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CORRESPONDENCE PROJECT NAME: Premi~~ Gateway Center Bldg #3 LOCATION. 3402 Quantum Blvd/ PCN. 08-43-45-17-09-000-0320 I FILE NO MMSP 04-099 II TYPE OF APPLICATION I AGENT/CONTACT PERSON OWNER. Nancy Hurlbert ADDRESS Premier Commercial Realty, Inc. FAX. ADDRESS. 2100 Park Central North Suite PHONE: 900 Pompano Beach, FL 33064 FAX. 954-969-5582 PHONE 877-945-9791 Date of submittaVProiected meetiD!~ dates. SUBMITTAL / RESUBMITTAL 9/8/04 1ST REVIEW COMMENTS DUE PUBLIC NOTICE TRC MEETING LAND DEVELOPMENT SIGNS POSTED (SITE PLANS) PLANNING & DEVELOPMENT BOARD MEETING COMMUNITY REDEVELOPMENT AGENCY BOARD CITY COMMISSION MEETING COMMENTS S:\Planning\SHARED\ WP\PROJECTS\Quantum park lot 73a-76\MMSP 04-099\2004 PROJECT TRACKING INFO.doc \ The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E, Boynton Beach Boulevard P,Q. Box 310 Boynton Beach, Florida 33425-0310 TEL. 561-742-6260 FAX: 561-742-6259 www,boynton-beach,org September 30, 2004 Ms Nancy Hurlbert Premier Commercial Realty, Inc 2100 Park Central Blvd North, Suite 900 Pompano Beach, FL 33064 Re Quantum Premier Gateway Building 3 MMSP 04-099 Dear Ms Hurlbert In response to your request dated September 8, 2004 for the administrative review and approval of the modifications proposed to the above-referenced approved site plan, depicting the following . Addition of chain link fence and gates to the parking area at the NE portion of the site (as depicted on the attached plan) Please be informed that the proposed changes on the revised date stamped 9/8/04 are "minor" as defined within the Development Regulations, Chapter 4 Site Plan Review project may continue to be processed by the Building Division permit application, subject to the following conditions plan Land This as a 1 Execution and recording of a City approved document prior to any fencing within a City easement 2 If the scope of the project demands removal of any landscaping, then approval of the City Forester is required prior to the relocation/elimination of such plant material 3 No outdoor storage will be allowed in the parking area to be fenced in, other than that approved in the original site plan 4 Any proposed gating system must be approved by the City Utility Department in advance of installation, in order to provide acceptable access 24 hours a day . Page 2 September 30, 2004 Be advised that the proposed changes may require a modification to the building permit Please contact me at (561) 742-6260 if you have additional questions Sincerely, Ed Breese, Principal Planner Cc Karen Main, Plan Review Analyst Kevin Hallahan, City Forester Laurinda Logan, Senior Engineer Pete Mazzella, Utilities Deputy Director Prepared By, Record and Return To Ted Klein 8030 Peters Road Building D, Suite 104 Plantation, Florida 33324 UNDERTAKING WHEREAS, Premier Gateway Center at Quantum LLP, a Florida limited liability company, successor by merger to Gateway Business Park L C , a Florida limited liability company, is the record title owner of the land (the "Land") described as Lot 32,33 and a portIon of Lot 34A, QUANTUM PARK. AT BOYNTON BEACH, P.I.D PLAT NO 3, according to the Plat thereof as recorded in Plat Book 60, Page 29 through 3l of the Public Records of Palm Beach County, Flonda, bemg more particularly described as follows BEGIN at the most north comer of Lot 32, saId pOInt beIng on a curve, concave to the southwest havmg a radial bearmg of North 51 00'00" East, havmg a radius of 1038.50 feet and a central angle of 37' 13'19", thence southeasterly an arc dIstance of 67466 feet, thence South 86'00'00" West, 2405 feet; thence South 47'00'00" West, 135.32 feet; thence South 71 19'09" East, 22l,58 feet; thence North 83'21 '08" West, 76 12 feet to a point on a non- tangent curve, concave to the Southwest haVIng a radIUS of688 70 feet and a central angle of 45'38'52" , thence Northeasterly an arc distance of 548 69 feet; thence North 51 00'00" East, 420 00 feet to the POINT OF BEGINNING SaId lands lYIng m the City of Boynton Beach, Palm Beach County, Florida and containmg 265,284 square feet, 60901 acres, more or less and bemg commonly known as Gateway BUIldmg Three, AND WHEREAS, Gateway Business Park L C previously granted to the City of Boynton Beach, a political subdivision of the State of Florida ("city"), an easement for water and sewer utilities and other appropriate purposes recorded in Official Records Book 13323, Page 825, of the Public Records Of Palm Beach County, Florida, which easement encumbers portions of the Land (the "Easement Area") , AND WHEREAS, Premier Gateway Center at Quantum LLP ("Owner"), pursuant to proposed changes date stamped September 8, 2004, applied to the City for a minor site plan revision to permit fencing to be installed on the Land that would fall within or cross over the Easement Area; AND WHEREAS, the City, in its September 30, 2004 letter approving the minor site plan revision, has required the execution and recordation of this Undertaking as a condition of granting a permit for the fencing NOW THEREFORE, the undersigned, for itself, its successors and assigns, does hereby covenant and agree with the City (1) To forever fully protect, defend, and save the City, its officials, employees and agents harmless from and against all loss, cost, lawsuits, claims, settlements, penalties, judgments, damages, attorneys' fees and expenses of every kind and nature which the City, its officials, employees and agents may suffer, expend or incur under or by reason of, or in consequence of, the installation of the fence including but not limited to any loss or damage resulting from the City removing the fence to the extent necessary to service the City's utility facilities; and (2) To provide for the defense, at Owner's own expense, on behalf of and for the protection of the City in all litigation consisting of actions or proceedings based on any items referred to above which may be asserted or attempted to be asserted, established or enforced in, to, upon, against or in respect to the City's actions of removing the fence from time to time or in gaining access to the Easement Area, and (3) to pay all restoration costs if the City or its successor has to remove the fence or any other structures, driveways, pools, patios, walls, decks, trees or vegetation from the Easement Area in order to conduct necessary maintenance, repair, replacement, or installation of utilities on or under said Easement Area This instrument shall be recorded in the Public Records of Palm Beach County, Florida and shall be a covenant running with the Easement Area IN WITNESS WHEREOF, the undersigned, has caused these presents -2- to be signed on this ____ day of , 2004 PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership whose address is 2100 Park Central Boulevard North, Suite 900, Pompano Beach, Florida 33064 Witnesses By Jack Azout, Trustee, a Partner By Erwin Sredni, a Partner \\Secretary\WP\INDEM\personalundertaking gateway boynonbeach draft2 wpd -3- EO BREESE FAX NUMBe~: FACSIMILE TRANSMITTAL SHEET FROM: NANCY HURLBERT DATE: TO' QUANTUM - SLOG 3 - MINOR SITE PLAN REV SEPTEMBER 2B, 2004 TOTAL NO. O~ PAGeS INCLUDING COVER: 1 PHONE NUMBeR: 954-971-9500 FAX NUMBER: 954-974-2057 561-742-6259 COMPANY CITY OF BOYNTON BEACH - P&Z OEPT PHONE NUMBER: 561- 7 42-6260 RE: o URGENT ~ FOR REVIEW D PLEASE COMMENT ltI PLEASE REPLY 0 ORIGINAL TO FOllOW Morning, Ed Yesterday' FAXed you a DRAFT Hold Harmless Agreement for review prior to our execution. The last item of discussion is the access gate You and Lucinda had requested - on behalf of Utilities - an automatic gate. We propose a Realtors' Lock Box, where a key panel is next to the gate. Someone keys In a code on the key pad, which opens to provide a key to open the slide gate In light of the recent hurricane generated power outages, we suggest a less "high tech" approach to the gate access. If the gate is dependent on electrical power, and Utilities has an emergency main break to repair. you may have a problem. With a key access, Utilities will not be at the mercy of FPU EMS will continue to utilize the provided Knox Box with a master key to the gate Please let me know If these two issues satisfy the City's concerns on this Minor Site Plan Revision request. Thank you!! \ r no U (c10f S or l'l")e k v S ol(:)l/'1 '4 \/-.J0yyY -::>~ \ \ \ VYe' ~ Hol~ r .~ \Cl V rY\ 1<::- ss The Information contained in this facsimile message is intended only for the personal and confidential use of the designated reclplent(s) named above. If the reader of this message is not the intended recipient or an agent responsible for delivering It to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution, or copying of this message Is stridIy prohibited. If you have received 1his communicabon In error, please notify us immediately by telephone. Thank you. Breese, Ed From Sent: To Cc: Subject: Pawelczyk, Michael [mpawelczyk@cityatty com] Wednesday October 13, 2004343 PM 'SreeseE@ci.boynton-beach fl.us' 'LoganL@ci.boynton-beach fl.us'; 'FerraraL@ci.boynton-beach fl us' FW Premier Commercial Realty Minor Site Plan Modification ~.'~ E..I Engr LlL HDBK Exh M,doc Ed Thanks - big help I have reviewed the hold harmless agreement proposed by Premier Commercial Realty and attached to your October 11, 2004 memorandum to me, and I find the same to be acceptable as to legal form, subject to the following revisions 1 In the 3rd and 5th line of the last paragraph on page 1, replace "CIty" with "City, its officials, employees and agents" 2 In the last paragraph on page 1, revise the 4th line to state," against all loss, cost, lawsuits, claims, settlements, penalties, judgments, damages, attorneys' fees and expenses of " 3 Add a paragraph stating that, "The Owner(s) agree(s) and acknowledge(s) that should the City, or its successor, have to remove the fence or any other structures, driveways, pools, patios, walls, decks, trees, vegetation, dirt, or gravel from the Land, in order to conduct necessary maintenance, repair, replacement, or installation of utilities on or under said Land, the restoration costs associated therewith sahlI be the sole responsibility of the Owner " 4 Finally, add a paragraph stating, "This document shall be recorded in the public records of Palm Beach County, Florida, and shall encumber the Land, the Owner(s), and his, her, or their successors and assigns " Should you have any further questions, please do not hesitate to contact me Michael J Pawelczyk Assistant City Attorney > -----Original Message----- > From Ferrara, Lynn [SMTP FerraraL@ci boynton-beach fl us] > Sent Wednesday, October 13, 2004 12 05 PM > To 'Mpawelczyk@cityatty com' > Subject FW Premier Commercial Realty Minor Site Plan Modification > > See attached > > > -----Original Message----- > > From Logan, Laurinda > > Sent Wednesday, October 13, 2004 12 00 PM > > To Breese, Ed > > Cc Pawelczyk, Mike; Ramsey, Mary; Ferrara, Lynn; Kelley, David > > Subject RE Premier Commercial Realty Minor Site Plan Modification > > > > Exhibit "M" of the Engineering Design Manual the Utilities Design > Manual, 1 > > and the Landscaping Design Manual have our all-purpose, Legal approved > > "Hold Harmless" agreement, in use for Oh Lo these many moons (see > > attached ) > > > > <<Engr LIL HDBK Exh M doc>> > > I also have Ken looking for a recently executed one for your perusal > > > > Laurinda > > > > > > -----Original Message----- > > From Breese, Ed > > Sent Wednesday, October 13, 2004 11 46 AM > > To Logan, Laurinda > > Subject FW Premier Commercial Realty Minor Site Plan Modification > > > > Laurinda, > > Can you or Pete help me out with this one If you can think > > of where we recently used one that I can give to Mike P > > Thanks, Ed > > -----Original Message----- > > From Pawelczyk, Mike > > Sent Wednesday, October 13, 2004 10 44 AM > > To Breese, Ed > > Cc Ramsey, Mary; Ferrara, Lynn > > Subject Premier Commercial Realty Minor Site Plan Modification > > > > Ed > > > > I received your memo dated October 11, 2004, regarding the above I am > > not sold on the use of the "hold harmless" agreement as the Revocable > > License provides better protection to the City > > > > In our discussions earlier this week, you indicated that the City has > > utilized hold harmless agreements in the past when dealing with > easements > > Accordingly, please provide me with a copy of an approved hold harmless > > for my review and consideration I would like to see verification that > we > > have proceeded in this manner in the past > > > > Thanks > > > > Michael J Pawelczyk > > Assistant City Attorney > > > > Thanks <<Engr LIL HDBK Exh M doc>> 2 PLANNING AND ZONING MEMORANDUM TO' James Cherof, City Attorney FROM. Ed Breese, Pnnclpal Planner ~ DATE September 27,2004 SUBJECT Draft Hold Harmless Agreement From PremIer Attached for your reView IS a draft Hold Harmless Agreement prepared by Prermer CommercIal Realty, Inc. ThIs agreement was requested by staff as a result of a Minor SIte Plan ModificatIOn submittal to Premier's Gateway Center, Buildmg #3 The Plan ModificatIOn mvolves placmg fencmg and a gate over a City utilIty easement. Any comments and directIon from you or your staff would be beneficial m processmg thIs request. Thank you m advance for your asSIstance. QUANTUM - SLOG 8 - MINOR SITE PLAN REV FACSIMILE TRANSMITTAL SHEET PfI(OM: NANCY HURLBERT DArE: SEPTEMBER 27,2004 TOTAL NO. OF P!l.GES INCLUDING COVER: 3 PHONE NUM8ER' 954-911 ~9500 FAX NUMBS~: 954-974-2057 I TO: ED BREESE FAX NUMBE~: 561-742-6259 COMPANY CITY OF BOYNTON BEACH - P&Z DEPT PHONE NUMBER: 561-742-6260 RE: o URGENT IilI' FOR REVIEW o PLEASE COMMENT o PLEASE REPLY 0 ORIGINAL TO FOLLOW Morning, Ed Per our telephone conversation last week, please review the attached "hold harmless agreement" with Utilities and Counsel and let me know if this will suffice when filly executed Should you have any further comments/questions, please do not hesitate contacting me. Thank you!! The information contained in this facsimile message is intended only for the personal and confidential use of the designated recipient(s) named above. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, disbibution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. Thank you. mmSRTAlt:rNQ WHEREAS, Premier Gateway Center at Quantum LLP, a Florida limited liability company, successor by merger to Gateway Business Park L C , a Florida limited liability company, is the record title owner of the land (the uLand6) descri~ed as Lot 32.33 and a portion of Lot 34A. QUANTUM PARK AT BOYNTON BEACH. P.I.D PLAT NO 3, according to the Plat thereof as recorded in Plat Book 60, Page 29 through 31 of the Public Records of Palm Beach Cou nty, Florida., being more particularly described as follows: BEGIN at the most north corner of Lot 32, said point being on a curve. concave to the southwest having a radial bearing of North 51.00'00" East, having a radius of 1038.50 feet and a central angle Of37.13'19", thence southeasterly an arc distance of 674.66 feet, thence South 86.00'00" West, 2405 feet; thence South 47.00'00" West, 135.32 feet; thence South 71.19'09"East, 221.58 feet; thence North 83.21'08" West, 76.12 feet to a point on a non- tangent CUI"Ie, concave to the Southwest having a radius of 688.70 feet and a central angle of 45.38'52" , thence Northeasterly an arc distance of 548.69 feet; thence North 51.00'00" East. 420 00 feet to the POINT OF BEGINNING Said lands lying in the City of Boynton Beach, Palm Beach County, Florida and containing 265.284 square feet, 6.0901 acres, more or less and being commonly known as Gateway Building Three; AND WHERBAS, Gateway Business Park L C previously granted to the City of Boynton Beach, a political subdivision of the State of Florida (uCit~n), an easement for water and sewer utilities and other appropriate purposes recorded in Official Records Book 13323, Page 825, of the Public R.ecords ot Palm E.each County, Florida., which easement encumbers portions of the Land (the "Easement ~"); AND WHEREAS, Premier Gateway Center at Quantum LLP (~Qwner") has applied to the City for a minor site plan revision that would permit fencing to be installed on the Land that would fall within or cross over the Easement Area; AND WHER.EAS, the City has required the execution and delivery of this Undertaking as a conoition of granting approval of the minor site plan revision NOW THEREFORE, the undersigned, for itself, its successors and assigns, does hereby covenant and agree w.ith the City (1) To forever fully protect, defend, and save the City harmless from and against all loss, cost, damages, attorneys' fees and expenses of every kind and nature which the City may suffer, expend or incur unde~ or by rea$on of or in consequence of the installation of the fence including but not limited to any loss or damage resulting f~om the City removing the fence to the extent necessary to service the city's utility facilities; and (2) To pro~ide for the defense, at Owner's own expense, on behalf of and for the protection of the City in all litigation consisting of actions or proceedings based on any items referred to above which may be asserted or attempted to be asserted, established or enforced in, to, upon, against or in respeot to the City's actions of removing t~e fence from time to time or in gaining access to the Basement Area IN WlTNESS WHEREOF, the undersigned, has caused these presents to be signed on this ____ day of , 2004 PREMIER GATEWAY CENTER A'r QUANTUM LLP, a Florida limited liability partnership By Jack Azout, Trustee, a Partner By Erwin S;r.:;!dni I a Partner Addresses Premier Gateway Center at Quantum LLP 2100 Park Central Boulevard North, Suite 900 pompano Beach, Florida 33064 \\&.eretary\NP\I~;)~\p.rscnal~r~ak1ng gac.way boynoftbeacb wpd -2- PLANNING AND ZONING MEMORANDUM TO' James Cherof, CIty Attorney Ed Breese, Pnnclpal Planner ~ September 27,2004 FROM. DATE. SUBJECT Draft Hold Harmless Agreement From Premier Attached for your reView IS a draft Hold Harmless Agreement prepared by Premier Commercial Realty, Inc. Tills agreement was requested by staff as a result of a Minor Site Plan MollificatIon submIttal to Premier's Gateway Center, BUlllling #3 The Plan ModIficatIon mvo1ves p1acmg fencmg and a gate over a CIty utility easement. Any comments and duectlOn from you or your staff would be benefiCial m processmg this request. Thank you m advance for your asSIstance. ED BREESE FAX NUMseFl: FACSIMILE TRANSMITTAL SHEET FROM: NANCY HUR.LBERT DATE. TO' QUANTUM - SLOG 3 - MINOR SITE PLAN REV SEPTEMBER 28, 2004 TOTAL NO. OF PAGeS INCLUDING COVER: 1 PHONE NUMBeR: 954-971-9500 FAX NUMBER: 954-974-2057 561~742~6259 COMPANY CITY OF BOYNTON BEACH - P&Z DEPT PIiONE NUMBER: 561- 742-6260 ~E. o URGENT 0' FOR REVIEW o PLEASE COMMENT Ii"1 PLEASE REPLY 0 ORIGINAL TO FOLLOW Morning, Ed Yesterday I FAXed you a DRAFT Hold Harmless Agreement for review prior to our execution. The last item of discussion is the access gate. You and Lucinda had requested - on behalf of Utilities - an automatic gate We propose a Realtors' Lock Box, where a key panel is next to the gate. Someone keys in a code on the key pad, which opens to provide a key to open the slide gate In light of the recent hurricane generated power outages, we suggest a less "high tech" approach to the gate access. If the gate is dependent on electrical power, and Utilities has an emergency main break to repair, you may have a problem. With a key access, Utilities will not be at the mercy of FPU EMS will continue to utilize the provided Knox Box with a master key to the gate Please let me know if these two issues satisfy the City's concerns on this Minor Site Plan Revision request. Thank you!! The information contained in this facsimile message is intended only far the personal and confidential use of the designated recipient(s} named above. If the reader of this message is not the intended recipient or an agent responsible for delivenng it to the intended recipient. you are hereby notified that you have received this document in elTor, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone Thank you. EO BREESE FAX. NUMBli~: FACSIMILe TRANSMITTAL SHEET fl~OM: NANCY HURLBERT CATE: TO: QUANTUM - BLDG 8 - MINOR SITE PLAN REV SEPTEM,BER 27 I 2004 TOTAL NO, OF PAGES INCLUDING COVER: 3 PHONE NUMBER: 954-971 -9500 FAX NUMBEi~: 954-974-2057 , 561-742-6259 COMPANY' CITY OF BOYNTON BEACH - P&Z DEPT PHONE NUMBER: 561-742~6260 RE: o URGENT !;!( FOR REVIEW o PLEASE COMMENT ItJ PI.EASE REPI. Y 0 ORIGINAL TO FOLLOW Morning, Ed Per our telephone conversation last week, please review the attached "hold harmless agreement" with Utilities and Counsel and let me know if this will suffice when filly executed Should you have any further comments/questions, please do not hesitate contacting me. Thank you II The information contained in this facsimile message is intended only for the personal and confidential use of the designated recipient(s) named above. If the reader of this message Is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. Thank you. t1NDJ!:RTAICING WHEREAS, preinier Gatewa.y Center at Quantum LLP, a Florida limited liability oompany, suocessor by merger to Gateway Business ~ark L C , a Florida limited liability company, is the record title owner of the land (the ~~N) described as Lot 32, 33 and a portion of Lot 34A, QUANTUM PARK AT BOYNTON BEACH, P .I.D PLAT NO 3, according to the Plat thereof as recorded in Plat Book 60, Page 29 through 31 of the Public Records of Palm Beach Cou nty, Florida, being more particularly described as follows: BEGIN at the most north comer of Lot 32, said point being on a cwve, concave to the southwest having a radial bearing of North S 1.00'00" East, having a radius of 1038.50 feet and a central angle Qf 37.13119", thence southeasterly an arc distance of 674.66 feet, thence South 86.00'00" West, 24 OS feet.; thence South 47.00'00" West, 135.32 feet; thence South 71.19'09" East, 221.58 feet; thence North 83.21'08" West, 76.12 feet to a point on a non- tangent curve, concaVt;l to the Southwest having a radius of 688.70 feet and a central angle of 45.38'52" , thence Northeasterly an arc distance of 548.69 feet; thence North 51.00'00'1 East, 420 00 feet to the POINT OF BEGINNING Said lands lying in the City of Boynton Beach, Palm Beach County, Florida and containing 265,284 square feet, 6.0901 acres, more or less and being commonly known as Gateway Building Three i AND WHEREAS, Gateway Business Park L C previously granted to the City of Boynton Beach, a political subdivision of the State of Florida (~City-H), an easement for water and sewer utilities and other appropriate purposes reco~ded in Official Records Book 13323, Page 825, of the Public Records Of Palm Eeach County, Florida, which easement encumbers portions of the Land (the "Easement ~") ; AND WHEREAS, Premier Gateway Center at Quantum LLP (~~erH) has applied to the City for a mino~ site plan revision that would perm~t fencing to be installed on the Land that would fall within or cross over the Easement Area; AND WHEREAS, the City has required the execution and delivery of this Undertaking as a condition of granting approval of the mino~ site plan revision NOW THEREFORE, the undersigned, for itself, its successors and assigns, does hereby covenant and agree w.ith the City (l) To forever fully protect, defend, and save the City harmless from and against all loss, cost, damages, attorneys I fees and expenses of every kind and nature which the City may suffer, expend or incur under or by reason of or in oonsequence of the installation of the fence including but not limited to any loss or damage resulting from the City removing the fence to the extent neoessary to service the City's utility facilities; and (2) To pro~ide for the defense, at Owner's own expense, on behalf of and for the protection of the City in all litigation consisting of actions or proceedings based on any items referred to above which may be asserted or attempted to be asserted, established or enforced in, to, upon, against or in respect to the city's actions of removing t~e fence from time to time or in gaining access to the Easement Area IN WITNESS WHEREOF, the undersigned, has caused these presents to be signed on this ____ day of , 2004 PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership By Jack Azout, Trustee, a Partner :By - Erwin Sr'!!ldni, a Partner Addresses Premier Gateway Center at Quantum LLP 2100 Park Central Boulevard North, Suite 900 Pompano Beach, Florida 33064 \\8.eretary\N.\I~1JBM\p.rSODal~r~aK1ng gac*way boyn~each.wpd -2- ED BR.EESE FAX NUMBER; FACSIMILE TRANSMITTAL SHEET FROM: NANCY HURLBERT DATE, TO' QUANTUM - SLOG 3 - MINOR SITE PLAN REV SEPTEtvl8ER 16,2004 TOTAL NO OF PAGES INCLUCING COVER: 2 PI'tONE NUM8EI~ 954-971-9500 FAX NUMBER: 954-974-2057 561-742-6259 COMPANY CITY OF BOYNTON BEACH - P&Z DEPT PI-IONE NUMBI!iR: 561-742-6260 RE. o URGENT o FOR REVIEW o PLEASE COMMENT o PLEASE REPLY 0 ORIGINAL TO FOLLOW Afternoon, Ed Per our telephone conversation this morning, I believe these responses address your concerns on the Harmon Glass Modifications previously requested Specifically' 1 Circulation - City is concerned that we are cutting-off vehicular circulation In case of fire/emergencies, how will the responders be able to access this area if we have it gated-off, and presumably locked?? As indicated on the Minor Site Plan revisions~ plan and in our previously transmitted submittal/etter, the fence/gates wiU be provided with uknox" boxes. The fire department and emergency vehicles ha.ve master keys to these knox boxes and can quickly and easily access secu,-,ed areas. 2. The fencing-off of this area also affects existing Utility Easements If the City has a watermain break or if they need to access the utilities for maintenance, how do they get access - quickly, in the case of a main break?? City Utilities can also be provided with Master keys for the knox boxes and have the same easy and quick access that emergency agents have. 3 The City does not allow "fencing inside fencing" If we blc)ck-off the access drive and secure that fence, why is it necessary to fence in the other two (2) storage areas?? The storage areas within the secured, fenced areas will NOT be fenced. We will revise the site Plan and remove the fencing around the storage areas. The information contained in this facsimile message is intended only for the personal and confidential use of the designated recipient{s} named above. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and ttlat any reView, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. Thank you. 4 Public Works is concerned that they cannot access the dumpsters in the fenced-off area How will waste management get access to the dumpsters in this fenced and locked area?? The revisions proposed are an exDansion of facilities of an existing lease holder The lease holder will not need the dumpster in ,rhe enclosed area and will continue to utilize the dumpster adjacent and outside of the proposed fenced area. Therefore, there is no need for Public Works/City service to access this area for solid waste. We will revise our Site Plan to delete/demo the dumpster Ed, I hope I understood the City's concerns and that these responses will allow you to approve the requested changes, Should you have any further comments/questions, please do not hesitate contacting me Thank you!! The information contained in this facsimile message is intended only for the personal and confidential use of the designated recipient(s) named above, If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. Thank you. ~ ---- f ,. f ~C! ire: p.~ r~ .-.:~ I r-------,__ I f 1"\ ! . / ---_____, I i I ---___. :1 , i <'rp_ 8 2004 HAND DELIVERED TO City of Boynton Beach Planning & Zoning Division FROM Premier Gateway Center at Quantum, LLP Nancy Hurlbert, Director of Site Engineering f!di/- DATE September 8, 2004 SUBJECT Minor Site Plan Revision Building 3 - 3402 Quantum Boulevard Folio No. 08-43-45-17-09-000-0320 ENCLOSED Four (4) sets of Revised Site Plans, Check #1384 for $100 We respectfully request approval of the Minor Site Plan RevlSlons to the north end of BUIldmg 3, provldmg for the lImited reVlSlons Identified below' 1 The extreme northeast parkmg area, shall be fenced-off (with fencmg extendmg from the rear of the bUIldmg to the eXlstmg fence along the northern property lme -1.e the fence along the eXIstmg Natural Preserve Area), 2 The back storage areas shall be fenced-off (with fencmg extendmg from the rear of the bUIldmg to the eXlstmg fence along the eastern property lme - l.e the fence along the eXIstmg Quantum Dramage RetentIOn Area) The proposed changes to the Site Plan are reqUired to meet the secunty and outdoor storage needs of a major tenant, Harmon, Inc Harmon, Inc IS prepared to sIgmficantly expand ItS eXlstmg operatIOns at thIS bUIldmg conditIOnal upon the approval of the proposed fence area, The proposed fencmg Will not mterfere With the operatIOns of any utilItIes, and IS situated so as to allow for trash pIck-up Without access to the fenced area. "Knox" boxes WIth keys for fire and emergency vehicle access Will be proVIded on the gates at each end of the proposed fencmg. Mamtenance of landscapmg, lITIgatIOn, and parkmg/dnveways wlthm the fenced area Will contmue as has been prOVided m the past. The above changes do not mcrease bUIldmg square footages or reduce the number of parkmg spaces prOVided for thIS bUIldmg and Site All proposed fencmg shall be 8' galvamzed cham lmk, With vmyl slats matchmg the color of the bUIldmg to obscure the View of vehicles and matenals proposed to be stored wlthm the fenced areas, 2100 Park Central Boulevard 'North Suite 900 Pompano Beach, Florida 33064 954 971 9500 Toll Free 1 877 945 9791 954 969 5582 (Fax) . Mmar Site Plan RevIsIOn September 8, 2004 Page 2 of2 AddItionally, the maXimum possible total area of fencmg for the project, with thIS proposed addItIOn of the Harmon, Inc fencmg (63,917 SF total of fence area, but only a net gam of 51,699 SF of new fence area smce the proposed lImits of the fencmg encloses an area of prevIOusly approved fencmg amountmg to 12,218 SF) Will be only 1471 % of the overall property (1.e , less than the 15% allowed by City Code) The proposed fencmg Improvements are consistent With the approved uses at thIS project, and Will not create any adverse Impacts to other tenants at the property or adjacent properties. Please feel free to contact me should you have any questIOns or reqUire any additional mformatlOn regardmg these matters. cc Ed Mitchell, CBRE, Whitney Peterson, Global, Andy PribyVBob MotchkavItz, P.E, PCR, Franz LaFonte, City Engmeenng, w/encl. // USE APPROVAL APPLICATION "OUTDOOF-. JRAGE" PREMIER DEVELOPMENT PARCELS AT QUANTUM PARK PID PROJECT BOYNTON BEACH. PALM BEACH COUNTY FLORIDA REVISED AUGUST 18, 2004 , ,MAX ~ i , MAX. MAX. , , ACT 1 1 1 : 1 MAX. IDIST ,T i PROP I 'PROP ,ACTUAL , STOR , 1 1 SITE i BLDG. IPROP 1 FENCE T15o/. OF 1 STOR. 15"10 OF : STaR. FENCE AREA PROJECT I ! AREA 1 AREA ,STOR. TFROM ISITE ! "10 OF 'BLDG "I. OF STaR 1 "I. OF BUILDING AREA : ACRESI 'IN SF 'IN SF 1SLDG :AREA, SF' 'SITE AREA, SF BLDG AREA, SF' ,SITE 1 1 1 1 ; 1 I 1 GATEWAY BUSINESS CNTR. : i 1 1 LOTS 31-38) 1 ! 1 ! , 1 1 BLDG. NO 1 1142.2021 1 45,821 i 65i i ; ! 1 1 PARNELL MARTIN ; ! 1 1 ! : 1 I 5,2001 : 1 BUCHANAN SCREEN j' i , 1 T 6,045, , 1 1 1 i ~ : I , 1 I i 1 1 I ! , 29,813 i I , 'BLDG. NO 2 -I , 99.750 65 1 1 , IITT 1 1 1 ' 1 0,400 1 1 : ! 1 T ! 1 , i 1 T iBLDG. NO.:3 i I I 94,0981 75.2911 TBD T i , ! I i HARMON PROPOSED 1 I ' 1 : ! 63.917 ; 1 1 : ~ 1 ! I , 1 I ; 'SUB TOTAL i I 23.56' ! 336,050 150,925 153,941 : 14.71 50,408 44.91 85,562 ' 8.34 , , ! i I ! I 1 1 i , 1 ' , I ! , 1 i 1 I ! i 1 1 1 i i ' QUANTUM BUSINESS PARK , ' I i , ! LOTS 68A, 68B, 69, 70 & 72) 1 , 1 , IBLDG. NO 4 I 72.368 ' 20,1751 60 ! ! , ' , ! 1 ! i 1 1 : BLDG, NO 5 , 56.760 20,175 , 60' ! ! i I 1 ; , 1 : i , iBLDG. NO 6 i 1 1 56.760 1 20,175 1 60 ! 1 ! 1 1 , ! , I 1 , , ! I , i 1 ! ! I , i 1 i 1 'BLDG. NO.7 79.262 20.175 60 I 1 ' I 1 LAWSON , , 1 784 ! 1 I i : i i , i- : ! ! i 1 T , SUB TOTAL 16.27' , 265,150 ! 80,700 1 T 106,308 11.39 1 39,773' , 30,44' 784 0.11 , I 1 , 1 1 ,- I , I I 1 I 1 I i , i 1 T I , QUANTUM JPM VACANT LAND , ! i : , ICLOTS 73A, 73B, 74 76) I I 1 , , ; 1 BLDG. NO 8 i 49,428 i 65 IMASCO PROPOSED , ! ' I 27.121 I 1 I 1 , i 1 I BLDG, NO 9 ! 21.770 I 65, I , I i : , i : , 1 1 , ! SUBTOTAL i 13.75, 196,486 71,198 , I 89,843 ' 11.89 29,473 , 36.24 27,121 4.53 I I 1 : , 1 i ! ! 1 i 1 i ! ! 1 , I I i 1 OVERALL GRAND TOTALS ! 53.58 797,686 I 302,823 350,092 ! 12.97i 1 119,6531 37.961 i 113,467, 1 4.86 PREMIER ASSET MANAGEMENT INC. PAGE 1 CITY OF BOYNTON BEACH, FLORIDA --------. MEMORANDUM \ I ---~---. TO Ed Breese, Pnncipal Planner IJ L I '9 CC Mike Rumpf, Director of Plannmg & Zomng Chuck Magazme, Rtsk Manager . !-.1(7 Michael J Pawe1czyk, ASSiStant City Attorney JV!:;i/ Prermer Commercial Realty, Inc Hold Harmless Agreement in connection with Minor Site Plan Modification DEP~;r?T~ r C r::-' I ! -----~ J 1: I .-.1 u_______ FROM RE DATE September 29, 2004 ThIS IS m response to your memorandum to the City Attorney, dated September 27, 2004, and requestmg that our office reView a proposed hold harmless agreement prepared by Premier Commercial Realty, Inc, m connectIOn with a Minor Site Plan ModificatIOn submittal for Gateway Center, BUIldmg #3 You have mdlcated that the Plan ModificatIon mvolves placmg fencmg and a gate over a CIty utIhty easement. We recommend that the attached Revocable License be utIhzed to adequately protect the City m connectIOn WIth Improvements bemg constructed m the CIty'S easement. Please reVIew the attached document and forward necessary mput and any comments or suggestIons you may have, If thIS Item moves forward as proposed, SectIOns 3 and 4 of the Agreement must be completed and Exhibits "A" and "C" need to be submitted to thIS office to be mcluded with the ongmal agreement. City CommIssIOn approval would be reqUired for thIS Item, Should you have any questIons or Wish to dISCUSS thIS matter further, please do not heSItate to contact me Attachment S.\ca\MJP\memos\2004\Breese (Premier Hold Harmless) 09-29.doc PREP ARED BY AND RETURN TO' Michael J Pawe1czyk, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Flonda 33308 Space Reserved for Recording Information REVOCABLE LICENSE AGREEMENT THIS IS A REVOCABLE LICENSE AGREEMENT ("Agreement") entered mto on thIS _ day of , 2004, by and between, CITY OF BOYNTON BEACH, a Flonda mumclpal corporatIOn (the "City"), and PREMIER GATEWAY CENTER AT QUANTUM LLP, a Flonda lImited lIabilIty partnership, successor by merger to Gateway Busmess Park, L.C, a Flonda lImited lIabilIty company (the "Licensee") WHEREAS, Gateway Busmess Park L C previously granted to the City an easement for water and sewer utIlIties and other appropnate publIc purposes, recorded m OffiCial Records Book 13323, Page 825 of the PublIc Records of Palm Beach County, Flonda (the "Easement"), WhiCh easement encumbers portIOns of the property owned by Licensee, referred to herem as the "Easement Area" or "License Area" and which IS more particularly described m Exhibit "A", and WHEREAS, Licensee has applIed to the City for mmor Site plan modificatIOns that would permit fencmg to be mstalled on the property owned by LIcensee, and WhiCh would fall wlthm or cross over the Easement Area IdentIfied m Exhibit "A", and WHEREAS, City reqUIres the executIOn of thIS Revocable License as a condition for grantmg approval to thIS mmor Site plan modIficatIOn, and Revocable License Form - Premier Commercial Realty Rev 09-29-04 WHEREAS, the Licensee deSIres to occupy and use a portion the property wlthm the Easement Area on Its property and deSIres to enter mto a Revocable License Agreement with regard to the use of the Easement Area as set out below; NOW, THEREFORE, m consideratIOn of the foregomg and for other good and valuable consIderatIOn, the adequacy and sufficiency of WhiCh are acknowledged, the parties agree as follows 1 RecItals. The above recitals are true and are mcorporated mto thIS Agreement. 2. Grant of License. City hereby grants to Licensee the revocable nght, lIcense and pnvllege of usmg a portIOn of the property (the "License Area" or "Easement Area") wlthm the Easement depicted on Exhibit "A" subject to the hmltatIOns and conditions heremafter set forth. Licensee IS the fee Simple owner of real property adjacent to the License Area, Licensee's property bemg more partIcularly described m Exhibit "B" attached hereto and mcorporated herem. 3 Term. The term of thIS License shall commence the day of 2004, and shall expire _ U years from that date, unless termmated earher as hereafter set forth. 4 Compensation. Licensee shall pay the City a one time document preparation charge of $_ 00, and an annual lIcense fee of $_ 00 In the event of termmatIon or revocation of thIS Agreement, there shall be no refund of any portIOn of the License Fee. 5 Use of Premises. Licensee shall use and occupy the License Area only for the followmg purposes. The mstallatIon and mamtenance of a fence and gate m accordance With applIcable City codes and regulatIOns, as depicted m the attached Exhibit "e " License Area shall not be used for any other purpose by Licensee Without an advance wntten amendment of thIS Agreement. 6 Limitations on Use. Licensee agrees that It shall not: a. PermIt the License Area, Without the advance wntten consent of the City, to be used or occupIed by any person, firm, entity or corporatIOn other than Licensee and ItS agents. b Permit or allow any nUIsance or hazardous actiVIty, trade or occupatIOn to be permItted or camed on, m or upon the License Area, Revocable License Form - Premier Commercial Realty Rev 09-29-04 c Keep m or about the License Area any property, Item(s) or thmg(s) that have the effect of mcreasmg the nsk of any hazard, fire or catastrophe. d. Permit of commit upon or to the License Area, any waste, mJury, or damage of any kmd. d, Permit the License Area to be used or occupIed m any manner, which vIOlates any laws, rules, statutes, ordmances, pohcles, or regulatIOns of any governmental enttty, mcludmg City e Park or store eqUIpment or vehicles on any portIOn of the License Area. f. Permit, mstall, or construct any structures, gazebos, deckmg, gyms, tiki huts, or any other eqUipment other than Imgatton eqUipment and fencmg as provided m Sectton 9 on the License Area. 7 AssIgnment. Licensee shall not voluntanly, mvoluntanly or by operatIOn of law, assIgn, sell, pledge, grant a secunty mterest, or m any manner transfer the License or any mterest therem or grant any nght to the License Area without the pnor wntten consent of City, which such consent City may grant or Withhold m Its absolute dlscretton. 8 Damage to PremIses. Licensee shall not, by ItS use or occupancy, cause any damage to the License Area, Licensee agrees that all personal property placed upon the License Area shall rem am the property of Licensee unless not removed when requested by CIty and shall be placed upon the License Area at the sole nsk of Licensee. Licensee shall gIVe the City, or ItS deSignated agent, prompt wntten nottce pursuant to SectIOn 17 of thIS Agreement, of any occurrence, mCldent or aCCident occumng on the License Area. 9 Permits. a. The Licensee shall obtam a permIt for the mstallatIOn of any ImgatIOn eqUipment, mcludmg but not lImited to spnnklers and spnnkler eqUipment and plumbmg. Such permit Will be Issued after Licensee or ItS contractor, submits a permit applIcatIOn and acceptable plans to the City m accordance With the City of Boynton Beach Code of Ordmances and the Flonda BUIldmg Code. b The Licensee shall obtam a permit for the mstallatIon of any fencmg, on the License Area. Such permIt WIll be Issued after Licensee or ItS contractor, submIts a permit apphcatIOn and acceptable plans to the City m accordance With the City of Boynton Beach Code of Ordmances. Concrete, block or SImIlar walls shall not be permitted on the License Area. Revocable License Form - Premier Commercial Realty Rev 09-29-04 c The Licensee shall submit plans for the mstallatIOn of any such Improvements to the CIty at least thirty (30) days before begmnmg mstallatIOn work and shall not mstall any Improvements unttl wntten approval and permit IS obtamed from the City d. The Licensee shall nottfy the City wlthm five (5) days after mstallatIOn of any permitted Improvements has been completed. The City may reqUIre Licensee to remstall or remove the Improvements If the Improvements do not comply With the approved plans. e. Licensee IS responsible for assunng that ItS approved contractor also observes all laws and ordmances of the City, County, State and Federal agencies havmg jUnSdlctIOn, f. The City, ItS agents and ItS authonzed employee may enter upon the License Area at all reasonable ttmes and hours to examme same to determme If Licensee IS properly mamtammg the License Area and any Improvements permitted by thIS Agreement. 10 IndemmficatIOn. a, Licensee shall mdemmfy, defend and hold harmless the City, ItS officers, agents and employees, from and agamst any and all claims, SUItS, actIOns, damages, lIabIlItIes, expenditures or causes of actton of any kmd ansmg directly or mdlrectly from thIS Agreement and resultmg or accrumg from any mtentIOnal act or any neglIgent act, omISSIOn or error of Licensee WhiCh m turn results m or relates to mjunes to body, lIfe, lImb or property sustamed m, about or upon the License Area or the Improvements or both, ansmg from the use of the License Area, b LIcensee shall defend, at ItS sole cost and expense, and legal actIOn, claim or proceedmg mstttute by any person agamst the City as a result of any claim, SUIt or cause of actIOn accrumg or m any way ansmg out of thIS Agreement for mjunes to body, lIfe, lImb or property as set forth above. c Licensee shall save the City harmless from and agamst all judgments, orders, decrees, attorneys' fees, costs, expenses and lIabIlIttes mcurred m and about any claim, and the mvesttgatlon or defense of them, which maybe entered, mcurred or assessed as result of the foregomg, 11 Insurance. a. Without lImltmg any of the other oblIgatIOns or lIabIlIttes of Licensee, Licensee shall prOVIde, pay for and mamtam m force the msurance coverages set forth m thIS paragraph, at all ttmes as well assure the City coverage of the protectIOn contamed m the foregomg mdemmficatIOn proViSion undertaken by the LIcensee. Revocable License Form - Premier Commercial Realty Rev 09-29-04 b ComprehenSIve general lIabilIty with mmlmum lImits of five hundred thousand dollars ($500,000 00) per occurrence, combmed smgle hmlt for body mJury hablhty and property danlage hablhty coverage, must be afforded and must mclude (1 ) premises, operatIOns or both, (2) City IS to be mcluded as an "additIonal nanled msured", and (3) NotIce of CancellatIOn and/or RestnctIOn - the pohcy(ies) must be endorsed to prOVIde CIty WIth thIrty (30) days advance wntten notIce of cancellatIOn or restnctIon. c Licensee shall provide the City With a copy of all msurance polIces reqUIred by thIS paragraph showmg that City has been nanled as an additIonal nanled msured under such pohcles. d. Licensee shall prOVide a copy of any renewal of msurance to the City wlthm five (5) busmess days of the effectIve date of the Agreement. 12 Mamtenance and Repair of Licensed Premises. Removal. a. It shall be the responsiblhty of Licensee to mamtam and keep the License Area clean, sanitary and free from trash and debns. The upkeep and mamtenance of the License Area hcensed under thIS Agreement shall be borne solely by Licensee, and Licensee agrees to mamtam the License Area m accordance With the terms and conditions of thIS Agreement and consistent With prudent and reasonable mamtenance procedures and techniques. Licensee speCifically agrees to mstall and mamtam the Improvements m a manner that Will not pose a hazard to persons or vehicles on adjacent property or the Improved nght-of-way Licensee acknowledges and agrees that thIS mamtenance and upkeep responsibilIty extends to any portIOn of the License Area, which may be located on the other Side of a fence of Licensee b Licensee agrees that It Will replace any and all landscapmg and pubhc Improvements which are danlaged as a result of the constructIOn of the Project utIlIzmg the same quahty of matenals and workmanship as approved by the City Engmeer of City c Licensee acknowledges that It Will bear any and all costs assocIated With removal of any Improvements encroachmg on the License Area upon receIpt of notice to remove from City In the event LIcensee fails to remove all or any part of such Improvement or encroachment wlthm thirty (30) days after wntten demand by the City to do so, City IS authonzed to remove the encroachment or any portIOn of It and all costs assocIated With the removal shall become a hen agamst the real property described m Revocable License Form - Premier Commercial Realty Rev 09-29-04 Exhibit "B" of thIS Agreement, which lIen may be enforced through foreclosure and shall mclude court costs and reasonable attorneys' fees. d. Licensee acknowledges and understands that the License Area IS a utIlIty easement of the City, wherem the removal of any fence and gate mstalled or constructed m the License Area may be necessary for purposes of mstallatIon, repair, mamtenance, or otherwise to utIlItIes. 13 Amendment. No mOdIficatIon, amendment or alteratton of the terms or condlttons contamed m thIS Agreement shall be effecttve unless approved and executed, With the same formalIty and of equal dlgmty herewIth. 14 Surrender Upon TermmatIOn. Licensee shall peaceably surrender and delIver the License Area to the City or ItS agents nnmedlately upon expiratIOn of the term of thIS Agreement. Licensee shall remove from the License Area, at Licensee's own expense, anythmg placed on the License Area unless the City, m wntmg, authonzes lIcensee to leave any landscapmg, Improvements or both on the License Area. The City shall have no oblIgatIOn to move, remstall, replace or m any way compensate Licensee for any loss resultmg from or ansmg out of the termmatIOn of thIS Agreement. The Licensee agrees to return the License Area to a safe condition followmg removal of the Improvements, Licensee shall be oblIgated to repair or pay for any damage to the License Area resultmg from the removal of the Improvements. 15 Waiver Failure of the City to mSlst upon stnct performance of any covenant or conditt on of thIS Agreement or to exerCIse any nght contamed m thIS Agreement shall not be construed as a waiver or relmqUIshment for the future of any such covenant, condltton or nght, but the same shall remam m full force and effect. None of the condItIOns, covenants or proVISIOns of thIS Agreement shall be waived or modified except m wntmg and by the parties to thIS Agreement. 16 TermmatIOn. ThIS Agreement may be canceled With or Without cause at any tIme by either party upon nmety (90) days wntten nottce to the other of ItS deSire termmate Agreement. 17 NotIce. Any nottce or demand, WhiCh under the terms of thIS Agreement or by any statute or ordmance IS to be given or made by either party, shall be m wntmg and shall be given by certified or registered mall, return receipt requested, sent to the other party at the address set forth below, or to such other address as such party may from ttme to ttme deSignate by notice Revocable License Form - Premier Commercial Realty Rev 09-29-04 IF TO CITY City of Boynton Beach Attn. City Manager 100 E. Boynton Beach Boulevard Boynton Beach, Flonda 33325 IF TO LICENSEE Premier Gateway Center at Quantum LLP Attn. Jack Azout, Trustee, Partner 2100 Park Central Boulevard North SUite 900 Pompano Beach, Flonda 33064 18 No Property or Contract Right. Licensee expressly acknowledges that pursuant to the terms hereof, It gams no property or contract nght to the contmued mamtenance of the License Area, other than as expressly provided herem. Licensee further acknowledges that the License granted herem IS revocable at the Will of the City and m the City'S sole and unfettered dIscretIon, subject to the terms and conditIOns hereof. 19 Taxes, Assessments, Operatmg Costs and UtIlIty Charges a. Licensee shall payor cause to be patd all real estate taxes, assessments and other Similar payments, usual or unusual, extraordmary as well as ordmary, WhiCh shall dunng the term be Imposed upon, become due and payable, or become a lIen upon the License Area or any part thereof, but specifically lImited to such taxes or assessments which accrue after the EffectIve Date hereof, by Virtue of any present or any future law of the Umted States of Amenca or of the State of Flonda or of any county or mumclpal authonty Licensee shall, upon request, exhibit receipt for such payments to the City annually Further, subject to SectIOn 19 b below, as of the Effective Date hereof, Licensee shall payor cause to be paid all operatmg expenses, such as those for lIght, electnclty, charges for water, and all costs attributable to the mamtenance and operatIOn of all Improvements to be erected upon the License Area or landscapmg wlthm the License Area. b Licensee shall have the nght to reVIew, by legal proceedmgs, any taxes, assessments or other charges Imposed upon It. If any such taxes, assessments or other charges shall be reduced, canceled, set aSide or to any extent discharged, the Licensee shall pay the amount that shall be finally assessed or Imposed agamst the License Area or adjudicated to be due and payable on any disputed or contested Items. Revocable License Form - Premier Commercial Realty Rev 09-29-04 c If, as a result of any legal proceedmgs pursuant to the provisions of 19 b hereof, there IS any reductIOn, cancellatIOn, settmg aSide or discharge of any tax or assessment, the refund shall be payable to Licensee, and If such refund be made to the CIty, then and m that event the City shall regard such refund as held m trust for the benefit of Licensee and shall Immediately pay over the same to the Licensee The term "legal proceedmgs" as used m thIS SectIOn shall be construed to mclude appropnate appeals from any Judgments, decrees or orders, or certIOran proceedmgs. 20 License, not Lease. It IS acknowledged and sttpulated by and between the parties hereto that thIS Agreement shall not be deemed a lease of the License Area by City but rather a License granted to Licensee by City to use and occupy the License Area under the terms and conditIOns stated herem. 21 RecordatIOn, ThIS Agreement shall not be effective unttl It has been executed by all parties and recorded by Licensee m the Pubhc Records of Palm Beach County, Flonda, at Licensee's expense. Immediately thereafter, a copy of the recorded Agreement shall forthWith be filed With the City Clerk of City by the Licensee 22 Covenants runnmg With the land. The provlSlons of thIS Agreement are covenants runnmg With the land described as LIcensee's property above, and are bmdmg upon Licensee and ItS respecttve successors and aSSIgns. 23 ExecutIOn. ThIS Agreement shall be of no force and effect If not properly executed by all parties wlthm nmety (90) days from the date first appeanng above, unless the parties by mutual agreement m wntmg shall, for good cause, extend the ttme for executIOn. [THE REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK] Revocable License Form - Premier Commercial Realty Rev 09-29-04 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year first wntten above. CITY OF BOYNTON BEACH Mayor Attest! AuthentIcated. City Clerk Approved as to Form, Office of the City Attorney Revocable License Form - Premier Commercial Realty Rev 09-29-04 WITNESSES LICENSEE PREMIER GATEWAY CENTER AT QUANTUM LLP Jack Azout, Trustee, a Partner [Witness pnnt/type name] Erwm Sredm, a Partner [Witness pnnt/type name] STATE OF FLORIDA. COUNTY OF PALM BEACH The foregomg mstrument was acknowledged before me thIS _ day of ,2004 by Jack Azout, Trustee and Partner, and Erwm Sredm, a Partner, for and on behalf of PREMIER GATEWAY CENTER AT QUANTUM LLP, a Flonda lImited lIabilIty partnership They are personally known to me or have produced as IdentIficatIon and did not (did) take an oath. (SEAL) Notary PublIc, State of Flonda Signature of Notary takmg Acknowledgment) Name of Notary Typed, Pnnted or Stamped My CommIsSIOn ExpIres. COlnmlsSIOn Number s:/calagmtslRevocable License - Premier Commercial Realty.doc Revocable License Form - Premier Commercial Realty Rev 09-29-04 EXHIBIT" A" LICENSE AREA Revocable License Form - Premier Commercial Realty Rev 09-29-04 EXHIBIT "B" LICENSEE'S PROPERTY Lot 32,33 and a portIOn of Lot 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D PLAT NO 3, accordmg to the Plat thereof as recorded m Plat Book 60, Page 29 through 31 of the Publtc Records of Palm Beach County, Flonda, bemg more particularly described as follows BEGIN at the most north comer of Lot 32, said pomt bemg on a curve, concave to the southwest havmg a radial beanng of North 51000'00' East, havmg a radIUS of 1038 50 feet and a central angle of 37013'19", thence southeasterly an arc distance of 67466 feet, thence south 86 00'00" West, 2405 feet, thence South 47000'00" West, 135.32 feet; thence South 71019'09" East, 221 58 feet; thence North 83021 '08" West, 76 12 feet to a pomt on a non-tangent curve, concave to the Southwest havmg a radIUS of 68870 feet and a central angle of 45038'52", thence Northeasterly an arc distance of 548 69 feet; thence North 51000'00" East, 42000 feet to the POINT OF BEGINNING Said Lands lymg m the City of Boynton Beach, Palm Beach County, Flonda and contammg 265,284 square feet, 6091 acres, more or less and bemg commonly known as Gateway BUIldmg Three. Revocable License Form - Premier Commercial Realty Rev 09-29-04 EXHIBIT "C" DESCRIPTION OF IMPROVEMENT Revocable License Form - Premier Commercial Realty Rev 09-29-04 Dr/lSlon of Corporattons Page 1 of I General PartnershIp PREMIER GA TEW A Y CENTER AT QUANTUM LLP 2100 PARK CENTRAL BLVD N SUITE 900 POMPANO BEACH, FL 33064 Document Number FEI Number Date Filed GPOIOOOO1325 NONE 08/23/2001 State Total Pages Pages in Original Filing FL 0004 0003 Status Effective Date Expiration Date ACTIVE NONE NONE Current Partners 0006 Name History NONE VICW Fdmg: lllstory No Authonty InformatIon V JCW Partners NoN ame HIstOry InformatIOn Cancellation Date NONE Previous onl...ist Retumto List. I Ne(d on List I Document Images LIsted below are the Images avaIlable for thIS fihng GPOlO0001325 -- 08/23/2001 -- Registration 900000040599 -- No image available THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http.l/www.sunblz.org/scnpts/gendet.exe?a1 =DETGENINAME&d1 =%20&n1 =GP01 0000 9/29/2004 Dr-vISIOn of CorporatIOns Page 1 of 1 Partners I Name & Address I FEI Charter Number Number AZOUT JACK TRCSTE ~~ 2100 PARK CENTRAL BLVD N. #900 POMPA~O BEACH, FL 33064 GILINSKI. SAUL TRUSTE ~~ 2100 PARK CENTRAL BLVD N. #900 POMPA.Jo.W BEACH, FL 33064 HG HOLDIKGS ~ 2100 PARK CEr\TRAL BLVD "I. #900 GPOI00001245 POMPANO BEACH, FL 33064 GILAZO HOLDINGS UP ~ 2100 PARK CE~TRAL BLVD '\i. #900 LLP010001219 POMPAAO BEACH, FL 33064 SRED~I, ERWIl\ ~~ 2100 PARK CE~TRAL BLVD., N. #900 POMPANO BEACH, FL 33064 PRlVEE L TS FNANCE CORPORA nON ~ 2711 CE~TERVILLE ROAD SUITE 400 FO 1000004477 WILMINGTON, DE 19808 THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ..-- http.//www.sunblz.org/scnpts/genpart.exe?nl =GP01 00001325 9/29/2004 DIVISIOn of CorporatIOns Page 1 of2 r-- LImIted LIabIlIty PartnershIp PREMIER GA TEW A Y CENTER AT QUANTUM LLP 2875 N W 1915T STREET, PH1-B AVENTURA, FL 33180 Document Number FEI Number Date Filed LLPOI0001406 651131103 08/23/2001 State Total Pages Pages in Original Filing FL 0005 0002 Status Effective Date Expiration Date ACTIVE NONE NONE Florida Partners Name History Total Partners 0005 NONE 0006 VIew Fll!11g History No Authonty InformatIOn No Partner InformatIOn NoN ame HIstOry InformatIOn Previous on List Return to List I Ne)(t on List.. I RegIstered Agent Name & Address KLEIN THEODORE ESQ 88 'IE 168TH STREET NORTH MIAMI BEACH, FL 33162 Document Images LIsted below are the Images avaIlable for thIS fihng. LLP010001406 -- 08/2_3/2001 -- LLP LLP040QQ2430 -- 05/Q6/2004 -- UNIFORM BUS REP LLP030Q01558 -- 04/22/2003 -- UNIFORM BUS REP LLP020001128 -- 04/18/2002 -- UNIFORM BUS REP THIS IS NOT OFFICIAL RECORD, SEE DOCUMENTS IF QUESTION OR CONFLICT http.//www.sunblz.org/scnpts/gendet.exe?a1 =DETGENINAME&dl =%20&nl =LLPOI 000 9/29/2004 CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO Janet Prmmto, City Clerk Ed Breese, Pnnclpal Planner, Plannmg and Zomng Department Peter Mazzella, Deputy UtIhtIes Director MIchael J Pawelczyk, AsSistant City AtlOmeyr;1Jf November 17, 2004 CC FROM DATE RE City of Boynton Beach ("Clty")\Quantum 1-95, BUI1dmg 3, Hold Harmless Agreement of Premier Gateway Center at Quantum, LLP As a foIIow-up to our prevIous memorandum dated November 10, 2004 (copy attached), enclosed please find the ORIGINAL Hold HarmlesslUndertakmg executed by Premier Gateway Center at Quantum, LLP m connectIon With ItS project known as Quantum 1-95-BUIldmg 3 on lots 32, 33, and a portion of lot 34 at Quantum Park at Boynton Beach P.I.D Plat No 3 Tills ongmal document should be mamtamed by your office as an offiCial record of the City Agam, should you reqUire additIonal mformatIOn pertammg to the ProJect, please contact either Ed Breese m the Planrung and Zomng Department or Pete MazzeIIa m the UtIhtIes Department, as they are most farmhar With the project and thIS matter Should you have any questIOns or Wish to dISCUSS thIS matter further, please do not heSitate to contact me, MJP cle Attachment( s) H.\I 990\9001 82.BB\MEMO 2004\Prainito (Quantum 1-95 Building 3 Hold Hannless).doc r-- " 1,"'-"'\ --::J (' : II i f1 )r I' : I f!~~ : 7~~ ~ rn \., '-. '- ....snHr>;T OF DEVELOPMENT --- CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO Janet Pramlto, CIty Clerk CC Ed Breese, Pnnclpal Planner, Planrung and Zomng Department Peter Mazzella, Deputy UtilItIes DIrector Michael J Pawe1czyk, AssIstant CIty Attome~/J November 10, 2004 FROM. DATE. RE City of Boynton Beach ("CIty")\Quantum 1-95, Buildmg 3, Hold Harmless Agreement of Premier Gateway Center at Quantum, LLP Attached for safekeepmg and for mclusIOn WIthin the City'S OffiCIal Records IS a certIfied copy of the Hold Harmless Agreement/Undertakmg executed by Premier Gateway Center at Quantum, LLP m connectIOn With ItS project known as Quantum 1-95-Buildmg 3 on lots 32, 33, and a portIon of lot 34 at Quantum Park at Boynton Beach P.I.D Plat No 3 Should you reqUIre addltionalmfonnatlOn pertalmng to thIS project for purposes of filIng, please contact either Ed Breese m the Planrung and Zomng Department or Pete Mazzella m the UtilttIes Department, as they are most fanllhar With the project and tills matter Should you have any questIOns or Wish to dISCUSS thIS matter further, please do not heSItate to contact me. MJP cle Attachment (certIfied copy) H:\I 990\9001 82.BB\MEMO 2004\MazelIa (Quantum 1-95 Building 3 Hold Harmless),doc ImmnmnlumllllUlmllU"llml Prepared By, Record and Return To CFN 20040624514 OR BK 17717 PG 1939 RECORDED 11/02/2004 15:15 50 Palm Beach County, Florida Dorothy H Wilken, Clerk of Court Pgs 1939 - 1941; C3pgs) Ted Klein 8030 Peters Road Building D, Suite 104 Plantation, Florida 33324 UNDERTAKING WHEREAS, Premier Gateway Center at Quantum LLP, a Florida limited liability company, successor by merger to Gateway Business Park L C , a Florida limited liability company, is the record title owner of the land (the "Land") described as Lot 32,33 and aportlOn of Lot 34A, QUANTUM PARK AT BOYNTON BEACH, P,I.D PLAT NO 3, accordIng to the Plat thereof as recorded In Plat Book 60, Page 29 through 31 of the PublIc Records of Palm Beach County, FIonda, beIng more particularly described as follows. BEGIN at the most north comer of Lot 32, said pomt bemg on a curve, concave to the southwest haVIng a radial beanng of North 51 00'00" East, havmg a radIUS of 1038.50 feet and a central angle of37" 13'19", thence southeasterly an arc dIstance of 67466 feet, thence South 86000'00" West, 2405 feet; thence South 47"00'00" West, 135.32 feet; thence South 71 19'09" East, 221.58 feet; thence North 83 21'08" West, 76 12 feet to a pomt on a non- tangent curve, concave to the Southwest havmg a radIUS of 688 70 feet and a central angle of 45 38'52" , thence Northeasterly an arc distance of 548 69 feet; thence North 51 00'00" East, 420 00 feet to the POINT OF BEGINNING Said lands lymg m the CIty of Boynton Beach, Palm Beach County, FIonda and contaImng 265,284 square feet, 60901 acres, more or less and bemg commonly known as Gateway BUIldIng Three i AND WHEREAS, Gateway Business Park L C previously granted to the City of Boynton Beach, a political subdivision of the State of Florida ("City"), an easement for water and sewer utilities and other appropriate purposes recorded in Official Records Book 13323, Page 825, of the Public Records Of Palm Beach County, Florida, which easement encumbers portions of the Land (the "Easement Area") , AND WHEREAS, Premier Gateway Center at Quantum LLP ("Owner"), pursuant to proposed changes date stamped September 8, 2004, applied to the City for a minor site plan revision to permit fencing to be installed on the Land that would fall within or cross over the Easement Area; AND WHEREAS, the City, in its September 30, 2004 letter approving the minor site plan revision, has required the execution and recordation of this Undertaking as a condition of granting a permit for the fencing NOW THEREFORE, the undersigned, for itself, its successors and assigns, does hereby covenant and agree with the City (1) To forever fully protect, defend, and save the City, its officials, employees and agents harmless from and against all loss, cost, lawsuits, claims, settlements, penalties, judgments, damages, attorneys' fees and expenses of every kind and nature which the City, its officials, employees and agents may suffer, expend or incur under or by reason of, or in consequence of, the installation of the fence including but not limited to any loss or damage resulting from the City removing the fence to the extent necessary to service the City's utility facilities; and (2) To provide for the defense, at Owner's own expense, on behalf of and for the protection of the City in all litigation consisting of actions or proceedings based on any items referred to above which may be asserted or attempted to be asserted, established or enforced in, to, upon, against or in respect to the City's actions of removing the fence from time to time or in gaining access to the Easement Area, and (3) to pay all restoration costs if the City or its successor has to remove the fence or any other structures, driveways, pools, patios, walls, decks, trees or vegetation from the Easement Area in order to conduct necessary maintenance, repair, replacement, or installation of utilities on or under said Easement Area This instrument shall be recorded in the Public Records of Palm Beach County, Florida and shall be a covenant running with the Easement Area IN WITNESS WHEREOF, the undersigned, has caused these presents -2- I/, to be signed on this ~ day of at fer , 2004 PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership whose address is 2100 Park Central Boulevard North, Suite 900, Pompano Beach, Florida 33064 By a Partner -3- CITY OF BOYNTON BEACH City Attorney's Office Memorandum r r:' r~ r r ~ '''1 R w' TO Janet Pramlto, City Clerk !' i NOV L LUU4 l.ILL DEPARTMENT OF OEVElOPMENl CC Ed Breese, Pnnclpal Planner, Plannmg and Zomng Department Peter Mazzella, Deputy Utthtles DIrector \h/J MIchael J Pawelczyk, ASSIStant CIty Attome~1 November 10, 2004 FROM. DATE RE City of Boynton Beach ("Clty")\Quantum 1-95, BUIldmg 3, Hold Harmless Agreement of Premier Gateway Center at Quantum, LLP Attached for safekeepmg and for mclusIOn wlthm the City'S OffiCial Records IS a certified copy of the Hold Harmless Agreement/Undertakmg executed by Premier Gateway Center at Quantum, LLP m connectIOn With Its project known as Quantum 1-95-BUIldmg 3 on lots 32, 33, and a portIOn of lot 34 at Quantum Park at Boynton Beach P.I.D Plat No 3 Should you reqUire addlttonal mformatIOn pertammg to thIS project for purposes of filmg, please contact either Ed Breese m the Plannmg and Zomng Department or Pete Mazzella m the Uhlthes Department, as they are most fanllhar WIth the project and thIS matter Should you have any questtons or Wish to dISCUSS thIS matter further, please do not heSitate to contact me. MJP cle Attachment (certified copy) H:\1990\900182.BB\MEMO 2004\MazeIla (Quantum 1-95 Building 3 Hold Harmless).doc 2100 Park Central Blvd. North SUIte 900 Pompano Beach, Florida 33064 954-971-9500 954-974-2057 (Fax) nancyh@pcrfla.com DATE November 5, 2004 TO Mr Michael J Pawelczyk, Esq Assistant City Attorney Goren, Cherof, Doody & Ezrol, P A.. 3099 E Commercial Blvd., SUIte 200 Ft. Lauderdale, FL 33308 RE Quantum 1-95 - BUIldmg 3 - Agreement ATTACHED ARE THE FOLLOWING One (1) Recorded "Hold Harmless" Agreement THESE ITEMS ARE FOR. 0 Approval 0 Distribution 0 Review IComment )f;(' Per Your Request X Information 0 Other r Nancy Lee Hurlbert Director of Site Engineering Copies to Tom Padron, Andy Pribyl, PCR, Ted Klem, Esq, Ed Breese, City of Boynton Beach P&Z Dept. 111111111111111 U III '1111 '11111111111111111111111111111 Prepared By, Record and Return To CFN 2004062451.4 OR Bh 17717 PG 1939 RECORDED 11/02/2004 15 15 50 Palm Beach County, Florida Dorothy H Wilken, Clerk of Court Pgs 1939 - 1941; (3pgsl Ted Klein 8030 Peters Road Building D, Suite 104 Plantation, Florida 33324 UNDERTAKING WHEREAS, Premier Gateway Center at Quantum LLP, a Florida limited liability company, successor by merger to Gateway Business Park L C , a Florida limited liability company, is the record title owner of the land (the "Land") described as Lot 32, 33 and a portIOn of Lot 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D PLAT NO 3, accordIng to the Plat thereof as recorded In Plat Book 60, Page 29 through 31 of the PublIc Records of Palm Beach County, F10nda, beIng more particularly described as follows. BEGIN at the most north corner of Lot 32, saId pOInt beIng on a curve, concave to the southwest haVIng a radial beanng of North 51 00'00" East, haVIng a radms of 1038.50 feet and a central angle of37" 13'19", thence southeasterly an arc distance of 67466 feet, thence South 86 00'00" West, 24 05 feet; thence South 47"00'00" West, 135.32 feet; thence South 71 19'09" East, 221.58 feet; thence North 83021 '08" West, 76 12 feet to a pOInt on a non- tangent curve, concave to the Southwest haVIng a radIUs of688 70 feet and a central angle of 45 38'52" , thence Northeasterly an arc distance of 548 69 feet; thence North 51 00'00" East, 420 00 feet to the POINT OF BEGINNING Said lands lymg In the CIty of Boynton Beach, Palm Beach County, F10nda and contalmng 265,284 square feet, 60901 acres, more or less and beIng commonly known as Gateway BuIldIng Three, AND WHEREAS, Gateway Business Park L C previously granted to the City of Boynton Beach, a political subdivision of the State of Florida ("City"), an easement for water and sewer utilities and other appropriate purposes recorded in Official Records Book 13323, Page 825, of the Public Records Of Palm Beach County, Florida, which easement encumbers portions of the Land (the "Easement Area") , AND WHEREAS, Premier Gateway Center at Quantum LLP ("Owner"), pursuant to proposed changes date stamped September 8, 2004, applied to the City for a minor site plan revision to permit fencing to be installed on the Land that would fall within or cross over the Easement Area, AND WHEREAS, the City, in its September 30, 2004 letter approving the minor site plan revision, has required the execution and recordation of this Undertaking as a condition of granting a permit for the fencing NOW THEREFORE, the undersigned, for itself, its successors and assigns, does hereby covenant and agree with the City (1) To forever fully protect, defend, and save the City, its officials, employees and agents harmless from and against all loss, cost, lawsuits, claims, settlements, penalties, judgments, damages, attorneys' fees and expenses of every kind and nature which the City, its officials, employees and agents may suffer, expend or incur under or by reason of, or in consequence of, the installation of the fence including but not limited to any loss or damage resulting from the City removing the fence to the extent necessary to service the City's utility facilities; and (2) To provide for the defense, at Owner's own expense, on behalf of and for the protection of the City in all litigation consisting of actions or proceedings based on any items referred to above which may be asserted or attempted to be asserted, established or enforced in, to, upon, against or in respect to the City's actions of removing the fence from time to time or in gaining access to the Easement Area; and (3) to pay all restoration costs if the City or its successor has to remove the fence or any other structures, driveways, pools, patios, walls, decks, trees or vegetation from the Easement Area in order to conduct necessary maintenance, repair, replacement, or installation of utilities on or under said Easement Area This instrument shall be recorded in the Public Records of Palm Beach County, Florida and shall be a covenant running with the Easement Area IN WITNESS WHEREOF, the undersigned, has caused these presents -2 - It; to be signed on this ~ day of u-tier , 2004 PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership whose address is 2100 Park Central Boulevard North, Suite 900, Pompano Beach, Florida 33064 a Partner - 3 - Bi' - 2100 Park Central Blvd, North SUIte 900 Pompano Beach, Florida 33064 954-971-9500 954-974-2057 (Fax) nancyh@pcrfla.com DATE November 5, 2004 TO Mr Michael J Pawe1czyk, Esq ASSistant CIty Attorney Goren, Cherof, Doody & Ezrol, P A.. 3099 E CommercIal Blvd., Smte 200 Ft. Lauderdale, FL 33308 RE Quantum 1-95 - Bmldmg 3 - Agreement ATTACHED ARE THE FOLLOWING One (1) Recorded "Hold Harmless" Agreement THESE ITEMS ARE FOR. 0 Approval 0 Distribution 0 Review/Comment ~ Per Your Request X Information 0 Other N aney Lee Hurlbert Director of Site Engineering Copies to Tom Padron, Andy Pribyl, PCR, Ted Klem, Esq, Ed Breese, City of Boynton Beach P&Z Dept. r rn..' ~ @ ~ ~ W ~ ~.. ~ , I, i r ~ I NOV m! L -I I DfPARTMFNT OF DEVELOPVFN - --. IIIII ~ III ~ IIIIIIIIIIIIIIIIIIIIIIIII~ 1111111111111 Prepared By, Record and Return To CFN 20040624514 OR BK 17717 PG 1939 RECORDED 11/02/2004 15 15 50 Palm Beach County, Florida Dorothy H Wilken, Clerk of Court Pgs 1939 - 1941; (3pgsl Ted Klein 8030 Peters Road Building D, Suite 104 Plantation, Florida 33324 UNDERTAKING WHEREAS, Premier Gateway Center at Quantum LLP, a Florida limited liability company, successor by merger to Gateway Business Park L C , a Florida limited liability company, is the record title owner of the land (the "Land") described as Lot 32,33 and a portIOn of Lot 34A, QUANTUM PARK AT BOYNTON BEACH, P,I.D PLAT NO 3, accordmg to the Plat thereof as recorded m Plat Book 60, Page 29 through 31 of the PublIc Records of Palm Beach County, Flonda, bemg more particularly described as follows BEGIN at the most north comer of Lot 32, Said pomt bemg on a curve, concave to the southwest havmg a radial beanng of North 51 00'00" East, havmg a radIUS of 103850 feet and a central angle of37"13'19", thence southeasterly an arc distance of 674 66 feet, thence South 86 00'00" West, 24 05 feet; thence South 47 00'00" West, 13532 feet, thence South 71 19'09" East, 221.58 feet; thence North 83 21'08" West, 76 12 feet to a pomt on a non- tangent curve, concave to the Southwest havmg a radIUS of 688 70 feet and a central angle of 45 38'52" , thence Northeasterly an arc distance of 548 69 feet, thence North 51 00'00" East, 420 00 feet to the POINT OF BEGINNING SaId lands lymg m the City of Boynton Beach, Palm Beach County, FIonda and contammg 265,284 square feet, 60901 acres, more or less arId bemg commonly known as Gateway BUIldmg Three, AND WHEREAS, Gateway Business Park L C previously granted to the City of Boynton Beach, a political subdivision of the State of Florida ("Citv"), an easement for water and sewer utilities and other appropriate purposes recorded in Official Records Book 13323, Page 825, of the Public Records Of Palm Beach County, Florida, which easement encumbers portions of the Land (the "Easement Area") , AND WHEREAS, Premier Gateway Center at Quantum LLP ("Owner"), pursuant to proposed changes date stamped September 8, 2004, applied to the City for a minor site plan revision to permit fencing to be installed on the Land that would fall within or cross over the Easement Area; AND WHEREAS, the City, in its September 30, 2004 letter approving the minor site plan revision, has required the execution and recordation of this Undertaking as a condition of granting a permit for the fencing NOW THEREFORE, the undersigned, for itself, its successors and assigns, does hereby covenant and agree with the City (1) To forever fully protect, defend, and save the City, its officials, employees and agents harmless from and against all loss, cost, lawsuits, claims, settlements, penalties, judgments, damages, attorneys! fees and expenses of every kind and nature which the City, its officials, employees and agents may suffer, expend or incur under or by reason of, or in consequence of, the installation of the fence including but not limited to any loss or damage resulting from the City removing the fence to the extent necessary to service the City's utility facilities, and (2) To provide for the defense, at Owner's own expense, on behalf of and for the protection of the City in all litigation consisting of actions or proceedings based on any items referred to above which may be asserted or attempted to be asserted, established or enforced in, to, upon, against or in respect to the City's actions of removing the fence from time to time or in gaining access to the Easement Area; and (3) to pay all restoration costs if the City or its successor has to remove the fence or any other structures, driveways, pools, patios, walls, decks, trees or vegetation from the Easement Area in order to conduct necessary maintenance, repair, replacement, or installation of utilities on or under said Easement Area This instrument shall be recorded in the Public Records of Palm Beach County, Florida and shall be a covenant running with the Easement Area IN WITNESS WHEREOF, the undersigned, has caused these presents -2- ul/, /; II. to be signed on this /-rv day of Gtn t-"er , 2004 PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership whose address is 2100 Park Central Boulevard North, Suite 900, Pompano Beach, Florida 33064 /" By ,/ r! h4ck Az l1t, f! I..i i! j i A'!1 d 11'.".'.ryl"I''',"I,."ona''nd.,'.k'ng g.',w.y b~~'it~t'~ /;e ditf Ll~o a Partner ACH COUNTY. STATE OF F~ORIDA PALM BE rtify lhallhe foregoing IS a I hereby ce f lh~)ord in my office. N I ~COpyo 00 _ 20':::::1 . . ' Da of ..;t. ThIS Y --. WILKEN DOROTHY H. (Ji~_DC BI'_ -3- FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E Boynton Beach Blvd POBox 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO N/f?Vce ~ &b~ FAX 1- t:JS4 - '174 - 2051 FROM DATE If) - /4 -tJ+ NUMBER OF PAGES (including cover) c:L RE ~/fYL. ~ ~tB$& ~ iJhU~ ) A71M!IIa> ~ />7Z6t-/M/~ ~ ~ me As1'$fh(IY ~~ /Jnj' t>u ~ ~ ~ /hwJMl.4S ~ .::J:1:. ~ ~ ~S &f.€$rr~ ~7' wV€ If,t€ IIr ~ .J ~~6 J"\SHRDATA\Planning\Planning Templates\P&Z Fax\P & D Blank Fax.dot If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260 Thank you City Attorney Comments On Draft Hold Harmless Agreement 1 In the 3rd and 5th line of the last paragraph on page I, replace "City" with "City, its officials, employees and agents" 2 In the last paragraph on page I, revise the 4th line to state," against all loss, cost, lawsuits, claims, settlements, penalties, judgments, damages attorneys' fees and expenses of " 3 Add a paragraph stating that, "The Owner(s) agree(s) and acknowledge(s) that should the City, or its successor, have to remove the fence or any other structures, driveways, pools, patios, walls, decks, trees, vegetation, dirt, or gravel from the Land, in order to conduct necessary maintenance, repair, replacement, or installation of utilities on or under said Land, the restoration costs associated therewith shall be the sole responsibility of the Owner " 4 Finally, add a paragraph stating, "This document shall be recorded in the public records of Palm Beach County, Florida, and shall encumber the Land, the Owner(s), and his, her, or their successors and assigns " TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER # 01/19/1998 02 50 PLANNING 5617426259 BROL3J876851 DATE,TIME FAX NO /NAME DURATION PAGE(S) RESULT MODE 01/19 02 49 91954974205798568 00 00 30 02 OK STANDARD ECM