R16-016RESOLUTION NO. R16-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR TO SIGN A SPECIAL WARRANTY
DEED AND ANY AND ALL OTHER TRANSACTION DOCUMENTS
NECESSARY TO EFFECTUATE THE SALE OF SAID PROPERTY
TO THE PURCHASER IN THE BOYNTON VILLAGE PARK
CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 17, 2015, the City Commission approved and authorized
the Mayor to sign a Boynton Village Park Conveyance Agreement; and
WHEREAS, a Special Warranty Deed has been prepared to effectuate the conveyance
and it has been requested by the title company that the Mayor be authorized and directed to
sign the Special Warranty Deed on behalf of the City along with any and all other transaction
documents necessary Lo effectuate the sale of said Property to the Purchaser; and
WHEREAS, the Commission upon recommendation of staff, has deemed it to be in
the best interests of the citizens and residents of the City to approve the Special Warranty
Deed and authorize the Mayor, on behalf of the City of Boynton Beach, to sign, execute and
deliver a Special Warranty Deed and any and all other transaction documents necessary to
effectuate the sale of said Property to the Purchaser.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby to approve the Special Warranty Deed and authorize the Mayor, on behalf of the City
of Boynton Beach, to sign, execute and deliver a Special Warranty Deed and any and all other
S: \CA \RESO \Real Estate \Special Warranty Deed Boynton Village Park Conveyance - Reso.doc
transaction documents necessary to effectuate the sale of said Property to the Purchaser. A
copy of the Special Warranty Deed is attached hereto as Exhibit "A ".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day o,1' q 2016.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
VOTE
AT IFST:
S:ACA \RESO \Real EstateASpecial Warranty Deed Boynton Village Park Conveyance - Reso.doc
THIS INSTRUMENT PREPARED BY
AND AFTER RECORDING RETURN TO:
David N. Tolces, Esq.
Goren, Cherof, Doody & Ezrol, PA
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, Florida 33308
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made as of January 2016, by THE CITY
OF BOYNTON BEACH, a municipal corporation of the State of Florida, having its offices at
100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 ( " Grantor "), to BR
CORTINA ACQUISITION LLC, a Delaware limited liability company, with an address at c/o
B1ackRock, 400 Howard Street, San Francisco, CA 94105 ( " Grantee "). (Wherever used herein
the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns thereof.)
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00)
and other good and valuable consideration paid by Grantee to Grantor, the receipt and
sufficiency whereof are hereby acknowledged, by these presents does grant, bargain, sell, alien,
remise, release, convey and confirm unto the Grantee, and Grantee's successors and assigns
forever, all that certain real property located and situate in Palm Beach County, Florida,
described in Exhibit A attached hereto and made a part hereof (the "Property");
TOGETHER WITH all tenements, hereditaments and appurtenances belonging to or in
any way appertaining to the Property, and (i) any and all structures and improvements on the
Property; and (ii) all easements, rights of way, privileges, licenses, appurtenances and other
rights and benefits belonging to, running with the owner of, or in any way related to the Property.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the
Property in fee simple; that Grantor has good right and lawful authority to sell and convey the
Property; that Grantor hereby warrants the title to the Property and will defend the same against
the lawful claims of all persons claiming by, through or under Grantor, but against none other,
subject, however, to subject to all assessments and taxes for the year 2016 and all subsequent
years, which are not yet due and payable, and the matters set forth on Exhibit B hereto, without
any intent to reimpose same.
(00109177.1306-9905104 f 1 0 F 4
Grantor is not reserving interest in phosphate, minerals, metals or petroleum pursuant to
F.S. 270.11.
GRANTOR hereby releases all easement rights Grantor has over the Property including,
but not limited to platted easements, drainage and access easements, including the forty foot
(40') wide platted pedestrian easement along the east side of the Property, pursuant to the Plat of
Boynton Town Center, a P.C.D., according to the Plat thereof, recorded in Plat Book 106, Page
144 of the Public Records of Palm Beach County, Florida.
IN WITNESS WHEREOF, Grantor has duly executed this instrument in the manner and
form sufficient to bind it as of the day and year first above written.
ATTEST:
Judith A. Pyle, Interim City Clerk
Signed, sealed and delivered in presence of:
(Signature of first witness)
(Printed name of first witness)
(Signature of second witness)
(Printed name of second witness)
STATE OF FLORIDA
COUNTY OF
)ss:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
By:
Name: Gerald Tam
Title: Mayor
The foregoing instrument was acknowledged before me this ___ day of January, 2016
by Gerald Taylor and Judith A. Pyle, Mayor and Interim City Clerk, respectively, of the City of
Boynton Beach, a municipal corporation of the State of Florida, on behalf of the City of Boynton
Beach, who have acknowledged himself and herself to be the Mayor and City Clerk of the City
of Boynton Beach, and who are personally known to me.
My Commission expires:
Notary Public, State of Florida
Printed Name of Notary Public
{00109177.1 306- 9905104 } 2 OF 4
EXHIBIT "A"
Parcel A
SMU — Park Parcel, BOYNTON TOWN CENTER, A P.C.D., according to the plat thereof,
recorded in Plat Book 106, pages 144 through 151 of the public records of Palm Beach County,
Florida, less and excepting the easterly 40.00 feet thereof.
Parcel B
Non- exclusive easements for ingress and egress of vehicular traffic for the benefit of Parcel A
above, created by and more particularly described in the Cross- Access Easement Agreement
recorded in Official Records Book 18288, page 1218, public records of Palm Beach County,
Florida.
(00109177.1306-9905104 1 3 O F 4
EXHIBIT "B"
1. Terms, covenants, conditions and other matters, including provisions for private charges
or assessments, contained in the Cross - Access Easement Agreement among Compson
Associates of Boynton, LLC, Compson Associates of Boynton II, LLC, Renaissance
Commons Master Associates, Inc., Klatt Enterprises, Inc. and The Klatt Family Limited
Partnership #l, recorded in Official Records Book 18288, page 1218.
2. Restrictions, dedications and easements shown on the plat of Boynton Town Center, a
P.C.D. recorded in Plat Book 106, page 144.
3. Private rights of owners of land in Boynton Town Center, a P.C.D., recorded in Plat Book
106, page 144, in and to Parcel A of the subject land by virtue of its designation on said
plat as a park.
4. Terms, covenants, conditions, restrictions and easements created by and set forth in the
Master Declaration of Covenants, Restrictions and Easements for Boynton Town Center
recorded in Official Records Book 19557, page 21, as affected by the Assignment,
Acceptance and Assumption Agreement recorded in Official Records Book 24135, page
45, including, but not limited to, provisions for private charges or assessments and liens
for liquidated damages; but omitting any covenant or restriction based on race, color,
religion, sex, handicap, familial status or national origin unless and only to the extent that
said covenants: (a) is exempt under Chapter 42, Section 3607 of the United States Code;
or (b) relates to handicap, but does not discriminate against handicapped persons.
5. Matters set forth in the following instruments pertaining to the Boynton Village
Community Development District:
(00109177.1306-9905104 1 4 0 F 4
a. Declaration of Consent to Imposition of Special Assessments recorded in Official
Records Book 22085, page 1136, and
6. Easement granted to Florida Power & Light Company recorded in Official Records Book
21681, page 1047.
100109177.1 306- 9905104 } 5 OF 4
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WASTEWATER SERVICE OUTSIDE
THE CITY LIMITS
THIS AGREEMENT made on this day of a , 2016, by and between
GULFSTREAM SHORES OWNERS ASSOCIATION, INC. hereinafter called the "Customer ",
and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter
called the "City ".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City
of Boynton Beach, Florida; and
WHEREAS, Customer requested that the City of Boynton Beach, Florida provide
wastewater service to the property owned by Customer; and
WHEREAS, Section 26 -9 of the City of Boynton Beach Code provides for residential and
commercial billing rates for properties with no water meter based on a maximum sewer usage of
seven thousand (7,000) gallons per unit per month; and
WHEREAS, Customer's property has been connected to the City's Municipal Sanitary
Sewer System since on or about July /August, 2013; and
WHEREAS, Customer's property is not equipped with a City of Boynton Beach water
meter; and
WHEREAS, according to Customer's water bills for the past five (5) years, Customer's
average use per unit per month is four thousand (4,000) gallons;
NOW THEREFORE, for and in consideration of wastewater service provided to Customer by
the City's Municipal Sanitary Sewer System and the mutual covenants expressed herein, the City of
Boynton Beach and the Customer, its heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with wastewater service from its Municipal
Sanitary Sewer System to service the real property described as follows and which Customer
represents is owned by Customer: (Exhibit A)
2. The City hereby agrees to bill Customer for wastewater services at a monthly rate
based on Customer's average monthly use of 4,000 gallons per unit, per month for a total fifty (50)
units which reflects Customer's average use per unit per month for the past five (5) years or for the
100108341.1 300- 9001821 }
period of 2010 - 2015.
3. Subject to the billing rates in the multi -year schedule, this Agreement is valid for a
period of three (3) years from the effective date. In 2019, or three (3) years after this Agreement's
effective date, the City will review the Customer's preceding three (3) years' average consumption
per unit per month to make future adjustments.
4. The billing rates and charges for wastewater services provided under this Agreement,
shall be as set forth in the multi -year schedule and will be adjusted every year in accordance with the
City's Code.
5. The Customer agrees to pay all charges and rates in connection with wastewater
service under this Agreement.
6. Any and all wastewater connections made pursuant to this Agreement shall be used
only by the Customer and to the Customer's benefit, unless written consent is granted by the City of
Boynton Beach for other parties to connect. All connections shall be made in accordance with the
regulations of the City Boynton Beach and all regulatory entities.
7. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in wastewater service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies
or other agencies having jurisdiction over such matters. Also, the City shall have no liability in
the event there is a reduction, impairment or termination of wastewater service due to acts of
God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other
circumstances beyond the City's reasonable control.
8. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the
Customer's obligation under or performance pursuant to this Agreement including disputes for
breach of warranty of title.
9. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall
be valid upon the parties unless in writing executed by the parties to be bound thereby.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
{00108341.1 306 - 9001621) 2
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this I day of
rw (-" , 2016.
WITNESS:
Witness Signature
Primed Witness Name, „
"
Witness Signature
FOR CORPORATE NOTARIZATION:
STATE OF r i
)Ss:
COUNTY OF i & A, )
CORPORATON AS OWNER(S):
By:
Its:
'1t ame and Title e
�..
5 's owne ":.a
{CORPORATE SEAL)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared .
. as N of Gig I f s +(C '1� -, % s 0 tw n named in the
foregoing agreement and that he /she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in hirwher by said Corporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation.
Witness my hand and official seal in the County and State last aforesaid this day of
tr J- , 201
NOTARY PUBLIC
Printed Name
{00108341.1706- 9001821 )
�.
.V Notary Public State of Florida
Nicolette Orezzoli
My Commission FF 155210 <
�Nd Expires 12122/2018
Printed Witness Name
My Commission Expires:
AGREEMENT FOR WASTEWATER SERVICE OUTSIDE THE CITY LIMITS
BETWEEN THE CITY OF BOYNTON BEACH AND GULFSTREAM SHORES
OWNERS ASSOCIATION, INC.
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
B ..
Lori aVerriere, City Manager
ATTEST:
ty Clerk,
Approved as to F .
City Attorney
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared. ° � City Manager and Judith A. Pyle, Interim s
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal affixed thereto is the true corporate seal of said City.
WITNESS my, and and official seal in the County and State last aforesaid this day of
201
(Notary Se
TAMMY L STANZIONE
MY COMMISSION # FF213683
'�,•• EXPIRES March 25. 2019
14G7130"'53 FI allo;eryServica.com
My Commission Expires:
N otary Public
100108341, 1 306 - 9001821 ) 4