R09-038
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1 RESOLUTION R09- c 38
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING EXECUTION BY
6 THE MAYOR AND CITY CLERK OF A BOYNTON
7 VILLAGE PARK CONVEYANCE AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND
9 1950 CONGRESS AVENUE, LLC., TO SATISFY THE
10 PARK LAND DEDICATION REQUIREMENT; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, on December 12, 2004, via Resolution 04-211, the City Commission
14 exercised the option of requiring the dedication of land in lieu of collecting a recreation
15 I impact fee when considering the Boynton Village SMU project; and
16 WHEREAS, the Conveyance Agreement, in part, defines the area to be conveyed
17 which is the property located on the north side of Old Boynton Road, west of the L WDD
18 E-4 Canal; and
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it
20 in the best interest of its residents and citizens to approve the Boynton Village Park
21 Conveyance Agreement.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
25 as being true and correct and are hereby made a specific part of this Resolution upon
26 adoption hereof.
27 Section 2. The City Commission of the City of Boynton Beach, Florida does
28 ereby authorize and approve execution by the Mayor and City Clerk of the Boynton
29 illage Park Conveyance Agreement between the City of Boynton Beach and 1950
:\CA\RESO\Agreements\Boynton Village Park Conveyance Agreement.doc
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1 Congress Avenue, LLC., to satisfy the park land dedication requirement, a copy of which
2 Subordination is attached hereto as Exhibit "A".
3 Section 3. This Resolution will become effective immediately upon passage.
4 PASSED AND ADOPTED this 1l day of February, 2009.
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6 CITY OF BOYNTON BEACH, FLORIDA
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21 Commissioner - Marlene Ross
22 ATTEST:
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26 M. Prainito, CMC
27 Clerk
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:\CA\RESO\Agreements\Boynton Village Park Conveyance Agreement.doc
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Ro~- 038
BOYNTON VILLAGE PARK CONVEYANCE AGREEMENT
This Boynton Village Park Conveyance Agreement (hereinafter referred to as
"Agreement") is made and entered into on~oQnl1/1 ~ ~ 3 ,2009, by and among 1950
CONGRESS AVENUE, LLC, a Florida limited liability company, whose address IS 5858
Central Avenue, St. Petersburg, Florida 33707 (hereinafter referred to as "1950"), and THE
CITY OF BOYNTON BEACH, Florida, a municipal corporation of the State of Florida, having
its offices at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter
referred to as "CITY").
RECIT ALS
WHEREAS, 1950 applied for and received government approvals to develop the
Boynton Village Project (hereinafter referred to as the "Project"); and
WHEREAS, the property comprising the Project was included in the plat entitled
"Boynton Town Center, A P.C.D.", which was recorded in Plat Book 106, Pages 144-151 of the
public records of Palm Beach County, Florida (the "Plat"); and
WHEREAS, the property platted as SMU Parcels 1, 2, 3 and 4 within the Project has
been approved by the CITY for residential development; and
WHEREAS, pursuant to Part III, Chapter 1, Article V, Section 3 of the City of Boynton
Beach Land Development Regulations, the developers of the residential developments within the
Project are required to pay park and recreation facilties impact fees ("Park Impact Fees") to the
CITY as part of the building permit approval process; and
WHEREAS, 1950 proposed a park land donation to the CITY in lieu of paying Park
Impact Fees, as contemplated by Part III, Chapter 1, Article V, Section 3.1, Boynton Beach Land
Development Regulations; and
WHEREAS, the CITY adopted Resolution No. R04-211 on December 7, 2004, requiring
a donation ofland in lieu of paying Park Impact Fees for the Project; and
WHEREAS, a park site has been platted as the SMU-PARK PARCEL on the Plat; and
WHEREAS, the platted park parcel is 4.995 acres, which includes a forty foot (40') wide
pedestrian easement along the east side of the parcel; and
WHEREAS, the park donation does not include the forty foot (40') wide pedestrian
easement; and
WHEREAS, excluding the pedestrian easement, the park parcel to be conveyed by 1950
to the CITY will be 4.723 acres (hereinafter referred to as the "Park Land"); and
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Page 1 of 14 HJV3ij NOINAOJ .:10 All3
WHEREAS, the legal description of the Park Land is included as Exhibit "A", which is
attached hereto and incorporated herein by reference; and
WHEREAS, a 2.528 acre portion of the Park Land is included in the SMU open space
required acreage for the Project; therefore the 2.528 acre portion of the Park Land conveyance is
not eligible for Park Impact Fees credit; and
WHEREAS, the total acreage of the Park Land conveyance that is available to be
donated in lieu of Park Impact Fees is 2.195 acres; and
WHEREAS, Resolution No. R04-211 required the donation of land equal in value to
Park Impact Fees of $789,000, which was the amount of Park Impact Fees that was projected to
be owed by the Project based on the impact fee rates at the time of adoption of the resolution;
and
WHEREAS, an appraisal of the Park Land as of April 30, 2008, has been prepared by
Zillah Tarkoe Associates, Inc. and submitted to the CITY; and
WHEREAS, according to the appraisal, the appraised value of the Park Land is Eight
Hundred Ninety Nine Thousand, Eight Hundred Fifty One and 78/100 Dollars ($899,851.78) per
acre; and
WHEREAS, based upon the appraised value, the value of the 2.195 acre portion of the
Park Land that is available to be conveyed in lieu of the payment of Park Impact Fees is
$1,975,174.66; and
WHEREAS, upon conveyance of the Park Land, 1950 shall immediately be granted a
Park Impact Fee credit of $789,000; and
WHEREAS, the CITY agrees that the donation of the Park Land will offset any Park
Impact Fees owed by the Project up to the amount of$I,975,174.66; and
WHEREAS, should the Park Impact Fees owed by the Project exceed $789,000, the
CITY agrees that additional credit will immediately be established for the additional amount of
Park Impact Fees owed, up to a total amount of credit of$I,975,174.66.
WHEREAS, 1950 desires to assign all or a part of 1950's credit for the donation of the
Park Land to one or more of the residential developers within the Project in order to offset the
requirement that the individual residential developers pay Park Impact Fees to the CITY; and
WHEREAS, an irrigation line runs generally along the north side of the Park Land that
connects the irrigation pumps located within the forty foot pedestrian easement situated to the
east of the Park Land with the remainder of the Project irrigation system located to the west of
the Park Land; and
Page 2 of 14
WHEREAS, 1950 and the property owner's association will retain a twelve foot
easement for this irrigation line, with the legal description of this easement included as Exhibit
"B"; and
WHEREAS, this Agreement will specify the establishment, assignment and utilization of
the Park Impact Fee Credit, the terms of the conveyance and the SMU open space calculation
applicability for the portion of the Park Land that is not the donation in lieu of Park Impact Fees.
NOW THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties
hereby resolve and agree as follows:
1. RECITALS
The recitals set forth above are true and correct and form a part of this Agreement.
2. P ARK LAND CONVEYANCE AND IRRIGA nON EASEMENT
A. No later than ninety (90) days following the City's execution of this Agreement,
1950 shall convey the Park Land to the CITY by special warranty deed. The legal description of
the Park Land to be conveyed to the CITY is contained in Exhibit "A" to this Agreement, which
is attached hereto and incorporated herein by reference.
B. The conveyance shall be subject to the 1950 retaining a twelve foot (12') wide
irrigation line easement. The legal description of the irrigation line easement is contained in
Exhibit "B" to this Agreement, which is attached hereto and incorporated herein by reference.
C. The form of the special warranty deed, including Permitted Exceptions and the
easement for the irrigation line, (hereinafter referred to as the "Deed") is attached hereto as
Exhibit "C".
D. INSPECTIONS.
(1) The CITY shall have forty five (45) days from the Effective Date of this
Agreement to perform an inspection of the Park Land (hereinafter referred to as the
"Inspection Period). CITY shall, during the Inspection Period, determine (a) whether the
Park Land is satisfactory for CITY's purposes, and (b) whether the Park Land has
adequate services available and that all federal, state, county and local laws, rules and
regulations have been and are currently being complied with relative to the Park Land.
(2) During the Inspection Period, it shall be the responsibility of the CITY to
determine that utility services including, water, waste water, electric, telephone and all
other utilities are available in the proper size and capacity to serve the Park Land. At all
times during the Inspection Period, CITY and its agents shall be provided with reasonable
access during normal business hours to the Park Land for purposes of on-site inspections.
The scope of the inspections shall be determined by the CITY as deemed appropriate
Page 3 of 14
under the circumstances. In the event that any inspections and any review of documents
conducted by the CITY relative to the Park Land during the Inspection Period prove
unsatisfactory to the CITY, at its sole discretion, CITY shall be entitled to terminate this
Agreement by providing written notice by mail, overnight delivery service, or by
facsimile to 1950 and/or 1950's counsel, at any time prior to 5:00 p.m. Florida time on
that date which is the second business day next following the expiration of the Inspection
Period. In the event that CITY fails to provide a timely notice of termination, this
Agreement shall not terminate and the CITY and 1950 shall proceed to Closing as set
forth herein. CITY does hereby agree to hold 1950 harmless during inspections
conducted on the Park Land.
(3) During the Inspection Period, 1950 shall provide to CITY reasonable
access to any appraisals, environmental reports (Phase I and Phase II, if any), surveys,
abstracts and title policies and all other studies 1950 may have in its possession or is
subject to its actual control relating to the Park Land and 1950 shall, without additional
consideration paid by 1950 or the CITY, consent to an assignment of such items to CITY,
to the extent assignable, and shall provide true and correct copies of all leases in effect
with respect to the Park Land .
(4) CITY's right to inspect and enter onto the Park Land during the Inspection
Period is expressly conditioned upon CITY's covenant to protect 1950 from the filing of
any liens against the Park Land, and the CITY's indemnification of 1950 for any and all
claims, costs, liabilities and expenses arising out of the CITY's actions on the Park Land.
In the event that any claims of lien are filed against the Park Land as a result of work
performed or requested by CITY, the CITY shall either pay the sum claimed by the lienor
or bond such claim of lien in the manner permitted by law within five (5) business days
after CITY receives written notice of the existence of the lien.
(5) Except as otherwise provided herein, all inspections shall be conducted
and completed during the Inspection Period.
E. 1950'S REPRESENTATIONS. To induce CITY to enter into this Agreement,
1950 makes the following representations, all of which, to the best of its actual knowledge, in all
material respects and except as otherwise provided in this Agreement (i) are now true, and (ii)
shall be true on the date the special warranty deed is provided to the CITY (the "Closing"):
(1) At all times prior to Closing, 1950 shall keep the Park Land free and clear
of any construction, mechanic's or materialmen's liens for work or materials furnished to
or contracted for, by or on behalf of 1950 prior to the Closing.
(2) 1950 has no actual knowledge of pending or contemplated condemnation
proceedings affecting the Park Land or any part thereof.
(3) 1950 has no actual knowledge nor has 1950 received any notice of any
litigation, claim, action or proceeding, actual or threatened, against 1950 or the Park Land
by any organization, person, individual or governmental agency or other entity which
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would affect the use, occupancy or value of the Park Land or any part thereof or which
would otherwise relate to the Park Land.
(4) Except as may be provided in the Permitted Exceptions identified in
Exhibit "C", no individual, general or limited partnership, limited liability partnership or
company, corporation, trust, estate, real estate investment trust, association or any other
entity has or is entitled to possession of any part of the Park Land
(5) No tenant or other occupant, no licensor or franchisor and no other person,
firm, corporation, or other entity has any right or option to acquire the Park Land or any
portion thereof. CITY has the exclusive right to acquire the Park Land and, for so long as
this Agreement remains in full force and effect, 1950 shall not engage in any negotiations
with or solicit offers from any other party relating to the sale of the Park Land.
(6) 1950 is not a party to any unrecorded contracts, restrictions, easements,
leases, option contracts, rights of first refusal or contracts with respect to the Park Land,
nor shall 1950 enter into any of the foregoing with respect to the Park Land from and
after the date of execution of this Agreement without the written consent of CITY.
(7) To the best of 1950's knowledge, 1950 has not received any written
notice claiming that the Park Land or any method of operation of the Park Land is in
violation of any applicable law, ordinance, code, rule, order, regulation or requirement of
any governmental authority, the requirements of any local board of fire underwriters (or
other body exercising similar functions) and 1950 further represents that the Park Land
shall be delivered free of any such violation at Closing.
(8) 1950 shall maintain all existing insurance coverage in full force and effect
through Closing and shall pay all required premiums and other charges.
(9) Between the Effective Date and Closing, 1950 shall operate and maintain
the Park Land and shall cause the Park Land to be operated and maintained in a manner
generally consistent with past practices and in a manner fully compliant with applicable
law and 1950 shall reasonably endeavor to prevent the introduction of any Hazardous
Materials onto the Park Land and 1950 shall reasonably endeavor to prevent the release
of any Hazardous Materials onto the Park Land, and the CITY shall have and is hereby
granted the right to enter upon the Park Land to confirm the compliance of 1950 with the
foregoing duties and obligations. As used herein, the term "Hazardous Materials" means
(i) those substances included within the definitions of "hazardous substances,"
"hazardous materials," "toxic substances" or "solid waste" in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9960 et
seq., the Resource Conservation and Recovery Act of 1976,42 U.S.C. 96901 et seq., the
Hazardous Materials Transportation Act, 49 U.S. C. 91801 et seq., or the Clean Water
Act, 33 U.S.c. 91321 et seq., as amended, and in the regulations promulgated pursuant
thereto; (ii) those substances listed in the United States Department of Transportation
Table (49 CFR 9172.101) or by the Environmental Protection Agency as "hazardous
substances," "hazardous materials," "toxic substances" or "solid waste", (iii) such other
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substances, materials and wastes which are regulated, or classified as hazardous or toxic,
under applicable local, state or federal laws, ordinances or regulations; and any material,
waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable
explosives or radioactive materials.
(10) 1950 has full power and authority to enter into this Agreement and to
assume and perform its obligations hereunder.
(11) 1950 warrants that it will not, between the Effective Date and the Closing,
without CITY's prior written consent, create by its consent any encumbrances on the Park
Land. For purposes of this provision, the term "encumbrances" shall mean any liens,
claims, options, or other encumbrances, encroachments, rights of way or leases.
(12) All of the representations, warranties, and covenants of 1950 contained in
this Agreement or in any other document delivered to CITY in connection with the
transaction contemplated herein shall be true and correct in all material respects and not
in default at the time of Closing, just as though they were made on the date of Closing.
(13) 1950 shall indemnify, hold harmless and defend CITY against all claims,
demands, losses, liabilities, actual and reasonable costs and expenses, including
reasonable attorney's fees, imposed upon or accruing against CITY as a result of the
representations contained in this section being incorrect.
(14) All warranties, representations, covenants, terms and conditions herein
contained shall survive the delivery and recording of the deed for a period of nine (9)
months.
F. CITY'S REPRESENT A nONS. To induce 1950 to enter into this Agreement,
CITY makes the following representations, all of which, to the best of its actual knowledge, in
all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii)
shall be true on the date of the Closing:
(1) The CITY has full power and authority to enter into this Agreement and to
assume and perform its obligations hereunder.
(2) The CITY's representations and acknowledgments contained in Paragraph
4, SMU OPEN SPACE AND OTHER REQUIREMENTS, below shall remain in full
force and effect for a period of fifty (50) years from the effective date of this Agreement.
G. EVIDENCE OF TITLE.
(1) Title to the Park Land. 1950 shall convey the Park Land, including all
easements and restrictions of record with the exception of the encroachment(s), if any, to
CITY at Closing by delivery of the Special Warranty Deed. 1950 shall provide to CITY,
during the Inspection Period, a title insurance commitment issued by a title insurance
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underwriter insuring CITY's title to the Park Land at an amount equal to the value of the
Park Impact Fee Credit, as provided in this Agreement. The costs and expenses relative to
the issuance of a title commitment and an owner's title policy shall be borne by 1950.
(2) CITY shall have fifteen (15) days from the date of receiving the title
commitment to examine said commitment. If CITY objects to any exception to title as
shown in the title commitment, CITY shall, within fifteen (15) days of receipt of said
commitment, notify 1950 in writing specifying the specific exceptiones) to which it
objects. Within ten (10) days after 1950's receipt of the City's title objection notice,
1950 will provide written notice of its decision to either (i) agree to cure and remove such
title objection within thirty (30) days after receipt of the title objection notice or (ii)
refuse to cure and remove such title objection. If 1950 refuses to cure such objection, the
City can either (i) waive such objection and proceed to closing on this transaction and
such objection shall be deemed a Permitted Title Exception hereunder or (ii) terminate
this Agreement. If 1950 elects to cure such title objection(s), then within ten (10) days
after the expiration of 1950's time to cure any objection, 1950 shall send to CITY a notice
in writing (the "Cure Notice") stating either (i) that the objection has been cured and, in
such case, enclosing evidence of such cure, or (ii) that 1950 is unable to cure such
objection despite the good faith efforts of 1950 to effectuate the cure. If 1950 is unable to
cure all objections within the time period set forth in the preceding sentence despite the
good faith efforts of 1950, then CITY may (i) terminate this Agreement by written notice
to 1950 within fifteen (15) days after receipt of a Cure Notice specifying an uncured
objection; or (ii) subject to the provisions set forth below, proceed to close the transaction
contemplated herein despite the uncured objection. Notwithstanding anything to the
contrary herein, if any of the objections (i) consist of delinquent taxes, mortgages, deeds
of trust, security agreements, construction or mechanics' liens, tax liens or other liens or
charges in a fixed sum or capable of computation as a fixed sum, and (ii) were caused,
assumed, created or permitted to be created by 1950, then, to that extent, 1950 shall be
obligated to pay and discharge any such objections and Escrow Agent is authorized to
pay and discharge at Closing such objections.
(3) Survey and Legal Description. During the Inspection Period, 1950 shall
provide to CITY: (i) a current survey ("current" is defined to be certified within ninety
(90) days of the Effective Date), prepared by a registered land surveyor or engineer
licensed in the State of Florida showing the boundaries of the Park Land, and the location
of any easements and other matters as reflected on Schedule B II of the title commitment
thereon and certifying the number of acres (to the nearest one thousandth acre) of land
contained in the Park Land, all buildings, improvements and encroachments; and (ii) a
correct legal description of the Park Land which, upon approval thereof by CITY and
1950 (not to be unreasonably withheld, conditioned or delayed), shall be the legal
description used in the Deed. The survey shall be certified to 1950, CITY and the title
insurance company issuing the title insurance.
(4) In the event the survey shows any material encroachments, strips, gores, or
any portion of the land non contiguous to any other portion of the Park Land or any other
matter materially affecting the intended use of the Park Land or marketability of title to
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the Park Land (any such matter is herein called a "Survey Objection" and treated as a title
defect), CITY shall have a period of thirty (30) days after receipt of the survey within
which to approve or disapprove any survey objection and to give notice to 1950 of any
disapproval thereof indicating in reasonable detail the nature and reasons for CITY's
objection. In the event CITY provides a notice of disapproval of a survey objection to
1950, the rights and obligations of the parties respecting such objections shall be
governed by Section 2.F.(2) hereof such that the parties shall have the same rights and
objections as though such survey objection objected to was a new exception to title which
was discovered and objected to within the contemplation of Section 2.F.(2).
(5) RISK OF LOSS. Risk of loss or damage from fire, other casualty, or both,
is assumed by 1950 until the Deed is delivered by 1950 to CITY. In the event any
portion of the Park Land is destroyed by fire or other casualty then the following shall
apply:
a) If the damage, as determined by the insurance adjuster, is not more
than Five Hundred Thousand ($500,000.00) Dollars: (i) CITY shall
proceed to close the transaction contemplated herein and all insurance
proceeds relating to the improvements damaged by such casualty shall
be paid to the CITY, and (ii) 1950 shall pay to CITY on the Closing
Date the full amount of any deductible under 1950'S fire and extended
coverage insurance policy applicable to said damage; or
b) If the damage, as determined by the insurance adjuster, is more than
Five Hundred Thousand ($500,000.00) Dollars, CITY shall have the
option to (i) proceed to close the transaction contemplated herein and
collect all available insurance proceeds relating to the improvements
damaged by such casualty, in which case 1950 shall pay to CITY on the
Closing Date the full amount of any deductible under 1950'S fire and
extended coverage insurance policy, or (ii) terminate this Agreement and
receive a refund of the Earnest Money and interest earned thereon. 1950
warrants that it shall maintain until the Closing Date adequate "All Risk"
property insurance.
(6) TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth in
this Agreement, the Park Land shall be conveyed subject only to the Permitted
Exceptions as indicated in Exhibit C, water lines, sanitary sewer, drainage, gas
distribution, electrical and telephone easements of record. It shall be the sole and
exclusive responsibility of the CITY to relocate any utilities and any such relocation costs
and expenses shall be borne by the CITY. CITY shall, in the event of any relocation of
the utilities, provide to the City or the appropriate service provider, easements for the
relocated utilities.
H. CLOSING COSTS. Upon Closing all expenses incurred which shall include the
obtainment of title insurance and documentary stamps to be affixed to the Deed and the
recording of the Deed shall be borne by 1950.
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3. PARK IMPACT FEE CREDIT ESTABLISHMENT AND UTILIZATION
Upon conveyance of the Park Land to the CITY, the CITY agrees to establish a park
impact fee credit in the amount of Seven Hundred Eighty Nine Thousand Dollars ($789,000) for
the benefit of 1950, its successors and assigns (hereinafter referred to as the "Park Impact Fee
Credit"). The parties agree that the Park Impact Fee Credit is to be applied against the CITY
Park Impact Fees requirement for residential development within the Project. Should the Park
Impact Fees for the Project exceed $789,000, the CITY agrees to immediately increase the Park
Impact Fee Credit to an amount necessary to offset the Park Impact Fees owed by the Project, up
to a total amount of credit of $1 ,975,174.66.
The CITY hereby authorizes 1950 to allocate, subject to the City's consent, which shall
not be unreasonably withheld, conditioned or delayed, from time to time, all or a portion of the
Park Impact Fee Credit to one or more owners of the residential parcels within the Project. Such
transfer shall be made through the issuance of Special Assignment Letters by 1950, which shall
be substantially in the form attached hereto as Exhibit "D". Prior to providing for such transfer,
1950 shall forward to the City Manager the proposed Special Assignment Letter. No later than
fifteen (15) days following the receipt of the proposed Special Assignment Letter, the CITY shall
provide its comments and/or approval of the transfer of the portion of the Park Impact Fee Credit
to 1950. Any failure to respond within said fifteen (15) day period shall be deemed an automatic
approval.
The CITY agrees to honor the Special Assignment Letter if it is presented with an
application for a residential building permit for the construction of residential units within the
Project, and shall credit the applicant the otherwise payable Park Impact Fees up to the amount
provided for in the Special Assignment Letter. Park Impact Fees shall be credited by the CITY,
as provided for above, on a first come, first served basis, until such time as the total Park Impact
Fee Credit, including any future increases as provided for above, has been depleted.
The CITY shall require payment of any current Park Impact Fees by any applicant for a
residential building permit for the construction of residential units within the Project that has not
presented a Special Allocation Letter, or by any applicant whose Special Allocation Letter credit
limit has been exceeded. The City shall notify 1950 if an applicant pays the Park Impact Fee
while there are credits available. In the event that an applicant pays any current Park Impact
Fees that are associated with residential units to be constructed within the Project, the CITY shall
forward to 1950 an amount equal to the Park Impact Fees collected by the CITY. In the event
that there are still Park Impact Fee Credits remaining, the CITY agrees that it will forward the
payment to 1950, and deduct the amount of the payment from the remaining Park Impact Fee
Credit. Any Park Impact Fee Credit not specifically assigned in accordance with the above
process shall remain vested with 1950, its successors and assigns. Except as provided in this
paragraph, the CITY shall not have any obligation to refund or forward any portion of the unused
Park Impact Fee Credits to 1950, its successors and assigns.
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4. SMU OPEN SPACE AND OTHER REQUIREMENTS
The CITY acknowledges that the Park Land is included in the Project, which has a
current land use designation of MX-S and is zoned SMU pursuant to the CITY's current zoning
map designations. The SMU zoning regulations require that the Project comply with certain
open space requirements. Pursuant to the relevant land development regulations, the 2.528 acre
portion of the Park Land that was not eligible for Park Impact Fee Credit, was, upon Project
approval, and is to continue to be included in the required open space for the Project.
The CITY also acknowledges that the eastern forty feet (40') (0.272 acres) of the platted
SMU-P ARK PARCEL that is subject to the pedestrian easement, is not included in the Park
Land conveyance to the CITY. The forty foot (40') pedestrian easement was, upon Project
approval, and is to continue to be included as part of the required open space for the Project.
With these two parcels included as required open space, the CITY found that the Project
complied with the SMU open space requirements when the City approved the Project. The
CITY acknowledges that 1950's conveyance of the Park Land to the CITY shall not cause the
Project to be deemed non-conforming with regard to open space or density requirements, or any
other requirement where the Park Land acreage was included in the Project acreage for purposes
of calculating compliance with the requirement. The CITY acknowledges that as a result of
1950's conveyance of the Park Land to the CITY, the Project complies with the CITY's in lieu
of Park Impact Fees requirement, and continues to comply with the CITY's open space and
density requirements.
In the future, the CITY may change the land use designation and zoning of the Park
Land. The CITY agrees and acknowledges that even if the CITY changes the land use and
zoning designations on the Park Land, the 2.528 acres shall continue to be counted toward the
SMU required open space for the Project and shall continue to be counted as part of the Project
acreage for purposes of Project density calculations and the calculation of all other SMU
requirements that are calculated based on project size and the Project shall not become non-
conforming by virtue of any CITY action to change the zoning designation of the Park Land.
5. DEF AUL T. If either party defaults in the performance of any of the requirements of this
Agreement, and the defaulting party fails to remedy such default within thirty (30) days after
written notice by the other party of such default(s) (the "Default Notice"), the non-defaulting
party shall have, as one of its remedies for such default the option to pursue an action against the
defaulting party for specific performance of this Agreement.
6. NOTICE
All notices or other communications required or permitted under this Agreement shall be
in writing and shall be addressed as follows:
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As to 1950: 1950 Congress A venue LLC
c/o Sembler Family Partnership #35, Ltd.
5858 Central Avenue
St. Petersburg, Fl. 33707
Attn: Craig Sher
w/copy to: The Sembler Company
1540 South Johnson Ferry Road
Suite 100
Atlanta, Georgia 30319
Attn: Jeffery Fuqua
w/copy to: The Sembler Company
1540 South Johnson Ferry Road
Suite 100
Atlanta, Georgia 30319
Attn: Mike Hagan
w/copy to: Corbett and White, P .A.
1111 Hypoluxo Road
Suite 207
Lantana, Fl. 33462
Attn: John Corbett, Esquire
If to City: City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Attn: Kurt Bressner, City Manager
with copy to: James Cherof, City Attorney
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
7. APPLICABLE LAW
Any litigation arising or relating to this Agreement shall be governed by the laws of the
State of Florida and venue in any such proceeding shall be exclusively in Palm Beach County,
Florida.
8. SUBSEQUENT MODIFICATION
This Agreement may not be modified or terminated except by written agreement signed
by all the parties.
Page 11 of 14
9. BINDING AGREEMENT
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their
heirs, assigns and successors in interest.
10. SEVERABILITY
Inapplicability or unenforceability of any provision of this Agreement shall not limit or
impair the operation or validity of any other provision of this Agreement.
11. COUNTERP ARTS
This Agreement may be executed in one or more counterparts, each of which shall be an
original, but together such counterparts shall constitute only one instrument.
12. EFFECTIVE DATE
The Effective Date of this Agreement shall be the date the CITY executes the Agreement.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement among the parties
hereto.
[SIGNATURES COMMENCE ON FOLLOWING PAGEl
Page 12 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Special Allocation Agreement
on the date set forth above.
1950 CONGRESS A VENUE, LLC, a
Florida limited liability company
By: Sembler Family Partnership #35, Ltd., a
Florida limited partnership, its Manager
./"
By: Sembler Retail, Inc. a Florida corporati
its General Partner
(SEAL)
By:
Date:
STATE OF GEORGIA )
) ss
COUNTY OF DEKALB )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared Jeffrey S. Fuqua, Vice President of Sembler Retail, Inc.,
a Florida corporation, as General Partner of Sembler Family Partnership #35, Ltd.., as manager
of 1950 Congress Avenue, LLC, a Florida limited liability company, who is personally known to
me or who has produced as identification, and acknowledged executing the foregoing Agreement
as the proper official of Sembler Retail, Inc., a Florida corporation, as General Partner of
Sembler Family Partnership #35, Ltd.., as manager of 1950 Congress Avenue, LLC, a Florida
limited liability company for the use and purposes mentioned therein and that the instrument is
the act and deed of Sembler Retail, Inc., a Florida corporation, as General Partner of Sembler
Family Partnership #35, Ltd.., as manager of 1950 Congress Avenue, LLC, a Florida limited
liability company.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this ~ day of Jo.(\\Aar~ ,2009.
~ . ~,,\U\tI""ltlil -..,
...~,"'\...\.f:. Y. Xoi/"~
~ *:~;i.~\SS'o.v~.~Q%
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~,."" JAN ~. ::
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Page 13 of 14
CITY OF BOYNTON BEACH
a Florida municipal corporation
Approved as to Form:
~~ (SEAL)
Office of the City Attorney
STATE OF FLORIDA )
) ss
COUNTY OF PALM BEACH )
':f1
BEFORE ME, the undersigned, this );3 day of. ~, , 2009, personally
appeared Jerry Taylor, Mayor and Janet Prainito, City Clerk of the City Boynton Beach.
( ) personally known ~~9~
Notary Pu c, State of Florida
\\\" ""/ S 1 . D K h
~~'.s-~.Y.'!~;';~ tepaame.. 31 n
~~'A'~~c "~f\r,,,- +
=. . '. : Om11ji"'''n '""j' <7' /';!,
:.~:. .:i= ~ .~C _"V".~: ~. -,.~(' J:-,_
~"'i"" .;:,~.~ ExplJ'cs: ;Vl.i\{ "':'J 201.9
;",,9.~I~\\\\ WWW.AAROIiNOlARY.com
January 15, 2009
Page 14 of 14
EXHIBIT "A"
LEGAL DESCRIPTION OF PARK LAND
"'I~ _,
i
,
DESCRIPTION:
SMU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 106, PAGES 144 THROUGH 151 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, LESS AND EXCEPTING THE EASTERLY 40.00 FEET THEREOF.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 205,750 SQUARE FEET/4.723 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF
RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR
OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO A BEARING OF N.89'48'57"E ALONG THE NORTH LINE
OF SMU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
6. RUE - DENOTES ROAD AND UTILITY EASEMENT
7. LAE - DENOTES LIMITED ACCESS EASEMENT
I 8. LBE - DENOTES LANDSCAPE BUFFER EASEMENT
9. O.R.B. - DENOTES OFFICIAL RECORD BOOK
10. 6. - DENOTES CENTRAL ANGLE
11. R - DENOTES RADIUS
12. L - DENOTES ARC LENGTH
CERTlFICA TE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION ON SEMPTEMBER 15, 2008. I FURTHER CERTIFY THAT THIS SKETCH OF
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED
BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027.
/1 SHEET 1 OF 2
CAULFIELD ex WHEELER, INC. 12V DATE 9/15/08
@~ CIVIL ENGINEERING - LAND PLANNING f'
LANDSCAPE ARCHITECTURE - SURVEYING
, ~ ~ 730lA W. PALMETTO PARK ROAD - SUITE 100A j \., DRAWN BY JC
I BOCA RATON, FLORIDA 33433 F.B./ PG. N/A
PHONE (561)-392-1991 / FAX (561)-750-1452 DAVID P. LINDLEY
..
...:."IE' REGISTERED LAND
A PORTION OF SURVEYOR NO. 5005 SCALE AS SHOWN
, S;..IU-?ARK PARCEL. BOYNTON TOWN CENTER. A P.C.D STATE OF FLORIDA
SKETCH OF DESCRIPTION L.B. 3591 JOB NO. 4874PARK
-.-.
PeN; 08,- 1/3 - t/f)-~D --B-q -0110 - 0000
DESCRIPTION:
SMU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 106, PAGES 144 THROUGH 151 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY. FLORIDA, LESS AND EXCEPllNG THE EASTERLY 4-0.00 FEET THEREOF.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 205,750 SQUARE FEET/4.723 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICllONS, RESERVAllONS, COVENANTS, AND RIGHTS-OF-WAY OF
RECORD.
I NOTES:
I
1. REPRODUCT10NS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED
I SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS. OWNERSHIP, OR
OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELAT1VE TO A BEARING OF N.89'48'57wE ALONG THE NORTH LINE
OF SMU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D
4. THE wLAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
6. RUE - DENOTES ROAD AND UllLlTY EASEMENT
i 7. LAE - DENOTES LIMITED ACCESS EASEMENT
I 8. LBE - DENOTES LANDSCAPE BUFFER EASEMENT
I 9. O.R.B. - DENOTES OFFICIAL RECORD BOOK
10. t. - DENOTES CENTRAL ANGLE
! 11. R - DENOTES RADIUS
12. L - DENOTES ARC LENGTH
CERTlFlCA TE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION ON SEMPTEMBER 15, 2008. I FURTHER CERTIFY THAT THIS SKETCH OF
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED
BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027.
,
/1 SHEET 1 OF 2
CAULFIELD a WHEELER, INC. t/i/ DATE 9/15/08
@@ CIVIL ENGINEERING - LAND PLANNING l
LANDSCAPE ARCHITECTURE - SURVEYING
: ~ ~ 730lA W. PALMETTO PARK ROAD - SUITE 100A I\., DRAWN BY JC
BOCA RATON. FLORIDA 33433 I" F.B./ PG. N/A
__ PHONE (561)-392-1991 / FAX (561)-750-1452 DAVID P. LINDLEY
- -- REGISTERED LAND
. .
-- SURVEYOR NO. 5005 SCALE AS SHOWN
A PORTION OF
3:tlU-?ARK PARCEl, BOYNTON TOWN CENlER. A P.C.D STATE OF FLORIDA
SJ(~TCH OF' DFSC'..RIPTlON L.B. 3591 JOB NO. 4R74PARK
LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 ) E. LINE OF SMU - PARK PARCEL
180' CANAL RIGHT-OF-WAY (PLAT BOOK 39, PAGES 133-134 I
.- SOO'41 '03"E 295.41'
7- S89'48'57"W S89'48'57"W -S.E. CORNER OF
40' PEDESTRIAN EASEMENTJ 4000' NOT INCLUDED 40.00 SMU - PARK PARCEL
L _ _ _ _ _ _ _ _ _ _ ~ . S00"41'03-E 295.41'
N.E. CORNER OF I "I L
SMU - PARK PARCEL I ~
I ~
<(
I Q..
I Co ~
~ IN<(
W .Q..
~ I~I
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~ (f)........
~____ I lJ... ........ -;- 1'0
<(~ I 0 0;;; N
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<( W4l( W
1m f ZO~W w'-'
::t: - '-' '-' ~ <(
~ '-' . II r ~ D:: <( <( (f) Q..
~z N " . Q..Q.. -
~ ~ ~ A PORTION OF III !p (f) ~ r-:- .,f ~ t
OwN SMU - PARK PARCEL ~ I ~ t; ~ N F= ~
we" (PLAT BOOK 106, PAGES 144-151) I m ~ g ~ ~ 0
z Ilco OmO wO
:J I (/) m 0 >m
II I-m I-
z III 9:51- :5
o~:5 Q..
15' LBE+11 ~ '--"
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CV~ ) l-
t;;' 0 " ,... I r 0:::::
fff ~~ ~ II N78"45'~9'W 0
q << ~ 1 I I 20.19 :z
/ !C' w .
~.$5 ~ ~~ 1118
,~&" La./a.. Illei 0
-J 0 !P ~ N 0
~ co I- (f)~IIIN....
~ ,. ~ <:8
'N"?' en ~ w..... I I 1 ::t:
~ co wro ...IN r ~ 0 L&J
Z (f)..- a.. . I II" IW It) ...J
<~ ~~ ~ OON <
W a:: I II. <(~l[J 0
(f) W d ~ W<(I' (J)~
~ ~ '--" I II m mQ..w ~
o Q.. "", zZ'-' 0 01:::
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~ . (I) I- F= Q.. J: :g:
:g 1 I I z <( . 0.-
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(f)C/J ))) r O(f)N 0 e:::
o ..- ... m I- N It) C)
~ . _.. lJ...lJ...N
o CIl / / I ~~ 0:J .
8 d [E. LINE OF 10' RUE / / I!"JN ~(o ~ 0
..- '--" I I;:;" - ~ d 0
-::J.. - c:. -:::. -:::. =- == =- r:::... <: oJO ~ '--" ....
-:::- . N
~= 1 a- 34'11- NOO" 1 11.9,3 ~
R=646.sq' 62.-'U
- _ _ _ _ ___-'1- - L=209.53 S B W '0
- - - -N.W. CORNER OF ENNS~CE COMMO~ ~ \ ~
SMU PARK PARCEL R SP\NE ROAD tAA SHEET 2 OF 2
CAULFIELD Be. WHEELER, INC. DATE
~t!!!J CIVIL ENGINEERING - LAND PLANNING 9 15 08
LANDSCAPE ARCHITECTURE - SURVEYING
/I ~ "OIA W. PALMETTO PARK ROAD - SUITE IOOA DRAWN BY JC
\i BOCA RATON, FLORIDA 33433
I PHONE (561)-392-1991 / FAX (561)-750-1452 F.B./ PG. N A
_.
I A PORTION OF SCALE AS SHOWN
I ~3MU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D
_ SKETCH OF DESCRIPTION JOB NO. 4874PARK
.,
EXHIBIT "B"
LEGAL DESCRIPTION OF 12 FOOT WIDE IRRIGATION LINE EASEMENT
,
DESCRIPTION: 12 FOOT WIDE EASEMENT
A 12.00 FOOT WIDE STRIP OF LAND LYING WITHIN SMU-P ARK PARCEL, BOYNTON TOWN CENTER, A P .C.D,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 106, PAGES 144 THROUGH 1S1 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SMU-PARK PARCEL; THENCE S.89'48'S7"W ALONG THE SOUTH LINE
THEREOF, A DISTANCE OF 40.00 FEET; THENCE N.00'41'03"W. ALONG A LINE 40.00 FEET WEST OF (AS MEASURED
AT RIGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF SAID SMU-PARK PARCEL, A DISTANCE OF 283.41
FEET TO THE POINT OF BEGINNING; THENCE S.89'48'S7"W. ALONG A LINE 12.00 FEET SOUTH OF (AS MEASURED
AT RIGHT ANGLES TO) AND PARALLEL WITH THE NORTH LINE OF SAID SMU-PARK PARCEL, A DISTANCE OF
227.72 FEET; THENCE S.86'27'SS"W., A DISTANCE OF 237.88 FEET; THENCE N.61'S2'43nW., A DISTANCE OF 29.32
FEET; THENCE S.89'48'S7"W. ALONG A LINE 12.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES TO) AND
PARALLEL WITH THE NORTH LINE OF SAID SMU-PARK PARCEL, A DISTANCE OF 222.74 FEET TO A POINT OF
INTERSECTION WITH THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE ROAD AND UTILITY EASEMENT, AS SHOWN ON
SAID BOYNTON TOWN CENTER, A P.C.D, SAID POINT BEING ON A NON TANGENT CURVE, CONCAVE TO THE WEST,
OF WHICH THE RADIUS POINT LIES S.72'38'19"W., A RADIAL DISTANCE OF 6S6.S0 FEET; THENCE NORTHERLY
ALONG THE ARC OF THE EAST LINE OF SAID ROAD AND UTILITY EASEMENT, THROUGH A CENTRAL ANGLE OF
01'OS'S8", A DISTANCE OF 12.60 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SMU-PARK
PARCEL; THENCE N.89'48'S7"E. ALONG SAID NORTH LINE, A DISTANCE OF 229.60 FEET; THENCE S.61'S2'43nE., A
DISTANCE OF 28.94 FEET; THENCE N.86'27'SS"E., A DISTANCE OF 234.83 FEET TO A POINT OF INTERSECTION
WITH THE NORTH LINE OF SAID SMU-PARK PARCEL; THENCE N.89'48'S7"E. ALONG SAID NORTH LINE, A DISTANCE
OF 227.97 FEET; THENCE S.00'41'03"E. ALONG A LINE 40.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLES
TO) AND PARALLEL WITH THE EAST LINE OF SAID SMU-PARK PARCEL, A DISTANCE OF 12.00 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER
INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO A BEARING OF N.89'48'S7"E ALONG THE NORTH LINE OF
SMU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
S. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD
SURVEY AS SUCH.
6. RUE - DENOTES ROAD AND UTILITY EASEMENT
7. LAE - DENOTES LIMITED ACCESS EASEMENT
8. LBE - DENOTES LANDSCAPE BUFFER EASEMENT
9. O.R.B. - DENOTES OFFICIAL RECORD BOOK
10. !:J. - DENOTES CENTRAL ANGLE
11. R - DENOTES RADIUS
12. L - DENOTES ARC LENGTH
CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JULY 10,
2008. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO
FLORIDA STATUTES 472.027.
/; SHEET 1 OF 2
CAULFIELD & WHEELER, INC, (~$J' .. DATE '/ ,If
CIVILENGINEERING-LANDPLANNING . '/ 710/08
LANDSCAPE ARCHITECTURE - SURVEYING \
...~.i,;.'.,.....;~.i.',.".,.,..,."..,.,.."""".,....f.................1ld......A...,....;.'..'....".....rh.......~............., 730 IA W. PALMETTO PARK ROAD - sun E IDOA DRAWN BY JC
~'~KIi;> BOCA RATON, FLORIDA 33433
PHONE (561)-392-1991 / FAX (561)-750-1452 DAVID P. LINDLEY F.B./ PG. N/A
REGISTERED LAND
BOYNTON TOWt-.l CENTER SURVEYOR NO. 5005 SCALE AS SHOWN
12' EASEMENT STATE OF FLORIDA
SKETCH OF DESCRIPTION L.B. 3591 JOB NO. 4874102
,""
LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 E LINE OF SMU - PARK PARCEL
180' CANAL RIGHT-OF-WAY (PLAT BOOK 39, PAGES 133-134) r .
7 SO<r41'03-E S89'48'57"W ~POINT hF COMMENCEMENT
/40' PEDESTRIAN EASEMENT 12,00' 40.00' S.E. CORNER OF
1_ _ _ _ _ _ _ _ _ _ _ .-=-. _ _ NOO'41'03"W_283.41'- _ _ -l SMU -- PARK PARCEL
N.E. CORNER OF r.... POINT OF BEGINNING I L
SMU - PARK PARCEL O! ~ I ...J
~ ~ I w
N N U
N N I ~
0..
LaJ ~ I ::.:::
...J . r I ~
w ~ ~ <t:
~ ~ ~ ~ I ~
~ <>> _ I ::J
...... ::.::: GO 0) ~ /'"'0,
/ ~ GO I CIl /'"'0, ~
~ ~ <t:(i) Z (I) /'"'0, .,....: I")
~ 0..- I u... 0 I") N
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^~ ~ 't(' ::J " I ~ 0:: <t: ~ uJ ~
,,~z ...J 0.. 0.. -
/ 0<0' a:: I . Z. z ..;
~ " ~~ SMU _ PARK PARCEL CIl 0: ~ ~ N
clo&' we (PLAT BOOK 106, PAGES 144-151) I ~ 0::.::: ~ 6
<Q ~ I 000 wO
~...J m!Do >!D
'?-. I I-!D I-
~ Z 9<t:
~ I ...JI- <t:
Oo..<t: ...J
t ~~ ~
S86"27'55"W 15 LBE -J ~ "--'
237,88' 5' LAE--+l
N86"27'55"E J J ~ ~
234.83' I I 0:::::
o
:z:
S61-52'43"E
28,94' N61-52'43"W g
""-29,32' ......
--12.00' ...J 0 I.&J
. . W .^ ...J
o ... IU/'"'o, '&1 <
CD ~ U~N
..: ' <t: ...... LO o~
_ N W~~ ~
N N !D~
N N zz~ 0 0
00<t: -
I-i=o.. Zz
LaJ ~ z <t: Q..C
. r >-I-r<)' <
~ ~ 75' OCllN 0 a:::
!P !P S72'38'19"W Lf3~ !D I- ~ It) C)
~ ~ (RADIAL) ~ / ~~ .
_ _ ,//__!D
0) 0) [E. LINE OF 10 RUE >-'(0 Ii 0
GO GO I-v . 0
Z (I) _-----' I uxo
-;:::::l _.r=------r=. [j'O"--' ......
ENAlSSANCE COMMONS BLVD ~ N
SPINE ROAD TRACT
=--=--=-_____---'"1- - - A~-05'~- a
R...656,~ v
L-12,60 SHEET 2 OF 2
it CAULFIELD & WHEELER, INC.
./..i CIVIL ENGINEERING _ LAND PLANNING DA TE 6 30 08
,if... ........ ..," ......... LANDSCAPE ARCHITECTURE - SURVEYING
.~,:,......~730IA W. PALMETTO PARK ROAD - SUI I E laGA DRAWN BY JC
. it':.'i/" BOCA RATON, FLORIDA 33433
PHONE (561)-392-1991 / FAX (561) 750 1452 F.B./ PG. N A
BOYNTON TOWN CENTER SCALE AS SHOWN
12' EASEMENT
SKETCH OF DESCRIPTION JOB NO. 48741Q2
EXHIBIT "C"
FORM OF DEED OF CONVEYANCE
Instrument Prepared bv and
After Recordine Return To:
Michael A. Schroeder, Esq.
Michael A. Schroeder, P. L.
Suite 400 East Tower
2300 Glades Road
Boca Raton, Florida 33431
Property Appraisers Parcell.D. Number: 08-43-45-20-29-016-0000
SPECIAL WARRANTY DEED
THIS INDENTURE is made the _ day of , 2009, by 1950 CONGRESS
A VENUE, LLC, a Florida limited liability company, whose mailing address is c/o Sembler Family
Partnership #35, Ltd., 5858 Central Avenue, St. Petersburg, Florida 33707 (hereinafter called the
"Grantor") to City of Boynton Beach, a Florida Municipal corporation, second party, having
its principal place of business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida
33435 (hereinafter called the "Grantee") (wherever used herein the terms "Grantor" and "Grantee" shall
include Grantor and Grantee and their respective successors and assigns):
WIT N E SSE T H:
FOR AND IN CONSIDERATION OF the sum ofTEN AND NOll 00 DOLLARS ($10.00), in
hand paid at and before execution, sealing and delivery hereof, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor has granted,
bargained, sold, conveyed, aliened and confirmed and by these presents does grant, bargain, sell, convey,
alien and confirm unto Grantee, its successors and assigns, all that tract or parcel of land situate in Palm
Beach County, Florida, being more particularly described in the sketch and legal described on
Exhibit "A", attached hereto and incorporated herein by this reference ("Property").
TO HAVE AND TO HOLD said tract or parcel of land, together with any and all of the rights,
members and appurtenances thereof to the same being, belonging or in anywise appertaining to the only
proper use, benefit and behoof of Grantee forever, in FEE SIMPLE; and subject to the title matters set
forth on Exhibit "B" attached hereto.
GRANTOR HEREBY COVENANTS with Grantee that Grantor is lawfully seized of the
above-described property in fee simple and that Grantor has good right and lawful authority to sell and
convey said property.
GRANTOR HEREBY WARRANTS and will forever defend all right, title and interest in and
to the above-described property unto Grantee and the heirs, successors and assigns of Grantee against the
lawful claims of all persons claiming by, through or under Grantor, but against none other, subject to the
matters set forth in Exhibit "B" hereto.
903134-1 4709,0280000
GRANTOR HEREBY RESERVES for itself and for the BOYNTON TOWN CENTER
MASTER ASSOCIATION, INe., a Florida corporation, not for profit ("Association") and the
Association's successors and/or assigns, an easement for underground water lines and/or other
appropriate purposes incidental thereto, on, over and across the property described in the sketch and legal
attached hereto and marked Utility Easement Area on Exhibit "C" ("Utility Easement Area"), together
with a right of ingress to and egress from the Utility Easement Area, on over, across and through the
Property, to construct, operate, maintain, repair, install, replace, rebuild and remove facilities structures,
improvements and their appurtenances for the stated purpose.
Further reserving unto Grantor and the Association a right of ingress and egress across the
Property for access to the pump station served by the lines located in the Utility Easement Area, which
pump station is located in the East 40' of SMU-PARK PARCEL, BOYNTON TOWN CENTER, A
P.C.D., according to the Plat thereof, recorded in Plat Book 106, page 144, of the Public Records of Palm
Beach County, Florida.
By joinder and consent hereof, Association hereby represents to Grantee that if any portion of the
Utility Easement Area is disturbed by installation, operation, maintenance, replacement or removal
activities or other activities performed by or on behalf of Grantor or Association, said surface and
improvements shall be promptly restored by Association to their condition just prior to such disturbance.
GRANTOR hereby grants to Grantee the right to relocate the Utility Easement Area in the
future, specifically upon the agreement and understanding that any such relocation shall be at Grantee's
sole cost and expense, including reinstalling of the lines in conformance with those lying in the Utility
Easement Area as of the date hereof and the reconnect ion of such lines to the existing lines and pump
station lying outside of the Property as of the date hereof. Grantee will advise the Association, in writing,
at least 30 days prior to the relocation of such lines and will relocate same in a manner which causes
minimum disruption in service by such lines to properties lying within the Plat of Boynton Town Center,
a P.C.D., recorded in Plat Book 106, Page 144, of the Public Records of Palm Beach County, Florida and
shall pursue such relocation on a regular City work schedule in an uninterrupted manner once
commenced.
IN WITNESS WHEREOF, the Grantor has caused this Indenture to be executed under seal as
of the day and year first above written.
GRANTOR:
Signed, sealed and delivered 1950 CONGRESS A VENUE, LLC, a Florida
in the presence of: limited liability company
By: Sembler Family Partnership #35, Ltd., a
Print Name: Florida limited partnership, its Manager
By: Sembler Retail, Inc. a Florida
Print Name: corporation, its General Partner
By:
JEFFREY S. FUQUA
Its: VICE PRESIDENT
- 2 -
903134-1 47090280000
STATE OF GEORGIA }
COUNTY OF DEKALB }
The foregoing instrument was acknowledged before me on the _ day of , 2009 by
JEFFREY S. FUQUA, as VICE PRESIDENT of Sembler Retail, Inc. a Florida corporation, the General
Partner of Sembler Family Partnership #35, Ltd, a Florida limited partnership, the manager of 1950
Congress A venue, LLC, a Florida limited liability company, on behalf of the company, he is personally
know to me.
Notary Public - State of Georgia
My Commission Expires:
My Commission Number:
My Notary Seal:
- 3 -
903134.] 47090280000
JOINDER AND CONSENT OF MASTER ASSOCIATION
The undersigned is executing this Joinder and Consent to the Special Warranty Deed to
indicate is joinder and consent and acceptance of the terms, conditions and obligations under the
foregoing reserved easement and of the undersigned's specific obligations with regard to the same
and to evidence its consent to the conveyance of Property as set forth in the foregoing Special
Warranty Deed.
BOYNTON TOWN CENTER MASTER ASSOCIATION,
INC., a Florida corporation, not for profit
Print Name
By:
Its:
Print Name
STATE OF )
) ss:
COUNTY OF )
The foregoing was acknowledged before me this _ day of , 2009 by
, the of BOYNTON TOWN CENTER MASTER ASSOCIATION, INC., a
Florida corporation, not for profit, on behalf of the corporation. He/She is personally
known to me or _ has produced as identification.
Notary Public, State of
My Commission Expires:
My Commission Number:
My Notary Seal:
- 4 -
903134-1 4709.0280000
EXHmIT A
LEGAL DESCRIPTION
903134.1 47090280000
'j""
I
DESCRIPTION:
SMU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 106, PAGES 144 THROUGH 151 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, LESS AND EXCEPTING THE EASTERLY 40.00 FEET THEREOF.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 205,750 SQUARE FEET /4.723 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF
RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR
OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO A BEARING OF N.89'48'57"E ALONG THE NORTH LINE
OF SMU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
6. RUE - DENOTES ROAD AND UTILITY EASEMENT
7. LAE - DENOTES LIMITED ACCESS EASEMENT
i 8. LBE - DENOTES LANDSCAPE BUFFER EASEMENT
9. O.R.B. - DENOTES OFFICIAL RECORD BOOK
10. t!. - DENOTES CENTRAL ANGLE
11. R - DENOTES RADIUS
12. L - DENOTES ARC LENGTH
CERTlFICA TE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION ON SEMPTEMBER 15, 2008. I FURTHER CERTIFY THAT THIS SKETCH OF
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61 G17-6 ADOPTED
BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027.
/) SHEET 1 OF 2
~ CAULFIELD & WHEELER, INC. i/ !V DATE 9/15/08
CIVIL ENG INEERING - LAND PLANNING i! II III
LANDSCAPE ARCHITECTURE - SURVEYING
, /~~ tf~730IA w. PALMETTO PARK ROAD. SUITE IDDA U \. DRAWN BY JC
I ,1fI ~ BOCA RATON, FLORIDA 33433 J
. .. PHONE (561)-392-1991 / FAX (561)-750-1452 DAVID P. LINDLEY F.B./ PG. N/A
= ". REGISTERED LAND
A PORTION OF SURVEYOR NO. 5005 SCALE AS SHOWN
: S:JU-?ARK PARCEL, BOYNTON TOWN CENTER, A P,C,D STATE OF FLORIDA
. SKETCH OF DESCRIPTION L.B. 3591 JOB NO. 4874PARK
- -
-.
,
LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 ) E. LINE OF SMU - PARK PARCEL
180' CANAL RIGHT-OF-WAY (PLAT BOOK 39, PAGES 133-134 I
.- SOO'41'03"E 295.41'
~ S89'48'57"W S89'48'57"W ---S.E. CORNER OF
40' PEDESTRIAN EASEMENTJ 4000' NOT INCLUDED 40.00 SMU - PARK PARCEL
L_________ _ ~ . SOcr41'03-E 295,41'
N.E. CORNER OF I I "i L
SMU - PARK PARCEL I I d
II ~
<(
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~ II ~ I
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<( f W< W
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:::>0 _ III ~ .....J ~<( <( (f)0-
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~~ ~ A PORTION OF III !p (f) ~ r-: -.i ~ t
owN SMU - PARK PARCEL ~ I ~ I- ::.:: N F ::.::
w~" (PLAT BOOK 106, PAGES 144-151) I m ~ g::.:: ~ 0
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~ << I'~' : I I 20,19 Z
/ !Q' W -
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~~ In ~l1-llloi 0
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<Q IX) I- oo..=IIIN......
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'< m w WID I
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~ ~ --- 1 II m (l)O-w ~
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u en 00<( -
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~ 1 I I Z <( a..c.
(f) N >- I- to -c(
(f) OJ ) )),jt: 0 (f) N 0 Ct::
o ~ . (l) I- N It) c.:>
0:: . ...' I.J... I.J... N
U ~ / / I. ;..,... 0:J .
- 0:::: RfO (l)
g 0 [E. LINE OF 10' RUE / / /, . N ~i.oo:: 0
~--- II;:::" -~o 0
- c::. -==- -==- -=. -== -=. r=.. ~ oJU ~ --- ......
, N
t.=1 s-34'11- NO<r111Q,3 ~
I R=646.5q' 62,-'U
I - - - - - -_--->- - L=209,53 S B ~ 0
I - - - - N. W. CORNER OF ENN~CE COMMO~T ~ \ v
, SMU PARK PARCEL R SPINE ROAD iAA SHEET 2 OF 2
CAULFIELD & WHEELER, INC.
{f&/!J CIVIL ENGINEERING - LAND PLANNING DATE 9 15 08
LANDSCAPE ARCHITECTURE - SURVEYING
, ~ ~ i301A W, PALMETTO PARK ROAD - SUITE IOOA DRAWN BY JC
'.J BOCA RATON, FLORIDA 33433
I PHONE (561)-392-1991 / FAX (561)-750-1452 F.B./ PC. N A
'~ =
I A PORTION OF SCALE AS SHOWN
i :'=~AU-PARK PARCEL, BOYNTON TOWN CENTER, A P,C,D
,. SKETCH OF DESCRIPTION JOB NO. 487 4P ARK
EXHIBIT B
PERMITTED EXCEPTIONS
1. Taxes and assessments for the year 2009 and subsequent years not yet due and payable.
2. Master Declaration of Covenants, Restrictions and Easements recorded in Official Records Book
19557, Page 21.
3. Restrictions, covenants, conditions, dedications, easements and other matters as contained on the
Plat of Boynton Town Center, as recorded in Plat Book 106, Page l44.
4. Cross Access Easement Agreement recorded in Official Records Book 18288, Page 1218.
5. Easement in favor of Florida Power and Light Company recorded in Official Records Book
21681, Page 1047.
All of the Public Records of Palm Beach County, Florida.
THE RECITAL OF THE FOREGOING SHALL NOT SERVE TO REIMPOSE SAME.
903134.) 4709.0280000
EXHIBIT "C" SKETCH AND LEGAL OF RESERVED UTILITY EASEMENT AREA
903134-147090280000
DESCRIPTION: 12 FOOT WIDE EASEMENT
A 12.00 FOOT WIDE STRIP OF LAND LYING WITHIN SMU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D.
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 106, PAGES 144 THROUGH 151 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SMU-PARK PARCEL; THENCE S.89'48'57"W ALONG THE SOUTH LINE
THEREOF, A DISTANCE OF 40.00 FEET; THENCE N.00'41 '03"W. ALONG A LINE 40.00 FEET WEST OF (AS MEASURED
AT RIGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF SAID SMU-PARK PARCEL, A DISTANCE OF 283.41
FEET TO THE POINT OF BEGINNING; THENCE S.89'48'57"W. ALONG A LINE 12.00 FEET SOUTH OF (AS MEASURED
AT RIGHT ANGLES TO) AND PARALLEL WITH THE NORTH LINE OF SAID SMU-PARK PARCEL, A DISTANCE OF
227.72 FEET; THENCE S.86'27'55"W., A DISTANCE OF 237.88 FEET; THENCE N.61'52'43"W., A DISTANCE OF 29.32
FEET; THENCE S.89'48'57"W. ALONG A LINE 12.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES TO) AND
PARALLEL WITH THE NORTH LINE OF SAID SMU-PARK PARCEL, A DISTANCE OF 222.74 FEET TO A POINT OF
INTERSECTION WITH THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE ROAD AND UTILITY EASEMENT, AS SHOWN ON
SAID BOYNTON TOWN CENTER, A P.C.D, SAID POINT BEING ON A NON TANGENT CURVE, CONCAVE TO THE WEST,
OF WHICH THE RADIUS POINT LIES S.72'38'19"W., A RADIAL DISTANCE OF 656.50 FEET; THENCE NORTHERLY
ALONG THE ARC OF THE EAST LINE OF SAID ROAD AND UTILITY EASEMENT, THROUGH A CENTRAL ANGLE OF
01'05'58", A DISTANCE OF 12.60 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SMU-PARK
PARCEL; THENCE N.89'48'57"E. ALONG SAID NORTH LINE, A DISTANCE OF 229.60 FEET; THENCE S.61 "52'43"E., A
DISTANCE OF 28.94 FEET; THENCE N.86'27'55"E., A DISTANCE OF 234.83 FEET TO A POINT OF INTERSECTION
WITH THE NORTH LINE OF SAID SMU-PARK PARCEL; THENCE N.89'48'57"E. ALONG SAID NORTH LINE, A DISTANCE
OF 227.97 FEET; THENCE S.00'41'03"E. ALONG A LINE 40.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLES
TO) AND PARALLEL WITH THE EAST LINE OF SAID SMU-PARK PARCEL, A DISTANCE OF 12.00 FEET TO THE
POINT OF BEGINNING.
-- SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER
INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO A BEARING OF N.89"48'57"E ALONG THE NORTH LINE OF
SMU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD
SURVEY AS SUCH.
6. RUE - DENOTES ROAD AND UTILITY EASEMENT
7. LAE - DENOTES LIMITED ACCESS EASEMENT
8. LBE - DENOTES LANDSCAPE BUFFER EASEMENT
9. O.R.B. - DENOTES OFFICIAL RECORD BOOK
10. fJ. - DENOTES CENTRAL ANGLE
11. R - DENOTES RADIUS
12. L - DENOTES ARC LENGTH
CERTlFICA TE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JULY 10,
2008. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH IN CHAPTER 61 G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO
FLORIDA STATUTES 472.027.
/) SHEET 1 OF 2
CAULFIELD B WHEELER, INC. (' A. 7/10/08
"$ DATE
ti'@ CIVIL ENGINEERING, LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING \ /
..., ' W ~ 730lA W. PALMETTO PARK ROAD - SUITE IOOA DRAWN BY JC
BOCA RATON, FLORIDA 33433 F.B./ PG. N/A
PHONE (561)-392-1991 / FAX (561)-750-1452 DAVID P. LINDLEY
REGISTERED LAND
BOYNTON TOWN CENTER SURVEYOR NO. 5005 SCALE AS SHOWN
12' EASEMENT STATE OF FLORIDA
SKETCH OF DESCRIPTION LB. 3591 JOB NO. 48741Q2
LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 {E. LINE OF SMU - PARK PARCEL
180' CANAL RIGHT-OF-WAY (PLAT BOOK 39, PAGES 133-134) I
~ S00"41'03-E S89'48'57"W ~POINT OF COMMENCEMENT
/40' PEDESTRIAN EASEMENT 12,00' 40.00' S.E. CORNER OF
1_ _ _ _ _ _ _ _ _ _ _ .-=- _ _ NOO'4l.Q3"W_283.41'_ _ _ -=to SMU - PARK PARCEL
N.E. CORNER OF - POINT OF BEGINNING II L
SMU - PARK PARCEL S! ~ I I .....J
r.... " II w
~ ~ U
~ ~ II ~
Cl..
~ ~ " ~
.....J . r I I ~
w r.... r.... <(
~ !P!p II Cl..
<( ~ ~ I
~ Cl.. 0, 0, 11::1
" ~ CO CO II ~ ,...... ~
tV ./ <(Vi' Z (J) l/) 0""= I")
~ Cl..- II LL N I") N
~ l/) 0 0 N
G'b I ~ --12.00' II w o<C( w w w ~
-Q: C5 G G .....J <(
q,~ <<"I: ~ ~ I I S Q: ~ ~ ~ Cl..
/ ~' l/) a:: I I . Z. z ..f
~ ~ ~i5 SMU - PARK PARCEL l/) 0: t ~ N
~o& we (PLAT BOOK 106, PAGES 144-151) II ~ g ~ ~ 6
<0 z II OrnO wO
",:::J m 0 >rn
,,?,. II f-rn f-
-3.'" Z I I 9 ::i f- <(
00.-::5 c[
saEr27'SS"'W 15' LBE -J I '-./ ~ '-./
237,88' 5' LAE-+J
N8Er27'SS-E J J ~ I
234,83' II ~
I I c=)
II :z
S61"S2'43-E
28,94' N61"S2'43"'W : II 0
~- , 0
"'--29,32 I I ......
II .....J 0
b ;,. I I I t3,...... 10
co r.... II Ua:::N
, , <( .A" l{)
0) ~ w""'r--
~ ~ II rno..w
~ ~ I ZZG 0
I 00<(
f-F=o..
fJ ~ II ~~rri
r.... r.... 75') ) 0 l/) N 0
!P !P S72'38'19"W '-8€. rn f- ~ 10
~ ~ (RADIAL) ---; / ~ ~ .
" . / / -....... CD
0) 0, [E. LINE OF 10 RUE >-'(0 ti 0
CO CO f-v . 0
Z ,^ - - - - - - I I <3 x 0
VI -:::J. - ..r:= - - - - - _r=. IT ~ '-./ ......
ENAlSSANCE COMMONS BLVD ~
SPINE ROAD TRACT
=-~~-N.W. COR~R-;F ~:~~~~Q'\- ~
SMU - PARK PARCEL L 12,60' SHEET 2 OF 2
Ii CAULFIELD a WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING DA TE 6 30 08
LANDSCAPE ARCHITECTURE - SURVEYING
~,.,', 'rv4.jJ730IA W. PALMfTTO PARK ROAD - SUITE IOOA DRAWN BY JC
. BOCA RATON, FLORIDA 33433
PHONE (561)-392-1991 I FAX (561)-750-1452 F.B./ PC. N A
BOYNTON TOWN CENTER SCALE AS SHOWN
12' EASEMENT
SKETCH OF DESCRIPTION JOB NO. 4874102
EXHIBIT "D"
FORM OF SPECIAL ASSIGNMENT LETTER
1950 Congress Avenue, LLC, a Florida limited liability company, hereby assigns park
impact fee credits from the Boynton Village Project in the amount of $ for
use by in receiving building permits for the
following development:
on the following parcel of land within the Project:
The assigned amount of park impact fee credit shall be deducted from the available park
impact fee credit for the Project.
1950 CONGRESS A VENUE, LLC, a
Florida limited liability company
By: Sembler Family Partnership #35, Ltd., a
Florida limited partnership, its Manager
By: Sembler Retail, Inc. a Florida corporation,
its General Partner
By:
Jeffrey S. Fuqua, Vice President
The Citlj oi Bollnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
February 24, 2009
1950 Congress Avenue LLC
C/O Sembler Family Partnership #35 Ltd
5858 Central Avenue
St. Petersburg, FI 33707
Attention: Mr. Craig Sher
Re: Resolution # R09-38 Boynton Village Park Conveyance Agreement
Dear Mr. Sher:
Attached for your handling are two (2) partially executed agreements and a copy of the Resolution
mentioned above. Once the agreements have been signed, please return one original to the City
Clerk's Office for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~m.P~
net M. Prainito, CMC
City Clerk
Attachment
CC: Mike Rumpf, Planning & Development
tis
s: \ CC\ WP\AFTER COMMISSION\ Other Transmittal Letters After Commission \2009\R09-038 Boynton village Park Conveyance
Agreement. doc
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.f1.us
www.boynton-beach.org
March 16, 2009
Corbett and White, P.A.
1111 Hypoluxo Road
Lantana, FL 33462
Attention: Mr. John Corbett, Esquire
Re: Resolution # R09-38 Boynton Village Park Conveyance Agreement
Dear Mr. Corbett:
Attached for your information and files are copies of the executed agreement and the Resolution
mentioned above.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
tn. p~
J et M. Prainito, CMC
City Clerk
Attachment
CC: Central File
tis
s: \ CC\ WP\AFTER COMMISSION\ Other Transmittal Letters Mter Commission \2009 \R09-038 Boynton village Park Conveyance
Agreement Corbett Copy. doc
America's Gateway to the Gulfstream