R09-084
ATTACHMENT A
. VI-CONSENT NDA
~ ITEM J.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to Cin- Clerk's Office Meeting Dates
D August 19, 2008 August 4,2008 ONoon) [J October 21, 2008
D September 2, 2008 August 18, 2008 ONoon) D November 5, 2008
D September 16,2008 September 2, 2008 ONoon) 0 November 3,2008 ONoon)
0 October 7, 2008 September 15,2008 ONoon) 0 November ]7, 2008 (Noon)
0 AnnouncementslPresentations City Manager's Report
NATURE OF 0 Administrative New Business
AGENDA ITEM l?3J Consent Agenda Legal
0 Code Compliance & Legal Unfinished Business
0 Public Hearing .~
RECOMMENDATION: Possible Annexation of Pro t Hypoluxo and Seacrest- Authorize Staff'to enter into utility
extension agreement with Palm Beach Memorial Park a cost recovery of City costs over a 10 year period. Authorize
staff'to prepare amendment of2001 Billboard Cons ,; ecree.
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EXPLANATION: The City has been discus e annexation of Palm Beach Memorial Park, a 25.6 acre parcel of property
located on the west side of Seacrest near H xo. The property is used as a cemetery and funeral home. The City
previously entered into water and sewer nexation agreements with property to the north which includes a Sam's Club,
Best Western Hotel, Popeye's Chicken Bell and Pizza Hut. The terms of the agreement require these parcels to annex
to the City when they become contig o the City limits. The path to gaining contiguity is annexation of the cemetery
property. Recently, the City was a ntacted by Sam's Club because they desire to install a retail fueling facility at this
store. Staff'suggested that Sam' work with Palm Beach Memorial Park to consider ajoint application for annexation.
Staff met with representatives Sam's Club and Palm Beach Memorial Park last week to further discuss the annexation.
Palm Beach Memorial Park s to hook up to the City's utility system for the two buildings on their property (Funeral
Home and Office). The es d cost of the extension of utilities to serve both buildings is between $100,000 and $110,000,
according to Boynton B tilities. While the lines would be constructed by a private contractor, Palm Beach Memorial
Park has requested Ci participation in the construction of these lines. Staff is proposing that Palm Beach Memorial
Park pay for $30,00 e utility and fee costs with the balance of the project costs be paid by the City with a 10 -year
payback provisio of a utility bill surcharge. Palm Beach Memorial Park has tentatively agreed to this arrangement.
In addition, the ery is requesting authorization from the City to allow the installation of the one of two remaining 1-95
billboards fro 2001 Consent Decree. This would provide a revenue stream for the property owner. Location of a
billboard 0 emetery property will require that the Consent Decree be amended. Subject to an acceptable location of the
sign on th etery property, staff supports the location of one of the two remaining billboards onto the cemetery property.
The wo relationship between the City and Hardin Holdings (the billboard company) has been very good. Sam's Club
upon ation proposes to install the retail fueling facility, which is very similar to the one at B1's Wholesale Club.
M IMP ACT: The annexation of Palm Beach Memorial Park will allow the City to also annex the commercial
rty at the SW corner of Hypoluxo and Seacrest. All businesses except the gas station at the SW corner have signed
Ity pre-annexation agreements with Boynton Beach. Because the proposed land use amendment requires review by the
orida Department of Community Affairs (DCA) as part of the semi-annual program review, the annexation cannot take
place until calendar year 2009 meaning that the City will not receive property taxes until 2010.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Based on the 2008 property tax rate of .64553, the assemblage ofpr -' will contribute $120.000
annually to the City in property tax revenues beginning in 2010. The estimate is based e following. calculations:
Property Tax Calculation - Seacrest/Hypoluxo Annexation 2008 BB Rate> > 0.64553
Projected
Business Name Address Street PCN 2008 Value Taxes to BB
Per PAPA Site Z008 Rate
Sam's Club 7233 Seacrest Blvd -000-0010 $ 10,222,556 $ 65,990
Best Western 7051 Seacrest Blvd -23-000-0022 $ 4,604,099 $ 29,721
Taco Bell/Pizza Hut 7035 Seacrest Blvd 9-23-000-0030 $ 1,358,275 $ 8,766
Popeyes Chicken 7049 Sea crest Blvd -09-23-000-0021 $ 869,583 $ 5,613
Palm Beach Memorial Park 3691 Seacrest Blvd -45-09-05-001-0020 $ 1,580,000 S 10,199
Est Annual to City s 120,291
(After 1/1/2010)
KB: 10/12/08
AL TERNA TIVES: Do not authorize sta ter into the utility cost-sharing agreement and the amendment to the
billboard consent decree with Palm Bea moria I Park. This will stop the annexation discussions with Palm Beach
Memorial Park and cause Sam's Club er abandon their business expansion plans, seek annexation to the Town of
Lantana or secure approval of their sion plan from Palm Beach County even though they prefer annexation into
Boynton Be,}h. )
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city Manager's Signature
Assistant to City Manager ~
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City Attorney! Finance
S \BULLETIN\FORMS\^GE~DA ITEM REOUEST FORM DOC
ATTACHME B
IX. - CITY MANAG
REPORT
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FORNI
Requested City Date Final Form Must be Requested City
Commission Meeting Turned in to Cirv Clerk's Commission Meeting Dates
Dates Office
0 June 16, 2009
5 2009
0 19,2009
0 June 2, 2009 0
NATURE OF
AGENDA ITEM
RECOMMENDATION: Please place this st on the April 21, 2009 City COnmllssion Agenda under City
Manager's Report. This item is a Status Report on oluntary Annexation of the Palm Beach Memorial Park and Sam's
Club properties.
EXPLANATION: The Palm Beach rial Park/Sam's Club land use amendment was approved by Commission
for transmittal to the DCA on January 20, , and we understand that the DCA has completed its review without objections
(written confirmation from the DCA is e ed this week). This is not a simpIe annexation; there are many issues
accompanying it which staffhas at Ie 'ally explained in the initial information item presented to the Connnission in
October of 2008, and within the pro ffreport. The issues are best summarized individually, along with the
corresponding solutions and sta e issues are as follows:
1) Creation of uninco ted "pocket" - This "pocket" is created by the annexation of the uniquely figured Sam's
Club property which inclu '[mger" extension north to Hypoluxo Road. 'This includes an access road for Sam's Club but
which is also the sole ac 've for three wllncorporated properties (consisting of 1 hotel and 3 restaurants). Consequently,
access to the unincorp properties will be severed by the incorporation (although physical access is maintained),
therefore arguably f: the "compactness" test of Florida Statutes, which is an issue raised by County staff. SOLUTION:
Execute an ILA e County. Since the properties are also subject to a water service/annexation agreement similar to the
Sam's Club pro , they are annexable once contiguous, which will be attained following annexation of the Memorial Park
and Sam's Cl perties. The ultimate annexation of the three properties would resolve the compactness issue raised by the
County, an interim measure and evidence of intent, city staff offered to enter into an ILA that would document the
city's pI ex this "pocket". STATUS: The ILA has been drafted by County staff and will be considered by the City
Connni concurrent with the final adoption of the annexation ordinance (see below for status). Although the ILA was also
to public safety responsibility (for the pocket and adjacent Hypoluxo Road) to the City in advance of annexation, the
She Office prefers to continue providing service until ultimately annexed into Boynton Beach.
Conditions of annexation - Recall that representatives for the properties both have conditions of annexation to
~ ure the successful implementation of their respective business plans and/or to avoid uncertainty relative to utility hook-up
costs. More specifically, the issues include the immediate desire to lease space for a billboard, the eventual plans to build a
crematorium, the timing of installation of and payment for utility hookups, and the planned addition of accessory fuel sales to
the Sam's Club operation. SOLUTION: Annexation agreements will be considered for execution concurrent with adoption of
the annexation ordinance. An agreement with the respective property owners will achieve the necessary recognition,
S.\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
commitment, documentation, necessary in connection with the needs of the two property own ith respect to the
billboard, its ultimate location on the property will be pursuant to the provisions ofa 2001 ent agreement, which
requires it to be separated from a residential use by at least 250 feet. It should also be not t one commitment will mclude,
as anticipated, the timely amendment of the City's LDRs to amend setback requirement icable to accessory fuel sale
operations in a Planned Commercial Development zoning district (PCD). STATUS: greements are in the process of
being drafted, through the necessary communications between the agent for the app . ns and the City Attorney. The
agreements will be forwarded for Commission consideration concurrent with Fin ding of the annexation ordinance.
Lastly, the applicant has requested an amendment to the 2001 billboard consent e to allow placement of a billboard at a
setback of 150 feet. This request is being reviewed by City staff.
As for the DCA's review process, the proposed amendment to the City's rehensive Plan Future Land Use Map has been
reviewed by the State (the State does not review the corresponding appl' ns for annexation and rezoning). A verbal,
informal communication was received from the State indicating that t te's review was finished and there would be 11<'
objections raised. Staff anticipates receiving the official written noti m the State this week. Once received, the ell:- may
proceed to the adoption stage which includes another legal notice a in the newspaper. Depending upon the status of the
corresponding annexation agreements, staff anticipates placing either the May 19th or June 2nd Commission agenda
PROGRAM IMP ACT: This process and corresponding uisites are necessary for the ultimate annexation of
approximately 45 acres ofland along North Seacrest BouI
FISCAL IMP ACT: The overall annexations (t Beach Memorial Park/Sam's Club properties and the pocket
properties) are anticipated to contribute approximate 0,000 to the City's annual property tax revenues.
ALTERNATIVES: Information only; no i, "q"i"d " lbi, tim, ~
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City Manager's Signature
Assistant to City Manager \.;hi-- -
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ctor City Attorney; Finance
Club PB Memorial\ANEX OQ-OOl \Agenda Item Requesl 4-21-(1) . Status only.doc
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S:\BULLETrN\FORMS\AGENDA ITEM REQUEST FORM.DOi'
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
The original motion passed 4-1. (Commissioner Weiland dissenting)
D. Discussion regarding Energy Efficiency and Conservation Blo
Ms. Lejeune explained the American Recovery and Reinvestment Act ( ) was the stimulus
funding and a team had been established with staff from the City an to diligently search
for funding possibilities. Other funds have already been sought an the Energy Efficiency
and Conservation Block Grant is targeted to reduce fossil fuel em' ns, total energy use and
improve energy efficiency in the building and transportation s The team reviewed the
priorities and created a program to submit for award. The pI: m would create a revolving
loan fund program to provide energy efficiencies for b .. rivate and public buildings.
Partnerships with other governmental agencies as well as p . e organizations could be formed
to coordinate and facilitate even greater use of the fundi It could also be structured to be
available for low income families and provide assistanc " lying for other funds. In total, the
grant monies would stimulate the economy, create n bs and increase permit applications.
Ms. Lejeune further reported $250,000 would be ble to hire a consultant to create the
energy effiCiency conservation strategy requir i 0 meet the funding criteria. Staff
recommended the Commission allow the applic to be submitted to create the strategy,
develop the revolving loan fund program and c facilities energy audit and retrofit. Mayor
Taylor established there would be no matc unding required by the City. Administrative
costs would be included in a $75,000 allot After those funds were exhausted there may
be additional administrative costs to keep rogram active.
Motion
Commissioner Ross moved to en the submittal of the application through ARRA for the
Energy Efficiency and Conservat' lock Grant. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
E. the Voluntary Annexation of the Palm Beach Memorial Park and
erties.
Mr. Rumpf reported annexation continues to move forward jointly for over 40 acres
including the Sam's '. properties and Palm Beach Memorial Park. A resolution would be
,
needed to cover a erlocal agreement with Palm Beach County relating to the State law of
annexation requ compactness. There is a pocket created that could only be accessed
through a shar rive with Sam's Club that can only be annexed once it becomes contiguous
to the City b aries. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion
of utilities billboard to the cemetery property and a fuel pump operation for Sam's Club
are part 0 annexation agreements and may be amendments to the settlement.
X. URE AGENDA ITEMS:
Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
23
II I
1 i RESOLUTION NO. R09-084
i
21
3! A RESOLUTION OF THE CITY COMMISSI
41 BOYNTON BEACH, FLORIDA, APPROVI
5, AUTHORIZING THE MAYOR TO EXE
61 AGREEMENT BETWEEN THE CITY OF
71 BEACH AND NORTHST AR PALM
8 REGARDING ANNEXA TION OF NOR",
9 BEACH PROPERTY INTO THE CITY B
10 ~
11
12 WHEREAS, NORTHSTAR PALM BEAC is the fee simple owner of
13 certain real property located in unincorporated m Beach County, Florida ("County")
14 which is located at 3691 Seacrest Boulevard i
151 WHEREAS, the Parties desire nnex the Property into the City's municipal
16 boundaries and have initiated the pro required by law to enact an ordinance adopting a
17 petition for voluntary annexati . f the Property into the City, pursuant to Section
18 171.044(2), Florida Statutes ("
19 WHEREAS, has previously constructed certain improvements for
20 ice uses on the Property; and
21 he parties desire to enter into this Agreement to memorialize and
22 Clerstanding and agreement with respect to annexation, future development
23
24 Commission of the City of Boynton Beach, upon
25 endation of staff, deems it to be in the best interest of the residents and citizens of
City of Boynton Beach to approve the Annexation Agreement between the City of
Boynton Beach and NORTHSTAR PALM BEACH, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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II /
1 Section 1. Each Whereas clause set forth above is corree and
2 incorporated herein by this reference.
3 Section 2. The City Commission of the City of Boy foes
4 hereby approve and authorize the Mayor the execute the Anne Agreement betwe lthe
5 City of Boynton Beach and NORTHSTAR PALM LLC to document heir
6 understanding and agreement with respect to annexatio subsequent improvement 'the
7 Property; a copy of said Annexation Agreement is a
8 Section 3. That this resolution beco ffective immediately upon passagl
9
10 PASSED AND ADOPTED thi~. of August 2009.
11
12 CITY OF BOYNTON BEACH, FLORID'
13
14
15 Mayor, Jerry Taylor
16
17 Vice Mayor - Woodrow L. Hay
18
19 Commissioner - Ronald Weiland
20
21 ATTEST: Commissioner - Jose Rodriguez
22
23 Commissioner - Marlene Ross
24
25
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT ("Agreement") is made and ent into this
-
day of , 2009 by and between the CITY OF BOYNTON H, FLORIDA, a
municipal corporation ("City"), and NOR THST AR PALM BEACH, LLC, . da limited liability
company ("Owner").
WIT N E SSE T H:
WHEREAS, Owner is the fee simple owner of certain real p located in unincorporated
Palm Beach County, Florida ("County") which is located at 3691 rest Boulevard in the City and
is legally described in Exhibit "A" attached hereto and made a hereof ("Property"); and
WHEREAS, the Parties desire to annex the Property . he City's municipal boundaries and
have initiated the process required by law to enact an or ce adopting a petition for voluntary
annexation of the Property into the City, pursuant ection 171.044(2), Florida Statutes
("Annexation"); and
WHEREAS, the City has determined th e Property is contiguous to the City and
reasonably compact, and the City desires to ann e Property into the City; and
WHEREAS, Owner has previously tructed certain improvements for cemetery and
associated ancillary uses on the Property;
WHEREAS, the parties believ ' s in their mutual best interest to initiate the process
required by law to enable Owner to m in, operate and develop the Property in accordance with
the terms and provisions of this Agr ent; and
WHEREAS, the partie sire to enter into this Agreement to memorialize their
understanding and agreement respect to annexation of the Property.
NOW, THEREFO n consideration of the mutual promises, undertakings, terms and
conditions set forth herei parties mutually agree as follows:
1. Recitals' its. The foregoing recitations are true and correct and are hereby
incorporated herein ference and are valid and binding on the parties hereto. All exhibits to this
Agreement are inc ated by reference, are hereby deemed a part hereof and are valid and binding
on the parties her,
2, Le Authorit . This Agreement is entered into under the authority of the Florida
Constitutio eluding Artiele VIII, Section 2(b) thereof), the general powers conferred upon
municipal' by statute and otherwise, the Municipal Annexation or Contract Act ("Annexation
Act"), F a Statutes Section 171.011 et seq., and the City's Charter.
Property Ownership. Owner acknowledges and represents to the City that it owns the
and has the authority to enter into this Agreement.
4, Application for Voluntary Annexation, This Agreement shall be incorporat
Application for Voluntary Annexation ("Annexation Application"), which was previou
to the City, subject to the terms and conditions of this Agreement.
5. Annexation, Owner previously voluntarily filed the Annexation A
City to annex the Property into the City's boundaries, and the City has ini . Q the process to
accomplish said annexation in compliance with Section 171,044(2), Florid tutes, and all other
applicable state and local laws and regulations, The City approved the vo annexation of the
Property on First Reading on January 20, 2009. The Annexation Ap tion does not become
effective until finally approved by the City Commission on Second
6, Effective Date. This Agreement shall become effectiv' lowing final approval of the
Annexation Application and upon the date the last of the partie ecutes this Agreement.
7, Land Use and Zoning.
(a) The Property is currently designated Ins . onal and Public Facilities (INST) on the
Palm Beach County Future Land Use Map and is ineluded within Palm Beach
County's Residential Multifamily ( zoning category; and
(b) Concurrent with the Annexatio plication, Owner submitted applications to the
City to amend the Future L se designation of the Property to Local Retail
Commercial (LRC) and c e the zoning designation of the Property to C-3
Community Commercial e City is currently processing these land use and
rezoning applications c ently with the Annexation Application; and
( c) Owner represents t I existing uses and improvements currently located on the
Property are in rmance with all applicable zoning, land development and
building regula' of Palm Beach County and the City has accepted and relied on
those represe ons.
8, Prior Coun on, City agrees that consistent with Section 171,062, Florida Statutes
and prior to the effec date of the annexation of the Property, to the extent that County has
processed any ch o the land use or zoning on the Property and approved any plates), site
planes) or other opment approvals, City will recognize the effectiveness of said approvals
without requiri -review or additional approval of the City and will permit construction of any
improvement which unexpired permits have been issued by the County pursuant to said
approvals.
ooperation In Development Approval Process, The City hereby agrees to cooperate
er in good faith in all aspects of the development review process for the Property. In this
e City agrees that its administrative staffwill facilitate all necessary approvals and respond
tly and expeditiously to all requests and inquiries from Owner regarding such approvals. The
eration of the City in facilitating the expeditious development review process does not constitute
agreement to approve:
(a) Site plans
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.
(b) Variances or waivers
( c) Zoning changes
(d) Certificates of occupancy
(e) Permits (building, electrical, etc, ..)
as approvals ofthat nature are subject to either quasi-judicial review or admi tive review by the
City's building official or his designees, Nothing in the Agreement itutes a promise or
obligation of the City to zone or rezone Owner's property to any zon signation which is not
consistent with the City's Comprehensive Plan or zoning regulations, ended from time to time.
The City shall treat the Property as if it was inside City bounda ' r purposes of all permitting,
inspections, and approvals for future improvements proposed u he Property and shall review all
applications in as expeditious a manner as possible.
10. Future Development. City acknowledges th ,. ner intends to seek future approvals
from the City for construction of a mausoleum and! or c . torium on the Property and confirms that
such use is a conditional use allowed by the City's C- mmunity Commercial zoning regulations,
subject to compliance with all applicable develop ,. regulations.
11. Billboard. City acknowledges that" er intends to submit permit applications to locate
a billboard on a portion ofthe Property, To xtent such a billboard is permitted on the Property
in accordance with that certain Settlemen eement between City, Florida Outdoor Advertising,
LLC and Gold Coast Advertising, Inc, t ':' ity agrees that it will process such request for approval
by the City Commission as it relates t location of the billboard on the Property. The billboard
shall be located in the Northwest q 0 nt of the property in a location depicted on Exhibit "B " ,
f
,
12. Public Facilities, T ity hereby covenants that all public facilities, as defined in
Section 163,3221, Florida St" s, including, but not limited to, roads, drainage, police and fIre
service, sanitation service, and recreation service, and general governmental facilities, will be
available to the Property vels of service consistent with the City's Comprehensive Plan,
13, Water an er Connections, The Property is not currently connected to the City's
water or sewer sys City acknowledges and agrees that Owner may continue to operate the
Property on well septic, Owner acknowledges that such connections will be required for the
Property prior uance of a certificate of occupancy for any future development proposed on the
Property res g in an increase in water and septic usage equal to or exceeding five (5%) or Ten
(10) years the date of this AgreeIIlent, whichever occurs first.
, Financing Assistance, At such time that Owner connects to the City's water and sewer
ity agrees to finance a portion of Owner's construction costs for installation of materials
nnection to the City's water and sewer lines. SpecifIcally, Owner shall be required to make an
I payment in the amount of $30,000.00 toward such infrastructure improvements, with the
ance of the construction costs borne by the City. Owner shall be required to repay the City on a
onthly basis over a ten (10) year period through a utility bill surcharge
With respect to the installation of a billboard per Paragraph 11, the City shall reimburse t
for site development costs associated with the installation of a billboard that conforms to
Paragraph 11 in an amount not to exceed $30,000 subject to receipt of certified costs
licensed professional civil engineer.
The City will also pay, jointly to Owner and the Billboard Vendor, $5,000,00 onsideration of
clarification and limitation of paragraph 8 of the Settlement Agreement een City, Florida
Outdoor Advertising, LLC and Gold Coast Advertising, Inc, which s to sign lighting.
Notwithstanding any other interpretation of paragraph, sign lighting is ed to lighting devices
which illuminate the sign face from an external appendage to the sign ot lighting that emanates
from within the sign or from the sign face, such as a full color or display system, All other
restrictions on lighting contained in paragraph 8 shall continue to . Owner shall obtain a written
acknowledgement and consent from the Billboard Vendor with ect to this lighting provision,
15, Recording. This Agreement shall be recorde e public records of Palm Beach
County, Florida upon execution by all parties hereto,
16. Necessit of Com I 'n with Local La'N. . he parties agree that the failure of this
Agreement to address a particular permit, conditio or restriction shall not relieve Owner ofthe
necessity of complying with the law governing ermitting requirements, conditions, terms or
restrictions.
17. Default. If the City shall defau ' any of the terms, covenants and/or provisions oftms
,
Agreement to be performed on the part 0 , City, Owner shall have all rights and remedies against
the City as set forth herein, as well rights and remedies available at law and/or in equity,
including, without limitation, the ri specific performance, If Owner shall default in any ofthe
terms, covenants and/or provision 's Agreement to be performed on the part of Owner, the City
shall have all rights and remedie inst Owner as set forth herein, as well as all rights and remedies
available at law and/or in equ .' cluding, without limitation, the right to specific performance.
18, Assignability, ther party shall assign this Agreement or any interest hereunder, in
whole or in part, withou prior written consent of the other party, which consent may be withheld
for any reason in thei and absolute discretion,
Entire Agreement. This Agreement sets forth all of the promises, covenants,
agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings,
inducements or conditio~, express or implied, oral or written,
(b) Pronouns. All pronouns and any variations thereof shall be deemed to refer
to the masculine and neuter, singular or plural, as the identity of the party or
parties, personal representatives, successors or assigns may require,
(c) Severability. The invalidity ofthe provisions hereof shall in no way affect or
invalidate the remainder of this Agreement.
(d) Counterpart. This Agreement may be executed in one or more
each of which shall be deemed an original, but all of whic
constitute one in the same instrument.
(e) Headings, The headings contained in this Agree are inserted for
convenience only and shall not effect, in any , the meaning or
interpretation of the Agreement.
(f) Governing Law, This Agreement shall be co d in accordance with the
laws ofthe State of Florida, and any proceed' . sing between the parties in
any manner pertaining to this Agreement s o the extent permitted by law,
be held in Palm Beach County, Florida.
(g) Binding Effect. The obligations im Cl pursuant to this Agreement upon
the Property shall run with and bi e Property as covenants running with
the Property and this Agreement be binding upon and enforceable by the
parties hereto, their personal r sentatives, heirs, successors, grantees.
THIS PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agre
the day and year written above,
WITNESSES: NORTHSTAR PALM B
a Florida limited liabili
Print Name By:
Print Name
STATE OF )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this da fore me, an officer duly authorized in the State
aforesaid and in the County aforesaid to acknowledgments, the foregoing instrument was
acknowledged before me by , as for
NORTHSTAR PALM BEACH, LLC, rida limited liability company, freely and voluntarily,
who are personally known to me or w s produced as identification,
WITNESS my hand and 0 al seal in the County and State last aforesaid this _ day of
,2009,
Notary Public
Typed, printed or stamped name of Notary Public
CITY
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ATTEST:
By.
City Clerk Mayor
,2009.
APPROVED AS TO FoRM:
By:
City Attomey
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EXHIBIT A
Boynton Memorial Cemetery
Legal Description
Situated in the City of Lantana, County of Palm Beach and Sta {. Florida, an j known as
being a part of the Replat of Part of Lincoln Memorial Garde s recorded in Plat Book
25/ Page 225, and further described as follows:
Beginning at a Concrete Monument found in the West of way line of Sei crest
Boulevard, a variable width public right of way; thenc ng the West right c f way line
of said Seacrest Boulevard, South 02 degrees 29' 14" , st/ 101.75 feet to thi point of
beginning for the parcel of land described herein: . ;~/
~
Thence, continuing South 02 degrees 29' 14" W , 1289.48 feet to a point;
Thence, North 87 degrees 30/ 24" West, 92.0 " t to a point;
Thence, South 02 degrees 29' 14" West 93.0 et to a point;
Thence, North 87 degrees 30' 46" West, 8 feet to a point;
Thence, North 01 degrees 01' 59" East, 1 3 feet to a point;
Thence, North 87 degrees 30' 46" Westy,_ .81 feet to a point;
Thence, North 01 degrees 01/ 59" Eas 4 feet to a point;
Thence, North 87 degrees 30/46" W / 326.39 feet to a point;
I
Thence, South 01 degrees 01' 59" t, 12.00 feet to a point;
Thence, North 87 degrees 30' 46'. est 148.72 feet to a point;
Thence, South 01 degrees 01' 5 / est, 19.03 feet to a point;
Thence, North 87 degrees 30' West, 176.44 feet to a point on the East ri{ ht of way
line of State Route No.9, a ble width public right of way;
Thence, along the East rig way line of said State Route No.9, North 01 d !grees 01/
59" East, 1174.86 feet to ncrete disk found;
Thence, South 88 degr 5' 16" East, 344.35 feet to a point;
Thence, North 03 de 27' 44" East, 160.14 feet to a point;
Thence, South 88 d ,/~ es 55' 16" East 462.94 feet to a point;
Thence, South 01 ees 04' 47" West 101.75 feet to a point;
Thence, South 8 rees 55' 16" East, 80.00 feet to the point of beginning, ,Ind
containing 25. acres (1,119/376 Sq. Ft.)
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