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R95-197RESOLUTION NO. R95 -/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE GRANT AWARD AGREEMENT AND GRANT AWARD CALCULATION, FOR THE ROSEMARY SCRUB ACQUISITION PROJECT, BETWEEN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY AND THE FLORIDA COMI~JNITIES TRUST ("FCT"); A COPY OF SAID GRANT AWARD AND GRANT AWARD CALCULATION IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto have entered into a Conceptual Approval Agreement between Florida Communities Trust, the City of Boynton Beach and Palm Beach County; and WHEREAS, the Rosemary Scrub (Ecosite 36) is one of the sites given high priority for acquisition with funds from the March 12, 1991 Environmentally Sensitive Lands Bond Issue Referendum and did receive conceptual approval for masching state funds in 1994; and WHEREAS, the Grant Award Agreement states the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 bond proceeds; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be in the best interests of the residents and citizens to execune the Grant Award and Grant Award Calculation attached hereto as composite Exhibit "A" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The City Commission of the City of Boynton Beach, Florida hereby does authorize and direct the Mayor and City Clerk to execute the Grant Award and Grant Award Calculation, attached hereto as composite Exhibit "A". f~ That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this , /~ day of December, 1995. ATTEST: Cit~ Clerk C~~~~-/~BEACH' FLORIDA Mayor ~a,~Vi c e Mayor ~,M.~o_r P~ T~ f ~ Commi~si/ner (-Corporate Seal ) Au~sig. doc RQsemary Scrub. Grant Award- 12/14/95 FCT Recipient: City of Boynton Beach Palm Beach County Rosemary Scrub FCT Project #93-008-P3A FCT Contract # Date: GRANT A~D CALCULATION TOTAL PROJECT COSTS Purchase Price Janmar Properties, Ltd. RTC Total Purchase Price Acc/uisition~nses Appraisals Appraisal Review Title Search Survey Negotiating fee' Total Acquisition Expenses Total Project Cos~ $ 200,000.00 (1) 243. 000.00 (2) $ 13,050.00(3) 968.49(4) 625.00 (5) 8,866.50 (6) · 4.430.00(7) $ 443,000.00 $ 27,939.~9 (8) S 470.939.99 CC~UTATION OF GR~NTAWARDAND LOCAL M~TC~A~OUNT FCT Award Computation Share of Total Purchase Price Share of Acquisition Expenses Total Share of Project Costs $ 177,200.00 11.175.99 Share of Total Purchase Price Share of Acquisition Expenses Total Share of Project Costs 265,800.00 16.764.00 Total Pro~ect Costs 188,375.99(9) ~ ~82.564.00 $ 470.939.99 CCI4~]TATIONOF PREPAiDS, REIM~URSEMENTSANDADDITIONAL COSTS FLORIDA CC~0NITIES T~UST FCT Prepaid P~e=t Costs Appraisal Review Total Prepaid Costs $ 968.49 $ 968.49 FCT Amount Due Share of Total Purchase Price Share of Total Project Costs Less Total Prepaid Costs Total Amount Due from FCT $ 177,200.00 11,175.99 ..... ~Z6S FCT Recipient: City of Boynton Beach Palm Beach County Rosemary Scrub FCT Project #93-008-P3A FCT Contract # Date: Page 2 FCT RECIPIENT Prepaid Pro~ect Costs Purchase Price: Janmar Properties, Ltd. RTC Appraisals Title Search Survey Negotiating fee Total Prepaid Costs $ 200,000.00 243,000.00 13,050.00(3) 625.00 (5) 8,866.50(6) 4. 430.00 (7) $ 469,971.50 'Share of Total Purchase Price Plus Share of Acquisition Expenses Less Prepaids Total AmountDue To Recipient $ 265,800.00 16,764.00 469. 971.50 $ 187.407.50 FCT Recip£entA~ttonal Costs Record Grant Award Agreement $ Total Additional Costs $ 64.50(10) 64.50 Notes: (1) Maximum approved purchase price ~s $435,000 pursuant to memorandum dated November 1, 1995, from Stephen Boyle to Howard Douglas. (2) Maximumapproved'purchase price is $280,000 pursuant to memorandum dated November 1, 1995,. from Stephen Boyle to Howard Douglas. (3) Cost of two appraisals of $8,600 and $4,500 for both parcels. (4) Cost of review of appraisals for both parcels. (5) RCT parcel only. (6) Cost of appraisal boundary survey of $5,146 and final boundary survey of $3,720 for both Parcels. (7) Fee paid to The Nature Conservancy calculated at 1% of total land purchase price. (8) Pursuant to the terms of the option agreements, the sellers paid the costs of title insurance. Cost of environmental audit absorbed by County. (9) Pursuant to the terms of the Conceptual Approval Agreement,. the amount of the grant shall be the lesser of $264,377.00. or 40% of the~6~a-l~project costs. City of Boynton Beach Palm Beach County Rosemary Scrub FCT Project #93-008-PSA FCT Contract ~ Date: Page 3 (10) Disbursed to Clerk of the Court, Palm Beach County, at time of reimbursement from FCT. The foregoing calculation of grant award and total project costs is hereby approved by the undersigned. CITY OF BOYNTON BEACH FLORIDA COMMUNITIES TRUST By: Its: Date: Approved as to form and legality Date: James F. Murley, Chair Date: Approved as to form and legality Date: PALM BEACH COUNTY By: Its: Date: Approved as to form and legality Date: This instrument prepared by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 CONTRACT # FLORIDA COMMUNITIES TRUST P3A AWARDS 93-008-P3A GR~ AWARD THIS AGREEMENT is entered into this day of , 199_, by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs; and the CITY OF BOYNTON BEACH, a municipality within the State of Florida and PALM BEACH COUNTY, a political subdivisions of the State of Florida ("FCT Recipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A" attached hereto and made a part hereof ("Project site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 253, 259, and 380, Florida Statutes. WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of COmmunity Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans and in otherwise conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3)(c), Florida Statutes, provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local-governments throughthe FCT; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds ("Bonds"); GAA\93-008-P3A 11-9-95 i WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes~ WHEREAS, Rule 9K-4.010(2)(e), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding in accordance'with Rule Chapter 9K-4, F.A.C.~ WHEREAS, theFCT has approved the terms under which the Project Site was acquired and the FCT Recipient has acquired title to the Project Site and the Project Site shall be subject to such covenants and restrictions as are sufficient to ensure that the use of the. Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and such covenants and restrictions shall contain clauses providing:for the conveyance of title'to the Project Site to the Board~of Trustees of the Internal Improvement Trust Fund upon the failure of the FCT Recipient to use the Project Site acquired thereby for such purposes~ and WHEREAS, such covenants and restrictions.shall be imposed by an agreement which s~allldescribe with.particularity the real property Which is sub]ect~to the agreement and shall be recorded in the county in which the real property is located~ and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its acquisition with FCT Preservation 2000 Bond Proceeds. NOW THEREFORE, in consideration of the mutual covenants and undertakings.Set forth herein, and other good.'and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and FCT Recipient do hereby contract and agree as follows= I. gENERAL CONDITIONS. 1. Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this Agreement to be recorded and filed in the official public records of Palm Beach County, Florida, and in such manner and in such other places as FCTmay reasonably request, and shall pay all fees and charges incurred in connection therewith. 2. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental P~e~ection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status of GAA\93-008-P3A 11-9-95 2 the Preservation 2000 Revenue Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly. 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 4. This Agreement and the covenants and restrictions containedherein shall run with the Property herein described and shall bind, and the benefits Shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties here=o, and any such notice shall be deemed received on the date of delivery if by personal delivery'or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 ATTN: Executive Director FCT Recipient: City of Boynton Beach ATTN: FCT Recipient: Palm Beach County. ATTN: 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. GAA\93-008-P3A 11-9-95 3 II. PROJECT BITE REQUI_~-w~-~TB IMPOSED BY CHAPTER 259, CHAPTER 375', AND CHAPTER 380, PART III, FLORIDA STATUTES. 1. If any essential term or condition of this grant agreement is violated by the FCT Recipient or by some third party with the knowledge of the FCT Recipient and the FCT Recipient does not correct the violation within 30 days of notice of the violation,'fee simple title to all interest in the Project Site shall~be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The FCT shall treat such property in accordance with Section 308.508(4)(e), Florida Statutes. 2. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. 3. The interest, if any, acquired by the FCT Recipient in the Project Site will not serve as security for any debt of the FCT Recipient unless FCTapproves the transaction. 4. ~f the existence of the FCT Reci~ie-~ · . - .~ ~.~ u~&mA~=~ =or.any r~ason, tatle to all interest an the Project Site it has acquired with the FCTaward shall be conveyed to the Board of Trustees of at~_~te~rna%_~mpro~.emen~ T..r~st Fund, unless FCT negotiates an ~e~men= war~. anonner l~ca~ government or nopprofit organization wn~n agrees =o accept tatle to all anterest an and to manage the Project Sate. 5. In the event thatthe ProPect S~- ~ ~-=~ -- destroyed or title to the Pro~ect Site . .~_.. =___t~= _ .~? .r~.e ~er o£.emanent domaan, the FCT Recipient ~,,=~ u=~o~= warm =ne FCT any ansurance proceeds or any . conuemnation award, and shall promptly comme~ce to rebuild, . replace, repair orrestorethe Project Site in such manner as is ~~tent with .the Agree~_ent..The FCT shall make any such xnsu~nce proceeds or condemnation award mon,v~ ~,~~ .. provide funds for such restoration ~ -;i-~J--iXiii~tY Y~-- FCT Reci-ie-~ ~-=- ~ -- .... ~ ~e even= =na= ~e re--=- ~_ ~= =aaa? =o comm. ence.or to complete the rebuilding, 7?~=,_rep~acemen= or restorataon of the Project Site after nonace from the. FCT, the FCT shall have the ri-hr in ~4-~- ~- reDual~ or replace the Project Site s;'as to-~r~;;n~'~''' occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT__will have the right to seek specific performance of any of the~o~V~nants and restrictions of this Agreement concerning the construction and operation of the Project Site. GAA\93-008-P3A 11-9-95 4 ??'to PROJECT S?TE OBL~ATTONS. ?HPOSED BY FCT ON THE FCT RECIPIENT. 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for resource-based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of th%s.purpose. The proposed uses for the Project Site are specifically designated in ~he Project Plan as appro%ed by FCT. 2. The FCT Recipient shall prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 3. The FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the FCT Recipient.s comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 4. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, · . state,.regional and federal laws and regulations, includ%ng zoning ordinance? a~d the adopted.and approved comprehensive.plan for the jurisdIctio~ as appliCable. Evidence shall be provided to FCT that all reqUired licenses and permits have been obtained pr'lor to the commencement of any construction. 5. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. · 6. FCT staff or its duly authorized representatives shall have the right at any time ~o inspect the Pro]ec~ Site and the operations of the FCT Recipient at the Project Site. 7. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal., other than non-native species, and/or major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably with- held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs,-V-ege--ta~ion removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCTRecipient's GAA\93-008-P3A 11-9-95 5 management plan addressing the items mentioned herein shall be considered written approval from FCT. S. _.~f archaeological and historic sit ..... project . . ~o Q~= ~oca~e~ on =ne ~l=e, the FCTReclpien~ shall co~ly with ChaPter 267, Florida Statutes. The collection of artifacts from the Project Sits or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Divisionof Historical Resources. 9, The FCTRecipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, n~tural ~esource-based publi? ~utdoor recreational site in signs, literature and advertise- ...... ~= ....... '. all · . ~.~ ~w=~=~n~ ~ne Pro ec= Sit The FCT Recipient shall erect a sign(s) identifyin ]the Pro~ g ] ct Site as being open to the public and as having been purchased with funds from FCT and FCTRecipient. IV. OBLIGATIONS INCURRED B~ FCT RECIPIENT AS A RESULT OF BOND PROCEEDS BE1N~ UTILIZED TO PURCHASE THE PROJECT SITE. 1.. If the Pro~ect Site is to reread- -..~--- acquisition by ~e S~ate an~ the FCT-Recipient, to an o belo~ listed activities or intere-~- ~_ ~.- a . . Y. ~ the ~rovade at least 67 days written.notice of any such activ interest to FCT ~r~o- ~- -= ...... , ..... ' ~ty or · =' ~ ~ ~=.==~¥~=Y =a~lng place, and shai provide to FCT suchinformat~on W~th - ..... - ..... =ea~onamay requests 1~ ~rder to evaluate the le al and ta '- sequences of such activity or interest: g x con a. any lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site to a non-gOvernmental person or organlzat'ion; .... c. any ~ales ~ontract or option to buy things a~=acned =0 the Pro]ect Site to be severed from the Pro'ec Site, w~th a non-governmental person or organization; ] t d. any ~se of the Project Site by non-governmental persons other than ~n such person's capacity as a member of the general public; e. a management contract of the Project Site with a non-governmental person or organization; and f. s~ch othe~ activity or interes%~as maybe specified from time to time in writing by FCT to the FCT Recipient. GAA\93-008-P3A 11-9-95 6 2. FCT Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non-governmental person or organization; b. the operation of a concession on the Project Site by a non-governmental person or organization; c. a sale of things attached to the Project Site to be severed from the Project Site to a non-governmental person or organization; d. any change in the character or use of the Project site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; e. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; f. a management contract.of the Project Site with a non-governmental person or organization; and g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DELEGATIONS AND CONTRACTUALARRANGEMENTS 'BETWEEN TH~ FCT RECIPIENT AND OTHER GOVE~N]4~NTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. Vm  ONDZTIONS PARTICULAR TO THE PROJECT SITE TH~TMUST BE DRESSED IN THE MANAGEMENT PLAN . ..%?. T~e FCTRecipient shall provide ouean-~ ~...~4~..~ parking area on the Project Site. The facilities shall be ~:~p~e~__in_a man~.~r tha~ allows.the general public reasonable ~ ~or observation an~ appreciation of the significant GAA\93-008-P3A 11-9-95 7 2. The timing and extent of a vegetative survey of vegetative communities and plant species on the Project Site shall be specified in the management plan. The FCT Recipient shall detail how the survey shall be used during development of the site to insure the protection, restoration, and preservation of the natural resources on the Project Site. 3. The sand pine scrub, pine flatwoods and mesic hammock plant communities that exist on the Project Site shall be preserved and appropriately managed to ensurethe long-term viability of th~se ~ommunities. · ~. The Project ~ite shall b? managed in a manner that op=imizes habitat conditions for listed wildlife species that ~ilize. or ?oUld.potentially utilize the. Project Site, includinq = ~ n~z~a~n~ ~na~ coorulna=e with the Game and Fresh Water Fish Commission and the Nature Conservancy on the management of.the Project Site for the protection of listed species and Iisted 'sP~C~ habitat. The FCT Recipient shall also conduct periodic a ......... listed species using the Project Site au ~eve~op inzorm~tional slg~.s relating to the protection of listed animal species and their habitat. ..5. The ~CT Recipient sh~ll remove approximately 4 acres of ex0tlc vegetation from the Pro-ect Site --~ .......... · .... ~ ~ . ~ =~ m~nu~ unls area =o aa~ow rot natural succession by native vegetative species. .. ~. Prior to the.commencement of any proposed development a~h~~o~Ic~ sl=es. All planned activities involving known or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources, in order to prevent the disturbance of significant sites. ~. The FCTRecipient shall ensure that the Project Site and listed animal species ~nd their habitat are sufficiently buffered from the adverse impacts of adjacent land uses. 8. A vegetative analysis of the Pr-~--~ -~ ...... E~r~_.~d.~o de~erm~ne.whl.ch 9reas of the P~oject Site require a ~=~sc~lme~ murnln~ regime l~%emented to maintain natural fire-. uepen~ent vegetatave co.mm.unities. The FCT Recipient shall ~=r_=is~ commission on the develo ment · plan rot the Project Site. p of a prescribed burn 9. Environmental education and scientifi~ research programs related to the natural' resources on 'the Project Site shall be developed and implemented. GAA\93-008-P3A 11-9-95 8 10. Access to the Project Site by pedestrians and bicyclists shall be promoted as an alternative to automobile access.' 11. The requirements imposed by other grant program funds that may be sought by the FCTRecipie~t for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. THIS GRANT AWARD AGREEMENT embodies the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. AGREED AND ACCEPTED, this day of , 199 ATTEST: Dorothy H. Wilken, Clerk BY: Deputy Clerk Date: (SEAL) Accepted as to Form and Legal Sufficiency: BY: County Attorney Date: PALM BEACH COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY: Chair Date: GAA\93-008-P3A 11-9-95 9 CITY OF BOYNTON BEACH ATTEST: By: As to the City By: Title: Date: Title: Date: Accepted to Legal Form and City Attorney Date: Sufficiency: FLORIDA COMMUNITIES TRUST Witness Name: Witness Name: James F. Murley, Chair Date: Accepted as Sufficiency: to Legal Form and Ann J. Wild, Trust Counsel Date: GAA\93-008-P3A 11-9-95 10 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 19'9 , by as v _ v · He is personally known to me, or has produced as identification. Notary Public Print Name: Commissi0~ No. My Commission Expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of as , 199_, by .- ~ He is personally known to me, or has produced 'as identification. Notary Public Print Name: Co~ission No. My Commission Expires: STATE OF FLORIDA COUNTY OF LEON ~he f~regoing instrument was acknowledged before me this ~f aay or , 199 by JAMES F. MU~?.~Y, as Chair the Florida Communities Trust. He is personally known to me. GAA\93-008-P3A 11-9-95 11 Notary Public Print NameL__ Commission No. My Commission Expires: ExhiBIT A parceI of land lying in-Sections 9 and 16, Township 45-South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: From the SDutheast corner of the Southwest Quarter (SW 1/4) of Jaid Section 9 run North 90 degrees 00 minutes 00 seconds West along the South line of said Section-9 a distance of 40.00 feet to the Point of Beginning of the herein described parcel of land; continue thence North 90 degrees 00 minutes O0 seconds West a distance, of 68.5~ feet; thence due South a distance of 40.00 feet; thence due East a distance of 45.88 feet to the point of curvature of a curve concave to the Southwest having a radius of 25.00 '.f.eet, thence Southeasterly along the arc of said curve through a central angle of 87 degrees 57 minutes 15 seconds a distance bf 38.38 feet to a point on the Westerly Right-of-Way line of Seacrest Boulevard, an~ point of tangency of said curve; thence South 02 degrees 02 minutes 45 seconds East along said Westerly Right-of-Way line a 'distance of 75.88 feet; thence South 87 degrees 57 minutes 15 seconds West along'the South line of Lot.10, Block 20, of Rolling Green Ridge, 1st Addition, as recorded i~ ~lat Book 24, at Page 223-, of the Public Records-of ~Palm Beach County, tFlorida, a distance of 73.62 feet; thence along the North line of said Plat of Rolling Green Ridge, South 52'degrees 20 minutes 15 seconds West a distance of 75.79 feet; thence North 50 degrees 50 minutes 05 seconds West a distance of 77.39 feet; thence North 90 degrees'00 minutes 00 seconds West a distance of 130,42 feet; thence leaving said North line North 02 degrees 02 minutes 45 seconds West along a parallel to Seacrest Boulevard a distance of 140.08 feet to a poznt on the South line of said% Section 9; thence North 01 degrees 32 minutes 45 seconds East along a line parallel to Seacrest Boulevard -a distance of 658.72 fee~ to a point ~n the North line of the South half (S 1/2) of t~e Southeast Quarter (SE I/4).of ~he Southwest Quarter (SW 1/~) of said Section. 9;. thence ~long said North line South 89 degrees 58 minutes 45 seconds East a distance of 324.05 -feet =o a-point on the Westerly Right-of-Way line of Seacrest Boulevard, an 80.00 foot wide road Right'of-Way; thence South 01 degrees 32 minutes 45.seconds West along said Westerly Right-of-Way !ine'a distance-of 658.62 feet to the Point of Beginning. LESS-AND EXCEPT THEREF~OMTHE FOLLOWING DESCRIBED PROPERTY: A parcel of land lying in Section 9, ToWn~hip 45 South, Range 43 East, Palm Beach County, Florida, being more particularlydescribed as follows: From the Southeast corner of the Southwest Quarter (SW. 1/4) of said Section 9; thence due West along the South line of sazd Sec~ion 9, a distance of 40.01 feet to a point of intersection with a line parallel with and 40.00 feet at right angles to the East line of · the Southwest Quarter (SW 1/4) of said Section 9; thence North 0I degrees 32 minutes 45 seconds East-a~_~ said parallel line a distance of 4D.01 feet to a point of intersection with a line parallel with and 40.00 feet at right angles to the South line of the Southwest Quarter (SW.1/4) of said Section 9 and the Point of Beginning of the herein described parcel; thence continue North 0! degrees 32 minutes 45 seconds East along the West Right-of-Way line of Seacrest Boulevard, as' now laid-out and in use, a distance of 250.00 feet; thence due West a distance of 175.00 feet; thence South 01 degrees 32'minutes 45 seconds West a distance of 250.0~ feet; thence due East a distance of 175.00 feet to the Point of Beginning. · Janmar Parcel EXHIBIT "A" (continued) AND ALSO: A parcel of land lying in Section. 9, Township 45 South, Range 43 East, Palm Beach County, Florida. Said Parcel being more particularly described as follows: Commencing at the .southeast corner of the Southwest 1/4 of Section '9 Township East .-?ale Be. ach County, Florida: ;=o. a point on the West right' point also or-.way, line beginning; thence point on North O0OOS.O0. East along NO. 9, a southwest 25, page 144 of thence with being the poin~ of · a distance of 793.14 feet to a line of State Road No. 9; thence run EaSt rightlof_Way line of State Road to a point; said point being the Estates, as recorded in Plat Book also .distance of of of 809.90 feet to 9oint; :said corner of North.] Estates, as B, of the Wes' a South' OlO32~45,, right (!said- Blvd.), a A parcel of land lying in Section 16, .Township 4~. South, Range 43 East, Palm Beach County, Florida.- Sa'id parcel being more particularly described as follows: Commencing at'the Southeast corner of the Southwest 1/4 of Section 9, Township 45 South, Range 43 East,. Palm Beach County, Florida; thence West, a distance of i08.60 feet to the point of beginning; thence South a distance of !40.00 d~ ............. feet to ~ point; thence East., a Askance oz ~5.s8 fee= =o a point; thence wxtha curve to the right having.a, radius of 25.00 feet, a central anqle of 87w57,15,,, and an }~c_length_oi_3~.3S feet, t° a point on the west ~ich~-of an~l~,, ~r~a~i'~ '' ,u.uu zee= West of, ,, measured at righ~ line of the Northwest 1/4 (NWl/4) of Section 16 (said line'also being the West right-of-way line of Seacrest Blvd.), a distance of.75.88 thence South ~7o57,15,, West _ ~_= ..... feet to a P~int; · , = =%~=ance oz 73.62 feet to a point; thence South"52"20,15,, West, a distance of 75.79:'fee~ to a poSnt; thence North S0~50'05,, West, a distance of 77;39 feet t~ a point} thence West a dasta of 253.02 feet to a POint: the~-~ ~-J~ ..,..,._L .... !nce · . i- - =rT"-, ~-~,,W= mor~n a ~lstance of 70.00 polar then=e o , ~,, . _ feet to a point the ~ 4 71 feet to a , ~ ncc wes=, a distance of S0.00 ifeet to a point- the EXHIBIT "A" (continued) Janmar Farce~ East right-of-way line of State Road No. 9; thence North 00°05'00'' East, along the East right-of-way line of State Road No. 9, a distance of 109.85 feet to a point; thence East, a distance of .- 724.55 feet more or lesS'to the point of beginning. LESS AND EXCEPT the following described parcel of land: A parcel of land lying in Section 9, and 16, Township 45 South, Range 43 East, Palm Beach county, Florida, being more particularly described as follows: From the Southeast corner oft he Southwest quarter ($W.1/4) of said Section 9, run North 90°00'00:'' West, along the South line of said Section 9, a distance of 40.00 feet to the point, of beginning of the herein described parcel 'of land; continue thence. North 97°00'00" West, a distance of 68.59 fee~; thence due South a distance of 40.00 feet; thence due East a distance of 45.88 feet to the point of curvature, of a curve concave to the Southwest having a radius of 25.D0 feet, thence Southeasterly along thearc of said feet, Blvd., East, feet; Block Plat through ~ central angle of 87057'15'', · a distance, of 38.38 toe 'point on th~ Westerly r~ght~of-way line.of Seacrest and point of tangency of said curve; thence South02o02~45" a16n~-said Weste~l~ ~ight-of~way line, a distance of 75.88 thence South 87"57'i5'' West, along the south line of Lot 10, Green Ridge, 1st.' Addition, as re~orded in 223 of the Public Records Palm Beach'County, Florida, a distance, of 73.62'feet; thence along the Nort/3 line of South 52"20'15'' West, a distance said Plat of of 75:.79 feet; thence feet; thence North thenc~ petal the S line point on the quarter (S 9; 324.0~. West of 658.62 f the i50"50'05" West, a distance of 77.39 West, a distance of 130.42 feet; North 02°02~45~ West, along a line- , ~ distance of 140.0~ "%et to'a'point.on 9;'thence North 01~3~ .~" East, along a B~d., a distance of 658.72 feet; to a the South half (S 1/2) of the Southeast quarter (SW 1/4) df said Section ~outh 89"58'45'' East, a distance of the Westerly-right-of-way line of wide road right-of-way; thence South right-of-way line, a distance- beginning.