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R23-122 1 RESOLUTION NO. R23-122 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AMENDED 4 DEED OF CONSERVATION EASEMENT WITH SOUTH FLORIDA WATER 5 MANAGEMENT DISTRICT (SFWMD) AND AMENDED EASEMENT 6 AGREEMENT WITH BOYNTON WILDLIFE, LLC. TO ALLOW ACCESS, 7 EVALUATION, RESTORATION AND MAINTENANCE OF THE MANGROVE 8 WETLAND AREA LOCATED AT INTRACOASTAL PARK;AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 WHEREAS, on November 1, 2022, the City Commission approved a request from 12 Boynton Wildlife, LLC for an Easement Agreement to evaluate and restore the mangrove 13 wetland conservation area in Intracoastal Park; and 14 WHEREAS,approvals of amended Easement Agreement with Boynton Wildlife LLC.and 15 the amended Deed of Conservation with SFWMD,which will allow for restoration of additional 16 areas, are required to move forward with the project; and 17 WHEREAS, this Restoration project by Boynton Wildlife, LLC will improve the 18 environmental sustainability of the conservation area in Intracoastal Park which will remain 19 open to the public for the duration of this project; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve 22 and authorize the Mayor to sign an amended Deed of Conservation Easement with South 23 Florida Water Management District (SFWMD) and amended Easement Agreement with 24 Boynton Wildlife, LLC. to allow access, evaluation, restoration and maintenance of the 25 mangrove wetland area located at Intracoastal Park. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above is true and correct and 29 incorporated herein by this reference. S:\CA\RESO\Agreements\Amended Easement Agreement With Boynton Wildlife(Mangrove Wetland)-Reso.Docx 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 approve and authorize the Mayor to sign an amended deed of conservation easement with 32 South Florida Water Management District (SFWMD) and Easement Agreement with Boynton 33 Wildlife, LLC.to allow access,evaluation, restoration and maintenance of the mangrove wetland 34 area located at Intracoastal Park. A copy of the Amended Conservation Easement and 35 Amended Easement Agreement are attached hereto and incorporated herein as Exhibits "A" 36 and "B" respectively. 37 Section 3. That this Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 14th day of September, 2023. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 43 Mayor-Ty Penserga 44 45 Vice Mayor-Thomas Turkin 46 / 47 Commissioner-Angela Cruz ✓ 481. / 49 Commissioner-Woodrow L. Hay 50 51 Commissioner-Aimee Kelley 52 53 VOTE S 54 A" .ST: 55 J / 56 57 Mayl:e '`Jesus, •A, MMC .vaar-�a 58 City Cler May,. 59 NT ON ``‘ j Q .•QORATf'•.q� �1 60id) A- .y � APPROV IP AS To FORM: 61 (Corporate Seal) t 5��' �c % ', ;4 0 62 63 I ;. ; David N. Tolces 64 ......•••nP ,,- Interim City Attorney 65 66 S:\CA\RESO\Agreements\Amended Easement Agreement With Boynton Wildlife(Mangrove Wetland)-Reso.Docx Prepared by and Return To: David N. Tolces,Esquire City Attorney's Office City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 AMENDED AND RESTATED EASEMENT AGREEMENT FOR INTRACOASTAL PARK RESTORATION ****** (This Amended and Restated Easement is amending the Easement Agreement for Intracoastal Park Restoration Recorded at Official Record Book 34018, Pages 88-93 of the Public Records of Palm Beach County solely to amend the legal description contained in Exhibit"A") ****** THIS AMENDED AND RESTATED EASEMENT AGREEMENT is made this day of , 2023 between the City of Boynton Beach, whose mailing address is 100 East Ocean Avenue, Boynton Beach, FL 33435 ("Grantor"), and Boynton Wildlife, LLC, a Florida limited liability company, whose mailing address is 2805 E Oakland Park Blvd Suite 437 Fort Lauderdale, FL 33306 (collectively referred to as "Grantee"), both being herein referred to collectively as the"parties,"for the sole purpose of providing access,maintenance, and restoration for the BOYNTON SUPPORTS WILDLIFE I Environmental Improvement Project ("Project"). 1. Grant of Easement. In consideration of the mutual benefits to be derived from the Project,the sufficiency of which is hereby acknowledged by the parties, the Grantor hereby grants, bargains, and conveys to the Grantee, its subcontractors, agents and employees, a non-exclusive access, maintenance, and restoration easement on, over, under, through and across the parcels described in Exhibit"A,"attached hereto and incorporated herein for the purpose of designing, constructing, and maintaining wildlife and environmental improvements to existing mangrove wetlands ("the Easement Premises") and a non-exclusive access easement on,over, under,through and across the parcels described in Exhibit "B," attached hereto and incorporated herein for the purpose of accessing the lands contained in Exhibit "A." This instrument is further subject to all easements, restrictions, covenants, conditions, limitations, and reservations of record, if any. 2. Grantee's Use. The Easement Premises may be used by Grantee, its subcontractors, agents, or employees solely for the purpose of designing, constructing, and maintaining wildlife and environmental improvements to existing mangrove wetlands and related neighboring existing conservated lands associated with the Project. In the event the Grantee's use of the Easement Premises, as defined herein, frustrates or interferes with the Grantor's conducting its business or the public's activities, the parties will work cooperatively to identify a solution or remedy for the Grantee's continued use in accordance with this Easement. . Any amendment to the Easement Premises pursuant to this paragraph shall be signed by both parties, and recorded in the Official Public Records of Palm Beach County. 3. Grantee's Obligations. Grantee shall obtain all permits and approvals required by all applicable governmental entities. Grantee shall maintain to its existing condition or planned conditions contemplated as part of the Project the Easement Premises and its immediate environs throughout the term of the Project. Any damage caused by Grantee or its agents or employees to the surface or sub-surface portion of the Easement Premises or any property of the Grantor or others located therein shall be repaired by the Grantee in a manner satisfactory to the Grantor. Grantee shall provide Grantor with ten(10) days prior written notification of Grantee's desire to enter onto the Easement Premises with machinery or for the purposes of commencing construction of the Project. In addition, the Grantee shall be obligated to pay 100% of the financial costs required for C&N Environmental,Inc.as well as other environmental consultants and engineers necessary to evaluate the sites and prepare plans for any required environmental improvement permits with the Army Corps of Engineers and Florida DEP. The Grantee shall also bear 100% of the financial costs of constructing the Project and 100%of the costs of the maintenance and monitoring requirements as imposed by the Army Corps of Engineers and Florida DEP for a period of at least five(5)years. 4. Grantor's Obligations. Grantor shall not commit any act that would interfere with or impede the rights granted to Grantee, its subcontractors, agents or employees under this Agreement. 5. Term. This Agreement shall be effective upon execution by both parties and shall continue until all requirements imposed by the Army Corps of Engineers and Florida DEP have been met and completed by the Grantee. The rights and Easement granted herein shall automatically terminate once the requirements imposed by the Army Corps of Engineers and Florida DEP have been met and completed by the Grantee. Either party may thereafter record a memorandum or notice of termination. 6. Subordination of Rights. The Easement hereby granted is subject and subordinate to Grantor's right to enter,work, and use the Easement Premises in addition to the rights of use by the public. 7. Insurance. Prior to the utilization of this Easement by the Grantee, Grantee shall maintain, at its sole cost and expense,all necessary insurance in such form and amount as required by Grantor's Risk Management Department which may include, but is not limited to, General Liability Insurance, in the amount of one million dollars ($1,000,000) per occurrence, general aggregate combined single limit for automobile liability, including premises and operation, as well as Products Completed/Operations Aggregate, and Personal Advertising Injury; and, all other insurance coverage reasonably required by the Grantor, including Workers' Compensation and Employers' Liability Insurance, Umbrella/Excess Liability Insurance, and Professional Liability when appropriate. Coverage shall not contain any endorsement(s)excluding Contractual Liability or Cross Liability. The Grantor shall be named as an additional insured on all insurance policies. The coverage shall contain no limitations on the scope of protection afforded the Grantor, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein must be maintained in order for Grantee to remain in compliance, and shall Page 2 of 8 be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the Grantor. 8. Indemnification. Grantee agrees to defend, indemnify, and hold the Grantor and its officers, employees, and agents harmless from and against any and all damages, liabilities, claims, actions, penalties, damages, settlements,judgments, costs and expenses, including court costs, reasonable attorney's fees, and paralegal expenses, at both the trial and appellate levels arising directly out of Grantee's work on the Project including, without limitation, losses arising directly out of or resulting from personal injury, death, damage to property, defects in materials or workmanship, or a claim that the Project violates any applicable statute, ordinance, administrative order, rule or regulation or decree of any court. The provisions of this section shall survive the completion or termination of this Easement. 10. Authority to Execute This Agreement. Any person executing this Agreement and representing Grantor hereby warrants and represents that he or she has received all governmental authorization necessary to bind Grantor to the terms of this Agreement. Any person executing this Agreement and representing Grantee hereby warrants and represents that he or she has received all authorization necessary to bind Grantee to the terms of this Agreement. 11. Prohibited Acts by Grantee. With the sole exception of the Easement Premises, Grantee, its agents and employees shall not enter on, over, under, through, or across any other portion of Grantor's property. Grantee shall promptly and at Grantee's expense repair or replace any unauthorized portion of Grantor's property damaged or destroyed and/or impairment thereto caused by Grantee during the course of Grantee's work. Grantee shall not plant or erect anything which shall unreasonably interfere with Grantor's use of any portion of Grantor's property unless permission is granted by Grantor in writing. Grantee shall promptly remove, any unauthorized materials resulting from Grantee's work on the Easement Premises for the Project. 12. Impending Damage. Nothing herein shall prevent Grantor from reasonably protecting its property and Easement Premises from impending damage or loss due to wind, seas, storms, or other forces of nature in the event that Grantee is unwilling or unable to undertake such actions for any reason including lack of funding. In the event, the National Hurricane Center issues a tropical storm warning or watch, or a hurricane warning or watch affecting the Easement Premises, the Grantee shall secure or remove all its property located in or on the Easement Premises. 13. Governing Law and Venue. Any action to enforce this Agreement shall be brought in Palm Beach County, Florida. This Agreement shall be governed by the laws of the State of Florida. 14. Modification. This instrument shall not be modified or terminated except by written agreement signed by Grantor and Grantee. 15. Binding Effect. The covenants contained in this instrument, including all benefits and burdens, are not personal, but shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, transferees, successors and assigns. Page 3 of 8 16. No Joint Venture. Nothing in this instrument shall be construed to make the parties hereto partners or joint venturers or render them liable for the debts or obligations of the other. 17. Recordation. This instrument shall be recorded in the Public Records of Palm Beach County, Florida. All fees associated with recording this instrument shall be borne by the Grantee. 18. Default. The terms of this Easement may be enforced by Grantor by injunctive relief and any other available remedies. By way of example, and not limitation, Grantor shall be entitled to enjoin any activity or use of the Easement Premises that is inconsistent with the rights granted to the Grantee pursuant hereto. If for any reason whatsoever Grantee shall default in the performance of any of the obligations to be performed by Grantee pursuant to this Agreement, Grantor shall give Grantee written notice of such default. The written notice shall specify the alleged default in reasonable detail necessary for Grantee to cure said default. Grantee shall then within fourteen (14) days from receipt of such written notice, shall respond to Grantor with a plan to take action to cure said default and shall subsequently cure said default within a reasonable period of time(not less than thirty(15)days and no more than sixty(60) days) from the date Grantee receives written notice. If Grantee shall fail to cure said default in accordance with the above, Grantor shall have the option to either(A) enforce this agreement by injunctive relief and other available remedies or (B)terminate this Easement upon(30) days' notice to the Grantee. Page 4 of 8 IN WITNESS WHEREOF, Grantor and Grantee have set hereto their hand and seals on the day and year first above set forth. Signed, Sealed, and Delivered GRANTOR: in the presence of: CITY OF BOYNTON BEACH,A FLORIDA MUNICIPAL CORPORATION • Witness TyP, Tammy L. Stanzione me—Typed or Printed 1 \ ♦ . Witn,s. JENNIFER HANKINS Name—Typed or Printed APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Office of the City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of r4iysical presence or o online notarization, this Jt day of,RrbGr2023 by Ty Penserga, as Mayor on behalf of the City of Boynton Beach, a Florida municipal corporation, and who is personally known to me or who produced as identification. Witness my hand and official seal this !Lel day • ' ��9• • 21 owl tti limo/ \\\��\‘`` pr JESUS///i/ `�� Q'�.. \Syph E.t'P�•. i� • p,RY2,24,FS Not. Pt .lic, State o lorida • 1961 LOQ.?O/arypuboc��a SN. n o � Printed Name: I`I 1 --\�z ,1.5 /*I�1118111111�� My Commission Expires: Notary Commission Number Page 5 of 8 GRANTEE: Boynton Wildlife, LLC By: Tricia Russel Authorized Representative By: Austen Bernstein Authorized Representative Page 6 of 8 EXHIBIT"A" LEGAL DESRIPTION OF EASEMENT PREMISES The lands described within the conservation easement recorded in both PBC Book 14396 Page 1695 and as per the original unamended Intracoastal Park Restoration Easement Agreement recorded in PBC Book 34018 Page 00085, along with an additional 0.13 acres to be added to the previously conservation easement whose new bounds are described by the legal description as follows: A PORTION OF LOTS 8 AND 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION IN SECTION 15, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 81, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER (SW' ) OF SAID SECTION 15; THENCE PROCEED S89°39'01"E ALONG THE NORTH LINE OF THE SOUTHWEST ONE QUARTER('/a) OF SAID SECTION 15,A DISTANCE OF 930.15 FEET TO THE EAST RIGHT OF WAY LINE OF STATE ROAD 5 (FEDERAL HIGHWAY)AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 93010-2501,SHEET 3 OF 7,LAST DATED JANUARY 1956;THENCE S07°46'43"W ALONG SAID EAST RIGHT OF WAY LINE, 1109.82 FEET TO THE SOUTH LINE OF SAID LOT 9;THENCE S89°50'05"E ALONG SAID SOUTH LINE OF SAID LOT 9, A DISTANCE OF 917.61 FEET TO A POINT; THENCE N00°09'55"E A DISTANCE OF 9.30 FEET TO THE POINT OF BEGINNING; THENCE PROCEED S85°56'24"W A DISTANCE OF 56.94 FEET; THENCE S89°57'10"W A DISTANCE OF 50.35 FEET; THENCE 86°58'20"W A DISTANCE OF 51.90 FEET; THENCE N05°14'00"W A DISTANCE OF 60.92 FEET; THENCE N19°23'05"E A DISTANCE OF 53.89 FEET; THENCE N45°00'00"E A DISTANCE OF 32.94 FEET; THENCE N59°03'52"E A DISTANCE OF 82.76 FEET;THENCE N74°41'39"E A DISTANCE OF 53.02 FEET;THENCE SO4°57'58"W A DISTANCE OF 39.02 FEET; THENCE S12°17'36"E A DISTANCE OF 48.38 FEET; THENCE S05°26'40"W A DISTANCE OF 5.99 FEET; THENCE S70°36'55"E A DISTANCE OF 19.96 FEET;THENCE S12°00'00"E A DISTANCE OF 33.93 FEET; THENCE S50°00'00"W A DISTANCE OF 12.97 FEET;THENCE S05°26'40"W A DISTANCE OF 30.94 FEET; THENCE S17°17'51"W A DISTANCE OF 18.92 FEET; THENCE S86°00'00"W A DISTANCE OF 12.54 FEET TO THE POINT OF BEGINNING. CONTAINING 27283.15 SQUARE FEET(0.626 ACRES) Page 7 of 8 EXHIBIT B EASEMENT PREMISES Lands located in Palm Beach County as identified by Parcel No. 08434515030000070 and described as: BROWN SAM JR SUB LTS 7 THRU 9 & TR OF SUBMRG LAND E OF LT 9 LYG BET HIGHWATER LI & CITY OF BOYNTON BEACH BULKHEAD LI IN TRS DEEDS 22410 & 22411 (LESS SR 5 R/W) EXCLUDING: The lands contained within the conservation easement recorded in PBC Book 14396 Page 1695 AND Any rights-of-way adjacent to lands described in EXHIBIT A within Boynton Beach, FL. Page 8 of 8 Prepared by, record and return recorded document to: South Florida Water Management District Regulation Division - MSC 9210 3301 Gun Club Road West Palm Beach, FL 33406 Permit: Application: Tract: AMENDMENT OF CONSERVATION EASEMENT This Amendment of Deed of Conservation Easement ("Amendment of Conservation Easement") is made this day of ,2023 by the SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("District") with its principal address being 3301 Gun Club Road, West Palm Beach, Florida 33406, and THE CITY OF BOYNTON BEACH, ("Grantor"),with its principal address being 100 E Ocean Ave., Boynton Beach, Florida 33435. WITNESSETH: WHEREAS, Grantor granted the District that certain Deed of Conservation Easement dated January 15, 2002,and recorded in Official Record Book 14396 at Page 1690 of the Public Records of Palm Beach County, Florida (the "Original Conservation Easement") encumbering the real property described on Exhibit"A" (the"Original Premises"); WHEREAS, Grantor is the fee simple owner of the lands described in Exhibit "B" (Additional Premises"). Grantor hereby grants to the District a perpetual conservation easement, as defined in Section 704.06, Florida Statutes, over the Additional Premises; WHEREAS, the Conservation Easement over the Additional Premises shall be subject to all the provisions and restrictions of the Conservation Easement encumbering the Original Premises; WHEREAS, Grantor requests that the District amend the Original Conservation Easement to allow Department of Environmental Protection ("DEP") approved site-specific revised mangrove planting and living shoreline creation in accordance with DEP Permit Number 50-0414705-003- SFI; and WHEREAS,the District agrees to the above request and the District agrees to amend the Original Conservation Easement to include the Additional Premises. NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto,the Grantor and the District hereby agree as follows: 1. RECITALS. The above recitals are true and correct and are hereby restated in their entirety. 2. ADDITIONAL PREMISES. The Additional Premises are hereby made a part of the Conservation Easement as if it were encumbered when the Conservation Easement was originally recorded in the public records, and the District agrees to accept the Additional Premises as part of the Original Premises encumbered by the Conservation Easement. 3. Paragraph 2.c. of the Conservation Easement,regarding prohibited activities,which states "Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan"is hereby amended to read "Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan and the approved site-specific mangrove planting and mitigation plan in accordance with Department of Environmental Protection's Permit Number 50-0414705-003-SFI" 4. COVENANT RUNNING WITH THE LAND. Except as expressly modified herein,the Conservation Easement shall remain in full force and effect as a covenant running with the land with respect to the Original Premises and Additional Premises. All references in the Conservation Easement to"Property" shall hereinafter mean and refer to the Original Premises and Additional Premises.All other terms and conditions of the Conservation Easement, as amended, shall remain unchanged. [EXECUTIONS BEGIN ON FOLLOWING PAGE] 2 IN WITNESS WHEREOF, Grantor has caused this Amendment of Conservation Easement to be executed effective as of the date and year first written above. SIGNED, SEALED AND DELIVERED IN GRANTOR: T PRES F: Name411111111111".' Name: By: i- . Ac` Av ii.�iL_: . AWilT-4 fa a— OP Name: Name: 1, - .rizinAe Title: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of[4hysical presence or [ ] online notarization this 11-1441 day of �ce,�nc�lyp(, 2023, b J3e/She is person known to rrie or produced as identification. GI I "- Print 1 a,' •• i Notary Public, State of Florida My Commission Expires: [NOTARIAL SEAL] \\ •\\ DE J E SSS sig A\..',S\ EXpi 'pN � •mow y'.Lora Bonded"�r� •• ,k Op••.'rP„G;,,,-,,`;;'.'G< ////,���1( U1111111\\\\\\\\ 3 IN WITNESS WHEREOF,District has caused this Amendment of Conservation Easement to be executed effective as of the date and year first written above. SIGNED, SEALED AND DELIVERED IN DISTRICT: THE PRESENCE OF: SOUTH FLORIDA WATER MANAGEMENT DISTRICT Name: By: Jesse Markle, P.E., South Florida Water Name: Management District Bureau Chief STATE OF FLORIDA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ] online notarization this day of , 202_, by Jesse Markle, P.E., Bureau Chief, Environmental Resource Bureau of the South Florida Water Management District, a government entity created by Chapter 373, Florida Statutes, who is personally known to me. Print Name: Notary Public, State of Florida My Commission Expires: [NOTARIAL SEAL] 4 JOINDER, CONSENT AND SUBORDINATION BY MORTGAGEE The undersigned, (the"Lender"or"Mortgagee"),the holder of a mortgage (the"Mortgage") encumbering the Additional Premises(the"Mortgaged Property") subject to the Amendment of Conservation Easement to which this joinder is attached (the "Amendment of Conservation Easement"), does hereby execute this joinder for the sole purpose of consenting to the recording of the Amendment of Conservation Easement, and hereby subordinates the lien of its Mortgage to the above Amendment of Conservation Easement and further consents to,joins in and agrees that the undersigned and its successors and assigns shall be bound by the above Amendment of Conservation Easement. By its execution hereof, Mortgagee does not make any representations or warranties with respect to any matters set forth in or pertaining to the Amendment of Conservation Easement, undertake any of the obligations or liabilities contained therein or agree that any of the terms of the Amendment of Conservation Easement amend or modify the loan documents secured by the Mortgaged Property. IN WITNESS OF THE FOREGOING,the Lender has set Lender's hand and seal the day of , 202_. WITNESSES: [ ] By: Print Name: Name: Title: Print Name: STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ] online notarization this day of , 202_, by , as of , a , on behalf of said entity. He is personally known to me or produced as identification. Print Name: Notary Public, State of My Commission Expires: [NOTARIAL SEAL] 5 EXHIBIT A Original Conservation Easement Premises Legal Description LAND DESCRIPTION: CONSERVATION EASEMENT A PORTION OF LOTS 8 AND 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION IN SECTION 15, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 81 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER (SW'/+)OF SAID SECTION 15; THENCE SOUTH S89°39'01"E ALONG THE NORTH LINE OF THE SOUTHWEST ONE QUARTER(' ) OF SAID SECTION 15,A DISTANCE OF 930.15 FEET TO THE EAST RIGHT OF WAY LINE OF STATE ROAD 5 (FEDERAL HIGHWAY)AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 93010-2501, SHEET 3 OF 7, LAST DATED JANUARY 1956; THENCE SOUTH 07°46'43"W ALONG SAID EAST RIGHT OF WAY LINE, 1109.82 FEET TO THE SOUTH LINE OF SAID LOT 9; THENCE S89°50'05"E ALONG SAID SOUTH LINE OF SAID LOT 9, A DISTANCE OF 917.61 FEET TO THE WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH;THENCE NORTH 00°06'15"EAST,ALONG SAID WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH, 12.12 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88°21'39"WEST, 67.82 FEET; THENCE NORTH 86°58'20"WEST,43.79 FEET;THENCE NORTH 74°32'53"WEST,35.45 FEET; THENCE NORTH 19°21'48" WEST,45.53 FEET; THENCE NORTH 19°23'05"EAST, 53.77 FEET; THENCE NORTH 44°52'21"EAST, 29.36 FEET; THENCE NORTH 82°27'41"EAST, 59.75 FEET; THENCE NORTH 00°27'07"WEST, 9.89 FEET; THENCE NORTH 18°21'04"EAST, 32.39 FEET; THENCE NORTH 74°41'39"EAST, 53.12 FEET TO THE WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH;THENCE FOLLOWING FIVE(5)COURSES ALONG SAID WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH; 1. SOUTH 04°56'07"WEST,42.47 FEET; 2. SOUTH 02°02'04"WEST,29.10 FEET; 3. SOUTH 08°33'39"EAST, 33.95 FEET; 4. SOUTH 01°08'30"EAST,42.26 FEET; 5. SOUTH 00°05'57"EAST, 39.92 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY, FLORIDA, CONTAINING 21,505 SQUARE FEET, 0.4937 ACRE,MORE OR LESS. 6 Exhibit B Amended Conservation Easement Legal Description The lands described within the conservation easement recorded in both PBC Book 14396 Page 1695 and as per the original unamended Intracoastal Park Restoration Easement Agreement recorded in PBC Book 34018 Page 00085, along with an additional 0.13 acres to be added to the previously conservation easement whose new bounds are described by the legal description as follows: A PORTION OF LOTS 8 AND 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION IN SECTION 15, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 81, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER (SW'/4) OF SAID SECTION 15; THENCE PROCEED S89°39'01"E ALONG THE NORTH LINE OF THE SOUTHWEST ONE QUARTER(I/4) OF SAID SECTION 15, A DISTANCE OF 930.15 FEET TO THE EAST RIGHT OF WAY LINE OF STATE ROAD 5 (FEDERAL HIGHWAY)AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 93010-2501, SHEET 3 OF 7, LAST DATED JANUARY 1956; THENCE S07°46'43"W ALONG SAID EAST RIGHT OF WAY LINE, 1109.82 FEET TO THE SOUTH LINE OF SAID LOT 9; THENCE S89°50'05"E ALONG SAID SOUTH LINE OF SAID LOT 9, A DISTANCE OF 917.61 FEET TO A POINT; THENCE N00°09'55"E A DISTANCE OF 9.30 FEET TO THE POINT OF BEGINNING; THENCE PROCEED S85°56'24"W A DISTANCE OF 56.94 FEET; THENCE S89°57'10"W A DISTANCE OF 50.35 FEET; THENCE 86°58'20"W A DISTANCE OF 51.90 FEET; THENCE N05°14'00"W A DISTANCE OF 60.92 FEET; THENCE N19°23'05"E A DISTANCE OF 53.89 FEET; THENCE N45°00'00"E A DISTANCE OF 32.94 FEET; THENCE N59°03'52"E A DISTANCE OF 82.76 FEET; THENCE N74°41'39"E A DISTANCE OF 53.02 FEET; THENCE SO4°57'58"W A DISTANCE OF 39.02 FEET; THENCE S12°17'36"E A DISTANCE OF 48.38 FEET; THENCE S05°26'40"W A DISTANCE OF 5.99 FEET; THENCE S70°36'55"E A DISTANCE OF 19.96 FEET; THENCE S12°00'00"E A DISTANCE OF 33.93 FEET; THENCE S50°00'00"W A DISTANCE OF 12.97 FEET; THENCE S05°26'40"W A DISTANCE OF 30.94 FEET; THENCE S 17°17'51"W A DISTANCE OF 18.92 FEET; THENCE S86°00'00"W A DISTANCE OF 12.54 FEET TO THE POINT OF BEGINNING. CONTAINING 27283.15 SQUARE FEET(0.626 ACRES) 7