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R09-038 II I 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 II I 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. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Commissioner - Marlene Ross 22 ATTEST: 23 24 25 26 M. Prainito, CMC 27 Clerk 28 29 30 31 32 33 34 35 36 :\CA\RESO\Agreements\Boynton Village Park Conveyance Agreement.doc I 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 L fJ :01 WV 9 - ~f;:1 60 1'" ~:'1 c: \!"I~nJ 11'C) ..... 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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 Page 4 of 14 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 Page 5 of 14 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 Page 6 of 14 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 Page 7 of 14 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. Page 8 of 14 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. Page 9 of 14 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: Page 10 of 14 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% ~ 'cP :to. ~ g v~~~ ~'~ ~ ~,."" JAN ~. :: = - ~ 4 =*= ::.', 2010 : ~ ~ ~c - ~ e ~ ~-:..'/ ~o~ ~.. ~ "'::.f)~' ~~.~9': .G.'i;?....p..f ///11'/ ~y Pu~~\\\" 'IIf", /1111\\\'\ 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 <( ~~ Q.. I ~ ~ (f)........ ~____ I lJ... ........ -;- 1'0 <(~ I 0 0;;; N Q..(f) aNN <( 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 ~ '--" .:? 5' LAEl-+I ~ ::r: 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::: .... 00<( - ~ . (I) I- F= Q.. J: :g: :g 1 I I z <( . 0.- (f) N ~ >-1-1'0 < (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 ~ CIl 0 eNN {Yb I <t: --12.00' I <l( W W _(E: &' !D W 0 " W W " ^~ ~ '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 ~ <( I I 0- II Co ~ d Ilt'!~ ~ II ~ I <( I") 0- II ~ ::.:: I (f) ......... 0:::........... I lL. ..-.. ~ to <(~ I I 0 0;;) N O-(f) CNN <( f W< W I(l) I ~ot5t5 ~~ :::>0 _ III ~ .....J ~<( <( (f)0- 2Z N " . 0- 0- ~~ ~ 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 Z Ilco O(l)o wO :J I en m 0 >(l) . \I c~(l) I- z III -J.....JI- <( 00-<( .....J 1_, ___.....J 0- 15' LBE--rJ I ~ --- $' 5' LAEt-H ~ I ) ~ ~~ ~ r;t0" ......... ( ( ~ cr:::: 1!{?0 r;[11 N7lr45'i\9"W 0 ~ << I'~' : I I 20,19 Z / !Q' W - ~ ~ ~ ~~ I 118 ~~ In ~l1-llloi 0 C5 - W N 0 <Q IX) I- oo..=IIIN...... A.... ~ Z <to '< m w WID I -!3." IX) ~ co .....J N I I ~.....J 0 W Z (f) ~ 11- . I II '" IW It) ..J <(~ IL..O! 10 uU'N -c( w 0:: I II - <(0::::10 0 (f) w d ~ w<(r-- (/)~ ~ ~ --- 1 II m (l)O-w ~ UO- IX) zZ0 0 OIL.. u en 00<( - <( - I-FO- Iz ~ 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