R07-043
"
1 RESOLUTION NO. R07- oi3
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE
5 MAYOR AND CITY CLERK TO EXECUTE A
6 PROPERTY AGREEMENT BETWEEN THE CITY OF
7 BOYNTON BEACH, BOYNTON BEACH PROPERTY
8 PARTNERS AND ST. MARK CATHOLIC CHURCH TO
9 PROVIDE A MECHANISM TO STATE THE
lO DEVELOPER'S INTENTIONS AND THE CITY'S
II AGREEMENT TO ABANDONMENT; AND PROVIDING
12 FORAN EFFECTIVE DATE.
13
l4
15 WHEREAS, Boynton Beach Property Partners is a private developer pursumg
l6 development of parcels of land bounded by Federal Highway on the west, NE 6th Avenue on
17 the north, NE 4th Avenue on the south and an alley to the east and adjacent to St. Mark
18 Catholic Church; and
19 WHEREAS, the Developer desires to use the alley property for the development; and
20 WHEREAS, the City encourages developers to consider the abandonment and use of
21 non-essential alleys and other rights of way for private development; and
22 WHEREAS, the City Commission upon recommendation of staff, deems it
23 appropriate to approve and authorize the Mayor and City Clerk to enter into the Property
24 Agreement, the primary purpose of which is to provide a mechanism to publicly state the
25 developer's intentions and the City's agreement that it would be amenable to final
26 abandonment between the City of Boynton Beach, Boynton Beach Property Partners and St.
27 Mark Catholic Church.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\BBPP St Marks Agreementdoc
I
II
TT
1
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
4
5 hereby approve and authorize the Mayor and City Clerk to enter into the Property Agreement,
6 the primary purpose of which is to provide a mechanism to publicly state the developer's
7 intentions and the City's agreement that it would be amenable to final abandonment between
8 the City of Boynton Beach, Boynton Beach Property Partners and St. Mark Catholic Church, a
9 copy of which is attached hereto and made a part hereof as Exhibit "A".
lO
Section 3.
This Resolution shall become effective immediately upon passage.
II PASSED AND ADOPTED this ~ day of April, 2007.
l2
13
14
l5
l6
l7
l8
19
20
2l
22
~~ ~
26
27
28
29
30 ATTEST:
31
32 ~
~~ (_ Jan
35 (COrpof~~~S~Mh
.:~. 'J~;:;~'":~";\ ~,'<,:;r~">':":
.-~.,
t Marks Agreementdoc
i I
/(0 7-0 t..J-3
PROPERTY AGREEMENT
THIS AGREEMENT ("this Agreement"), made as of the _ day of April, 2007, by and among
BOYNTON BEACH PROPERTY PARTNERS, a Florida limited liability company, with offices at
5473 Grand Park Place, Boca Raton, Florida 33486 ("BBPP"), ST. MARK CATHOLIC CHURCH, a
Florida ecclesial corporation, with offices at 643 Northeast Fourth Avenue, Boynton Beach, Florida
33435-4196 (the "Church"), and THE CITY OF BOYNTON BEACH, FLORIDA, a Florida
municipal corporation, with offices at 100 East Boynton Beach Boulevard, Boynton Beach, Florida
33425-0310 (the "City"), is based upon the following
R E C I TAL S:
A. This Agreement concems a parcel of real property situated in the City of Boynton Beach,
Palm Beach County, Florida, more particularly described on Exhibit "A" attached hereto and thereby
made a part hereof (the "Alley");
B. A recent examination of title to the Alley, as performed by First American Title
Insurance Company, has disclosed that although portions of the Alley have been owned from time to time
by BBPP and the Church and/or their respective predecessors in title, the Alley has also been the subject
of several recorded plats under which portions of the Alley were dedicated to the public;
C. In addition, portions of the Alley have been conveyed by deed to the City, the Alley has
been utilized by the City (and through the City, the public) as a alley thoroughfare and right of way for
public purposes, and the City has caused utility lines to be placed over and under portions of the Alley;
D. By virtue of the foregoing facts, events and circumstances, the City may have acquired a
higher quality of title to the Alley evidenced by the recorded plats and/or to additional areas of the Alley,
both by deed and under claim of adverse possession;
E. BBPP is the owner of the property abutting the Alley along its Westerly boundary (the
"BBPP Property") and the Church is the owner of the property abutting the Alley along its Easterly
border (the "Church Property");
F. BBPP desires to redevelop the BBPP Property as a mixed-use project (primarily
including residential apartments, either rental or condominium or both) with related amenities, including
but not limited to commercial space on the ground floor thereof (collectively, the "Project") and to
acquire and utilize the Alley in connection with and in support of the Project;
G. Provided that arrangements are made to relocate the existing utilities and protecting them
through appropriate easements, the Alley can be legally vacated by the City, upon the filing of an
appropriate application and compliance with the City's rules and procedures with respect to such
vacations, and
H. The Church has indicated that it supports the Project and that, upon the vacation of the
Alley, it will convey all right, title and interest that it already owns or hereafter acquires through such
vacation with respect to the Alley to BBPP, at such time and in return for the consideration described
below,
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are
hereby mutually acknowledged, BBPP, the Church and the City do hereby acknowledge, confirm and
memorialize their mutual understandings in the following
WPB:285456:1
AGREEMENT:
1. Within thirty (30) days following the execution of this Agreement, BBPP will make
application (the "Abandonment Application") to the City for the vacation of the Alley (the "Vacation").
If the Church is a necessary party for the Abandonment Application, BBPP shall be authorized to execute
the Abandonment Application on the Church's behalf, such authorization being limited to the
Abandonment Application and to the prosecution thereof, culminating in the Vacation.
2, Upon the adoption by the City Commission of an ordinance approving the Vacation (the
"Vacation Ordinance") and the recording thereof in the public records of Palm Beach County, the
Westerly portion of the Alley, as described on Exhibit "A" to this Agreement, will belong to BBPP and
the Easterly portion of the Alley, as described on Exhibit "B" to this Agreement, will belong to the
Church (the "Church's Portion"), In approving the Vacation, the Alley shall remain subject to a twenty
(20) foot easement along the Westerly boundary of the Alley that will be reserved by the City for the
maintenance, repair and replacement, from time to time, of the public utility lines and facilities that are
located under, on and/or over portions of the Alley; provided, however, that if any of such utilities need to
be relocated in connection with BBPP's implementation of the Approved Site Plan (as defined below),
the City will permit such relocations in accordance with applicable City guidelines.
3. Within L) days following the execution of this Agreement, BBPP will make
application (the "Site Plan Application") to the City for approval of BBPP's site plan for the Project
("Site Plan Approval"), Prior to the submission of such Site Plan Application, BBPP shall provide the
Church with a copy of the site plan to which such Site Plan Application relates, for review by the Church.
Provided that such site plan reflects the components described in Recital F above, the Church will
support, and not object to, the City's granting of Site Plan Approval with respect to such site plan (the
"Approved Site Plan"). BBPP will diligently pursue Site Plan Approval until it is obtained, reserving
the right to make non-substantial modifications thereof as may be directed by the City from time to time,
and providing copies of any such modifications to the Church.
4. Within ten (10) days following, as applicable, (a) the lapsing of the period from which an
appeal of the Site Plan Approval can lawfully be taken with no such appeal being taken or (b) the date
upon which any appeal filed during such period is finally concluded, BBPP will pay the sum of
$ to the Church and the Church will convey to BBPP all right, title and interest in the
Church Portion that the Church will have received from the City from the Vacation of the Alley;
provided, however, that if the Site Plan Approval is not obtained by , 2007 or in the event
that BBPP decides to abandon the Project prior to that date, then this Agreement will terminate, as
between BBPP and the Church.
5, Upon receipt of title from the Church to the Church's Portion of the Alley, BBPP will
provide the Church with an easement, in recordable form, that will provide the Grantees (as defined
below) Church with ingress and egress to the Alley and the right to transverse the paved portion of the
Alley, either as pedestrians or in motor vehicle, in such areas, at such times and upon such other
conditions as BBPP shall reasonably determine, in order to avoid accidents and mishaps for the Grantees
(for which the Church shall indemnify BBPP, except for claims arising out of BBPP's negligence) and
assure the use of the Alley for the primary purpose of servicing the Project, while allowing for limited
access to and from the Church Property. As used herein, the term "Grantee" shall mean such individuals
who are members or are otherwise associated with the Church, as employees, vendors, guests and
invitees.
6, Upon the initiative of the Church at any time, BBPP shall support, and not object to, any
application that may be made by the Church to the City for changing the name of 4th Street to St. Mark's
WPB:285456: 1
Place or such other name as the Church may designate for the purpose of enhancing the name recognition
and accessibility of the Church within the Boynton Beach community.
7. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
day and year first above written.
BBPP:
BOYNTON BEACH PROPERTY PARTNERS LLC
By:
Jeffrey Sussman
Manager
CHURCH:
ST. MARK CATHOLIC CHURCH
By:
Name:
Title:
CITY:
CITY OF BOYNTON BEACH, FLORIDA
.CITY ATTORNEY
WPB:285456:1
REVISIONS
SKETCH AND DESCRITION
AREA OF ABANDONMENT
EAST SIDE
I \
N
r0~
f-U
00
..J..J
co
N
<:J~
f-U
00
1 ..J ..J
p.o.e. co
I 589034' 0 litE
16.64'
EASTERL Y EXTENTION
OF SOUTHERLY LINE OF
LOT 3. BLOCK 2
P.B. 12. PG. 68, P.B,C.R.
P .O.C.
SE CORNER
LOT 3. BLOCK 2
CIVIC CENTER SUBDIVISION
P.B. 12. PG, 68. P.B.C.R,
589034'Ol"E
3.65'
NORTHERL Y EXTENTlON OF
EASTERL Y LINE OF LOT 1.
R.S.MERRITT SUBDIVISION
SW CORNER
LOT 4, BLOCK 2
P.B. 12. PG. 68. P.B.C.R,
N
0:-
f-WI-
020
..J gs ...J
U
W
2
f-
o
..J
WEST 21.3'
EAST 16.64'
~ 0
0:
:::l
I
U
u
::i
o
I
1--
<l:
o V
:x::
0:
f- <l:
o ::E
..J ~
If)
N
f-
o
..J
0 ~
0
d a:;
0 ~
rt) CO
0-
ffii
0\
0-
~
.
Of-
qo
O..J
-
rt)
r0
f-
o
..J
<:J
f-
o
..J
<.0
I
L?
:::l
o
0:
I
I-
(j)
f-
>- 0
W ..J
...J
...J
<l: LLJ
=
N
u.. V
0 ~ro
W
2 LOf-
::i o 0
I- O..J
If) 0
<l: (/)
W
UJ
I-
o
...J
u..
o
W
2
::i
I-
-If)
<l:
W
LD
f-
o
..J
U)
f-
o
..J
SOUTH LINE
LOT 7.
P.B. 1, PG. 68. P,B.C.R.
- - - - --=...---..=- - --
N89034' 01"W
16.64'
A VIROM & ASSOCIA TES, INC.
SURVEYING & MAPPING
60 S.W. 2ND AVENUE,. SUITE 102
BOCA RATON. FLORIDA 33432
TEL. US81) 392-2694. FAX (581) 394-7126
@200T AVlR0h4 Ie ASSOCIA'TES. INC. ALlRIGHlS RESER\IEO.
NOT VALID WITHOUT
SI-EETS 1 Be 2
JOB NO. 7906-5E
SCALE: 1" = 50'
DATE: 3/19/07
DRAWN BY: N. 1.
Sl-EET: 3 OF: 3
1
\
-~
>-w
<~
~~
J:S
<!'~
->
J:IS:!
I-
.....(f)
<(
. -1
(/)r-:
. l.L.
::>0
_ C\J
I-
IO~
I
.(f)
0....:-
Z~
I
02
<~
Oz
a:~
u
W~
1-0:
c(~
I-~
cn~
REVISIONS
t
SKETCH AND DESCRITION
AREA OF ABANDONMENT
EAST SIDE
o
rr>
NE 6TH A VENUE
19.77'
(P)
9.88'
I-
o
-I
EAST HALF
5 z
0
...... ......
(f) (f)
...... ......
>. 0; >.
......0:; ......5
O~ u o.
C\J C\JCOltl >- .1- C\JCOIXl
=>~ - ~mw - =>~
I- ~(/) . a... 'w a... .;:t~(/)$
u $ - a...l.L. -
0 offit ~ -I -w ~gffit ~
-I C\J <$~ C\J
-Il-eJ 1"0 1"0 -I-Il-eJ ~
COz- o .::> COz..- <:
lJ.H,!) 0
Wai I-a...(f) W'
un: I- -10 u~
I u <(\Jq- u
...... -1-\.0 ......
~ > a...ai{\J >
...... t-l
t'> 0..: u
1"0
I-
o
-I
10.16'
20.31 '
(P)
A VIROM & ASSOCIATES. INC.
SURVEYING & MAPPING
60 S.W. 2ND AVENUE. SUITE 102
BOCA RATON. FLORIDA 33432
TEL. (681) 392-2694. FAX (681) 394-7126
@2007 AVlROI.t '" ASSOOAlES, INC. All RIGHTS RESER\IEO.
JOB NO. 7906-5aE
SCALE: 1" = 50'
DATE: 3/19/07
DRAWN BY: N.1.
SHEET: 2 OF: 2
NOT VALID WITHOUT
SI-EET 1
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO:
Jeff Livergood
Director of Public Works/Engineering
FROM:
Janet M. Prainito
City Clerk
April 23, 2007
DATE:
COPY:
Central File
SUBJECT:
R07-043 - Property Agreement between Boynton Beach Property Partners, St.
Mark Catholic Church and the City of Boynton Beach for the abandonment of a
alley
Attached please find one original Property Agreement as described above and a copy of
Resolution No. R07-043. As discussed with you by telephone, please contact the parties
involved to secure their signatures on this agreement. Once the signatures have been secured,
please return the original document to this office for the Mayor's signature. We will then
forward copies to all parties involved and retain the original in Central File.
If you have any questions, please contact me. Thank you.
(f-t. Yn. ~
Attachment
S:\CC\WP\Memos\Departmental Transmittals\2007\,Jeff Livergood - R07-043 - Property Agreement - Alley Abandonment.doc
America's Gateway to the Gulfstream