023, by and between Boynton
28 Beach Town Center Apartments, LLC and Owner, with an effective date of April 18, 2023 (the
29 "North Parcel Parking Easement"), granting a temporary exclusive easement for use by City over
30 and across a portion of the North Parcel Property for the purpose of providing at least 198 parking
31 spaces for use by City (as set forth in the North Parcel Parking Easement); and
32 WHEREAS, the City has requested consent from the Owner to utilize property known as
33 "Parcel 1," which is owned by the Owner and located adjacent to the North Parcel Property, for
34 parking use by the City in accordance with the terms and conditions set forth in the North Parcel
35 Parking Easement; and
36 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
37 best interests of the city's citizens and residents to approve a First Amendment to the Temporary
38 Parking Agreement (North Parcel) for the use of the gravel lot west of the North Parcel with
39 Boynton Beach Town Center Apartments I, LLC, Boynton Beach Town Center Apartments II, LLC,
40 Boynton Beach Town Center Apartments III, LLC, Boynton Beach Town Center Apartments IV, LLC,
41 Boynton Beach Town Center Apartments V, LLC, Boynton Beach Town Center Apartments VI, LLC,
42 Boynton Beach Town Center Apartments VII, LLC, Boynton Beach Town Center Apartments VIII,
43 LLC, and Boynton Beach Town Center Apartments IX, LLC.
44
45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
46 BEACH, FLORIDA, THAT:
47 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
48 being true and correct and are hereby made a specific part of this Resolution upon adoption.
49 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
50 approve a First Amendment to the Temporary Parking Agreement (North Parcel) for the use of
51 the gravel lot west of the North Parcel with Boynton Beach Town Center Apartments I, LLC,
52 Boynton Beach Town Center Apartments II, LLC, Boynton Beach Town Center Apartments III, LLC,
53 Boynton Beach Town Center Apartments IV, LLC, Boynton Beach Town Center Apartments V, LLC,
54 Boynton Beach Town Center Apartments VI, LLC, Boynton Beach Town Center Apartments VII, LLC,
55 Boynton Beach Town Center Apartments VIII, LLC, and Boynton Beach Town Center Apartments
56 IX, LLC (the "Amendment"), in form and substance similar to that attached as "Exhibit A."
57 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
58 authorizes the Mayor to execute the Amendment and such other related documents as may be
59 necessary to accomplish the purpose of this Resolution.
60 SECTION 4. One fully executed original of the Amendment shall be retained by the City
61 Clerk as a public record of the City. A copy of the fully executed Amendment shall be provided
62 to Gail Mootz to forward to the Owner.
63 SECTION 5. This Resolution shall take effect in accordance with law.
64
65 PASSED AND ADOPTED this / 61-
day of 00ber 2024.
66 CITY OF BOYNTON BEACH, FLORIDA
67 YES NO
68 Mayor—Ty Penserga
69
70 Vice Mayor—Aimee Kelley
71
72 Commissioner—Angela Cruz
73
74 Commissioner—Woodrow L. Hay
75
76 Commissioner—Thomas Turkin
77
78 VOTE -0
79 ATTEST.
80
81 Jf, _ !b 24DL
82 Maylee De es' MPA, M Ty =j
83 City Clerk May.r
84
85 APPROVED AS TO FORM:
86 (Corporate Seal)
87
88 Ado J. oii776
89 Shawna G. Lamb
90 City Attorney
FIRST AMENDMENT TO TEMPORARY PARKING AGREEMENT
(NORTH PARCEL)
This First Amendment to Temporary Parking Agreement (North Parcel)
("Amendment")is made as of the /S' day of DG-}obe., 2024 by and between CITY
OF BOYNTON BEACH, a Florida corporation (the "City"), and BOYNTON BEACH
TOWN CENTER APARTMENTS I LLC, BOYNTON BEACH TOWN CENTER
APARTMENTS II LLC, BOYNTON BEACH TOWN CENTER APARTMENTS III
LLC, BOYNTON BEACH TOWN CENTER APARTMENTS IV LLC, BOYNTON
BEACH TOWN CENTER APARTMENTS V LLC, BOYNTON BEACH TOWN
CENTER APARTMENTS VI LLC, BOYNTON BEACH TOWN CENTER
APARTMENTS VII LLC, BOYNTON BEACH TOWN CENTER APARTMENTS
VIII LLC,and BOYNTON BEACH TOWN CENTER APARTMENTS IX LLC,each
a Florida limited liability company, as tenants in common (collectively,the "Owner").
WHEREAS, the Owner owns that certain real property located in Boynton Beach,
Palm Beach County,Florida described on Exhibit A attached hereto and made a part hereof
(the"North Parcel Property");
WHEREAS, City and Boynton Beach Town Center Apartments LLC entered into
that certain Temporary Parking Easement Agreement(North Parcel)made and executed as
of March 2, 2023, as the same was assigned by that certain Assignment of Temporary
Parking Easement Agreement (North Parcel) made and entered into as of April 10, 2023
by and between Boynton Beach Town Center Apartments LLC and Owner, with an
effective date of April 18, 2023 (the "North Parcel Parking Easement"), granting a
temporary exclusive easement for use by City over and across a portion of the North Parcel
Property (as set forth in Exhibit C to the North Parcel Parking Easement) for the purpose
of providing at least 198 parking spaces for use by City (as set forth in the North Parcel
Parking Easement);
WHEREAS, City has requested consent from Owner to utilize property known as
"Parcel 1," further described in Exhibit B attached hereto and made a part hereof, which
is owned by Owner and located adjacent to the North Parcel Property, for parking use by
City in accordance with the terms and conditions set forth in the North Parcel Parking
Easement.
NOW, THEREFORE, in consideration of the receipt of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and the mutual promises contained in this Amendment, the parties hereto
hereby agree as follows:
1.0 Addition of Parcel 1 to Easement Property
1.1 City hereby requests and Owner hereby approves City's request to add Parcel 1, as
further described in Exhibit B attached hereto, to the definition of "Easement
Property" set forth in the North Parcel Parking Easement. Commencing on the date
1
hereof, the definition of"Easement Property" shall be deemed to include both the
North Parcel and Parcel 1, and all references to the "Easement Property" in the
North Parcel Parking Easement shall include both the North Parcel and Parcel 1.
2.0 Maintenance
2.1 The following sentence is added to the end of Section 5(b) of the North Parcel
Parking Easement:
"Notwithstanding anything to the contrary contained in this Easement, City shall
be responsible to repair, and shall indemnify Grantor, for any damage, including
waste, arising from City or any of City's employees, agents, contractors, guests, or
invitees use of the Parking Easement."
3.0 Miscellaneous
3.1 No provision of this Amendment may be changed,waived, destroyed or terminated
orally by telephone or any other means except by an instrument in writing signed
by the party to be charged thereto.
3.2 This Amendment shall be binding and inure to the benefit of any heirs, successors
and assigns of the City.
3.3 Each party executing this Amendment hereby represents and warrants to the other
party that the individual executing this Amendment on behalf of such party has the
full power and authority to sign this Amendment on behalf of such party and to
bind such party to the terms and conditions of this Amendment.
3.4 This Amendment may be executed in any number of counterparts, each of which
shall be effective only upon delivery and thereafter shall be deemed an original,
and all of which shall be taken to be one and the same instrument, for the same
effect as if all parties hereto had signed the same signature page. Any signature
page of this Amendment may be detached from any counterpart of this Amendment
without impairing the legal effect of any signatures thereon and may be attached to
another counterpart of this Amendment identical in form hereto but having attached
to it one or more additional signature pages. Signatures hereto may be evidenced
by facsimile transmission or electronic mail in portable document format("PDF"),
the same of which shall be treated as originals.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date above first written.
City: CITY OF BOYNTON BE H
By: lr /Ow' //vo Ill
Name: T -ns- g. ayor
Owner: BOYNTO BEACH TOWN CENTER APARTMENTS I LLC,
BOYNTON BEACH TOWN CENTER APARTMENTS II
LLC, BOYNTON BEACH TOWN CENTER APARTMENTS
III LLC, BOYNTON BEACH TOWN CENTER
APARTMENTS IV LLC, BOYNTON BEACH TOWN
CENTER APARTMENTS V LLC, BOYNTON BEACH
TOWN CENTER APARTMENTS VI LLC, BOYNTON
BEACH TOWN CENTER APARTMENTS VII LLC,
BOYNTON BEACH TOWN CENTER APARTMENTS VIII
LLC, and BOYNTON BEACH TOWN CENTER
APARTMENTS IX LLC, as tenants in common
By:
Name: Robert Kantor
Title: Co-Manager
3
EXHIBIT A
NORTH PARCEL PROPERTY DESCRIPTION
Parcel 2, Plat of Boynton Beach Town Square, according to the Plat thereof recorded in
Plat Book 127, Pages 1 through 5 in the Public Records of Palm Beach County, Florida.
4
EXHIBIT B
PARCEL 1
Parcel 1, Plat of Boynton Beach Town Square, according to the Plat thereof recorded in
Plat Book 127, Page 1 in the Public Records of Palm Beach County, Florida.
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