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85-QQQA RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR THE LANDINGS, IN SECTION 3Q, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN THE OFFICIAL RECORDS OF PALM BEACH COUNTY WHEREAS, all fees have been paid including the adminis- tration fee of $15,820.00 and the filing fee of $150.00, and, WHEREAS, a performance bond has been posted for the cost of the required improvements in the amount of $1,582,000.00, and, WHEREAS, a bond has been posted in the amount of 110% of the recreational impact fee of $207,787.05. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: That the plat is hereby resolved to have received final plat approval by the City Council in the City of Boynton Beach, Florida, with all conditions previously agreed upon and subject subdivision is hereby affirmed a~d adopted. PASSED AND ADOPTED THIS /~day of_~~~/~ ,1985 ATTEST: (COrp Seal) CITY OF BOYNTON BEACH Vic~ Mayor / C O-~n~l -.Member Council Me. er f6 unc~i 1 Member F .O DA, L DZNSS, SECT O T.O mSH , aS 'SOUTH, RANGE 43 EAST, AS RECORDED IN THE OFFICIAL WHEREAS, all fees have been paid including the adminis- \ tration fee of $15\~820.00 and t..he filling fee of $150.00, and, WHEREAS, a~perfo'~mance bond has ~en posted for the cost of the required ~mProvements in the a~ount of $1,582,000.00 and, wHEREAs,.a b~nd..~s been.-posted in the amount of 110% of the recreational impa~t fee of $207,787.05. NOW, THEREFORE~BE /~D I~ IS Hw..REBY RESOLVEB BY THE CITY COUNCIL OF THE ClTX OF.BOYNTON BEACh, FLORIDA: final plat approval by the Cit ouncil in the City of Boynton Beach, Florida with all . , conditi6.ns previously agreed Upon and subject subdivision is hereby af ed and adopted. ATTEST: {Corp Seal) CITY OF BO~NTON BEACH C o .u.~n~l Membe~ Council Me~r X ~Ufidi 1 Member \~ RECREATIONAL AND PARKS IMPACT FEE This is an Agreement between the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "CITY", and THE LANDINGS APARTMENTS, LTD., a Florida Limited Partnership, hereinafter referred to as "DEVELOPER". WHEREAS, the CITY Code requires that plats of residential land shall be designed to provide for the recreational needs of the future residence of the platted area; and WHEREAS, the DEVELOPER seeks to satisfy this requirement with respect ~o the PLAT OF THE LANDINGS, by entering into this recreational impact agreement for the payment of an amount of money to be utilized to meet the recreational needs of the future~ residence of the platted area; and WHEREAS, a description of the platted area is attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, the amount of the Recreational Fee, the method of payment of such money and the provisions for its utilizat~ prescribed herein are appropriate to the circumstances of~ specific development proposed for the platted area; NO~% THEREFORE, IN CONSIDERATION of the promises and payments hereinafter DEVELOPER agree as follows: mutual terms, conditions,~ set forth, the CITY and~ The DEVELOPER shall pay to the CITY the amount of $188,897.32, which shall be due upon the application of the first building permit on the platted area ~y DEVELOPER. The money paid by the DEVELOPER pursuant to t~is Agreement shall be used to provide recreatioha~I~ facilities to serve person residing in new residential developments in the City of Boynton Beach. The DEVELOPER recognizes and agrees that, even if such money is not directly utilized to meet the recreational needs of the future reside~is~of the platted area, the use of such m?ne¥ as prescribed herein .will indirectly benefit ~ch development by making other funds available~O~ directly meet those needs. -~ -1- The CITY agrees that this Agreement satisfies the requirement of CITY that plats of residential land shall be designed to provide for the recreational needs of the future residence of the platted area. (a) This Agreement shall be recorded in the Official Records of Palm Beach County and a lien is hereby imposed by the CITY against all of the real property situated within the platted area for the amount of money that the DEVELOPER has agreed to pay pursuant hereto. Such lien shall continue from the date of this Agreement until full paid, discharged, released or barred by law. (b) In the event that the amount of money or any portion thereof the DEVELOPER has agreed to pay pursuant hereto becomes due and payable as provided herein and continues unpaid f~r thirty (30) days or more thereafter, the entire unpaid balance of such amount, plus costs and interest accrued from the due date at a rate of ten (10%) percent per annum, shall become immediately due and payable and may be recovered by the CITY against the DEVELOPER in a civil action, or the lien created hereby, plus such costs and interest, may be foreclosed or otherwise enforced by the CITY by action or suit in equity as for the foreclosure of a mortgage on real property. (c) That as further security for the payment of the sums due hereunder, DEVELOPER shall deliver at the time of the execution of this Agreement, a payment bond issued by Employers Insurance of Wausau, a Mutual Company, in a form and in such amount which are acceptable to' CITY guaranteeing the payments due hereunder. In the event of default hereunder, CITY agrees to look first to the bond and then, if necessary, seek payment from the DEVELOPER in a civil action or foreclose the lien created hereby. (d) When the lien Created hereby has been fully paid or discharged, the CITY shall promptly cause evidence of such satisfaction and discharge to be entered in the Official Records of Palm Beach County. At the request of the DEVELOPER and payment of an appropriate amount as determined by CITY, CITY may grant the DEVELOPER a partial release of the lien created hereby. --2-- The DEVELOPER agrees to execute any and all other instruments or documents as may be required to effectuate the requirements of the Boynton Beach Code and this Agreement. CITY shall not issue a building permit for the construction of a residential dwelling unit in the platted area until CITY receives payment as provided herein. IN WITNESS' WHEREOF, the CITY and DEVELOPER have made and executed this Agreement on the respective dates under each signature: CITY CITY OF BOYNTON BEACH DATED: BEFORE ME personally appeared Nick Cassandra, Mayor, known to me to be the person described in and who executed the foregoing Agreement and acknowledged to me that he executed the same for the purposes therein expressed. DEVELOPER THE LANDINGS APARTMENTS, LTD. a Florida Limited Partnership BY: ALAN LIE~E~AN, Partner DATED: --3-- BEFORE ME personally appeared ALAN LIEBERMAN~ known to me to be a Partner of THE LANDINGS APARTMENTS, LTD., a Florida Limited Partnership, described in the foregoing Agreement, and he acknowledged to me that he executed the same for said Partnership. NOTARY PUBLIC My Commission expires: -4- A PARCEL OF LAND LYING IN THE PALM BEACH FARMS COMPANY PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 5, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE NORTH 00° 51' 37" WEST, ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 40.00 FEET; THENCE SOUTH 88° 22' 15" WEST, ALONG A LINE 40.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 30, A DISTANCE OF 495.08 FEET; THENCE NORTH O1° 20' 08" WEST, ALONG THE EAST BOUNDARY OF LAKES OF TARA P.U.D. UNIT l, RECORDED IN PLAT BOOK 46, PAGES 102 AND 103, SAID PUBLIC RECORDS, A DISTANCE OF 774.00 FEET; THENCE NORTH O1° 41' 36" WEST, RADIAL TO THE NEXT DESCRIBED CURVE, A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING (P.O.B.); THENCE EASTERLY ALONG SAID CURVE (BEING THE NORTH RIGHT OF WAY LINE OF SOUTHWEST CONGRESS BOULEVARD AS SHOWN ON SAID LAKES OF TARA UNIT 1), BEING CONCAVE NORTHERLY, HAVING A RADIUS OF 1869.86 FEET, THROUGH A CENTRAL ANGLE OF 06° 39' 49", A DISTANCE OF 217.47 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE IN THE SAID NORTH RIGHT OF WAY LINE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1949.86 FEET; THENCE EASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06° 35' 37", A DISTANCE OF 224.39 FEE~; THENCE NORTH O0° 51' 37" WEST, ALONG A LINE lO.O FEET WEST OF THE WEST RIGHT OF WAY LINE OF'CONGRESS AVENUE AND BEING 60.00 FEET WEST OF THE SAID EAST LINE OF SECTION 30, A DISTANCE OF 1044.87 FEET; THENCE SOUTH 88° 13' 58" WEST, A DISTANCE OF 2205.28 FEET; THENCE SOUTH O0° 33' 17" EAST, A DISTANCE OF 981.94 FEET; THENCE NORTH 88° 22' 15" EAST, A DISTANCE OF 370.24 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 480.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28° 12' 19", A DISTANCE OF 236.29 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 400.00 FEET; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30° 41' 46" A DISTANCE OF 214.30 FEET; THENCE NORTH 85° 52' 48" EAST, TANGENT TO T~E PREVIOUS CURVE A DISTANCE OF 251.52 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVI~NG A RADIUS OF 400.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13° 38' 39", A DISTANCE OF 95.25 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 480.00 FEET; THENCE EASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19° 09' 56", A DISTANCE OF 160.57 FEET; THENCE SOUTH 88° 35' 55" EAST, TANGENT TO THE PREVIOUS CURVE AND ALONG THE WESTERLY PROLONGATION OF THE SAID NORTH RIGHT OF WAY LINE OF SOUTHWEST CONGRESS BOUL'EVARD, A DISTANCE 0F.158.09 FEET; THENCE CONTINUE SOUTH 88° 35' 55" EAST., ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 304.03 FEET TO THE POINT OF BEGINNING (P.O.B.) CON~AINING 52.888 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD. EXHiBiT :'A"