R12-06615 "DISTRICT") currently owns and maintains the roadways and all appurtenant facilities,
16 including but not limited to sidewalks and pathways, landscaping, irrigation systems and
17 equipment, and drainage and storm water control systems and structures, within the area
18 known as Quantum Park, except for Gateway Boulevard in its entirety from High Ridge Road
19 to the westerly limits of Quantum Corporate Park, which are existing public rights of way; and
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WHEREAS, the CITY has determined that it is necessary and desirable, and in the
best interests of the citizens and residents of the CITY to enter into an Interlocal Agreement
with the DISTRICT, for the DISTRICT to dedicate all of the roadways and appurtenant
facilities, to the CITY; for the DISTRICT to assign all of the obligations relating to the street
lighting within Quantum Park from the DISTRICT to the CITY; and to transition and
ultimately transfer and remove from the DISTRICT to the CITY the obligation to perform and
pay for all costs of providing the maintenance services on the roadways and appurtenant
facilities, including the obligation for all costs associated with street lighting within Quantum
WHEREAS, the City Commission deems the execution of the Interlocal Agreement to be
S:\CA\RESO\Agreements\Reso - ILA with Quantum Park Overlay Dependent maintain roadways.doe
1 in the best interests of the citizens and residents of the City.
2
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA THAT:
5 Section 1. Each Whereas clause set forth above is true and correct and incorporated
6 herein by this reference.
7 Section 2. The City Commission hereby authorizes the Mayor and City Clerk to
8 execute an Interlocal Agreement for the Dedication and Maintenance of roadways and
9 Appurtenant Facilities Located within the Quantum Park Overlay Dependent District, a copy of
10,, which is attached hereto and made a part hereof as Exhibit "A", subject to the following:
11 conditions:
12 1. The amendment of the Interlocal Agreement to reflect that the CITY agrees to
13 repay $30,000 for FPL street lighting rather than the $52,927.50 originally proposed by the
14 DISTRICT;
15 2. Receipt of an executed copy of the Stipulation for Closure of the Publix railroad
16 crossing by August 7 2012.
17 Section 3. This Resolution shall take effect immediately upon passage.
18
19 {remainder of page intentionally left blank}
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UUM30 01 1Y.11 I Iff,"I 01 M I I
Commiss'o r Steven Holzman.,
Commissioner — Marlene Ross
ATTEST:
Jan � M. Prainito, MMC
-C Clerk
-3—
S:\CA\RESMAgreements\Reso - ILA with Quantum Park Overlay Dependent maintain roadways.doc
11111111111111111111
INTERLOCAL AGREEMENT FOR THE DEDICATION AND MAINTENANCE OF -`'
ROADWAYS AND APPURTENANT FACILITIES LOCATED WITHIN THE m
QUANTUM PARK OVERLAY DEPENDENT DISTRICT Z
This is an Interlocal Agreement, made and entered into this `day of p-1 `, h ,
2012, by and between: x.-
r �
CITY OF BOYNTON BEACH, a municipal corporation existing m
under the laws of the state of Florida, hereinafter referred to as the
"CITY" 00 0
and 0 13
0 w
Y. C.
QUANTUM PARK OVERLAY DEPENDENT DISTRICT, a -o 0
special district existing under the laws of the state of Florida,
hereinafter referred to as the "DISTRICT ". r
M m
:o r•.;
Ut
WITNESSETH:�
oa
WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes, also m
known as the "Florida Interlocal Cooperation Act of 1969 "; and o
-- i
WHEREAS, the DISTRICT is a dependant special district, a local unit of special m
purpose government organized and exiting under Florida Statutes, Chapter 189 and created by
the City of Boynton Beach, Florida through the adoption of Ordinance Number 05 -061, the ,,,
powers and responsibilities of the District being defined in said Ordinance; and
r.�
WHEREAS, the CITY is a municipal corporation of the State of Florida, the powers of
which are defined in the City's Charter and State law; and ,
rJ
WHEREAS, on February 6, 2001, the CITY and the QUANTUM PARK COMMUNITY - n
DEVELOPMENT DISTRICT (the "CDD") entered into a Maintenance Agreement, attached `u'Sr
hereto as Exhibit "A ", which established the mutual maintenance obligations associated with o3
Gateway Boulevard and High Ridge Road, both of which are public roadways within Quantum
Park; and ct�
oy
1
WHEREAS, pursuant to the terms of the Maintenance Agreement, the CDD was the 3;
entity responsible for performing the required maintenance services, and the CITY agreed to 2
reimburse the CDD for the CITY'S proportionate share thereof; and J
WHEREAS, pursuant to an agreement between the CDD and the DISTRICT, the
DISTRICT assumed the CDD'S responsibilities and performed the required maintenance
services under the Maintenance Agreement, and the CDD assigned any and all rights it has to
pursue its legal rights and remedies under the Maintenance Agreement to the DISTRICT; and
WHEREAS, on March 17, 2009, the City Commission of the CITY voted to terminate
the Maintenance Agreement, effective September 30, 2009; and
WHEREAS, the Maintenance Agreement provides that upon termination of the
Maintenance Agreement, the CITY shall perform and pay for the maintenance services described
therein; and
WHEREAS, the DISTRICT initiated conflict resolution procedures provided by the
Florida Governmental Conflict Resolution Act, Section 164 of the Florida Statutes, in an attempt
to resolve the conflict between the DISTRICT and the CITY concerning their respective
obligations for ongoing maintenance services within Quantum Park following the CITY'S
termination of the Maintenance Agreement; and
WHEREAS, the DISTRICT and the CITY have agreed to settle, compromise, adjust and
otherwise resolve the conflict between them and wish to memorialize their respective obligations
concerning the maintenance services within Quantum Park by entering into this Agreement; and
WHEREAS, it is the purpose and intent of this Agreement for the DISTRICT and the
CITY to provide for a means by which each governmental entity may exercise cooperatively its
respective powers and privileges in order to further a common goal; and
WHEREAS, the DISTRICT now owns and maintains the roadways and all appurtenant
facilities, including but not limited to sidewalks and pathways, landscaping, irrigation systems
and equipment, and drainage and storm water control systems and structures, within the area
known as Quantum Park, except for Gateway Boulevard in its entirety from High Ridge Road to
the westerly limits of Quantum Corporate Park, which are existing public rights of way; and
WHEREAS, the DISTRICT has determined that it is necessary and desirable, and in the
best interests of the DISTRICT and the health and general welfare of the owners of land within
the DISTRICT, for the DISTRICT to dedicate all of the roadways and appurtenant facilities, as
further described in Article 3 of this Agreement, to the CITY; for the DISTRICT to assign all of
the obligations relating to the street lighting within Quantum Park from the DISTRICT to the
CITY; and to transition and ultimately transfer and remove from the DISTRICT to the CITY the
obligation to perform and pay for all costs of providing the maintenance services on the
roadways and appurtenant facilities, including the obligation for all costs associated with street
lighting within Quantum Park; and
WHEREAS, the CITY has determined that it is necessary and desirable, and in the best
interests of the health, safety, and general welfare of the residents and property owners within the
CITY and the DISTRICT for the CITY to accept the dedication of all of the roadways and
appurtenant facilities, as further described in Article 3 of this Agreement; for the CITY to
assume all of all of the obligations relating to the street lighting within Quantum Park from the
DISTRICT; and to transition and ultimately transfer and remove from the DISTRICT to the
CITY the obligation to perform and pay for all costs of providing the maintenance services on
the roadways and appurtenant facilities, including the obligation for all costs associated with
street lighting within Quantum Park.
Page 2 of 11
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions,
promises, covenants and payments hereinafter set forth, the DISTRICT and the CITY agree as
follows:
ARTICLE 1— RECITALS, EXHIBITS AND EFFECTIVE DATE
1.1 Recitals and Exhibits. The foregoing recitations are true and correct and are hereby
incorporated herein by reference, and all exhibits to this Agreement are hereby deemed a
part hereof.
1.2 Effective Date. The Effective Date of this Agreement shall be the date upon which the
last of the CITY or the DISTRICT fully executes and dates this Agreement.
ARTICLE 2 — WAIVER AND REIMBURSEMENT FOR CERTAIN
MAINTENANCE SERVICES
2.1 The DISTRICT agrees to forever waive any and all rights it has, had or may have to
claim or demand reimbursement for any maintenance services provided on behalf of the
CITY; provided, however. on the Conveyance Date (hereinafter defined), the CITY shall
reimburse the DISTRICT for the cost of providing street lighting for all rights of way
within Quantum Park from October 1, 2011 through the Conveyance Date. The
DISTRICT has paid the cost of street lighting at an average monthly rate of $5,292.75. A
detail of the actual street lighting cost paid by the DISTRICT is attached hereto as
Exhibit "B ". The DISTRICT will continue to pay for these services until the
Conveyance Date. The CITY and the DISTRICT have agreed that as further
consideration for the finalization of this Agreement, the CITY shall reimburse the
DISTRICT for this expense by payment of the sum of $30,000.00 as full and complete
satisfaction of its obligations for this expense for this period, and the DISTRICT hereby
agrees to accept same.
ARTICLE 3 — DEDICATED PROPERTY, IMPROVEMENTS, RESERVATIONS AND
FUTURE DEDICATIONS
3.1 Dedicated Property and Dedication Improvements. For the purpose of transferring the
maintenance obligations associated with the roadways and appurtenant facilities
described in Exhibit "C" attached hereto (the "Dedicated Property"). the DISTRICT
hereby agrees to dedicate the Dedicated Property to the CITY and the CITY hereby
agrees to accept the dedication of the Dedicated Property; provided, however, that prior
to the Conveyance Date, the DISTRICT shall be responsible for the completion of the
infrastructure and landscape improvements detailed in Exhibits "D -1" and "D -2"
attached hereto (the "Dedication Improvements ") at the DISTRICT'S sole expense. The
Dedication Improvements are slated for completion pursuant to the DISTRICT'S Capital
Improvement Plan and /or as otherwise agreed between the DISTRICT and the CITY to
be a necessary improvement. The DISTRICT will install up to, but no more than, 30 new
Page 3 of 1 1
trees in locations to be mutually agreed upon by the DISTRICT and the CITY to replace
trees removed from landscape medians pursuant to Exhibit "D -2".
3.2 Irrigation and Landscaping Improvements to Gateway Boulevard Medians.
Commencing with the Effective Date, the DISTRICT shall have the right, but not the
obligation, to install improvements to certain landscape medians, hereinafter identified,
located on Gateway Boulevard within the boundaries of Quantum Park, including but not
limited to, an irrigation system and landscaping improvements which meet or exceed the
CITY'S standards and/or requirements. This right shall extend to the following medians,
which are identified on Exhibit "E" attached hereto: GW5, GW6, GW7, GW8, GW9,
GW 10 and GW 11. All work contemplated pursuant to this provision shall be reviewed
and approved by the CITY, and shall become the perpetual maintenance obligation of the
CITY following its installation, subject to the provisions of this Agreement.
3.3 Easement for Sidewalk/Pathway outside of Dedicated Property. The property
described in Exhibit "F" attached hereto (the "Easement Property ") contains a
sidewalk/pathway which is located outside of the Dedicated Property, but is near and
adjacent thereto. The CITY and the DISTRICT agree to execute an easement on the
Conveyance Date wherein the DISTRICT shall grant easement rights to the CITY for
purposes of access to and maintenance of the Easement Property.
3.4 Reservation for Access. The CITY acknowledges that the DISTRICT has allowed
connections to the storm water sewer conveyance system located within the Dedicated
Property pursuant to a master storm water plan and that all existing and future
connections to the storm water conveyance system are and shall be subject to the
DISTRICT'S permitting process. The CITY further acknowledges that within Quantum
Park there are certain undeveloped and developed lots which may, in the future, require a
new connection to and /or modification of the lot's connection to the drainage and/or
irrigation systems and structures which are included within the Dedicated Property.
Therefore, the CITY hereby agrees that in such event, the CITY shall grant a right of
access, temporary construction easement, or other such document or appropriate approval
for access to the Dedicated Property to accommodate the proposed construction or
modification. Any such right of access shall be granted at no cost to the CITY and only
after receipt of proof of proper permitting for the proposed improvements and
indemnification of the CITY for any damage or injury resulting from the construction
and /or modification of the improvements. The CITY further agrees that the DISTRICT
shall have a right of access to perform and comply with the maintenance requirements set
forth in Article 4 of this Agreement.
3.5 Future Dedications. The CITY and the DISTRICT have intentionally excluded from the
Dedicated Property that certain portion of the High Ridge Road right of way within
Quantum Park containing a Rail Road Spur Easement, which is more fully described in
Exhibit "G" attached hereto (the '`Rail Road Property "). The CITY and the DISTRICT
agree that in the event that the Rail Road Spur Easement is properly vacated without
reservation and the Rail Road Spur crossing and equipment are removed through
procedures and approvals granted by the appropriate governmental authorities, then the
Page 4 of 11
DISTRICT shall dedicate to the CITY and the CITY shall accept the dedication of the
Rail Road Property. Upon proper proof of the foregoing conditions and acceptance by
the CITY of same, the DISTRICT shall, within fifteen (15) days of the CITY'S written
confirmation that the foregoing conditions have been satisfied, convey to the CITY by
dedication, deed, bill of sale or other appropriate form of conveyance, any and all of the
DISTRICT'S rights and interest in the Rail Road Property, and the CITY shall accept the
Rail Road Property in its "as is" condition, free from recourse or claim against the
DISTRICT for any warranty or guarantee of condition, and shall, upon conveyance,
perpetually maintain the Rail Road Property pursuant to the requirements of Article 4
herein. The CITY shall bear no cost in the satisfaction of the foregoing conditions, nor
for the recordation of any document necessary to effectuate the requirement of this
Article 3.5.
ARTICLE 4 — MAINTENANCE REQUIREMENTS
4.1 Dedicated Property and Easement Property. Commencing with the Conveyance Date,
the CITY shall perpetually manage, operate, maintain, repair, replace and otherwise
improve all Dedicated Property and the Easement Property in accordance with the
CITY'S maintenance standards as they may be amended from time to time, and
dependent upon funding.
4.2 Irrigation. Notwithstanding the maintenance requirements set forth in Article 4.1, the
DISTRICT shall provide, at the DISTRICT'S expense, for use by the CITY, the water for
irrigation within the Dedicated Property and, if applicable, to the landscape medians
identified in Article 3.2 above, subject to the restrictions and regulations of the governing
authorities having jurisdiction over the Dedicated Property and the Gateway Boulevard
medians. The DISTRICT shall own and perpetually manage, operate, maintain, repair,
replace and otherwise improve the main irrigation line and its water source, and the CITY
shall own and perpetually manage, operate, maintain, repair, replace and otherwise
improve any and all irrigation improvements from the irrigation valve to any irrigated
Dedicated Property. The irrigation system within Quantum Park and the respective
responsibilities of the CITY and the DISTRICT are graphically depicted on Exhibit "E"
attached hereto.
4.3 Drainage. In order to further clarify the maintenance requirements set forth in Article
4.1, the CITY agrees to perpetually manage, operate, maintain, repair, replace and
otherwise improve all drainage structures, facilities and improvements located within the
Dedicated Property as well as all structures, facilities and improvements that provide for
the drainage of the Dedicated Property to the edge of the water body accepting the
drainage outfall. The drainage structures, facilities and improvements to be maintained by
the CITY pursuant to this Article 4.3 as well as those which the DISTRICT will continue
to maintain are graphically depicted on Exhibit "H" attached hereto. The DISTRICT
shall assign any and all easements running in favor of the DISTRICT for the drainage
structures, facilities and improvements identified on Exhibit "H" on the Conveyance
Date.
Page 5of11
4.4 Failure to Maintain Dedicated Property, Easement Property, Irrigation and /or
Drainage. In the event that the CITY fails to maintain the Dedicated Property, the
Easement Property and /or fails to maintain the irrigation and drainage structures as
required by this Agreement, the DISTRICT shall have the right, but not the obligation, to
maintain the foregoing improvements, at the DISTRICT'S expense. If the DISTRICT
exercises this right at any time, the DISTRICT shall not seek reimbursement from the
City for the DISTRICT'S maintenance costs. The DISTRICT'S exercise of this right at
any given time shall in no way obligate the DISTRICT to continue to perform
maintenance services, nor provide any future maintenance services.
4.5 Failure to Maintain Landscape Medians on Gateway Boulevard. In the event that the
CITY fails to maintain the landscape medians on Gateway Boulevard, which is an
existing public roadway not contained within the Dedicated Property (the "Gateway
Medians "), at the same maintenance standards as the landscape medians within the
Dedicated Property as required by this Article 4, the DISTRICT shall have the right, but
not the obligation, to maintain the Gateway Medians, at the DISTRICT'S expense. If the
DISTRICT exercises this right at any time, the DISTRICT shall not seek reimbursement
from the City for the DISTRICT'S maintenance costs. The DISTRICT'S exercise of this
right at any given time shall in no way obligate the DISTRICT to continue to perform
maintenance services, nor provide any future maintenance services.
ARTICLE 5 — ASSIGNMENT AND ASSUMPTION OF
STREET LIGHTING AGREEMENTS
5.1 Street Lighting Agreements. As of the Conveyance Date, the CITY shall assume the
responsibility for the payment of all current and future costs associated with the street
lighting within Quantum Park. There are 229 street lights within Quantum Park, the
location of which are delineated on Exhibit "I" attached hereto. The DISTRICT and the
CITY agree that, on the Conveyance Date, they shall execute an Assignment and
Assumption of those certain Street Lighting Agreements between the DISTRICT (as the
Assignee of said Street Lighting Agreements) and Florida Power & Light Company
( "FPL "). On or before the Conveyance Date, the CITY shall notify FPL of the
Assignment and provide FPL with any and all information required to transfer the billing
for all street lighting within Quantum Park to the CITY as of the Conveyance Date. In
the event that the DISTRICT is charged for any sum under the Street Lighting Agreement
following the Conveyance Date, the DISTRICT shall provide the CITY with the invoice
and the CITY shall promptly pay same.
ARTICLE 6 — COMPLETION OF DEDICATION IMPROVEMENTS, CONVEYANCE
DATE AND PROCEDURES
6.1 Completion of Dedication Improvements. Upon the completion of the Dedication
Improvements required by Article 3 of this Agreement, the DISTRICT, through its
engineer, shall notify the City Engineer, the City Attorney, and the attorney for the
DISTRICT, in writing via electronic mail or via facsimile, that the Dedication
Page 6 of 11
Improvements are complete (the "Completion Date "), and the DISTRICT and the CITY
shall then proceed as set forth in Article 6.2. In the event that a dispute arises as to the
Completion of the Dedicated Improvements, the CITY and the DISTRICT agree to
resolve the dispute in accordance with Article 9.3 of the Agreement.
6.2 Conveyance Date and Procedure. Not later than five (5) business days following of the
Completion Date, or such other date as mutually agreed to between the DISTRICT and
the CITY or as extended pursuant to the provisions of Article 6.1 (the "Conveyance
Date "), the DISTRICT and the CITY shall execute and exchange any and all
documentation required by this Agreement (the '`Conveyance Documents ") to effectuate
the conveyance of the Dedicated Property to the CITY. The Conveyance Documents
shall be exchanged at City Hall for the City of Boynton Beach, or at such other place as
the parties may agree upon. The DISTRICT shall convey by dedication, deed, bill of sale
or other appropriate form of conveyance, any and all of the DISTRICT'S rights and
interest in the Dedicated Property and the CITY shall accept the Dedicated Property in its
"as is condition, free from recourse or claim against the DISTRICT for any warranty or
guarantee of condition. The DISTRICT and the CITY shall also exchange the following
documents on the Conveyance Date, which shall be fully executed, witnessed, and
acknowledged as required: (i) the easement described in Article 3.3 of this Agreement,
(ii) the assignment of any and all drainage easements running in favor of the DISTRICT
described in Article 4.3 of this Agreement, and (iii) the assignment of the FPL Street
Lighting Agreements described in Article 5.1 of this Agreement. All of the Conveyance
Documents shall be recorded in the Public Records of Palm Beach County, Flonda, at the
DISTRICT "S expense, on the Conveyance Date or as soon as practicable thereafter. The
CITY shall deliver to the DISTRICT, the reimbursement of maintenance fees set forth in
Article 2 on the Conveyance Date. The DISTRICT shall deliver the original landscape
plans for Quantum Park to the CITY on the Conveyance Date.
6.3 Existing Bonds /Loans. Notwithstanding the foregoing provisions, the DISTRICT'S
obligation to convey the Dedicated Property is conditioned upon the DISTRICT'S receipt
of authorization from its lenders to transfer the Dedicated Property. The DISTRICT will
make a diligent effort to obtain such approval immediately upon the Effective Date of
this Agreement, and shall, at its expense, obtain and record, if necessary, any
documentation reflecting such authorization.
ARTICLE 7 - GOVERNMENTAL IMMUNITY; INDEMNIFICATION
7.1 The CITY and the DISTRICT are state agencies as defined in Chapter 768.28, Florida
Statutes. Each agrees to be fully responsible for acts and omissions of their agents or
employees to the extent permitted by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out of
this Agreement or any other contract.
Page 7 of 11
ARTICLE 8 - NOTICES
8.1 Any and all notices given or required under this Agreement, except for the notice
required by Article 6.1 as to the completion of Dedication Improvements, shall be in
writing and may be delivered in person or by United States mail, postage prepaid, first
class and certified, return receipt requested, or by hand - delivery with a request for a
written receipt of acknowledgement of delivery, addressed to the party for whom it is
intended at the place last specified. The place for giving notice shall remain the same as
set forth herein until changed in writing in the manner provided for in this article. For the
present, the parties designated the following:
TO CITY OF BOYNTON BEACH:
Lori Laverriere, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
With copy to:
James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
TO QUANTUM PARK OVERLAY DEPENDENT DISTRICT:
C/O Special District Services, Inc.
The Oaks Center
2501 -A Burns Road
Palm Beach Gardens, FL 33410
With copy to:
F. Martin Perry
Perry & Taylor, P.A.
2401 PGA Blvd., Ste. 110
Palm Beach Gardens, FL 33410
ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1 Attorney's Fees and Costs. In connection with any dispute or litigation arising out of or
in connection with this Agreement, except as otherwise indicated in this Agreement, each
party shall bear their own attorney's fees and costs.
Page 8 of 11
9.2 No Admission of Wrongdoing. The CITY and the DISTRICT recognize that this
Agreement is in the best interest of the parties. Nothing contained herein shall be
deemed an admission of liability or wrongdoing by any party. Any and all allegations of
wrongdoing and liability are hereby specifically denied.
9.3 Intergovernmental Dispute Resolution. The CITY and the DISTRICT agree that any
and all disputes arising out of this Agreement shall be resolved in accordance with the
process for resolving intergovernmental disputes, as established by Chapter 164, Florida
Statutes, entitled the "Florida Governmental Conflict Resolution Act" (the "Act "). In the
event that the Act is repealed or is amended such that the CITY and the DISTRICT are
unable or prohibited or otherwise excluded from utilizing the dispute resolution
procedures required by the Act, the CITY and the DISTRICT agree to submit any and all
disputes arising out of this Agreement which would otherwise be brought under the Act
to binding arbitration pursuant to the Florida Arbitration Code then in effect. The place of
arbitration shall be Palm Beach County, Florida. The CITY and the DISTRICT shall
attempt, by agreement, to nominate a sole arbitrator. If they fail to so nominate a sole
arbitrator within 30 days from the date when the demand for Arbitration has been
communicated by the initiating party, the arbitrator shall be appointed in accordance with
the Florida Arbitration Code. A hearing on the matter in dispute shall commence within
30 days following selection of the arbitrator, and the decision of the arbitrator shall be
rendered no later than 60 days after commencement of such hearing. An award rendered
in connection with an arbitration pursuant to this Article shall be final and binding upon
the parties, and the parties agree and consent that the arbitral award shall be conclusive
proof of the validity of the determinations of the arbitrator set forth in the award and any
judgment upon such an award may be entered and enforced in any court of competent
jurisdiction.
9.4 Venue and Governing Law. Venue for all proceedings in connection with this
Agreement shall be Palm Beach County, Florida, and all aspects of the Agreement shall
be governed by the laws of the State of Florida.
9.5 Severability. If any part of this Agreement or any other Agreement entered into pursuant
hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation,
such provision shall be inapplicable and deemed omitted to the extent so contrary,
prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall
be given full force and effect so far as possible.
9.6 Headings. The sections and paragraph headings contained in the Agreement are for
reference purposes only and shall not affect in any way the interpretation of the
Agreement.
9.7 Successors and Assigns. The terms and conditions of the Agreement shall bind, and
inure to the benefit of the CITY and the DISTRICT, and their respective successors, legal
representatives, and assigns.
Page 9 of 11
9.8 Legal Representation. The parties acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations here and that the preparation of this
Agreement has been a joint effort. The language agreed to expresses their mutual intent
and their resulting documents shall not, solely, as a matter of judicial construction, be
construed more severally against one of the parties than the other.
9.9 Amendments. No modification, amendment, or alteration of the terms or conditions
contained herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Agreement and executed by both parties.
9.10 Multiple Originals. This Agreement may be fully executed in copies by all parties,
each of which, bearing original signatures, shall have the force and effect of an original
document.
9.11 Recordation. This Agreement may be recorded by the CITY in the public records of
Palm Beach County, Florida, at the CITY's expense.
9.12 Entire Agreement. It is understood and agreed that this Agreement incorporates and
includes all prior negotiations, agreements or understandings applicable to the matters
contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, it is agreed that no deviation from the terms hereof shall
be predicated upon any prior representations or agreements, whether oral or written.
'SIGNATURE PAGE FOLLOWS ON NEXT PAGE]
Page 10 of 11
IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal
Agreement between CITY and DISTRICT on the respective dates under each signature:
the CITY, signing by and through its .1., j -f41^j - o 7 ; . /L7A,,x41; (authorized to execute
same by Commission action on the i1 day of j,,, J� , 2012 and the
DISTRICT, signing by and through its ('h.q-+rri.l,� , authorized to execute
same by Board action on thear day of S.tj -Cmher , 2012.
CITY OF BOYNTON BEACH
CITY OF : OYNTON BEACH
Attest:
. e
By o or a , A 1./.0-a-e--L
' �
CITY Clerk I da of 5 6f-{e,'b(2012
, r o \*, ,,,., i3 :', APPRO D ' TO FORM:
ri
fipii ''',PL`,,i,„„:2''' :V
By III
"...:1r: ' ity Attoy
kY z�r
QUANTUM PARK OVERLAY DEPENDENT DISTRICT
QUANTUM PARK OVERLAY
DEPENDENT DISTRICT
Attest: ,
_ By 1 _ J/ ',- , ' t
/� Chairman
Secretary 2 `f lay of aG pkCitibtv", 2012
/
APED AS TO F ',RM.
By J i z
I) istrict Couns-1
Page 11 of 11
EXHIBIT "A"
MAINTENANCE AGREEMENT
Ma'22 02 10:40a Peter Pimentel [562) 630 4923 p.2
0\ — o y�
MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT (the "Agreement ") dated this
day of January, 2001 (the "Effective Date") by and between CITY OF BOYNTON BEACH,
FL 11 RJDA, a Florida municipal corporation, with offices located at 100 E. Boynton Beach
Bo levard, Boynton Beach, Florida 33435, (hereinafter referred to as the "City"), and
QU TUM COMMUNITY DEVELOPMENT DISTRICT, a Florida Independent Special
Dis riot, with offices located at 2500 Quantum Lakes Drive, Suite 101, Boynton Beach,
Flo Ida 33426, (hereinafter referred to as "District "), provides as follows:
WHEREAS, the District was created by the City of Boynton Beach, Florida, pursuant
to e Uniform Community Development District Act of 1980 (the "Act "), Chapter 190, Florida
Stai tes, as amended, as a community development district for the purposes of managing the
acq isition, construction, maintenance and operation of a Planned Industrial Development also
kn' n as Quantum Corporate Park; and
WHEREAS, the District is providing services and benefits of infrastructure without
cha ge to, and for the benefit of, the Boynton Beach High School in Quantum Park, and such
se ices and provisions are a benefit to the Boynton Beach Community; and
WHEREAS, Gateway Boulevard and High Ridge Road North of Gateway Boulevard
(he eafter all referred to as "Gateway ") are public roads located within the District and are a
be efit to all the residents of the City; and
WHEREAS, the District has been providing the maintenance of Gateway; and
- _ - WHEREAS, -the -City has- agreed -to -take over responsibility for maintaining Gateway
su s jest and pursuant to the terms and conditions as provided for herein; and
WHEREAS, the City desires to have the District perform the required maintenance
se ices and to pay the District for such services as agreed to herein, and the District is willing
to i rovide such services pursuant to the terms and conditions as provided for herein; and
WHEREAS, the District has been providing these services since September 1, 1999, and
th= parties also wish to provide for payment to the District for those services prior to the date
he eof.
NOW, THEREFORE, in consideration of the mutual covenants, understandings and
ag eements contained herein, the City and District agree as follows:
SECTION 1
RECITALS., The above recitals are deemed true and correct and are incorporated into
s Agreement and made a part hereof.
May . 22 02 10:40a Peter Pimentel (561) 330 4923 p.3
SECTION II
DES CRIP'T`ION OF GATEWAY. The description of Gateway which is the subject of
this Agreement is described in EXHIBIT "A" attached hereto.
SECTION III
DISTRICT'S MAINTENANCE RESPONSIBILITIES., The District's maintenance
res onsibilities are as follows:
(A) The District shall provide those maintenance services to be provided for Gateway,
inc uding landscape, irrigation, drainage, and lighting ( "Improvements ") as described in
E IBIT `B" attached hereto (herein referred to as "Maintenance Services ").
(B) The Maintenance Services shall be provided by the District in a competent and
pro essionaI manner using qualified and experienced employees or contractors, with such
freg uency as is necessary and reasonable under the circumstances in order to ensure that the
Irn rovements are properly maintained and function in accordance with their intended purpose.
In . ddition, since the Improvements will require different types of maintenance, the maintenance
int; rvals and the time periods within which maintenance tasks must be performed by the District
sha 1 be flexible and adjusted periodically depending on the condition of each Improvement and
its aintenance needs.
DISTRICT'S AND CITY'S RESPONSI$ILLTIES.,
(A) The City shall provide all such cooperation and assistance as may be reasonably
re' fired for District to perform such Maintenance Services.
(B) The District shall provide a source of irrigation water adequate to meet the needs
of he Landscaping within Gateway Boulevard.
(C) The City shall pay the District for the services described herein compensation
eq al to 28.5% of the District's budget each year payable on a quarterly basis in arrears within
thi (30) days of the last day of each quarter of the fiscal year.
(D) Within five (5) days of the date hereof City shall pay District $87,361.55
re • resenting the compensation to the District for maintenance services which were performed
fr•m September 1, 1999 through September 30, 2000.
SECTION IV
C 1PLIANCE WITH VERNMENTAL REG !LATIONS. The Maintenance
Se ices to be provided by the District shall be carried out in compliance with all applicable
go en entities' laws, permits, requirements, rules, acts, orders and /or regulations.
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'May 2 2 02 10:40a Peter Pimentel (561) 630 4923 p.4
SECTION V
REMEDIE UPON DISTRICT DEFAULT. The following remedies shall apply if the
District should default in carrying out the terms and conditions of this Agreement.
(A) In the event the District should fail to comply with the terms of this Agreement,
sue failure shall be deemed a material breach of the Agreement, in which event, City shall
pro ide District with 30 days advance notice, specifying the breach.
(13) If the District, following receipt of written notification of default from City should
fail refuse or neglect to furnish any one or more of the required Services within thirty (30) days
fro said notice, then in that event, City, at its sole discretion and without further notice, may
ele t to terminate this Agreement.
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(C) If the District fails to cure the breach, City may elect to take such legal or
a tnistrative action against the District as City deems necessary in order to enforce the
Dis rict's obligation; provided, however, prior to City's initiation of any such action, City must I
pro ide thirty (30) day prior written notice to the District of the alleged default. The District,
1 .
fol wing the receipt of said notice, shall then have thirty (30) days from receipt of said notice
to a appropriate and substantive remedial action to alleviate the alleged default.
SECTION VI
REMEDIES UP ON C ITY DEFAULT If the City fails to comply with this Agreement,
the the District may declare this Agreement in default unless such default is cured within 30
da s after written notice thereof to City. Upon default, the District may terminate this
Ag eement and /or take such further actions as provided by law_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
SECTION VII
INDE
To the extent permitted by law, and without altering the District's immunity under
Se •tion 768.28, Florida Statutes, the District does hereby indemnify and hold City harmless of
an'i from any and all loss or liability that City may sustain as may result from or arise out of
the District's wrongful acts or omissions or failure to carry out its obligations under this
Agreement, with said indemnification and hold harmless to include, but not be limited to: (a)
duect costs and damages; and (b) any and all injuries and /or damages sustained by persons or
damage to property, including such reasonable attorney fees and costs (including appellate or
mediation) that may be incurred by City that relate thereto. Provided, however, it is understood
ani agreed that this Section VII does not indemnify City for loss, injury, damages or costs
which are the result of the City's wrongful acts or omissions.
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INSURANCE.
During the performance of the Services under this Agreement, the District shall maintain
the insurance policies written by an insurance company authorized to do business in Florida as
set out in EXHIBIT "C" attached.
•
SECTION VIII
TERM OF THIS AGRE t The term of this Agreement shall commence as of
the date hereof and shall remain in effect for a period of twenty (20) years (the "Initial Term ")
an• shall renew automatically for twenty (20) year Additional Terms thereafter, unless
to inated by either party in writing six (6) months prior to the expiration of the Initial Term
or n Additional Term. In addition, the City may terminate this Agreement at the end of any
fis al year, upon six (6) months prior written notice.
Upon the termination or expiration of this Agreement, the City shall thereafter be
res • onsible for performing and paying for the Maintenance Services as described herein.
SECTION IX
MISCELLANEOUS PROVISIONS.
(A) Notices. All notices, requests, consents and other communications required or
pel itted under this Agreement shall be in writing (including telex, facsimile or E -Mail
co ' unication) and shall be (as elected by the person giving such notice) hand delivered by
pre paid express overnight courier or messenger service, telecommunicated, or mailed (airmail,
if ternational) by registered or certified mail (postage prepaid), return receipt requested, to the
- - - - - -fol owing - addresses: -- - - -- - - -
-
A' TO DISTRICT: QUANTUM COMMUNITY DEVELOPMENT DISTRICT
2500 Quantum Lakes Drive #100
Boynton Beach, FL 33426
• ATT: Chairman
Telephone:(561) 740 -2447
Facsimile:(561) 740 -2429
A' TO THE CITY: CITY OF BOYNTON BEACH, FLORIDA
100 East Boynton Reach Boulevard
Boynton Beach, Florida 33435
ATT: City Manager
Telephone:(561)
Facsimile: (561)
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'May 22 02 10 :40a Peter Pimentel (561) 630 4923 p.6
If either party changes its mailing address or designated recipient for notices, such change
sha l be communicated in writing to the other party within thirty (30) days of the change.
(B) Entire Agreement. This Agreement represents the entire understanding and
agp - meet between the parties with respect to the subject matter hereof.
(C) Binding Effect. All of the terms and provisions of this Agreement, whether so
exp essed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties
and their respective legal representatives, successors and permitted assigns.
(D) Assignability. This Agreement may not be assigned without the prior written
co .ent of all parties to this Agreement, provided such consent may not be unreasonably
wit eld.
(E) Severability. If any part of this Agreement is contrary to, prohibited by or
de . ed invalid under applicable Iaw or regulation, such provision shall be inapplicable and
de :. ed omitted to the extent so contrary, prohibited invalid, but the remainder hereof shall
not be invalidated thereby and shall be given full force and effect so far as possible.
(F) Governing Law and Venue. This Agreement and all transactions contemplated
by this Agreement shall be governed by, construed and enforced, in accordance with the laws
of e State of Florida without regard to any contrary conflicts of laws principle. Venue of all
pro ceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and
ea• party hereby waives whatever their respective rights may have been in the selection of
ve ue.
(G) Time of the Essence. Time is of the essence with respect to this Agreement.
(H) Headings. The headings contained in this Agreement are for the convenience of
re •rence only, and shall not limit or otherwise affect in any way the meaning or interpretation
of his Agreement.
(I) Right of Remedies. The failure of any party to insist on a strict performance of
an of the terms and conditions hereof shall be deemed a waiver of the rights of remedies that
tho party may have regarding that specific instance only, and shall not be deemed a waiver of
an subsequent breach or default in any terms and conditions.
(J) Construction. The parties acknowledge that each has shared equally in the
dr. fting and construction of this Agreement and, accordingly, no Court construing this
ag eement shall construe it more strictly against one party than the other, and every covenant,
to and provision of this Agreement shall be construed simply according to its fair meaning.
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(K) Counterparts. It is understood by all parties that this Agreement may be signed
in counterparts, each counterpart serving as an original and facsimile copies of this Agreement
and any signatures thereon shall be considered for all purposes as originals.
(L) Effective Date. This Agreement shall be effective as of the date that it is signed
by ill parties hereto.
(M) Attorneys Fees. In the event a dispute should arise out of this Agreement, the
paries agree that the prevailing party in any such dispute shall be entitled to recover reasonable
attc rney's fees and costs, including any such fees and costs incurred at any trials or appellate
levels.
Signed, sealed and delivered in the
presence of the following witnesses
as - the CITY: CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
profit corp ation
„tia cci 5� � BY:
Oo (sIgatur) Title: nhvYO.e.
(print name)
( gnature)
t/j ; `Afe' , S� R �/ .-- APPROVED AS TO FORM:
glint-flame)
Cl ATTORNEY
Signed, sealed and delivered in the
presence of the following witnesses
as to the DISTRICT: QUANTUM COMMUNITY
DEVELOPMENT DISTRICT, a Florida
Independent Special District
.76297/7k %) //
BY: ( tu) % • tle• C` //a' /'-- l •
l erg -. g rY6>. -1
(print .me)
15ignature)
/4 n--e.y /N/?K/
(p lint name)
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'May 22 02 10:41a Peter Pimentel (561 ] 630 4923 p. 9
ST • TE OF FLORIDA )
ss:
CO Y OF PALM BEACH )
I h:reby certify that the foregoing instrument was acknowledjed before me this 0 day
of 2 ,) , : , 2009 by 7 elezhlc/ Aze.. ` as Giara4e ' of The City of Boynton
B - • h, Florida a municipal corporation on behalf of the municipality(lie /She is personally
km n to me r has produced as identification and did i not take an
oat .
Sign: )4 -r< et, ey
Notary Public
Print: .GYPr Barbara M. Madden
z ° •� Commission #CC 760467
' Expires July 19, 2002
My commission expires: r OF £TCMRIC EOND NG CO.. INC.
ST • TE OF FLORIDA
ss:
C I LINTY OF PALM BEACH )
I h • reby certify that the foregoing instrument was acknowledged before me this fo day
of „ • , 20011, by11itm -5 Nh.Gi i(icud�as President of Quantum Community
- - - - - - - -- De elopment 1 strict, a Florida Independent Special District, on behalf_ of the District.
He She is personally known to me • . • • - - - - - • • •
• -- f did-rtat) take an oath.
Sign � • /�
o tary Public
Pri .. ine-+ M • Pro n ;4o
My commission expires: • ----- Y i
JANETM.PRAINIrO
Rey MY COMMISSION 1 CC 753915
EXPIRES: August 27, 2002
Rfr.
Bond odThroNedrypuNbu ndontil an
•
f :1 ,docslltdlagreement \gcdd.mnt
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'May 22 02 10:41a Peter Pimentel [5611 630 4923 p.9
EXHIBIT "A"
DESCRIPTION OF "GATEWAY"
I. GATEWAY BOULEVARD
Gateway Boulevard, f/k/a/ N.W. 22n Avenue, as shown adjacent to and laid out on the i
Plats of Quantum Park at Boynton Beach, Florida, as follows:
P a Book Pages
Quantum Park at Boynton Beach P.I.D. Plat No. 1 57 182 and 183
Quantum Park at Boynton Beach P.I.D. Plat No. 2 57 184 and 185
Quantum Park at Boynton Beach P.I.D. Plat No. 3 60 29, 30 & 31
Quantum Park at Boynton Beach P.I.D. Plat No. 4 57 186, 187 & 188
Quantum Park at Boynton Beach P.I.D. Plat No. 6 57 191, 192 & 193
Quantum Park at Boynton Beach P.I.D. Plat No. 8 57 196 and 197
Quantum Park at Boynton Beach P.I.D. Plat No. 9 60 32 and 33
All of the above noted plats are recorded in the Public Records of Palm Beach County,
Florida.
II. SIGH RIDGE ROAD (North of GATEWAY BOULEVARD)
All of Tract "C ", as shown on the plat of Quantum Park at Boynton Beach, P.I.D. Plat
No. 8, as recorded in Plat Book 57, Pages 196 and 197, of the Public Records of Palm
Beach County, Florida.
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EXHIBIT "B"
MAINTENANCE SERVICES
Th Maintenance Services to be provided for the improvements shall, as applicable, be as
foI i ws:
1. The provision of all utilities, including but not limited to electricity, water
(ei er potable or reuse, as may be appropriate and authorized), sewer, telephone, trash
col ection, trash disposal, and gas to the extent required to be used, expended or available
for the proper operation and maintenance of an improvement.
2. The provision of fertilizer, mulch, edging, hedging, mowing, trimming,
thi ping, weeding and pesticide treatment services as may be necessary and appropriate for
1. dscape improvements, including but not limited to trees, shrubs and ground cover,
to: ether with their replacement with comparable and suitable landscaping if diseased, dying
or u ead.
3. The provision of maintenance, repair and/or replacement services for
la dscape irrigation system components, including but not Limited to sprinkler heads,
wi ing and controllers, piping, valves and reuse water signage, all of which shall be done
in ? ccordance with specifications to be provided to District for approval at the time of the
Ci y's initiation of Maintenance Services for same.
4. The provision of cleaning and painting services for Entry Features,
m ' numents and related special signs, including traffic signs where applicable.
S. The provision of maintenance, repair and /or replacement services to accent
liv ting fixtures, including bulbs.
6. The provision of all personnel and equipment necessary in order to provide
th • above described Maintenance Services.
7. Wetland maintenance and monitoring, if applicable.
8. See attached supplemental requirements and specifications, if any.
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' 'May 22 02 10 :42a Peter Pimentel (561] 630 4923 p.11
GENERAL REQUIREMENTS AND SPECIFICATIONS
LANDSCAPE MAINTENANCE PROGRAM
1. SCOPE OF WORK:
1. Grass Moving. All grass and ground cover, in unmulched beds shall be
mowed as often as necessary to maintain a maximum height of four (4)
inches.
2. Mulching. Mulch chips, single chip size, free of weed seeds and other
deleterious materials and suitable for top dressing shall be used as required
to maintain beds at a minimum depth of three (3) inches. Mulch shall not be
shreds.
3. Pruning. Plans, awkward in shape, diseased, insect infested or which have
dead parts or may cause a safety hazard shall be pruned on an as- needed
basis, as scheduled for the District.
4. Insect and Disease Control. All insect and disease problems will be diagnosed
by a qualified horticulturist and effectively treated.
5. Weed Control. Weeds in all plant beds shall be controlled either
mechanically, chemically or by a combination of both.
6. Wetland Maintenance. Provide all maintenance and monitoring of all
applicable wetland areas including, but not limited to all submerged areas,
all drainage ditches and /or surface water ponds, and sand pine preserve or
- other preserve_areas as required to comply with all applicable governmental
regulations relative to the same. f
2. SPECIFICATIONS AND MINIMUM STANDARDS:
A. Insect. Disease and Weed Control:
1. The District or its Contractor shall use only pesticides and herbicides
approved by governmental regulatory agencies. All chemicals must be used
according to label instructions. The District or its Contractor will be liable
for any penalty, fine or damages resulting from the misuse of any chemicals.
2. The District or its Contractor shall provide at Ieast one certified
commercial applicator for the Work (Chapter 10D -54 and Chapter 100 -55
Florida Administrative Code pursuant to chapter 482 of the Florida Statutes)
in the Lawn and Ornamental category.
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1 ' 22 02 10:42a Peter Pimentel 1531) G30 4923 p.12
3. The District or its Contractor will select the most effective and
environmentally safe herbicides and application techniques available. District
reserves the right to approve of the herbicides and application techniques.
4. Application shall be performed in such a manner as to protect non - target
areas and the public.
5. The District or its Contractor shall use due care to avoid damage to
adjacent lawns, golf courses and upland plantings and be solely responsible
for any damage incurred while performing work.
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6. The District or its Contractor will use application techniques that will
minimize drift onto non- target vegetation.
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'May 22 02 10:42a Peter Pimentel [561) 630 4323 p.13
MINIMUM
IRRIGATION SYSTEM REQUIREMENTS
• Sprinkler System Inspection - District shall:
* (A) Operate and inspect the sprinkler system once a month and promptly correct
any damage, malfunction or other problems:
* (B) Calibrate the sprinkler system during the same time the system is normally
run, so that water pressures are similar. I j
* (C) Set time clocks on automatic sprinkler systems or time manual systems for
applying the proper amount of water.
* (D) Avoid mixing sprinkler head types. Mist heads apply more water than .
impact heads. Match sprinkler heads for uniform coverage.
• (E) Check the sprinkler system frequently. Replace broken sprinkler heads,
clear clogged nozzles and adjust the directions of spray.
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,
EXHIBIT "C"
INSURANCE REQUIREMENTS
1
• Below is shown the MINIMUM acceptable insurance to be carried under this Agreement: �
I. Commercial General Liability i
(A) Bodily Injury Limit:
$1,000,000 Each Occurrence * 1
$1,000,000 Annual Aggregate *
1
Property Damage Limit:
' $1,000,000 Each Occurrence *
$1,000,000 Annual Aggregate *
(B) or a Combined Single Limit of Bodily Injury and Property Damage:
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate *
(C) The Commercial General Liability shall include Contractual Liability.
* (not no less than twice the amount of sovereign immunity as the same may
change from time to time.)
II. Comprehensive Automobile Liability:
-- - -- -- --
- - -- - - - - -- - -
(A) Bodily Injury Limit: - - - -- - -- - - - - - - - - - - - -- - - - -�
$ 500,000 Each Person
$1,000,000 Each Occurrence *
Property Damage Limit:
$500,000 Each Person
(B) or a Combined Single Limit of Bodily Injury and Property Damage:
$1,000,000 Each Person *
$1,000,000 Each Occurrence *
* (not no less than twice the amount of sovereign immunity as the same may
change from time to time.)
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III. Workers Compensation Statutory Limits
and $100,000 Each Accident
$500,000 Disease - Policy Limit 1
Employers Liability $100,000 Disease -Each Employee
IV. Umbrella Excess Liability Insurance: 1
(A) $1,000,000 Each Occurrence *
$1,000,000 Annual Aggregate *
(I3) The aforementioned umbrella coverage shall be no more restrictive
than coverage required for the underlying policies.
* (but no less than twice the amount of sovereign immunity as the same may
change from time to time.)
► V. Notice of Cancellation:
The Insurance afforded above may not be terminated or reduced unless thirty
(31) days prior written notice of such termination or reduction is mailed to the District
(u less terminated for non - payment, in which event ten (10) days notice is required).
VI. Insurance Certificate:
The City and the Quantum Park Property Owners Association, Inc. shall be
li ed as an additional insured for the above Commercial and Umbrella Liability Insurance
- - - -co erage and a certificate of_ insurance_ reflecting same shall be delivered to the City, which
ce ificate of insurance shall be updated on a continuing basis throughout the Term of this
A eement.
-Page 14-
EXHIBIT B
Quantum Park Overlay Dependent District
Street Lighting Expenses
October 1, 2011 through March 6, 2012
Date Vendor Memo Amount
512 500 Maintenance Reserve
10/06/2011 FPL Acct# 29632 -22126 (9/7/11 - 10/6/11), prorated $ 1,117 16
10/31/2011 FPL Acct# 29632- 22126 (10/7- 11/4/11) $ 5,399 63
12/13/2011 FPL Acct# 29632 -22126 Svc 11/4- 12/6/11 $ 5,399 63
01111/2012 FPL Acct# 29632 -22126 Svc 12/6- 1/6/12 $ 5,296 48
02/13/2012 FPL Svc 1/6- 2/6/12 $ 5,296 48
02/29/2012 FPL Acct# 29632 -22126 (2/06/12- 3/6/12) $ 5,189 35
Total 512 500 Maintenance Reserve Subtotal $ 27,698 73
TOTAL STREET LIGHT EXPENDITURE $ 27,698 73
Total Number of Days 157
Cost per Day $ 176 43
AVERAGE MONTHLY COST, BASED ON 30 -DAY MONTH $ 5,292.75
Proration Calculation
$ 5,399 63 Total Amount, FPL Invoice dated 10/06/2011
29 Days of Service, 9/7/11 through 10/6/2011
$ 186 19 Cost per day
$1,117.16 Cost for 6 Days, 10/1/11 through 10/6/2011, this amount is shown above
Page 1 of 1
EXHIBIT "C"
DEDICATED PROPERTY
ANY AND ALL PIPES, STRUCTURES, CONDUITS, WIRES, SIGNS, IRRIGATION
EQUIPMENT, POLES, PAVEMENT, CURBING, BRIDGE STRUCTURES, SIDEWALKS,
ASPHALT PATHWAYS, LANDSCAPING, FIXTURES AND IMPROVEMENTS OF ANY
KIND, IN UPON, OR CONNECTED TO THE FOLLOWING PROPERTY:
FOR QUANTUM BOULEVARD:
Parcel 1:
ALL OF TRACT "C" AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO. 1 -A, AS RECORDED IN PLAT BOOK 57, AT PAGES 180 AND 181, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
Parcel 2:
ALL OF TRACT "B ", AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO.1 AS RECORDED IN PLAT BOOK 57, AT PAGES 182 AND 183, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
Parcel 3:
ALL OF TRACT "B ", AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO. 2, AS RECORDED IN PLAT BOOK 57, AT PAGES 184 AND 185, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
Parcel 4:
ALL OF TRACT "B ", AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO. 6, AS RECORDED IN PLAT BOOK 57, AT PAGES 191, 192 AND 193, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND THE FOLLOWING FOR QUANTUM LAKES DRIVE:
Parcel 5:
ALL OF TRACT "E ", AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO. 6, AS RECORDED IN PLAT BOOK 57, AT PAGES 191, 192 AND 193, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
Page 1 of 7
AND THE FOLLOWING FOR PARK RIDGE BOULEVARD:
Parcel 6:
ALL OF TRACT "F ", AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH,
P I.D. PLAT NO. 4, AS RECORDED IN PLAT BOOK 57, AT PAGES 186, 187 AND 188, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND THE FOLLOWING FOR ALPHA DRIVE AND BETA DRIVE:
Parcel 7:
ALL OF TRACT "A ", TOGETHER WITH ALL OF TRACT "B', AS SHOWN ON THE PLAT,
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10, AS RECORDED IN PLAT BOOK
60, AT PAGES 34, 35 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
AND THE FOLLOWING FOR HIGH RIDGE ROAD:
Parcel 8:
ALL OF TRACT "C ", AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH,
P.I.P. PLAT NO. 6, AS RECORDED IN PLAT BOOK 57, AT PAGES 191, 192 AND 193 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
Parcel 9:
ALL OF TRACT "C ", AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO. 5, AS RECORDED IN PLAT BOOK 57, AT PAGES 189 AND 190 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
Parcel 10:
ALL OF TRACT "Y" AND "G ", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON
BEACH, P.I.D. PLAT NO, 4, AS RECORDED IN PLAT BOOK 57, AT PAGES 186, 187 AND 188 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
Parcel 11:
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
COUNTY OF PALM BEACH, STATE OF FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE WEST 40.00 FEET OF THE NORTHWEST ONE - QUARTER (N.W. 1/4) OF SAID SECTION 21,
BOUNDED AS FOLLOWS:
Page 2 of 7
ON THE NORTH: BY A LINE 421.37 FEET (AS MEASURED AT RIGHT ANGLES TO) AND
PARALLEL WITH THE EXISTING NORTH RIGHT -OF -WAY LINE OF THE BOYNTON CANAL,
C -16, AS SAID RIGHT -OF -WAY LINE IS DESCRIBED IN DEED RECORDED IN OFFICIAL
RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY;
ON THE SOUTH: BY A LINE 367.49 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES
TO) AND PARALLEL WITH THE NORTH RIGHT -OF -WAY OF SAID BOYNTON CANAL, C -16;
ON THE EAST: BY A LINE 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES
TO) AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE - QUARTER (N.W. 'A)
OF SAID SECTION 21
IT IS INTENDED THAT THE NORTH LINE, THE EAST LINE AND THE SOUTH LINE OF THIS
PARCEL BE A COMMON LINE RESPECTIVELY TO:
THE WESTERLY EXTENSION OF THE NORTH LINE, THE WEST LINE, AND THE WESTERLY
EXTENSION OF THE SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE J.
AND HARRIET GOULD AND DESCRIBED AS PARCEL "D" IN DEED RECORDED IN OFFICIAL
RECORD BOOK 5139, PAGE 0153.
TOGETHER WITH:
Parcel 12:
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
COUNTY OF PALM BEACH, STATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE WEST 40.00 FEET OF THE NORTHWEST ONE - QUARTER (N.W. 1/4 ) OF SAID SECTION 21,
LYING NORTH OF THE NORTH RIGHT -OF -WAY LINE OF THE BOYNTON CANAL (A
PERPETUAL EASEMENT) ACQUIRED BY THE CENTRAL AND SOUTHERN FLOOD CONTROL
DISTRICT AS RECORDED IN OFFICIAL RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC
RECORDS OF SAID COUNTY, AND SOUTH OF A LINE 367.49 FEET NORTH OF (AS
MEASURED AT RIGHT ANGLES) TO THE SAID NORTH RIGHT -OF -WAY LINE, SAID LINE
ALSO BEING THE NORTH LINE OF THAT CERTAIN PARCEL CONVERYED TO CURT G. JOA-
INC., AS DESCRIBED IN A DEED RECORDED IN OFFICIAL RECORDS BOOK 1711, PAGE 371
OF THE PUBLIC RECORDS OF SAID COUNTY.
AND THE FOLLOWING FOR THE TRI -RAIL ACCESS ROAD:
Parcel 13:
A PARCEL OF LAND SITUATE IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 WEST,
PALM BEACH COUNTY, FLORIDA, ALSO BEING A PORTION OF TRACTS 90 AND 91 OF THE
PLAT OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 8, AS RECORDED IN PLAT
BOOK 57, AT PAGES 196 AND 197 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 90; THENCE SOUTH 86° 35' 25"
WEST, ALONG THE SOUTH LINE OF SAID TRACT. SAID LINE ALSO BEING THE NORTH
Page 3 of 7
LINE OF TRACT 91, A DISTANCE 666.47 FEET, THENCE SOUTH 35° 46' 19" WEST, A
DISTANCE OF 38.76 FEET TO A POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 566.00 FEET AND A CENTRAL ANGLE OF 10°
08' 06" (A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 74° 57' 15" EAST),
SAID CURVE ALSO BEING THE NORTH RIGHT -OF -WAY LINE OF HIGH RIDGE ROAD
(TRACT C OF SAID PLAT); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 100.12 FEET TO A POINT ON A NON - TANGENT LINE; THENCE SOUTH 59° 17'
44" EAST, A DISTANCE OF 28.04 FEET TO A POINT ON A LINE 50 FEET NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF SAID TRACT 90; THENCE NORTH 86° 35' 25" EAST,
ALONG SAID PARALLEL LINE, A DISTANCE OF 699.02 FEET TO A POINT ON THE EAST LINE
OF SAID TRACT 90; THENCE SOUTH 00° 30' 27" EAST, ALONG SAID EAST LINE, A
DISTANCE OF 50.06 FEET TO THE POINT OF BEGINNING.
AND PART OF LOTS 9, 10 & 27 FOR QUANTUM BOULEVARD ROUNDABOUT:
Parcel 14:
A PORTION OF LOTS 9 AND 10 OF "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO
2 ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND
185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF
LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, P T.D. PLAT NO 3 ", AS RECORDED IN
PLAT BOOK 60, PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORDS, FLORIDA;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 27 OF "QUANTUM PARK AT
BOYNTON BEACH, P.T.D. PLAT NO 3 ", AS RECORDED IN PLAT BOOK 60, PAGES 29
THROUGH 31, PALM BEACH COUNTY RECORDS, FLORIDA, THENCE N.09° 05' 43 "E , ALONG
THE WEST RIGHT -OF -WAY LINE OF QUANTUM BOULEVARD, FOR 53.84 FEET TO THE
POINT OF BEGINNING, BEING POINT "A ", THENCE N.39° 20' 38 "W., FOR A DISTANCE OF
6.68 FEET; THENCE N.09° 05' 43 "E., FOR A DISTANCE OF 73.87 FEET, THENCE N.56° 29' 36 "E.,
FOR A DISTANCE OF 6.79 FEET TO POINT "B"; THENCE S.09° 05' 43 "W , ALONG THE WEST
RIGHT -OF -WAY LINE OF QUANTUM BOULEVARD, FOR A DISTANCE OF 82.90 FEET TO
SAID POINT "A ", BEING THE POINT OF BEGINNING
TOGETHER WITH,
COMMENCING AT SAID POINT "B"; THENCE N 62° 46' 53 "E., FOR A DISTANCE OF 124.10
FEET TO POINT "C ", BEING THE POINT OF BEGINNING; THENCE S.40° 56' 24 "E., FOR A
DISTANCE OF 95 33 FEET; THENCE S.09° 05' 43 "W., FOR A DISTANCE OF 108.00 FEET;
THENCE S.59° 07' 04 "W , FOR A DISTANCE OF 95.38 FEET TO A POINT ON THE ARC OF A
CIRCULAR CURVE TO THE LEFT; AT WHICH THE RADIUS POINT BEARS N 80° 44' 14 "W.;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, ALONG THE EAST RIGHT -
OF -WAY LINE OF SAID QUANTUM BOULEVARD, SAID ARC HAVING A RADIUS OF 6987 50
FEET AND CENTRAL ANGLE OF 00° 09' 59 ", FOR AN ARC DISTANCE OF 20.28 FEET TO A
POINT OF TANGENCY; THENCE N 09° 05' 43 "E., CONTINUING ALONG SAID EAST LINE, FOR
A DISTANCE OF 210.23 FEET TO POINT "C ", BEING THE POINT OF BEGINNING
Page 4 of 7
AND A DRAINAGE EASEMENT ACROSS LOT #90 (TRI -RAIL)
Parcel 15:
BEING A PORTION OF LOT 90, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 8,
PLAT BOOK 57, PAGES 196 AND 197, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 90, RUN THENCE SOUTH 86° 35'
25" WEST ALONG THE SOUTH LINE OF SAID LOT 90, A DISTANCE OF 288 99 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 86° 35' 25"
WEST, A DISTANCE OF 25.00 FEET, THENCE NORTH 03° 26' 51" WEST, A DISTANCE OF
499 96 FEET; THENCE SOUTH 08° 33' 11" WEST, A DISTANCE OF 109.16 FEET; THENCE
NORTH 21° 24' 48" EAST, A DISTANCE OF 71.05 FEET; THENCE NORTH 88° 24' 22" WEST, A
DISTANCE OF 253.38 FEET TO A POINT ON THE WEST LINE OF SAID LOT 90; THENCE
NORTH 21° 57' 58" EAST ALONG SAID WEST LINE, A DISTANCE OF 26 67 FEET; THENCE
SOUTH 88° 24' 22" EAST, A DISTANCE OF 279.68 FEET; THENCE SOUTH 21° 24' 48" WEST, A
DISTANCE OF 99.95 FEET; THENCE SOUTH 08° 33' 1 1" EAST, A DISTANCE OF 103.13 FEET;
THENCE SOUTH 03° 27' 07" EAST, A DISTANCE OF 501.53 FEET TO THE POINT OF
BEGINNING.
AND A 12 FOOT DRAINAGE EASEMENT ACROSS LOT #13:
Parcel 16:
A STRIP OF LAND 12 FEET IN WIDTH BEING A PORTION OF LOTS 13 AND 14 ACCORDING
TO THE PLAT OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, AS RECORDED
IN PLAT BOOK 57, PAGES 184 AND 185, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE NORTH 71° 00' 00"
WEST ALONG THE SOUTH LINE OF SAID LOT 13 A DISTANCE OF 22.62 FEET; THENCE
DEPARTING SAID SOUTH LINE NORTH 01° 16' 01" EAST A DISTANCE OF 170.61 FEET;
THENCE NORTH 75° 20' 02" WEST A DISTANCE OF 310.33 FEET TO A POINT LYING ON THE
WESTERLY LINE OF SAID LOT 13 AND THE WESTERLY TERMINUS OF THIS DESCRIPTION.
LESS THE FOLLOWING:
PART OF PARK RIDGE BOULEVARD FOR SCHOOL:
Parcel 17:
THAT PORTION OF PARK RIDGE BOULEVARD TRACT "F" OF QUANTUM PARK AT
BOYNTON BEACH P.I.D. PLAT NO. 4, ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA RECORDED IN PLAT BOOK 57, PAGE 186, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Page 5 of 7
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 53, THENCE ALONG THE EASTERLY
RIGHT -OF -WAY OF SAID PARK RIDGE BOULEVARD TRACT "F" FOR THE FOLLOWING
COURSES:
THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF
5752.40 FEET, WHERE THE RADIAL LINE BEARS S86° 52' 47 "W, THROUGH A CENTRAL
ANGLE OF 03° 09' 49" FOR 317.63 FEET TO A POINT OF TANGENCY; THENCE S00° 02' 38 "W
FOR 300.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 536.77 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 89° 12' 52" FOR 835 80 FEET;
THENCE DEPARTING SAID EASTERLY RIGHT -OF -WAY, S01° 09' 05 "W FOR 124.63 FEET TO
THE WESTERLY RIGHT -OF -WAY OF ALPHA DRIVE TRACT "A" OF SAID QUANTUM PARK
AT BOYNTON BEACH P.I.D. PLAT NO. 10; THENCE ALONG SAID WESTERLY RIGHT -OF-
WAY, N42° 53' 48 "W FOR 34 76 FEET TO THE WESTERLY RIGHT -OF -WAY OF SAID PARK
RIDGE BOULEVARD TRACT "F" BEING A CURVE CONCAVE TO THE NORTHEAST, HAVING
A RADIUS OF 636 77 FEET, WHERE THE RADIAL LINE BEARS NO3° 03' 13 "E;
THENCE ALONG SAID WESTERLY RIGH -OF -WAY FOR THE FOLLOWING COURSES:
THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 86° 59' 23" FOR 966.78 FEET TO A POINT OF TANGENCY; THENCE N00° 02' 36 "E
FOR 300.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 5652.40 FEET; THENCE NORTHERLY ALONG SAID CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 06° 27' 17" FOR 636.77 FEET;
THENCE DEPARTING SAID WESTERLY RIGHT -OF -WAY, N90° 00' 00 "E FOR 100.62 FEET TO
THE EASTERLY RIGHT -OF -WAY OF SAID PARK RIDGE BOULEVARD TRACT "F ", BEING A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 5752.40 FEET, WHERE THE
RADIAL LINE BEARS S83° 42' 03 "W; THENCE SOUTHERLY ALONG SAID RIGHT -OF -WAY
AND CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 03° 10' 44" FOR 319.17 FEET
TO THE POINT OF BEGINNING.
PART OF TRACT "E" (QUANTUM LAKES DRIVE):
Parcel 18:
BEING THAT PORTION OF TRACT E, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT
NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LYING WITHIN LOTS 100 AND 101, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.
6 REPLAT NO. 1, PLAT BOOK 94, PAGE 176, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PART OF TRACT `B" (2 LANES - QUANTUM BOULEVARD):
Parcel 19:
A PORTION OF TRACT "B" OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND
185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Page 6 of 7
BEGINNING AT THE SOUTHEAST CORNER OF LOT 24 OF QUANTUM PARK AT BOYNTON
BEACH, P.I D. PLAT NO. 3, AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31, PALM
BEACH COUNTY RECORDS, FLORIDA; THENCE S12° 34' 13 "W, ALONG THE WEST RIGHT -
OF -WAY LINE OF QUANTUM BOULEVARD, FOR 133 91 FEET; THENCE S77° 25' 47 "E, FOR
50.00 FEET (THE NEXT 3 COURSES BEING ALONG THE CENTERLINE OF QUANTUM
BOULEVARD); THENCE N12° 34' 13 "E, FOR 276.91 FEET TO A POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE LEFT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
HAVING A RADIUS OF 6937.50 FEET AND A CENTRAL ANGLE OF 03° 28' 30 ", FOR 420.76
FEET TO A POINT OF TANGENCY; THENCE N09° 05' 43 "E, FOR 9 51 FEET TO POINT "A ";
THENCE N39° 20' 38 "W, FOR 66.82 FEET (THE NEXT 3 COURSES BEING ALONG THE WEST
RIGHT -OF -WAY LINE OF QUANTUM BOULEVARD); THENCE S09° 05' 43 "W, FOR 53.84 FEET
TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6887.50 FEET AND A
CENTRAL ANGLE OF 03° 28' 30 ", FOR 417.73 FEET TO A POINT OF TANGENCY, THENCE S12°
34' 13 "W, FOR 143.00 FEET TO THE POINT OF BEGINNING
TOGETHER WITH,
COMMENCE AT SAID POINT "A" (THE NEXT 3 COURSES BEING ALONG THE CENTERLINE
OF QUANTUM BOULEVARD); THENCE N09° 05' 43 "E, FOR 173.21 FEET TO POINT `B ", BEING
THE POINT OF BEGINNING; THENCE CONTINUE N09° 05' 43 "E, FOR 97.28 FEET TO A POINT
OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 500.00 FEET
AND A CENTRAL ANGLE OF 58° 39' 14 ", FOR 511.85 FEET, THENCE N22° 15' 03 "W, RADIAL
FROM THE CENTER OF THE NEXT DESCRIBED CIRCULAR CURVE TO THE LEFT, FOR 50.00
FEET (THE NEXT 2 COURSES BEING ALONG THE WEST RIGHT -OF -WAY LINE OF
QUANTUM BOULEVARD); THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 550.00 FEET AND A CENTRAL ANGLE OF 58° 39'
14 ", FOR 563 04 FEET TO A POINT OF TANGENCY; THENCE S09° 05' 43 "W, FOR 143.26 FEET;
THENCE N56° 29' 36 "E, FOR 67.93 FEET TO POINT "B ", BEING THE POINT OF BEGINNING.
ALL THE ABOVE DESCRIBED LANDS ARE SITUATED IN THE CITY OF BOYNTON
BEACH, PALM BEACH COUNTY, FLORIDA.
Page 7 of 7
EXHIBIT D - 1
DEDICATED IMPROVEMENTS
ITEM
NUMBER DESCRIPTION OF ITEMS TO BE COMPLETED
1 o Concrete Sidewalk and Asphalt Pathway Construction
1 1 Quantum Boulevard: Install 5 -foot wide concrete sidewalk in R/W on west side of Quantum Boulevard from
Gateway Boulevard on the north to Quantum Lakes Drive on the south.
1 2 Quantum Lakes Drive Install 5 -foot wide concrete sidewalk in R/W on north side of Quantum Lakes Drive
from Quantum Boulevard on the east to Gateway Boulevard on the west.
1.3 Quantum Lakes Drive: Removal of paver brick crosswalk in Right -of -Way.
2.0 Trimming and Removal of Landscape Island Trees
2 1 District shall perform a one time pruning and removal of trees in the Dedicated Properties prior to
conveyance according to the Schedule identified as Exhibit D -2. This shall include the filling of any
depressions in the median and swale areas that may result from the removal of trees.
3.0 Irrigation Pipeline Improvements
3.1 Quantum Boulevard: QPODD to provide irrigation water supply to landscaped medians (two) west of LWDD
E -4 Bridge.
District shall perform and City shall observe a "wet test" of the irrigation system for each landscaped median
3 2 within the Dedicated Property.
EXHIBIT D -1
Gerlica, Inc.
Page 1 of 1 May 2012
EXHIBIT D -2
SCHEDULE OF TREES TO BE REMOVED AND TO BE PRUNED
Island Tree _ Trees; To Be Pruned Trees; To Be Removed
Designation Type Left Median Right Left Median Right
QB-1 None 0 0 0 0 0 0 _
11 -1 Seagrape 0 0 0 0 0 0
11 -1 Live Oak 0 0 0 0 0 1
11 -2 Seagrape 0 0 0 0 3 0
11 -2 Live Oak 0 0 0 0 0 0
6 -2 Royal Palms 0 0 0 0 0 0
5-2 _ Seagrape 0 0 0 0 9 0
5 -2 ? ?? -Dead 0 0 0 0 1 0
5 -2 Pink Tabibuia 0 0 0 0 5 0
5 -2 Seagrape 0_ 0 0 0 1 0
11 -3 Seagrape 0 0 0 0 1 0
5 -7 Java Plum 0 0 0 0 0 1
T 5 -6 Seagrape 0 0 0 0 4 0
5 -6 Live Oak 0 1 0 I 0 1 0 0
4 -4 Seagrape 0 0 0 0 4 0
4 -4 Java Plum 0 0 0 0 2 0
4 -6 Washingtonia 0 0 0 0 1 1 0
4 -6 Live Oak 0 0 2 0 0 0
1 -1 Mahogany 0 0 0 0 2 0
3 -5 Royal Palms Only 0 0 0 0 0 0
10 -1 Black Olive 0 0 0 3 0 0
9 -2 Ligustrom 0 0 t 0 0 1 0
_ 9 -2 Java Plum 0 0 0 0 1 0
9 -3 Washingtonia 0 0 0 0 1 0
9 -3 Pongram 0 0 0 2 0 1_ 0
_ 9 -3 Java Plum 0 0 0 0 0 0
9-3 Black Olive 0 0 i 0 1 0 0
9 -4 Java Plum 0 0 0 0 1 0
9 -4 Black Olive 1 0 _ 0 1 0 1 0
9 -4 Dead Tree 0 0 0 0 0 1 _
8 -6 Black Olive 0 0 0 3 0 0
8 -6 Washingtonia 0 0 0 0 1 0
8 -6 Yellow Tabibuia _ 0 0 0 0 1 0
8 -7 Washingtonia 0 0 0 0 1 0
8 -7 Java Plum 0 0 1 0 _ 0 2 0 —
8 -7 Black Olive 4 0 0 0 0 0 _
8 -1 Black Olive 0 0 0 0 7 0 0
8 -1 Pongram 0 0 0 0 0 0
EXHIBIT D -2
Gerlica, Inc.
Page 1 of 2 April 2012
EXHIBIT D -2
SCHEDULE OF TREES TO BE REMOVED AND TO BE PRUNED 1
Island Tree Trees; To Be Pruned Trees; To Be Removed
Designation Type Left Median Right Left Median Right
8 -1 Java Plum 0 0 0 1 0 0
8 -2 Pongram 0 0 0 0 0 0
_
8 -2 Tabibuia 3 0 0 2 0 0
8 -2 Black Olive 5 0 8 0 0 0
8 -2 Java Plum 0 0 0 0 1 0
8-2 Pongram 3 0 0 1 0 0
8-2 Java Plum 0 0 0 0 2 0
7 -4 Java Plum 0 0 0 0 0 0
7 -4 Ligustrom 0 0 0 0 1 0
7 -4 Pongram 0 0 0 0 0 0
7 -3 Pink Tabibuia 0 0 0 0 1 0
3 -4 Queen Palm 16 0 0 0 1 0
3 -1 (W) Ligustrom 0 4 0 0 0 0
3-1 (E) Mahogany 0 2 0 0 0 0
2 -4 None 0 0 0 0 0 I 0
Subtotals 32 6 10 J 15 48 3
Total Trees To Be Trimmed= 48
Total Trees To Be Removed= 66 fi 1
EXHIBIT D -2
Gerlica, Inc.
Page 2 of 2 April 2012
F� _ �� LEGEND: EXIST IN, 3 P,C IRRIGATION MAIN ''''2..
I � I - s -_- -- LINENVUVF 1.,C IRRIGATION IN MAINTENANCE MAINTENANCE
AREA ENTITY BEFORE ENTITY AFTER 1 ?
•
ZONE VALVE DESIGNATION CONVEYANCE CONVEYANCE
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- - - -- - - - EXHIBIT E
EXHIBIT "F"
EASEMENT PROPERTY
LEGAL DESCRIPTION
EASEMENT 1
BEING A PORTION OF WATER MANAGEMENT TRACT Q, QUANTUM PARK AT BOYNTON
BEACH, P.I D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT 100, QUANTUM PARK AT BOYNTON
BEACH P.I.D. PLAT NO. 6, REPLAT NO 1. PLAT BOOK 94, PAGE 176, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, RUN THENCE SOUTH 58 °55'05" EAST ALONG THE WEST
LINE OF SAID TRACT 100, A DISTANCE OF 14.88 FEET; THENCE SOUTH 51 °35'58" WEST
(DEPARTING FORM SAID WEST LINE), A DISTANCE OF 62.87 FEET; THENCE SOUTH 22 °20'35"
WEST, A DISTANCE OF 60.34 FEET; THENCE SOUTH 60 °51'43" WEST, A DISTANCE OF 68.67
FEET; THENCE SOUTH 49 °35'58" WEST, A DISTANCE OF 165.64 FEET; THENCE SOUTH
44 °03'08" WEST, A DISTANCE OF 120.35 FEET; THENCE SOUTH 50 °2228" WEST, A DISTANCE
OF 112.43 FEET; THENCE SOUTH 64 °16'13" WEST, A DISTANCE OF 27.66 FEET; THENCE
SOUTH 44 °2223" WEST, A DISTANCE OF 144.47 FEET; THENCE SOUTH 49 °08'02" WEST, A
DISTANCE OF 73.43 FEET, THENCE SOUTH 42 °26'38" WEST, A DISTANCE OF 70.94 FEET;
THENCE SOUTH 50 ° 59'43" WEST, A DISTANCE OF 85.70 FEET; THENCE SOUTH 64 °33'02"
WEST, A DISTANCE OF 29.65 FEET TO A POINT ON THE EAST LINE OF TRACT B (QUANTUM
BOULEVARD) , QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE
191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00 °36'48" EAST
ALONG SAID EAST LINE OF TRACT B, A DISTANCE OF 14 25 FEET; THENCE NORTH 46 °08'20"
EAST (DEPARTING FROM SAID EAST LINE), A DISTANCE OF 188.50 FEET; THENCE NORTH
45 °55'02" EAST, A DISTANCE OF 167.36 FEET; THENCE NORTH 44 °41'10" EAST, A DISTANCE OF
173.49 FEET; THENCE NORTH 45 °39'11" EAST, A DISTANCE OF 167.88 FEET; THENCE NORTH
50 °42'50" EAST, A DISTANCE OF 117 62 FEET; THENCE NORTH 53 °02'17" EAST, A DISTANCE OF
143.58 FEET TO A POINT ON THE SOUTH LINE OF GATEWAY BOULEVARD AS SHOWN ON
QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 189, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID SOUTH RIGHT -OF -WAY LINE ALSO
BEING A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1583.02 FEET FROM
WHICH A RADIAL LINE BEARS SOUTH 32 °10'00" EAST, THENCE NORTHEASTERLY ALONG SAID
SOUTH RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 1°2T45", A DISTANCE OF 40.40 FEET TO THE POINT OF BEGINNING.
NOT A SURVEY TIMOTHY M SMITH, P.S.M.
SHEET 1 OF 7 FLORIDA CERTIFICATE NO. 4676
TIMOTHY M. SNNTH SCALE NIA
LAND SURVEYING, INC. alh S KETCH AND LEGAL DATE: MAY 2012
4548 CAMBRIDGE STREET ..,_ DESCRIPTION OF PROPOSED DIRECTORY. QUANGEN
WEST PALM BEACH, FL 33415 vir '' LIGHTING AND PATHWAY
(561)602 -8180 EASEMENT FIELD BOOK: NIA
LB #6865
DWG NO.: GENSK01
c m-
LEGAL DESCRIPTION
EASEMENT 2
BEING A PORTION OF WATER MANAGEMENT TRACT P, QUANTUM PARK AT BOYNTON BEACH,
P.I D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT B (QUANTUM BOULEVARD) AS SAME IS
SHOWN ON SAID PLAT, RUN THENCE SOUTH 45 °36'48" WEST ALONG THE NORTH LINE OF
TRACT E AS SAME IS SHOWN ON SAID PLAT, A DISTANCE OF 84.56 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 572 45 FEET,
THENCE SOUTHWESTERLY CONTINUING ALONG SAID NORTH LINE OF TRACT E AND ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45 °00'00 ", A DISTANCE OF 449.66
FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST
HAVING A RADIUS OF 500.00 FEET, THENCE WESTERLY AND NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46 °18'31 ", A DISTANCE OF 404.12 FEET
TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A
RADIUS OF 125.73 FEET ; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 47 °24'36 ", A DISTANCE OF 104.04 FEET; THENCE NORTH
42 °41'23" EAST (DEPARTING FROM SAID EAST LINE OF TRACT B), A DISTANCE OF 121.01 FEET;
THENCE NORTH 59 °05'47" EAST, A DISTANCE OF 162.31 FEET; THENCE NORTH 52 °26'38" EAST,
A DISTANCE OF 193.77 FEET; THENCE NORTH 44 °17'54" EAST, A DISTANCE OF 26.33 FEET;
THENCE SOUTH 45 °42'06" EAST, A DISTANCE OF 7.12 FEET; THENCE SOUTH 16 °31'42" WEST, A
DISTANCE OF 34.12 FEET; THENCE SOUTH 56 °15'01" WEST, A DISTANCE OF 47 32 FEET;
THENCE SOUTH 36 °29'07" WEST, A DISTANCE OF 48.56 FEET; THENCE SOUTH 57 °09'53" WEST,
A DISTANCE OF 150.60 FEET; THENCE SOUTH 49 °34'37" WEST, A DISTANCE OF 39.02 FEET;
THENCE SOUTH 70 °59'30" WEST, A DISTANCE OF 49.70 FEET; THENCE SOUTH 47 °52'53" WEST,
A DISTANCE OF 128.62 FEET; THENCE SOUTH 34 °2148" EAST, A DISTANCE OF 172.34 FEET,
THENCE SOUTH 65 °50'31" EAST, A DISTANCE OF 212.96 FEET; THENCE NORTH 88 °26'30" EAST,
A DISTANCE OF 188.36 FEET; THENCE NORTH 73 °2525" EAST, A DISTANCE OF 176.27 FEET,
THENCE NORTH 51 °47'59" EAST, A DISTANCE OF 165.54 FEET, THENCE NORTH 35 °54'51" EAST,
A DISTANCE OF 70.20 FEET; THENCE SOUTH 54 °05'09" EAST, A DISTANCE OF 22.84 FEET TO
THE POINT OF BEGINNING.
NOT A SURVEY
SHEET 2 OF 7
TIMOTHY M. SMITH SCALE N/A
LAND SURVEYING, INC. *km,: SKETCH AND LEGAL DATE: MAY 2012
4548 CAMBRIDGE STREET ` DESCRIPTION OF PROPOSED
DIRECTORY: QUANGEN
WEST PALM BEACH, FL 33415 " LIGHTING AND PATHWAY
(561) 602-8160 Ire EASEMENT FIELD BOOK: N/A
LB 116865 DWG NO.: GENSK01
r
LEGAL DESCRIPTION
EASEMENT 3
BEING A PORTION OF WATER MANAGEMENT TRACT P, QUANTUM PARK AT BOYNTON BEACH,
P I.D. PLAT NO 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF TRACT B (QUANTUM LAKES DRIVE), AS SAME IS
SHOWN ON SAID PLAT, THENCE NORTH 54 °05'09" WEST, A DISTANCE OF 22.84 FEET; THENCE
NORTH 35 °54'51" EAST, A DISTANCE OF 22.03 FEET; THENCE NORTH 46 °16'26" WEST, A DISTANCE
OF 150.42 FEET; THENCE NORTH 44 °19'08" WEST, A DISTANCE OF 193.07 FEET; THENCE NORTH
46 °33'05" WEST, A DISTANCE OF 189.66 FEET; THENCE SOUTH 47 °48'17" WEST, A DISTANCE OF
101.45 FEET; THENCE NORTH 45 °42'06" WEST, A DISTANCE OF 7.12 FEET; THENCE NORTH
44 °17'54" EAST, A DISTANCE OF 98.64 FEET TO A POINT ON THE WEST LINE OF TRACT B
(QUANTUM BOULEVARD) AS SAME IS SHOWN ON SAID PLAT, THENCE SOUTH 88 °59'37" EAST
ALONG SAID WEST LINE, A DISTANCE OF 31 25 FEET; THENCE SOUTH 44 °23'12" EAST CONTINUING
ALONG SAID WEST LINE, A DISTANCE OF 525.16 FEET; THENCE SOUTH 00 °36'48" WEST, A
DISTANCE OF 35.36 FEET TO THE POINT OF BEGINNING.
SURVEYOR'S NOTES
THIS SKETCH AND LEGAL DESCRIPTION IS NOT A SURVEY AND IS NOT VALID WITHOUT THE
SIGNATURE AND RAISED SEAL OF PROFESSIONAL SURVEYOR AND MAPPER TIMOTHY M.
SMITH, FLORIDA CERTIFICATE NUMBER LS 004676.
BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST LINE OF TRACT B, QUANTUM
PARK AT BOYNTON BEACH, P.I.D., PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, HAVING A BEARING OF SOUTH 44 °23'12" EAST.
NOT A SURVEY
SHEET 3 OF 7
TIMOTHY M. SMITH SCALE N/A
LAND SURVEYING, INC, ,Aoki DATE MAY 2012
, , SKETCH AND LEGAL 4546 CAMBRIDGE STREET _. DE SCRIPTION OF PROPOSED DIRECTORY: QUANGEN
WEST PALM BEACH, FL33415 -� ;`' LIGHTING AND PATHWAY
(561) 6028160
lor EASEMENT FIELD BOOK N/A
LB #6865
DWG NO.: GENSK01
1 1
1 41
();
S, vc , S88 ° 59'37 "E
I-- �S° ��� af,, 31.25
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7 cti 4 GI' 0 \ .
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\ c
WATER MANAGEMENT TRACT P
\ QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO.6
PLAT BOOK 57 PAGE 191
R= 125.73' N
A =47 °24'36" 6)y r- EASEMENT 2
L= 104.04' F
N \ Q / /
G1 \ cs< 3 6 / / N88 °26'30 "E 188.36'
°
A G /,�� / S 503' /
�/8 I g < \ '' f 2 1 2 r
o �y l • F
0/, ' 6 > ‹ts � R=500,00'
N
-TO' 4)\ D =46 °18'31" l 17 n
X7 9 7 ` C L =404 12' ` _ _ 0
R=572.52'
A=46'00'00" r
A =45 ° 00'00" —I Z
L= 449.66' m
NOT A SURVEY SHEET4OF7
TIMOTHY M. SMITH SCALE:
!� _
SCALE: WA
LAND SURVEYING, INC. SKETCH AND LEGAL DATE MAY2012
4546 CAMBRIDGE STREET ''_.... DESCRIPTION OF PROPOSED DIRECTORY: QUANGEN
WEST PALM BEACH, FL 33415 LIGHTING AND PATHWAY
(566 X ` 1�/' EASEMENT FIELD BOOK WA
• DWG NO.: GENSKOI
N I r aiN
sect*
eleo
1._
LU
I 5
zo " / \ \ A
0
i S O , r 0�O
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7
EASEMENT 3 /- �� �y
,- v
7, tI„N 1)
vTER MANAGEMENT TRACT P . SS D el '�
iTUM PARK AT BOYNTON BEACH, °`'' ,t- ° ��' M ° o 0
P.l.D. PLAT NO. 6 �"� `!� :o , `��' 09•• w
PLAT BOOK 57 PAGE 191 °hc,`,0 g F ^ r'
4
EASEMENT 2 °t za °- `' fl ,`?`°e
cbonp G ��� � 2�Sp
1488°26'30"E 188.36' 5 E 1�62T �\ ��' 8g
9
N� °252 / POINT OF
n t R=572.52'
A=45°00'00"
L= 449.66' - ,vE BEGMNNsNG
OR
_ _ 0 SW CORNER OF TRACT E
M Z lr ' �.�V �� �pG P PLAT BOOK 57 PAGE 191
M ON/Pk N 5 (6
P\-P'
NOT A SURVEY SHEET 5 OF 7
TIMOTHY M. SMITH scALE: NIA
LAND SURVEYING, INC. J( DATE MAYZOaz
- �1 r � SKETCH AND LEGAL
4546 CAMBRIDGE STREET
�. ` DESCRIPTION OF PROPOSED DIRECTORY: QUANGEN
WEST PALM BEACH, FL 33415 LIGHTING AND PATHWAY
(561 }602$160 vtir-,'
EA SEMENT FIELD BOOK: N/A
LB 46865
DWG NO.: GENSK01
l \
NI°
N
H
W
W
Z
W P
O Q
8 W
U U
C.
C9
o��\ �� S Fg1
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7 olt: . b c , 6 / \ )•
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‘ ,04:7 \ 1
ei 4f� �a
P
Cep'` Q NC; \. ‘Sh Ser2166
o�
/ ��` EASEMENT 1
/� \ $ °ti's
N. \
c N \ WATER MANAGEMENT TRACT Q
PG o QUANTUM PARK AT BOYNTON BEACH,
\,o '9y �G �oyg��� 5��4cl° ° PLAT BOOK 57 PAGE 191
/ `�T d � 5� ,ko336
1 - O OG <., . ,
s :,off <F 4 Fi ,
NOT A SURVEY SHEET 6 OF 7
TIMOTHY M. SMITH _ SCALE: wA
LAND SURVEYING, INC. i SKETCH AND LEGAL DATE MAY 2012
4546 CAMBRIDGE STREET DESCRIPTION OF PROPOSED DIRECTORY: QUANGEN
WEST PALM BEACH, FL 33415 LIGHTING AND PATHWAY
(561) 602 -8160 \ �� EASEMENT FIELD BOOK: NIA
LB X16865 �`
DWG NO.: GENSK01
iV `
LT LL o
Z c
W
0 .5
a.
8 a
C9
POINT OF
BEGINNING °
EASEMENT 1
NW CORNER OF TRACT 100
PLAT BOOK 94 PAGE 176
OF- 0\)`' 5e 41ry R =1583.02' s 7 4 66,0 6-„ ---'
CP* A =1 °27'45" egg F TRACT 100
L= 40.40' QUANTUM PARK AT BOYNTON
/1 �� P.I.D. PLAT NO.6 REPLAT NO. 1
Z � y � \ c C T / PL BOOK 94 PAGE 176
by / . it
1
k• A,
J oati6�
�l l' p�e P ' 4 7 - \ 1 e 1 °`3
Al
*Poo S\ \ N" " ° , P � v�°
/ .t.1414 )% WATER MANAGEMENT TRACT Q
� p `b 00 QUANTUM PARK AT BOYNTON BEACH,
Fs �► '�p'5 P.I.D. PLAT NO. 6
O ., co b , PLAT BOOK 57 PAGE 191
s - EASEMENT 1
NOT A SURVEY SHEET 7 OF 7
LAND M. SMITH SCALE: N/A
LAND SURVEYING, INC. ,� SKETCH AND LEGAL DATE MAY2012
4546 CAMBRIDGE STREET ' DESCRIPTION OF PROPOSED
WEST PALM BEACH, FL 33415 r LIGHTING AND PATHWAY DIRECTORY: QUANGEN
(561) 602-8160 �' �� � EASEMENT FIELD BOOK: N/A
LB X16865
DWG NO.: GENSK01
EXHIBIT "G"
RAILROAD PROPERTY
ALL THAT PART OF THE 25.00 FOOT WIDE R.R. EASEMENT, QUANTUM PARK AT
BOYNTON BEACH, P.I.D. PLAT NO. 5, PLAT BOOK 57, PAGE 189, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, LYING WITHIN TRACT "C" (HIGH RIDGE
ROAD), AS SAME IS SHOWN THEREON.
TOGETHER WITH
ALL THAT PART OF THE 25.00 FOOT WIDE R.R. EASEMENT, QUANTUM PARK AT
BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, LYING WITHIN TRACT "C" (HIGH RIDGE
ROAD), AS SAME IS SHOWN THEREON.
-- LEGEND: I
1 ��f
o.N " "' "` \ STORMWATER SEWER SYSTEM PROPOSED FOR
T TRANSFER TO THE CITY OF BOYNTON BEACH v
LAND TRACTS PROPOSED FOR TRANSFER
1 TO THE CITY OF BOYNTON BEACH I
■
j
' / 01.!.1 91' � ' ter _.. "r 5 " $ I $,.
r i:::: , , i(.4 4, --- : ,
P �►� \ ` ' x _ - a Z €
_ sTE ' „ T - °° STRUCTURE IDENTI a g , a
G V WI
=4' �«n %�� III,/ � •`” >- I FROM ROSSI 8 MALAVASI (RM) J o 3=E
_,_ *'^u i RM- 999 -E `'' .. R ECORD DRAWINGS I � LL' '�w
um-R.1
`\ { s U' 8 , 8
•t 1K/ 1 „'„ -- �• •Y1'„ r STRUCTURE TYPE PER FDOT F �
---,3, I I 1' �i •Y" +� y• STRUCTURE NO FROM RM U
T l, y w � _ -.- ` T";;.-88E-27,,,: I/ , `nt,. RECORD DRAWINGS Y
u NOTES i S
i ..,. C _ 3
ar ..
° ~ �+ ••`• °'° ALL DRAINAGE PIPES ARE CORRUGATED METAL PIPE @ G
i � , / ' ° f' - "CMP" UNLESS OTHERW NOTED C C
_ ' f
a
r r "'70./.7'7'.;•".." \ .% •" THE CONTROL ELEVATION OF ALL OF THE LAKES WITHIN ? s
�I f ., '•` QUANTUM ARE AT ELEVATION 80 N G V D y W
J / r ?1W I CY° . / r as o° 1 1
� EXHIBIT H I
, ( 1_ L — - — — - — — - d ..._ 201.02 0,
_ — — — — — —' SH EET 01 OF 03 ! „ a' p,
, -
..., .,,,,.G .. 7� LEGEND:
•� � � QUANTUM PARK OVERLAY DEPENDENT
I
J DISTRICT STORMWATER SEWER SYSTEM
RESPONSIBILITY AFTER TRANSFER TO
CITY OF BOYNTON BEACH '
S
M � .u. a II11
...,._41 : ,. ; iiit N " 4 :� , �...._.. ,_..,� 11■111 _„.
,.. 1 ,,, ,., 1 � °, %° / + � a�
� :
a i �—
\u / I . f _ 1 ' -- 110.174...
.., ' M me. s
■
x. � „ Q = a: •� S ws< .•.a.c v..w •. u .x,
‘-e....., r.. w„a.. •' = , ,,., ,
1 . " "" ;': " � v::: , 1 !" °~ f ` / STRUCTURE IDENTIFIER i t
i % � ' _.,.< o f p c i ;
' � �/ \ / < _ 1111,.. FROM R0S518 MALAVASI (RM) 'j G
n o ur r .•a • ,.. .. ,. \ \ l.,- '- , ,. � RECORD DRAWINGS � 5
• r uE,z � . _ 06.'' RM -999 -E v Q 0:1
�"` + / �.11, ' ^ , ^ 1 `•s• "` N f STRUCTURE TYPE PER FDOT ; ,cg
a I STRUCTURE NO FROM RM M .g rt
I I I 11
L°.." *'! n L` Y 7 • ) :, „ RECORD DRAWINGS
—� - 7-, NOTES 1 z
• Ii-4.- - - ' 6
/ ALL DRAINAGE PIPES ARE CORRUGATED METAL PIPE i a F
•
�,,,•• ••,,• I I —# .. / � - µ / - CMP' UNLESS OTHERWISE NOTED t , y pj
I i
' - '""< 7.1. ... THE CONTROL ELEVATION OF ALL OF THE LAKES WITHIN ' . = W
I ) ov QUANTUM ARE AT ELEVATION 80 NGVD '�
l i � p! ... ,., ...s. .. I . g 2
( (_,_ - ,..._ tip .* , < I i
i'� . - - E XHIBIT
- — SHEET 02 OF 03 i ' ,,,
_ 1
.��.06BASIN.aU.D,.. = fir LEGEND:
o
631 H AG
� - - ---
STORMWATER SEWER SYSTEM
1 L OWNED & MAINTAINED BY OTHERS
(3) PROPERTY OWNER IDENTIFIER
6
I r•. . �,. ..' ' li 411 N 1 �J w.,. `• .• xs. 1 » .. � .� J_ (4) �� r
,� $ : ' '
STRUCTURE IDENTIFIER: -
I ' ^w �'�' 1 _ peg 'til • F - FROM ROSSI & MALAVASI (RM) y , 11
�', ... � , j , \ .s. � \• •.... ,,,.•� .•.�..� •.- � RECORD DRAWINGS (e 3 . i I ]� t
,.\
:. - .�. »� •.,.. Cu` 7......., I »,>«, R M -999 -E i E - . - 9 °
' / p .. o •ems - ; 1 i l i t
— � • \ 1 �
< » »w. /7 - 3•-+a " _°� STRUCTURE TYPE PER FOOT
+U+1 �Itl
f - - S rua..
\ STRUCTURE NO FROM RM > w .•..•... ..,..r. s.,... - .,�.• \ 3 I
S
L. 4,, ' �' I! { S - �� . a. y , ._' z . .o. '""" # I/ RECORD DRAWINGS r a .. K I ' •..< \ .... � -wn •w r� ys..,� I I K
1 � .��: • < < ^... 1 NOTES S hl
°°. M ..- .., ALL DRAINAGE PIPES ARE CORRUGATED METAL PIPE
" pp d
F " •u • y •� ,• „•� i I / CMP” UNLESS OTHE NOTED aS ca
• tr �I,r "/ •.. -- .� ••^• w I THE CONTROL ELEVATION OF ALL OF THE LAKES WITHIN 9 u � g
A7 ( � - ° /• t ' ° "•` I QUANTUM ARE AT ELEVATION 8 0 N G V D y re ° V. E o
•` �•% c 1 .417-- PROPERTY OWNERS: t O . €`
....C.133, I ' : ^� \ ' (1) GEMINI BOYNTON BEACH, LLC U 1.
- , i c y = "',,� P. I��..».. — ..(-. — -- _ 3�
(2) PARKSIDE H.O.A. ! _
1=N. I 5
6
'�� ---}.---....• ^ •
y. W / (3) OLEN, VARIES ENTITIES 1 = y W
' /••••- "° 1;.',,,•,,,,, (4) FDOTISFRTA TRI RAIL v C S
/ �
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/ ' a�'��,r /' • / j am / �� \ (6) CANTERBURY /MONROE ; 3 v w
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•
, ( (__I — _ _ _ _ __,
I1 EXHIBIT H 1 ,7:3-7,"'":32
SHEET 03 OF 03 i
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"A 4
Ely:
Jeffrey Charnbedain
Mce PresOent, Real-Estate
[CORPORATE M. I
Date,
a
- - - - - - - - - - - - - - -
statf,',� Freligh't & Logstics Administr4ator
Daw
STIPULATION OF PARTIES FOR THE CLOSURE OF
Quantum Park OverWg Dependent District ;o31STRI'C' gts successors and assigns; Quantorn
Umiled Partners Ltd. a Florida firm teed partnership (DE(.X,ARAN'T), it Successors and assiigjis;
avid Florida Department of Transportafio -r h,DEPARIPAENIF, agree the following cx ndilioris�
t. PUBLIX, as, owner of Lot 55 of Quant Park at Boynton Bew,h P.1,0, Pla Na, 5,
as shown on the pla recorded M Plat Book, 57 at P 189 of une Puolw, Recwds of Paim Bt,racii
Country, FOrida (PUBLIX PARCEL), being located within the Q.Aarium Park Overiay Dependent
District, is responsible for the installation, construrbon, use, rrminlenanw.,, repair, arid improvement
of the railroad spur ISPUR) focated within that cE-rtair ra4road easernent appurtenant In the
PUBLIX PARCEL pursuent to those certain plats recorded in Pt et Book, 57 at Pages 189 through
195 of 9•a e Public RK,crds of Palm Beach County, Florida. PUBLIX'S responsibilities uncJude
maintenance. repair, and irnpr(nier, the crossing surface and traffic safety signafizato cvri
devices, at the intersection of the SPUR and High Ridge Road, as on the lack of rail activity or
need for the SPUR, PUBLIIX has filed ar, application w h ttie DEPARTMENT to close the High
Ridge Road public highwayrad grade crossing tCROSSW4(3) pursuant to Section 335,141(l),
Florida SIMutes, A copy of the appif.cation is attachad as
C 'A �� �-, I
2, The CRCI`SS�P" is locaeai at Road o f "j�
DISTRICT is subject :o truiz ,e airs Declaration ni at
Boynu_" Beach recorded
I The railroad track at the crossing is classified as an indusirial spur track. A DOT
C;rossing NUmber. vvas not @ssigned, There arc-, no trains using the track
4 The parties agree 1.0 the closure of rhe crossing through the r&novaf of ine raii.
crossing, and all highway traffic control devices and restoration of the road surface-,
6 PUBLIX, at PUBLIX's expense, remove the track, �he cantirlever flashing lights
and gates, ali railroad signage and pavement markings, the concrete tub crossing, any additional
railroad grade crosslng surface materials, and roadway pavernent ten (I Cli feet from both sides of
the railroad track centerfine a! the crossing locati-jr, PkJBL'IX- at PUBLIX's expense, restore, the
DISTRICT's right-of-way and remove aP evidence of the crossing,
7 UBLIX, at PUBLIX's eyper�,se. :O�ry repave '-1Jg"h Ridge Road -aft er removal of tvack,
crossing, sign ais. and debris,
work by PUBLI'X vlqhir tt"e ,moor .
area will be
7
C"n ej -Cst wRh this
ED i S', "'R permit ( e o re e n a a !�� f"I f� t� " V11' t� r a 9
Stipwa!Do � of Parties,
M The lerms of this Stipuiation of Parties may not be changed, waived, df5chafiged or
terminated orally, but only by an mstrurneni 7 �'nstrurnents in wrwng. signed by PUBLIX,
DISTRICT, DECLARANT, and DIEPARTMENT.
ii, "rhis Stipulation f' Parties is goverred try, an shall be interpreted, and construed in
accordance with the laws of the State of Florida, and any iegat action on this Stipulation of Parties
shaH have Venue in Pahn Beach Count . Florida,
12, Any failure of any party to insist upon the stria; perlormance of any terms or
provisions of this Stipulation of Pailies m not deemec to be a waiver c)f the terms of this agreement,
13, This Stipulation of Pames rrzy be executed 'o. counterpans, each, of Mid shall be
dee rya ed an original, and all of which together shall constitute one instrument: provided, however,
this Stipulation of Parties shall not be effective until fully executed by all parties
14. This Shpulation of Parties has been executed by all parties having an interest this
matter. All parties waive hearing rights pro by Chapter 1 20, Florida Statutes, for the closure
of the GROSSING with this Stipulation of Parties,
15, The DEPARTMENT authorizes the closing of lhs s cross Og as evidenced by - I�e
execution of tars Stipulation of Parties orovide-o all canditions ryomairieo �ereir, are rnef .vthin 36
months, of the date' of exeiufior,.
$' =is�;P
�.:.;
CVrI"f LAY
By:
(Authorized Signature)
Printed Name,
Title:
Attest:
fa
(ALIthor zed ic ly
Date:
QUANTUM LIMITED PARTNERS, LTD,.,, a Florida limited partnemtvp e® DIECLARANT
By MFT Dev(- lvw- -a Flonda corporaWn, as general partner
By
DaugPa-sO. MacDonald, Pinasident,
[CORPORATE SEAi...j
Date:
7,
STATE OF FLORMA
k')EPARTMENTOF TRANSPORTATION
By'.
State Freight & Logistics Administrator
Date:
DEPARTMENTOF TRANSPORTATION
LEGAL iREVIEW
Attorney, Ft T
Date:
Page