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R19-102 1 RESOLUTION NO. R19-102 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PURCHASE AND SALE AGREEMENT, SUBJECT TO REVIEW AND FINAL APPROVAL BY THE CITY ATTORNEY'S OFFICE, SELLING A PORTION OF TRACT I IN QUANTUM PARK OVERLAY DEVELOPMENT DISTRICT TO FH QUANTUM • LLC,SUBJECT TO THE CONDITIONS OF USE BY FH QUANTUM 11 LLC; AND PROVIDING AN EFFECTIVE DATE. 11 1 . WHEREAS, the City accepted ownership of Tract I with Quantum Park at Boynton 1 Beach PID which has a portion of the parcel being a small finger canal and is a portion of a 1 lake utilized for stormwater management for the surrounding parcels; and 1 , WHEREAS, the adjacent property owner has requested to purchase a portion of the 1: tract as described in the legal description to increase the parking area for 3301 Quantum Blvd 1 to allow for additional employee growth for the main tenant in the building; and 1; WHEREAS, Staff has reviewed the proposed concept plan for the parking and 1• determined that it would be a compatible use and that the property does not have any 21 marketable value in it's current condition; and 21 WHEREAS, the purchase and sale of the property is contingent on the ability of the 2• proposed owner to receive all necessary permits and approval to construct the improvements; 2 and 2, WHEREAS,the City Commission has determined that it is in the best interests of the 2- residents of the City to approve and authorize the Mayor to sign a Purchase and Sale 2: Agreement subject to review and final approval by the City Attorney's office,selling a portion 2 of Tract I in Quantum Park Overlay Development District to FH Quantum LLC, subject to 2; the conditions of use by FH Quantum LLC. 2• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF C:\Users\StanzioneTAppData\Local\Microsoft\W indows\MetCache\IE\FE6MEH3 X\Porchase_and_Sale_Agreement_with_FH_Quantum-_Reso.docx 30 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission does hereby approve and authorize the Mayor to 35 sign a Purchase and Sale Agreement, subject to review and final approval by the City 36 Attorney's office, selling a portion of Tract I in Quantum Park Overlay Development District 37 to FH Quantum LLC, subject to the conditions of use by FH Quantum LLC. 38 Section 3. A copy of the final Purchase and Sale Agreement will be attached 39 hereto as Exhibit"A". 40 Section 4. This Resolution shall become effective immediately upon passage. 41 42 PASSED AND ADOPTED this 17Tday of cr ,- _Pc, 2019. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 46 Mayor—Steven B. Grant (/ 47 48 Vice Mayor—Justin Katz ✓ 49 50 Commissioner—Mack McCray t/ 51 52 Commissioner—Christina L. Romelus 53 54 Commissioner—Ty Penserga 55 56 VOTE �—O 57 ATTEST: 58 60 C tal Gibson, M C c 61 City Clerk C; ' 62 tg Ht 920 63 ; V 64 (Corporate Seal) s •• `, L O`_� C:\Users\StanzioneTAppData\Local\Microsoft\W indows\INetCache\IE\DHL I S8RX\Porchase_and_Sale_Agreement_with_FH_Quantum-_Reso.docx CONTRACT FOR SALE AND PURCHASE THIS CONTRACT FOR SALE AND PURCHASE ("Agreement") is entered into on this 4 day of , , 2019, by and between City of Boynton Beach, a political subdivision of the State of Florida("City"or"Seller")and FH Quantum,LLC("Purchaser"or"FH Quantum"). RECITALS: WHEREAS, the City is the fee simple owner of the real property set forth in Exhibit "A" (the "Property"); WI-IEREAS, this Agreement is the culmination of negotiations and mutual understandings held by the parties, and the parties wish to establish by agreement the terms under which the Property may be purchased by FH Quantum; and NOW, THEREFORE,for and in consideration of the mutual terms, conditions,promises, covenants,and payments hereinafter set forth,City and Purchaser agree as follows: ARTICLE 1 PURCHASE AND SALE 1.1 Agreement of Purchase and Sale. City and Purchaser hereby agree that City shall sell and convey and Purchaser shall purchase the following: All of City's rights, title, and interest in and to that parcel of real property more particularly described in the legal description,attached hereto and made a part hereof as Exhibit "A". 1.2 Purchase. Purchaser agrees to pay as and for the total purchase price for the Property in the manner and at the times hereinafter specified, the sum of Ten Dollars($10.00), plus costs and expenses of closing as provided by this Agreement(the "Purchase Price"). ARTICLE 2 DEFINITIONS 2.1 Effective Date. The Effective Date of this Agreement shall be the date of the last party to execute the Agreement. 2.2 Use. The FH Quantum Use of the Property shall be a parking area. 2.3 Due Diligence Period. The Due Diligence Period shall be a period commencing on the Effective Date and ending thirty(30)days thereafter. ARTICLE 3 CLOSING 3.1 Time and Place. It is agreed that this transaction shall be closed, and Purchaser shall pay the Purchase Price, and City and Purchaser shall execute and deliver all papers or documents necessary to be executed by such parties under the terms of this Agreement on or before the thirtieth day (30th) after the end of the Due Diligence Period. Closing shall be at the City of Boynton Beach, located at 3301 Quantum Boulevard, Boynton Beach, Florida 33426, at a room to be designated by City prior to closing, or at such other place as the parties may mutually (00345295.1306-9905430) 1 designate not less than three (3) calendar days' prior to the closing. Possession and occupancy of the Property shall be delivered to Purchaser at the time of closing, and City shall be entitled to receive the net proceeds of the sale at such time. 3.2 Conveyances. The Property •herein described shall be conveyed at closing by delivery of a properly executed and acknowledged special warranty deed substantially in the form of Exhibit "B n 3.3 Closing Costs. Purchaser shall cause to be placed upon the deed conveying the Property, state surtax and documentary stamps as required by law, and Purchaser shall pay for the cost of recording the deed. Seller shall pay the cost of recording any corrective instruments that may be necessary to assure good and marketable title. Purchaser shall pay all other costs associated with the closing. ARTICLE 4 OBLIGATIONS 4.1 PH Quantum's Obligations. FH Quantum may,commencing as of the Effective Date through the date that is thirty(30)days following the Effective Date(the"Due Diligence Period"),personally or through others, make such inspections, tests and investigations of the Property (including, by way of example only and not by way of limitation, title, survey, borings and physical samplings, engineering studies, environmental audits,determination of utility locations,soil tests, etc.)as FH Quantum deems necessary or advisable in FH Quantum's sole and absolute discretion to determine the suitability of the Property for the FH Quantum Use (the "Due Diligence" or "Inspections"). If FH Quantum determines that it is not satisfied with the Property for any reason or no reason whatsoever in FH Quantum's sole and absolute discretion, then FH Quantum may, upon written notice to the City,terminate this Agreement at any time prior to the expiration of the Due Diligence Period. Anything herein to the contrary notwithstanding, FH Quantum may forego all or any portion of the Due Diligence Period and declare that the Due Diligence Period has expired. 4.2 City's Obligations. Upon submission to the City of the Design Development Drawings, the City shall commence a review of all information provided therein. Such Design Development Drawings shall be reviewed and processed by the City pursuant to those ordinances relating to expedited permitting, namely Ordinance No. 19-025 and those ordinances relating to administrative approval of a site plan, names Ordinance No. 19-034. The City has reviewed proposed Design Development Drawings prior to the Effective Date of this Agreement and based upon such review, has concluded that both ordinances would apply and the FH Quantum Use is feasible. ARTICLE 5 PERMIT COMPLIANCE 5.1 FH Quantum shall co-operate with the City and the City shall cooperate with FH Quantum to design appropriate storm water runoff capacity so as to maintain any and all storm water runoff retention permits (identified as South Florida Water Management District Surface Water Management Permit No. 50-01503-5 that may be applicable in relation to the increase of impervious area or loss of existing storage capacity as a result of FH Quantum's activity or as a result of the completion of a parking lot on the Property. FH Quantum covenants and agrees to be obligated to ensure compliance with the Permit and its conditions. The City acknowledges, 100345295.1306-49054301 2 understands and agrees that the capacity for such additional storm water runoff shall be on property adjacent to the Property which is not necessarily owned by FH Quantum but owned by the City. FH Quantum acknowledges, understands and agrees that the sole cost and expense of the design and installation of such additional storm water runoff shall be the obligation of FH Quantum regardless of its location.This provision shall survive closing. 5.2 Pre-Closing.Rights. The City hereby grants such temporary rights to FH Quantum to go on the Property and carry out such portions of Article 5 as are applicable after the end of the Due Diligence Period and up to and through the date of closing. ARTICLE 6 TITLE 6.1 Examination and Approval of Title. Purchaser shall secure such evidence of title as is satisfactory to Purchaser and, at the expense of Purchaser,cause an examination of such evidence • of title to be performed prior to the end of the Due Diligence Period. It is understood and agreed that should such evidence of title or its examination reveal defects or deficiencies in the title to the Property that would render title to the Property unmarketable or uninsurable by a responsible title company at regular rates, or impede or limit the FH Quantum Use, then in such event, Purchaser shall notify City of such defects or deficiencies, and City shall have the option of curing same and closing of this transaction shall be postponed until such deficiencies or defects are cured, but in no event shall closing be postponed for more than thirty (30)days. In the event City elects not to attempt to cure such title defects or deficiencies, or is unable to cure such title defects or deficiencies, then it shall notify Purchaser within ten (10) days after receipt of notice of such defect or deficiencies. In such event, Purchaser shall have the option of either accepting title as it then is and paying the Purchase Price therefor, or, in the alternative, Purchaser shall have the option of declaring this Agreement canceled by written notice to City, and each party shall be relieved of any further obligations hereunder. ARTICLE 7 COMMISSIONS 7.1 Broker's Commission. Purchaser and City hereby represent and warrant that each has not dealt with a real estate broker pursuant to the transaction herein. ARTICLE 8 INSPECTIONS AND INVESTIGATIONS 8.1 Inspections and Investigations. Purchaser, at its sole expense, shall have the right to perform such inspections and investigations for thirty (30) days subsequent to the Effective Date on or with respect to the Property as Purchaser shall deem to be reasonably necessary or desirable in order to determine the existence of any facts or conditions with respect to the Property that could adversely affect its suitability for the FH Quantum Use or impose any unintended liability on Purchaser as the owner thereof under any law. Such inspections and investigations may address, without limitation, the following matters: (i) the availability of utilities and of permits, licenses, variances, and other governmental approvals necessary for the development and use of the Property; (ii) the physical characteristics of the Property; and (iii) the compliance of the Property with environmental, zoning, subdivision, or other laws. If, prior to the expiration of the Inspection Period, Purchaser shall determine, in its sole discretion, that any facts or conditions exist with respect to the Property that render the Property unsuitable for its 100345295.1 306,3905430) 3 intended use or that could impose unintended liability on Purchaser as the owner thereof, then, on or before the expiration of the Due Diligence Period, Purchaser may deliver written notice to City either: (a) electing to terminate this Agreement with no further liability to either party; or (b) describing the conditions of the Property that render the Property unsuitable for FH Quantum Use or which can impose unintended liability on Purchaser, in which case, upon receipt of such notice, the City may elect either: (1) to terminate this Agreement with no further liability to either party; or(2)within thirty(30)days after receipt of Purchaser's notice, cure such conditions to Purchaser's reasonable satisfaction. ARTICLE 9 MATTERS PRIOR TO CLOSING 9.1 Access to the Property. At such times as City and Purchaser may mutually agree prior to the closing, City shall provide to Purchaser or to its employees, agents, and contractors: (i) reasonable access to the Property and to the books, records, and personnel of City relating thereto for the purpose of making any surveys, inspections, or investigations permitted by this Agreement; and (ii) such information regarding the Property as Purchaser or its employees, agents, and contractors may reasonably request. Further, the City shall provide access to the Property commensurate to the completion of, and which will allow for, the matters set forth in Article 5 to be carried out and completed in accordance with the terms hereof. • ARTICLE 10 DEFAULT 10.1 Default by Purchaser. If Purchaser fails, neglects, or refuses to perform Purchaser's obligations under this Agreement, within the time specified, City may elect to terminate this Agreement upon written notice to Purchaser, or the City may institute specific performance of this Agreement in accordance with the terms hereof. 10.2 Default by Seller. If Seller fails, neglects, or refuses to perform Seller's obligations under this Agreement, within the time specified, FH Quantum may elect to terminate this Agreement upon written notice to Seller, or FH Quantum may institute specific performance of this Agreement in accordance with the terms hereof. 10.3 Notice of Default. In the event of a default, such party shall be obligated to notify the other party of such default and to give the defaulting party ten(10) days to cure such default from receipt of notice before the non-defaulting party exercises any of the rights and remedies specified in this Article 10. In the event of litigation, the prevailing party shall be awarded attorneys' fees, costs and expenses as set forth in Article 12. ARTICLE 11 DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH HEREIN, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. CITY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE INCOME OR EXPENSES FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. 100345295.1 306-9905430) 4 WITHOUT LIMITING THE FOREGOING, CITY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CITY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT CITY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. ARTICLE 12 MISCELLANEOUS 12.1 Notices. In order for a notice to a party to be effective under this Agreement, notice must be (i) personally delivered with receipt thereof, (ii) sent via U.S. first-class mail with receipt thereof, or (iii) via e-mail to the addresses listed below with request for electronic receipt from receiving party. Notice shall be effective upon delivery, mailing or email so long as receipt is requested. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with the provisions of this Article 12. FH Quantum: Managing Member FH Quantum LLC Address: do Joshua W. Schrager 200 South Park Road, Suite 425 Hollywood,FL 33021 Email: josh@lienbase.com with a copy to: Michael S. Weiner,Esq. Sachs Sax Caplan, PL 6111 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 Email: mweiner@ssclawfinn.com For the City: Lori LaVerriere City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach,FL 33425-0310 Email: LaVerriereL@bbfl.us with a copy to: James Cherof,Esq.and Donald J. Doody,Esq. City Attorney's Office City of Boynton Beach 100 E.Boynton Beach Blvd. 00345295.1 306-9905 430) 5 P.O.Box 310 Boynton Beach,FL 33425-0310 Email: jcherof@cityatty.com cityatty.com 12.2 Agreement Effective. This Agreement shall not be effective or binding upon any of the parties hereto until it is approved and executed by the person or persons with authority to approve and sign this Agreement on behalf of each party. 12.3 Amendments. No modification, amendment, or alteration in 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 the City and Purchaser or others delegated authority to or otherwise authorized to execute same on their behalf. 12.4 Assignment. This Agreement is not assignable without the prior written consent of the City and without an assignment/assumption agreement in a form satisfactory to the City. 12.5 Contingent Precedent. The City's obligation to close is contingent on City and Purchaser entering into a Parking Facility Agreement prior to closing relative to the availability of parking spaces as contemplated in the Ground Lease entered into between City and Purchaser dated 12.6 Persons Bound. The benefits and obligations of the covenants herein shall inure to and bind the respective heirs, personal representatives, successors, and assigns (where assignment is permitted) of the parties hereto. Whenever used, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. 12.7 Time of the Essence. It is hereby understood and agreed between the parties that time is of the essence throughout this Agreement. 12.8 Public Entity Crime Act. Purchaser represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of certain limits, all as provided in Section 287.017, Florida Statutes. 12.9 USTD Blocked Persons. FH Quantum represents and warrants that neither they nor the officers and directors controlling FH Quantum are acting, directly or indirectly, for or on behalf of any person, group, entity, or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity, or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and that they are not engaged in this transaction directly or indirectly on behalf of, or facilitating this transaction directly or indirectly on behalf of, any such person,group, entity or nation. t00345795.1306-9905430) 6 12.10 Third Party Beneficiaries. Neither Purchaser nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 12.11 Materiality and Waiver of Breach. City and Purchaser agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement,and that each is,therefore,a material term hereof. A failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.12 Severability. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. 12.13 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties acknowledge and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights and/or hereunder, shall be exclusively in the state courts for the Judicial Circuit in Palm Beach, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts. BY ENTERING INTO THIS AGREEMENT,PURCHASER AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 12.14 Further Assurances. Each party agrees that it will without further consideration execute and deliver such other documents and take such other action, whether prior or subsequent to closing, as may be reasonably requested by the other party to consummate more effectively the purposes or subject matter of this Agreement. Without limiting the generality of the foregoing, either party shall, if requested by the other party, execute acknowledgments of receipt with respect to any materials delivered by either of the parties to the other party with respect to the Property. 12.15 Joint Preparation. Each party and its counsel have participated fully in the review and revision of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 12.16 Radon Gas and Other Environmental Notification. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your City public health unit. 12.17 Survival, Duration. All obligations, covenants, grants, representations, and warranties of each party contained herein shall survive, and shall not be waived by, any investigation by the other party, the execution and delivery of this Agreement, or the performance by the parties of their (00345295.1 306-9905430) 7 respective obligations hereunder, including, without limitation, the delivery of the deed. All covenants and agreements of the parties set forth herein shall continue in full force and effect from and after the date hereof until such date as all of such covenants and agreements have been satisfied in full or waived or this Agreement has otherwise been terminated. 12.18 Prior Agreements. This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. 12.19 Incorporation by Reference. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibit "A", Exhibit "B" and Exhibit "C" are incorporated into and made a part of this Agreement, 12.20 Prevailing Parties. If any action at law or in equity shall be brought for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs associated therewith and a reasonable attorney fee,the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 12.21 Representation of Authority. Each individual executing this Agreement on behalf of a party hereto does hereby represent and warrant that he or she is, on the date he or she signs this Agreement,duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party. 12.22 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement. Electronic signatures shall be deemed originals. (00345295.1 306-9905430) 8 IN WITNESS WHEREOF,the parties thereto have made and executed this Contract for Sate and Purchase on the respective dates: CITY, through its Board of City Commissh ers, si ng b and through its City Manager,authorized to execute same by Board action on the i- Iay of „ ,?. »p, 2019,and Purchaser,signing by and through its _('i 1 m./,>r ,duly authorized to execute same. CITY( F 3OO Y�I,tON� 4 ( ii`)) 4/LQ�" \(Z )1)(,t,( 1 r _ t M yor—Steven Grant' Tammy L Stilnzkane WITNESS—PRINT NAME _21(11- A,a)_ i _....._ 61:ti,10 140. (L.4..h.1 II (l WITNESS—PRINT NAME ATTEST: Approved as to form and legal sufficiency: / 7., COW Gibson Re, City Clerk ,,.BOYN-° City Attorney Dat - -------_ Date: ---- DEVELOPER: FH Quantum LLC WIINESS$S: r r By : Print Nine(et ' : IN WITNESS WHEREOF,the parties hereto have made and executed this Contract for Sale and Purchase on the respective dates: CITY, through its Board of City Commissio era, sl %lug b and through its City Manager,authorized to execute same by Board aotion on the Infbay of etc x • 2019,and Purchaser,signing by and through Its__ ieytt!- __,duly authorized to execute same. _ ! CITY I; 3OY► ON��. ,Q/r _f 1 UCX 11 &IA- _ AP'. /j yor--Steven Gm' ' ammy L. S nzione WITNESS—PRINT NAME ,(//f7/o2i0/? Datd. 1. , _-, ..! _I1 NA--1-tcyLO CUt_trr ___ WITNESS—PRINT NAME .,,^ ATTEST: -y - Approved as to favm and legal sufficiency; 44/ 4, 4;4)&2' tk' '-'" it i:l‘AdV Cl Gibson " '_'� viti�‘ Ci Clerk .-f Attorney City .�$O`_ Cil Attorney f 6/a1o19 _____,47/y <6/Y Dat Date: DEVELOPER: FH Quanhnn LLC WITNESSES: By: Print Name: __ Print Name: • Title:. Print Name: Day of __,2019 KONS2l511O6 OS4S0) i,t 1 EXHIBIT "A" DESCRIPTION: A PORTION OF WATER MANAGEMENT TRACT "I", QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57 AT PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT "I"; THENCE, ALONG THE EAST LINE OF SAID TRACT "I", SOUTH 49'50'39" WEST, A DISTANCE OF 370.00 FEET; THENCE, DEPARTING SAID EAST LINE OF TRACT "I", NORTH 35'56'22" WEST, A DISTANCE OF 151.04 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF WETLAND TRACT "W" OF SAID QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2; THENCE, ALONG SAID EAST LINE OF TRACT "W" THE FOLLOWING SIX (6) COURSES, NORTH 65'52'10" EAST, A DISTANCE OF 87.38 FEET; THENCE NORTH 11'13'25" EAST, A DISTANCE OF 54.70 FEET; THENCE NORTH 10'45'05" EAST, A DISTANCE OF 109.60 FEET; THENCE NORTH 10'55'40" WEST, A DISTANCE OF 48.52 FEET; THENCE NORTH 08'17'54" EAST, A DISTANCE OF 110.24 FEET; THENCE NORTH 34'06'54" EAST, A DISTANCE OF 25.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID TRACT "I" AND THE SOUTH LINE OF TRACT "B" (QUANTUM BOULEVARD) OF SAID QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 AND A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 450.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 34'06'54" WEST; THENCE, ALONG SAID NORTH LINE OF TRACT "I" AND SOUTH LINE OF SAID TRACT "B" AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'43'45", A DISTANCE OF 123.54 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 40'09'21" EAST, A DISTANCE OF 230.00 FEET TO THE POINT OF BEGINNING. CONTAINING 80,266 SQUARE FEET OR 1.8426 ACRES, MORE OR LESS. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. LEGEND/ABBREVIATIONS CL - CENTERLINE PG. - PAGE U.E. - UTILITY EASEMENT FPL - FLORIDA POWER & LIGHT COMPANY POB - POINT OF BEGINNING LB - LICENSED BUSINESS QC - QUANTUM COMMUNICATIONS, INC. P.B. - PLAT BOOK SB - SOUTHERN BELL NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF N49'50'39"E ALONG SOUTH LINE OF SECTION 15, TOWNSHIP 46 SOUTH, RANGE 42 EAST, RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT). 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY AS SUCH. 6. RECORDING INFORMATION SHOWN HEREON IS OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEMBER 9, 2019. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTE 472.027. SHEET 1 OF 2 CAULFIELD & WHEELER, INC. DATE 09/09/19 Q CIVIL ENGINEERING - LAND SURVEYING Q 7900 GLADES ROAD - SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 DAVID P. LINDLEY F.B./ PG. NONE REGISTERED LAND QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 2 SURVEYOR NO. 5005 SCALE NONE PORTION OF WATER MANAGEMENT TRACT WI" STATE OF FLORIDA SKETCH OF DESCRIPTION LB# 3591 JOB NO. 8678 EP1 EXHIBIT "A" •4, \ LOT 93 O,h� QQUANTUM 3 4.-— O O if. 4 (P.B. 60, PG. 29) 60. % \ /11\ 0 30 6 0 �� `tib �\N �O%S A0• \ Vo00 ��°o N \ `�J�tsa 9/-, O \ ?0 Q F GRAPHIC SCALE N •N �s1r, o00 G'4 74o \0 TTH (IN FEET) \ h 00, it" mss' \ \ ,0„-.9 0 Cr„ \ s Co ?'/9 '90 BO co A i < \? � ``�,�• s>O �'%yam sx-1 o oo \\c��, '� ��' 8 J -9� WETLAND S G \ i `9. J 2 TRACT "W,> N $s �. ) 'P, \\ !e QUANTUM PARK AT f sj�p \ BOYNTON BEACH, P.I.D. EAST LINE 'OG,LO \ -p \ PLAT NO 2 TRACT "W" 9c F \ -V• P.B. 57, PAGE 184) <<7,..„ 2. iW J \ n. \ go co \ .4- of \ '' POB \ \ NE CORNER- A PORTION OF TRACT "I" \ `ice,, WATER MANAGEMENT \\ N TRACT "I" r- QUANTUM PARK AT 2 BOYNTON BEACH, P.I.D. +t• PLAT NO 2 'bri- + (P.B. 57, PAGE 184) 43F 6'38, PG'\ ,�10. S O s. czP' Ott% LOT 12 �•,_ QUANTUM PARK AT BOYNTON BEACH, P.I.D. WATER MANAGEMENT `s PLAT NO 2 Oma, (P.B. 57, PAGE 184) TRACT "I" SHEET 2 OF 2 CAULFIELD & WHEELER, INC. DATE 09/09/19 'PHONE CIVIL ENGINEERING - LAND SURVEYING Q7900 GLADES ROAD - SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 (561)-392-1991 / FAX (561)-750-1452 F.B./ PG. NONE QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 2 SCALE 1"=60' PORTION OF WATER MANAGEMENT TRACT "I" SKETCH OF DESCRIPTION JOB NO. 8673 [P1