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REVIEW COMMENTS t / j I / MEMORANDUM f 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 ) t' J- ( r- / J 2'L J- / -, /bks cc City Manager City Attorney ...... .D :t" f~ 0- o -i ::t'" ,U't ,"co 0V\ ~ w Z o (jj (/)r-.., ~ ",- '" 0,,",- <.;II >- 'I') I- Z ,,( :::> \'11 ~8~ o L'- h.l 0 1-- 0 r '1:: L ~ w t ~ < ... . Q 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~ -' / \ /' ~ /~ By _ ._,./ 'I' ~ - / County Attorney This instrument prepared by Richard Graddock, Chief Deputy, Assistant County Attorney Post Office Box 1989 West Palm Beach, Fl 33402 --- \ 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 t;r; '''- --./ L_,,'" ;. f~ "hlt\\,;; 1987 "-'i..j-' ~ - --4 t\J ..D :r f~ 0.. o -C :or Ln 1EO 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: I'Tl ..D :t" r-l 0.. o -I :r a.n I r:c 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 ..,-1----- f ,.. /.;.. ,j n- ~..,8-' ,,,r""',>' ,,,-, t uc." ..~ ..~ t r-..--\i ~ '-.. ,:~:. "An Equal Opportunity - Affirmative Action Employer BOX 2429 WEST PALM BEACH, FLORIDA 33402-1989 (305) 684-4000 i ~ I ME~.lO REPLY March 6, 1987 I n r/r--:~""'-","'1r""""'D !:-l~R ___, .~ '"\ I ~_' .L_ L__.__~ ~"-~ _~' _~ TO Mr Carmen Annunziato Planning Director ~.~ A 0 ",.. f9W'm ;} 1987 FROr.1 Tom Clark City Engineer PLA['~~I' ~ ULI-T '" 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 ------ TAC/ck -.-...........r ~.~ 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 ~t~ A UNZIATO /bks Attachment cc City Manager ~~ .-- 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 ~~,.~;~~._~-JllU!It ~ '~--"'j'4I.-..~-;""-..,..a G'~- 2../2... '3 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 O-.e-.-.. 11 ...-lo ,() p (J ) r I ( lil ...l r~ : I ~ "";'11.i.-- d r '; r ) ~~_~__.....J..~~Ll.Y-....Lll..:J, ~'r.~-;'_*" :." \. 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 -2- 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 t\I' ~... ~ 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 ..~ ...5 jr^~ rP 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) , J J 1 . J ':J ,J. \.~ ~ L..../:.... 1116P -)- '" 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 ..... OJ_ na" - Survey of Park Property 1116P -4- ~ _";_~j...._~:'-"o..:..... l-""" .-..... cc.... - ~~ 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 ~ 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 \' ~ \ 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 :-;;~~ .(~ 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 ,.....~ '"J - . 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 n ..,..~ .,........---,~- ~~~ ~,~ ' Mr John F Hollihan, Lieutenant Boynton Beach Police Department Detective Division 135 N E 1st Avenue Boynton Beach, Florida 33435 f1-0 ;f":::c:: fL~'. , , -:- 'C".. -- '>,: 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 __","-_ P \ R" ~~ 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, /' '" /' 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 ~ QlJ.\NIH\1 ~ P\R'" ~ ,if' ~) ~, .Ir J- Memo TO: FROM: RE: DATE: !!1' T j I 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. """'" -'. ~'V 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.