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LEGAL APPROVAL ~E\l BY 1 I I 0-23-34 1u 47 :JOSIAS & GORE\. P.A.- Boyn:on BctJ :'21;; .' 9 , , l_ I FACSIMILE TRANSMISSION JOSIAS , COREN, P.A. Attorneys at Law suite 200 J099 Ee~t commeroial BoulQvard Fort Lauderdale, Florida 33309 Telepbone (J05)771-4S00 Palm 5each {407)276-9400 Facsimile (JO~> 771-492~ RECIPIENTS FAX NO.: 1-~07-37!5-6090 TO: carrie Parker DATE: 6/29/94 City Manager FROM = James A. Che~of. ~squire This transmission contains ~ pages including coversheet. FILE REFERENCE: ___Roynton~ch General Matters FILE NO,: 9001a~ CCMMEN'l'S . At~_Qhed is an Amendment o~ Plat doeument and supp~~p-q resol~~ion whioh has boon oropo804 bv ~ru-OOn Development Cor~r.tion to remo4y the >>roble.u ore.tea by item DO. ~~e Plat 4oeument. Please bave tbe City ED9ineer r~viev tbis document and advise me it it meets with biB sPQ.rova.l. If the 90ntent ~the Amen~ent 1s aooep.ta~lef it oan ~ plaoed on the ~~ission Aqenda for approval. Tht infl.'rmatl.:n COl"tt,ined in tt1is tao;si~.,Ht ~&I!ge and the pagllS following ere .ttorney privileged .nd confidential lnfonftatton \~!end~ only fer C~ll use ~1 tne 1~1vldual or entity ~ abaYe. If th~ r~r Q1 \..;~ lIll!!>ell~t: ;3 oot tre int~r>dcd ~ecilli&nt, you Wlr8 heteby l'\Otiiiecl t!\at any di'UPI;l\Ation. distrib.rl:illf'l or copy cf t!lis COilllllJnlcation i\ $trfetl y protllbi teo. I f y~ haw received tb!& cOIEll'lication in error. ~lease imediatelY n{ot~fy U& ~' te\epo'1one am tetuh'; ttllt or'9inat JI1l?sstrge to us at the .Il~-addr@s& vi. tt',e U.S. Postel Service. T~,ri. you. If any problems ocour in receiving thi~ message, please call this offioe at (305) 771-4500. Thank you. 90tl1a2,IlQ L~GALDI'T.FAX ~_~41~~~ /U/~~ o.--f!.4-0 /G?v?n/~. /lZOAz/c ~- RECEIVED jut! 2 S 1991t C\1YMI\NAGERSOFfICE SE\ T B'r (~- ~ ~H).! }Oju :JoSIAS ,Ii GoRE\. P..~.- Boyn:on Bch :ax;: 8: 9 R~SOLUTION NO. 94- A RESOLUTION OF THg CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT OF PLAT AGREEMENT WITH BOYNTON LAKES PlAZA PARTNERSHIP AND FRU-CON DEVELOPMENT CORPORATION FOR THE AMENDMENT OF THE LAWRENCE LAKES SHOPPING CENTER PLAT AND PROVIDING AN EFFECTIVE DATE. ~~EREAS, the City, Boynton Lakes Plaza Partnership and Fur-Con Development corporation have heretofore executed a plat for the Boynton Lakes Plaza 5hoppinq Center, said Plat b.aing rlillC'ordQd on Ma.1;'ch 3, 1993, in Plat Book 70 on paqes 47 and 48 of the Public Record. of Pal~ BGach County, Florida; and WHEREAS, item no. 9 on the surveyor's note set fo~th on the Plat limiting the total $quore footage of all buildings on the entire plac to l35/97~ square feet i5 incorrect and the par~1es desire to amend the Plat to delete item 9 therefrom; and WHEREAS, the City, Boynton Lakes Plaza Partnership and Fru-Con Development Corporation have agreed to a correction of the surveyor I s note by the execution and recordation of an Amendment to Plat, NOW, THEREFORE, BE IT RESOLVED BY THB CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: &l,.ction 1- The Mayor and city Clerk are hereby authorized to execute, on behalf of the city of Boyn~on Beach, Florida, the AmQnd~Qnt of Plat dOQllmGnt attaohQd harGto as E>thibit "Alt. ~otion 2. All re501ution3 or parts of re3olu~ions in conflict herewith az;.e hereby repealed to the extent o:r such contlict. sec't1on 3, If any Clause, section, other. ,aJ'''~ or application or this Resolution is held by any court of :)E.\1 BY 6- 23-94: ~ () .,}0 . JuS!.\S & mRE\. P.:\.- Boyn:on Eca :Jx:i 9! 9 co~peten~ jur1s~lctlon to be uncon5titutional or invalid, in part or application, it shall not effect the v~lidlty of thQ remaining portions or applications or thi~ Resolution, Section 4.. This Resolution shall bec~nDe effective immediatelY upon its passage and adoption. PASSED AND ADOFTED BY THE CITY COMMISSION OF THE CITY OF Boynton Beach, FLORIDA, ~nIS ____ DAY OF I 1994. CITY OF BOYNTON BEACH, FLORIDA B'l: Mayor vice Mayor commissioner Commi5sioner commissioner AT'l'EST: CITY CLERK 1 HEREBY CERTIF'l that r have approved the fOOl of this RESOLUTION. JAMES A. CHEROF CITY ATTORNEY ""e/l... 6/'l9/Q4 900182 lESO PLATAMIiD SE\T Bi. ~-28-84. 10.47 .JOSiAS & GoRE\. P.A.- Boyn:on 8(h :ax:# 2/ 9 AMeNDMENT OF PLAT JZJ- THIS AMENDMENT OF PlAT (the -Amendment") is entered into as of the 4'/ day of ~ , 1994/ by and among BOYNTON LAKES PLAZA PARTNERSHIP, a ~rida general partnership (the "Partnership"I, FRU-CON DEVELOPMENT CORPORATION, a MIssouri corporat1on fttle "Lender"), and the CITY OF BOYNTON BEACH, a municipal corpora1ion organized and existing under the laws of the State of Florida (the .City") (the Partnership, the lender and the City being herein8fter at tiffi'a8 coUectiveiy referred to as the "Parties"). WHEREAS, in connection w~th the Partnership's development of Boynton Lakes Plaza shopping center on certain real estate in Palm Beach County, F:orlda, as more particularly des.cribed on Exhibit A attached hereto and incorporated herein by ~Etf.lrenCe (the .S"'opping Center-I, the Parties previously executed, delivQred and caused to be recorded a plat of the SllQPping Center, which plet was reoorded on Match 3, 1993, in Plat Book 70 on Pages 47 and 48 (the .Plat"); and WHEREAS, item numbsr 9 of the Surveyor's Notes set forth on the Plat ("Item sn) limiting the total 8quare footage of all building$ on the entire Plat to 135,975 square fee! Is Incorrect and the Parti~ de3ire to amend the Plat to delete Item 9 therefrom; NOW THEREFORE, in consideration of these presents and other good and valuable consider~tjon, the receipt8nd sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The Plat is hereby amended by deleting Item 9 in its entirety. 2. Except as expressly modified herein, the Plat shall remain unmodified and in full force and effect, and Is hereby ratlfle<1 and confirmed by the Parties. IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed by their respective duly authorized repre3cntotive3 or offioers, 8S the case may be, as of day and year first above written. BOYNTON LAKES PLAZA PARTNERSHIP By: Fru-Con Development of Florida, Inc, General Partner By: S[\I BY: 6-~9-9~. 1046 .J!)~l..\S & G0RE\. P..~..., Bayn:on E.~ :ax:# 3: 9 ll-ilif;;f~ 9ah~~ i am9: ~ By: {SEAL] CiTY OF BOYNTON BEACH Witf1esses: BV: Name: Mayor Name: Name: Witnesses: By: Name; City Engineer Name: [SEAL] NamQ: "~PH',"'lJ'P\olI!.'-"'OF1AT _ -2- ~[\ T Bi 1}-::9-84. :0.40 .JoSl.iS&GORE\. P..-\.- Boy::on B(J ~ax.= t. S STATE OF ~1~) ) ss. COUNTY OF 1J.,...r, It, ",) ) Before me personally appeared Richard Maloof, to me well known, end known to me to be the individual described in and whO executed the foregoing jr'\strument as Vice Pres!dent of Fru.Con Development of Florida, Inc" a Florida oorporation, which is a general partner of Boynton L9kes Plaza Partnership. a Florida General partnership, and who acknovv~dged to and before me that he executed suoh instrument as an of1icer of said corporation in tts capactty as a general partner of seid partnership and that the seal affixed to the foregoing instrument is 1he seal of said corporation and that is was affixca to said instrument bY the due and regular authority of said corporation, and that ,~id it1strument i~ the free act and deed of said partnership. WITNESS MY HAND ard official sa this ~j.si day of June, 1994. ~ Ie .. '=~ t.\'~=~1,18II7 My commission expires: STATE OF l1wn~lv.~~fJJ ~ )SS. COlJr.rry" OF } Before me personally appeared Richard Maloof, to me weff k.nown, and known to me to be the individual described in and who executed the foregoing instr'.i((t6nt as Vice President of Fru-Con Development Corporation, a Missouri corporation, and who acknowledged to and bofore me that he executed such Insuument as an officer of said f;orporation and that the seer affixed to the foregoing instrument is the seal of said corporatiOn ana that is was affixed to said Instrument t>V the due and regular authority of said corporation, and that said instrument ;s the free act and deed of said corporation. WITNESS MY HAND and official seal this O(/~ day of June, '994. (/. My commIssIon expires: ~:._.OU1"JU.ItAI~ T.tItt -3- SE\l BY E.~29-8-1, 10:43 ,JOSl.-\S & (fJftE\. P..~.~ Boyn:on Bch :ax:# 5; 9 STATE OF COUNlY OF ) ) 55. ) Before me personallv appeared end to me well known, and known to me to De tne IndividualS aescrlbed In and who executed the foregoing instrument as Mayor and City Engineer. respectively, of the City of Boynton Beach, a municipal corporation organized and existing under the laws of the Stete of Florid6, and who acknowledged to and before me that they executed suct1 InStrument as such otflcers of said corporation and that the seal aHh<ed to the foregoing instrument is the seal of said corporation and that Is was affixed to said instrument by the due and regular authority of said corporation, and that said instrument is the freo act and deed of said corporation. WITNESS MY HAND and official seai this day of June, 1994, Nota", Public I\,'ly commlssl0i1 expires: f1~!'HM-tl.""""oK'.DnAI._ .4. :')E\ T B'~ l ~ 2'i3~ 94; 1 U . 43 JuS! .-\S & GOR.E\. f'..~.'" Boyn:on Bch :3\.= 7; S DEDICATION OF "BOYNTON LAKES PLAZA" t , l . f<l.IOW .6U. f.EN BY Tl-ESE ~SENTS 1Hl\T OOYNTCf.I ~ PLAZA PARThEJ.&.tIP. A F'l...mIDA GO.ERAL PAR~IP. ~ W 1H:: LMDS SH:)WN IH:J [)[SCRIBED I-aEtlN, LYI~ IN SECTla-.I 8, T~IP 45 M.ffi.4, RN-C:.E 4.3 EAST. PAUC eEAGf ClI.NTY. Ft.MlOA, J)I{) ~ ..utCN AS -BOYNftl'4 ~S PLAZA-. N-O BEll\(; a.<<ft: PARTlcu..AR..Y rESCSUOOD /.S Fcu.oWS: .. CCM~n~ AT 1l-E ~TI-rfl'EST ~ (F SAID ~CTICN 8; nett. I'mll-t 85.10'2-4- c EAST, Al.<N; Tl-€ ~TH LI"f: (F SAID SECTIct4 8, A OISTAra ex: 60,01 FEET' nea, ' 50,.rlli 03"-iO'59" EAST, A OISTNCE W 26,01 FEET; 1l-EN:'E, tmTIi 85'10'24- EASi, ' A OlST~ CF 190,00 ffET TO A POl~ ~ EEGIN-U~: n-ea. cc;t.ITIN..E NRTH ~ 85'10'2-t" EAST. 1L0fIG ll-E SOlJJli -fUGHr-CF-WAr Llt-E t:F K1'PCl.l1XO ROAD. A DISTNa ~ ~ G44,15 FEET; 'Jl-V.I:E, SOJTH 49.~tl'J6' EAST, ALor-G 1H: WEST RlGiT-(F..WAY Lt"E: ~ _ CF OO't"NTO'I l..N<ES ~.IK), A PtST~ ~ 35 ,36 FEET; n-ENCE, SOJTH 0... '49'.SQ' . '(AST: .tQ\lTlt-lJII'G ALCN:; SAIO WEST RIGn-oF'-WAY Llt-.E, A OI$1'.AH::E (F 612.00 FU:T TO nE ~T CJ:R..ER rF BOYNTct.I LAI<ES PLAT p.o. S, P.U.D.. ACC;:CA)It--G TO n-E: i PLAT ~Cf'" I4S Rf:CtH:ED IH PlAT BOO< 52, PAGES 105 nRlGt 108. IN1.USlVE,. t Fl8...IC fE:CiP.DS C:F PALM BEAOf co..MY. FLCAlDA:~, SCU1'H 85'10'2-4- WEST. : N...~ ll-€ f-mll-ER..Y En..N)'~Y <F SAID BO't'NlQ\l LAKES PLAT N:). 5 A DISTNa ~ 'I e61.51 FEET TO 'M: INTERSECTla-.l1l-mEOF WI1}t Tt-E EAST AlcHt-CF'..WAY LI~ FCA ~ ~ AVEN...E; SAID EAST RH.iHr-a..WAY Llf\E EEII\G A a..R~, COCAVE WESTER..Y. i HAVIl'G A fW>IUS CF .5789. ~ FaT ND A fW)IAL LI~ PASSIt-G 'T1-fO.Q-f THIS POltolT ~ ElE.AR5 SOJl11 85.~' O~. WEST. 1"t-Da, f'mnt=1t..Y, JtLQ'G SAID EAST RIG-fT-OF'" WAY 1..1t.E a: ~ A ~ >>G..E r:F 00'$0'37', A OISTAN:%. CF $5.25 FEET TO A POINT ~ C T~i ll-ENCE, tmn-l 05-11'3511 ~T. cx::tlTlt-UItGAL~ SAID EAST RIGfT-<r-WAY, ..' A OISTAN:E ~ 178.82 FEET TO il-E POINT CF 'o..RVAiUE a: A a.R\'E TO 1l€ RIGrr'I JU) HAVII'-G A FlADIUS rF 11399.1& F'E:E.'T; 1H:N':.E ~~V. Al.a..ri ~O a..R'v1:: >>-D . SAID EAST RIGHT"Cf" -WA.Y. 1lfO...G( A CENTRAL AtoaE (F' 00 '46' OS8. A DISTNa: Q:' 152.91 FEET TO 1l-€ 00 CF SAID ClIM::: ne,a:, ~lH 86-10'24- EAST. A 01STAta a: 193,43 Fin"; naa.. ~n-C 04*49'36' EST, A DISTN-CE Cf' 219.96 FEET TO TI-E ' POINT ('E (EGI~I~, WJTAININ:7 11,63 AC1ES -.a:E a=t LESS. - J ii !l RESOLUTION NO. R94~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING REDUCTION OF THE LETTER OF CREDIT NO. P7126/93, ISSUED BY CREDIT SUISSE, FROM THE AMOUNT OF $219,698,33 TO $3' 5,000; DECLINING ACCEPTANCE OF A SUBSTITUTE LETTER OF CREDIT; AND PROVIDING AN EFFECTIVE DATE, l3 J-d4., P{ O-~A f'f~+ -Hk I' I ii !I :: 'i !! I i i WHEREAS, a Letter of Credit, No. P7126/93 in the amount of $219,698,33 was issued by Credit Suisse in order to ensure the completion of the required infrastructure improvements; WHEREAS, staff has verified completion of improvements pursuant to City Code of Ordinances, Subdivision and Platting Regulations; and the required Appendix "C", WHEREAS, the City is unable, under its current policy regarding acceptance of Letters of Credit to accept the Credit Suisse Irrevocable Letter of Credit No. 7136/94 in the amount of $3 5 , 000 . 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 reduction of the Letter of Credit No, P7126/93, issued by Credit Suisse from the amount of $219,698.33 to $3 5,000, Section 2, The City Commission of the City of Boynton Beach, upon recommendation of staff, accepts the Engineer's Certificate of Completion, prepared by Simmons & White, Inc., dated February 14, 1994, as well as the one year guarantee against I defects in workmanship and materials, Section 3. The Finance Department is directed to immediately return the unaccepted Letter of Credit No. 7136/94 in the amount of $35,000.00 to Credit Suisse. Section 4. This Resolution immediately upon passage, PASSED AND ADOPTED this /~ day of March, 1994, shall become effective FLORIDA Commissioner ATTEST: · d~~~c;2q(Jr>ip-""" Cit Clerk (Corporate Seal) rrFie City of 'Boynton 'Beacfi ~ .--------'. , 100 'E. 'Boynton 'BeQ€It 'BouUvard P.O. 'Bo~310 'Boynton 'Bead/-, 1"forida 33435-0310 City :J{af{; (40i) 734.8111 1"~: (407) 738-7459 OFFICE OF THE CITY ENGINEER Walter Cornnell, Inc, 22 S.E, 4th Street Boca Raton, FI 33432 Attention: Walter Cornnell, P.E, January 9, 1990 Re: The Blum Plat Land Development Permit Dear Mr, Cornnell: In accordance with the City of Boynton Beach, Florida, Code of Ordinances, Appendix "C", Subdivision and Platting, Article VIII, Section 9, "Land Development Permit", please be advised that this document constitutes a Land Development Permit in conjunction with approvals of and agreement for the construction of required improve- ments, and the formal approval of the final plat by the Honorable Mayor and City Commission, Those physical improvements not assured with proper surety or agreements will require building permits from the Office of the Director of Building and Zoning, Mr, Mike Haag, the Building Departments's Site Development Administrator can be reached at Tel: (407) 734-8111, Ext, 228, for information relative to building permits, A pre-construction conference is highly recommended as to provide the developer with an opportunity to meet with both building and site inspectors, including their supervisors, Thank you for your cooperation, Very truly yours, CITY OF BOYNTON BEACH -RECl!JvBn J~N 1 (J q I PLANN JNG DEPT. ------------: tL~~~ ' Vincent A, Finizio ~ Administrative Coordinator of Engineering VAF/ck cc: J, Scott Miller, City'~anager Christopher Cutro, Director of Planning John Guidry, Director of Utilities Mike Haag, Site Development Administrator 5fmerita s gateway to tfie gulfstream