REVIEW COMMENTS
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MEMORANDUM
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14 December 1987
TO
Betty S Baroni, City Clerk
FROM
Carmen S. Annunziato, Planning Director
RE
County Deed - City Park at Miner Road and E-4 Canal
Accompanying this memo you will find the original of a deed which
dedicates to Boynton Beach, park lands at Miner Road and the LWDD
E-4 Canal. The dedication of this parkland completes the City's
landswap with Quantum for the FOP property
By copy of this memo, I am forwarding copies of the deed to the
City Manager and City Attorney for their information and files.
(?,{ 7- )!'-'- Iv \ (/~'-) u
CARMEN S ANNUNZIATO
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City Manager
City Attorney
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C 0 U N T Y
DEE D
SEP-OB-l~'Jf 09:41am 87-;=:661 (-?:?-
THIS DEED, made this 25th
day of August
, 19~L,
by PAL~l BEACH COUNTY, a political subdivision of the State of Florida,
party of the first part, and
City of Boynton Beach, a Municipal
Corporation of the State of Florida
party of the second part
\VITNESSETH
That the said party of the first part, for and in
consideration of the sum of Ten ($10 00) Dollars, to it in hand paid
by the party of the second part, receipt whereof is hereby acknowledged,
has granted, bargained and sold to the party of the second part, his
heirs and assigns forever, the following described land lying and being
in Palm Beach County, Florida
See Exhibit "A" attached hereto and made a part hereof
Subject to the following conditions
1 Said land shall be used solely for park and public
purposes, all for the general public, without
regard for residency
2 Said land shall not be sold, conveyed, hypothecated,
encumbered or transferred without the approval of
the Board of County Commissioners by resolution
3 Failure of said party of the second part to comply
with the aforestated conditions shall cause said
described property to automatically revert to Palm
Beach County
IN WITNESS WHEREOF the said party of the first part has caused these
presents to be executed in its name by its Board of County Commissioners
acting by the Chairman or Vice-Chairman of said Board the day and year
aforesaid
.- Al'~TEST;
JOHN B DUNKLE, Clerk
.BY~f .
Clerk (or Deputy
Circuit
PALM BE~COUNTY' FLORIDA
::s B~ISSIO~M
It's CHairman (or Vice-Chairman)
"
APPROVED AS TO FORM -AND
LEGAL JUFFICIEN~ -' /
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By _ ._,./ 'I' ~ - /
County Attorney
This instrument prepared by
Richard Graddock, Chief Deputy,
Assistant County Attorney
Post Office Box 1989
West Palm Beach, Fl 33402
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\ 8~-266198
Con 1.00 Doc
JOHN B DUNKLE,CLERK - PP
Return to
Land ACQU\S\t\on "11,,,
A~rport Hi\ton Ce~~~3
B\dg. #2 - Room
COUNTY, Fi
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1987
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042887-2
1613P
EXHIBIT nAn
TO COUNTY DEED BY PALM BEACH COUNTY
TO CITY OF BOYNTON BEACH
A parcel of land lying in Section 17, Township 45 South, Range 43
East, County of Palm Beach, Sta te of Flor ida, and mor e
particularly described as follows
Commencing at the North one-quarter (N 1/4) corner of said Section
17; thence, South 890 16' 21" West along the North line of the
Northwest one-quarter (NW 1/4) of said Section 17 a distance of
621.66 feet to the East right-of-way line of the Lake Worth
Drainage District Equalizing Canal E-4 as said right-of-way is
described in deed recorded in Official Record Book 1732, Page 612
of the Public Records of said County: thence, South 090 05' 43"
West along said East right-of-way line a distance of 160.35 feet
to the proposed South R/W line of Miner Road and the point of
beg inning: thence, continue South 09005' 43" West along the East
right-of-way line of said E-4 Canal a distance of 842.77 feet:
thence, South 80054'17" East a distance of 216 01 feet: thence,
North 67000'13" East a distance of 318.88 feet: thence, South
13021' 37" East along the North prolongation of a radial line a
distance of 402.52 feet to a point on the arc of a curve, concave
to the South having a radius of 550.00 feet and a central angle of
64021'37": thence, Easterly and Southerly along the arc of said
curve a distance of 617.81 feet to a point of cusp; thence, North
39000' 00" West a distance of 215.00 feet to the beginning of a
curve concave to the East having a radius of 650.00 feet and a
central angle of 65030'00"; thence, Northerly along the arc of
said curve a distance of 743.07 feet to a point of reverse curve,
which is a curve concave westerly having a radius of 1320.00 feet
and a central angle of 25027'25": thence, Northwesterly along the
arc of said curve a distance of 586.48 feet to a point on the
proposed South R/W line of Miner Road, said right-of-way line
being a curve concave to the South having a radius of 2246.00
feet, and a central angle of 03014'12", a radial line passing
through said point bears North 05020' 09" West: thence, westerly
along the arc of said curve a distance of 126.88 feet to a tangent
line: thence, South 81025' 38" West a distance of 446.45 feet to
the beginning of a curve concave to the North having a radius of
2354.00 feet and a central angle of 07050' 43"; thence, Westerly
along the arc of said curve a distance of 322.32 feet to a tangent
line: thence, South 89016'21" West along said tangent line a
distance of 59.35 feet to the point of beginning.
LESS AND EXCEPT therefrom the following two (2) parcels being more
particularly described as follows:
1. A parcel of wetlands lying in Section 17, Township 45 South,
Range 43 East, County of Palm Beach, State of Florida, and more
particularly described as follows:
Commencing at the North one-quarter (N 1/4) corner of said Section
17: thence South 890 16' 21" West along the North line of the
Northwest one-quarter (NW 1/4) of said Section 17 a distance of
621.66 feet to the East right-of-way line of The Lake Worth
Drainage District Equalizing Canal E-4 as said right-of-way is
described in Deed recorded in Official Record Book 1732, Page 612
of the Public Records of said County: thence, South 090 05' 43"
West along said East right-of-way line a distance of 160 35 feet
to the proposed South R/W line of Miner Road thence, North
89016'21" East along said South right-of-way line a distance of
59.35 feet to the beginning of a curve concave to the North having
a radius of 2354.00 feet and a central angle of 05046'27": thence,
Easterly along the arc of said curve a distance of 237 23 feet to
the point of beg inning: thence, traversing along the limi ts of a
parcel representing 3.800 acres of wetlands through the following
19 numbered courses and distances:
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1) South 000 43' 39 East a distance of 303 48 feet,
2) South 810 07' 33 East a distance of 62 13 feet;
3) South 700 01' 59 East a distance of 84 82 feet;
4) North 620 26' 00 East a distance of 53.48 feet;
5) North 720 12" 44 East a distance of 38.78 feet;
6) North 520 49' 36 East a distance of 20.10 feet;
7) North 440 39' 48 West a distance of 33.89 feet;
8) North 350 31' 41 East a distance of 22.44 feet:
9) South 500 44' 13 East a distance of 12.29 feet;
10) North 870 58" 28 East a distance of 308.11 feet;
11) North 020 05' 16 West a distance oi 67 86 feet;
12) North 050 07' 19 West a distance of 40.44 feet;
13) North 110 00' 23 West a distance of 56 23 feet;
14) North 150 02' 07 West a distance of 30.08 feet;
15) North 240 04' 50 West a distance of 28 20 feet:
16) North 470 17' 34 West a distance of 5 22 feet;
17) North 460 03' 51" West a distance of 126.85 feet to the
South right-of-way line of said Miner Road:
18) South 810 25' 38" West along said South right-of-way line
a distance of 340.09 feet to the beginning of a curve
concave to the North having a radius of 2354.00 feet and
a central angle of 020 04' 16";
19) Westerly along the arc of said curve a distance of 85 10
feet to the point of beginning
2. A parcel of land lying in the Northeast one-quarter (NE
1/4) of Section 17, Township 45 South, Range 43 East, County of
Palm Beach, State of Florida, and more particularly described as
follows:
Commencing at the North one-quarter (N 1/4) corner of said Section
17: thence, South 000 32' 45" West along the North-South Quarter
Section Line of said Section 17 a distance of 99.32 feet to the
South right-of-way line of Miner Road, as proposed: thence, North
810 25' 38" East along said proposed South right-of-way line a
distance of 71.44 feet to the Point of Beginning: thence,
traversing along a portion of the easterly limi ts of a wetlands
parcel through the following nine numbered cour ses and distances,
as said Parcel is shown in the proposed Plat of Quantum Park of
Boynton Beach, Plat No.3, now in the files of F.R S. &
Associates, Engineers and Surveyors, West Palm Beach, Florida,
Drawing Number D-19-86-S:
1) South 460 03' 51" East a distance of 126.85 feet;
2) South 470 17' 34" East a distance of 5.22 feet;
3) South 240 04' 50" East a distance of 28.20 feet;
4) South 150 02' 07" East a distance of 30.08 feet;
5) South 110 00' 23" East a distance of 56.23 feet:
6) South 050 07' 19" East a distance of 40.44 feet:
7) South 020 05' 16" East a distance of 67.86 feet:
8) South 570 33' 43" West a distance of 80.51 feet:
9) South 700 29' 43" East along a radial line a distance of
97.82 feet to a point on an arc of a curve concave to the
West having a radius of 1,320.00 feet and a central angle
of 180 27' 42":
Thence, northerly along the arc of said curve and departing from
said easterly limits a distance of 425.32 feet to a point on the
proposed South right-of-way line of said Miner Road, said point
being on an arc of a curve concave to the South (a radial line
passing through said point bears South 880 57' 25" East) having a
radius of 2,246.00 feet and a central angle of 030 14' 12":
thence, westerly along the arc of said curve a distance of 126.88
feet to a tangent line; thence, South 810 25' 38" West along said
tangent line a distance of 106.36 feet to the Point of Beginning.
Page -2-
RECORD VERIFIED
PALM BEACH COUNTY, FLA.
JOHN B DUNKLE
CLERK CIRCUIT COURT
1613P
Board' of County Commissioners
Carol A Roberts, Chair
Kenneth M Adams, Vice Chairman
Karen T Marcus
Carol J Elmquist
Dorothy Wilken
County Administrator
Jan Winters
Department of Engineering
and Public Works
H F 1\.ahlert
Countv Engineer
December 3, 1987
Reply to Virginia Ugi - Right of Way Agent I - 684-4124
Mr Carmen Anunziato
City of Boynton Beach
POBox 310
Boynton Beach, FL 33435
Re Quantum Park - Land Exchange
Dear Carmen
Enclosed for your file is the recorded County Deed for the above
referenced land exchange
Sincerely yours,
OFF~F THE COUNTY E~~ER
~~a~
Patricia A Franklin, Manager
Land Acquisition Section
PAF KMS VU bh
Enc1o1sure County Deed 0 R 5410 Page 1461
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"An Equal Opportunity - Affirmative Action Employer
BOX 2429 WEST PALM BEACH, FLORIDA 33402-1989 (305) 684-4000
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ME~.lO REPLY
March 6, 1987
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TO
Mr Carmen Annunziato
Planning Director
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f9W'm ;} 1987
FROr.1
Tom Clark
City Engineer
PLA['~~I' ~ ULI-T
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RE Your Hemo of February 23, 1987 regarding Quantum Park
Land Swap Agreement
COMMENTS
1 The area in the third paragraph of Sheet #1 should be
15 7913 acres
2 Exhibits "A" and Exhibits nBn should be included with
the agreement or the references thereto should be
further explained A reference to the Job No is not
sufficient in my opinion
y.,. --~- ~
Tom Clark
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MEMORANDUM
23 February 1987
TO
Tom Clark, City Engineer
FROM
Carmen S Annunziato, Planning Director
RE
Quantum Park Land Swap
Attached please find a copy of the proposed Land Swap Agreement
between Quantum Associates and the City Please confirm that
the legal descriptions therein (FOP's property and Quantum's
plats) are accurate
L.a.--- /'-
CARMEN S
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A UNZIATO
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Attachment
cc City Manager
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LAW OFf ICES 1) 'J'::rEIVE
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN';~.M - D
KAREN LEVIN ALEXANDER
THOMAS M BEASON
F>ETER L, BRETON
ROBERT BRODY
E, COLE F"lTZGERALD. m
,JOHN F' F'LANIGAN
ANDREW F'ULTON, m
,JAMES F>ATRICK GARRITY
MYRA G"NDEL
TIMOTHY F> HOBAN
MARTIN V KATZ
WILLIAM B. KING
RONALD K, KOUNS
LISA MILLER LAYMAN
STEVEN A, MAYANS
,JON C, MOYLE
DAVID S, F>RESSLY
MARK E, RAYMOND
THOMAS A, SHEEHAN. m
DONNA H, STINSON
MARTA M SUAREZ MURIAS
VIRGINIA L, VANCE
NANCY KAREN VORPE
9TH F'LOOR. BARNETT CENTRE
625 NORTH F'LAGLER DRIVE
POST OF'F'ICE BOX 3888
WEST PALM BEACH, FLORIDA 33402
FEB 1 7 1987
P~NNIi'~G DEPT.
TELEPHONE (305) 659 7500
TELECOPIER (305) 659 1789
IAL.L.AMA;::J~I:.L... _. . 188 .
SUITE 100. THE PERKINS HOUSE
liB NORTH GADSDEN STREET
TALLAHASSEE. F'LORIDA 3Z301
TELEPHONE (904) 681 3828
February 13, 1987
Mr Peter Cheney, City Manager
City of Boynton Beach
120 E Boynton Beach Blvd.
Boynton Beach, FL 33435
Re Quantum Park - Land Swap
Dear Peter
Enclosed please find a copy of the proposed Land Swap
Agreement between Quantum Associates and the city of Boynton Beach.
After you have had a chance to review the Agreement I
recommend that a meeting be set up among Quantum Associates, the
City, and the FOP for purposes of finalizing this Agreement
Quantum Associates is ready to meet whenever you are
If you have any questions, please call
Sincerely,
~:es1~
DSP/dc
cc Carmen Annunziato (w/encl.)
Raymond Rea, Esq (w/encl)
Steven W. Deutsch, Esg (w/encl
1463P
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021187-9
1116P
LAND SWAP AGREEMENT
.
THIS
AGREEMENT is entered into this day of
, 1987, by and between Quantum Associates, a Florida
partnership (hereinafter "Quantum") and the City of
Beach, a Municipal Corporation (hereinafter the "City")
general
Boynton
WHEREAS, the City owns that certain 13 04 acre (+) parcel of
land (hereinafter "PCD Property") in the City 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.
86-5-002), annexed hereto as Exhibit "A"); and,
WHEREAS, Quantum owns that certain 15.1362 acre (+) parcel of
land (hereinafter "Park Property-l") and that certain 1 00 acre
(+) parcel of land (hereinafter "Park Property-2") both in the
CIty of Boynton Beach, Palm Beach County, Flor ida, collectively
refer red to as "Park Proper ty," more par ticular ly descr ibed as
follows
Lot 92 in that certain survey prepared by
Rafael Saladr igas, F R. S. & Associates,
dated " 1987 (Job No 86-S-27)
annexed hereto as Exhibit JIB", excepting and
excluding therefrom the 3 8 acre (~) wetland
shown on said survey: and,
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, this Agreement is in accordance with Condition 43 of
Ordinance 84-51 (as amended) adopted by the City 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. Quantum's Obligations. Quantum shall be obligated in the
following manner
A. Quantum shall
Dollars, which money will
Fraternal Order of Police
money order at such time
delivered to the proper
represents all of Quantum's
Fraternal Order of Police.
pay the City $175,000.00 in u.s.
then be paid by the City to the
Such payment shall be made by check or
as the deeds referred to herein are
Parties hereunder. This payment
obligations to and regarding the
B. As of the Date of Closing (defined below) the Park
Property shall be filled to an elevation of 12.0 feet above mean
sea level, with the trees and veg~ation being eliminated
therefrom in accordance with the grading plan for the Park
Property currently on file with the City's Planning Department.
C. As of the Date of Closing, the Park Property shall
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fields and up to two (2) concession buildings, in accordance wi th
the subsurface exploration and geotechnical engineering evaluation
(dated September 18, 1986) prepared by Soil and Material
Engineers, Inc. currently on file with the City's Planning
Department.
D. On or before
shall provide the storm drainage outfall
Property, wi th the City being responsible
water quality retention
E. 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 City's platting process with
respect to Quantum Park at Boynton Beach, PID
198 Quantum
required for the Park
for all filtration and
F. Public access to the Park Proper y shall be provided
in accordance wi th the easements dedicated tc the Public in the
preliminary plats approved by the City as a part of the City's
platting process with respect to Quantum Park at Boynton Beach,
PID.
G Quantum's obligations herein shall survive Closing
(for purposes of this Agreement "Closing" shall mean the exchange
of deeds described in Paragraph V below) .
II City's Obligations.
following manner
The Ci ty shall be obligated in the
A.
As of the Date Of~l s~~g the
~'\l
a. zoned PCD 'l.- (Planned
under the City's zoning Code;
PCD Property shall be
Commercial
District
Development) ,
b. classified
City's 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 City's platting process.
B
as all other
terms of the
Quantum Park
The Ci ty, in its use of the Par k Proper ty, as well
persons using the Park Property, shall abide by the
Development Order (as amended) issued by the City for
at Boynton Beach.
bt\ C. i The Park Property shall be used in perpetuity for
public parkJpurposes, except that Park Property-2 may also be used
by the Fraternal Order of Police as a clubhouse for its members
D."! The PCD Property shall be delivered to Quantum in
such condition that said peD Property can be developed as a
planned commercial development without extensive removal of
deleterious materials
E. No improvements shall be constructed, installed, or
substantially altered on or upon the Park Property without
Quantum's pr ior wr i tten approval Quantum shall act reasonably
and in good faith with respect to such approval, and shall base
its decision to approve or disapprove on the scheme of development
in the Planned Industr ial Development known as Quantum Park at
Boynton Beach.
F In developing the Park Property, the City shall
cooperate wi th Quantum for purposes of maximizing the Public's
beneficial use of the Boardwalks to be constructed by Quantum
within the Sand pine Scrub Preserve area adjacent to the Park
Property
1116P
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G. The City's obligations herein shall
(the term "Closing" being defined in Paragraph IG
survive
above) .
Closing
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. Both parties hereto shall use their best good faith
efforts to achieve the release of said reverter clause by Palm
Beach County It is understood by the City that a reverter clause
of similar nature will be contained in the Deed conveying the Park
Property 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 currently negotiating wi th Palm
Beach County and adjacent property owners for the purpose of
realligning this Miner Road right-of-way. 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
adjacent property owners
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~... ~ The property that Quantum is seeking to obtain fee simple
\ ~ title to pursuant to the land exchange referred to in this
\\0;\ Paragraph IV shall be referred to as the "additional property."
\ If Quantum obtains fee simple ti tle to the additional property
!pr ior to the Date of Closing hereunder, then that part of the
f 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
)1",. of Park Property-l on the date that this Agreement was entered
~) into. Quantum makes no representations as to its ability to
_k J... obtain the fee simple title to the additional property, and this
y~ ~ Agreement is not contingent on its acquisition of such fee simple
rr .Y 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
r1'(. J part of the additional property that abuts the north boundary of
~ the Park Property
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V Impact Fees. The City represents that no traffic impact
fees will be imposed in connection with the development of the PCD
Property. This representation shall survive Closing.
VI. 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 those matters of Public
Record as of the date of this Agreement, as well as matters
appear ing on the preliminary plat (approved by the City)
containing such property
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)
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1116P
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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, and (ii) a reverter clause identical
to (or similar in nature to) the reverter clause contained in that
certain County Deed recorded in Official Records Book 644,
page 47, Public Records of Palm Beach County
D. The Ci ty will convey the PCD proper ty 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)
VII. 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 Mechanic's 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. Further, the City shall
pay all of the 1987 real estate taxes applicable to the Park
Property, and Quantum shall pay all of the 1987 real estate taxes
applicable to the PCD Property.
VIII. Attorney's 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 attorney's fees and costs.
IX. Recording. Neither this Agreement nor any notice thereof
shall be recorded in any public records.
X. Default Upon default by
non-defaulting Party shall be entitled
available in law or equity, including,
specific performance
either Party, the
to pursue any remedy
but not limited to,
XI. Effective Date. This Agreement shall be effective as of
the date when the last one of Quantum and the City has signed this
Agreement If not signed by both Parties on or before
1987, this Agreement shall be null and void
IN WITNESS
Agreement to be
forth below
WHEREOF, the Parties hereto have caused this
executed by the proper persons in the manner set
WITNESSES
QUANTUM ASSOCIATES, a Florida
general partnership
(1)
By:
Edward B. Deutsch, as
General Partner
(2)
CITY OF BOYNTON BEACH
WITNESSES
(1)
By
(2 )
EXHIBITS
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na" - Survey of Park Property
1116P
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MEMORANDUM
February 2, 1987
TO
Peter Cheney, City Manager
Carmen Annunziato
RE
Quantum Park - Boynton Beach - Palm Beach County
Regarding the above entitled, herewith I enclose a
copy of correspondence I received on this date from Richard
A Graddock and directed to David Pressley, for your
information
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RAR/r
.
i
\ Board'of County Commissioners
i
Count' -\ttornc,
(j,U\ \1 l)r.llilkllhllr}
Carol A Roberts, Chair
Jerr) L O\\ens, Vice Chairman
"aren T ~1arcus
Doroth, Wilken
Kenneth MAdams
RECEIVED
January 28, 1987
FES 3 1981
CITY ATTORNEY
,.
David Pressley, Esq
9th Floor - Barnett Centre
625 North Flagler Drive
West Palm Beach, Florida 33401
-,
RE Quantum Park - Boynton Beach - Palm Beach County
Dear David
This will confirm the substance of our meeting at my office on January
26, 1987 wherein it was agreed that the transaction proposed by Quantum
could be accomplished as follow
I Quantum is to deed a 16 acre plus parcel to Palm Beach County with
the understanding that it will be conveyed by the County subject to
identical restrictions to those in place between the County and Boynton
Beach to the City of Boynton Beach
2 Boynton Beach will convey the parcel heretofore conveyed by Palm
Beach County to-wit to Quantum
3 Palm Beach County will execute a release of the restrictions
contained in the current deed to Boynton Beach
4 Two separate right-of-way exchanges will take place as a separate
item on the agenda containing the two above-referenced items
5 Quantum will contemplate a separate conveyance to the Fraternal
Order of Police for a site to be used by them consistent with the use being
conducted on the parcel to be conveyed to Quantum Recognition of this use
should in no way be construed as a waiver of any rights of the County to
claim its reversionary interests in the parcel previously conveyed to
Boynton Beach inasmuch as it appears that the use currently permitted by the
City of Boynton Beach is inconsistent with the original conveyance
-\n equal Opportunit\ -\ffirmative -\ction l:mplO\ er
BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989
(305) 820-2225 Sun Com 263-2225
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David Pressley
January 28, 1987
Page 2
If you will kindly provide me with the backup for a Board agenda item,
I will be please to discuss with you the timing of and manner of
presentation of this matter to the Board of County Commissioners
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Chief Deputy County Attorney
RAG/ap
cc
Raymond Rea, Esq
Boynton Beach City Attorney
Pat Franklin, Manager
Land Acquisition Division
Charles Walker, Jr , Director
Traffic Engineering
MEHORANDUM
7 December 1984
TO
Peter L Cheney, City Manager
FROM:
Carmen S Annunziato, Planning Director
RE RITECO DEVELOP~ENT CORPORATION
PROPOSED LAND EXCHANGE
The purpose of this memo is to respond to tre nroposal submitted
by the Riteco Development Corporation in their letter of
November 20, 1984, a copy of which is attached, to exchanae land
in the proryosed Boynton Beach Park of Commerce
The effect of the land exchanqe proposed is to transfer ownership
of 13 1 acres of public land located at the potential intersection
of 1-95 and N W 22nd Avenue for a 19 2 acre tract of land located
on r1iner Road, of which only 13 2 acres is usable for active
recreation or public use This exchange is not acceptable for the
for the following reasons
1. The proposed exchange does not adequately
renresent an exchanqe in value, owinq to
locational differentials, and,
2 Riteco is already obliqated to provide 40
acres of scrub habitat and should not be
given credit for the value of the 6 acres
proposed to be added to the 13t acres
of land for active public use
If these matters, including Palm Beach County Commission concurrence
can be rectified, the location chosen by Riteco is suitable for
recreational purposes, provided however that the land exchancred has
no detrimental environmental characteristics which would prevent
public use
r:~lU-1EN S-' ~NUNZ~
/bks
cc Charles Fredericks
,.....~
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Suite 201
1300 West Lantana Road
Lantan~, Florida 33462
Phone, (305) 533-0902
RITECO
DEVELOPMENT
CORPORATION
November 20, 1984
City of Boynton Beach
P O. Box 310
Boynton Beach, FL 33435
Attn Mr. Peter Cheney
Re Boynton Beach Park of Commerce
Dear Peter
In connection with condition No 43 of the Proposed Development
Order, Riteco Development Corporation ('Riteco) makes the fol-
lowing proposal to the City of Boynton Beach (City).
1. Riteco will deed (by Special Warranty Deed) to the City the
property shown as "Area A & B" on the attached map at such
time as the City complies with paragraph 2 below Area
"A & B" is located across from 3.8 acres of wetland preserve.
2 The City will deed (by Special Warranty Deed) to Riteco the
property shown as "Area C" on the attached map at such time
as the City has rezoned such Area C property to Planned Indus-
trial District.
3. The six acres of Area B will consist of scrub habitat preserve
area and Riteco will be entitled to a credit of 6 acres toward
satisfying Condition No 6 in the Proposed Development Order.
4. The City shall pay all costs connected with the transfer of
Area C, including all recording fees and documentary stamp
taxes, and shall provide Riteco with a survey of such proper-
ty and a Title Insurance Commitment within 30 days after the
date of this Agreement
5 Riteco shall pay all costs connected with the transfer of
Area A & B, including all recording fees and documentary stamp
taxes, and shall provide the City with a survey of such proper-
ty and a Title Insurance Commitment within 30 days after the
date of this agreement.
J.
Page Two
Peter Cheney
November 20, 1984
6 Real Estate Taxes shall be prorated as of the date of
delivery of the subject deeds.
It is our understanding that this proposal will be executed
by both parties upon the City's issuance of the Development
Order, and will satisfy Riteco's obligations under said
Condition No.43.
Please review this proposal and let me know your comments.
Sincerely,
Wade Riley
Vice President
WR/gd
cc: Carmen Annunziato
Jim Vance
David Pressly
.p
QUANTUI\1
PARK
November 25, 1986
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Mr John F Hollihan, Lieutenant
Boynton Beach Police Department
Detective Division
135 N E 1st Avenue
Boynton Beach, Florida 33435
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'>,: F0PA r] l1}-\h(")l)~e Land Exchange wi. th the City of Boynton
Beach, Quantum Park at Boynton Beach
Dear ,John
In accordance with YOln request at our meeting with the City
Manager and City Planner, I have further defined herein the
building shell that we propose to bui ld for the FOPA on the
Ci ty park si te in Quantum Park We will perform the work
outlined herein as part of our land exchange agreement with the
City of Boynton Beach This building description should be
taken as a revision to that originally outlined in my
memorandum dated September 10, 1986
On a segregated parcel of land, approximately 1 acre in size,
Quantum Associates shall construct a shell building for the use
of the FOP A having a gross area of 2,400 square feet It will
be built of residential quality construction in the most
economical method feasible The building will contain two
single restrooms, approximately 5' square, a pullman-type
kitchen including a single 8' length of base and wall cabinets,
2nd 1 large room wi th a single entrance door The bui] ding
will have an adequate electlical service to meet code
requirements and will be fully air conditioned The site will
be provided with an asphalt parking area for 24 cars No
landscaping of the site will be provided, and all site plan
requirements will be taken care of by others Water and sewer
service will be provided by the most economical means (Either
a septic and well system or a connection to Quantum Park
utilities) A description of the building shell that will be
provided is as follows
1 Exterior walls and a wood truss roof will be constructed
All outside finishes including windows, doors, hardware,
painting, etc , will be installed complete
2 Interior partitions and interior surfaces of exterior walls
will be installed completely with conduit rough-in for
electr ieal work; no switches or out lets wi 11 be installed
2455 EAST SUNr1lSE E:lOuLEvARD . SUITE 1106 . FORT LAUOEH04.LE, FLORIDA 33304
BROWARD (305) 5645114 . PALM BEACH (305) 7343555
Mr John F Hollihan, Lieutenant, Continued
November 26, 1986
Page 2
Interior partitions will
restrooms and kitchen
hardware will be provided
be limited as
In those cases,
indicated to
inter ior doors
the
and
A The finish of all interior surfaces will be taped and
sanded drywall Surfaces will not be painted
B Millwork items typical kitchen cabinet and toilet
vanities will be furnished and installed
3 The interior ceilings and lights will not be pr0vided
4 Concrete slab floors will be provided throughout without
floor finishes
5 Plumbing - exterio1 connectIons uf all plumbing, either to
appropriate utilities or septi~ dnd well s~stcms, wIll be
installed and completed
A Interior plumbing of hot and cold water will be complete
to all installed fixtures
B A hot water tank will be installed and connnected
C Toilet and kitchen plumbing fixtures will be installed
and connected
D One hose bib connected to the cold water line will be
provided on the exterior of the building
6 HVAC all heating, ventilating and air conditioning
equipment will be installed and connected, including all
necessary outside equipment and refrigerant line connections
Also, the return air inlet and duct will be insta 11 ed No
S~P~~j ~u~twor~ 01 dillusers will be provIded
A A restroom combination, light and exhaust fan will be
installed and connected, including switches in each of the
restrooms
B No kitchen exhaust will be provided
7 Electrical work - other than equipment connections listed
above, only conduit and boxes will be provided
A
power,
None of the distribution wiring \-lill
light or telephone
be provided for
(@--.QU\N-ILJ:\l
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Mr John F Hollihan, Lieutenant, Continued
November 26, 19&6
Page 3
B A 200 amp service will be provided in a circuit breaker
cabinet having an allowance for 20 circuits
8 Sitework
A 24 asphalt surface parking spaces will be provided
B. The area around the building will be finish, graded and
seeded Landscaping will not be included and must be completed
by others
C A ~na' lengt~ _f l~ Aide asplalt drive w_~l be provided
to connect the parking area to the remainder of the City park
I believe this outlines, in sufficient detail, the structure
with expanded area that we are willing to construct within the
FOP A area of the City park If you have any further questions
concerning the structure, please let mc know
.,
v~r~~ruly yours,
/'
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AN
f Development
GWZ aem
CC Mr Carmen Annunziato, City Planner~
Mr Pcter Cheney, City Manager
Mr Edward B Deutsch
Mr Sceven W Deutsch
Jon C Moyle, Esq
David S Pressly, Esq
Mr Enrico Rossi
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Memo
TO:
FROM:
RE:
DATE:
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JON C. MOYLE, ESQ.
DAVID S. PRESSLY, ESQ.
GEORGE W. ZIMMERMAN
LAND SWAP WITH THE CITY OF BOYNTON BEACH
SEPTEMBER 10, 1986
In accordance with my last discussion with Carmen Annunziato and
Peter Cheney, we need to finalize an agreement for the land
swap.
It is my feeling that the final offe~ that should be laid on the
table is as follows:
1. Quantum Associates agrees to provide the City of Boynton
rffiCh with a total land area of 17 acres as illustrated on the
^~ urvey previously submitted to Carmen Annunziato (copy attached
l''Y hereto) .
2. Of that ri7J acres, the City will set aside approxLTE\ately 1
acre for use ~the Fraternal Order of Police and the Fraternal
Order of Police Association.
3. On that parcel, Quantum Associates will construct, for the
FOPA, a 1,200 square foob building. It will be built of
residential quality construction in the most economical method
feasible. The building will contain 2 single restrooms,
approximately 5 foot square, a pullman type kitchen including a
single 8 foot length of base and wall cabinets, and 1 large room
with a single entrance door. The building will have adequate
electrical service and will be air conditioned. The site will
be provided with a shell rock/gravel parking area for 10 cars.
No landscaping of the site will be provided, and all site plan
requirements will be taken care of by others. Water and sewer
service will be provided by the most economical means. (Either
a septic and well system or connection to the Quantum Park
utilities.)
4. The City must agree 'to go hand in hand with Quantum
Associates to Palm Beach County and request that the proposed
Minor Road right-of-way be moved further north to eliminate the
strip of land that is now located north of the right-of-way.
Doing so would add that area to the area currently south of that
right-of-way and increase area available for City Park Use.
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5. Quantum Associates agrees to provide the finished parcel
to the City of Boynton Beach filled to an elevation of 12 0 feet
mean sea level. The City must agree to accept the property in
this condition, which will eliminate all trees and vegetation
from the site.
t!
6 Quantum will provide the City with a complete sub-surface
investigation for areas of muck. Quantum Associates will
provide, on the basis of a soils engineer's recommendation, site
conditions suitable for the construction of playing fields and
concession buildings consistent with park requirements. As
required for such purposes, areas of muck will be removed from
the site.
7. The City must comply with all aspects of the Development
Order with respect to the development of their City park.
8. The City shall consider
from the sand pine preserve and
City park, such that access
obtained from said park area.
our construction of boardwalks
wetland areas when designing the
from' these boardwalks can be
9. It is understood that all retention areas required for the
City park area will be provided by Quantum Associates off OI the
City park land area. However, all connections to such drainage
systems shall be the responsibility of the City in the
velopment of their park.
Utilities and access will be provided to the park as
ently shown within the development plans for Quantum
levard. No additional utility service within the park area
be provided.
1. In exchange for these prov~s~ons, the City shall transfer,
to Quantum Associates, the City park area with the understanding
that they will aid Quantum Associates in obtaining reliez from
Palm Beach County with respect to any required impact fees for
the eventual development of such area.
GWZ:aem
CC: Mr. Edward B. Deutsch
Mr. Thomas P Misuraca
Steven W. Deutsch, Esq.
Please review and provide me with your comments.