R18-059 1
2 RESOLUTION NO. R18-059
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING A SECOND AMENDMENT TO
6 DEVELOPER'S AGREEMENT BETWEEN THE CITY OF
7 BOYNTON BEACH AND SKYE AT BOYNTON BEACH, LLC,
8 THAT RELEASES THE SURETY REQUIRED TO BURY
9 OVERHEAD UTILITY LINES ACROSS FEDERAL HIGHWAY AT
10 SOUTHEAST 2ND AVENUE; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13 WHEREAS, on July 1, 2014 the City Commission approved the 500 Ocean site
14 plan for the mixed use project consisting of 341 dwelling units within five (5) six (6) story
15 buildings, retail space and associated amenities and parking, zoned MU-H (Mixed Use
16 High); and
17 WHEREAS, on May 5, 2015, the land development agreement between the City
18 and SKYE at Boynton Beach, LLC., was approved via Resolution 15-047 and First
19 Amendment was approved on January 19, 2016 via Resolution R16-007; and
20 WHEREAS, pursuant to Section 3C of the Developer's Agreement SKYE at
21 Boynton Beach, LLC., posted a cash surety to bury the overhead utility lines across
22 Federal Highway at Southeast 2nd Avenue in the amount of$26,961.66 which represents
23 50% of the cost to perform the work based on a licensed engineer's or FPL's estimated
24 cost.
25 WHEREAS, the developer SKYE at Boynton Beach, LLC., has requested release
26 of the cash surety as there is no intent or planned work that would warrant use of the
27 surety prior to the expiration of the Developer's Agreement on June 10, 2018; and
28 WHEREAS, upon recommendation of staff, the City Commission of the City of
29 Boynton Beach Florida deems it to be in the best interest of the citizens of the City of
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30 Boynton Beach to approve and authorize the City Manager to sign the Second Amendment
31 to the Developer's Agreement between the City of Boynton Beach and SKYE at Boynton
32 Beach, LLC.
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
36 as being true and correct and are hereby made a specific part of this Resolution upon
37 adoption.
38 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
39 approves and authorizes the City Manager to sign the Second Amendment to the
40 Developer's Agreement between the City of Boynton Beach and SKYE at Boynton Beach,
41 LLC., a copy of the Second Amendment to Developer's Agreement is attached hereto as
42 Exhibit"A".
43 (INTENTIONALLY LEFT BLANK)
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44
45 Section 3. That this Resolution shall become effective immediately.
46 PASSED AND ADOPTED this 3rd day of April,2018.
47 CITY OF BOYNTON BEACH,FLORIDA
48 YES NO
49
50 Mayor-Steven B. Grant =�
51
52 Vice Mayor-Christina L. Romelus
53
54 Commissioner-Justin Katz
55
56 Commissioner-Mack McCray
57
58 Commissioner-Joe Casello
59
60 VOTE 5-1)
61 ATTEST:
62
63 /4a° yr 1
64 Judit, A. Pyle, CMC -
65 Cit2/4,4a;
Jerk
66
67 (Corporate Seal)
•
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\ 8 — C) SCA
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT
This Second Amendment to Developer's Agreement is made and entered into this I i94 -day of
, 2018 by and between the City of Boynton Beach (hereinafter referred to as
"City") Al Skye at Boynton Beach, LLC., (hereinafter referred to as "Developer ") (collectively
referred to as the "parties ").
WITNESSETH
WHEREAS, the City and Developer entered into a Developer's Agreement ( "Agreement ") dated
May 5, 2015, a copy of which is attached hereto as Exhibit "A "; and
WHEREAS, the City and Developer entered into a First Amendment to Developer's Agreement
dated January 19, 2016, a copy of which is attached hereto as Exhibit "B "; and
WHEREAS, Developer is obligated to construct on- street parking along U.S. Highway One as a
condition of the approved site plan; and
WHEREAS, as a condition the Developer was required to post a cash surety to bury the overhead
utility lines across Federal Highway at Southeast 2nd Avenue in the amount of $26,961.66 which
represents 50% of the cost to perform the work based on a licensed engineer's or FPL's estimated
cost; and
WHEREAS, as there is no intent or planned work that would warrant use of the surety prior to
the expiration of the Agreement, the Developer has requested release of the cash surety.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. The recitals contained herein are hereby incorporated by reference.
2. Developer has requested and the City is agreeable to release the cash surety bond in the
amount of $26,961.66 posted by the Developer to bury overhead utility lines across Federal
Highway at Southeast 2 Avenue.
3. Paragraph 3C of the Developer's Agreement shall be amended as follows:
(c) Utilities Existing overhead utility lines along the rights -of -way
shall be buried to improve the appearance of the development with the exception
of SE 2 Avenue. The developer will relocate the existing overhead utility lines
along SE 2 Avenue to the south side of the right of way along SE 2nd Avenue.
The developer will provide surety to the City and maintain the surety for the
duration of the developers agreement to bury the overhead utilities lines across
Federal Hwy at SE 2nd Avenue in the amount of 50% of the cost based on an
licensed engineer's or FPL's estimated cost or the City shall release surety at
such time it is determined by the City that the planned work for which the surety
1of2
was posted will not be performed. All utility poles will be designed in
accordance with FPL standards.
4. The terms and conditions of the Agreement and First Amendment shall remain in full force
and effect except as specifically amended herein. In the event of a conflict between the
terms of the Agreement, First Amendment and this Second Amendment, the terms of the
Second Amendment shall control.
IN WITNESS WHEREOF, the Parties have signed this Second Amendment to Developer's
Agreement on the date(s) set forth below.
CITY OF BOYNTON BEACH
By .�.°
Lori LaVerriere
City Manager
APPROVED AS TO FORM:
J �ACh e r f, ty t rney
SKYE AT BOYNTON BEACH, LLC.
Known to Me
* D. A
ar
L. c STATEd`.
Date: V,
I
Date:
Produced Identification
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STAITO
T} I1S INSTRt fWNf' WAS PREPARED BY
AND SHOULD BI RETURNED TO:
Gerald J. Biondo, Esq.
Murai 1kald Biondo Moreno & Brochin, PA
1200 Ponce de Leon Blvd.
Coral Gables. FL. 33134
DEVELOPER'S AGREEMENT
This DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this
day of April 2015 by and between the CITY OF BOYNTON BEACH, a Florida
Municipal Corporation (the "City "), whose address is 100 E, Boynton Boulevard, Boynton Beach,
Florida 33435, and SKYE AT BOYNTON BEACH, LLC, a Florida corporation as assignor for
an entity in formation ('Developer ") whose address is 650 S. Northlake Boulevard, Suite 450,
Altamonte Springs, Florida 32701.
WITNESSETH
WHEREAS, EREAS, Developer has contracted pursuant to a written Purchase Contract (the
"Purchase Contract ") to purchase from Capstone Residential Development, a Delaware Limited
Liability Company the fee simple ownership of certain real property containing 4.688 acres +!-
located in the City of Boynton Beach and more particularly described in Exhibit "A" attached
hereto and incorporated herein by this reference (the Property); and
WHEREAS Developer desires to buy the Property, provided that Developer is able to
develop the Property as a residential multifamily comm-unity to be comprised of up to 341
residential emits in a building which contains five (5) to six (6) stories, plus a parking garage,
and approximately 1.3,300 square feet of retail space, and approximately 6,600 square feet of
office space (the "Project ") as depicted in that certain approved site plan, entitled "500 Ocean ",
dated April 15,2105, and prepared by MSA Architects under project No. 1593, Sheet Number A
1.1, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference
(referred to as the "Master Site Plan ") and in accordance with the terms and conditions of this
Agreement and Development Order date July 1, 2014 granted by the City Commission of the
City of Boynton Beach ( hereafter the " Development Order ") ; and
WHEREAS the City and Developer desire to set forth the following special terms and
conditions with respect to the proposed development of the Project.
NO-W, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1. Recitals The foregoing recitals are true and correct and are hereby incorporated .
herein by this reference.
2. Authority This Agreement is entered into pursuant to the Florida Municipal
Monte Rule Powers Act.
3. Obligations and Commitments In consideration of the City and Developer
entering into this Agreement, and as an, inducement for Developer to buy the Property, the
City and Developer hereby agree as follows:
(a) Approval of Master Site Plan The City hereby has approved the Master
Site Plan on Jules 1, 2014, subject to the terms of the Development Order and this
Development Agreement
(b) Zoning Amendment The Zoning map of the City has been amended to
"Mixed Use High (NIU -H)" corresponding with the project master /site plan.
(c) Utili ties. Existing overhead utility lines along the rights -of -way shall
be buried to improve the appearance of the development with the exception of SE 2 "
Avenue. The developer will relocate the existing overhead utility lines along SE 2 " Avenue
to the south side of the right of way along SE 2" Avenue. The developer will provide surety
to the City and maintain the surety for the duration of the developers agreement to bury the
overhead utilities lines across Federal Hwy at SE 2nd Avenue in the amount of 50% of the
cost based. on an licensed engineer's or FPL's estimated cost. All utility poles will be
designed in accordance with FPL standards.
(d) Over Sizing; of Lines The Developer will upsize certain utility lines
and install new utility lines that do not serve the Property pursuant to the plans approved by
the City. Capital facilities charge credits will be available for the pipelines that are oversized
and/or new lines installed that serve other properties in accordance with the provisions of
Chapter 26 of the City Code of Ordinances. The City will reimburse the Developer after
"Final Acceptance" of the water and reuse main improvements for the project based on the
percentages indicated on Exhibit 1 attached hereto. Final Acceptance involves compliance
with the City requirements as follows:
(aa) the granting of an appropriate easement over the Developers Property
in the location of the utility line
(bb) the conveyance of said facilities by Bill of Sale
(cc) the completion of all city required punch list items
(dd ) the delivery of "as built "plans
(ee) the approval and sign of the City Health Department
(e) Credit Against Impact Fees Developer is entitled to a credit against
the impact fees as follows:
(aa) The City will collect impact fees for the benefit of Palm Beach
County in connection with the procurement of building permits by
the Developer. The Developer contemplates procuring a credit from
Palm Beach. County for an amount equal to the payments and usage
of the prior owner of the site in connection with. a development that
has been abandoned . To the extent the Developer properly documents
the same to the reasonable satisfaction of the City, the City will apply
said credit against the fees collected at time of building permit
issuance.
(bb) A Capital. Facilities Charge (Water and Sewer) credit from the
City in the amount of $22,516 is to be applied against the Capital.
Facilities charges.
(f) Construction of Storm, Improvements Developer has designed
the Project so that all storm water duality, retention and /or detention improvements for the
Project, together with the interior roadways and driveways to be located within the Project,
drain into the existing City maintained drainage system.
The Developer, at their expense, will be required to provide an easement for
conveyance of storm water for the public rights of way adjacent to the Property by relocating
and constructing a new drainage system on the subject Property. The Developer and /or its
successors will be responsible for the maintenance of said portion of the relocated drainage
system within the subject Property boundaries in perpetuity. In the event the developer
and /or its successors breaches and. provision of this condition, the City may exercise one or
more of the following options, provided that at no time shall City be entitled to receive
double recovery of damages:
(aa) Pursue a claim for damages suffered by City or the public.
(bb) Pursue any other remedies legally available.
(cc) As to any work not performed by the developer and/or its
successors, perform such work with its own forces or through
contractors and seek reimbursement for the cost thereof from the
developer and /or its successors if the developer and /or its
successors fails to cure the non - performance within fourteen (14)
days after written notice from the City of the non - performance,
provided, however, that advance notice and cure shall not be
preconditions in the event of an emergency.
These obligations shall automatically be binding upon and shall inure to the
benefit of the City and Developer and their respective successors and assigns. The terms and
conditions similarly shall be binding upon the Property and shall run with title to the same.
(g) No Platting The Property is not required to be platted. It currently has only
one tax ID #; to wit, 08434528030070010, evidencing it is one unified parcel. Developer shall record
a unity of title for the entire Property in form and content reasonably satisfactory to the City.
(h) Levels of Service The City acknowledges that the "Levels of Service"
monitored by the City and located and subject to the jurisdiction of the City (e.g. water,
sewer, wastewater, solid waste, city roads, parks, school facilities) located in the vicinity of
the Property were sufficient to accommodate the Project at the time of Master Site Plan
approval.
(i) Maintenance Obligations. The Developer and or any successor in title to
the Property agrees that they will have the continuing obligation to maintain the street
lighting adjacent to the Project , so as to illuminate the public rights of way adjacent to the
Project, said street lights being located in Ocean Avenue, SE 4 Street, SE 2" Avenue and
Federal Highway but only with respect to the portion of said streets lying contiguous to the
Project . The Developer at its expense shall install and provide street lighting for the right of
way adjacent to the Project along Ocean Avenue, SE 4 Street, SE 2" Avenue and Federal
I.-lighway, The Developer will provide surety and liability insurance for the work located
within the City and FDOT right of way in a form acceptable to the City prior to issuance or
permits, The Developer and any successor in title will be responsible for the energy cost and
maintenance of lighting in perpetuity for the street lights adjacent to the Property. In the
event the Developer, or a successor in title breaches the afore-described covenant the City
may e\ercise one or more of the following options:
(aa) Pursue a claim for damages suffered by City or the public.
(bb) Pursue any other remedies legally available.
(cc) As to any work not performed by the developer and/or its
successors, perform such work with its own forces or through
contractors and seek reimbursement for the cost thereof from the
developer and/or its successors if the developer and/or its
successors fails to cure the non-performance within fourteen (l 4)
days after written notice from the City of the non- performance;
provided, however, that advance notice and cure shall not be
preconditions in the event of an emergency.
These obligations shall automatically be binding upon and shall inure to the
benefit of the City and Developer and their respective successors and assigns. The terms and
conditions similarly shall be binding upon the Property and shall run with title to the same.
4. Sidewalk Easement. Prior to TCO, CO and/or acceptance of any offsite
improvements the required five (5) foot minimum unobstructed sidewalk casement for public
access adjacent to SE 4"' Street, SE 2" Avenue, and Ocean Avenue must be recorded and
dedicated to the City, The Developer and/or its successors will responsible for the
maintenance of said sidewalk within the five foot easement in perpetuity. This condition shall
automatically be binding upon and shall inure to the benefit of the City and Developer and their
respective successors and assigns. The terms and conditions similarly shall be binding upon the
Property and shall run with title to the same.
5. Representations of the Parties, The City and Developer hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform
the terms and provisions of this Agreement and has taken all necessary action to authorize
the execution, delivery and performance of this Agreement will, When title to the Property is
vested in Developer and/or its designated assignee and when duly executed and delivered by
the City, then this Agreement will be recorded in the Public Records of Palm Beach County,
Florida, and will constitute a legal, �,jalid and binding obligation enforceable against the
parties hereto and the Property in accordance with the terms and conditions of this
Agreement. Developer represents that it has voluntarily and willfully executed this
Agreement for purposes of binding the Property to the terms and conditions set forth in this
Agreement. In the event Developer and/or its assignee does not acquire title to the Property
pursuant to the Purchase Contract then this agreement shall be of no force and effect.
6, Time Period. This agreement shall remain in effect for a period of three (3)
years form the date hereof. Any provision of this Agreement which imposes a maintenance
obligation for the developer and it's successors after expiration of this Agreement shall
survive the expiration of this Agreement.
7. Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Developer and their respective ve successors and
assigns. The terms and conditions of this Agreement similarly shall be binding upon the
Property and shall run with title to the same,
8. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
9, Amendments. This Agreement shall not be modified or amended except by
written agreement duty executed by both parties hereto (or their successors or assigns) and
approved by the. City Commission.
10. Entire Agreement, This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Developer as to the subject
matter hereof.
11. Severa ilitY, If any provision of this Agreement shall beheld to be invalid or
unentorceable to any extent by a court of competent jurisdiction, the same shall not affect in
any respect the validity or enforceability of the remainder of this Agreement.
12, Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both, parties hereto.
13, Recordation. This Agreement shall be recorded in the Public Records of Palm
-
Beach County, Florida.
14. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City, Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or
the public in any manner, which would indicate any such relationship with the other.
15. Sovereign Immunity. Nothing contained in this Agreement shall be construed
as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Sialules,
or any other limitation on the City's potential liability under the state and federal law,
16. City's Police Power, Developer agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers,
IT Interpretation. The parties hereby agree and ackn.owl.edgc that they have both
participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation to this Agreement in the event of a dispute between
the parties.
1.8. Third-Party Ri ghts. This Agreement is not a third party beneficiary contract and
shall not in any way whatsoever create any rights -on behalf of any third party, provided
however, Developer will assign its rights under this document to a to be formed development
entity.
19, Specific Performance, Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided by
this Agreement shall result in irreparable damage and that specific performanec of these
obligations may be obtained by a suit in equity.
, )0 . Attornevs Fegs. In connection with any arbitration or litigation arising out of this
Agreement. the prevailing party shall be entitled to recover reasonable attorney's fees and costs
through all appeals to the extent permitted by law,
2 1, Development Permits, Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
F'ederal permit, condition, term or restriction shall not relieve Developer or the City of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction, Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
part thereof, if Developer is in breach of any terrn and condition of this Agreement.
[,SIGNATURE ON FOLL 0 TVING PAGE]
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first
above written.
ATTEST:
CITY OF BOYNTON BEACH
APPROVED AS TO FORM AND
LEGALITY For the use and reliance of the
City of BOYNTOV Florida only.
Dated A 1,-,? b ! 15
By:
Signed, sealed and
Delivered in the presence
of the following witnesses
o n-, 1-
Name; .. &�w 1 -
STATE OF FLORIDA
COUNTY OF
SKYE AT BOYNTON BEACH, LLC
( "Developer ")
B 'I ,
Salvador Leccese,
President /Manager
The foregoing instrument was acknowledged before me this � 51- day of
_, 2015 by SALVADOR LECCESE, as President/ Manager of Skye at Boynton Beach,
LLC a Florida Limited Liability Company on behalf of said corporation. He is personally known
to me or has produced as identification.
N 4CE flfl / / /� / � /,
DP EXPigFS' 6 i
Notary Publi�Sgna�ture
o
Print Name:
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—� -7 2.Gr �'
Commission No: -IY (t ® �`
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My Commission Expires: = - 1eF
C:%Users \macka\Desktop \500 Ocean. - SL- 2nd Ave (FPi.) \Developer's Agreement redline 3.17.15 City Comment5_Fina,.doc
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1
All of Lots I through 1.4, inclusive, Block 7, LESS the North 8 feet of
Lots 1 through 7, and LESS the East 10 feet of the North 60 feet of said
Lot 14, and ALSO LESS that part of Lot 14, LESS the North 60 feet
thereof, which is included in the external area formed by a 12 foot
radius are tangent to the South line of said Lot 14 and tangent to a line
10 feet West of and parallel to the East line of said Lot 14, Block 7,
TOWN OF BOYNTON, according to the Plat thereof, as recorded in
Plat Book 1, page 23, of the public records of Palm Beach County,
Florida.
PARCEL2
That alleyway identified as SE 1st Place lying between Lots 1 through 7
and Lots 8 through 14, Block 7, vacated pursuant to Ordinance No. 003-
021, recorded in Official Records Book 15483, page 375 and Ordinance
No. 05 -053 recorded in Official Records ]Book 19430, page 1099 and in
Official Records Book 19461, page 143, all of the public records of
Palm Beach County, Florida, which is more particularly described as
follows:
A portion of that certain 20 -foot alley adjacent to Lots 1 through 4 and
Lots 11 through 14, together with the North half of said alley Iying
South of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF
BOYNTON, according to the Plat thereof, as recorded in Plat Book 1,
page 23, of the public records of Palm Beach County, Florida.
AND
A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6
through 9, together with the South half of said alley lying North of and
adjacent to Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON,
according to the Plat thereof, as recorded in Plat Book 1, page 23, of
the public records of Palm Beach County, Florida, more particularly
described as follows:
Beginning at the Southwest corner of said Lot 7; thence South 88° 59'
27" East along the South line of Lots 7 and 6, a distance of 100.00 feet
to the Southeast corner of said Lot 6; thence South 00 02' 09" West
along the Southerly extension of the East line of said Lot 6, a distance
of 10.00 feet to the centerline of said 20.00 foot wide alley; thence
South 88 59' 27" East, along said centerline, 50.00 feet to an
intersection with the Northerly extension of the East line of said Lot
10; thence South 00 02' 09" West, along said Northerly extension,
10.00 feet to the North line of said Lot 10; thence North 88 59' 27"
West, along the North line of said Lots 10, 9 and 8, a distance of 150.00
feet to the East right of way line of Southeast 4th Street; thence North
00° 02' 09" West, along said East right of way line, 20.00 feet to the
POINT OF BEGINNING. Said lands lying in the City of Boynton
Beach, Palm Beach County, Florida.
PARCELS
The North 80 feet of Lot 1 through 7, inclusive, and the South 80 feet of
Lots 8 through 14, inclusive, Block 12, TOWN OF BOYNTON,
according to the Plat thereof, as recorded in Plat Book 1, page 23, of
the public records of Palm Beach County, Florida, LESS the East 10
feet of the North 80 feet of said Lot 1, and LESS that part of the North
80 feet of said Lot 1, which is included in the external area formed by a
12 foot radius are tangent to the North line of said Lot 1 and tangent to
a line 10 feet West of and parallel to the East line of said Lot 1, and
LESS the West 5 feet of the North 80 feet of said .Lot 7, and LESS the
West 5 feet of the South 80 feet of said Lot 8, and LESS the East 1.0 feet
of the South 80 feet of said Lot 1.4, and LESS that part of said Lot 14
described as follows:
From a point on the South line of Lot 14 located 10 feet Westerly of the
Southeast corner of said Lot 14, run Westerly along the South line of
said Lot 14 for 25.51 feet; thence run in a Northeasterly direction along
the are of a curve concave to the Northwest and having a radius of 25
feet for a distance of 39.78 feet to a point on a line parallel to and 50
feet Westerly of, measured at right angles to, the Base Line of Sur'V°cy
of State Road 5, Section 9301 -205; thence run South 0 59' 45" East
along said parallel line for 25.51 feet to the POINT OF BEGINNING.
PARCEL4
Lots 1, 2 and 3, Plat of PORTION OF BLOCK 12, TOWN OF
BOYNTON, according to the Plat thereof, as recorded in Plat Book 1.5,
page 1.8, public records of Palm Beach County, Florida, LESS the East
10 feet of said Lots 1 and 2, and LESS the West 5 feet of said Lot 3.
PARCEL 5
That part of SE Ist Avenue lying between Block 12 and Block 7, vacated
pursuant to Ordinance No. 05 -052 recorded in Official Records Book
19379, at page 101, of the public records of Palm Beach County,
Florida, which is more particularly described as follows:
That certain 40.00 foot wide right -of -way bounded on the North by the
South line of Block 7, on the South by the North line of Block 12, on the
East by the West right of way line of Federal Highway (U.S. Highway
No. 1) and on the West by the East right of way line of S.E. 4th Street,
all in the ORIGINAL TOWN OF BOYNTON, according to the Plat
thereof as recorded in Plat Book 1, page 23, of the public records of
Palm Beach County, Florida, being more particularly described as
follows:
Commencing at the Southwest corner of Lot 8 in said Block 7; thence
South 88 59' 27" East along the South line of said Block 7, a distance
of 5.00 feet to the POINT OF BEGINNING; thence continuing along
said South line South 88° 59' 27 " East, 335.01 feet; thence South 00
02' 09" 'Vest, 51.80 feet to a point of cusp on the West right of way line
of Federal Highway (U.S. Highway No. 1, State Road No. 5); thence
Northwesterly along the are of a curve concave to the Southwest,
having a radius of 12.00 feet, a central angle of 89° 01' 36", an arc
distance of 1.8.65 feet to the point of tangency; thence North 88 59' 27"
West, along the North line of said Block 12, a distance of 323.21 feet to
the Fast right of way line of S.E. 4th Street; thence North 00 02' 09"
East, along said East right of way line, 40.01, feet to the POINT OF
BEGINNING; said lands lying in the City of Boynton Beach, Palm
Beach County, Florida.
PARCEL 6
That part of the sidewalks lying along Ocean Avenue, SE 4th Street and
SE 2nd Avenue vacated pursuant to Ordinance No. 05 -054 recorded in
Official Records Book 19359, at page 1876, of the public records of
Palm Beach County, Florida, which is more particularly described as
follows:
Portions of Southeast 4th Street, Southeast 2nd Avenue and Ocean
Avenue lying adjacent to Blocks 7 and 12, ORIGINAL TOWN OF
BOYNTON, according to the Plat thereof, as recorded in Plat Book 1,
page 23, of the public records of Palm Beach County, Florida, and
Block 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT),
according to the Plat thereof, as recorded in Plat Book 15, page 18, of
said public records, being more particularly described as follows:
Beginning at the Southwest corner of said Block 7; thence South 00 02'
09" West along the West line of said Block 12, a distance of 312.55 feet
to a point on the are of a non - tangent curve concave to the Northeast (a
radial line through said point bears South 69 00' 03" West from the
radius point of the next described curve); thence Southeasterly along
the are of said curve having a radius of 16.19 feet, a central angle of
49 54' 09 ", an are distance of 14.1.0 feet; thence South 88 31' 35"
East, 313.23 feet to a point on the arc of a non - tangent curve concave to
the Northwest (a radial line through said point bears South 00 45' 40"
West from the radius point of the next described curve); thence
Northeasterly along the are of said curve having a radius of 24.00 feet,
a central angle of 44 49' 08 ", an are distance of 18.77 feet; thence
North 00 02' 09 East, along the West right of way line of Federal
Highway (U.S. No. 1, State Road No. 5) to a point of cusp with a curve
concave to the Northwest and reference Point " A " ; thence
Southwesterly along the arc of said curve having a radius of 25.00 feet,
a central angle of 90 58' 24 ", an arc distance of 39.69 feet to a point
on the South line of said Block 12 and the point of tangency; thence
North 88 59' 27" West along said South line, 309.58 feet; thence North
00 02' 09" East, 312.55 feet to the South line of said Block 7; thence
North 88 59' 27" West along said South line, 5.00 feet to the POINT
OF BEGINNING.
TOGETHER WITH:
Commencing at said reference Point "A "; thence North 00 02' 09"
East, 551.91 feet to the POINT OF BEGINNING; thence North 00 02'
09" East, 6.10 feet to a point on the are of a non- tangent curve concave
to the Southwest (a radial line through said point bears North 50 46'
09" East from the radius point of the next described curve); thence
Northwesterly along the are of said curve having a radius of 24.00 feet,
a central angle of 49 48' 36 ", an are distance of 20.84 feet; thence
North 88 59' 27 " West, 152.24 feet; thence South 45 33' 42" West,
4.32 feet; thence South 88 59' 27 West, 166.51 feet; thence South 00
02' 09" West, 11.51 feet; thence South 88 59' 27" East, 340.01 feet to
the POINT OF BEGINNING. Said lands lying in the City of Boynton
Beach, Palm Beach County, Florida.
PARCELS 1 THROUGH 6 ALSO DESCRLBED AS:
Portions of Blocks 7 and 12, ORIGINAL TOWN OF BOYNTON,
according to the Plat thereof, recorded in Plat Book 1, page 23, of the
public records of Palm Beach County, Florida. TOGETHER WITH
portions of Southeast 4th Street, Southeast 2nd Avenue and Ocean
Avenue lying adjacent to said Blocks 7 and 12, ORIGINAL TOWN OF
BOYNTON, according to said Plat. TOGETHER WITH a portion of
Southeast 1st Avenue lying between said Blocks 7 and 12, now vacated,
and a portion of Southeast 1st Place lying in said Block 7, now vacated,
ORIGINAL TOWN OF BOYNTON, according to said Plat. TOGETHER
WITH a portion of Block 12, ORIGINAL TOWN OF BOYNTON
(REVISED PLAT), according to the Plat thereof, as recorded in Plat
Book 15, page 18, of said public records, being more particularly
described as follows:
Commencing at the intersection of the centerline of Ocean Avenue with
the centerline of Federal Highway (State Road No. 5, U.S. Highway No.
1) (100 foot right of way).; thence North 88 59' 27" West along said
centerline of Ocean Avenue, 50.01 feet; thence South 00 02' 09" West,
26.91 feet to the POINT OF BEGINNING; thence continue South 00 02'
09" West, 558.24 feet to a point on the arc of a non- tangent curve
concave to the Northwest (a radial line through said point bears North
44° 03' 28" "West to the radius point of the next described curve);
thence Southwesterly along the arc of said curve having a radius of
24.00 feet, a central angle of 44 49' 08 ", an are distance of 18.77 feet
to the point of tangency; thence North 88° 31' 35" West, 313.23 feet to
a point on the arc of a non- tangent curve concave to the Northeast (a
radial line through said point bears North 19 05' 54" East to the
radius point of the next described curve); thence Northwesterly along
the are of said curve having a radius of 1.6.19 feet, a central angle of
49 54' 09", an arc distance of 14.10 feet; thence North 00° 02' 09 "
East, 588.85 feet; thence South 88 59' 27" East, 166.51 feet; thence
North 45 33' 42" East, 4.32 feet; thence South 88 59' 27" East, 152.24
feet to the beginning of a tangent curve concave to the Southwest;
thence Southeasterly along the are of said curve having a radius of
24.00 feet, a central angle of 49 45' 36 ", an are distance of 20.84 feet
to the POINT OF BEGINNING.
EXHIBIT "B"
SITE PLAN
EXHIBIT I
EXHIBIT 1
500 OCEAN PROJECT
ESTIMATED
UTILITY COSTS
DESCRIPTION
ESTIMATED
COST
CITY
SHARE
DEVELOPER
SHARE
CITY
PERCENTAGE
16" WATER 4TH STREET- 458 LF
128,240
$
91,601
36,639
71.43%
16" WATER 4TH STREET- 200 LF
$
56,000
56,000
$
100%
12" REUSE WATER 2ND AVE- 379 LF
75,000
75,OCO
$
100%
100%
12" WATER FEDERAL HW NORTH -193 LF
61,000
$
61,000
8" WATER FEDERAL HW- SOUTH- 486 LF
$
119,000
$
119,000"
12"'A'ATERRETAlPARKING- 355 LF
$
48,500
31,776
$
16,724
65.520
S" SANITARY RETAIL PARKING. 447 LF
$
56,000
56,000
OCu
8" WATER UNDER BUILDING CREDIT 429LF
$
9,000
$
0%
TOTAL!
$
_552,740
$
315,376
$
228,364
1
TFiis First Amendment to Developer's Agreerent L made and entered into this 16 day of
February2016 by and oetween the City of Boynton B:_,acn (hereinafter referred to as "City ") and
Skye at Boynton .Reach, LLC., (hereinafter referred to °s "Developer "'1collectively referred to
Ps the "parties
"r''1 'i AFi the City and Developer entered into a Developer's Agre --ment ( "Ageement ")
dated May S, 2015, a copy of which is attached hereto as Exhibit "A "; and
v�' a :E'AS, Developer is obligated to construct on -street parking along U.S. Iligb - way One as a
condition of the approved site plan; and
x.' :1� ., as a condition aC construction of the on-street parking, the City was required to
enter into an Agreement with .the Florida Department of Tran7portation (hereinafter "FDOT ");
and
`.V ' ".4,AsN, THE Developer has agreed to iodeint,ify the City against all risk <u ising from the
ity's agreement with FDO'l'; and
a + :_ rr , the Developer oas agreed to reimburse the City for fhW cost of any bond ± equired
b Y FDO ":l' of the City; and
7 27 1 f+N, the parties desire to :Further nn.d a�e said Agreement as provided below.
f; .' " : '+- <.s4 7 , in consideration of the premises , d for other good and valuable
consideration, the receipt and sufficiency of which are hereby ackpowlcdged, tho parties agree as
i�ilov.s:
Fhe recitals contained herein are hereby incotporaied by referenes
2. Developer has .reviev✓ed the City's Agreement with 1<DOT and agrees to inde. ranify the
City against any risk: to the City arising from that Agreement; and
3. The Developer shall pay to the City, within thirty days of writte.i request, the cost of any
bond required of the City by FDGT; and
4. This Agreement shall survive the expiratio of the Developer's Agreement and shall
remain in effect until the City has satisfied its obligations under the City's Agreement with
FDOT and has been release chere:frorn.
S. Th;, terms and conditions of the Agreenit- t shall .remain in full force and effect except as
specifically amended herein. In the event of a conflict between the terms of the
Agreement and this First Amendment, the terms of the First Amendment shall control.
of 2
2 c
V
%
BY: M
TITLE:
JATE:
Staie of Florida
COU11tv
'
The foregoing instrument was acknowledged before T.nQ this — ?-441 day of January, 201.6 by
- - — A. 0 in his capacity as Wha��Aiq-cT--ol'Skye at Boynton Beach,
LLC., V.
Known to Me
I
Notary Signature:( �:
':I. - -. I I
N I . 110
O XP)
Produced Identification
o� 2