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R16-016RESOLUTION NO. R16- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN A SPECIAL WARRANTY DEED AND ANY AND ALL OTHER TRANSACTION DOCUMENTS NECESSARY TO EFFECTUATE THE SALE OF SAID PROPERTY TO THE PURCHASER IN THE BOYNTON VILLAGE PARK CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 17, 2015, the City Commission approved and authorized the Mayor to sign a Boynton Village Park Conveyance Agreement; and WHEREAS, a Special Warranty Deed has been prepared to effectuate the conveyance and it has been requested by the title company that the Mayor be authorized and directed to sign the Special Warranty Deed on behalf of the City along with any and all other transaction documents necessary Lo effectuate the sale of said Property to the Purchaser; and WHEREAS, the Commission upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve the Special Warranty Deed and authorize the Mayor, on behalf of the City of Boynton Beach, to sign, execute and deliver a Special Warranty Deed and any and all other transaction documents necessary to effectuate the sale of said Property to the Purchaser. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby to approve the Special Warranty Deed and authorize the Mayor, on behalf of the City of Boynton Beach, to sign, execute and deliver a Special Warranty Deed and any and all other S: \CA \RESO \Real Estate \Special Warranty Deed Boynton Village Park Conveyance - Reso.doc transaction documents necessary to effectuate the sale of said Property to the Purchaser. A copy of the Special Warranty Deed is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day o,1' q 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE AT IFST: S:ACA \RESO \Real EstateASpecial Warranty Deed Boynton Village Park Conveyance - Reso.doc THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: David N. Tolces, Esq. Goren, Cherof, Doody & Ezrol, PA 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, Florida 33308 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of January 2016, by THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, having its offices at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 ( " Grantor "), to BR CORTINA ACQUISITION LLC, a Delaware limited liability company, with an address at c/o B1ackRock, 400 Howard Street, San Francisco, CA 94105 ( " Grantee "). (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns thereof.) WITNESSETH: That Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency whereof are hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, and Grantee's successors and assigns forever, all that certain real property located and situate in Palm Beach County, Florida, described in Exhibit A attached hereto and made a part hereof (the "Property"); TOGETHER WITH all tenements, hereditaments and appurtenances belonging to or in any way appertaining to the Property, and (i) any and all structures and improvements on the Property; and (ii) all easements, rights of way, privileges, licenses, appurtenances and other rights and benefits belonging to, running with the owner of, or in any way related to the Property. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other, subject, however, to subject to all assessments and taxes for the year 2016 and all subsequent years, which are not yet due and payable, and the matters set forth on Exhibit B hereto, without any intent to reimpose same. (00109177.1306-9905104 f 1 0 F 4 Grantor is not reserving interest in phosphate, minerals, metals or petroleum pursuant to F.S. 270.11. GRANTOR hereby releases all easement rights Grantor has over the Property including, but not limited to platted easements, drainage and access easements, including the forty foot (40') wide platted pedestrian easement along the east side of the Property, pursuant to the Plat of Boynton Town Center, a P.C.D., according to the Plat thereof, recorded in Plat Book 106, Page 144 of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, Grantor has duly executed this instrument in the manner and form sufficient to bind it as of the day and year first above written. ATTEST: Judith A. Pyle, Interim City Clerk Signed, sealed and delivered in presence of: (Signature of first witness) (Printed name of first witness) (Signature of second witness) (Printed name of second witness) STATE OF FLORIDA COUNTY OF )ss: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Name: Gerald Tam Title: Mayor The foregoing instrument was acknowledged before me this ___ day of January, 2016 by Gerald Taylor and Judith A. Pyle, Mayor and Interim City Clerk, respectively, of the City of Boynton Beach, a municipal corporation of the State of Florida, on behalf of the City of Boynton Beach, who have acknowledged himself and herself to be the Mayor and City Clerk of the City of Boynton Beach, and who are personally known to me. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public {00109177.1 306- 9905104 } 2 OF 4 EXHIBIT "A" Parcel A SMU — Park Parcel, BOYNTON TOWN CENTER, A P.C.D., according to the plat thereof, recorded in Plat Book 106, pages 144 through 151 of the public records of Palm Beach County, Florida, less and excepting the easterly 40.00 feet thereof. Parcel B Non- exclusive easements for ingress and egress of vehicular traffic for the benefit of Parcel A above, created by and more particularly described in the Cross- Access Easement Agreement recorded in Official Records Book 18288, page 1218, public records of Palm Beach County, Florida. (00109177.1306-9905104 1 3 O F 4 EXHIBIT "B" 1. Terms, covenants, conditions and other matters, including provisions for private charges or assessments, contained in the Cross - Access Easement Agreement among Compson Associates of Boynton, LLC, Compson Associates of Boynton II, LLC, Renaissance Commons Master Associates, Inc., Klatt Enterprises, Inc. and The Klatt Family Limited Partnership #l, recorded in Official Records Book 18288, page 1218. 2. Restrictions, dedications and easements shown on the plat of Boynton Town Center, a P.C.D. recorded in Plat Book 106, page 144. 3. Private rights of owners of land in Boynton Town Center, a P.C.D., recorded in Plat Book 106, page 144, in and to Parcel A of the subject land by virtue of its designation on said plat as a park. 4. Terms, covenants, conditions, restrictions and easements created by and set forth in the Master Declaration of Covenants, Restrictions and Easements for Boynton Town Center recorded in Official Records Book 19557, page 21, as affected by the Assignment, Acceptance and Assumption Agreement recorded in Official Records Book 24135, page 45, including, but not limited to, provisions for private charges or assessments and liens for liquidated damages; but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenants: (a) is exempt under Chapter 42, Section 3607 of the United States Code; or (b) relates to handicap, but does not discriminate against handicapped persons. 5. Matters set forth in the following instruments pertaining to the Boynton Village Community Development District: (00109177.1306-9905104 1 4 0 F 4 a. Declaration of Consent to Imposition of Special Assessments recorded in Official Records Book 22085, page 1136, and 6. Easement granted to Florida Power & Light Company recorded in Official Records Book 21681, page 1047. 100109177.1 306- 9905104 } 5 OF 4 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WASTEWATER SERVICE OUTSIDE THE CITY LIMITS THIS AGREEMENT made on this day of a , 2016, by and between GULFSTREAM SHORES OWNERS ASSOCIATION, INC. hereinafter called the "Customer ", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City ". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer requested that the City of Boynton Beach, Florida provide wastewater service to the property owned by Customer; and WHEREAS, Section 26 -9 of the City of Boynton Beach Code provides for residential and commercial billing rates for properties with no water meter based on a maximum sewer usage of seven thousand (7,000) gallons per unit per month; and WHEREAS, Customer's property has been connected to the City's Municipal Sanitary Sewer System since on or about July /August, 2013; and WHEREAS, Customer's property is not equipped with a City of Boynton Beach water meter; and WHEREAS, according to Customer's water bills for the past five (5) years, Customer's average use per unit per month is four thousand (4,000) gallons; NOW THEREFORE, for and in consideration of wastewater service provided to Customer by the City's Municipal Sanitary Sewer System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, its heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with wastewater service from its Municipal Sanitary Sewer System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The City hereby agrees to bill Customer for wastewater services at a monthly rate based on Customer's average monthly use of 4,000 gallons per unit, per month for a total fifty (50) units which reflects Customer's average use per unit per month for the past five (5) years or for the 100108341.1 300- 9001821 } period of 2010 - 2015. 3. Subject to the billing rates in the multi -year schedule, this Agreement is valid for a period of three (3) years from the effective date. In 2019, or three (3) years after this Agreement's effective date, the City will review the Customer's preceding three (3) years' average consumption per unit per month to make future adjustments. 4. The billing rates and charges for wastewater services provided under this Agreement, shall be as set forth in the multi -year schedule and will be adjusted every year in accordance with the City's Code. 5. The Customer agrees to pay all charges and rates in connection with wastewater service under this Agreement. 6. Any and all wastewater connections made pursuant to this Agreement shall be used only by the Customer and to the Customer's benefit, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the regulations of the City Boynton Beach and all regulatory entities. 7. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in wastewater service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of wastewater service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 8. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 9. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) {00108341.1 306 - 9001621) 2 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this I day of rw (-" , 2016. WITNESS: Witness Signature Primed Witness Name, „ " Witness Signature FOR CORPORATE NOTARIZATION: STATE OF r i )Ss: COUNTY OF i & A, ) CORPORATON AS OWNER(S): By: Its: '1t ame and Title e �.. 5 's owne ":.a {CORPORATE SEAL) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared . . as N of Gig I f s +(C '1� -, % s 0 tw n named in the foregoing agreement and that he /she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in hirwher by said Corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. Witness my hand and official seal in the County and State last aforesaid this day of tr J- , 201 NOTARY PUBLIC Printed Name {00108341.1706- 9001821 ) �. .V Notary Public State of Florida Nicolette Orezzoli My Commission FF 155210 < �Nd Expires 12122/2018 Printed Witness Name My Commission Expires: AGREEMENT FOR WASTEWATER SERVICE OUTSIDE THE CITY LIMITS BETWEEN THE CITY OF BOYNTON BEACH AND GULFSTREAM SHORES OWNERS ASSOCIATION, INC. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation B .. Lori aVerriere, City Manager ATTEST: ty Clerk, Approved as to F . City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared. ° � City Manager and Judith A. Pyle, Interim s City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my, and and official seal in the County and State last aforesaid this day of 201 (Notary Se TAMMY L STANZIONE MY COMMISSION # FF213683 '�,•• EXPIRES March 25. 2019 14G7130"'53 FI allo;eryServica.com My Commission Expires: N otary Public 100108341, 1 306 - 9001821 ) 4