CORRESPONDENCE
~l \
\ \
LAW OFFICES ____ .o~
" MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P-A
KAREN LEVIN ALEXANDEq
THOMAS M BE,ASON
PETER L, BRETON
ROBERT BRODY
E, COLE F"'TZGERALD, m
JOHN F" F"LANIGAN
ANDREW F"ULTON. m
JAMES PATRICK GARRITY
MYRA GENDEL
TIMOTHY'" HOBAN
MARTIN V KATZ
WILLIAM B KING
RONALD K. KOLlNS
LISA MILLER LAYMAN
STEVEN A. MAYANS
JON C. MOYLE
DAVID S. PRESSLY
MARK E. RAYMOND
THOMAS A. SHEEHAN, m
DONNA H STINSON
MARTA M SUAREZ "'URIAS
VIRGINIA L. VANCE
NANCY KAREN VORPE
9TH F"LOOR. BARNETT CENTRE
625 NORTH FLAGLER OqlVE
POST OFFICE BOX 3888
WEST PALM BEACH, FLORIDA 33402
TELEPHONE (305) 659 7500
TELECOPIER (305) 659 1789
TALLAHASSEE OF"F"ICE
SUITE 100. THE PERKINS HOUSE
lie NORTH GADSOEN STREET
TALLAHASSEE. F"LORIOA 32301
TELEPHONE (904) 681 3828
A
/
(
RECEIVEr)
March 20, 1987
'"
Raymond Rea, Esquire
120 East Boynton Beach Blvd
Boynton Beach, FL 33435
MAR ~n 198-'
PLANNli~i.:.I DEPT
-
Re Quantum Park - Land Swap Agreement
Dear Ray
Enclosed please find a copy of the revised Land Swap
Agreement, which has been revised in accordance wi th the meeting
held last week among Quantum Associates, the FOP, and the city
You will note that the Ci ty I S arrangement wi th the FOP is to
be handled by a separate agreement.
with regards to a reverter in a deed to the FOP, I checked
S689 18, Fla Stats (1985), and the city may be protected under
Subsection ( 5 ) (which exempts conveyances to non-profit
corporations or associations) and Subparagraph (7) (which provides
alternate forms of relief)
You need to contact Rafael Saladrigas (967-5696),
surveyor, with the exact location of the FOP parcel He
revise Exhibit "B" for purposes of designating the 1 acre
Quantumls
will then
parcel
Please let me know your comments as soon as possible
I have hand delivered copies of the revised Agreement to Alan
Mar t incavage and Steve Deutsch, Esqu ire, respect i vely, and their
comments may necessitate some additional changes
Thank you for your cooperation
Sincerely,
~.4~(dc.-
David S Pressly
DSP/dc
cc Peter Cheney (w/encl )
Carmen Annunziato (w/encl
Steven W Deutsch, Esq
0234Z!9
032087-11
1116P
LAND SWAP AGREEMENT
THIS AGREEMENT is entered into this day of April, 1987,
by and between Quantum Associates, a Flor ida general partnership
(hereinafter "Quantum"), the Ci ty of Boynton Beach, a Munic ipal
Corporation (hereinafter the "Ci ty"), and The Fraternal Order of
Police, a (hereinafter the "FOP").
WHEREAS, the City owns that certain 13.04 acre (+) parcel of
land (hereinafter "PCD Property") in the Ci ty of Boynton Beach,
Palm Beach County, Florida, more particularly described as follows
The East 1/2 of the NW 1/4 of the SW 1/4 of
Section 16, Township 45 South, Range 43 East,
less the Right-of-Way for Seaboard Coast Line
Railway, and less 1-95 Road Right-of-Way. (as
more particularly shown in that certain survey
prepared by Rafael Saladrigas, F.R.S. &
Associates, dated March 5, 1985 (Job No.
86-S-002), annexed hereto as Exhibit "A"): and,
WHEREAS, Quantum owns that certain 15 1362 acre (+) parcel of
land (hereinafter "Park Property-I") and that certain 1.00 acre
(+) parcel of land (hereinafter "Park Property-2") both in the
Ci ty of Boynton Beach, Palm Beach County, Flor ida, collectively
referred to as "Park Property," more particularly descr ibed as
follows
Parcel 92 in that
Rafael Saladrigas,
Number D-77-S-86
hereto as Exhibit
therefrom the 3 8
said survey: and,
certain survey prepared by
F.R S & Associates, Drawing
(Job No. 86-S-27) annexed
"B", excepting and excluding
acre (~) wetland shown on
WHEREAS, the parties hereto desire to exchange the
above-referenced parcels in accordance with the terms of this
Agreement, in such manner that Quantum owns the fee simple title
to the PCD Property and the City owns the fee simple title to the
Park Property: and,
WHEREAS, the City and the FOP have entered, or will enter,
into an agreement (hereinafter the "City/FOP agreement") regarding
Park Property-2 that is separate and apart from this Agreement:
and,
WHEREAS, this Agreement is in accordance with Condition 43 of
Ordinance 84-51 (as amended) adopted by the Ci ty on December 18,
1984
NOW THEREFORE, for good and valuable considerations, received
by each Party from the other, it is hereby agreed as follows
I. Quantumls Obligations
following manner
Quantum shall be obligated in the
A Quantum shall pay the FOP $175,000 00 in u.S.
Dollars, which money will be used by the FOP for purposes of
designing and constructing a clubhouse on Park Property-2
(however, in the event that there are any funds remaining after
the construction of said clubhouse, the excess funds may be used
in the manner deemed appropriate by the FOP). Such payment to the
FOP shall be made to the FOP in installments, on an as needed
basis during the design and construction of the clubhouse. The
FOP shall present a written requisition to Quantum when an
installment payment is needed This payment of $175,000 00
represents all of Quantumls obligations to and regarding the FOP.
B Within 24 months after the Date of Closing (defined
below) the Park Property shall be filled to an elevation of 12 0
feet above mean sea level, wi th the trees and vegeta tion being
elimina ted ther ef r om in acco r dance wi th the gr adi ng plan for the
Par k Proper ty currently on file wi th the City I s Planning
Department
1
~,,. "j.#
/ ~ .\
. \
C Within 24 months after the Date of Closing, the Park
Property shall be in a condition that is suitable for the
construction of playing fields and up to two (2) concession
buildings, in accordance with the subsurface exploration and
geotechnical engineering evaluation (dated September 18, 1986)
prepared by Soi 1 and Mat er ial Eng ineers, I nc cur ren tly on fi le
with the cityls planning Department
D Within 24 months after the Date of Closing, Quantum
shall provide the storm drainage outfall required for the Park
P rope r ty, wi th the City being responsible for all fi 1 tr a tion and
water quality retention
E Within 24 months after the Date of Closing, Quantum
shall provide utilities to the property line of the Park Property
in accordance with the construction plans approved by the City as
a part of the Cityls platting process with respect to Quantum Park
at Boynton Beach, PID
F wi thin 24 months after the Da te of Closing, public
access to the Park Property shall be provided in accordance with
the easements dedicated to the Public in the preliminary plats
approved by the City as a part of the Cityls platting process with
respect to Quantum Park at Boynton Beach, PID
G Quantum I s obligations herein shall survive Closing
(for purposes of this Agreement "Closing" shall mean the exchange
of deeds described in Paragraph V below)
II Cityls and FOpls Obligations
be obligated in the following manner
The City and the FOP shall
A. As of the Date of Closing the City represents and
warrants that the PCD Property shall be
a zoned PCD
Development), under the City's
sq ft of office use;
(Planned
Zoning Code,
Commercial District
allowing for 287,750
b. classified
Cityls Comprehensive Plan;
as
Office-Commercial
under
the
c. platted in accordance with the preliminary Plat
of P.C D Center approved by (and on file with) the City as a part
of the cityls platting process
B The City and the FOP, in their respective use of the
Park Property, as well as all other persons using the Park
Proper ty, shall abide by the terms of the Development Or der (as
amended) issued by the City for Quantum Park at Boynton Beach
C The Park Property shall be used in perpetuity for
public park purposes, except that Park Property-2 may also be used
by the Fraternal Order of Police as a clubhouse for its members
D No building or buildings shall be constructed,
installed, or substantially altered on or upon the Park Property
without Quantumls prior written approval of the architectural
plans and drawings for such building(s) Quantum shall act
reasonably and in good fai th wi th respect to such approval, and
shall base its decision to approve or disapprove on the scheme of
-2-
1116P
development in the Planned Industrial Development known as Quantum
Park at Boynton Beach.
E In developing the Park
cooperate with Quantum for purposes
beneficial use of the Boardwalks to
wi thin the Sand pine Scrub Preserve
Property
Property, the City shall
of maximizing the Public I s
be constructed by Quantum
area adjacent to the Park
F The City's and FOPls obligations herein shall
survive Closing (the term "Closing" being defined in Paragraph IG.
above)
III. Condition Precedent
As of the Date of Closing the PCD property shall be free
and clear of the reverter clause contained in that certain County
Deed recorded in Official Records Book 644, Page 47; in the event
that such reverter clause has not been properly released by Palm
Beach County as of the Date of Closing, this Agreement shall be
null and void, and the Parties shall have no further obligations
hereunder. Quantum and the City shall use their best good fai th
efforts to achieve the release of said reverter clause by Palm
Beach County. It is understood by the City that a reverter clause
limiting the use of Park Property-l to public park purposes will
be contained in the Deed from Palm Beach County conveying Park
Property-l to the City.
IV. Additional Park Property-l
Palm Beach County currently owns a right-of-way for Miner
Road pursuant to that certain Right-of-Way Deed recorded in
Official Records Book 4594, Page 1451, in the Public Records of
Palm Beach County. Quantum is cur rently negotiating with Palm
Beach County and High Ridge Country Club, Inc. for the purpose of
realligning this Miner Road r ight-of-\.,ay Through the proposed
reallignment of the Miner Road right-of-way, Quantum is seeking to
obtain fee simple title to a portion of said right-of-way pursuant
to a land exchange involving Palm Beach County, Quantum and High
Ridge Country Club, Inc.
The property that Quantum is seeking to obtain fee simple
title to pursuant to the land exchange referred to in this
Paragraph IV shall be referred to as the "additional property."
I f Quantum obtains fee simple title to the addi tional proper ty
prior to the Date of Closing hereunder, then that part of the
additional property that abuts the north boundary of the Park
Property shall be included in this Agreement as a part of Park
Property-l in the same manner as if said property had been a part
of Park Property-l on the date that this Agreement was entered
into Quantum makes no representations as to its ability to
obtain the fee simple title to the additional property, and this
Agreement is not contingent on its acquisition of such fee simple
title. It is understood that, in the event that Quantum does
obtain the fee simple title to the additional property, the
property to be included as a part of Park property-l is only that
part of the additional property that abuts the north boundary of
the Park Property
V City/FOP Agreement It is understood that the City and
the FOP have negotiated, or \.,ill negotiate, an agreement
("Ci ty /FOP ag reement") regard ing Park property- 2, which shall be
separate and apart from this Agreement The City/FOP agreement
shall not contain any provisions in conflict with this Agreement,
and the City and FOP expressly acknowledge, represent and warrant
that Quantum shall have no obligations or liability arising out of
the City/FOP agreement
-3-
ll16P
VI Impact Fees. The Ci ty represents that no traff ic impact
fees will be imposed in connection with the development of the PCD
Property This representation shall survive Closing.
VII. Closing Closing shall take place on ,
1987 ("Date of Closing") at the law offices of Moyle, Flanigan,
Katz, FitzGerald & Sheehan, P.A., 625 North Flagler Drive, West
Palm Beach, Florida, or such other location mutually agreed to by
the Parties hereto. At the Closing the subject deeds shall be
exchanged in the following manner
A. Quantum will convey Park property-2 to the City by
Statutory Warranty Deed, subject only to (i) those matters of
Public Record as of the date of this Agreement, (ii) matters
appearing on the preliminary plat (approved by the City)
containing such property, and (iii) a reverter clause limiting the
use of the property in perpetuity to Public Park and FOP clubhouse
purposes.
B. Quantum will convey Park Property-l to Palm Beach
County by Statutory Warranty Deed, subject only to those matters
of Public Record as of the date of this Agreement, as well as
matters appearing on the preliminary plat (approved by the City)
containing such property.
C. Palm Beach County will convey Park Property-l to the
City by County Deed (in accordance with ~125 411, Fla Stats
(1985)), subject only to (i) those matters of Public Record as of
the date of this Agreement, (ii) matters appearing on the
preliminary plat (approved by the City) containing such property,
and (iii) a reverter clause limiting the use of the property for
public park purposes
D The City will convey the PCD Property to Quantum by
Statutory Warranty Deed, subject only to those matters of Public
Record as of the date of this Agreement (excluding the reverter
clause referred to in Paragraph IlIA. above)
E. The FOP will quit-claim to Quantum (by Quit-Claim
Deed) all of the FOP's right, title and interest in and to the PCD
Property and any improvements thereon (including, but not limited
to, its rights as a tenant)
VIII. Closing Costs and Documents/Taxes. Each Party shall bear
its own closing costs and expenses, and shall, at Closing, deliver
to the other Party a standard Mechanicls Lien Affidavit In
particular, the City shall pay all of the documentary stamp tax
applicable to the transfer of title of the Park Property, and
Quantum shall pay all documentary stamp tax applicable to the
transfer of title of the PCD Property
IX Attorneyls Fees and Costs In any litigation (including,
but not limited to, trial and appellate proceedings) arising
hereunder, the prevailing Party shall be entitled to recover
reasonable attorneyls fees and costs
X Recording Neither this Agreement nor any notice thereof
shall be recorded in any public records.
XI. Default Upon default by any Party, the non-defaulting
Party or Parties shall be entitled to pursue any remedy available
in law or equity, including, but not limited to, specific
performance
XII Effective Date. This Agreement shall be effective as of
the date when the last one of the Parties hereto has signed this
-4-
ll16P
Ag r eemen t If not signed by all Par ties on or befo r e Apr i 1 14,
1987, this Agreement shall be null and void
IN WITNESS WHEREOF, the Parties hereto
Agreement to be executed by the proper persons
forth below
have caused this
in the manner set
WITNESSES
QUANTUM ASSOCIATES, a Florida
general partnership
(1)
By
Edward B Deutsch, as
General Partner
( 2)
Dated April __, 1987
CITY OF BOYNTON BEACH
WITNESSES
(1)
By
Dated April
, 1987
( 2)
FRATERNAL ORDER OF POLICE
WITNESSES
(1)
By
( 2)
Dated April
, 1987
EXHIBITS
"A" - Survey of PCD Property
"B" - Survey of Park Property
- 5-
ll16P
-.'"tl-'
---
CITY of
BOYNTON BEACH
-----
200 N Seacrest Blvd
Post Office Box 310
Boynton Beach, FL 33435
(305) 734-8111
:':~.~;~~~~~e~~~~ .YO<, . ~ '. c"
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OFFICE OF THE PLANNING DIRECTOR
31 October 1986
Mr George Zimmerman
Deutsch-Ireland Properties
Suite 1106
2455 East Sunrise Boulevard
Ft Lauderdale, FL 33304
Dear George
Attached please find a copy of a Memorandum from the City
Engineer in reference to the soil survey for Quantum Park
Please let me have your comments at your earliest convenience
Thank you
Yours very truly,
CITY OF BOYNTON BEACH
~J
Carmen S
Planning
/bks
cc
City Manager
City Engineer
Central File
'.
vy"r--..,.--
1.>.L
)
OCT WF\~
M E M 0 RAN DUM
PLAf\jj\\1 U ...;~ r
October :a9, 1986
TO
Mr Carmen Annunziato
City Planner
FROM
Tom Clark
City Engineer
RE
Quantum Park Soil Survey
The subject report appears to be sufficiently comprehensive
except for the following items -
1 Auger boring logs and locations etc should accompany
the report
2 The amount of fill required, not including the amount of
backfill to replace muck that may have to be removed, was
not addressed The estimated amount based on the elevations
referenced in the report, ie, fill from average elevations
of 9 00 to 12 00 would be approximately 83,000 cubic yards
and if a shrinkage factor of 20% is used a total of 100,000
cubic yards of fill would need to be hauled in
Except for the above, I do not take exception to any of the
recommendations made in the report
- ~ f- _ /Y/ /J
~- c::r::~
Tom Clark
--.,
TAC/ck
cc City Manager
Charles Frederick
~'----'--"II
LAW OFFICES
-'
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A
9TH FLOOR, BARNETT CENTRE
KAREN LEVIN ALEXANDER
THOMAS M BEASON
F'ETER L. BRETON
ROBERT BRODY
E. COLE FITZGERALD, III
JOHN F FLANIGAN
ANDREW FULTON, ill
.JAM ES F'ATRICK GARRITY
MYRA GENDEL
TIMOTHY F' HOBAN
MARTIN V KATZ
WILLIAM B. KING
RONALD K. KOLlNS
LISA MILLER LAYMAN
STEVEN A. MAYANS
.JON C. MOYLE
DAVID S. F'RESSLY
MARK E. RAYMOND
THOMAS A. SHEEHAN, III
DONNA H STINSON
MARTA M SUAREZ MURIAS
VIRGINIA L. VANCE
NANCY KAREN VORF'E
625 NORTH FLAGLER DRIVE
POST OFFICE BOX 3888
WEST PALM BEACH, FLORIDA 33402
TELEF'HONE (305) 659 7500
TELECOPIER (305) 659 1789
TALLAHASSEE OFFICE
SUITE 100, THE PERKINS HOuSE
118 NORTH GADSDEN STREET
TALLAHA5SEE. FLORIDA 32301
TELEF'HONE (904) 681 3828
January 20, 1987
Raymond Rea, Esquire
city of Boynton Beach
P.O. Box 251
Boynton Beach, Florida
~
33425
Re Quantum Park - Land Swap
Dear Mr. Rea
Based on my conversations with Richard Graddock, there are two
issues to be resolved regarding the land swap. The first involves
the rever ter language, the second involves the process of
exchanging deeds.
As to the
down on the
reques ting in
believe tha t
following
first issue, I have not been able to pin the County
exact reverter language that the County will be
the deed to the Ci ty of Boyn ton Beach; however, I
the rever ter language wi 11 be very simi lar to the
1. Said land shall be used solely for park purposes, all for
the general public, without regard to residency.
2. Said land shall not be sold, conveyed, hypothecated,
encumbered, or transferred wi thou t the approval of the
Board of County Commissioners by resolution
As to the second issue, the two alternatives are as follows
l. Quan turn .Z\ssocia tes conveys the Quantum property to the
City, and the Ci ty conveys the Ci ty property to Quantum
Associates.
2. Quan turn Associates conveys the Quantum proper ty to the
Coun ty, the Coun ty conveys the Quantum proper ty to the
City, and the Ci ty conveys the Ci ty proper ty to Quantum
Associates.
l306P
..
Raymond Rea, Esquire
January 20, 1987
Page 2
The County has suggested the three-party approach.
Associates will exchange the Deeds in whatever manner
between the County and the City
Quantum
agreed to
I recommend that a meeting be held among Richard Graddock, you
and me as soon as posslble for purposes of resolving these two
items.
If you have any questions, please call.
Sincerely,
}mv~'1\2J~V
David S pri'ssly
DSP/wp
cc Carmen Annunziato
Peter Cheney
l306P
l{UANTUl\l
PARk
/11 ~ N/
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FL'
November 19, 1986
Mr Ralph Biernbaum
South Lake Drive
SLdlliford, Connect_icut 06903
Re Miner Road right-of-way relocation
Dear Mr Biernbaum
In accordance with our meeting two weeks ago, our engineers, Rossi
& Malavasi, have prepared a realignment sketch for the High Ridge
Road righ1--of-way that would suit the County road riqht-of-way
standards The sketch also accomplishes our goal of eliminating
proprrty that we own, that now exists in an unusable configuration
nOLth of MIner Road and south of your property
rl'be transfer of lands contemplated by this sketch will provide
High Ridge Country Club with an additional 1,300 feet of frontage
dlong Miner Road that they currently do not posess The mechanics
of the right-of-way realignment would require that High Ridge
Lountry Cllb dedicate 5648 acres of land (shown in bright yellow
on the attached drawing) fOl Miner Road right-of-way purposes In
e~2hange for that dedication and Palm Beach County's agreement to
relocate the right-of-vlay in accordance wi th this sketch, Quantum
}Jalk would deed 3408 acres ( shown in tan on the attached
drawing) to High Ridge Country Club
In turn, Quantum Park would dedicate 5228 acres (in cross hatch
on the atlached sketch) for Miner Road right-ot-way purposes and
would receive existing right-cf-way, that will be abandoned in the
amount of 1 0876 acres (shown in green and blue on the attached
sketch)
We feel that a roadway realignment, dedication and abandonment, as
contemplated in this design, will be a benefit to all those
involved It will help facilitate a land exchange with the City
of Boynton Beach to establish the City park on the south side of
Miner Road It will consolidate all of Quantum Park's holdings to
the south of Miner Road right-of-way while providing full frontage
to the High Ridge Country Club lands north of Miner Road
2455 t:AST SUNRISE BOULH",RO . SlJlTE 1106 . FORT LAUDERDALE FLORIDA 33304
6fhJWARU Joe, S64S11-1 . f'ALM5EACHi305)'3-1J555
Mr Ralph BieI:nbaum, Continued
November 19, 1986
Page 2
I would appreciate it if you would review this proposal with the
remainder of the parties involved so that we can determine the
feasibility a.nd timing of an exchange I know that you have
requested a drawing that illustrates how this area af land impacts
your existing property, and we will continue to work on the
preparation of that drawing for you If you have any questions
concerning the layout or our proposal, please call me
Very truly yours,
GEORGE W ZIMMERMAN
Vi~e President of Development
GWZ aem
~C Mr Edward B Deutsch
Mr Carmen Annunziato, City Planner~
Irwin S Rever, Esq
David S Pressly, Esq
Steven W Deutsch, Esq
Mr Enrico Rossi
Mr Rafael Saladrigas
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N LINE
MINER ROAD EXISTING RIGHT-OF-WAY CURVE CHART
ARC
CURVE NO RADIUS DELTA LENGTH
60 1963 86 070 50' 43" 268 90'
61 1855 86 070 50' 43" 254 12'
62 850 00 240 09' 27" 358 38'
SCHEDULE OF AREAS
AREA ACRES
LOT NORTH OF EXISTING RIGHT-OF-WAY 0 8636
OF MINER ROAD (LOT 92-A)
2
LOT 92-A, RE-ALIGNMENT OF MINER
ROAD RIGHT-OF-WAY (AS PROPOSED)
o 3408
3
LAND TO BE ACQUIRED IN SECTION 8
DUE TO MINER ROAD RE-ALIGNMENT
o 5648
4
GAIN IN AREA IN LOTS 92 & 93 OF
QUANTUM PARK AT BOYNTON BEACH,
P I D PROPOSED PLAT NO 3 WITH
PROPOSED RE-ALIGNMENT OF MINER
ROAD RIGHT-OF-WAY
I
1 0876
BEARING DATUM
THE NORTH LINE OF SECTION 17 TOWNSHIP
45 SOUTH, RANGE 43 EAST IS ASSUMED TO
BEAR NORTH 890 16' 21" EAST AND ALL
BEARINGS SHOWN HEREON ARE RELATIVE
THERETO
FRS & ASSOCIATES
ENGINEERS LAND SURVEYORS LAND PLANNERS
WEST PALM BEACH FLORIDA
SCALE. J" = 200' APPROVED BY DRAWN BYPB MORALES
DATE. 11/:3 /86 JOB NO
SURVEY SKETCH OF MINER ROAD
SHOWING PROPOSED RE-ALIGNMENT
NORTH OF PROPOSED QUANTUM
PAR AT 80 N N 8 A 0
86-5-42
DRAWING NUMBER
0- 90 - 86-5
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