R06-187
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1 RESOLUTION NO. R06-le7
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE
5 MAYOR AND CITY CLERK TO EXECUTE A RIGHT
6 OF WAY ACQUISITION AGREEMENT BETWEEN THE
7 CITY OF BOYNTON BEACH AND DELRAY-BOYNTON
8 ACADEMY, INC., TO PROVIDE THE CITY WITH
9 SUFFICIENT PROPERTY FOR THE CONSTRUCTION
10 OF ADDITIONAL RIGHT-OF-WAY TO SERVE
11 DELRAY-BOYNTON ACADEMY'S PROPERTY; AND
12 PROVIDING FOR AN EFFECTIVE DATE.
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14 WHEREAS, pursuant to Development Order dated January 23, 2004, the Delray-
15 Boynton Academy, Inc., was required to provide right-of-way to the City of Boynton Beach
16 along the north and east property lines to accommodate roadway improvements; and
17 WHEREAS, the required right-of-way and roadway improvements are necessary for
18 the health, safety and welfare of the public; and
19 WHEREAS, the City Commission upon recommendation of staff, deems it
20 appropriate to approve and authorize the Mayor and City Clerk to enter into the Right of Way
21 Acquisition Agreement between the City of Boynton Beach and the Delray-Boynton
22 Academy, Inc., a copy of which is attached hereto and made a part hereof as Exhibit "A".
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby approve and authorize the Mayor and City Clerk to enter into the Right of Way
S;\CA\RESO\Agreements\Delray Boynton Academy ROW.doc
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1 Acquisition Agreement between the City of Boynton Beach and the Delray-Boynton
2 Academy, Inc., a copy of which is attached hereto and made a part hereof as Exhibit "A".
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of November, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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RIGHT OF WAY ACQUISITION AGREEMENT
THIS IS AN AGREEMENT, dated the fi II, day of ~J\'''i
between:
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, , by and
THE CITY OF BOYNTON BEACH, a municipal corporation, organized and
operating under the laws of the State of Florida, with a business address of 100
East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter
referred to as "CITY";
and
DELRAY-BOYNTON ACADEMY, INC., authorized to do business in the State
of Florida, with a business address of 2030 S, Congress Avenue West Palm Beach,
FL 33406, hereinafterreferred to as "OWNER",
WITNESSETH
WHEREAS, OWNER owns a certain parcel of real property (hereinafter referred to as
the "Property"), more particularly described as follows:
See Legal Description attached hereto as Exhibit "A"
WHEREAS, on January 20. 2004. the Bovnton Beach Citv Commission approved Site
Plan Application Number COOS 03-008 for the Bovnton-Delrav Academv. subiect to the
OWNER providing sufficient propertv to the CITY for the construction of additional right-of-
wav to serve OWNER's propertv; and
WHEREAS. OWNER will grant a statutory warranty deed to the CITY in order to
permit CITY to install roadway, drainage, and other public improvements, (hereinafter referred
to as the "Improvements") within the Property in order
to provide for sufficient roadway
capacitv to serve the OWNER's property witliia the City; and
WHEREAS, once installed, the Improvements located within the Property will be
maintained by CITY, and, if necessary, further replaced by the CITY; and,
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the purposes and goals set forth above would be through the entering of this Agreement,
and the conveyance of a statutory warranty deed from the OWNER to the CITY; and
Page 1 of 13
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and no/100 ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1.0 The aforesaid recitals are true and correct and are incorporated herein.
2.0 Definitions. The following terms when used in this Agreement shall have the following
meanIngs:
2.1 CITY. City of Boynton Beach. CITY'S mailing address is 100 Boynton
Beach Boulevard, Boynton Beach, Florida 33435
2.2 CITY'S Attorney. James A. Cherof, Esquire, Goren, Cherof, Doody &
Ezrol, P.A., 3099 E. Commercial Boulevard, Suite 200, Fort Lauderdale, FL 33308;
Phone (954) 771-4500; Facsimile (954) 771-4923.
2.3 Closing. The delivery of the Statutory Warranty Deed to CITY.
2.4 Closing Date. The date of the Closing as determined in accordance with
Paragraph 10 below,
2.5 Deed. The Statutory Warranty Deed which conveys the Property from
OWNER to CITY.
2.6
to sign it.
Effective Date. The date that this Agreement is executed by the last party
2.7 Governmental Authority. Any federal, state, county, municipal or other
governmental department, entity, authority, commission, board, bureau, court, agency or
any instrumentality of any of them which has jurisdiction over the Property.
2.8 Governmental Requirement. Any law, enactment, statute, code,
ordinance, rule, regulation, judgment, decree, writ, injunction, franchise, permit,
certificate, license, authorization, agreement, or other direction or requirement of any
Governmental Authority now existing or hereafter enacted, adopted, promulgated,
entered, or issued applicable to the Property, or to any appurtenances, structure, use or
facility, on or adjacent to, the Property.
2.9 Property. That certain real property located in Boynton Beach, Florida,
and more particularly described in Exhibit "A" which is attached hereto, together with
all improvements, property rights, easements, privileges and appurtenances thereto which
may be assigned by the OWNER
2.10 Permitted Exceptions. Taxes for the year 2005 and subsequent years,
zoning, easements, covenants, reservations, restrictions and agreements of record.
Page 2 of 13
2.11 OWNER Delray-Boynton Academy, Inc., authorized to do business in
the State of Florida, with a business address of2030South Congress Ayenue, West Palm
Beach, FL 33406.
2,12 OWNER'S Attorney,
2.13 Title Commitment. A title insurance commitment issued by or written on
the Title Company, agreeing to issue the Title Policy to CITY upon payment of the
Purchase Price and recording ofthe Deed and execution and/or recording of other closing
documents.
2.14 Title Company, The title insurance company, licensed and authorized to
conduct business in the State of Florida, selected by CITY.
2.15 Title Policy, An ALTA Form B Owner's Title Insurance Policy in the
amount of the Purchase Price, insuring CITY'S title to the Property, subject only to the
Permitted Exceptions.
3.0 Statutory Warranty Deed. For good and valuable consideration, the receipt of which is
hereby acknowledged, and the promises and covenants contained herein, the OWNER
hereby agrees to transfer the Property to the CITY by Statutory Warranty Deed.
4,0 Evidence of Title. Within thirty (30) days following the Effective Date, CITY shall
obtain a Title Commitment, and shall deliver a copy of the Title Commitment to
OWNER'S attorney within ten (10) days of receipt. OWNER shall convey marketable
title to the Property, subject to the Permitted Exceptions. Marketable Title shall be
determined according to the Title Standards adopted by authority of the Florida Bar and
in accordance with law. CITY shall have ten (10) days from the date of receiving the
Title Commitment to examine it. If title is found defective, CITY shall, within fifteen
(15) days of the receipt of the Title Commitment, notify OWNER in writing of the
specific title defects, CITY shall have the option of either accepting the title in its
existing condition, or of terminating this Agreement by sending written notice of
termination to OWNER Dpon the termination of this Agreement, neither CITY nor
OWNER shall have any further rights or obligations hereunder except as provided in this
Agreement.
5.0 Survev. Within fifteen (15) days of the Effective Date, CITY may obtain at its
expense a survey (the "Survey") of the Property showing all improvements thereon
prepared by a land surveyor or engineer registered and licensed in the State of Florida.
The Survey shall show the legal description of the Property to be the same as Exhibit
"A", attached hereto. The CITY may require any reasonable revision to the legal
description so long as any such reyision does not result in OWNER being required to
convey any lands or rights other than those described to be within the Property described
on Exhibit "A" attached hereto. Any title objection must be delivered to OWNER's
attorney within fifteen (15) days of the Effective Date.
Page 3 of 13
6.0 OWNER'S Representations. OWNER hereby represents and warrants to CITY as of the
Effective Date and as ofthe Closing Date as follows:
6.1 OWNER'S Authority,OWNER has legal right and ability to sell the
Property pursuant to this Agreement. The execution and delivery of this Agreement by
OWNER and the consummation by OWNER of the transaction contemplated by this
Agreement is within OWNER'S capacity and all requisite action has been taken to make
this Agreement valid and binding on OWNER in accordance with its terms.
6.2 No Default. OWNER is not in default under any indenture, mortgage,
deed of trust, loan agreement, lease or other agreement to which OWNER is a party and
which affects any portion of the Property.
6.3 Title. OWNER is the owner of marketable title to the Property, free and
clear of all liens, encumbrances and restrictions of any kind, except the Permitted
Exceptions and encumbrances of records which will be released at Closing.
6.4 Litigation, OWNER discloses that there are no lawsuits pending or to
the knowledge of the OWNER threatened with respect to the Property or which could
affect OWNER'S ability to perform its obligations under this Agreement.
6.5 Parties in Possession, There are no parties other than OWNER in
possession of any portion of the Property as a lessee, tenant at sufferance, or trespasser.
6.6 CITY'S Remedies for OWNER'S Misrepresentations. In the event
that CITY becomes aware prior to Closing that any of OWNER'S warranties or
representations set forth in this Agreement are not materially true on the Effective Date or
any time thereafter but prior to Closing, and in the event OWNER is unable to render any
such representation or warranty true and correct as of the Closing Date, CITY may either:
(a) terminate this Agreement by written notice thereof to OWNER, in which event the
parties will be relieved of all further obligations hereunder; or (b) elect to close under this
Agreement notwithstanding the failure of such representation and warranty, in which
event the Closing shall be deemed a waiver by CITY of the failure of such representation
and warranty,
7.0 CITY'S Representations. The CITY hereby represents and warrants to the OWNER
as of the Effective Date and as of the Closing Date that CITY has full and complete
authority subject to compliance with Chapter 166, Florida Statutes, the City of Boynton
Beach Charter, and Code of Ordinances, to acquire the Property and to comply with the
terms of this Agreement, and the execution and delivery of this Agreement by CITY and
the consummation by CITY of the transaction hereby contemplated are within CITYs
capacity and all requisite action has been taken to make this Agreement valid and binding
on CITY in accordance with its terms,
8.0 Dse of Property/Conditions.
8.1 The Property shall be utilized by CITY for road right of way purposes including
the installation and maintenance of associated improvements.
Page 4 of 13
8.2 OWNER agrees to sign any applications and documents for any permits that the
OWNER may be required to submit to any local, state, or federal agency in association
with the installation and maintenance of the improvements.
8.3 Any work performed outside of the public road right-of-way shall be the
OWNER'S responsibility. For purposes of this Agreement, the term "public road right-
of-way" shall include the Property conveyed by OWNER to CITY pursuant to this
Agreement.
8.4 CITY shall ensure that all of the OWNER'S property disturbed by CITY in the
performance of the installation of the Improvements is returned to its original condition
by CITY as of the date CITY commenced such use, at the CITY'S own cost. This
includes any landscaping removed as part of the CITY'S installation of the
Improvements. In addition, CITY agrees to insure that drainage from OWNER'S
property will not be affected by the installation of the Improvements.
8.5 OWNER agrees to grant CITY a temporary construction easement over a portion
of OWNER'S property to be used by CITY, or its contractor during the construction of
the Improvements. CITY shall provide OWNER with a temporary construction easement
for execution no later than thirty (30) days prior to the commencement of construction
activities.
8,6 In the event that OWNER, its successors, and assigns desires to install or
construct additional structures on the OWNER'S existing and/or remaining property, the
CITY agrees that any measurements for building setbacks shall be based on the property
lines for OWNER'S property as they existed prior to the conveyance of the statutory
warranty deed to the CITY.
9.0 Conditions Precedent to Closing.
9.1 CITY'S Conditions. Each of the following events or occurrences (the
"Conditions Precedent") shall be a Condition Precedent to CITY'S obligation to close on
the Property. If the Conditions Precedent have not been satisfied on or before the
applicable Closing Dates, OWNER shall have ten (10) days within which to satisfy the
Conditions Precedent and should OWNER not have done so within said lO-day period,
CITY shall have the right to either: (a) terminate this Agreement by giving notice to
OWNER, whereupon CITY and OWNER shall be relieved of all further obligations
under this Agreement; or (b) waive the Conditions Precedent and close.
9.1.1 Reoresentations. The representations and warranties made by OWNER in
this Agreement shall be true and correct on the Closing Date subject to the lO-day
extension provided in Paragraph 9.1 aboye.
9.1.2 OWNER'S Obligations. OWNER shall have performed all
covenants, agreements, and obligations and complied with all conditions required
by this Agreement to be performed or complied with by OWNER prior to the
Closing Date.
Page 5 of 13
10.0 Closing.
10.1 The Closing shall occur within sixty (60) days from the Effective Date.
Once scheduled, the Closing shall commence at 10:00 AM at the law offices of the City Attorney
for the CITY.
11.0 OWNER'S Closing Documents. At closing, OWNER shall deliver the following documents
("OWNER'S Closing Documents") to CITY:
11.1 Statutorv Warranty Deed. The Statutory Warranty Deed shall be duly
executed and acknowledged by OWNER so as to convey to CITY good and marketable fee simple
title to the Property free and clear of all liens, encumbrances and other conditions of title, other than
the Permitted Exceptions.
11.2 Mechanic's Lien Affidavit. A mechanic's lien affidavit in the customary
form, attesting that (a) no individual, entity or Governmental Authority has any claim against the
Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental
Authority is either in possession of the Property or has a possessory interest or claim in the Property,
except as stated in Paragraph 6.6 above, and (c) no improvements to the Property have been made
for which payment has not been made.
11.3 Gap Affidavit. An affidavit in fOlm and content reasonably satisfactory to
the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the Title
Commitment any matters appearing between the effective date of the Title Commitment and the
effective date of the Title Policy.
11.4 FIRPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or
Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of
the Internal Revenue Code.
11.5 Form 1099-B. Such federal income tax reports respecting the sale of the
Property as are required by the Internal Revenue Code.
11.6 Public Disclosure Affidavit. An Affidavit III accordance with the
provisions of Section 286.23 Florida Statutes Public Disclosure Act.
12.0 CITY'S Closing Documents. At closing, CITY shall deliver the following documents
(CITY'S Closing Documents) to OWNER:
12.1 City Commission Approval. A certified copy of the Resolution, Minutes or
Agenda Action of the pertinent meeting of the City Commission showing that CITY has
been authorized to enter into and execute this Agreement and consummate the transaction
herein contemplated.
12.2 Closing Statement. A Closing Statement mutually acceptable to both CITY and
OWNER.
Page 6 of 13
13.0 Closing Procedure. The Closing shall proceed in the following manner:
13.1 OWNER shall deliver OWNER'S Closing Documents to the CITY.
13.2 CITY shall deliyer CITY'S Closing Documents to the OWNER
14.0 Closing Costs. Taxes. Assessments. and Impact Fees.
14.1 Ad Valorem Taxes. If applicable, OWNER shall comply with Section
196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the
year of closing into escrow with the Palm Beach County Revenue Collector.
14.2 CITY'S Closing Costs. CITY shall pay for the following items prior to or
at the time of Closing: Cost of proyiding marketable title as provided herein, including,
but not limited to lien searches, and cost for a title search/data; documentary stamps on
the Deed; Recording of Deed; owner's title insurance premium; survey costs, Phase I
Enyironmental assessment costs, if any.
14.3 Assessments. Certified, confirmed or ratified special assessment liens as of
the Effective Date of this Agreement are to be paid by the OWNER Pending liens as of the
Effective Date of this Agreement shall be assumed by the CITY.
14.4 Impact Fees. CITY agrees to assume at the applicable closing all obligations
relating to the Land, respectively, imposed by governmental authorities, including impact
fees.
15.0 Default. In addition to the other remedies which CITY may have specifically set
forth in this Agreement in the event of OWNER'S default, CITY shall be entitled to equitable relief
to enforce the terms and conditions of this Agreement either through a decree for specific
performance or injunctive relief.
16.0 Possession. CITY shall be granted full possession of the Property at Closing,
subject to the provision of Paragraph 6.6 above.
17.0 Condenmation. In the event of the institution of any proceedings by any
Goyernmental Authority, other than the City of Boynton Beach, which shall relate to the proposed
taking of any portion of the Property by eminent domain prior to Closing, or in the eyent of the
taking of any portion of the Property by eminent domain prior to Closing, OWNER shall promptly
notify CITY and CITY shall thereafter within fifteen (15) days after receipt by CITY of the notice
from OWNER either (1) terminate this Agreement, whereupon OWNER and CITY shall be
released of all further responsibility and obligations hereunder; or (2) proceed to close this
transaction. OWNER hereby agrees to furnish CITY with written notice of a proposed
condemnation within five (5) business days after OWNER'S receipt of notification. Should CITY
terminate this Agreement, the parties hereto shall be released from their respective obligations and
liabilities hereunder. Should CITY elect not to terminate, the parties hereto shall proceed to Closing
Page 7 of 13
and OWNER shall assign all of their right, title and interest in all awards in connection with such
taking to CITY.
18.0 Notice. Any notice, request, demand, instruction or other communication to be
given to either party hereunder, except where required to be delivered at the Closing, shall be in
writing and shall be hand delivered or sent by Federal Express or a comparable over-night mail
service, or mailed by D.S. Registered or Certified Mail, return receipt requested, postage prepaid, to
CITY, OWNER, CITY'S Attomeyand OWNER'S Attomey, at their respective addresses set forth
in Paragraph 1 of this Agreement or by facsimile transmittal with a receipt certifying delivery.
Notice shall be deemed to have been given upon receipt of said notice. The addressees and
addresses for the purpose of this paragraph may be changed by giving notice. Dnless and until such
written notice is received, the last addressee and address stated herein shall be deemed to continue
in effect for all purposes hereunder.
19.0 Assignment. The Contract shall not be assignable by either party.
20.0 Miscellaneous.
20.1 Counteroarts. This Agreement may be executed in any number of
counterparts, anyone and all of which shall constitute the contract of the parties. The
paragraph headings herein contained are for the purposes of identification only and shall not
be considered in construing this Agreement.
20.2 Amendment. No modification or amendment of this Agreement shall be of
any force or effect unless in writing executed by both OWNER and CITY.
20.3 Attorneys' Fees. If any party obtains a judgment against any other party by
reason of breach of this Agreement, attomeys' fees and costs shall be included in such
judgment.
20.4 Governing Law. This Agreement shall be interpreted in accordance with the
laws of the State of Florida, both substantive and remedial.
20.5 Entire Agreement. This Agreement sets forth the entire agreement between
OWNER and CITY relating to the Property and all subject matter herein and supersedes all
prior and contemporaneous negotiations, understandings and agreements, written or oral,
between the parties.
20.6 Computation of Dates. If any date computed in the manner herein set forth
falls on a legal holiday or non-business day or non-banking day, then such date shall be
extended to the first business day following said legal holiday or non-business day or non-
banking day.
20.7 Time is of the Essence. Time is of the essence and failure of the CITY to
exercise the option granted hereby on or before the Option Acceptance Date shall cause this
Agreement to terminate and be of no further force or effect. The provisions herein
Page 8 of 13
contained shall be strictly construed for the reason that both parties intend that all time
periods provided for in this Agreement shall be strictly adhered to.
20.8 No Recording. Neither this Agreement nor any notice or memorandum
hereof shall be recorded in the public records of any county in the State of Florida.
20.9 Right ofEntrv. OWNER hereby grants to CITY the right to enter upon the
Property during the term of this Agreement to inspect, investigate and conduct tests and
environmental audits on the Property and take whatever action CITY deems necessary or
desirable to determine the Property's suitability for CITY'S intended use. CITY shall
restore the Property to the condition existing prior to CITY conducting any tests on the
Property pursuant to this Paragraph 20.9. CITY shall, to the extent permitted by law, hold
OWNER harmless for any damage resulting from the failure of CITY or the agents,
contractors, employees and representatives of CITY to exercise reasonable care in the
conduct of such tests, inspections or examinations or, in the alternative, provide to OWNER
a Certificate of Insurance reflecting that the CITY shall insure OWNER to protect it from
any liability arising from the testing and investigation of the Property. CITY agrees to give
OWNER reasonable telephone notice and an opportunity to accompany CITY or its agents
when conducting reviews, inspections, or tests, as well as the contents of any documents or
studies conducted by OWNER and provided to CITY pursuant to this Agreement, except as
may be necessary in order to effectuate the closing of this transaction or upon lawful order
of a governmental authority. CITY agrees to provide, if requested, to OWNER copies of all
inspection reports, studies and test results. Any and all costs associated with the
reproduction of these reports, studies and test results shall be borne by OWNER CITY
shall timely pay for and hold OWNER harmless from liability for all tests, services,
inspections, audits and examinations performed on CITY'S behalf under this Paragraph 20.9
so that the Property does not become subject to any liens. CITY has no authority or right to
create liens upon the Property. If such a lien occurs, CITY shall remove same by a
statutorily permitted bond or otherwise within five (5) days of Notice from OWNER
20.10 Brokers. The parties represent unto each other that there are no real estate
brokers, salesmen, agents or finders involved in this transaction. OWNER shall indenmify
and hold harmless CITY from any claims by any brokers, salesmen, agents or finders
claiming by or under OWNER To the extent permitted by law, CITY shall indenmify and
hold harmless OWNER from any claims for any commissions by any brokers, salesmen,
agents or finders claiming by or under CITY.
20.11 Acceotance of Deed. The acceptance of the Deed by CITY shall be deemed
full performance and discharge of every agreement and obligation on the part of OWNER to
be performed pursuant to this Agreement, except those which are specifically stated to
survive deliyery of the Deed and closing.
20.12 Interoretation. Should any term or provision of this Agreement be subject to
judicial interpretation, it is agreed by OWNER and CITY that the court interpreting or
construing the same shall not apply a presumption that the term or provision shall be more
strictly construed against the party who itself or through its agents and attomeys of each
Page 9 of 13
party haye participated in the preparation of the terms and provisions of this Agreement and
that all terms and provisions have been negotiated.
20.13 Captions. Headings. Etc. Captions, headings, section and subsection
numbers in this Agreement are for convenience and reference only, and shall have no effect
upon the meaning of any of the terms or provision herein.
20.14 Waiver. Failure of either party to insist upon compliance with any term or
provision hereof shall not constitute a waiyer thereof, and no waiver of any term or
provision of this Agreement shall be effective unless it is in writing and signed by the party
against whom it is asserted. Any waiyer of any term or provision of this Agreement shall
only be applicable to the specific term or provision and instance to which it is related, and
shall not be deemed to be a continuing or future waiver as to such term or provision or as to
any other term or provision.
20.15 No Third party Beneficiarv. The terms and provisions of this Agreement are
for the exclusive benefit of OWNER and CITY, and not for the benefit of any third party,
and this Agreement shall not be deemed to have conferred any rights, express or implied,
upon any third party.
20.16 Survival. The obligations of the CITY and the OWNER shall survive
the execution and delivery of this Agreement.
20.17 Additional Documents. The PARTIES hereby agree from time to time to
execute and deliver such further documents and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intentions of this
Agreement.
20.18 Representations OWNER hereby represents to CITY, with full
knowledge that CITY is relying upon these representations when entering into this
Agreement with OWNER, that OWNER'S interest in the Property is subject only to the
interest held by the first mortgagee, and that no other person, entity, or other mortgagee has
any interest in said Property.
20.19 Legal Representation. It is acknowledged that each party to this Agreement
had the opportunity to be represented by counsel in the preparation of this Agreement, and
accordingly, the rule that a contract shall be interpreted strictly against the party preparing
same shall not apply due to the joint contribution of both PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have made and executed this Agreement
on the respective dates under each signature: the CITY through its City Commissioners, signed by
and through its Mayor, authorized to execute same by City Commission action on the _ day of
, 2005, and OWNER, by and through the undersigned officers duly
authorized to execute same.
CITY
Page 10 of 13
CITY OF BOYNTON BEACH, FLORIDA
BY MYy~
OWNER
WITNESSES:
DELRAY-BOYNTON A
a Florida corporation
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STATE OF
COUNTY OF
BEFORE ME, an officer duly auth)rized by law to administer oaths and take
acknowledgments, personally appeared , (;) ~ Devvid (7(-.e01-1 ,
who is personally known to me or who has providedF'L.1 D-::ij:; (; c."fo LJ::2~ '11I4. as
identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes
mentioned in it and is duly authorized to execute the foregoing Agreement on behalf ofDELRAY-
BOYNTON ACADEMY
IN WITNESS OF THE FOWGOING, I have set my hand and official seal at in the
State and County aforesaid on this ~ 1/... day of M Wj , 2995 'ZoO b
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~;';,~",. Eliu S. Cueto
- 'P'v, \ <.<> _ Commission #DD323835
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NOTARY PUBLIC
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Page 11 of 13
My Commission Expires:
Print or Type Name
OWNER
WITNESSES:
a Florida
Limited Partnership
BY:
Print Name
Print Name
Print Name
STATE OF
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared
who is personally known to me or who has provided as
identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes
mentioned in it and is duly authorized to execute the foregoing Agreement on behalf of
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this day of , 2005.
NOTARY PUBLIC
My Commission Expires:
Print or Type Name
DNTnms
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Page 12 of 13
EXHIBIT "A"
LEGAL DESCRIPTION
Page 13 of 13
LEGAL DESCRIPTION:
Description:
A portion of Block "B" and the 5.00 foot Aliey to the South thereof. MEEKS ANO ANDREWS
ADDiTION TO BOYNTON. according the plat thereof. os recorJed in Plat Book 5, Page 84 of the
Public Records of Palm Beach County, Florida, and a portion of Lot 2, Block 1, "E" ROBERTS
ADDITION TO BOYNTON. according the piat thereof, as recorded in Plot Book 1. Poge 123 of the
Public Records of Palm Beach, Florida, being more particulariy described as follows:
Commencing at the Southwest Corner of Lot 4, Block 1 of "E" ROBERTS ADDITION TO BOYNTON.
according the plat thereof, as recorded in Plot Book 1. Pag< 123 of the Public Records of Palm
Beach, Florida; thence East, along the South Line of Lots 4: 3 and 2 of said Block 1, a distance
of 104.06 feet to the POINT OF BEGINNING of this description; thence continue East, along the
South Line of said Lot 2, 0 distance of 5.77 feet; thence North 07"47'02" Eost, along the West
Right-of-Way line of Roilrood Avenue, as currently laid out and in use, a distance of 25.03 feet
to 0 point hereinafter referred to as Point "A"; thence South 20'16'33" West. 0 distance of
26.43 feet to 0 point on sold South Line of Lot 2 and the POINT OF BEGINNING of this
description.
TOGETHER WITH:
Beginning at Point "A"; thence North 07"47'02" East, along the West Right-of-Way line of Railroad
Avenue. os currently laid out and in use, 0 distance of 97.15 feet the POINT OF BEGINNING of this
description; thence North 37"12'58" West, a distance of 16.97 feet; thence North 07"47'02" East, 0
distance of 39.97 feet; thence North 52"47'02" Eost, a distance of 12.37 feet; thence North 06'
49'18" East, 0 distance of 87.27 feet; thence North 22'39'15" West, a distance of 19.06 feet;
thence West, 0 distonce of 113.89 feet; thence North 03'09'23" East, a distance of 9.01 feet to 0
point on the North Line of said Block "B"; thence East, along the North Line of said Block "B", 0
distance of 129.13 feet to a point of intersection with the West Right-of-Way line of said Railrood
Avenue, as currently laid out and in use; thence South Or47'02" West, along said West line of
Railroad Avenue, 0 distance of 175.45 feet to the POINT OF BEGINNING of this description.
Said lands situate, lying and being in Palm Beach County, Florida.
legols/031197
CERTIFICA TE:
I HEREBY CERTIFY "THAT THE ATTACHED SKETCH OF LEGAL OF THE
DESCRIBED PROPERTY IS TRUE AND CORRECT TO "THE BEST OF
~y KNOWLEDGE ~, ~c AS SURVEYED UNDER MY DIRECTION.
SURVEYOR'S NOTES: ffjf'r 04-11-05
1 ALL BEARTNGS OR ANGLES SHOWN HEREON ARE BASED ON
RECORD PLAT UNLESS OTHERWISE NOTED. MIC AEL G. PURMORT PAUL A. DAVIS
2. TIiIS SURVEY IS NOT VAUD 'MTIiOUT TIiE SURVEYOR'S S1GNAlURE P.L.S. #2720 GR P,L.S. #4531
AND EMBOSSED SEAL STAlE OF FLORIDA. STATE OF FLORIDA.
INC.
ATE
SCALE:
DRAWN BY:
DATE:
JOB NO:
F.B./PG.
FILE
E
DA VIS
& PURMORT,
1" = 60'
N.L.R.
04-11-05
03-1197
N/A
LB NOO07219
Land Surveyors 0 Land Development 0 Consultants 0 Planners
843 SOUTHEAST 8th AVENUE- DEERFIELD BEACH, FL 33441
Phone: (954) 421-9101 & (954) 696-9101 fox: (954)698-9722
Subdivisions de Condominiums Land de Site Planning
Lot SUl'Ve)'!!I . Mortgage Surveys. Acreage Surveys. Topographic SUfVe)'9. Record Plots 0 Condominium Plats 0 Construction Layout SHEET NO.
OF 2
SKETCH OF LEGAL
LEGEND:
P.D.C. = POINT Of COMMENCEMENT
P.O.B. - POINT OF BEGINNING
R/W ... RIGHT-Of-WAY
REF. PT. = REFERENCE POINT
<t ~ CENTERUNE
00'
N.E. 11th AVENUE
-<t (20' RfW)
"-
O'
ID
",'
w",
Qu
<0
::;;...J
wID
'"
ASSUMED BEARING
BASIS
N03'09'23"E 9.01'
PARCEL "A"
EAST 129.13'
W&
WEST 113.89
PROPOSED
R/W-TAKIN
N22'39'15"W 19.06'
PORTION OF
BLOCK "B"
PORTION OF
BLOCK "B"
MEEKS AND ANDREWS ADDITION
TO BOYNTON
(P.B. 5. PG. 84)
PARCEL .C"
SOUTH LINE
BLOCK "8"
N07'47'02"E 39.97'
5' R/W
PER
(P.B. 5. PG. B4)
E. ROBERTS ADDITION
TO BOYNTON
(P.B. 1, PG. 123)
LOT 4
BLOCK 1
LOT 3
BLOCK 1
LOT 5
BLOCK 1
P.O.C.
S.W. CORNE
LOT 4
PROPOSED
R/W-TAKIN
SOUTH LINE
BLOCK "1"
!l
'<(
10::
I~
B'
I
N'''U~ ~
~J
~f~!
M.E. lllttl AVE.
~
II
BO'lNTONIlEAaiIlLWl..
(Sll:8D4)-
LOCATION MAP
NOT TO SCALE
GRAPHIC SCALE
6~
30
I
60
I
-~I
~: f ~I
0, i!: f I
i fi? f~
I~
~ {'<(
li~
.rf;
1~~/':r' I
:::E~...J '"
il! m/R I
:t
.....
o
2/
( IN FEET )
1 inch = 60 ft.
1 = EAST; 5.77'
2= N07"47'02"E; 25.03'
3= S20"16'33"W; 26.43'
LB HO007219
Land Surveyors.. Land Development"Consultants .. Planners
843 SOUTHEAST 8th AVENUE- DEERFtElD BEACH, FL 33441
Phone: (954) 421-9101 &: (954) 69B-9101 fax: (954)698-9722
Subdivisions & Condominiums Land & Sit.e Planning
lot SUMI)'ll .. Mort9age Surveys .. Acreage Surreys .. Topographic Surveys.. Record Plots.. Condominium Plats.. Construction layout
EAST 104.06 I I
~-
-<t- (SO' R/wl I "1.
- -
10' TAKING N.E. 10th AVENUE
DAVIS &- PURMORT, INC.
DATE
SCALE:
DRAWN BY:
DATE:
JOB NO:
F.B./PG.
FILE
SHEET NO. 2
1" = 60'
N.L.R.
04-11-05
03-1197
N/A
OF 2