R23-022 1 RESOLUTION R23-022
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 TEMPORARY PARKING EASEMENT AGREEMENTS AND ANY
6 AND ALL DOCUMENTS ASSOCIATED THEREWITH BETWEEN
7 THE CITY OF BOYNTON BEACH AND BOYNTON BEACH
8 TOWN CENTER APARTMENTS, LLC; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the Temporary Parking Easement Agreements (North and Central parcel)
12 will permit the City to continue using the temporary parking it currently uses until the
13 Continuing Parking Agreement takes effect; and
14 WHEREAS, the Temporary Parking Easement Agreements will permit parking by City
15 employees and the public in the same manner as now until the permanent parking is
16 constructed; and
17 WHEREAS, the City Commission has determined that it is in the best interests of the
18 residents of the City to approve and authorize the Mayor to sign the Temporary Parking
19 Easement Agreements and any and all documents associated therewith between the City of
20 Boynton Beach and Boynton Beach Town Center Apartments, LLC.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
22 BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 Section 2. The City Commission hereby approves and authorizes the Mayor to
27 sign the Temporary Parking Easement Agreements and any and all documents associated
28 therewith between the City of Boynton Beach and Boynton Beach Town Center Apartments,
29 LLC. Copies of the Temporary Parking Easement Agreements are attached hereto and
30 incorporated herein by reference as Exhibit "A" (North parcel) and Exhibit "B" (Central parcel).
31 Section 3. This Resolution shall become effective immediately upon passage.
32
33
34
S:\CA\RESO\Agreenients\Approve Temporary Parking Easement Agreement With BBTCA-Reso.Docx
35 PASSED AND ADOPTED this 21st day of February, 2023.
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39 /
40 Mayor—Ty Penserga
41 /
42 Vice Mayor—Angela Cruz ✓
43 /
44 Commissioner—Woodrow L. Hay ✓
45
46 Commissioner—Thomas Turkin 1\1.0 r4' (V ir4 ual)
47 /
48 Commissioner—Aimee Kelley �/
49
50 VOTE Li-l7
51
52 Is54 I)Al ,.
55 Mayle: n- -sus, MPA, , C -%%ga
56 City C - M.. or
57
58 =�pyNTON`.\ APPROVED AS TO ORM:
59 (Corporate Seal) i c;c. G��poRit4,.��,�%
6o t:I AL%.= ,I
61 $ 0: SE
i
• I INCORPORATED.
62 ,a 1920 . •1 Michael D. Cirullo,Jr.
63 ',1 City Attorney
`"% FLOR'0P r
S:\CA\RESO\Agreements\Approve Temporary Parking Easement Agreement With BBTCA-Reso.Docx
UN 20230145778
OR Bk.34275 PG875
RE',i F'14.1,5t2t2O:23 MCI PM
him B'ach C'rsnr,'..Fboriik
Abram),
Pg5:875-892;(18Pgs)
TEMPORARY PARKING EASEMENT AGREEMENT (CENTRAL PARCEL)
THIS TEMPORARY PARKING EASEMENT AGREEMENT (this "Easement") is made
and executed as of/lf ee o7y 2023, by and between Boynton Beach Town Center
Apartments, LLC, a Florida limited liability company, C/O Time Equities, Inc.
55 Fifth Avenue, 15th Floor New York, NY 10003 ("Grantor") and The City of Boynton
Beach, Florida, a political subdivision of the State of Florida, 100 East Ocean Avenue,
Boynton Beach, FL 33435 ("City").
WITNESSETH:
WHEREAS, Grantor and the City are entering into a Development Agreement
("Development Agreement") on a date even with the Effective Date (defined below), and
Grantor is, or shall be on the Effective Date, the owner of certain property located in Boynton
Beach, Palm Beach County, Florida described on Exhibit "A" attached hereto and made a part
hereof(the "Grantor Property"); and
WHEREAS, as of the date first mentioned above, the City is the beneficiary of certain
recorded Temporary Parking Easement Agreements with JKM BTS Central, LLC, JKM BTS
Capital, LLC, and JKM BTS North, LLC, (collectively, "JKM") recorded in Palm Beach
County Official Record Book 31962, Page 1449 and Book 31962, Page 1434 (together, the
"Existing Temporary Parking Easements"); and
WHEREAS, Grantor intends to purchase the Grantor Property from JKM; and
WHEREAS, it is the desire of Grantor and the City to terminate the Existing
Temporary Parking Easements and simultaneously enter into this Easement, and enter into a
like easement on certain other property known as the "North Parcel"; and
WHEREAS, the Grantor Property is the subject of a Development Agreement which
contemplates development of a mixed-use project, together with a parking structure (the
"Project"), and which, once constructed, is intended to be occupied by tenants to reside or
conduct business therein and shall provide permanent parking to the City therein pursuant to a
separate continuing parking lease agreement;
WHEREAS, the temporary parking spaces provided by this Easement, along with a
like easement with Grantor over the North Parcel, are intended to satisfy the temporary
parking which Grantor may hereafter be required to provide to the City with respect to the
parking structure (the "South Garage") contemplated for construction upon certain property
located in Boynton Beach, Palm Beach County, Florida described on Exhibit "B" attached
hereto and made a part hereof(the "South Parcel") pursuant to the Development Agreement,
01339361-1
without releasing or modifying any of Grantor's other contingent obligations to provide
temporary parking as referenced therein; and
WHEREAS, Grantor desires to establish, create and grant for the benefit of, and as a
burden upon, the Grantor Property, a temporary exclusive easement for use by City over and
across the portion of the Grantor Property as described in Exhibit "C" attached hereto and
made a part hereof (the "Easement Property") for the purposes and upon the terms and
conditions as set forth herein, for the benefit of City; the Easement Property, together, if
separately agreed in writing by City and Grantor, with an easement across adjacent property
owned by another affiliate of Grantor (the "Adjacent Property") or any alternative parking
arranged at another location (any such location or locations, collectively, "Alternative
Property") by Grantor with the consent of City (which consent shall not be unreasonably
withheld), is intended to provide at least 103 parking spaces for use by the City as set forth in
this Easement; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
heretofore made, and in satisfaction of the requirement to provide temporary parking under the
Development Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties hereto, Grantor and City hereby
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into
this Easement by reference in their entirety.
2. Parking Easement.
a. Parking Easement. Grantor hereby establishes, creates and grants to the City a
temporary, exclusive easement for parking on the parking areas constructed
and existing from time to time within the Easement Property and for the
existing road and driveway used to access the parking areas (the "Parking
Easement"). Grantor establishes, creates and grants the Parking Easement for
City to use, without payment of any fee or charge, the Easement Property for
the intended purposes as set forth in this Easement. For the avoidance of doubt,
the Parking Easement only includes the Easement Property and does not
include any right to use or enter upon any portion of the Grantor Property
outside of the Easement Property. This Easement shall become effective upon
the execution of this Easement by both parties and Grantor's closing on the
Grantor Property ("Effective Date"). This Easement shall be recorded in the
Public Records of Palm Beach County, Florida.
b. Right to Modify, Remove or Relocate Parking Easements. Grantor shall have
the right, at any time and from time to time, upon 90 days prior written notice
to City, to modify, remove and relocate all or any portion of the Parking
Easement described herein to another location, with the consent of the City
(which consent shall not be unreasonably withheld, conditioned, or delayed),
within the Grantor Property(or to an Alternative Property owned by Grantor or
01889361-I
to an Alternative Property procured via acquisition, lease, or other possessory
rtY q
P rY
interest by Grantor), provided in all events that the City is provided the use of
at least 300 spaces when taking into account spaces provided by or procured by
Grantor or its affiliates at the Grantor Property, the Adjacent Property, and any
Alternative Property. For purposes of this Easement, it is anticipated that in the
event a modification, removal, or relocation of the Parking Easement results in
the parking area being located more than .25 miles from the entrance to City
Hall (measured from the point in the parking area closest to City Hall to the
entrance doorway to City Hall), the City may condition its consent for such
modification, removal, or relocation on Grantor's provision of shuttle service
from the parking area to City Hall.
c. Termination. The Parking Easement shall be terminated, upon at least ten (10)
business days prior written notice, at such time construction of the South
Garage is complete and a certificate of occupancy (or equivalent certification)
has been issued for the same, or at such time as Grantor shall have provided
(either itself, through one of its affiliates, or through a third party) alternative
parking arrangements consented to by the City (which consent shall not be
unreasonably withheld) until such time as the South Garage can be completed.
Following termination of the Parking Easement and provided alternative
parking has been provided subject to terms and conditions reasonably
comparable to those set forth in this Easement, City shall cease using the
Easement Property for parking, and the City will enter into an agreement
terminating this Easement and all rights hereunder.
d. No Assignment or Transfer. The Parking Easement may not be assigned or transferred
by City. Any attempted assignment or transfer of the Parking Easement or any rights
granted herein shall be null and void and shall be deemed a violation of the Parking
Easement. Grantor may assign this Easement to its affiliate without City's consent,
provided that Grantor shall provide City not less than 30 days' advance written notice
of such assignment, provided such assignment is for the whole of this Easement.
3. Prohibited Use. The intended use of the Easement Property is for parking of typical
passenger vehicles by City employees, their invitees, and the general public in connection
with business with the City or attending civic events; for the avoidance of doubt, the City
shall not use or park any heavy equipment, buses, recreational vehicles, or other oversized
vehicles within the Easement Property. The City will use its best efforts to prohibit or limit
any use not consistent with the intended use. The City will not use the Easement Property to
stage any civic or social events, City shall be prohibited from using the Easement Property in
violation of any law or for any purpose other than use of the Parking Easement. The City will
establish and enforce reasonable restrictions assure that minors less than 12 years of age are
permitted on the easement property only when accompanied by an adult and that animals are
prohibited on the easement property except when on leash or other physical halter. The City
will mark or sign the walkways from the parking lots to City facilities to enhance safety and
minimize foot-traffic movement onto adjacent Grantor properties. Subject to applicable
governmental requirements and approvals, and with the consent of City(which consent shall
01889361-1
not be unreasonably withheld), Grantor may post signs on the Grantor Property and/or the
Easement Property setting forth the rules and restrictions for the use of the Easement
Property consistent with the terms of this Easement, and the prohibition of use of portions of
the Grantor Property other than the Easement Property.
4. Use by Grantor. Grantor may continue to use the Easement Property and all other portions
of the Grantor Property for any lawful purposes that do not unreasonably interfere with the
easement rights granted herein, including the right to improve the easement areas, which
improvements may include parking, paving, sidewalks, lighting, landscaping, green spaces,
recreational areas, drive aisles for motor-vehicles, and construction of the Project (including,
without limitation, installation of staging areas). City shall not interfere in any manner with
Grantor's operations and activities upon the Easement Property.
5. Maintenance.
a. Definition of Maintenance Obligations. The term "Maintenance Obligations" means
any and all obligations to maintain, safeguard, upkeep, operate, repair, replace and
remove the parking areas so that the Easement Property and the Grantor Property
remain reasonably safe for the parking of vehicles and the access to such vehicles by
their operators.
b. City Duties. The City will keep the parking area free of debris. The City is responsible
for the repair of any damage caused by the storage or operation of City heavy
equipment, buses, recreational vehicles, or other oversized vehicles on the Easement
Property.
c. No City Duty. The City has no duty to remove or pay for removal of the temporary
parking improvements when the temporary use ends.
d. Performance. Subject to Sections 5(a) and (b), Grantor shall be responsible to
perform all Maintenance Obligations as reasonably necessary and reasonably
required hereby on or at the Easement Property.
e. Standard of Care. To the extent required to be performed by each of the parties
hereto as set forth in this Easement, all Maintenance Obligations shall be performed
in a good and workmanlike manner, and in compliance in all respects with all
applicable laws, rules, regulations and ordinances of all governmental authorities
having jurisdiction over the Grantor Property or the Easement Property.
6. No Duties of Grantor. Grantor and its members, managers, lenders (including any
lender with a mortgage upon the Grantor Property), attorneys, employees, and agents
(together, the "Grantor Parties") shall not have any duty to City whatsoever with respect to
the Parking Easement or the Easement Property, including no duty to provide to City any
services whatsoever, except infrastructure maintenance as required by, and subject to those
limitations set forth in, Section 5 and any conditions imposed by the City in exchange for
the City's consent to modify, remove, or relocate the Parking Easement. Furthermore,
Grantor Parties shall not have any duty to City or any of City's employees, agents,
01889361.1
contractors, guests, or invitees to provide security or to monitor the Grantor Property or the
Easement Property in order to protect against injury to any person or to safeguard or protect
any vehicles or personal property of any such parties. Grantor shall not have any liability
whatsoever for any injury to any person or for any lost, stolen, or damaged property to City
or any of City's employees, agents, contractors, guests, or invitees. City and City's
employees, agents, contractors, guests, and invitees assume all risk of injury to any person
and loss (including, but not limited to theft) and damage to any of their respective vehicles
or other personal property, and City, on its own behalf and on behalf of City's employees,
agents, contractors, guests, or invitees, agrees to hold Grantor harmless from and against any
and all damages in connection with the Parking Easement including, but not limited to,
consequential damages, arising with respect to the matters set forth in this Easement.
Grantor Parties shall not have any obligation to assist (or to cause their employees or agents
to assist) City in collecting and/or removing any vehicles or personal property of City or
other Party from the Easement Property after the Parking Easement has been terminated.
Any vehicles or personal property left on the Easement Property after termination of the
Parking Easement shall be deemed to have been abandoned, and Grantor may remove any
such vehicles or personal property from the Easement Property without any obligation to
account to City or any other party with respect thereto.
7. Indemnification. City agrees to indemnify and hold harmless Grantor Parties from and
against any damage, cost, or liability to the Grantor Parties or the Grantor Parties' property
(including the Grantor Property) caused by the use of the Parking Easement granted herein or
the exercise of any rights granted in connection with the Parking Easement, unless such
damage, cost or expense was caused by a failure of Grantor to maintain the infrastructure as
required by Section 5 or the negligence or willful misconduct of the Grantor Party. Nothing
in this paragraph shall be interpreted as a waiver of City's sovereign immunity or the
limitations of liability set forth in Sec. 768.28, Florida Statutes.
8. Default.
a. Default. If City shall be in default under any of the obligations applicable to it as set
forth in this Easement for 72 hours after receipt of written notice of default (or such
lesser time in the event of an emergency) given by Grantor, or if such default shall be
of such a nature that the same cannot practicably be cured within such 72 hour period
and City shall not within such period commence the curing of such default and
thereafter with due diligence complete the curing of such default, then Grantor may
take appropriate steps to cure such default. City shall, following the demand (which
shall be accompanied by appropriate supporting documentation), reimburse the
Grantor for the City's share of the costs and expenses reasonably paid or incurred by
Grantor in the exercise of such rights necessary to cure City's default. Amounts
unpaid by City more than 45 days after such demand shall accrue interest at a rate of
10%per annum.
b. Standard of Care for Self-Help. Any acts which the Grantor shall perform or cause to
be performed in exercise of its self-help and cure rights under this Section 8 shall be
performed with the same standards of care, diligence and workmanship as if such
01889361.1
acts were being performed or caused to be performed by City pursuant to its
obligations or duties hereunder.
c. In the event of a default by City that continues beyond the notice and cure periods
herein, Owner shall have the right to bring an action against City for damages or
specific performance, as appropriate.
9. Estoppel Certificate. City shall, without charge, at any time, and from time to time, within
ten (10) days after request therefor, certify by written instrument duly executed,
acknowledged and delivered to or for the benefit of any existing or prospective tenant,
buyer, or mortgagee of the Grantor Property(or any portion thereof), specify:
a. That this Easement is unmodified and in full force and effect (or if there has been a
modification, that the Easement is in full force and effect as modified and stating the
modification);
b. Whether or not there are any existing defaults under this Easement and if so,
specifying such defaults; and
c. Such other pertinent information as the requesting party may reasonably request.
10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-
insurance or shall otherwise obtain insurance coverages, as described in Exhibit "D", with
admitted insurers authorized to do business in the State of Florida and which are rated "A-
/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto (or if there is
none, a rating organization having a national reputation); upon Grantor's request, City shall
provide to Grantor a copy of each such policy or a certificate of insurance. Furthermore,
any policy of insurance maintained by City in connection with the Easement Property shall
provide that written notice shall be given to all insured parties, additional insured parties,
and holders of certificates of insurance at least thirty (30) days prior to suspension,
cancellation, termination, modification, non-renewal or lapse or material change of
coverage. Subject to applicable law, in no event shall the limits of any insurance policies
(or the City's election to self-insure as to any risks in connection with the Easement
Property) limit the liability of City under this Easement.
11. Miscellaneous.
a. The intended and primary use of the Easement Property is to provide parking for City
employees, City invitees, and the general public, and such use will have priority over
other uses unless a like number and quality of alternative parking is provided at a
location reasonably agreed to by the City in accordance with the terms of this
Easement. The exercise of the rights and privileges granted hereby shall be exercised
in a manner which does not unreasonably interfere with or disrupt the normal use,
business or occupation of the Project or any improvements located or to be located on
the Grantor Property or the Easement Property.
01889361-I
b. All provisions of this Easement and the easement rights hereunder shall run with the
land and shall be binding upon Grantor and its successors and assigns. The Grantor
Property shall hereafter be held, sold, conveyed, operated and leased subject to the
easements, restrictions, covenants and conditions contained in this Easement.
c. All notices, demands, requests or other communications required hereunder shall be
in writing and sent by recognized express courier (such as FedEx or United Parcel
Service) or via United States registered, certified mail, postage prepaid, return receipt
requested, addressed to each party hereto, as the case may be, at the address first
hereinabove provided or such other address as any party may from time to time
designate in writing to the other.
d. This Easement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue of any litigation or administrative proceeding shall be
exclusively in Palm Beach County, Florida. The prevailing party in any litigation
arising from the terms of this Easement shall be entitled to recover its reasonable
attorneys' fees, both at trial and on appeal, as well as court costs, from the non-
prevailing party.
e. The captions used in this Easement are solely for the convenience of reference and shall
not in any way limit or amplify the terms and provisions hereof.
f. This Easement may be executed in counterparts, each of which will be deemed an
original as against any party whose signature appears hereon, and all of which shall
constitute one and the same agreement.
g. This Easement may not be terminated, modified or amended except as provided herein or
as otherwise agreed to in a written document executed by the parties hereto or their
respective successors in interest.
h. Any invalidity of any of the terms and conditions or provision of this Easement by
judgment, court order or otherwise shall not affect any of the other terms, conditions or
provisions of this Easement.
i. A like Easement Agreement will be executed contemporaneously with this Agreement by
the parties to address additional temporary parking on the North Parcel.
j. City shall not be liable or responsible to Grantor beyond the monetary limits specified
in Ch. 768.28, Fla. Stat., regardless of whether said liability be based in tort, contract,
indemnity or otherwise; and in no event shall City be liable to Grantor for punitive or
exemplary damages or for lost profits or consequential damages.
k. City and Grantor hereby acknowledge and confirm that the Existing Temporary
Parking Easements shall be terminated and become null and void and of no further
force or effect simultaneous with the Effective Date.
01889361-1
[SIGNATURES AND ACKNOWLEDGEMENTS APPEAR ON THE FOLLOWING
PAGES]
01889361.1
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed.
CITY OF BOYNTON BEACH
ATTEST:
1
..01, $C7,L. By: e-- -d--I--6
City Ser May, ' -nserga
Address./
fr
Witness: �/
Printed •411aM7 ' • i Tv-_
APPROVED AS TO F RM:
_-
APPROVED
fitg- /'
f 0..c•�QowAarF••... ��,
v• TEo=
City Attorney ' s
,1 :,;MGM"'9v /
I‘' FLOR0
STATE OF FLORIDA }
COUNTY OF PALM BEACH }
The foregoing instrument was acknowledged before me this as day of
N1p �yy , 2022, byTyy-.9e,hSe_N- as Mayor of the CITY OF BOYNTON
BEACH, a m>,fnicipal corporation,6f the State of`Florida. He/she appeared before me J in
person or J electronically and is personally known to me or has produced
as identification.
Commission Expires: 4 w,.<.AL_. ," 6 v (."1
2,§0Puee, TAMMY L STANZIONE
* ; ,.< * Commission#GG 306158
2
2023
"404 fuee Expires"MOWiMed o semi ee
01889361-1
Signed, sealed and delivered: DEVELOPER:
BOYNTON BEACH TOWN CENTER
APARTMENTS, LLC, a Florida limited liablity
company
'
Witnev�
�� .� IL�Li. By:
/\
Printed Name:
Witness (IPA- Dated: PAQOck1/4. �3
Printed Name: @n44,... t
STATE OF iJ 7 ‘io ex- )
) SS
COUNTY OF 1U ne3 `t )
The foregoing instrument wax acknowle d b fore me this ! Qday ofIta ,
- 7,20),3 by kt of BOYNTON BEACH TOWN
CENTER APARTMENTS, LLC, a Florida limited liablity
company.
He or she is appeared before me 5/in person or
electronically and is:
[ personally known to me, or
] produced identification. Type of identification produced •
(Seal) NOTARY PUBLI
to
, 'gt% '4
Print Name: ,g/ Art, 1.1.1 • .
My commission expires: 1(I 10-2,i/
// ALEXANDRA J FINK
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01F16349139
0188931>I-1 Qualified in New York County
My Commission Expires: /01 i(727
EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTOR PROPERTY
Parcel 2, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127,
Page 1, Public Records of Palm Beach County, Florida.
01889361-1
EXHIBIT "B"
LEGAL DESCRIPTION OF SOUTH PARCEL
Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book
127, Page 1, Public Records of Palm Beach County, Florida.
01889361-1
EXHIBIT "C"
LEGAL DESCRIPTION OF EASEMENT PROPERTY
Parcel 3, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127,
Page 1, Public Records of Palm Beach County, Florida.
01889361-1
EXHIBIT "D"
Insurance Coverage
Automobile Liability
Bodily injury and property damage liability covering all owned, non-owned and hired
automobiles for limits of not less than $500,000 bodily injury each person, each accident and
$500,000 property damage, or$500,000 combined single limit each occurrence/aggregate.
Commercial General Liability
Bodily injury and property damage liability as shall protect the City or Grantor from claims of
bodily injury or property damage which arise from the use of the Easement. The amounts of such
insurance shall be $2,000,000 per person, $2,000,000 per occurrence, and a general aggregate
limit of$5,000,000.00. This insurance shall include coverage for products/completed operation,
personal injury liability and contractual liability assumed under the indemnity provision of this
Easement.
Workers' Compensation Insurance
Meeting the statutory requirements of Florida and Employer Liability of$1,000,000 per
accident limit, $1,000,000 disease per policy limit, $1,000,000 disease each employee limit,
providing coverage for employees and owners.
Professional Liability Insurance
In an amount of not less than $2,000,000 each claim and $2,000,000 aggregate.
01889361-1
ASSIGNMENT OF TEMPORARY PARKING EASEMENT AGREEMENT
ICENTRAL PARCEL)
This Assignment of Temporary Parking Easement Agreement (Central Parcel) (this
"Assignment") is made and entered into as of April J( , 2023 by and between Boynton Beach
Town Center Apartments LLC, a Florida limited liability company ("Assignor"), and Boynton
Beach Town Center Apartments I LLC,Boynton Beach Town Center Apartments II LLC,Boynton
Beach Town Center Apartments III LLC, Boynton Beach Town Center Apartments IV LLC,
Boynton Beach Town Center Apartments V LLC, Boynton Beach Town Center Apartments VI
LLC,Boynton Beach Town Center Apartments VII LLC,Boynton Beach Town Center Apartments
VIII LLC and Boynton Beach Town Center Apartments IX LLC, each a Florida limited liability
company, as tenants in common(collectively as"Assignee").
RECITALS:
Whereas, Assignor, Boynton Beach Town Center Apartments LLC, a Florida limited
liability company, is the Grantor under at certain Temporary Parking Easement Agreement
(Central Parcel)with an Effective Date of is a , 2023, with City of Boynton Beach,
Florida, as"City"thereunder(the "Agreement"); and
Whereas, Assignor desires to assign its interest in the Agreement to Assignee and Assignee
desires to receive such assignment and assume the obligations of Assignor under the Agreement;
and
Whereas, City has previously consented to this Assignment.
NOW,THEREFORE, for and in consideration of the premises and other good and valuable
consideration,the receipt and adequacy of which are hereby acknowledged,Assignor and Assignee
agree as follows:
•
1. Assignment. Assignor hereby assigns, conveys, sets over and transfers to Assignee
all of its right,title and interest in and to the Agreement.
2. Acceptance and Assumption by Assignee. Assignee hereby: (a) accepts the
assignment described in Paragraph 1 above; and (b) agrees to assume and perform all of the
obligations, responsibilities and liabilities of Assignor under the Agreement.
3. Successors and Assigns. This Assignment shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
4. Governing Law; Counterparts. This Assignment shall be governed by, and
construed in accordance with,the laws of the State of Florida. This Assignment may be executed in
any number of counterparts, each of which shall be deemed an original and all of which together
shall constitute one and the same agreement. Facsimile and pdf signatures shall be considered to be
originals.
•
33874.0005
54086894v2
IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first written
above.
ASSIGNOR:
Boynton Beach Town Center Apartments LLC,a
Florida limited liabilit co pany
By: IV All"
Name: Robert Kantor
Title: Manager
ASSIGNEE:
Boynton Beach Town Center Apartments I LLC
Boynton Beach Town Center Apartments II LLC
Boynton Beach Town Center Apartments III LLC •
Boynton Beach Town Center Apartments IV LLC
Boynton Beach Town Center Apartments V LLC
Boynton Beach Town Center Apartments VI LLC
Boynton Beach Town Center Apartments VII LLC
Boynton Beach Town Center Apartments VIII LLC and
Boynton Beach Town Center Apartments IX LLC,each a
Florida limited liability company
4
By: • '�
Name: Ro ert Kantor
Title: Manager of each of the above entities
33874.0005
54086894v2
•
ASSIGNMENT OF TEMPORARY PARKING EASEMENT AGREEMENT
(CENTRAL PARCEL)
This Assignment of Temporary Parking Easement Agreement (Central Parcel) (this
"Assignment") is made and entered into as of April I(', 2023 by and between Boynton Beach
Town Center Apartments LLC, a Florida limited liability company ("Assignor"), and Boynton
Beach Town Center Apartments I LLC,Boynton Beach Town Center Apartments II LLC,Boynton •
Beach Town Center Apartments III LLC, Boynton Beach Town Center Apartments IV LLC,
Boynton Beach Town Center Apartments V LLC, Boynton Beach Town Center Apartments VI
LLC,Boynton Beach Town Center Apartments VII LLC,Boynton Beach Town Center Apartments
VIII LLC and Boynton Beach Town Center Apartments IX LLC, each a Florida limited liability
company, as tenants in common(collectively as"Assignee").
RECITALS:
Whereas, Assignor, Boynton Beach Town Center Apartments LLC, a Florida limited
liability company, is the Grantor under at certain Temporary Parking Easement Agreement
(Central Parcel)with an Effective Date of s,1 t 3 , 2023, with City of Boynton Beach,
Florida, as "City"thereunder(the "Agreement"); and
Whereas,Assignor desires to assign its interest in the Agreement to Assignee and Assignee
desires to receive such assignment and assume the obligations of Assignor under the Agreement;
and
Whereas, City has previously consented to this Assignment.
NOW,THEREFORE, for and in consideration of the premises and other good and valuable
consideration,the receipt and adequacy of which are hereby acknowledged,Assignor and Assignee
agree as follows:
•
1. Assignment. Assignor hereby assigns, conveys, sets over and transfers to Assignee
all of its right,title and interest in and to the Agreement.
2. Acceptance and Assumption by Assignee. Assignee hereby: (a) accepts the
assignment described in Paragraph 1 above; and (b) agrees to assume and perform all of the
obligations, responsibilities and liabilities of Assignor under the Agreement.
3. Successors and Assigns. This Assignment shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
4. Governing Law; Counterparts. This Assignment shall be governed by, and
construed in accordance with,the laws of the State of Florida. This Assignment may be executed in
any number of counterparts, each of which shall be deemed an original and all of which together
shall constitute one and the same agreement. Facsimile and pdf signatures shall be considered to be •
originals.
33874.0005
54086894v2
IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first written
above.
ASSIGNOR:
Boynton Beach Town Center Apartments LLC, a
Florida limited liabili co pany
By: 1) ��
Name: Robert Kantor
Title: Manager
ASSIGNEE:
Boynton Beach Town Center Apartments I LLC
Boynton Beach Town Center Apartments II LLC
Boynton Beach Town Center Apartments III LLC •
Boynton Beach Town Center Apartments IV LLC
Boynton Beach Town Center Apartments V LLC
Boynton Beach Town Center Apartments VI LLC
Boynton Beach Town Center Apartments VII LLC
Boynton Beach Town Center Apartments VIII LLC and
Boynton Beach Town Center Apartments IX LLC, each a
Florida limited liability company
By: �,
Name: Robert Kantor
Title: Manager of each of the above entities
33874.0005
54086894v2
CFN 2023014577Q
OR BK34275 PG 893
REI:'ORD tr2PM
Jr'ph Abner,C 1•u;
TEMPORARY PARKING EASEMENT AGREEMENT (NORTH PARCEL)
THIS TEMPORARY PARKING EASEMENT AGREEMENT (this "Easement") is made
and executed as of/?/ M oAI" , 2023, by and between Boynton Beach Town Center
Apartments, LLC, a Florida limited liability company, C/O Time Equities, Inc.
55 Fifth Avenue, 15th Floor New York, NY 10003 ("Grantor") and The City of Boynton
Beach, Florida, a political subdivision of the State of Florida, 100 East Ocean Avenue,
Boynton Beach, FL 33435 ("City").
WITNESSETH:
WHEREAS, Grantor and the City are entering into a Development Agreement
("Development Agreement") on a date even with the Effective Date (defined below), and
Grantor is, or shall be on the Effective Date, the owner of certain property located in Boynton
Beach, Palm Beach County, Florida described on Exhibit "A" attached hereto and made a part
hereof(the "Grantor Property"); and
WHEREAS, as of the date first mentioned above, the City is the beneficiary of certain
recorded Temporary Parking Easement Agreements with JKM BTS Central, LLC, JKM BTS
Capital, LLC, and JKM BTS North, LLC, (collectively, "JKM") recorded in Palm Beach
County Official Record Book 31962, Page 1449 and Book 31962, Page 1434 (together, the
"Existing Temporary Parking Easements"); and
WHEREAS, Grantor intends to purchase the Grantor Property from JKM; and
WHEREAS, it is the desire of Grantor and the City to terminate the Existing
Temporary Parking Easements and simultaneously enter into this Easement, and enter into a
like easement on certain other property known as the "Central Parcel"; and
WHEREAS, the Grantor Property is the subject of a Development Agreement which
contemplates development of a mixed-use project, together with a parking structure (the
"Project"), and which, once constructed, is intended to be occupied by tenants to reside or
conduct business therein and shall provide permanent parking to the City therein pursuant to a
separate continuing parking lease agreement;
WHEREAS, the temporary parking spaces provided by this Easement, along with a
like easement with Grantor over the Central Parcel, are intended to satisfy the temporary
parking which Grantor may hereafter be required to provide to the City with respect to the
parking structure (the "North Garage") contemplated for construction upon certain property
located in Boynton Beach, Palm Beach County, Florida described on Exhibit "B" attached
hereto and made a part hereof(the "North Parcel") pursuant to the Development Agreement,
01889329-I
without releasing or modifying any of Grantor's other contingent obligations to provide
temporary parking as referenced therein; and
WHEREAS, Grantor desires to establish, create and grant for the benefit of, and as a
burden upon, the Grantor Property, a temporary exclusive easement for use by City over and
across the portion of the Grantor Property as described in Exhibit "C" attached hereto and
made a part hereof (the "Easement Property") for the purposes and upon the terms and
conditions as set forth herein, for the benefit of City; the Easement Property, together, if
separately agreed in writing by City and Grantor, with an easement across adjacent property
owned by another affiliate of Grantor (the "Adjacent Property") or any alternative parking
arranged at another location (any such location or locations, collectively, "Alternative
Property") by Grantor with the consent of City (which consent shall not be unreasonably
withheld), is intended to provide at least 198 parking spaces for use by the City as set forth in
this Easement; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
heretofore made, and in satisfaction of the requirement to provide temporary parking under the
Development Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties hereto, Grantor and City hereby
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into
this Easement by reference in their entirety.
2. Parking Easement.
a. Parking Easement. Grantor hereby establishes, creates and grants to the City a
temporary, exclusive easement for parking on the parking areas constructed
and existing from time to time within the Easement Property and for the
existing road and driveway used to access the parking areas (the "Parking
Easement"). Grantor establishes, creates and grants the Parking Easement for
City to use, without payment of any fee or charge, the Easement Property for
the intended purposes as set forth in this Easement. For the avoidance of doubt,
the Parking Easement only includes the Easement Property and does not
include any right to use or enter upon any portion of the Grantor Property
outside of the Easement Property. This Easement shall become effective upon
the execution of this Easement by both parties and Grantor's closing on the
Grantor Property ("Effective Date"). This Easement shall be recorded in the
Public Records of Palm Beach County, Florida.
b. Right to Modify, Remove or Relocate Parking Easements. Grantor shall have
the right, at any time and from time to time, upon 90 days prior written notice
to City, to modify, remove and relocate all or any portion of the Parking
Easement described herein to another location, with the consent of the City
(which consent shall not be unreasonably withheld, conditioned, or delayed),
within the Grantor Property(or to an Alternative Property owned by Grantor or
01889329-1
to an Alternative Property procured via acquisition, lease, or other possessory
interest by Grantor), provided in all events that the City is provided the use of
at least 300 spaces when taking into account spaces provided by or procured by
Grantor or its affiliates at the Grantor Property, the Adjacent Property, and any
Alternative Property. For purposes of this Easement, it is anticipated that in the
event a modification, removal, or relocation of the Parking Easement results in
the parking area being located more than .25 miles from the entrance to City
Hall (measured from the point in the parking area closest to City Hall to the
entrance doorway to City Hall), the City may condition its consent for such
modification, removal, or relocation on Grantor's provision of shuttle service
from the parking area to City Hall.
c. Termination. The Parking Easement shall be terminated, upon at least ten (10)
business days prior written notice, at such time construction of the North
Garage is complete and a certificate of occupancy (or equivalent certification)
has been issued for the same, or at such time as Grantor shall have provided
(either itself, through one of its affiliates, or through a third party) alternative
parking arrangements consented to by the City (which consent shall not be
unreasonably withheld) until such time as the North Garage can be completed.
Following termination of the Parking Easement and provided alternative
parking has been provided subject to terms and conditions reasonably
comparable to those set forth in this Easement, City shall cease using the
Easement Property for parking, and the City will enter into an agreement
terminating this Easement and all rights hereunder.
d. No Assignment or Transfer. The Parking Easement may not be assigned or transferred
by City. Any attempted assignment or transfer of the Parking Easement or any rights
granted herein shall be null and void and shall be deemed a violation of the Parking
Easement. Grantor may assign this Easement to its affiliate without City's consent,
provided that Grantor shall provide City not less than 30 days' advance written notice
of such assignment,provided such assignment is for the whole of this Easement.
3. Prohibited Use. The intended use of the Easement Property is for parking of typical
passenger vehicles by City employees, their invitees, and the general public in connection
with business with the City or attending civic events; for the avoidance of doubt, the City
shall not use or park any heavy equipment, buses, recreational vehicles, or other oversized
vehicles within the Easement Property. The City will use its best efforts to prohibit or limit
any use not consistent with the intended use. The City will not use the Easement Property to
stage any civic or social events, City shall be prohibited from using the Easement Property in
violation of any law or for any purpose other than use of the Parking Easement. The City will
establish and enforce reasonable restrictions assure that minors less than 12 years of age are
permitted on the easement property only when accompanied by an adult and that animals are
prohibited on the easement property except when on leash or other physical halter. The City
will mark or sign the walkways from the parking lots to City facilities to enhance safety and
minimize foot-traffic movement onto adjacent Grantor properties. Subject to applicable
governmental requirements and approvals, and with the consent of City(which consent shall
01889329-I
not be unreasonably withheld), Grantor may post signs on the Grantor Property and/or the
Easement Property setting forth the rules and restrictions for the use of the Easement
Property consistent with the terms of this Easement, and the prohibition of use of portions of
the Grantor Property other than the Easement Property.
4. Use by Grantor. Grantor may continue to use the Easement Property and all other portions
of the Grantor Property for any lawful purposes that do not unreasonably interfere with the
easement rights granted herein, including the right to improve the easement areas, which
improvements may include parking, paving, sidewalks, lighting, landscaping, green spaces,
recreational areas, drive aisles for motor-vehicles, and construction of the Project (including,
without limitation, installation of staging areas). City shall not interfere in any manner with
Grantor's operations and activities upon the Easement Property.
5. Maintenance.
a. Definition of Maintenance Obligations. The term "Maintenance Obligations" means
any and all obligations to maintain, safeguard, upkeep, operate, repair, replace and
remove the parking areas so that the Easement Property and the Grantor Property
remain reasonably safe for the parking of vehicles and the access to such vehicles by
their operators.
b. City Duties. The City will keep the parking area free of debris. The City is responsible
for the repair of any damage caused by the storage or operation of City heavy
equipment, buses, recreational vehicles, or other oversized vehicles on the Easement
Property.
c. No City Duty. The City has no duty to remove or pay for removal of the temporary
parking improvements when the temporary use ends.
d. Performance. Subject to Sections 5(a) and (b), Grantor shall be responsible to
perform all Maintenance Obligations as reasonably necessary and reasonably
required hereby on or at the Easement Property.
e. Standard of Care. To the extent required to be performed by each of the parties
hereto as set forth in this Easement, all Maintenance Obligations shall be performed
in a good and workmanlike manner, and in compliance in all respects with all
applicable laws, rules, regulations and ordinances of all governmental authorities
having jurisdiction over the Grantor Property or the Easement Property.
6. No Duties of Grantor. Grantor and its members, managers, lenders (including any
lender with a mortgage upon the Grantor Property), attorneys, employees, and agents
(together, the "Grantor Parties") shall not have any duty to City whatsoever with respect to
the Parking Easement or the Easement Property, including no duty to provide to City any
services whatsoever, except infrastructure maintenance as required by, and subject to those
limitations set forth in, Section 5 and any conditions imposed by the City in exchange for
the City's consent to modify, remove, or relocate the Parking Easement. Furthermore,
Grantor Parties shall not have any duty to City or any of City's employees, agents,
01889329-I
•
contractors, guests, or invitees to provide security or to monitor the Grantor Property or the
Easement Property in order to protect against injury to any person or to safeguard or protect
any vehicles or personal property of any such parties. Grantor shall not have any liability
whatsoever for any injury to any person or for any lost, stolen, or damaged property to City
or any of City's employees, agents, contractors, guests, or invitees. City and City's
employees, agents, contractors, guests, and invitees assume all risk of injury to any person
and loss (including, but not limited to theft) and damage to any of their respective vehicles
or other personal property, and City, on its own behalf and on behalf of City's employees,
agents, contractors, guests, or invitees, agrees to hold Grantor harmless from and against any
and all damages in connection with the Parking Easement including, but not limited to,
consequential damages, arising with respect to the matters set forth in this Easement.
Grantor Parties shall not have any obligation to assist (or to cause their employees or agents
to assist) City in collecting and/or removing any vehicles or personal property of City or
other Party from the Easement Property after the Parking Easement has been terminated.
Any vehicles or personal property left on the Easement Property after termination of the
Parking Easement shall be deemed to have been abandoned, and Grantor may remove any
such vehicles or personal property from the Easement Property without any obligation to
account to City or any other party with respect thereto.
7. Indemnification. City agrees to indemnify and hold harmless Grantor Parties from and
against any damage, cost, or liability to the Grantor Parties or the Grantor Parties' property
(including the Grantor Property) caused by the use of the Parking Easement granted herein or
the exercise of any rights granted in connection with the Parking Easement, unless such
damage, cost or expense was caused by a failure of Grantor to maintain the infrastructure as
required by Section 5 or the negligence or willful misconduct of the Grantor Party. Nothing
in this paragraph shall be interpreted as a waiver of City's sovereign immunity or the
limitations of liability set forth in Sec. 768.28, Florida Statutes.
8. Default.
a. Default. If City shall be in default under any of the obligations applicable to it as set
forth in this Easement for 72 hours after receipt of written notice of default (or such
lesser time in the event of an emergency) given by Grantor, or if such default shall be
of such a nature that the same cannot practicably be cured within such 72 hour period
and City shall not within such period commence the curing of such default and
thereafter with due diligence complete the curing of such default, then Grantor may
take appropriate steps to cure such default. City shall, following the demand (which
shall be accompanied by appropriate supporting documentation), reimburse the
Grantor for the City's share of the costs and expenses reasonably paid or incurred by
Grantor in the exercise of such rights necessary to cure City's default. Amounts
unpaid by City more than 45 days after such demand shall accrue interest at a rate of
10%per annum.
b. Standard of Care for Self-Help. Any acts which the Grantor shall perform or cause to
be performed in exercise of its self-help and cure rights under this Section 8 shall be
performed with the same standards of care, diligence and workmanship as if such
01889329-1
acts were being performed or caused to be performed by City pursuant to its
obligations or duties hereunder.
c. In the event of a default by City that continues beyond the notice and cure periods
herein, Owner shall have the right to bring an action against City for damages or
specific performance, as appropriate.
9. Estoppel Certificate. City shall, without charge, at any time, and from time to time, within
ten (10) days after request therefor, certify by written instrument duly executed,
acknowledged and delivered to or for the benefit of any existing or prospective tenant,
buyer, or mortgagee of the Grantor Property (or any portion thereof), specify:
a. That this Easement is unmodified and in full force and effect (or if there has been a
modification, that the Easement is in full force and effect as modified and stating the
modification);
b. Whether or not there are any existing defaults under this Easement and if so,
specifying such defaults; and
c. Such other pertinent information as the requesting party may reasonably request.
10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-
insurance or shall otherwise obtain insurance coverages, as described in Exhibit "D", with
admitted insurers authorized to do business in the State of Florida and which are rated "A-
/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto (or if there is
none, a rating organization having a national reputation); upon Grantor's request, City shall
provide to Grantor a copy of each such policy or a certificate of insurance. Furthermore,
any policy of insurance maintained by City in connection with the Easement Property shall
provide that written notice shall be given to all insured parties, additional insured parties,
and holders of certificates of insurance at least thirty (30) days prior to suspension,
cancellation, termination, modification, non-renewal or lapse or material change of
coverage. Subject to applicable law, in no event shall the limits of any insurance policies
(or the City's election to self-insure as to any risks in connection with the Easement
Property) limit the liability of City under this Easement.
11. Miscellaneous.
a. The intended and primary use of the Easement Property is to provide parking for City
employees, City invitees, and the general public, and such use will have priority over
other uses unless a like number and quality of alternative parking is provided at a
location reasonably agreed to by the City in accordance with the terms of this
Easement. The exercise of the rights and privileges granted hereby shall be exercised
in a manner which does not unreasonably interfere with or disrupt the normal use,
business or occupation of the Project or any improvements located or to be located on
the Grantor Property or the Easement Property.
01889329-1
b. All provisions of this Easement and the easement rights hereunder shall run with the
land and shall be binding upon Grantor and its successors and assigns. The Grantor
Property shall hereafter be held, sold, conveyed, operated and leased subject to the
easements, restrictions, covenants and conditions contained in this Easement.
c. All notices, demands, requests or other communications required hereunder shall be
in writing and sent by recognized express courier (such as FedEx or United Parcel
Service) or via United States registered, certified mail, postage prepaid, return receipt
requested, addressed to each party hereto, as the case may be, at the address first
hereinabove provided or such other address as any party may from time to time
designate in writing to the other.
d. This Easement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue of any litigation or administrative proceeding shall be
exclusively in Palm Beach County, Florida. The prevailing party in any litigation
arising from the terms of this Easement shall be entitled to recover its reasonable
attorneys' fees, both at trial and on appeal, as well as court costs, from the non-
prevailing party.
e. The captions used in this Easement are solely for the convenience of reference and shall
not in any way limit or amplify the terms and provisions hereof
f This Easement may be executed in counterparts, each of which will be deemed an
original as against any party whose signature appears hereon, and all of which shall
constitute one and the same agreement.
g. This Easement may not be terminated, modified or amended except as provided herein or
as otherwise agreed to in a written document executed by the parties hereto or their
respective successors in interest.
h. Any invalidity of any of the terms and conditions or provision of this Easement by
judgment, court order or otherwise shall not affect any of the other terms, conditions or
provisions of this Easement.
i. A like Easement Agreement will be executed contemporaneously with this Agreement by
the parties to address additional temporary parking on the Central Parcel.
j. City shall not be liable or responsible to Grantor beyond the monetary limits specified
in Ch. 768.28, Fla. Stat., regardless of whether said liability be based in tort, contract,
indemnity or otherwise; and in no event shall City be liable to Grantor for punitive or
exemplary damages or for lost profits or consequential damages.
k. City and Grantor hereby acknowledge and confirm that the Existing Temporary
Parking Easements shall be terminated and become null and void and of no further
force or effect simultaneous with the Effective Date.
01889329-1
[SIGNATURES AND ACKNOWLEDGEMENTS APPEAR ON THE FOLLOWING
PAGES]
01889329-1
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed.
CITY OF BOYNTON BEACH
ATTEST:
I, !It. By:
City V ler1 1.r1'enserga
Address:
i
Witnes �''� ��
gh
Printe ame: , J n� ,'�O��TO/V
0 .0 Po.iare .�Fy.'i
APPROVED AS TO O' : S ti.• C +t
1g2k
111 •••••....
City Attorney '`�� F►_q`
STATE OF FLORIDA }
COUNTY OF PALM BEACH }
The foregoing instrument was acknowledged before me this a (6 day of
Sprti.COr yy , 2022, by-Tv ee,r\Se7 r,�, as Mayor of the CITY OF BOYNTON
BEACH, a rfiunicipal corporation/of the State a Florida. He/she appeared before me X in
person or ! electronically and is personally known to me or has produced
as identification.
Commission Expires: eiiA iI4'. ,/ L
actRrnoeG TAMMYLSTANZIONE
' Commission#GG 306158
Expires March 25,2023
''nor Af Wed Tin BudgetNelery Berrien
01889329-1
Signed, sealed and delivered: DEVELOPER:
BOYNTON BEACH TOWN CENTER
APARTMENTS, LLC, a Florida limited liablity
company
/
p
Witne ,/� i 4( aBy:
11. • \p " i 46* Nar
Printed Name: L-0�( f G 0
Witness „_ Dated: MarcSk- 2 Za 2-
Printed
Printed Name:`.
STATE OF p elite (me— )
) SS
COUNTY OF PJ `(d Gam-- ) "'
The foregoing instrument wa ac n�ovle d before me this 2v�day of AIWA , D2%
2 by KO 'E'i 1 1LI42 ' of BOYNTON BEACH TOWN
CENTER APARTMENTS, LLC, a Florida limited liablity
company.
He or she is appeared before me)4 in person or
electronically and is:
[A personally known to me, or
r ] produced identification. Type of identification produced •
(Seal) NOTARY PURL :
.,0 ,
Print Name:' V , i' '_ . Fitt—
My
commission expires: 6c -\ t 11102.G
ALEXANDRA J FINK
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 F16349139
01""93
2
' Qualified in New York Cou ty
My Commission Expires: /0(I 111Z`'
EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTOR PROPERTY
Parcel 2, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127,
Page 1, Public Records of Palm Beach County,Florida.
01889329-1
EXHIBIT "B"
LEGAL DESCRIPTION OF SOUTH PARCEL
Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book
127, Page 1, Public Records of Palm Beach County, Florida.
01889329-1
I
EXHIBIT "C"
LEGAL DESCRIPTION OF EASEMENT PROPERTY
A parcel of landing being a portion of Parcel 2, BOYNTON BEACH TOWN SQUARE, according to the
Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records of Palm Beach County, Florida.
Being more particularly described as follows:
Commencing at the Southwest corner of said Parcel 2;
Thence North 00°20'03" West(as a basis of bearings)along the Westernmost West line of said Parcel 2,a
distance of 30.30'to the POINT OF BEGINNING;
Thence continue North 00°20'03" West along said Westernmost West line, a distance of 24.00 feet;
Thence North 89°40'29" East, a distance of 29.40 feet to a point lying 5.00 feet East of and parallel with
(as measured at right angles)the Easternmost West line of said Parcel 2;
Thence North 00° 19'56" West along said parallel line, a distance of 262.00 feet;
Thence North 89°40'29" East,a distance of 247.13 feet;
Thence North 00° 19' 31" West, a distance of 16.47 feet to a point being on the North line of said Parcel
2;
Thence North 89° 16'40" East along said North line,a distance of 33.45 feet;
Thence South 00° 19' 31" East, a distance of 21.70 feet to the point of curvature of a circular curve to the
right;
Thence Southerly and Westerly along the arc of said curve having a radius of 40.00 feet, a central angle
of 67°19'05, for a distance of 47.00 feet;
Thence South 00° 19'56" East, a distance of 220.09 feet;
Thence North 89°40'29" East,a distance of 161.08 feet to a point being on the East line of said Parcel 2;
Thence South 01°22'45" East along said East line, a distance of 24.00 feet;
Thence South 89°40'29" West,a distance of 15.11 feet;
Thence South 00° 20'03" East,a distance of 20.37 feet;
Thence South 89° 39'57" West a distance of 56.71 feet;
Thence South 00° 20'03" East,a distance of 9.86 feet;
Thence South 89° 39'57" West, a distance of 71.32 feet;
Note: The proceeding three courses and distance coinciding with the Southern limits of said Parcel 2;
Thence North 00°20'03" West,a distance of 30.25 feet;
Thence South 89°40'29" West,a distance of 303.76 feet to the POINT OF BEGINNING.
Said lands situate, lying and being Section 28, Township 45 South, Range 43 East, City of Boynton
Beach,Palm Beach County, Florida. Containing 1.89 acres more or less.
01889329.1
EXHIBIT "D"
Insurance Coverage
Automobile Liability
Bodily injury and property damage liability covering all owned, non-owned and hired
automobiles for limits of not less than$500,000 bodily injury each person, each accident and
$500,000 property damage, or$500,000 combined single limit each occurrence/aggregate.
Commercial General Liability
Bodily injury and property damage liability as shall protect the City or Grantor from claims of
bodily injury or property damage which arise from the use of the Easement. The amounts of such
insurance shall be $2,000,000 per person, $2,000,000 per occurrence, and a general aggregate
limit of$5,000,000.00. This insurance shall include coverage for products/completed operation,
personal injury liability and contractual liability assumed under the indemnity provision of this
Easement.
Workers' Compensation Insurance
Meeting the statutory requirements of Florida and Employer Liability of$1,000,000 per
accident limit, $1,000,000 disease per policy limit, $1,000,000 disease each employee limit,
providing coverage for employees and owners.
Professional Liability Insurance
In an amount of not less than $2,000,000 each claim and$2,000,000 aggregate.
01889329-I
ASSIGNMENT OF TEMPORARY PARKING EASEMENT AGREEMENT
(NORTH PARCEL)
This Assignment of Temporary Parking Easement Agreement (North Parcel) (this
"Assignment") is made and entered into as of April 10h, 2023 by and between Boynton Beach
Town Center Apartments LLC, a Florida limited liability company ("Assignor"), and Boynton
Beach Town Center Apartments I LLC,Boynton Beach Town Center Apartments II LLC,Boynton
Beach Town Center Apartments III LLC, Boynton Beach Town Center Apartments IV LLC,
Boynton Beach Town Center Apartments V LLC, Boynton Beach Town Center Apartments VI
LLC,Boynton Beach Town Center Apartments VII LLC,Boynton Beach Town Center Apartments
VIII LLC and Boynton Beach Town Center Apartments IX LLC, each a Florida limited liability
company,as tenants in common(collectively as"Assignee").
RECITALS:
Whereas, Assignor, Boynton Beach Town Center Apartments LLC, a Florida limited
liability company,is the Grantor er that certain Temporary Parking Easement Agreement(North
Parcel)with an Effective Date of n 1 2 2023,with City of Boynton Beach,Florida,as
"City"thereunder(the"Agreement' ; and
Whereas,Assignor desires to assign its interest in the Agreement to Assignee and Assignee
desires to receive such assignment and assume the obligations of Assignor under the Agreement;
and
Whereas,City has previously consented to this Assignment.
NOW,THEREFORE, for and in consideration of the premises and other good and valuable
consideration,the receipt and adequacy of which are hereby acknowledged,Assignor and Assignee
agree as follows:
1. Assignment. Assignor hereby assigns,conveys, sets over and transfers to Assignee
all of its right,title and interest in and to the Agreement.
2. Acceptance and Assumption by Assignee. Assignee hereby: (a) accepts the
assignment described in Paragraph 1 above; and (b) agrees to assume and perform all of the
obligations,responsibilities and liabilities of Assignor under the Agreement.
3. Successors and Assigns. This Assignment shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
4. Governing Law; Counterparts. This Assignment shall be governed by, and
construed in accordance with,the laws of the State of Florida. This Assignment may be executed in
any number of counterparts, each of which shall be deemed an original and all of which together
shall constitute one and the same agreement. Facsimile and pdf signatures shall be considered to be
originals.
33874.0005
54087221 v2
IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first written
above.
ASSIGNOR:
Boynton Beach Town Center Apartments LLC, a
Florida limited liability ompany
•
By:
Name: Ro ert Kantor
Title: Manager
ASSIGNEE:
Boynton Beach Town Center Apartments I LLC
• Boynton Beach Town Center Apartments II LLC
Boynton Beach Town Center Apartments III LLC
Boynton Beach Town Center Apartments IV LLC
Boynton Beach Town Center Apartments V LLC
Boynton Beach Town Center Apartments VI LLC
Boynton Beach Town Center Apartments VII LLC
Boynton Beach Town Center Apartments VIII LLC and
Boynton Beach Town Center Apartments IX LLC,each a
Florida limited liability company
By:
kdi
- -Name: Robert Kanto
Title: Manager of each of the above entities
33874.0005
54087221v2