R95-001 RESOLUTION NO. ~f;~.~-~/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND MAURICE EPSTEIN, TRUSTEE
FOR ANNEXATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, has determined
that the annexation of the real property referenced below is in the best interest of the
City and that the execution of an Agreement setting forth parameters for annexation will
facilitate the annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida hereby
authorizes and directs the Mayor and City Clerk to execute an Annexation Agreement
between the City of Boynton Beach, Florida and Maurice Epstein, Trustee, a copy of
said Annexation Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ,~ day of ~,v-~,~
ATTEST:
CITY OF BOYNTO.)N BEA~CH, FLORIDA
Vice M'~or '
Com~e--~..~ ~ ~
Annexation. AGM
12/30/94
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and entered into this//_ day of.~/,x, 199~
by and between MAURICE EPSTEIN, Trustee, whose address is 575 Boylston Street, Boston,
Massachusetts 02116 (hereinafter referred to as "Owner"); and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, whose address is 100 East Boynton Beach Boulevard,
Boynton Beach, Florida 33435 (hereinafter referred to as the"City").
WlTNESETIt:
WHEREAS, certain real property currently located in the unincorporated portion of Palm
Beach County, Florida, owned by the Owner and described in Exhibit "A" attached hereto, is being
considered by the City for annexation into its municipal boundaries; and,
WltEREAS, the Owner has certain valid County land use and zoning approvals; and,
WltE~AS, the City and the Owner have agreed to retain the existing County approvals on
said property and to make City approvals compatible with the existing County approval, and to provide
for an orderly transition of the property from the County to the City.
NOW TltF, REFORE, the Owner and the City agree to the above recitals and to the following
terms and conditions:
1. REAL PROPERTY SUBJECT TO AGREEMENT. The real property subject to this
Agreement is' described in Exhibit "A" hereto (the "Property").
2. EXISTING ZONING APPROVAL AND LAND USE PLAN DESIGNATION. The
Property is presently zoned in the County as RM-Multifamily Residential and is designated on the
m~ t ~r -
County Land Use Plan as HR-g, High Residential 8. The Property has an approvea ~ plan in the
. mas ter
County,.having been certified May 11, 1994. The approvea ~orplan reflecting one hundred sixty-four
(164) town house units, is attached hereto and made a part hereof as Exhibit "B".*
3. THE CITY'S ZONING AND LAND USE PLAN DESIGNATION. The City agrees
that in order to allow the Owner to develop the Property in accordance with its existing approval, it
shall be annexed into the City and simultaneously be given the future Land Use Designation of
Moderate Density Residential, and be zoned Residential PUD. Upon approval of this Agreement, the
,
Exhibit "B" hms ter
~, plan shall be deemed to be the approved plan by the City, and the Owner, its
successors and assigns shall have the right to develop in accordance with Exhibit "B".*
4. FUTURE CHANGES TO THE APPROVF. D PLAN. In the event the Owner chooses
to change the zoning designation for the Property after approval ofat:~r pmlaa~o}~he City, the Owner
shall be required to follow all procedures set forth in the City's Land Development Code.
5. STATUS OF AGREEMENT. The parties agree and acknowledge that this Agreement
is not a "development agreement" as contemplated by Sections 163.3220 - 163.3243, .Florida Statutes,
and that the provisions of said sections are not applicable to this Agreement. The parties acknowledge
and agree that no infirmity or defect in the City's actions described herein shall nullify or otherwise
affect the annexation of the Premises into the City.
5. AGREEMENT TO RUN WITH THE LAND. It is the express intent ofthe parties that
this Agreement run with the land, and this Agreement shall inure to the parties, the respective heirs,
legal representatives, assigns and successors in interest, as the case may be.
6. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
the parties hereto and supercedes all prior understandings, if any. There are no other oral or written
promises, conditions, representations, understandings or terms of any kind as conditions of inducement
*[Exhibit B is Bi, B2 & B3]
2
to the execution hereof, and. none have been relied upon by either party. Any subsequent conditions,
representations, warranties or agreements shall not be valid and binding upon the parties, unless they
are in writing and signed by both parties and executed in the same manner as this Agreement.
7. SEVERABILITY. In the event any term or provision of this Agreement shall be held
invalid, such invalid term or provision shall not affect the validity of any other term or provision hereof
and all such other terms and provisions hereof shall be enforceable to the fullest extent permitted by
law as if such invalid term or provision had never been a part of this Agreement.
8. ~ EFFECTIVE DATE. This Agreement shall become effective upon its execution by the
City and the Owner and upon the annexation of the Premises into the City.
9. ATTORNEY'S FF.F.S. In the event either party must enforce this Agreement through
legal proceedings, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred.
IN WITNESS WHEREOF the.~i~rties ~xecuted this Agreement the day and year first
/!1//,
written above. ~//t
ATTEST:
Witnesses:
CITY OF BOYNTON BEACH, a Florida
municipal c9rporation ,
E. F. Harmening, ~yor
MAURICE EPSTEIN, ~rustee
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this I1_ day of..J~n, , 199/~by
F:~a~ h/an-me,~,'n_~, the }M m/oa_ of the City of Boynton Beach, a Florida municipal corporation,
on behalf of the corporation. He is personally known to me. or who has produced Florida Driver's
License Number
~/~ ary Public State of Florida
Notary 'Print Name:
My Co, .~~
Expire~~
STATE OF
COUNTY
The foregoing instrument was acknowledged before me this\~_~day of~c¢~ 1994, by
MAURICE EPSTEIN, Trustee, who is personally known to me or who has produced Florida State
Driver's License Number
My Commissiola
Expires:
Notary Public StYe o/: r~c._c_~ g e'Xur~;
Not .a~, ~ Print N~e:
4
EXHIBIT "A"
Tracts "A" and "B", SAUSALITO GROVES, Plat Book 60, Page 44 according to the
Public Records of Palm Beach County, Florida, less South 4.30 feet for road fight-of-
way.
Containing 31.34 acres more or less, and subject to easements, reservations or fights-
of-way of record. Together with Lawrence Road fight-of-way abutting East thereof
and Gateway BouleVard right-of-way abutting South thereof.
5
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SAUSALITO GROVES P.U.D. ""'~"'"'"'"'~'~
""' CITY OF BOYNTON BEACH. FLORIDA w~p.l~e,,,~ ;~d~,
CONCEPTUAL LANDSCAPE PLAN ~3r~I~-M,Z2