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R20-089 1 RESOLUTION R20-089 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING THE MAYOR TO SIGN THE 6 NOTICE OF COMPLETION WITH RESPECT TO 7 FIRE STATION#1 PROJECT;AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS,the building has received the final Certificate of Occupancy and Final 11 Approval by staff and is fully operational; and 12 WHEREAS, the agreement with CFP Boynton Beach Town Square,LLC for Fire 13 Station#1 construction requires the City to approve a Notice of Final Completion to finalize 14 the construction of the project. 15 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 17 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption 19 hereof. 20 Section 2. The City Commission of the City of Boynton Beach, Florida does 21 hereby approve and authorize the Mayor to sign the Notice of Completion with respect to Fire Station 22 #1 project. A copy of the Notice of Completion is attached hereto and incorporated herein as Exhibit 23 "A". 24 Section 3. This Resolution will become effective immediately upon passage. 25 S:\CA\RESO\Notice Of Completion Fire Station 1-Reso.Docx 26 PASSED AND ADOPTED this / t.day of September,2020 27 CITY OF BOYNTON BEACH, FLORIDA 28 YES NO 29 30 Mayor—Steven B. Grant �✓ 31 32 Vice-Mayor—Ty Penserga I✓ 33 34 Commissioner—Justin Katz ✓ 35 36 Commissioner—Woodrow L.Hay ✓ 37 38 Commissioner—Christina L. Romelus ✓ 39 40 VOTE S'Y� 41 ATTEST: 42 43 44 C tal Gibson,MMC 45 City Clerk 46 47 48 (Corporate Seal) • 1: 0 S:\CA\RESO\Notice Of Completion Fire Station I-Reso.Docx 9, PO - 0151 WHEN RECORDED RETURN TO: Best&Flanagan LLP Daniel R. Nelson, Esq. 60 South Sixth Street, Suite 2700 Minneapolis, MN 55402 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE Assessor's Parcel No. 08-43-45-28-48-008-0000 Notice of Completion with respect to Boynton Beach Fire Station Project Pursuant to Section 9.12 and Section 1.51 of that certain Facilities Lease Agreement between CFP Boynton Beach Town Square, LLC, a Florida limited liability company,as Landlord (the "Landlord") and the City of Boynton Beach, Florida, as Tenant (the "Tenant") dated as of August 1, 2018, City of Boynton Beach Town Squire Redevelopment Fire Station Project, for the Fire Station Facilities (the "Fire Station Lease"), this Notice of Completion is dated as of ,2020,and is made and entered into by Landlord for purposes of recordation only and to provide constructive notice with respect to the rights of the Landlord and Tenant under the Fire Station Lease to all third parties that the substantial completion and final acceptance of the Fire Station Project have occurred. This Notice of Completion does not set forth all of the terms and conditions set forth in the Fire Station Lease. In the event there is any conflict between the terms and conditions of the Fire Station Lease and this Notice of Completion, the Fire Station Lease shall control. {00388430.3 306-9905263} 1 [Signature Page to the Notice of Completion of the Boynton Beach Fire Station Project] Signed, sealed and delivered in the CFP BOYNTON BEACH TOWN LLC, a presence of: Florida limited liability company By: Steve Collins, President Printed Name: DATE: Signed, sealed and delivered in the presence of: Printed Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or_online notarization this day of , 2020, by Steve Collins as President of CFP Boynton Beach Town Square, LLC, a Florida limited liability company, who swore or affirmed that he is authorized to execute this Notice of Completion of the Boynton Beach Fire Station Project and to bind CFP Boynton Beach Town Square, LLC, a Florida limited liability company. He is personally known to me or has produced a driver's license as identification. Printed Name My Commission Expires: My Commission Number: (00388430.3 306-9905263) 2 [Signature Page to the Notice of Completion of the Boynton Beach Fire Station Project] Signed, sealed and delivered in the CITY OF BOYNTON BEACH, FLORIDA presence of the following witnesses: By: 1 ,A A d 'L- - Signature of Witness ►� Its: (117 MA/v(1ff- Lu9ue Printed Name of Witness DATE: (-‘k)°1, Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness _ &hPrine u_hfrI\J Printed Name of Witness ATTEST: By: ✓�� ) � C' y Clerk James A. C of, 'ty ttorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me b means of x, physical presence or online notarization this \I-rfl day of 2020, by , (Name) as �� N����� (Title) of the City of Boynton Beach, Florida, who swore or affirmed that he/she is authorized to execute this Notice of Completion of the Boynton Fire Station Project and to bind the City of Boynton Beach, Florida. He/she is personally known to me or has produced a driver's license as identification. 1Pg Bpi Y p SHAYLA S.ELLS . S H AY LA E LLI S rte\ y o MY COMMISSION#GG 031774 TI Q EXPIRES:September 19,2020 Printed Name 9`FOF 0. Bonded Thm Budget Notary Services My Commission Expires: ���-��r��'.� �� g©D D My Commission Number: ')1r1`1 L 6099677_1 {00388430.3 306-9905263) 3 EXHIBIT A LEGAL DESCRIPTION OF THE FIRE STATION PROPERTY PARCEL 8, BOYNTON BEACH TOWN SQUARE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 127, PAGES 1-5, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. {00388430.3 306-9905263} 4