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Agenda 09-17-19 The City of wr Boynton Beach y City Commission Agenda Tuesday, September 17, 2019, 6:30 PM Intracoastal Clubhouse Park 2240 N. Federal Highway Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www.boynton-beach.org Page 1 of 972 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit- Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state your name for the record DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Intracoastal Park Clubhouse, 2240 N. Federal Highway, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule- some meetings have been moved due to Holidays/Election Day). Page 2 of 972 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation - Reverend Hernandez of St. Vincent Seminary Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Conduct Second Public Budget Hearing for FY 2019/2020 Annual Budget. PROPOSED RESOLUTION NO. R19-093- Adopt the Final millage rate for the General Fund for Fiscal Year 2019-2020. PROPOSED RESOLUTION NO. R19-094- Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2019-2020. B. PROPOSED RESOLUTION NO. R19-095- Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2019-2020. C. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Announcement of recent state and national marketing and event awards. The state awards will be announced by Suzanne Neve, Chief Executive Officer of the Florida Festivals and Events Association. The national awards will be announced by Eleanor Krusell, Public Communications & Marketing Director. B. Announcement by Laura Lansburgh, Marketing Manager, about the City's Baby Safety Expo. C. Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. D. Mayor Steven B. Grant to proclaim September as Deaf Awareness Month in the City of Boynton Beach. Beth Wagmeister, Deaf Advocate, to accept the proclamation. E. Per the request of the City Commission, Craig Clark, Library Director, will provide an update to the City Commission on our library services and programs. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Page 3 of 972 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R19-096-Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2019-2020. B. PROPOSED RESOLUTION NO. R19-097-Accept the transfer of all assets from the Quantum Park Overlay Development District for ownership by the City. C. PROPOSED RESOLUTION NO. R19-098- Resolution ratifying the Quantum Park Overlay Dependent District annual budget for FY 2019-2020. D. PROPOSED RESOLUTION NO. R19-099- Authorize the Mayor to sign Second Lease Amendment for the temporary space located at 2045 High Ridge Road - Temp Police Headquarters. E. Approve the issuance of an annual blanket purchase order to South Florida Emergency Vehicles for an estimated annual expenditure of $75,000. South Florida Emergency Vehicles is the sole source authorized dealer and repair center for Fire Engine and Ladder units. F. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for September 17, 2019- "Request for Extensions and/or Piggybacks." G. Approve Task Order UT-3C-03 with Globaltech, Inc. in the amount of $69,301.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by City Commission on August 7, 2018 for the West Water Treatment Plant Arc Flash Study project. H. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ended J my 31, 2019. I. Accept the written report to the Commission for purchases over $10,000 for the month of August 2019. J. Approve the Bid for "ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid No. 043-1412-19/MFD to the following eight (8) companies: 5 Star Enterprises, Clean All Products, CleanAll Supply, Imperial Dade, Medline Industries, Pride Enterprises, Pyramid School Supplies and Unipak on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Items will be ordered on an "AS NEEDED" basis for an estimated annual expenditure of$40,000. K. Approve the minutes from City Commission meeting on September 5, 2019. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Authorize the purchase of equipment and security tags to upgrade the Library's Inventory and Security sytems to Radio-frequency Identification (RFID) Technology and an Automated Materials Handling System from Bibliotheca, LLC of Norcross, GA in the amount of $236,634.38 as a sole source vendor purchase. B. Approve modification to the Landscape Maintenance award and annual expenditure; Bid #029- 2730-18/ITfrom $1,080,896.18 to $1,339,994.54 through the extent of the bid term on September 30, 2020. C. Approve Task Order UT-1C-04 with Carollo Engineers in the amount of $189,508.00 in Page 4 of 972 accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018 for the Reclaimed Water System Expansion Hydraulic Analysis project. D. Approve a change order in the sum of $269,412 with Haskell for the District Energy Plant to provide funding to install a 350 ton "swing" chiller. This will result in a revised contract total of $10,716,956 for the plant construction, and a revised purchase order total of$8,765,996. E. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for September 17, 2019- "Request for Extensions and/or Piggybacks." 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 19-029 - FIRST READING - Approve request for abandonment of a portion of the unimproved NE 3rd Street right-of-way, north of NE 9th Avenue, in connection with: PROPOSED RESOLUTION NO. R19-100- Accepting the dedication of property from the Community Redevelopment Agency (CRA) and realignment, and extension of NE 3rd Street from NE 9th Avenue to Martin Luther King, Jr. Boulevard (ABAN 19-001). (Resolution adoption will be upon second reading of the Ordinance) Applicant: Michael Simon, CRA Executive Director. B. Approve MILK Overlay and Use Matrix Revisions Part I (CDRV 19-006) - Amending the LAND DEVELOPMENT REGULATIONS: PROPOSED ORDINANCE NO. 19-030 - FIRST READING - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions; PROPOSED ORDINANCE NO. 19-031 - FIRST READING - (2) Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services; PROPOSED ORDINANCE NO. 19-032 - FIRST READING - (3) Chapter 3. Zoning, Article I11. Zoning Districts and Overlays, and Article IV. Use Regulations; and PROPOSED ORDINANCE NO. 19-033 - FIRST READING - (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MILK Overlay, modifications to rezoning-master plan application process, corrections pertaining to Mixed-Use zoning districts and revisions to Use Matrix, Residential and Lodging category. Applicant: City-initiated. C. PROPOSED ORDINANCE NO.19-034 - FIRST READING -Approving efficiency improvements to the Site Plan Review Process (CDRV 19-007) through amendments to the LAND DEVELOPMENT REGULATIONS Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services, Section 2. F. Site Plan, Including Time Extension and Modifications that begin implementing staff recommendations from the internal review of the City's development review process. Applicant: City-initiated. 9. CITY MANAGER'S REPORT - None Page 5 of 972 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R19-101 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Wells Landing, LLC in association with their application for the 9% tax credit for Low Income Housing Tax Credits and sign any related application documents to confirm such support. 12. LEGAL A. PROPOSED ORDINANCE NO. 19-035 - FIRST READING - Approve Ordinance establishing regulations regarding the posting of underage drinking signs. B. City Commission is requested to review the Lien Modification Order issued by the Special Magistrate at the August 21, 2019 hearing for case# 11-2277. C. PROPOSED ORDINANCE NO. 19-036 - FIRST READING - PUBLIC HEARING - Approve the change in qualifying dates for candidates for the March 17, 2020 municipal election. D. PROPOSED RESOLUTION NO. R19-102- Authorize the Mayor sign a purchase and sale agreement selling a portion of Tract I in Quantum Park Overlay Development District to FH Quantum LLC, which own 3301 Quantum Blvd subject to the conditions of use by FH Quantum LLC. E. Report by City Attorney on City of Delray Beach—Lake Ida Park Addition Annexation. 13. FUTURE AGENDA ITEMS A. Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 March 17, 2020 B. Discuss use policy for all City Parks- October 1, 2019. C. Amendment to DROP provisions in City's three pension plans (Ordinance) - October 1, 2019 D. Presentation of a Resolution from the FL Association of City Clerks, recognizing Judy Pyle's retirement. - October 1, 2019 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 972 1.A. OPENING ITEMS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation - Reverend Hernandez of St. Vincent Seminary Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 7 of 972 2.A. OTHER 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Conduct Second Public Budget Hearing for FY 2019/2020 Annual Budget. PROPOSED RESOLUTION NO. R19-093-Adopt the Final millage rate for the General Fund for Fiscal Year 2019-2020. PROPOSED RESOLUTION NO. R19-094-Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2019-2020. EXPLANATION OF REQUEST: This is the second and final Budget Public Hearing for FINAL adoption of the millage rate and operating budget for FY 2019-20. Staff will provide a budget overview(power point). As a result of the Budget Workshops that were held on July 15th and 16th, 2019 the City Commission approved a proposed millage rate of 7.9000 mills and a proposed General Fund budget of$95,978,175. The proposed FY 19/20 General Fund Budget of$96,358,776 is an increase of 5.7% or $5,234,750 over the original adopted FY 18/19 General Fund Budget of$91,124,026. Based on Commission decisions since the July budget workshops, the following changes have been incorporated into the proposed tentative budget. 1) Increased General Fund from$95,978,175 to $96,358,776. This was needed to reflect the CRA funded Police staff, Plans Examiner position, Initial phase of mobility plan, contractual services for Crossing Guards, Recreation department reorganization, and Fire RMS System.. 2) Increased Golf Fund from$1,924,465 to $2,199,465 due to staff identification of needed irrigation repairs on the golf course. 3) Increased Local Government Surtax Capital Projects Funds from$7,000,424 to $7,060,424 due to Fire Station 1 Vehicle Exhaust System related to the Town Square Project. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget provides appropriations to provide City services. FISCAL IMPACT: Budgeted Adoption of the millage rate and budget allows for appropriations to provide City services. ALTERNATIVES: N/A Page 8 of 972 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Final Millage Resolution FY19-20 D Resolution Final Budget Resolution FY19-20 Page 9 of 972 I RESOLUTION R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA ADOPTING A FINAL MILLAGE RATE FOR 5 THE CITY'S GENERAL OPERATING FUND FOR THE 6 FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND 7 ENDING SEPTEMBER 30, 2020, PROVIDING THAT FINAL 8 MILLAGE RATE OF 7.9000 MILLS IS 4.75% ABOVE THE 9 ROLLED-BACK RATE OF 7.5418 MILLS; PROVIDING 10 FOR SEVERABILITY, CONFLICTS AND PROVIDING AN I i EFFECTIVE DATE. 12 13 WHEREAS, a final budget has been prepared estimating expenditures and revenues 14 of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, 15 including revenues to be derived from sources other than ad valorem levy, and the 16 administrative staff of the City has made recommendations as to the amount necessary to be 17 appropriated for the ensuing year; and 18 WHEREAS, the City Commission has given notice of and conducted the public 19 hearings required by law and has considered the recommendations of staff and the 20 comments of the public, the suggested budget, and the proposed millage necessary to be 21 levied to carry on the government of the City for the ensuing year; 22 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 23 outlined in Florida Statutes Section 200.065. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida herby 30 adopts the final millage rate of 7.9000 for the General Fund. The final millage rate is 31 4.75% above the computed rolled-back rate of 7.5418. Page 10 of 972 32 Section 3. If any clause, section, or other part of this Resolution shall be held by 33 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 34 invalid part shall be considered as eliminated and shall in no way affect the validity of the 35 other provisions of this Resolution. 36 Section 4. All resolutions or parts of resolutions in conflict herewith are hereby 37 repealed to the extent of such conflict. 38 Section 5. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this day of , 2019. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor—Justin Katz 46 47 Commissioner—Mack McCray 48 49 Commissioner—Christina L. Romelus 50 51 Commissioner—Ty Penserga 52 53 VOTE 54 ATTEST: 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 (Corporate Seal) Page 11 of 972 I RESOLUTION R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A FINAL BUDGET FOR THE 5 FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND 6 ENDING SEPTEMBER 30, 2020; PROVIDING FOR 7 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 8 DATE. 9 10 WHEREAS, a final budget has been prepared by the City Manager estimating 11 expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, 12 with detailed information, including revenues to be derived from sources other than the ad 13 valorem tax levy, and she has made recommendations as to the amount necessary to be 14 appropriated for the ensuing year; and 15 WHEREAS, the City Commission of the City of Boynton Beach has conducted a 16 public hearing in accordance with s. 200.065 Florida Statutes on the City's tentative budget 17 and the proposed millage rate. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. That the tentative budget of the City of Boynton Beach, Florida, for 24 the fiscal year beginning October 1, 2019 and ending September 30, 2020, a copy of which 25 is attached hereto, is hereby adopted and the appropriations set out therein are hereby made 26 to maintain and carry on the government of the City of Boynton Beach, Florida. 27 Section 3. There is hereby appropriated the sum of.$ 96,358,776 to the General 28 Fund for the payment of operating expenditures, transfers to other funds, and necessary 29 capital outlays for the City Government pursuant to the terms of the above budget. 30 Section 4. That there is hereby appropriated the sum of $ 1,356,009 to the 31 Traffic Safety Special Revenue Fund for the payment of operating expenditures, transfers 32 to other funds, and necessary capital outlays. 33 1 Page 12 of 972 34 Section 5. That there is hereby appropriated the sum of $ 1,301,150 to the 35 Local Option Gas Tax Special Revenue Fund for the payment of operating expenditures, 36 transfers to other funds, and necessary capital outlays. 37 Section 6. That there is hereby appropriated the sum of $ 245,580 to the 38 Community Improvements Special Revenue Fund for the payment of operating 39 expenditures, transfers to other funds, and necessary capital outlays. 40 Section 7. That there is hereby appropriated the sum of $ 1,091,420 to the 41 Public Arts Special Revenue Fund for the payment of operating expenditures, transfers to 42 other funds, and necessary capital outlays. 43 Section 8. That there is hereby appropriated the sum of $ 496,051 to the 44 Recreation Program Special Revenue Fund for the payment of operating expenditures, 45 transfers to other funds, and necessary capital outlays. 46 Section 9. That there is hereby appropriated the sum of $ 10,200,000 to the 47 Public Service Tax Debt Service Fund for the purpose of payment operating expenditures, 48 transfers to other funds, and the principal and interest due on the public service tax bonds of 49 the City not subject to statutory exemptions and for redeeming such bonds as they mature. 50 Section 10. That there is hereby appropriated the sum of $ 1,245,102 to the 51 General Capital Improvement Capital Projects Fund for the payment of transfers to 52 other funds and capital outlays pursuant to the terms of the above budget. 53 Section 11. That there is hereby appropriated the sum of$ 7,060,424 to the 54 Local Government Surtax Capital Projects Fund for the payment of transfers to other 55 funds and capital outlays pursuant to the terms of the above budget. 56 Section 12. That there is hereby appropriated the sum of $ 101,067 to the 57 Parks & Recreation Facilities Trust Fund for the payment of transfers to other funds and 58 capital outlays pursuant to the terms of the above budget. 59 Section 13. That there is hereby appropriated the sum of $ 50,939,770 to the 60 Water and Sewer Utility Enterprise Fund for operating expenditures, debt service, 61 transfers to other funds, and necessary capital outlay. 62 63 2 Page 13 of 972 64 Section 14. That there is hereby appropriated the sum of$ 26,231,500 to 65 the Water and Sewer Utility Capital Improvement Enterprise Fund for the payment of 66 capital outlays pursuant to the terms of the above budget. 67 Section 15. That there is hereby appropriated the sum of$ 2,199,465 to the Golf 68 Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary 69 capital outlays. 70 Section 16. That there is hereby appropriated the sum of $ 11,389,923 to the 71 Solid Waste Enterprise Fund for the payment of operating expenditures, transfers to other 72 funds and necessary capital outlays. 73 Section 17. That there is hereby appropriated the sum of $ 8,962,586 to the 74 Fleet Maintenance Internal Service Fund for the payment of operating expenditures, 75 transfers to other funds, and necessary capital outlays. 76 Section 18. That there is hereby appropriated the sum of $ 442,049 to the 77 Materials & Distribution Internal Service Fund for the payment of operating 78 expenditures, transfers to other funds, and necessary capital outlays. 79 Section 19. That there is hereby appropriated the sum of$ 6,119,866 to the Self- 80 Insurance Internal Service Fund for the payment of operating expenditures, transfers to 81 other funds, and necessary capital outlays. 82 Section 20. That there is hereby appropriated the sum of $ 277,392 the 83 Cemetery Special Revenue Fund for the payment of operating expenditures, transfers to 84 other funds, and necessary capital outlays. 85 Section 21. All delinquent taxes collected during the ensuing fiscal year as 86 proceeds from levies of operation millages of prior years are hereby specifically 87 appropriated for the use of the General Fund. 88 Section 22. If any clause, section or other part of this Resolution shall be held by 89 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 90 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 91 remaining portions of this Resolution. 92 Section 23. All Resolutions or parts of Resolutions in conflict herewith are hereby 93 repealed to the extent of such conflict. 3 Page 14 of 972 94 Section 24. This Resolution shall become effective immediately upon passage. 95 96 PASSED AND ADOPTED this day of , 2019. 97 98 99 CITY OF BOYNTON BEACH, FLORIDA 100 101 YES NO 102 103 Mayor— Steven B. Grant 104 105 Vice Mayor—Justin Katz 106 107 Commissioner—Mack McCray 108 109 Commissioner—Christina L. Romelus 110 111 Commissioner—Ty Penserga 112 113 114 VOTE 115 116 ATTEST: 117 118 119 120 Crystal Gibson, MMC 121 City Clerk 122 123 124 125 (Corporate Seal) 126 127 4 Page 15 of 972 2.B. OTHER 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-095- Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2019-2020. EXPLANATION OF REQUEST: The Community Redevelopment Agency is a Special District created by the City Commission. Florida Statute requires that the budget of special districts be contained with in the general budget of the local governing authority and clearly stated as a budget of the dependent district. The Community Redevelopment Agency approved their FY 2019-2020 budget at its September 10, 2019 meeting. The attached resolution completes the annual process of accepting and approving the CRA budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution ratifying the CRA budget D Attachment CRA FY 19-20 Reso and budget Page 16 of 972 1 2 RESOLUTION R19- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA RATIFYING THE 2019-2020 ANNUAL BUDGET 6 FOR THE BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Boynton Beach Community Redevelopment Agency was created 11 by Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The 12 Redevelopment Agency has been designated a Florida Special District; and 13 WHEREAS,Florida Statutes 189.016 provides that the proposed budget of a dependent 14 special district, with the concurrence of the local governing authority, may be budgeted 15 separately; and 16 WHEREAS, a local governing authority may,in its discretion,review the budget or tax 17 levy of any special district located solely within its boundaries; and 18 WHEREAS, a final budget of the Boynton Beach Community Redevelopment 19 Agency has been reviewed and considered by the City Commission for the ensuing year,with 20 detailed information, and the administrative staff of the City has made recommendations as 21 to the amount necessary to be appropriated for the ensuing year. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida hereby C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\3CD6A9F6-A698-4585-A20A-4CD403D0761F\Boynton Beach.18148.1.Ratify_CRA Budget (2019-20)_-_Reso.Docx Page 17 of 972 I ratifies the adoption of the Boynton Beach Community Redevelopment Agency's 2019-2020 2 Annual Budget. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this day of , 2019. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor— Steven B. Grant 11 12 Vice Mayor—Justin Katz 13 14 Commissioner—Mack McCray 15 16 Commissioner—Christina L. Romelus 17 18 Commissioner—Ty Penserga 19 20 21 VOTE 22 23 ATTEST: 24 25 26 27 Crystal Gibson, MMC 28 City Clerk 29 30 31 32 (Corporate Seal) 33 34 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\3CD6A9F6-A698-4585-A20A-4CD403D0761F\Boynton Beach.18148.1.Ratify_CRA Budget (2019-20)_-_Reso.Docx Page 18 of 972 RESOLUTION NO: R19-03 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2019 TO SEPTEMBER 30, 2020, AND PROVIDING AN EFFECTIVE DATE. WITNESSETH: WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA), in order to implement its Community Redevelopment Plan and provide for its operating expenses, has prepared a Budget for the Fiscal Year beginning October 1, 2019 and ending September 30, 2020, attached hereto as Exhibit "I"; and WHEREAS, the Board has determined that said Budget is in the public's interest and is necessary to implement the BBCRA's goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Budget attached hereto as Exhibit "I" for financial operations of the Boynton Beach Community Redevelopment Agency for the period from October 1, 2019 through September 30, 2020 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of September, 2019. BOYNTON BEACH COMMUNITY REDEVEL NT Y By. S't'even B. Grant, Chair S. Grant J. Katz M. McCray T. Penserga C. Romelus 00551570-1 Page 19 of 972 Boynton Beach CRA General Fund - Budget Summary- FY 2019-2020 T FY 2_018-2019 2019-2020 vs.Prior Year 2019-2020 Original Amended Increase/Decrease REVENUES Budget Budget Budget Amount % Tax Increment Revenue(TIF) $ 13,816,071 (a) $12,421,686 $ 12,421,686 $ 1,394,385 10% Marina Rents&Fuel Sales $ 1,100,000 $ 1,000,000 $ 1,000,000 $ 100,000 9% Fund Balance Surplus $ 50,000 $ 50,000 Total Revenues $ 14,966,071 $13,421,686 $ 13,421,686 $ 1,544,385 10% EXPENSES CRA Board&Advisory Board $ 29,500 $ 30,000 $ 30,000 $ (500) -2% Administration Executive Department $ 457,966 $ 514,533 $ 522,480 $ (64,514) -14% Finance Department $ 200,037 $ 189,408 $ 194,309 $ 5,728 3% Planning&Development Department $ 154,448 $ 119,760 $ 122,060 $ 32,388 21% Marketing&Business Development $ 254,374 $ 147,208 $ 149,089 $ 105,285 41% Business Promotion and Events Department $ 80,488 $ 68,065 $ 69,756 $ 10,732 13% Taxes, Employee Benefits, Compensated Absences,Workers Comp $ 398,254 $ 414,399 $ 414,399 $ (16,145) 4% Sub-Total $ 1,545,567 $ 1,453,373 $ 1,472,093 $ 73,474 5% Other General Fund Excenses Insurances $ 172,500 $ 172,500 $ 172,500 $ - 0% Professional Services $ 218,500 $ 264,000 $ 264,000 $ (45,500) -21% Buildings, Grounds, Maintenance $ 912,039 $ 723,545 $ 723,545 $ 188,494 21% Marina Operations $ 1,100,000 $ 1,000,000 $ 1,000,000 $ 100,000 9% Information Technology $ 79,500 $ 80,550 $ 80,550 $ (1,050) -1% Contingency $ 100,000 $ 100,000 $ 100,000 $ - 0% Sub-Total $ 2,582,539 $ 2,340,595 $ 2,340,595 $ 241,944 9% Total General Fund Operating $ 4,157,606 (b) $ 3,823,968 $ 3,842,688 $ 314,918 8% Operating Transfers Out Transfer to Debt Service Fund $ 2,140,852 $ 2,136,465 $ 2,136,465 $ 4,387 0% Transfer to Project Fund $ 8,667,613 $ 7,462,303 $ 8,102,303 $ 565,310 7% Sub-Total $ 10,808,465 $ 9,598,768 $ 10,238,768 $ 569,697 5% Total General Fund Expenses& Transfers Out 14,966,071 $13,422,736 14,081,456 (242,154) -2% (a)Property values in CRA up 10% (b)Increase due to Property Maintenance at Marina and Woman's Club,and relocation fees for Townsquare move and staff addition. 1 Page 20 of 972 Boynton Beach CRA Project Fund - Bud et Summa V 2019-2020 FY 2018-2019 2018-2019 vs.Prior Year Original Amended Increase/Decrease FUNDING SOURCES Budget Budget -.-Budget,_ Amount % 1.Rollover FY 2018-2019(see Budget Overview) $ 4,507,092 $ - $ - $ 4,507,092 N/A 2.Transfers in from General Fund $ - Other Financing Sources/Transfers In $ 8,667,613 $ 7,462,303 $ 8,102,303 $ 565,310 7% 3.Other Revenue/Financing Sources: $ 1.Cash Analysis-CRA Board Approved 4/9/2019 $ 640,000 Total Funding Sources/Revenues&Transfers In $13,174,705 $ 7,462,303 $ 8,742,303 $ 5,072,402 58% 2019-2020 FY 2018-2019 2018-2019 vs.Prior Year Original Amended Increase/(Decrease) EXPENSES Budget_, Bud st Budget Amount Professional&Other Expenses enses Contingency $ 100,000 $ 100,000 $ 100,000 $ - 0% Professional Services $ 100,000 $ 204,979 $ 204,979 $ (104,979) -51% Legal Services $ 125,000 $ 125,000 $ 125,000 $ - 0% Sub-Total $ 325,000 $ 429,979 $ 429,979 $ (104,979) -24% Capital Outlay Property Purchases $ 472,830 $ 475,000 $ 475,000 $ (2,170) 0% BWCC Grant Match $ 200,000 $ 190,000 $ 190,000 $ 10,000 5% Site Work&Demolition Fees $ 183,888 $ 66,315 $ 66,315 $ 117,573 177% Infrastructure&Streetscape $ 7,152,925 $ 5,577,732 $ 5,577,732 $ 1,575,193 28% Future Development Projects $ 878,812 $ 883,712 $ 883,712 $ (4,900) N/A Sub-Total $ 8,888,455 $ 7,192,759 $ 7,192,759 $ 1,695,696 24% Economic Development&Housing Rehab Pro rare Economic Development Grant Programs $ 543,000 $ 554,356 $ 554,356 $ (11,356) -2% Marketing Program $ 68,350 $ 80,000 $ 80,000 $ (11,650) -15% DIFA-Economic Development $ 1,632,000 $ 1,207,000 $ 1,207,000 $ 425,000 35% Sub-Total $ 2,243,350 $ 1,841,356 $ 1,841,356 $ 401,994 22% Projects&Programs Clean&Safe Program(Clean,Police,Code) $ 532,900 $ 370,000 $ 370,000 $ 162,900 44% Community Support Projects $ 550,000 $ 125,000 $ 125,000 $ 425,000 340% Business Promotional Events $ 635,000 $ 549,000 $ 549,000 $ 86,000 16% Sub-Total $ 1,717,900 $ 1,044,000 $ 1,044,000 $ 673,900 65% Total Project Fund Expenses $13,174,705 $ 10,508,094 $ 10,508,094 $ 2,666,611 25% Page 21 of 972 Boynton Beach CRA Debt Service Fund - Budget Summary V 2019-2020 FY 2018-2019 Original Amended Dept.# Funding Source Bud et Budget Budget 49900 Transfers In from General Fund $ 2,140,852 $ 2,136,465 $ 2,136,465 Expenses Series 2012 (formerly Series 2004&Series 2005A}-PNC Bank 59800-814 Principal $ 1,367,000 $ 1,331,000 $ 1,331,000 59800-824 Interest $ 261,197 $ 295,270 $ 295,270 Sub-Total $ 1,628,197 $ 1,626,270 $ 1,626,270 Series 2015(formerly Series 2005B)- BB&T 59800-815 Principal $ 395,000 $ 380,000 $ 380,000 59800-826 Interest $ 116,655 $ 129,195 $ 129,195 Sub-Total $ 51`1,655 $ 509,195 $ 509,195 59800-830 Financial Agent Fees $ 1,000 $ 1,000 $ 1,000 Total Debt Service Expenses $ 2,140,852 $ 2,136,465 $ 2,136,465 Page 22 of 972 BOYNTON BEACH CRA Sources& Uses of Funds Funding Available for Pr*cts- FY 2019-2020 Sources of Funds General Fund Revenues Tax Increment Revenue("TIR") $ 13,816,071 Marina $ 1,100,000 Fund Balance Surplus $ 50,000.00 Sub-Total Sources of Funds $ 14,966,071 Uses of Funds& Contractual Obligations (All Funds) General Fund-Operating Expenses $ 3,057,606 Marina $ 1,100,000 Debt Service $ 2,140,852 Sub-Total $ 6,298,458 Balance for Project Fund $ 8,667,613 Award Less: Pro'ect Fund DIFA Pa ment Contractual Obli ations: Factor • Casa Costa $ 513,000 47.5% (Year 10 of 10) •Wal-Mart $ 23,000 25.0% (Year 8 of 10) • Seabourn Cove-Phase 1 $ 417,000 50.0% (Year 7 of 10) • Seabourn Cove-Phase 2 $ 167,000 50.0% (Year 6 of 10) •The Preserve-Cornerstone $ 117,000 75.0% (Year 5 of 10) • 500 Ocean-Payable once project completed and on tax rolls. Anticipated in 2019&budgeted for payment in FY 19-20 $ 395,000 75.0% (Year 1 of 10) Sub-Total $ 1,632,000 Estimated Available Funding for Project Fund $ 7,035,613 Ex snses Page 23 of 972 BOYNTON BEACH CRA TAX INCREMENT REVENUE "TIR") ESTIMATE - FY 2019-2020 As of: June 27, 2019 1. ASSESSED VALUATIONS P FY 2018-2019 'i FY 2019-2020 ASSESSED VALUES $ 1,351,302,263 $ 1,468,212,722` (a) Estimate As of: 6127/19 Chg.from Prior Year $ 116,910,459 8.7% 2. TAX INCREMENT REVENUE-ESTIMATED FOR NEW BUDGET YEAR V FY 2018-2019 FY 2019-2020 Estimates Assessed Values $ 1,351,302,263 $ 1,468,212,722 Less Base Year Value $ 309,821,849 309,821,849 TIR Taxable Value $ 1,041,480,414 1,158,390,873 95%of Difference $ 989,406,393 $ 1,100,471,329 (Per Florida Statutes Chapter 163.387(1)(a) Assumptions Redevelopment Trust Fund) No Millage Change City&County Millage Rates City _ 7.9000 7.9000 County 4.7815 4.7815 %Of Tax Increment Revenue Total TIR Cit $ 7,816,311 $ 8,693,724 62% Count $ 4,730,847 $ 51261,904 38% Sub-Total $ 12,547,157 $ 13,955,627 1.0%for True-Up $ 125,472 $ 139,556 1.0%for True-Up Net TIR $ 12,421,686 $ 13,816,071 Budgeted Change from Prev.Year Amount $ 1,394,385 % 11.2% (a) The Property Appraiser will issue revisions to the CRA's taxable values at the end of June 2019, and in early October 2019, with a final certified tax value in mid-2020. The CRA's budgeted tax increment revenue will be based on the first, or May 24, 2019, "Estimates of Taxable Values"with a 1%deduction for the final Property Appraiser certified tax adjustments ("true-up") in mid-2020 Page 24 of 972 Boynton Beach Community Redevelopment Agency FY 2019-2020 Budget - Personnel Personnel Position FY 2018-2019 FY 2019-2020 No. No. 1 Executive Director 1 1 2 Assistant Director 1 1 3 Finance Director 1 1 4 Accounting and Finance Manager 1 1 5 Development Services Manager 1 1 6 (a) Development Service Specialist 0 1 7 Marketing & Business Development Specialist 1 1 8 Business Promotion and Events Manager 1 1 9 Marketing/Events/Business Development Assistant 1 1 to Social Media Communications Specialist 1 1 11 Administrative Services Manager 1 1 12 Administrative Assistant 0 0 Total Personnel 10 11 (a) Funded the Development Sevice Specialist position in FY 19-20 Page 25 of 972 Aral CategoryQuantity Cost Rer unit Subtotal Nods Officer Salary&Incentive(Paramore) 1 $ 62,781 $ 62,.781. Salary,Education Incentive Officer Benefits-Pension 1 $ 30,078 $ 30,078 Pension Officef Benefits 1 $ 13,330 $ 13,330 Healthcare,Dental,Vision,FICA Officer Salary&Incentive(J Rivera) 1 $ 54,304 $ 54,304 Salary,Education Incentive Officer Benefits-Pension 1 $ 26,017 $ 26,017 Pension Officer Benefits 1 $ 12,680 $ 12,680 Healthcare,Dental,Vision,FICA Officer Salary&Incentive(NEW) 1 $ 58,543 $ 58,543 Salary,Education Incentive(AVG) Officer Benefits-Pension(NEW) 1 $ 28,050 $ 28,050 Pension(AVG) Officer Benefits(NEW) 1 $ 13,005 $ 13,005 Healthcare,Dental,Vision,FICA(AVG) (Civilian)Salary&Incentive Community 1 $ 34,000 $ 34,000 Salary,Education Incentive(AVG) Service Officer(NEW) (Civilian)Benefits-Pension(NEW) 1 $ 11,501 $ 11,501 Pension(AVG) (Civilian)Benefits(NEW) 1 $ 13,500 $ 13,500 Healthcare,Dental,Vision,FICA(AVG) per Tim Howard add 20%increase to salary and benefit(in negotiations with $ 84,058 union)-will be adjusted 441,847 Personnel Costs Total Bike(New Officer) 1 $ 1,300 $ 1,300 Bike for New Officer Bike Rack/Hitch 4 $ 350 $ 1,400 For Each Officer(not one for Capt) Bike Maintenance 1 $ 500 $ 500 Tires,Tubes,Seat,Lights Uniform 4 $ 850 $ 3,400 uniforms,belts Misc.Equipment-As needed 1 $ 2,000 $ 2,000 As needed&approved Communit Events/Promotions 1 $ 2,000 $ 2,000 Youth Programs Vehicle Prefundin 4 $ 6,413 $ 25,653.40 FY19/20 Interceptors Vehicle Maintenance 4 is 3,400 $ 13,600.00 Fuel,maintenance $ 49,853 Equipment Costs Total Cell Phones Service Plan 5 $ 675 $ 2,700 $56.25/mo for staff Office Supplies/Misc Supplies 1 $ 1,000 '$ 1,000 Paper,Pens etc.(includes printer/ copier) Office Electric,Cable/Internet, 12 $ 500 $ 6,000 Monthly operating costs water/sewage Office Space Monthly Maintenance 12 $ 650 $ 7,800 Monthly Maint.Ocean Palm Plaza Office Cleaning 1 $ 1,500 $ 1,500 Previously used City Clearning Crew (Barbara) Office Buildout Supples 1 $ 4,000 $ 4,000 security cameras,alarm,tv's Office Furniture 4 $ 1,800 $ 7,200 desks/locker/cabinets Computer equipment 4 $ 2,500 $ 5,000 laptop/docking station Training 4 $ 1,500 $ 6,000 CPTED,CSO academy $ 41, t1 Office Expenses Total ILA Amount for FY 19-20 $ 532,900 NOTE:All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2019-2020 Revised by CRA to include promotional/marketing materials and additional equipment. Page 26 of 972 - �>#allll��� t �� Arrr 4� 1 N jams i �s lt�j l i s sV rj 14�1�s s _ }!! } NTom > ; �r o ��s ss rl��it554 KM� tt i'\ lr`s s\f51�7�f} N (6 \rNji{ml!/rz�+1���115 - - i'���r(/kl�r�lal��( vu IN N G , �n ru k , j tt ! � F U ` j _ +' ijsl t\ssllt��{ c- fo AS ARM r it}��lltt``/ft 7 )r,r vtihkll\l�i}N ��t �1 , fl l� y - y } 1_ Cat l�{3 2.C. OTHER 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 28 of 972 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Announcement of recent state and national marketing and event awards. The state awards will be announced by Suzanne Neve, Chief Executive Officer of the Florida Festivals and Events Association. The national awards will be announced by Eleanor Krusell, Public Communications& Marketing Director. EXPLANATION OF REQUEST: The City received 7 SUNsational Awards from the Florida Festivals & Events Association (FFEA) for its Civic Center Demo Event (3), 4th of July Independence Day 2018 (2) and Brightline Quiet Zones PR/Media Campaign (1). The City of Boynton Beach also received the "Most Innovative" Award for its "Town Square - Six Events in Six Days" events. Voted on by its peers, this annual award is given to one member in the State of Florida for its creative approach and execution of an event. The City received 3 national awards from the City-County Communications and Marketing Association (3CMA), a national organization of over 1,000 members. Of the 704 entries submitted and judged, the City received awards for its Calendar, Hoover is Happy Social Media Campaign (Most Creative Activity with Least Dollar Spent) and its Civic Center Demo (Special Events - One Time Event). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City receives national, state, and local press coverage and recognition through these associations. The awards will be posted on the City's website. FISCAL IMPACT: Budgeted ALTERNATIVES: Do not announce the City's recent state and national marketing and event awards. STRATEGIC PLAN: Redevelop Downtown, Building Wealth in the Community, Boynton Beach Branding STRATEGIC PLAN APPLICATION: These state and national awards confirm that the City of Boynton Beach is an innovate and unique municipality and one that seeks creative collaboration and community partnerships when planning, promoting and producing its marketing initiatives and events. Page 29 of 972 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 30 of 972 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Announcement by Laura Lansburgh, Marketing Manager, about the City's Baby Safety Expo. EXPLANATION OF REQUEST: The City is hosting a Baby Safety Expo on Monday, September 23 from 10:00 a.m. - 12:00 p.m. at the Schoolhouse Children's Museum, 129 East Ocean Avenue. This free, family friendly Expo includes water safety tips, basic first-aid information, car seat installations and safety checks, infant safe sleep guidelines, and kidprint I D cards. Participants include Healthy Mothers, Healthy Babies of Palm County, Florida Department of Highway Safety & Motor Vehicles, Inspire Chiropractic, and the Boynton Beach Police Department, Boynton Beach Fire Rescue, Recreation & Parks Department and the Boynton Beach City Library, all of whom will be providing important safety tips. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? City Departments will be participating in the Expo. The Expo was strategically planned at the Schoolhouse Children's Museum to remind the community that it is open for business during Town Square Construction. The Expo will bring a "hard to count" population to the forefront, where the City, along with a representative from the US Census Bureau, will inform parents about the importance of counting their children in the upcoming 2020 Census, which will result in a greater Census response. FISCAL IMPACT: Budgeted The Public Communications and Marketing Department will assume the minimal expenses for the Baby Expo. 2020 Census expenses are included in the FY19-20 budget. ALTERNATIVES: Do not make an announcement about the Baby Safety Expo. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding STRATEGIC PLAN APPLICATION: The Baby Safety Expo will help brand the City as one that cares about its residents by offering important safety advice, while highlighting one of the City's prized amenities, the Schoolhouse Children's Museum in Downtown Boynton. Page 31 of 972 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum 19- Baby Expo & Count Your Kids Postcard Page 32 of 972 t� { MA joea r s res Ln 75 to c� r' to AWN LnC esa �. Cl izx ® ,0V ® r CJ9 rZQ QS ' j o w s� U ca ® m 6 u 0 g � t _ o Q E C Q taep Q U a� O �e C s 0 LO c � � "� °•.r ca � � C L u t O L 1. CL BMW U L QC • (, f6 C N r cc 7 ' Q G E V BMW 1 O t } �11 b40 eA W mm SAN }iJr s Ok .y o N 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. EXPLANATION OF REQUEST: 2020 Census Day is April 1, 2020. A City Team has been working diligently to create awareness of the upcoming Census. Laura Lansburgh, Marketing Manager, will update and inform the Commission and the community about the City's Census outreach efforts over the past quarter. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Every decade, the U.S. Census Bureau counts America's population and uses the data to distribute $675 billion of federal funding to states and communities each year. It is estimated that for every individual counted in the 2020 Census, the City will receive $1,600 per person per year over a ten year period. FISCAL IMPACT: Budgeted The Public Communications and Marketing Department will assume the minimal expenses for the Baby Expo. 2020 Census expenses are included in the FY19-20 budget. ALTERNATIVES: Do not make an announcement with an update about the outreach efforts for the 2020 Census. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: It is estimated that for every individual counted in the 2020 Census, the City will receive $1,600 per person per year over a ten year period. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 35 of 972 ATTACHMENTS: Type Description Addendum 1 ® Census Poster Addendum 19® Census Postcard (General) Addendum 19® Census Postcard (Kids) Page 36 of 972 it0 tp1, 4 t u 1 t'. { n t ft n;v United States' -CITY OFA--- ,-•� Census BOYNT()IN B E A C M 2020 • A • • . i • Page 37 of 972 is • � ����,L� �X41 tt3, 4111 RGI • `'�'��� � 1,t���,,� • E� 1 1 1 • y 3 t • �'�P � ��i `v ��� k ,f t t c t y6 A�¢ 7 , �4�a • �S O e; 1 � S X - L O 'o, E •� � T J +a o L ; 3 p U O O N N O C O a O Q W in v N O > Ln P O N U �11kr�}�t F1i(4f�l�ek w iu Q L- M t a� C sum a C U L Q M au L T E v Q 2 E u ®® BMW eA � pu il�ti4t�5 ,}sr �# LLJu Alt BMW rU iIll {F ON ♦♦� � �W 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Mayor Steven B. Grant to proclaim September as Deaf Awareness Month in the City of Boynton Beach. Beth Wagmeister, Deaf Advocate, to accept the proclamation. EXPLANATION OF REQUEST: September is nationally recognized at Deaf Awareness Month. . Ninety-three percent of deaf children are born into Hearing families, only seven percent are born into deaf families. . American Sign Language is the third most widely used language in the United States. . Deaf people do not feel that they are disabled in any way, where in fact we must recognize that deaf people can do anything except hear. • 466 million people worldwide have a disabling hearing loss and 48 million Americans have significant hearing loss. We believe Boynton Beach's Deaf, Deafblind, Hard of Hearing &Late Deafened individuals should have the same access to many benefits and opportunities available to live, work, play and communicate in Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Accommodations are made for the inclusion of individuals with disabilities in all City programs, services and activities. FISCAL IMPACT: N/A ALTERNATIVES: Not read the proclamation STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 40 of 972 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Deaf Awareness Month Proclamation Page 41 of 972 Proclamation Whereas,ninety-three percent of deaf children are born into Hearing families,only seven percent are born into deaf families. Whereas,American Sign Language is the third most widely used language in the United States. Whereas,Deaf people do not feel that they are disabled in any way,where in fact we must recognize that deaf people can do anything except hear. Whereas, 466 million people worldwide have a disabling hearing loss and 48 million Americans have significant hearing loss of these almost 6 million are profoundly deaf. Whereas,to learn more about the types of educational programs and support services that are available to deaf and hard of hearing children. Whereas, we believe Boynton Beach's Deaf, Deafblind, Hard of Hearing & Late Deafened individuals should have the same access to many benefits and opportunities available to live, work, play and communicate in Boynton Beach, NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of September,as: Deaf Awareness Month and encourage all residents of the community to support this worthy endeavor. IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the ITh day of September,Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Crystal Gibson City Clerk 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Per the request of the City Commission, Craig Clark, Library Director, will provide an update to the City Commission on our library services and programs. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 43 of 972 5.A. ADMINISTRATIVE 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. EXPLANATION OF REQUEST: A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Appointments 09-17-19 Page 44 of 972 APPOINTMENTS AND APPLICANTS FOR SEPTEMBER 17, 2019 Building Board of Adjustments and Appeals IV Penserga Reg 2 yr term to 12/20 (Tabled 2) Mayor Grant Alt 2 yr term to 12/20 I Katz Alt 2 yr trm to 12/19 Applicants None Education and Youth Advisory Board I Katz STU NV 2 yr term to 12/19 (Tabled 3) III Romeus STU 2 yr term to 12/20 Applicants None Historic Resources Preservation Board Mayor Grant Alt 2 yr term to 12/20 (Tabled 3) Applicants None Library Board II McCray Alt 2 yr term to 12/20 (Tabled 3) III Romelus Reg 2 yr term to 12/19 (Tabled 2) Applicants None Senior Advisory Board III Romelus Alt 2 yr term to 12/20 IV Penserga Reg 2 yr term to 12/20 Mayor Grant Reg 2 yr term to 12/19 Applicants None Page 45 of 972 6.A. CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-096-Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2019-2020. EXPLANATION OF REQUEST: The State requires that each year, the City Commission authorize the Grant Application and Agreement for State Aid to Public Libraries. Final grant award is based on FY2017-2018 City of Boynton Beach funds expended for Library Services ($2,531,987). Final grant award, which is estimated to be $61,576, will be announced in February 2020 and is based on State Legislature approval of State Aid Fund allocation to Libraries in the State of Florida HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval will qualify the Library to receive a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. These grant funds will help purchase future library technology equipment. FISCAL IMPACT: Non-budgeted State Aid Grants are operational grants that bring additional library resources to the community. Grants formulas are based on local funds invested in library service. The more local money spent of Library Services, the higher the grant amounts. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Page 46 of 972 GrantArnount: $61,576 ATTACHMENTS: Type Description D Resolution Resolution approving State Aid to Libraries Grant Application and Agreement D Attachment IFY1 /2 State Aid Agreement Page 47 of 972 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR TO SIGN THE GRANT APPLICATION AND 6 STATE AID TO LIBRARIES GRANT AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND 8 FLORIDA DEPARTMENT OF STATE FOR THE FISCAL 9 YEAR 2019-2020; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS,the State of Florida requires that the City of Boynton Beach authorize the 14 Grant Application and Agreement for Library State Aid each year; and 15 WHEREAS,final grant award is based on FY 2017-2018 City of Boynton Beach funds 16 expended for Library Services and will be announced in February, 2020 and is based on State 17 Legislature approval of State Aid Fund allocation to libraries in the State of Florida; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that 19 it is in the best interests of the residents of the City to authorize the Mayor to sign the State 20 Aid to Libraries Grant Application and Agreement with the Florida Department of State, 21 Division of Library and Information Services for the Fiscal Year 2019-2020. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 28 approve and authorize the Mayor to sign the State Aid to Libraries Grant Application and 29 Agreement with Florida Department of State, Division of Library and Information Services for C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\CEA2D9AC-08EA-4FF7-AA4E-1E966AD8BFD6\Boynton Beach.18125.1.Library_State_Aid_Grant 2019-20- Reso.docx Page 48 of 972 30 the Fiscal Year 2019-2020, a copy of which is attached hereto as Exhibit"A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2019. 33 34 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Justin Katz 42 43 Commissioner—Mack McCray 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner—Ty Penserga 48 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\CEA2D9AC-08EA-4FF7-AA4E-1E966AD8BFD6\Boynton Beach.18125.1.Library_State_Aid_Grant 2019-20- Reso.docx Page 49 of 972 20-ST-55 Boynton Beach City Library STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND City of Boynton Beach for and on behalf of Boynton Beach City Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the"Division," and the City of Boynton Beachfor and on behalf of Boynton Beach City Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant(CSFA 45.030)by the Division in the amount specified on the"Fiscal Year 2019-20 State Aid to Libraries Final Grants"document(which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference,the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the"State Aid to Libraries Grant,"the public purpose for which these funds were appropriated a) The Grantee shall perform the following Scope of Work: In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant amount that is calculated and based upon local funds expended during the second preceding fiscal year for the operation and maintenance of the library. For this grant, the local expenditures shall have been made during the period October 1, 2017- September 30, 2018. In order to be eligible to receive the grant funding, the Grantee shall manage or coordinate free library service to the residents of its legal service area for the period October 1, 2017 through June 30, 2020. The Grantee shall: o Have a single administrative head employed full time by the library's governing body; o Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; o Provide access to materials, information and services for all residents of the area served; and o Have at least one library, branch library or member library open 40 hours or more each week (excluding holidays;between Sunday through Saturday, on a schedule determined by the library system)during the length of the agreement. b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to Page:1 State.t 01 to Librarici; E,"api.lt IE-2,01 F)t'Kh 06-2019 Page 50 of 972 be awarded. Payment 1,Deliverable/Task 1 Payment will be an advance in the amount of 100%ofthe grant award for the period October 1,2017 through June 30,2020. The Grantee will: o Have expended funds to provide free library service during the period October 1, 2017 - September 30, 2018; o Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1, 2017- September 30, 2018 only; o Provide documentation showing that at least one library, branch library or member library is open 40 hours or more each week(excluding holidays;between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement; o Provide the Certification of Credentials for the Single Administrative Head; and o Provide a Certification of Hours, Free Library Service and Access to Materials. c) Grant funds shall be used for the operation and maintenance of the library. The allowable budget categories are:Personnel Services (salaries,wages, and related employee benefits provided for all persons employed by the reporting entity whether on full-time, part-time, temporary, or seasonal basis); Operating Expenses (expenditures for goods and services which primarily benefit the current period and are not defined as personal services or capital outlays);Non-Fixed Capital Outlay(outlays for the acquisition of or addition to fixed assets); and Other(other operating expenditure categories in the library budget). 2. Length of Agreement.This Agreement covers the period of October 1, 2017 to June 30, 2020,unless terminated in accordance with the provisions of Section 28 of this Agreement. This period begins with the start of the Grantee's second preceding fiscal year(October 1, 2017) and concludes with the end of the State of Florida's current fiscal year(June 30, 2020). 3. Expenditure of Grant Funds. Grant funds will be used to reimburse a portion of local funds expended by the Grantee during their second preceding fiscal year(October 1, 2017— September 30, 2018)for the operation and maintenance of a library and shall not exceed the amount specified in Attachment B. No costs incurred after the second preceding fiscal year shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State Page:2 `it,t x Aid to I..i€)rari€,<C.r wm Agr:x�.mj t C'iaai>; r 19 2.(A i{D(a).T`10ri l.t At9€s'mstrativ,:Cotk,[`_`K:di.v.06-2019 Page 51 of 972 R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 Phone: 850.245.6620 Ernail:marian.deeney@dos.lnyflorida.com For the Grantee: Tiffany Pagan Boynton Beach City Library 115 North Federal Highway Boynton Beach Florida 33435 Phone: 561,742.6380 Email: PaganT@bbfl.us 5. Grant Payments. The total grant award shall not exceed the amount specified on the"Fiscal Year 2019-20 State Aid to Libraries Final Grants"document(Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the to and conditions of this Agreement. Payment will be an advance in the amount of 100/® of the grant award as specified in Attachment I p B. Payment will be made in accordance with the completion of the Deliverables. ® Electronic Payments. The Grantee can choose to use electronic funds transfer(EFT)to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form(fonnumber DFS-AI-26E,rev 6/2014),incorponited byr&=e,to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit trivilo ridac to.c k)m//.DDiyiJ rm also includes tools and information that ion/AAZEQfms!DES�:���The to allow you to check on payments. 7. Florida Substitute or W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS)must have the correct Taxpayer Identification Number(TIN)and other related infairnation in order to report accurate tax inforrnation to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit fly ndcsr.mylluridado.ca A copy of the Grantee's Florida Substitute or W-9 must be subnutted by the Grantee tate Division before or with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes: The Department shall require the return of the award in a prorated amount based upon the percentage of time that the library failed to perform the minimurn level of services. The prorated reduction will be in the same percentage as the percentage of time that the library was not providing nuninium level of services. 9. Credit Line(s)to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, Page:3 CA�."Y-r I E,101 U-11"A A dminieirafive Cbdz,F,'1—,iv-, Page 52 of 972 information, press releases,publications, brochures, videos, web pages, programs, etc, created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program, administered by the Florida Department of State's Division of Library and Information Services." 10. Non-allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (dated February,2011),incorporated byreference,which are available online at mvfloridacfo.comDivisioiVAA/MamiaLs/Audft' fereme Guide For—State Exile S. Grant funds may not be used for the purchase or construction of a library building or library quarters. 11. Travel Expenses. The Grantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061,Florida Statutes. 12. Unobligate d and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated farids which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the to and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds as outlined in the Department of Financial Service's Reference Guide for State Expenditures (dated February, 2011) )e nditure ), incorporated by reference. (i�i,&,tloiidacfo.—coii�L)i�:i,�iQii�AAM—anzL,,/At Refegmc,� e Guid� Foi� Stmo-L'-re Akm— gt� -- — 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of"Department of State"and mailed directly to the following address:Florida Department of State, Attention:Marian Deeney, Division of Library and Information Services, 500 South Bronough Street, Mail Station#91), Tallahassee, FL 32399. In accordance with Section 215.34(2)9 Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent(5%)of the face amount of the returned check or draft,whichever is greater. 14. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215,97, Florida Statutes. See Attachment A for additional infonnation regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least$750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 218.39,Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records.Financial records, supporting documents, statistical records and all other Page:4 SMN'Aid Onan-Agivvms.nt lOrHa Adminktrative Cotk,E,T,-,`ivC 06-2019 Page 53 of 972 records, including electronic storage media pertinent to the Project, shall be retained for a period of five(5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP)Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s)must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-audit(such as invoices,bills and canceled checks). Page:5 >tt <1i,i io Lil ra:ic. S;-ani.'. ttw€xa t(r,c,,•.i:T:i't.IS {?Z# t apt,x!T?=.(t;U'2)(,111,i i;?t't;1,ycits€`>€Ic4 z3't4e C'od,x .F,Y!I,ctive(AX 2019 Page 54 of 972 20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Grantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee.The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors.The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary,to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s)for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants,joint venturers or partners of the Division. 24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees;nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28,Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is Page:6 Caar.Agjc nk!ne is(Inn 1)11`,'SA02} Page 55 of 972 understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Sectionl8, Noncompliance. 26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen(15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty(30)days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies.No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party;nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non-Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06,Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding govermnental agency as if it was the original party to this Agreement. _._ Page:7 Page 56 of 972 31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057,Florida Statutes. a) Procurement of Goods and Services Not Exceeding$35,000. The Grantee must use the applicable procurement method described below: a) Purchases Up to $2,500:Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. b) Purchases or Contract Amounts Between$2,500 and $35,000:Goods and services costing between$2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding$35,000. Goods and services costing over$35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A(a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable,the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513,Florida Statutes and the Americans with Disabilities Act of 1990( da.yov(as of April 2019)), incorporated by reference). 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. Page:8 5€a€: Aid oLibraries(ianiri r e;xh,I.fIi7Ti,s��?,l�"iSfi'} FxO iclanct:.ii kmiti•reio&,f: f tni- 06-2019 Page 57 of 972 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2019-20 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Grantee: Department of State By: .... By: Chair of Governing Body or Chief Executive Officer Amy Johnson, Director Steven Grant, Mayor Division of Library and Information Services - Departiiient of State St-tc of Mark!, Typed name and title Typed name and title Date Date Clerk or Chief Financial Officer Witness Crystal Gibson, City Clerk Typed name and title Date Date Page:9 [..iblvri'n 0-mii ,r�,u:is =t,Ftrrm D[.S/SA02) - isdC!,.iz : 1132.)1[C-2),'a),t H AGodo,t:::;.�Ik�iii-2 .19 Page 58 of 972 ATTACHMENT A FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. Monitoring In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and section 215.97,Florida Statutes (F.S.), as revised (see Audits below), monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer(CFO) or Auditor General. Audits Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements. Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, will meet the requirement of this Part. 2. For the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F -Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F -Audit Requirements, the cost of the audit must be Page:10 St:tt�laic(to Libraries Ck�m! 1 r:4€;x:it(i on_:UHS'SU12) C`iz.pL,.W-2,01 E(;.)(it).,'Eor!J+Adn it€istrath e Co:,kj[::e,.dive€6-0.10 Page 59 of 972 paid from non-federal resources (i.e. the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2)F.S. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient(for fiscal years ending June 30, 2017 and thereafter), the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97,F.S. ; Rule Chapter 69I-5 F.A.C., State Financial Assistance; and Chapters 10.550(local governmental entities)and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8),F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)F.S. , and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) bZ://www,myfloridacfo.com/ State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act) http J/www.leg.state.fl.us/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and required by PART I of this agreement shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Page:l l �+taae Ail]�c l�l rw: es C,:)t :`,i„€c tri si[(I',r;rd)'JS>>lO IP-2,01!(!0),1-i0 c a admin tr.idv Cod—t:.:i rti i 211119 Page 60 of 972 Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.6 and section 200.512 The FAC's website prides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 3. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97 F.S. and Chapters 10.550 (local governmental entities)and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements or Chapters 10.550(local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s)and this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee,the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued,unless extended in writing by the Department of State. Page:12 St:lc Aid ,1-.i raries :o:iJa,tti:snrEi tittttir C.2?c3 ,E,;i; five a 2(i3i? Page 61 of 972 EXHIBIT— 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Florida Department of State, State Aid to Libraries; CSFA Number. 45.030 Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four(State Project Compliance Requirements) of the State Projects Compliance Supplement located at hiias/a}ii s..fldfs.com/f Page:13 Li€,rariv Cha—tC 2r; .:a;:, 3:( iss: d[,I4;".;;iL'-3 Cl,-p. W-101! ;iFa},i ria Att i:siei a1:ir c C"c l ,E r,::t)If) Page 62 of 972 ATTACHMENT B Fiscal Year 2019-20 State Aid to Libraries Final Grants Page:14 io Libraries "h r 11,1-1011(21(a),F;ori,I a A Cod-.,t i ti 0,"-2019 Page 63 of 972 6.B. CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-097-Accept the transfer of all assets from the Quantum Park Overlay Development District for ownership by the City. EXPLANATION OF REQUEST: The main function of the Quantum Park Overlay Dependent District (QPODD or District) is to operate and maintain public infrastructure within the District. In 2012, by interlocal agreement (Resolution R12-066), the City of Boynton Beach accepted the road rights of ways containing; roadway pavements, sidewalks, vegetation and irrigation system, street lighting and roadway stormwater collection systems for maintenance. The remaining infrastructure (outside the road Rights of way) that is maintained by the District includes; the stormwater treatment facilities (ponds), which includes the water bodies, associated piping and appurtenances (Irrigation pumps, pond aerators, power/control feeds, water level control structures) located within common area easements within the property. The District Board declared all of the remaining assets as surplus and has offered the assets to the City for ownership and maintenance responsibilities. Staff has reviewed the condition of the assets and developed a plan to maintain these assets. The remaining assets consists mainly of the stormwater management facilities for the area and based on field inspections, appear to be in good condition. Staff has identified approximately $50,000 of work that should be performed prior to full acceptance of the systems. This work should be funded by the Board but the City can perform the work. The acceptance of the assets also includes the requirement for the District Board to fund the repair of assets. Staff recommends approval of the transfer of assets. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is already responsible for the roadway system. This additional work will not impact any current services. FISCAL IMPACT: Budgeted Based on staff's review of current operating costs by the Board, there is an estimated increase of$50,000 of maintenance that will be incurred by the Stormwater Division in the Utility Department. The City currently collects approximately $300,000 in stormwater utility fees from properties within the park and have included these additional costs in the 2019-2020 Utility operating budget. ALTERNATIVES: Do not accept the assets and allow the District Board to continue maintenance responsibility of the assets. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 64 of 972 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution approving the acceptance of transfer D Resolution of ownership of the remaining assets from the Quantum Park Overlay Dpendment District to the City D Attachment Legal Descriptions and Property Information D Attachment Asset Condition and Cost Staff Report Page 65 of 972 I RESOLUTION NO. R19- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE 4 ACCEPTANCE OF THE TRANSFER OF ALL ASSETS FROM THE 5 QUANTUM PARK OVERLAY DEVELOPMENT DISTRICT FOR 6 OWNERSHIP BY THE CITY; AND PROVIDING AN EFFECTIVE 7 DATE. 8 WHEREAS; In 2012,by Interlocal Agreement the City of Boynton Beach accepted the 9 road rights of ways containing; roadway pavements, sidewalks, vegetation and irrigation 10 system, street lighting and roadway stormwater collection systems for maintenance; and 11 WHEREAS, the remaining infrastructure (outside the road Rights of way) that is 12 maintained by the District includes; the stormwater treatment facilities (ponds), which includes 13 the water bodies, associated piping and appurtenances (Irrigation pumps, pond aerators, 14 power/control feeds, water level control structures) located within common area easements 15 within the property; and 16 WHEREAS, the District Board declared all of the remaining assets as surplus and has 17 offered the assets to the City for ownership and maintenance responsibilities; and 18 WHEREAS, the acceptance of the assets also includes the requirement for the District 19 Board to fund the repair of assets; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve and 22 authorize the acceptance of the transfer of all remaining assets from the Quantum Park Overlay 23 Dependent District for ownership by the City of Boynton Beach. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\D2BF2537-C82D-49D1-A379-9B818F5E38B8\Boynton Beach.18154.1.Accept_Ownership_Transfer_Of QPODD_Assets_-_Keso.Docx Page 66 of 972 26 Section 1. Each Whereas clause set forth above is true and correct and incorporated 27 herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 29 approve and authorize the acceptance of the transfer of all remaining assets from the Quantum 30 Park Overlay Dependent District for ownership by the City of Boynton Beach. 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2019. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Justin Katz 40 41 Commissioner—Mack McCray 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Ty Penserga 46 47 VOTE 48 ATTEST: 49 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) 57 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\D2BF2537-C82D-49D1-A379-9B818F5E38B8\Boynton Beach.18154.1.Accept_Ownership_Transfer_Of QPODD_Assets_-_Keso.Docx Page 67 of 972 W N O V N N V M r r �V O 0� N O []'; N V wp, wi M M m N O 4 0 m O 0 O N � � N w, fL" 00000000000 N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 N M M M M M M M M M M M M M M M M M M M M M M �/� J J J J J J J J J J J VJ LL LL LL LL LL LL LL LL LL LL LL l- w Z Z Z Z Z Z Z Z Z Z '.w w w w w w w w w w w O 00000000000 Ir Ir Ir Ir Ir Ir Ir Ir Ir Ir Ir co <<<<<<<<<<< ''....C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 U U U U U U U U U U<<<<<<<<<<<W W W W W W W W W W w,:'..m mmmmmmmmmm 0<<<<<<<<<<<¢wwwwwwwwwww w X,0 0 0 0 0 0 0 0 0 0 0 0:iririririririririririr zzzzzzzzzzz ,mmmmmmmmmmm Ir Ir Ir Ir Ir Ir Ir Ir Ir Ir U U U U U U U U U U w w w w w w w w w w w 00000000000 Z Z Z Z Z Z Z Z Z Z Z w w w w w w w w w w w wwwwwwwwwww ....:00000000000 Ir Ir Ir Ir Ir Ir Ir Ir Ir Ir Ir J J J J J J J J J J J wwwwwwwwwww 0 0 0 0 0 0 0 0 0 0 0 I.0 0 0 0 0 0 0 0 0 0 0 Y Y Y Y Y Y Y Y Y Y Y Ir Ir Ir Ir Ir Ir Ir Ir Ir Ir Ir aaaaaaaaaaa IDDDDDDDDDD zzzzzzzzzzz w<<<<<<<<<<< Q;00000000000 0 O O O O O O V m O N OO OO,O-OMMO 000O000000000000N 0 0 0 O O O O O O O O 0 0 0 N N M M M 0 0 0000 000 0 O O O O r r r r r r a... 00000000000 PAPA Banner Location Address "+Tualclalltw BOYNTON BEACH Parcel Control Iunr 08-43-45-16-29-011-0000 SuIvlslon QUANTUM PK AT BOYNTON BCH PL 5 Official Records Book 22771 Page 1860 Sale Date JUL-2008 Legal Description QUANTUM PK AT BOYNTON BCH PL 5TRS K&S K/A WATER MGMT Owners -- Mailing address QUANTUM PARK OVERLAY 2501 BURNS RD STE A DEPENDENT DISTRICT PALM BEACH GARDENS FL 33410 5207 Sales Date Price 11001 R Sale Type Owner JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DISTRICT MAR $10 8158/ WARRANTY QUANTUM COMMUNITY DEV DISTRICT 1994 01315 DEED Exe tion Applicant/Own:r star Detail QUANTUM PARK OVERLAY 2019 FULL.GOVT INDEPENDENT DISTS DEPENDENT DISTRICT *Total S�I�nare I u nber of Units 0 Peet 0 Acres 7.3175 9500- Zoning PID-Planued Industrial Ded(08- 1Jsc Cade RIVER/LAKES BOYNTON BEACH) Tax Year --2018 2017 2016 Improvement Value $0 $0 $0 Lana Value $2,195 $2,195 $2,195 Total Market Value $2,195 $2,195 $2,195 All values are as of January 1st each year 'T'ax Year 2018 2017 2016 Ass ess cd Value $2,195 $2,195 $2,195 E xemption Amount $2,195 $2,195 $2,195 'T'axable Value $0 $0 $0 Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0 Ion Ad Valorem $0 $0 $0''' 'T'otal tax $0 $0 $0 Page 69 of 972 11111111111111111111112 h1ININ11111112 CPN 20080275719 OR BK 22771 PG 1860 WC-70 RECORDED 07/23/2008 15:55:23 THIS INSTRUMENT PREPARED BY AND RETURN TO: Palm Beach County, Florida BERNARD A.CONKO,ESQ. Sharon R. Bock,CLERK & COKPTROLLER COHEN,NORRIS,SCHERER,WEINBERGER&WOLMER PJB 1860 — 1877 (18pgo) 712 U.S. HWAY ONE, #400 NORT BEACH,FL 33408 Prope 1 Numbers:n/a Q SPECIAL WARRANTY DEED 0 THI CIAL WARRANTY DEED made this day of �� I� ,2008,between QUANTUM COMMUNI E ELOPMENT DISTRICT,an independent special district eated pursuant to Chapter ct c Florida Statutes,Grantor, ANTUM PARK OVERLAY DEPENDENT DISTRICT,a dependent special district created pursuant to Chapte lorida Statutes,whose post office address is 2501-A Burns Road,Palm Beach Gardens,Florida 33410,Grantee. WITNESSETH at said Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideratiO14 said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold t said Grantee,and Grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Bea ty,Florida,to-wit: See Exhibit A attaceto and incorporated herein by reference 0 SUBJECT to the reservati�is_ „fictions and easements of record and those set forth in the attached Exhibit B. TO HAVE AND TO HOLD ove granted,bargained and described premises in fee simple forever. And said Grantor does hereby fut the title to said land,and will defend the same against the lawful claims of I persons claiming by,through or the Grantor. IN W ESS WHE F,Grantor has here�(ur�� t Grantor's hand and seal the day and year first above written. Sign ,sealed and n the presence of- QUANJUM COM UNITY DEVELOPMENT DISTRICT TNESS /� � f rinted Name' By: f M.C.Fergu on,Chairman 2501-A Burns Road Palm Beach Gardens,Florida 33410 I SS �, / ne Printed Name:�i°t// /t� fi/ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged to me this_LL2008day of �U ` by M.C.Ferguson, Chairman,of QUANTUM COMMUNITY DEVELOPMENT DISTRICT ho is M ersonally wn to a or[ ]who has produced as identification. /`/� (SEAL) BERNARD A.CON a ub is VW noi# w rint Name: orw9,210 SMRES:July2o m Expire: I-WO-3NOMW PL NMry Db=m t Ateoa Co. Page 70 of 972 Book22771/Pagel 860 Page 1 of 18 EXHIBIT"A" LEGAL DESCRIPTION FOR REAL PROPERTY AND IMPROVEMENTS VLUANTUM BOULEVARD: O Pa ALL F jTCT"C"AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, F.I.D. O. 1-A,AS RECORDED IN PLAT BOOK 57,AT PAGES 180 AND 181,OF THE PUBLICORDS OF PALM BEACH COUNTY,FLORIDA. TOGETHE H: Parcel 2• ALL OF TRACT'V,AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO.1 A CORDED IN PLAT BOOK 57,AT PAGES 182 AND 183,OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: a Parcel 3• ALL OF TRACT"B",AS SHOTHE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2,AS RECO*BACIJ PLAT BOOK 57,AT PAGES 184 AND 185,OF THE PUBLIC RECORDS OF PALCOUNTY,FLORIDA. TOGETHER WITH: Q 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 PLAM 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 PLAM BEACH COUNTY,FLORIDA. Page 1 of 17 Page 71 of 972 Book22771/Pagel 861 Page 2 of 18 AND THE FOLLOWING FOR PARK RIDGE BOULEVARD: Parcel 6• A F TRACT"F",AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, LAT NO.4,AS RECORDED IN PLAT BOOK 57,AT PAGES 186, 187 AND 188,OF THE CCORDS OF PLAM BEACH COUNTY,FLORIDA. ANDviHnUOLLOWING FOR ALPHA DRIVE AND BETA DRIVE: Parcel 7..Q ✓ ALL OF T "A",TOGETHER WITH ALL OF TRACT"B',AS SHOWN ON THE PLAT, QUANTUM T BOYNTON BEACH,P.I.D.PLAT NO. 10,AS RECORDED IN PLAT BOOK 60,AT PA*GES , 5 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE FOLLOWYN6FOR HIGH RIDGE ROAD: Parcel 8• ALL OF TRACT"C",AS ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.P.PLAT NO. 6,AS REC IN PLAT BOOK 57,AT PAGES 191, 192 AND 193 OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: V Parcel 9• 0 ALL OF TRACT"C",AS SHOWN ON LAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO. 5,AS RECORDED BOOK 57,AT PAGES 189 AND 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNT A. 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 THE FOLLOWING TWO DESCRIBED PARCELS: 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. '/4)OF SAID SECTION 21, BOUNDED AS FOLLOWS: Page 2 of 17 Page 72 of 972 Book22771/Page 1862 Page 3 of 18 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- , AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN DEED RECORDED IN OFFICIAL RDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY; SOUTH: BY A LINE 367.49 FEET NORTH OF(AS MEASURED AT RIGHT ANGLES TPARALLEL WITH THE NORTH RIGHT-OF-WAY OF SAID BOYNTON CANAL,C-16; OMTEAST: BY A LINE 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) A RALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER (N.W. '/4) OF SAI CTION 21. IT IS INTETHAT THE NORTH LINE, THE EAST LINE AND THE SOUTH LINE OF THIS PARCEL BE MON LINE RESPECTIVELY TO: THE WESTERLYTENSION OF THE NORTH LINE, THE WEST LINE, AND THE WESTERLY EXTENSION OF SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE J. AND HARRIET GOTS AND DESCRIBED AS PARCEL"D" IN DEED RECORDED IN OFFICIAL RECORD BOOK 5139,rGE 0153. A PARCEL OF LAND si IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BE ATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40.00 FEET OF T RTHWEST ONE-QUARTER(N.W. 1/4)OF SAID SECTION 21, LYING NORTH OF THE N GHT-OF-WAY LINE OF THE BOYNTON CANAL (A PERPETUAL EASEMENT) 'CO BY THE CENTRAL AND SOUTHERN FLOOD CONTROL DISTRICT AS RECORDED IN O AL RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY, - kRED TH OF A LINE 367.49 FEET NORTH OF (AS MEASURED AT RIGHT ANGLESSAID NORTH RIGHT-OF-WAY LINE, SAID LINE ALSO BEING THE NORTH LINE OERTAIN PARCEL CONVERYED TO CURT G. JOA- INC., AS DESCRIBED IN A DEED IN OFFICIAL RECORDS BOOK 1711, PAGE 371 OF THE PUBLIC RECORDS OF SAID COUNTY. AND THE FOLLOWING FOR QUANTUM LANE: Parcel 12: ALL OF TRACT "A", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.9, AS RECORDED IN PLAT BOOK 60, AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. 1. QUANTUM BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR CONGRESS AVENUE, A PORTION OF TRACT "A", AS SHOWN ON SAID PLAT, QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO. 1-A. 2. PARK RIDGE BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR N.W. 22nD AVENUE, A PORTION OF TRACT "U", AS SHOWN ON SAID PLAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NOA. Page 3 of 17 Page 73 of 972 Book22771/Pagel 863 Page 4 of 18 AND THE FOLLOWING FOR TWO WETLAND CONSERVATION AREAS: Parcel 13• F TRACT "W", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, LAT NO.2, AS RECORDED IN PLAT BOOK 57,AT PAGES 184 AND 185 OF THE PUBLIC RIS OF PALM BEACH COUNTY,FLORIDA. TO R WITH: 0 Parcel ALL OFT T "T", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLA 3, AS RECORDED IN PLAT BOOK 60, AT PAGES 29, 30 AND 31 OF THE PUBLIC REC OF PALM BEACH COUNTY,FLORIDA. AND THE FOL G FOR TWO SAND PINE PRESERVES: Parcel 15: Q ALL OF LOT 93, ASON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS RECO JN PLAT BOOK 60, AT PAGES 29, 30, AND 31 OF THE PUBLIC RECORDS OF PALM BE � UNTY,FLORIDA. TOGETHER WITH: Parcel 16• ALL OF LOT 71,AS SHOWN ON T —LAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO.9,AS RECORDED IN PL OK 60,AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUN ORIDA. THE ABOVE DESCRIBED LANDS ARA�ATED IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. AND THE FOLLOWING WETLAND AREAS: Parcel 17: TRACT "A", (LAKE) AS SHOWN AS LOT 1-A 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,AND Parcel 18• TRACT"I", (LAKE)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,AND Parcel 19• TRACT "J", (DETENTION) AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3,AS RECORDED IN PLAT BOOK 60,AT PAGES 29, 30 AND 31,AND Page 4 of 17 Page 74 of 972 Book22771/Page1864 Page 5 of 18 Parcel 20• TRACT "K", (LAKE) AND TRACT "S" (LAKE) AS SHOWN AS LOT 1-A ON THE PLAT Q NTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.5,AS RECORDED IN PLAT BOOK 57, A GES 189 AND 190,AND 2 TRAM",(LAKE) AND TRACT"P"(LAKE)AND TRACT"Q"(LAKE)AS SHOWN AS LOT I- A O PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.6, AS RECORDED IN PLA OK 57,AT PAGES 191, 192 AND 193. ALL THEE DESCRIBED LANDS ARE SITUATED IN THE CITY OF BOYNTON BEACH, PALM BEA OUNTY,FLORIDA. TOGETHER WI: Parcel 22: Zs' TRI-RAIL ACCESS A PARCEL OF LANkSOUTHE SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 WEST, PALM BEACH COUNALSO BEING A PORTION OF TRACTS 90 AND 91 OF THE PLAT OF QUANTUM NTON BEACH, P.I.D. PLAT NO. 8, AS RECORDED IN PLAT BOOK 57, AT PAGESOF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,BEING MORLY DESCRIBED AS FOLLOWS: BEGINNING AT THEC ORNER OF SAID TRACT 90; THENCE SOUTH 86' 35' 25" WEST, ALONG THE SOUTH LIN TRACT, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 91, A DISTAN FEET; THENCE SOUTH 35° 46' 19" WEST, A DISTANCE OF 38.76 FEET TO A POHE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING AOF 566.00 FEET AND A CENTRAL ANGLE OF 100 08' 06" (A RADIAL LINE PASSING SAID POINT BEARS NORTH 740 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. 12 FOOT DRAINAGE EASEMENT ACROSS LOT#13 : Parcel 23: 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: Page 5 of 17 Page 75 of 972 Book22771/Pagel 865 Page 6 of 18 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 010 16' 01" EAST A DISTANCE OF 170.61 FEET; ffENORTH 75° 20' 02" WEST A DISTANCE OF 310.33 FEET TO A POINT LYING ON THE RLY LINE OF SAID LOT 13 AND THE WESTERLY TERMINUS OF THIS DESCRIPTION. i°Z"(LAKE): Parc"' : 0TRAC4 QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 5 ACCORDING TO THE PLAT T OF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAL CH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 57,PAGE 189. 20 FOOT D"AGE EASEMENT ACROSS LOT##32 33 &34: Parcel 25• A PORTION OF LOT02, 33, AND 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDINTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 29 THROUGH 31 OF T LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: U; �a A 20.00 FOOT STRIP OF OR A DRAINAGE EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING RIBED CENTERLINE: BEGIN AT THE NORTHWEST ER OF SAID LOT 33, THENCE N 69° 30' 00"E ALONG THE NORTHERLY LINE OF SAID LOM-1-36.50 FEET;THENCE S12° 50' 29"E, 193.21 FEET;THENCE S00° 23' 33"E, 121.20 FEET; THE 77° 22'23"E, 272.96 FEET; THENCE N52° 58'58"E, 115.12 FEET; THENCE N12° 44' 17"W, 16 FEET; THENCE N18° 38' 32"W, 149.34 FEET; THENCE N690 30' 00"E,39.54 FEET,ALONG ID NORTHERLY LINE OF LOT 33 TO THE POINT OF TERMINATION. 20 FOOT DRAINAGE EASEMENT ACROSS LOT##59&60: Parcel 26• A PARCEL OF LAND SITUATE IN SECTION 17,TOWNSHIP 45 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LOTS 59 AND 60, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, INCLUSIVE, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA, BEING A DRAINAGE AND LAKE ACCESS EASEMENT 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 59, THENCE SOUTHWESTERLY ALONG THE EAST RIGHT-OF-WAY OF QUANTUM LAKES DRIVE AS SHOWN IN SAID PLAT NO. 6, SOUTH 46° 06' 06" WEST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, SOUTH 43° 13' 54" EAST, A DISTANCE OF 47.18 FEET; THENCE SOUTH 02° 01' 42" WEST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 470 10' 42"EAST, A DISTANCE OF 140.17 FEET; THENCE NORTH 46°46' 06" Page 6 of 17 Page 76 of 972 Book22771/Pagel 866 Page 7 of 18 EAST,A DISTANCE OF 43.75 FEET; THENCE SOUTH 43° 13' 54"EAST,A DISTANCE OF 200.25 FEET TO THE TERMINUS OF THE CENTERLINE. TSIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR S TENED, AS NECESSARY, IN ORDER TO MAINTAIN CONTINUOUS STRIPS OF LAND .0 EET IN WIDTH, AND TO INTERSECT EXISTING EASEMENTS AND RIGHTS OF WAY O CgRD. LO -C: a Parcel LOT 34C, TUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3 ACCORDING TO THE PLAT THE CORDED IN PLAT BOOK 60,PAGE 29, PUBLIC RECORDS OF PALM BEACH COUNTY,FL TRACTS A-1,A-2j�-A,AND 16-A: Parcel 28• 0 D ALL OF TRACTS A-I A-2, AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT �S RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BE ,CQUNTY,FLORIDA. Parcel 29• ALL OF TRACTS 15-A AND 16SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 AS ORDED IN PLAT BOOK 57, PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH CO FLORIDA. IRRIGATION EASEMENT ACROS �jCT"E": Parcel 30: BEING A PORTION OF TRACT E, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6; THENCE NORTH 460 46' 06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E,A DISTANCE OF 70.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 430 13' 54"WEST, 100.00 FEET; THENCE NORTH 460 46' 06"EAST,32.00 FEET; THENCE SOUTH 230 13' 54"EAST, 84.00 FEET; Page 7 of 17 Ela e :77 of 972 Book22771/Pagel 867 Page 8 of 18 THENCE NORTH 460 46'06" EAST, 233.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 430 13' 54"WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 9 . FEET,A CENTRAL ANGLE OF 30°46' 09",AN ARC DISTANCE OF 585.46 FEET; 0 T SOUTH 740 00' 03"EAST 16.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CUR ONCAVE TO THE NORTHWEST SAID POINT BEING THE NORTHWEST CORNER OF LOT 61SHOWN ON SAID PLAT (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 740005 ST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOT 61 AND LOT 60 AND ALO D CURVE HAVING A RADIUS OF 1106.19 FEET, A CENTRAL ANGLE OF 30° 46' 09",ANA TANCE OF 594.46 FEET TO THE POINT ON TANGENCY; THENCE SOUT46' 06"WEST 265.68 FEET TO THE POINT OF BEGINNING. CONTAINING 163X4.90 SQUARE FEET,MORE OR LESS. ACCESS EASEME ROSS LOT##59&60: Parcel 31: 0 A PORTION OF LOTS 59 , QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PL HEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, OF THE PU RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESC AS FOLLOWS: COMMENCING AT THE MOST NHWESTERLY CORNER OF LOT 59 LYING ON THE EAST RIGHT-OF-WAY LINE OF QUAN'' LAKES DRIVE, TRACT "E", ACCORDING TO SAID PLAT; ;z' THENCE SOUTH 460 46' 06" WEST G SAID EAST RIGHT-OF-WAY LINE AND WEST LINE OF LOT 59, A DISTANCE OF 36.81 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (SAID POINT BEARS SOUTH 590 54' 51" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 13° 12' 15", AN ARC DISTANCE OF 7.58 FEET TO A POINT OF TANGENCY; THENCE SOUTH 430 17' 24" EAST 26.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 12° 59' 29", AN ARC DISTANCE OF 41.95 FEET TO THE BEGGINNING OF A REVERSE CURVE CONCAVE TO SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 73.00 FEET, A CENTRAL ANGLE OF 23° 12' 35", AN ARC DISTANCE OF 29.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; Page 8 of 17 118 e 78 of 972 Book22771/Pagel 868 Page 9 of 18 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 540.77 FEET, A CENTRAL ANGLE OF 05° 22' 04", AN ARC DISTANCE OF 50.66 FEET TO THE jB INNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST; E SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 43.00 F 0 CENTRAL ANGLE OF 500 27' 48", AN ARC DISTANCE OF 37.87 FEET TO THE BE ING OF A REVERSE CURVE CONCAVE TO THE SOUTH; THENCE THEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 FEET, ENTRAL ANGLE OF 19° 24' 27", AN ARC DISTANCE OF 16.49 FEET TO THE BEGINNF A REVERSE CURVE CONCAVE TO THE NORTH; THENCE N ASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CE ANGLE OF 63°42' 47", AN ARC DISTANCE OF 20.02 FEET TO A POINT OF TANGENCY; THENCE NORTHVO 47' 30" EAST, 90.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE r1TH; THENCE NORTHEAOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS A CENTRAL ANGLE OF 90° 12' 52", AN ARC DISTANCE OF 65.20 FEET TO A ENCY; THENCE SOUTH 420',N8.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE THENCE SOUTHEAD_-NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 21.34 FEI CENTRAL ANGLE OF 890 51' 14", AN ARC DISTANCE OF 33.47 FEET TO A POINT OF TAi"CY; THENCE NORTH 470 09' 08"EAST, EET; THENCE SOUTH 430 17' 24"EAST, 125.63 FEET OF SAID POINT LYING ON THE EAST LINE OF SAID LOT 60; THENCE SOUTH 47° 13' 27"WEST ALONG THE EAST LINE OF SAID LOT 60,A DISTANCE OF 127.00 FEET; THENCE NORTH 420 46' 33"WEST, 12.00 FEET; THENCE NORTH 470 13' 27" EAST, 94.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90° 30' 51", AN ARC DISTANCE OF 31.60 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 64.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; Page 9 of 17 Page 79 of 972 Book22771/Pagel 869 Page 10 of 18 THENCE NORTHWESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5.00 FEET,A CENTRAL ANGLE OF 89° 33' 28",AN ARC DISTANCE OF 7.82 FEET TO A POINT OF TANGENCY; T CE SOUTH 470 09' 08"WEST, 242.60 FEET TO THE BEGINNING OF A TANGENT CURVE O VE TO THE NORTH; T 0 SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HA A RADIUS OF 45.34 FEET, A CENTRAL ANGLE OF 89° 51' 14", AN ARC DISTANCE OF 71.10�ffT TO A POINT OF TANGENCY; THENCE ORTH 420 59' 38" WEST, 18.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVHE SOUTH; THENCE SO STERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 17.41 FEET, A CENT ANGLE OF 900 12' 52",AN ARC DISTANCE OF 27.41 FEET TO A POINT OF TANGENCY; THENCE SOUTH 4"' 30" WEST, 91.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE HEAST; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CENTRAL A 620 49' 18", AN ARC DISTANCE OF 19.74 FEET TO THE BEGINNING OF A REVER VE CONCAVE TO THE NORTH; THENCE SOUTHWESTERLNORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 , A CENTRAL ANGLE OF 2020 36' 53", AN ARC DISTANCE OF 172.20 FEET TO THE B rING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALON� ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 49° ARC DISTANCE OF 21.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 43° 17' 24" WEST, 32.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 53.82 FEET, A CENTRAL ANGLE OF 17° 59' 59", AN ARC DISTANCE OF 16.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 62.34 FEET,A CENTRAL ANGLE OF 170 59' 59", AN ARC DISTANCE OF 19.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 85.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 240 41' 22",AN ARC DISTANCE OF 14.16 FEET TO A POINT OF NON-TANGENCY, SAID POINT LYING ON THE WEST LINE OF LOT 59 AND THE EAST RIGHT-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, (SAID POINT BEARS Page 10 of 17 Page 80 of 972 Book22771/Pagel 870 Page 11 of 18 NORTH 22° 01' 14" EAST FROM THE RADIUS POINT OF THE PREVIOUSLY DESCRIBED CURVE); T NCE NORTH 460 46' 06" EAST ALONG THE WEST LINE OF LOT 59 AND THE EAST RI T-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, 54.54 FEET TO THE OF BEGINNING. P LOTS 09 10&27 FOR QUANTUM BOULEVARD ROUNDABOUT: Parc_.._.. e 2:ro A POR& OF TRACT "B" AND LOTS 9 AND 10 OF "QUANTUM PARK AT BOYNTON BEACH, P.%APORTION T NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, 184 AND 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORtFLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 3", AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31,PALM H COUNTY RECORDS,FLORIDA,THENCE N.09°05' 43"E.,ALONG V THE WEST RIGHT-OF LINE OF QUANTUM BOULEVARD, FOR 53.84 FEET TO THE POINT OF BEGINNING, POINT "A'; THENCE N.39° 20' 38"W., FOR A DISTANCE OF 6.68 FEET; THENCE N.09° ,FOR A DISTANCE OF 73.87 FEET;THENCE N.56°29' 36"E., FOR A DISTANCE OF 6.79 TO POINT "B"; THENCE 5.09° 05' 43"W., ALONG THE WEST RIGHT-OF-WAY LINE OF Q TUM BOULEVARD, FOR A DISTANCE OF 82.90 FEET TO SAID POINT"A",BEING THE POF BEGINNING. TOGETHER WITH, 0 COMMENCING AT SAID POINT "t-, NCE N.62° 46' 53"E., FOR A DISTANCE OF 124.10 FEET TO POINT "C", BEING THEF BEGINNING; THENCE 5.40° 56' 24"E., FOR A DISTANCE OF 95.33 FEET; THEN05' 43"W., FOR A DISTANCE OF 108.00 FEET; THENCE 5.590 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. DRAINAGE EASEMENT ACROSS LOT#90(TRI-RAIL) Parcel 33: 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" Page 11 of 17 Page 81 of 972 Book22771/Pagel 871 Page 12 of 18 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 210 24' 48" EAST, A DISTANCE OF 71.05 FEET; THENCE NORTH 88° 24' 22" WEST, A DI ANCE OF 253.38 FEET TO A POINT ON THE WEST LINE OF SAID LOT 90; THENCE 21° 57' 58" EAST ALONG SAID WEST LINE, A DISTANCE OF 26.67 FEET; THENCE 88° 24' 22" EAST, A DISTANCE OF 279.68 FEET; THENCE SOUTH 210 24' 48" WEST, A D CE OF 99.95 FEET; THENCE SOUTH 08° 33' 11" EAST, A DISTANCE OF 103.13 FEET; T SOUTH 030 27' 07" EAST, A DISTANCE OF 501.53 FEET TO THE POINT OF BEG G. �(n1. SURVEYOR'S NOTES: BEARINGS OWN HEREON ARE REFERENCED TO QUANTUM PARK AT BOYNTON BEACH, PIAT NO. 8, PLAT BOOK 57, PAES 196 AND 197, PUBLIC RECORDS OF PALM BEACH CO LORIDA, RESULTING IN A BEARING OF SOUTH 86° 35' 25" WEST ALONG THE SOUTH L OF LOT 90 AS SAME IS SHOWN ON SAID PLAT. ACCESS EASEMENT ACROSS PART OF TRACT"A" (CUL-DE-SAC): Parcel 34• A PORTION OF TRAC ' 'TOGETHER WITH A PORTION OF LOT 66, QUANTUM PARK AT BOYNTON BEACH, P.I. NO. 9, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60, PA OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICU Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTE ION OF THE CENTERLINE OF HIGH RIDGE ROAD (100 FOOT WIDE RIGHT OF WAY) TITHE CENTERLINE OF QUANTUM LANE (50 FOOT WIDE RIGHT OF WAY)AS SHOWN ON I PLAT; THENCE NORTH 750 49' 01"WEST, a G THE QUANTUM LANE CENTERLINE, 100.00 FEET TO THE BEGINNING OF A TANG' VE CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 916.51 FEET,A CENTRAL ANGLE OF 30°47' 10",AN ARC DISTANCE OF 492.46 FEET; THENCE SOUTH 490 15' 59"WEST, 5.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 49° 15' 59" WEST, 20.03 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 450 05' 01" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 51° 54' 11", AN ARC DISTANCE OF 22.65 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSED CURVE HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 38° 32' 44", AN ARC DISTANCE OF 40.36 FEET; Page 12 of 17 Page 82 of 972 Book22771/Pagel 872 Page 13 of 18 THENCE SOUTH 860 18' 57" WEST, 22.10 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 460 38' 02"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 E CENTRAL ANGLE OF 180 0V 42",AN ARC DISTANCE OF 23.60 FEET; T 0 NORTH 860 18' 57" EAST, 40.92 FEET TO A POINT ON THE ARC OF A NON- TAT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NWH 40°02' 57"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CL ANGLE OF 460 52' 08", AN ARC DISTANCE OF 35.72 FEET TO A POINT OF REVERSE TURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, A CENTRNGLE OF 53° 45' 48", AN ARC DISTANCE OF 42.23 FEET TO THE POINT INNING. OF BEGV LESS THE FOLLD ING: 0 PART OF PARK RIDGE VARD FOR SCHOOL: THAT PORTION OF PAR %BOYNTON BOULEVARD TRACT "F" OF QUANTUM PARK AT BEACH P.I.D. PL4, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK O IRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PL , 57, PAGE 186, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q BEGIN AT THE NORTHWEST CO F SAID LOT 53, THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID PARK 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 030 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 890 12' 52"FOR 835.80 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, SO10 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, N420 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 860 59' 23" FOR 966.78 FEET TO A POINT OF TANGENCY; THENCE N00° 02' 36"E Page 13 of 17 cl-ge 143 of 9:72 Book22771/Page 1873 Page 14 of 18 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 060 27' 17"FOR 636.77 FEET; CE DEPARTING SAID WESTERLY RIGHT-OF-WAY, N90° 00' 00"E FOR 100.62 FEET TO STERLY RIGHT-OF-WAY OF SAID PARK RIDGE BOULEVARD TRACT "F", BEING A C OCONCAVE TO THE WEST, HAVING A RADIUS OF 5752.40 FEET, WHERE THE LINE BEARS 5830 42' 03"W; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY A VE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 030 10' 44" FOR 319.17 FEET TO TIM WNT OF BEGINNING. LIFT ST�1N: THE LAND TIFIED AS THE "LIFT STATION" ON PAGE 2 OF THE PLAT OF QUANTUM PARK AT B N BEACH,P.I.D., PLAT NO. 5 RECORDED IN PLAT BOOK 57,PAGE 189 OF THE PUBLIC RDS OF PALM BEACH COUNTY,FLORIDA, SITUATE, LYING AND BEING IN PALM BEACFk�"TY,FLORIDA. PART OF TRACTS r`r '1 AND"O" (QUANTUM LAKES DRIVE &LAKE): D A PARCEL OF PROP BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNT ARIDA, BEING A REPLAT OF A PORTION OF TRACTS E AND Q, QUANTUM PARK AT N BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PA ACH COUNTY, FLORIDA, SHOWN HEREON AS "QUANTUM PARK AT BOYNTON B P.I.D. PLAT NO. 6 REPLAT NO. V BEING MORE PARTICULARLY DESCRIBE LLOWS: BEING A PORTION OF TRAC P :�f1ND Q, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, 191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICULARLY�CRIBED AS FOLLOWS: COMMENCING AT THE MOSTY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6, RUN THENCE 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E, A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID NORTHWESTERLY LINE OF LOT 60 AND SAID SOUTHEASTERLY LINE OF SAID TRACT E), A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF TRACT Q, AS SAME IS SHOWN ON SAID PLAT NO. 6: THENCE NORTH 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG SAID SOUTHEASTERLY LINE OF TRACT Q, A DISTANCE OF 85.86 FEET; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID SOUTHEASTERLY LINE OF TRACT Q),A DISTANCE OF 34.76 FEET;THENCE NORTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 95.49 FEET; THENCE NORTH 44 DEGREES 31 MINUTES 24 SECONDS EAST,A DISTANCE OF 143.54 FEET;THENCE NORTH 57 DEGREES 07 MINUTES 22 SECONDS EAST, A DISTANCE OF 59.93 FEET; THENCE NORTH 35 DEGREES 05 MINUTES 07 SECONDS EAST, A DISTANCE OF 48.60 FEET; THENCE NORTH 25 DEGREES 24 MINUTES 11 SECONDS EAST, A DISTANCE OF 48.26 FEET; THENCE NORTH 33 DEGREES 26 MINUTES 59 SECONDS EAST, A DISTANCE OF 87.46 FEET; THENCE NORTH 38 DEGREES 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 97.65 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 25 SECONDS EAST, A DISTANCE OF 140.69 FEET; THENCE NORTH02 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 33.53 FEET; THENCE NORTH 08 DEGREES 18 MINUTES 59 SECONDS EAST,A DISTANCE OF 124.56 FEET; THENCE NORTH 15 Page 14 of 17 Page-$4 of 972 — Book22771/Page1874 Page 15 of 18 DEGREES 13 MINUTES 07 SECONDS EAST, A DISTANCE OF 112.61 FEET; THENCE NORTH 20 DEGREES 49 MINUTES 41 SECONDS WEST,A DISTANCE OF 62.02 FEET; THENCE NORTH 52 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 22.22 FEET; THENCE NORTH 57 DI3qREES 45 MINUTES 47 SECONDS WEST, A DISTANCE OF 132.16 FEET TO THE POINT ON JO CONCAVE TO THE SOUTH HAVING A RADIUS OF 1583.02 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29 DEGREES 32 MINUTES 57 SECONDS THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A L ANGLE OF 21 DEGREES 29 MINUTES 20 SECONDS, A DISTANCE OF 593.71 FEET INT ON THE EAST LINE OF SAID TRACT E, SAID EAST LINE BEING A CURVE CONC��EGREES OUTHEASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUT 03 MINUTES 37 SECONDS EAST); THENCE SOUTHWESTERLY ALONG SAID E OF TRACT E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRALOF 81 DEGREES 48 MINUTES 48 SECONDS A DISTANCE OF 439.28 FEET TO A POINVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS19 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH ANGLE OF 46 DEGREES 38 MINUTES 30 SECONDS, A DISTANCE OF 900.50 FEET TOOINT OF TANGENCY; THENCE SOUTH 46 DEGREES 46 MINUTES 46 SECONDS WEST, DISTANCE OF 321.40 FEET TO THE POINT OF BEGINNING. PART OF TRACT " LANES- UANTUM BOULEVARD): A PORTION OF TRAC i QF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, ACCORDING TO THE P REOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND 185 OF THE PUBLIC S OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIB FOLLOWS: BEGINNING AT THE SOUTH�ORNER OF LOT 24 OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS ED IN PLAT BOOK 60,PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORDS, FL A; THENCE S12' 34' 13"W, ALONG THE WEST RIGHT- OF-WAY LINE OF QUANTUM BO ARD, FOR 133.91 FEET; THENCE S77° 25' 47"E, FOR 50.00 FEET (THE NEXT 3 COU EING ALONG THE CENTERLINE OF QUANTUM BOULEVARD); THENCE N12° 34' 1 ' R 276.91 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; T NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6937.50 FEET AND A CENTRAL ANGLE OF 030 28' 30", FOR 420.76 FEET TO A POINT OF TANGENCY; THENCE N09° 05' 43"E, FOR 9.51 FEET TO POINT "A'; THENCE N390 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 030 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 580 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 Page 15 of 17 115 of 9:72 Book22771/Pagel 875 Page 16 of 18 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; =N56-29' 36"E,FOR 67.93 FEET TO POINT"B",BEING THE POINT OF BEGINNING. "A"(QUANTUM LANE),: Q ALTRACT"A" QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 9, PLAT BOOK 60,WS 32-33 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID" PARTS T CTS"E" "B" "P"AND" "(QUANTUM LAKES DRIVEQUANTUM BOULEV WATER MANAGEMENT LAKES BEIN RTION OF TRACT E,A PORTION OF TRACT B,A PORTION OF WATER MANAGEMEN T CT P AND A PORTION OF WATER MANAGEMENT TRACT Q, QUANTUM PARK AT BOYN BEACH,P.I.D. PLAT NO. 6,PLAT BOOK 57,PAGES 191 THROUGH 193, PUBLIC RECORD`S�OF PALM BEACH COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: BEGINNING E MOST SOUTHERLY CORNER OF TRACT 101,QUANTUM PARK AT BOYNTON BEAC PLAT NO. 6,REPLAT NO. 1,PLAT BOOK 94,PAGES 176 THROUGH 177,PUBLI ARDS OF PALM BEACH COUNTY,FLORIDA, RUN THENCE SOUTH 4646'06" WEST THE SOUTHERLY LINE OF SAID TRACT E,A DISTANCE OF 234.56 FEET TO THE PO URVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 67 ET;THENCE SOUTHWESTERLY CONTINUING ALONG THE SAID SOUTHERLY LINE OF E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4500'0 ' STANCE OF 528.20 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CO E TO THE NORTH HAVING A RADIUS OF 600.00 FEET; THENCE WESTERLY ALONG T C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4618'32",A DISTANCE OF 484.95 A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVIN IUS OF 370.39 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE GH A CENTRAL ANGLE OF 5810'10",A DISTANCE OF 376.04 FEET TO THE ORTHERLY CORNER OF LOT 52,QUANTUM PARK AT BOYNTON BEACH P.I.D.,PLAT NO. 5,PLAT BOOK 57,PAGES 189 THROUGH 190, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA;THENCE NORTH 3557'52"EAST,A DISTANCE OF 1.45 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD, SAID SOUTH RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT E, SAID NORTH LINE ALSO BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 0948'51"WEST; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF TRACT E AND AN EASTERLY EXTENSION THEREOF AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1650'15",A DISTANCE OF 493.83 FEET;THENCE SOUTH 27-20'01"EAST(DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD),A DISTANCE OF 60.48 FEET; THENCE SOUTH 3212'46"WEST,A DISTANCE OF 59.45 FEET;THENCE SOUTH 0110'21" WEST,A DISTANCE OF 36.31 FEET;THENCE SOUTH 1819'22"EAST,A DISTANCE OF 61.97 FEET;THENCE SOUTH 5116'20"EAST,A DISTANCE OF 63.39 FEET;THENCE SOUTH 6758'55"EAST,A DISTANCE OF 196.73 FEET;THENCE SOUTH 7903'27"EAST,A DISTANCE OF 64.97 FEET;THENCE NORTH 6339'33"EAST,A DISTANCE OF 91.62 FEET; THENCE SOUTH 8827'13"EAST,A DISTANCE OF 60.93 FEET;THENCE NORTH 87-35'30" EAST,A DISTANCE OF 78.26 FEET;THENCE NORTH 5949'02" EAST,A DISTANCE OF 60.71 FEET; THENCE NORTH 53--21'50"EAST,A DISTANCE OF 138.47 FEET;THENCE NORTH 3307'12" Page 16 of 17 86 uf 9;72 Book22771/Pagel 876 Page 17 of 18 EAST,A DISTANCE OF 18.99 FEET;THENCE NORTH 1018'56" WEST,A DISTANCE OF 41.37 FEET;THENCE NORTH 3711'04" WEST,A DISTANCE OF 42.62 FEET; THENCE NORTH 4624'56"WEST,A DISTANCE OF 68.74 FEET;THENCE NORTH 6659'36"WEST,A DISTANCE OF 2 5.11 FEET;THENCE NORTH 3942'05" WEST,A DISTANCE OF 68.92 FEET; THENCE CE H 336'25"WEST,A DISTANCE OF 44.89 FEET;THENCE NORTH 2808'17" WEST,A bf'SCE OF 69.51 FEET;THENCE NORTH 3550'47"WEST,A DISTANCE OF 133.92 FEET TO A .ON THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEWAY BOULEVARD, S UTHERLY RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT B, SAI TH LINE ALSO BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RAD �&OULEVARD 680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 4226'42" WEST; THENRTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEW AND ALONG SAID NORTH LINE OF TRACT B AND ALONG THE ARC OF S URVE THROUGH A CENTRAL ANGLE OF 047'12",A DISTANCE OF 23.07 FEET TO T INT OF TANGENCY;THENCE NORTH 4646'06"EAST CONTINUING ALONG THE SAID S GHT OF WAY LINE OF GATEWAY BOULEVARD AND SAID NORTH LINE OF TRA ,A DISTANCE OF 126.58 FEET;THENCE SOUTH 5404'05"EAST (DEPARTING FR AID SOUTH RIGHT OF WAY LINE AND SAID NORTH LINE OF TRACT B),A DISTANCE 152.06 FEET;THENCE SOUTH 5304'29"EAST,A DISTANCE OF 57.82 FEET; THENCE SO 3507'29"EAST,A DISTANCE OF 65.01 FEET;THENCE SOUTH 4330'50" EAST,A NCE OF 150.19 FEET;THENCE SOUTH 3059'27"EAST,A DISTANCE OF 33.97 FEET;THE OUTH 4313'54"EAST,A DISTANCE OF 121.93 FEET TO A POINT ON THE NORTHERLY SAID TRACT 101;THENCE SOUTH 4646'06" WEST ALONG SAID NORTHERLY LIN TANCE OF 22.84 FEET;THENCE SOUTH 4313'54"EAST ALONG THE SOUTHWES LINE OF SAID TRACT 101,A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNIN CONTAINING 7.605 A S,MORE OR LESS. 0 Q Page 17 of 17 Page 87 of-972 Book22771/Page 1877 Page 18 of 18 PAPA Banner Location Address "+`Tualclpalitw BOYNTON BEACH Parcel Control Nunber 08-43-45-16-29-026-0000 SuNfivision QUANTUM PK AT BOYNTON BCH PL 5 Official Records hook 22771 Page 1860 Sale Tate JUL-2008 Legal Description QUANTUM PK AT BOYNTON BCH PL 5TR Z Owners -- Mailing address QUANTUM PARK OVERLAY 2501 BURNS RD STE A DEPENDENT DISTRICT PALM BEACH GARDENS FL 33410 5207 Sales Price OR Sale'T'ype l timer Date BooldPage JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DISTRICT NOV- 11452/ QUANTUM COMMUNITY DEV 1999 $16,700 01911 QUITCLAIM DISTRICT Exe tion Applicant/Ow er star Detail QUANTUM PARK OVERLAY 2019 FULL.GOVT INDEPENDENT DISTS DEPENDENT DISTRICT *Total S�I�nare I u nber cif"Units 0 Peet 0 Acres 1.3730 9500- Zoning PID-Planued Industrial Ded(08- IJsa Cade RIVER/LAKES BOYNTON BEACH) Tax Year --20l8 2017 2016 Improvement Valu $0 $0 $0 Laud Valu $412 $412 $412 Total Market Valu $412 $412 $412 All values are as of January 1st each year 'T'ax Year 2018 2017 2016 Assessa,d Valu $412 $412 $412 E xemption Amount $412 $412 $412 'T'axable Valu $0 $0 $0'' Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0'' Total tax $0 $0 $0 Page 88 of 972 11111111111111111111112 h1ININ11111112 CPN 20080275719 OR BK 22771 PG 1860 WC-70 RECORDED 07/23/2008 15:55:23 THIS INSTRUMENT PREPARED BY AND RETURN TO: Palm Beach County, Florida BERNARD A.CONKO,ESQ. Sharon R. Bock,CLERK & COKPTROLLER COHEN,NORRIS,SCHERER,WEINBERGER&WOLMER PJB 1860 — 1877 (18pgo) 712 U.S. HWAY ONE, #400 NORT BEACH,FL 33408 Prope 1 Numbers:n/a Q SPECIAL WARRANTY DEED 0 THI CIAL WARRANTY DEED made this day of �� I� ,2008,between QUANTUM COMMUNI E ELOPMENT DISTRICT,an independent special district eated pursuant to Chapter ct c Florida Statutes,Grantor, ANTUM PARK OVERLAY DEPENDENT DISTRICT,a dependent special district created pursuant to Chapte lorida Statutes,whose post office address is 2501-A Burns Road,Palm Beach Gardens,Florida 33410,Grantee. WITNESSETH at said Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideratiO14 said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold t said Grantee,and Grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Bea ty,Florida,to-wit: See Exhibit A attaceto and incorporated herein by reference 0 SUBJECT to the reservati�is_ „fictions and easements of record and those set forth in the attached Exhibit B. TO HAVE AND TO HOLD ove granted,bargained and described premises in fee simple forever. And said Grantor does hereby fut the title to said land,and will defend the same against the lawful claims of I persons claiming by,through or the Grantor. IN W ESS WHE F,Grantor has here�(ur�� t Grantor's hand and seal the day and year first above written. Sign ,sealed and n the presence of- QUANJUM COM UNITY DEVELOPMENT DISTRICT TNESS /� � f rinted Name' By: f M.C.Fergu on,Chairman 2501-A Burns Road Palm Beach Gardens,Florida 33410 I SS �, / ne Printed Name:�i°t// /t� fi/ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged to me this_LL2008day of �U ` by M.C.Ferguson, Chairman,of QUANTUM COMMUNITY DEVELOPMENT DISTRICT ho is M ersonally wn to a or[ ]who has produced as identification. /`/� (SEAL) BERNARD A.CON a ub is VW noi# w rint Name: orw9,210 SMRES:July2o m Expire: I-WO-3NOMW PL NMry Db=m t Ateoa Co. Page 89 of 972 Book22771/Pagel 860 Page 1 of 18 EXHIBIT"A" LEGAL DESCRIPTION FOR REAL PROPERTY AND IMPROVEMENTS VLUANTUM BOULEVARD: O Pa ALL F jTCT"C"AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, F.I.D. O. 1-A,AS RECORDED IN PLAT BOOK 57,AT PAGES 180 AND 181,OF THE PUBLICORDS OF PALM BEACH COUNTY,FLORIDA. TOGETHE H: Parcel 2• ALL OF TRACT'V,AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO.1 A CORDED IN PLAT BOOK 57,AT PAGES 182 AND 183,OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: a Parcel 3• ALL OF TRACT"B",AS SHOTHE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2,AS RECO*BACIJ PLAT BOOK 57,AT PAGES 184 AND 185,OF THE PUBLIC RECORDS OF PALCOUNTY,FLORIDA. TOGETHER WITH: Q 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 PLAM 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 PLAM BEACH COUNTY,FLORIDA. Page 1 of 17 Page 90 of 972 Book22771/Pagel 861 Page 2 of 18 AND THE FOLLOWING FOR PARK RIDGE BOULEVARD: Parcel 6• A F TRACT"F",AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, LAT NO.4,AS RECORDED IN PLAT BOOK 57,AT PAGES 186, 187 AND 188,OF THE CCORDS OF PLAM BEACH COUNTY,FLORIDA. ANDviHnUOLLOWING FOR ALPHA DRIVE AND BETA DRIVE: Parcel 7..Q ✓ ALL OF T "A",TOGETHER WITH ALL OF TRACT"B',AS SHOWN ON THE PLAT, QUANTUM T BOYNTON BEACH,P.I.D.PLAT NO. 10,AS RECORDED IN PLAT BOOK 60,AT PA*GES , 5 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE FOLLOWYN6FOR HIGH RIDGE ROAD: Parcel 8• ALL OF TRACT"C",AS ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.P.PLAT NO. 6,AS REC IN PLAT BOOK 57,AT PAGES 191, 192 AND 193 OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: V Parcel 9• 0 ALL OF TRACT"C",AS SHOWN ON LAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO. 5,AS RECORDED BOOK 57,AT PAGES 189 AND 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNT A. 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 THE FOLLOWING TWO DESCRIBED PARCELS: 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. '/4)OF SAID SECTION 21, BOUNDED AS FOLLOWS: Page 2 of 17 Page 91 of 972 Book22771/Page 1862 Page 3 of 18 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- , AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN DEED RECORDED IN OFFICIAL RDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY; SOUTH: BY A LINE 367.49 FEET NORTH OF(AS MEASURED AT RIGHT ANGLES TPARALLEL WITH THE NORTH RIGHT-OF-WAY OF SAID BOYNTON CANAL,C-16; OMTEAST: BY A LINE 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) A RALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER (N.W. '/4) OF SAI CTION 21. IT IS INTETHAT THE NORTH LINE, THE EAST LINE AND THE SOUTH LINE OF THIS PARCEL BE MON LINE RESPECTIVELY TO: THE WESTERLYTENSION OF THE NORTH LINE, THE WEST LINE, AND THE WESTERLY EXTENSION OF SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE J. AND HARRIET GOTS AND DESCRIBED AS PARCEL"D" IN DEED RECORDED IN OFFICIAL RECORD BOOK 5139,rGE 0153. A PARCEL OF LAND si IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BE ATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40.00 FEET OF T RTHWEST ONE-QUARTER(N.W. 1/4)OF SAID SECTION 21, LYING NORTH OF THE N GHT-OF-WAY LINE OF THE BOYNTON CANAL (A PERPETUAL EASEMENT) 'CO BY THE CENTRAL AND SOUTHERN FLOOD CONTROL DISTRICT AS RECORDED IN O AL RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY, - kRED TH OF A LINE 367.49 FEET NORTH OF (AS MEASURED AT RIGHT ANGLESSAID NORTH RIGHT-OF-WAY LINE, SAID LINE ALSO BEING THE NORTH LINE OERTAIN PARCEL CONVERYED TO CURT G. JOA- INC., AS DESCRIBED IN A DEED IN OFFICIAL RECORDS BOOK 1711, PAGE 371 OF THE PUBLIC RECORDS OF SAID COUNTY. AND THE FOLLOWING FOR QUANTUM LANE: Parcel 12: ALL OF TRACT "A", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.9, AS RECORDED IN PLAT BOOK 60, AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. 1. QUANTUM BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR CONGRESS AVENUE, A PORTION OF TRACT "A", AS SHOWN ON SAID PLAT, QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO. 1-A. 2. PARK RIDGE BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR N.W. 22nD AVENUE, A PORTION OF TRACT "U", AS SHOWN ON SAID PLAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NOA. Page 3 of 17 Page 92 of 972 Book22771/Pagel 863 Page 4 of 18 AND THE FOLLOWING FOR TWO WETLAND CONSERVATION AREAS: Parcel 13• F TRACT "W", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, LAT NO.2, AS RECORDED IN PLAT BOOK 57,AT PAGES 184 AND 185 OF THE PUBLIC RIS OF PALM BEACH COUNTY,FLORIDA. TO R WITH: 0 Parcel ALL OFT T "T", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLA 3, AS RECORDED IN PLAT BOOK 60, AT PAGES 29, 30 AND 31 OF THE PUBLIC REC OF PALM BEACH COUNTY,FLORIDA. AND THE FOL G FOR TWO SAND PINE PRESERVES: Parcel 15: Q ALL OF LOT 93, ASON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS RECO JN PLAT BOOK 60, AT PAGES 29, 30, AND 31 OF THE PUBLIC RECORDS OF PALM BE � UNTY,FLORIDA. TOGETHER WITH: Parcel 16• ALL OF LOT 71,AS SHOWN ON T —LAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO.9,AS RECORDED IN PL OK 60,AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUN ORIDA. THE ABOVE DESCRIBED LANDS ARA�ATED IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. AND THE FOLLOWING WETLAND AREAS: Parcel 17: TRACT "A", (LAKE) AS SHOWN AS LOT 1-A 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,AND Parcel 18• TRACT"I", (LAKE)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,AND Parcel 19• TRACT "J", (DETENTION) AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3,AS RECORDED IN PLAT BOOK 60,AT PAGES 29, 30 AND 31,AND Page 4 of 17 Page 93 of 972 Book22771/Page1864 Page 5 of 18 Parcel 20• TRACT "K", (LAKE) AND TRACT "S" (LAKE) AS SHOWN AS LOT 1-A ON THE PLAT Q NTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.5,AS RECORDED IN PLAT BOOK 57, A GES 189 AND 190,AND 2 TRAM",(LAKE) AND TRACT"P"(LAKE)AND TRACT"Q"(LAKE)AS SHOWN AS LOT I- A O PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.6, AS RECORDED IN PLA OK 57,AT PAGES 191, 192 AND 193. ALL THEE DESCRIBED LANDS ARE SITUATED IN THE CITY OF BOYNTON BEACH, PALM BEA OUNTY,FLORIDA. TOGETHER WI: Parcel 22: Zs' TRI-RAIL ACCESS A PARCEL OF LANkSOUTHE SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 WEST, PALM BEACH COUNALSO BEING A PORTION OF TRACTS 90 AND 91 OF THE PLAT OF QUANTUM NTON BEACH, P.I.D. PLAT NO. 8, AS RECORDED IN PLAT BOOK 57, AT PAGESOF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,BEING MORLY DESCRIBED AS FOLLOWS: BEGINNING AT THEC ORNER OF SAID TRACT 90; THENCE SOUTH 86' 35' 25" WEST, ALONG THE SOUTH LIN TRACT, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 91, A DISTAN FEET; THENCE SOUTH 35° 46' 19" WEST, A DISTANCE OF 38.76 FEET TO A POHE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING AOF 566.00 FEET AND A CENTRAL ANGLE OF 100 08' 06" (A RADIAL LINE PASSING SAID POINT BEARS NORTH 740 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. 12 FOOT DRAINAGE EASEMENT ACROSS LOT#13 : Parcel 23: 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: Page 5 of 17 Page 94 of 972 Book22771/Pagel 865 Page 6 of 18 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 010 16' 01" EAST A DISTANCE OF 170.61 FEET; ffENORTH 75° 20' 02" WEST A DISTANCE OF 310.33 FEET TO A POINT LYING ON THE RLY LINE OF SAID LOT 13 AND THE WESTERLY TERMINUS OF THIS DESCRIPTION. i°Z"(LAKE): Parc"' : 0TRAC4 QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 5 ACCORDING TO THE PLAT T OF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAL CH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 57,PAGE 189. 20 FOOT D"AGE EASEMENT ACROSS LOT##32 33 &34: Parcel 25• A PORTION OF LOT02, 33, AND 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDINTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 29 THROUGH 31 OF T LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: U; �a A 20.00 FOOT STRIP OF OR A DRAINAGE EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING RIBED CENTERLINE: BEGIN AT THE NORTHWEST ER OF SAID LOT 33, THENCE N 69° 30' 00"E ALONG THE NORTHERLY LINE OF SAID LOM-1-36.50 FEET;THENCE S12° 50' 29"E, 193.21 FEET;THENCE S00° 23' 33"E, 121.20 FEET; THE 77° 22'23"E, 272.96 FEET; THENCE N52° 58'58"E, 115.12 FEET; THENCE N12° 44' 17"W, 16 FEET; THENCE N18° 38' 32"W, 149.34 FEET; THENCE N690 30' 00"E,39.54 FEET,ALONG ID NORTHERLY LINE OF LOT 33 TO THE POINT OF TERMINATION. 20 FOOT DRAINAGE EASEMENT ACROSS LOT##59&60: Parcel 26• A PARCEL OF LAND SITUATE IN SECTION 17,TOWNSHIP 45 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LOTS 59 AND 60, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, INCLUSIVE, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA, BEING A DRAINAGE AND LAKE ACCESS EASEMENT 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 59, THENCE SOUTHWESTERLY ALONG THE EAST RIGHT-OF-WAY OF QUANTUM LAKES DRIVE AS SHOWN IN SAID PLAT NO. 6, SOUTH 46° 06' 06" WEST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, SOUTH 43° 13' 54" EAST, A DISTANCE OF 47.18 FEET; THENCE SOUTH 02° 01' 42" WEST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 470 10' 42"EAST, A DISTANCE OF 140.17 FEET; THENCE NORTH 46°46' 06" Page 6 of 17 Page 95 of 972 Book22771/Pagel 866 Page 7 of 18 EAST,A DISTANCE OF 43.75 FEET; THENCE SOUTH 43° 13' 54"EAST,A DISTANCE OF 200.25 FEET TO THE TERMINUS OF THE CENTERLINE. TSIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR S TENED, AS NECESSARY, IN ORDER TO MAINTAIN CONTINUOUS STRIPS OF LAND .0 EET IN WIDTH, AND TO INTERSECT EXISTING EASEMENTS AND RIGHTS OF WAY O CgRD. LO -C: a Parcel LOT 34C, TUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3 ACCORDING TO THE PLAT THE CORDED IN PLAT BOOK 60,PAGE 29, PUBLIC RECORDS OF PALM BEACH COUNTY,FL TRACTS A-1,A-2j�-A,AND 16-A: Parcel 28• 0 D ALL OF TRACTS A-I A-2, AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT �S RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BE ,CQUNTY,FLORIDA. Parcel 29• ALL OF TRACTS 15-A AND 16SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 AS ORDED IN PLAT BOOK 57, PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH CO FLORIDA. IRRIGATION EASEMENT ACROS �jCT"E": Parcel 30: BEING A PORTION OF TRACT E, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6; THENCE NORTH 460 46' 06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E,A DISTANCE OF 70.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 430 13' 54"WEST, 100.00 FEET; THENCE NORTH 460 46' 06"EAST,32.00 FEET; THENCE SOUTH 230 13' 54"EAST, 84.00 FEET; Page 7 of 17 Ela e Q6 of 972 Book22771/Pagel 867 Page 8 of 18 THENCE NORTH 460 46'06" EAST, 233.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 430 13' 54"WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 9 . FEET,A CENTRAL ANGLE OF 30°46' 09",AN ARC DISTANCE OF 585.46 FEET; 0 T SOUTH 740 00' 03"EAST 16.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CUR ONCAVE TO THE NORTHWEST SAID POINT BEING THE NORTHWEST CORNER OF LOT 61SHOWN ON SAID PLAT (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 740005 ST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOT 61 AND LOT 60 AND ALO D CURVE HAVING A RADIUS OF 1106.19 FEET, A CENTRAL ANGLE OF 30° 46' 09",ANA TANCE OF 594.46 FEET TO THE POINT ON TANGENCY; THENCE SOUT46' 06"WEST 265.68 FEET TO THE POINT OF BEGINNING. CONTAINING 163X4.90 SQUARE FEET,MORE OR LESS. ACCESS EASEME ROSS LOT##59&60: Parcel 31: 0 A PORTION OF LOTS 59 , QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PL HEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, OF THE PU RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESC AS FOLLOWS: COMMENCING AT THE MOST NHWESTERLY CORNER OF LOT 59 LYING ON THE EAST RIGHT-OF-WAY LINE OF QUAN'' LAKES DRIVE, TRACT "E", ACCORDING TO SAID PLAT; ;z' THENCE SOUTH 460 46' 06" WEST G SAID EAST RIGHT-OF-WAY LINE AND WEST LINE OF LOT 59, A DISTANCE OF 36.81 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (SAID POINT BEARS SOUTH 590 54' 51" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 13° 12' 15", AN ARC DISTANCE OF 7.58 FEET TO A POINT OF TANGENCY; THENCE SOUTH 430 17' 24" EAST 26.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 12° 59' 29", AN ARC DISTANCE OF 41.95 FEET TO THE BEGGINNING OF A REVERSE CURVE CONCAVE TO SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 73.00 FEET, A CENTRAL ANGLE OF 23° 12' 35", AN ARC DISTANCE OF 29.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; Page 8 of 17 118 e 97 of 972 Book22771/Pagel 868 Page 9 of 18 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 540.77 FEET, A CENTRAL ANGLE OF 05° 22' 04", AN ARC DISTANCE OF 50.66 FEET TO THE jB INNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST; E SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 43.00 F 0 CENTRAL ANGLE OF 500 27' 48", AN ARC DISTANCE OF 37.87 FEET TO THE BE ING OF A REVERSE CURVE CONCAVE TO THE SOUTH; THENCE THEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 FEET, ENTRAL ANGLE OF 19° 24' 27", AN ARC DISTANCE OF 16.49 FEET TO THE BEGINNF A REVERSE CURVE CONCAVE TO THE NORTH; THENCE N ASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CE ANGLE OF 63°42' 47", AN ARC DISTANCE OF 20.02 FEET TO A POINT OF TANGENCY; THENCE NORTHVO 47' 30" EAST, 90.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE r1TH; THENCE NORTHEAOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS A CENTRAL ANGLE OF 90° 12' 52", AN ARC DISTANCE OF 65.20 FEET TO A ENCY; THENCE SOUTH 420',N8.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE THENCE SOUTHEAD_-NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 21.34 FEI CENTRAL ANGLE OF 890 51' 14", AN ARC DISTANCE OF 33.47 FEET TO A POINT OF TAi"CY; THENCE NORTH 470 09' 08"EAST, EET; THENCE SOUTH 430 17' 24"EAST, 125.63 FEET OF SAID POINT LYING ON THE EAST LINE OF SAID LOT 60; THENCE SOUTH 47° 13' 27"WEST ALONG THE EAST LINE OF SAID LOT 60,A DISTANCE OF 127.00 FEET; THENCE NORTH 420 46' 33"WEST, 12.00 FEET; THENCE NORTH 470 13' 27" EAST, 94.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90° 30' 51", AN ARC DISTANCE OF 31.60 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 64.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; Page 9 of 17 Page 98 of 972 Book22771/Pagel 869 Page 10 of 18 THENCE NORTHWESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5.00 FEET,A CENTRAL ANGLE OF 89° 33' 28",AN ARC DISTANCE OF 7.82 FEET TO A POINT OF TANGENCY; T CE SOUTH 470 09' 08"WEST, 242.60 FEET TO THE BEGINNING OF A TANGENT CURVE O VE TO THE NORTH; T 0 SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HA A RADIUS OF 45.34 FEET, A CENTRAL ANGLE OF 89° 51' 14", AN ARC DISTANCE OF 71.10�ffT TO A POINT OF TANGENCY; THENCE ORTH 420 59' 38" WEST, 18.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVHE SOUTH; THENCE SO STERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 17.41 FEET, A CENT ANGLE OF 900 12' 52",AN ARC DISTANCE OF 27.41 FEET TO A POINT OF TANGENCY; THENCE SOUTH 4"' 30" WEST, 91.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE HEAST; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CENTRAL A 620 49' 18", AN ARC DISTANCE OF 19.74 FEET TO THE BEGINNING OF A REVER VE CONCAVE TO THE NORTH; THENCE SOUTHWESTERLNORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 , A CENTRAL ANGLE OF 2020 36' 53", AN ARC DISTANCE OF 172.20 FEET TO THE B rING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALON� ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 49° ARC DISTANCE OF 21.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 43° 17' 24" WEST, 32.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 53.82 FEET, A CENTRAL ANGLE OF 17° 59' 59", AN ARC DISTANCE OF 16.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 62.34 FEET,A CENTRAL ANGLE OF 170 59' 59", AN ARC DISTANCE OF 19.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 85.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 240 41' 22",AN ARC DISTANCE OF 14.16 FEET TO A POINT OF NON-TANGENCY, SAID POINT LYING ON THE WEST LINE OF LOT 59 AND THE EAST RIGHT-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, (SAID POINT BEARS Page 10 of 17 Page 99 of 972 Book22771/Pagel 870 Page 11 of 18 NORTH 22° 01' 14" EAST FROM THE RADIUS POINT OF THE PREVIOUSLY DESCRIBED CURVE); T NCE NORTH 460 46' 06" EAST ALONG THE WEST LINE OF LOT 59 AND THE EAST RI T-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, 54.54 FEET TO THE OF BEGINNING. P LOTS 09 10&27 FOR QUANTUM BOULEVARD ROUNDABOUT: Parc_.._.. e 2:ro A POR& OF TRACT "B" AND LOTS 9 AND 10 OF "QUANTUM PARK AT BOYNTON BEACH, P.%APORTION T NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, 184 AND 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORtFLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 3", AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31,PALM H COUNTY RECORDS,FLORIDA,THENCE N.09°05' 43"E.,ALONG V THE WEST RIGHT-OF LINE OF QUANTUM BOULEVARD, FOR 53.84 FEET TO THE POINT OF BEGINNING, POINT "A'; THENCE N.39° 20' 38"W., FOR A DISTANCE OF 6.68 FEET; THENCE N.09° ,FOR A DISTANCE OF 73.87 FEET;THENCE N.56°29' 36"E., FOR A DISTANCE OF 6.79 TO POINT "B"; THENCE S.09° 05' 43"W., ALONG THE WEST RIGHT-OF-WAY LINE OF Q TUM BOULEVARD, FOR A DISTANCE OF 82.90 FEET TO SAID POINT"A",BEING THE POF BEGINNING. TOGETHER WITH, 0 COMMENCING AT SAID POINT "t-, NCE N.62° 46' 53"E., FOR A DISTANCE OF 124.10 FEET TO POINT "C", BEING THEF BEGINNING; THENCE S.40° 56' 24"E., FOR A DISTANCE OF 95.33 FEET; THEN05' 43"W., FOR A DISTANCE OF 108.00 FEET; THENCE S.590 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. DRAINAGE EASEMENT ACROSS LOT#90(TRI-RAIL) Parcel 33: 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" Page 11 of 17 Page 100 of 972 Book22771/Pagel 871 Page 12 of 18 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 210 24' 48" EAST, A DISTANCE OF 71.05 FEET; THENCE NORTH 88° 24' 22" WEST, A DI ANCE OF 253.38 FEET TO A POINT ON THE WEST LINE OF SAID LOT 90; THENCE 21° 57' 58" EAST ALONG SAID WEST LINE, A DISTANCE OF 26.67 FEET; THENCE 88° 24' 22" EAST, A DISTANCE OF 279.68 FEET; THENCE SOUTH 210 24' 48" WEST, A D CE OF 99.95 FEET; THENCE SOUTH 08° 33' 11" EAST, A DISTANCE OF 103.13 FEET; T SOUTH 030 27' 07" EAST, A DISTANCE OF 501.53 FEET TO THE POINT OF BEG G. �(n1. SURVEYOR'S NOTES: BEARINGS OWN HEREON ARE REFERENCED TO QUANTUM PARK AT BOYNTON BEACH, PIAT NO. 8, PLAT BOOK 57, PAES 196 AND 197, PUBLIC RECORDS OF PALM BEACH CO LORIDA, RESULTING IN A BEARING OF SOUTH 86° 35' 25" WEST ALONG THE SOUTH L OF LOT 90 AS SAME IS SHOWN ON SAID PLAT. ACCESS EASEMENT ACROSS PART OF TRACT"A" (CUL-DE-SAC): Parcel 34• A PORTION OF TRAC ' 'TOGETHER WITH A PORTION OF LOT 66, QUANTUM PARK AT BOYNTON BEACH, P.I. NO. 9, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60, PA OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICU Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTE ION OF THE CENTERLINE OF HIGH RIDGE ROAD (100 FOOT WIDE RIGHT OF WAY) TITHE CENTERLINE OF QUANTUM LANE (50 FOOT WIDE RIGHT OF WAY)AS SHOWN ON I PLAT; THENCE NORTH 750 49' 01"WEST, a G THE QUANTUM LANE CENTERLINE, 100.00 FEET TO THE BEGINNING OF A TANG' VE CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 916.51 FEET,A CENTRAL ANGLE OF 30°47' 10",AN ARC DISTANCE OF 492.46 FEET; THENCE SOUTH 490 15' 59"WEST, 5.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 49° 15' 59" WEST, 20.03 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 450 05' 01" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 51° 54' 11", AN ARC DISTANCE OF 22.65 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSED CURVE HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 38° 32' 44", AN ARC DISTANCE OF 40.36 FEET; Page 12 of 17 Page 101 of 972 Book22771/Pagel 872 Page 13 of 18 THENCE SOUTH 860 18' 57" WEST, 22.10 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 460 38' 02"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 E CENTRAL ANGLE OF 180 0V 42",AN ARC DISTANCE OF 23.60 FEET; T 0 NORTH 860 18' 57" EAST, 40.92 FEET TO A POINT ON THE ARC OF A NON- TAT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NWH 40°02' 57"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CL ANGLE OF 460 52' 08", AN ARC DISTANCE OF 35.72 FEET TO A POINT OF REVERSE TURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, A CENTRNGLE OF 53° 45' 48", AN ARC DISTANCE OF 42.23 FEET TO THE POINT INNING. OF BEGV LESS THE FOLLD ING: 0 PART OF PARK RIDGE VARD FOR SCHOOL: THAT PORTION OF PAR %BOYNTON BOULEVARD TRACT "F" OF QUANTUM PARK AT BEACH P.I.D. PL4, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK O IRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PL , 57, PAGE 186, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q BEGIN AT THE NORTHWEST CO F SAID LOT 53, THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID PARK 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 030 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 890 12' 52"FOR 835.80 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, SO10 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, N420 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 860 59' 23" FOR 966.78 FEET TO A POINT OF TANGENCY; THENCE N00° 02' 36"E Page 13 of 17 Book22771/Page 1873 Page 14 of 18 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 060 27' 17"FOR 636.77 FEET; CE DEPARTING SAID WESTERLY RIGHT-OF-WAY, N90° 00' 00"E FOR 100.62 FEET TO STERLY RIGHT-OF-WAY OF SAID PARK RIDGE BOULEVARD TRACT "F", BEING A C OCONCAVE TO THE WEST, HAVING A RADIUS OF 5752.40 FEET, WHERE THE LINE BEARS 5830 42' 03"W; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY A VE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 030 10' 44" FOR 319.17 FEET TO TIM WNT OF BEGINNING. LIFT ST�1N: THE LAND TIFIED AS THE "LIFT STATION" ON PAGE 2 OF THE PLAT OF QUANTUM PARK AT B N BEACH,P.I.D., PLAT NO. 5 RECORDED IN PLAT BOOK 57,PAGE 189 OF THE PUBLIC RDS OF PALM BEACH COUNTY,FLORIDA, SITUATE, LYING AND BEING IN PALM BEACFk�"TY,FLORIDA. PART OF TRACTS r`r '1 AND"O" (QUANTUM LAKES DRIVE &LAKE): D A PARCEL OF PROP BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNT ARIDA, BEING A REPLAT OF A PORTION OF TRACTS E AND Q, QUANTUM PARK AT N BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PA ACH COUNTY, FLORIDA, SHOWN HEREON AS "QUANTUM PARK AT BOYNTON B P.I.D. PLAT NO. 6 REPLAT NO. V BEING MORE PARTICULARLY DESCRIBE LLOWS: BEING A PORTION OF TRAC P :�f1ND Q, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, 191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICULARLY�CRIBED AS FOLLOWS: COMMENCING AT THE MOSTY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6, RUN THENCE 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E, A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID NORTHWESTERLY LINE OF LOT 60 AND SAID SOUTHEASTERLY LINE OF SAID TRACT E), A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF TRACT Q, AS SAME IS SHOWN ON SAID PLAT NO. 6: THENCE NORTH 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG SAID SOUTHEASTERLY LINE OF TRACT Q, A DISTANCE OF 85.86 FEET; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID SOUTHEASTERLY LINE OF TRACT Q),A DISTANCE OF 34.76 FEET;THENCE NORTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 95.49 FEET; THENCE NORTH 44 DEGREES 31 MINUTES 24 SECONDS EAST,A DISTANCE OF 143.54 FEET;THENCE NORTH 57 DEGREES 07 MINUTES 22 SECONDS EAST, A DISTANCE OF 59.93 FEET; THENCE NORTH 35 DEGREES 05 MINUTES 07 SECONDS EAST, A DISTANCE OF 48.60 FEET; THENCE NORTH 25 DEGREES 24 MINUTES 11 SECONDS EAST, A DISTANCE OF 48.26 FEET; THENCE NORTH 33 DEGREES 26 MINUTES 59 SECONDS EAST, A DISTANCE OF 87.46 FEET; THENCE NORTH 38 DEGREES 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 97.65 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 25 SECONDS EAST, A DISTANCE OF 140.69 FEET; THENCE NORTH02 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 33.53 FEET; THENCE NORTH 08 DEGREES 18 MINUTES 59 SECONDS EAST,A DISTANCE OF 124.56 FEET; THENCE NORTH 15 Page 14 of 17 Page- Book22771/Page1874 Page 15 of 18 DEGREES 13 MINUTES 07 SECONDS EAST, A DISTANCE OF 112.61 FEET; THENCE NORTH 20 DEGREES 49 MINUTES 41 SECONDS WEST,A DISTANCE OF 62.02 FEET; THENCE NORTH 52 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 22.22 FEET; THENCE NORTH 57 DI3qREES 45 MINUTES 47 SECONDS WEST, A DISTANCE OF 132.16 FEET TO THE POINT ON JO CONCAVE TO THE SOUTH HAVING A RADIUS OF 1583.02 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29 DEGREES 32 MINUTES 57 SECONDS THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A L ANGLE OF 21 DEGREES 29 MINUTES 20 SECONDS, A DISTANCE OF 593.71 FEET INT ON THE EAST LINE OF SAID TRACT E, SAID EAST LINE BEING A CURVE CONC��EGREES OUTHEASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUT 03 MINUTES 37 SECONDS EAST); THENCE SOUTHWESTERLY ALONG SAID E OF TRACT E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRALOF 81 DEGREES 48 MINUTES 48 SECONDS A DISTANCE OF 439.28 FEET TO A POINVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS19 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH ANGLE OF 46 DEGREES 38 MINUTES 30 SECONDS, A DISTANCE OF 900.50 FEET TOOINT OF TANGENCY; THENCE SOUTH 46 DEGREES 46 MINUTES 46 SECONDS WEST, DISTANCE OF 321.40 FEET TO THE POINT OF BEGINNING. PART OF TRACT " LANES- UANTUM BOULEVARD): A PORTION OF TRAC i QF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, ACCORDING TO THE P REOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND 185 OF THE PUBLIC S OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIB FOLLOWS: BEGINNING AT THE SOUTH�ORNER OF LOT 24 OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS ED IN PLAT BOOK 60,PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORDS, FL A; THENCE S12' 34' 13"W, ALONG THE WEST RIGHT- OF-WAY LINE OF QUANTUM BO ARD, FOR 133.91 FEET; THENCE S77° 25' 47"E, FOR 50.00 FEET (THE NEXT 3 COU EING ALONG THE CENTERLINE OF QUANTUM BOULEVARD); THENCE N12° 34' 1 ' R 276.91 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; T NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6937.50 FEET AND A CENTRAL ANGLE OF 030 28' 30", FOR 420.76 FEET TO A POINT OF TANGENCY; THENCE N09° 05' 43"E, FOR 9.51 FEET TO POINT "A'; THENCE N390 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 030 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 580 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 Page 15 of 17 e4 of 972 Book22771/Pagel 875 Page 16 of 18 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; =N56-29' 36"E,FOR 67.93 FEET TO POINT"B",BEING THE POINT OF BEGINNING. "A"(QUANTUM LANE),: Q ALTRACT"A" QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 9, PLAT BOOK 60,WS 32-33 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID" PARTS T CTS"E" "B" "P"AND" "(QUANTUM LAKES DRIVEQUANTUM BOULEV WATER MANAGEMENT LAKES BEIN RTION OF TRACT E,A PORTION OF TRACT B,A PORTION OF WATER MANAGEMEN T CT P AND A PORTION OF WATER MANAGEMENT TRACT Q, QUANTUM PARK AT BOYN BEACH,P.I.D. PLAT NO. 6,PLAT BOOK 57,PAGES 191 THROUGH 193, PUBLIC RECORD`S�OF PALM BEACH COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: BEGINNING E MOST SOUTHERLY CORNER OF TRACT 101,QUANTUM PARK AT BOYNTON BEAC PLAT NO. 6,REPLAT NO. 1,PLAT BOOK 94,PAGES 176 THROUGH 177,PUBLI ARDS OF PALM BEACH COUNTY,FLORIDA, RUN THENCE SOUTH 4646'06" WEST THE SOUTHERLY LINE OF SAID TRACT E,A DISTANCE OF 234.56 FEET TO THE PO URVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 67 ET;THENCE SOUTHWESTERLY CONTINUING ALONG THE SAID SOUTHERLY LINE OF E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4500'0 ' STANCE OF 528.20 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CO E TO THE NORTH HAVING A RADIUS OF 600.00 FEET; THENCE WESTERLY ALONG T C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4618'32",A DISTANCE OF 484.95 A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVIN IUS OF 370.39 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE GH A CENTRAL ANGLE OF 5810'10",A DISTANCE OF 376.04 FEET TO THE ORTHERLY CORNER OF LOT 52,QUANTUM PARK AT BOYNTON BEACH P.I.D.,PLAT NO. 5,PLAT BOOK 57,PAGES 189 THROUGH 190, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA;THENCE NORTH 3557'52"EAST,A DISTANCE OF 1.45 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD, SAID SOUTH RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT E, SAID NORTH LINE ALSO BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 0948'51"WEST; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF TRACT E AND AN EASTERLY EXTENSION THEREOF AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1650'15",A DISTANCE OF 493.83 FEET;THENCE SOUTH 27-20'01"EAST(DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD),A DISTANCE OF 60.48 FEET; THENCE SOUTH 3212'46"WEST,A DISTANCE OF 59.45 FEET;THENCE SOUTH 0110'21" WEST,A DISTANCE OF 36.31 FEET;THENCE SOUTH 1819'22"EAST,A DISTANCE OF 61.97 FEET;THENCE SOUTH 5116'20"EAST,A DISTANCE OF 63.39 FEET;THENCE SOUTH 6758'55"EAST,A DISTANCE OF 196.73 FEET;THENCE SOUTH 7903'27"EAST,A DISTANCE OF 64.97 FEET;THENCE NORTH 6339'33"EAST,A DISTANCE OF 91.62 FEET; THENCE SOUTH 8827'13"EAST,A DISTANCE OF 60.93 FEET;THENCE NORTH 87-35'30" EAST,A DISTANCE OF 78.26 FEET;THENCE NORTH 5949'02" EAST,A DISTANCE OF 60.71 FEET; THENCE NORTH 53--21'50"EAST,A DISTANCE OF 138.47 FEET;THENCE NORTH 3307'12" Page 16 of 17 Book22771/Pagel 876 Page 17 of 18 EAST,A DISTANCE OF 18.99 FEET;THENCE NORTH 1018'56" WEST,A DISTANCE OF 41.37 FEET;THENCE NORTH 3711'04" WEST,A DISTANCE OF 42.62 FEET; THENCE NORTH 4624'56"WEST,A DISTANCE OF 68.74 FEET;THENCE NORTH 6659'36"WEST,A DISTANCE OF 2 5.11 FEET;THENCE NORTH 3942'05" WEST,A DISTANCE OF 68.92 FEET; THENCE CE H 336'25"WEST,A DISTANCE OF 44.89 FEET;THENCE NORTH 2808'17" WEST,A bf'SCE OF 69.51 FEET;THENCE NORTH 3550'47"WEST,A DISTANCE OF 133.92 FEET TO A .ON THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEWAY BOULEVARD, S UTHERLY RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT B, SAI TH LINE ALSO BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RAD �&OULEVARD 680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 4226'42" WEST; THENRTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEW AND ALONG SAID NORTH LINE OF TRACT B AND ALONG THE ARC OF S URVE THROUGH A CENTRAL ANGLE OF 047'12",A DISTANCE OF 23.07 FEET TO T INT OF TANGENCY;THENCE NORTH 4646'06"EAST CONTINUING ALONG THE SAID S GHT OF WAY LINE OF GATEWAY BOULEVARD AND SAID NORTH LINE OF TRA ,A DISTANCE OF 126.58 FEET;THENCE SOUTH 5404'05"EAST (DEPARTING FR AID SOUTH RIGHT OF WAY LINE AND SAID NORTH LINE OF TRACT B),A DISTANCE 152.06 FEET;THENCE SOUTH 5304'29"EAST,A DISTANCE OF 57.82 FEET; THENCE SO 3507'29"EAST,A DISTANCE OF 65.01 FEET;THENCE SOUTH 4330'50" EAST,A NCE OF 150.19 FEET;THENCE SOUTH 3059'27"EAST,A DISTANCE OF 33.97 FEET;THE OUTH 4313'54"EAST,A DISTANCE OF 121.93 FEET TO A POINT ON THE NORTHERLY SAID TRACT 101;THENCE SOUTH 4646'06" WEST ALONG SAID NORTHERLY LIN TANCE OF 22.84 FEET;THENCE SOUTH 4313'54"EAST ALONG THE SOUTHWES LINE OF SAID TRACT 101,A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNIN CONTAINING 7.605 A S,MORE OR LESS. 0 Q Page 17 of 17 Page 106 sf-972— Book22771/Page 1877 Page 18 of 18 PAPA Barmer Location Address 2700 QUANTUM LAKES DR Municipality BOYNTON BEACH Parcel Control Iuur 08-43-45-16-30-001-0010 SuNfivision QUANTUM PK AT BOYNTON BCH PL 6 Official Records Boob 22771 Page 1860 Sala:Rate JUL-2008 Le-gal Description QUANTUM PK AT BOYNTON BCH PL 6 TRS A-1 &A-2 A/K/A ESMT TRS Owners -- Mailing address QUANTUM PARK OVERLAY 2501 BURNS RD STE A DEPENDENT DISTRICT PALM BEACH GARDENS FL 33410 5207 Sales Rate Price 13001 R Sale Type Owner JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DISTRICT APR $1 13650/ WARRANTY QUANTUM COMMUNITY DEV DIST 2002 00052 DEED F.xc tion Applicant/Own:r star Detail QUANTUM PARK OVERLAY 2019 FULL.GOVT INDEPENDENT DISTS DEPENDENT DISTRICT I u nber of Units *Total Square Feet 0 Acres 3.3544 Use Code 9500-RIVER/LAKES zoning- Tax Year 2018 2017 2016 Improvement Vahan $0 $0 $0 Land Vahan $1,006 $1,006 $1,006 Total Market Value $1,006 $1,006 $1,006 All values are as of January 1 st each year 'T'ax Year 2018 2017 2016 Assessed Vahan $1,006 $1,006 $1,006'' E xemption Amount $1,006 $1,006 $1,006 'T'axable Vahan $0 $0 $0 Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0'' Nora Ad Valorem $0 $0 $0 'T'otal tax $0 $0 $0''' Page 107 of 972 11111111111111111111112 h1ININ11111112 CPN 20080275719 OR BK 22771 PG 1860 WC-70 RECORDED 07/23/2008 15:55:23 THIS INSTRUMENT PREPARED BY AND RETURN TO: Palm Beach County, Florida BERNARD A.CONKO,ESQ. Sharon R. Bock,CLERK & COKPTROLLER COHEN,NORRIS,SCHERER,WEINBERGER&WOLMER PJB 1860 — 1877 (18pgo) 712 U.S. HWAY ONE, #400 NORT BEACH,FL 33408 Prope 1 Numbers:n/a Q SPECIAL WARRANTY DEED 0 THI CIAL WARRANTY DEED made this day of �� I� ,2008,between QUANTUM COMMUNI E ELOPMENT DISTRICT,an independent special district eated pursuant to Chapter ct c Florida Statutes,Grantor, ANTUM PARK OVERLAY DEPENDENT DISTRICT,a dependent special district created pursuant to Chapte lorida Statutes,whose post office address is 2501-A Burns Road,Palm Beach Gardens,Florida 33410,Grantee. WITNESSETH at said Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideratiO14 said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold t said Grantee,and Grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Bea ty,Florida,to-wit: See Exhibit A attaceto and incorporated herein by reference 0 SUBJECT to the reservati�is_ „fictions and easements of record and those set forth in the attached Exhibit B. TO HAVE AND TO HOLD ove granted,bargained and described premises in fee simple forever. And said Grantor does hereby fut the title to said land,and will defend the same against the lawful claims of I persons claiming by,through or the Grantor. IN W ESS WHE F,Grantor has here�(ur�� t Grantor's hand and seal the day and year first above written. Sign ,sealed and n the presence of- QUANJUM COM UNITY DEVELOPMENT DISTRICT TNESS /� � f rinted Name' By: f M.C.Fergu on,Chairman 2501-A Burns Road Palm Beach Gardens,Florida 33410 I SS �, / ne Printed Name:�i°t// /t� fi/ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged to me this_LL2008day of �U ` by M.C.Ferguson, Chairman,of QUANTUM COMMUNITY DEVELOPMENT DISTRICT ho is M ersonally wn to a or[ ]who has produced as identification. /`/� (SEAL) BERNARD A.CON a ub is VW noi# w rint Name: orw9,210 SMRES:July2o m Expire: I-WO-3NOMW PL NMry Db=m t Ateoa Co. Page 108 of 972 Book22771/Pagel 860 Page 1 of 18 EXHIBIT"A" LEGAL DESCRIPTION FOR REAL PROPERTY AND IMPROVEMENTS VLUANTUM BOULEVARD: O Pa ALL F jTCT"C"AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, F.I.D. O. 1-A,AS RECORDED IN PLAT BOOK 57,AT PAGES 180 AND 181,OF THE PUBLICORDS OF PALM BEACH COUNTY,FLORIDA. TOGETHE H: Parcel 2• ALL OF TRACT'V,AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO.1 A CORDED IN PLAT BOOK 57,AT PAGES 182 AND 183,OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: a Parcel 3• ALL OF TRACT"B",AS SHOTHE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2,AS RECO*BACIJ PLAT BOOK 57,AT PAGES 184 AND 185,OF THE PUBLIC RECORDS OF PALCOUNTY,FLORIDA. TOGETHER WITH: Q 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 PLAM 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 PLAM BEACH COUNTY,FLORIDA. Page 1 of 17 Page 109 of 972 Book22771/Pagel 861 Page 2 of 18 AND THE FOLLOWING FOR PARK RIDGE BOULEVARD: Parcel 6• A F TRACT"F",AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, LAT NO.4,AS RECORDED IN PLAT BOOK 57,AT PAGES 186, 187 AND 188,OF THE CCORDS OF PLAM BEACH COUNTY,FLORIDA. ANDviHnUOLLOWING FOR ALPHA DRIVE AND BETA DRIVE: Parcel 7..Q ✓ ALL OF T "A",TOGETHER WITH ALL OF TRACT"B',AS SHOWN ON THE PLAT, QUANTUM T BOYNTON BEACH,P.I.D.PLAT NO. 10,AS RECORDED IN PLAT BOOK 60,AT PA*GES , 5 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE FOLLOWYN6FOR HIGH RIDGE ROAD: Parcel 8• ALL OF TRACT"C",AS ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.P.PLAT NO. 6,AS REC IN PLAT BOOK 57,AT PAGES 191, 192 AND 193 OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: V Parcel 9• 0 ALL OF TRACT"C",AS SHOWN ON LAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO. 5,AS RECORDED BOOK 57,AT PAGES 189 AND 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNT A. 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 THE FOLLOWING TWO DESCRIBED PARCELS: 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. '/4)OF SAID SECTION 21, BOUNDED AS FOLLOWS: Page 2 of 17 Page 110 of 972 Book22771/Page 1862 Page 3 of 18 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- , AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN DEED RECORDED IN OFFICIAL RDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY; SOUTH: BY A LINE 367.49 FEET NORTH OF(AS MEASURED AT RIGHT ANGLES TPARALLEL WITH THE NORTH RIGHT-OF-WAY OF SAID BOYNTON CANAL,C-16; OMTEAST: BY A LINE 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) A RALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER (N.W. '/4) OF SAI CTION 21. IT IS INTETHAT THE NORTH LINE, THE EAST LINE AND THE SOUTH LINE OF THIS PARCEL BE MON LINE RESPECTIVELY TO: THE WESTERLYTENSION OF THE NORTH LINE, THE WEST LINE, AND THE WESTERLY EXTENSION OF SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE J. AND HARRIET GOTS AND DESCRIBED AS PARCEL"D" IN DEED RECORDED IN OFFICIAL RECORD BOOK 5139,rGE 0153. A PARCEL OF LAND si IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BE ATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40.00 FEET OF T RTHWEST ONE-QUARTER(N.W. 1/4)OF SAID SECTION 21, LYING NORTH OF THE N GHT-OF-WAY LINE OF THE BOYNTON CANAL (A PERPETUAL EASEMENT) 'CO BY THE CENTRAL AND SOUTHERN FLOOD CONTROL DISTRICT AS RECORDED IN O AL RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY, - kRED TH OF A LINE 367.49 FEET NORTH OF (AS MEASURED AT RIGHT ANGLESSAID NORTH RIGHT-OF-WAY LINE, SAID LINE ALSO BEING THE NORTH LINE OERTAIN PARCEL CONVERYED TO CURT G. JOA- INC., AS DESCRIBED IN A DEED IN OFFICIAL RECORDS BOOK 1711, PAGE 371 OF THE PUBLIC RECORDS OF SAID COUNTY. AND THE FOLLOWING FOR QUANTUM LANE: Parcel 12: ALL OF TRACT "A", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.9, AS RECORDED IN PLAT BOOK 60, AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. 1. QUANTUM BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR CONGRESS AVENUE, A PORTION OF TRACT "A", AS SHOWN ON SAID PLAT, QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO. 1-A. 2. PARK RIDGE BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR N.W. 22nD AVENUE, A PORTION OF TRACT "U", AS SHOWN ON SAID PLAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NOA. Page 3 of 17 Page 111 of 972 Book22771/Pagel 863 Page 4 of 18 AND THE FOLLOWING FOR TWO WETLAND CONSERVATION AREAS: Parcel 13• F TRACT "W", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, LAT NO.2, AS RECORDED IN PLAT BOOK 57,AT PAGES 184 AND 185 OF THE PUBLIC RIS OF PALM BEACH COUNTY,FLORIDA. TO R WITH: 0 Parcel ALL OFT T "T", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLA 3, AS RECORDED IN PLAT BOOK 60, AT PAGES 29, 30 AND 31 OF THE PUBLIC REC OF PALM BEACH COUNTY,FLORIDA. AND THE FOL G FOR TWO SAND PINE PRESERVES: Parcel 15: Q ALL OF LOT 93, ASON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS RECO JN PLAT BOOK 60, AT PAGES 29, 30, AND 31 OF THE PUBLIC RECORDS OF PALM BE � UNTY,FLORIDA. TOGETHER WITH: Parcel 16• ALL OF LOT 71,AS SHOWN ON T —LAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO.9,AS RECORDED IN PL OK 60,AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUN ORIDA. THE ABOVE DESCRIBED LANDS ARA�ATED IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. AND THE FOLLOWING WETLAND AREAS: Parcel 17: TRACT "A", (LAKE) AS SHOWN AS LOT 1-A 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,AND Parcel 18• TRACT"I", (LAKE)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,AND Parcel 19• TRACT "J", (DETENTION) AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3,AS RECORDED IN PLAT BOOK 60,AT PAGES 29, 30 AND 31,AND Page 4 of 17 Page 112 of 972 Book22771/Page1864 Page 5 of 18 Parcel 20• TRACT "K", (LAKE) AND TRACT "S" (LAKE) AS SHOWN AS LOT 1-A ON THE PLAT Q NTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.5,AS RECORDED IN PLAT BOOK 57, A GES 189 AND 190,AND 2 TRAM",(LAKE) AND TRACT"P"(LAKE)AND TRACT"Q"(LAKE)AS SHOWN AS LOT I- A O PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.6, AS RECORDED IN PLA OK 57,AT PAGES 191, 192 AND 193. ALL THEE DESCRIBED LANDS ARE SITUATED IN THE CITY OF BOYNTON BEACH, PALM BEA OUNTY,FLORIDA. TOGETHER WI: Parcel 22: Zs' TRI-RAIL ACCESS A PARCEL OF LANkSOUTHE SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 WEST, PALM BEACH COUNALSO BEING A PORTION OF TRACTS 90 AND 91 OF THE PLAT OF QUANTUM NTON BEACH, P.I.D. PLAT NO. 8, AS RECORDED IN PLAT BOOK 57, AT PAGESOF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,BEING MORLY DESCRIBED AS FOLLOWS: BEGINNING AT THEC ORNER OF SAID TRACT 90; THENCE SOUTH 86' 35' 25" WEST, ALONG THE SOUTH LIN TRACT, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 91, A DISTAN FEET; THENCE SOUTH 35° 46' 19" WEST, A DISTANCE OF 38.76 FEET TO A POHE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING AOF 566.00 FEET AND A CENTRAL ANGLE OF 100 08' 06" (A RADIAL LINE PASSING SAID POINT BEARS NORTH 740 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. 12 FOOT DRAINAGE EASEMENT ACROSS LOT#13 : Parcel 23: 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: Page 5 of 17 Page 113 of 972 Book22771/Pagel 865 Page 6 of 18 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 010 16' 01" EAST A DISTANCE OF 170.61 FEET; ffENORTH 75° 20' 02" WEST A DISTANCE OF 310.33 FEET TO A POINT LYING ON THE RLY LINE OF SAID LOT 13 AND THE WESTERLY TERMINUS OF THIS DESCRIPTION. i°Z"(LAKE): Parc"' : 0TRAC4 QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 5 ACCORDING TO THE PLAT T OF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAL CH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 57,PAGE 189. 20 FOOT D"AGE EASEMENT ACROSS LOT##32 33 &34: Parcel 25• A PORTION OF LOT02, 33, AND 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDINTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 29 THROUGH 31 OF T LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: U; �a A 20.00 FOOT STRIP OF OR A DRAINAGE EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING RIBED CENTERLINE: BEGIN AT THE NORTHWEST ER OF SAID LOT 33, THENCE N 69° 30' 00"E ALONG THE NORTHERLY LINE OF SAID LOM-1-36.50 FEET;THENCE S12° 50' 29"E, 193.21 FEET;THENCE S00° 23' 33"E, 121.20 FEET; THE 77° 22'23"E, 272.96 FEET; THENCE N52° 58'58"E, 115.12 FEET; THENCE N12° 44' 17"W, 16 FEET; THENCE N18° 38' 32"W, 149.34 FEET; THENCE N690 30' 00"E,39.54 FEET,ALONG ID NORTHERLY LINE OF LOT 33 TO THE POINT OF TERMINATION. 20 FOOT DRAINAGE EASEMENT ACROSS LOT##59&60: Parcel 26• A PARCEL OF LAND SITUATE IN SECTION 17,TOWNSHIP 45 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LOTS 59 AND 60, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, INCLUSIVE, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA, BEING A DRAINAGE AND LAKE ACCESS EASEMENT 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 59, THENCE SOUTHWESTERLY ALONG THE EAST RIGHT-OF-WAY OF QUANTUM LAKES DRIVE AS SHOWN IN SAID PLAT NO. 6, SOUTH 46° 06' 06" WEST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, SOUTH 43° 13' 54" EAST, A DISTANCE OF 47.18 FEET; THENCE SOUTH 02° 01' 42" WEST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 470 10' 42"EAST, A DISTANCE OF 140.17 FEET; THENCE NORTH 46°46' 06" Page 6 of 17 Page 114 of 972 Book22771/Pagel 866 Page 7 of 18 EAST,A DISTANCE OF 43.75 FEET; THENCE SOUTH 43° 13' 54"EAST,A DISTANCE OF 200.25 FEET TO THE TERMINUS OF THE CENTERLINE. TSIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR S TENED, AS NECESSARY, IN ORDER TO MAINTAIN CONTINUOUS STRIPS OF LAND .0 EET IN WIDTH, AND TO INTERSECT EXISTING EASEMENTS AND RIGHTS OF WAY O CgRD. LO -C: a Parcel LOT 34C, TUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3 ACCORDING TO THE PLAT THE CORDED IN PLAT BOOK 60,PAGE 29, PUBLIC RECORDS OF PALM BEACH COUNTY,FL TRACTS A-1,A-2j�-A,AND 16-A: Parcel 28• 0 D ALL OF TRACTS A-I A-2, AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT �S RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BE ,CQUNTY,FLORIDA. Parcel 29• ALL OF TRACTS 15-A AND 16SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 AS ORDED IN PLAT BOOK 57, PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH CO FLORIDA. IRRIGATION EASEMENT ACROS �jCT"E": Parcel 30: BEING A PORTION OF TRACT E, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6; THENCE NORTH 460 46' 06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E,A DISTANCE OF 70.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 430 13' 54"WEST, 100.00 FEET; THENCE NORTH 460 46' 06"EAST,32.00 FEET; THENCE SOUTH 230 13' 54"EAST, 84.00 FEET; Page 7 of 17 Ela e 4 15 of 972 Book22771/Pagel 867 Page 8 of 18 THENCE NORTH 460 46'06" EAST, 233.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 430 13' 54"WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 9 . FEET,A CENTRAL ANGLE OF 30°46' 09",AN ARC DISTANCE OF 585.46 FEET; 0 T SOUTH 740 00' 03"EAST 16.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CUR ONCAVE TO THE NORTHWEST SAID POINT BEING THE NORTHWEST CORNER OF LOT 61SHOWN ON SAID PLAT (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 740005 ST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOT 61 AND LOT 60 AND ALO D CURVE HAVING A RADIUS OF 1106.19 FEET, A CENTRAL ANGLE OF 30° 46' 09",ANA TANCE OF 594.46 FEET TO THE POINT ON TANGENCY; THENCE SOUT46' 06"WEST 265.68 FEET TO THE POINT OF BEGINNING. CONTAINING 163X4.90 SQUARE FEET,MORE OR LESS. ACCESS EASEME ROSS LOT##59&60: Parcel 31: 0 A PORTION OF LOTS 59 , QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PL HEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, OF THE PU RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESC AS FOLLOWS: COMMENCING AT THE MOST NHWESTERLY CORNER OF LOT 59 LYING ON THE EAST RIGHT-OF-WAY LINE OF QUAN'' LAKES DRIVE, TRACT "E", ACCORDING TO SAID PLAT; ;z' THENCE SOUTH 460 46' 06" WEST G SAID EAST RIGHT-OF-WAY LINE AND WEST LINE OF LOT 59, A DISTANCE OF 36.81 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (SAID POINT BEARS SOUTH 590 54' 51" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 13° 12' 15", AN ARC DISTANCE OF 7.58 FEET TO A POINT OF TANGENCY; THENCE SOUTH 430 17' 24" EAST 26.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 12° 59' 29", AN ARC DISTANCE OF 41.95 FEET TO THE BEGGINNING OF A REVERSE CURVE CONCAVE TO SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 73.00 FEET, A CENTRAL ANGLE OF 23° 12' 35", AN ARC DISTANCE OF 29.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; Page 8 of 17 118 e i 16 of 972 Book22771/Pagel 868 Page 9 of 18 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 540.77 FEET, A CENTRAL ANGLE OF 05° 22' 04", AN ARC DISTANCE OF 50.66 FEET TO THE jB INNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST; E SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 43.00 F 0 CENTRAL ANGLE OF 500 27' 48", AN ARC DISTANCE OF 37.87 FEET TO THE BE ING OF A REVERSE CURVE CONCAVE TO THE SOUTH; THENCE THEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 FEET, ENTRAL ANGLE OF 19° 24' 27", AN ARC DISTANCE OF 16.49 FEET TO THE BEGINNF A REVERSE CURVE CONCAVE TO THE NORTH; THENCE N ASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CE ANGLE OF 63°42' 47", AN ARC DISTANCE OF 20.02 FEET TO A POINT OF TANGENCY; THENCE NORTHVO 47' 30" EAST, 90.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE r1TH; THENCE NORTHEAOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS A CENTRAL ANGLE OF 90° 12' 52", AN ARC DISTANCE OF 65.20 FEET TO A ENCY; THENCE SOUTH 420',N8.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE THENCE SOUTHEAD_-NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 21.34 FEI CENTRAL ANGLE OF 890 51' 14", AN ARC DISTANCE OF 33.47 FEET TO A POINT OF TAi"CY; THENCE NORTH 470 09' 08"EAST, EET; THENCE SOUTH 430 17' 24"EAST, 125.63 FEET OF SAID POINT LYING ON THE EAST LINE OF SAID LOT 60; THENCE SOUTH 47° 13' 27"WEST ALONG THE EAST LINE OF SAID LOT 60,A DISTANCE OF 127.00 FEET; THENCE NORTH 420 46' 33"WEST, 12.00 FEET; THENCE NORTH 470 13' 27" EAST, 94.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90° 30' 51", AN ARC DISTANCE OF 31.60 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 64.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; Page 9 of 17 Page 117 of 972 Book22771/Pagel 869 Page 10 of 18 THENCE NORTHWESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5.00 FEET,A CENTRAL ANGLE OF 89° 33' 28",AN ARC DISTANCE OF 7.82 FEET TO A POINT OF TANGENCY; T CE SOUTH 470 09' 08"WEST, 242.60 FEET TO THE BEGINNING OF A TANGENT CURVE O VE TO THE NORTH; T 0 SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HA A RADIUS OF 45.34 FEET, A CENTRAL ANGLE OF 89° 51' 14", AN ARC DISTANCE OF 71.10�ffT TO A POINT OF TANGENCY; THENCE ORTH 420 59' 38" WEST, 18.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVHE SOUTH; THENCE SO STERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 17.41 FEET, A CENT ANGLE OF 900 12' 52",AN ARC DISTANCE OF 27.41 FEET TO A POINT OF TANGENCY; THENCE SOUTH 4"' 30" WEST, 91.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE HEAST; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CENTRAL A 620 49' 18", AN ARC DISTANCE OF 19.74 FEET TO THE BEGINNING OF A REVER VE CONCAVE TO THE NORTH; THENCE SOUTHWESTERLNORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 , A CENTRAL ANGLE OF 2020 36' 53", AN ARC DISTANCE OF 172.20 FEET TO THE B rING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALON� ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 49° ARC DISTANCE OF 21.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 43° 17' 24" WEST, 32.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 53.82 FEET, A CENTRAL ANGLE OF 17° 59' 59", AN ARC DISTANCE OF 16.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 62.34 FEET,A CENTRAL ANGLE OF 170 59' 59", AN ARC DISTANCE OF 19.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 85.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 240 41' 22",AN ARC DISTANCE OF 14.16 FEET TO A POINT OF NON-TANGENCY, SAID POINT LYING ON THE WEST LINE OF LOT 59 AND THE EAST RIGHT-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, (SAID POINT BEARS Page 10 of 17 Page 118 of 972 Book22771/Pagel 870 Page 11 of 18 NORTH 22° 01' 14" EAST FROM THE RADIUS POINT OF THE PREVIOUSLY DESCRIBED CURVE); T NCE NORTH 460 46' 06" EAST ALONG THE WEST LINE OF LOT 59 AND THE EAST RI T-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, 54.54 FEET TO THE OF BEGINNING. P LOTS 09 10&27 FOR QUANTUM BOULEVARD ROUNDABOUT: Parc_.._.. e 2:ro A POR& OF TRACT "B" AND LOTS 9 AND 10 OF "QUANTUM PARK AT BOYNTON BEACH, P.%APORTION T NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, 184 AND 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORtFLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 3", AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31,PALM H COUNTY RECORDS,FLORIDA,THENCE N.09°05' 43"E.,ALONG V THE WEST RIGHT-OF LINE OF QUANTUM BOULEVARD, FOR 53.84 FEET TO THE POINT OF BEGINNING, POINT "A'; THENCE N.39° 20' 38"W., FOR A DISTANCE OF 6.68 FEET; THENCE N.09° ,FOR A DISTANCE OF 73.87 FEET;THENCE N.56°29' 36"E., FOR A DISTANCE OF 6.79 TO POINT "B"; THENCE 5.09° 05' 43"W., ALONG THE WEST RIGHT-OF-WAY LINE OF Q TUM BOULEVARD, FOR A DISTANCE OF 82.90 FEET TO SAID POINT"A",BEING THE POF BEGINNING. TOGETHER WITH, 0 COMMENCING AT SAID POINT "t-, NCE N.62° 46' 53"E., FOR A DISTANCE OF 124.10 FEET TO POINT "C", BEING THEF BEGINNING; THENCE 5.40° 56' 24"E., FOR A DISTANCE OF 95.33 FEET; THEN05' 43"W., FOR A DISTANCE OF 108.00 FEET; THENCE 5.590 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. DRAINAGE EASEMENT ACROSS LOT#90(TRI-RAIL) Parcel 33: 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" Page 11 of 17 Page 119 of 972 Book22771/Pagel 871 Page 12 of 18 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 210 24' 48" EAST, A DISTANCE OF 71.05 FEET; THENCE NORTH 88° 24' 22" WEST, A DI ANCE OF 253.38 FEET TO A POINT ON THE WEST LINE OF SAID LOT 90; THENCE 21° 57' 58" EAST ALONG SAID WEST LINE, A DISTANCE OF 26.67 FEET; THENCE 88° 24' 22" EAST, A DISTANCE OF 279.68 FEET; THENCE SOUTH 210 24' 48" WEST, A D CE OF 99.95 FEET; THENCE SOUTH 08° 33' 11" EAST, A DISTANCE OF 103.13 FEET; T SOUTH 030 27' 07" EAST, A DISTANCE OF 501.53 FEET TO THE POINT OF BEG G. �(n1. SURVEYOR'S NOTES: BEARINGS OWN HEREON ARE REFERENCED TO QUANTUM PARK AT BOYNTON BEACH, PIAT NO. 8, PLAT BOOK 57, PAES 196 AND 197, PUBLIC RECORDS OF PALM BEACH CO LORIDA, RESULTING IN A BEARING OF SOUTH 86° 35' 25" WEST ALONG THE SOUTH L OF LOT 90 AS SAME IS SHOWN ON SAID PLAT. ACCESS EASEMENT ACROSS PART OF TRACT"A" (CUL-DE-SAC): Parcel 34• A PORTION OF TRAC ' 'TOGETHER WITH A PORTION OF LOT 66, QUANTUM PARK AT BOYNTON BEACH, P.I. NO. 9, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60, PA OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICU Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTE ION OF THE CENTERLINE OF HIGH RIDGE ROAD (100 FOOT WIDE RIGHT OF WAY) TITHE CENTERLINE OF QUANTUM LANE (50 FOOT WIDE RIGHT OF WAY)AS SHOWN ON I PLAT; THENCE NORTH 750 49' 01"WEST, a G THE QUANTUM LANE CENTERLINE, 100.00 FEET TO THE BEGINNING OF A TANG' VE CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 916.51 FEET,A CENTRAL ANGLE OF 30°47' 10",AN ARC DISTANCE OF 492.46 FEET; THENCE SOUTH 490 15' 59"WEST, 5.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 49° 15' 59" WEST, 20.03 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 450 05' 01" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 51° 54' 11", AN ARC DISTANCE OF 22.65 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSED CURVE HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 38° 32' 44", AN ARC DISTANCE OF 40.36 FEET; Page 12 of 17 Page 120 of 972 Book22771/Pagel 872 Page 13 of 18 THENCE SOUTH 860 18' 57" WEST, 22.10 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 460 38' 02"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 E CENTRAL ANGLE OF 180 0V 42",AN ARC DISTANCE OF 23.60 FEET; T 0 NORTH 860 18' 57" EAST, 40.92 FEET TO A POINT ON THE ARC OF A NON- TAT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NWH 40°02' 57"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CL ANGLE OF 460 52' 08", AN ARC DISTANCE OF 35.72 FEET TO A POINT OF REVERSE TURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, A CENTRNGLE OF 53° 45' 48", AN ARC DISTANCE OF 42.23 FEET TO THE POINT INNING. OF BEGV LESS THE FOLLD ING: 0 PART OF PARK RIDGE VARD FOR SCHOOL: THAT PORTION OF PAR %BOYNTON BOULEVARD TRACT "F" OF QUANTUM PARK AT BEACH P.I.D. PL4, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK O IRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PL , 57, PAGE 186, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q BEGIN AT THE NORTHWEST CO F SAID LOT 53, THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID PARK 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 030 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 890 12' 52"FOR 835.80 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, SO10 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, N420 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 860 59' 23" FOR 966.78 FEET TO A POINT OF TANGENCY; THENCE N00° 02' 36"E Page 13 of 17 Book22771/Page 1873 Page 14 of 18 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 060 27' 17"FOR 636.77 FEET; CE DEPARTING SAID WESTERLY RIGHT-OF-WAY, N90° 00' 00"E FOR 100.62 FEET TO STERLY RIGHT-OF-WAY OF SAID PARK RIDGE BOULEVARD TRACT "F", BEING A C OCONCAVE TO THE WEST, HAVING A RADIUS OF 5752.40 FEET, WHERE THE LINE BEARS 5830 42' 03"W; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY A VE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 030 10' 44" FOR 319.17 FEET TO TIM WNT OF BEGINNING. LIFT ST�1N: THE LAND TIFIED AS THE "LIFT STATION" ON PAGE 2 OF THE PLAT OF QUANTUM PARK AT B N BEACH,P.I.D., PLAT NO. 5 RECORDED IN PLAT BOOK 57,PAGE 189 OF THE PUBLIC RDS OF PALM BEACH COUNTY,FLORIDA, SITUATE, LYING AND BEING IN PALM BEACFk�"TY,FLORIDA. PART OF TRACTS r`r '1 AND"O" (QUANTUM LAKES DRIVE &LAKE): D A PARCEL OF PROP BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNT ARIDA, BEING A REPLAT OF A PORTION OF TRACTS E AND Q, QUANTUM PARK AT N BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PA ACH COUNTY, FLORIDA, SHOWN HEREON AS "QUANTUM PARK AT BOYNTON B P.I.D. PLAT NO. 6 REPLAT NO. V BEING MORE PARTICULARLY DESCRIBE LLOWS: BEING A PORTION OF TRAC P :�f1ND Q, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, 191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICULARLY�CRIBED AS FOLLOWS: COMMENCING AT THE MOSTY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6, RUN THENCE 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E, A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID NORTHWESTERLY LINE OF LOT 60 AND SAID SOUTHEASTERLY LINE OF SAID TRACT E), A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF TRACT Q, AS SAME IS SHOWN ON SAID PLAT NO. 6: THENCE NORTH 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG SAID SOUTHEASTERLY LINE OF TRACT Q, A DISTANCE OF 85.86 FEET; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID SOUTHEASTERLY LINE OF TRACT Q),A DISTANCE OF 34.76 FEET;THENCE NORTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 95.49 FEET; THENCE NORTH 44 DEGREES 31 MINUTES 24 SECONDS EAST,A DISTANCE OF 143.54 FEET;THENCE NORTH 57 DEGREES 07 MINUTES 22 SECONDS EAST, A DISTANCE OF 59.93 FEET; THENCE NORTH 35 DEGREES 05 MINUTES 07 SECONDS EAST, A DISTANCE OF 48.60 FEET; THENCE NORTH 25 DEGREES 24 MINUTES 11 SECONDS EAST, A DISTANCE OF 48.26 FEET; THENCE NORTH 33 DEGREES 26 MINUTES 59 SECONDS EAST, A DISTANCE OF 87.46 FEET; THENCE NORTH 38 DEGREES 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 97.65 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 25 SECONDS EAST, A DISTANCE OF 140.69 FEET; THENCE NORTH02 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 33.53 FEET; THENCE NORTH 08 DEGREES 18 MINUTES 59 SECONDS EAST,A DISTANCE OF 124.56 FEET; THENCE NORTH 15 Page 14 of 17 Page-122 of 972 Page 15 of 18 DEGREES 13 MINUTES 07 SECONDS EAST, A DISTANCE OF 112.61 FEET; THENCE NORTH 20 DEGREES 49 MINUTES 41 SECONDS WEST,A DISTANCE OF 62.02 FEET; THENCE NORTH 52 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 22.22 FEET; THENCE NORTH 57 DI3qREES 45 MINUTES 47 SECONDS WEST, A DISTANCE OF 132.16 FEET TO THE POINT ON JO CONCAVE TO THE SOUTH HAVING A RADIUS OF 1583.02 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29 DEGREES 32 MINUTES 57 SECONDS THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A L ANGLE OF 21 DEGREES 29 MINUTES 20 SECONDS, A DISTANCE OF 593.71 FEET INT ON THE EAST LINE OF SAID TRACT E, SAID EAST LINE BEING A CURVE CONC��EGREES OUTHEASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUT 03 MINUTES 37 SECONDS EAST); THENCE SOUTHWESTERLY ALONG SAID E OF TRACT E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRALOF 81 DEGREES 48 MINUTES 48 SECONDS A DISTANCE OF 439.28 FEET TO A POINVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS19 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH ANGLE OF 46 DEGREES 38 MINUTES 30 SECONDS, A DISTANCE OF 900.50 FEET TOOINT OF TANGENCY; THENCE SOUTH 46 DEGREES 46 MINUTES 46 SECONDS WEST, DISTANCE OF 321.40 FEET TO THE POINT OF BEGINNING. PART OF TRACT " LANES- UANTUM BOULEVARD): A PORTION OF TRAC i QF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, ACCORDING TO THE P REOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND 185 OF THE PUBLIC S OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIB FOLLOWS: BEGINNING AT THE SOUTH�ORNER OF LOT 24 OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS ED IN PLAT BOOK 60,PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORDS, FL A; THENCE S12' 34' 13"W, ALONG THE WEST RIGHT- OF-WAY LINE OF QUANTUM BO ARD, FOR 133.91 FEET; THENCE S77° 25' 47"E, FOR 50.00 FEET (THE NEXT 3 COU EING ALONG THE CENTERLINE OF QUANTUM BOULEVARD); THENCE N12° 34' 1 ' R 276.91 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; T NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6937.50 FEET AND A CENTRAL ANGLE OF 030 28' 30", FOR 420.76 FEET TO A POINT OF TANGENCY; THENCE N09° 05' 43"E, FOR 9.51 FEET TO POINT "A'; THENCE N390 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 030 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 580 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 Page 15 of 17 123 of 972 Book22771/Pagel 875 Page 16 of 18 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; =N56-29' 36"E,FOR 67.93 FEET TO POINT"B",BEING THE POINT OF BEGINNING. "A"(QUANTUM LANE),: Q ALTRACT"A" QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 9, PLAT BOOK 60,WS 32-33 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID" PARTS T CTS"E" "B" "P"AND" "(QUANTUM LAKES DRIVEQUANTUM BOULEV WATER MANAGEMENT LAKES BEIN RTION OF TRACT E,A PORTION OF TRACT B,A PORTION OF WATER MANAGEMEN T CT P AND A PORTION OF WATER MANAGEMENT TRACT Q, QUANTUM PARK AT BOYN BEACH,P.I.D. PLAT NO. 6,PLAT BOOK 57,PAGES 191 THROUGH 193, PUBLIC RECORD`S�OF PALM BEACH COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: BEGINNING E MOST SOUTHERLY CORNER OF TRACT 101,QUANTUM PARK AT BOYNTON BEAC PLAT NO. 6,REPLAT NO. 1,PLAT BOOK 94,PAGES 176 THROUGH 177,PUBLI ARDS OF PALM BEACH COUNTY,FLORIDA, RUN THENCE SOUTH 4646'06" WEST THE SOUTHERLY LINE OF SAID TRACT E,A DISTANCE OF 234.56 FEET TO THE PO URVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 67 ET;THENCE SOUTHWESTERLY CONTINUING ALONG THE SAID SOUTHERLY LINE OF E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4500'0 ' STANCE OF 528.20 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CO E TO THE NORTH HAVING A RADIUS OF 600.00 FEET; THENCE WESTERLY ALONG T C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4618'32",A DISTANCE OF 484.95 A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVIN IUS OF 370.39 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE GH A CENTRAL ANGLE OF 5810'10",A DISTANCE OF 376.04 FEET TO THE ORTHERLY CORNER OF LOT 52,QUANTUM PARK AT BOYNTON BEACH P.I.D.,PLAT NO. 5,PLAT BOOK 57,PAGES 189 THROUGH 190, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA;THENCE NORTH 3557'52"EAST,A DISTANCE OF 1.45 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD, SAID SOUTH RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT E, SAID NORTH LINE ALSO BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 0948'51"WEST; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF TRACT E AND AN EASTERLY EXTENSION THEREOF AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1650'15",A DISTANCE OF 493.83 FEET;THENCE SOUTH 27-20'01"EAST(DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD),A DISTANCE OF 60.48 FEET; THENCE SOUTH 3212'46"WEST,A DISTANCE OF 59.45 FEET;THENCE SOUTH 0110'21" WEST,A DISTANCE OF 36.31 FEET;THENCE SOUTH 1819'22"EAST,A DISTANCE OF 61.97 FEET;THENCE SOUTH 5116'20"EAST,A DISTANCE OF 63.39 FEET;THENCE SOUTH 6758'55"EAST,A DISTANCE OF 196.73 FEET;THENCE SOUTH 7903'27"EAST,A DISTANCE OF 64.97 FEET;THENCE NORTH 6339'33"EAST,A DISTANCE OF 91.62 FEET; THENCE SOUTH 8827'13"EAST,A DISTANCE OF 60.93 FEET;THENCE NORTH 87-35'30" EAST,A DISTANCE OF 78.26 FEET;THENCE NORTH 5949'02" EAST,A DISTANCE OF 60.71 FEET; THENCE NORTH 53--21'50"EAST,A DISTANCE OF 138.47 FEET;THENCE NORTH 3307'12" Page 16 of 17 Book22771/Pagel 876 Page 17 of 18 EAST,A DISTANCE OF 18.99 FEET;THENCE NORTH 1018'56" WEST,A DISTANCE OF 41.37 FEET;THENCE NORTH 3711'04" WEST,A DISTANCE OF 42.62 FEET; THENCE NORTH 4624'56"WEST,A DISTANCE OF 68.74 FEET;THENCE NORTH 6659'36"WEST,A DISTANCE OF 2 5.11 FEET;THENCE NORTH 3942'05" WEST,A DISTANCE OF 68.92 FEET; THENCE CE H 336'25"WEST,A DISTANCE OF 44.89 FEET;THENCE NORTH 2808'17" WEST,A bf'SCE OF 69.51 FEET;THENCE NORTH 3550'47"WEST,A DISTANCE OF 133.92 FEET TO A .ON THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEWAY BOULEVARD, S UTHERLY RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT B, SAI TH LINE ALSO BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RAD �&OULEVARD 680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 4226'42" WEST; THENRTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEW AND ALONG SAID NORTH LINE OF TRACT B AND ALONG THE ARC OF S URVE THROUGH A CENTRAL ANGLE OF 047'12",A DISTANCE OF 23.07 FEET TO T INT OF TANGENCY;THENCE NORTH 4646'06"EAST CONTINUING ALONG THE SAID S GHT OF WAY LINE OF GATEWAY BOULEVARD AND SAID NORTH LINE OF TRA ,A DISTANCE OF 126.58 FEET;THENCE SOUTH 5404'05"EAST (DEPARTING FR AID SOUTH RIGHT OF WAY LINE AND SAID NORTH LINE OF TRACT B),A DISTANCE 152.06 FEET;THENCE SOUTH 5304'29"EAST,A DISTANCE OF 57.82 FEET; THENCE SO 3507'29"EAST,A DISTANCE OF 65.01 FEET;THENCE SOUTH 4330'50" EAST,A NCE OF 150.19 FEET;THENCE SOUTH 3059'27"EAST,A DISTANCE OF 33.97 FEET;THE OUTH 4313'54"EAST,A DISTANCE OF 121.93 FEET TO A POINT ON THE NORTHERLY SAID TRACT 101;THENCE SOUTH 4646'06" WEST ALONG SAID NORTHERLY LIN TANCE OF 22.84 FEET;THENCE SOUTH 4313'54"EAST ALONG THE SOUTHWES LINE OF SAID TRACT 101,A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNIN CONTAINING 7.605 A S,MORE OR LESS. 0 Q Page 17 of 17 Page 125 sf-972— Book22771/Page 1877 Page 18 of 18 PAPA Banner Location Address "+Tualclalltw BOYNTON BEACH Parcel Control Nunber 08-43-45-16-30-013-0000 SuNfivision QUANTUM PK AT BOYNTON BCH PL 6 Official Records Book 24359 Page l304 Sale Date JAN-2011 Legal Description QUANTUM PK AT BOYNTON BCH PL 6 TRS M,P&Q (LESS PB94P176)K/A WATER MGMT Owners -- ."+Tailing address QUANTUM PARK OVERLAY 2501 BURNS RD STE A DEPENDENT DISTRICT PALM BEACH GARDENS FL 33410 5207 Sales Date Price 11€nol R Sale Type Owner JAN- 24359/ WARRANTY QUANTUM PARK OVERLAY 2011 $10 01304 DEED DEPENDENT DISTRICT JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DISTRICT MAR $10 8158/ WARRANTY QUANTUM COMMUNITY DEV DISTRICT 1994 01315 DEED Exe tion Applicant/Own:r star Detail QUANTUM PARK OVERLAY 2019 FULL.GOVT INDEPENDENT DISTS DEPENDENT DISTRICT *Total S�I�nare I u nber cif"Units 0 Pcct 0 Acres 22.1365 9500- Zoning PID-Planued Industrial Ded(08- 1Jsc Cade RIVER/LAKES BOYNTON BEACH) Tax Year 2018 2017 2016 Improvement Value $0 $0 $0 Laud Value $6,641 $6,641 $6,641 Total Market Value $6,641 $6,641 $6,641 All values are as of January 1 st each year 'T'ax Year --2018 2017 2016 Assessed Value $6,641 $6,641 $6,641 E xemption Amount $6,641 $6,641 $6,641, Taxable Value $0 $0 $0 Tax Year --2018 2017 2016 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0''' Total tax $0 $0 $0 Page 126 of 972 I �N�NUINNNIIINIVNI�I�I�I�MIINII WC-70 CFM 20110050699 Prepared By and Return To: 0R BK 24359 PG 1304 Bernard A.Conko,Esquire Cohen,Norris,Scherer&Weinberger RECORDED 02/10/2011 15:53:23 712 .S.Highway One Palm Beach County, Florida NoR. -43-45-16-30-002-0000 Beach,Florida 33408 AMT 10.00 Doc Stamp 0.70 Sharon R. Bock,CLERK & COMPTROLLER a SPECIAL WARRANTY DEED Pgs 1304 - 1306; t 3pgs) O ,n SPECIAL WARRANTY DEED made the day of January, 2011, by QUANTUM COMMUNITY DEVELOP DISTRICT,a Florida Independent Special District,hereinafter called the Grantor,to QUANTUM PARK OVERLAY DEPENDENT D RIOT,a Florida Dependent Special District,hereinafter called the Grantee whose address is c/o Special District Services,Inc.. Burns Road,Palm Beach Gardens,Fl,33410. (Wherevei _ em.the terms"Grantor"and"Grantee"include all the parties to this instrument and the heirs,legal representatives and assigns viduals.and the successors and assigns of corporations) WITNESSEZat the Grantor,for and in consideration of the sum of$10.00 and other good and valuable consideration. receipt and sufficiency w roof are hereby acknowledged,hereby grants.bargains,sells,aliens,remises,releases.conveys and confirms unto the Grantee,all thoseparcels of land situated in Palm Beach County,Florida.and more particularly described in EXHIBIT "A"attached hereto and ma hereof. SUBJECT TO restri�servations, covenants and easements of record, if any, to the extent that same are valid and enforceable. O TO HAVE AND TO 110L�e in fee simple forever. AND the Grantor hereby cov�r with the Grantee that the Grantor is lawfully seized of said land in fee simple:that the Grantor has good right and lawful authority to�lt�and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all perso aiming by.through or under the said Grantor and none other. IN WITNESS WHEREOF.the said r has hereunto set its hand and seal the day and year first above written. Signed,sealed and delivered in the presence of: QUANTUM COMMUNITY DEVELOPMENT DISTRICT,a Florida Inde dent Special District BY:60ex o�-_-- print name �' A Allen 1.Slaman,Chairman j print nameL' STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of January 2011,by Allen 1.Slaman.as Chairman of QUANTUM COMMUNITY DEVELOPMENT DISTRICT,a Florida Independent Special District, on behalf of the District. He is personally known to me or has produced as identification. O"N4% BERNARD A.CONKO otary Signature MY SSION#EE131W Printed Notary Name: �� d EXpMM-.My 29,2014 My commission expires: 14M3MWAAY W.t Y 00'�Aaoe.Co. Page 127 of 972 Book24359/Page1304 Page 1 of 3 EXHIBIT"A" LEGAL DESCRIPTION JHG A PORTION OF TRACT E,A PORTION OF TRACT B,A PORTION OF WATER GEMENT TRACT P AND A PORTION OF WATER MANAGEMENT TRACT Q, TUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6,PLAT BOOK 57, PAGES R UGH 193,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DE ED AS FOLLOWS: B INNING AT THE MOST SOUTHERLY CORNER OF TRACT 101,QUANTUM PARK YNTON BEACH,P.I.D. PLAT NO. 6,REPLAT NO. 1, PLAT BOOK 94, PAGES 1 ROUGH 177,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, RUN THE OUTH 4646'06" WEST ALONG THE SOUTHERLY LINE OF SAID TRACT E,A I ANCE OF 234.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE T E NORTH HAVING A RADIUS OF 672.52 FEET;THENCE SOUTHWESTE ONTINUING ALONG THE SAID SOUTHERLY LINE OF TRACT E AND ALONG T C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4500'00", A DISTANCE OF 5 . FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE E NORTH HAVING A RADIUS OF 600.00 FEET;THENCE WESTERLY ALONG ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4618'32",A DISTANC 4.95 FEET A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO �OUTH HAVING A RADIUS OF 370.39 FEET;THENCE NORTHWESTERLY ALO HE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5810'10",A DIS E OF 376.04 FEET TO THE MOST NORTHERLY CORNER OF LOT 52,QUAN M PARK AT BOYNTON BEACH P.I.D., PLAT NO. 5, PLAT BOOK 57,PAGES 189 THROU 0,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 35� " EAST,A DISTANCE OF 1.45 FEET TO A POINT ON THE SOUTH RIGHT OF WA OF GATEWAY BOULEVARD, SAID SOUTH RIGHT OF WAY LINE ALSO BEI NORTH LINE OF SAID TRACT E, SAID NORTH LINE ALSO BEING A CUR NCAVE TO THE NORTH HAVING A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 0948'51" WEST; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF TRACT E AND AN EASTERLY EXTENSION THEREOF AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16-50'15", A DISTANCE OF 493.83 FEET;THENCE SOUTH 2720'01" EAST(DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD),A DISTANCE OF 60.48 FEET; THENCE SOUTH 3212'46" WEST,A DISTANCE OF 59.45 FEET;THENCE SOUTH 0110'21" WEST, A DISTANCE OF 36.31 FEET;THENCE SOUTH 1819'22" EAST,A DISTANCE OF 61.97 FEET;THENCE SOUTH 5116'20" EAST, A DISTANCE OF 63.39 FEET;THENCE SOUTH 6758'55" EAST,A DISTANCE OF 196.73 FEET; THENCE SOUTH 7903'27" EAST,A DISTANCE OF 64.97 FEET;THENCE NORTH 6339'33" EAST,A DISTANCE OF 91.62 FEET; THENCE SOUTH 88-27'13"EAST,A DISTANCE OF 60.93 FEET;THENCE NORTH 8735'30" EAST, A DISTANCE OF 78.26 FEET;THENCE NORTH 5949'02" EAST,A DISTANCE OF 60.71 FEET; THENCE NORTH 5321'50" EAST,A DISTANCE OF 138.47 FEET;THENCE NORTH 3307'12" EAST, A DISTANCE OF 18.99 FEET;THENCE NORTH 10-18'56" WEST, A DISTANCE OF 41.37 FEET; THENCE NORTH 3711'04" WEST,A DISTANCE OF 42.62 FEET;THENCE NORTH 4624'56" WEST, A DISTANCE OF 68.74 FEET; THENCE NORTH 6659'36" WEST,A DISTANCE OF 75.11 FEET;THENCE NORTH Page 128 of 972 Book24359/Page1305 Page 2 of 3 3942'05" WEST,A DISTANCE OF 68.92 FEET; THENCE NORTH 2336'25" WEST, A DISTANCE OF 44.89 FEET;THENCE NORTH 2808']7" WEST, A DISTANCE OF 69.51 FEET;THENCE NORTH 3550'47" WEST,A DISTANCE OF 133.92 FEET TO A POINT ON E SAID SOUTHERLY RIGHT OF WAY LINE OF GATEWAY BOULEVARD, SAID ATHERLY RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT AID NORTH LINE ALSO BEING A CURVE CONCAVE TO THE NORTHWEST �1G A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH '42" WEST; THENCE NORTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT 0 AY0LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF T AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0-47' ',A DISTANCE OF 23.07 FEET TO THE POINT OF TANGENCY; THENCE NORTH 4646'06" ST CONTINUING ALONG THE SAID SOUTH RIGHT OF WAY LINE OF GATE OULEVARD AND SAID NORTH LINE OF TRACT B,A DISTANCE OF 126.58 FE • HENCE SOUTH 5404'05" EAST(DEPARTING FROM SAID SOUTH RIGHT OF LINE AND SAID NORTH LINE OF TRACT B), A DISTANCE OF 152.06 FEET;THE UTH 5304'29" EAST,A DISTANCE OF 57.82 FEET; THENCE SOUTH 3507'29"EA9DISTANCE OF 65.01 FEET,THENCE SOUTH 4330'50" EAST, A DISTANCE OF 1N7. ,, ENCE SOUTH 30-59 27 .EAST,A DISTANCE OF 33.97 FEET;THENCE4" EAST,A DISTANCE OF 121.93 FEET TO A POINT ON THE NORTHERID TRACT 101;THENCE SOUTH 4646'06" WEST ALONG SAID NE, A DISTANCE OF 22.84 FEET;THENCE SOUTH 4313'54" EAST OUTHWESTERLY LINE OF SAID TRACT 101, A DISTANCE OF THE POINT OF BEGINNING. CONTAIRES,MORE OR LESS. Page 129 of 972 Book24359/Page1306 Page 3 of 3 PAPA Banner Location Address HIGH RIDGE RD "+`Tualclalitw BOYNTON BEACH Parcel Control Iunr 08-43-45-16-33-000-0710 SuNfivision QUANTUM PARK AT BOYNTON BEACH PL 9 Official Records Boob 30491 Page275 Sala:Rate MAR 2019 Leal Description QUANTUM PARK AT BOYNTON BEACH PL 9 LT 71 -- Mailing address Owners 7 CORPORATE PLAZA DR OLEN PROPERTIES CORP NEWPORT BEACH CA 92660 7904 Sales Tate Price BooldPage OR Sala Type 1Twaxaer MAR $10 30491/ WARRANTY OLEN PROPERTIES CORP 2019 00275 DEED JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DISTRICT MAR- 08158/ WARRANTY QUANTUM COMMUNITY DEV 1994 $1,886,500 01306 DEED DISTRICT Exe tion Applicant/(hv aer Ye ar Detail OLEN PROPERTIES CORP 2019 FULL.GOVT INDEPENDENT DISTS *Total Salaaarar I u nber of Units 0 Feet 0 Acres 14.3001 lJsa Coda 8000- PID-Planned Industrial Ded(08- DISTRICTS Zoning BOYNTON BEACH) 'T'ax Year --2018 2017 2016 Improvement Value $1,887 $1,835 $1,875, Land Value $2,252,266 $2,252,266 $2,145,015 Total Market Value $2,254,153 $2,254,101 $2,146,890 All values are as of January 1 st each year 'T'ax Year --2018 2017 2016 Assessed Value $2,254,153 $2,165,184 $1,968,349, E xemptionAmount $2,254,153 $2,165,184 $1,968,349, Taxable Valu $0 $0 $0 Tax Year --2018 2017 2016 Ad Valorem $0 $0 $0'' Nora Ad Valorem $0 $0 $0 Total tax $0 $0 $0'' Page 130 of 972 CFN 20190099859 OR BK 30491 PG 275 RECORDED 03/22/2019 08:46:52 Palm Beach County, Florida AMT 10.00 DEED DOC 0.70 Sharon R. Bock Prepared by: CLERK&COMPTROLLER Sachs Sax Caplan,PL Pgs 0275-0278; (4Pgs) 61 roken Sound Pkwy NW#200 aton,FL 33487 4-4499 O Par Antification No.08-43-45-16-33-000-0710 [Space Above This Line For Recording Data] ® Special Warrant Deed � P Y This Indenture mi a this 11 day of M �' . 2ot9 between QUANTUM PARK OVERLAY DEPENDENT DISTRICT, a dependen cial district created pursuant to Chapter 189, Florida Statutes, whose post office address is 25ot Burns R ite A, Palm Beach Gardens, FL 33410,grantor*,and OLEN PROPERTIES CORP.,a Florida corporation,who office address is 7 Corporate Plaza,Newport Beach,CA 92660,grantee*, a Witnesseth that said grant d in consideration of the sum of TEN AND NO/loo DOLLARS($10.00)and other good and valuable cons s to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has gran argained, and sold to the said grantee, and grantee's heirs and assigns forever,the following described la u te,lying and being in Palm Beach County,Florida,to-wit: All of Lot 71, Quantum Par A oynton Beach, P.I.D., Plat No. 9, according to the plat thereof,as recorded In plat Ba kk o, Page 32,of the Public Records of Palm Beach County, Florida. SUBJECT TO all restrictions, reservations anents of record,if any;zoning restrictions and prohibitions imposed by governmental authority,and taxes for the years subsequent to 2019 not yet due and payable. TOGETHER WITH all the tenements, hereditaments, easements and appurtenances thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD,the same in fee simple forever, And that grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple;that grantor has good right and lawful authority to convey said land;that grantor hereby fully warrants the title to said land, during its ownership of the same as Quantum Park Overlay Dependent District, and will defend the same against the lawful claims of all persons claiming by,through or under grantor,as Quantum Park Overlay Dependent District only but against none other.For purposes of clarifying the preceding,grantor would not be liable for defending any claims arising from or relating to a period of time (i) prior to Quantum Park Overlay Dependent District's ownership of the land or(ii)after the transfer of the land to grantee. *"grantor"and"grantee"are used for singular or plural,as context requires. Page 131 of 972 CFN 20190099859 BOOK 30491 PAGE 276 2OF4 IN WITNESS WHEREOF, grantor has executed under seal this Special Warranty Deed on the day and yea irst written above. ne aled and delivered in esSnce of: Witn GRANTOR: 0 QUANTUM PARK OVERLAY DEPENDENT DISTRICT,a dependent special district created pursuant to Chapter 189,Florida Statutes By: Printed Name: CI.J D CA-(7r Print Name: Its: Print Name• ``0. STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING !VSTRUMEA was tiap ackno edged, and delivered before me this day of March, 2019, by as Q of QUANTUM PARK OVERLAY DEPENDENT DISTRICT, a dependent spict created pursuant to Chapter 189, Florida Statutes, on behalf of the district. He/She: is personally known to me OR produced a Florida driver's license as identification OR ❑produced as identification. Seal &1kJNZ", "I Jliaw Notary Public Print Name: My commission expires: c CATHERINE CHERRY * W COMUSSIOH O W 00009 * ,r EXPIRES:Jwn 12.2x0 �+�joR��' 1riMdTlwadOKNM�7�� Page 132 of 972 CFN 20190099859 BOOK 30491 PAGE 277 30F4 RESOLUTION NO.2019-01 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE QUANTUM PARK OVERLAY DEPENDENT DISTRICT DESIGNATING LOT 71 WITHIN QUANTUM PARK AS SURPLUS AND NO LONGER NEEDED FOR DISTRICT PURPOSES; AND PROVIDING AN 0 EFFECTIVE DATE. 9 )YHEREAS, the Board of Supervisors of the Quantum Park Overlay Dependent District owiit maintains the Lot 71 Sand Pine Preserve within Quantum Park; and EREAS, pursuant to Quantum Park Overlay Dependent District Resolution 2019-01, if it is d ined that any District owned real property is no longer needed for a District purpose, said real p may be disposed of in any lawful manner which the Board of Supervisors deems to be in the interest of the District and its landowners;and WHE1ik S, the Board of Supervisors of the Quantum Park Overlay Dependent District has determined thVe t 71, is surplus property and no longer needed for District purposes;and WHEREA Board of Supervisors of the Quantum Park Overlay Dependent District has determined that i 's a best interest of the District and its landowners to dispose of Lot 71 pursuant to that Settl °Agreement dated January 17, 2018, which was approved for the purpose of settling Case 015 CA 001721 (AJ)(the"District lawsuit");Case No.: 50 2015 CA 011695 (AJ) (the " Barris lawsuit"); and Case No.: 50 2016 CA 005668 (AA) (the "Easement lawsuit"); and WHEREAS, all resolutt6ns or parts thereof of the District in conflict with the provisions contained herein are to the extent 0—y such conflict, hereby superseded and repealed. NOW,THEREFORE,BE SOLVED BY THE BOARD OF SUPERVISORS OF QUANTUM UANTUM PARK OVER PENDENT DISTRICT AS FOLLOWS: Section 1. The above recitals are hereby adopted. Section 2. Lot 71,the Sand Pine Preserve property,as more particularly described and depicted in Exhibit A attached hereto, is hereby designated as surplus and no longer needed for any District purpose. PASSED,ADOPTED and becomes EFFECTIVE this 21 s`day of February,2019. ATTEST: QUANTUM PARK OVERLAY DEPENDENT DISTRICT BY: _�G�-Gf BY: b D Secretary/Assistant Secretary Chairperson/V a Chairperson Page 133 of 972 CFN 20190099859 Exhibit A BOOK 30491 PAGE 278 .a Ile suis a rwuxas $ �L'� �so•ro•ao•s.os.sz• a Of .7. a$ P, A PIE g�g!E � @� jag ��\ wQ� c \� �\a I -----ter\ a..�•�a g h q[ Uri "ZSR R =yR € * •; q� At Page 134 of 972 PAPA Banner Location Address "+Tualclalltw BOYNTON BEACH Parcel Control Nunber 08-43-45-17-06-001-0000 SuNfivision QUANTUM PK AT BOYNTON BCH PL 1 Official Records Book 22771 Page 1860 Sale Tate JUL-2008 Legal Description QUANTUM PK AT BOYNTON BCH PL 1TH PT OF LT 1-A K/A LAKE TR A(LESS LIFT STATION SITE) Owners -- Mailing address QUANTUM PARK OVERLAY 2501 BURNS RD STE A DEPENDENT DISTRICT PALM BEACH GARDENS FL 33410 5207 Sales Tate Price OR Bo laPage Sale yf Owner JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DISTRICT MAR- 08158/ WARRANTY QUANTUM COMMUNITY DEV 1994 $203,900 01313 DEED DISTRICT Exe tion Applicant/Own:r star Detail QUANTUM PARK OVERLAY 2019 FULL.GOVT INDEPENDENT DISTS DEPENDENT DISTRICT *Total S�I�nare I u nber cif"Units 0 Peet 0 Acres 4.4061 9500- Zoning PID-Planued Industrial Ded(08- 1Jsa Cade RIVER/LAKES BOYNTON BEACH) Tax Year --2018 2017 2016 Improvement Valu $0 $0 $0 Land Value $1,322 $1,322 $1,322 Total T Market Value $1,322 $1,322 $1,322 All values are as of January 1 st each year 'T'ax Year 2018 2017 2016 AssessedValue $1,322 $1,322 $1,322 E xemptionA mint $1,322 $1,322 $1,322 'T'axable Valu $0 $0 $0 Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0'' Total tax $0 $0 $0 Page 135 of 972 11111111111111111111112 h1ININ11111112 CPN 20080275719 OR BK 22771 PG 1860 WC-70 RECORDED 07/23/2008 15:55:23 THIS INSTRUMENT PREPARED BY AND RETURN TO: Palm Beach County, Florida BERNARD A.CONKO,ESQ. Sharon R. Bock,CLERK & COKPTROLLER COHEN,NORRIS,SCHERER,WEINBERGER&WOLMER PJB 1860 — 1877 (18pgo) 712 U.S. HWAY ONE, #400 NORT BEACH,FL 33408 Prope 1 Numbers:n/a Q SPECIAL WARRANTY DEED 0 THI CIAL WARRANTY DEED made this day of �� I� ,2008,between QUANTUM COMMUNI E ELOPMENT DISTRICT,an independent special district eated pursuant to Chapter ct c Florida Statutes,Grantor, ANTUM PARK OVERLAY DEPENDENT DISTRICT,a dependent special district created pursuant to Chapte lorida Statutes,whose post office address is 2501-A Burns Road,Palm Beach Gardens,Florida 33410,Grantee. WITNESSETH at said Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideratiO14 said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold t said Grantee,and Grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Bea ty,Florida,to-wit: See Exhibit A attaceto and incorporated herein by reference 0 SUBJECT to the reservati�is_ „fictions and easements of record and those set forth in the attached Exhibit B. TO HAVE AND TO HOLD ove granted,bargained and described premises in fee simple forever. And said Grantor does hereby fut the title to said land,and will defend the same against the lawful claims of I persons claiming by,through or the Grantor. IN W ESS WHE F,Grantor has here�(ur�� t Grantor's hand and seal the day and year first above written. Sign ,sealed and n the presence of- QUANJUM COM UNITY DEVELOPMENT DISTRICT TNESS /� � f rinted Name' By: f M.C.Fergu on,Chairman 2501-A Burns Road Palm Beach Gardens,Florida 33410 I SS �, / ne Printed Name:�i°t// /t� fi/ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged to me this_LL2008day of �U ` by M.C.Ferguson, Chairman,of QUANTUM COMMUNITY DEVELOPMENT DISTRICT ho is M ersonally wn to a or[ ]who has produced as identification. /`/� (SEAL) BERNARD A.CON a ub is VW noi# w rint Name: orw9,210 SMRES:July2o m Expire: I-WO-3NOMW PL NMry Db=m t Ateoa Co. Page 136 of 972 Book22771/Pagel 860 Page 1 of 18 EXHIBIT"A" LEGAL DESCRIPTION FOR REAL PROPERTY AND IMPROVEMENTS VLUANTUM BOULEVARD: O Pa ALL F jTCT"C"AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, F.I.D. O. 1-A,AS RECORDED IN PLAT BOOK 57,AT PAGES 180 AND 181,OF THE PUBLICORDS OF PALM BEACH COUNTY,FLORIDA. TOGETHE H: Parcel 2• ALL OF TRACT'V,AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO.1 A CORDED IN PLAT BOOK 57,AT PAGES 182 AND 183,OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: a Parcel 3• ALL OF TRACT"B",AS SHOTHE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2,AS RECO*BACIJ PLAT BOOK 57,AT PAGES 184 AND 185,OF THE PUBLIC RECORDS OF PALCOUNTY,FLORIDA. TOGETHER WITH: Q 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 PLAM 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 PLAM BEACH COUNTY,FLORIDA. Page 1 of 17 Page 137 of 972 Book22771/Pagel 861 Page 2 of 18 AND THE FOLLOWING FOR PARK RIDGE BOULEVARD: Parcel 6• A F TRACT"F",AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, LAT NO.4,AS RECORDED IN PLAT BOOK 57,AT PAGES 186, 187 AND 188,OF THE CCORDS OF PLAM BEACH COUNTY,FLORIDA. ANDviHnUOLLOWING FOR ALPHA DRIVE AND BETA DRIVE: Parcel 7..Q ✓ ALL OF T "A",TOGETHER WITH ALL OF TRACT"B',AS SHOWN ON THE PLAT, QUANTUM T BOYNTON BEACH,P.I.D.PLAT NO. 10,AS RECORDED IN PLAT BOOK 60,AT PA*GES , 5 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE FOLLOWYN6FOR HIGH RIDGE ROAD: Parcel 8• ALL OF TRACT"C",AS ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.P.PLAT NO. 6,AS REC IN PLAT BOOK 57,AT PAGES 191, 192 AND 193 OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: V Parcel 9• 0 ALL OF TRACT"C",AS SHOWN ON LAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO. 5,AS RECORDED BOOK 57,AT PAGES 189 AND 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNT A. 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 THE FOLLOWING TWO DESCRIBED PARCELS: 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. '/4)OF SAID SECTION 21, BOUNDED AS FOLLOWS: Page 2 of 17 Page 138 of 972 Book22771/Page 1862 Page 3 of 18 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- , AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN DEED RECORDED IN OFFICIAL RDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY; SOUTH: BY A LINE 367.49 FEET NORTH OF(AS MEASURED AT RIGHT ANGLES TPARALLEL WITH THE NORTH RIGHT-OF-WAY OF SAID BOYNTON CANAL,C-16; OMTEAST: BY A LINE 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) A RALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER (N.W. '/4) OF SAI CTION 21. IT IS INTETHAT THE NORTH LINE, THE EAST LINE AND THE SOUTH LINE OF THIS PARCEL BE MON LINE RESPECTIVELY TO: THE WESTERLYTENSION OF THE NORTH LINE, THE WEST LINE, AND THE WESTERLY EXTENSION OF SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE J. AND HARRIET GOTS AND DESCRIBED AS PARCEL"D" IN DEED RECORDED IN OFFICIAL RECORD BOOK 5139,rGE 0153. A PARCEL OF LAND si IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BE ATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40.00 FEET OF T RTHWEST ONE-QUARTER(N.W. 1/4)OF SAID SECTION 21, LYING NORTH OF THE N GHT-OF-WAY LINE OF THE BOYNTON CANAL (A PERPETUAL EASEMENT) 'CO BY THE CENTRAL AND SOUTHERN FLOOD CONTROL DISTRICT AS RECORDED IN O AL RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY, - kRED TH OF A LINE 367.49 FEET NORTH OF (AS MEASURED AT RIGHT ANGLESSAID NORTH RIGHT-OF-WAY LINE, SAID LINE ALSO BEING THE NORTH LINE OERTAIN PARCEL CONVERYED TO CURT G. JOA- INC., AS DESCRIBED IN A DEED IN OFFICIAL RECORDS BOOK 1711, PAGE 371 OF THE PUBLIC RECORDS OF SAID COUNTY. AND THE FOLLOWING FOR QUANTUM LANE: Parcel 12: ALL OF TRACT "A", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.9, AS RECORDED IN PLAT BOOK 60, AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. 1. QUANTUM BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR CONGRESS AVENUE, A PORTION OF TRACT "A", AS SHOWN ON SAID PLAT, QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO. 1-A. 2. PARK RIDGE BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR N.W. 22nD AVENUE, A PORTION OF TRACT "U", AS SHOWN ON SAID PLAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NOA. Page 3 of 17 Page 139 of 972 Book22771/Pagel 863 Page 4 of 18 AND THE FOLLOWING FOR TWO WETLAND CONSERVATION AREAS: Parcel 13• F TRACT "W", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, LAT NO.2, AS RECORDED IN PLAT BOOK 57,AT PAGES 184 AND 185 OF THE PUBLIC RIS OF PALM BEACH COUNTY,FLORIDA. TO R WITH: 0 Parcel ALL OFT T "T", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLA 3, AS RECORDED IN PLAT BOOK 60, AT PAGES 29, 30 AND 31 OF THE PUBLIC REC OF PALM BEACH COUNTY,FLORIDA. AND THE FOL G FOR TWO SAND PINE PRESERVES: Parcel 15: Q ALL OF LOT 93, ASON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS RECO JN PLAT BOOK 60, AT PAGES 29, 30, AND 31 OF THE PUBLIC RECORDS OF PALM BE � UNTY,FLORIDA. TOGETHER WITH: Parcel 16• ALL OF LOT 71,AS SHOWN ON T —LAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO.9,AS RECORDED IN PL OK 60,AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUN ORIDA. THE ABOVE DESCRIBED LANDS ARA�ATED IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. AND THE FOLLOWING WETLAND AREAS: Parcel 17: TRACT "A", (LAKE) AS SHOWN AS LOT 1-A 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,AND Parcel 18• TRACT"I", (LAKE)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,AND Parcel 19• TRACT "J", (DETENTION) AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3,AS RECORDED IN PLAT BOOK 60,AT PAGES 29, 30 AND 31,AND Page 4 of 17 Page 140 of 972 Book22771/Page1864 Page 5 of 18 Parcel 20• TRACT "K", (LAKE) AND TRACT "S" (LAKE) AS SHOWN AS LOT 1-A ON THE PLAT Q NTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.5,AS RECORDED IN PLAT BOOK 57, A GES 189 AND 190,AND 2 TRAM",(LAKE) AND TRACT"P"(LAKE)AND TRACT"Q"(LAKE)AS SHOWN AS LOT I- A O PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.6, AS RECORDED IN PLA OK 57,AT PAGES 191, 192 AND 193. ALL THEE DESCRIBED LANDS ARE SITUATED IN THE CITY OF BOYNTON BEACH, PALM BEA OUNTY,FLORIDA. TOGETHER WI: Parcel 22: Zs' TRI-RAIL ACCESS A PARCEL OF LANkSOUTHE SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 WEST, PALM BEACH COUNALSO BEING A PORTION OF TRACTS 90 AND 91 OF THE PLAT OF QUANTUM NTON BEACH, P.I.D. PLAT NO. 8, AS RECORDED IN PLAT BOOK 57, AT PAGESOF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,BEING MORLY DESCRIBED AS FOLLOWS: BEGINNING AT THEC ORNER OF SAID TRACT 90; THENCE SOUTH 86' 35' 25" WEST, ALONG THE SOUTH LIN TRACT, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 91, A DISTAN FEET; THENCE SOUTH 35° 46' 19" WEST, A DISTANCE OF 38.76 FEET TO A POHE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING AOF 566.00 FEET AND A CENTRAL ANGLE OF 100 08' 06" (A RADIAL LINE PASSING SAID POINT BEARS NORTH 740 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. 12 FOOT DRAINAGE EASEMENT ACROSS LOT#13 : Parcel 23: 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: Page 5 of 17 Page 141 of 972 Book22771/Pagel 865 Page 6 of 18 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 010 16' 01" EAST A DISTANCE OF 170.61 FEET; ffENORTH 75° 20' 02" WEST A DISTANCE OF 310.33 FEET TO A POINT LYING ON THE RLY LINE OF SAID LOT 13 AND THE WESTERLY TERMINUS OF THIS DESCRIPTION. i°Z"(LAKE): Parc"' : 0TRAC4 QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 5 ACCORDING TO THE PLAT T OF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAL CH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 57,PAGE 189. 20 FOOT D"AGE EASEMENT ACROSS LOT##32 33 &34: Parcel 25• A PORTION OF LOT02, 33, AND 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDINTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 29 THROUGH 31 OF T LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: U; �a A 20.00 FOOT STRIP OF OR A DRAINAGE EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING RIBED CENTERLINE: BEGIN AT THE NORTHWEST ER OF SAID LOT 33, THENCE N 69° 30' 00"E ALONG THE NORTHERLY LINE OF SAID LOM-1-36.50 FEET;THENCE S12° 50' 29"E, 193.21 FEET;THENCE S00° 23' 33"E, 121.20 FEET; THE 77° 22'23"E, 272.96 FEET; THENCE N52° 58'58"E, 115.12 FEET; THENCE N12° 44' 17"W, 16 FEET; THENCE N18° 38' 32"W, 149.34 FEET; THENCE N690 30' 00"E,39.54 FEET,ALONG ID NORTHERLY LINE OF LOT 33 TO THE POINT OF TERMINATION. 20 FOOT DRAINAGE EASEMENT ACROSS LOT##59&60: Parcel 26• A PARCEL OF LAND SITUATE IN SECTION 17,TOWNSHIP 45 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LOTS 59 AND 60, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, INCLUSIVE, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA, BEING A DRAINAGE AND LAKE ACCESS EASEMENT 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 59, THENCE SOUTHWESTERLY ALONG THE EAST RIGHT-OF-WAY OF QUANTUM LAKES DRIVE AS SHOWN IN SAID PLAT NO. 6, SOUTH 46° 06' 06" WEST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, SOUTH 43° 13' 54" EAST, A DISTANCE OF 47.18 FEET; THENCE SOUTH 02° 01' 42" WEST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 470 10' 42"EAST, A DISTANCE OF 140.17 FEET; THENCE NORTH 46°46' 06" Page 6 of 17 Page 142 of 972 Book22771/Pagel 866 Page 7 of 18 EAST,A DISTANCE OF 43.75 FEET; THENCE SOUTH 43° 13' 54"EAST,A DISTANCE OF 200.25 FEET TO THE TERMINUS OF THE CENTERLINE. TSIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR S TENED, AS NECESSARY, IN ORDER TO MAINTAIN CONTINUOUS STRIPS OF LAND .0 EET IN WIDTH, AND TO INTERSECT EXISTING EASEMENTS AND RIGHTS OF WAY O CgRD. LO -C: a Parcel LOT 34C, TUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3 ACCORDING TO THE PLAT THE CORDED IN PLAT BOOK 60,PAGE 29, PUBLIC RECORDS OF PALM BEACH COUNTY,FL TRACTS A-1,A-2j�-A,AND 16-A: Parcel 28• 0 D ALL OF TRACTS A-I A-2, AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT �S RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BE ,CQUNTY,FLORIDA. Parcel 29• ALL OF TRACTS 15-A AND 16SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 AS ORDED IN PLAT BOOK 57, PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH CO FLORIDA. IRRIGATION EASEMENT ACROS �jCT"E": Parcel 30: BEING A PORTION OF TRACT E, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6; THENCE NORTH 460 46' 06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E,A DISTANCE OF 70.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 430 13' 54"WEST, 100.00 FEET; THENCE NORTH 460 46' 06"EAST,32.00 FEET; THENCE SOUTH 230 13' 54"EAST, 84.00 FEET; Page 7 of 17 Ela e 4 13 of 972 Book22771/Pagel 867 Page 8 of 18 THENCE NORTH 460 46'06" EAST, 233.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 430 13' 54"WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 9 . FEET,A CENTRAL ANGLE OF 30°46' 09",AN ARC DISTANCE OF 585.46 FEET; 0 T SOUTH 740 00' 03"EAST 16.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CUR ONCAVE TO THE NORTHWEST SAID POINT BEING THE NORTHWEST CORNER OF LOT 61SHOWN ON SAID PLAT (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 740005 ST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOT 61 AND LOT 60 AND ALO D CURVE HAVING A RADIUS OF 1106.19 FEET, A CENTRAL ANGLE OF 30° 46' 09",ANA TANCE OF 594.46 FEET TO THE POINT ON TANGENCY; THENCE SOUT46' 06"WEST 265.68 FEET TO THE POINT OF BEGINNING. CONTAINING 163X4.90 SQUARE FEET,MORE OR LESS. ACCESS EASEME ROSS LOT##59&60: Parcel 31: 0 A PORTION OF LOTS 59 , QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PL HEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, OF THE PU RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESC AS FOLLOWS: COMMENCING AT THE MOST NHWESTERLY CORNER OF LOT 59 LYING ON THE EAST RIGHT-OF-WAY LINE OF QUAN'' LAKES DRIVE, TRACT "E", ACCORDING TO SAID PLAT; ;z' THENCE SOUTH 460 46' 06" WEST G SAID EAST RIGHT-OF-WAY LINE AND WEST LINE OF LOT 59, A DISTANCE OF 36.81 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (SAID POINT BEARS SOUTH 590 54' 51" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 13° 12' 15", AN ARC DISTANCE OF 7.58 FEET TO A POINT OF TANGENCY; THENCE SOUTH 430 17' 24" EAST 26.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 12° 59' 29", AN ARC DISTANCE OF 41.95 FEET TO THE BEGGINNING OF A REVERSE CURVE CONCAVE TO SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 73.00 FEET, A CENTRAL ANGLE OF 23° 12' 35", AN ARC DISTANCE OF 29.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; Page 8 of 17 118 e i 44 of 972 Book22771/Pagel 868 Page 9 of 18 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 540.77 FEET, A CENTRAL ANGLE OF 05° 22' 04", AN ARC DISTANCE OF 50.66 FEET TO THE jB INNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST; E SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 43.00 F 0 CENTRAL ANGLE OF 500 27' 48", AN ARC DISTANCE OF 37.87 FEET TO THE BE ING OF A REVERSE CURVE CONCAVE TO THE SOUTH; THENCE THEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 FEET, ENTRAL ANGLE OF 19° 24' 27", AN ARC DISTANCE OF 16.49 FEET TO THE BEGINNF A REVERSE CURVE CONCAVE TO THE NORTH; THENCE N ASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CE ANGLE OF 63°42' 47", AN ARC DISTANCE OF 20.02 FEET TO A POINT OF TANGENCY; THENCE NORTHVO 47' 30" EAST, 90.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE r1TH; THENCE NORTHEAOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS A CENTRAL ANGLE OF 90° 12' 52", AN ARC DISTANCE OF 65.20 FEET TO A ENCY; THENCE SOUTH 420',N8.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE THENCE SOUTHEAD_-NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 21.34 FEI CENTRAL ANGLE OF 890 51' 14", AN ARC DISTANCE OF 33.47 FEET TO A POINT OF TAi"CY; THENCE NORTH 470 09' 08"EAST, EET; THENCE SOUTH 430 17' 24"EAST, 125.63 FEET OF SAID POINT LYING ON THE EAST LINE OF SAID LOT 60; THENCE SOUTH 47° 13' 27"WEST ALONG THE EAST LINE OF SAID LOT 60,A DISTANCE OF 127.00 FEET; THENCE NORTH 420 46' 33"WEST, 12.00 FEET; THENCE NORTH 470 13' 27" EAST, 94.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90° 30' 51", AN ARC DISTANCE OF 31.60 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 64.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; Page 9 of 17 Page 145 of 972 Book22771/Pagel 869 Page 10 of 18 THENCE NORTHWESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5.00 FEET,A CENTRAL ANGLE OF 89° 33' 28",AN ARC DISTANCE OF 7.82 FEET TO A POINT OF TANGENCY; T CE SOUTH 470 09' 08"WEST, 242.60 FEET TO THE BEGINNING OF A TANGENT CURVE O VE TO THE NORTH; T 0 SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HA A RADIUS OF 45.34 FEET, A CENTRAL ANGLE OF 89° 51' 14", AN ARC DISTANCE OF 71.10�ffT TO A POINT OF TANGENCY; THENCE ORTH 420 59' 38" WEST, 18.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVHE SOUTH; THENCE SO STERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 17.41 FEET, A CENT ANGLE OF 900 12' 52",AN ARC DISTANCE OF 27.41 FEET TO A POINT OF TANGENCY; THENCE SOUTH 4"' 30" WEST, 91.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE HEAST; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CENTRAL A 620 49' 18", AN ARC DISTANCE OF 19.74 FEET TO THE BEGINNING OF A REVER VE CONCAVE TO THE NORTH; THENCE SOUTHWESTERLNORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 , A CENTRAL ANGLE OF 2020 36' 53", AN ARC DISTANCE OF 172.20 FEET TO THE B rING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALON� ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 49° ARC DISTANCE OF 21.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 43° 17' 24" WEST, 32.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 53.82 FEET, A CENTRAL ANGLE OF 17° 59' 59", AN ARC DISTANCE OF 16.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 62.34 FEET,A CENTRAL ANGLE OF 170 59' 59", AN ARC DISTANCE OF 19.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 85.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 240 41' 22",AN ARC DISTANCE OF 14.16 FEET TO A POINT OF NON-TANGENCY, SAID POINT LYING ON THE WEST LINE OF LOT 59 AND THE EAST RIGHT-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, (SAID POINT BEARS Page 10 of 17 Page 146 of 972 Book22771/Pagel 870 Page 11 of 18 NORTH 22° 01' 14" EAST FROM THE RADIUS POINT OF THE PREVIOUSLY DESCRIBED CURVE); T NCE NORTH 460 46' 06" EAST ALONG THE WEST LINE OF LOT 59 AND THE EAST RI T-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, 54.54 FEET TO THE OF BEGINNING. P LOTS 09 10&27 FOR QUANTUM BOULEVARD ROUNDABOUT: Parc_.._.. e 2:ro A POR& OF TRACT "B" AND LOTS 9 AND 10 OF "QUANTUM PARK AT BOYNTON BEACH, P.%APORTION T NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, 184 AND 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORtFLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 3", AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31,PALM H COUNTY RECORDS,FLORIDA,THENCE N.09°05' 43"E.,ALONG V THE WEST RIGHT-OF LINE OF QUANTUM BOULEVARD, FOR 53.84 FEET TO THE POINT OF BEGINNING, POINT "A'; THENCE N.39° 20' 38"W., FOR A DISTANCE OF 6.68 FEET; THENCE N.09° ,FOR A DISTANCE OF 73.87 FEET;THENCE N.56°29' 36"E., FOR A DISTANCE OF 6.79 TO POINT "B"; THENCE 5.09° 05' 43"W., ALONG THE WEST RIGHT-OF-WAY LINE OF Q TUM BOULEVARD, FOR A DISTANCE OF 82.90 FEET TO SAID POINT"A",BEING THE POF BEGINNING. TOGETHER WITH, 0 COMMENCING AT SAID POINT "t-, NCE N.62° 46' 53"E., FOR A DISTANCE OF 124.10 FEET TO POINT "C", BEING THEF BEGINNING; THENCE 5.40° 56' 24"E., FOR A DISTANCE OF 95.33 FEET; THEN05' 43"W., FOR A DISTANCE OF 108.00 FEET; THENCE 5.590 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. DRAINAGE EASEMENT ACROSS LOT#90(TRI-RAIL) Parcel 33: 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" Page 11 of 17 Page 147 of 972 Book22771/Pagel 871 Page 12 of 18 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 210 24' 48" EAST, A DISTANCE OF 71.05 FEET; THENCE NORTH 88° 24' 22" WEST, A DI ANCE OF 253.38 FEET TO A POINT ON THE WEST LINE OF SAID LOT 90; THENCE 21° 57' 58" EAST ALONG SAID WEST LINE, A DISTANCE OF 26.67 FEET; THENCE 88° 24' 22" EAST, A DISTANCE OF 279.68 FEET; THENCE SOUTH 210 24' 48" WEST, A D CE OF 99.95 FEET; THENCE SOUTH 08° 33' 11" EAST, A DISTANCE OF 103.13 FEET; T SOUTH 030 27' 07" EAST, A DISTANCE OF 501.53 FEET TO THE POINT OF BEG G. �(n1. SURVEYOR'S NOTES: BEARINGS OWN HEREON ARE REFERENCED TO QUANTUM PARK AT BOYNTON BEACH, PIAT NO. 8, PLAT BOOK 57, PAES 196 AND 197, PUBLIC RECORDS OF PALM BEACH CO LORIDA, RESULTING IN A BEARING OF SOUTH 86° 35' 25" WEST ALONG THE SOUTH L OF LOT 90 AS SAME IS SHOWN ON SAID PLAT. ACCESS EASEMENT ACROSS PART OF TRACT"A" (CUL-DE-SAC): Parcel 34• A PORTION OF TRAC ' 'TOGETHER WITH A PORTION OF LOT 66, QUANTUM PARK AT BOYNTON BEACH, P.I. NO. 9, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60, PA OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICU Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTE ION OF THE CENTERLINE OF HIGH RIDGE ROAD (100 FOOT WIDE RIGHT OF WAY) TITHE CENTERLINE OF QUANTUM LANE (50 FOOT WIDE RIGHT OF WAY)AS SHOWN ON I PLAT; THENCE NORTH 750 49' 01"WEST, a G THE QUANTUM LANE CENTERLINE, 100.00 FEET TO THE BEGINNING OF A TANG' VE CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 916.51 FEET,A CENTRAL ANGLE OF 30°47' 10",AN ARC DISTANCE OF 492.46 FEET; THENCE SOUTH 490 15' 59"WEST, 5.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 49° 15' 59" WEST, 20.03 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 450 05' 01" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 51° 54' 11", AN ARC DISTANCE OF 22.65 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSED CURVE HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 38° 32' 44", AN ARC DISTANCE OF 40.36 FEET; Page 12 of 17 Page 148 of 972 Book22771/Pagel 872 Page 13 of 18 THENCE SOUTH 860 18' 57" WEST, 22.10 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 460 38' 02"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 E CENTRAL ANGLE OF 180 0V 42",AN ARC DISTANCE OF 23.60 FEET; T 0 NORTH 860 18' 57" EAST, 40.92 FEET TO A POINT ON THE ARC OF A NON- TAT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NWH 40°02' 57"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CL ANGLE OF 460 52' 08", AN ARC DISTANCE OF 35.72 FEET TO A POINT OF REVERSE TURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, A CENTRNGLE OF 53° 45' 48", AN ARC DISTANCE OF 42.23 FEET TO THE POINT INNING. OF BEGV LESS THE FOLLD ING: 0 PART OF PARK RIDGE VARD FOR SCHOOL: THAT PORTION OF PAR %BOYNTON BOULEVARD TRACT "F" OF QUANTUM PARK AT BEACH P.I.D. PL4, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK O IRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PL , 57, PAGE 186, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q BEGIN AT THE NORTHWEST CO F SAID LOT 53, THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID PARK 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 030 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 890 12' 52"FOR 835.80 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, SO10 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, N420 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 860 59' 23" FOR 966.78 FEET TO A POINT OF TANGENCY; THENCE N00° 02' 36"E Page 13 of 17 Book22771/Page 1873 Page 14 of 18 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 060 27' 17"FOR 636.77 FEET; CE DEPARTING SAID WESTERLY RIGHT-OF-WAY, N90° 00' 00"E FOR 100.62 FEET TO STERLY RIGHT-OF-WAY OF SAID PARK RIDGE BOULEVARD TRACT "F", BEING A C OCONCAVE TO THE WEST, HAVING A RADIUS OF 5752.40 FEET, WHERE THE LINE BEARS 5830 42' 03"W; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY A VE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 030 10' 44" FOR 319.17 FEET TO TIM WNT OF BEGINNING. LIFT ST�1N: THE LAND TIFIED AS THE "LIFT STATION" ON PAGE 2 OF THE PLAT OF QUANTUM PARK AT B N BEACH,P.I.D., PLAT NO. 5 RECORDED IN PLAT BOOK 57,PAGE 189 OF THE PUBLIC RDS OF PALM BEACH COUNTY,FLORIDA, SITUATE, LYING AND BEING IN PALM BEACFk�"TY,FLORIDA. PART OF TRACTS r`r '1 AND"O" (QUANTUM LAKES DRIVE &LAKE): D A PARCEL OF PROP BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNT ARIDA, BEING A REPLAT OF A PORTION OF TRACTS E AND Q, QUANTUM PARK AT N BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PA ACH COUNTY, FLORIDA, SHOWN HEREON AS "QUANTUM PARK AT BOYNTON B P.I.D. PLAT NO. 6 REPLAT NO. V BEING MORE PARTICULARLY DESCRIBE LLOWS: BEING A PORTION OF TRAC P :�f1ND Q, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, 191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICULARLY�CRIBED AS FOLLOWS: COMMENCING AT THE MOSTY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6, RUN THENCE 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E, A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID NORTHWESTERLY LINE OF LOT 60 AND SAID SOUTHEASTERLY LINE OF SAID TRACT E), A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF TRACT Q, AS SAME IS SHOWN ON SAID PLAT NO. 6: THENCE NORTH 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG SAID SOUTHEASTERLY LINE OF TRACT Q, A DISTANCE OF 85.86 FEET; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID SOUTHEASTERLY LINE OF TRACT Q),A DISTANCE OF 34.76 FEET;THENCE NORTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 95.49 FEET; THENCE NORTH 44 DEGREES 31 MINUTES 24 SECONDS EAST,A DISTANCE OF 143.54 FEET;THENCE NORTH 57 DEGREES 07 MINUTES 22 SECONDS EAST, A DISTANCE OF 59.93 FEET; THENCE NORTH 35 DEGREES 05 MINUTES 07 SECONDS EAST, A DISTANCE OF 48.60 FEET; THENCE NORTH 25 DEGREES 24 MINUTES 11 SECONDS EAST, A DISTANCE OF 48.26 FEET; THENCE NORTH 33 DEGREES 26 MINUTES 59 SECONDS EAST, A DISTANCE OF 87.46 FEET; THENCE NORTH 38 DEGREES 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 97.65 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 25 SECONDS EAST, A DISTANCE OF 140.69 FEET; THENCE NORTH02 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 33.53 FEET; THENCE NORTH 08 DEGREES 18 MINUTES 59 SECONDS EAST,A DISTANCE OF 124.56 FEET; THENCE NORTH 15 Page 14 of 17 Page- Book22771/Page1874 Page 15 of 18 DEGREES 13 MINUTES 07 SECONDS EAST, A DISTANCE OF 112.61 FEET; THENCE NORTH 20 DEGREES 49 MINUTES 41 SECONDS WEST,A DISTANCE OF 62.02 FEET; THENCE NORTH 52 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 22.22 FEET; THENCE NORTH 57 DI3qREES 45 MINUTES 47 SECONDS WEST, A DISTANCE OF 132.16 FEET TO THE POINT ON JO CONCAVE TO THE SOUTH HAVING A RADIUS OF 1583.02 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29 DEGREES 32 MINUTES 57 SECONDS THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A L ANGLE OF 21 DEGREES 29 MINUTES 20 SECONDS, A DISTANCE OF 593.71 FEET INT ON THE EAST LINE OF SAID TRACT E, SAID EAST LINE BEING A CURVE CONC��EGREES OUTHEASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUT 03 MINUTES 37 SECONDS EAST); THENCE SOUTHWESTERLY ALONG SAID E OF TRACT E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRALOF 81 DEGREES 48 MINUTES 48 SECONDS A DISTANCE OF 439.28 FEET TO A POINVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS19 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH ANGLE OF 46 DEGREES 38 MINUTES 30 SECONDS, A DISTANCE OF 900.50 FEET TOOINT OF TANGENCY; THENCE SOUTH 46 DEGREES 46 MINUTES 46 SECONDS WEST, DISTANCE OF 321.40 FEET TO THE POINT OF BEGINNING. PART OF TRACT " LANES- UANTUM BOULEVARD): A PORTION OF TRAC i QF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, ACCORDING TO THE P REOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND 185 OF THE PUBLIC S OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIB FOLLOWS: BEGINNING AT THE SOUTH�ORNER OF LOT 24 OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS ED IN PLAT BOOK 60,PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORDS, FL A; THENCE S12' 34' 13"W, ALONG THE WEST RIGHT- OF-WAY LINE OF QUANTUM BO ARD, FOR 133.91 FEET; THENCE S77° 25' 47"E, FOR 50.00 FEET (THE NEXT 3 COU EING ALONG THE CENTERLINE OF QUANTUM BOULEVARD); THENCE N12° 34' 1 ' R 276.91 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; T NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6937.50 FEET AND A CENTRAL ANGLE OF 030 28' 30", FOR 420.76 FEET TO A POINT OF TANGENCY; THENCE N09° 05' 43"E, FOR 9.51 FEET TO POINT "A'; THENCE N390 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 030 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 580 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 Page 15 of 17 151 of 972 Book22771/Pagel 875 Page 16 of 18 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; =N56-29' 36"E,FOR 67.93 FEET TO POINT"B",BEING THE POINT OF BEGINNING. "A"(QUANTUM LANE),: Q ALTRACT"A" QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 9, PLAT BOOK 60,WS 32-33 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID" PARTS T CTS"E" "B" "P"AND" "(QUANTUM LAKES DRIVEQUANTUM BOULEV WATER MANAGEMENT LAKES BEIN RTION OF TRACT E,A PORTION OF TRACT B,A PORTION OF WATER MANAGEMEN T CT P AND A PORTION OF WATER MANAGEMENT TRACT Q, QUANTUM PARK AT BOYN BEACH,P.I.D. PLAT NO. 6,PLAT BOOK 57,PAGES 191 THROUGH 193, PUBLIC RECORD`S�OF PALM BEACH COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: BEGINNING E MOST SOUTHERLY CORNER OF TRACT 101,QUANTUM PARK AT BOYNTON BEAC PLAT NO. 6,REPLAT NO. 1,PLAT BOOK 94,PAGES 176 THROUGH 177,PUBLI ARDS OF PALM BEACH COUNTY,FLORIDA, RUN THENCE SOUTH 4646'06" WEST THE SOUTHERLY LINE OF SAID TRACT E,A DISTANCE OF 234.56 FEET TO THE PO URVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 67 ET;THENCE SOUTHWESTERLY CONTINUING ALONG THE SAID SOUTHERLY LINE OF E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4500'0 ' STANCE OF 528.20 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CO E TO THE NORTH HAVING A RADIUS OF 600.00 FEET; THENCE WESTERLY ALONG T C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4618'32",A DISTANCE OF 484.95 A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVIN IUS OF 370.39 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE GH A CENTRAL ANGLE OF 5810'10",A DISTANCE OF 376.04 FEET TO THE ORTHERLY CORNER OF LOT 52,QUANTUM PARK AT BOYNTON BEACH P.I.D.,PLAT NO. 5,PLAT BOOK 57,PAGES 189 THROUGH 190, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA;THENCE NORTH 3557'52"EAST,A DISTANCE OF 1.45 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD, SAID SOUTH RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT E, SAID NORTH LINE ALSO BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 0948'51"WEST; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF TRACT E AND AN EASTERLY EXTENSION THEREOF AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1650'15",A DISTANCE OF 493.83 FEET;THENCE SOUTH 27-20'01"EAST(DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD),A DISTANCE OF 60.48 FEET; THENCE SOUTH 3212'46"WEST,A DISTANCE OF 59.45 FEET;THENCE SOUTH 0110'21" WEST,A DISTANCE OF 36.31 FEET;THENCE SOUTH 1819'22"EAST,A DISTANCE OF 61.97 FEET;THENCE SOUTH 5116'20"EAST,A DISTANCE OF 63.39 FEET;THENCE SOUTH 6758'55"EAST,A DISTANCE OF 196.73 FEET;THENCE SOUTH 7903'27"EAST,A DISTANCE OF 64.97 FEET;THENCE NORTH 6339'33"EAST,A DISTANCE OF 91.62 FEET; THENCE SOUTH 8827'13"EAST,A DISTANCE OF 60.93 FEET;THENCE NORTH 87-35'30" EAST,A DISTANCE OF 78.26 FEET;THENCE NORTH 5949'02" EAST,A DISTANCE OF 60.71 FEET; THENCE NORTH 53--21'50"EAST,A DISTANCE OF 138.47 FEET;THENCE NORTH 3307'12" Page 16 of 17 Book22771/Pagel 876 Page 17 of 18 EAST,A DISTANCE OF 18.99 FEET;THENCE NORTH 1018'56" WEST,A DISTANCE OF 41.37 FEET;THENCE NORTH 3711'04" WEST,A DISTANCE OF 42.62 FEET; THENCE NORTH 4624'56"WEST,A DISTANCE OF 68.74 FEET;THENCE NORTH 6659'36"WEST,A DISTANCE OF 2 5.11 FEET;THENCE NORTH 3942'05" WEST,A DISTANCE OF 68.92 FEET; THENCE CE H 336'25"WEST,A DISTANCE OF 44.89 FEET;THENCE NORTH 2808'17" WEST,A bf'SCE OF 69.51 FEET;THENCE NORTH 3550'47"WEST,A DISTANCE OF 133.92 FEET TO A .ON THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEWAY BOULEVARD, S UTHERLY RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT B, SAI TH LINE ALSO BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RAD �&OULEVARD 680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 4226'42" WEST; THENRTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEW AND ALONG SAID NORTH LINE OF TRACT B AND ALONG THE ARC OF S URVE THROUGH A CENTRAL ANGLE OF 047'12",A DISTANCE OF 23.07 FEET TO T INT OF TANGENCY;THENCE NORTH 4646'06"EAST CONTINUING ALONG THE SAID S GHT OF WAY LINE OF GATEWAY BOULEVARD AND SAID NORTH LINE OF TRA ,A DISTANCE OF 126.58 FEET;THENCE SOUTH 5404'05"EAST (DEPARTING FR AID SOUTH RIGHT OF WAY LINE AND SAID NORTH LINE OF TRACT B),A DISTANCE 152.06 FEET;THENCE SOUTH 5304'29"EAST,A DISTANCE OF 57.82 FEET; THENCE SO 3507'29"EAST,A DISTANCE OF 65.01 FEET;THENCE SOUTH 4330'50" EAST,A NCE OF 150.19 FEET;THENCE SOUTH 3059'27"EAST,A DISTANCE OF 33.97 FEET;THE OUTH 4313'54"EAST,A DISTANCE OF 121.93 FEET TO A POINT ON THE NORTHERLY SAID TRACT 101;THENCE SOUTH 4646'06" WEST ALONG SAID NORTHERLY LIN TANCE OF 22.84 FEET;THENCE SOUTH 4313'54"EAST ALONG THE SOUTHWES LINE OF SAID TRACT 101,A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNIN CONTAINING 7.605 A S,MORE OR LESS. 0 Q Page 17 of 17 Page 153 sf-972— Book22771/Page 1877 Page 18 of 18 PAPA Banner Location Address "+Tualclalltw BOYNTON BEACH Parcel Control Nunber 08-43-45-17-07-000-0151 SuNfivision QUANTUM PK AT BOYNTON BCH PL 2 Official Records Book 22771 Page 1860 Sale Tate JUL-2008 Legal Description QUANTUM PK AT BOYNTON BCH PL 2LTS 15-A&16-A OF TR H Owners -- Mailing address QUANTUM PARK OVERLAY 2501 BURNS RD STE A DEPENDENT DISTRICT PALM BEACH GARDENS FL 33410 5207 Sales Date Price 11€nol R Sale Type Owner JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DISTRICT APR $1 13650/ WARRANTY QUANTUM COMMUNITY DEV DISTRICT 2002 00052 DEED JUN- $100 10540/ WARRANTY 1998 00051 DEED Exe tion Applicant/Ow er star Detail QUANTUM PARK OVERLAY 2019 FULL.GOVT INDEPENDENT DISTS DEPENDENT DISTRICT *Total S�I�nare I u nber cif"Units 0 Feet t 0 Acres 3.1404 9500- Zoning PID-Planued Industrial Ded(08- 1Jsa Cade RIVER/LAKES BOYNTON BEACH) Tax Year 2018 2017 2016 Improvement Valu $0 $0 $0 Laud Valu $942 $942 $942 Total Market Valu $942 $942 $942 All values are as of January 1st each year 'T'ax Year --2018 2017 2016 Assessed Valu $942 $942 $942'' E xemption Amount $942 $942 $942 'T'axable Valu $0 $0 $0 Tax Year --2018 2017 2016 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0''' Total tax $0 $0 $0 Page 154 of 972 11111111111111111111112 h1ININ11111112 CPN 20080275719 OR BK 22771 PG 1860 WC-70 RECORDED 07/23/2008 15:55:23 THIS INSTRUMENT PREPARED BY AND RETURN TO: Palm Beach County, Florida BERNARD A.CONKO,ESQ. Sharon R. Bock,CLERK & COKPTROLLER COHEN,NORRIS,SCHERER,WEINBERGER&WOLMER PJB 1860 — 1877 (18pgo) 712 U.S. HWAY ONE, #400 NORT BEACH,FL 33408 Prope 1 Numbers:n/a Q SPECIAL WARRANTY DEED 0 THI CIAL WARRANTY DEED made this day of �� I� ,2008,between QUANTUM COMMUNI E ELOPMENT DISTRICT,an independent special district eated pursuant to Chapter ct c Florida Statutes,Grantor, ANTUM PARK OVERLAY DEPENDENT DISTRICT,a dependent special district created pursuant to Chapte lorida Statutes,whose post office address is 2501-A Burns Road,Palm Beach Gardens,Florida 33410,Grantee. WITNESSETH at said Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideratiO14 said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold t said Grantee,and Grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Bea ty,Florida,to-wit: See Exhibit A attaceto and incorporated herein by reference 0 SUBJECT to the reservati�is_ „fictions and easements of record and those set forth in the attached Exhibit B. TO HAVE AND TO HOLD ove granted,bargained and described premises in fee simple forever. And said Grantor does hereby fut the title to said land,and will defend the same against the lawful claims of I persons claiming by,through or the Grantor. IN W ESS WHE F,Grantor has here�(ur�� t Grantor's hand and seal the day and year first above written. Sign ,sealed and n the presence of- QUANJUM COM UNITY DEVELOPMENT DISTRICT TNESS /� � f rinted Name' By: f M.C.Fergu on,Chairman 2501-A Burns Road Palm Beach Gardens,Florida 33410 I SS �, / ne Printed Name:�i°t// /t� fi/ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged to me this_LL2008day of �U ` by M.C.Ferguson, Chairman,of QUANTUM COMMUNITY DEVELOPMENT DISTRICT ho is M ersonally wn to a or[ ]who has produced as identification. /`/� (SEAL) BERNARD A.CON a ub is VW noi# w rint Name: orw9,210 SMRES:July2o m Expire: I-WO-3NOMW PL NMry Db=m t Ateoa Co. Page 155 of 972 Book22771/Pagel 860 Page 1 of 18 EXHIBIT"A" LEGAL DESCRIPTION FOR REAL PROPERTY AND IMPROVEMENTS VLUANTUM BOULEVARD: O Pa ALL F jTCT"C"AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, F.I.D. O. 1-A,AS RECORDED IN PLAT BOOK 57,AT PAGES 180 AND 181,OF THE PUBLICORDS OF PALM BEACH COUNTY,FLORIDA. TOGETHE H: Parcel 2• ALL OF TRACT'V,AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO.1 A CORDED IN PLAT BOOK 57,AT PAGES 182 AND 183,OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: a Parcel 3• ALL OF TRACT"B",AS SHOTHE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2,AS RECO*BACIJ PLAT BOOK 57,AT PAGES 184 AND 185,OF THE PUBLIC RECORDS OF PALCOUNTY,FLORIDA. TOGETHER WITH: Q 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 PLAM 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 PLAM BEACH COUNTY,FLORIDA. Page 1 of 17 Page 156 of 972 Book22771/Pagel 861 Page 2 of 18 AND THE FOLLOWING FOR PARK RIDGE BOULEVARD: Parcel 6• A F TRACT"F",AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, LAT NO.4,AS RECORDED IN PLAT BOOK 57,AT PAGES 186, 187 AND 188,OF THE CCORDS OF PLAM BEACH COUNTY,FLORIDA. ANDviHnUOLLOWING FOR ALPHA DRIVE AND BETA DRIVE: Parcel 7..Q ✓ ALL OF T "A",TOGETHER WITH ALL OF TRACT"B',AS SHOWN ON THE PLAT, QUANTUM T BOYNTON BEACH,P.I.D.PLAT NO. 10,AS RECORDED IN PLAT BOOK 60,AT PA*GES , 5 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE FOLLOWYN6FOR HIGH RIDGE ROAD: Parcel 8• ALL OF TRACT"C",AS ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.P.PLAT NO. 6,AS REC IN PLAT BOOK 57,AT PAGES 191, 192 AND 193 OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: V Parcel 9• 0 ALL OF TRACT"C",AS SHOWN ON LAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO. 5,AS RECORDED BOOK 57,AT PAGES 189 AND 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNT A. 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 THE FOLLOWING TWO DESCRIBED PARCELS: 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. '/4)OF SAID SECTION 21, BOUNDED AS FOLLOWS: Page 2 of 17 Page 157 of 972 Book22771/Page 1862 Page 3 of 18 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- , AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN DEED RECORDED IN OFFICIAL RDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY; SOUTH: BY A LINE 367.49 FEET NORTH OF(AS MEASURED AT RIGHT ANGLES TPARALLEL WITH THE NORTH RIGHT-OF-WAY OF SAID BOYNTON CANAL,C-16; OMTEAST: BY A LINE 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) A RALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER (N.W. '/4) OF SAI CTION 21. IT IS INTETHAT THE NORTH LINE, THE EAST LINE AND THE SOUTH LINE OF THIS PARCEL BE MON LINE RESPECTIVELY TO: THE WESTERLYTENSION OF THE NORTH LINE, THE WEST LINE, AND THE WESTERLY EXTENSION OF SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE J. AND HARRIET GOTS AND DESCRIBED AS PARCEL"D" IN DEED RECORDED IN OFFICIAL RECORD BOOK 5139,rGE 0153. A PARCEL OF LAND si IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BE ATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40.00 FEET OF T RTHWEST ONE-QUARTER(N.W. 1/4)OF SAID SECTION 21, LYING NORTH OF THE N GHT-OF-WAY LINE OF THE BOYNTON CANAL (A PERPETUAL EASEMENT) 'CO BY THE CENTRAL AND SOUTHERN FLOOD CONTROL DISTRICT AS RECORDED IN O AL RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY, - kRED TH OF A LINE 367.49 FEET NORTH OF (AS MEASURED AT RIGHT ANGLESSAID NORTH RIGHT-OF-WAY LINE, SAID LINE ALSO BEING THE NORTH LINE OERTAIN PARCEL CONVERYED TO CURT G. JOA- INC., AS DESCRIBED IN A DEED IN OFFICIAL RECORDS BOOK 1711, PAGE 371 OF THE PUBLIC RECORDS OF SAID COUNTY. AND THE FOLLOWING FOR QUANTUM LANE: Parcel 12: ALL OF TRACT "A", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.9, AS RECORDED IN PLAT BOOK 60, AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. 1. QUANTUM BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR CONGRESS AVENUE, A PORTION OF TRACT "A", AS SHOWN ON SAID PLAT, QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO. 1-A. 2. PARK RIDGE BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR N.W. 22nD AVENUE, A PORTION OF TRACT "U", AS SHOWN ON SAID PLAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NOA. Page 3 of 17 Page 158 of 972 Book22771/Pagel 863 Page 4 of 18 AND THE FOLLOWING FOR TWO WETLAND CONSERVATION AREAS: Parcel 13• F TRACT "W", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, LAT NO.2, AS RECORDED IN PLAT BOOK 57,AT PAGES 184 AND 185 OF THE PUBLIC RIS OF PALM BEACH COUNTY,FLORIDA. TO R WITH: 0 Parcel ALL OFT T "T", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLA 3, AS RECORDED IN PLAT BOOK 60, AT PAGES 29, 30 AND 31 OF THE PUBLIC REC OF PALM BEACH COUNTY,FLORIDA. AND THE FOL G FOR TWO SAND PINE PRESERVES: Parcel 15: Q ALL OF LOT 93, ASON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS RECO JN PLAT BOOK 60, AT PAGES 29, 30, AND 31 OF THE PUBLIC RECORDS OF PALM BE � UNTY,FLORIDA. TOGETHER WITH: Parcel 16• ALL OF LOT 71,AS SHOWN ON T —LAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO.9,AS RECORDED IN PL OK 60,AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUN ORIDA. THE ABOVE DESCRIBED LANDS ARA�ATED IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. AND THE FOLLOWING WETLAND AREAS: Parcel 17: TRACT "A", (LAKE) AS SHOWN AS LOT 1-A 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,AND Parcel 18• TRACT"I", (LAKE)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,AND Parcel 19• TRACT "J", (DETENTION) AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3,AS RECORDED IN PLAT BOOK 60,AT PAGES 29, 30 AND 31,AND Page 4 of 17 Page 159 of 972 Book22771/Page1864 Page 5 of 18 Parcel 20• TRACT "K", (LAKE) AND TRACT "S" (LAKE) AS SHOWN AS LOT 1-A ON THE PLAT Q NTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.5,AS RECORDED IN PLAT BOOK 57, A GES 189 AND 190,AND 2 TRAM",(LAKE) AND TRACT"P"(LAKE)AND TRACT"Q"(LAKE)AS SHOWN AS LOT I- A O PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.6, AS RECORDED IN PLA OK 57,AT PAGES 191, 192 AND 193. ALL THEE DESCRIBED LANDS ARE SITUATED IN THE CITY OF BOYNTON BEACH, PALM BEA OUNTY,FLORIDA. TOGETHER WI: Parcel 22: Zs' TRI-RAIL ACCESS A PARCEL OF LANkSOUTHE SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 WEST, PALM BEACH COUNALSO BEING A PORTION OF TRACTS 90 AND 91 OF THE PLAT OF QUANTUM NTON BEACH, P.I.D. PLAT NO. 8, AS RECORDED IN PLAT BOOK 57, AT PAGESOF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,BEING MORLY DESCRIBED AS FOLLOWS: BEGINNING AT THEC ORNER OF SAID TRACT 90; THENCE SOUTH 86' 35' 25" WEST, ALONG THE SOUTH LIN TRACT, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 91, A DISTAN FEET; THENCE SOUTH 35° 46' 19" WEST, A DISTANCE OF 38.76 FEET TO A POHE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING AOF 566.00 FEET AND A CENTRAL ANGLE OF 100 08' 06" (A RADIAL LINE PASSING SAID POINT BEARS NORTH 740 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. 12 FOOT DRAINAGE EASEMENT ACROSS LOT#13 : Parcel 23: 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: Page 5 of 17 Page 160 of 972 Book22771/Pagel 865 Page 6 of 18 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 010 16' 01" EAST A DISTANCE OF 170.61 FEET; ffENORTH 75° 20' 02" WEST A DISTANCE OF 310.33 FEET TO A POINT LYING ON THE RLY LINE OF SAID LOT 13 AND THE WESTERLY TERMINUS OF THIS DESCRIPTION. i°Z"(LAKE): Parc"' : 0TRAC4 QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 5 ACCORDING TO THE PLAT T OF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAL CH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 57,PAGE 189. 20 FOOT D"AGE EASEMENT ACROSS LOT##32 33 &34: Parcel 25• A PORTION OF LOT02, 33, AND 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDINTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 29 THROUGH 31 OF T LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: U; �a A 20.00 FOOT STRIP OF OR A DRAINAGE EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING RIBED CENTERLINE: BEGIN AT THE NORTHWEST ER OF SAID LOT 33, THENCE N 69° 30' 00"E ALONG THE NORTHERLY LINE OF SAID LOM-1-36.50 FEET;THENCE S12° 50' 29"E, 193.21 FEET;THENCE S00° 23' 33"E, 121.20 FEET; THE 77° 22'23"E, 272.96 FEET; THENCE N52° 58'58"E, 115.12 FEET; THENCE N12° 44' 17"W, 16 FEET; THENCE N18° 38' 32"W, 149.34 FEET; THENCE N690 30' 00"E,39.54 FEET,ALONG ID NORTHERLY LINE OF LOT 33 TO THE POINT OF TERMINATION. 20 FOOT DRAINAGE EASEMENT ACROSS LOT##59&60: Parcel 26• A PARCEL OF LAND SITUATE IN SECTION 17,TOWNSHIP 45 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LOTS 59 AND 60, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, INCLUSIVE, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA, BEING A DRAINAGE AND LAKE ACCESS EASEMENT 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 59, THENCE SOUTHWESTERLY ALONG THE EAST RIGHT-OF-WAY OF QUANTUM LAKES DRIVE AS SHOWN IN SAID PLAT NO. 6, SOUTH 46° 06' 06" WEST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, SOUTH 43° 13' 54" EAST, A DISTANCE OF 47.18 FEET; THENCE SOUTH 02° 01' 42" WEST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 470 10' 42"EAST, A DISTANCE OF 140.17 FEET; THENCE NORTH 46°46' 06" Page 6 of 17 Page 161 of 972 Book22771/Pagel 866 Page 7 of 18 EAST,A DISTANCE OF 43.75 FEET; THENCE SOUTH 43° 13' 54"EAST,A DISTANCE OF 200.25 FEET TO THE TERMINUS OF THE CENTERLINE. TSIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR S TENED, AS NECESSARY, IN ORDER TO MAINTAIN CONTINUOUS STRIPS OF LAND .0 EET IN WIDTH, AND TO INTERSECT EXISTING EASEMENTS AND RIGHTS OF WAY O CgRD. LO -C: a Parcel LOT 34C, TUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3 ACCORDING TO THE PLAT THE CORDED IN PLAT BOOK 60,PAGE 29, PUBLIC RECORDS OF PALM BEACH COUNTY,FL TRACTS A-1,A-2j�-A,AND 16-A: Parcel 28• 0 D ALL OF TRACTS A-I A-2, AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT �S RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BE ,CQUNTY,FLORIDA. Parcel 29• ALL OF TRACTS 15-A AND 16SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 AS ORDED IN PLAT BOOK 57, PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH CO FLORIDA. IRRIGATION EASEMENT ACROS �jCT"E": Parcel 30: BEING A PORTION OF TRACT E, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6; THENCE NORTH 460 46' 06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E,A DISTANCE OF 70.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 430 13' 54"WEST, 100.00 FEET; THENCE NORTH 460 46' 06"EAST,32.00 FEET; THENCE SOUTH 230 13' 54"EAST, 84.00 FEET; Page 7 of 17 Ela e 4 62 of 972 Book22771/Pagel 867 Page 8 of 18 THENCE NORTH 460 46'06" EAST, 233.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 430 13' 54"WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 9 . FEET,A CENTRAL ANGLE OF 30°46' 09",AN ARC DISTANCE OF 585.46 FEET; 0 T SOUTH 740 00' 03"EAST 16.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CUR ONCAVE TO THE NORTHWEST SAID POINT BEING THE NORTHWEST CORNER OF LOT 61SHOWN ON SAID PLAT (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 740005 ST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOT 61 AND LOT 60 AND ALO D CURVE HAVING A RADIUS OF 1106.19 FEET, A CENTRAL ANGLE OF 30° 46' 09",ANA TANCE OF 594.46 FEET TO THE POINT ON TANGENCY; THENCE SOUT46' 06"WEST 265.68 FEET TO THE POINT OF BEGINNING. CONTAINING 163X4.90 SQUARE FEET,MORE OR LESS. ACCESS EASEME ROSS LOT##59&60: Parcel 31: 0 A PORTION OF LOTS 59 , QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PL HEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, OF THE PU RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESC AS FOLLOWS: COMMENCING AT THE MOST NHWESTERLY CORNER OF LOT 59 LYING ON THE EAST RIGHT-OF-WAY LINE OF QUAN'' LAKES DRIVE, TRACT "E", ACCORDING TO SAID PLAT; ;z' THENCE SOUTH 460 46' 06" WEST G SAID EAST RIGHT-OF-WAY LINE AND WEST LINE OF LOT 59, A DISTANCE OF 36.81 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (SAID POINT BEARS SOUTH 590 54' 51" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 13° 12' 15", AN ARC DISTANCE OF 7.58 FEET TO A POINT OF TANGENCY; THENCE SOUTH 430 17' 24" EAST 26.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 12° 59' 29", AN ARC DISTANCE OF 41.95 FEET TO THE BEGGINNING OF A REVERSE CURVE CONCAVE TO SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 73.00 FEET, A CENTRAL ANGLE OF 23° 12' 35", AN ARC DISTANCE OF 29.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; Page 8 of 17 118 e i 63 of 972 Book22771/Pagel 868 Page 9 of 18 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 540.77 FEET, A CENTRAL ANGLE OF 05° 22' 04", AN ARC DISTANCE OF 50.66 FEET TO THE jB INNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST; E SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 43.00 F 0 CENTRAL ANGLE OF 500 27' 48", AN ARC DISTANCE OF 37.87 FEET TO THE BE ING OF A REVERSE CURVE CONCAVE TO THE SOUTH; THENCE THEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 FEET, ENTRAL ANGLE OF 19° 24' 27", AN ARC DISTANCE OF 16.49 FEET TO THE BEGINNF A REVERSE CURVE CONCAVE TO THE NORTH; THENCE N ASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CE ANGLE OF 63°42' 47", AN ARC DISTANCE OF 20.02 FEET TO A POINT OF TANGENCY; THENCE NORTHVO 47' 30" EAST, 90.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE r1TH; THENCE NORTHEAOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS A CENTRAL ANGLE OF 90° 12' 52", AN ARC DISTANCE OF 65.20 FEET TO A ENCY; THENCE SOUTH 420',N8.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE THENCE SOUTHEAD_-NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 21.34 FEI CENTRAL ANGLE OF 890 51' 14", AN ARC DISTANCE OF 33.47 FEET TO A POINT OF TAi"CY; THENCE NORTH 470 09' 08"EAST, EET; THENCE SOUTH 430 17' 24"EAST, 125.63 FEET OF SAID POINT LYING ON THE EAST LINE OF SAID LOT 60; THENCE SOUTH 47° 13' 27"WEST ALONG THE EAST LINE OF SAID LOT 60,A DISTANCE OF 127.00 FEET; THENCE NORTH 420 46' 33"WEST, 12.00 FEET; THENCE NORTH 470 13' 27" EAST, 94.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90° 30' 51", AN ARC DISTANCE OF 31.60 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 64.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; Page 9 of 17 Page 164 of 972 Book22771/Pagel 869 Page 10 of 18 THENCE NORTHWESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5.00 FEET,A CENTRAL ANGLE OF 89° 33' 28",AN ARC DISTANCE OF 7.82 FEET TO A POINT OF TANGENCY; T CE SOUTH 470 09' 08"WEST, 242.60 FEET TO THE BEGINNING OF A TANGENT CURVE O VE TO THE NORTH; T 0 SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HA A RADIUS OF 45.34 FEET, A CENTRAL ANGLE OF 89° 51' 14", AN ARC DISTANCE OF 71.10�ffT TO A POINT OF TANGENCY; THENCE ORTH 420 59' 38" WEST, 18.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVHE SOUTH; THENCE SO STERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 17.41 FEET, A CENT ANGLE OF 900 12' 52",AN ARC DISTANCE OF 27.41 FEET TO A POINT OF TANGENCY; THENCE SOUTH 4"' 30" WEST, 91.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE HEAST; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CENTRAL A 620 49' 18", AN ARC DISTANCE OF 19.74 FEET TO THE BEGINNING OF A REVER VE CONCAVE TO THE NORTH; THENCE SOUTHWESTERLNORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 , A CENTRAL ANGLE OF 2020 36' 53", AN ARC DISTANCE OF 172.20 FEET TO THE B rING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALON� ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 49° ARC DISTANCE OF 21.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 43° 17' 24" WEST, 32.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 53.82 FEET, A CENTRAL ANGLE OF 17° 59' 59", AN ARC DISTANCE OF 16.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 62.34 FEET,A CENTRAL ANGLE OF 170 59' 59", AN ARC DISTANCE OF 19.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 85.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 240 41' 22",AN ARC DISTANCE OF 14.16 FEET TO A POINT OF NON-TANGENCY, SAID POINT LYING ON THE WEST LINE OF LOT 59 AND THE EAST RIGHT-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, (SAID POINT BEARS Page 10 of 17 Page 165 of 972 Book22771/Pagel 870 Page 11 of 18 NORTH 22° 01' 14" EAST FROM THE RADIUS POINT OF THE PREVIOUSLY DESCRIBED CURVE); T NCE NORTH 460 46' 06" EAST ALONG THE WEST LINE OF LOT 59 AND THE EAST RI T-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, 54.54 FEET TO THE OF BEGINNING. P LOTS 09 10&27 FOR QUANTUM BOULEVARD ROUNDABOUT: Parc_.._.. e 2:ro A POR& OF TRACT "B" AND LOTS 9 AND 10 OF "QUANTUM PARK AT BOYNTON BEACH, P.%APORTION T NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, 184 AND 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORtFLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 3", AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31,PALM H COUNTY RECORDS,FLORIDA,THENCE N.09°05' 43"E.,ALONG V THE WEST RIGHT-OF LINE OF QUANTUM BOULEVARD, FOR 53.84 FEET TO THE POINT OF BEGINNING, POINT "A'; THENCE N.39° 20' 38"W., FOR A DISTANCE OF 6.68 FEET; THENCE N.09° ,FOR A DISTANCE OF 73.87 FEET;THENCE N.56°29' 36"E., FOR A DISTANCE OF 6.79 TO POINT "B"; THENCE 5.09° 05' 43"W., ALONG THE WEST RIGHT-OF-WAY LINE OF Q TUM BOULEVARD, FOR A DISTANCE OF 82.90 FEET TO SAID POINT"A",BEING THE POF BEGINNING. TOGETHER WITH, 0 COMMENCING AT SAID POINT "t-, NCE N.62° 46' 53"E., FOR A DISTANCE OF 124.10 FEET TO POINT "C", BEING THEF BEGINNING; THENCE 5.40° 56' 24"E., FOR A DISTANCE OF 95.33 FEET; THEN05' 43"W., FOR A DISTANCE OF 108.00 FEET; THENCE 5.590 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. DRAINAGE EASEMENT ACROSS LOT#90(TRI-RAIL) Parcel 33: 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" Page 11 of 17 Page 166 of 972 Book22771/Pagel 871 Page 12 of 18 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 210 24' 48" EAST, A DISTANCE OF 71.05 FEET; THENCE NORTH 88° 24' 22" WEST, A DI ANCE OF 253.38 FEET TO A POINT ON THE WEST LINE OF SAID LOT 90; THENCE 21° 57' 58" EAST ALONG SAID WEST LINE, A DISTANCE OF 26.67 FEET; THENCE 88° 24' 22" EAST, A DISTANCE OF 279.68 FEET; THENCE SOUTH 210 24' 48" WEST, A D CE OF 99.95 FEET; THENCE SOUTH 08° 33' 11" EAST, A DISTANCE OF 103.13 FEET; T SOUTH 030 27' 07" EAST, A DISTANCE OF 501.53 FEET TO THE POINT OF BEG G. �(n1. SURVEYOR'S NOTES: BEARINGS OWN HEREON ARE REFERENCED TO QUANTUM PARK AT BOYNTON BEACH, PIAT NO. 8, PLAT BOOK 57, PAES 196 AND 197, PUBLIC RECORDS OF PALM BEACH CO LORIDA, RESULTING IN A BEARING OF SOUTH 86° 35' 25" WEST ALONG THE SOUTH L OF LOT 90 AS SAME IS SHOWN ON SAID PLAT. ACCESS EASEMENT ACROSS PART OF TRACT"A" (CUL-DE-SAC): Parcel 34• A PORTION OF TRAC ' 'TOGETHER WITH A PORTION OF LOT 66, QUANTUM PARK AT BOYNTON BEACH, P.I. NO. 9, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60, PA OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICU Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTE ION OF THE CENTERLINE OF HIGH RIDGE ROAD (100 FOOT WIDE RIGHT OF WAY) TITHE CENTERLINE OF QUANTUM LANE (50 FOOT WIDE RIGHT OF WAY)AS SHOWN ON I PLAT; THENCE NORTH 750 49' 01"WEST, a G THE QUANTUM LANE CENTERLINE, 100.00 FEET TO THE BEGINNING OF A TANG' VE CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 916.51 FEET,A CENTRAL ANGLE OF 30°47' 10",AN ARC DISTANCE OF 492.46 FEET; THENCE SOUTH 490 15' 59"WEST, 5.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 49° 15' 59" WEST, 20.03 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 450 05' 01" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 51° 54' 11", AN ARC DISTANCE OF 22.65 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSED CURVE HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 38° 32' 44", AN ARC DISTANCE OF 40.36 FEET; Page 12 of 17 Page 167 of 972 Book22771/Pagel 872 Page 13 of 18 THENCE SOUTH 860 18' 57" WEST, 22.10 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 460 38' 02"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 E CENTRAL ANGLE OF 180 0V 42",AN ARC DISTANCE OF 23.60 FEET; T 0 NORTH 860 18' 57" EAST, 40.92 FEET TO A POINT ON THE ARC OF A NON- TAT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NWH 40°02' 57"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CL ANGLE OF 460 52' 08", AN ARC DISTANCE OF 35.72 FEET TO A POINT OF REVERSE TURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, A CENTRNGLE OF 53° 45' 48", AN ARC DISTANCE OF 42.23 FEET TO THE POINT INNING. OF BEGV LESS THE FOLLD ING: 0 PART OF PARK RIDGE VARD FOR SCHOOL: THAT PORTION OF PAR %BOYNTON BOULEVARD TRACT "F" OF QUANTUM PARK AT BEACH P.I.D. PL4, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK O IRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PL , 57, PAGE 186, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q BEGIN AT THE NORTHWEST CO F SAID LOT 53, THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID PARK 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 030 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 890 12' 52"FOR 835.80 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, SO10 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, N420 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 860 59' 23" FOR 966.78 FEET TO A POINT OF TANGENCY; THENCE N00° 02' 36"E Page 13 of 17 Book22771/Page 1873 Page 14 of 18 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 060 27' 17"FOR 636.77 FEET; CE DEPARTING SAID WESTERLY RIGHT-OF-WAY, N90° 00' 00"E FOR 100.62 FEET TO STERLY RIGHT-OF-WAY OF SAID PARK RIDGE BOULEVARD TRACT "F", BEING A C OCONCAVE TO THE WEST, HAVING A RADIUS OF 5752.40 FEET, WHERE THE LINE BEARS 5830 42' 03"W; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY A VE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 030 10' 44" FOR 319.17 FEET TO TIM WNT OF BEGINNING. LIFT ST�1N: THE LAND TIFIED AS THE "LIFT STATION" ON PAGE 2 OF THE PLAT OF QUANTUM PARK AT B N BEACH,P.I.D., PLAT NO. 5 RECORDED IN PLAT BOOK 57,PAGE 189 OF THE PUBLIC RDS OF PALM BEACH COUNTY,FLORIDA, SITUATE, LYING AND BEING IN PALM BEACFk�"TY,FLORIDA. PART OF TRACTS r`r '1 AND"O" (QUANTUM LAKES DRIVE &LAKE): D A PARCEL OF PROP BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNT ARIDA, BEING A REPLAT OF A PORTION OF TRACTS E AND Q, QUANTUM PARK AT N BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PA ACH COUNTY, FLORIDA, SHOWN HEREON AS "QUANTUM PARK AT BOYNTON B P.I.D. PLAT NO. 6 REPLAT NO. V BEING MORE PARTICULARLY DESCRIBE LLOWS: BEING A PORTION OF TRAC P :�f1ND Q, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, 191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICULARLY�CRIBED AS FOLLOWS: COMMENCING AT THE MOSTY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6, RUN THENCE 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E, A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID NORTHWESTERLY LINE OF LOT 60 AND SAID SOUTHEASTERLY LINE OF SAID TRACT E), A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF TRACT Q, AS SAME IS SHOWN ON SAID PLAT NO. 6: THENCE NORTH 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG SAID SOUTHEASTERLY LINE OF TRACT Q, A DISTANCE OF 85.86 FEET; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID SOUTHEASTERLY LINE OF TRACT Q),A DISTANCE OF 34.76 FEET;THENCE NORTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 95.49 FEET; THENCE NORTH 44 DEGREES 31 MINUTES 24 SECONDS EAST,A DISTANCE OF 143.54 FEET;THENCE NORTH 57 DEGREES 07 MINUTES 22 SECONDS EAST, A DISTANCE OF 59.93 FEET; THENCE NORTH 35 DEGREES 05 MINUTES 07 SECONDS EAST, A DISTANCE OF 48.60 FEET; THENCE NORTH 25 DEGREES 24 MINUTES 11 SECONDS EAST, A DISTANCE OF 48.26 FEET; THENCE NORTH 33 DEGREES 26 MINUTES 59 SECONDS EAST, A DISTANCE OF 87.46 FEET; THENCE NORTH 38 DEGREES 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 97.65 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 25 SECONDS EAST, A DISTANCE OF 140.69 FEET; THENCE NORTH02 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 33.53 FEET; THENCE NORTH 08 DEGREES 18 MINUTES 59 SECONDS EAST,A DISTANCE OF 124.56 FEET; THENCE NORTH 15 Page 14 of 17 Page- Book22771/Page1874 Page 15 of 18 DEGREES 13 MINUTES 07 SECONDS EAST, A DISTANCE OF 112.61 FEET; THENCE NORTH 20 DEGREES 49 MINUTES 41 SECONDS WEST,A DISTANCE OF 62.02 FEET; THENCE NORTH 52 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 22.22 FEET; THENCE NORTH 57 DI3qREES 45 MINUTES 47 SECONDS WEST, A DISTANCE OF 132.16 FEET TO THE POINT ON JO CONCAVE TO THE SOUTH HAVING A RADIUS OF 1583.02 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29 DEGREES 32 MINUTES 57 SECONDS THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A L ANGLE OF 21 DEGREES 29 MINUTES 20 SECONDS, A DISTANCE OF 593.71 FEET INT ON THE EAST LINE OF SAID TRACT E, SAID EAST LINE BEING A CURVE CONC��EGREES OUTHEASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUT 03 MINUTES 37 SECONDS EAST); THENCE SOUTHWESTERLY ALONG SAID E OF TRACT E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRALOF 81 DEGREES 48 MINUTES 48 SECONDS A DISTANCE OF 439.28 FEET TO A POINVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS19 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH ANGLE OF 46 DEGREES 38 MINUTES 30 SECONDS, A DISTANCE OF 900.50 FEET TOOINT OF TANGENCY; THENCE SOUTH 46 DEGREES 46 MINUTES 46 SECONDS WEST, DISTANCE OF 321.40 FEET TO THE POINT OF BEGINNING. PART OF TRACT " LANES- UANTUM BOULEVARD): A PORTION OF TRAC i QF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, ACCORDING TO THE P REOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND 185 OF THE PUBLIC S OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIB FOLLOWS: BEGINNING AT THE SOUTH�ORNER OF LOT 24 OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS ED IN PLAT BOOK 60,PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORDS, FL A; THENCE S12' 34' 13"W, ALONG THE WEST RIGHT- OF-WAY LINE OF QUANTUM BO ARD, FOR 133.91 FEET; THENCE S77° 25' 47"E, FOR 50.00 FEET (THE NEXT 3 COU EING ALONG THE CENTERLINE OF QUANTUM BOULEVARD); THENCE N12° 34' 1 ' R 276.91 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; T NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6937.50 FEET AND A CENTRAL ANGLE OF 030 28' 30", FOR 420.76 FEET TO A POINT OF TANGENCY; THENCE N09° 05' 43"E, FOR 9.51 FEET TO POINT "A'; THENCE N390 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 030 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 580 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 Page 15 of 17 178 of 972 Book22771/Pagel 875 Page 16 of 18 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; =N56-29' 36"E,FOR 67.93 FEET TO POINT"B",BEING THE POINT OF BEGINNING. "A"(QUANTUM LANE),: Q ALTRACT"A" QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 9, PLAT BOOK 60,WS 32-33 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID" PARTS T CTS"E" "B" "P"AND" "(QUANTUM LAKES DRIVEQUANTUM BOULEV WATER MANAGEMENT LAKES BEIN RTION OF TRACT E,A PORTION OF TRACT B,A PORTION OF WATER MANAGEMEN T CT P AND A PORTION OF WATER MANAGEMENT TRACT Q, QUANTUM PARK AT BOYN BEACH,P.I.D. PLAT NO. 6,PLAT BOOK 57,PAGES 191 THROUGH 193, PUBLIC RECORD`S�OF PALM BEACH COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: BEGINNING E MOST SOUTHERLY CORNER OF TRACT 101,QUANTUM PARK AT BOYNTON BEAC PLAT NO. 6,REPLAT NO. 1,PLAT BOOK 94,PAGES 176 THROUGH 177,PUBLI ARDS OF PALM BEACH COUNTY,FLORIDA, RUN THENCE SOUTH 4646'06" WEST THE SOUTHERLY LINE OF SAID TRACT E,A DISTANCE OF 234.56 FEET TO THE PO URVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 67 ET;THENCE SOUTHWESTERLY CONTINUING ALONG THE SAID SOUTHERLY LINE OF E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4500'0 ' STANCE OF 528.20 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CO E TO THE NORTH HAVING A RADIUS OF 600.00 FEET; THENCE WESTERLY ALONG T C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4618'32",A DISTANCE OF 484.95 A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVIN IUS OF 370.39 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE GH A CENTRAL ANGLE OF 5810'10",A DISTANCE OF 376.04 FEET TO THE ORTHERLY CORNER OF LOT 52,QUANTUM PARK AT BOYNTON BEACH P.I.D.,PLAT NO. 5,PLAT BOOK 57,PAGES 189 THROUGH 190, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA;THENCE NORTH 3557'52"EAST,A DISTANCE OF 1.45 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD, SAID SOUTH RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT E, SAID NORTH LINE ALSO BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 0948'51"WEST; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF TRACT E AND AN EASTERLY EXTENSION THEREOF AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1650'15",A DISTANCE OF 493.83 FEET;THENCE SOUTH 27-20'01"EAST(DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD),A DISTANCE OF 60.48 FEET; THENCE SOUTH 3212'46"WEST,A DISTANCE OF 59.45 FEET;THENCE SOUTH 0110'21" WEST,A DISTANCE OF 36.31 FEET;THENCE SOUTH 1819'22"EAST,A DISTANCE OF 61.97 FEET;THENCE SOUTH 5116'20"EAST,A DISTANCE OF 63.39 FEET;THENCE SOUTH 6758'55"EAST,A DISTANCE OF 196.73 FEET;THENCE SOUTH 7903'27"EAST,A DISTANCE OF 64.97 FEET;THENCE NORTH 6339'33"EAST,A DISTANCE OF 91.62 FEET; THENCE SOUTH 8827'13"EAST,A DISTANCE OF 60.93 FEET;THENCE NORTH 87-35'30" EAST,A DISTANCE OF 78.26 FEET;THENCE NORTH 5949'02" EAST,A DISTANCE OF 60.71 FEET; THENCE NORTH 53--21'50"EAST,A DISTANCE OF 138.47 FEET;THENCE NORTH 3307'12" Page 16 of 17 Book22771/Pagel 876 Page 17 of 18 EAST,A DISTANCE OF 18.99 FEET;THENCE NORTH 1018'56" WEST,A DISTANCE OF 41.37 FEET;THENCE NORTH 3711'04" WEST,A DISTANCE OF 42.62 FEET; THENCE NORTH 4624'56"WEST,A DISTANCE OF 68.74 FEET;THENCE NORTH 6659'36"WEST,A DISTANCE OF 2 5.11 FEET;THENCE NORTH 3942'05" WEST,A DISTANCE OF 68.92 FEET; THENCE CE H 336'25"WEST,A DISTANCE OF 44.89 FEET;THENCE NORTH 2808'17" WEST,A bf'SCE OF 69.51 FEET;THENCE NORTH 3550'47"WEST,A DISTANCE OF 133.92 FEET TO A .ON THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEWAY BOULEVARD, S UTHERLY RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT B, SAI TH LINE ALSO BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RAD �&OULEVARD 680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 4226'42" WEST; THENRTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEW AND ALONG SAID NORTH LINE OF TRACT B AND ALONG THE ARC OF S URVE THROUGH A CENTRAL ANGLE OF 047'12",A DISTANCE OF 23.07 FEET TO T INT OF TANGENCY;THENCE NORTH 4646'06"EAST CONTINUING ALONG THE SAID S GHT OF WAY LINE OF GATEWAY BOULEVARD AND SAID NORTH LINE OF TRA ,A DISTANCE OF 126.58 FEET;THENCE SOUTH 5404'05"EAST (DEPARTING FR AID SOUTH RIGHT OF WAY LINE AND SAID NORTH LINE OF TRACT B),A DISTANCE 152.06 FEET;THENCE SOUTH 5304'29"EAST,A DISTANCE OF 57.82 FEET; THENCE SO 3507'29"EAST,A DISTANCE OF 65.01 FEET;THENCE SOUTH 4330'50" EAST,A NCE OF 150.19 FEET;THENCE SOUTH 3059'27"EAST,A DISTANCE OF 33.97 FEET;THE OUTH 4313'54"EAST,A DISTANCE OF 121.93 FEET TO A POINT ON THE NORTHERLY SAID TRACT 101;THENCE SOUTH 4646'06" WEST ALONG SAID NORTHERLY LIN TANCE OF 22.84 FEET;THENCE SOUTH 4313'54"EAST ALONG THE SOUTHWES LINE OF SAID TRACT 101,A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNIN CONTAINING 7.605 A S,MORE OR LESS. 0 Q Page 17 of 17 Page 172 sf-972— Book22771/Page 1877 Page 18 of 18 PAPA Banner Location Address "+`Tualclpalitw BOYNTON BEACH Parcel Control Nunber 08-43-45-17-07-009-0000 SuNfivision QUANTUM PK AT BOYNTON BCH PL 2 Official Records hook 22771 Page 1860 Sale Tate JUL-2008 Legal Description QUANTUM PARK AT BOYNTON BEACH PL 2 TRS I&W Owners -- Mailing address QUANTUM PARK OVERLAY 2501 BURNS RD STE A DEPENDENT DIST PALM BEACH GARDENS FL 33410 5207 Sales Price OR Sale 'T'ype Owner Tate Boold age JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DIST MAR- 8158/ WARRANTY QUANTUM COMMUNITY DEV 1994 $10 01315 DEED DISTRICT Exe tion Applicant/Own:r star Detail QUANTUM PARK OVERLAY 2019 FULL.GOVT INDEPENDENT DISTS DEPENDENT DIST *Total S�I�nare I u nber cif"Units 0 Peet 0 Acres 10.3779 9500- Zoning PID-Planued Industrial Ded(08- IJsa Cade RIVER/LAKES BOYNTON BEACH) Tax Year --20l8 2017 2016 Improvement Valu $0 $0 $0 Land Value $3,113 $3,113 $3,113 Total Market Value $3,113 $3,113 $3,113 All values are as of January 1 st each year 'T'ax Year 2018 2017 2016 AssessedValue $3,113 $3,113 $3,113 E xemptionA mint $3,113 $3,113 $3,113 'T'axable Valu $0 $0 $0 Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0'' Total tax $0 $0 $0 Page 173 of 972 11111111111111111111112 h1ININ11111112 CPN 20080275719 OR BK 22771 PG 1860 WC-70 RECORDED 07/23/2008 15:55:23 THIS INSTRUMENT PREPARED BY AND RETURN TO: Palm Beach County, Florida BERNARD A.CONKO,ESQ. Sharon R. Bock,CLERK & COKPTROLLER COHEN,NORRIS,SCHERER,WEINBERGER&WOLMER PJB 1860 — 1877 (18pgo) 712 U.S. HWAY ONE, #400 NORT BEACH,FL 33408 Prope 1 Numbers:n/a Q SPECIAL WARRANTY DEED 0 THI CIAL WARRANTY DEED made this day of �� I� ,2008,between QUANTUM COMMUNI E ELOPMENT DISTRICT,an independent special district eated pursuant to Chapter ct c Florida Statutes,Grantor, ANTUM PARK OVERLAY DEPENDENT DISTRICT,a dependent special district created pursuant to Chapte lorida Statutes,whose post office address is 2501-A Burns Road,Palm Beach Gardens,Florida 33410,Grantee. WITNESSETH at said Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideratiO14 said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold t said Grantee,and Grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Bea ty,Florida,to-wit: See Exhibit A attaceto and incorporated herein by reference 0 SUBJECT to the reservati�is_ „fictions and easements of record and those set forth in the attached Exhibit B. TO HAVE AND TO HOLD ove granted,bargained and described premises in fee simple forever. And said Grantor does hereby fut the title to said land,and will defend the same against the lawful claims of I persons claiming by,through or the Grantor. IN W ESS WHE F,Grantor has here�(ur�� t Grantor's hand and seal the day and year first above written. Sign ,sealed and n the presence of- QUANJUM COM UNITY DEVELOPMENT DISTRICT TNESS /� � f rinted Name' By: f M.C.Fergu on,Chairman 2501-A Burns Road Palm Beach Gardens,Florida 33410 I SS �, / ne Printed Name:�i°t// /t� fi/ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged to me this_LL2008day of �U ` by M.C.Ferguson, Chairman,of QUANTUM COMMUNITY DEVELOPMENT DISTRICT ho is M ersonally wn to a or[ ]who has produced as identification. /`/� (SEAL) BERNARD A.CON a ub is VW noi# w rint Name: orw9,210 SMRES:July2o m Expire: I-WO-3NOMW PL NMry Db=m t Ateoa Co. Page 174 of 972 Book22771/Pagel 860 Page 1 of 18 EXHIBIT"A" LEGAL DESCRIPTION FOR REAL PROPERTY AND IMPROVEMENTS VLUANTUM BOULEVARD: O Pa ALL F jTCT"C"AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, F.I.D. O. 1-A,AS RECORDED IN PLAT BOOK 57,AT PAGES 180 AND 181,OF THE PUBLICORDS OF PALM BEACH COUNTY,FLORIDA. TOGETHE H: Parcel 2• ALL OF TRACT'V,AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO.1 A CORDED IN PLAT BOOK 57,AT PAGES 182 AND 183,OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: a Parcel 3• ALL OF TRACT"B",AS SHOTHE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2,AS RECO*BACIJ PLAT BOOK 57,AT PAGES 184 AND 185,OF THE PUBLIC RECORDS OF PALCOUNTY,FLORIDA. TOGETHER WITH: Q 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 PLAM 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 PLAM BEACH COUNTY,FLORIDA. Page 1 of 17 Page 175 of 972 Book22771/Pagel 861 Page 2 of 18 AND THE FOLLOWING FOR PARK RIDGE BOULEVARD: Parcel 6• A F TRACT"F",AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, LAT NO.4,AS RECORDED IN PLAT BOOK 57,AT PAGES 186, 187 AND 188,OF THE CCORDS OF PLAM BEACH COUNTY,FLORIDA. ANDviHnUOLLOWING FOR ALPHA DRIVE AND BETA DRIVE: Parcel 7..Q ✓ ALL OF T "A",TOGETHER WITH ALL OF TRACT"B',AS SHOWN ON THE PLAT, QUANTUM T BOYNTON BEACH,P.I.D.PLAT NO. 10,AS RECORDED IN PLAT BOOK 60,AT PA*GES , 5 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE FOLLOWYN6FOR HIGH RIDGE ROAD: Parcel 8• ALL OF TRACT"C",AS ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.P.PLAT NO. 6,AS REC IN PLAT BOOK 57,AT PAGES 191, 192 AND 193 OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: V Parcel 9• 0 ALL OF TRACT"C",AS SHOWN ON LAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO. 5,AS RECORDED BOOK 57,AT PAGES 189 AND 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNT A. 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 THE FOLLOWING TWO DESCRIBED PARCELS: 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. '/4)OF SAID SECTION 21, BOUNDED AS FOLLOWS: Page 2 of 17 Page 176 of 972 Book22771/Page 1862 Page 3 of 18 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- , AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN DEED RECORDED IN OFFICIAL RDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY; SOUTH: BY A LINE 367.49 FEET NORTH OF(AS MEASURED AT RIGHT ANGLES TPARALLEL WITH THE NORTH RIGHT-OF-WAY OF SAID BOYNTON CANAL,C-16; OMTEAST: BY A LINE 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) A RALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER (N.W. '/4) OF SAI CTION 21. IT IS INTETHAT THE NORTH LINE, THE EAST LINE AND THE SOUTH LINE OF THIS PARCEL BE MON LINE RESPECTIVELY TO: THE WESTERLYTENSION OF THE NORTH LINE, THE WEST LINE, AND THE WESTERLY EXTENSION OF SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE J. AND HARRIET GOTS AND DESCRIBED AS PARCEL"D" IN DEED RECORDED IN OFFICIAL RECORD BOOK 5139,rGE 0153. A PARCEL OF LAND si IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BE ATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40.00 FEET OF T RTHWEST ONE-QUARTER(N.W. 1/4)OF SAID SECTION 21, LYING NORTH OF THE N GHT-OF-WAY LINE OF THE BOYNTON CANAL (A PERPETUAL EASEMENT) 'CO BY THE CENTRAL AND SOUTHERN FLOOD CONTROL DISTRICT AS RECORDED IN O AL RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY, - kRED TH OF A LINE 367.49 FEET NORTH OF (AS MEASURED AT RIGHT ANGLESSAID NORTH RIGHT-OF-WAY LINE, SAID LINE ALSO BEING THE NORTH LINE OERTAIN PARCEL CONVERYED TO CURT G. JOA- INC., AS DESCRIBED IN A DEED IN OFFICIAL RECORDS BOOK 1711, PAGE 371 OF THE PUBLIC RECORDS OF SAID COUNTY. AND THE FOLLOWING FOR QUANTUM LANE: Parcel 12: ALL OF TRACT "A", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.9, AS RECORDED IN PLAT BOOK 60, AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. 1. QUANTUM BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR CONGRESS AVENUE, A PORTION OF TRACT "A", AS SHOWN ON SAID PLAT, QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO. 1-A. 2. PARK RIDGE BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR N.W. 22nD AVENUE, A PORTION OF TRACT "U", AS SHOWN ON SAID PLAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NOA. Page 3 of 17 Page 177 of 972 Book22771/Pagel 863 Page 4 of 18 AND THE FOLLOWING FOR TWO WETLAND CONSERVATION AREAS: Parcel 13• F TRACT "W", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, LAT NO.2, AS RECORDED IN PLAT BOOK 57,AT PAGES 184 AND 185 OF THE PUBLIC RIS OF PALM BEACH COUNTY,FLORIDA. TO R WITH: 0 Parcel ALL OFT T "T", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLA 3, AS RECORDED IN PLAT BOOK 60, AT PAGES 29, 30 AND 31 OF THE PUBLIC REC OF PALM BEACH COUNTY,FLORIDA. AND THE FOL G FOR TWO SAND PINE PRESERVES: Parcel 15: Q ALL OF LOT 93, ASON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS RECO JN PLAT BOOK 60, AT PAGES 29, 30, AND 31 OF THE PUBLIC RECORDS OF PALM BE � UNTY,FLORIDA. TOGETHER WITH: Parcel 16• ALL OF LOT 71,AS SHOWN ON T —LAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO.9,AS RECORDED IN PL OK 60,AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUN ORIDA. THE ABOVE DESCRIBED LANDS ARA�ATED IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. AND THE FOLLOWING WETLAND AREAS: Parcel 17: TRACT "A", (LAKE) AS SHOWN AS LOT 1-A 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,AND Parcel 18• TRACT"I", (LAKE)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,AND Parcel 19• TRACT "J", (DETENTION) AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3,AS RECORDED IN PLAT BOOK 60,AT PAGES 29, 30 AND 31,AND Page 4 of 17 Page 178 of 972 Book22771/Page1864 Page 5 of 18 Parcel 20• TRACT "K", (LAKE) AND TRACT "S" (LAKE) AS SHOWN AS LOT 1-A ON THE PLAT Q NTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.5,AS RECORDED IN PLAT BOOK 57, A GES 189 AND 190,AND 2 TRAM",(LAKE) AND TRACT"P"(LAKE)AND TRACT"Q"(LAKE)AS SHOWN AS LOT I- A O PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.6, AS RECORDED IN PLA OK 57,AT PAGES 191, 192 AND 193. ALL THEE DESCRIBED LANDS ARE SITUATED IN THE CITY OF BOYNTON BEACH, PALM BEA OUNTY,FLORIDA. TOGETHER WI: Parcel 22: Zs' TRI-RAIL ACCESS A PARCEL OF LANkSOUTHE SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 WEST, PALM BEACH COUNALSO BEING A PORTION OF TRACTS 90 AND 91 OF THE PLAT OF QUANTUM NTON BEACH, P.I.D. PLAT NO. 8, AS RECORDED IN PLAT BOOK 57, AT PAGESOF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,BEING MORLY DESCRIBED AS FOLLOWS: BEGINNING AT THEC ORNER OF SAID TRACT 90; THENCE SOUTH 86' 35' 25" WEST, ALONG THE SOUTH LIN TRACT, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 91, A DISTAN FEET; THENCE SOUTH 35° 46' 19" WEST, A DISTANCE OF 38.76 FEET TO A POHE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING AOF 566.00 FEET AND A CENTRAL ANGLE OF 100 08' 06" (A RADIAL LINE PASSING SAID POINT BEARS NORTH 740 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. 12 FOOT DRAINAGE EASEMENT ACROSS LOT#13 : Parcel 23: 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: Page 5 of 17 Page 179 of 972 Book22771/Pagel 865 Page 6 of 18 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 010 16' 01" EAST A DISTANCE OF 170.61 FEET; ffENORTH 75° 20' 02" WEST A DISTANCE OF 310.33 FEET TO A POINT LYING ON THE RLY LINE OF SAID LOT 13 AND THE WESTERLY TERMINUS OF THIS DESCRIPTION. i°Z"(LAKE): Parc"' : 0TRAC4 QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 5 ACCORDING TO THE PLAT T OF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAL CH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 57,PAGE 189. 20 FOOT D"AGE EASEMENT ACROSS LOT##32 33 &34: Parcel 25• A PORTION OF LOT02, 33, AND 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDINTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 29 THROUGH 31 OF T LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: U; �a A 20.00 FOOT STRIP OF OR A DRAINAGE EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING RIBED CENTERLINE: BEGIN AT THE NORTHWEST ER OF SAID LOT 33, THENCE N 69° 30' 00"E ALONG THE NORTHERLY LINE OF SAID LOM-1-36.50 FEET;THENCE S12° 50' 29"E, 193.21 FEET;THENCE S00° 23' 33"E, 121.20 FEET; THE 77° 22'23"E, 272.96 FEET; THENCE N52° 58'58"E, 115.12 FEET; THENCE N12° 44' 17"W, 16 FEET; THENCE N18° 38' 32"W, 149.34 FEET; THENCE N690 30' 00"E,39.54 FEET,ALONG ID NORTHERLY LINE OF LOT 33 TO THE POINT OF TERMINATION. 20 FOOT DRAINAGE EASEMENT ACROSS LOT##59&60: Parcel 26• A PARCEL OF LAND SITUATE IN SECTION 17,TOWNSHIP 45 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LOTS 59 AND 60, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, INCLUSIVE, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA, BEING A DRAINAGE AND LAKE ACCESS EASEMENT 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 59, THENCE SOUTHWESTERLY ALONG THE EAST RIGHT-OF-WAY OF QUANTUM LAKES DRIVE AS SHOWN IN SAID PLAT NO. 6, SOUTH 46° 06' 06" WEST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, SOUTH 43° 13' 54" EAST, A DISTANCE OF 47.18 FEET; THENCE SOUTH 02° 01' 42" WEST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 470 10' 42"EAST, A DISTANCE OF 140.17 FEET; THENCE NORTH 46°46' 06" Page 6 of 17 Page 180 of 972 Book22771/Pagel 866 Page 7 of 18 EAST,A DISTANCE OF 43.75 FEET; THENCE SOUTH 43° 13' 54"EAST,A DISTANCE OF 200.25 FEET TO THE TERMINUS OF THE CENTERLINE. TSIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR S TENED, AS NECESSARY, IN ORDER TO MAINTAIN CONTINUOUS STRIPS OF LAND .0 EET IN WIDTH, AND TO INTERSECT EXISTING EASEMENTS AND RIGHTS OF WAY O CgRD. LO -C: a Parcel LOT 34C, TUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3 ACCORDING TO THE PLAT THE CORDED IN PLAT BOOK 60,PAGE 29, PUBLIC RECORDS OF PALM BEACH COUNTY,FL TRACTS A-1,A-2j�-A,AND 16-A: Parcel 28• 0 D ALL OF TRACTS A-I A-2, AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT �S RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BE ,CQUNTY,FLORIDA. Parcel 29• ALL OF TRACTS 15-A AND 16SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 AS ORDED IN PLAT BOOK 57, PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH CO FLORIDA. IRRIGATION EASEMENT ACROS �jCT"E": Parcel 30: BEING A PORTION OF TRACT E, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6; THENCE NORTH 460 46' 06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E,A DISTANCE OF 70.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 430 13' 54"WEST, 100.00 FEET; THENCE NORTH 460 46' 06"EAST,32.00 FEET; THENCE SOUTH 230 13' 54"EAST, 84.00 FEET; Page 7 of 17 Ela e 4 81 of 972 Book22771/Pagel 867 Page 8 of 18 THENCE NORTH 460 46'06" EAST, 233.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 430 13' 54"WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 9 . FEET,A CENTRAL ANGLE OF 30°46' 09",AN ARC DISTANCE OF 585.46 FEET; 0 T SOUTH 740 00' 03"EAST 16.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CUR ONCAVE TO THE NORTHWEST SAID POINT BEING THE NORTHWEST CORNER OF LOT 61SHOWN ON SAID PLAT (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 740005 ST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOT 61 AND LOT 60 AND ALO D CURVE HAVING A RADIUS OF 1106.19 FEET, A CENTRAL ANGLE OF 30° 46' 09",ANA TANCE OF 594.46 FEET TO THE POINT ON TANGENCY; THENCE SOUT46' 06"WEST 265.68 FEET TO THE POINT OF BEGINNING. CONTAINING 163X4.90 SQUARE FEET,MORE OR LESS. ACCESS EASEME ROSS LOT##59&60: Parcel 31: 0 A PORTION OF LOTS 59 , QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PL HEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, OF THE PU RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESC AS FOLLOWS: COMMENCING AT THE MOST NHWESTERLY CORNER OF LOT 59 LYING ON THE EAST RIGHT-OF-WAY LINE OF QUAN'' LAKES DRIVE, TRACT "E", ACCORDING TO SAID PLAT; ;z' THENCE SOUTH 460 46' 06" WEST G SAID EAST RIGHT-OF-WAY LINE AND WEST LINE OF LOT 59, A DISTANCE OF 36.81 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (SAID POINT BEARS SOUTH 590 54' 51" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 13° 12' 15", AN ARC DISTANCE OF 7.58 FEET TO A POINT OF TANGENCY; THENCE SOUTH 430 17' 24" EAST 26.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 12° 59' 29", AN ARC DISTANCE OF 41.95 FEET TO THE BEGGINNING OF A REVERSE CURVE CONCAVE TO SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 73.00 FEET, A CENTRAL ANGLE OF 23° 12' 35", AN ARC DISTANCE OF 29.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; Page 8 of 17 118 e i 82 of 972 Book22771/Pagel 868 Page 9 of 18 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 540.77 FEET, A CENTRAL ANGLE OF 05° 22' 04", AN ARC DISTANCE OF 50.66 FEET TO THE jB INNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST; E SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 43.00 F 0 CENTRAL ANGLE OF 500 27' 48", AN ARC DISTANCE OF 37.87 FEET TO THE BE ING OF A REVERSE CURVE CONCAVE TO THE SOUTH; THENCE THEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 FEET, ENTRAL ANGLE OF 19° 24' 27", AN ARC DISTANCE OF 16.49 FEET TO THE BEGINNF A REVERSE CURVE CONCAVE TO THE NORTH; THENCE N ASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CE ANGLE OF 63°42' 47", AN ARC DISTANCE OF 20.02 FEET TO A POINT OF TANGENCY; THENCE NORTHVO 47' 30" EAST, 90.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE r1TH; THENCE NORTHEAOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS A CENTRAL ANGLE OF 90° 12' 52", AN ARC DISTANCE OF 65.20 FEET TO A ENCY; THENCE SOUTH 420',N8.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE THENCE SOUTHEAD_-NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 21.34 FEI CENTRAL ANGLE OF 890 51' 14", AN ARC DISTANCE OF 33.47 FEET TO A POINT OF TAi"CY; THENCE NORTH 470 09' 08"EAST, EET; THENCE SOUTH 430 17' 24"EAST, 125.63 FEET OF SAID POINT LYING ON THE EAST LINE OF SAID LOT 60; THENCE SOUTH 47° 13' 27"WEST ALONG THE EAST LINE OF SAID LOT 60,A DISTANCE OF 127.00 FEET; THENCE NORTH 420 46' 33"WEST, 12.00 FEET; THENCE NORTH 470 13' 27" EAST, 94.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90° 30' 51", AN ARC DISTANCE OF 31.60 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 64.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; Page 9 of 17 Page 183 of 972 Book22771/Pagel 869 Page 10 of 18 THENCE NORTHWESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5.00 FEET,A CENTRAL ANGLE OF 89° 33' 28",AN ARC DISTANCE OF 7.82 FEET TO A POINT OF TANGENCY; T CE SOUTH 470 09' 08"WEST, 242.60 FEET TO THE BEGINNING OF A TANGENT CURVE O VE TO THE NORTH; T 0 SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HA A RADIUS OF 45.34 FEET, A CENTRAL ANGLE OF 89° 51' 14", AN ARC DISTANCE OF 71.10�ffT TO A POINT OF TANGENCY; THENCE ORTH 420 59' 38" WEST, 18.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVHE SOUTH; THENCE SO STERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 17.41 FEET, A CENT ANGLE OF 900 12' 52",AN ARC DISTANCE OF 27.41 FEET TO A POINT OF TANGENCY; THENCE SOUTH 4"' 30" WEST, 91.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE HEAST; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CENTRAL A 620 49' 18", AN ARC DISTANCE OF 19.74 FEET TO THE BEGINNING OF A REVER VE CONCAVE TO THE NORTH; THENCE SOUTHWESTERLNORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 , A CENTRAL ANGLE OF 2020 36' 53", AN ARC DISTANCE OF 172.20 FEET TO THE B rING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALON� ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 49° ARC DISTANCE OF 21.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 43° 17' 24" WEST, 32.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 53.82 FEET, A CENTRAL ANGLE OF 17° 59' 59", AN ARC DISTANCE OF 16.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 62.34 FEET,A CENTRAL ANGLE OF 170 59' 59", AN ARC DISTANCE OF 19.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 85.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 240 41' 22",AN ARC DISTANCE OF 14.16 FEET TO A POINT OF NON-TANGENCY, SAID POINT LYING ON THE WEST LINE OF LOT 59 AND THE EAST RIGHT-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, (SAID POINT BEARS Page 10 of 17 Page 184 of 972 Book22771/Pagel 870 Page 11 of 18 NORTH 22° 01' 14" EAST FROM THE RADIUS POINT OF THE PREVIOUSLY DESCRIBED CURVE); T NCE NORTH 460 46' 06" EAST ALONG THE WEST LINE OF LOT 59 AND THE EAST RI T-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, 54.54 FEET TO THE OF BEGINNING. P LOTS 09 10&27 FOR QUANTUM BOULEVARD ROUNDABOUT: Parc_.._.. e 2:ro A POR& OF TRACT "B" AND LOTS 9 AND 10 OF "QUANTUM PARK AT BOYNTON BEACH, P.%APORTION T NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, 184 AND 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORtFLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 3", AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31,PALM H COUNTY RECORDS,FLORIDA,THENCE N.09°05' 43"E.,ALONG V THE WEST RIGHT-OF LINE OF QUANTUM BOULEVARD, FOR 53.84 FEET TO THE POINT OF BEGINNING, POINT "A'; THENCE N.39° 20' 38"W., FOR A DISTANCE OF 6.68 FEET; THENCE N.09° ,FOR A DISTANCE OF 73.87 FEET;THENCE N.56°29' 36"E., FOR A DISTANCE OF 6.79 TO POINT "B"; THENCE 5.09° 05' 43"W., ALONG THE WEST RIGHT-OF-WAY LINE OF Q TUM BOULEVARD, FOR A DISTANCE OF 82.90 FEET TO SAID POINT"A",BEING THE POF BEGINNING. TOGETHER WITH, 0 COMMENCING AT SAID POINT "t-, NCE N.62° 46' 53"E., FOR A DISTANCE OF 124.10 FEET TO POINT "C", BEING THEF BEGINNING; THENCE 5.40° 56' 24"E., FOR A DISTANCE OF 95.33 FEET; THEN05' 43"W., FOR A DISTANCE OF 108.00 FEET; THENCE 5.590 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. DRAINAGE EASEMENT ACROSS LOT#90(TRI-RAIL) Parcel 33: 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" Page 11 of 17 Page 185 of 972 Book22771/Pagel 871 Page 12 of 18 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 210 24' 48" EAST, A DISTANCE OF 71.05 FEET; THENCE NORTH 88° 24' 22" WEST, A DI ANCE OF 253.38 FEET TO A POINT ON THE WEST LINE OF SAID LOT 90; THENCE 21° 57' 58" EAST ALONG SAID WEST LINE, A DISTANCE OF 26.67 FEET; THENCE 88° 24' 22" EAST, A DISTANCE OF 279.68 FEET; THENCE SOUTH 210 24' 48" WEST, A D CE OF 99.95 FEET; THENCE SOUTH 08° 33' 11" EAST, A DISTANCE OF 103.13 FEET; T SOUTH 030 27' 07" EAST, A DISTANCE OF 501.53 FEET TO THE POINT OF BEG G. �(n1. SURVEYOR'S NOTES: BEARINGS OWN HEREON ARE REFERENCED TO QUANTUM PARK AT BOYNTON BEACH, PIAT NO. 8, PLAT BOOK 57, PAES 196 AND 197, PUBLIC RECORDS OF PALM BEACH CO LORIDA, RESULTING IN A BEARING OF SOUTH 86° 35' 25" WEST ALONG THE SOUTH L OF LOT 90 AS SAME IS SHOWN ON SAID PLAT. ACCESS EASEMENT ACROSS PART OF TRACT"A" (CUL-DE-SAC): Parcel 34• A PORTION OF TRAC ' 'TOGETHER WITH A PORTION OF LOT 66, QUANTUM PARK AT BOYNTON BEACH, P.I. NO. 9, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60, PA OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICU Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTE ION OF THE CENTERLINE OF HIGH RIDGE ROAD (100 FOOT WIDE RIGHT OF WAY) TITHE CENTERLINE OF QUANTUM LANE (50 FOOT WIDE RIGHT OF WAY)AS SHOWN ON I PLAT; THENCE NORTH 750 49' 01"WEST, a G THE QUANTUM LANE CENTERLINE, 100.00 FEET TO THE BEGINNING OF A TANG' VE CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 916.51 FEET,A CENTRAL ANGLE OF 30°47' 10",AN ARC DISTANCE OF 492.46 FEET; THENCE SOUTH 490 15' 59"WEST, 5.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 49° 15' 59" WEST, 20.03 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 450 05' 01" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 51° 54' 11", AN ARC DISTANCE OF 22.65 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSED CURVE HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 38° 32' 44", AN ARC DISTANCE OF 40.36 FEET; Page 12 of 17 Page 186 of 972 Book22771/Pagel 872 Page 13 of 18 THENCE SOUTH 860 18' 57" WEST, 22.10 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 460 38' 02"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 E CENTRAL ANGLE OF 180 0V 42",AN ARC DISTANCE OF 23.60 FEET; T 0 NORTH 860 18' 57" EAST, 40.92 FEET TO A POINT ON THE ARC OF A NON- TAT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NWH 40°02' 57"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CL ANGLE OF 460 52' 08", AN ARC DISTANCE OF 35.72 FEET TO A POINT OF REVERSE TURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, A CENTRNGLE OF 53° 45' 48", AN ARC DISTANCE OF 42.23 FEET TO THE POINT INNING. OF BEGV LESS THE FOLLD ING: 0 PART OF PARK RIDGE VARD FOR SCHOOL: THAT PORTION OF PAR %BOYNTON BOULEVARD TRACT "F" OF QUANTUM PARK AT BEACH P.I.D. PL4, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK O IRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PL , 57, PAGE 186, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q BEGIN AT THE NORTHWEST CO F SAID LOT 53, THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID PARK 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 030 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 890 12' 52"FOR 835.80 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, SO10 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, N420 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 860 59' 23" FOR 966.78 FEET TO A POINT OF TANGENCY; THENCE N00° 02' 36"E Page 13 of 17 Book22771/Page 1873 Page 14 of 18 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 060 27' 17"FOR 636.77 FEET; CE DEPARTING SAID WESTERLY RIGHT-OF-WAY, N90° 00' 00"E FOR 100.62 FEET TO STERLY RIGHT-OF-WAY OF SAID PARK RIDGE BOULEVARD TRACT "F", BEING A C OCONCAVE TO THE WEST, HAVING A RADIUS OF 5752.40 FEET, WHERE THE LINE BEARS 5830 42' 03"W; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY A VE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 030 10' 44" FOR 319.17 FEET TO TIM WNT OF BEGINNING. LIFT ST�1N: THE LAND TIFIED AS THE "LIFT STATION" ON PAGE 2 OF THE PLAT OF QUANTUM PARK AT B N BEACH,P.I.D., PLAT NO. 5 RECORDED IN PLAT BOOK 57,PAGE 189 OF THE PUBLIC RDS OF PALM BEACH COUNTY,FLORIDA, SITUATE, LYING AND BEING IN PALM BEACFk�"TY,FLORIDA. PART OF TRACTS r`r '1 AND"O" (QUANTUM LAKES DRIVE &LAKE): D A PARCEL OF PROP BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNT ARIDA, BEING A REPLAT OF A PORTION OF TRACTS E AND Q, QUANTUM PARK AT N BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PA ACH COUNTY, FLORIDA, SHOWN HEREON AS "QUANTUM PARK AT BOYNTON B P.I.D. PLAT NO. 6 REPLAT NO. V BEING MORE PARTICULARLY DESCRIBE LLOWS: BEING A PORTION OF TRAC P :�f1ND Q, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, 191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICULARLY�CRIBED AS FOLLOWS: COMMENCING AT THE MOSTY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6, RUN THENCE 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E, A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID NORTHWESTERLY LINE OF LOT 60 AND SAID SOUTHEASTERLY LINE OF SAID TRACT E), A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF TRACT Q, AS SAME IS SHOWN ON SAID PLAT NO. 6: THENCE NORTH 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG SAID SOUTHEASTERLY LINE OF TRACT Q, A DISTANCE OF 85.86 FEET; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID SOUTHEASTERLY LINE OF TRACT Q),A DISTANCE OF 34.76 FEET;THENCE NORTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 95.49 FEET; THENCE NORTH 44 DEGREES 31 MINUTES 24 SECONDS EAST,A DISTANCE OF 143.54 FEET;THENCE NORTH 57 DEGREES 07 MINUTES 22 SECONDS EAST, A DISTANCE OF 59.93 FEET; THENCE NORTH 35 DEGREES 05 MINUTES 07 SECONDS EAST, A DISTANCE OF 48.60 FEET; THENCE NORTH 25 DEGREES 24 MINUTES 11 SECONDS EAST, A DISTANCE OF 48.26 FEET; THENCE NORTH 33 DEGREES 26 MINUTES 59 SECONDS EAST, A DISTANCE OF 87.46 FEET; THENCE NORTH 38 DEGREES 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 97.65 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 25 SECONDS EAST, A DISTANCE OF 140.69 FEET; THENCE NORTH02 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 33.53 FEET; THENCE NORTH 08 DEGREES 18 MINUTES 59 SECONDS EAST,A DISTANCE OF 124.56 FEET; THENCE NORTH 15 Page 14 of 17 Page- Book22771/Page1874 Page 15 of 18 DEGREES 13 MINUTES 07 SECONDS EAST, A DISTANCE OF 112.61 FEET; THENCE NORTH 20 DEGREES 49 MINUTES 41 SECONDS WEST,A DISTANCE OF 62.02 FEET; THENCE NORTH 52 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 22.22 FEET; THENCE NORTH 57 DI3qREES 45 MINUTES 47 SECONDS WEST, A DISTANCE OF 132.16 FEET TO THE POINT ON JO CONCAVE TO THE SOUTH HAVING A RADIUS OF 1583.02 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29 DEGREES 32 MINUTES 57 SECONDS THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A L ANGLE OF 21 DEGREES 29 MINUTES 20 SECONDS, A DISTANCE OF 593.71 FEET INT ON THE EAST LINE OF SAID TRACT E, SAID EAST LINE BEING A CURVE CONC��EGREES OUTHEASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUT 03 MINUTES 37 SECONDS EAST); THENCE SOUTHWESTERLY ALONG SAID E OF TRACT E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRALOF 81 DEGREES 48 MINUTES 48 SECONDS A DISTANCE OF 439.28 FEET TO A POINVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS19 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH ANGLE OF 46 DEGREES 38 MINUTES 30 SECONDS, A DISTANCE OF 900.50 FEET TOOINT OF TANGENCY; THENCE SOUTH 46 DEGREES 46 MINUTES 46 SECONDS WEST, DISTANCE OF 321.40 FEET TO THE POINT OF BEGINNING. PART OF TRACT " LANES- UANTUM BOULEVARD): A PORTION OF TRAC i QF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, ACCORDING TO THE P REOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND 185 OF THE PUBLIC S OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIB FOLLOWS: BEGINNING AT THE SOUTH�ORNER OF LOT 24 OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS ED IN PLAT BOOK 60,PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORDS, FL A; THENCE S12' 34' 13"W, ALONG THE WEST RIGHT- OF-WAY LINE OF QUANTUM BO ARD, FOR 133.91 FEET; THENCE S77° 25' 47"E, FOR 50.00 FEET (THE NEXT 3 COU EING ALONG THE CENTERLINE OF QUANTUM BOULEVARD); THENCE N12° 34' 1 ' R 276.91 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; T NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6937.50 FEET AND A CENTRAL ANGLE OF 030 28' 30", FOR 420.76 FEET TO A POINT OF TANGENCY; THENCE N09° 05' 43"E, FOR 9.51 FEET TO POINT "A'; THENCE N390 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 030 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 580 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 Page 15 of 17 189 of 972 Book22771/Pagel 875 Page 16 of 18 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; =N56-29' 36"E,FOR 67.93 FEET TO POINT"B",BEING THE POINT OF BEGINNING. "A"(QUANTUM LANE),: Q ALTRACT"A" QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 9, PLAT BOOK 60,WS 32-33 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID" PARTS T CTS"E" "B" "P"AND" "(QUANTUM LAKES DRIVEQUANTUM BOULEV WATER MANAGEMENT LAKES BEIN RTION OF TRACT E,A PORTION OF TRACT B,A PORTION OF WATER MANAGEMEN T CT P AND A PORTION OF WATER MANAGEMENT TRACT Q, QUANTUM PARK AT BOYN BEACH,P.I.D. PLAT NO. 6,PLAT BOOK 57,PAGES 191 THROUGH 193, PUBLIC RECORD`S�OF PALM BEACH COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: BEGINNING E MOST SOUTHERLY CORNER OF TRACT 101,QUANTUM PARK AT BOYNTON BEAC PLAT NO. 6,REPLAT NO. 1,PLAT BOOK 94,PAGES 176 THROUGH 177,PUBLI ARDS OF PALM BEACH COUNTY,FLORIDA, RUN THENCE SOUTH 4646'06" WEST THE SOUTHERLY LINE OF SAID TRACT E,A DISTANCE OF 234.56 FEET TO THE PO URVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 67 ET;THENCE SOUTHWESTERLY CONTINUING ALONG THE SAID SOUTHERLY LINE OF E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4500'0 ' STANCE OF 528.20 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CO E TO THE NORTH HAVING A RADIUS OF 600.00 FEET; THENCE WESTERLY ALONG T C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4618'32",A DISTANCE OF 484.95 A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVIN IUS OF 370.39 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE GH A CENTRAL ANGLE OF 5810'10",A DISTANCE OF 376.04 FEET TO THE ORTHERLY CORNER OF LOT 52,QUANTUM PARK AT BOYNTON BEACH P.I.D.,PLAT NO. 5,PLAT BOOK 57,PAGES 189 THROUGH 190, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA;THENCE NORTH 3557'52"EAST,A DISTANCE OF 1.45 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD, SAID SOUTH RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT E, SAID NORTH LINE ALSO BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 0948'51"WEST; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF TRACT E AND AN EASTERLY EXTENSION THEREOF AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1650'15",A DISTANCE OF 493.83 FEET;THENCE SOUTH 27-20'01"EAST(DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD),A DISTANCE OF 60.48 FEET; THENCE SOUTH 3212'46"WEST,A DISTANCE OF 59.45 FEET;THENCE SOUTH 0110'21" WEST,A DISTANCE OF 36.31 FEET;THENCE SOUTH 1819'22"EAST,A DISTANCE OF 61.97 FEET;THENCE SOUTH 5116'20"EAST,A DISTANCE OF 63.39 FEET;THENCE SOUTH 6758'55"EAST,A DISTANCE OF 196.73 FEET;THENCE SOUTH 7903'27"EAST,A DISTANCE OF 64.97 FEET;THENCE NORTH 6339'33"EAST,A DISTANCE OF 91.62 FEET; THENCE SOUTH 8827'13"EAST,A DISTANCE OF 60.93 FEET;THENCE NORTH 87-35'30" EAST,A DISTANCE OF 78.26 FEET;THENCE NORTH 5949'02" EAST,A DISTANCE OF 60.71 FEET; THENCE NORTH 53--21'50"EAST,A DISTANCE OF 138.47 FEET;THENCE NORTH 3307'12" Page 16 of 17 Book22771/Pagel 876 Page 17 of 18 EAST,A DISTANCE OF 18.99 FEET;THENCE NORTH 1018'56" WEST,A DISTANCE OF 41.37 FEET;THENCE NORTH 3711'04" WEST,A DISTANCE OF 42.62 FEET; THENCE NORTH 4624'56"WEST,A DISTANCE OF 68.74 FEET;THENCE NORTH 6659'36"WEST,A DISTANCE OF 2 5.11 FEET;THENCE NORTH 3942'05" WEST,A DISTANCE OF 68.92 FEET; THENCE CE H 336'25"WEST,A DISTANCE OF 44.89 FEET;THENCE NORTH 2808'17" WEST,A bf'SCE OF 69.51 FEET;THENCE NORTH 3550'47"WEST,A DISTANCE OF 133.92 FEET TO A .ON THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEWAY BOULEVARD, S UTHERLY RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT B, SAI TH LINE ALSO BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RAD �&OULEVARD 680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 4226'42" WEST; THENRTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEW AND ALONG SAID NORTH LINE OF TRACT B AND ALONG THE ARC OF S URVE THROUGH A CENTRAL ANGLE OF 047'12",A DISTANCE OF 23.07 FEET TO T INT OF TANGENCY;THENCE NORTH 4646'06"EAST CONTINUING ALONG THE SAID S GHT OF WAY LINE OF GATEWAY BOULEVARD AND SAID NORTH LINE OF TRA ,A DISTANCE OF 126.58 FEET;THENCE SOUTH 5404'05"EAST (DEPARTING FR AID SOUTH RIGHT OF WAY LINE AND SAID NORTH LINE OF TRACT B),A DISTANCE 152.06 FEET;THENCE SOUTH 5304'29"EAST,A DISTANCE OF 57.82 FEET; THENCE SO 3507'29"EAST,A DISTANCE OF 65.01 FEET;THENCE SOUTH 4330'50" EAST,A NCE OF 150.19 FEET;THENCE SOUTH 3059'27"EAST,A DISTANCE OF 33.97 FEET;THE OUTH 4313'54"EAST,A DISTANCE OF 121.93 FEET TO A POINT ON THE NORTHERLY SAID TRACT 101;THENCE SOUTH 4646'06" WEST ALONG SAID NORTHERLY LIN TANCE OF 22.84 FEET;THENCE SOUTH 4313'54"EAST ALONG THE SOUTHWES LINE OF SAID TRACT 101,A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNIN CONTAINING 7.605 A S,MORE OR LESS. 0 Q Page 17 of 17 Page 191 sf-972— Book22771/Page 1877 Page 18 of 18 PAPA Banner Location Address NW 22ND AVE Municipality BOYNTON BEACH Parcel Control Nunber 08-43-45-17-09-000-0343 Sul vision QUANTUM PARK AT BOYNTON BEACH PL 3 Official Records Book 22771 Page 1860 Sale Tate JUL-2008 Leal Description QUANTUM PARK AT BOYNTON BEACH PL 3 LT 34-C Owners -- Mailing address QUANTUM PARK OVERLAY 2501 BURNS RD STE A DEPENDENT DISTRICT PALM BEACH GARDENS FL 33410 5207 Sales Tate Price BooldPage OR Sale Type lTwaner JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DISTRICT MAR $1,638,000 13556/ WARRANTY QUANTUM COMMUNITY DEV DIST 200200049 DEED MAR- 11646/ WARRANTY QUANTUM COMMUNITY DEV 2000 $2,992,900 00506 DEED DISTRICT JUN- $10 10540/ WARRANTY QUANTUM LIMITED PARTNERS LTD 1998 00051 DEED FEB- $2,676,000 09667/ WARRANTY 1997 01716 DEED F.xe tion Applicant/Own:r star Detail QUANTUM PARK OVERLAY 2019 FULL.GOVT INDEPENDENT DISTS DEPENDENT DISTRICT I u nber of Units 0 *Total Spare 0 Acres 6.5801 Feet Use Cade 9500- Zoning PID-Planued Industrial Ded(08- RIVER/LAKES BOYNTON BEACH) 'T'ax Year 2018 2017 2016 Improvement Valu $0 $0 $0 Lana Value $1,974 $1,974 $1,974, Total Market Value $1,974 $1,974 $1,974 All values are as of January 1 st each year Tax Year 2018 2017 2016 AssessedValue $1,974 $1,974 $1,974 E xemptionA mint $1,974 $1,974 $1,974, Taxable Valu $0 $0 $0 Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0'' Nunn Ad Valorem $0 $0 $0 Total tax $0 $0 $0''' Page 192 of 972 11111111111111111111112 h1ININ11111112 CPN 20080275719 OR BK 22771 PG 1860 WC-70 RECORDED 07/23/2008 15:55:23 THIS INSTRUMENT PREPARED BY AND RETURN TO: Palm Beach County, Florida BERNARD A.CONKO,ESQ. Sharon R. Bock,CLERK & COKPTROLLER COHEN,NORRIS,SCHERER,WEINBERGER&WOLMER PJB 1860 — 1877 (18pgo) 712 U.S. HWAY ONE, #400 NORT BEACH,FL 33408 Prope 1 Numbers:n/a Q SPECIAL WARRANTY DEED 0 THI CIAL WARRANTY DEED made this day of �� I� ,2008,between QUANTUM COMMUNI E ELOPMENT DISTRICT,an independent special district eated pursuant to Chapter ct c Florida Statutes,Grantor, ANTUM PARK OVERLAY DEPENDENT DISTRICT,a dependent special district created pursuant to Chapte lorida Statutes,whose post office address is 2501-A Burns Road,Palm Beach Gardens,Florida 33410,Grantee. WITNESSETH at said Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideratiO14 said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold t said Grantee,and Grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Bea ty,Florida,to-wit: See Exhibit A attaceto and incorporated herein by reference 0 SUBJECT to the reservati�is_ „fictions and easements of record and those set forth in the attached Exhibit B. TO HAVE AND TO HOLD ove granted,bargained and described premises in fee simple forever. And said Grantor does hereby fut the title to said land,and will defend the same against the lawful claims of I persons claiming by,through or the Grantor. IN W ESS WHE F,Grantor has here�(ur�� t Grantor's hand and seal the day and year first above written. Sign ,sealed and n the presence of- QUANJUM COM UNITY DEVELOPMENT DISTRICT TNESS /� � f rinted Name' By: f M.C.Fergu on,Chairman 2501-A Burns Road Palm Beach Gardens,Florida 33410 I SS �, / ne Printed Name:�i°t// /t� fi/ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged to me this_LL2008day of �U ` by M.C.Ferguson, Chairman,of QUANTUM COMMUNITY DEVELOPMENT DISTRICT ho is M ersonally wn to a or[ ]who has produced as identification. /`/� (SEAL) BERNARD A.CON a ub is VW noi# w rint Name: orw9,210 SMRES:July2o m Expire: I-WO-3NOMW PL NMry Db=m t Ateoa Co. Page 193 of 972 Book22771/Pagel 860 Page 1 of 18 EXHIBIT"A" LEGAL DESCRIPTION FOR REAL PROPERTY AND IMPROVEMENTS VLUANTUM BOULEVARD: O Pa ALL F jTCT"C"AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, F.I.D. O. 1-A,AS RECORDED IN PLAT BOOK 57,AT PAGES 180 AND 181,OF THE PUBLICORDS OF PALM BEACH COUNTY,FLORIDA. TOGETHE H: Parcel 2• ALL OF TRACT'V,AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO.1 A CORDED IN PLAT BOOK 57,AT PAGES 182 AND 183,OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: a Parcel 3• ALL OF TRACT"B",AS SHOTHE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2,AS RECO*BACIJ PLAT BOOK 57,AT PAGES 184 AND 185,OF THE PUBLIC RECORDS OF PALCOUNTY,FLORIDA. TOGETHER WITH: Q 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 PLAM 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 PLAM BEACH COUNTY,FLORIDA. Page 1 of 17 Page 194 of 972 Book22771/Pagel 861 Page 2 of 18 AND THE FOLLOWING FOR PARK RIDGE BOULEVARD: Parcel 6• A F TRACT"F",AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, LAT NO.4,AS RECORDED IN PLAT BOOK 57,AT PAGES 186, 187 AND 188,OF THE CCORDS OF PLAM BEACH COUNTY,FLORIDA. ANDviHnUOLLOWING FOR ALPHA DRIVE AND BETA DRIVE: Parcel 7..Q ✓ ALL OF T "A",TOGETHER WITH ALL OF TRACT"B',AS SHOWN ON THE PLAT, QUANTUM T BOYNTON BEACH,P.I.D.PLAT NO. 10,AS RECORDED IN PLAT BOOK 60,AT PA*GES , 5 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE FOLLOWYN6FOR HIGH RIDGE ROAD: Parcel 8• ALL OF TRACT"C",AS ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.P.PLAT NO. 6,AS REC IN PLAT BOOK 57,AT PAGES 191, 192 AND 193 OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: V Parcel 9• 0 ALL OF TRACT"C",AS SHOWN ON LAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO. 5,AS RECORDED BOOK 57,AT PAGES 189 AND 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNT A. 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 THE FOLLOWING TWO DESCRIBED PARCELS: 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. '/4)OF SAID SECTION 21, BOUNDED AS FOLLOWS: Page 2 of 17 Page 195 of 972 Book22771/Page 1862 Page 3 of 18 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- , AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN DEED RECORDED IN OFFICIAL RDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY; SOUTH: BY A LINE 367.49 FEET NORTH OF(AS MEASURED AT RIGHT ANGLES TPARALLEL WITH THE NORTH RIGHT-OF-WAY OF SAID BOYNTON CANAL,C-16; OMTEAST: BY A LINE 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) A RALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER (N.W. '/4) OF SAI CTION 21. IT IS INTETHAT THE NORTH LINE, THE EAST LINE AND THE SOUTH LINE OF THIS PARCEL BE MON LINE RESPECTIVELY TO: THE WESTERLYTENSION OF THE NORTH LINE, THE WEST LINE, AND THE WESTERLY EXTENSION OF SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE J. AND HARRIET GOTS AND DESCRIBED AS PARCEL"D" IN DEED RECORDED IN OFFICIAL RECORD BOOK 5139,rGE 0153. A PARCEL OF LAND si IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BE ATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40.00 FEET OF T RTHWEST ONE-QUARTER(N.W. 1/4)OF SAID SECTION 21, LYING NORTH OF THE N GHT-OF-WAY LINE OF THE BOYNTON CANAL (A PERPETUAL EASEMENT) 'CO BY THE CENTRAL AND SOUTHERN FLOOD CONTROL DISTRICT AS RECORDED IN O AL RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY, - kRED TH OF A LINE 367.49 FEET NORTH OF (AS MEASURED AT RIGHT ANGLESSAID NORTH RIGHT-OF-WAY LINE, SAID LINE ALSO BEING THE NORTH LINE OERTAIN PARCEL CONVERYED TO CURT G. JOA- INC., AS DESCRIBED IN A DEED IN OFFICIAL RECORDS BOOK 1711, PAGE 371 OF THE PUBLIC RECORDS OF SAID COUNTY. AND THE FOLLOWING FOR QUANTUM LANE: Parcel 12: ALL OF TRACT "A", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.9, AS RECORDED IN PLAT BOOK 60, AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. 1. QUANTUM BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR CONGRESS AVENUE, A PORTION OF TRACT "A", AS SHOWN ON SAID PLAT, QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO. 1-A. 2. PARK RIDGE BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR N.W. 22nD AVENUE, A PORTION OF TRACT "U", AS SHOWN ON SAID PLAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NOA. Page 3 of 17 Page 196 of 972 Book22771/Pagel 863 Page 4 of 18 AND THE FOLLOWING FOR TWO WETLAND CONSERVATION AREAS: Parcel 13• F TRACT "W", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, LAT NO.2, AS RECORDED IN PLAT BOOK 57,AT PAGES 184 AND 185 OF THE PUBLIC RIS OF PALM BEACH COUNTY,FLORIDA. TO R WITH: 0 Parcel ALL OFT T "T", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLA 3, AS RECORDED IN PLAT BOOK 60, AT PAGES 29, 30 AND 31 OF THE PUBLIC REC OF PALM BEACH COUNTY,FLORIDA. AND THE FOL G FOR TWO SAND PINE PRESERVES: Parcel 15: Q ALL OF LOT 93, ASON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS RECO JN PLAT BOOK 60, AT PAGES 29, 30, AND 31 OF THE PUBLIC RECORDS OF PALM BE � UNTY,FLORIDA. TOGETHER WITH: Parcel 16• ALL OF LOT 71,AS SHOWN ON T —LAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO.9,AS RECORDED IN PL OK 60,AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUN ORIDA. THE ABOVE DESCRIBED LANDS ARA�ATED IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. AND THE FOLLOWING WETLAND AREAS: Parcel 17: TRACT "A", (LAKE) AS SHOWN AS LOT 1-A 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,AND Parcel 18• TRACT"I", (LAKE)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,AND Parcel 19• TRACT "J", (DETENTION) AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3,AS RECORDED IN PLAT BOOK 60,AT PAGES 29, 30 AND 31,AND Page 4 of 17 Page 197 of 972 Book22771/Page1864 Page 5 of 18 Parcel 20• TRACT "K", (LAKE) AND TRACT "S" (LAKE) AS SHOWN AS LOT 1-A ON THE PLAT Q NTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.5,AS RECORDED IN PLAT BOOK 57, A GES 189 AND 190,AND 2 TRAM",(LAKE) AND TRACT"P"(LAKE)AND TRACT"Q"(LAKE)AS SHOWN AS LOT I- A O PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.6, AS RECORDED IN PLA OK 57,AT PAGES 191, 192 AND 193. ALL THEE DESCRIBED LANDS ARE SITUATED IN THE CITY OF BOYNTON BEACH, PALM BEA OUNTY,FLORIDA. TOGETHER WI: Parcel 22: Zs' TRI-RAIL ACCESS A PARCEL OF LANkSOUTHE SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 WEST, PALM BEACH COUNALSO BEING A PORTION OF TRACTS 90 AND 91 OF THE PLAT OF QUANTUM NTON BEACH, P.I.D. PLAT NO. 8, AS RECORDED IN PLAT BOOK 57, AT PAGESOF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,BEING MORLY DESCRIBED AS FOLLOWS: BEGINNING AT THEC ORNER OF SAID TRACT 90; THENCE SOUTH 86' 35' 25" WEST, ALONG THE SOUTH LIN TRACT, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 91, A DISTAN FEET; THENCE SOUTH 35° 46' 19" WEST, A DISTANCE OF 38.76 FEET TO A POHE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING AOF 566.00 FEET AND A CENTRAL ANGLE OF 100 08' 06" (A RADIAL LINE PASSING SAID POINT BEARS NORTH 740 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. 12 FOOT DRAINAGE EASEMENT ACROSS LOT#13 : Parcel 23: 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: Page 5 of 17 Page 198 of 972 Book22771/Pagel 865 Page 6 of 18 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 010 16' 01" EAST A DISTANCE OF 170.61 FEET; ffENORTH 75° 20' 02" WEST A DISTANCE OF 310.33 FEET TO A POINT LYING ON THE RLY LINE OF SAID LOT 13 AND THE WESTERLY TERMINUS OF THIS DESCRIPTION. i°Z"(LAKE): Parc"' : 0TRAC4 QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 5 ACCORDING TO THE PLAT T OF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAL CH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 57,PAGE 189. 20 FOOT D"AGE EASEMENT ACROSS LOT##32 33 &34: Parcel 25• A PORTION OF LOT02, 33, AND 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDINTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 29 THROUGH 31 OF T LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: U; �a A 20.00 FOOT STRIP OF OR A DRAINAGE EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING RIBED CENTERLINE: BEGIN AT THE NORTHWEST ER OF SAID LOT 33, THENCE N 69° 30' 00"E ALONG THE NORTHERLY LINE OF SAID LOM-1-36.50 FEET;THENCE S12° 50' 29"E, 193.21 FEET;THENCE S00° 23' 33"E, 121.20 FEET; THE 77° 22'23"E, 272.96 FEET; THENCE N52° 58'58"E, 115.12 FEET; THENCE N12° 44' 17"W, 16 FEET; THENCE N18° 38' 32"W, 149.34 FEET; THENCE N690 30' 00"E,39.54 FEET,ALONG ID NORTHERLY LINE OF LOT 33 TO THE POINT OF TERMINATION. 20 FOOT DRAINAGE EASEMENT ACROSS LOT##59&60: Parcel 26• A PARCEL OF LAND SITUATE IN SECTION 17,TOWNSHIP 45 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LOTS 59 AND 60, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, INCLUSIVE, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA, BEING A DRAINAGE AND LAKE ACCESS EASEMENT 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 59, THENCE SOUTHWESTERLY ALONG THE EAST RIGHT-OF-WAY OF QUANTUM LAKES DRIVE AS SHOWN IN SAID PLAT NO. 6, SOUTH 46° 06' 06" WEST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, SOUTH 43° 13' 54" EAST, A DISTANCE OF 47.18 FEET; THENCE SOUTH 02° 01' 42" WEST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 470 10' 42"EAST, A DISTANCE OF 140.17 FEET; THENCE NORTH 46°46' 06" Page 6 of 17 Page 199 of 972 Book22771/Pagel 866 Page 7 of 18 EAST,A DISTANCE OF 43.75 FEET; THENCE SOUTH 43° 13' 54"EAST,A DISTANCE OF 200.25 FEET TO THE TERMINUS OF THE CENTERLINE. TSIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR S TENED, AS NECESSARY, IN ORDER TO MAINTAIN CONTINUOUS STRIPS OF LAND .0 EET IN WIDTH, AND TO INTERSECT EXISTING EASEMENTS AND RIGHTS OF WAY O CgRD. LO -C: a Parcel LOT 34C, TUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3 ACCORDING TO THE PLAT THE CORDED IN PLAT BOOK 60,PAGE 29, PUBLIC RECORDS OF PALM BEACH COUNTY,FL TRACTS A-1,A-2j�-A,AND 16-A: Parcel 28• 0 D ALL OF TRACTS A-I A-2, AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT �S RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BE ,CQUNTY,FLORIDA. Parcel 29• ALL OF TRACTS 15-A AND 16SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 AS ORDED IN PLAT BOOK 57, PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH CO FLORIDA. IRRIGATION EASEMENT ACROS �jCT"E": Parcel 30: BEING A PORTION OF TRACT E, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6; THENCE NORTH 460 46' 06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E,A DISTANCE OF 70.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 430 13' 54"WEST, 100.00 FEET; THENCE NORTH 460 46' 06"EAST,32.00 FEET; THENCE SOUTH 230 13' 54"EAST, 84.00 FEET; Page 7 of 17 Book22771/Pagel 867 Page 8 of 18 THENCE NORTH 460 46'06" EAST, 233.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 430 13' 54"WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 9 . FEET,A CENTRAL ANGLE OF 30°46' 09",AN ARC DISTANCE OF 585.46 FEET; 0 T SOUTH 740 00' 03"EAST 16.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CUR ONCAVE TO THE NORTHWEST SAID POINT BEING THE NORTHWEST CORNER OF LOT 61SHOWN ON SAID PLAT (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 740005 ST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOT 61 AND LOT 60 AND ALO D CURVE HAVING A RADIUS OF 1106.19 FEET, A CENTRAL ANGLE OF 30° 46' 09",ANA TANCE OF 594.46 FEET TO THE POINT ON TANGENCY; THENCE SOUT46' 06"WEST 265.68 FEET TO THE POINT OF BEGINNING. CONTAINING 163X4.90 SQUARE FEET,MORE OR LESS. ACCESS EASEME ROSS LOT##59&60: Parcel 31: 0 A PORTION OF LOTS 59 , QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PL HEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, OF THE PU RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESC AS FOLLOWS: COMMENCING AT THE MOST NHWESTERLY CORNER OF LOT 59 LYING ON THE EAST RIGHT-OF-WAY LINE OF QUAN'' LAKES DRIVE, TRACT "E", ACCORDING TO SAID PLAT; ;z' THENCE SOUTH 460 46' 06" WEST G SAID EAST RIGHT-OF-WAY LINE AND WEST LINE OF LOT 59, A DISTANCE OF 36.81 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (SAID POINT BEARS SOUTH 590 54' 51" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 13° 12' 15", AN ARC DISTANCE OF 7.58 FEET TO A POINT OF TANGENCY; THENCE SOUTH 430 17' 24" EAST 26.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 12° 59' 29", AN ARC DISTANCE OF 41.95 FEET TO THE BEGGINNING OF A REVERSE CURVE CONCAVE TO SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 73.00 FEET, A CENTRAL ANGLE OF 23° 12' 35", AN ARC DISTANCE OF 29.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; Page 8 of 17 118 e 2E)i of 972 Book22771/Pagel 868 Page 9 of 18 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 540.77 FEET, A CENTRAL ANGLE OF 05° 22' 04", AN ARC DISTANCE OF 50.66 FEET TO THE jB INNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST; E SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 43.00 F 0 CENTRAL ANGLE OF 500 27' 48", AN ARC DISTANCE OF 37.87 FEET TO THE BE ING OF A REVERSE CURVE CONCAVE TO THE SOUTH; THENCE THEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 FEET, ENTRAL ANGLE OF 19° 24' 27", AN ARC DISTANCE OF 16.49 FEET TO THE BEGINNF A REVERSE CURVE CONCAVE TO THE NORTH; THENCE N ASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CE ANGLE OF 63°42' 47", AN ARC DISTANCE OF 20.02 FEET TO A POINT OF TANGENCY; THENCE NORTHVO 47' 30" EAST, 90.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE r1TH; THENCE NORTHEAOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS A CENTRAL ANGLE OF 90° 12' 52", AN ARC DISTANCE OF 65.20 FEET TO A ENCY; THENCE SOUTH 420',N8.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE THENCE SOUTHEAD_-NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 21.34 FEI CENTRAL ANGLE OF 890 51' 14", AN ARC DISTANCE OF 33.47 FEET TO A POINT OF TAi"CY; THENCE NORTH 470 09' 08"EAST, EET; THENCE SOUTH 430 17' 24"EAST, 125.63 FEET OF SAID POINT LYING ON THE EAST LINE OF SAID LOT 60; THENCE SOUTH 47° 13' 27"WEST ALONG THE EAST LINE OF SAID LOT 60,A DISTANCE OF 127.00 FEET; THENCE NORTH 420 46' 33"WEST, 12.00 FEET; THENCE NORTH 470 13' 27" EAST, 94.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90° 30' 51", AN ARC DISTANCE OF 31.60 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 64.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; Page 9 of 17 Page 202 of 972 Book22771/Pagel 869 Page 10 of 18 THENCE NORTHWESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5.00 FEET,A CENTRAL ANGLE OF 89° 33' 28",AN ARC DISTANCE OF 7.82 FEET TO A POINT OF TANGENCY; T CE SOUTH 470 09' 08"WEST, 242.60 FEET TO THE BEGINNING OF A TANGENT CURVE O VE TO THE NORTH; T 0 SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HA A RADIUS OF 45.34 FEET, A CENTRAL ANGLE OF 89° 51' 14", AN ARC DISTANCE OF 71.10�ffT TO A POINT OF TANGENCY; THENCE ORTH 420 59' 38" WEST, 18.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVHE SOUTH; THENCE SO STERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 17.41 FEET, A CENT ANGLE OF 900 12' 52",AN ARC DISTANCE OF 27.41 FEET TO A POINT OF TANGENCY; THENCE SOUTH 4"' 30" WEST, 91.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE HEAST; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CENTRAL A 620 49' 18", AN ARC DISTANCE OF 19.74 FEET TO THE BEGINNING OF A REVER VE CONCAVE TO THE NORTH; THENCE SOUTHWESTERLNORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 , A CENTRAL ANGLE OF 2020 36' 53", AN ARC DISTANCE OF 172.20 FEET TO THE B rING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALON� ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 49° ARC DISTANCE OF 21.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 43° 17' 24" WEST, 32.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 53.82 FEET, A CENTRAL ANGLE OF 17° 59' 59", AN ARC DISTANCE OF 16.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 62.34 FEET,A CENTRAL ANGLE OF 170 59' 59", AN ARC DISTANCE OF 19.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 85.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 240 41' 22",AN ARC DISTANCE OF 14.16 FEET TO A POINT OF NON-TANGENCY, SAID POINT LYING ON THE WEST LINE OF LOT 59 AND THE EAST RIGHT-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, (SAID POINT BEARS Page 10 of 17 Page 203 of 972 Book22771/Pagel 870 Page 11 of 18 NORTH 22° 01' 14" EAST FROM THE RADIUS POINT OF THE PREVIOUSLY DESCRIBED CURVE); T NCE NORTH 460 46' 06" EAST ALONG THE WEST LINE OF LOT 59 AND THE EAST RI T-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, 54.54 FEET TO THE OF BEGINNING. P LOTS 09 10&27 FOR QUANTUM BOULEVARD ROUNDABOUT: Parc_.._.. e 2:ro A POR& OF TRACT "B" AND LOTS 9 AND 10 OF "QUANTUM PARK AT BOYNTON BEACH, P.%APORTION T NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, 184 AND 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORtFLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 3", AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31,PALM H COUNTY RECORDS,FLORIDA,THENCE N.09°05' 43"E.,ALONG V THE WEST RIGHT-OF LINE OF QUANTUM BOULEVARD, FOR 53.84 FEET TO THE POINT OF BEGINNING, POINT "A'; THENCE N.39° 20' 38"W., FOR A DISTANCE OF 6.68 FEET; THENCE N.09° ,FOR A DISTANCE OF 73.87 FEET;THENCE N.56°29' 36"E., FOR A DISTANCE OF 6.79 TO POINT "B"; THENCE S.09° 05' 43"W., ALONG THE WEST RIGHT-OF-WAY LINE OF Q TUM BOULEVARD, FOR A DISTANCE OF 82.90 FEET TO SAID POINT"A",BEING THE POF BEGINNING. TOGETHER WITH, 0 COMMENCING AT SAID POINT "t-, NCE N.62° 46' 53"E., FOR A DISTANCE OF 124.10 FEET TO POINT "C", BEING THEF BEGINNING; THENCE S.40° 56' 24"E., FOR A DISTANCE OF 95.33 FEET; THEN05' 43"W., FOR A DISTANCE OF 108.00 FEET; THENCE S.590 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. DRAINAGE EASEMENT ACROSS LOT#90(TRI-RAIL) Parcel 33: 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" Page 11 of 17 Page 204 of 972 Book22771/Pagel 871 Page 12 of 18 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 210 24' 48" EAST, A DISTANCE OF 71.05 FEET; THENCE NORTH 88° 24' 22" WEST, A DI ANCE OF 253.38 FEET TO A POINT ON THE WEST LINE OF SAID LOT 90; THENCE 21° 57' 58" EAST ALONG SAID WEST LINE, A DISTANCE OF 26.67 FEET; THENCE 88° 24' 22" EAST, A DISTANCE OF 279.68 FEET; THENCE SOUTH 210 24' 48" WEST, A D CE OF 99.95 FEET; THENCE SOUTH 08° 33' 11" EAST, A DISTANCE OF 103.13 FEET; T SOUTH 030 27' 07" EAST, A DISTANCE OF 501.53 FEET TO THE POINT OF BEG G. �(n1. SURVEYOR'S NOTES: BEARINGS OWN HEREON ARE REFERENCED TO QUANTUM PARK AT BOYNTON BEACH, PIAT NO. 8, PLAT BOOK 57, PAES 196 AND 197, PUBLIC RECORDS OF PALM BEACH CO LORIDA, RESULTING IN A BEARING OF SOUTH 86° 35' 25" WEST ALONG THE SOUTH L OF LOT 90 AS SAME IS SHOWN ON SAID PLAT. ACCESS EASEMENT ACROSS PART OF TRACT"A" (CUL-DE-SAC): Parcel 34• A PORTION OF TRAC ' 'TOGETHER WITH A PORTION OF LOT 66, QUANTUM PARK AT BOYNTON BEACH, P.I. NO. 9, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60, PA OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICU Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTE ION OF THE CENTERLINE OF HIGH RIDGE ROAD (100 FOOT WIDE RIGHT OF WAY) TITHE CENTERLINE OF QUANTUM LANE (50 FOOT WIDE RIGHT OF WAY)AS SHOWN ON I PLAT; THENCE NORTH 750 49' 01"WEST, a G THE QUANTUM LANE CENTERLINE, 100.00 FEET TO THE BEGINNING OF A TANG' VE CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 916.51 FEET,A CENTRAL ANGLE OF 30°47' 10",AN ARC DISTANCE OF 492.46 FEET; THENCE SOUTH 490 15' 59"WEST, 5.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 49° 15' 59" WEST, 20.03 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 450 05' 01" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 51° 54' 11", AN ARC DISTANCE OF 22.65 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSED CURVE HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 38° 32' 44", AN ARC DISTANCE OF 40.36 FEET; Page 12 of 17 Page 205 of 972 Book22771/Pagel 872 Page 13 of 18 THENCE SOUTH 860 18' 57" WEST, 22.10 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 460 38' 02"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 E CENTRAL ANGLE OF 180 0V 42",AN ARC DISTANCE OF 23.60 FEET; T 0 NORTH 860 18' 57" EAST, 40.92 FEET TO A POINT ON THE ARC OF A NON- TAT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NWH 40°02' 57"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CL ANGLE OF 460 52' 08", AN ARC DISTANCE OF 35.72 FEET TO A POINT OF REVERSE TURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, A CENTRNGLE OF 53° 45' 48", AN ARC DISTANCE OF 42.23 FEET TO THE POINT INNING. OF BEGV LESS THE FOLLD ING: 0 PART OF PARK RIDGE VARD FOR SCHOOL: THAT PORTION OF PAR %BOYNTON BOULEVARD TRACT "F" OF QUANTUM PARK AT BEACH P.I.D. PL4, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK O IRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PL , 57, PAGE 186, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q BEGIN AT THE NORTHWEST CO F SAID LOT 53, THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID PARK 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 030 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 890 12' 52"FOR 835.80 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, SO10 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, N420 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 860 59' 23" FOR 966.78 FEET TO A POINT OF TANGENCY; THENCE N00° 02' 36"E Page 13 of 17 Book22771/Page 1873 Page 14 of 18 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 060 27' 17"FOR 636.77 FEET; CE DEPARTING SAID WESTERLY RIGHT-OF-WAY, N90° 00' 00"E FOR 100.62 FEET TO STERLY RIGHT-OF-WAY OF SAID PARK RIDGE BOULEVARD TRACT "F", BEING A C OCONCAVE TO THE WEST, HAVING A RADIUS OF 5752.40 FEET, WHERE THE LINE BEARS 5830 42' 03"W; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY A VE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 030 10' 44" FOR 319.17 FEET TO TIM WNT OF BEGINNING. LIFT ST�1N: THE LAND TIFIED AS THE "LIFT STATION" ON PAGE 2 OF THE PLAT OF QUANTUM PARK AT B N BEACH,P.I.D., PLAT NO. 5 RECORDED IN PLAT BOOK 57,PAGE 189 OF THE PUBLIC RDS OF PALM BEACH COUNTY,FLORIDA, SITUATE, LYING AND BEING IN PALM BEACFk�"TY,FLORIDA. PART OF TRACTS r`r '1 AND"O" (QUANTUM LAKES DRIVE &LAKE): D A PARCEL OF PROP BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNT ARIDA, BEING A REPLAT OF A PORTION OF TRACTS E AND Q, QUANTUM PARK AT N BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PA ACH COUNTY, FLORIDA, SHOWN HEREON AS "QUANTUM PARK AT BOYNTON B P.I.D. PLAT NO. 6 REPLAT NO. V BEING MORE PARTICULARLY DESCRIBE LLOWS: BEING A PORTION OF TRAC P :�f1ND Q, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, 191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICULARLY�CRIBED AS FOLLOWS: COMMENCING AT THE MOSTY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6, RUN THENCE 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E, A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID NORTHWESTERLY LINE OF LOT 60 AND SAID SOUTHEASTERLY LINE OF SAID TRACT E), A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF TRACT Q, AS SAME IS SHOWN ON SAID PLAT NO. 6: THENCE NORTH 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG SAID SOUTHEASTERLY LINE OF TRACT Q, A DISTANCE OF 85.86 FEET; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID SOUTHEASTERLY LINE OF TRACT Q),A DISTANCE OF 34.76 FEET;THENCE NORTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 95.49 FEET; THENCE NORTH 44 DEGREES 31 MINUTES 24 SECONDS EAST,A DISTANCE OF 143.54 FEET;THENCE NORTH 57 DEGREES 07 MINUTES 22 SECONDS EAST, A DISTANCE OF 59.93 FEET; THENCE NORTH 35 DEGREES 05 MINUTES 07 SECONDS EAST, A DISTANCE OF 48.60 FEET; THENCE NORTH 25 DEGREES 24 MINUTES 11 SECONDS EAST, A DISTANCE OF 48.26 FEET; THENCE NORTH 33 DEGREES 26 MINUTES 59 SECONDS EAST, A DISTANCE OF 87.46 FEET; THENCE NORTH 38 DEGREES 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 97.65 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 25 SECONDS EAST, A DISTANCE OF 140.69 FEET; THENCE NORTH02 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 33.53 FEET; THENCE NORTH 08 DEGREES 18 MINUTES 59 SECONDS EAST,A DISTANCE OF 124.56 FEET; THENCE NORTH 15 Page 14 of 17 Page-207 of 972 Page 15 of 18 DEGREES 13 MINUTES 07 SECONDS EAST, A DISTANCE OF 112.61 FEET; THENCE NORTH 20 DEGREES 49 MINUTES 41 SECONDS WEST,A DISTANCE OF 62.02 FEET; THENCE NORTH 52 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 22.22 FEET; THENCE NORTH 57 DI3qREES 45 MINUTES 47 SECONDS WEST, A DISTANCE OF 132.16 FEET TO THE POINT ON JO CONCAVE TO THE SOUTH HAVING A RADIUS OF 1583.02 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29 DEGREES 32 MINUTES 57 SECONDS THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A L ANGLE OF 21 DEGREES 29 MINUTES 20 SECONDS, A DISTANCE OF 593.71 FEET INT ON THE EAST LINE OF SAID TRACT E, SAID EAST LINE BEING A CURVE CONC��EGREES OUTHEASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUT 03 MINUTES 37 SECONDS EAST); THENCE SOUTHWESTERLY ALONG SAID E OF TRACT E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRALOF 81 DEGREES 48 MINUTES 48 SECONDS A DISTANCE OF 439.28 FEET TO A POINVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS19 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH ANGLE OF 46 DEGREES 38 MINUTES 30 SECONDS, A DISTANCE OF 900.50 FEET TOOINT OF TANGENCY; THENCE SOUTH 46 DEGREES 46 MINUTES 46 SECONDS WEST, DISTANCE OF 321.40 FEET TO THE POINT OF BEGINNING. PART OF TRACT " LANES- UANTUM BOULEVARD): A PORTION OF TRAC i QF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, ACCORDING TO THE P REOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND 185 OF THE PUBLIC S OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIB FOLLOWS: BEGINNING AT THE SOUTH�ORNER OF LOT 24 OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS ED IN PLAT BOOK 60,PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORDS, FL A; THENCE S12' 34' 13"W, ALONG THE WEST RIGHT- OF-WAY LINE OF QUANTUM BO ARD, FOR 133.91 FEET; THENCE S77° 25' 47"E, FOR 50.00 FEET (THE NEXT 3 COU EING ALONG THE CENTERLINE OF QUANTUM BOULEVARD); THENCE N12° 34' 1 ' R 276.91 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; T NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6937.50 FEET AND A CENTRAL ANGLE OF 030 28' 30", FOR 420.76 FEET TO A POINT OF TANGENCY; THENCE N09° 05' 43"E, FOR 9.51 FEET TO POINT "A'; THENCE N390 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 030 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 580 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 Page 15 of 17 �,eBuf 972 Book22771/Pagel 875 Page 16 of 18 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; =N56-29' 36"E,FOR 67.93 FEET TO POINT"B",BEING THE POINT OF BEGINNING. "A"(QUANTUM LANE),: Q ALTRACT"A" QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 9, PLAT BOOK 60,WS 32-33 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID" PARTS T CTS"E" "B" "P"AND" "(QUANTUM LAKES DRIVEQUANTUM BOULEV WATER MANAGEMENT LAKES BEIN RTION OF TRACT E,A PORTION OF TRACT B,A PORTION OF WATER MANAGEMEN T CT P AND A PORTION OF WATER MANAGEMENT TRACT Q, QUANTUM PARK AT BOYN BEACH,P.I.D. PLAT NO. 6,PLAT BOOK 57,PAGES 191 THROUGH 193, PUBLIC RECORD`S�OF PALM BEACH COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: BEGINNING E MOST SOUTHERLY CORNER OF TRACT 101,QUANTUM PARK AT BOYNTON BEAC PLAT NO. 6,REPLAT NO. 1,PLAT BOOK 94,PAGES 176 THROUGH 177,PUBLI ARDS OF PALM BEACH COUNTY,FLORIDA, RUN THENCE SOUTH 4646'06" WEST THE SOUTHERLY LINE OF SAID TRACT E,A DISTANCE OF 234.56 FEET TO THE PO URVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 67 ET;THENCE SOUTHWESTERLY CONTINUING ALONG THE SAID SOUTHERLY LINE OF E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4500'0 ' STANCE OF 528.20 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CO E TO THE NORTH HAVING A RADIUS OF 600.00 FEET; THENCE WESTERLY ALONG T C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4618'32",A DISTANCE OF 484.95 A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVIN IUS OF 370.39 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE GH A CENTRAL ANGLE OF 5810'10",A DISTANCE OF 376.04 FEET TO THE ORTHERLY CORNER OF LOT 52,QUANTUM PARK AT BOYNTON BEACH P.I.D.,PLAT NO. 5,PLAT BOOK 57,PAGES 189 THROUGH 190, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA;THENCE NORTH 3557'52"EAST,A DISTANCE OF 1.45 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD, SAID SOUTH RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT E, SAID NORTH LINE ALSO BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 0948'51"WEST; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF TRACT E AND AN EASTERLY EXTENSION THEREOF AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1650'15",A DISTANCE OF 493.83 FEET;THENCE SOUTH 27-20'01"EAST(DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD),A DISTANCE OF 60.48 FEET; THENCE SOUTH 3212'46"WEST,A DISTANCE OF 59.45 FEET;THENCE SOUTH 0110'21" WEST,A DISTANCE OF 36.31 FEET;THENCE SOUTH 1819'22"EAST,A DISTANCE OF 61.97 FEET;THENCE SOUTH 5116'20"EAST,A DISTANCE OF 63.39 FEET;THENCE SOUTH 6758'55"EAST,A DISTANCE OF 196.73 FEET;THENCE SOUTH 7903'27"EAST,A DISTANCE OF 64.97 FEET;THENCE NORTH 6339'33"EAST,A DISTANCE OF 91.62 FEET; THENCE SOUTH 8827'13"EAST,A DISTANCE OF 60.93 FEET;THENCE NORTH 87-35'30" EAST,A DISTANCE OF 78.26 FEET;THENCE NORTH 5949'02" EAST,A DISTANCE OF 60.71 FEET; THENCE NORTH 53--21'50"EAST,A DISTANCE OF 138.47 FEET;THENCE NORTH 3307'12" Page 16 of 17 Book22771/Pagel 876 Page 17 of 18 EAST,A DISTANCE OF 18.99 FEET;THENCE NORTH 1018'56" WEST,A DISTANCE OF 41.37 FEET;THENCE NORTH 3711'04" WEST,A DISTANCE OF 42.62 FEET; THENCE NORTH 4624'56"WEST,A DISTANCE OF 68.74 FEET;THENCE NORTH 6659'36"WEST,A DISTANCE OF 2 5.11 FEET;THENCE NORTH 3942'05" WEST,A DISTANCE OF 68.92 FEET; THENCE CE H 336'25"WEST,A DISTANCE OF 44.89 FEET;THENCE NORTH 2808'17" WEST,A bf'SCE OF 69.51 FEET;THENCE NORTH 3550'47"WEST,A DISTANCE OF 133.92 FEET TO A .ON THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEWAY BOULEVARD, S UTHERLY RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT B, SAI TH LINE ALSO BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RAD �&OULEVARD 680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 4226'42" WEST; THENRTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEW AND ALONG SAID NORTH LINE OF TRACT B AND ALONG THE ARC OF S URVE THROUGH A CENTRAL ANGLE OF 047'12",A DISTANCE OF 23.07 FEET TO T INT OF TANGENCY;THENCE NORTH 4646'06"EAST CONTINUING ALONG THE SAID S GHT OF WAY LINE OF GATEWAY BOULEVARD AND SAID NORTH LINE OF TRA ,A DISTANCE OF 126.58 FEET;THENCE SOUTH 5404'05"EAST (DEPARTING FR AID SOUTH RIGHT OF WAY LINE AND SAID NORTH LINE OF TRACT B),A DISTANCE 152.06 FEET;THENCE SOUTH 5304'29"EAST,A DISTANCE OF 57.82 FEET; THENCE SO 3507'29"EAST,A DISTANCE OF 65.01 FEET;THENCE SOUTH 4330'50" EAST,A NCE OF 150.19 FEET;THENCE SOUTH 3059'27"EAST,A DISTANCE OF 33.97 FEET;THE OUTH 4313'54"EAST,A DISTANCE OF 121.93 FEET TO A POINT ON THE NORTHERLY SAID TRACT 101;THENCE SOUTH 4646'06" WEST ALONG SAID NORTHERLY LIN TANCE OF 22.84 FEET;THENCE SOUTH 4313'54"EAST ALONG THE SOUTHWES LINE OF SAID TRACT 101,A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNIN CONTAINING 7.605 A S,MORE OR LESS. 0 Q Page 17 of 17 Page 210 sf-972— Book22771/Page 1877 Page 18 of 18 PAPA Banner Location Address NW 22ND AVE Municipality BOYNTON BEACH Parcel Control Nunber 08-43-45-17-09-000-0930 Sul vision QUANTUM PARK AT BOYNTON BEACH PL 3 Official Records Book 22771 Page 1860 Sale Tate JUL-2008 Leal Description QUANTUM PARK AT BOYNTON BEACH PL 3 LT 93 Owners -- Mailing address QUANTUM PARK OVERLAY 2501 BURNS RD STE A DEPENDENT DISTRICT PALM BEACH GARDENS FL 33410 5207 Sales Tate Price OR BooldPag� Sale ' e 1Twax�er JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DISTRICT MAR- 08158/ WARRANTY QUANTUM COMMUNITY DEV 1994 $1,886,500 01306 DEED DISTRICT Exe tion Applicant/Own:r star Detail QUANTUM PARK OVERLAY 2019 FULL.GOVT INDEPENDENT DISTS DEPENDENT DISTRICT *Total SquareI u nber of Units 0 Peet 0 Acres 25.7011 1Jsa Cade 8000- PID-Planned Industrial Ded(08- DISTRICTS Zoning BOYNTON BEACH) 'T'ax Year --20l8 2017 2016 Improvement Value $3,249 $3,158 $3,226 Land Value $4,047,923 $4,047,923 $3,855,165 Total Market Value $4,051,172 $4,051,081 $3,858,391 All values are as of January 1 st each year Tax Year 2018 2017 2016 Assessed Value $4,051,172 $3,891,236 $3,537,487 E xemptionAmount $4,051,172 $3,891,236 $3,537,487, Taxable Valu $0 $0 $0 Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0 Nunn Ad Valorem $0 $0 $0'' Total tax $0 $0 $0 Page 211 of 972 11111111111111111111112 h1ININ11111112 CPN 20080275719 OR BK 22771 PG 1860 WC-70 RECORDED 07/23/2008 15:55:23 THIS INSTRUMENT PREPARED BY AND RETURN TO: Palm Beach County, Florida BERNARD A.CONKO,ESQ. Sharon R. Bock,CLERK & COKPTROLLER COHEN,NORRIS,SCHERER,WEINBERGER&WOLMER PJB 1860 — 1877 (18pgo) 712 U.S. HWAY ONE, #400 NORT BEACH,FL 33408 Prope 1 Numbers:n/a Q SPECIAL WARRANTY DEED 0 THI CIAL WARRANTY DEED made this day of �� I� ,2008,between QUANTUM COMMUNI E ELOPMENT DISTRICT,an independent special district eated pursuant to Chapter ct c Florida Statutes,Grantor, ANTUM PARK OVERLAY DEPENDENT DISTRICT,a dependent special district created pursuant to Chapte lorida Statutes,whose post office address is 2501-A Burns Road,Palm Beach Gardens,Florida 33410,Grantee. WITNESSETH at said Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideratiO14 said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold t said Grantee,and Grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Bea ty,Florida,to-wit: See Exhibit A attaceto and incorporated herein by reference 0 SUBJECT to the reservati�is_ „fictions and easements of record and those set forth in the attached Exhibit B. TO HAVE AND TO HOLD ove granted,bargained and described premises in fee simple forever. And said Grantor does hereby fut the title to said land,and will defend the same against the lawful claims of I persons claiming by,through or the Grantor. IN W ESS WHE F,Grantor has here�(ur�� t Grantor's hand and seal the day and year first above written. Sign ,sealed and n the presence of- QUANJUM COM UNITY DEVELOPMENT DISTRICT TNESS /� � f rinted Name' By: f M.C.Fergu on,Chairman 2501-A Burns Road Palm Beach Gardens,Florida 33410 I SS �, / ne Printed Name:�i°t// /t� fi/ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged to me this_LL2008day of �U ` by M.C.Ferguson, Chairman,of QUANTUM COMMUNITY DEVELOPMENT DISTRICT ho is M ersonally wn to a or[ ]who has produced as identification. /`/� (SEAL) BERNARD A.CON a ub is VW noi# w rint Name: orw9,210 SMRES:July2o m Expire: I-WO-3NOMW PL NMry Db=m t Ateoa Co. Page 212 of 972 Book22771/Pagel 860 Page 1 of 18 EXHIBIT"A" LEGAL DESCRIPTION FOR REAL PROPERTY AND IMPROVEMENTS VLUANTUM BOULEVARD: O Pa ALL F jTCT"C"AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, F.I.D. O. 1-A,AS RECORDED IN PLAT BOOK 57,AT PAGES 180 AND 181,OF THE PUBLICORDS OF PALM BEACH COUNTY,FLORIDA. TOGETHE H: Parcel 2• ALL OF TRACT'V,AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO.1 A CORDED IN PLAT BOOK 57,AT PAGES 182 AND 183,OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: a Parcel 3• ALL OF TRACT"B",AS SHOTHE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2,AS RECO*BACIJ PLAT BOOK 57,AT PAGES 184 AND 185,OF THE PUBLIC RECORDS OF PALCOUNTY,FLORIDA. TOGETHER WITH: Q 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 PLAM 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 PLAM BEACH COUNTY,FLORIDA. Page 1 of 17 Page 213 of 972 Book22771/Pagel 861 Page 2 of 18 AND THE FOLLOWING FOR PARK RIDGE BOULEVARD: Parcel 6• A F TRACT"F",AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, LAT NO.4,AS RECORDED IN PLAT BOOK 57,AT PAGES 186, 187 AND 188,OF THE CCORDS OF PLAM BEACH COUNTY,FLORIDA. ANDviHnUOLLOWING FOR ALPHA DRIVE AND BETA DRIVE: Parcel 7..Q ✓ ALL OF T "A",TOGETHER WITH ALL OF TRACT"B',AS SHOWN ON THE PLAT, QUANTUM T BOYNTON BEACH,P.I.D.PLAT NO. 10,AS RECORDED IN PLAT BOOK 60,AT PA*GES , 5 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE FOLLOWYN6FOR HIGH RIDGE ROAD: Parcel 8• ALL OF TRACT"C",AS ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.P.PLAT NO. 6,AS REC IN PLAT BOOK 57,AT PAGES 191, 192 AND 193 OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: V Parcel 9• 0 ALL OF TRACT"C",AS SHOWN ON LAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO. 5,AS RECORDED BOOK 57,AT PAGES 189 AND 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNT A. 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 THE FOLLOWING TWO DESCRIBED PARCELS: 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. '/4)OF SAID SECTION 21, BOUNDED AS FOLLOWS: Page 2 of 17 Page 214 of 972 Book22771/Page 1862 Page 3 of 18 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- , AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN DEED RECORDED IN OFFICIAL RDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY; SOUTH: BY A LINE 367.49 FEET NORTH OF(AS MEASURED AT RIGHT ANGLES TPARALLEL WITH THE NORTH RIGHT-OF-WAY OF SAID BOYNTON CANAL,C-16; OMTEAST: BY A LINE 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) A RALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER (N.W. '/4) OF SAI CTION 21. IT IS INTETHAT THE NORTH LINE, THE EAST LINE AND THE SOUTH LINE OF THIS PARCEL BE MON LINE RESPECTIVELY TO: THE WESTERLYTENSION OF THE NORTH LINE, THE WEST LINE, AND THE WESTERLY EXTENSION OF SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE J. AND HARRIET GOTS AND DESCRIBED AS PARCEL"D" IN DEED RECORDED IN OFFICIAL RECORD BOOK 5139,rGE 0153. A PARCEL OF LAND si IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BE ATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40.00 FEET OF T RTHWEST ONE-QUARTER(N.W. 1/4)OF SAID SECTION 21, LYING NORTH OF THE N GHT-OF-WAY LINE OF THE BOYNTON CANAL (A PERPETUAL EASEMENT) 'CO BY THE CENTRAL AND SOUTHERN FLOOD CONTROL DISTRICT AS RECORDED IN O AL RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY, - kRED TH OF A LINE 367.49 FEET NORTH OF (AS MEASURED AT RIGHT ANGLESSAID NORTH RIGHT-OF-WAY LINE, SAID LINE ALSO BEING THE NORTH LINE OERTAIN PARCEL CONVERYED TO CURT G. JOA- INC., AS DESCRIBED IN A DEED IN OFFICIAL RECORDS BOOK 1711, PAGE 371 OF THE PUBLIC RECORDS OF SAID COUNTY. AND THE FOLLOWING FOR QUANTUM LANE: Parcel 12: ALL OF TRACT "A", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.9, AS RECORDED IN PLAT BOOK 60, AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. 1. QUANTUM BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR CONGRESS AVENUE, A PORTION OF TRACT "A", AS SHOWN ON SAID PLAT, QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO. 1-A. 2. PARK RIDGE BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR N.W. 22nD AVENUE, A PORTION OF TRACT "U", AS SHOWN ON SAID PLAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NOA. Page 3 of 17 Page 215 of 972 Book22771/Pagel 863 Page 4 of 18 AND THE FOLLOWING FOR TWO WETLAND CONSERVATION AREAS: Parcel 13• F TRACT "W", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, LAT NO.2, AS RECORDED IN PLAT BOOK 57,AT PAGES 184 AND 185 OF THE PUBLIC RIS OF PALM BEACH COUNTY,FLORIDA. TO R WITH: 0 Parcel ALL OFT T "T", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLA 3, AS RECORDED IN PLAT BOOK 60, AT PAGES 29, 30 AND 31 OF THE PUBLIC REC OF PALM BEACH COUNTY,FLORIDA. AND THE FOL G FOR TWO SAND PINE PRESERVES: Parcel 15: Q ALL OF LOT 93, ASON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS RECO JN PLAT BOOK 60, AT PAGES 29, 30, AND 31 OF THE PUBLIC RECORDS OF PALM BE � UNTY,FLORIDA. TOGETHER WITH: Parcel 16• ALL OF LOT 71,AS SHOWN ON T —LAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO.9,AS RECORDED IN PL OK 60,AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUN ORIDA. THE ABOVE DESCRIBED LANDS ARA�ATED IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. AND THE FOLLOWING WETLAND AREAS: Parcel 17: TRACT "A", (LAKE) AS SHOWN AS LOT 1-A 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,AND Parcel 18• TRACT"I", (LAKE)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,AND Parcel 19• TRACT "J", (DETENTION) AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3,AS RECORDED IN PLAT BOOK 60,AT PAGES 29, 30 AND 31,AND Page 4 of 17 Page 216 of 972 Book22771/Page1864 Page 5 of 18 Parcel 20• TRACT "K", (LAKE) AND TRACT "S" (LAKE) AS SHOWN AS LOT 1-A ON THE PLAT Q NTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.5,AS RECORDED IN PLAT BOOK 57, A GES 189 AND 190,AND 2 TRAM",(LAKE) AND TRACT"P"(LAKE)AND TRACT"Q"(LAKE)AS SHOWN AS LOT I- A O PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.6, AS RECORDED IN PLA OK 57,AT PAGES 191, 192 AND 193. ALL THEE DESCRIBED LANDS ARE SITUATED IN THE CITY OF BOYNTON BEACH, PALM BEA OUNTY,FLORIDA. TOGETHER WI: Parcel 22: Zs' TRI-RAIL ACCESS A PARCEL OF LANkSOUTHE SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 WEST, PALM BEACH COUNALSO BEING A PORTION OF TRACTS 90 AND 91 OF THE PLAT OF QUANTUM NTON BEACH, P.I.D. PLAT NO. 8, AS RECORDED IN PLAT BOOK 57, AT PAGESOF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,BEING MORLY DESCRIBED AS FOLLOWS: BEGINNING AT THEC ORNER OF SAID TRACT 90; THENCE SOUTH 86' 35' 25" WEST, ALONG THE SOUTH LIN TRACT, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 91, A DISTAN FEET; THENCE SOUTH 35° 46' 19" WEST, A DISTANCE OF 38.76 FEET TO A POHE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING AOF 566.00 FEET AND A CENTRAL ANGLE OF 100 08' 06" (A RADIAL LINE PASSING SAID POINT BEARS NORTH 740 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. 12 FOOT DRAINAGE EASEMENT ACROSS LOT#13 : Parcel 23: 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: Page 5 of 17 Page 217 of 972 Book22771/Pagel 865 Page 6 of 18 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 010 16' 01" EAST A DISTANCE OF 170.61 FEET; ffENORTH 75° 20' 02" WEST A DISTANCE OF 310.33 FEET TO A POINT LYING ON THE RLY LINE OF SAID LOT 13 AND THE WESTERLY TERMINUS OF THIS DESCRIPTION. i°Z"(LAKE): Parc"' : 0TRAC4 QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 5 ACCORDING TO THE PLAT T OF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAL CH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 57,PAGE 189. 20 FOOT D"AGE EASEMENT ACROSS LOT##32 33 &34: Parcel 25• A PORTION OF LOT02, 33, AND 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDINTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 29 THROUGH 31 OF T LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: U; �a A 20.00 FOOT STRIP OF OR A DRAINAGE EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING RIBED CENTERLINE: BEGIN AT THE NORTHWEST ER OF SAID LOT 33, THENCE N 69° 30' 00"E ALONG THE NORTHERLY LINE OF SAID LOM-1-36.50 FEET;THENCE S12° 50' 29"E, 193.21 FEET;THENCE S00° 23' 33"E, 121.20 FEET; THE 77° 22'23"E, 272.96 FEET; THENCE N52° 58'58"E, 115.12 FEET; THENCE N12° 44' 17"W, 16 FEET; THENCE N18° 38' 32"W, 149.34 FEET; THENCE N690 30' 00"E,39.54 FEET,ALONG ID NORTHERLY LINE OF LOT 33 TO THE POINT OF TERMINATION. 20 FOOT DRAINAGE EASEMENT ACROSS LOT##59&60: Parcel 26• A PARCEL OF LAND SITUATE IN SECTION 17,TOWNSHIP 45 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LOTS 59 AND 60, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, INCLUSIVE, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA, BEING A DRAINAGE AND LAKE ACCESS EASEMENT 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 59, THENCE SOUTHWESTERLY ALONG THE EAST RIGHT-OF-WAY OF QUANTUM LAKES DRIVE AS SHOWN IN SAID PLAT NO. 6, SOUTH 46° 06' 06" WEST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, SOUTH 43° 13' 54" EAST, A DISTANCE OF 47.18 FEET; THENCE SOUTH 02° 01' 42" WEST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 470 10' 42"EAST, A DISTANCE OF 140.17 FEET; THENCE NORTH 46°46' 06" Page 6 of 17 Page 218 of 972 Book22771/Pagel 866 Page 7 of 18 EAST,A DISTANCE OF 43.75 FEET; THENCE SOUTH 43° 13' 54"EAST,A DISTANCE OF 200.25 FEET TO THE TERMINUS OF THE CENTERLINE. TSIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR S TENED, AS NECESSARY, IN ORDER TO MAINTAIN CONTINUOUS STRIPS OF LAND .0 EET IN WIDTH, AND TO INTERSECT EXISTING EASEMENTS AND RIGHTS OF WAY O CgRD. LO -C: a Parcel LOT 34C, TUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3 ACCORDING TO THE PLAT THE CORDED IN PLAT BOOK 60,PAGE 29, PUBLIC RECORDS OF PALM BEACH COUNTY,FL TRACTS A-1,A-2j�-A,AND 16-A: Parcel 28• 0 D ALL OF TRACTS A-I A-2, AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT �S RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BE ,CQUNTY,FLORIDA. Parcel 29• ALL OF TRACTS 15-A AND 16SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 AS ORDED IN PLAT BOOK 57, PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH CO FLORIDA. IRRIGATION EASEMENT ACROS �jCT"E": Parcel 30: BEING A PORTION OF TRACT E, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6; THENCE NORTH 460 46' 06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E,A DISTANCE OF 70.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 430 13' 54"WEST, 100.00 FEET; THENCE NORTH 460 46' 06"EAST,32.00 FEET; THENCE SOUTH 230 13' 54"EAST, 84.00 FEET; Page 7 of 17 Ela e 219 of 972 Book22771/Pagel 867 Page 8 of 18 THENCE NORTH 460 46'06" EAST, 233.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 430 13' 54"WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 9 . FEET,A CENTRAL ANGLE OF 30°46' 09",AN ARC DISTANCE OF 585.46 FEET; 0 T SOUTH 740 00' 03"EAST 16.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CUR ONCAVE TO THE NORTHWEST SAID POINT BEING THE NORTHWEST CORNER OF LOT 61SHOWN ON SAID PLAT (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 740005 ST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOT 61 AND LOT 60 AND ALO D CURVE HAVING A RADIUS OF 1106.19 FEET, A CENTRAL ANGLE OF 30° 46' 09",ANA TANCE OF 594.46 FEET TO THE POINT ON TANGENCY; THENCE SOUT46' 06"WEST 265.68 FEET TO THE POINT OF BEGINNING. CONTAINING 163X4.90 SQUARE FEET,MORE OR LESS. ACCESS EASEME ROSS LOT##59&60: Parcel 31: 0 A PORTION OF LOTS 59 , QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PL HEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, OF THE PU RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESC AS FOLLOWS: COMMENCING AT THE MOST NHWESTERLY CORNER OF LOT 59 LYING ON THE EAST RIGHT-OF-WAY LINE OF QUAN'' LAKES DRIVE, TRACT "E", ACCORDING TO SAID PLAT; ;z' THENCE SOUTH 460 46' 06" WEST G SAID EAST RIGHT-OF-WAY LINE AND WEST LINE OF LOT 59, A DISTANCE OF 36.81 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (SAID POINT BEARS SOUTH 590 54' 51" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 13° 12' 15", AN ARC DISTANCE OF 7.58 FEET TO A POINT OF TANGENCY; THENCE SOUTH 430 17' 24" EAST 26.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 12° 59' 29", AN ARC DISTANCE OF 41.95 FEET TO THE BEGGINNING OF A REVERSE CURVE CONCAVE TO SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 73.00 FEET, A CENTRAL ANGLE OF 23° 12' 35", AN ARC DISTANCE OF 29.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; Page 8 of 17 118 e 22E) of 972 Book22771/Pagel 868 Page 9 of 18 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 540.77 FEET, A CENTRAL ANGLE OF 05° 22' 04", AN ARC DISTANCE OF 50.66 FEET TO THE jB INNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST; E SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 43.00 F 0 CENTRAL ANGLE OF 500 27' 48", AN ARC DISTANCE OF 37.87 FEET TO THE BE ING OF A REVERSE CURVE CONCAVE TO THE SOUTH; THENCE THEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 FEET, ENTRAL ANGLE OF 19° 24' 27", AN ARC DISTANCE OF 16.49 FEET TO THE BEGINNF A REVERSE CURVE CONCAVE TO THE NORTH; THENCE N ASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CE ANGLE OF 63°42' 47", AN ARC DISTANCE OF 20.02 FEET TO A POINT OF TANGENCY; THENCE NORTHVO 47' 30" EAST, 90.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE r1TH; THENCE NORTHEAOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS A CENTRAL ANGLE OF 90° 12' 52", AN ARC DISTANCE OF 65.20 FEET TO A ENCY; THENCE SOUTH 420',N8.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE THENCE SOUTHEAD_-NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 21.34 FEI CENTRAL ANGLE OF 890 51' 14", AN ARC DISTANCE OF 33.47 FEET TO A POINT OF TAi"CY; THENCE NORTH 470 09' 08"EAST, EET; THENCE SOUTH 430 17' 24"EAST, 125.63 FEET OF SAID POINT LYING ON THE EAST LINE OF SAID LOT 60; THENCE SOUTH 47° 13' 27"WEST ALONG THE EAST LINE OF SAID LOT 60,A DISTANCE OF 127.00 FEET; THENCE NORTH 420 46' 33"WEST, 12.00 FEET; THENCE NORTH 470 13' 27" EAST, 94.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90° 30' 51", AN ARC DISTANCE OF 31.60 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 64.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; Page 9 of 17 Page 221 of 972 Book22771/Pagel 869 Page 10 of 18 THENCE NORTHWESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5.00 FEET,A CENTRAL ANGLE OF 89° 33' 28",AN ARC DISTANCE OF 7.82 FEET TO A POINT OF TANGENCY; T CE SOUTH 470 09' 08"WEST, 242.60 FEET TO THE BEGINNING OF A TANGENT CURVE O VE TO THE NORTH; T 0 SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HA A RADIUS OF 45.34 FEET, A CENTRAL ANGLE OF 89° 51' 14", AN ARC DISTANCE OF 71.10�ffT TO A POINT OF TANGENCY; THENCE ORTH 420 59' 38" WEST, 18.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVHE SOUTH; THENCE SO STERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 17.41 FEET, A CENT ANGLE OF 900 12' 52",AN ARC DISTANCE OF 27.41 FEET TO A POINT OF TANGENCY; THENCE SOUTH 4"' 30" WEST, 91.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE HEAST; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CENTRAL A 620 49' 18", AN ARC DISTANCE OF 19.74 FEET TO THE BEGINNING OF A REVER VE CONCAVE TO THE NORTH; THENCE SOUTHWESTERLNORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 , A CENTRAL ANGLE OF 2020 36' 53", AN ARC DISTANCE OF 172.20 FEET TO THE B rING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALON� ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 49° ARC DISTANCE OF 21.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 43° 17' 24" WEST, 32.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 53.82 FEET, A CENTRAL ANGLE OF 17° 59' 59", AN ARC DISTANCE OF 16.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 62.34 FEET,A CENTRAL ANGLE OF 170 59' 59", AN ARC DISTANCE OF 19.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 85.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 240 41' 22",AN ARC DISTANCE OF 14.16 FEET TO A POINT OF NON-TANGENCY, SAID POINT LYING ON THE WEST LINE OF LOT 59 AND THE EAST RIGHT-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, (SAID POINT BEARS Page 10 of 17 Page 222 of 972 Book22771/Pagel 870 Page 11 of 18 NORTH 22° 01' 14" EAST FROM THE RADIUS POINT OF THE PREVIOUSLY DESCRIBED CURVE); T NCE NORTH 460 46' 06" EAST ALONG THE WEST LINE OF LOT 59 AND THE EAST RI T-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, 54.54 FEET TO THE OF BEGINNING. P LOTS 09 10&27 FOR QUANTUM BOULEVARD ROUNDABOUT: Parc_.._.. e 2:ro A POR& OF TRACT "B" AND LOTS 9 AND 10 OF "QUANTUM PARK AT BOYNTON BEACH, P.%APORTION T NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, 184 AND 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORtFLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 3", AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31,PALM H COUNTY RECORDS,FLORIDA,THENCE N.09°05' 43"E.,ALONG V THE WEST RIGHT-OF LINE OF QUANTUM BOULEVARD, FOR 53.84 FEET TO THE POINT OF BEGINNING, POINT "A'; THENCE N.39° 20' 38"W., FOR A DISTANCE OF 6.68 FEET; THENCE N.09° ,FOR A DISTANCE OF 73.87 FEET;THENCE N.56°29' 36"E., FOR A DISTANCE OF 6.79 TO POINT "B"; THENCE 5.09° 05' 43"W., ALONG THE WEST RIGHT-OF-WAY LINE OF Q TUM BOULEVARD, FOR A DISTANCE OF 82.90 FEET TO SAID POINT"A",BEING THE POF BEGINNING. TOGETHER WITH, 0 COMMENCING AT SAID POINT "t-, NCE N.62° 46' 53"E., FOR A DISTANCE OF 124.10 FEET TO POINT "C", BEING THEF BEGINNING; THENCE 5.40° 56' 24"E., FOR A DISTANCE OF 95.33 FEET; THEN05' 43"W., FOR A DISTANCE OF 108.00 FEET; THENCE 5.590 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. DRAINAGE EASEMENT ACROSS LOT#90(TRI-RAIL) Parcel 33: 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" Page 11 of 17 Page 223 of 972 Book22771/Pagel 871 Page 12 of 18 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 210 24' 48" EAST, A DISTANCE OF 71.05 FEET; THENCE NORTH 88° 24' 22" WEST, A DI ANCE OF 253.38 FEET TO A POINT ON THE WEST LINE OF SAID LOT 90; THENCE 21° 57' 58" EAST ALONG SAID WEST LINE, A DISTANCE OF 26.67 FEET; THENCE 88° 24' 22" EAST, A DISTANCE OF 279.68 FEET; THENCE SOUTH 210 24' 48" WEST, A D CE OF 99.95 FEET; THENCE SOUTH 08° 33' 11" EAST, A DISTANCE OF 103.13 FEET; T SOUTH 030 27' 07" EAST, A DISTANCE OF 501.53 FEET TO THE POINT OF BEG G. �(n1. SURVEYOR'S NOTES: BEARINGS OWN HEREON ARE REFERENCED TO QUANTUM PARK AT BOYNTON BEACH, PIAT NO. 8, PLAT BOOK 57, PAES 196 AND 197, PUBLIC RECORDS OF PALM BEACH CO LORIDA, RESULTING IN A BEARING OF SOUTH 86° 35' 25" WEST ALONG THE SOUTH L OF LOT 90 AS SAME IS SHOWN ON SAID PLAT. ACCESS EASEMENT ACROSS PART OF TRACT"A" (CUL-DE-SAC): Parcel 34• A PORTION OF TRAC ' 'TOGETHER WITH A PORTION OF LOT 66, QUANTUM PARK AT BOYNTON BEACH, P.I. NO. 9, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60, PA OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICU Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTE ION OF THE CENTERLINE OF HIGH RIDGE ROAD (100 FOOT WIDE RIGHT OF WAY) TITHE CENTERLINE OF QUANTUM LANE (50 FOOT WIDE RIGHT OF WAY)AS SHOWN ON I PLAT; THENCE NORTH 750 49' 01"WEST, a G THE QUANTUM LANE CENTERLINE, 100.00 FEET TO THE BEGINNING OF A TANG' VE CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 916.51 FEET,A CENTRAL ANGLE OF 30°47' 10",AN ARC DISTANCE OF 492.46 FEET; THENCE SOUTH 490 15' 59"WEST, 5.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 49° 15' 59" WEST, 20.03 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 450 05' 01" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 51° 54' 11", AN ARC DISTANCE OF 22.65 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSED CURVE HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 38° 32' 44", AN ARC DISTANCE OF 40.36 FEET; Page 12 of 17 Page 224 of 972 Book22771/Pagel 872 Page 13 of 18 THENCE SOUTH 860 18' 57" WEST, 22.10 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 460 38' 02"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 E CENTRAL ANGLE OF 180 0V 42",AN ARC DISTANCE OF 23.60 FEET; T 0 NORTH 860 18' 57" EAST, 40.92 FEET TO A POINT ON THE ARC OF A NON- TAT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NWH 40°02' 57"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CL ANGLE OF 460 52' 08", AN ARC DISTANCE OF 35.72 FEET TO A POINT OF REVERSE TURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, A CENTRNGLE OF 53° 45' 48", AN ARC DISTANCE OF 42.23 FEET TO THE POINT INNING. OF BEGV LESS THE FOLLD ING: 0 PART OF PARK RIDGE VARD FOR SCHOOL: THAT PORTION OF PAR %BOYNTON BOULEVARD TRACT "F" OF QUANTUM PARK AT BEACH P.I.D. PL4, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK O IRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PL , 57, PAGE 186, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q BEGIN AT THE NORTHWEST CO F SAID LOT 53, THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID PARK 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 030 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 890 12' 52"FOR 835.80 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, SO10 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, N420 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 860 59' 23" FOR 966.78 FEET TO A POINT OF TANGENCY; THENCE N00° 02' 36"E Page 13 of 17 cl— P25 of 9:72 Book22771/Page 1873 Page 14 of 18 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 060 27' 17"FOR 636.77 FEET; CE DEPARTING SAID WESTERLY RIGHT-OF-WAY, N90° 00' 00"E FOR 100.62 FEET TO STERLY RIGHT-OF-WAY OF SAID PARK RIDGE BOULEVARD TRACT "F", BEING A C OCONCAVE TO THE WEST, HAVING A RADIUS OF 5752.40 FEET, WHERE THE LINE BEARS 5830 42' 03"W; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY A VE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 030 10' 44" FOR 319.17 FEET TO TIM WNT OF BEGINNING. LIFT ST�1N: THE LAND TIFIED AS THE "LIFT STATION" ON PAGE 2 OF THE PLAT OF QUANTUM PARK AT B N BEACH,P.I.D., PLAT NO. 5 RECORDED IN PLAT BOOK 57,PAGE 189 OF THE PUBLIC RDS OF PALM BEACH COUNTY,FLORIDA, SITUATE, LYING AND BEING IN PALM BEACFk�"TY,FLORIDA. PART OF TRACTS r`r '1 AND"O" (QUANTUM LAKES DRIVE &LAKE): D A PARCEL OF PROP BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNT ARIDA, BEING A REPLAT OF A PORTION OF TRACTS E AND Q, QUANTUM PARK AT N BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PA ACH COUNTY, FLORIDA, SHOWN HEREON AS "QUANTUM PARK AT BOYNTON B P.I.D. PLAT NO. 6 REPLAT NO. V BEING MORE PARTICULARLY DESCRIBE LLOWS: BEING A PORTION OF TRAC P :�f1ND Q, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, 191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICULARLY�CRIBED AS FOLLOWS: COMMENCING AT THE MOSTY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6, RUN THENCE 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E, A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID NORTHWESTERLY LINE OF LOT 60 AND SAID SOUTHEASTERLY LINE OF SAID TRACT E), A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF TRACT Q, AS SAME IS SHOWN ON SAID PLAT NO. 6: THENCE NORTH 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG SAID SOUTHEASTERLY LINE OF TRACT Q, A DISTANCE OF 85.86 FEET; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID SOUTHEASTERLY LINE OF TRACT Q),A DISTANCE OF 34.76 FEET;THENCE NORTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 95.49 FEET; THENCE NORTH 44 DEGREES 31 MINUTES 24 SECONDS EAST,A DISTANCE OF 143.54 FEET;THENCE NORTH 57 DEGREES 07 MINUTES 22 SECONDS EAST, A DISTANCE OF 59.93 FEET; THENCE NORTH 35 DEGREES 05 MINUTES 07 SECONDS EAST, A DISTANCE OF 48.60 FEET; THENCE NORTH 25 DEGREES 24 MINUTES 11 SECONDS EAST, A DISTANCE OF 48.26 FEET; THENCE NORTH 33 DEGREES 26 MINUTES 59 SECONDS EAST, A DISTANCE OF 87.46 FEET; THENCE NORTH 38 DEGREES 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 97.65 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 25 SECONDS EAST, A DISTANCE OF 140.69 FEET; THENCE NORTH02 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 33.53 FEET; THENCE NORTH 08 DEGREES 18 MINUTES 59 SECONDS EAST,A DISTANCE OF 124.56 FEET; THENCE NORTH 15 Page 14 of 17 Page-226 of 972 Page 15 of 18 DEGREES 13 MINUTES 07 SECONDS EAST, A DISTANCE OF 112.61 FEET; THENCE NORTH 20 DEGREES 49 MINUTES 41 SECONDS WEST,A DISTANCE OF 62.02 FEET; THENCE NORTH 52 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 22.22 FEET; THENCE NORTH 57 DI3qREES 45 MINUTES 47 SECONDS WEST, A DISTANCE OF 132.16 FEET TO THE POINT ON JO CONCAVE TO THE SOUTH HAVING A RADIUS OF 1583.02 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29 DEGREES 32 MINUTES 57 SECONDS THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A L ANGLE OF 21 DEGREES 29 MINUTES 20 SECONDS, A DISTANCE OF 593.71 FEET INT ON THE EAST LINE OF SAID TRACT E, SAID EAST LINE BEING A CURVE CONC��EGREES OUTHEASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUT 03 MINUTES 37 SECONDS EAST); THENCE SOUTHWESTERLY ALONG SAID E OF TRACT E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRALOF 81 DEGREES 48 MINUTES 48 SECONDS A DISTANCE OF 439.28 FEET TO A POINVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS19 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH ANGLE OF 46 DEGREES 38 MINUTES 30 SECONDS, A DISTANCE OF 900.50 FEET TOOINT OF TANGENCY; THENCE SOUTH 46 DEGREES 46 MINUTES 46 SECONDS WEST, DISTANCE OF 321.40 FEET TO THE POINT OF BEGINNING. PART OF TRACT " LANES- UANTUM BOULEVARD): A PORTION OF TRAC i QF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, ACCORDING TO THE P REOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND 185 OF THE PUBLIC S OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIB FOLLOWS: BEGINNING AT THE SOUTH�ORNER OF LOT 24 OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS ED IN PLAT BOOK 60,PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORDS, FL A; THENCE S12' 34' 13"W, ALONG THE WEST RIGHT- OF-WAY LINE OF QUANTUM BO ARD, FOR 133.91 FEET; THENCE S77° 25' 47"E, FOR 50.00 FEET (THE NEXT 3 COU EING ALONG THE CENTERLINE OF QUANTUM BOULEVARD); THENCE N12° 34' 1 ' R 276.91 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; T NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6937.50 FEET AND A CENTRAL ANGLE OF 030 28' 30", FOR 420.76 FEET TO A POINT OF TANGENCY; THENCE N09° 05' 43"E, FOR 9.51 FEET TO POINT "A'; THENCE N390 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 030 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 580 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 Page 15 of 17 Book22771/Pagel 875 Page 16 of 18 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; =N56-29' 36"E,FOR 67.93 FEET TO POINT"B",BEING THE POINT OF BEGINNING. "A"(QUANTUM LANE),: Q ALTRACT"A" QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 9, PLAT BOOK 60,WS 32-33 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID" PARTS T CTS"E" "B" "P"AND" "(QUANTUM LAKES DRIVEQUANTUM BOULEV WATER MANAGEMENT LAKES BEIN RTION OF TRACT E,A PORTION OF TRACT B,A PORTION OF WATER MANAGEMEN T CT P AND A PORTION OF WATER MANAGEMENT TRACT Q, QUANTUM PARK AT BOYN BEACH,P.I.D. PLAT NO. 6,PLAT BOOK 57,PAGES 191 THROUGH 193, PUBLIC RECORD`S�OF PALM BEACH COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: BEGINNING E MOST SOUTHERLY CORNER OF TRACT 101,QUANTUM PARK AT BOYNTON BEAC PLAT NO. 6,REPLAT NO. 1,PLAT BOOK 94,PAGES 176 THROUGH 177,PUBLI ARDS OF PALM BEACH COUNTY,FLORIDA, RUN THENCE SOUTH 4646'06" WEST THE SOUTHERLY LINE OF SAID TRACT E,A DISTANCE OF 234.56 FEET TO THE PO URVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 67 ET;THENCE SOUTHWESTERLY CONTINUING ALONG THE SAID SOUTHERLY LINE OF E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4500'0 ' STANCE OF 528.20 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CO E TO THE NORTH HAVING A RADIUS OF 600.00 FEET; THENCE WESTERLY ALONG T C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4618'32",A DISTANCE OF 484.95 A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVIN IUS OF 370.39 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE GH A CENTRAL ANGLE OF 5810'10",A DISTANCE OF 376.04 FEET TO THE ORTHERLY CORNER OF LOT 52,QUANTUM PARK AT BOYNTON BEACH P.I.D.,PLAT NO. 5,PLAT BOOK 57,PAGES 189 THROUGH 190, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA;THENCE NORTH 3557'52"EAST,A DISTANCE OF 1.45 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD, SAID SOUTH RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT E, SAID NORTH LINE ALSO BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 0948'51"WEST; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF TRACT E AND AN EASTERLY EXTENSION THEREOF AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1650'15",A DISTANCE OF 493.83 FEET;THENCE SOUTH 27-20'01"EAST(DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD),A DISTANCE OF 60.48 FEET; THENCE SOUTH 3212'46"WEST,A DISTANCE OF 59.45 FEET;THENCE SOUTH 0110'21" WEST,A DISTANCE OF 36.31 FEET;THENCE SOUTH 1819'22"EAST,A DISTANCE OF 61.97 FEET;THENCE SOUTH 5116'20"EAST,A DISTANCE OF 63.39 FEET;THENCE SOUTH 6758'55"EAST,A DISTANCE OF 196.73 FEET;THENCE SOUTH 7903'27"EAST,A DISTANCE OF 64.97 FEET;THENCE NORTH 6339'33"EAST,A DISTANCE OF 91.62 FEET; THENCE SOUTH 8827'13"EAST,A DISTANCE OF 60.93 FEET;THENCE NORTH 87-35'30" EAST,A DISTANCE OF 78.26 FEET;THENCE NORTH 5949'02" EAST,A DISTANCE OF 60.71 FEET; THENCE NORTH 53--21'50"EAST,A DISTANCE OF 138.47 FEET;THENCE NORTH 3307'12" Page 16 of 17 Book22771/Pagel 876 Page 17 of 18 EAST,A DISTANCE OF 18.99 FEET;THENCE NORTH 1018'56" WEST,A DISTANCE OF 41.37 FEET;THENCE NORTH 3711'04" WEST,A DISTANCE OF 42.62 FEET; THENCE NORTH 4624'56"WEST,A DISTANCE OF 68.74 FEET;THENCE NORTH 6659'36"WEST,A DISTANCE OF 2 5.11 FEET;THENCE NORTH 3942'05" WEST,A DISTANCE OF 68.92 FEET; THENCE CE H 336'25"WEST,A DISTANCE OF 44.89 FEET;THENCE NORTH 2808'17" WEST,A bf'SCE OF 69.51 FEET;THENCE NORTH 3550'47"WEST,A DISTANCE OF 133.92 FEET TO A .ON THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEWAY BOULEVARD, S UTHERLY RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT B, SAI TH LINE ALSO BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RAD �&OULEVARD 680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 4226'42" WEST; THENRTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEW AND ALONG SAID NORTH LINE OF TRACT B AND ALONG THE ARC OF S URVE THROUGH A CENTRAL ANGLE OF 047'12",A DISTANCE OF 23.07 FEET TO T INT OF TANGENCY;THENCE NORTH 4646'06"EAST CONTINUING ALONG THE SAID S GHT OF WAY LINE OF GATEWAY BOULEVARD AND SAID NORTH LINE OF TRA ,A DISTANCE OF 126.58 FEET;THENCE SOUTH 5404'05"EAST (DEPARTING FR AID SOUTH RIGHT OF WAY LINE AND SAID NORTH LINE OF TRACT B),A DISTANCE 152.06 FEET;THENCE SOUTH 5304'29"EAST,A DISTANCE OF 57.82 FEET; THENCE SO 3507'29"EAST,A DISTANCE OF 65.01 FEET;THENCE SOUTH 4330'50" EAST,A NCE OF 150.19 FEET;THENCE SOUTH 3059'27"EAST,A DISTANCE OF 33.97 FEET;THE OUTH 4313'54"EAST,A DISTANCE OF 121.93 FEET TO A POINT ON THE NORTHERLY SAID TRACT 101;THENCE SOUTH 4646'06" WEST ALONG SAID NORTHERLY LIN TANCE OF 22.84 FEET;THENCE SOUTH 4313'54"EAST ALONG THE SOUTHWES LINE OF SAID TRACT 101,A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNIN CONTAINING 7.605 A S,MORE OR LESS. 0 Q Page 17 of 17 Page 229 sf-972— Book22771/Page 1877 Page 18 of 18 PAPA Banner Location Address "+Tualclalltw BOYNTON BEACH Parcel Control Iunr 08-43-45-17-09-010-0000 SuNfivision QUANTUM PARK AT BOYNTON BEACH PL 3 Official Records Book 22771 Page 1860 Sale Date JUL-2008 Legal Description QUANTUM PARK AT BOYNTON BEACH PL 3 TR J K/A WATER&TR T K/A WETLAND Owners -- Mailing address QUANTUM PARK OVERLAY 2501 BURNS RD STE A DEPENDENT DISTRICT PALM BEACH GARDENS FL 33410 5207 Sales Date Price 11001 R Sale Type Owner JUL- 22771/ WARRANTY QUANTUM PARK OVERLAY 2008 $0 01860 DEED DEPENDENT DISTRICT MAR $10 8158/ WARRANTY QUANTUM COMMUNITY DEV DISTRICT 1994 01315 DEED Exe tion Applicant/Ow er star Detail QUANTUM PARK OVERLAY 2019 FULL.GOVT INDEPENDENT DISTS DEPENDENT DISTRICT *Total S�I�nare I u nber of Units 0 Peet 0 Acres 9.9556 9500- Zoning PID-Planued Industrial Ded(08- 1Jsc Cade RIVER/LAKES BOYNTON BEACH) Tax Year --2018 2017 2016 Improvement Value $0 $0 $0 Land Value $2,987 $2,987 $2,987 Total Market Value $2,987 $2,987 $2,987 All values are as of January 1st each year 'T'ax Year 2018 2017 2016 Assessed Value $2,987 $2,987 $2,987 E xemptionA mint $2,987 $2,987 $2,987 'T'axable Value $0 $0 $0 Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0 Nora Ad Valorem $0 $0 $0''' 'T'otal tax $0 $0 $0 Page 230 of 972 11111111111111111111112 h1ININ11111112 CPN 20080275719 OR BK 22771 PG 1860 WC-70 RECORDED 07/23/2008 15:55:23 THIS INSTRUMENT PREPARED BY AND RETURN TO: Palm Beach County, Florida BERNARD A.CONKO,ESQ. Sharon R. Bock,CLERK & COKPTROLLER COHEN,NORRIS,SCHERER,WEINBERGER&WOLMER PJB 1860 — 1877 (18pgo) 712 U.S. HWAY ONE, #400 NORT BEACH,FL 33408 Prope 1 Numbers:n/a Q SPECIAL WARRANTY DEED 0 THI CIAL WARRANTY DEED made this day of �� I� ,2008,between QUANTUM COMMUNI E ELOPMENT DISTRICT,an independent special district eated pursuant to Chapter ct c Florida Statutes,Grantor, ANTUM PARK OVERLAY DEPENDENT DISTRICT,a dependent special district created pursuant to Chapte lorida Statutes,whose post office address is 2501-A Burns Road,Palm Beach Gardens,Florida 33410,Grantee. WITNESSETH at said Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideratiO14 said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold t said Grantee,and Grantee's heirs and assigns forever,the following described land,situate, lying and being in Palm Bea ty,Florida,to-wit: See Exhibit A attaceto and incorporated herein by reference 0 SUBJECT to the reservati�is_ „fictions and easements of record and those set forth in the attached Exhibit B. TO HAVE AND TO HOLD ove granted,bargained and described premises in fee simple forever. And said Grantor does hereby fut the title to said land,and will defend the same against the lawful claims of I persons claiming by,through or the Grantor. IN W ESS WHE F,Grantor has here�(ur�� t Grantor's hand and seal the day and year first above written. Sign ,sealed and n the presence of- QUANJUM COM UNITY DEVELOPMENT DISTRICT TNESS /� � f rinted Name' By: f M.C.Fergu on,Chairman 2501-A Burns Road Palm Beach Gardens,Florida 33410 I SS �, / ne Printed Name:�i°t// /t� fi/ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged to me this_LL2008day of �U ` by M.C.Ferguson, Chairman,of QUANTUM COMMUNITY DEVELOPMENT DISTRICT ho is M ersonally wn to a or[ ]who has produced as identification. /`/� (SEAL) BERNARD A.CON a ub is VW noi# w rint Name: orw9,210 SMRES:July2o m Expire: I-WO-3NOMW PL NMry Db=m t Ateoa Co. Page 231 of 972 Book22771/Pagel 860 Page 1 of 18 EXHIBIT"A" LEGAL DESCRIPTION FOR REAL PROPERTY AND IMPROVEMENTS VLUANTUM BOULEVARD: O Pa ALL F jTCT"C"AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, F.I.D. O. 1-A,AS RECORDED IN PLAT BOOK 57,AT PAGES 180 AND 181,OF THE PUBLICORDS OF PALM BEACH COUNTY,FLORIDA. TOGETHE H: Parcel 2• ALL OF TRACT'V,AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO.1 A CORDED IN PLAT BOOK 57,AT PAGES 182 AND 183,OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: a Parcel 3• ALL OF TRACT"B",AS SHOTHE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2,AS RECO*BACIJ PLAT BOOK 57,AT PAGES 184 AND 185,OF THE PUBLIC RECORDS OF PALCOUNTY,FLORIDA. TOGETHER WITH: Q 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 PLAM 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 PLAM BEACH COUNTY,FLORIDA. Page 1 of 17 Page 232 of 972 Book22771/Pagel 861 Page 2 of 18 AND THE FOLLOWING FOR PARK RIDGE BOULEVARD: Parcel 6• A F TRACT"F",AS SHOWN ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, LAT NO.4,AS RECORDED IN PLAT BOOK 57,AT PAGES 186, 187 AND 188,OF THE CCORDS OF PLAM BEACH COUNTY,FLORIDA. ANDviHnUOLLOWING FOR ALPHA DRIVE AND BETA DRIVE: Parcel 7..Q ✓ ALL OF T "A",TOGETHER WITH ALL OF TRACT"B',AS SHOWN ON THE PLAT, QUANTUM T BOYNTON BEACH,P.I.D.PLAT NO. 10,AS RECORDED IN PLAT BOOK 60,AT PA*GES , 5 AND 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE FOLLOWYN6FOR HIGH RIDGE ROAD: Parcel 8• ALL OF TRACT"C",AS ON THE PLAT,QUANTUM PARK AT BOYNTON BEACH, P.I.P.PLAT NO. 6,AS REC IN PLAT BOOK 57,AT PAGES 191, 192 AND 193 OF THE PUBLIC RECORDS OF PAL CH COUNTY,FLORIDA. TOGETHER WITH: V Parcel 9• 0 ALL OF TRACT"C",AS SHOWN ON LAT,QUANTUM PARK AT BOYNTON BEACH, P.I.D.PLAT NO. 5,AS RECORDED BOOK 57,AT PAGES 189 AND 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNT A. 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 THE FOLLOWING TWO DESCRIBED PARCELS: 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. '/4)OF SAID SECTION 21, BOUNDED AS FOLLOWS: Page 2 of 17 Page 233 of 972 Book22771/Page 1862 Page 3 of 18 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- , AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN DEED RECORDED IN OFFICIAL RDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY; SOUTH: BY A LINE 367.49 FEET NORTH OF(AS MEASURED AT RIGHT ANGLES TPARALLEL WITH THE NORTH RIGHT-OF-WAY OF SAID BOYNTON CANAL,C-16; OMTEAST: BY A LINE 40.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) A RALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER (N.W. '/4) OF SAI CTION 21. IT IS INTETHAT THE NORTH LINE, THE EAST LINE AND THE SOUTH LINE OF THIS PARCEL BE MON LINE RESPECTIVELY TO: THE WESTERLYTENSION OF THE NORTH LINE, THE WEST LINE, AND THE WESTERLY EXTENSION OF SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE J. AND HARRIET GOTS AND DESCRIBED AS PARCEL"D" IN DEED RECORDED IN OFFICIAL RECORD BOOK 5139,rGE 0153. A PARCEL OF LAND si IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BE ATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 40.00 FEET OF T RTHWEST ONE-QUARTER(N.W. 1/4)OF SAID SECTION 21, LYING NORTH OF THE N GHT-OF-WAY LINE OF THE BOYNTON CANAL (A PERPETUAL EASEMENT) 'CO BY THE CENTRAL AND SOUTHERN FLOOD CONTROL DISTRICT AS RECORDED IN O AL RECORDS BOOK 1064, PAGE 45 OF THE PUBLIC RECORDS OF SAID COUNTY, - kRED TH OF A LINE 367.49 FEET NORTH OF (AS MEASURED AT RIGHT ANGLESSAID NORTH RIGHT-OF-WAY LINE, SAID LINE ALSO BEING THE NORTH LINE OERTAIN PARCEL CONVERYED TO CURT G. JOA- INC., AS DESCRIBED IN A DEED IN OFFICIAL RECORDS BOOK 1711, PAGE 371 OF THE PUBLIC RECORDS OF SAID COUNTY. AND THE FOLLOWING FOR QUANTUM LANE: Parcel 12: ALL OF TRACT "A", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.9, AS RECORDED IN PLAT BOOK 60, AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. 1. QUANTUM BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR CONGRESS AVENUE, A PORTION OF TRACT "A", AS SHOWN ON SAID PLAT, QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO. 1-A. 2. PARK RIDGE BOULEVARD IS SUBJECT TO ADDITIONAL RIGHT-OF-WAY DEDICATION FOR N.W. 22nD AVENUE, A PORTION OF TRACT "U", AS SHOWN ON SAID PLAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NOA. Page 3 of 17 Page 234 of 972 Book22771/Pagel 863 Page 4 of 18 AND THE FOLLOWING FOR TWO WETLAND CONSERVATION AREAS: Parcel 13• F TRACT "W", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, LAT NO.2, AS RECORDED IN PLAT BOOK 57,AT PAGES 184 AND 185 OF THE PUBLIC RIS OF PALM BEACH COUNTY,FLORIDA. TO R WITH: 0 Parcel ALL OFT T "T", AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLA 3, AS RECORDED IN PLAT BOOK 60, AT PAGES 29, 30 AND 31 OF THE PUBLIC REC OF PALM BEACH COUNTY,FLORIDA. AND THE FOL G FOR TWO SAND PINE PRESERVES: Parcel 15: Q ALL OF LOT 93, ASON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS RECO JN PLAT BOOK 60, AT PAGES 29, 30, AND 31 OF THE PUBLIC RECORDS OF PALM BE � UNTY,FLORIDA. TOGETHER WITH: Parcel 16• ALL OF LOT 71,AS SHOWN ON T —LAT,QUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO.9,AS RECORDED IN PL OK 60,AT PAGES 32 AND 33 OF THE PUBLIC RECORDS OF PALM BEACH COUN ORIDA. THE ABOVE DESCRIBED LANDS ARA�ATED IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. AND THE FOLLOWING WETLAND AREAS: Parcel 17: TRACT "A", (LAKE) AS SHOWN AS LOT 1-A 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,AND Parcel 18• TRACT"I", (LAKE)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,AND Parcel 19• TRACT "J", (DETENTION) AS SHOWN ON THE PLAT QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3,AS RECORDED IN PLAT BOOK 60,AT PAGES 29, 30 AND 31,AND Page 4 of 17 Page 235 of 972 Book22771/Page1864 Page 5 of 18 Parcel 20• TRACT "K", (LAKE) AND TRACT "S" (LAKE) AS SHOWN AS LOT 1-A ON THE PLAT Q NTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.5,AS RECORDED IN PLAT BOOK 57, A GES 189 AND 190,AND 2 TRAM",(LAKE) AND TRACT"P"(LAKE)AND TRACT"Q"(LAKE)AS SHOWN AS LOT I- A O PLAT QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.6, AS RECORDED IN PLA OK 57,AT PAGES 191, 192 AND 193. ALL THEE DESCRIBED LANDS ARE SITUATED IN THE CITY OF BOYNTON BEACH, PALM BEA OUNTY,FLORIDA. TOGETHER WI: Parcel 22: Zs' TRI-RAIL ACCESS A PARCEL OF LANkSOUTHE SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 WEST, PALM BEACH COUNALSO BEING A PORTION OF TRACTS 90 AND 91 OF THE PLAT OF QUANTUM NTON BEACH, P.I.D. PLAT NO. 8, AS RECORDED IN PLAT BOOK 57, AT PAGESOF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,BEING MORLY DESCRIBED AS FOLLOWS: BEGINNING AT THEC ORNER OF SAID TRACT 90; THENCE SOUTH 86' 35' 25" WEST, ALONG THE SOUTH LIN TRACT, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 91, A DISTAN FEET; THENCE SOUTH 35° 46' 19" WEST, A DISTANCE OF 38.76 FEET TO A POHE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING AOF 566.00 FEET AND A CENTRAL ANGLE OF 100 08' 06" (A RADIAL LINE PASSING SAID POINT BEARS NORTH 740 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. 12 FOOT DRAINAGE EASEMENT ACROSS LOT#13 : Parcel 23: 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: Page 5 of 17 Page 236 of 972 Book22771/Pagel 865 Page 6 of 18 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 010 16' 01" EAST A DISTANCE OF 170.61 FEET; ffENORTH 75° 20' 02" WEST A DISTANCE OF 310.33 FEET TO A POINT LYING ON THE RLY LINE OF SAID LOT 13 AND THE WESTERLY TERMINUS OF THIS DESCRIPTION. i°Z"(LAKE): Parc"' : 0TRAC4 QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 5 ACCORDING TO THE PLAT T OF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAL CH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 57,PAGE 189. 20 FOOT D"AGE EASEMENT ACROSS LOT##32 33 &34: Parcel 25• A PORTION OF LOT02, 33, AND 34A, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDINTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 29 THROUGH 31 OF T LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: U; �a A 20.00 FOOT STRIP OF OR A DRAINAGE EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING RIBED CENTERLINE: BEGIN AT THE NORTHWEST ER OF SAID LOT 33, THENCE N 69° 30' 00"E ALONG THE NORTHERLY LINE OF SAID LOM-1-36.50 FEET;THENCE S12° 50' 29"E, 193.21 FEET;THENCE S00° 23' 33"E, 121.20 FEET; THE 77° 22'23"E, 272.96 FEET; THENCE N52° 58'58"E, 115.12 FEET; THENCE N12° 44' 17"W, 16 FEET; THENCE N18° 38' 32"W, 149.34 FEET; THENCE N690 30' 00"E,39.54 FEET,ALONG ID NORTHERLY LINE OF LOT 33 TO THE POINT OF TERMINATION. 20 FOOT DRAINAGE EASEMENT ACROSS LOT##59&60: Parcel 26• A PARCEL OF LAND SITUATE IN SECTION 17,TOWNSHIP 45 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LOTS 59 AND 60, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, INCLUSIVE, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA, BEING A DRAINAGE AND LAKE ACCESS EASEMENT 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 59, THENCE SOUTHWESTERLY ALONG THE EAST RIGHT-OF-WAY OF QUANTUM LAKES DRIVE AS SHOWN IN SAID PLAT NO. 6, SOUTH 46° 06' 06" WEST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, SOUTH 43° 13' 54" EAST, A DISTANCE OF 47.18 FEET; THENCE SOUTH 02° 01' 42" WEST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 470 10' 42"EAST, A DISTANCE OF 140.17 FEET; THENCE NORTH 46°46' 06" Page 6 of 17 Page 237 of 972 Book22771/Pagel 866 Page 7 of 18 EAST,A DISTANCE OF 43.75 FEET; THENCE SOUTH 43° 13' 54"EAST,A DISTANCE OF 200.25 FEET TO THE TERMINUS OF THE CENTERLINE. TSIDES OF THE ABOVE DESCRIBED EASEMENT SHALL BE LENGTHENED OR S TENED, AS NECESSARY, IN ORDER TO MAINTAIN CONTINUOUS STRIPS OF LAND .0 EET IN WIDTH, AND TO INTERSECT EXISTING EASEMENTS AND RIGHTS OF WAY O CgRD. LO -C: a Parcel LOT 34C, TUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3 ACCORDING TO THE PLAT THE CORDED IN PLAT BOOK 60,PAGE 29, PUBLIC RECORDS OF PALM BEACH COUNTY,FL TRACTS A-1,A-2j�-A,AND 16-A: Parcel 28• 0 D ALL OF TRACTS A-I A-2, AS SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT �S RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BE ,CQUNTY,FLORIDA. Parcel 29• ALL OF TRACTS 15-A AND 16SHOWN ON THE PLAT, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 AS ORDED IN PLAT BOOK 57, PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH CO FLORIDA. IRRIGATION EASEMENT ACROS �jCT"E": Parcel 30: BEING A PORTION OF TRACT E, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6; THENCE NORTH 460 46' 06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E,A DISTANCE OF 70.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 430 13' 54"WEST, 100.00 FEET; THENCE NORTH 460 46' 06"EAST,32.00 FEET; THENCE SOUTH 230 13' 54"EAST, 84.00 FEET; Page 7 of 17 Ela e 298 of 972 Book22771/Pagel 867 Page 8 of 18 THENCE NORTH 460 46'06" EAST, 233.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 430 13' 54"WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 9 . FEET,A CENTRAL ANGLE OF 30°46' 09",AN ARC DISTANCE OF 585.46 FEET; 0 T SOUTH 740 00' 03"EAST 16.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CUR ONCAVE TO THE NORTHWEST SAID POINT BEING THE NORTHWEST CORNER OF LOT 61SHOWN ON SAID PLAT (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 740005 ST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOT 61 AND LOT 60 AND ALO D CURVE HAVING A RADIUS OF 1106.19 FEET, A CENTRAL ANGLE OF 30° 46' 09",ANA TANCE OF 594.46 FEET TO THE POINT ON TANGENCY; THENCE SOUT46' 06"WEST 265.68 FEET TO THE POINT OF BEGINNING. CONTAINING 163X4.90 SQUARE FEET,MORE OR LESS. ACCESS EASEME ROSS LOT##59&60: Parcel 31: 0 A PORTION OF LOTS 59 , QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, ACCORDING TO THE PL HEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193, OF THE PU RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESC AS FOLLOWS: COMMENCING AT THE MOST NHWESTERLY CORNER OF LOT 59 LYING ON THE EAST RIGHT-OF-WAY LINE OF QUAN'' LAKES DRIVE, TRACT "E", ACCORDING TO SAID PLAT; ;z' THENCE SOUTH 460 46' 06" WEST G SAID EAST RIGHT-OF-WAY LINE AND WEST LINE OF LOT 59, A DISTANCE OF 36.81 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (SAID POINT BEARS SOUTH 590 54' 51" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 13° 12' 15", AN ARC DISTANCE OF 7.58 FEET TO A POINT OF TANGENCY; THENCE SOUTH 430 17' 24" EAST 26.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 12° 59' 29", AN ARC DISTANCE OF 41.95 FEET TO THE BEGGINNING OF A REVERSE CURVE CONCAVE TO SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 73.00 FEET, A CENTRAL ANGLE OF 23° 12' 35", AN ARC DISTANCE OF 29.57 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; Page 8 of 17 118 e 239 of 972 Book22771/Pagel 868 Page 9 of 18 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 540.77 FEET, A CENTRAL ANGLE OF 05° 22' 04", AN ARC DISTANCE OF 50.66 FEET TO THE jB INNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST; E SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 43.00 F 0 CENTRAL ANGLE OF 500 27' 48", AN ARC DISTANCE OF 37.87 FEET TO THE BE ING OF A REVERSE CURVE CONCAVE TO THE SOUTH; THENCE THEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 FEET, ENTRAL ANGLE OF 19° 24' 27", AN ARC DISTANCE OF 16.49 FEET TO THE BEGINNF A REVERSE CURVE CONCAVE TO THE NORTH; THENCE N ASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CE ANGLE OF 63°42' 47", AN ARC DISTANCE OF 20.02 FEET TO A POINT OF TANGENCY; THENCE NORTHVO 47' 30" EAST, 90.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE r1TH; THENCE NORTHEAOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS A CENTRAL ANGLE OF 90° 12' 52", AN ARC DISTANCE OF 65.20 FEET TO A ENCY; THENCE SOUTH 420',N8.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE THENCE SOUTHEAD_-NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 21.34 FEI CENTRAL ANGLE OF 890 51' 14", AN ARC DISTANCE OF 33.47 FEET TO A POINT OF TAi"CY; THENCE NORTH 470 09' 08"EAST, EET; THENCE SOUTH 430 17' 24"EAST, 125.63 FEET OF SAID POINT LYING ON THE EAST LINE OF SAID LOT 60; THENCE SOUTH 47° 13' 27"WEST ALONG THE EAST LINE OF SAID LOT 60,A DISTANCE OF 127.00 FEET; THENCE NORTH 420 46' 33"WEST, 12.00 FEET; THENCE NORTH 470 13' 27" EAST, 94.71 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90° 30' 51", AN ARC DISTANCE OF 31.60 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 64.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; Page 9 of 17 Page 240 of 972 Book22771/Pagel 869 Page 10 of 18 THENCE NORTHWESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5.00 FEET,A CENTRAL ANGLE OF 89° 33' 28",AN ARC DISTANCE OF 7.82 FEET TO A POINT OF TANGENCY; T CE SOUTH 470 09' 08"WEST, 242.60 FEET TO THE BEGINNING OF A TANGENT CURVE O VE TO THE NORTH; T 0 SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HA A RADIUS OF 45.34 FEET, A CENTRAL ANGLE OF 89° 51' 14", AN ARC DISTANCE OF 71.10�ffT TO A POINT OF TANGENCY; THENCE ORTH 420 59' 38" WEST, 18.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVHE SOUTH; THENCE SO STERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 17.41 FEET, A CENT ANGLE OF 900 12' 52",AN ARC DISTANCE OF 27.41 FEET TO A POINT OF TANGENCY; THENCE SOUTH 4"' 30" WEST, 91.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE HEAST; THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 18.00 FEET, A CENTRAL A 620 49' 18", AN ARC DISTANCE OF 19.74 FEET TO THE BEGINNING OF A REVER VE CONCAVE TO THE NORTH; THENCE SOUTHWESTERLNORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 48.69 , A CENTRAL ANGLE OF 2020 36' 53", AN ARC DISTANCE OF 172.20 FEET TO THE B rING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALON� ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 49° ARC DISTANCE OF 21.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 43° 17' 24" WEST, 32.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 53.82 FEET, A CENTRAL ANGLE OF 17° 59' 59", AN ARC DISTANCE OF 16.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 62.34 FEET,A CENTRAL ANGLE OF 170 59' 59", AN ARC DISTANCE OF 19.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 430 17' 24" WEST, 85.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 32.87 FEET, A CENTRAL ANGLE OF 240 41' 22",AN ARC DISTANCE OF 14.16 FEET TO A POINT OF NON-TANGENCY, SAID POINT LYING ON THE WEST LINE OF LOT 59 AND THE EAST RIGHT-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, (SAID POINT BEARS Page 10 of 17 Page 241 of 972 Book22771/Pagel 870 Page 11 of 18 NORTH 22° 01' 14" EAST FROM THE RADIUS POINT OF THE PREVIOUSLY DESCRIBED CURVE); T NCE NORTH 460 46' 06" EAST ALONG THE WEST LINE OF LOT 59 AND THE EAST RI T-OF-WAY LINE OF QUANTUM LAKES DRIVE OF SAID PLAT, 54.54 FEET TO THE OF BEGINNING. P LOTS 09 10&27 FOR QUANTUM BOULEVARD ROUNDABOUT: Parc_.._.. e 2:ro A POR& OF TRACT "B" AND LOTS 9 AND 10 OF "QUANTUM PARK AT BOYNTON BEACH, P.%APORTION T NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, 184 AND 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORtFLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF LOT 27 OF "QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 3", AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 31,PALM H COUNTY RECORDS,FLORIDA,THENCE N.09°05' 43"E.,ALONG V THE WEST RIGHT-OF LINE OF QUANTUM BOULEVARD, FOR 53.84 FEET TO THE POINT OF BEGINNING, POINT "A'; THENCE N.39° 20' 38"W., FOR A DISTANCE OF 6.68 FEET; THENCE N.09° ,FOR A DISTANCE OF 73.87 FEET;THENCE N.56°29' 36"E., FOR A DISTANCE OF 6.79 TO POINT "B"; THENCE 5.09° 05' 43"W., ALONG THE WEST RIGHT-OF-WAY LINE OF Q TUM BOULEVARD, FOR A DISTANCE OF 82.90 FEET TO SAID POINT"A",BEING THE POF BEGINNING. TOGETHER WITH, 0 COMMENCING AT SAID POINT "t-, NCE N.62° 46' 53"E., FOR A DISTANCE OF 124.10 FEET TO POINT "C", BEING THEF BEGINNING; THENCE 5.40° 56' 24"E., FOR A DISTANCE OF 95.33 FEET; THEN05' 43"W., FOR A DISTANCE OF 108.00 FEET; THENCE 5.590 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. DRAINAGE EASEMENT ACROSS LOT#90(TRI-RAIL) Parcel 33: 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" Page 11 of 17 Page 242 of 972 Book22771/Pagel 871 Page 12 of 18 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 210 24' 48" EAST, A DISTANCE OF 71.05 FEET; THENCE NORTH 88° 24' 22" WEST, A DI ANCE OF 253.38 FEET TO A POINT ON THE WEST LINE OF SAID LOT 90; THENCE 21° 57' 58" EAST ALONG SAID WEST LINE, A DISTANCE OF 26.67 FEET; THENCE 88° 24' 22" EAST, A DISTANCE OF 279.68 FEET; THENCE SOUTH 210 24' 48" WEST, A D CE OF 99.95 FEET; THENCE SOUTH 08° 33' 11" EAST, A DISTANCE OF 103.13 FEET; T SOUTH 030 27' 07" EAST, A DISTANCE OF 501.53 FEET TO THE POINT OF BEG G. �(n1. SURVEYOR'S NOTES: BEARINGS OWN HEREON ARE REFERENCED TO QUANTUM PARK AT BOYNTON BEACH, PIAT NO. 8, PLAT BOOK 57, PAES 196 AND 197, PUBLIC RECORDS OF PALM BEACH CO LORIDA, RESULTING IN A BEARING OF SOUTH 86° 35' 25" WEST ALONG THE SOUTH L OF LOT 90 AS SAME IS SHOWN ON SAID PLAT. ACCESS EASEMENT ACROSS PART OF TRACT"A" (CUL-DE-SAC): Parcel 34• A PORTION OF TRAC ' 'TOGETHER WITH A PORTION OF LOT 66, QUANTUM PARK AT BOYNTON BEACH, P.I. NO. 9, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60, PA OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICU Y DESCRIBED AS FOLLOWS: COMMENCING AT THE INTE ION OF THE CENTERLINE OF HIGH RIDGE ROAD (100 FOOT WIDE RIGHT OF WAY) TITHE CENTERLINE OF QUANTUM LANE (50 FOOT WIDE RIGHT OF WAY)AS SHOWN ON I PLAT; THENCE NORTH 750 49' 01"WEST, a G THE QUANTUM LANE CENTERLINE, 100.00 FEET TO THE BEGINNING OF A TANG' VE CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 916.51 FEET,A CENTRAL ANGLE OF 30°47' 10",AN ARC DISTANCE OF 492.46 FEET; THENCE SOUTH 490 15' 59"WEST, 5.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 49° 15' 59" WEST, 20.03 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 450 05' 01" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID NON-TANGENT CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 51° 54' 11", AN ARC DISTANCE OF 22.65 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID REVERSED CURVE HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 38° 32' 44", AN ARC DISTANCE OF 40.36 FEET; Page 12 of 17 Page 243 of 972 Book22771/Pagel 872 Page 13 of 18 THENCE SOUTH 860 18' 57" WEST, 22.10 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 460 38' 02"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); T CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 E CENTRAL ANGLE OF 180 0V 42",AN ARC DISTANCE OF 23.60 FEET; T 0 NORTH 860 18' 57" EAST, 40.92 FEET TO A POINT ON THE ARC OF A NON- TAT CURVE CONCAVE TO THE NORTHEAST(A RADIAL LINE THROUGH SAID POINT BEARS NWH 40°02' 57"EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCEUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CL ANGLE OF 460 52' 08", AN ARC DISTANCE OF 35.72 FEET TO A POINT OF REVERSE TURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, A CENTRNGLE OF 53° 45' 48", AN ARC DISTANCE OF 42.23 FEET TO THE POINT INNING. OF BEGV LESS THE FOLLD ING: 0 PART OF PARK RIDGE VARD FOR SCHOOL: THAT PORTION OF PAR %BOYNTON BOULEVARD TRACT "F" OF QUANTUM PARK AT BEACH P.I.D. PL4, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK O IRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PL , 57, PAGE 186, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Q BEGIN AT THE NORTHWEST CO F SAID LOT 53, THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF SAID PARK 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 030 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 890 12' 52"FOR 835.80 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, SO10 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, N420 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 860 59' 23" FOR 966.78 FEET TO A POINT OF TANGENCY; THENCE N00° 02' 36"E Page 13 of 17 cl— P44 of 9:72 Book22771/Page 1873 Page 14 of 18 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 060 27' 17"FOR 636.77 FEET; CE DEPARTING SAID WESTERLY RIGHT-OF-WAY, N90° 00' 00"E FOR 100.62 FEET TO STERLY RIGHT-OF-WAY OF SAID PARK RIDGE BOULEVARD TRACT "F", BEING A C OCONCAVE TO THE WEST, HAVING A RADIUS OF 5752.40 FEET, WHERE THE LINE BEARS 5830 42' 03"W; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY A VE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 030 10' 44" FOR 319.17 FEET TO TIM WNT OF BEGINNING. LIFT ST�1N: THE LAND TIFIED AS THE "LIFT STATION" ON PAGE 2 OF THE PLAT OF QUANTUM PARK AT B N BEACH,P.I.D., PLAT NO. 5 RECORDED IN PLAT BOOK 57,PAGE 189 OF THE PUBLIC RDS OF PALM BEACH COUNTY,FLORIDA, SITUATE, LYING AND BEING IN PALM BEACFk�"TY,FLORIDA. PART OF TRACTS r`r '1 AND"O" (QUANTUM LAKES DRIVE &LAKE): D A PARCEL OF PROP BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNT ARIDA, BEING A REPLAT OF A PORTION OF TRACTS E AND Q, QUANTUM PARK AT N BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, PAGE 191, PUBLIC RECORDS OF PA ACH COUNTY, FLORIDA, SHOWN HEREON AS "QUANTUM PARK AT BOYNTON B P.I.D. PLAT NO. 6 REPLAT NO. V BEING MORE PARTICULARLY DESCRIBE LLOWS: BEING A PORTION OF TRAC P :�f1ND Q, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 6, PLAT BOOK 57, 191, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,MORE PARTICULARLY�CRIBED AS FOLLOWS: COMMENCING AT THE MOSTY CORNER OF LOT 60, AS SAME IS SHOWN ON SAID PLAT NO. 6, RUN THENCE 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 60 AND ALONG THE SOUTHEASTERLY LINE OF SAID TRACT E, A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID NORTHWESTERLY LINE OF LOT 60 AND SAID SOUTHEASTERLY LINE OF SAID TRACT E), A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF TRACT Q, AS SAME IS SHOWN ON SAID PLAT NO. 6: THENCE NORTH 46 DEGREES 46 MINUTES 06 SECONDS EAST ALONG SAID SOUTHEASTERLY LINE OF TRACT Q, A DISTANCE OF 85.86 FEET; THENCE NORTH 43 DEGREES 13 MINUTES 54 SECONDS WEST (DEPARTING FROM SAID SOUTHEASTERLY LINE OF TRACT Q),A DISTANCE OF 34.76 FEET;THENCE NORTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, A DISTANCE OF 95.49 FEET; THENCE NORTH 44 DEGREES 31 MINUTES 24 SECONDS EAST,A DISTANCE OF 143.54 FEET;THENCE NORTH 57 DEGREES 07 MINUTES 22 SECONDS EAST, A DISTANCE OF 59.93 FEET; THENCE NORTH 35 DEGREES 05 MINUTES 07 SECONDS EAST, A DISTANCE OF 48.60 FEET; THENCE NORTH 25 DEGREES 24 MINUTES 11 SECONDS EAST, A DISTANCE OF 48.26 FEET; THENCE NORTH 33 DEGREES 26 MINUTES 59 SECONDS EAST, A DISTANCE OF 87.46 FEET; THENCE NORTH 38 DEGREES 10 MINUTES 48 SECONDS EAST, A DISTANCE OF 97.65 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 25 SECONDS EAST, A DISTANCE OF 140.69 FEET; THENCE NORTH02 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 33.53 FEET; THENCE NORTH 08 DEGREES 18 MINUTES 59 SECONDS EAST,A DISTANCE OF 124.56 FEET; THENCE NORTH 15 Page 14 of 17 Page-245 of 972 Page 15 of 18 DEGREES 13 MINUTES 07 SECONDS EAST, A DISTANCE OF 112.61 FEET; THENCE NORTH 20 DEGREES 49 MINUTES 41 SECONDS WEST,A DISTANCE OF 62.02 FEET; THENCE NORTH 52 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 22.22 FEET; THENCE NORTH 57 DI3qREES 45 MINUTES 47 SECONDS WEST, A DISTANCE OF 132.16 FEET TO THE POINT ON JO CONCAVE TO THE SOUTH HAVING A RADIUS OF 1583.02 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29 DEGREES 32 MINUTES 57 SECONDS THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A L ANGLE OF 21 DEGREES 29 MINUTES 20 SECONDS, A DISTANCE OF 593.71 FEET INT ON THE EAST LINE OF SAID TRACT E, SAID EAST LINE BEING A CURVE CONC��EGREES OUTHEASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUT 03 MINUTES 37 SECONDS EAST); THENCE SOUTHWESTERLY ALONG SAID E OF TRACT E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRALOF 81 DEGREES 48 MINUTES 48 SECONDS A DISTANCE OF 439.28 FEET TO A POINVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS19 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH ANGLE OF 46 DEGREES 38 MINUTES 30 SECONDS, A DISTANCE OF 900.50 FEET TOOINT OF TANGENCY; THENCE SOUTH 46 DEGREES 46 MINUTES 46 SECONDS WEST, DISTANCE OF 321.40 FEET TO THE POINT OF BEGINNING. PART OF TRACT " LANES- UANTUM BOULEVARD): A PORTION OF TRAC i QF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, ACCORDING TO THE P REOF, AS RECORDED IN PLAT BOOK 57, PAGES 184 AND 185 OF THE PUBLIC S OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIB FOLLOWS: BEGINNING AT THE SOUTH�ORNER OF LOT 24 OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, AS ED IN PLAT BOOK 60,PAGES 29 THROUGH 31, PALM BEACH COUNTY RECORDS, FL A; THENCE S12' 34' 13"W, ALONG THE WEST RIGHT- OF-WAY LINE OF QUANTUM BO ARD, FOR 133.91 FEET; THENCE S77° 25' 47"E, FOR 50.00 FEET (THE NEXT 3 COU EING ALONG THE CENTERLINE OF QUANTUM BOULEVARD); THENCE N12° 34' 1 ' R 276.91 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; T NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6937.50 FEET AND A CENTRAL ANGLE OF 030 28' 30", FOR 420.76 FEET TO A POINT OF TANGENCY; THENCE N09° 05' 43"E, FOR 9.51 FEET TO POINT "A'; THENCE N390 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 030 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 580 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 Page 15 of 17 216 of 972 Book22771/Pagel 875 Page 16 of 18 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; =N56-29' 36"E,FOR 67.93 FEET TO POINT"B",BEING THE POINT OF BEGINNING. "A"(QUANTUM LANE),: Q ALTRACT"A" QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 9, PLAT BOOK 60,WS 32-33 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID" PARTS T CTS"E" "B" "P"AND" "(QUANTUM LAKES DRIVEQUANTUM BOULEV WATER MANAGEMENT LAKES BEIN RTION OF TRACT E,A PORTION OF TRACT B,A PORTION OF WATER MANAGEMEN T CT P AND A PORTION OF WATER MANAGEMENT TRACT Q, QUANTUM PARK AT BOYN BEACH,P.I.D. PLAT NO. 6,PLAT BOOK 57,PAGES 191 THROUGH 193, PUBLIC RECORD`S�OF PALM BEACH COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: BEGINNING E MOST SOUTHERLY CORNER OF TRACT 101,QUANTUM PARK AT BOYNTON BEAC PLAT NO. 6,REPLAT NO. 1,PLAT BOOK 94,PAGES 176 THROUGH 177,PUBLI ARDS OF PALM BEACH COUNTY,FLORIDA, RUN THENCE SOUTH 4646'06" WEST THE SOUTHERLY LINE OF SAID TRACT E,A DISTANCE OF 234.56 FEET TO THE PO URVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 67 ET;THENCE SOUTHWESTERLY CONTINUING ALONG THE SAID SOUTHERLY LINE OF E AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4500'0 ' STANCE OF 528.20 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CO E TO THE NORTH HAVING A RADIUS OF 600.00 FEET; THENCE WESTERLY ALONG T C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4618'32",A DISTANCE OF 484.95 A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVIN IUS OF 370.39 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE GH A CENTRAL ANGLE OF 5810'10",A DISTANCE OF 376.04 FEET TO THE ORTHERLY CORNER OF LOT 52,QUANTUM PARK AT BOYNTON BEACH P.I.D.,PLAT NO. 5,PLAT BOOK 57,PAGES 189 THROUGH 190, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA;THENCE NORTH 3557'52"EAST,A DISTANCE OF 1.45 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD, SAID SOUTH RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT E, SAID NORTH LINE ALSO BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 0948'51"WEST; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD AND ALONG SAID NORTH LINE OF TRACT E AND AN EASTERLY EXTENSION THEREOF AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1650'15",A DISTANCE OF 493.83 FEET;THENCE SOUTH 27-20'01"EAST(DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF GATEWAY BOULEVARD),A DISTANCE OF 60.48 FEET; THENCE SOUTH 3212'46"WEST,A DISTANCE OF 59.45 FEET;THENCE SOUTH 0110'21" WEST,A DISTANCE OF 36.31 FEET;THENCE SOUTH 1819'22"EAST,A DISTANCE OF 61.97 FEET;THENCE SOUTH 5116'20"EAST,A DISTANCE OF 63.39 FEET;THENCE SOUTH 6758'55"EAST,A DISTANCE OF 196.73 FEET;THENCE SOUTH 7903'27"EAST,A DISTANCE OF 64.97 FEET;THENCE NORTH 6339'33"EAST,A DISTANCE OF 91.62 FEET; THENCE SOUTH 8827'13"EAST,A DISTANCE OF 60.93 FEET;THENCE NORTH 87-35'30" EAST,A DISTANCE OF 78.26 FEET;THENCE NORTH 5949'02" EAST,A DISTANCE OF 60.71 FEET; THENCE NORTH 53--21'50"EAST,A DISTANCE OF 138.47 FEET;THENCE NORTH 3307'12" Page 16 of 17 Book22771/Pagel 876 Page 17 of 18 EAST,A DISTANCE OF 18.99 FEET;THENCE NORTH 1018'56" WEST,A DISTANCE OF 41.37 FEET;THENCE NORTH 3711'04" WEST,A DISTANCE OF 42.62 FEET; THENCE NORTH 4624'56"WEST,A DISTANCE OF 68.74 FEET;THENCE NORTH 6659'36"WEST,A DISTANCE OF 2 5.11 FEET;THENCE NORTH 3942'05" WEST,A DISTANCE OF 68.92 FEET; THENCE CE H 336'25"WEST,A DISTANCE OF 44.89 FEET;THENCE NORTH 2808'17" WEST,A bf'SCE OF 69.51 FEET;THENCE NORTH 3550'47"WEST,A DISTANCE OF 133.92 FEET TO A .ON THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEWAY BOULEVARD, S UTHERLY RIGHT OF WAY LINE ALSO BEING THE NORTH LINE OF SAID TRACT B, SAI TH LINE ALSO BEING A CURVE CONCAVE TO THE NORTHWEST HAVING A RAD �&OULEVARD 680.44 FEET FROM WHICH A RADIAL LINE BEARS NORTH 4226'42" WEST; THENRTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF GATEW AND ALONG SAID NORTH LINE OF TRACT B AND ALONG THE ARC OF S URVE THROUGH A CENTRAL ANGLE OF 047'12",A DISTANCE OF 23.07 FEET TO T INT OF TANGENCY;THENCE NORTH 4646'06"EAST CONTINUING ALONG THE SAID S GHT OF WAY LINE OF GATEWAY BOULEVARD AND SAID NORTH LINE OF TRA ,A DISTANCE OF 126.58 FEET;THENCE SOUTH 5404'05"EAST (DEPARTING FR AID SOUTH RIGHT OF WAY LINE AND SAID NORTH LINE OF TRACT B),A DISTANCE 152.06 FEET;THENCE SOUTH 5304'29"EAST,A DISTANCE OF 57.82 FEET; THENCE SO 3507'29"EAST,A DISTANCE OF 65.01 FEET;THENCE SOUTH 4330'50" EAST,A NCE OF 150.19 FEET;THENCE SOUTH 3059'27"EAST,A DISTANCE OF 33.97 FEET;THE OUTH 4313'54"EAST,A DISTANCE OF 121.93 FEET TO A POINT ON THE NORTHERLY SAID TRACT 101;THENCE SOUTH 4646'06" WEST ALONG SAID NORTHERLY LIN TANCE OF 22.84 FEET;THENCE SOUTH 4313'54"EAST ALONG THE SOUTHWES LINE OF SAID TRACT 101,A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNIN CONTAINING 7.605 A S,MORE OR LESS. 0 Q Page 17 of 17 Page 248 sf-972— Book22771/Page 1877 Page 18 of 18 Boynton Beach Utilities �4 124 E. Woolbright Road Boynton Beach, Florida 33435 Office: (561) 742-6400 MEMORANDUM To: Lorie LaVerriere City Manager From: Joe Paterniti Interim Utility Director Date: August 17, 2017 Subject: Quantum Park Overlay Dependent District Background: The main function of the Quantum Park Overlay Dependent District (QPODD or District) is to operate and maintain public infrastructure within the District. In 2012, by interlocal agreement America's Gateway to the Gulfstream Page 249 of 972 Boynton Beach Utilities �4 124 E. Woolbright Road Boynton Beach, Florida 33435 Office: (561) 742-6400 (Resolution R12-066), the City of Boynton Beach accepted the road rights of ways containing; roadway pavements, sidewalks, vegetation and irrigation system, street lighting and roadway stormwater collection systems for maintenance. The remaining infrastructure (outside the road Rights of way) that is maintained by the District includes; the stormwater treatment facilities (ponds), which includes the water bodies, associated piping and appurtenances (Irrigation pumps, pond aerators, power/control feeds, water level control structures) located within common area easements within the property. Issue: Utility staff was requested to review the financial impacts to the City for accepted maintenance responsibility for the remaining stormwater treatment system and associated piping located in easements outside the road right of ways. Methodology: Utility staff reviewed the QPODD proposed budget and the approved budget for the last three years. Also, reviewed were the last two financial audit reports and the past six months of Board meeting minutes. An evaluation of this information and the cost of maintaining a level of service (LOS) on similar type facilities within City resulted in the determination of the cost of maintaining the remaining stormwater treatment system and associated piping within the district. Based on a budget level cost for the City to perform the work needed to maintain the LOS would certainly reduce the administrative and overhead cost charged by the District. America's Gateway to the Gulfstream Page 250 of 972 Boynton Beach Utilities �4 124 E. Woolbright Road Boynton Beach, Florida 33435 Office: (561) 742-6400 Effect of the City Accepting the Maintenance and Management: It is difficult to accurately determine the QPODD's cost of maintenance and management of the remaining stormwater treatment areas and associated piping without conducting an audit of their accounts. Staff has estimated added cost of maintaining and managing the stormwater system if acquired. This cost is tabulated below and totals approximately $100,000. The City currently collects approximately $300,000 annually in stormwater fees from property owners within the district. As you know, the stormwater fees collected are used to build and maintain the system of conveyance for collecting storing and treating stormwater in a manner which is consistent with protecting and promoting the health, safety and general welfare of the citizens of the City. The fees also used to fund studies, designs, permitting and implementation of expansion projects. ESTIMATED ADDITIONAL CITY EXPENDITURES SERVICES COST Comments Aquatic Maintenance $12,000 Maintenance includes algae and aquatic weed control. Monthly water testing, fish and America's Gateway to the Gulfstream Page 251 of 972 Boynton Beach Utilities �4 124 E. Woolbright Road Boynton Beach, Florida 33435 Office: (561) 742-6400 wildlife monitoring and management reporting. Piping replacement $50,000 Storm pipe and storm structure replacement as needed Miscellaneous $16,000 System maintenance and repairs as needed (Irrigation feed system, aerators) Outfall and discharge Pipe $20,000 Dive team inspection and condition inspections assessment of outfalls and associated discharge pipe. Summary report Administrative cost 2% $2,000 Cost to coordinate O&M of facilities Total estimated expenditures $100,000 America's Gateway to the Gulfstream Page 252 of 972 In summary, Boynton Beach Utility Staff believes that it is feasible to accept the management and maintenance of the remaining QPODD stormwater management system. It is beneficial for the property owners within the district for the City to assume the maintenance of the remaining system. The maintenance costs estimated for the facilities should be further refined by conducting a detailed audit of existing maintenance expenditures and the assessment of the current condition of the infrastructure. If the district wants a higher level of service then that provided to the current City residents then an additional stormwater fee would be assessed. America's Gateway to the Gulfstream Page 253 of 972 6.C. CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-098- Resolution ratifying the Quantum Park Overlay Dependent District annual budget for FY 2019-2020. EXPLANATION OF REQUEST: The Quantum Park Overlay Dependent District is a Special District created by the City Commission. Florida Statute requires that the budget of special districts be contained within the general budget of the local governing authority and clearly stated as a budget of the dependent district. The QPODD approved their FY 2019-2020 budget at its Reconvened Public Hearing on August 27, 2019. The attached resolution completes the annual process of accepting and approving the QPODD budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution ratifying the QPODD Budget D Attachment QPODD FY 2019-2020 Final Budget Page 254 of 972 1 2 RESOLUTION R19- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA RATIFYING THE 2019-2020 ANNUAL BUDGET 6 FOR THE QUANTUM PARK OVERLAY DEPENDENT 7 DISTRICT AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Quantum Park Overlay Dependent District (QPODD) was created 10 by Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The 11 QPODD has been designated a Florida Special District; and 12 WHEREAS,Florida Statutes 189.016 provides that the proposed budget of a dependent 13 special district, with the concurrence of the local governing authority, may be budgeted 14 separately; and 15 WHEREAS, a local governing authority may,in its discretion,review the budget or tax 16 levy of any special district located solely within its boundaries; and 17 WHEREAS, a final budget of the Quantum Park Overlay Dependent District has 18 been reviewed and considered by the City Commission for the ensuing year, with detailed 19 information, and the administrative staff of the City has made recommendations as to the 20 amount necessary to be appropriated for the ensuing year. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 27 ratifies the adoption of the Quantum Park Overlay Dependent District's 2019-2020 Annual C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\1185CDEB-BD50-4B44-BF8E-32F960241FA8\Boynton Beach.18149.1.Ratify_QPODD_Budget (2019-20)_-_Reso.Docx Page 255 of 972 I Budget. 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this day of , 2019. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 YES NO 8 9 Mayor— Steven B. Grant 10 11 Vice Mayor—Justin Katz 12 13 Commissioner—Mack McCray 14 15 Commissioner—Christina L. Romelus 16 17 Commissioner—Ty Penserga 18 19 20 VOTE 21 22 ATTEST: 23 24 25 26 Crystal Gibson, MMC 27 City Clerk 28 29 30 31 (Corporate Seal) 32 33 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\1185CDEB-BD50-4B44-BF8E-32F960241FA8\Boynton Beach.18149.1.Ratify_QPODD_Budget (2019-20)_-_Reso.Docx Page 256 of 972 Quantum Park Overlay Dependent District Final Budget For Fiscal Year 2019/2020 October i, 2019- September 30, 2020 Page 257 of 972 CONTENTS I FINAL BUDGET II DETAILED FINAL BUDGET III DETAILED FINAL DEBT SERVICE FUND BUDGET (2008 LOAN) IV DETAILED FINAL DEBT SERVICE FUND BUDGET (2010 LOAN) V ASSESSMENT COMPARISON Page 258 of 972 FINAL BUDGET QUANTUM PARK OVERLAY DEPENDENT DISTRICT FISCAL YEAR 2019/2020 OCTOBER 1,2019-SEPTEMBER 30,2020 FISCAL YEAR 2019/2020 REVENUES BUDGET O&M ASSESSMENTS 35,617 PARK ASSESSMENTS 277,470 DEBT ASSESSMENTS(2008 LOAN) 0 DEBT ASSESSMENTS 2010 LOAN 0 OTHER REVENUES 0 INTEREST INCOME 720 TOTAL REVENUES $ 313,807 EXPENDITURES PARK RESERVES 260,822 ENGINEERING/GENERAL SERVICES 0 ENGINEERING/MAINTENANCE MANAGEMENT 0 ENGINEERING/PERMITS 0 MAINTENANCE MANAGEMENT 0 MAINTENANCE 0 SUPERVISORS FEES 0 PAYROLLTAXES-EMPLOYER 0 MANAGEMENT 10,000 LEGAL-GENERAL 10,000 LEGAL-LITIGATION&EXPENSES 0 ASSESSMENT ROLL 7,500 AUDIT FEES 3,900 INSURANCE 0 LEGAL ADVERTISING 1,000 MISCELLANEOUS 0 POSTAGE 200 OFFICE SUPPLIES 100 DUES&SUBSCRIPTIONS 0 WEBSITE MANAGEMENT 1,500 ENGINEERING-EXTRAORDINARY 0 CONTINGENCY 0 2016 DISTRICT IMPROVEMENTS 0 TOTAL EXPENDITURES $ 295,022 REVENUES LESS EXPENDITURES $ 18,785 2008 LOAN PAYMENTS 0 2010 LOAN PAYMENTS 0 BALANCE $ 18,785 COUNTY APPRAISER&TAX COLLECTOR FEE 6,262 DISCOUNTS FOR EARLY PAYMENTS 12,523 EXCESS/(SHORTFALL) $ 0 CARRYOVER FROM PRIOR YEAR 0 NET EXCESS/(SHORTFALL) Is 0 ESTIMATED RESERVES AS OF 9/30/19 $150,000 FY 2019/2020 RESERVE ASSESSMENTS $260,822 ESTIMATED RESERVES AS OF 9/30/20 $410,822 8/30/2019 9:26 AM Page 259 of 972 DETAILED FINAL BUDGET QUANTUM PARK OVERLAY DEPENDENT DISTRICT FISCAL YEAR 2019/2020 OCTOBER 1,2019-SEPTEMBER 30,2020 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2017/2018 2018/2019 2019/2020 REVENUES ACTUAL BUDGET BUDGET COMMENTS O&M ASSESSMENTS 423,441 409,928 35,617 Expenditures Less Interest&Carryover/.94 PARKASSESSMENTS 0 0 277,470 Park Reserves/.94 DEBT ASSESSMENTS(2008 LOAN) 101,973 101,973 0 Loan Payments/.94 DEBT ASSESSMENTS 2010 LOAN 285,406 285,406 0 Loan Payments/.94 OTHER REVENUES 5,687 0 0 INTEREST INCOME 953 720 720 Projected At$60 Per Month TOTAL REVENUES $ 817,460 $ 798,027 $ 313,807 EXPENDITURES PARK RESERVES 0 0 260,822 Park Reserves ENGINEERING/GENERAL SERVICES 3,500 0 0 Line Item Eliminated ENGINEERING/MAINTENANCE MANAGEMENT 10,900 0 0 Line Item Eliminated ENGINEERING/PERMITS 0 2,000 0 Line Item Eliminated MAINTENANCE MANAGEMENT 49,500 54,000 0 Line Item Eliminated MAINTENANCE 182,558 100,000 0 Line Item Eliminated SUPERVISORS FEES 800 2,400 0 Line Item Eliminated PAYROLL TAXES-EMPLOYER 61 192 0 Line Item Eliminated MANAGEMENT 48,048 49,056 10,000 Management Fees LEGAL-GENERAL 39,422 55,000 10,000$45,000 Decrease From 2018/2019 Budget LEGAL-LITIGATION&EXPENSES 126,598 90,000 0 Litigation Resolved ASSESSMENT ROLL 7,500 7,500 7,500 No Change From 2018/2019 Budget AUDIT FEES 3,700 3,800 3,900$100 Increase From 2018/2019 Budget INSURANCE 11,935 13,129 0 Line Item Eliminated LEGAL ADVERTISING 1,813 2,000 1,000$1,000 Decrease From 2018/2019 Budget MISCELLANEOUS 926 3,000 0 Line Item Eliminated POSTAGE 197 800 200$600 Decrease From 2018/2019 Budget OFFICE SUPPLIES 1,151 1,500 100$1,400 Decrease From 2018/2019 Budget DUES&SUBSCRIPTIONS 175 175 0 Line Item Eliminated WEBSITE MANAGEMENT 1,500 1,500 1,500,No Change From 2018/2019 Budget ENGINEERING-EXTRAORDINARY 4,800 0 0 Fiscal Year 2017/2018 Expenditure CONTINGENCY 0 0 0 Contingency 2016 DISTRICT IMPROVEMENTS 0 0 0 Unsused FY 15/16 Funds As Of5-31-19 Were$203,851 TOTAL EXPENDITURES $ 495,084 $ 386,052 $ 295,022 REVENUES LESS EXPENDITURES $ 322,376 $ 411,975 $ 18,785 2008 LOAN PAYMENTS 97,105 95,855 - 2008 Loan To Be Paid Off In Full In September 2019. 2010 LOAN PAYMENTS 271,782 268,282 - 2010 Loan To Be Paid Off In Full In September 2019. BALANCE $ 46,511 $ 47,838 $ 18,785 COUNTY APPRAISER&TAX COLLECTOR FEE 4,608 15,946 6,262 Two Percent Of Total Assessment Roll DISCOUNTS FOR EARLY PAYMENTS (30,603) (31,892) (12,523)Four Percent Of Total Assessment Roll EXCESS/ SHORTFALL $ (81,722) $ $ 0 CARRYOVER FROM PRIOR YEAR 0 0 0 Carryover From Prior Year NET EXCESS/(SHORTFALL) $ (81,722) $ - $ 0 ESTIMATED RESERVES AS OF 9/30/19 $150,000 FY 2019/2020 RESERVE ASSESSMENTS $260,822 ESTIMATED RESERVES AS OF 9/30/20 $410,822 8/30/2019 9:26 AM I I Page 260 of 972 DETAILED FINAL DEBT SERVICE (2008 LOAN) FUND BUDGET QUANTUM PARK OVERLAY DEPENDENT DISTRICT FISCAL YEAR 2019/2020 OCTOBER 1,2019-SEPTEMBER 30,2020 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2017/2018 2018/2019 2019/2020 REVENUES ACTUAL BUDGET BUDGET COMMENTS Interest Income 79 100 0 2008 Loan To Be Paid Off In September 2019 NAV Tax Collection 96,952 95,855 0 2008 Loan To Be Paid Off In September 2019 Total Revenues $ 97,031 $ 95,955 $ - EXPENDITURES Principal Payments 71,946 75,614 0 2008 Loan To Be Paid Off In September 2019 Interest Payments 23,800 20,341 0 2008 Loan To Be Paid Off In September 2019 Total Expenditures $ 95,746 $ 95,955 $ - Excess/(Shortfall) $ 1,285 $ - $ - Note:2008 Loan To Be Paid Off In Full In September 2019. 2008 Loan Information Original Par Amount= $1,008,400 Annual Principal Payments Due= May 1st Interest Rate= 4.88% Annual Interest Payments Due= May 1st& November 1st Issue Date = June 2008 Maturity Date= May 2023 Par Amount As Of 5-1-19= $340,308.59 8/30/2019 9:26 AM III Page 261 of 972 DETAILED FINAL DEBT SERVICE (2010 LOAN) FUND BUDGET QUANTUM PARK OVERLAY DEPENDENT DISTRICT FISCAL YEAR 2019/2020 OCTOBER 1,2019-SEPTEMBER 30,2020 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2017/2018 2018/2019 2019/2020 REVENUES ACTUAL BUDGET BUDGET COMMENTS Interest Income 1,471 100 0 2010 Loan To Be Paid Off In September 2019 Reserve Fund Credit 0 0 0 2010 Loan To Be Paid Off In September 2019 NAV Tax Collection 271,373 268,282 0 2010 Loan To Be Paid Off In September 2019 Total Revenues $ 272,844 $ 268,382 $ - EXPENDITURES Principal Payments 235,696 251,508 0 2010 Loan To Be Paid Off In September 2019 Interest Payments 28,797 16,874 0 2010 Loan To Be Paid Off In September 2019 Total Expenditures $ 264,493 $ 268,382 $ - Excess/(Shortfall) $ 8,351 $ - $ - Note: 2010 Loan To Be Paid Off In Full In September 2019. 2010 Loan Information Original Par Amount= $2,236,719 Annual Principal Payments Due= November 1st Interest Rate= 3.30% Annual Interest Payments Due= May 1st& November 1st Issue Date= September 2010 Maturity Date= November 2020 Par Amount As Of 5-1-19= $511,316 8/30/2019 9:26 AM IV Page 262 of 972 Quantum Park Overlay Dependent District Acreage Assessment Comparison Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2016/2017 2017/2018 2018/2019 2019/2020 Assessment Assessment Assessment Projected Assessment Per Acre* Per Acre* Per Acre* Per Acre* Administrative $ 1,749.31 $ 1,263.62 $ 1,224.18 $ 106.36 Park Reserves $ - $ - $ - $ 828.62 2008 Debt $ 304.53 $ 304.53 $ 304.53 $ - 2010 Debt $ 852.32 $ 852.32 $ 852.32 $ - Total $ 2,906.16 $ 2,420.47 $ 2,381.03 $ 934.98 * Assessments Include the Following 4% Discount for Early Payments 1% County Tax Collector Fee 1% County Property Appraiser Fee Community Information: Assessable Acres 334.86 8/30/2019 9:26 AM V Page 263 of 972 6.D. CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-099-Authorize the Mayor to sign Second Lease Amendment for the temporary space located at 2045 High Ridge Road - Temp Police Headquarters. EXPLANATION OF REQUEST: On 4/17/2018 the City Commission approved Resolution R18-065 to execute lease documents for temporary space needed for City Services to operate during construction of Town Square project. Per the First Lease Amendment for the 2045 High Ridge Road location (Temp Police Headquarters) the lease term was set to expire on 2/03/2020 with the ability to extend for one (1) additional one (1) year period. Staff has negotiated with landlord a second amendment to the lease agreement to extend the lease term to 7/31/2020. This extension will allow the Police Department to remain at its current temporary location until the completion of the new Police Department Headquarters scheduled to be completed in 2nd Quarter 2020. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By amending the lease it will allow Police Department services to remain in there current temporary location and allow the redevelopment of the Town Square project to proceed in a more effective and efficient manner. FISCAL IMPACT: Budgeted The estimated costs for the lease extension to temp PD location for FY 19/20 is $91,249.14. The lease costs for all temporary locations are included in the proposed FY 19/20 operating budget. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 264 of 972 Grant Amount: ATTACHMENTS: Type Description Resolution approving Second Amendment to D Resolution Lease for 2045 High Ridge Road extending the term until July 31, 2020 D Amendment 2nd Amendment to Lease Agreement D Exhibit Master Lease Agreement Page 265 of 972 I RESOLUTION NO. R19- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN A SECOND AMENDMENT TO LEASE BETWEEN THE 5 CITY OF BOYNTON BEACH AND DUKE PGC AT QUANTUM 1-9, 6 LLC.; AND PROVIDING AN EFFECTIVE DATE. 7 WHEREAS; on April 17, 2018 the City Commission, via Resolution R18-065, 8 approved and authorized the Mayor to sign Lease documents for temporary space needed for 9 City Services to operate during construction of the Town Square Project; and 10 WHEREAS, pursuant to the First Lease Amendment for the 2045 High Ridge Road 11 location (temporary Police Headquarters) the lease term was set to expire on February 3, 2020 12 with the ability to extend the Lease for one (1) additional one (1) year period; and 13 WHEREAS, staff has negotiated a Second Amendment to the Lease to extend the lease 14 term to July 31, 2020 which will allow the Police Department to remain at its current temporary 15 location until the completion of the new Police Department Headquarters scheduled to be 16 completed during the second quarter of 2020; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve and 19 authorize the Mayor to sign the Second Amendment to Lease with Duke PGC at Quantum 1-9, 20 LLC., to extend the term of the Lease for 2045 High Ridge Road to July 31, 2020. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and incorporated 24 herein by this reference. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\85304810-5405-48DF-84AE-BCB6F67BC77A\Boynton Beach.18152.1.S econd_Amendment_To_Lease_2045_High_Ridge_Road_-_Reso.Docx Page 266 of 972 25 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 26 approve and authorize the Mayor to sign the Second Amendment to Lease with Duke PGC at 27 Quantum 1-9, LLC., to extend the term of the Lease for 2045 High Ridge Road to July 31, 28 2020, a copy of the Second Amendment to Lease is attached hereto as Exhibit"A". 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this day of , 2019. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor—Justin Katz 38 39 Commissioner—Mack McCray 40 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Ty Penserga 44 45 VOTE 46 ATTEST: 47 48 49 Crystal Gibson, MMC 50 City Clerk 51 52 (Corporate Seal) 53 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\85304810-5405-48DF-84AE-BCB6F67BC77A\Boynton Beach.18152.1.S econd_Amendment_To_Lease_2045_High_Ridge_Road_-_Reso.Docx Page 267 of 972 SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE(this "Amendment") is made as of the day of 12019,by and between DUKE PGC AT QUANTUM 1-9, LLC, a Delaware limited liability company("Landlord"), and CITY OF BOYNTON BEACH,FLORIDA, a municipality of the State of Florida("Tenant"). WITNESSETH: WHEREAS, Landlord and Fantasy Chocolates, Inc. ("Original Tenant")heretofore entered into that certain Lease dated April 23, 2012 (the "Original Lease")for the lease of approximately 30,000 square feet of space, located at 2045 High Ridge Road, Boynton Beach,Florida 33426,within Gateway Center, said space being more particularly described therein(the "Leased Premises"); and WHEREAS, Original Tenant heretofore assigned all of its interest under the Original Lease to Tenant; and WHEREAS, Landlord and Tenant heretofore entered into that certain First Amendment to Lease dated May 23, 2018 (the "First Amendment";the Original Lease and the First Amendment being referred to hereinafter, collectively,as the "Lease"); and WHEREAS, Landlord and Tenant desire to amend the Lease to, among other things, extend the Lease Term,which is scheduled to expire by the terms of the Lease on February 3, 2020. NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by each party hereto to the other,the receipt and sufficiency of which are hereby acknowledged,the parties hereto do hereby agree as follows: 1. Incorporation of Recitals and Definitions. The above recitals are hereby incorporated into this Amendment as if fully set forth herein. All capitalized terms used herein but undefined shall have the meaning as defined in the Lease. 2. Lease Term. The Lease Term is hereby extended through and including July 31,2020. 3. Minimum Annual Rent. Commencing as of February 4, 2020 (the "Extension Date"), Section 1.01(d) of the Lease is hereby modified to reflect that Minimum Annual Rent shall be as follows: 02/04/2020—07/31/2020 $91,249.14 (prorated amount shown) 4. Monthly Rental Installments. Commencing as of the Extension Date, Section 1.01(e) of the Lease is hereby modified to reflect that Monthly Rental Installments shall be as follows: 02/04/2020—07/31/2020 $15,475.00 5. Option to Extend. Tenant's option to extend the Lease Term set forth in Section 17.01 of the Lease is hereby deleted in its entirety and shall be of no further force or effect. 6. Condition of Leased Premises. Tenant acknowledges and agrees that Tenant is accepting possession of the Leased Premises for the extension term in "AS-IS" condition and except as expressly provided herein,no free rent,moving allowances,tenant improvement allowances or other financial concessions contained in the Lease shall apply to the Lease Term, as extended hereby. 1 Page 268 of 972 7. Brokers. Except for CBRE, Inc. and Duke Realty Services, LLC each representing Landlord,whose commissions shall be paid by Landlord, Landlord and Tenant each represents and warrants to the other that neither party has engaged or had any conversations or negotiations with any broker, finder or other third party concerning the matters set forth in this Amendment who would be entitled to any commission or fee based on the execution of this Amendment. Landlord and Tenant each hereby indemnifies the other against and from any claims for any brokerage commissions and all costs, expenses and liabilities in connection therewith, including,without limitation, reasonable attorneys'fees and expenses, for any breach of the foregoing. The foregoing indemnification shall survive the termination of the Lease for any reason. 8. Representations and Warranties. (a) Tenant hereby represents and warrants that(i)Tenant is duly organized,validly existing and in good standing (if applicable) in accordance with the laws of the jurisdiction under which it was organized; (ii) Tenant is authorized to do business in the jurisdiction where the Leased Premises is located; and (iii)the individual(s) executing and delivering this Amendment on behalf of Tenant has been properly authorized to do so, and such execution and delivery shall bind Tenant to its terms. (b) Landlord hereby represents and warrants that(i) Landlord is duly organized,validly existing and in good standing (if applicable) in accordance with the laws of the jurisdiction under which it was organized; (ii) Landlord is authorized to do business in the jurisdiction where the Leased Premises is located; and (iii)the individual(s) executing and delivering this Amendment on behalf of Landlord has been properly authorized to do so, and such execution and delivery shall bind Landlord to its terms. 9. Examination of Amendment. Submission of this instrument for examination or signature to Tenant does not constitute a reservation or option, and it is not effective until execution by and delivery to both Landlord and Tenant. 10. Incorporation. This Amendment shall be incorporated into and made a part of the Lease, and all provisions of the Lease not expressly modified or amended hereby shall remain in full force and effect. As amended hereby,the Lease is hereby ratified and confirmed by Landlord and Tenant. To the extent the terms hereof are inconsistent with the terms of the Lease,the terms hereof shall control. (SIGNATURES CONTAINED ON THE FOLLOWING PAGE(S)) 2 Page 269 of 972 IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed as of the date first set forth above. LANDLORD: WITNESSES: DUKE PGC AT QUANTUM 1-9, LLC, a Delaware limited liability company By: Duke Realty Limited Partnership, an Indiana limited partnership,its Printed Name: managing member By: Duke Realty Corporation, an Indiana corporation, its sole general Printed Name: partner By: Name: Title: Date of execution: TENANT: WITNESSES: CITY OF BOYNTON BEACH, FLORIDA, a municipality of the State of Florida Printed Name: By. Name: Title: Printed Name: Attest: Name: Title: Date of execution: f 4lorida market\amendments\city of boynton beach(pohce).2nd.3(fma1).doc 3 Page 270 of 972 e FIRST AMENDMENT TO LEASE IS FIRST AMENDMENT TO LEASE(this"Amendment")is made as ofthe?3day of 2018,by and between DUKE PGC AT QUANTUM 1-9,LLC,a Delaware limited liability comp 'ny("Landlord"),and CITY OF BOYNTON BEACH,FLORIDA,a municipality of the State of Florida("Tenant"). WITNESSETH: WHEREAS, Landlord and Fantasy Chocolates, Inc.("Original Tenant")heretofore entered into that certain Lease dated April 23,2012(the "Lease")for the lease of approximately 30,000 square feet of space, located at 2045 High Ridge Road, Boynton Beach, Florida 33426,within Gateway Center,said space being more particularly described therein (the"Leased Premises");and WHEREAS,Original Tenant heretofore assigned all of its interest under the Lease to Tenant; and WHEREAS, Landlord and Tenant desire to amend the Lease to,among other things,(a)provide Landlord's consent to Original Tenant's assignment of the Lease to Tenant,and(b)amend the Lease on the terms and conditions hereinafter set forth. NOW,THEREFORE,for and in consideration of Ten and No/100 Dollars($10.00)and other good and valuable consideration in hand paid by each party hereto to the other,the receipt and sufficiency of which are hereby acknowledged,the parties hereto do hereby agree as follows: I. Incorporation of Recitals and Definitions. The above recitals are hereby incorporated into this Amendment as if fully set forth herein. All capitalized terms used herein but undefined shall have the meaning as defined in the Lease. 2. Landlord's Consent to Assicment. Landlord hereby consents to Original Tenant's assignment of all of its interest in the Lease and the Leased Premises to Tenant pursuant to the terns of that certain Assignment of Lease Agreement dated ) d�. I ,2018(the"Assignment Agreement"),by and between Original Tenant and Tenant;6rovided,however, in accordance with Section 11.01a of the Lease, such assignment does not affect or release any liability of Original Tenant under the terms and obligations of the Lease. Landlord's consent to the Assignment Agreement shall not be deemed Landlord's consent to any specific term or condition thereof,but is given only to evidence that by entering into said Assignment Agreement, neither Original Tenant nor Tenant has committed a Default under the Lease. Within ten(10)days following the date hereof,Tenant shall remit an administrative fee of$500.00 to Landlord for the review and approval of the Assignment Agreement. 3. Permitted_ se. Section 1.01k) of the Lease is hereby deleted in its entirety and replaced with the following: "(k) Permitted Use: police department,ancillary office use,and warehousing and storage of related supplies." 4. Tenant's lndemi ification. The following sentence is hereby inserted at the end of Section 8,02 of the Lease: "Tenant expressly retains all rights,benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section,article or paragraph of this Lease to the contrary,nothing in this Lease shall be deemed as a waiver of (002305"1306-M5263} 1 Page 271 of 972 sovereign immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature,and the cap on the amount and liability of Tenant for damages,attorney fees and costs,regardless of the number or nature of claims in tort,equity or contract,shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this Lease shall inure to the benefit of any third party for the purpose of allowing any claim against Tenant which would otherwise be barred under the doctrine of sovereign immunity or operation of law." 5. Tenant's Insurance. The following clause(c)is hereby inserted into Section 8.04 of the Lease: "(c) Notwithstanding anything to the contrary contained herein,City of Boynton Beach,Florida("City")may self-insure with respect to the policies of insurance provided for in this Section 8.04, provided that(i)City has in effect a program of"self-insurance" insuring City as a named insured against such risk,which program complies with any and all applicable laws regarding self-insurance for public entities in the State of Florida,(ii)subject to the provisions of Florida Statute §768.28 and related case law which may limit and/or prohibit City from indemnifying third parties,City agrees to indemnify and hold harmless Landlord from and against any loss,cost,damage,expense(including reasonable attorneys' fees and court costs),claim, cause of action or liability that Landlord may incur that would have been covered by the insurance policies replaced by the self-insurance,and(iii)such self-insurance shall not affect the non-liability of Landlord described in this Lease. City shall deliver to Landlord notice in writing of the required coverages which City is self-insuring setting forth the amount, limits and scope of the self-insurance with respect to each type of coverage self-insured. This provision is personal to City and shall automatically terminate if all or any portion of this Lease is assigned by City." b. Option to Extend. Section 17.01 of the Lease is hereby deleted in its entirety and replaced with the following: "Section 17.01. Ootion to Extend. (a) Grant and Exercise of Option. Provided that(i)no default has occurred and is then continuing,(ii)the creditworthiness of Tenant is then reasonably acceptable to Landlord,and (iii)Tenant originally named herein remains in possession of and has been continuously operating in the entire Leased Premises throughout the Lease Term,Tenant shall have one(1)option to extend the Lease Term for one(1)additional period of one(l)year(the"Extension Term"). The Extension Term shall be upon the same terms and conditions contained in the Lease except(x) Tenant shall not have any further option to extend,(y)any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Tenn,and(z)the Minimum Annual Rent shall be adjusted as set forth herein("Rent Adjustment"). Tenant shall exercise such option by delivering to Landlord, no later than two hundred seventy(270)days prior to the expiration of the current Lease Tenn,written notice of Tenant's desire to extend the Lease Term. Tenant's failure to properly exercise such option shall be deemed a waiver of such option. If Tenant properly exercises its option to extend,Landlord shall notify Tenant of the Rent Adjustment no later than two hundred forty(240)days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within five(5)business days after receipt thereof. If Tenant properly exercises its option to extend, Landlord and Tenant shall execute an amendment to the Lease(or,at Landlord's option,a new lease on the form then in use for the Building)reflecting the terms and conditions of the Extension Tenn within thirty (30)days after Tenant's acceptance(or deemed acceptance)of the Rent Adjustment. 10OU ".1 5263' 2 Page 272 of 972 (b) Rent Adiustment. The Minimum Annual Rent for the Extension Term shall be an amount equal to the Minimum Annual Rent then being quoted by Landlord to prospective renewing tenants of the Building for space of comparable size and quality and with similar or equivalent improvements as are found in the Building,and if none,then in similar buildings in the vicinity, provided,however,that in no event shall the Minimum Annual Rent during the Extension Term be less than the highest Minimum Annual Rent payable during the immediately preceding term. The Monthly Rental Installments shall be an amount equal to one-twelfth(1/12) of the Minimum Annual Rent for the Extension Term and shall be paid at the same time and in the same manner as provided in the Lease." 7. Right of First Offer. Landlord and Tenant acknowledge and agree that Tenant's right of first offer as set forth in Section 17.02 of the Lease is void by its terms and is of no further force or effect. 8. Sales Tax. Landlord and Tenant acknowledge and agree that to the extent that Tenant is exempt from sales tax in accordance with the laws of Florida,any reference to sales tax in the Lease shall be without force or effect. 9. Removal-of Improvemen15. Upon the expiration or earlier termination of the Lease, Tenant shall remove any offices constructed in the warehouse portion of the Leased Premises and return the Leased Premises to its original condition(but Tenant shall not be required to remove the bathroom with showers and lockers and the bullet proof glass in the lobby portion of the Leased Premises, if any), reasonable wear and tear excepted. 10. Re resentations and Warranic . (a) Tenant hereby represents and warrants that(i)Tenant is duly organized,validly existing and in good standing(if applicable)in accordance with the laws of the jurisdiction under which it was organized;(ii)Tenant is authorized to do business in the jurisdiction where the Leased Premises is located;and(iii)the individual(s)executing and delivering this Amendment on behalf of Tenant has been properly authorized to do so,and such execution and delivery shall bind Tenant to its terms. (b) Landlord hereby represents and warrants that(i)Landlord is duly organized,validly existing and in good standing(if applicable)in accordance with the laws of the jurisdiction under which it was organized;(ii)Landlord is authorized to do business in the jurisdiction where the Leased Premises is located;and(iii)the individual(s)executing and delivering this Amendment on behalf of Landlord has been properly authorized to do so, and such execution and delivery shall bind Landlord to its terms. 11. Examination of Amendment. Submission of this instrument for examination or signature to Tenant does not constitute a reservation or option,and it is not effective until execution by and delivery to both Landlord and Tenant. 12. Inco oration. This Amendment shall be incorporated into and made a part of the Lease, and all provisions of the Lease not expressly modified or amended hereby shall remain in full force and effect. As amended hereby, the Lease is hereby ratified and confirmed by Landlord and Tenant. To the extent the terms hereof are inconsistent with the terms of the Lease,the terms hereof shall control. (SIGNATURES CONTAINED ON THE FOLLOWING PAGE(S)) JWn0544 Y 30b S2fi3M 3 Page 273 of 972 IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed as of the date first set forth above. LANDLORD: WITNESSES: DUKE PGC AT QUANTUM 1-9, LLC, a Delaware limited liability company By: Duke Realty Limited Partnership, printed N e: 4','- an Indiana limited partnership, its managing member s By: Duke Realty Corporation,an `m w Indiana corporation, its sole general Printed Name ^'� r partner By J Edward P.Mitchell Senior Vice President Date of execution: TENANT: l E S: CITY OF BOYNTON BEACH, FLORIDA,a municipality of the State of Florida Punted Name By:...... . _ N e: r �- Title M jC Printed Name: Attest: Natt 7 4-0-1,1 A pts LY Tete:. _... . GL rg fc Date of execution: f`lOorida madcctlamendmcntslcity of boynton beacit(police).ast2doc Iw2,O5"1 5263) 4 Page 274 of 972 L ASSIGNMENT OF LEASE AGREEMENT 07 THIS ASSIGNMENT OF LEASE AGREEMENT is made on this kol day of May, 2018 by and between Fantasy Chocolates, Inc., a Florida corporation,hereinafter the"Assignor"and City of Boynton Beach,Florida, a municipality of the State of Florida(the"Assignee"). WITNESSETH : WHEREAS, on April 23, 2012, Assignor entered into a Lease Agreement (the "Lease Agreement") with respect to certain premises located at 2045 High Ridge Road, Boynton Beach, FL 33342 (the "Premises"), entered into with Duke PGC at Quantum 1-9, LLC, a Delaware limited liability company. WHEREAS, Assignor desires to assign its interest in the Lease Agreement to Assignee, which term of the Lease Agreement commenced on June 1, 2012 and expires on February 3,2020. WHEREAS, Upon execution of this Assignment of Lease, Landlord and Assignee will execute a First Amendment to Lease. This Assignment of Lease shall be contingent upon the execution of the First Amendment to Lease by the landlord. THEREFORE, in consideration of the covenants, conditions and agreements contained in the above-referenced documents and for the sum of TEN AND N0/100 ($10.00) DOLLARS and other lawful consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. Assignor hereby assigns all of its interest in the Lease Agreement to the Assignee. The Assignee hereby assumes the Lease and undertakes the monthly rent payments due from Tenant starting on June 1, 2018 and agrees to perform any other obligations in accordance with the terms of the Lease Agreement. 3. This Assignment shall be governed by the laws of the State of Florida. [This Portion of the Page is Intentionally Left Blank] 100227375.1 306-9965263) 34708443vl i Page 275 of 972 IN WITNESS WHEREOF, the parties hereto have executed this Assignment of Lease Agreement on the date first written above. Assignor: WITNESSES: Fantasy Chocolates, Inc., a Florida corporation .. m '�. B Print Name: ef'.... Name: (-bell Title: Print Name: Cu Assignee: City of Boynton Beach,Florida, a municipality oft e State f F �)rida By: .. Name: Title: a . Tint Name: (00227375.1 306-9905263) 34708443v1 2 Page 276 of 972 LEASE THIS LEASE(the"Lease")is executed this ; '3r day of t -------------------- ,2012,by and between DUKE PGC AT QUANTUM 1-9,LLC,a Delaware limited liability company("Landlord"), and FANTASY CHOCOLATES,INC.,a Florida corporation("Tenant"). ARTICLE 1 -LEASE OF PREMISES Section 1.01. Basic Lease Provisions and Definitions. (a) Leased Premises(shown outlined on Exhibit A attached hereto): a portion of the building commonly known as Gateway Center 5 (the"Building"),located at 2045 High Ridge Road, Boynton Beach,Florida 33426,within Gateway Center(the"Park");provided,however,that prior to the Expansion Date(as hereinafter defined),the Leased Premises shall consist of only that portion labeled "Phase I" on Exhibit A hereto("Phase I"). (b) Rentable Area: approximately 30,000 square feet;provided,however,that prior to the Expansion Date,the Rentable Area shall be 22,500 rentable square feet. (c) Tenant's Proportionate Share: 52.06%;provided,however,that prior to the Expansion Date,Tenant's Proportionate Share shall be 39.04%. (d) Minimum Annual Rent: June 1,2012-January 31,2013 $ 0.00 February 1,2013-January 31,2014 $165,000.00 February 1,2014-January 31,2015 $169,950.00 February 1,2015-January 31,2016 $174,900.00 February 1,2016-January 31,2017 $180,300.00 February 1,2017-January 31,2018 $185,709.00 February 1,2018-January 31,2019 $191,280.24 February 1,2019-January 31,2020 $197,018.64 (Note: Minimum Annual Rent does not include applicable Florida State Sales Tax,or Additional Rent,which sums shall be the sole responsibility of Tenant.) The foregoing schedule shall be adjusted based on the Commencement Date and the Expansion Date,as applicable,to ensure that Tenant receives a minimum of eight(8)months of rent abatement and pays seven(7)years of Minimum Annual Rent for the entire Leased Premises. (e) Monthly Rental Installments: June 1,2012--January 31,2013 $ 0.00 February 1,2013-January 31,2014 $13,750.00 February 1,2014-January 31,2015 $14,162.50 February 1,2015-January 31,2016 $14,575.00 February 1,2016-January 31,2017 $15,025.00 February 1,2017-January 31,2018 $15,475.75 February 1,2018-January 31,2019 $15,940.02 February 1,2019 January 31,2020 $16,418.22 GA Lcasing\South Florida Properties\Prenticr Portfolio\Buildings\Gateway Centcr\Proposals Fantasy Chocolates\Fantasy Chocolates 4(Final).Doc Page 277 of 972 (Note: Monthly Rental Installments do not include applicable Florida State Sales Tax,or Additional Rent,which sums shall be the sole responsibility of Tenant.) The foregoing schedule shall be adjusted based on the Commencement Date and the Expansion Date,as applicable,to ensure that Tenant receives a minimum of eight(8)months of rent abatement and pays seven(7)years of Monthly Rental Installments for the entire Leased Premises. (f) Intentionally Omitted. (g) Target Commencement Date: June 1,2012. (h) Expiration Date: The date immediately preceding the seventh(7`)anniversary of the Expansion Date. (i) Security Deposit: $48,000.00. 0) Broker(s): Levy Realty Advisors Inc.representing Tenant,and Duke Realty Services, LLC representing Landlord. (k) Permitted Use: General office,light manufacturing,warehousing and storage of food products and related purposes. (1) Address for notices and payments are as follows: Landlord: Duke PGC at Quantum 1-9,LLC c/o Duke Realty Corporation Attn.: South Florida Market—V.P.,Asset Mgmt.&Customer Service 2400 North Commerce Parkway,Suite 405 Weston,FL 33326 With Payments to: Duke PGC at Quantum 1-9,LLC c/o Duke Realty Corporation 75 Remittance Drive, Suite 1477 Chicago,IL 60675-1477 Tenant(prior to occupancy): Fantasy Chocolates,Inc. 2885 South Congress Avenue,Unit A Delray Beach,Florida 33445 Tenant(following occupancy): Fantasy Chocolates,Inc. 2045 High Ridge Road Boynton Beach,Florida 33426 (m) Guarantor: None. EXHIBITS Exhibit A: Leased Premises Exhibit B: Tenant Improvements Exhibit B-1: Phase I Scope of Work 2 Page 278 of 972 Exhibit B-2: Phase II Scope of Work Exhibit C-1: Phase I Letter of Understanding Exhibit C-2: Phase II Letter of Understanding Exhibit D: Rules and Regulations Exhibit E: Offer Space Section 1.02. Lease of Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Leased Premises,under the terms and conditions herein,together with a non-exclusive right,in common with others,to use the following(collectively,the"Common Areas"): the areas of the Building and the underlying land and improvements thereto that are designed for use in common by all tenants of the Building and their respective employees,agents,customers,invitees and others. ARTICLE 2-TERM AND POSSESSION Section 2.01. Lease Tenn. The Lease Tenn shall commence as of the date(the"Commencement Date")that Substantial Completion(as defined in Exhibit B hereto)of the Phase I Improvements(as defined in Section 2.02 below)occurs and shall continue through and including the Expiration Date. Upon the date(the"Expansion Date")that is the later to occur of(a)February 1,2013,or(b)the date that Substantial Completion of the Phase II Improvements(as defined in Section 2.02 below)occurs,the Leased Premises shall be expanded to include that portion labeled"Phase II"on Exhibit A hereto("Phase Ir). Section 2.02. Construction of Tenant Improvements. Landlord shall construct and install all leasehold improvements to Phase I(the"Phase I Improvements")and all leasehold improvements to Phase II(the"Phase II Improvements";the Phase I Improvements and the Phase II Improvements hereinafter,collectively,called the"Tenant Improvements")in accordance with Exhibit B attached hereto and made a part hereof. Section 2.03. Surrender of the Leased Premises. Upon the expiration or earlier termination of this Lease,Tenant shall,at its sole cost and expense,immediately(a)surrender the Leased Premises to Landlord in broom-clean condition and in good order,condition and repair,(b)remove from the Leased Premises or where located(i)Tenant's Property(as defined in Section 8.01 below),(ii)all data and communications equipment,wiring and cabling(including above ceiling,below raised floors and behind walls),and(iii)any alterations required to be removed pursuant to Section 7.03 below,and(c)repair any damage caused by any such removal and restore the Leased Premises to the condition existing upon the Commencement Date,reasonable wear and tear excepted. All of Tenant's Property that is not removed within ten(10)business days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property at Tenant's cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Section 2.04. Holding Over. If Tenant retains possession of the Leased Premises after the expiration or earlier termination of this Lease,Tenant shall be a tenant at sufferance at one hundred fifty percent(150%)of the Monthly Rental Installments and Annual Rental Adjustment(as hereinafter defined)for the Leased Premises in effect upon the date of such expiration or earlier termination, and otherwise upon the terms,covenants and conditions herein specified,so far as applicable. Acceptance by Landlord of rent after such expiration or earlier termination shall not result in a renewal of this Lease,nor shall such acceptance create a month-to-month tenancy. In the event a month-to-month tenancy is created by operation of law,either party shall have the right to terminate such month-to-month tenancy upon thirty(30)days'prior written notice to the other,whether or not said notice is given on the rent paying 3 Page 279 of 972 date. This Section 2.04 shall in no way constitute a consent by Landlord to any holding over by Tenant upon the expiration or earlier termination of this Lease,nor limit Landlord's remedies in such event. ARTICLE 3-RENT Section 3.01. Base Rent. Tenant shall pay to Landlord the Minimum Annual Rent in the Monthly Rental Installments,plus Florida State Sales Tax, in advance,without demand,deduction or offset,on the Commencement Date and on or before the first day of each and every calendar month thereafter during the Lease Term. The Monthly Rental Installments for partial calendar months shall be prorated. Tenant shall be responsible for delivering the Monthly Rental Installments to the payment address set forth in Section 1.010)above in accordance with this Section 3.01. Section 3.02. Annual Rental Adjustment Definitions. (a) "Annual Rental Adjustment" shall mean the amount of Tenant's Proportionate Share of Operating Expenses for a particular calendar year. (b) "Operating Expenses"shall mean the amount of all of Landlord's costs and expenses paid or incurred in operating,repairing,replacing and maintaining the Building and the Common Areas in good condition and repair for a particular calendar year(including all additional costs and expenses that Landlord reasonably determines that it would have paid or incurred during such year if the Building had been fully occupied;furthermore,if the Building's occupancy is deemed substantially full in any calendar year,all costs and expenses paid or incurred during that year will be recoverable from the tenants of the Building),including by way of illustration and not limitation,the following: all Real Estate Taxes(as hereinafter defined),insurance premiums and deductibles;water,sewer,electrical and other utility charges other than the separately billed electrical and other charges paid by Tenant as provided in this Lease(or other tenants in the Building);painting; stormwater discharge fees;tools and supplies; repair costs;landscape maintenance costs;access patrols;license,permit and inspection fees;management fees (which shall not exceed 5%of the gross rental receipts for the Building);administrative fees; supplies, costs,wages and related employee benefits payable for the management,maintenance and operation of the Building;maintenance,repair and replacement of the driveways,parking areas,curbs and sidewalk areas (including snow and ice removal),landscaped areas,drainage strips,sewer lines,exterior walls, foundation,structural frame,roof,gutters and lighting;and maintenance and repair costs,dues,fees and assessments incurred under any covenants or charged by any owners association. The cost of any Operating Expenses that are capital in nature shall be amortized over the useful life of the improvement (as reasonably determined by Landlord), and only the amortized portion shall be included in Operating Expenses. (c) "Tenant's Proportionate Share of Operating Expenses"shall mean an amount equal to the product of Tenant's Proportionate Share times the Operating Expenses. Said Operating Expenses are estimated to be$3.62 per square foot for calendar year 2012. Tenant acknowledges that said amount is only an estimate and agrees to reimburse Landlord for Tenant's Proportionate Share of the actual Operating Expenses under the Lease in accordance with this Section 3.02. (d) "Real Estate Taxes"shall mean any form of real estate tax or assessment or service payments in lieu thereof,and any license fee,commercial rental tax,improvement bond or other similar charge or tax(other than inheritance,personal income or estate taxes)imposed upon the Building or Common Areas,or against Landlord's business of leasing the Building,by any authority having the power to so charge or tax,together with costs and expenses of contesting the validity or amount of the Real Estate Taxes. 4 Page 280 of 972 Section 3.03. Payment of Additional Rent. (a) Any amount required to be paid by Tenant hereunder(in addition to Minimum Annual Rent)and any charges or expenses incurred by Landlord on behalf of Tenant under the terms of this Lease shall be considered"Additional Rent"payable in the same manner and upon the same terms and conditions as the Minimum Annual Rent reserved hereunder,except as set forth herein to the contrary. Any failure on the part of Tenant to pay such Additional Rent when and as the same shall become due shall entitle Landlord to the remedies available to it for non-payment of Minimum Annual Rent. Notwithstanding the foregoing,Landlord and Tenant acknowledge and agree that(i)any excess costs incurred by Tenant and payable to Landlord in connection with the construction and installation of the Tenant Improvements(the"Excess Costs")shall not be considered Additional Rent under this Lease,(ii) neither party shall record Excess Costs as rental income or rental expense on its respective books and records,(iii)Tenant is not obligated to incur Excess Costs under this Lease,and(iv)the portion of the Tenant Improvements related to the Excess Costs are solely for Tenant's own use and benefit and the Excess Costs are in addition to,not in lieu of,the market rental rate charged by Landlord to Tenant under this Lease. (b) In addition to the Minimum Annual Rent specified in this Lease,commencing as of the Commencement Date,Tenant shall pay to Landlord as Additional Rent for the Leased Premises,in each calendar year or partial calendar year during the Lease Term,an amount equal to the Annual Rental Adjustment for such calendar year. Landlord shall estimate the Annual Rental Adjustment annually,and written notice thereof shall be given to Tenant prior to the beginning of each calendar year. Tenant shall pay to Landlord each month,at the same time the Monthly Rental Installment is due,an amount equal to one-twelfth(1/12)of the estimated Annual Rental Adjustment. Tenant shall be responsible for delivering the Additional Rent to the payment address set forth in Section 1.01(1) above in accordance with this Section 3.03. If Operating Expenses increase during a calendar year,Landlord may increase the estimated Annual Rental Adjustment one(1)time during such year by giving Tenant written notice to that effect,and thereafter Tenant shall pay to Landlord,in each of the remaining months of such year,an amount equal to the amount of such increase in the estimated Annual Rental Adjustment divided by the number of months remaining in such year. Within a reasonable time after the end of each calendar year, Landlord shall prepare and deliver to Tenant a statement showing the actual Annual Rental Adjustment. Within thirty(30)days after receipt of the aforementioned statement,Tenant shall pay to Landlord,or Landlord shall credit against the next rent payment or payments due from Tenant,as the case may be,the difference between the actual Annual Rental Adjustment for the preceding calendar year and the estimated amount paid by Tenant during such year. This Section 3.03 shall survive the expiration or any earlier termination of this Lease. Section 3.04. Late Charizes. Tenant acknowledges that Landlord shall incur certain additional unanticipated administrative and legal costs and expenses if Tenant fails to pay timely any payment required hereunder. Therefore,in addition to the other remedies available to Landlord hereunder,if any payment required to be paid by Tenant to Landlord hereunder shall become overdue,such unpaid amount shall bear interest from the due date thereof to the date of payment at the prime rate of interest,as reported in the Wall Street Journal(the"Prime Rate")plus six percent(6%)per annum;provided, however such interest rate shall not be less than twelve percent(12%)per annum. Section 3.05. Maximum Increase in Operating Expenses. Notwithstanding anything in this Lease to the contrary,Tenant will be responsible for Tenant's Proportionate Share of Real Estate Taxes, insurance premiums,utilities,trash removal,management fees(subject to the cap set forth in Section 3.02(b)above),and charges assessed against the Building pursuant to any covenants or owner's association("Uncontrollable Expenses"),without regard to the level of increase in any or all of the above in any year or other period of time. Tenant's obligation to pay all other Building Operating Expenses that 5 Page 281 of 972 are not Uncontrollable Expenses(herein"Controllable Expenses")shall be limited to a five percent(5%) per annum increase over the amount the Controllable Expenses per square foot for the immediately preceding calendar year would have been had the Controllable Expenses per square foot increased at the rate of five percent(5%)in all previous calendar years beginning with the actual Controllable Expenses per square foot for the year ending December 31,2012. Notwithstanding the foregoing,to the extent there is a material change in immigration laws,an increase in the current minimum wage(as of the date of this Lease)or the unionization of the labor force(collectively,the"Uncontrollable Events")that actually impacts the cost of landscaping for the Building beyond the standard cost increases over time as a result of inflation,then the portion of such cost increase relating to the Uncontrollable Events(but excluding, the inflationary increases or costs not relating to the Uncontrollable Events)would not be subject to the five percent(5%)cap and Tenant shall pay Tenant's Proportionate Share of such costs in the same manner as the other Uncontrollable Expenses. Section 3.06. Inspection and Audit Rights. (a) Tenant shall have the right to inspect,at reasonable times and in a reasonable manner, during the sixty(60)day period following the delivery of Landlord's statement of the actual amount of the Annual Rental Adjustment(the"Inspection Period"),such of Landlord's books of account and records as pertain to and contain information concerning the Annual Rental Adjustment for the prior calendar year in order to verify the amounts thereof. Such inspection shall take place at Landlord's office upon at least fifteen(15)days prior written notice from Tenant to Landlord. Only Tenant or a certified public accountant that is not being compensated for its services on a contingency fee basis shall conduct such inspection. Tenant shall also agree to follow Landlord's reasonable procedures for auditing such books and records. Landlord and Tenant shall act reasonably in assessing the other party's calculation of the Annual Rental Adjustment. Tenant shall provide Landlord with a copy of its findings within thirty(30) days after completion of the audit. Tenant's failure to exercise its rights hereunder within the Inspection Period shall be deemed a waiver of its right to inspect or contest the method,accuracy or amount of such Annual Rental Adjustment. (b) If Landlord and Tenant agree that Landlord's calculation of the Annual Rental Adjustment for the inspected calendar year was incorrect,the parties shall enter into a written agreement confirming such undisputed error and then Landlord shall make a correcting payment in full to Tenant within thirty(30)days after the determination of the amount of such error or credit such amount against future Additional Rent if Tenant overpaid such amount,and Tenant shall pay Landlord within thirty(30) days after the determination of such error if Tenant underpaid such amount. In the event of any errors on the part of Landlord that Landlord agrees were errors costing Tenant in excess of ten percent(10%)of Tenant's actual operating expense liability for any calendar year,Landlord will also reimburse Tenant for the costs of an audit reasonably incurred by Tenant in an amount not to exceed$2,500 within the above thirty(30)day period. If Tenant provides Landlord with written notice disputing the correctness of Landlord's statement,and if such dispute shall have not been settled by agreement within thirty(30)days after Tenant provides Landlord with such written notice,Tenant may submit the dispute to a reputable firm of independent certified public accountants selected by Tenant and approved by Landlord,and the decision of such accountants shall be conclusive and binding upon the parties. If such accountant decides that there was an error,Landlord will make correcting payment if Tenant overpaid such amount,and Tenant shall pay Landlord if Tenant underpaid such amount. The fees and expenses involved in such decision shall be borne by the party required to pay for the audit. (c) All of the information obtained through Tenant's inspection with respect to financial matters(including,without limitation,costs,expenses and income)and any other matters pertaining to Landlord,the Leased Premises,the Building and/or the Park as well as any compromise,settlement or adjustment reached between Landlord and Tenant relative to the results of the inspection shall be held in 6 Page 282 of 972 strict confidence by Tenant and its officers,agents,and employees;and Tenant shall cause its independent professionals to be similarly bound. The obligations within the preceding sentence shall survive the expiration or earlier termination of the Lease. ARTICLE 4-SECURITY DEPOSIT Upon execution and delivery of this Lease by Tenant,Tenant shall deposit the Security Deposit with Landlord as security for the performance by Tenant of all of Tenant's obligations contained in this Lease. In the event of a default by Tenant,Landlord may apply all or any part of the Security Deposit to cure all or any part of such default;provided,however,that any such application by Landlord shall not be or be deemed to be an election of remedies by Landlord or considered or deemed to be liquidated damages. Tenant agrees promptly,upon demand,to deposit such additional sum with Landlord as may be required to maintain the full amount of the Security Deposit. All sums held by Landlord pursuant to this Article 4 shall be without interest and may be commingled by Landlord. Within forty-five(45)days following the end of the Lease Term,provided that there is then no uncured default or any repairs required to be made by Tenant pursuant to Section 2.03 above or Section 7.03 below,Landlord shall return the Security Deposit to Tenant. ARTICLE 5-OCCUPANCY AND USE Section 5.01. Use. Tenant shall use the Leased Premises for the Permitted Use and for no other purpose without the prior written consent of Landlord. Section 5.02. Covenants of Tenant Regarding Use. (a) Tenant shall(i)use and maintain the Leased Premises and conduct its business thereon in a safe,careful,reputable and lawful manner,(ii)comply with all covenants that encumber the Building and all laws,rules,regulations,orders,ordinances,directions and requirements of any governmental authority or agency,now in force or which may hereafter be in force,including,without limitation,those which shall impose upon Landlord or Tenant any duty with respect to or triggered by a change in the use or occupation of,or any improvement or alteration to,the Leased Premises,and(iii)comply with and obey all reasonable directions,rules and regulations of Landlord,including the Building Rules and Regulations attached hereto as Exhibit D and made a part hereof,as may be modified from time to time by Landlord on reasonable notice to Tenant. (b) Tenant shall not do or permit anything to be done in or about the Leased Premises that will in any way cause a nuisance,obstruct or interfere with the rights of other tenants or occupants of the Building or injure or annoy them. Landlord shall not be responsible to Tenant for the non-performance by any other tenant or occupant of the Building of any of Landlord's directions,rules and regulations,but agrees that any enforcement thereof shall be done uniformly. Tenant shall not overload the floors of the Leased Premises. All damage to the floor structure or foundation of the Building due to improper positioning or storage of items or materials shall be repaired by Landlord at the sole expense of Tenant, who shall reimburse Landlord immediately therefor upon demand. Tenant shall not use the Leased Premises,nor allow the Leased Premises to be used,for any purpose or in any manner,except as expressly provided in the Permitted Use set forth in Section 1.01(k)above,that would(i)invalidate any policy of insurance now or hereafter carried by Landlord on the Building,or(ii)increase the rate of premiums payable on any such insurance policy unless Tenant reimburses Landlord for any increase in premium charged. Section 5.03. Landlord's Ri htg s Regarding Use. Without limiting any of Landlord's rights specified elsewhere in this Lease(a)Landlord shall have the right at any time,without notice to Tenant, 7 Page 283 of 972 to control,change or otherwise alter the Common Areas in such manner as it deems necessary or proper so long as any such control,change or alteration does not materially and adversely affect Tenant's use of the Leased Premises for the Permitted Use,and(b)Landlord,its agents,employees and contractors and any mortgagee of the Building shall have the right to enter any part of the Leased Premises at reasonable times upon reasonable notice(except in the event of an emergency where no notice shall be required)for the purposes of examining or inspecting the same(including,without limitation,testing to confirm Tenant's compliance with this Lease),showing the same to prospective purchasers,mortgagees or tenants, and making such repairs,alterations or improvements to the Leased Premises or the Building as Landlord may deem necessary or desirable. Landlord shall incur no liability to Tenant for such entry,nor shall such entry constitute an eviction of Tenant or a termination of this Lease,or entitle Tenant to any abatement of rent therefor. Section 5.04. Hurricane Shutters. Landlord shall provide Tenant with hurricane shutters for Tenant's use at the Leased Premises in case of a threat of hurricane,tropical storm,or other adverse weather conditions. Tenant agrees to(a)store the hurricane shutters in the Leased Premises in accordance with Landlord's recommendations,(b)be solely responsible for the maintenance and protection of the hurricane shutters,and(c)replace the hurricane shutters in the event of damage,theft or loss. If there is a threat of hurricane,tropical storm,or other adverse weather condition,it will be Tenant's sole responsibility to promptly install the hurricane shutters and to then remove the hurricane shutters after the weather threat has passed. Hurricane shutters will be installed on the pre-existing bolts installed by Landlord for such purposes,and Tenant shall not be permitted to drill or install other bolts, nails or other devices into the exterior of the Building. Tenant shall be solely responsible to monitor weather reports,and Landlord has no duty to advise Tenant of the threat of hurricane,tropical storm or other adverse weather condition nor will Landlord have any duty or obligation to assist or instruct Tenant in the installation or removal of the hurricane shutters. Upon the expiration or earlier termination of the Lease,Tenant shall return the hurricane shutters to Landlord in substantially the same condition in which such hurricane shutters were received,ordinary wear and tear excepted. From time to time but not more than once in any calendar year,within ten(10)days following Tenant's receipt of written notice from Landlord,Tenant shall deliver to Landlord an inventory of the hurricane shutters on hand. If Tenant fails to deliver the inventory to Landlord within the time specified,Landlord's agents or employees shall be given access to the Leased Premises to take the inventory themselves,and in such event,Tenant agrees to reimburse to Landlord,within ten(10)days of demand,an administrative fee in the fixed amount of $750.00 representing a reimbursement to Landlord of Landlord's time and expense to have the inventory performed. ARTICLE 6-UTILITIES Tenant shall obtain in its own name and pay directly to the appropriate supplier the cost of all utilities and services serving the Leased Premises. However,if any services or utilities are jointly metered with other property,Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services(at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers)and Tenant shall pay such share to Landlord within fifteen(15)days after receipt of Landlord's written statement. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. ARTICLE 7-REPAIRS,MAINTENANCE AND ALTERATIONS Section 7.01. Repair and Maintenance of Building. Landlord shall make all necessary repairs, replacements and maintenance to the roof,sprinkler systems,exterior walls,foundation,structural frame 8 Page 284 of 972 of the Building and the parking and landscaped areas and other Common Areas. The cost of such repairs, replacements and maintenance shall be included in Operating Expenses to the extent provided in Section 3.02;provided however,to the extent any such repairs,replacements or maintenance are required because of the negligence,misuse or default of Tenant,its employees,agents,contractors,customers or invitees, Landlord shall make such repairs at Tenant's sole expense after providing thirty(30)days written notice to Tenant,together with evidence that Tenant is responsible for such repairs,replacement or maintenance. Section 7.02. Repair and Maintenance of Leased Premises. (a) Tenant shall,at its own cost and expense,maintain the Leased Premises in good condition,regularly servicing and promptly making all repairs and replacements thereto,including but not limited to the electrical systems,heating,ventilation and air conditioning("HVAC")systems,plate glass, floors,windows and doors,and plumbing systems. Tenant shall obtain a preventive maintenance contract on the HVAC systems and provide Landlord with a copy thereof. The preventive maintenance contract shall meet or exceed Landlord's standard maintenance criteria,and shall provide for the inspection and maintenance of the HVAC systems on at least a semi-annual basis. (b) Notwithstanding anything to the contrary set forth in subsection(a)above,in the event that an HVAC unit serving the Leased Premises requires replacement and such replacement constitutes a "capital improvement"under generally accepted accounting principles(i)Tenant shall promptly notify Landlord of the need for such replacement,(ii)Landlord shall perform such replacement at its cost and expense(subject to clause(iii)below),and(iii)the cost of such replacement shall be amortized over the useful life of the replacement,as reasonably determined by Landlord in accordance with generally accepted accounting principles,and Tenant shall be obligated to pay(as Additional Rent,payable in the same manner and upon the same terms and conditions as the Minimum Annual Rent hereunder)for the portion of such amortized costs attributable to the remainder of the Lease Term, including any extensions thereof;provided,however,that in the event such replacement is needed as a result of Tenant's failure to maintain the HVAC unit properly or the negligence or willful misconduct of Tenant or Tenant's agents, employees,contractors or invitees,Tenant shall be required to perform the necessary repairs at its sole cost and expense. Section 7.03. Alterations. Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans therefor in writing. As a condition of such approval,Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease;otherwise,all such alterations shall at Landlord's option become a part of the realty and the property of Landlord,and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws,regulations and building codes,in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises,and nothing in this Lease shall be construed to constitute Landlord's consent to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant,Tenant shall either provide a payment bond to resolve the lien or cause such lien to be discharged of record within thirty(30)days after filing. Tenant shall indemnify Landlord from all costs,losses,expenses and attorneys'fees in connection with any construction or alteration and any related lien. Tenant agrees that at Landlord's option,Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord,who shall receive a fee as Landlord's construction manager or general contractor,shall perform all work on any alterations to the Leased Premises at a competitive market rate. 9 Page 285 of 972 ARTICLE 8-INDEMNITY AND INSURANCE Section 8.01. Release. All of Tenant's trade fixtures,merchandise,inventory,special fire protection equipment,telecommunication and computer equipment,supplemental air conditioning equipment,kitchen equipment and all other personal property in or about the Leased Premises,the Building or the Common Areas,which is deemed to include the trade fixtures,merchandise,inventory and personal property of others located in or about the Leased Premises or Common Areas at the invitation,direction or acquiescence(express or implied)of Tenant(all of which property shall be referred to herein,collectively,as"Tenant's Property"),shall be and remain at Tenant's sole risk. Landlord shall not be liable to Tenant or to any other person for,and Tenant hereby releases Landlord (and its affiliates,property managers and mortgagees)from(a)any and all liability for theft or damage to Tenant's Property,and(b)any and all liability for any injury to Tenant or its employees,agents, contractors,guests and invitees in or about the Leased Premises,the Building or the Common Areas, except to the extent of personal injury caused directly by the negligence or willful misconduct of Landlord,its agents,employees or contractors. Nothing contained in this Section 8.01 shall limit(or be deemed to limit)the waivers contained in Section 8.06 below. In the event of any conflict between the provisions of Section 8.06 below and this Section 8.01,the provisions of Section 8.06 shall prevail. This Section 8.01 shall survive the expiration or earlier termination of this Lease. Section 8.02. Indemnification by Tenant. Tenant shall protect,defend,indemnify and hold Landlord,its agents,employees and contractors of all tiers harmless from and against any and all claims, damages,demands,penalties,costs,liabilities,losses,and expenses(including reasonable attorneys'fees and expenses at the trial and appellate levels)to the extent(a)arising out of or relating to any act, omission,negligence,or willful misconduct of Tenant or Tenant's agents,employees,contractors, customers or invitees in or about the Leased Premises,the Building or the Common Areas,(b)arising out of or relating to any of Tenant's Property,or(c)arising out of any other act or occurrence within the Leased Premises,in all such cases except to the extent of personal injury caused directly by the negligence or willful misconduct of Landlord,its agents,employees or contractors. Nothing contained in this Section 8.02 shall limit(or be deemed to limit)the waivers contained in Section 8.06 below. In the event of any conflict between the provisions of Section 8.06 below and this Section 8.02,the provisions of Section 8.06 shall prevail. This Section 8.02 shall survive the expiration or earlier termination of this Lease. Section 8.03. Indemnification by Landlord. Landlord shall protect,defend,indemnify and hold Tenant,its agents,employees and contractors of all tiers harmless from and against any and all claims, damages,demands,penalties,costs,liabilities,losses and expenses(including reasonable attorneys'fees and expenses at the trial and appellate levels)to the extent arising out of or relating to any act,omission, negligence or willful misconduct of Landlord or Landlord's agents,employees or contractors. Nothing contained in this Section 8.03 shall limit(or be deemed to limit)the waivers contained in Section 8.06 below. In the event of any conflict between the provisions of Section 8.06 below and this Section 8.03, the provisions of Section 8.06 shall prevail. This Section 8.03 shall survive the expiration or earlier termination of this Lease. Section 8.04. Tenant's Insurance. (a) During the Lease Term(and any period of early entry or occupancy or holding over by Tenant,if applicable),Tenant shall maintain the following types of insurance,in the amounts specified below: (i) Liability Insurance. Commercial General Liability Insurance,ISO Form CG 00 O1,or its equivalent,covering Tenant's use of the Leased Premises against claims for bodily injury or 10 Page 286 of 972 death or property damage,which insurance shall be primary and non-contributory and shall provide coverage on an occurrence basis with a per occurrence limit of not less than$2,000,000 for each policy year,which limit may be satisfied by any combination of primary and excess or umbrella per occurrence policies. (ii) Property Insurance. Special Form Insurance in the amount of the full replacement cost of Tenant's Property(including,without limitation,alterations or additions performed by Tenant pursuant hereto,but excluding those improvements,if any,made pursuant to Section 2.02 above), which insurance shall waive coinsurance limitations. (iii) Worker's Compensation Insurance. Worker's Compensation insurance in amounts required by applicable law;provided, if there is no statutory requirement for Tenant,Tenant shall still obtain Worker's Compensation insurance coverage. (iv) Business Interruption Insurance. Business Interruption Insurance with limits not less than an amount equal to two(2)years rent hereunder. Notwithstanding the foregoing,Tenant may elect not to carry Business Interruption Insurance;provided,however,that in such event Tenant shall release Landlord from any and all liability arising during the Lease Term that would have been covered by such Business Interruption Insurance had Tenant elected to carry such coverage. (v) Automobile Insurance. Comprehensive Automobile Liability Insurance insuring bodily injury and property damage arising from all owned,non-owned and hired vehicles,if any,with minimum limits of liability of$1,000,000 combined single limit,per accident. (b) All insurance required to be carried by Tenant hereunder shall(i)be issued by one or more insurance companies reasonably acceptable to Landlord,licensed to do business in the State in which the Leased Premises is located and having an AM Best's rating of A IX or better,and(ii)provide that said insurance shall not be materially changed,canceled or permitted to lapse on less than thirty(30) days'prior written notice to Landlord. In addition,Tenant shall name Landlord,Landlord's managing agent,and any mortgagee requested by Landlord,as additional insureds under its commercial general liability,excess and umbrella policies(but only to the extent of the limits required hereunder). On or before the Commencement Date(or the date of any earlier entry or occupancy by Tenant),and thereafter, within thirty(30)days prior to the expiration of each such policy,Tenant shall furnish Landlord with certificates of insurance in the form of ACORD 25(or other evidence of insurance reasonably acceptable to Landlord),evidencing all required coverages,and that with the exception of Workers Compensation insurance,such insurance is primary and non-contributory. Upon Tenant's receipt of a request from Landlord,Tenant shall provide Landlord with copies of all insurance policies,including all endorsements, evidencing the coverages required hereunder. If Tenant fails to carry such insurance and furnish Landlord with such certificates of insurance or copies of insurance policies(if applicable),Landlord may obtain such insurance on Tenant's behalf and Tenant shall reimburse Landlord upon demand for the cost thereof as Additional Rent. Landlord reserves the right from time to time to require Tenant to obtain higher minimum amounts or different types of insurance if it becomes customary for other landlords of similar buildings in the area to require similar sized tenants in similar industries to carry insurance of such higher minimum amounts or of such different types. Section 8.05. Landlord's Insurance. During the Lease Term,Landlord shall maintain the following types of insurance,in the amounts specified below(the cost of which shall be included in Operating Expenses): (a) Liability Insurance. Commercial General Liability Insurance,ISO Form CG 00 01,or its equivalent,covering the Common Areas against claims for bodily injury or death and property damage, 11 Page 287 of 972 which insurance shall be primary and non-contributory and shall provide coverage on an occurrence basis with a per occurrence limit of not less than$2,000,000 for each policy year,which limit may be satisfied by any combination of primary and excess or umbrella per occurrence policies. (b) Property Insurance. Special Form Insurance in the amount of the full replacement cost of the Building,including,without limitation,any improvements, if any,made pursuant to Section 2.02 above,but excluding Tenant's Property and any other items required to be insured by Tenant pursuant to Section 8.04 above. Section 8.06. Waiver of Subrogation. Notwithstanding anything contained in this Lease to the contrary,Landlord(and its affiliates,property managers and mortgagees)and Tenant(and its affiliates) hereby waive any rights each may have against the other on account of any loss of or damage to their respective property,the Leased Premises, its contents,or other portions of the Building or Common Areas arising from any risk which is required to be insured against by Sections 8.04(a)(ii),8.04(a)(iii ,and 8.05(b)above. The special form property insurance policies and worker's compensation insurance policies maintained by Landlord and Tenant as provided in this Lease shall include an endorsement containing an express waiver of any rights of subrogation by the insurance company against Landlord and Tenant,as applicable. ARTICLE 9-CASUALTY In the event of total or partial destruction of the Building or the Leased Premises by fire or other casualty,Landlord agrees promptly to restore and repair same;provided,however,Landlord's obligation hereunder with respect to the Leased Premises shall be limited to the reconstruction of such of the leasehold improvements as were originally required to be made by Landlord pursuant to Section 2.02 above,if any. Rent shall proportionately abate during the time that the Leased Premises or part thereof are unusable because of any such damage. Notwithstanding the foregoing,if the Leased Premises are(a) so destroyed that they cannot be repaired or rebuilt within two hundred ten(2 10)days from the casualty date;or(b)destroyed by a casualty that is not covered by the insurance required hereunder or, if covered, such insurance proceeds are not released by any mortgagee entitled thereto or are insufficient to rebuild the Building and the Leased Premises;then,in case of a clause(a)casualty,either Landlord or Tenant may,or, in the case of a clause(b)casualty,then Landlord may,upon thirty(30)days'written notice to the other party,terminate this Lease with respect to matters thereafter accruing. Tenant waives any right under applicable laws inconsistent with the terms of this paragraph. ARTICLE 10-EMINENT DOMAIN If all or any substantial part of the Building or Common Areas shall be acquired by the exercise of eminent domain,Landlord may terminate this Lease by giving written notice to Tenant on or before the date possession thereof is so taken. If all or any part of the Leased Premises shall be acquired by the exercise of eminent domain so that the Leased Premises shall become impractical for Tenant to use for the Permitted Use,Tenant may terminate this Lease by giving written notice to Landlord as of the date possession thereof is so taken. All damages awarded shall belong to Landlord;provided,however,that Tenant may claim dislocation damages if such amount is not subtracted from Landlord's award. ARTICLE 11-ASSIGNMENT AND SUBLEASE Section 11.01. Assignment and Sublease. (a) Tenant shall not assign this Lease or sublet the Leased Premises in whole or in part without Landlord's prior written consent. In the event of any permitted assignment or subletting,Tenant 12 Page 288 of 972 shall remain primarily liable hereunder,and any extension,expansion,rights of first offer,or rights of first refusal granted to Tenant under this Lease shall be rendered void and of no further force or effect. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or the subletting of the Leased Premises. Any assignment or sublease consented to by Landlord shall not relieve Tenant(or its assignee)from obtaining Landlord's consent to any subsequent assignment or sublease. (b) By way of example and not limitation,Landlord shall be deemed to have reasonably withheld consent to a proposed assignment or sublease if in Landlord's opinion(i)the Leased Premises are or may be in any way adversely affected;(ii)the business reputation of the proposed assignee or subtenant is unacceptable;(iii)the financial worth of the proposed assignee or subtenant is insufficient to meet the obligations hereunder,or(iv)the prospective assignee or subtenant is a current tenant at the Park or is a bona-fide third-party prospective tenant. Landlord further expressly reserves the right to refuse to give its consent to any subletting if the proposed rent is publicly advertised to be less than the then current rent for similar premises in the Building. If Landlord refuses to give its consent to any proposed assignment or subletting,Landlord may,at its option,within thirty(30)days after receiving a request to consent,terminate this Lease by giving Tenant thirty(30)days'prior written notice of such termination, whereupon each party shall be released from all further obligations and liability hereunder,except those which expressly survive the termination of this Lease. Notwithstanding the foregoing,in the event Landlord elects to terminate this Lease pursuant to the immediately preceding sentence,Tenant shall have the right to withdraw its assignment or sublet request within ten(10)days after receipt of Landlord's termination notice,whereupon Landlord's termination shall be ineffective and this Lease shall continue in full force and effect. (c) If Tenant shall make any assignment or sublease,with Landlord's consent,for a rental in excess of the rent payable under this Lease,Tenant shall pay to Landlord all of any such excess rental upon receipt. Tenant agrees to pay Landlord$500.00 upon demand by Landlord for reasonable accounting and attorneys'fees incurred in conjunction with the processing and documentation of any requested assignment,subletting or any other hypothecation of this Lease or Tenant's interest in and to the Leased Premises as consideration for Landlord's consent. Section 11.02. Permitted Transfer. Notwithstanding anything to the contrary contained in Section 11.01 above,Tenant shall have the right,without Landlord's consent,but upon ten(10)days'prior notice to Landlord,to(a)sublet all or part of the Leased Premises to any related corporation or other entity which controls Tenant,is controlled by Tenant or is under common control with Tenant;(b)assign all or any part of this Lease to any related corporation or other entity which controls Tenant,is controlled by Tenant,or is under common control with Tenant,or to a successor entity into which or with which Tenant is merged or consolidated or which acquires substantially all of Tenant's assets or property;or(c) effectuate any public offering of Tenant's stock on the New York Stock Exchange or in the NASDAQ over the counter market,provided that in the event of a transfer pursuant to clause(b),the tangible net worth after any such transaction is not less than the tangible net worth of Tenant as of the date hereof and provided further that such successor entity assumes all of the obligations and liabilities of Tenant(any such entity hereinafter referred to as a"Permitted Transferee"). For the purpose of this Article 11,(i) "control" shall mean ownership of not less than fifty percent(50%)of all voting stock or legal and equitable interest in such corporation or entity,and(ii)"tangible net worth"shall mean the excess of the value of tangible assets(i.e.assets excluding those which are intangible such as goodwill,patents and trademarks)over liabilities. Any such transfer shall not relieve Tenant of its obligations under this Lease. Nothing in this paragraph is intended to nor shall permit Tenant to transfer its interest under this Lease as part of a fraud or subterfuge to intentionally avoid its obligations under this Lease(for example, transferring its interest to a shell corporation that subsequently files a bankruptcy),and any such transfer shall constitute a Default hereunder. Any change in control of Tenant resulting from a merger, 13 Page 289 of 972 consolidation,or a transfer of partnership or membership interests,a stock transfer,or any sale of substantially all of the assets of Tenant that do not meet the requirements of this Section 11.02 shall be deemed an assignment or transfer that requires Landlord's prior written consent pursuant to Section 11.01 above. ARTICLE 12-TRANSFERS BY LANDLORD Section 12.01. Sale of the Buildine. Landlord shall have the right to sell the Building at any time during the Lease Term,subject only to the rights of Tenant hereunder;and such sale shall operate to release Landlord from liability hereunder after the date of such conveyance. Section 12.02. Estoppel Certificate. Within ten(10)days following receipt of a written request from Landlord,Tenant shall execute and deliver to Landlord,without cost to Landlord,an estoppel certificate in such form as Landlord may reasonably request certifying(a)that this Lease is in full force and effect and unmodified or stating the nature of any modification,(b)the date to which rent has been paid,(c)that there are not,to Tenant's knowledge,any uncured defaults or specifying such defaults if any are claimed,and(d)any other matters or state of facts reasonably required respecting the Lease. Such estoppel may be relied upon by Landlord and by any purchaser or mortgagee of the Building. Section 12.03. Subordination. This Lease is and shall be expressly subject and subordinate at all times to the lien of any present or future mortgage or deed of trust encumbering fee title to the Leased Premises. If any such mortgage or deed of trust be foreclosed,upon request of the mortgagee or beneficiary("Landlord's Mortgagee"),as the case may be,Tenant will attorn to the purchaser at the foreclosure sale. The foregoing provisions are declared to be self-operative and no further instruments shall be required to effect such subordination and/or attornment;provided,however,that subordination of this Lease to any present or future mortgage or trust deed shall be conditioned upon the mortgagee, beneficiary,or purchaser at foreclosure,as the case may be agreeing that Tenant's occupancy of the Leased Premises and other rights under this Lease shall not be disturbed by reason of the foreclosure of such mortgage or trust deed,as the case may be,so long as Tenant is not in default under this Lease. Within ten(10)days following receipt of a written request from Landlord,Tenant shall execute and deliver to Landlord,without cost,any instrument that Landlord deems reasonably necessary or desirable to confirm the subordination of this Lease. ARTICLE 13-DEFAULT AND REMEDY Section 13.01. Default. The occurrence of any of the following shall be a"Default": (a) Tenant fails to pay any Monthly Rental Installments or Additional Rent(i)within five(5) days following written notice from Landlord on the first occasion in any twelve(12)month period,or(ii) within five(5)days after the same is due on any subsequent occasion within said twelve(12)month period. Tenant hereby expressly waives any additional notice required under§83.20 of the Florida Statutes. (b) Tenant fails to perform or observe any other term,condition,covenant or obligation required under this Lease for a period of thirty(30)days after written notice thereof from Landlord; provided,however,that if the nature of Tenant's default is such that more than thirty(30) days are reasonably required to cure,then such default shall be deemed to have been cured if Tenant commences such performance within said thirty(30)day period and thereafter diligently completes the required action within a reasonable time. 14 Page 290 of 972 (c) Tenant shall vacate or abandon the Leased Premises,or fail to occupy the Leased Premises or any substantial portion thereof for a period of thirty(30)days. (d) Tenant shall assign or sublet all or a portion of the Leased Premises in contravention of the provisions of Article 11 of this Lease. (e) All or substantially all of Tenant's assets in the Leased Premises or Tenant's interest in this Lease are attached or levied under execution(and Tenant does not discharge the same within sixty (60)days thereafter);a petition in bankruptcy,insolvency or for reorganization or arrangement is filed by or against Tenant(and Tenant fails to secure a stay or discharge thereof within sixty(60)days thereafter); Tenant is insolvent and unable to pay its debts as they become due;Tenant makes a general assignment for the benefit of creditors;Tenant takes the benefit of any insolvency action or law;the appointment of a receiver or trustee in bankruptcy for Tenant or its assets if such receivership has not been vacated or set aside within thirty(30)days thereafter;or,dissolution or other termination of Tenant's corporate charter if Tenant is a corporation. In addition to the defaults described above,the parties agree that if Tenant receives written notice of a violation of the performance of any(but not necessarily the same)term or condition of this Lease three (3)or more times during any twelve(12)month period,regardless of whether such violations are ultimately cured,then such conduct shall,at Landlord's option,represent a separate Default. Section 13.02. Remedies. Upon the occurrence of any Default,Landlord shall have the following rights and remedies,in addition to those stated elsewhere in this Lease and those allowed by law or in equity,any one or more of which may be exercised without further notice to Tenant: (a) Landlord may re-enter the Leased Premises and cure any Default of Tenant,and Tenant shall reimburse Landlord as Additional Rent for any costs and expenses that Landlord thereby incurs;and Landlord shall not be liable to Tenant for any loss or damage that Tenant may sustain by reason of Landlord's action. (b) Landlord may terminate this Lease by giving Tenant notice of termination,in which event this Lease shall expire and terminate on the date specified in such notice of termination and all rights of Tenant under this Lease and in and to the Leased Premises shall terminate. Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination,and Tenant shall surrender the Leased Premises to Landlord on the date specified in such notice. Furthermore,Tenant shall be liable to Landlord for the unamortized balance of any leasehold improvement allowance and brokerage fees paid in connection with the Lease. (c) Without terminating this Lease,Landlord may terminate Tenant's right to possession of the Leased Premises,and thereafter,neither Tenant nor any person claiming under or through Tenant shall be entitled to possession of the Leased Premises. In such event,Tenant shall immediately surrender the Leased Premises to Landlord,and Landlord may re-enter the Leased Premises and dispossess Tenant and any other occupants of the Leased Premises by any lawful means and may remove their effects, without prejudice to any other remedy that Landlord may have. Upon termination of possession, Landlord may re-let all or any part thereof as the agent of Tenant for a term different from that which would otherwise have constituted the balance of the Lease Term and for rent and on terms and conditions different from those contained herein,whereupon Tenant shall be immediately obligated to pay to Landlord an amount equal to(i)the difference between the rent provided for herein and that provided for in any lease covering a subsequent re-letting of the Leased Premises,for the period which would otherwise have constituted the balance of the Lease Term had this Lease not been terminated(said period being referred to herein as the"Remaining Term"), (ii)the costs of recovering possession of the Leased 15 Page 291 of 972 Premises and all other expenses,loss or damage incurred by Landlord by reason of Tenant's Default ("Default Damages"),which shall include,without limitation, expenses of preparing the Leased Premises for re-letting,demolition,repairs,tenant finish improvements,brokers'commissions and attorneys'fees, and(iii)all unpaid Minimum Annual Rent and Additional Rent that accrued prior to the date of termination of possession,plus any interest and late fees due hereunder(the"Prior Obligations"). Neither the filing of any dispossessory proceeding nor an eviction of personalty in the Leased Premises shall be deemed to terminate the Lease. (d) Landlord may terminate this Lease and recover from Tenant all damages Landlord may incur by reason of Tenant's default,including,without limitation,an amount which,at the date of such termination is equal to the sum of the following: (i)the value of the excess,if any,discounted at the prime rate of interest(as reported in the Wall Street Journao,of(A)the Minimum Annual Rent, Additional Rent and all other sums that would have been payable hereunder by Tenant for the Remaining Tenn,less(B)the aggregate reasonable rental value of the Leased Premises for the Remaining Term,as determined by a real estate broker licensed in the State of Florida who has at least ten(10)years of experience,(ii)all of Landlord's Default Damages,and(iii)all Prior Obligations. Landlord and Tenant acknowledge and agree that the payment of the amount set forth in clause(i)above shall not be deemed a penalty,but shall merely constitute payment of liquidated damages,it being understood that actual damages to Landlord are extremely difficult,if not impossible,to ascertain. It is expressly agreed and understood that all of Tenant's liabilities and obligations set forth in this subsection(d)shall survive termination. (e) With or without terminating this Lease,Landlord may declare immediately due and payable the sum of the following: (i)the present value(discounted at the prime rate of interest,as reported in the Wall Street Journal)of all Minimum Annual Rent and Additional Rent due and coming due under this Lease for the entire Remaining Term(as if by the terms of this Lease they were payable in advance),(ii)all Default Damages,and(iii)all Prior Obligations,whereupon Tenant shall be obligated to pay the same to Landlord;provided,however,that such payment shall not be deemed a penalty or liquidated damages,but shall merely constitute payment in advance of all Minimum Annual Rent and Additional Rent payable hereunder throughout the Remaining Tern,and provided fiuther,however,that upon Landlord receiving such payment,Tenant shall be entitled to receive from Landlord all rents received by Landlord from other assignees,tenant and subtenants on account of said Leased Premises during the Remaining Term(but only to the extent that the monies to which Tenant shall so become entitled do not exceed the entire amount actually paid by Tenant to Landlord pursuant to this subsection (e)),less all Default Damages of Landlord incurred but not yet reimbursed by Tenant. (f) Landlord may sue for injunctive relief or to recover damages for any loss resulting from the Default. Section 13.03. Landlord's Default and Tenant's Remedies. Landlord shall be in default if it fails to perform any term,condition,covenant or obligation required under this Lease for a period of thirty(30) days after written notice thereof from Tenant to Landlord;provided,however,that if the term,condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty(30)days,such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default,Tenant may sue for injunctive relief or to recover damages for any loss directly resulting from the breach,but Tenant shall not be entitled to terminate this Lease or withhold,offset or abate any sums due hereunder. In no event,however,shall Landlord be liable to Tenant for any consequential or punitive damages. 1 Page 292 of 972 Section 13.04. Limitation of Landlord's Liability. If Landlord shall fail to perform any term, condition,covenant or obligation required to be performed by it under this Lease and if Tenant shall,as a consequence thereof,recover a money judgment against Landlord,Tenant agrees that it shall look solely to Landlord's right,title and interest in and to the Building for the collection of such judgment;and Tenant further agrees that no other assets of Landlord shall be subject to levy,execution or other process for the satisfaction of Tenant's judgment. Section 13.05. Nonwaiver of Defaults. Neither party's failure or delay in exercising any of its rights or remedies or other provisions of this Lease shall constitute a waiver thereof or affect its right thereafter to exercise or enforce such right or remedy or other provision. No waiver of any default shall be deemed to be a waiver of any other default. Landlord's receipt of less than the full rent due shall not be construed to be other than a payment on account of rent then due,nor shall any statement on Tenant's check or any letter accompanying Tenant's check be deemed an accord and satisfaction. No act or omission by Landlord or its employees or agents during the Lease Term shall be deemed an acceptance of a surrender of the Leased Premises,and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord. Section 13.06. Attorneys'Fees. If either party defaults in the performance or observance of any of the terms,conditions,covenants or obligations contained in this Lease and the non-defaulting party obtains a judgment against the defaulting party,then the defaulting party agrees to reimburse the non- defaulting party for reasonable attorneys'fees incurred in connection therewith. In addition, if a monetary Default shall occur and Landlord engages outside counsel to exercise its remedies hereunder,and then Tenant cures such monetary Default,Tenant shall pay to Landlord,on demand,all expenses incurred by Landlord as a result thereof,including reasonable attorneys'fees,court costs and expenses actually incurred. ARTICLE 14-LANDLORD'S RIGHT TO RELOCATE TENANT INTENTIONALLY OMITTED. ARTICLE 15-TENANT'S RESPONSIBILITY REGARDING ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES Section 15.01. Environmental Definitions. (a) "Environmental Laws" shall mean all present or future federal,state and municipal laws, ordinances,rules and regulations applicable to the environmental and ecological condition of the Leased Premises,and the rules and regulations of the Federal Environmental Protection Agency and any other federal,state or municipal agency or governmental board or entity having jurisdiction over the Leased Premises. (b) "Hazardous Substances" shall mean those substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances" "solid waste"or"infectious waste" under Environmental Laws and petroleum products. Section 15.02. Restrictions on Tenant. Tenant shall not cause or permit the use,generation, release,manufacture,refining,production,processing,storage or disposal of any Hazardous Substances on,under or about the Leased Premises,or the transportation to or from the Leased Premises of any Hazardous Substances,except as necessary and appropriate for its Permitted Use in which case the use, storage or disposal of such Hazardous Substances shall be performed in compliance with the Environmental Laws and the highest standards prevailing in the industry. 17 Page 293 of 972 Section 15.03. Notices,Affidavits,Etc. Tenant shall immediately(a)notify Landlord of(i)any violation by Tenant,its employees,agents,representatives,customers,invitees or contractors of any Environmental Laws on,under or about the Leased Premises,or(ii)the presence or suspected presence of any Hazardous Substances on,under or about the Leased Premises,and(b)deliver to Landlord any notice received by Tenant relating to(a)(i)and(a)(ii)above from any source. Tenant shall execute affidavits, representations and the like within five(5)days of Landlord's request therefor concerning Tenant's best knowledge and belief regarding the presence of any Hazardous Substances on,under or about the Leased Premises. Section 15.04. Tenant's Indemnification. Tenant shall indemnify Landlord and Landlord's managing agent from any and all claims, losses,liabilities,costs,expenses and damages,including attorneys'fees,costs of testing and remediation costs,incurred by Landlord in connection with any breach by Tenant of its obligations under this Article 15. The covenants and obligations under this Article 15 shall survive the expiration or earlier termination of this Lease. Section 15.05. Existing Conditions. Notwithstanding anything contained in this Article 15 to the contrary,Tenant shall not have any liability to Landlord under this Article 15 resulting from any conditions existing,or events occurring,or any Hazardous Substances existing or generated,at,in,on, under or in connection with the Leased Premises prior to the Commencement Date of this Lease(or any earlier occupancy of the Leased Premises by Tenant)except to the extent Tenant exacerbates the same. Section 15.06. Landlord's Indemnity. Landlord hereby agrees to indemnify Tenant and hold Tenant harmless from and against any clean-up costs,remedial costs,preventative costs,and/or any governmental fees,costs,expenses,charges or the like arising from any presence of any Hazardous Substances upon or within the Leased Premises which were caused by Landlord,its agents,employees or contractors. Nothing in this Section 15.06 shall be interpreted as imposing any liability on Landlord for any other costs or expenses incurred by Tenant including any lost sales or profits of Tenant resulting from any such presence. The covenants and obligations under this Article 15 shall survive the expiration or earlier termination of this Lease. ARTICLE 16-MISCELLANEOUS Section 16.01. Benefit of Landlord and Tenant. This Lease shall inure to the benefit of and be binding upon Landlord and Tenant and their respective successors and assigns. Section 16.02. Governing Law. This Lease shall be governed in accordance with the laws of the State where the Building is located. Section 16.03. Force Majeure. Landlord and Tenant(except with respect to the payment of any monetary obligation)shall be excused for the period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes beyond its control,including but not limited to work stoppages,boycotts,slowdowns or strikes;shortages of materials,equipment,labor or energy;unusual weather conditions;or acts or omissions of governmental or political bodies. Section 16.04. Examination of Lease. Submission of this instrument by Landlord to Tenant for examination or signature does not constitute an offer by Landlord to lease the Leased Premises. This Lease shall become effective,if at all,only upon the execution by and delivery to both Landlord and Tenant. Execution and delivery of this Lease by Tenant to Landlord constitutes an offer to lease the Leased Premises on the terms contained herein. 18 Page 294 of 972 Section 16.05. Indemnification for Leasing Commissions. The parties hereby represent and warrant that the only real estate brokers involved in the negotiation and execution of this Lease are the Brokers and that no other party is entitled,as a result of the actions of the respective party, to a commission or other fee resulting from the execution of this Lease. Each party shall indemnify the other from any and all liability for the breach of this representation and warranty on its part and shall pay any compensation to any other broker or person who may be entitled thereto. Landlord shall pay any commissions due Brokers based on this Lease pursuant to separate agreements between Landlord and Brokers. Section 16.06. Notices. Any notice required or permitted to be given under this Lease or by law shall be deemed to have been given if it is written and delivered in person or by overnight courier or mailed by certified mail,postage prepaid,to the party who is to receive such notice at the address specified in Section 1.01(1). If sent by overnight courier,the notice shall be deemed to have been given one(1) day after sending. If mailed,the notice shall be deemed to have been given on the date that is three(3)business days following mailing. Either party may change its address by giving written notice thereof to the other party. Section 16.07. Partial Invalidity;Complete Agreement. If any provision of this Lease shall be held to be invalid,void or unenforceable,the remaining provisions shall remain in full force and effect. This Lease represents the entire agreement between Landlord and Tenant covering everything agreed upon or understood in this transaction. There are no oral promises,conditions,representations, understandings,interpretations or terms of any kind as conditions or inducements to the execution hereof or in effect between the parties. No change or addition shall be made to this Lease except by a written agreement executed by Landlord and Tenant. Section 16.08. Financial Statements. During the Lease Term and any extensions thereof,Tenant shall provide to Landlord on an annual basis,within ninety(90)days following the end of Tenant's fiscal year,a copy of Tenant's most recent financial statements prepared as of the end of Tenant's fiscal year. Such financial statements shall be signed by Tenant or an officer of Tenant,if applicable,who shall attest to the truth and accuracy of the information set forth in such statements,or if the Minimum Annual Rent hereunder exceeds $100,000.00,said statements shall be certified and,if available,audited. All financial statements provided by Tenant to Landlord hereunder shall be prepared in conformity with generally accepted accounting principles,consistently applied. Section 16.09. Representations and Warranties. (a) Tenant hereby represents and warrants that(i)Tenant is duly organized,validly existing and in good standing(if applicable)in accordance with the laws of the State under which it was organized;(ii)Tenant is authorized to do business in the State where the Building is located; and(iii)the individual(s)executing and delivering this Lease on behalf of Tenant has been properly authorized to do so,and such execution and delivery shall bind Tenant to its terms. (b) Landlord hereby represents and warrants that(i)Landlord is duly organized,validly existing and in good standing(if applicable)in accordance with the laws of the State under which it was organized;(ii)Landlord is authorized to do business in the State where the Building is located;and(iii) the individual(s)executing and delivering this Lease on behalf of Landlord has been properly authorized to do so,and such execution and delivery shall bind Landlord to its terms. Section 16.10. Signage. Tenant may,at its own expense,erect a sign concerning the business of Tenant that shall be in keeping with the decor and other signs on the Building. All signage(including the signage described in the preceding sentence)in or about the Leased Premises shall be first approved by 19 Page 295 of 972 Landlord and shall be in compliance with any codes and recorded restrictions applicable to the sign or the Building. The location,size and style of all signs shall be approved by Landlord. Tenant agrees to maintain any sign in good state of repair,and upon expiration of the Lease Term,Tenant agrees to promptly remove such signs and repair any damage to the Leased Premises. Section 16.11. Parking. Tenant shall be entitled to the non-exclusive use of the parking spaces designated for the Building by Landlord. Tenant agrees not to overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right in its absolute discretion to determine whether parking facilities are becoming crowded and,in such event,to allocate parking spaces between Tenant and other tenants. There will be no assigned parking unless Landlord,in its sole discretion,deems such assigned parking advisable. No vehicle may be repaired or serviced in the parking area and any vehicle brought into the parking area by Tenant,or any of Tenant's employees,contractors or invitees,and deemed abandoned by Landlord will be towed and all costs thereof shall be borne by Tenant. All driveways,ingress and egress,and all parking spaces are for the joint use of all tenants. There shall be no parking permitted on any of the streets or roadways located within the Park. In addition,Tenant agrees that its employees will not park in the spaces designated visitor parking. Section 16.12. Consent or Approval. Where the consent or approval of a party is required,such consent or approval will not be unreasonably withheld,conditioned or delayed. Section 16.13. Time. Time is of the essence of each term and provision of this Lease. Section 16.14. Patriot Act. Each of Landlord and Tenant,each as to itself,hereby represents its compliance and its agreement to continue to comply with all applicable anti-money laundering laws, including,without limitation,the USA Patriot Act,and the laws administered by the United States Treasury Department's Office of Foreign Assets Control,including,without limitation,Executive Order 13224("Executive Order"). Each of Landlord and Tenant further represents(such representation to be true throughout the Lease Term)(a)that it is not,and it is not owned or controlled directly or indirectly by any person or entity,on the SDN List published by the United States Treasury Department's Office of Foreign Assets Control and(b)that it is not a person otherwise identified by government or legal authority as a person with whom a U.S.Person is prohibited from transacting business. As of the date hereof,a list of such designations and the text of the Executive Order are published under the website address www.ustreas.gov/offices/enforcement/ofac. Section 16.15. Radon Gas. 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 county public health unit. ARTICLE 17-SPECIAL STIPULATIONS Section 17.01. Option to Extend. (a) Grant and Exercise of Option. Provided that(i)no default has occurred and is then continuing,(ii)the creditworthiness of Tenant is then reasonably acceptable to Landlord,and(iii)Tenant originally named herein remains in possession of and has been continuously operating in the entire Leased Premises throughout the Lease Term,Tenant shall have one(1)option to extend the Lease Term for one(1)additional period of five(5)years(the"Extension Term"). The Extension Term shall be upon the same terms and conditions contained in the Lease except(x)Tenant shall not have any further option to extend,(y)any improvement allowances or other concessions applicable to the Leased Premises under 20 Page 296 of 972 the Lease shall not apply to the Extension Term,and(z)the Minimum Annual Rent shall be adjusted as set forth herein("Rent Adjustment"). Tenant shall exercise such option by delivering to Landlord,no later than one hundred eighty(180)days prior to the expiration of the current Lease Term,written notice of Tenant's desire to extend the Lease Term. Tenant's failure to properly exercise such option shall be deemed a waiver of such option. If Tenant properly exercises its option to extend,Landlord shall notify Tenant of the Rent Adjustment no later than ninety(90)days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within five(5)business days after receipt thereof. If Tenant properly exercises its option to extend,Landlord and Tenant shall execute an amendment to the Lease(or,at Landlord's option,a new lease on the form then in use for the Building)reflecting the terms and conditions of the Extension Term within thirty(30)days after Tenant's acceptance(or deemed acceptance)of the Rent Adjustment. (b) Rent Adjustment. The Minimum Annual Rent for the Extension Term shall be an amount equal to the Minimum Annual Rent then being quoted by Landlord to prospective renewing tenants of the Building for space of comparable size and quality and with similar or equivalent improvements as are found in the Building,and if none,then in similar buildings in the vicinity;provided, however,that in no event shall the Minimum Annual Rent during the Extension Term be less than the highest Minimum Annual Rent payable during the immediately preceding term. The Monthly Rental Installments shall be an amount equal to one-twelfth(1/12)of the Minimum Annual Rent for the Extension Term and shall be paid at the same time and in the same manner as provided in the Lease. Section 17.02. Right of First Offer. (a) Provided that(i)no default has occurred and is then continuing,(ii)the creditworthiness of Tenant is then reasonably acceptable to Landlord,and(iii)Tenant originally named herein remains in possession of and has been continuously operating in the entire Leased Premises throughout the Lease Term,and subject to any rights of other tenants to the Offer Space(as defined herein)and Landlord's right to renew or extend the lease term of any other tenant with respect to the portion of the Offer Space now or hereafter leased by such other tenant,Landlord shall,before entering into a lease with a third party for the space located in the Building shown on the attached Exhibit E(the"Offer Space"),notify Tenant in writing of the availability of the Offer Space for leasing and setting forth the terms and conditions upon which Landlord is willing to lease the Offer Space to Tenant("Landlord's Notice"). Tenant shall have five(5)business days from its receipt of Landlord's Notice to deliver to Landlord a written notice agreeing to lease the Offer Space on the terms and conditions contained in Landlord's Notice("Tenant's Acceptance"). In the event Tenant fails to deliver Tenant's Acceptance to Landlord within said five(5)- business day period,such failure shall be conclusively deemed a rejection of the Offer Space and a waiver by Tenant of this right of first offer,whereupon Tenant shall have no further rights with respect to the Offer Space and Landlord shall be free to lease the Offer Space to a third party. (b) The term for the Offer Space shall be coterminous with the term for the original Leased Premises;provided,however,that the minimum term for the Offer Space shall be three(3)years and the term for the then existing Leased Premises("Existing Premises")shall be extended,if necessary,to be coterminous with the term for the Offer Space. If the Lease Term for the Existing Premises is extended as provided above,the Minimum Annual Rent for such extension term shall be an amount equal to the Minimum Annual Rent then being quoted by Landlord to prospective renewing tenants of the Building for space of comparable size and quality and with similar or equivalent improvements as are found in the Building,and if none,then in similar buildings in the vicinity;provided,however,that in no event shall the Minimum Annual Rent during such extension term be less than the highest Minimum Annual Rent payable during the immediately preceding term. 21 Page 297 of 972 (c) If Tenant properly exercises its right of first offer,Landlord and Tenant shall enter into an amendment to this Lease adding the Offer Space to the Leased Premises upon the terms and conditions set forth herein and making such other modifications to this Lease as are appropriate under the circumstances. If Tenant shall fail to enter into such amendment within ten(10)days following Tenant's Acceptance,then Landlord may terminate this right of first offer by notifying Tenant in writing,in which event Tenant shall have no further rights with respect to the Offer Space and Landlord shall be free to lease the Offer Space to a third party. Section 17.03. Moving Allowance. Landlord shall pay to Tenant a moving allowance of Thirty Thousand and No/100 Dollars($30,000.00)at such time as all of the following events have occurred: (a) Tenant has taken occupancy of the Leased Premises and has begun operating Tenant's business therein, and(b)Tenant has executed and delivered to Landlord the Letter of Understanding required under Section 6(a)of Exhibit B of this Lease. [SIGNATURES FOLLOW ON NEXT PAGE] 22 Page 298 of 972 IN WITNESS WHEREOF,the parties hereto have executed this Lease as of the day and year first above written. LANDLORD: WITNESSES: DUKE PGC AT QUANTUM 1-9,LLC, a Delaware limited liability company By: Duke Realty Limited Partnership, Printed Name. an Indiana limited partnership,its managing member By: Duke Realty Corporation,an Indiana corporation, its general partner Printed Name:............. By: � ` 1s " 1 Edward P.Mitchell Date of execution: Senior Vice President South Florida Operations TENANT: WITNESS FA SY C IOC RTES, C., a Florida co oration Punted Name: By Name Titl Printed Name: A&a7 `faa Attest: Na Title: - Date of execution: 4 2 Page 299 of 972 EXHIBIT A SITE PLAN OF LEASED PREIVHSES 171-MF r' `leased Premises: N"N", , A,!'�,"� F,. �r „1 t ,s � S Gateway Center-Building 5 Exhibit A Page 1 of 1 Page 300 of 972 EXHIBIT B TENANT IMPROVEMENTS 1. Landlord's Obligations. Tenant has personally inspected the Leased Premises and accepts the same "AS IS"without representation or warranty by Landlord of any kind and with the understanding that Landlord shall have no responsibility with respect thereto,except to construct and install within the Leased Premises,in a good and workmanlike manner,the Tenant Improvements,in accordance with this Exhibit B. 2. Construction Drawings. (a) Phase I CD's. Promptly following the date hereof,Landlord shall prepare and submit to Tenant a set of construction drawings(the"Phase I CD's")covering all work to be performed by Landlord in constructing and installing the Phase I Improvements,which shall be based on the scope of work attached as Exhibit B-1 hereto. Tenant shall have five(5)days after receipt of the Phase I CD's in which to review the Phase I CD's and to give to Landlord written notice of Tenant's approval of the Phase I CD's or its requested changes to the Phase I CD's. Tenant shall have no right to request any changes to the Phase I CD's that would increase the scope of work or materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the Phase I CD's within five(5)days after its receipt thereof,Tenant shall be deemed to have approved the Phase I CD's,and the same shall thereupon be final. If Tenant requests any changes to the Phase I CD's,Landlord shall make those changes which are reasonably requested by Tenant and shall,within ten(10)days of its receipt of such request, submit the revised portion of the Phase I CD's to Tenant. Tenant may not thereafter disapprove the revised portions of the Phase I CD's unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and,subject to the foregoing,the Phase I CD's,as modified by said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the Phase I CD's,and of any revisions thereto,act reasonably and in good faith. Without limiting the foregoing,Tenant agrees to confirm Tenant's consent to the Phase I CD's in writing within three(3)days following Landlord's written request therefor. (b) Phase II CD's. Within ninety(90)days following the date hereof,Landlord shall prepare and submit to Tenant a set of construction drawings(the"Phase II CD's";the Phase I CD's and the Phase II CD's referred to herein,collectively,as the"CD's")covering all work to be performed by Landlord in constructing and installing the Phase II Improvements,which shall be based on the scope of work attached as Exhibit B-2 hereto. Tenant shall have five(5)days after receipt of the Phase II CD's in which to review the Phase II CD's and to give to Landlord written notice of Tenant's approval of the Phase II CD's or its requested changes to the Phase II CD's. Tenant shall have no right to request any changes to the Phase II CD's that would increase the scope of work or materially alter the exterior appearance or basic nature of the Building or the Building systems. If Tenant fails to approve or request changes to the Phase II CD's within five(5)days after its receipt thereof,Tenant shall be deemed to have approved the Phase II CD's,and the same shall thereupon be final. If Tenant requests any changes to the Phase 11 CD's, Landlord shall make those changes which are reasonably requested by Tenant and shall,within ten(10) days of its receipt of such request,submit the revised portion of the Phase II CD's to Tenant. Tenant may not thereafter disapprove the revised portions of the Phase 1I CD's unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and,subject to the foregoing,the Phase 11 CD's,as modified by said revisions,shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the Phase II CD's,and of any revisions thereto,act reasonably and in good faith. Without limiting the foregoing,Tenant agrees to confirm Tenant's consent to the Phase II CD's in writing within three(3)days following Landlord's written request therefor. Exhibit B Pagel of 3 Page 301 of 972 3. Schedule and Early Occupancy. Landlord shall use commercially reasonable speed and diligence to(a)Substantially Complete the Phase I Improvements on or before June 1,2012,and(b) Substantially Complete the Phase II Improvements on or before February 1,2013. Landlord shall provide Tenant with a proposed schedule for the construction and installation of the Tenant Improvements and shall notify Tenant of any material changes to said schedule. Tenant agrees to coordinate with Landlord regarding the installation of Tenant's phone and data wiring and any other trade related fixtures that will need to be installed in the Leased Premises prior to Substantial Completion. In addition, if and to the extent permitted by applicable laws,rules and ordinances,Tenant shall have the right to enter the applicable portion of the Leased Premises for seven(7)days prior to the scheduled date for Substantial Completion(as may be modified from time to time)in order to install fixtures(such as racking)and otherwise prepare the Leased Premises for occupancy,which right shall expressly exclude making any structural modifications. During any such entry,(a)Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay rent,(b)Tenant shall not interfere with Landlord's completion of the Tenant Improvements,(c)Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord's rules of conduct(which Landlord agrees to furnish to Tenant upon request),and(d)Tenant shall not begin operation of its business in the applicable portion of the Leased Premises. Tenant acknowledges that Tenant shall be responsible for obtaining all applicable permits and inspections relating to any such entry by Tenant. 4. Change Orders. Tenant shall have the right to request changes to the CD's at any time following the date hereof by way of written change order(each,a"Change Order",and collectively, "Change Orders"). Provided such Change Order is reasonably acceptable to Landlord,Landlord shall prepare and submit promptly to Tenant a memorandum setting forth the impact on cost and schedule resulting from said Change Order(the"Change Order Memorandum of Agreement"). Tenant shall, within three(3)days following Tenant's receipt of the Change Order Memorandum of Agreement,either (a)execute and return the Change Order Memorandum of Agreement to Landlord,or(b)retract its request for the Change Order. At Landlord's option,Tenant shall pay to Landlord(or Landlord's designee),within ten(10)days following Landlord's request,any increase in the cost to construct the Tenant Improvements resulting from the Change Order,as set forth in the Change Order Memorandum of Agreement. Landlord shall not be obligated to commence any work set forth in a Change Order until such time as Tenant has delivered to Landlord the Change Order Memorandum of Agreement executed by Tenant and, if applicable,Tenant has paid Landlord in full for said Change Order. 5. Tenant Delay. Notwithstanding anything to the contrary contained in the Lease,if Substantial Completion of the Tenant Improvements is delayed beyond the applicable target completion date as a result of Tenant Delay(as hereinafter defined),then, (a)for purposes of determining the Commencement Date,Substantial Completion of the Phase I Improvements shall be deemed to have occurred on the date that Substantial Completion of the Phase I Improvements would have occurred but for such Tenant Delay,and(b)for purposes of determining the Expansion Date,Substantial Completion of the Phase II Improvements shall be deemed to have occurred on the date that Substantial Completion of the Phase II Improvements would have occurred but for such Tenant Delay. Without limiting the foregoing,Landlord shall use commercially reasonable speed and diligence to Substantially Complete the Tenant Improvements on or before the applicable target completion date. 6. Letter of Understanding. (a) Promptly following the Commencement Date,Tenant shall execute Landlord's Letter of Understanding in substantially the form attached hereto as Exhibit C-1 and made a part hereof, acknowledging(a)the Commencement Date of this Lease,and(b)except for any punchlist items,that Landlord has Substantially Completed the Phase I Improvements. If Tenant takes possession of and Exhibit B Page 2 of 3 Page 302 of 972 occupies Phase I,Tenant shall be deemed to have accepted Phase I and that the condition of Phase I and the Building was at the time satisfactory and in conformity with the provisions of this Lease in all respects,subject to any punchlist items. (b) Promptly following the Expansion Date,Tenant shall execute Landlord's Letter of Understanding in substantially the form attached hereto as Exhibit C-2 and made a part hereof, acknowledging(a)the Expansion Date,and(b)except for any punchlist items,that Landlord has Substantially Completed the Phase II Improvements. If Tenant takes possession of and occupies Phase II, Tenant shall be deemed to have accepted Phase II and that the condition of Phase II and the Building was at the time satisfactory and in conformity with the provisions of this Lease in all respects,subject to any punchlist items. 7. Definitions. For purposes of this Lease,(a) "Substantial Completion" (or any grammatical variation thereof)shall mean,with respect to Phase 1,completion of construction of the Phase I Improvements,subject only to punchlist items to be identified by Landlord and Tenant in a joint inspection of Phase I prior to Tenant's occupancy,as established by a certificate of occupancy for Phase I or other similar authorization issued by the appropriate governmental authority, if required, (b) "Substantial Completion" (or any grammatical variation thereof)shall mean,with respect to Phase II, completion of construction of the Phase II Improvements,subject only to punchlist items to be identified by Landlord and Tenant in a joint inspection of Phase II prior to Tenant's occupancy,as established by a certificate of occupancy for Phase II or other similar authorization issued by the appropriate governmental authority, if required,and(c)"Tenant Delay" shall mean any delay in the completion of the Tenant Improvements attributable to Tenant,including,without limitation(i)Tenant's failure to meet any time deadlines specified herein,(ii)Change Orders,(iii)the performance of any other work in the Leased Premises by any person,firm or corporation employed by or on behalf of Tenant,or any failure to complete or delay in completion of such work,(iv)Landlord's inability to obtain an occupancy permit for the Leased Premises because of the need for completion of all or a portion of improvements being installed in the Leased Premises directly by Tenant,and(v)any other act or omission of Tenant. 8. Cooperation. Landlord and Tenant acknowledge that Tenant will be occupying Phase I during the construction of the Phase II Improvements. Tenant further acknowledges and agrees that it will use reasonable efforts to cooperate with Landlord in connection with Landlord's construction and installation of the Phase II Improvements and Landlord's entry into Phase I pursuant thereto. Notwithstanding the foregoing,while constructing and installing the Phase II Improvements,Landlord shall use reasonable efforts not to interfere with Tenant's business operations in Phase I. Exhibit B Page 3 of 3 Page 303 of 972 EXHIBIT B-1 PHASE I SCOPE OF WORK Job: MUsano& net(WILBEA-011) Property GaLmmay Center 5(P 5) Customer- Wffliaffm&Bennett Fine Foods,Inc. 0OMM-Mow1m; MAhm,ad. CMAMM12 ft*d NMv- amb ck- 0M.Mv- XM fts NW; 3q= or r opffino� nawmVim bft.WM f If ad p— 2 PvY6tstQ..m- Z3 amp@ orkam SM MENIKU CcKlaff� PMMffMMMMX3URAW-bUUAL ftg�u p- 5-ft N� I LS CLKE P-1-54--d- 10 W48 ulpo-IF 1 LA Snk R�k—Mt—A-MCI rb-P�M VMk bL.,O I LZ MAC amen C..w 74 a Sr EULTHrAL ZVWnffi C=TkVALzMev5 "MM 5MM0-WUh—.d-4MVM3UM I EA M^Cft- P—ftl2bb.0IVU 3 EA Eznhw4u=lQuemkobc ca I Athwambn ftpldl Exhibit B-1 Page I of 2 Page 304 of 972 Jobe Offiams&Bennet EA-011) Pro y Center 5(P 6005) C er [6ains;S Bennet Fina Foods,Iry 0 %Z Y®fd WW- CO.Btu, Y 4 A9: 34 Asa D.Ow or. mm Amer 6eASftTv : he ml Y r xnmdc. mr.r nb�.a w Yr. » AW rd: Exhibit B-1 Page 2 of 2 Page 305 of 972 EXHIBIT B-2 PHASE 11 SCOPE OF WORK Job: WRiann&Bennett(VVU-BEA-01 1) Property- G4tramy Center 5(P 5) Customer- Willarns&Bennett Few Foods,Inc. Gamwabotm Edh..b Dft cammiz IAM �. J4 L-OUAW* A.W Eq. vj..ft—raw 7z= Tuft powd RequMmumts cm ww"] A.tdbd.d(wd-w v ebmcd)pulblu D-M au p— P— II amps Detaft kv—solAr 1M amm""00YAMMUM OMMIMMMYMMAWMIAMAL ftmmp� B,.&g P� mm ftmrvpet=ci iturr On.fte 10 mm m HM Aftft.bd- ts HM uq�rt w Hn Mcm Ummas I LE w2v D"7' Napa-wo I Le 4r� 71 'Mmmmummramm R.1-ft 9-hM M— k.A W 8 FA D.tk XnYW 0—ftnth dd* 1 EA p.pqd3 Exhibit B-2 Page I of 8 Page 306 of 972 Job: Mains&Bennett -01t) Property: Gateway Center 5(PtMGN5) Customer- lA WgiaTm&Bennett Fine Foods,kmr— GMUMDdMk Lmftr.arft Ra ILII- o-bck— amRr ism L.h.t.,.v —Ka J- Lr .RPM u Cc w�e9: =mm TIO 161:. 34ma Amr or enwrap D.rkaoo. --.TV- seeps orkum kumm AA= MISW3 LV Mat VAUSTII t.—IQd Yi4WMY N4tla Am 1r LT—. 197 LF Ile1ldewl/eeWM Nva O - .fovtr .INY4t I LS w D".d wa Ylk— G.9maRf91 FWt VW47,b,Wd Ta.1.W YW.Nfab, ,A°Ur pe'AWUm 6w t� LF PANT a N ccf"Nm p""A N&I—Im t—Cars GL .. wd WAPASIf. 7.SM 1F ACOWIU-L CCUNa 7tX a my T�w.h,.rtsc rr tnvrwrt.--. __..buc .mlc0.a•o0 X7M E= YTlm�esrR Tba.a9e Nw Lrpfl I,SID EF Creg� Lrxrts dr.Y maOave-ICas•gav.i.�6r nmti ratrkrtinxl $90 By pwrlti€twin °a`wr dV" _- --14 Af c mmh ft.Casa+ ra14fa9 P' --sr "M w s O.arc..ade1®er— V"CawU..n -....Ona Nw i' MM LF h reerELlCle eYN1CY tlarlY^a M tea 6rNkw krL mOta1V®:die eM - lww 7.$� 6f L^ILYQi Owol Wnlaxa—Wme,arm.2SMA I UtK 2 ,MWlk ass s' ,, 1 LS tli�uramal0arcanr- 1-3 1 LS ®rrs -..:61W tiY MtlM1uae Sa .�r.�eaEiF I EA k c NSSTYY C19sIVr C�"9'red- IR1U� 3 TC3est9 para raj RY�a t`�usi NYe IAM OF ..v2dl Exhibit B-2 Page 2 of 8 Page 307 of 972 Jobe VAlfiams&Bennett 11) Pro y Center 5(P 5) Customer Williams Bennatk Fme Foods,Inc- Geowdowaft ora cac=lz ft� x.. �.t Thr °r m soap* S t=T vM% i Na M EA aw®tw E� 10 EA Iar.lA nue - 7 EA II A.d kar 1 EA MAC klsmRTU 2 EA mage AJ I 16 EA ff��4bgMrv ate. 4 EA .s ® ^— 51 EA F..a _m t $ost ftp b zn�nc. dr a�rtsz. .s arse .er .wee. ars Exhibit B-2 Page 3 of 8 Page 308 of 972 EOLuVFur q3 =04"F-W"v nIrMF _MM w,u,R41 Oyu MOMS ARM&�r gyp• — — Y�II9t '�+ coc�•v�wa ism she �a u Lai 0 0 fts o •� rrrzn O . O . a I I r � I M. : I 1 1 l Exhibit B-2 Page 4 of 8 Page 309 of 972 o n r 5 S D 7 6 a RIT71tR RvoH b r O O 0 0 0 II 11 Exhibit B-2 Page 5 of 8 Page 310 of 972 EQUIPAMW � T .L.'�szi.K, Mil l ill" HnF, ""F' C 1 aTlhb WALL 10 WMAlh hLW WALL TRIESCMAk M ►Ya1 riu ri ® W RATED ALE Cn 1 v:, ■ rte. ., iii mit-- i1l1lIMI �. Fns.*ur�-•e Ft,�rIC�"eF ry EDO 0 7 " wFnM p ��� v im a, 14 ' rl= Exhibit B-2 Page 6 of 8 Page 311 of 972 L'" TRIESCHMANN DUMALA PREMER GATEWAY CENTER architectural group BWC 5 ,VVILUAM& BENKETT w=rna*� M.. . . SPACE PLAN +N19f1Z �'� 1[ilYlYOD R� Yq I�w���sw� won m DDDo-- 0Ir p < � er��►; vPrlce orrl:� 0 " � cd. IK-q'xld'd' 13.,.x18'-10• rm 1 F. . e. .r 4I'1'IGC tlPPICL' W CJS _. � IUwII' htaf I , M IEM T F11 0 0 0 Exhibit B-2 Page 7 of 8 Page 312 of 972 �-- 1 i r t tl' %EONPGEM _ 3 71 LOWER MAN 9 Ell Exhibit B-2 Page 8 of 8 Page 313 of 972 EXHIBIT C-1 LETTER OF UNDERSTANDING Duke PGC at Quantum 1-9,LLC c/o Duke Realty Corporation Attn.: South Florida Market—V.P.,Asset Mgmt.&Customer Service 2400 North Commerce Parkway, Suite 405 Weston,FL 33326 RE: Lease between Duke PGC at Quantum 1-9,LLC,a Delaware limited liability company ("Landlord")and Fantasy Chocolates,Inc.,a Florida corporation("Tenant"),dated ,2012(the"Lease")for the premises located at 2045 High Ridge Road,Boynton Beach,Florida 33426(the"Leased Premises"),within Gateway Center Dear The undersigned,on behalf of Tenant,certifies to Landlord as follows: 1. The Commencement Date under the Lease is 2. The Lease(including amendments or guaranty,if any)is the entire agreement between Landlord and Tenant as to the leasing of the Leased Premises and is in full force and effect. 3. Landlord has completed the Phase I Improvements designated as Landlord's obligation under the Lease(excluding punchlist items as agreed upon by Landlord and Tenant),if any,and Tenant has accepted Phase I as of the Commencement Date. 4. To the best of the undersigned's knowledge,there are no uncured events of default by either Tenant or Landlord under the Lease. IN WITNESS WHEREOF,the undersigned has caused this Letter of Understanding to be executed this day of_______ ,20 TENANT: FANTASY CHOCOLATES,INC.,a Florida corporation By: Name: Title: [Exhibit—Not to be executed] Exhibit C-1 Page 1 of 1 Page 314 of 972 EXHIBIT C-2 LETTER OF UNDERSTANDING Duke PGC at Quantum 1-9,LLC c/o Duke Realty Corporation Attn.: South Florida Market—V.P.,Asset Mgmt. &Customer Service 2400 North Commerce Parkway,Suite 405 Weston,FL 33326 RE: Lease between Duke PGC at Quantum 1-9,LLC,a Delaware limited liability company ("Landlord")and Fantasy Chocolates,Inc.,a Florida corporation("Tenant"),dated ,2012 (the"Lease")for the premises located at 2045 High Ridge Road,Boynton Beach,Florida 33426(the"Leased Premises"),within Gateway Center Dear The undersigned,on behalf of Tenant,certifies to Landlord as follows: 1. The Expansion Date under the Lease is 2. The Expiration Date of the Lease is 3. The Lease(including amendments or guaranty,if any)is the entire agreement between Landlord and Tenant as to the leasing of the Leased Premises and is in full force and effect. 4. Landlord has completed the Phase II Improvements designated as Landlord's obligation under the Lease(excluding punchlist items as agreed upon by Landlord and Tenant),if any, and Tenant has accepted Phase II as of the Expansion Date. 5. To the best of the undersigned's knowledge,there are no uncured events of default by either Tenant or Landlord under the Lease. IN WITNESS WHEREOF,the undersigned has caused this Letter of Understanding to be executed this day of ___ _,20 . TENANT: FANTASY CHOCOLATES,INC.,a Florida corporation By: Name: Title: [Exhibit—Not to be executed] Exhibit C-2 Page I of I Page 315 of 972 EXHIBIT D RULES AND REGULATIONS 1. The sidewalks,entrances,driveways and roadways serving and adjacent to the Leased Premises shall not be obstructed or used for any purpose other than ingress and egress. Landlord shall control the Common Areas. 2. No awnings or other projections shall be attached to the outside walls of the Building. No curtains,blinds,shades or screens shall be attached to or hung in,or used in connection with,any window or door of the Leased Premises other than Landlord standard window coverings without Landlord's prior written approval. All electric ceiling fixtures hung in offices or spaces along the perimeter of the Building must be fluorescent,of a quality,type,design and tube color approved by Landlord. Neither the interior nor the exterior of any windows shall be coated or otherwise sunscreened without written consent of Landlord. 3. No sign,advertisement,notice or handbill shall be exhibited,distributed,painted or affixed by any tenant on,about or from any part of the Leased Premises,the Building or in the Common Areas including the parking area without the prior written consent of Landlord. In the event of the violation of the foregoing by any tenant,Landlord may remove or stop same without any liability,and may charge the expense incurred in such removal or stopping to tenant. 4. The sinks and toilets and other plumbing fixtures shall not be used for any purpose other than those for which they were constructed,and no sweepings,rubbish,rags,or other substances shall be thrown therein. All damages resulting from any misuse of the fixtures shall be borne by the tenant who, or whose subtenants,assignees or any of their servants,employees,agents,visitors or licensees shall have caused the same. 5. No boring,cutting or stringing of wires or laying of any floor coverings shall be permitted,except with the prior written consent of Landlord and as Landlord may direct. Landlord shall direct electricians as to where and how telephone or data cabling are to be introduced. The location of telephones,call boxes and other office equipment affixed to the Leased Premises shall be subject to the approval of Landlord. 6. No bicycles,vehicles,birds or animals of any kind(except seeing eye dogs)shall be brought into or kept in or about the Leased Premises, and no cooking shall be done or permitted by any tenant on the Leased Premises,except microwave cooking,and the preparation of coffee,tea,hot chocolate and similar items for tenants and their employees. Except as expressly set forth in the Permitted Use,no tenant shall cause or permit any unusual or objectionable odors to be produced in or permeate from the Leased Premises. 7. The Leased Premises shall not be used for manufacturing,unless such use conforms to the zoning applicable to the area. No tenant shall occupy or permit any portion of the Leased Premises to be occupied as an office for the manufacture or sale of liquor,narcotics,or tobacco in any form,or as a medical office,or as a barber or manicure shop,or a dance,exercise or music studio,or any type of school or daycare or copy,photographic or print shop or an employment bureau without the express written consent of Landlord. The Leased Premises shall not be used for lodging or sleeping or for any immoral or illegal purpose. 8. No tenant shall make,or permit to be made any unseemly,excessive or disturbing noises or disturb or interfere with occupants of this or neighboring buildings or premises or those having Exhibit D Page 1 of 3 Page 316 of 972 business with them,whether by the use of any musical instrument,radio,phonograph,unusual noise,or in any other way. No tenant shall throw anything out of doors,windows or down the passageways. 9. No tenant,subtenant or assignee nor any of its servants,employees,agents,visitors or licensees,shall at any time bring or keep upon the Leased Premises any flammable,combustible or explosive fluid,chemical or substance or firearm. 10. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by any tenant,nor shall any changes be made to existing locks or the mechanism thereof. Each tenant must upon the termination of its tenancy,restore to Landlord all keys of doors,offices,and toilet rooms,either furnished to,or otherwise procured by,such tenant and in the event of the loss of keys so furnished,such tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such changes. 11. No tenant shall overload the floors of the Leased Premises. All damage to the floor, structure or foundation of the Building due to improper positioning of storage items or materials shall be repaired by Landlord at the sole cost and expense of tenant,who shall reimburse Landlord immediately therefor upon demand. 12. Each tenant shall be responsible for all persons entering the Building at tenant's invitation,express or implied. Landlord shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. In case of an invasion,mob riot,public excitement or other circumstances rendering such action advisable in Landlord's opinion,Landlord reserves the right without any abatement of rent to require all persons to vacate the Building and to prevent access to the Building during the continuance of the same for the safety of the tenants and the protection of the Building and the property in the Building. 13. Canvassing,soliciting and peddling in the Building are prohibited,and each tenant shall report and otherwise cooperate to prevent the same. 14. All equipment of any electrical or mechanical nature shall be placed by tenant in the Leased Premises in settings that will,to the maximum extent possible,absorb or prevent any vibration, noise and annoyance. 15. There shall not be used in any space,either by any tenant or others,any hand trucks except those equipped with rubber tires and rubber side guards. 16. The scheduling of tenant move-ins shall be before or after normal business hours and on weekends,subject to the reasonable discretion of Landlord. 17. The Building is a smoke-free Building. Smoking is strictly prohibited within the Building. Smoking shall only be allowed in areas designated as a smoking area by Landlord. Tenant and its employees,representatives,contractors or invitees shall not smoke within the Building or throw cigar or cigarette butts or other substances or litter of any kind in or about the Building,except in receptacles for that purpose. Landlord may,at its sole discretion,impose a charge against monthly rent of$50.00 per violation by tenant or any of its employees,representatives,contractors or invitees, of this smoking policy. 18. Tenants will insure that all doors are securely locked,and water faucets,electric lights and electric machinery are turned off before leaving the Building. Exhibit D Page 2 of 3 Page 317 of 972 19 Tenant,its employees,customers,invitees and guests shall,when using the parking facilities in and around the Building,observe and obey all signs regarding fire lanes and no-parking and driving speed zones and designated handicapped and visitor spaces,and when parking always park between the designated lines. Landlord reserves the right to tow away,at the expense of the owner,any vehicle which is improperly parked or parked in a no-parking zone or in a designated handicapped area, and any vehicle which is left in any parking lot in violation of the foregoing regulation. All vehicles shall be parked at the sole risk of the owner,and Landlord assumes no responsibility for any damage to or loss of vehicles. 20. Tenant shall be responsible for and cause the proper disposal of medical waste,including hypodermic needles,created by its employees. 21. No outside storage is permitted including without limitation the storage of trucks and other vehicles. 22. No tenant shall be allowed to conduct an auction from the Leased Premises without the prior written consent of Landlord. It is Landlord's desire to maintain in the Building and Common Areas the highest standard of dignity and good taste consistent with comfort and convenience for tenants. Any action or condition not meeting this high standard should be reported directly to Landlord. Landlord reserves the right to make such other and further rules and regulations as in its judgment may from time to time be necessary for the safety,care and cleanliness of the Building and Common Areas,and for the preservation of good order therein. Exhibit D Page 3 of 3 Page 318 of 972 EXHIBIT E OFFER SPACE rrm �ti s95 ftl tic �f tti �-��ili ori sal t<<�� i 1 i. (it sr;tis ��r rts�r hti �4i l( � . r Gateway Center-Building 5 Exhibit D Page 1 of 3 Page 319 of 972 6.E. CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Approve the issuance of an annual blanket purchase order to South Florida Emergency Vehicles for an estimated annual expenditure of$75,000. South Florida Emergency Vehicles is the sole source authorized dealer and repair center for Fire Engine and Ladder units. EXPLANATION OF REQUEST: Time Period: October 1, 2019- September 30, 2020 This vendor is a Sole Source that provides service and support for Fire Engine and Ladder units in Fleet. They are the only authorized OEM and warranty center. We are requesting an annual expenditure of $75,000 effective through September 30, 2020. (Attached Sole Source Letter) Previous year's expenditures: FY 18/19 $26,861.90 to date with pending invoices FY 17/18 $24,631 FY 16/17 $33,390 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as the Solid Waste Division and Fire Rescue. FISCAL IMPACT: Budgeted Funding is budgeted for repairs in the FY19/20 through the 501-5000-590-09- 82 charge back account. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 320 of 972 CONTRACTS VENDOR NAME: South Florida Emergency Vehicles START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Sole Source Letter S FIL Emergency Vehicles® Sole Source Page 321 of 972 l 0# f rm � FAMILY OWNED SUTPHEN SINCE 1890 August 28th, 2019 Adrianna Greco-Arencibia City of Boynton Beach Public Works 222 NE 9th Avenue Boynton Beach, FL 33435 RE: Factory Authorized Parts and Service in Florida Dear Ms. Greco-Arencibia, This letter is to advise you that South Florida Emergency Vehicles is the only authorized distribution source for providing authentic replacement parts and performing warranty work on your Sutphen Fire Trucks for the state of Florida. Furthermore, South Florida Emergency Vehicles has the only factory trained technicians qualified to carry out service repairs to ensure warranties remain intact. If you have any questions or concerns, please let me know. Best Regards, Justin Howell Sales Territory Manager (South East territory) Sutphen Corporation PO Box 158 A lin, OH 43002-0158 6450 Eiterman Road a Dublin, OH 43016-8711 Tel 614 339-1005 « `boll Free 600 848-5860 614 889-0374 ®s t ®ccsm * Sutphen@sutphencorp.com Page 322 of 972 6.F. CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities as described in the written report for September 17, 2019- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM IXOM Watercare, Utilities using existing Piggybacking Palm September 18, $52,950 Inc. Palm Beach County Beach County, FL 2019 thru contract with IXOM Sole Source September 17, Watercare, Inc. for Solicitation 2020 MI EX System SS555443A Support services. Tanner Industries Anhydrous ammonia Piggybacking City of October 1, 2019 $40,000 Annual Inc. to the Utilities Stuart Bid No. ITB thru September Estimate Department on an "as- No. 2019-100 30, 2020 needed" basis Tri-County Mobile Washing of trucks and Piggybacking the October 1, 2019 $80,000 Annual Wash, Inc. DBA engines City of Deerfield thru September Estimate Superior Wash Contract#2016- 30, 2020 17/21. ULTIMATE Snack bar 056-2710-16/J MA November 1, N/A BAKERY AND concessionaire at 2019 thru PASTRY Oceanfront Park. October 31, 2020 ULTIMATE Restaurant 061-2910-15/J MA November 3, N/A BAKERY AND concessionaire at the 2019 thru PASTRY links November 2, 2020 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that renewed/extended with the same terms and Page 323 of 972 conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Budgeted funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Signed Renewal Interest Letter- Tanner I ndustries D Addendum Stuart Renewal Letter-ANHYDROUS AMMONIA D Addendum Deerfield Renewal - Superior Wash D Addendum Signed Renewal Interest Letter- Superior Wash D Addendum SIGNED- LINKS CONCESSIONAIRE - Renewal Interest Letter D Addendum PBC Renewal Letter - IXOM MIEX SYSTEM SUPPORT D Addendum Signed Renewal Letter- I XOM MI EX SYE M SUPPORT D Addendum Signed ULTIMATE BAKERY Renewal letter Ocean Front Park D Addendum REQUEST FOR BID EXTENSIONS 9-17-19 RW Page 324 of 972 The City o Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX. (561)742-6316 August 28, 2019 Tanner Industries, Inc. Attn: Mr. Greg W. Tanner, VP 735 Davisville Road Southampton, PA 18965 VIA EMAIL TRANSMITTAL TO: salese tannennd.com BID: PIGGYBACK OF CITY OF STUART— ANHYDROUS AMMONIA, ANNUAL SUPPLY BID No.: 2019-100 CURRENT TERM: OCTOBER 1,2018 THRU SEPTEMBER 30, 2019 Dear Mr. Tanner: The current bid term for the"ANHYDROUS AMMONIA, ANNUAL SUPPLY' awarded to Tanner Industries, Inc. expires September 30, 2019. We have been very happy with Tanner Industries service. We have been notified that you have renewed the original agreement with the City of Stuart and we would like to extend the bid ourselves for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmere@bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Buyer at(561) 742-6318. Sincerely, _ ,Q Tim W. Howard Assistant City Manager-Administration cc: Juan Guevarez, Manager, Water Quality&Treatment, Boynton Beach Utilities Melissa Roberts, Administrative Assistant, Boynton Beach Utilities File Page 325 of 972 America's Gateway to the Gulf Stream The City of Bo nto Bea-ch Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 August 28, 2019 BID: PIGGYBACK OF CITY OF STUART— ANHYDROUS AMMONIA, ANNUAL SUPPLY BID No.: 2019-100 Agreement between the City of Boynton Beach and TANNER INDUSTRIES: PROPOSAL RENEWAL 1, 2019 THRU SEPTEMBER 30, 2020 Yes, I agree to renew the existing bid under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) TANNER INDUSTRIES ��� NAME OF COMPANY SIGNATUR s _ NAME OF REPRESENTATIVE TITLE (please print) OfS7) DATE (AREA CODE) TELEPHONE NUMBER 4AkMCF';Hd-00M4 E-MAIL Page 326 of 972 America's Gateway to the Gulf Stream n Ce of Stuart ity 00' R!•P P.N Y.IIN f.' MEMORANDUM To: David Dyess, Interim City Manager From: Alaina Knofla, Procurement Specialist Date: July 18, 2019. Subject: Renewal of ITB ##2019-100: Chemicals for the WTPIWRF The initial year of ITB ##2019-100: Contract for Chemicals for the WTPIRF expires September 30, 2019. This agreement has provisions for two ( ) one (1) year renewal options; this would represent the first renewal. The vendors listed below have agreed to the renewal under the original terms, conditions, pricing and specifications. Thereby the Public Works Director Dave Peters recommends approval of the first-year renewal. Item Vendor Chemical Amount 1 Allied Universal Corporation Sodium Hypochlorite $62,280.00 Odyssey Manufacturing Company Sodium Hypochlorite $66,1100s00 as the secondary vendor 2 Tanner Industries, Inc. Anhydrous Ammonia $14,052.50 3 Carus Corporation Sodium H exametphosphate $19,190.00 4 Hawkins, Inc. Hydrofluorosilicic acid $ 8,070.00 5 Hawkins, Inc. Hydrochloric Acid $ 2,706.00 6 Hawkins, Inc. Anionic Dry Polymer $ 6,110.00 7 Hawkins, Inc. Cationic Liquid Polymer $18,218.20 Overall Total $130,626.70 If approved, this renewal will be effective for the period October 1, 2019 and ending September 30, 2020. If you have any questions, or if I might be of further assistance please contact me at ext. 5320 or contact me by email at tsurchasing@ci.stuart.fl.us. Approve renewal of ITB #2019-100: Chemicals for the WTPIWRF Recommended this ITB not be renewed David Dyess, City Manager Date fit AAR WWW.CIT'dC6'� :.:.:5 Page 327 of 972 Po _7 do t tit 41S "1" 02 %i1 i� ��}l �'b'3,) ..,✓ ;'r• ? 21 S\V i'I'a}giti} \i.',.',ic}a!I 1.'.3 June 2.0,2019 Tanner Industries, Inc. Attn: Mr, Grep,W.Tanner,VP 735 Davisville Road Southampton, PA 18965 Subject: Renewal for YT M 20.19-100,Chemicals for the IN er Treatrnt nt Plant and Water iteclarnation Facility Dear Mr.Tanner, This is official notification to your firm that the City of Stuart wishes to extend your current contract for the above mentioned subject, for the period beginning ctober 1, 1019 and ending on September 30, 2020,which represents 0e first year or two(one year) renewal options. `chis extension is grunted tinder the same ter£r'.rs,conditions, and pricing as the original contract, Please complete the bottom portion of this fetter if your firm will are to the requested renewal. Your response must be received no later than 4.00 -nn,, July 3, .2019. You may fax your response to (772) 600.1202 or send by errraii to }:!i! `.i.rt` ! 1 x.. Thank you for your cooperation and immediate attendon to this matter. Phase contact nae at (772) 283_S320, if you should have are quest ons. Best Rep tirds, 17iiofla t..w Procurement Specialist cc: File I hereby attest, by signature, to Florida Statutes (F.S,) 287.135-Scrutinized ed Co paries that Boycott Israel list, F.S. 215.4725-Engaging in curnmerce vAth Cuba or Syria, and S.S. 215.473- Scrutinized Companies with activities in the lran Petroleum Energy Sector List,and agree to the contract renewal as specified of the subject Agreement. E R aian unable to agree to the contract renewal as specified of the subject Agreement u - r- (Signature) Printed N arae ,f j$ 2 ?I 4"•' ° 1 Date � Title Page 328 of 972 i f c CONTRACT RENEWAL f THIS CONTRACT RENEWAL is entered into by and between the CITY OF DEERFIELD BEACH (CITY), a municipal corporation and TRI-COUNTY MOBILE WASH, INC. DBA SUPERIOR WASH (CONTRACTOR), as follows WITNESSETH: WHEREAS, the CITY and CONTRACTOR entered into an agreement for Citywide Vehicle Washing Services (the Services) pursuant to ITB#2016-17/21; and WHEREAS, the initial CONTRACT term is two (2) years, beginning October 1, 2017 and expiring September 30, 2019; and WHEREAS, the terms and conditions of the CONTRACT provide three (3) additional one ( ) year j' renewal options; and II WHEREAS, the CITY is exercising the right to extend the contract for the first (11) of the three (3) renewal periods; and WHEREAS, renewal of the CONTRACT is in the best interest of the City; NOW THEREFORE, be it agreed by and between the parties as follows: Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. The contract renewal term shall begin on October 1, 2019 and will expire on September 30, 2020, (Two 2) one (1) year renewal options remain) unless otherwise terminated pursuant to the terms of the original CONTRACT. Section 3. All terms, conditions, and specifications of the original CONTRACT shall remain the same. IN WITNESS WHEREOF the parties have caused these presents to be executed.. saes. CITY OF t]EERF D B By: DAVID SANTUCCI, INTERIM CITY MANAGER Date. ATTEST. S A OlL ARD„ CMC, CITY CLERK APPROVED AS TO FORM: I € ANDREW S. MAURODIS CITY ATTORNEY � 1 f Page 329 of 972 CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] CONTRACTOR ATTEST: (Name of Corporation By (Secretary (Signa ure) (Corporate Seal) (Type Name/Title Signed Above) day of .......... Q 20_a [if not incorporated sign below.] CONTRACTOR WITNESSES: (Name) (Signature) (Type Name Signed Above) day of 20—. CITY REQUIRES TWO (2) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION 2 Page 330 of 972 1 Ile City of Boynton Beach FinanceJProcurement Services P-O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No. (561)742-6310 do FAX: (561) 742-6316 August 21, 2019 BID: PIGGYBACK OF CITY OF DEERFIELD BEACH - CITYWIDE VEHICLE WASHING SERVICES BID No.: 2016-17121 Agreement between the City of Boynton Beach and Superior Wash.: PROPOSAL RENEWAL TERM: OCTOBER 1, 2119 TH9RU SEPTEMBER 30, 2020 Yes, I agree to renew the existing Laid under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the Laid for the following reason(s) Superior Wash NAME OF COMPANY 4SNZATU R NAME OFREPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER 14, lil A GCOM E-MAIL America's Gateway to the Gulf Stream Page 331 of 972 The City of ounton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561) 742-6316 August 2l, 2019 Mitchell Kalakore,V.P. of Operations Superior Wash VIA EMAIL TRANSMITTAL TO: mitchk@superiorwash.co BID: PIGGYBACK OF CITY OF DEERFIELD BEACH CITYWIDE VEHICLE WASHING SERVICES BID No.: 2016-17/21 CURRENT TERM: OCTOBER 1, 2.018 THRU SEPTEMBER 30, 2019 Dear Mr. Kalakore: The current bid term for the "CITYWIDE VEHICLE WASHING SERVICES" awarded to Superior Wash expires September 30, 2019. We have been very happy with Superior Wash's service. We have been notified that you have renewed the original agreement with the City of Deerfield Beach and we would like to extend the bid ourselves for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmere@bbfl-us at your soonest convenience. if you should have any questions, please do not hesitate to call Eric Marmer, Buyer at(561)742-6318. Sincerely, Q .40 Tim W_ Howard Assistant City Manager-Administration cc, Andrew Mack, Director of Public Works& Engineering, Public Works Bill Darty, Fleet Administrator CAFM, Public Works, Fleet Maintenance Davidson Monestime, Solid Waste Manager, Public Works / Solid Waste Adrianna Greco-Arencibia, Assistant to Director, Public Works/Solid Waste File America's Gateway to the Gulf Stream Page 332 of 972 The City of Boynton Beach finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 September 6, 2019 RFP: RESTAURANT CONCESSIONAIRE AT THE LINKS GOLF COURSE RFP No.: 061-2910-15/JMA Agreement between the City of Boynton Beach and Ultimate Bakery and Pastry, Inc.: RFP RENEWAL TERM: NOVEMBER 3, 2019 TO NOVEMBER 2, 2020 Yes, I agree to renew the existing contract under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) ULTIMATE BAKERY AND PASTRY, INC. NAME OF COMPANY NATURE NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE)TELEPHONE NUMBER & 't i ,. E-MAIL America's Gateway to the Gulf Stream Page 333 of 972 � .ACII C Form L Purchasing Department July 25, 2019 50 South Military"Grail,Suite 1 10 Nest Palter Beach,FL 334 15-3191) ` (561)616-6800 Ixom Watercare, Inc. I FAX:(561)616-6$11 Jon D yess .vwtiv.pbcgov.coinl[)ttrchasirng 8150 S Akron Street,Suite 401 Centennial, CO 80112 TERM CONTRACT#SS555443B Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for IXOM Palm Beach County WATERCARE INC. MIEX SYSTEM SUPPORT based on: Board of County Commissioners [X] RENEWAL OF CONTRACT based on SOLICITATION #SS5554431KM in Mack Bernard, Mayor accordance with all original terms, conditions, specifications and prices with no deviation. Vendor shall notify Purchasing immediately if the sole source Dave Kerner.vice Mayor status changes. ' al R.Valeche The term of this contract is 09118/2019 through 0911712020,and has an estimated dollar Gree K. Weiss value of$90,000.00. Robert S.Weinrotlr If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire term of the contract, including any renewals or extensions thereof.. Mary Lott Berger County User Departments will issue individual"Delivery Orders"against this contract Melissa McKinlayCounty your authorization to deliver. The original invoice must be sent to the address on j the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User j Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address, and County Administrator the TINIFEIN Number on the Vendor's bidlquotelresponse must be exactly the Verdenia C. Baker same as it appears on the invoice and in the County's VSS system that can be accessed at https://pbcvssp,co.paim-beach.fl.us/webapp/vssp/AltSe]fService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Colleen Cardillo, Senior Buyer at ccardlllc�pbc_ov.orq or(561) +616-6839. Sincerely, 61 Tammy Smith Purchasing Manager °.1at rqualOpportunity= c:. Vernetha Green,Water utilities Affirmativf°Action f-nlployer File � printed on sustainable �� and recycled paper Page 334 of 972 The City o Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 August 28, 2019 BID: PIGGYBACK OF CITY OF PALM BEACH COUNTY– IXOM MIEX SYSTEM SUPPORT BID No.: SS555443/KM Agreement between the City of Boynton Beach and IXOM Watercare, Inc.: PROPOSAL RENEWAL TERM: SEPTEMBER 16, 2018 THRU SEPTEMBER 17, 2019 ✓Yes, I agree to renew the existing bid under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) IXOM Watercare, Inc. NAME OF COMPANY SIGNATURE j.(4 (5 iGSS t�SdU I lit2 (1 v I CG (�t�A-�'�Gt2 NAME OF REPRESENTATIVE TITLE (please print) 0113 10 101 -3 o 7613 1 -34'— DATE (AREA CODE) TELEPHONE NUMBER 1 c9 v. • CLL,e SS _ t 2zo il—-"AA E-MAIL America's Gateway to the Gulf Stream Page 335 of 972 The City of Bob nton Beach Finance/Procurement Services P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 September 6,2019 RFP: SNACK BAR CONCESSIONAIRE SERVICES FOR BOYNTON BEACH OCEANFRONT PARK RFP No.: 056-2710-161JMA Agreement between the City of Boynton Beach and ULTIMATE BAKERY AND PASTRY, INC.: PROPOSAL RENEWAL TERM: NOVEMBER 1, 2019 TO OCTOBER 31, 2020 Yes, I agree to renew the existing bid under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) ULTIMATE BAKERY AND PASTRY, INC. NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE)TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 336 of 972 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS September 17, 2019 REQUESTINGDEPARTMENT: UTILITES DEPARTMENT CONTACT: JOSEPH PATERNITI JR. TERM: October 1,2019 thru September 31,2020 SO URCE FOR P URCHASE:Piggybacking City of Stuart Bid No. 2019-100 ACCOUNT NUMBER: 401-2811-536-52-35. VENDOR(S): TANNER INDUSTRIES,INC. ANNUAL ESTIMATED EXPENDITURE: $40,000 DESCRIPTION- On 10/02118, City Commission utilizing the City of Stuart Bid No. ITB No. 2019-100 for Chemicals for Water Treatment and Water Reclamation Facility, with Tanner Industries Inc. of Southampton, PA with the same terms, conditions, specifications and pricing. Tanner Industries will provide anhydrous ammonia to the Utilities Department on an "as- needed"basis, The Contract allows for two (2) additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the first one-year renewal option thru 2020. REQUESTING DEPARTMENT: UTILITES DEPARTMENT CONTACT: JOSEPH PATERNITI JR. TERM• September 18,2019 thru September 17,2020 SOURCE FOR PURCHASE:Piggybacking Palm Beach County Sole Source Solicitation No. SS555443A ACCOUNT NUMBER: 401-2811-536-49.17 VENDOR(S):IXOM WATER CARE,INC. ANNUAL ESTIMATED EXPENDITURE: $52,950 DESCRIPTION- On 12/18/18, City Commission Approve utilizing the Palm Beach County, FL Sole Source Solicitation SS555443A with IXOM Watercare, Inc. for MIEX System Support with the same terms, conditions, specifications and pricing. Tanner Industries will provide anhydrous ammonia to the Utilities Department on an "as-needed"basis, The Contract allows for four(4) additional one-year renewal options. The county may consider a single annual price adjustment to the unit price(s) based on new pricing form the vendor. vendor has agreed to renew the Contract for the second one-year renewal option thru 2020. REQUESTING DEPARTMENT:PUBLIC WORKS DEPARTMENT CONTACT:ANDREW MACK TERM: October 1,2019 thru September 31,2020 SO UR CE FOR P URCHASE:Piggybacking City of Deerfield Contract No. 024-161DZ ACCOUNT NUMBER: 501-5000-590-09-82 charge back account VENDOR(S): TRI-COUNTY MOBILE WASH,INC.DBA SUPERIOR WASH. ANNUAL ESTIMATED EXPENDITURE: $80,000 DESCRIPTION- On 9/20/18, City Commission Authorized the City Manager to sign a contract with Tri-County Mobile Wash, Inc.DBA Superior Wash utilizing the City ofDeerfield's contract#2016-17121 with the same terms, conditions, specifications and pricing. Superior Wash provides weekly soap, brush and rinse service for garbage trucks & service trucks. They also provide monthly engine washes for the garbage and service trucks. The Contract allows for three (3) additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the first one-year renewal option thru 2020. REQUESTING DEPARTMENT:RECREATION(Beachfront) DEPARTMENT CONTACT: WALLYMAJORS TERM:November 1, 2019 thru October 31, 2020 SO UR CE FOR P URCHASE: City RFP No. 056-2710-161JM4 ACCOUNT NUMBER:N/A VENDOR(S): ULTIMATE BAKERYAND PASTRY ANNUAL ESTIMATED EXPENDITURE:N/A DESCRIPTION- On November 1, 2016, City Commission approved a two-year contract with Ultimate Bakery and Pastry for snack bar concessionaire at Oceanfront Park. The Contract allows for three (3) additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the second one-year renewal option thru 2020. REQUESTING DEPARTMENT: GOLF(Links) DEPARTMENT CONTACT:RONALD TAPPER TERM:November 3, 2019 thru November 2,2020 SOURCE FOR PURCHASE: City RFP No. 061-2910-151JMA ACCOUNT NUMBER:N/A VENDOR(S): ULTIMATE BAKERYAND PASTRY ANNUAL ESTIMATED EXPENDITURE:N/A DESCRIPTION- On November 3, 2015, City Commission approved a two-year contract with Ultimate Bakery and Pastry for restaurant concessionaire at the links. The Contract allows for three (3) additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the third one-year renewal option thru 2020. 6.G. CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-3C-03 with Globaltech, Inc. in the amount of$69,301.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by City Commission on August 7, 2018 for the West Water Treatment Plant Arc Flash Study project. EXPLANATION OF REQUEST: Contract Period: August 22, 2018—August 21, 2020 Boynton Beach Utilities operates the West Water Treatment Plant located at 5469 West Boynton Beach Boulevard, west of Military Trail. The treatment plant contains a significant number of electric motors and electrical equipment that could potentially pose an arc flash hazard. An arc flash is an undesired electric discharge that travels through the air between conductors or from a conductor to a ground. The resulting explosion can cause fires and serious harm to equipment and people. The intent of the study by Globaltech, Inc. is a safety evaluation and analysis of the electrical equipment at the West Water Treatment Plant to address the specific requirements of the National Electric Code (NFPA 70 and NFPA 70E) related to arc flash hazards. The arc flash analysis will determine the amount of thermal energy that could be generated in an arc flash incident within the various electrical equipment at the West Water Treatment Plant. This information will be used to define a flash protection boundary around the potential sources and determine the level of flame-retardant apparel and other personal protection equipment (PPE) required when Utilities staff are working on or near the electrical equipment. The study also includes labeling of the existing equipment for warning of a potential arc flash hazard. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will enable Utilities to identify potential electrical arc flash hazards at the West Water Treatment Plant and ensure the safety of staff working on or near electrical equipment. FISCAL IMPACT: Budgeted Funding for the project is available in the Utilities CIP budget. ALTERNATIVES: Continue to operate the West Water Treatment Plant and not conduct the arc flash study. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 339 of 972 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Task Order Globaltech Task Order Proposal D Contract Contract Page 340 of 972 TASK ORDER#UT-3C-03 CITY OF BOYNTON BEACH GENERAL CONSULTING SERVICES SCOPE OF WORK FOR WEST WATER TREATMENT PLANT ARC FLASH STUDY INTRODUCTION The City of Boynton Beach (CITY) entered into an AGREEMENT entitled General Consulting Services RFQ No. 046-2821-17/TP (CONTRACT) with Globaltech, Inc. (CONSULTANT) to provide engineering services for various general activities, approved by the Boynton Beach City Commission on September 7, 2018. This Task Order will be performed under that AGREEMENT. SCOPE OF SERVICES The CITY operates a nano-treatment membrane water treatment plant (referred to as the West Water Treatment Plant) located in western Boynton Beach. The facility contains a significant number of motors and electrical equipment that could potential pose an arc flash hazard. The intent of this proposed analysis is to address the specific requirements of NFPA 70 and NFPA 70E related to arc flash hazards. The arc flash analysis will determine the amount of thermal energy that could be generated in an arc flash incident within the various electrical equipment used throughout the building by using the methods outlined in the IEEE Std. 1584. This information will be used to define a flash protection boundary around a potential source, and to determine the level of flame-resistant apparel and other personal protection equipment (PPE) required when employees cross the boundary while they work on or near energized parts as recommended by NFPA 70E. This analysis will also address the National Electric Code(NFPA70) labeling requirements for warning of a potential arc flash hazard. The Scope of Work will consist of the following tasks: Task 1: Project Kick-Off Meeting 1. Project Kick-off meeting with Globaltech/HEE, City and Plant Personnel. Establish roles and points of contact; discuss objectives of the study and schedule, request electronic files of latest one-line diagrams for the facility and any hard copies. Discuss with maintenance personnel any electrical system equipment problems, failures and maintenance issues. 2. Time Duration: 1 day, as soon as possible for all parties to meet after notice to proceed. Task 2: Data Gathering 1. Perform site surveys of existing electrical power distribution system and equipment: • Data Gathering: Field verification will include sufficient information to perform the short circuit, device coordination and arc flash study. • Observe field conditions of the existing equipment including relative age and physical condition. 1 Page 341 of 972 • Collect motor nameplate data for motors 20 HP and larger. • Coordinate with FPL to obtain utility company fault current data, peak kilowatt demand (KWD) and utility rate. 2. Time Duration: 30 Days after Task 1 is completed. Task 3A, B &C: Short Circuit, Device Coordination and Arc Flash Study 1. Perform Short Circuit and Device Coordination and Arc Flash Study Analysis. • Using the existing one-line diagrams and field collected data, create an electrical system model in SKM Power*Tools for Windows® and perform a short circuit to determine the available fault current at each major bus of the distribution system. The analysis will be for normal and emergency power systems beginning at 13.2kV level and continuing downstream to 208V distribution/panel board level. • Compare calculated fault currents at major equipment in the power system against existing withstand/interrupt ratings. Provide recommendations for areas where expected fault current exceed equipment withstand/interrupt ratings. • Perform an over current device coordination study for selective coordination and provide recommendations for improving selective coordination. • Perform arc flash hazard incident energy calculations in accordance with IEEE 1584-2018 and NFPA 70E (2018) on all equipment such as panelboards, switchgear, switchboards, motor control centers (MCCs), industrial control panels, meter socket enclosures that are likely to require examination, adjustment, servicing or maintenance while energized. 2. Produce a study report summarizing study results including system model in SKM depicting the existing plant power system configuration; calculated system short circuit characteristics; over current device coordination time current curves and arc flash incident energy calculation results. Study will make recommendations for improvements, if any. Tables of device settings, motor characteristics, cable data, transformer data and breaker characteristics will be included as record of the input data to the power system model. 3. Task 3A: Deliverable #1- Prepare and submit a draft Short Circuit, Device Coordination and Arc Flash Draft Report to the City for review and comment. Deliverable shall consist of one hard copy and one electronic PDF copy. 4. Task 313: Attend review meeting with the City and address comments. 5. Task 3C: Deliverable #2 - Submit final study after incorporating and addressing comments from the City. Deliverable shall consist of four (4) hard copies of the study and four(4) electronic versions (PDF) on disks. 6. Draft Study Document: 75 days after Task 2 is completed. 7. Final Study Document: 21 Days after Draft Study Review Meeting. 2 Page 342 of 972 Task 4: Generate and Apply Arc Flash Labels to Equipment 1. Generate arc flash labels that comply with NFPA 70E-2018 requirements based upon the results of the arc flash portion of the study. 2. Verify/modify overcurrent protective device settings against recommended settings from the study and apply arc flash labels to electrical equipment as appropriate. 3. Task duration: 28 days after Task 3 is completed. Services Not Included in Scope of Services ➢ Evaluation of electrical system condition and vulnerability. ➢ Additional services not otherwise provided for in this Scope of Services. PROJECT PERSONNEL The CONSULTANT proposes Nico Shaner, P.E., to serve as the project manager and technical reviewer of this project. DELIVERABLES CONSULTANT will prepare the following deliverables as part of this Task Order: • Draft—Short Circuit, Device Coordination and Arc Flash Report • Final —Short Circuit, Device Coordination and Arc Flash Report • Arc Flash Labels ASSUMPTIONS 1. The City will furnish all available as-built electrical one-line drawings in AutoCAD (if available) and in PDF fashion. 2. All system model drawings produced under this Task Order will be in SKM Power*Tools for Windows® and/or AutoCAD 2018, or higher. Reports will be in Microsoft Word or Excel as appropriate. 3. Scope does not include a detailed analysis of facility, yard or building lighting or plant control systems. 4. All time durations presented are in calendar days. 5. Proposal does not include design services to address any findings or recommendations made in the study. 6. Proposal includes the study of Wells 12 and 13. Scope does not include the study of any other wells such as Wells 1, 7 and 8 per the City's direction, as these wells are to be removed from the Plant's electrical distribution systems in a separate project by others. 7. Sodium Hypochlorite Generators will not be included in the study. 8. "As-Built" information will be utilized, when necessary, for equipment that cannot 3 Page 343 of 972 be deenergized for internal visual inspection. 9. The proposal does not include an arc flash safety program/risk assessment. The information contained in the study is for use by the City's Risk Management Team in implementing safe electrical system work practices. Development of safety programs to mitigate risk of personnel injury related to electrical work practices and/or arc flash hazards is beyond the scope of services. 10. "As-Built" of control wiring or control logic diagrams within electrical equipment including motor starters, generator paralleling switchgear, normal utility switchgear, control panels, etc. is not part of the scope of this proposal. 11. Based on the recommended results of the coordination study, CONSULTANT may need to modify various overcurrent device (circuit breaker and/or relay) settings. CONSULTANT assumes that all the overcurrent devices operate according to manufacturer's specifications. Should the overcurrent devices fail to operate and/or not function as designed, CONSULTANT takes no responsibilities for those events. COMPENSATION Compensation for this Task Order# UT-3C-03 will be on a time and materials basis for a fee not to exceed $69,301. Attachment-A provides the compensation summary for the project. ATTACHMENT—A Compensation Summary AUTHORIZATION Submitted by altech, Inc. By: Troy L. L , PE Title: Executive Vice President Date: September 4, 2019 4 Page 344 of 972 ATTACHMENT - A Compensation Summary Page 345 of 972 Attachment A Task Order#tUT-3C-03 West Water Treatment Plant Arc Flash Study Project Senior Total Subconsultant Manager Electrical Clerical Labor Services Subconsultant '.. Contractual Labor Rates$(Hr. ;$210.00 _$185.00 .$65.00 Task 1 Project Kick-Off Meeting Schedule and Conduct Kick-off Meeting 4 4 $1,580.00 $1,327.20 HEE '.. Prepare and route meeting minutes 2 1 $435.00 '.. Prepare Project Work Plan 8 2 $1,610.00 '.. Project Management 2 1 $485.00 '.. Subtotal Task 1 6 14 4 $4,110.00 $1,327.20 Task2 Data Gathering Data Gathering 4 $740.00 $10,613.04 HEE Observe Field Conditions 4 $740.00 Collect motor nameplate data 2 $370.00 Coordinate with FPL to obtain fault current data 2 $370.00 Project Management 2 1 $485.00 Subtotal Task 2 2 12 1 $2,705.00 $10,613.04 '.. Task 3 Short Circuit,Device Coordination and Arc Flash Study Perfor Short Circuit and Device Coordination and Arc Flash Study 4 $740.00 $25,842.08 HEE Produce study report/system model/short circuit characteristics 4 $740.00 Prepare Draft Report 4 2 $870.00 Attend Review Meeting with City 4 $740.00 $1,990.80 HEE Incorporate City Comments/Prepare and Submit Final Report 2 2 $500.00 $4,957.68 HEE Project Management 2 2 $550.00 Subtotal Task 2 18 6 $4,140.00 $32,790.56 Task 4 Generage and Apply Arc Flash Labels to Equipment Generate arc Flash Labels 4 $740.00 $6,407.04 HEE Verify/Modify Overcurrent protective device settings 2 $370.00 Apply Labels $0.00 Project Management 2 1 $485.00 Subtotal Task 4 2 6 1 $1,595.00 $6,407.04 GLOBALTECH LABOR TOTAL 12 50 12 $12,550.00 Subconsultants $51,137.84 Markup $5,113.78 Total Subconsultant $56,251.62 Reimbursable Expenses $500.00 Total $69,301.00 Page 346 of 972 61 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITT, and GLOBALTECH, INC., hereinafter referred to as wthe CONSULTANr,in consideration of the mutual benefits,terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 207.055, Florida Statutes, the Consuftents' Competitive Negotiation Act,the CITYS Procurement Code,the City of Boynton Beach solicited proposals for professional consulting s from qualified engineering firms for required City services;and WHEREAS, THE CITY issued a Request fbr Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualiffed consulting firms to provide General Consulting services to the CIW,and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE I -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders,at the request of the CITY during the term of this Agreement, including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category 0 Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONS1131LITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of Its Sub-consubn&work, The term"Agimement!'has the same mmning as the term"canftwtr Boynton Braeb Utilities-General.Consulting SeMces C4 V. CLEAN KNAL Page 347 of 972 12.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings wfth the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be lMted to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary servioss phase,the CONSULTANT shall advise the ITS, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain date from other sources-, identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project, provide analyses of the CRYS needs for surveys; perform she evaluations and comparative studies of prospective site and solutions;and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4,1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field survey& 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2. 3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the she and its surrounds for the proposed project; and/or 124.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations-, assist the CITY in matters relating to regulatory agency operations review or operating pennit non-complianoe; assist with startup and operator training for newly installed or modified equipment and processes, and int preparation of operating, Boynton Beach Utilities-General Consulting Serviow C-2 V3 AN FNAL Page 348 of 972 maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES. The CONSULTANT shall consuft and advise the CITY E n the following manner: specifying the extent and scope of the work to be performed, prepare detailed construction dravAngs and specifications; revise and update, where necessary, previou* designed construction pIns and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an eWronic format, and shall also include furnishing up to six (6) copies of plans and spedfications to the CITY; the exact number needed shall be determined by the.CITY, 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shallalso consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill perTnb. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorbmd by the CITY In each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of dramdngs and other documents to fix and describe the size and character of each proj civill engineering, environmental, landscape, architecture[, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Cons ! Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or int construction budgeis Il prepare Construction Documents within tenumber of calendar days 'specifed within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detafl the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6,4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1-2.6.5 The CONSULTANT shall submit to the CITY for each project, Boynton Bewh Utilities-Cieneral Consulting Services W LEAN T FINAL CC-3 Page 349 of 972 electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.8 CONSULTANT shall Include in the Construction Documents a requirement that the construction contractor shall provide a final as-buift survey of the project in Autocad electronic forrnat by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form mquired by the CITY and as required. 1.1 6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compIi ance with requirements of any local, state, or federal agency from which a permit or her approval Is required. The CONSULTANT shall make sure that all rvecessary approvals have taken place, 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is property coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents, The CONSULTANT shall provide to the CITY a Quaft Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, If applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and In a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently p racticing under similar conditions. 1.2.8 The CONSULTANT following the CITYS approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton,Beach Utilities Geneml ConsWting Services C-4 V.5 CLEAN FWAL Page 350 of 972 received by the CITY and shall make a recommendation for any award based an the CITYS Procurement Administrative Policy Manual. 1®Z Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the ITS Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the I . If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or in us wide prices have changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction Industry,the established Construction Cost limit may be adjusted as determined by the GHYS Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CO NSU LTANT renders ft Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation is shall be mutually agreed to by the parties hereto, 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2AA The CONSULTANT shall attend all pre-proposal/per-bid conferences, 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CHYS representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualffication of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY, if requested Indeveloping qualifications criteria, review qualifications and recommend acceptance or nejection of the bidders. 1.2B.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. IZ9 The CITY shall make decision on all cWms regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions fbr the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents, The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations tot City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequenom or procedures, or fort safety Boyntan Beach Utilities General Congalfing Savices V.5 CLEAN FINAL C-5 Page 351 of 972 precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders is shall be categorized tot various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2. .2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any arnhftecturaVengineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or date. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor fbr revision for supporting documentation. After making such examination, when the schedule of values Is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.111 The CONSULTANT shall perform on-afte construction observation af each project based on the Construction Documents in accordance mAth paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceed Ing In a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT vAll provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITYwhere thework fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractors ite to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment In such amount. These Certificates vAll constitute a representation to the CITY based on such Boynton Beach UdIfties-General Consul&g Services C-6 V.5 CLEAN FINAL Page 352 of 972 observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance Mh the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and Is a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up pri9 drawings and other data fshed by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoGad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings an site bi-monthly or as otherwise determined based on a specific need established pri or to construction by the CITY. 1.2.14 The CONSULTANT shall.review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how Minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, is shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor is shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction pmgress of any work, the CONSULTANT will if aLithorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative mrill endeavor to identify for the CITY any defects and deficiencies int work of the Contractor(s). Resident project observation services shall include but is not limited to the following: pt► Conducting all pre-construction conferences; 0, Conducting all necessary construction progress meetings; 4- Observation of the work in progress to the extent authorized by the CITY; 4% Receipt, review coordination and disbursement of shop drawings and other submittals; 0 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities-General Congulting Serviom V. CLEAN FINAL C-7 Page 353 of 972 -1o' Verification of contractora'and subcontractors' payrolls and records for compliance with applicable contract requirements-, Maintenance at each project site an a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; 4, mite tion to the CITY immediately if it appears that either each project schedule or each project budget will not be met; s0o Scheduling and conducting monthly progressmeetings at which CITY, Engineer, general contractor,trade contractor, ut[Ii fies representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action,and enforcing action selected by the CITY, If so directed by the CITY, if the general and/or trade contractors are not meeting the requirements oft plans, specifications, and Construction Contract; 4% Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a dally to of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of it completion; and + Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals, record drawings; and maintenance stocks; The Resident Project Representative shall also Investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. TheResident Project Representative shall be a person acceptable to the CITY, and the CITY shall vet right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly tate CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility forte construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in amordance with the requirements oft Contract Documents, The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, sets or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY's activities or those of CITY's other contractors and consultants or their respective subcontractors and Boynton Beadi Ufflifles-Gomm]Consulting Sew-vims V.5 CLEAN FINAL C-8 Page 354 of 972 vendors ("Contraclom"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CI pre-existing site conditions ort aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for Inspecting, observing. or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site (OProject SiteB) other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.11 When additional services are necessary they shall be specified In the written Task Order. Examples of additional(not exclusive) services are: + Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drmfts of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or tot CITY. 4- Services resulting from significant changes int general scope,extent or character of any particular project ori design including but not limited to, changes in size, complexity, the CITYS schedule,character of construction or method of financing, revising previou* accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes oro enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. • Providing renderings or models fort CITY'S use. • Preparing documents foraftemate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. ® Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses: providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, to schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licansIng, detailed quantity surveys of material, equipment and labor, and audb or inventories required in connection with construction performed by the CITY. 4, Assistance in connection with Proposal/proposal protests, re-bidding or re-negatiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in is event there shall be no additional cost fDr the provision of such services. Boynton Bcach Utilities-Gone=[Consulting Semices V.5 CLF-AN FINAL C-9 Page 355 of 972 ^0 Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrat[ve proceeding. Ao Additional services in connection with a project not othervAse provided inthis Agreement. Services in connection with a project not otherwise provided for inthis Agreement. .4 Services in connection with a field order or change order requested by the CITY. A 1- Providing artwork, models, or renderings as requested by the I . 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorlzatlon, it will furnish the faflowing addKianal services. 4- Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services afterthe award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or a missions oft CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construcbon, 2) a significant amount of detective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions int design by the CONSULTANT or if the CONSULTANT falls to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. 4, Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. 4, Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components efther during bidding aridlor Negotiation services or Construction Contract award. The cost of such services shall be bome by the Contractor,and this requirement shall be included in the construction contract. J* Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deerned Basic Services, Except when caused by a design error by the CONSULTANT,the cost of such services shall be bome by the Contractor,and this requirement shall be included in the construction contract. BGynton Reach Utilities-General Consulting Services V,5 CLEAN FINAL C40 Page 356 of 972 1.4 CI1YS RESPONSIBfLITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1,1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s)shall have complete aLdhorfty to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s)or project managers du ring the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1. .1. Provide all criteria and full information as to the CHYS requirements for the Project including design objectives and constraints, space, capacity and performance requirements, fleAblility and expandablifty, and any budgetary limitations. 1.4.13 Assist the CONSULTANT by proiAding at the CONSULTANT'S request all available information pertinent tot Project including previous reports and any other data relative to design or constmcf1an of the project, 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services),the following: 1A.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic. surveys, laboratory tests and Inspectlon of samples, materials and equipment; 1. .1. Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and Impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions,- 1.4.1.10 Zoning, dead and other land use restrictions-, 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services undert is Agreement. 1.4-1-13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General ansulting SmIces V,5 CLEAN FINAL C-11 Page 357 of 972 1.6 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order written task order, the CONSULTANT shall submit to the CITY, at least rive (5) days prior to actual commencement of services, a schedule of services and expenses for ,approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT int order in which the CITY wishes, and shall be performed and completed int order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for compWIon approved by the CITY in advance, in writing, shall not constitute non-perfbrmance by CONSULTANT pursuant to this Agreement, 1.53 Proposals received by CONSULTANT as a result of task orhmitten task order that exceeds $25,000 in cost will require appnovel from CITY Commission before execution of services in accordance with the CI1yS Procurement AdmInIstrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withhold until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and Intended that the CONSULTANT will be authorized to begin new task orders on a arolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practicaL Failure to complete the "older' task orders in a timely manner, may adversely Impact upon continued early auth0ftafiDn to Start 8 subsequent work. 1® When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances in may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders untiI such time as it is no longer in default, and the CONSULTANT has demonstrated to the C17YS satisfaction, the reasons for tardy completion Boynton each Utilities General Consulting Services V.-5 CLEAN FINAL C-12 Page 358 of 972 have been addressed and are not likely to be repeated In subsequent task orders. This restricted issuance provision may result int CONSULTANT not in issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at Its sole option retain another CONSULTANT to perform any or arising cut of this Agreement andlor terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1, An event of default shall mean a material breach of this Agreement Without limiting the generality oft foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: 4* CONSULTANT has not perfon-ned services on a timely basis due to CONSULTANT'S negligent errors or omissions, 0 CONSULTANT has refused or failed to supply enough properly skilled personnel; 4- CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; 4 CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; 46 CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance vAth the requirements of this Agreement 1.6.2 Int event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: 0 The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANrS rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN KNAL 0-13 Page 359 of 972 1. .3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other reme4y given or otherwise existing,and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise ort beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2-TERM 2.1 The Initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges ftt the Services to be performed during the Wm (2)year term will be govemed by this Agreement, and that there is no guarantee of future work in given to the CONSULTANT. 22 In the event that services are scheduled to and either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks islare completed.At no time shall this transitional period extend more than one-hundred and eighty(1180)calendar days beyond the expiration date oft existing contract. The CONSULTANT mill be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY ARTICLE 3 -11ME OFLPERFORMANCE V Work under this Contract shall commence upon the gfving of written notice by the CITY tot CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all or product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4- PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment fort work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A' attached hereto. Payment as provided in this Section shall he full compensation forwork performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. 0 Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-Goteral ansulting SeMccs V.5 CLEAN FTMAL C-14 Page 360 of 972 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITYS representative prior to performance of the sub-oonsulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. do The CONSULTANT may submit vouchers to the CITY on per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. -0 In certain cases where incremental billing for partially completed Woric is permitted by the CITYS representative,the total incremental billing$ shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment. When a sce is to be compensated based an time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CI1YS representative fbr prior approval based on estimated labor hours and hourly rates which shall not exceed the estabI[shed hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost rpt® 0 Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its asoertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. In order for both parties herein to close their books and records, the CONSULTANT will clearty state 'Linal invaiW an the CONSULTANT'S final/last billing to the CITY. The final Invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included an this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract- Costs for subsequent years and any extension terms shall be subject to an adjustment only if Increases incur in the industry. However, unless very unusual and significant changes have occurred int industry, such increases shall not exosed 5% per year, or whichever is less, the latest yeady percentage increase in the All Urban Consumers Price In (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utillfles-General Consulting SeMees V.5 CLEAN FINAL C-1 Page 361 of 972 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the cordract year then in effect, compared to the in for the same month one (1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI orindustry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the[ t . The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLES-2 ERSHIPANDUSEOFDQCL jME-KTfj 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made Is executed or not, Notwithstanding the foregoing, the CONSULTANT shaI! maintain the lights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT, shall be at the CITYS sole risk and Wthout liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLES-FUNDING 6.1 This Contract shall remain in full fame and eftd only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach int annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES ANn flgeag§ TTI ONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualiffed professionals to all assigned projects during the terrn of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant tothis Contract. CITY Boynton each Utilities-Gencral Consulting tirmices V.5 CLEAN FINAL C-16 Page 362 of 972 has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE 8-t�01@ 8.1 CONSULTANT shall, In performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S semices and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project, Should changes in any low, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9-1WEIVINIFIL ATION 9A Subject to the limiting provisions of Florida Statute 725-08, CONSULTANT shall indemnify, and hold harmless the CITY, Its offices, agents and employees, from and against any end all losses, or any portion thereof, including reasonable attorneys'fees and costs,arising from injury or death to persons,including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from th Is Contract or out oft services or goods furnished hereunder. 9.2 To the greatest extent pernfifted pursuant to Section 725.06, Florida Statutes, CONSULTANT's Indemnification obligation (when providing services to CITY) shall not exceed the value of LTA T' total compensation. Such obligation shall not be construed tonegate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or petson described inthis Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Uldlitics-General ConsWting Services V,5 CLEAN FINAL C-17 Page 363 of 972 ARTICLE 10- INSURANCE 10.1 During the performance oft services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Flofida. 10.1.1 Workees Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employees Liability Insurance requirements in is subcontracts. This coverage shall include Employer's Liability wh h limits meeting all applicable state and federal law& This coverage must extend to any sub- n t have their own Worker's Compensation and Employees Liability Insurance, unless not required by statute. The policy must contain a waiver of subragation in favor of the CITYof Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an `Occurrence" basis. Cover-age shaII Include Premises and Operations, Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, aindemnificationg of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arlse directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrenceleggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY.except for cancellation due to non-paymant of premium. 10A.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1 000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arlse from the ownership, use of maintenance of owned and non-owned automobile, included rented autornoblM, whether such operations be by the CONSULTANT or, by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per clairn/aggregate. Boynton Beach Utilities-Genei-A Consulting Servim V.5 CLEAN FINAL C-18 Page 364 of 972 10-2 it shall be the responsibility ot the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment oft CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage difflarent from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior tot date on which the requfrements shall take effecL Should the CONSULTANT WI or refuse to satisfy the requirement of changed coverage within the thirty(30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect an the date that the required change in policy coverage would otherwise take effect. 10.4 CONS U LTANT shall, for a period of two (2)years following the termination of the Agreement, maintain it coverage"in an amount equal tot described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE I I -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agrot t the CONSULTANT is an independent CONSULTANT wilh respect tot services provided pursuant to this Contract. Nothing inti Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY empI oyees by virtue oft services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11® CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant tothis Agreement, CONSULTANT shall comply with Chapter 119, norlda Statutes, as amended (Public Records). CONSULTANT'S obligation Includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 -COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other then a bonsfide employee working solely fort CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any oompany or person, other than a bonal'Ide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Headi Wities-General Consulting SeMea V. CLRAN RNAL C-19 Page 365 of 972 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, ARTICLE 13—TRUTH-IM-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and cu on as of the date of the Contract. 132 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete,or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise Its dghts under this nCertificaW within one(1)year following payment. ARTICLE 14 - QK1RACJ[NQ 14.1 The CITY reserves the right to acceptthe use of a SUB-CONSULTANT or to reject the selection of a particular suANT and to inspect all facilffies of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform property under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTA falls to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay int performance any portion oft contract as set forth in the Scope of Work. 143 The CONSULTANT, its SUB-CONSLILTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 16 -DISCRIMINATION PROHIBITED 15,1 The CONSULTANT, with regard to the wori performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies, ARTICLE 16-,ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utiflues-General Conmiting Services V.5 CLEAN FINAL C-20 Page 366 of 972 ARTICLE 17 -N614-WAIVER 171 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver® in writing. In the event of a written waiver, such a waiver shall not affect the waiving partys rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a deflault or breach shall not operate or be construed to operate as a waiver of any subsequent defauft or breach, ARTICLE IS—TERMINATION 18.1 Termination for Convenience: This. contract may be terminated by the CITY fbr convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that theCONSULTANT abandons the Contractor causes Itto be terminated,CONSULTANT all indemnify the CITY against loss pertaining to this termination, 18.2 Termination for Delbult:: In addftion to all other remedies available to the CITY, this Contract shag be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fall to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure, In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida, Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of low. The CITY does not consent to madlal:lon or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract If delays In or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces' shall mean any event which results int prevention or delay of performance by a party of its obligations under this Contract and is is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Heach Utilities-General Consulting Services V.5 CLENNFINAL C-21 Page 367 of 972 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable,removable,orremediable,and which the non- performing party could have,with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. Ten n- or 1 ll, within a reasonable time of in prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forms preventing continued performance of the obligations aft is Contract, ARTICLE 21 —fel 7Y-PIS OVIM)LN -ORMATION L_AND 21A CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT's services-, obtain or authorize CONSULTANT to obtain or provide additional reports and date as required,furnish to CONSULTANT services of others required for the perFormance of CONSULTANT's services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services pruvided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PRoigurIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs, competitive bidding procedures and market condons; time or quality of performance of third parties; quafity, type, management, or direction of operating personnel; and other economic and oper*lonal factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not VE" from CONSULTANT'S op!nion%analyses, projections, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY, No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no fight to assert a claim against CONSULTANT by assignment of indemnity rights or cate shall accrue to a third p" as a result of this Agreement or the performance of CONSULTANT's services hereunder. Boynton Beadw Utilities-General Consulting Saviecs V.5 CLEAN FINAL C-22 Page 368 of 972 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: —---------- ------- --7————----------------------—-------------—------ Aitrr Ut"Iftlif DirectorC M 'n 8 -------------- ------------- --- --- E,Wool Prock.l.rernenit ----8er,/kx,,,m ........ ................. —-------------------------------- C). Btox,310 EL33435 P,1 ---------- rs And Notices to CONSULTANT,shall be sent to the following address., C.- ................... Atkrr Rick 01so U-r---------------- " W 411!2 M�114------ swjv",, 610 ------------------ _R- 33487 ----------— ARTICLE 25 -INTEGRA,rED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all pdor negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individ ual Task Order, the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision ot tne bitate of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to walve or modify the immunitles and limitations on liability provided for in Section 768.28, Florida Statute, as may be amended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract, or any disagreement or dispute concerning It, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute conng it, shall be construed or resoWed so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out oft Contract,the prevailing party shall be entitled to recover Its own costs andattorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not after or waive CITYS entitlement to sovereign immunity, or extend CITY'S liability beyond the Ilmits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consuf6ng Servim V.5 CLEAN FWAL C-23 Page 369 of 972 ARTICLEPUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall- A. Keep and maintain public records required by the CF17Y to perform the service; ® Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not txceed the cost provided in chapter 119, Fla. Stat°or as otherwise provided by law; C. Ensure that public records that are exempt or that arc confidential and exempt from public record disclosure requirements am not disclosed except as authorized by law for the duration of the contract tenn and, following completion of the contract Contractor shall destroy a copies of such confidential and exempt records remaining in its posession once the Contractor transfers the records hi its possession tD the CITY; and D. Upon completion of the contract Contractor shall transfer to the CITY, atno oostto the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITYS custodian of public records, in a format that is compatible with the ifyformation technology systems of the CITY. E. IF THE, CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPITR 119, FLORIDA STATUES, TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O.BOX 310 BOYNTON BEACK FLORIDA,33425 561-742-6061. xMikAMELU Boynton Beach Utilities-General Consultin g Services V. CLEAN FINAL C-24 Page 370 of 972 THE PARTMS HAVE EVALUATED P SKS AND REhIEDIES UNDER TTIIS AGREEMENT AND AGREE TO ALLOCATES S T THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THISAGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATESSUBSIDIARIES, AND THEIR RESPECTIVEDIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, C-CO S T 'S COVERED PARTIES'), SO THAT THE TOTAL AGGREGATE LIABILITY F THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES THE ASSIGNED TASK ORDER, THIS RESTRICTION OF REMEDIES SHALL APPLY T ALL SUITS,CLAIMS,ACTIONS,LOSSES,COS (INCLUDING ATT S)AND DAMAGES OF ANY NATUREARISING FROMTO THIS AGREEMENT WrMOUT REGARDTO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY I H%IPOSED. CLAIMS MUST HE BROUGHTONE CALENDARFROM PERFORMANCE OF THE SERVICES UNLESS A LONGER. PERIOD IS REQUIRED LAW. IN , the partiesi In multiple copies, i II be consideredri I I on the following : DATED thjs 7 day of , 20 1 CITY OF BOYNTON BEACH Citi Manager -C:OINSUL ANT Attest/Authenticated: Twe (Corporate Seal} City rk Approv d as to 0 AttestlAuthenticated: —9- 6ra� ffiL tA&Mey SecreLary, Boynton Utilities-Generd Consulting .5 CLEAN Page 371 of 972 EXHIBIT"A" RATE SHEET CRI johaltec Inc DATE_ .... ........ lvt�V'bshfV'{iLl int t$9)��u�'`; OFat �P Q,,I�I°19�t}v . ... .,........ ................................. ,... W f 6 .......,....t Sir !%,I ' 0LO .....,.... _:. .. ................,c: �..... {v. �,... ...,,.ate t 'sa"t'ihll2 int.` ,N -,.,3.c,u .......... ..... ....... ............ { ...................... p f IC 3 P 6t 11.1-((,',','/,, ((,.dr,I, � R„cl 1,kdt,iv n ».,,�a,1 d �,.�.mm, ...,,, �....�.,M . at l{" Yl' €fdvlhat ifir .. I a ft�.ztt aft , .... , frri4.!„1P� '«�� ,its.., wF4 dn €�I Reimbursable Evnpncpz, Direct costs such as poaage,prints,delivery service will be billed at cost. y t=Bearh Utilities-Gmeral Consulting Servims V.5 CLEAN FINAL Page 372 of 972 EXE"ff 46B99 City of Boynton Beach Risk Management Department INSURANIM ADVISORY FORM Under the terms and conditions area contracts,leases,and avemnants,the City requiras appropriate,coverages listing the City of Boynton 13cach as Additional bsnre& This is done by providing a Certificate of fitsurence listing the City as"Certificate Holder" and"Ile City of Boynecat Heach is Additional ImLsed as reopect to cansroges notod-"Insumance cornpanins providing Insurance coverages meet have a current rating by A-M.Best Co. of'11+�'or highm, (NOYE- An Warance contract or binder as be orcriered to proof af innerance if Cerfifinare it provided upon selection of van don) 'Me following is a M of types of thsarance required of contractors,lessees,eto.,and the limits required by the Cfty: (NOTM This Ust is not all inclusive,and the City reserves the right to require addit`on d types of fusurance,or to raise or lower the stated limits,hued upon identified risk) (Occurrence used Ord ) MMMUM IMITS REOUIRED General Liability General Aggregate 3 1,000,000.00 Commercial General Liability Pro ducts-Compft Agg, S 1,000,000.00 Owners&Contractoes Protective(OCP) Personal&Adv,Injury S 1,000,000.00 Liquor liability Each occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Offictes Mcd.Expense(any one paroon) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Rglosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Fenn Property Damage Put Legal Liability Amranobile Unibility Combined Single Limit S 500,000.00 Any Auto Bodily lujury(per person) to be determined All Owned Autos Bodily Injury(por accident) to be de ed Scheduled.titan Property Damage to be detennined. Ffired Autos Trailer Interchange $ 50,000,00 Mon-Owned Autos PIP Basic Intermodal Garage Liability Ante Only,Each Accidwt 1,000,000.00 Any to Other Than Auto Only S 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate S 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aginegaft: to be desambW Worker's Compensation Statutory Limits Employer's Liability Ewh Accident 100,000.00 Discam,P Dliry Limit 500,000.00 Disease Each Employw $ 100,000.00 Prop" Homeowners Revocable Permit S 300,000.00 Buildea's Risk Limits hued an project Cost Odier- As Risk Identified to be detenninod ................. Boynton Beach Utilities-General Consulting SeMces V,5 CLEAN FINAL C-27 Page 373 of 972 EXHIBIT " PERFORMANCE EVALUATION CONSULTrNG ENGINEERS Boynton c Utilities-General Consulting Services .5 CLEAN FI - 28 Page 374 of 972 E., , "C" EVALUATIONPERFORMANCE ENGINEERSCONSULTING DESIGNIENGINEERING BID DOCUMENT PREPARTION PHASE vl rsn, r . i u qqy -, .' is sb tab"1, . j 2v .... ......� 5, -As ofsubmissions 6, "Pians clearldeelafled _ . — *Preliminary administrativetlirnited staff reviewlevaluation of levels of clarity, accuracy, and coordination n disciplines. P .s FINAL T PREPARATION, BID,&AWARD BY CONSULTANT Rate n mi' rleaiiy 1 to 5 with 6 bellpthe � t ow-a N/A. .q . . mm mmmmmmmm_____._�-.,...........................,, �- 3j::j ..�-4 .m.m..m.mmm. ........ 4,.. rn rneru r s estiMate .._. 3 4 i Fri. 'I Irfi �� � ubirdsal n .v 7. Pm-bid conferemrA-a ,d«, y P^s se o ( yn — ,5^A Irr Bid—evaluation qual imeliness it .:.. Re anse to build rr, �j rmi,*rr�m �r �i � ..mmmmmmmmmm 1 i Ike'dendurn pr 3or j rimy pp!M m ppLic2 i�jn i _.._ mmm m.._.. i r Boynton Beach Udiffl -Gcncral Consulting Suvices 29 V.5 CLEAN L ,� Page 375 of 972 X . ff "C"' PERF01MANCE rtVALIJATION FORM CONSTRUCTION PHASE COMPLETION ateerg I to 5 �.with 5 bein the highnest score f 2 3 2. a Plans/S aoAccurate/Coordinated2 3 � 3.�.. -Dass Constructa �t 23 TimehnesslQualffil of ProcesslnSubmittals2 _ 3 4 5 Producytgulp[nent Selection Avallabil, I We tafr a lovestloations I2 _gvarfty of So ort Services 1 2 3 . Overall Construction Contract inisb flo 2 3 4 5 kPro° �� of stat P. ta '10. alt ° of Claims for Extra o _.. t 2 3 4 5 -Tl—. � ora to roe t off dent copies of signal plans to allow for fimely revl&w andapproval by all t 2 3 4 5 Parittra aoie " 27 Did the Consuftant actively participate to overcoming problems with the Contractor,ctor, Building f 2 3 ffiola and/or ReaulatorV Agencies? I& Change Order Processing (Accuracy, ` i e-1 f 2 3 DocurnentLaboE, etcj tin Did the Consultant exercise o ato.oti ordination and control of a c o f rpt s or f 2 3 aaoo�afar mor a � o�° u Proatia Partici atior� aottio f t 2 f 2 3 ,. ,IC tq °'1(` �t'� t.•I `,'t;( ,1, �7lll ,t t Hf-�Mkr" (-)h, V T, �.,. Boynton Beach Utilities-Gerietal Consulftg Semlow V.5 CLEAN FINAL Page 376 of 972 EXHIBIT AVI PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (wntlnued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate nunierJ1cA!!y 1 to 11,th 5 bei n #ie h! heat score N/A -iWtp[quotiin sad 1 1 2 3 4 situation or ad, 2. 2 3. 1-imelln"m of submissions 4. 51 2 3 4 5 6, 2 34 F, in 7. 2 Baynton'Beach Utilities-Genend Consulting SeMm V.5 CLEAN FINAL C-31 Page 377 of 972 6.H. CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH '• AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ended July 31, 2019. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the ten(10) month period ended July 31, 2019(83%of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND FY 2018-19 FY 2017-18 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues &Transfers $91,124 $87,035 96% $87,487 $79,089 90% 4.2% 10.0% Expenditures $(91,124) $(74,738) 82% $(87,487) $(70,980) 81% 4.2% 5.3% Excess(Deficit) $- $ 12,297 $ $ 8,109 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $12.3M surplus for the period ending July 31, 2019. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of$75.2M or 82%of our total$91.1 M General Fund budget estimate for FY 2018-19. Transfers from other funds(non- revenues) provide$15.9M or 18%of the total funding sources to balance our$91.1 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 40%-$36.3M—Property taxes less Tax Increment Financing to the CRA 2. 42%-$38.9M—All other revenues plus General Fund Balance 3. 18%-$ 15.9M—Transfers from other funds 100%-$91.1 M—Total funding sources The property tax rate for FY 2018-19 is 7.9000 mills, no change from the prior year; the net property taxes of$36.3M in FY 2018-19 represent an 6.55%increase in property tax revenue or an increase of$2.2M from FY 2017-18. To balance the budget in FY 20182018i-19, it required transfers from other funds of$15.9M representing 18% of all funding sources. Actual Funding Sources Realized: At the end of the tenth month in FY 2018-19, revenues and transfers realized are approximately$87.0M or 96%of the budget estimate compared to$79.0M or 90% realized to date in FY 2017-18. Page 378 of 972 Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $36.2M or 100% of $36.3M as compared to$33.8M or 99%of$34.OM for FY 2017-18, as noted on Exhibit A. Expenditures(Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 4.16% from $87AM to $91.1M. The budget increase was due to the cost of doing business, Town Square project, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures — General Fund expenditures for the tenth month period ending July 31 (83% of the fiscal year) are $74.7M that is 82% of the $91.1 M expenditure appropriation for FY 2018-19. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of$74.7M or 82% of the FY 2018-19 budget. At this point in the fiscal year, FY2018-19 spending levels are$3.8M ahead of the$70.9M or 81% expended in FY 2017-18 for this same period, mainly due to Town Square costs. The chart below shows the monthly flow of sources and uses. Note: the month of October mainly reflects the payment of pension liabilities; December shows the highest collection of Ad Valorem Taxes and May shows mostly Town Square expenses. Boynton Beach General Fund Monthly Comparison off Revenues&Expenudiures from October 2018toJuly 2019 f $35r000,000 $3 ,z $25,000,000 $20,0W,0DO a ® Revenue e r r m Expenditures 4 Gi LX J J t R $0 IM OICT NGV [AEC JAN FEB MAR APR MAY JUN JUL AUG SEP UTILITY FUND The FY 2018-19 annual expenditure budget of$48.7M represents a $2.1M increase from the FY 2017-18 budget of$46.5M. The operational forecast reflects an estimated decrease of$1.OM of the fund balance for FY 2017-18, see Exhibit C. FY 2018-19 FY 2017-18 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $48,708 $41,430 85% $46,544 $39,562 85% 4.6% 4.7% &Transfers Expenditures $(48,708) $(38,710) 79% $(46,544) $(36,131) 78% 4.6% 7.1% Excess(Deficit) $- $2,719 $- $3,431 For the tenth month period in FY 2018-19, Page 379 of 972 • Revenues realized are$41 AM (85%)of the annual budget estimate. • Expenditures incurred are$38.7M (79%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately$2.7M. Expenditures (Exhibit D) — Utility Fund FY 2018-19 expenditures to date are $38.7M or 79% of the annual appropriation compared to expenditures of $36.1M or 78% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). BoyntonBeach Utility Fund Monthly Comparis n of Revenues&Expenditures fromOctober 2018 to July 20119, 5 " 31000,000e ®IErr_rs,�'dtt�ex 2, _ _ _ _ laCf N,0V DEC JAN FEB MAR APR MAY JUN JUL AUG SEP ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum GF Statement of Revenues thru July 31, 2019 Page 380 of 972 D Addendum GF Statement of Expenditures thru July 31, 2019 D Addendum UF Statement of Revenues thru July 31, 2019 D Addendum UF Statement of Expenditures thru July 31, 2019 Page 381 of 972 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2019(83%of Fiscal Year) REVENUES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 44,146,986 $ 44,069,480 100% $ 41,458,358 41,172,047 99% LESS TIF TAXES TO CRA 7,816,311 (7,817,513) 100% 7,360,831 (7,336,119) 100% NET TAXES TO THE CITY 36,330,675 36,251,967 100% 34,097,527 33,835,928 99% LICENSES AND PERMITS BUSINESS TAXES 1,750,000 1,735,794 99% 1,731,000 1,767,562 102% BUILDING PERMITS 2,965,000 3,576,113 121% 2,712,000 2,474,106 91% FRANCHISE FEES 4,915,000 3,689,682 75% 4,865,000 3,559,514 73% OTHR LICENSES,FEES&PER 222,000 174,266 78% 222,000 201,627 91% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 75,000 64,651 86% 85,000 39,466 46% STATE SHARED REVENUES 8,852,000 7,478,895 84% 8,677,000 7,307,177 84% SHRD REV FROM OTHR LCL 335,000 258,718 77% 335,000 151,697 45% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 124,663 151,981 122% 121,300 137,657 113% CHRGS-GENERAL GOVT 508,688 408,408 80% 507,800 436,614 86% PUBLIC SAFETY 6,981,200 7,845,557 112% 6,086,500 5,914,895 97% PHYSICAL ENVIRONMENT 20,000 15,741 79% 20,000 19,589 98% CULTURE/RECREATION 411,500 343,526 83% 428,700 368,219 86% INTEREST&MISC REVENUE LIBRARY FINES 30,000 10,573 35% 30,000 16,974 57% VIOLATIONS LOCAL ORD. 393,000 417,161 106% 643,000 185,291 29% INTEREST EARNINGS 65,000 317,497 488% 65,000 70,055 108% RENTS AND ROYALTIES 363,800 364,897 100% 368,800 374,424 102% SPECIAL ASSESSMENTS 6,589,000 6,744,657 102% 6,589,000 6,766,608 103% SALE OF SURPLUS MATERIAL 1,500 8,537 569% 1,500 1,968 131% OTHER MISC.REVENUE 4,264,000 3,903,600 92% 4,715,145 2,804,524 59% INTERNAL FUND TRANSFERS TRANSFERS 15,927,000 13,272,500 83% 15,067,850 12,556,542 83% FUND BALANCE APPROPRIATED - - 0% 118,100 98,417 83% Total Revenues $ 91,124,026 $ 87,034,720 96% $ 87,487,222 79,088,854 90% $100,000 Two Year Cumulative Revenue Comparison and CFY 45 $91,124 Budget-Bud g ($in thousands) - - - - - - - � 1 $80,000 ,x �.._ . $70,000 $60,000 $50,000 �� s I 1j1jI\ $ � 40,000 30,000 - - - �� $20,000 Ilk $10,000 m,, m6 I $D ......... ....f ...... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 1dkS Cumulative 2017-18 Actual Cumulative 2018-19 Actual 2018-19 Budget S:A FinanecTinancial Reports\Monthly Financial Reports\FY2018-2019AFY1819 Budget Review-GF-thm July 19 Summarized001 Revenue Summary Revised Page 382,of 972 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2019(83%of Fiscal Year) EXPENDITURES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 276,642 $ 225,951 82% $ 267,301 $ 219,723 82% CITY MANAGER 745,932 656,641 88% 746,362 604,778 81% CITY HALL/GEN.ADMIN. 3,837,051 2,267,061 59% 6,230,163 4,818,059 77% MARKETING/COMMUNICATIONS 464,668 338,895 73% 333,846 253,052 76% SPECIAL EVENTS 251,714 133,383 53% 0 0 0% TOWN SQUARE 5,630,454 4,108,060 73% 1,500,000 670,552 45% CITY CLERK 763,171 565,344 74% 569,241 464,047 82% CITY ATTORNEY 574,761 418,433 73% 724,916 585,910 81% FINANCIAL SERVICES 1,348,593 1,126,402 84% 1,184,980 965,844 82% ITS 2,439,074 1,951,789 80% 2,143,805 1,712,735 80% HUMAN RESOURCES 815,343 698,559 86% 824,823 604,887 73% PUBLIC SAFETY UNIFORM SERVICES 17,307,392 14,834,954 86% 17,039,645 14,423,709 85% ADMINISTRATIVE SERVICES 3,452,639 2,566,284 74% 3,266,135 2,623,635 80% SUPPORT SERVICES 10,381,854 8,835,012 85% 9,953,470 8,400,452 84% FIRE 24,018,134 21,219,677 88% 24,270,971 20,383,879 84% COMMUNITY STANDARDS 2,219,335 1,655,636 75% 2,066,791 1,722,415 83% EMERGENCY MANAGEMENT 28,775 4,141 14% 22,320 11,372 51% BUILDING&DEVELOPMENT DEVELOPMENT 1,172,208 1,043,164 89% 1,136,941 931,896 82% BUILDING 1,487,060 1,212,766 82% 1,502,497 1,109,801 74% ENGINEERING 659,397 514,209 78% 622,155 476,718 77% PLANNING&ZONING 713,629 541,724 76% 756,125 587,815 78% ECONOMIC DEVELOPMENT 463,475 357,820 77% 412,318 265,739 64% PUBLIC WORKS PUBLIC WORKS 152,825 129,967 85% 245,550 219,179 89% FACILITIES MANAGEMENT 1,915,028 1,432,580 75% 2,023,598 1,367,292 68% STREETS MAINTENANCE 1,200,324 923,310 77% 1,127,135 836,813 74% LEISURE SERVICES LIBRARY 2,336,700 1,759,845 75% 2,315,127 1,886,082 81% SCHOOLHOUSE MUSEUM SERV 322,094 295,713 92% 254,971 229,824 90% RECREATION 3,011,935 2,412,106 80% 3,005,874 2,416,232 80% PARKS&GROUNDS 3,133,819 2,499,056 80% 2,940,162 2,167,147 74% CRA REIMBURSABLE&RESERVES - 9,739 0% - 20,696 0% Total Expenditures $ 91,124,026 $ 74,738,221 82% �$-- 87 487 222 $ 70,980,283 81% $100,000 Two Year Cumulative Expenditure Comparison and $91,124 $90,000 3 CFY Budget-($in thousands) y n $80,000 3 w° R $70,000 Ya � $60,000 $50,000 1 $40,000 3 a ° CS Cx1 G] $30,000 I Uyhb yup` $20,000 3 $10,000 Sg$0 1--------- ------- z--------- ----r---------- ----r---- ---? ------- --T-------- T-------- T-------- T---------- ----?--- --------T Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative�Cumulative 2017-15 Actual Cumulative 2015-19 Actual 2015-19 Budget S:Tinan Tinancial Reports\Monthly Financial Reports\FY2018-2019TY1819 Budget Review-GF-thin July 19 Summarized001 Expenditure SummaryRevised Page 3 J 1ef 972 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2019(83%of Fiscal Year) REVENUES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 22,542,000 $ 19,091,965 85% $ 21,675,000 $ 18,342,629 85 WATER CONNECTION FEE 150,000 57,995 39% 150,000 38,735 26 WATER SERVICE CHARGE 850,000 755,660 89% 850,000 783,650 92 WTR-BACKFLOW PREVNTR TEST 14,000 11,615 83% 10,000 20,196 202 RECLAIMED WATER SALES 310,000 451,604 146% 64,000 289,632 453 SEWER SERVICE 19,635,000 16,363,155 83% 18,870,000 15,949,377 85 STORMWATER UTILITY FEE 4,100,000 3,404,075 83% 3,800,000 3,235,215 85 TELEVISE SEWER LINES 10,000 10,642 106% 5,000 8,574 171 FEES 20,000 45,809 229% 20,000 12,031 60 INTEREST INCOME 35,000 292,750 836% 35,000 (3,915) -11 SALE OF SURPLUS MATERIAL 2,000 - 0% 2,000 - 0 OCEAN RGE UT TAX ADM CHG 800 814 102% 800 778 97 MISCELLANEOUS INCOME - 78,254 0% - 466 0% FUND BALANCE DECREASE(INCREASE) 1,039,304 866,087 83% 1,061,993 884,994 83 TOTAL REVENUES $ 48,708,104 $ 41,430,425 85% $ 46,543,793 $ 39,562,362 85% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 _ Two Year Cumulative Revenues Comparison and CFY Budget-($in thousands) $50,000 h ,,any $48,705 b� Q3 O � 'y bM �qy�u Qti. I $40,000 '-• 5 0`b $30,000 o, e �yc,tio ti titi �� h $20,000 9 I I $10,000 c, 1 ',. $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep .. ._Cumulative 2017-18 Actual VFWK Cumulative 2018-19 Actual 2018-19 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2018-2019\FY1819 Budget Review-OF-thru July 19 Summari-d401 Rev Sum Page 384 of 972 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2019(83%of Fiscal Year) EXPENDITURES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,958,189 $ 1,458,481 74% $ 1,946,158 $ 1,558,752 80% PUBLIC WATER TREATMENT 6,683,780 5,104,960 76% 6,009,493 4,125,916 69% METER READING&SERVICES 1,324,231 1,014,147 77% 1,284,678 1,001,685 78% WASTEWATER COLLECTION 1,620,043 1,271,615 78% 1,674,357 1,191,151 71% WASTEWATER PUMPING STATNS 2,861,825 2,054,501 72% 2,810,391 2,051,956 73% SEWAGE TREATMENT 4,856,000 3,664,359 75% 4,550,000 3,138,206 69% WATER QUALITY 644,646 469,572 73% 642,397 498,201 78% UTILITY ADMINISTRATION 17,818,261 14,349,749 81% 17,046,237 13,944,438 82% UTILITES ENGINEERING 1,523,222 1,201,772 79% 1,478,276 1,197,207 81% STORMWATER MAINTENANCE 1,255,446 891,832 71% 1,148,994 855,286 74% CUSTOMER RELATIONS 1,175,261 983,244 84% 1,226,307 963,067 79% DEBT SERVICE 6,987,200 6,246,583 89% 6,726,505 5,605,588 83% Total Expenditures $ 48,708,104 $ 38,710,815 79% $ 46,543,793 $ 36,131,453 78% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 Two Year Cumulative Expenditures Comparison and CFY Budget-($in thousands) $50,000 $48,708 hti $40,000 _ ti^ 7-- $30,000 -$30,000 n ^tiW $20,000 ti $10,000 fib• i i , Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2017-18Actual MISS Cumulative 2018-19 Actual 2018-19 Budget S:\Finance\Financial Reports\Monthly Financial Reports\FY2018-2019\FY1819 Budget Review-OF-thru July 19 Summari-d401 Exp Sum Page 385 of 972 6.1. CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of August 2019. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for August 2019: Purchase Order Vendor Amount 191318 Professional Tennis Court Svcs $10,000.00 191335 Tyler Technologies, Inc. $11,750.00 191336 & 191337 Cintel, LLC $20,794.84 191339 Johnson-Davis, Inc. $15,750.00 191348 West Architecture + Design, LLC $17,420.00 191350 Superion, LLC $13,230.00 191351 Alpha Fence Specialists, Inc. $22,966.77 191359 Dell Marketing LP $19,876.65 191360 University of South Florida $12,000.00 191375 W aterblasti ng.com $19,500.00 191379 IGM Technology Corp $22,000.00 191380 Morris & McDaniel, Inc. $24,500.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None Page 386 of 972 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Purchases over $1 OK ®August 2019 Page 387 of 972 ` CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR AUGUST 2019 1. Vendor: Professional Tennis Court Services Purchase Amount: $10,000.00 Requesting Department: Recreation Contact Person: Wally Majors Date: 8/7/19 Brief Description of Purchase: Tennis court maintenance at the Tennis Center for August and September 2019. This is in lieu of hiring 1 full time and 1 part time parks maintenance workers. For next fiscal year, we will do a blanket purchase order for these services. Source for Purchase: Three Written Quotes Fund Source: 001-2710-572-49-17 2. Vendor: Tyler Technologies, Inc. Purchase Amount: $11,750.00 Requesting Department: Public Works Contact Person: Captain Zeller Brief Description of Purchase: Date: 8/14/19 Tyler software&related services for MyCivic app which will include people&information module, places&classes module, city news, calendar feeds, interactive maps, push notifications with geo targeting, incident reporting in-app&plugin, etc. Source for Purchase: Three Written Quotes Fund Source: 431-2515-534-49-17 3. Vendor: Cintel, LLC - --- Purchase Amount: $20,794.84 Requesting Department: Police Contact Person: Captain Zeller Brief Description of Purchase: Date: 8/14/19 PO#191336-$9,735.66& PO#191337-$11,059.18; This is to upgrade the NDI Technologies license plate reader(LPR)systems(2 trailers and a patrol car)to Cintel license plate reader systems. This will ensure all LPR systems are accessible and managed through a single interface and there is only one vednor to work with on existing systems as well as the new LPR systems being installed for Town Center. Source for Purchase: Other Fund Source: 001-2110-521-64-15-$7,000 - 001-2111-521-64-15-$13,794.84 4. Vendor: Johnson-Davis, Inc. Purchase Amount: $15,750.00 Requesting Department: Utilities Contact Person: Leon Liberus Brief Description of Purchase: Date: 8/15/19 Replacement of two valves for the North Treatment Basin. Source for Purchase: Three Written Quotes Fund Source: 401-2811-536-46-20 Page 1 Page 388 of 972 5. Vendor: West Architecture+ Design, LLC Purchase Amount: $17,420.00 Requesting Department: Public Works Contact Person: Paola Mendoza Brief Description of Purchase: Date: 8/16/19 This is for the renovation of the exisitng Pence Park, located at 601 SE 4th Street. This is the first phase of the project that will be programming, surveying and conceptual design for the amenties the City would like to have at the park, such as multipurpose field, pavillions, bathrooms,fencing, parking, playground & basketball field. It will include a survey and shall propose three different conceptual designs. Task order UT-3E-01 Source for Purchase: RFQ 046-2821-17/TP Fund Source: 303-4115-572-63-05 - RP1907 6. Vendor: Superion, LLC Purchase Amount: $13,230.00 Requesting Department: ITS Contact Person: John McNally Brief Description of Purchase: Date: 8/16/19 Superion interface Fusion is a "gateway"product to allow, in a more efficient way, 3rd party entities access to the Superion database for business purposes. Fusion allows real-time or"live" information transfers and will be utilized by our 3rd party vendor BiII2Pay for bill presentation, payment processing and IVR information. Source for Purchase: Sole Source Fund Source: 401-2821-536-31-90 7. Vendor: Alpha Fence Specialists, Inc. Purchase Amount: $22,966.77 Requesting Department: Public Works Contact Person: Gail Mootz Brief Description of Purchase: Date: 8/16/19 Remove and replace Sara Sims vehicular gates and chain link fence. Source for Purchase: Three Written Quotes Fund Source: 302-4218-572-63-05 8. Vendor: Dell MarketingLP - RP1820 Purchase Amount: $19,876.65 Requesting Department: ITS Contact Person: Charles Stevens Brief Description of Purchase: Date: 8/22/19 Utilities PC rollout 2019. Source for Purchase: State Contract Fund Source: 303-4101-580-64-15 #43211500-WSCA-15-ACS IT1812 Page 2 Page 389 of 972 9. Vendor: University of South Florida Purchase Amount: $12,000.00 Requesting Department: ITS Contact Person: John McNally Brief Description of Purchase: Date: 8/22/19 The City is working with John Scott Dailey Florida Institute of Government on a comprehensive Cybersecurity Incident Response Plan. Included in this project will be an onsite meeting with key stakeholders to review policies and procedures, system backup and recovery processes, offsite data storage, and other critical technology infrastructure. ROG will adhere to industry standards and best practices throughout the engagement. The resulting plan, as well as the cyber-attack hands- on/desktop exercise, will document the appropriate actions to take, the agencies to notify, and prepare staff to respond appropriately to a cyber attack. Source for Purchase: Other Fund Source: 001-1211-512-49-17 10,Vendor: Waterblasting.com Purchase Amount: $19,500.00 Requesting Department: Utilities Contact Person: Leon Liberus Brief Description of Purchase: Date: 8/26/19 Pressure cleaning treatment basins to remove built up lime. Source for Purchase: Three Written Quotes Fund Source: 401-2811-536-49-17 11,Vendor: IGM TechnologyCorp.P Purchase Amount: $22,000.00 Requesting Department: Finance Contact Person: Tony Davidson Brief Description of Purchase: Date: 8/30/19 The service agreement covers annual fees: $19,000 per year and implementation fee(one-time): $3,000 with up to 5 full access users to access the "Gravity"application. IGM Consulting services will set up and grant access to use Gravity to produce the next Budget&CAFR documents, create 3 management portal dashboards, plus implement a Transparency module. Source for Purchase: Three Written Quotes Fund Source: 001-1410-513-64-14 12.Vendor: Morris& McDaniel, Inc. Purchase Amount: $24,500.00 Requesting Department: Police Contact Person: Captain Zeller Brief Description of Purchase: Date: 8/30/19 Contract for consultant services between COBB and Morris& McDaniel to develop, validate, administer, and implement testing and assessment processes for entry level enforcement applicants. Contract is signed by City Manager and approved for half payment in FY18/19($12,250.00). The remaining amount will be paid out of FY19/20. Source for Purchase: Sole Source Fund Source: 001-2111-521-49-13 Page 3 Page 390 of 972 PURCHASE ORDER CITY OF BOYNTONEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191318 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/07/19 VENDOR 17799 SHIP TO: TO: PROFESSIONAL TENNIS COURT SERV City of Boynton Beach K & B MAINTENANCE SERVICE TENNIS CENTER 17183 60TH LN N. 3111 S CONGRESS AVENUE LOXAHATCHEE, FL 33470 BOYNTON BEACH, FL 33426 REQUISITION NO. 74447 ORDERING DEPARTMENT: RECREATION AND PARKS i a DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2 . 00 MO MAINTENANCE OF ALL TENNIS COURTS 5000.0000 10000. 00 FOR AUG AND SEPT Same terms as. s.tated_ :in attached proposal, except. that for Aust anc3< Septi tuber 2019 Boynton Beach Tennis Centlewill six pTy equipment and materia REMARKS TENNIS COURT MAINTENANCE FOR AUG & SEP' 20�9:... PROCUREMENT SERVICES: 'f I9 P.O. TOTAL: 10000 . 00 ACCOUNT NO. PROJwCT 001-2710-572.49-17 PURCHASING Page 391 of 972 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE $105,000 Date: 8/6/2019 Requesting Recreation I rs Purchase:Explanation for Tennis court maintenancethe Tennisr for August and September 2019. Thisis in lieuof hiring 1 full i 1 part time i t n c workers. For the next fiscal I ill do a blanket purchase orderthese services. IC ES 1 , Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole ource Piggy-Back Budgeted Item Emergency Purchase Other Contract o NOTE: Pricing proposal for purchase must be presented in the serve detail contained within the contract. Fund Source for Purchase: � - - pprovrt is Department Date iurchasng_ "" Date -7 Asst City Date City r -- - _ Date Form Revised 0 /01(02 Page 392 of 972 m m I I > v _ 1 _ z � � CD 1-1 C0 N W I I W I C� OD OD £7 i ' EiI Z i x ' W � A U O z Zo 0 E ' U H Ey I A A W i H Z' ' }°o 0 O I ry'o o x 1 W U i H fI >+ O 1 I W Q I , EIU,D ' z Ix w W i a s E-1 zEn xz H I ow° a 1 1 H p U Q � cno w U 1 W W H �O 04 a��c 1 Z a x aix 1 w i xm m m Om rn Q r Ln Ei I zr CN , x I A AEi I o O >� rI o O z U I O O U WOI O I o o p U m SqF20 o I { C G H W O O I i I O p W W H H do C GiLIE a z 0 Z Ho O •• of 000 i z z � 000 1 H H no : 1 o Ei O CD C) i ° x OH O O M I H W o O W o 5 O U N I p H O O(N I Ea `O O H O%D m 1 O U) x 1 i a HHH H O En E LL co A H W H x W m i H x x i x W z NP � O Epi E� Ot q i ° W z z zo r-I ° a W w h w ° H� + 1 O , > i z W a W Ei ' o ' A H HE x H , N i A I H U CO 0 Eq WO Q 1 u ' W of m W a . a E H W z0 > w z z Ix H Ey Q 1 m F-I Q W W I E-, i,cl) EA P4 P44 r1 I O H 9 i<0 14 W EEi x cAn i N W S U O > HE � � a m I U' M4.3 1 Ul H aO'40 xa W I ri m W 0�m':^ z EJ EJ o E a a E a)N a z aZ x4 •rI UH I Aly x U4.) VO Ix6 O W H�1�r�iQW WW ' z , F U w-,I��c7r�. 00 W En H FZ1 mWU a, 0) A H , U a7 rdrtIU)W i W W x p1 �m�13�x m r-+ rn OQ E z °rotr,aa) aQ O z 1 w �$4-) .. .. I to H 0 1 U UI r.G 0 I Eg o H U Q1 1 S13tUH£ r F1 ol O U 010 0 EE-1 r1 X U i U H O W 1 HE(Cl Li07 , �o Wa Av�iNEN-Uv' ' V4 H W x Z IX W En W I ' z H r-I a z ~' a Page 393 of 972 Recreation& Parks Department PURCHASE_REQUEST DATE 8/6/19 SECTION: RECREATION AND PARKS PURPOSE/JUSTIFICATION/PROJECT: Tennis court maintenance for August and September 2019 at the Boynton Beach Tennis Center. The Tennis Center is supplying equipment and material for these 2 months. ITEMS: (If more than 4 items, attach company's order form which will be sent w/p.o.) Description Item# Quantit Price each 1. See attached 2 $5000.00 2. 3. 4. PURCHASING $ 0-$499 no quotes required—use credit card if vendor accepts GUIDELINES: $ 500-$11999 3 VERBAL QUOTES(contact name&phone number required) $ 2,000-$24,999 3 WRITTEN QUOTES (items over $10,000, must complete and attach the Request for Purchases over$10,000 form) $ 25,000&Up FORMAL SEALED BIDS BY PURCHASING Purchase of a single item over$750 must be made using a capital account(60 series) PRICE QUOTES (check one): VERBAL. WRITTEN: (attach quotes) COMPANY NAME PHONE# REPRESENTATIVE AMOUNT 1 Professional Tennis Court Services 561-859-1157 Brad Simms $10,000.00 2. Ryan Lauer LLC 561-541-8644 Ryan Lauer $16500.00 3. Papico Sports LLC 561-876-9175 Blake Merrell 118233.32 **n✓ Check here for return of purchase order; return to Wally Majors VENDOR NAME: Professional Tennis Court Services VENDOR# 17799 (if vendor not in system,a completed W-9 must be attached) ADDRESS: 17183 60th Lane North PHONE#: 561-859-1157 Loxahatchee, FL 33470 Remember to use the Inventory Tracking Form,if appropriate,when you receive your items. Refer to department APM policy"Inventory Control"for details. ACCOUNT NUMBER: 00127105724917 PROJECT#: (if applicable) SIGNATURE: APPROVED BY: SARecreation&Parks\Shared Files\Forms\Purchase Request For—doc,Revised S/1/15 Page 394 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 : 191335 BOYNTON BEACOH,BFOLORIDA 33425-0310 DATE:#08/14/19 VENDOR 17800 SHIP TO: TO: TYLER TECHNOLOGIES, INC. City of Boynton Beach ONE TYLER DR. PUBLIC WORKS DEPARTMENT YARMOUTH, ME 04096 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 74465 ORDERING DEPARTMENT: SOLID WASTE/ALGA/AM • ®' DATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 500. 00 DL SUNGARD INTEGRATION 1.0000 500. 00 2 3000 . 00 DL MY CIVIC CITIZEN ENGAGEMENT 1 . 0000 3000. 00 3 3250. 00 DL MYCIVIC 3.1.1 1. 0000 3250. 00 4 2500 . 00 DL SUNGARD T3t1TEORATTON IM:L METATTOI+7''. 1. 0000 2500.00 FEE: 5 1250 . 00 DL MYCIV]:C CITIZEN 1. 0000 1250. 00 ENGAGEMENT=IMPLEMENTATION FEE .. 6 1250. 00 DL M:YCIVIC 311-IMPLEMENTATION FEE 1,.:0000 1250.00 R MARKS .THE.APP WILL INCLtTDE :THE FOLLOWING FEATURES & PUNCTIONS AT LAUNCH M:3'C!VIC CIt*±ZEN:;.ENGAGEMENT:. : OM. Al . . ARANCE PEOPLE: &: INFORMATI ON MODULE(S) . PLACES .&:CLAS SES :MODULE(S). C:ITY,:NEWS;:RSSEED...S, . FACEBOOK; T.NSTAGRAM, TWITTER, YQUTUBE, .PROTO.:P:LB.UMS . CALENDAR FEEDS- . I:NTERAC:T:IVE MAPS PUSH NOTIFICATIONS 'WITH GEO TARGETING HTML URL PAGES (ONLINE::BILL PAYMENT, EMAIL SIGN UPS, FC?R... WE$PAGES I OPINTQNS CIT'TZE-N FEEDBACK MLE CONTEN'1' MANAGEMENT SYSTEM ALLO.WING:DYNAMIC CONTENT ADDITIONS:, <P-w-GES 4 :UPOW` ES..:.;:. MYCIVIC INCIDENT REPORTING' fiN=APP & WEB PLUGIN CITIZEN FACING MYREPORTS STAFF APP FOR FIELD WORKERS QUOTE #2019-69887 PROCUREMENT SERVICES: - P.O. TOTAL: 11750.00 ACCOUNT NO, PROJECT 431-2515-534.49-17 PURCHASING Page 395 of 972 1 Ort REQUEST FOR FURCH&SE OVER �10,000 Date: 8/1212019 Requesting Department: PW-Engineering Contact Person: Andrew Matic Explanation for Purchase: - Tyler Software and related services for MyClvic app which will include people and information module, places and classes module, city news, calendar feeds, interactive maps, push notifications with goo targeting, Incident reporting in-app&web plugin, etc. Recommended Vendor Tyler Technolo&s Dollar Amount of Purchase $11,750 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract ® PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number. NOTE: Pridnp proposal for purchase must be pmenW in the same dstell ow0ned vftdn the contract. F und Source for Purchase: 31-251-534-49-17 Approvals: - - , Department Head s Date_ Purchasing Agent per; )� J Asst City Manager Date City Manager - Date Form Revised t12 IMI Page 396 of 972 m 0) 1 11 r-1 1 \ \ 0 o CD m I , I I U W W IX 1 . ' 1 Oo 0 0 0 0 0 O m o Ln 1n I m W I to O N In N N ' WH I M M N '-i r-I 1 Ho I co A ' 014 W 5 � ' zzz H xU H ' UW W I W P , W I P I ' cxzFC � I ' ' WIWaUS zP010 1 100 1 q m a zW r 04 U AP I O 0 0 0 0 0 0 I ✓� 0 O 0 0 0 O 9 H w 0 mo a o 0 0 0 0 1 w . U FI r-) , 0 0 0 0 0 0 0 o 0 0 0 0 0 H 'J`i I O O 1f) O Ln 1n 10 1 1 ri H ri H ri r•1 5 m W I Ln O N to N N r I , H W I M M N H rl H rI m 1 2: 0 W I w 1 O I p p a� lf1 m :!'. 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P z>+A O>+A ri>+q z>,q H>Iq -i>40 I '7-I P H 1 HPO PO MPO HPO UFO MEiO 1 HNi �i �i H ,H-1 ,mi 0 rC P 1 H UH z H Hz H HE I O,n 1n ,n 1n m m H C°� N i Aqx HqE UAS A�1� UAB UAB 1 L400 >00 HOO �y00 HOO HOO IUH ,N-1 ,Ni ,Ni rNi ,Hi �U HEU 'J,EU r�EU >£U >XU UM M M M M M Hm o W i REM UEppqq HEPQ UEppqq HXM HEW Oop 0,7 UOp O0p UOp UM a P WA i RUM >IUm >+Um Um >+UM >+Um W x z a I H N M d- N M In W ' w m H z 1 ; ri v In 1a H i Page 397 of 972 � � I H r-I I \ \ (x I r ao W I O O (Ya I \ \ I CD 00 I 1 O I O H I W W 1 0 Q Q a I rI a I ri >1 0 I pq Q I zl x wI W H I 04 a I w I Q I I I a I 1 I I 1 a I U z� H WOI U HUI [n w 1 H W I U H 71 0 z 0 1 a I I o z HHI Lr) MW HM I > U 901 x H U w o W Ix o H w o a I o Ix H tl 'x o co X z aw o . z z � ; W x H ao Ez H H 040 V) <En O H i U H w a a w Ix Q H H Q I w w I UHcon 0 i z H W i O E+ P4 Ma v) H a w I � I H H ' O W H ' U I fx H a U H H I ' w z z \ I C�7 z a n z ww z a \ _ Hp P4 w W I 3 w o oa�2Ef<w En Q a E+ �a2w ;H;WXF a w wwF< ° aaHaa oW4H4 O I z zaw pwmmcnb I fx0 v2 04 I W Q M HzWQ>H z03 W 0 zQ -z 3H 3c NWts HW O z z a HEQM v)ZZNE -1 L�PQ aQ W zwH W4 zOH zW z>4W T H H I z WUocnw< MO— zwo H'EH o 0 H I O zrz�f04ri) 0 )apM2:NW 1,40 H CS LL 1 U d O V)cn E�H 4 w fx H 0 o z a H a a NrGfs. ED tow U00Ea4u WHO zi HWz� WWWHft4FZ1H riWUFl. H H w I H HaHUM F-IF-I -UEcn Maws W w Q j H Ur.GLJ1S) C -JXPE+ 4MC/2 z H w wW�CuoaazE4O Uzz4 V2 HxwMzmQr�'z.',..)' QOzH HWW a W zfx I H '>OaW pzfx I HWH 'JQNN MZ Ix I � HHN U>4 HW W p4 t-IZ ZHH HHHN az I W >4t:)w HO z�HH140Q �zHH R XuaaU>H HNXWOU zHUm Page 398 of 972 Greco-Arencibia, Adrianna From: Mack,Andrew Sent: Tuesday, August 06,2019 10:55 AM To: Greco-Arencibia,Adrianna Subject: My Civic App Attachments: Collier County-license (2) (1).pdf,GovQA_Statement_of Work_Boynton Beach CRM_ 7.29.19.docx.pdf, MyCivic Quote- City of Boynton Beach, FL.pdf, PO#-20190360(1).pdf Adrianna: Can you submit for a PO to My Civic. Attached are the three quotes, We are not going to Bo forward with economic development and public safety at this time so do on include them in the requisition. Use a Solid Waste Account ie, other contractual. Andrew Back, P.E., CBO, LEECH AP Director of Public Works & Engineering t Public Works Mailing Address; P.C. Box 310 1 Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-62031. 561-742-6211 MackAfl.us oynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. zxyn Page 399 of 972 Oc U 1-44m T - 0 O O 0 pr m �� _ m CD ca CD 0 - 0) ro 0CD CO ca w 0 0 o < n CD 3 Q m o Q CL c 0 ro' CD CD ca ca En 71 Q W CD o R 0 CL dip e CP! �A CD dD 0 C CD CD O 0 O 7 (D 0 z w cn m CD 0 0 0 o y Orn r ~ p 0 0 0 0 M ry mmmmm v z z m n CD c ' c rnX �a) m m @ o fA cz rn rn n CA 69 6s c0ii 0 0 00 O w o 0 0 0 O o oN0 moo w cp 3 N o a) o 0 C a ffl b9 N, 7 co= O N N CT W C co a CO O CD O O °0 0 CD 0 0 0 ® ® C) O W ? ? y N r r O O �C � n Lp C) 'O 4A O 69 N d/ 6q 63 69 69$n � O O 00 O N N cn O 0 CT O O O O O O_ N O) O) W W S3 ~® VN O O C) O O O O O O O O O Page 400 of 972 C? to CD OD OD 00 0 e ti 0 ,ry• 0g r� N tD `°� CD e �. CD ' a C ' ra r, � ' C� TOQ SW m N e • d qq CD � LSA � 8D v 0-4 CD CA V) CSD �° CS a GQ CL CD D ° U CD W CD CD r� Cr r- UQ �4 DD CL CL rA zcr (D Cd m ae z a r CL rn N O_ N Page 401 of 972 Mack, Andrew Him From: Jessica Bertinoia <jessica@gscend.com> Sent: Tuesday,April 16, 2019 6:07 PM To: Mack,Andrew Subject: Re:Quote Base pricing for your population would be a little over$2,040 per month. There is a one-time base price of$11,200 to get everything up and running. Aside from that any add-on services(onsite training, onsite project management etc.)are all optional. Jessica Bertinoia QScend Technologies, Inc. Office: 203.757-6000 1 Cell: 860.841.8118 Email: Jessica QScend.com i www.QScend.com VV Sender notified by ailtrack On Tue,Apr 16, 2019 at 5:59 PM Mack, Andrew<MackA(a,bbfl us>wrote: Thanks; I was misunderstanding the monthly fee as annual fee. Makes sense now. Thanks. As I am assuming that our population is less than collier county and port st lucie, what would pricing be per month base on City's population approximately 77,700 residents. Andrew Mack, P.E., CBO, LEED AP Director of Public Works& Engineering Public Works Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6201 ._ 561-742-6211 MackA@bbfl.us Boynton-beach.org/ 1 Page 402 of 972 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Jessica Bertinoia [mailto:jessica@qscend.coml Sent:Tuesday,April 16,2019 3:33 PM To: Mack,Andrew<MackAaLbfl.us> Cc: Konnikov,Yury<KonnikqvY@tbfl.us>; McNally,John<MP > N Subject: Re: Quote Hi Mark, Port St. Lucie issued the PO for the first 7 months. The 7 is referencing months not licenses. They wanted to get started right away. Their next PO will be issued after fiscal year July 1, and that will be for a full year. The license is for unlimited users. In the case of Port St. Lucie, they had to pay the same as Collier in order to piggyback. The price included implementation. 15m not sure if the piggy back procurement rules are the same everywhere. Are you familiar with the process? If you do not have to pay the same price as the contract you are piggybacking off of, I can put together a quote with custom pricing for you. Jess On Tue,Apr 16, 2019 at 3:16 PM Mack,Andrew<MackA(ii,,bbf1.us>wrote: Question,why is Port St. Lucie getting 7 licenses? What exactly constitutes a license? Is that how many admins can be logged in at one time? It mentions unlimited users in collier contract. What would our annual cost be? Page 403 of 972 Thanks. Andrew Mack, P.E., CBO, LEER AP Director of Public Works & Engineering Public Works Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. j Boynton Beach, Florida 33435 561-742-6201 r 561-742-6211 MackA@bbfl.us boynton-beach.org/ 01 VI c3i Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Jessica Bertinoia [mailto:iessicaPgscend.com] Sent:Tuesday,April 16,2019 11:17 AM To: Mack,Andrew<MackA bbfl.us> Subject:Quote Hi Andrew, Sorry for the delay! I was traveling all week last week and due to weather all over the country I had a very difficult time with my flights. I have the contract we did for Collier County, that is what Port St Lucie used to procure. I know that you had mentioned that the piggy back option would be ideal. Attached is the Collier contract and the PO that was issued by Port St. Lucie. Please let me know your thoughts! Jess 3 Page 404 of 972 Jessica Bertinoia QScend Tech nolo ies Inc. Office: 203.757-6000 i Cell: 860.841.8118 Email: i www.QScend.com Sender notified by Mailtrack Jessica Bertinoia Scend Technologies, Inc. Office: 203.757-6000 i Cell: 860.841.8118 Email: Jessica@p5cend.com i www.QScend.com 4 Page 405 of 972 0.1" ... svo" 900 S. Frontage Road, Suite 110 i Woodridge, IL 60517 Phone:630.985.1300 1 Fax:630-985.1310 Statenaent Citizen of Wo k IMPLEMENTATION1. SERVICES Date: Services Performed By: j Services Performed For:. 6 August 22,2018 GovQA ': City of Boynton Beach 900 S Frontage Road,Suite 110 1 100 E. Boynton Beach Blvd. Woodridge, IL 60517 Boynton Beach,FL 33425 Introduction GovQA has prepared the following Statement of Work(SOW)to provide you with details on the implementation of the Citizen Request Management System (CRM). This document's intention is to outline the package of services that is included in the CRM. GovQA has built a tremendous track record over nearly two decades of very successful implementations in the public sector.We understand CRMs and have experience working with public sector entities of all sizes and functions. Every customer has unique requirements,so we take the time to identify your needs and meet them by combining our knowledge and the current best practices prevalent in the industry. This document provides an overview of GovQA's implementation/training services and timeline estimate for the project. In the event of any conflict or inconsistency between the terms of this SOW and the terms of this Agreement,the terms of this SOW shall govern and prevail.Any changes in scope during the project implementation are handled through the Change Control process. This SOW(hereinafter called the"SOW'), effective as of April 22,2019, is entered into by and between Contractor and Client, and is subject to the terms and conditions specified below. The Exhibit(s)to this SOW, if any,shall be deemed to be a part hereof. In the event of any inconsistencies between the terms of the body of this SOW and the terms of the Exhibit(s)hereto,the terms of the body of this SOW shall prevail. Period Performance The Services shall commence on [DATE], and shall continue through[DATE]. Scope r GovQA shall provide the Services and Deliverable(s)as follows: Statement of Work for[CLIENT]17/29/2019 GovQA!Confidential 1 Page 406 of 972 O'D v 5 900 S. Frontage Road, Suite 110 ;Woodridge, IL 60517 Phone:630.985.1300 I Fax: 630-985.1310 • Collaboration with the City on developing, monitoring and maintaining a project plan • Installation and set-up of the application • Advise client on best practices • Configuration of interfaces • System integration testing of functionality(if applicable) • Training of trainers(Subject Matter Experts)on the software and basic system functionality • Transition to the Client Relationship team upon rollover to production Scope is limited to the CRM.This does not include the additional Compliance Suite Modules, such as Subpoenas, Internal Requests, Inter-Agency Requests, Claims, or Legal Holds. Implementation cl OR MR Project Kickoff Meeting [ Requirements Gathering i Site Setup and Configuration Site Review i Testing Finalize Site Training Go Live ; I Project Completion and Transition to Client Relationship Team Statement of Work for[CLIENT]17/29/2019 GovQA Confidential 2 Page 407 of 972 /3 t 900 S. Frontage Road, Suite 110 1 Woodridge, IL 60517 Phone:630.985.1300 1 Fax: 630-985.1310 Implementation rMethodology Based upon previous implementations over the years, GovQAhas defined four gels that are embraced w n implementing a public records management system: • Achieve productivity as soon as possible • Leverage existing operations knowledge quickly and completely • Revise workflows to achieve efficiencies and effectiveness ® Ensure comprehensive training to embrace the new technology The GovQA implementation tea has learned that the best consultants on a workflow system are typically the administrators that are actually involved in the workflow rocess today. Having workedail Within the existing process,they have a strong foundation in converting existing business processes,and configuring public records management o fit the Customer's needs. GovQA tries to harness the team's perspective and then add its own implementation experien with other similar entities. Together,the combination of internal experience with alternative insights makes fora best-practice implementation. The GovQA Citizen Request Management system is a configurable"off the shelf'SaaS platform. `rhe system will e complete at time of purchase and ten through the implementation ase, the desired work flow and design changes to support the business process will be custom-configured. Communication Plan Status Reports are the primary e o of communicating eel tasks. We ask that a project manager be assigned and this person acts as our primary contact point.We are used o communicating with ultile members of the customer's team; however,the primary contact point is the source of any final direction/information. Change Control Process ou!d a change be needed in this Statement of Work,the Customer shall submit a written request tote GovQA project manager. GovQA will provide a response within five business days with an estimate of the impact of the proposed change(s)on level of effort, cost, and schedule to accomplish t e desired work. Risk Management Plan GovQA is accustomed to dealing with the various issues that may come up within these projects.The best way to mitigate risk is to take an iterative approach tot e configuration. Statement of Work for[CLIENT]17/29/2019 GovQA!Confidential 3 Page 408 of 972 y� ) P �'%j;� i l'11f 900 S. Frontage Road, Suife 110 i Woodridge, IL 60517 Phone:630.985.1300 I Fax: 630-985.1310 Responsibilities li r Project Management 1° e Initiate/prepare Kickoff Presentation Participate in Kickoff Presentation and Kickoff Presentation identify key stakeholders Create project plan with milestones, Participate in planning, identify Subject due dates, and weekly status updates Matter Experts I Project Timeline Provide weekly status reports and Provide feedback for weekly status timeline updates reports, distribute to key stakeholders, Weekly Status Report identify possible issues 3 Documentation of completed j im lantation Review and accept documentation Email p Requirements Gathering 4 - - Provide templates and conduct Participate in work sessions, provide Complete templates with sessions to gather information used to current and future business processes data inputs build and test platform i Identify report requirements Participate in creating report , Email confirmation of requirements report requirements Statement of Work for[CLIENT] 7129/2019 GovQA Confidential q Page 409 of 972 P L VOk / kTL 900 S. Frontage Road, Suite 110 i Woodridge, IL 60517 Phone:630.985.1300 I Fax:630-985.1310 Build/Configure/Test NNE1 r it i Design, build, configure, document, Observe and learn how to set up, verify, Overall instance setup transfer knowledge, and test the overall and make decisions configuration required to produce a functioning instance Configure public portal branding, Define branding and page layout Portal setup& i including HTML layout,within i configuration Customer's website with access to the j public records request solution j i Create letter and email templates to Provide and review template content Email and letter templates support the business process Configure custom fields for service Provide required custom fields Custom fields request Enable Customer to publicly post any Manage staff functions and access Public Archive Process record requests Configure fee and time tracking based Provide and confirm pricing mFee and time tracking on the business rules i k Configure knowledgebase for internal Provide answers to questions in Knowledgebase&content and external use on portal, and import knowledgebase answers. Configure service request forms and Provide requirements I Service requests field level validation as required Establish and configure initial list of staff Provide staff list with indication for level Security credentials, setup, members' security credentials and of access ; video instructions create training videos for creating, ' revising, or deleting employee information Validate/build/configure/test activity Participate in validation Build/configure/test report (email notice) Reporting Create customizable report templates Observe and verify setup,further design Report templates that can be exported to a spreadsheet custom reports that are available upon or PDF completion or delayed Knowledge transfer: best practices, Understand best practices and reporting report exports export process Statement of Work for[CLIENT]1 7/29/2019 GovQA Confidential 5 Page 410 of 972 900 S. Frontage Road, Suite 110 1 Woodridge, IL 60517 Phone:630.965.1300 I Fax:630-965.1310 User Acceptance Testing (UAT) Support Customer with documentation Write UAT plan and test cases as UAT Test Process for test case development, responses to needed, perform testing,document test result issues, updates to issues,communicate to GovQA configurations and modifications to portals. i Assist with setting up test accounts for Setup test account Test Accounts setup role-based testing Training and Support swami Provide orientation/training at the Participate in the orientation/training, Out of box training beginning of the engagement to ensure prepare and process a training survey materials: that team members have clear for quality "Get Started Guide" understanding of the capabilities of the solution Provide a training plan that covers the Participate in the training planning I Training plan (medium types of training, roles of users who sessions, update the training plan with level detail) should attend which training,training specifics about people,facilities, and materials provided for each training, timing. Validate that deployment training and training logistics/needs from the covers the as-built and that the as-built Customer training materials are adequate. Provide two administrator training Participate in the administrator training Training Results Report sessions for configuration of portal and and provide feedback (E-Ntail notice ok) administration of the instance,with knowledge areas inclusive of the Build/Configure/Unit test activity. Provide two deployment training (as Participate in the deployment training. As Built Training Materials, built)to the users based on the training Prepare and process a training survey Training Results Report plan. Record the training sessions and i for quality. (E-hfail notice ok) provide recording videos. Statement of Work for[CLIENT]17129/2019 GovQA Confidential 6 Page 411 of 972 r' 900 S. Frontage Road, Suite 110 1 Woodridge, IL 60517 Phone:630.985.1300 I Fax:630-985.1310 Maintenance and Support Customer will be assigned a Client Relationship Specialist who will contact and work with them on an ongoing basis once the Public Records Request System is live. 60 Day Follow up Call/Quarterly Calls The Customer should expect their first scheduled status review call 60 days after their"go live"date and then quarterly after that.These calls typically cover: • Implementation process satisfaction • Additional training if needed • New features as released • Application Usage • Any application configuration changes that may need to be made/updated • Update contact information Additional Support Tools GovQA offers a full suite of training products to assist users in furthering their education on the platform. • Online Training Tool Videos: 1 Minute clips of basic&advanced"How To"videos that cover all functionality within the GovQA System • The Quick Reference Guide:This manual guides the user through basic responsibilities throughout the GovQA System. Methods of contact Support Phone Number I Fax Number Email 877.493.0164 630.985.1310 support@govga.com f i Hours of Operation Customer Support hours are from 7:00 AM to 7:00 PM CST, Monday through Friday. Requests can be submitted online 24 hours a day. During off hours, critical and technical concerns should be logged at www.supportga.com which automatically alerts the technical staff on call. Statement of Work for[CLIENT]17/29/2019 GovQA Confidential 7 Page 412 of 972 900 S. Frontage Rodd, Suite 110 j Woodridge, IL 60517 Phone:630.985.1300 i Fax:630-985.1310 Customer Support Levels Level One Notification Minimum product functionality impact to the user. No significant business impacts. Level Two Important Significant product functionality affected. Production usability impacted. Level Three Critical . Product is non-operational without a workaround resulting in severe business impact. M, _ Im" Level 1 Minimum product functionality impact to the user. 24 hours No significant business impacts. Level 2 Significant product functionality affected. 4 hours Production usability impacted. Level 3 Product is non-operational resulting in severe business impact. 30 Minutes { No workaround is presently available. Fee Schedule Billing Fees are exclusive of all taxes; complete annual service cost is billed on an annual basis in advance; and, due Net 30.All implementation fees are billed upon contract signing. Payment Terms Payments are due Net 30. Payments over 45 days from invoice date will accrue interest at a rate of one(1%)per month. Renewal payments made after contract renewal date will accrue interest at a rate of one(1%)per month. Remittance All payments should be made directly to GovQA, and will not be deemed received until actually received in GovQA offices. Please remit all payments to: GovQA, Inc. 900 S. Frontage Road, Ste 110 Woodridge, IL 60517 Statement of Work for[CLIENT]17/29/2019 GovQA_Confidential g Page 413 of 972 GOV01% 900 S. Frontage Road, Suite 110 i Woodridge, IL 60517 Phone:630.9810.1300 I Fax: 630-985.1310 One-Time Implementations 201925 ! Exchange Platform with FOIA Solution Implementation X 201948 CRM/311 Citizen Engagement Implementation j Waived X 201927 Online Training—Administrator Included X li 201928 Online Training—Users(2 sessions) Included 201965 Attachment Search with Image to Text Conversion(OCR)Implementation 201949 ADFS/Single Sign-on Implementation 201938 : Payments Implementation 201939 Invoicing Implementation x 201929 Additional Online Training 201940 Claims Implementation 201930 Attachment Search Implementation 201966 Customer Email Tracking Implementation 201931 a Subpoena Duces Tecum Implementation 201933 Legacy Data Import 201932 ; Legal Holds Implementation 201934 Subpoena Appearance Implementation 201926 ' Onsite Training (Per Trainer, Per Day) giMom $13,400 Statement of Work for[CLIENT]17/29/2019 GovQA Confidential 10 Page 414 of 972 ,&`OVQ� 900 S. Frontage Road, Suite 110 i Woodridge, IL 60517 Phone:630.985.1300 i Fax: 630-985.1310 Annual Subscriptions 201901 Exchange Platform with Public Records Solution(1 Request Type Related to Public Records) X i 201947 CRM/311 Citizen Engagement $12,400 201906 ! Fortress Hosting j 201908 Redaction License 201912 Storage( 50OGB ) j X j 201919 j API Library Access $1,000 201907 Attachment Search 201963 Attachment Search with Image to Text Conversion(OCR) j 201964 Customer Email Tracking 201905 ! Invoicing j j 201909 RDFS/Single Sign-on i 201911 i Payments(Using approved provider(s)listed on page 15) 201945 Non-Emergency Reporting r-- i i 2019021 Claims 6 j 201903 Subpoena Duces Tecum 201904 I Subpoena Appearance I 201910 Legal Holds X 201924 Mobile App- Included 201946 Social Media Archive 201921 Custom Option Statement of Work for[CLIENT]17/29/2019 GovQA Confidential 9 Page 415 of 972 &0 V 0, 900 S. Frontage Road, Suite 110 1 Woodridge, IL 60517 Phone:630.985.1300 1 Fax: 630-985.1310 Project Change Procedure The following process will be followed if a change to this SOW is required: Schedule will be the vehicle for communicating Change.The Schedule must describe the change,the rationale for the Change, and the effect the change will have on the project. • The designated Project Manager of the requesting party(Contractor or client)will review the proposed change and determine whether to submit the request to the ether party. • Both Project Managers will review the proposed change and approve it for further investigation or reject it. Contractor and client will mutually agree upon any charges for such investigation, if any. If the investigation is authorized,the Client Project Managers will sign the Schedule, which will constitute approval for the investigation Charges. contractor will invoice Client for any such Charges. The investigation will determine the effect that the implementation of the Schedule will have on SOW price, firrieline and other terms and conditions oft e Agreement. ® Upon completion of the investigation, both parties will review the impact of the proposed change and, if mutually agreed, a Change Authorization will be executed. • A written Change Authorization and/or Schedule must be signed by both parties to authorize implementation of the investigated changes. IN WITNESSWHEREOF,the parties hereto have caused this SOW to be effective as of the day, month and year first written above. Customer GovQA By: --------- - ---- _ Y Name: Name: Title Title GovQA MAKES NO REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS OTHERWISE STATED HEREIN OF THE SERVICE(S) AND SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING,BUT NOT LIMITED TO,DATA LOSS AND BUSINESS INTERRUPTION,AND THE PARTIES AGREE THAT THE ONLY REMEDIES THAT SHALL BE AVAILABLE TO CUSTOMER UNDER THIS AGREEMENT SHALL BE THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. GOVQA'S LIABILITY UNDER ALL CIRCUMSTANCES INVOLVED HEREIN THIS AGREEMENT IS EXPRESSLY LIMITED TO THE AMOUNT RECEIVED BY GovQA UNDER THIS AGREEMENT. Statement of Work for[CLIENT]17/29/2019 GovQA:Confidential 11 Page 416 of 972 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191336 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/14/19 VENDOR 17529 SHIP TO: TO: CINTEL LLC City of Boynton Beach 150 HUDDLESTON RD, STE. 4 POLICE DEPARTMENT PEACHTREE CITY, GA 30269 2045 HIGH RIDGE RD. BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: • �® ` DATE NEEDED: BID N0: [C�OMMISSIONAPPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2. 00 EA CLARITY VERSION IPC2 I5 WITH 3667. 9000 7335 . 80 WINDOWS 10 8gb ram, 250 gb ssd l camera system VENDOR ITEPti NO':= CI:N PC',CL ZPC2-1. 2 2. 00 EA POWER-'S.EN '`REM9TE MONITOR 199. 9300 399. 86 CONTROL VENDOR ITEMNO: -. NET TP DIN:_ " M0NITfl;R W 3 2 . 00 EA COLLECTION. AND DELIVERY..TO BB-PD 10.004:00 00 2000. 00 acope Rework existing Single camel a m6l LPR Ta:%:l e r s to CLARITY System ; Collect, :Rew6rk and deliver ffnished units back: to :;Boynton Beach Pollce Dept r *' Cintel will provide a -Loan 2 Camera CLARITY `LPR speed: trailer while srrork :is being underIaken: *Reu.tiliz:e existzng.NDI: LPR Carriers Quote: assu.mes t;he following Items are serviceable, acid canbe _ 1.r. e A full "inspection will bit� un'.ettraken as palet of the.. re rd it.process anis c� s::mer. will: be lnformed. if. anything !:a. found to be.: uns.erva.ceable;, * Solar Panels. :and So1ar Charging Systems * AGM 12V DC Batterys * Mains Battery Charger System * Cellular Modem VENDOR ITEM NO. - DELIVERY ��PROCUREMENT SERVICES: '"' P.O. TOTAL: ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 417 of 972 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.Q. BOX 310 P.O. #: 191336 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/14/19 VENDOR 17529 SHIP TO: TO: CINTEL LLC City of Boynton Beach 150 HUDDLESTON RD, STE. 4 POLICE DEPARTMENT PEACHTREE CITY, GA 30269 2045 HIGH RIDGE RD. BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID N0: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST REMARKS : 14P'R CAMERA �P A"r E Esor MATE #CIN02318 DO NOT MAIL PO - P.D. WILL SEND TO VENDOR PROCUREMENT SERVICES: P.O. TOTAL: 9735. 66 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 418 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191336 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/14/19 VENDOR 17529 SHIP TO: TO: LINTEL LLC City of Boynton Beach 150 HUDDLESTON RD, STE, 4 POLICE DEPARTMENT PEACHTREE CITY, GA 30269 2045 HIGH RIDGE RD. BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM I'T'EM NO. AND DESCRIPTION UNIT COST COST ******************************************************************** * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* --------------------- _ REQ/ACCT DATE, REQ BY -.--- -®®®-- PROJECT AMOUNT -------------------- _ _ __ / ----------7000. 00 0000074461 08 07/19 POLICE 00121105216415 0000074461 08/07/1.9 POLICE. 2735. 66 00121115216415 -------------- ---------------- PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT PURCHASING Page 419 of 972 CITY OF BOYNTON BEACH kREQUEST FOR PURCHASE OVER $109000 8/7/2018 Requesting LIC I /ZELLER Explanation r : This is to upgrade the NDI Technologies license plate reader(LPR) systems (2 trailers and a patrol car) to Cintel license plate reader systems. This will ensure all LPR systems are accessible and managed through a single interface and there is only one vendor to work withexisting systems as well as the new LPR systems beinginstalled for Town Center, 7IJ l . We-commended Vendor Cintel Dollar Amount of Purchase20,794.84 Source for Purchase (check and affach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other I IV Contract r: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Source : Computer quip ent 001-2110-521-6415 (7,000), Computer Equipment 001-2111-521-6415 (15,794.84) 'Approvals: - Department Hea A14 Date Purchasing Age Date cv Asst City Manager Date City Manager Date !.T ? 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E E @ a M n 0 m yid m'C H 1 !y z r- r- 9@@ n F­ a O m z I COCdCzO G) LCIH H m M M a p r rrtJ r H w rr s N- @ @ O ' x t'13 t'73 td m w a (D m M B ::, H,Z b z p ((DD N (MD (XD N ((D a m rr HHHyH m rn a @y r m pum ro 3 H n n y m pu H H n O C n 1 N u r W m z m td Hh o a H ro n [ M @ Nx ttj ted I 1 d r Id tj PO z ' t-I b LM H I d H H i O td ro H H 1 paz O O O O O O 04 C�%7 1c•1 ' H Idz H N y d PU I D t=1 H m 3 ' 10 n o 1y H 0 O I J m H w 7 O o H m H o y l w H oIDm M o H H O O lO s O i m z Hy o Io to I o w o tr" m ci z o O o 0 o 0 O H I � t=9 m N J J O W W O tO 1 ()1 O to lP O IP N I • pB O m m O Ir O m N I z l 0 1 I PC 1 I � ' r I H< d z n td m th H xJ ; H I H w J I ro w n w o 0 H tn-I H H Io to o 0 I z I i W to H I m m O I 3 ro •• •• m o o y O n z N m m H H w o ' O H � H H I I $ I ID l0 Page 422 of 972 Z¢o I aged api.a� ��.�Ilgq��nraoaa� �tll�aff0 •«slrrl afield„jo suolluoUpou anraoaz pine speaz aleld asuaoil iojjuour of asn of snogjo Ioj ura}sxs Duo Xjuo aq jjim azagu Ieqp sueauz osje siu •aoueuajulnuz pue goddns zoj gjim 31zom oI zopuaA auo Ajuo tp.rm `azemgos put, azempzeq paazoddns Xjjn3 uo Rui�ezado st regi uraisAs a ur jjnsaz Ipm srgZ waCozd azenbs umo,L Dip jo Ind se Ruillulsui si Xjjo aql suralsXs I31uTO AM aqI se Ilam su poAoldap Xjjuaum suxa;sXS I0R0 DID jo Isaz DID tp!m palezgalur aq uagp jjim stuoIsAs asagy •ura,sXs jalut0 e 01 suralsXs asaip ape.Rdn of popummuooaz sr 11 •um sXs -dd'I sarRojougoas IQN aq,gjim pal4gino XjIuauno ajoigaA joz4ed a put, szajtezj oml an azagZ •ajquPPAL, zafuol ou aze sogojud Xjunoas pue sajupdn Imp sueaur goigm `:gosozoiW Xq lroddns mpun za5uoj ou si jegj osegeiep e gjjm zaAzas a uo gupwdo sr umisXs sw2ojoug3Q L jQN aql `uor}tppe ul zagjo gobo gjjm umitluuojui azegs IOU op szopuaA asagj uzozg suraIsbs &J-1 •jaIut0 pue soaojougoaj IGN `szopuaA om4 urorj suioisXs zapuaz ajeld asuaorl i?ui�ezado Xlluazzno si}uatulmdap aorjod aqZ auauzaozojua muj 101 1001 i?utIgBg Duruo ajqunjeA a oq of uanozd aneg sumIsXs (2Id'I) npeaz alejd osuooiZ INUD-wd'I :RX spnwlw i?rez0 :w0-d3 fzo2az0 •O javgomiom :OZ 610Z/L/8 :H L` G SSI9'ZOL'I9S faaaSy ;uamaaloJad ese7 ---- OWEIN ZdNwgZrqF ADNRDV---- 00,9711L'195 P;Mpaaaav vaj V SZ6££ le xog,Ipwad fog s !M! s auo;!an sao!AnS jjoddns PRO Jae TSV 3a!go luelsissV 9ogod3oji!gD � , 01[n!!)aa gdasop ,uoug'M essaQeA SjoBwE)•9[aega!LN _. a jua pu a aaijol "acag uojuXoEj Page 423 of 972 Estimate PeacSte htree GA 30269 Date Estimate o. um . .w.. ... . . ..._.__,: Safe. secure. simple. 6/17/2019 CIN02318 Name/Address City of Boynton Beach Police Dept Rep FO' AR item Description Qty( Rate Total City of Boynton Beach Police Dept-Fixed LPR .. Trailerr Retrofit Scope:Rework existing Single camera ND LPR Trailers to CLARITY System. *Collect,Rework and deliver finished units back to Boynton Beach Police Dept. i Cintel will provide a Loan 2 Camera CLARITY LPR speed trailer while work is being undertaken ! r I *Reutilize existing NDI LPR Camera Quote assumes the following Items are serviceable and can be j reutilized,A full inspection will be undettaken as part of the j retrofit process and customer will be informed if anything is found to be unserviceable: 1 ( i I'*Solar Panels and Solar Charging Systems ° i' *AGM 12V DC Batterys *Mains Battery Charger System ; *Cellular Modem � I � CIN-PC-CL-IPC2-1 Clarity version IPC2 i5 with Windows 10,8GB Ram,250GB 2 3,667.90 7,335.80 SSD 1 Camera System NET-TP-DIN-Monitor-WEB2 PowerSens Remote Monitor/Control 2 199.93 399.86 I I DELIVERY Collection and Delivery to/from Boynton Beach Police Dept 2 1,000.00 2,000.00 Delivery ETA 20-30 Days ARO i I Total USD 9,735.66 i Phone# i Fax# E-mail Web Site 8558625468 8558625470 Accotmtti«r cmtelusa com cintelusa.com Page 424 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191337 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/14/19 VENDOR 17529 SHIP TO: TO: CINTEL LLC City of Boynton Beach 150 HUDDLESTON RD, STE. 4 POLICE DEPARTMENT PEACHTREE CITY, GA 30269 2045 HIGH RIDGE RD. BOYNTON BEACH, FL 33426 REQUISITION NO. 74466 ORDERING DEPARTMENT: POLICE • ' `r _ ._- DATE NEEDED: BID NO: I COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA CINTEL PERMANENT VEHICLE INSTALL 17309.1800 17309. 18 KIT. INCLUDES LPR Cameras, LPR Processor., :Ce-11 Reuter,; 4. camera perpetual CLARITY: TPR .. ..... Licen. e: : VENDOR ITEM NO CTBT LPRMOBP:fK4CAM 2 1. 00-EA DISCOUNT E'OR RE: USE. OF EXISTING 70.00 0000 7000. 00- ]M51 CAMERAS T ;NDOR ITEM NO. - DISCOUNT 3 1. 00 EA ONSITE INSTALLATION AND. SETUP SOD 0::000 600. 00 VENDOR I:`I'EM NO.i: INSTALL 4 1. 00 EA DELIVERY 'TO BO'NTON ;BEACH POLICE15p, ?p00 150. 00 DEPT VENDOR ITEM No::.: DEL-IVERY REMARKS::. :PR .SYSTEM :UPGRADE`.FOR. PD ESTIMATE; $#CIN02319:; DO N.M. ;MAIL :PO: P ). WILL SEND .TO VENE701? PROCUREMENT SERVICES: [ P.O. TOTAL: 11059 . 18 ACCOUNT NO. PROJECT 001-2111-521.64-15 PURCHASING Page 425 of 972 z tiCITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER y Date: 8/7/2018 Requesting LICE I /ZELLER Explanation rPurchase: This is to upgrade the NDI Technologies license plate reader(LPR) systems (2 trailers and a patrol car) to Cintel license plate reader systems. This will ensure all LPR systems are accessible and managed through a single interface and there is only one vendor to work with on existing systems as well as the new LPR systems being installed for Town Center. 1116!571 jov 7 1- Recommended r Cintel Dollar Amount of_ Purchase ,794. 4 Source r Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract r: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Purchase:Fund Source for Computer imt 001-2110-521-6415 (7,000), Computer Equipment 001-2111-521-6415 (5,794.84) i r Approvals: Al f e t Date / __ Purchasing Date=C3 Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 426 of 972 e Ol Ql I � H ri I I x i I H m o 0 o m 16 > a u H H R1 z W en a a i H H z W H zu I a i 1 I o t. O O O O UI I I H H H H C M O 0 Ho O ; n n H ro Y H u) w - H I O D 0 0 o o d o z Oo a m o 0 o z m o x O O H W o a (a:7 0 0 o voi H H IrO1i i E o O zH o In H O O W H I fi H D ri I o U E O $ v) W H W H qy �NI H a I a F W PG IiI FC 4 RC .D I O u E z ac4 r w w w w a w z z >.a7 I a i w o .tea H 14 x I O O O O i H G F aV W H a E. aG I H H H U) 4 Ul 0 w x D H vj zzW E+ H Of W aG 9 iz H a Q a Q a D w w w a 0 H a U z ,7 F W "Ua I .q7 10-I U1 I U H7. z z z H N m a U) a a) FC i WW WW W W H rd r z R' W I a a a a H I H U gg I H EHE+H[�S-IH E CR u H I awawawaw w suN E IIy a I w$w9w$wx N. C H Sa H W I a a a a E U) (L) I gHgHF5 2 ,g7.,HqH U).4 E a IU W z I �a of baa 0zq',OI m� U a U m C7 UJ w U H C7 I w w w w >14 O W w H a z N >a >^ m+)'d 1 H Ucx Huw auad a H aaaaaaa14 U) HFC HHr.0 r)HFC OU W W WwwwW W PG 3 U) I z 9^s v1 9 3 E>3 a q z H z H z H z E a U 1 I H 14 r4 E. 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O .. .• N In m In w v re m re H I W ma >I Q W pl q VIS q E>+CI ' E. z H I W Ula HO EO zH0 FO O a -U H E EH H H .�H Ory N N N U CLa m H 6 m Or U1gS zQE Q1 ctiq E O a re SaE m00 DO0 w00 w00 I UH H H H �+� ••+ H a : w FI a H 0 x u 0 x u H u > u I U O O O O z U) I E m U),$t u 2:ppq H w H W I a'O O O O O 04 H O 1 z rc40 u0 u)OD w) !) a0D I H a)a) m W a UU.aI u.lUm qUu) OV y WQU VJ i H m 4 W y re re 4 H L a U m W H H N mVI a N O q 4J I I a a L 04 Id Page 427 of 972 Doynton Beach Police Department Michael G.Gregory Vanessa K.Snow Joseph DeGiulio s $ Chief of Police Assistant Chief Assistant Chief Support Services Uniform Services P.G,Box 310 A CFA Accredited Boynton Beach,FL 33425 Law Enforcement 561.742.61O0 ----AGENCY INTERNAL MEMO---- Agency 561.742.6185 8/7/2019 TO: Chief Michael G. Gregory Craig Richards L -Cinte License plate reader (LI' systems have proven to be a valuable crime fighting tool for lair enforcement. The Police department is currently operating license plate reader systems from two vendors, NDI technologies and Cintel. LPR systems from these vendors do not share information with each other. Irl addition, the NDI Technologies system is operating on a server with a database that is no longer under support y Microsoft, which means that updates and security patches are no longer available. There are two trailers and a patrol vehicle currently outfitted with the NDI Technologies LPR system. It is recommended to upgrade ese systems to a Ci tel system. These systems will then be integrated it the rest of the Cintel systems currently deployed as well as the new Ci tel systems the city is installing as part of the Town Square project. This will result in a system that isoperating on fully supported har w e and software, with only one vendor to work with for support and maintenance. This also means that there will be only one system for officers to use to monitor license plate reads and receive notifications o "plate is Civility Accountability Pride Page Iof2 Page 428 of 972 Estimate Ste 400 _ ���'�� `� �� � Peachtree GA 30269 ate I Estimate o. . m. Safe. Secure.Simple. 6/17/2019 CIN02319 Name/Address City of Boynton Beach Police Dept Rep POB AR Itsrt Description Oty1 Rate Total City of Boynton Beach Police Dept-4 Camera Vehicle Installation Scope:Rework existing 4 camera NDI Mobile LPR system to CLARITY *Reutilize existing NDI LPR Camera t i Quote assumes the following Items are serviceable and can be reutilized,A full inspection will be undettaken as part of the retrofit process and customer will be informed if anything is found to be unserviceable: *LPR Cameras *LPR Camera Power Supply *Cellular Modem i CIN-LPR-MOB-PIK-4-CAM-CLARITY j Cintel Permanent vehicle Install kit. Includes LPR Cameras 1 17,309.18 17,309.18 LPR Processor,Cell Router,4 camera perpetual CLARITY LPR 4 License. DISCOUNT Discount for re use of existing NDI Cameras -7,000.00 -7,000.00 INSTALL I Onsite Installation and setup_ 1 600.00 600.00 i DELIVERY Delivery to Boynton Beach Police Dept 1 150.001 150.00 Delivery ETA 20-30 Days ARO I � i 1 Total USD 11,059.18 C Phone# Fax# E-mail Web Site 8558625468 8558625470 Accounts(ikintelusa.com cintelusa.com Page 429 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. : 191339 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/15/19 VENDOR 4397 SHIP TO: TO: JOHNSON-DAVIS INC. City of Boynton Beach 604 HILLBRATH DRIVE WEST WATER ADMIN LANTANA, FL 33462 5469 W. BOYNTON BCH BLVD. BOYNTON BEACH, FL 33437 REQUISITION N0. 74449 ORDERING DEPARTMENT: UTIL PWT/WWTP MR DATE NEEDED: BID NO: COMMISSION APPROVED: e EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA MOBILIZATION 750. 0000 750 .00 2 2 . 00 EA VALVE REPLACEMENT 7500 . 0000 15000 . 00 EPIL CEMEN OF (2) VALVES fa'OR THE NO Tit `IREATME1 ' PROCUREMENT SERVICES: P.O. TOTAL: 15750 .00 ACCOUNT NO. PRC C, 401-2811-536.46-20 PURCHASING Page 430 of 972 Ol a) I \ e I I m 00 1 ' O O I d W W E. OO O O �H�ee ,E..aa QG I I ILn 0 0 6n 5H O W AI 1 z ' W > � > H I 1 w� � tib:.. •: .. �° , A 1 az H WOp z I a E+ 1 0 z W I H p E, I c, o O > 0 0 �+. ° � 7 x w o " ® o H HU 1 O O o i i 0 0 fx DC I Ln o in I H O W 1 r o r 1 z U I Ln In I W H W I Ex m E1 a 5 EHH 1 O O 01 00 1 z Vim^ W A HO i O ® wa 00 1 Fs ZU i o O O oU Cq r W O 1 o O O H I H W O ✓ z i Lf) 0 H oN p y + ® z W in ko 1 O O r O 1 r o A NN 1 4 O FD H cx W U) H N r I ril a i s Cio fA M 1 Z a44 O I W w a 1 O U z 4O A t i W Sih O z O OP4 Hz H 1 0 0 ' i z Ix PP4 tD Ei P1 W H 1 U [!] 04 04 W O H H U ' W A Ey U A l ' x W W CXi iH WH A H z O H W � Cf1 CA I I t7 O W 1 U z 1 ' ' H 1 W W i UZU'7� a ',�"T'T•e a z z z W H W W z z w H� I I 04 H 1 G.1 W P4 W 1 H H OH OH i yy Ary I eW\W 1 111-W---1111 ply FW-I 1 H 0r4 H F-4 13z \ W I W vd 04 V1 I QI�D P�I A WOWa W 3 W W£ i fkWfxW a H H en I HW HHw i O o H W ' A� Wpb4 v L4 O z 1 d •• °• 1 in lB5 z H F-I i PHO NH O 1 �H�,`�-I H OH U ai NpE apX i � OD N ON N U] o FA U i HM® °wo..s�O UO d C4 0 r M �.v � W W p i O�UU] TUU] i �t IX H W 1 14' x z fx I rs N i H H N az1 1 1 a Page 431 of 972 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 -1 Requesting itLeoni Replacemento ( )valves for the North TreatmentBasin I w ofiar Amount of Purchase $15,750.00 �� Source for Purchase (check and attach backup materials). ' � �'""��"�' ' Three Written Quotations GSA State o act PRIDEIRESPECT SNAPS Sole Source Piggy-Back t Item Emergency Purchaser Contract Number: TE: Pricing proposal for purchase must be presented in the same detail contained YAWn the contract. 401-2811-536-46-20 I Department Head Date Purchasing 8" II q Asst City Manager t Manager t Fomn Revised 1 Page 432 of 972 ' Utilities Department 124E.Woolbright Road Boynton Beach,Florida 33435 �* fr Phone(561)742-6400 a FAX.(561742-6298 e . OFFICE OF THE DIRECTORUTILITIES QUOTATIONS ITEMS QUESTED: Replacement of two(2)valves for the North Treatment Basin VENDOR#1: Johnson Davis Inc. DATE: 8/5/19 CONTACT PERSON: Clarke Cryer PHONE BER: 561-588-1170 QUOTE: $15,750.00 VENDOR#2: GlobalTech DATE: 7/22/19 CONTACT PERSON: Bruce Rahmani PHONE NUMBER: 561-997-6433 QUOTE: $29,500.00 VENDOR #3: Madsen/Barr DATE: 7/2/19 CONTACT PERSON: John Barr PHONE NUMBER: 561-753-6363 QUOTE: $29,621.25 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 433 of 972 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: H.T.E.REQUISITION# (J Clerk: _I Procurement Asst: Director: City Manager(non b getl ca,.ital and/or$50eO�. 00 REASON FOR PURCHASE: Replacement of two(2)valves for the North Treatment Basin VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Johnson Davis Inc. Admin. ( ) Date: 8/6/19 ASAP (x-) Address:604 Hillbrath Dr. Engineering ( ) Date Needed:08/22/2019 Confirm. ( ) Lantana, FL 33462 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): Clarke Cryer Water Qual. ( ) Quotes/Verbal O E.Admin. 40 ( ) (over$500) Phone: 561-588-1170 Pumping ( ) Quotes/Written (X ) E.WTP 4-1 ( ) Fax: (over $2000) Vendor Number :4397 PWTreat. (x) Bid Docs. O W.WTP 42 (x) Meter Serv. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Leon Liberus, Chief O r Sewage ( ) Insurance ( ) Special Instructions: ' Requirements: APPROVED: - v Strmwtr. O Project Number: --. ! Quan Urnt Price c-tion& Part Number Fund Dept Basic Elem Obi Amount _.. _-.� t 1 $750.00 Mobilization 401 1 2811 536 46 20 $750.00 _ ..... ..............._.M.... _..x. : 2 j $7,500.00 Valve Replacement $15,000.00 l ... i r .. _ ...._ _- u Total $15,750.00 Page 434 of 972 v' P m. Coverage Extension Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of Enda Producer No. __Add`I.Prem Return Prem. BAP 9813380-01 07/01/2019 07/01/2020 39028000 INCL THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section 11—Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured"while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a.and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations,whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW(04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 435 Of 972 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section 11—Covered Autos Liability Coverage does not apply, D. Driver Safety Program Liability and Physical Damage Coverage 1. The following imadded tothe Racing Exclusion inSection U1—Covered Autos Liability Coverage: This exclusion does not apply tocovered ''outom^ participating in a driver safety program event, such asbut not limited to, auto ortruck rodeos and other auto ortruck ngUitydemonst�diona. ' 2. The following in added to Paragraph 2. in the Exclusions of Section UUy — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2'b' in the Exclusions of Section |V — Physical Damage Coverage ofthe Motor Carrier Coverage Form: This exclusion does not apply to covered ''eutoe^ participating in a driver safety program eventsuch on but not limited to, auto prtruck rodeos and other auto ortmokagility demonstrations. ' ' E. Lease orLoan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease/]vLoan Gap Coverage In the event of a total"loss"to a covered"auto", we will pay any unpaid amount due on the lease or loan for a covered .,auto", less: a. Any amount paid under the Physical Damage Coverage Section nfthe Coverage Form; and b' Any. (1) Overdue lease orloan payments etthe time ofthe^|owm^; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned bythe lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan orlease; and (5) Carry-over balances from previous leases orloans. F. Towing and Labor Paragraph A.2. ofthe Physical Damage Coverage Section isreplaced bythe following: We will pay up to$75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must beperformed adthe place ofdisablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a.of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. Howevmr, ifglass can berepaired and is actually repaired rather than nap|aced, the deductible will bexvoived. You have the option of having the g|oem repaired rather than replaced. H. HimmdAmtmPhysicmUDamnaga—|ncnemmed Loss mfUse Expens�s The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured"becomes legally responsible to pay for loss ofuse ofmvehicle rented orhired without odriver under awritten rental contract orwritten rental egnwement e vvii|pay for loss ofuse expenses ifcaused by: � VV u-Ca-424'Fovv(0*n* (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto'; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto'. However, the most we will pay for any expenses for loss of use is$100 per day, to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an "insured'; and (2) In or on a covered"auto'. b. Subject to Paragraph a. above, the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for'loss"to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same'loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph .2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto'at the time of"loss". The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such'loss". U-CA-424-F CW(04/14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page ge 3 Of 972 K. Airbag Coverage The Exclusion in Paragraph .3.a. of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us,the following applies for each covered"auto"on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest)deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest) deductible. M. Physical Damage—Comprehensive Coverage—Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos"damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all"loss"from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A.Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the owner for"loss"to the temporary substitute"auto" unless the"loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other pa rty. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident,Claim, Suit Or Loss Paragraph a.of the Duties In The Event Of Accident,Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW(04114) Page 4 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 438 Of 972 agent, servant or employee of the"insured"to notify us of any "accident", claim, "snit"or"loss"shall not invalidate the insurance afforded by this policy, Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is arae or "suit" is brought, written notice of the claire or"suit" including, but not limited to,the date and details of such claire or"suit"; (2) The"insured"se"name and address; and ( ) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or"loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident"or "loss", provided that the"accident"or"loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance--Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Forms are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered"autos"you own: (1) Any covered"auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an a"employee",or elected or appointed official with your permission while being operated within the course and scope of that '"employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased" hired, rented or borrowed with a driver is not a covered "auto' R. Unintentional Failure to Disclose Hazards The following is added to the Concealment,Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Farms;or (2) Make an error, omission, improper description of"autos"or Cather misstatement of information. You must notify us as soon as passible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy, S. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period,Coverage Territory Condition is replaced by the following: ( ) Anywhere in the world if a covered"auto"is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury e e ined The definition of"bodily injury"in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-cA-424-F cw(04/14) Page 5 of s Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 439 of 972 . W. Expected OrIntended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section 11—Covered Auto Liability Coverage iereplaced bythe fnUmwing:, Expected OrIntended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" nr "property damage" resulting from the use ofreasonable force bo protect persons or property. V. PhysicaUDammege—AdditioumUTmmnponary Transportation Expense Coverage Paragraph A'4.a.ofSection III—Physical Damage Coverage inreplaced bythe following: 4. Coverage Extensions a' Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because ofthe total theft of covered ^euto" of the private passenger type. We will pay only for those covered ^outoo^ for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's empiration, when the covered "auto" is returned to use or we pay for its ''|oee^ W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following iaadded boParagraph A'Coverage bfthe Physical Damage Coverage Section: |.nthe event ofototal ^|pom^bzacovered ''auto^ ofthe private passenger type that ioreplaced xv�hahybrid ^oubo''nr ' auto" powered byonalternative fuel source mfthe private passenger type, wewill pay onadditional 1O96ofthe cost of the replacement ''auto'', excluding tax. title, |ioenea, other fees and any aftermarket vehicle upgnadee, up too maximum of$3G0D. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid ''ouho^. the ''auto" must be powered by conventional gasoline engine and another source of propulsion power. The other source ofpropulsion power must be electric, hydrogmn, propone, solar nrnatural gan either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An ''auto" ou|e|y propelled by` X. Return of Stolen Automobile The following iaadded tothe Coverage Extension Provision ofthe Physical Damage Coverage Section: If o covered "auto" is stolen and neoovenad, we will pay the cost of transport to return the "auto"to you. We will pay only for those covered^autoo^for which you carry either Comprehensive orSpecified Causes ofLoss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-c�424-Fcvv04/140 pa"-0m 6hcluuean^nv,|gmwmmuteno|ovmsuranoeSennnm0ffiom.mn..wmh its permission. [ @Qe 440Of 972 Additional sure — Automatic — Owners, Lessees Or ZURICHO Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. I Producer No. AWL Prem Return Prem GLO 9813382-01 07/01/2019 07/01/2020 39028000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. .Named Insured: Johnson-Davis, Inc. Address: 604 Hillbrath Dr, Lantana, FL 33462 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the'occurrence"which caused the "bodily injury" or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,With its permission. Page 441 of 972 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Comercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit'as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same'occurrence", offense, claim or"suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 442 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.0. BOX 310 P.O. #: 191348 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/16/19 VENDOR 17254 SHIP TO: TO: WEST ARCHITECTURE + DESIGN, LL City of Boynton Beach 820 N. 4TH STREET PUBLIC WORKS DEPARTMENT LANTANA, FL 33462 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 74418 ORDERING DEPARTMENT: ENGINEERING/ALGA/PM DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 10 . 00 HR ARCHITECTURAL 180 . 0000 1800. 00 PROGRAMMING-PRINCIPAL COMMISSION APPROVED 09/07/18 TASK NO.. ,U.Tn3ltl:rG.1:'. RESOLUTION IN RFQ: NO :0.4672821.­'j7./TP 2 36. 00 HR ARCHITURAL PRO'GRAMMING-PROJ 0 .11 . 0000 4680. 00 MtsR 3 8 . 00 HR ARC !TEC.T'.U.. RAL C .8.0 0 0 0 1440. 00 ONCEPTUAL 1 .0 DESIGN-PRINCIPAL: 4 38 . 00 HR. AkCHITECTURAL CONCE.PTUAL130.00110� . 4940.00 DE$IGN-RRbd1.CT. MGR: 5 3500. 00 DL 8URVEYING:: SERVICES:. 3500 . 00 6 1060 . 00 DL CONCEPTUAL ES 10.1\1 1 aQ 0 1060. 00 R ME 4' ......Q.�0 _.6-2 821-17y TP CO MISSION AIS 1T TAS.K :'ORDER UT-3 E"0 1. PHAs:E. I Q.N y IN ORDER TO PRO CEEb W*.I.Ta::- PHASE 2 & SE: 3, AN, AC'ENDA I° WILL NEED T. W. BEFORE THE COMMISSIONVOk�'APPROV. BIE R IDANGE FO E: A ORDER TO THEE8U'ED: s VENDOR: PRO JEC T No.:. X19 03 2 PENCE PARK ESIT PROCUREMENT SERVI P.O. TOTAL: 17420 00 ACCOUNT NO. PROJECT 303-411.5-572.63-05 RP1907 PURCHASING Page 443 of 972 M CIP'll"T OF BOYNTON BEACH tylt �`' �y�ttyt {i REQUEST FOR PURCHASE10,000 Date: 8/1/2019 Department:Requesting _PW-EngineeringPaola Explanation_ Purchase: - _ This ill be for the renovation of the existingc , located at 601 SE 4 St. This is the first phase of the project that will be programming, surveying o c l design for the amenities the City I like v , such as multipurposefield, villin , bathrooms, fencing, parking, r ll field. It willi I II propose threedifferent conceptual designs. Recommended Vendor West Architectual Ko�llarAmount Purchase $17,420 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back ete Item Emergency urcae Other 0 Contract r: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 303-4115-572-63-05, project#RP1 907 Approvals: t ! r4 ,ass Date 'G� C Purchasing Date Asst / City r Date CiJ:ty Date Form Revised 02/01/02 Page 444 of 972 rl rl 1 1 r-I N W I 1 0 o pq I I I 1 m m I I I I Ho 0 H I I W W fx I 00 0 H H FC I kO N r)1 I I O �+ O I A I I z • I x wl 1 H 1 a 1 I V1 w •m. 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Thank you very much, please let me know if you have any questions or I left something out, Paola Paola Mendoza Associate Fngineer S iG Public Works/Engineering Mailing Address: P.O. Box 31.0 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101 I Boynton Beach, Florida 33426 561-742-6266 " ED MendozaP@bbfl.us Boynton-beach.org/ �i ag r � 0'" Li Please be advised that Florida has a Broad public records lave and all correspondence to me via email may Be subject to disclosure.Linder Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 1 Page 447 of 972 0 ca CS a (a f S 0 to S 02 > a :3 0 c ea 3 CD M CD W �_ � J. � �. Q 2-. ® � `� � ��� M CD a CD C t-'0 5. `� c M sc 0 �tD ffi c Ln= M �" , m M W 0 to era roN - CD ma cs eu cs w w 0 e) ex co es Ma. CO � c� � � �' ro 940. 5- Rp, 8� � ® _ 9 — "� I,,=r N, ; Q ® + CO sCD cn en 00 us w CO e� a 0 a n n em c» . N p pcCD �t4N 0 CD :. op p p pa) p p 0 a CD n a 0C) asp ' c CL SOP e.s0 m cauls n9 iv0 C. as iD b b 6 b ` ^.d CTa m a a a 0Q e, b CD CD 10_ Cp 0 Q 0 0 00. 00 ® V) �be to 4A w 1W 1069 fA es Im a 0 C) ® C) O CSD e) 0 e) ® es b j 6 CD ® 00 t� � � . 0 w n� pr CD -n e w CA -' � � w cm a m P Ow � 0 .CD (n9 CD CD o CD m 0 > ea CL w 0 0 es ® � -4 w w to ero bam ® ® 0 e> N e� 0 00 0 11 b w w . go es o w ca0 � �w w -n v 0 Page 448 of 972 lssVl� Standard Form of Agreement Between Owner , s And Architect MEN MEN __ e . . Project T. A19-032 Contract No. A19-032-01 Title Pence Park_mmm7 Issue Date 06-07-19 Address 601 SE 4th St Subject: Architectural and Engineering Services City,State,Zip Boynton Beach, FL 33435 Contact Peter Ganci,Assoc.AIA,SEED AP BD+c Contact Paola Mendoza Title Principal Title Associate Engineer Company West Architecture+ Design, LLC Company City of Boynton Beach Public Works/Engineering Mailing P.O. Box 310, Address 820 N 4th St Address: Boynton Beach Florida, 33425 Physical 3301 Quantum Blvd., Suite 101 Address: Boynton Beach, Florida 33426 City,State,Zip Lantana, Florida 33462 City,State,Zip See above Phone 561-588-2027 Phone 561-742-6266 Email Lganc1 west-arch.com Email Mendog@j2bbfl.us 1. SCOPE OF WORK 2. CLIENT'S RESPONSIBILITIES 3. COPYRIGHTS AND LICENSES 4. COMPENSATION 5. SCOPE OF THE AGREEMENT West Architecture + Design, LLC. 820 N 4"'St.,Lantana, Florida 33462/Phone:561-588-2027/Fax:561-582-9419 License No.AA26001503/www.west-arch.com Initial._/ Page 1 of 8 Page 449 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191350 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/16/19 VENDOR 16713 SHIP TO: TO: SUPERION, LLC City of Boynton Beach RAMUNDSEN SUPERIOR HOLDIN ITS DEPARTMENT 1000 BUSINESS CENTER DR 3301 QUANTUM BLVD. LAKE MARY, FL . 32746 SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. 74515 ORDERING DEPARTMENT: ITS • ' 'i DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA FUSION OPEN MARKET - ANNUAL 13230 .0000 13230. 00 SUBSCRIPTION FEE SunGard Public Sector. Fuoion Open Market Maintenance Start. l:/l(2Q19, End:.. 12/31/2.019. 2 1. 00 EA FUSION AFS S P NLtiTi7AL; h1AINTENANCE .0 0 0 1 . 00 FEE S;uunGa�`d Public 'Sector Fusion _APZ' Maintnanco Start 1/1/2019, Enid 1�/31/:2019: REMARKS CONFIRMING.PUR:CHASE ORDER NVOIC:E .#245:8.74 -FUSION AVIS. TJT.IL'ITIES PROCUREMENT SERVICES: - P.O. TOTAL 13230. 00 ACCOUNT NO. PROJECT 401-2821-536.31-90 PURCHASING Page 450 of 972 CITY OF BOYNTON ` REQUEST FOR PURCHASE OVER $109000 } F Date: 8/15/2019 Requesting Department: ITS Contact Person: Aaron Burri Explanation for Purchase: Superion interface Fusion is a "gateway" product to allow, in a more efficient way, 3rd party entities access to the Superion database for business purposes. Fusion allows real-time or"live" information transfers and will be utilized by our 3rd party vendor Bi11213ay for bill presentation, payment processing and IVR information. Recommended Vendor Superion Dollar Amount of Purchase $13,230.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Utilities 401-2821-536.31-90 Approvals: Department Head ;- Date aof9 Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 451 of 972 QI 01 I \ \ I E o 0 0 1 i . E E i O o o b IC A �y M M Q Q I IIi N N I M M I N •-I I rf � ' 1 I H I [ Q I I 1 I , I , I I I L 1 to �. I � I ' O O O O O �• ro I O O O op O O O O M M H H N N M M I H H I U a � , a o 0 iz In I o o 0 oy VI ZO o E ' ° O a O H w o W RHS i m E+ O W W N O H W , M O O E D I r{ H O H m1 H , ml Ix a I H z a lrR w w Of ° W z O w z n p°S H i o O i z W H PL 04 (H11 4 O '-' I V d W H Z I I W I a w i z z 04 Q D H W W z m ° U N w Cw7 m U 7 w w a m W o O U > 5 E ' N I IC W aMm H z,J� i wmwv� cn O 4)H M Ha Ha 0 H x M \ I [PHaQq oRl�mrl ayE c>af a3 . wi wO ro0 a 04' WWHwoo i4 W HwM6 E >m] mwaw10, WaA4 w°wZ4 F4 ° S' Id L�owmaHHW r a (dron� � o° a\ a1q aa 4 wwoaz zmNaH wwIX ww " H ( S (d N cli W1Q wHV) i OE.Ox m RI QQQQQ aE PGH 0 sav,41 I orlopw; a 0 O W I ` N q o En W w aUi PU FggC z�� W ; o o 41 a i a E E x� Sa IC E 2 - N IC E i rn m W.0 W I NC1,01 41 0., r,lI.n. com]Q Ico H IJ,7N wO z aN0. O W E N }N.{H U H iNNN 0•4' Jyml rmvSRal I •'agON.Ii l EE ; w W 9H0 as EC14i 7O Ok! 'O J No 0 H.+A HaOVO l m a Ovo HSd aH O I V) PS-m O m ml 0•w[O��O I E '+d IQ U 4, W N o E+ i W CA£U W 04 U)Z / YG H Li w aNi to W I H N / I H H N H f-N O 14-1 U/W_W 10 a a h5pq P4 H I Page 452 of 972 Invoice C E T R A L S Q U A R E Invoice No Date Page TECHNOLOGIES 245874 7/22/2019 1 of 1 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 www.centralsquare.com Toll free 800-727-8088 Billing Inquiries:Accounts.Receivable@centralsquare.com Bill To Ship To City of Boynton Beach-RISC City of Boynton Beach-RISC ITS Department ITS Department 100 East Boynton Beach 100 East Boynton Beach BOYNTON BEACH FL 33435 BOYNTON BEACH FL 33435 United States United States i Customer No Customer Name Customer PO# Currency Terms Due Date 1173LG City of Boynton Beach USD Net 30 8/21/2019 Description Units Rate Extended Contract No.20501 1 Fusion Open Market-Annual Subscription Fee 1 $13,230.00 $13,230.00 SunGard Public Sector Fusion Open Market Maintenance:Start:1/1/2019, End: 12/31/2019 2 Fusion APIs-Annual Maintenance Fee 1 $0.00 $0.00 SunGard Public Sector Fusion API's Maintenance:Start:1/1/2019, End:12/31/2019 Please make remittance payable to Superion,LLC Subtotal $13,230.00 ACH/EFT: Routing Number 0710-000-39 Tax $0.00 Account Number 81880-15335 Bank of America(Phone 800-432-1000) Invoice Total $13,230.00 E-mail payment details to:Accounts.Receivable@centralsquare.com Check: Payments Applied $0.00 12709 Collection Center Drive Balance Due $13,230.00 Chicago, IL 60693 Page 453 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101P.OOX 310 P.O. #: 191351 BOYNTON BEACH, FOLORIDA 33425-0310 DATE: 08/16/19 VENDOR 13718 SHIP TO: TO: ALPHA FENCE SPECIALISTS, INC City of Boynton Beach 555 WEST OCEAN AVENUE PUBLIC WORKS DEPARTMENT BOYNTON BEACH, FL 33426 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 74506 ORDERING DEPARTMENT: FAC/GM/JL DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUAN'T'ITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2624. 95 DL MATCH EXISTING 1.0000 2624. 95 INSTALL (2) 13' -13' 6" WIDE DOUBLE DRIVE GATES to match existi:. :,: 2 7801.82 DL SCH.40 TU'ING -9;GUAGE C.0 1. 0000 7801. 82 -140? 'RemaVe + ;AI spos Fence . --- 04.: tall mI.d ray sch. :40 -top rail 1 5J " sch. 40 =bottom tension wir:I�a.' 9. guage "core 1:n, pasts 2 1/2" sch:...44 term: p sts 3" .sch. 4C 3 12540.00 DIS stH:. : 4"0 `TUBING, 9. GUACE CONE 1- 0.0 12540 .00 2.20- ': :ReT ove: .+; :Di ©0: spose. 111-saal1 :220' Fence .;tall- 1 ra11 :i 5/8" Soh. 40 -top rail A.'5/611ich. 4'0' bottom to sti on:;.w-1 re 9 guage .cone- . dyn :posts 2 i/:2" •s.ch.. 40 . e Term: :.p:o:sts- '�;;u;. s.eh. .40 .REN01M. REPLACE SARA-SIMS VEHICULAR GATES & CHAIN LINK .FENCE':.. :::. .. PROCUREMENT SERVICES: --- P.O. TOTAL: 22966 . 77 -119 ACCOUNT NO. PROJECT 302-4218-572.63-05 RP1820 PURCHASING Page 454 of 972 TY OF BOYNTON BEACH I REQUEST FOR PURCHASE105,000 Date: 3 I Z I Requesting Department: INJ -FACILj7rEA Contact Person: 7 Explanation for Purchase: c e1, 17t ' (- Recommended Dollar Amount of Purchase , ? - 7 Source for Purchase (check and attach backup materials): Three Written Quotations -- GSA State Contract PRIDE SNAPS RESPECT Piggy-Back Sole Source Emergency Purchase Other Contract Number: ' NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Approvals: - - - - Department Head ` ` Date ,s' Purchasin A ent g g Date J Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 455 of 972 Ol Oi I N M W I I U I r-I r-I w 1 z ' \ \ I I H I 00 co Hfn N O H I I E-1 I 01 CO O W W , m W iii � A Q 04 I I a 1 W 00 O LO W� I HO N h N ,?•i O I I U U P9 A W O N 0.1WU 1 Z I 1 m U I W > IZ w �' y > ' UWz WWCw W ., Q A I Cra H I 1 1 ORZ oH vaU 1 a U 1 W zF:4z U 1 aCOHM I x H i 0HMID 7 , AhkOOD ZMhH I W ri ri i o 0 Ocu H Zr i rnCN o h I > o 0 0 CDI Zi m W O I h I I w c rH aU i N Ho o �o i 0 0 0 ]q FC w a w to rn H r I H \ U I N h N is GC H N m W pwf O I U U aJ C7 W HH 1 0 0 0 000 1 I H z1p OO OOO Ln w O O 1 Oa O hlOO H H Hp a d �J W O V I rl '� H O H H WD OD m 1 H �i S4 S4 O H 1 z m MMN 1 O W 0 I HO H NNMM NM 1 a a w H a m m m U) OD ' H W rx Z ra , Fm1 a s a H ul c] v] z 17F-I ri O i A p A 1 O 10 UO o O H p i a A I W N fd N Id N rd z >4 W z I t: h00>4OD�iOD>4 P4 i W 1 O H rd r1 rd r1 M O F-Ia H � rn Nm 0 > 1z aamamwm �y o A „i as a a H a fn Ix E1 w ri w I H U1� A a 1 1 oop 1 H 1 W WW > �! 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M>O ri r i Q m .. .. 1 m N In H 0 1 WN 0>Q MOrIHr-4r•-1JJmO>fA ON 0)4-)m>fA Hm m DD z H H 1 H-- H O Dr= rl.r 1•rl O pf O R E N r-i r-1 ra aJ m O H O r-I r-I H O U C4 1 yC J'.H X H d)r-i m 0 1d E p, H z N r1-1-H O p1H£ I BN N N WoVnx a�4J�4P0 Ax oarlfdf 0504 AX ov w v H O a I x F fd E OU w- J-1- rd R4J P: x OU cr_ rd 1J>•i 1•i O N E S OU 1 U N N N m U I U H E X ao •o m o-ri O O-ri a)2:2 JJ- 'd p,}1 p�,E pq I U O O o H O m 1 Hm OA xd1 0r1 54J4r-IUOxo m I•.i O O-ri aM 1 �M M M H WA ' H OU U) UrIH 1 I I I 1 1 Um UN C.'H EaJ,Q r-IHUm 1 W W m I 1 m N H I 1 1 I 1 I =W- a H w 1 I Z Z i '� N M i H r-I N M a I Page 456 of 972 r'I ti I \ al N M WI ri r-I FQ I \ \ I Ip O I I r I r Fa, , A A a' i N W I N >+ O I PO A I z a wl 5 � I F- 141 M A I I w I U I z I W w u I z x H I z H I a U) AF I H z cn I rHH FU I U H I \ U I U] W I w P4 I H m I [�7 W P Ei U H I LO W UO 0 04 o U r•L I o w a U 0 3 FC I U) H En OD a W z -i I z aUHi M o z z > a O Ix F H 134 GL H U H En �U AtD I x oa w w Ol WW' QW 5 i H a A I cn C/]z m i H a0 A O W I P4 En IX m ; H I � I H I I Q' I W Ix I I 1 c x Ix F3 3 \ I z U I C7 H I \ a I (L P4 I I ro o z z H Hod o rC E+ H U WI H O HI H .7 a I U1 U I F w Ot A w a I Ix H w G4 z a I U] H PQ I azl I Page 457 of 972 REQUEST FOR OFFICE ASSISTANCE FROM: Date: • PRIORITY DATE NEEDED BY: M Request for 121/Direct Pay Req.for the attached-Vendor or Person to be reimbursed: Account Number: Project No.: for Requisition -Vendor: Account Number: 30 2.---!_Z16 572 - Y- Project No.: jeJ0/9 20 List Items w/Ouantities & Unit Costs on the back oft is request. El Verbal Quotes ($500 to $1,999): Vendor: Cost:.-- Date: Person Spoke With: Phone Number: Vendor: Cost: _ Date: Person Spoke With: Phone Number: Vendor: Cost:— Date: Person Spoke With: Phone Number: ❑ Written Quotes($2,000 to $9,999-99)—Attached. Written Quotes ($10,000 to $24,999)w/Purchases over$10,000 Form—Attached. El Bid/City(Over$25,000): Bid# 11 Bid/Other Entity(Over$25,000): Bid#, Bid Eff. Dates, & Bid Quotes—Attached. El File As: 0 OTHER: Special Instructions: V 4lea X-?, e"444-s—'e ax'rt 47.& Request completed by: Date completed: Please sign and return this fordo the Staffs Inbox; feel free to make any comments below. Page 458 of 972 f a► ALPHA ' s PERMIT NEEDED DATE WRITTEN UP: C] YES �© NO Fence ProposallContraCt WHERE SSS West Ocean Avenue Boynton Beach, FL 33426 READY DATE: ._..... Office 561.738.9966 Fax:561.738.9919 E-mail:admin@,alphafence.com JO A DRESS License#CBG1z61750 BILLIZq,ADDRESS NAME ref SUBDIVISION E. asa CONTACT: _ {/.°�, P ��,---} �_ .. `- A �.. ...� DRESSAD ADDRESS: --d'a JU_E � CITY CITY:._. . 1 HONE# _ .. _ _ _-- a PHONE# 5 I•_�__ r e hoc c EMAIL ALUM 0 P.V.C. 0 WOOD -- 71 CHAIN LINK TYPE ��� �15+s�" 1�1 COLOR ��aL HEIGHT FOOTAGE 1 GATES SELF-CLOSING C� TERM. POST IN GROUND CORE DRILL C7 FLOOR.FLANGE. = WALL MOUNT. NOTES �( _M �_ _ ._ ._..._......... .. 1 COST OF PENCE ._ q — . PERMIT FEE: $ TOTAL: 5ff%-DEPIT_ �+v� 13.4I,AIVCE DUE CIF'OIV C"c)4'iPLE`I-I63N: a4' Accepted:THE ABOVE: PRICES. SPECIFICATIONS AND C'ONDITIONSARE SATISFAC"TORYrAND HERFRY A(VEPTED.YOU ARI.AUTHORIZED TO I)()THE WORK AS SPECIFIED. PAYMENT WILL E31: MADE AS OUT- LINED. DATE: CUSTOMER � SIGNATURE: SALESPERSON - — SIGNATURE - /f es` 3%CREDIT CARD FEE .�.��._. PLEASE'READ THE TERMS&CONDITIONS ON THE REVERSE Page 459 of 972 ALPHA'~ FENCE RA I L PERMIT,WEEDEDFencePrOPOSajlContraet YE -_,) F__j NO DATE WRITTEN UP: („- WHERE 555 West Ocean Avenue Boynton Beach, FL 33426 READY DATE: -� Office 561.738.9966 Fax-- 561.738.9919 y� E-mail.adntin@alp a fence.con: J .#�A SS } License#CBGI261750 BILLINGADDRESS NAME ,r” �J ;-JV r`+ NAME- ° t C ', c C ren - fr ac4 SUBDIVISION CONTACT: m ADDRESS _ CITYw_ CITY:_. !It { I +h.,�...� ___. ADDRESS: PHONE# PHONE# _ . AIL:._.____ . , - _.m. a ._ EMAIL: 0 ALUM ED P.V.C. 0 WOOD L►1 CHAIN LINK. i S4,go3 "I A1�,n� 19 C) YlnGV\SL.... � i✓i �j����� COLO �uc HEIGHT f FOOTAGE 1 LID GATES .. SELF-CLOSING CI — rn !� rr� 1 S� ,, SJR, q c7 I TERM. POST _ IN GROUND CORE DRILL Ci FLOOR. FLANGE. =WALL MOUNT. NOTES 1...a_ 1;)K;5 -s 5�1, Lo C ST . F FENCE PERMIT FEE: $ TOTAL:[�S�y_�.y. BALANCE DUI!: UPON COMPLETION -S J.1-_ - -6A Accepted:"HIE ABOVE PRICES,SPECIFIC'AHONS AN[) CONDITIONS ARE SATISFACTORY AND IIERI;BY _ ACC'FPTED.YOU ARE AUTHORIZED TO DO TI IF k ORK I L40 1,-t g I L, t AS SPEC'IFIEI). PAYMENT WILL.BE MAI.)I_AS(:)I'll , LINED. Y DATE: CUSTOM''"�_ w•___w . .�_._..._. .__ SIGNATURE: 9 ... _..... n- ,.� SALESPERSON SIGNATURE 139 CREI31TtARDFFF a -- PI-EASE READ THE TERMS&CONDITIONS ONTHE REVERSE Page 460 Of 972 ALPHA PE MIT� E,D -4 ence 1i+ i7allContract DATE WRITTEN UP: YE NO / WHERE555 West Ocean Avenue Boynton Beach, FL 33426 READY DATE _— - Office 561.738.9966 Fax: 561.738.9919 E-mail: ad in(aDalp a fence.coin JOB ADDRESS License#CBG1261750 f1 }-1�-N(GeAL S(..7S,;, NAMErYlS NAME:..,. ."` — — ` r3�u b�Ge♦ 4CY w.. SUBDIVISION CONTACT. _ v aa_w .— ADDRESS_. _ _ - _ . __ - .,m _ ADDRESS: ._y.c_?-�d!'LIF._ CITY_ ._..w---__ CITY: P ONE# _ _ _w. _ ONE# - i. 1-7 U-1 tlaa EMAIL: .. .... EMAIL: 0 ALUM ® P.V.C. ED WOOD �- ...M.. _ __ _ ..... CHAIN����'``LINK) �{ 1�` TYPE {za. ,' ��e COLO ' HEIGHT {D{ FOOTAGE �I ►{5�q v�rU t-1 rzLSL GATES w... ._. SELF-CLOSING Cl TERM. POST IN GROUND CORE DRILL\C2:1 FLOOR. FLANGE. ®WALL MOUNT. ® I �, we �f"t?rl5 i�t r a9u{a eve. NOTES .......... COST OF FEN PERMIT FEE: TOTAL: $ _............._.. - " , BALANCE DUE UPON COMPLETION. -701 Accepted:THE ABOVE PRICES,SPECIFIC ATIONS ANL) I - CONDITIONS ARE SATISFACTORY AND I IERE13Y 0 a a ACCEPTED. YOU ARE AUTHORIZED"TO D01 EII:AA'ORK ^ � AS SPECIFIED. PAYMENT WILL BE. 4VIADF..n4 OUT- LINED. DATE: a' P CUSTOMER SIGNATURE:_.. m SALESPERSON �' � � SIGNATURE .,.. f �. - ww- s^rorREDTCAR])FtF PLEASt.READ THE TERMS&CONDITIONS ON THE REVERSE Page 461 of 972 CERTIFICATE OF LIABILITY INSURANCEJ DATE(MM0D/YYYY) 07/i THIS CERTIFICATE IS ISSUED AS A _ .. 11 902019 ATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED i REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. _..._ _ -._-_ _-- _.._.._._ _.-i'-' ---,----- - i.-. __._.----- --------h___—_.,-__.-___ ---R---- --`­- -__ . ._".a._._ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSUED provisions or be endorsed. it SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on { this certificate does not confer rights to the certificate holder In lieu of such endorsement(sI PRODUCER Jon D Rau NAMEa_ sch_ Rausch Insurance,Tax&Fin SeryPHONE - - o L (561) 0732 hac wo}: (561)829-2055 7000 W.Palmetto Park Rd.;#210 E MaL -Jon@doesinsurancematter Com Bora Raton,FL 33433 __ _ ___INsuRERfsI AFFORDtwc coyRnGE_ NAIc a Phone (561)584-0732 Fax (561)829.2055 INSURERA: Evanston Ins Co i INSURED INSURERB: Ascendant Comm Ins_Co INSURER c D-N-D Builders LLC dba Alpha Fence&Rail _ I 555 W.Ocean Ave. INSURERo.____. Boynton Beach FL 33426 INSgRER E 1-.­----­--­ ------------- ..___.._.._ — —_—-----" ----.. INSURER F: --_ ........_ -._.. .> COVERAGES CERTIFICATE NUMBER: _ _ REVISION NUMBER. r __ THIS BS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN-155UEb TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ t INSRT —'ADDLUBRf ...... _,._._._...__-__. _.. POLfCY EFF...POLICY EXP TYPE OF INSURANCE ffNSR'WV I POLICY NUMBER jMMfbDPYYYY _— _ COMMERCIAL GENERAL LIABILITY ._ }JTMM/DDIYYYY}1,,,— ____ LIMITS ._._..__, _. - !EACH OCCURRENCE I s 1=000-00000 oatvLAGE7oRENTEo 100,000.Q4 ❑ CLAIMS-MADE (dI occuR T "PREM(SES,jEa occurcence $ --- MED EXP(Any one person) S 5,000.00 A -- - Y N 13AA333516 04108/2019 04/08/2020 _ E _-.-__._;- - - -. I PERSONAL&ADV INJURY 1,000 00Q 00 i I GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2000.000.60 PRO- r.�I - — POLICY -.) PRO- JECT ` L -`OC I PRODUCTS-COMP/OPAGG+ s 2,000,000.00 I r [_) OTHER I -- _.... . _ _ -J -- -i l$ s AUTOMOBILE LIABILITY t ' COMBINED SINGLE LIMIT - IE a ac.dent]_. $ 100,000.001-- F ] 00 000 00__F ] ANY AUTO + r BODILY INJURY(Per person) I $ fOWNED '�1 SCHEDULED B f yl AUTOS ONLY `_• AUTOS N ! Y CA-50323-0 i 06/21/2019 06/2112020 BODILY INJURY(Per accident)' HIRED NON-OWNED Ie_ P —o-.AaAG-_E_ - AUTOS ONLY AUTOS ONLY 7$$ Comp/Coll Deductible $ _-5-0-0. 0. 0 UMBRELLA LtA6 EHC .OCCURRENCE $ EXCESS Llan CLAIMS-IJADEAGGREGATE $ 0 DED-.1j.-RETENTIONS- - WORKERS COMPENSATION ---- I `--II +AND EMPLOYERS'LIABILITY YIN RH_ ANY MIPROPRIETORIPARTNERIEXECUTIVE� $ 1 OFFICEREMBER EXCLUDED? N/A I E L EACH ACCfDENT I I 'Mandatory in NH) j I Ii If yes,describe under I I E.L.DISEASE-EA EMPLOYE $ I DESCRIPTION OF OPERATIONS belowE.L _ I -- —"-- � .DISEASE-POLICY LIMIT!$ I DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (Aflach ACORD 107,Additional Remarks Schedule,If more apace is required) I ence sales and installation. i Certificate holder is listed as Additional Insured. j 1 , f I CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C City of Boynton Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 100 E Boynton Beach Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. uJ Boynton Beach,FL 33425 nuTHoalzED REPRESENTATIVE — - { ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103)OF The ACORD name and logo are registered marks of ACORD Page 462 of 972 ACC)REP CERTIFICATE OF LIABILITY INSURANCE DATE(MM1 ) 08/07/2019 THIS CERTIFICATEIS FSSUED AS A MATTER OF INFORMATION NLT AND CONFERS IO T UPON THE CERTIFICATE HOL IS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERCOVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS (S)® AUTHORIIZED REPRESENTATIVE OR PRODUCER,A CERTIFICATE OL . IMPORTANT., If the certificate holder is an ADDITIONAL INSURED,the olicy(ies)must have ADD17IONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions oft the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT B AUTOMATIC DATA PROCESSING INSURANCE AGENCY, INC. PHONE — SAX — — 1 ADP Boulevard — .. — ., Roseland, NJ 07068 A®RLESS: INSUR „{S)AFFORDING COVERAGE _NAIC INSURER A: NorGUARD Insurance Company 31470 —_ — -- 0 INSURED .. DSD Builders LLC _INSURER®__""' _ .. .__. Alpha Fence and Rail INSURER C,: 555 VW Ocean Ave INSURER® � —.. Boynton Beach, FL 33426-4384 INSURER E; INS.IRER F: - COVERAGES CERTIFICATE NUMBER: REVISION IS IS TO CERTIFY THATPOLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE Y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHO MAY HAVE BEEN REDUCED BY PAID CLAIMS. a �.. PNSR 1 DL�U®R.... -...... LTR ' TYPEOFI U NCE LICYNU B ODNY ...I LICY P D!'sY MMIDIMYYJ LIMITS COMMERCIAL GENERAL LIABILITY Q f EACH OCCUE2RENCE ($ CLAIMS-MADE OCCUR GAN G ORENTE b — �R sSE �a cccurr� ce) Q j _. MED EXP[Any one person) $ 0.. _ _ ---- ----- I I PERSONAL F,.ADV INJURY 1$ 0 .GEN L AGGREGATE LIMIT APPLIES PER- PRO- { _., .... (—...,, PRO- GENERAL AGGREGATE I$.. Q....._.,. — POLICY DJECT LOC -- PRODUCTS.COMFpF AGG $ 0 OTHER: $ f APITOMOSILELIABILITY ! I COM® LE INEI]SINGUARIT ANY AUTO .... _ 1 ..LEa a-ldent.`r _..... $ —.- BODILY INJURY(Per son) -�$ OWNED SCHEDULED AUTOS ONLY _Jt AUTOS BODILY INJURY(Per accident) $ HIRED 1 NON-OWNED f PROPERTYDAAGE AUTOS ONLY _JJ AUTOS ONLY I _ Icer accld�I t1 $ f UMBRELLA LLAB - - OCCUR CE LIAI3 CH OCCURRENCE $ _ - CLAIRlS-MADE ( (AGGREGATE $ m. u . - _ I I DED 'RETENTION$ IaaDRIeERSCOMP TION _ P� dTw- AND EMPLOYERS'LIABILITY STATUTE AIVYPROPRIETO ARTNE ECUTIVE YPN — I .., °ER , A FICERIMEM13 REXCLUDED? N NIA! I DDWC011 33 08604/2019 08/04/2020 EL NACCIDENT X500,000 Mand In If yes,describe under E L DISEASE EMPLOY $500 D CRIPTION OF OPERATIONS bef�x i E.L.DISEASE POLICY LIMIT $500.000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached ff mon:space Is required) Employees: Full Time: 4; Part Time: 0 Governing Class Description: FENCE INSTALLATION AND REPAIR CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E Boynton Beach Blvd ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33425 AUTHORIZED REPRESENTATIVE: r t , O 1888 2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACO RD Page 463 of 972 Lum , Jonele From: Javier,Andrea Sent: Thursday,August 15, 2019 2:01 PM To: PW Admin Subject: RE: Updated WC and COI Attachments: Boynton Beach GL.pdf; Boynton Beach.pdf Yes, the attached meet City requirements. Andrea Javier, IPMA-CP Benefits Administrator Sok, Human Resources and Risk Management Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 561-742-6044 r JavierA@bbfl.us I CA boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: PW Admin Sent:Thursday,August 15, 20191:48 PM To:Javier,Andrea <JavierA@bbfl.us> Subject: FW: Updated WC and COI Hello, Does this COI with WC meet city standards? Thanks, From:Alpha Fence �mailto permits alpha-fence.com] Sent:Thursday,August 15,2019 1:43 PM To: PW Admin<PWAdmin( bbfl.us> Subject: RE: Updated WC Sure, Here it is, Sincerely i Page 464 of 972 -----Original Message----- From: "PW Admin" <PWAdmin )bbfl.us> Sent: Thursday,August 15, 2019 7:37am To: "Alpha Fence" < ermits :al ha-fence.com> Subject: RE: Updated WC Hello, Thank you for the updated WC info, but can you also send the other insurance informationl? Thanks, From:Alpha Fence [mailto: «ermits@alpha-fence.com] Sent:Wednesday,August 14,2019 4:51 PM To: PW Admin<PWAdminbbfl.us> Subject: Updated WC Good afternoon, Please find attached the updated Workers Compensation Sincerely, M6nica Vidal Alpha Fence&Rail 555 W Ocean Ave. Boynton Beach,FL 33426 Tel.561-738-9966 Fax.561-738-9919 Permits�i�mAl� ha-Fence.coIn FENCEAL PIIA 2 Page 465 of 972 McConnie Fence, Co. 4707 S 301h Ave. Tampa, FL 33619 O:(813)247-3827 I F:(813)247-2546 E te: _ Log No. PO No. v.W£ 8/2/19 CHA GE ORDER Vendor:city of boynton beach ob Address: sara sims park We hereby authorize Paul hughes to make the following additions/ deletions to the above reference job. Description QTY Price UCM Unit Extended Amount 4'x24' gates to match existing fence 2 5052.33 10101.67 Contract Additions $10104.67 Contract Deletions $ Approved: Date: (OWNER/CONTRACTOR) (NAME&TITLE) (THANK YOU WE APPRECIATE YOUR BUSINESSI Page 466 of 972 Co"Ontmct - -le Fence Co. 14 F 4707 South 30th Ave.a Tampa,Florida 33619 SOO (813)247-M7 - Fax(813)247-2546 PRESSURE TREATED CARIBBEAN PINE FENCE FAMILY P.V.C.•ALUMINUM•CHAIN LINK• OUGHT IRON OW SINCE 197f3ATED PROPOSAL SUBMITTED TO BUYER IS: DATE city of bo nton beach O Property Owner ❑Not Property Owner 7/16/19 STREET JOB NAME Sara Sims park CITY,STATE AND ZIP CODE PHONE PHONE PHONE CONTACT gary We hereby submit specifications and estimates for WOOD/P.V.C./AI UM.ICHAIN LINK FENCE ADWL SPEC. TOP OF FENCE TO 275'of 10' 75'of 8 POST SPACED 10' FOLLOW GROUND p N0.OF FEET TO BE LEVEL WITH HEIGHT TOP RAIL a LOWEST GRADE ❑ STYLE all 6lackm 6 gage TERMINAL POST _ W.GATE LINE POST _._ I/2rr TO BE LEVEL WITH DRIVE GATE WALK GATE POST HIGHEST GRADE ❑ PICKETDRIVE GATE POST ALL SIDES TO FACE OUT ❑ RAIL GATE FRAME POST _ _ BARB WIRE ALL SIDES TO FACE IN ONEYEAR WARRAN Y ON LABOR PROVIDING TENSION WIRE EXCEPT SIDES THAT McCONNIE FENCE SIGN REMAINS ON FENCE. GAUGE ❑g ❑t 1 to FACE STREET ❑ FIFTEEN(15)YEAR LIMITED WARRANTY AGAINST KNUCKLED UP BARB UP ❑ FENCE TO FACE AS TERMITE&ROTTING FOR PRESSURE TREATED NOTED BELOW ❑ WOOD ONLY.AS LONG AS FENCE IS NOT BURIED, SEE MANUFACTURER'S WARRANTY FOR PVC AND ALUMINUM.WARRANTY MUST BE FILED WITH MANUFACTURER. " v Sea r dtt a 5r . r ,. ouANTITY res arn�oa for Tear out existing fence at basketball court and pickleball court Install 275'of 10'of black chainlink Install appr. 75'of 8'black chainlink " Install as per layout FENCE LINE CLEAR OF OBSTRUCTION ❑ E VrOP09E hereby to furnish material and labor-complete in accordance with above specificatlons,for the sum of: - _.._. Dollars($ 13278 00 Payment to be made as follows: ,-%% Down,and Balance Due on Completion AN material is guaranteed to be as specified.All work is to be completed in a workmanfike manner Authorized _ according to standard practices.Any alteration or deviation from the above or attached specific-• SignatlJre 80 tions invoMng mc extra costs will be ocuted only upon written orders,and will become an extra This Proposed m charge war and above the estimate.All agnaaments contingent upon strikes,accidems or delays f may be withdrawn by us within days, beyond our control,Owner to carry fire,tornado and other necessary Insurence.Our workers are fully covered by Workman's Compensation insurance.Not responsible forunderground sp or water sac4hoal and cable lines.Owner migoonaRge lor rinWers £ �! t�v,m arksm Sl '1d �+x � »t� � W�,r„ •,,. :„- „r,rrA., ,.,,. ;`.m_r kn s7 ti�'tr ��.,ti'i',ti i7i�,.x;'4++`�ts,'i.tr.(Ite`�*�ni?nt��. v t;� ,{, k �z�, ,F,• Page 467 of 972 MARTIN PHONE: 561-848-26138 ,o FAX: 561-848-4466 E L Cogg TOLL FREE: 1-877-777-3212 FMN CTE C 0. 862 13TH STREET, LAKE PARK, FLORIDA 33403-2383 www.MartinFence.com LIC. # U10591 SOLD TO: SHIP TO: Date Name ---c.a-,e 6& ?,,g, ms Address City S Phone nsii, Business_ Total Footage.......... Contact M. Cell Email Fence�W-11 4.s Gpk isuti -t 1 16 gl, I-]Top Rail M/Follow Countour 0 Barb Up EfKnuckle Up Top Rail -L'bio f5tg4o w4, - %%-t Line Posts iag,_i Cor. Posts N't i,,wAo Gate Posts 6V Gates i EA M OL 1A k,Ni Tension Wire tmtm km, Core Drills MUS LYk6Tt'L6 Panelweave Exclusions cii2atwa,&a&uu_x_ MUM .......... lbjqu Big Customer authorizes the installation of the fence in accordance with the sketch and any attached specifications and Total Price 11 &AM k T Approx. Delivery Date agrees to assume all liability Less Depos I it �r_n_ Week of: and responsibility for accuracy of sketches. C.O.D. on Compl6t­ii6n This contract subject to Terms and' Go'6ditjons on reverse side. Oral represen- tations cannot be relied on. No modifications to this contract will be honored unless in writing and si ned by both parties. Fax and email communications are acceptable. All fence lines must be cleared Customer by customer or a fee will be charged - $75 per man per Salesman -I ............. hour/minimum of 1 hour. I hereby,aco�" ",'atisfactory completion of the above described work. Per m .... ................. Customer Page 468 of 972 UNFORESEEN CONDITIONS The price quoted does not contemplate the encountering of rock,swampy conditions, boulders larger than the holes to be dug or other atypical soil features.If these conditions are encountered and additional labor,equipment or material is necessary for the setting of the post,an additional charge for labor,equipment and material will be agreed upon prior to resumption of work. FENCE LINES In consideration of the price herein quoted,the purchaser agrees that the fence lines will be clear of all obstructions and that the lines will be properly marked by him by stakes or otherwise.If contractor is required to rernove any obstructions in the fence line or any excess soil excavated from post holes,a charge for extra labor will be made on the basis of$75 per man per hour-minimum of 1 hour.It is further understood that customer is responsible for any damage to private underground cables,sprinkler systems and private utilities including underground installations such as electric conduits,cables,tanks,water lines,sewer lines,etc.If it becomes necessary to work around or remove any of these obstruc- tions,the customer agrees to pay extra expense of same on the basis of costs plus 15%.The customer agrees to assume responsibility for any damage caused by drilling and lagging into cement walks,seawalls or any poured concrete structures or buildings. MEASUREMENT Martin Fence Co.does not assume responsibility for lot lines or layout. It is purchaser's responsibility to mark all corners and lot lines for purposes of construction of the fence.Martin Fence Co.will make a charge for moving of any fence that is later found not to be on the lot line if customer has not furnished a correct and accurate survey with all lot lines delineated and corners marked. GENERAL CONDITIONS All agreements are contingent upon strikes, lock-out, riots,fires, accidents, acts of God, floods, war, insurrection, embargo restrictions, carrier delay or failure to receive raw material deliveries or by other causes whether or like or of a different nature beyond our control.All prices quoted herein are subject to change without notice prior to the execution of this agreement. CANCELLATIONS No cancellations will be accepted unless in writing within 72 hours after signing the contract. If purchaser decides to cancel this contract within 72 hours purchaser must notify MARTIN FENCE CO.No deposit will be refunded after a 72 hour period.If order is canceled after 72 hours, purchaser agrees to pay the costs of materials,permitting fees,and expenses incurred in preparation of work. ITEMS FOR CASH SALES The customer agrees to pay deposit upon execution of this agreement.Customer agrees to pay the balance upon completion of the job.This contract is binding on heirs,executors,assigns and successors in interest,until paid in full.The Title to and ownership and right of possession of the material covered by this contract shall remain to the seller, MARTIN FENCE CO.until fully paid for.In case the purchaser shall become insolvent or refuse or neglect to pay for work herein provided,the seller may,at its option,without process of law,retake possession of any or all materials wherever the same may be found.The purchaser further agrees to pay a reasonable attorney's fee incurred in any collection process including any appellate proceedings.Purchaser agrees that the venue for any and all legal proceedings shall be Palm Beach County,Florida re- gardless of where actual work was performed.After 30 days,a 1-1/2%interest charge per month on any unpaid sums will be charged.Customer agrees to pay$50 or 5%of face value,whichever is greater,on any returned check. ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW(SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUP- PLIERS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. SKETCHES The approved sketch as noted on the other side is for placement of fence.Customer agrees to assume all liability for encroachments and accuracy of lot lines and corners. GROUND PLAN OF JOB Follows contour of ground.Fence top will be curved. TOP RAIL STRAIGHT-Leaves spaces beneath fence if ground is not straight. Page 469 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191359 OYNTON BEACH, FLORIDA 33425-0310 DATE: 08/22/19 VENDOR 7736 SHIP TO: TO: DELL MARKETING LP City of Boynton Beach ONE DELL WAY, BOX RR8-11 ITS DEPARTMENT ROUND ROCK, TX 78682 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO.Ymm 74545 ..... ORDERING DEPARTMENT: ITS DATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 19. 00 EA HDMI MALE TO MALE GOLD DIGITAL 9. 4500 179.55 VIDEO CABLE - 6FT 2 19. 00 EA OPTIPLEX 3060 SF.F 631. 1100 11991. 09 3 39. 00 EA DELL 23: :ONITOR P2.319H 197.5900 7706. 01 RE S: JTILITIES, PC ROLLOUT 2019 PIGGYBACK` STATE: C(3NTRACT'43211500-WSCA-I5-ACS QUOTE #3000044648144 . 1 DO NOT MAIL PO - ITS WILL SEND TO VENDOR PROCUREMENT SERVICES: ✓ J 9876.65 ACCOUNT NO. PROJECT 303-4101-580.64-15 IT1812 PURCHASING Page 470 of 972 HODF4 N H In El a FI F N P4 I �, o n zl w I _ W Q I I I ' i I i H U 1 m N 1 o a o WN d lCl 1 O O O 14 ~ r m c C7 tl1 9 Z H N H la L1 y) E H E 1 b o o "+ •r+ •-I N W zH u3 I O p p '° I z N rl N N uxy; .7 V i m �Hi Ian +$ i b o Ee g`,> o 6 O p E U U U ul H HI a � ri H (Hiy z 'U h `7 W W W 1 (J W H Pa H Pi H(� z W W f3 w co m W b OCI S+ a O o z aF W EPa E P+ F wvl N ; o eHq yWe a F aT m m 04 z 01 CY M A E i z ED Q H w W 1 15 E cn W0 0H U E U) CW9 U z PQe fE7 a N 1 I U E+ F E W 7-. z14 M 7 E �2F p ul 0 u w cv c awcawaw w U W O ul O b W a waw a a �i ;wa a F a Q�Q]Q N Cp�+ '14, Q awW�W a FS w 0 a b I a a z a a x oEn j H E w 3 W[WEre WE WE�WE Ws •'� b QQ E p W a0 �ap1 ul Pa [fl U Mut ; ® UU N 1.1 w W Pr W P: I dl C e E u1 F Pm F(7 �R `hY QJ F E i s-7 Ln LO 114 e] [4 a Q PI M E. I H H H O U N H £P] vl£14 a X z I a w e+ .. N ra O W O N N N z U rl ® 3 z H ® y°Q M Ye Q b b+Q ; F H ri N W H p U Ut .7H 7CH �H^y I UN O o Hal Ee U Pe I F$� rl H a d4 1 H H O W I En L) Hx CL®Cl N®® r)m `„ m U cN b (� U M M M E W H W s7 A W 1 r$M M M °^mow W O Pq I 7 7 O a a a F A Qx®W 6Uvl WU uI 1 F UM U E Q 1 IX H W H N Ptl I w ,q�,p�° C7 F W aZ i H N M!H H N M a N�d.a Chmz Page 471 of 972 b \ CITY OF BOYNTON BEACH 34REQUEST FOR PURCHASE OVER $10�000 Date: 8/21/2019 Requesting Department: I.T.S. Contact Person: Aaron Burri Explanation forPurchase: Utilities PC Rollout 2019 RecommendedVendor Dell Dollar Amount of Purchase $19,876.65 - Source for Purchase (check and attach backup trials): Three Written Quotations GSA State Contract X PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account# 303-4101-580.64-15 Project# IT1812 Approvals. Department Head `' '£ Date 1 / Purchasing Agent Date Asst City Manager Date City Manager .. F Date------------------- ? Form Revised 02/01/02 Page 472 of 972 - consideration. Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we've created to help you with your purchase decision. To proceed with this quote, you may respond to this email, order online through your Premier pag , or, if you do not have Premier, use this Quote to Order, Quote No. 3000044648144.1 Sales Rep Mike Appl Total $19,876.65 Phone (800)456-3355, 7250424 Customer# 861622 Email Mike_Applell.com Quoted On Aug. 20, 2019 Billing To PAYABLE ACCOUNTS Expires by Sep. 19, 2019 CITY OF BOYNTON BEACH P O BOX 310 100E BOYNTON BEACH BLVD OYTON BEACH, FL 33425-0310 Message from your Sales Rep Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell! Regards, Mike Appl Shipping r - Shipping To Si i etho AY BRANDENBURG Standard Delivery CITY OF BOYNTON BEACH _ YTON BEACH CITY HALL 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435-3899 (561) 742-6070 Product nit Price Qty Subtotal HDMI Male to Male Gold Digital Video Cable - ft . 5 1 $179-55 Opti lex 3 31.11 1 $11,991.09 Dell 23 Monitor— P2319H $197.593 $7,706.01 Page 473 of 972 Shipping Group Details Shipping ip i BARRY BRANDENBURG Standard Delivery CITY OF BOYNTON BEACH BOYNTON BEACH CITY HALL 100E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435-3899 (561) 742-6070 $9.45 19 $179.55 HDMI ale to ale Gold Digital Video Cable-6 ft Qty Subtotal Estimated delivery if purchased today: Aug.28,2019 Contract#WN08AGW Customer Agreement#43211500-WSCA-15-ACS Description SKU Unit Price Qty Subtotal HDMI Male to Male Gold Digital Video Cable-6 ft A6947949 - 19 tiPlex 3060 SFF Qty Subtotal Estimated delivery if purchased today: $631.11 19 $11,991.09 Sep. 04, 2019 Contract#WN08AGW Customer Agreement#43211500-WSCA-15-ACS Description SKU Unit Price Qty Subtotal OptiPlex 3060 SFF XCTO 210-AOTT _ 19 Intel Core i5-8400(6 Cores/9MB/6T/up to 4.0GHz/65W); supports Windows 10/Linux 338-BNZS 19 - Ubuntu Linux 16.04 605-BBNH 19 No AutoPilot 340-CKSZ - 19 - No Productivity Software 630-AAPK - 19 _ 8GB 1X8GB DDR4 2666MHz UDIMM Non-ECC 370-AEBK - 19 No Additional Hard Drive 401-AANH - 19 Intel Integrated Graphics, Dell OptiPlex 490-BBFG - 19 2.5'50OGB 7200rpm SATA Hard Disk Drive 400-AEFT - 19 - ODD Bezel, Small Form Factor 325-BCXP - 19 8x DVD+/-RW 9.5mm Optical Disk Drive 429-ABFH - 19 - No Media Card Reader 379-BBHM _ 19 No Wireless LAN Card 555-BBFO _ 19 No Wireless Driver 340-AFMQ - 19 No PCIe add-in card 492-BBFF - 19 - OptiPlex 3060 Small Form Factor with 20OW up to 85/®efficient Power Supply(80PIus Bronze) 329-BDRC 19 Black Dell KB216 Wired Multi-Media Keyboard English 580-ADJC _ 19 _ Black Dell MS116 Wired Mouse 275-BBBW - 19 - No Cable Cover 325-BCZQ - 19 - No Additional Cable Requested 379-BBCY - 19 Page 474 of-972 Not selected/nthis configuration 817-BBBC - 19 - NoIntegrated Stand option 575-BBB| - 18 - Info 8kuO8Software Linux/Embedded 840'BBJQ - 19 - Software for Dp8P|exSystems 658-BDVY - 18 - MoAnti-Virus Software 650-AAAM - 19 ' OS-Windows Media Not Included 820-&ALVV - 19 - Energy Star 387-BBLYV - 13 - No FGA 817-BBBB - 19 - Chassis Intrusion Switch 8FF - 461-AAEE - 13 - Bracket for 2.5inch Hard Drive Disk 575-BBRV ' 19 - CMS Software not included 832-BBBJ - 18 - TPM Enabled 329-BBJL - 18 - System Power Cord(Phil pine/TH8J8) 450+AAOJ - 19 ' |nte|(R)Core(TK8)i5Processor Label 389-CGB8 - 13 - NmUPC Label 309-BCGVY - 19 - Safety/Environment and Regulatory Guide<Eng|iah/Fn*nchMulti- language) 340`AG|K - 19 _ NoIntel Responsive 551-BBBJ - 18 ' NoOut-of-BendSystems Management 031-ABSG - 18 - NoCompuTrace 401,AABF ' 19 - US Order 332-1286 - 19 - DFF: EPA Regulatory LBLfor Mexico 889-CMVL - 18 - Ship Material for OptiP|emSmall Form Factor 340~CDYVZ - 19 ' Shipping Label for DAO 383-BBUU ' 19 ' Documentation, Eng|imh, Spmnish, Dell Op«iP|ex3O8O 340-CDYVO - 19 - Desktop BTO Standard shipment 800-BB/0 - 19 - NoExternal ODD 429~\BGY ' 19 - NoAdditional Video Ports 492-BCKH - 19 - Dell Limited Hardware Warranty Plus Service 803-8583 - 19 - Onsite Service After Remote Diagnosis 3Years 803-8590 - 19 - Dell 23 Monitor—P231gH Qty Subtotal Estimated delivery ifpurchased today: $197.59 39 $7,706.01 Aug.27.2019 Contract#VVN08AGVV Customer Agreement#432115OO-VYSCA-15-AC8 Description SKU Unit Price Qty Subtotal Dell 23Monitor-P2319M 210+\QC! - 39 - Dell Limited Hardware Warranty 814-9581 ' 39 - Advanced Exchange Service,3Years 814-9882 - 39 - Subtotal: $19,876.65 Shipping: $0.00 Estimated Tax: $0.00 Total: ��P945� Important Notes Terms f Sale Unless you have a separate written agreement that specifically applies to this order,your order will be subject to and governed by the following agreements,each of which are incorporated herein by reference and available in hardcopy from Dell at your request: Dell's Terms of Sale, which include a binding consumer arbitration provision and incorporate Dell's U.S.Return Policy and Warranty(for Consumer warranties;for Commercial warranties). If this purchase includes software: in addition to the foregoing applicable terms,your use of the software is subject to the license terms accompanying the software, and in the absence of such terms,then use of the Dell-branded application software is subject to the Dell End User License Agreement-Type A and use of the Dell-branded system software is subject to the Dell End User License Agreement- Type S. If your purchase is for Mozy, in addition to the foregoing applicable terms,your use of the Mozy service is subject to the terms and conditions located at https://mozy.com/about/legal/terms. If your purchase is for Boomi services or support,your use of the Boomi Services(and related professional service)is subject to the terms and conditions located at https://boomi.com/msa. If your purchase is for Secureworks services or support,your use of the Secureworks services(and related professional service)is subject to the terms and conditions located at https://www.secureworks.com/eula/eula-us. If this purchase is for(a)a storage product identified in the DELL EMC Satisfaction Guarantee Terms and Conditions located at ("Satisfaction Guarantee")and(ii)three(3)years of a ProSupport Service for such storage product,in addition to the foregoing applicable terms, such storage product is subject to the Satisfaction Guarantee. You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety.Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to,inconsistent or in conflict with,the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Pricing, Taxes, and Additional Information All product, pricing,and other information is valid for U.S.customers and U.S.addresses only,and is based on the latest information available and may be subject to change.Dell reserves the right to cancel quotes and orders arising from pricing or other errors.Please indicate any tax- exempt status on your PO,and fax your exemption certificate, including your Customer Number,to the Dell Tax Department at 800-433-9023. Please ensure that your tax-exemption certificate reflects the correct Dell entity name:Dell Marketing L.P, Note:All tax quoted above is an estimate;final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax_Department@dell.com. For certain products shipped to end-users in California,a State Environmental Fee will be applied to your invoice.Dell encourages customers to dispose of electronic equipment properly. Page 476 of 972 � . Brandenburg, Ba . From: Brandenburg, Barry ^Bnandenbung8@bbflus> Sent: Wednesday, May 22. 2O1912:56PM To: K4oshier, Richawd Cc; Bryant,VVaneya; Rowe,Terry; Stevens, Charles Subject; RE:Account Number and Project Numberfor^P[ Rep|acemant' Ub|ities^ [|P Attachments: Uti|itieo_noUout_2019_2nd [lte.pdf Here isanother quote tolook at. ' From: Brandenburg, Barry Sent:Wednesday, May 22,2O1912:45PKN To: &400hier, Richard<MmahierR@bbf|.us> Cc: Bryant,VVaneya<8ryantVV@bbfl.ua>; Rowe,Terry<rovxet@bbfl'us>;Stevens,Charles<stevensc@bbf| us» rn Subject: RE:Account Nuberand P�jectNurnberfor"PC Replacement- Utilities" C|P ' Rick, Here's the best mecan dofor the money. The monitors are more expensive because you had mention in our meeting that the users needed ackustab|ennonitor� The nmonitonscurnevvithHDKn|and Display port connections and also the ability ofthe monitors to -�^- raised and lowered and tilted. The only cable that comes with the monitor isadisplay cable. Soyou have toadd another HDK4|cable tuhave two monitors mnone Computer. The Dell 3OGOcomputer comes with only power cord. So the nitty gritty is: Cost for each, Dell 306D$631.11 Monitor$197.59 Cab/e$9.45 Cmunts 19 Dell 3O60computers 39 dell 23 inch monitors 19 extra HDM|cables Total:$ 19,876'65 ' See attachment Thank you Barry From: Moshier, Richard Sent:Wednesday, May 22,2D191O:47 AM To: Brandenburg, Barry< > Subject: FW:Account Number and Project Wunmberfor"PCRep|acennent-Uti|ities"C|P z Page 477Of972 Richard Moshier Network Administrator Information Technology Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 rt 561-742-6491 f MoshierR@bbfl.us { boynton-beach.org/ - u�. ir��� Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Bryant,Waneya<BryantW@bbfl.us> Sent: Friday, May 10,2019 4:04 P To: Moshier, Richard<MoshierR(6,bbfl.us> Cc: Rowe,Terry<rowet@bbfl.us> Subject: FW:Account Number and Project Number for"PC Replacement- Utilities" CIP Richard! I just discovered I never sent this list to you, it was sitting in my drafts. Below is the account number, project number and budget for additional computers. When you work with Barry please provide this information. Based on the last order of desktop computer,the OptiPlex 3050 SFF were approximately$600 each. Each monitor was$109, adjustable monitors are probably a bit more so I am estimating at$130 each. This brings the total per desktop with two monitors=$860 each. With a budget of 20,000 we can buy approximately 23 desktops&46 monitors. Of course if the cost is higher we will just get what we can. Here are the list of those still needing replacement: CBB# Name Division Location Current Computer 1 8832 Holy Daley 2819 Lab supervisor office OptiPlex 3010 2 8828 Daley,Guillen,Budny,Sadowski 2819 Micro lab OptiPlex 3010 3 8012 Daley,Guillen,Budny,Sadowski 2819 Wet chem lab OptiPlex 790 8474 Next to Brandon M. Desk 2810 Admin Bldg,Field Ops-Asst Sup Optiplex 3010 Area 6900 R. Reddick 2815 Admin Bldg,Field Ops-Asst Sup OptiPlex 755 5 Area 8019 R.Jonas 2824 Admin Bldg,Field Ops-Asst Sup OptiPlex 790 6 Area 7 8054 Lila Arevalo 2825 Admin Bldg,front desk OptiPlex 3010 8 8833 Crew/S.Petchner 2814 Meter Service OptiPlex 3010 9 8824 Crew/T.Russell 2814 Meter Service OptiPlex 3010 10 New Lift Station Supervisor 2816 Admin Bldg, Field Ops Supv Line N/A Z Page 478 of 972 Ii 3473— E. Dunn 2825 : City Hall C.R. OptiPlex 3010 12 3543 Front counter 11C 2825 City Hall C.R. OptiPlex 36-16- 13 3542 Front counter 265 City Hall C.R. OptiPlex 3010 City E 14 3638 K.Thompson E I PI., City Hall C.R. OptiPlex 3010 15 8059 T.Serrano 2825 City Hall C.R. OptiPlex 3010 16 8053 S.Soodeen _2825 City Hall C.R. OptiPlex 3010 17 9047 T. Dobard — 2825 City Hall C.R. OptiPlex 3020 18 8057 C. Edwards 19 8064 M.Czecholinski 2825 City Hall C.R. OptiPlex 3010 20 3546 L.Allen 2825 City Hall C.R. OptiPlex 3010 2825 City Hall C.R. — 21 3545 R. MOptiPlex 3010 oyse 2825 City Hall C.R. OptiPlex3010 22 3544 A. Wilson —UI- 2825 City Hall C.R. OptiPlex 3010 23 9076 Open Desk(was Llla) 2825 City Hall C.R. OptiPlex 3020 Waneya Bryant Manager,Asset Management Systems Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida 33435 561-742-6427 Ea BryantW@bbfl.us http://www.boynton-beach.org/ C',........ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Davidson,Anthony<Dav dsonAA bWgs> Sent:Tuesday,April 09,2019 12:43 PM To:Stevens,Charles<stevgqsc�a;abbfl.qs> Cc: Bryant,Waneya<IiLantW@bbfl.us>; Baca, Fabio<4aq@fLDbbfl.us> Subject: RE:Account Number and Project Number for"PC Replacement- Utilities" CIP IT1812 303-4101-580.64-15 Budget$20,000 Anthony Davidson Budget Manager Financial Services Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd.,Suite 101 Boynton Beach, Florida 33426 561-742-6314 3 Page 479 of 972 f DavidsonA@bbfl.us I boynton-beach.org/ 1, Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Stevens,Charles<st„e"vensc bbfLus> Sent:Monday,April 08,2019 4:18 PM To: Davidson,Anthony<DavidsonAtbbfLus> Cc: Bryant,Waneya <BryantW(d),bbfl us> Subject:Account Number and Project Number for"PC Replacement-Utilities”CIP Can you please provide Waneya and myself with the account number and project number for the"PC Replacement—Utilities" CIP. Thank You, Charles Stevens,Jr.,CGCI ITS Network Manager Information Technology Services `i Mailing Address: P.O. Box 310 f Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 m4 sed �� Il�# tixY r a, 561-742-6079 rJ 561-644-4214 561-742-6092 stevensc@bbfl.us +` boynton-beach.org/ r Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 4 Page 480 of 972 computer bquipment, Peripherals& Services/Alternate Contract Source/State contract. Irage i of 5kli tD MQ9 @Lin ntent Department of Management Services Florida Deoart!pe Lrit of Management Services > Businekk Operations > State Purchasing > Y_Co_or Information > State Contracts and AgV@gp1enLs > Alternate Contract Source > Computer Equipment, Peripherals &Services << Return Computer ® Peripherals & Serv1ces43211500-WSCA-15-ACS Contract Details Effective Period 09/30/2015 through 03/31/2020 Contract Type Alternate Contract Source How to Use this Alternate Contract.&Uro Contract 3[nformation PrQdu=Categories Lis • Contractors • F!rlcllpg Forms and Other Information Contract Documents Amendments and Memorandums Master Agreements Participating Addenda • Jeremy WilliaMs Contract Administration (850) 414-6740 * Jeremy.WilliaMsOdms,mvflgrida.Com Commodity Codes UNSPSC-43211500, UN5PSC-43211600, UN5PSC-432119001 Description This alternate contract source (ACS) authorizes the use of the National Association of State Procurement Officials'ValuePoint Program (NAS PO ValuePoInt) Computer Equipment, Peripherals and Service's contract, which was competitively solicited and awarded by the State of Minnesota. Benefits • This contract Is available only for products not on state term contracts. • WSCA participating addendums are entered on behalf of governmental entities In Florida for Ace,Apple, ByteSpeed, Clara, Cisco,Computer Technology Link, Dell, EMC, Firefly, Fujitsu, HP Inc., HP Enterprise, Hitachi, Howard, IBM, Lenovo, M&A Technology, Microsoft, Microtech, NetApp, Nimble, Panasonic, Pure Storage, Sa rnsung,Tegile,Tintri,Transource, and Xiotech. http://www.dms.myflorida.conVbusinessLoperations/state_purchasing/vendor—information/..,. 4/VW 7481 of 972 Contractors/Computer Equipment, Peripherals&Services/Alternate Contract Source/... Page I of 3 Ski®to Main Content ServicesDepartment of Management Florida Department of Manaaement Services>Business Operations>State Purchasing>yendgE Information>State Con cts and ®a menu>Altemate Conct Source>comuuter rM& t.P ri0herats >contractors Computer Equipment, Peripheralsis 211 - - Contraaors Contractor list FloridaUtilizes Name CBE Code Climateri lRecycled Preferred Resellem Products Ace Tec Partners I 'nority on I No I No I Yes I S w I i JA-Non- IND INo ING Istatewide I Minority i minorityon- NO I No No Statewide I A No IND Yes IStatewide I Minority A-Non- No No No Statewide I Minority II IAA Non No IND Yes IStatewide minority EMC com, I M! on- No No Yes Statewide Firefly AM'Non- INo NO No Statewide nority Euiltsu A-Non- I No No Yes Statewide 1141nority A-Nr- INo No I Na de I Minority r A-Non- No No No Statewide Minority I I HP Enterorise(Back Qffice A-Non- No IND Yes (Statewide minority HP.Inc.(Front Office Products) A-Non- No No Yes IStatewide Minority M IA. Nom IND IND ING IStatewfile Minority Lenamp A-Non- No No Yes Statewide Minority Ift IMI ty INa INa IY 15 I Microtech (Mino INo INo IYes (Stat I NetApy I Minority I No I No I No I Statewide I Nimbi A-Non- No No Yes Statewide Minority Panasonic A-Non- No No Yes Statewide Minority j Pure Storm IA-Non- Minority No I No I No Statewide I Samsung I Minority No I No I No Statewide I TeafleJA-Non- No No IND (Statewide Minority LIM A-Non- No No I No I Statewide Minority Transource A-Non- No IND ING IStatewide Minority Xiotech A-Non- No No No IStatewide Minority :// . s. y ori .co i ess o tions/ to chasm vendor i o tion/...Pi4d/4®F7of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191360 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/22/19 VENDOR 8550 SHIP TO: TO: UNIVERSITY OF SOUTH FLORIDA City of Boynton Beach THE JOHN SCOTT DAILEY FL ITS DEPARTMENT INSTITUTE OF GOVERNMENT 3301 QUANTUM BLVD. 4202 E. FOWLER AVE,ALN147 TAMPA, FL 33620-5800 SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. 74525 ORDERING DEPARTMENT: ITS Me DATE NEEDED: BID NO: COMMISSION APPROVED. EXTENDED LINE QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 12000. 00 DL 2019 - CYBERSECURITY INCIDENT 1. 0000 12000. 00 RESPONSE PLAN REMARKS: CITY MANAGER SIGNED AGREEMENT ON 8/1,5/19 DO NOT MAIL PG ITS WILL SEND To VENDOR ------------- -------- PROCUREMENT SERVICES: 1 TOTAL: 12000.00 ACCOUNT NO. PROJECT 001-1211-512.49-17 IrI PURCHASING Page 483 of 972 H H I 1 \ \ PS I I Ln N W I \ \ I O m 1 I I B E O O O O W W 04 I I 00 O Q Q a B I O O 1 N N 1 1 H H >4 ® I I I I fa W W ~ I ✓~ I 1 I H B 1 W I I Q I I I I I I I 1 I 1 I I . P 1 O QE1 0 o p �1 W O I •• I p EUI Op O I W O Q ! H N N I W V01 a H H W W I 1 Ln O > Hsi o a , Z INn vl 04 H 6 UO i o KC 10 a a^ W M 1 E I 04h ai 0.'i 1 1i O H W O W E >' O E > O R�.s H ® I ,•`V O W a ® Q E 1 C H I H H PL0r1 0 0l W W Z > m 0 Q � i ® U E UE ig W Ga h Z z ✓E' O a OH P;P; H i o ` a E. H Q H a U W E i O U H FZ�r4 QOCW 04 W F4 1 o W W Q 5 Cw i H E x E I B Z H W U sal O W U Z E C/1 0 I O Pa to Bril 1 1 [, W 1 G 1 a � "Y > H (13 PdP24 I � � H d 1 W I O t) 1 1 P3 (fl 1 EU� O x Ul Z w W N W O 1 a,U)U I p',E ll,J-1P p HUM �O (d rd ZH 04 W✓g I Ida`y>° HW0 WW 61. 10 H U}U dO 14 1:iG O 1-1 B H e t 00 O H H Z\ EEW1 En>1 pp--..p 66 d-1 P 6? (fl I fx✓s-aW I r- Purl(L)ul EE H H I U yH$. I 1-1 0 0.-1 Id° � 4S 66-x1 >+ Z s B O O � N E °D ul U7 3. M O O i W 0 U) Z rl Q)L[i W U O.>~V] r7i E H �H® I EH r_g UE ° 6 a UWP nN H��IH Q 0 >vU z l H ® ai I I 04 OO I UrH-I U x U li O PA rij ® O � 44 4 (d °e--7 ® W I O U Ul W aV Q I N 1 H H W I I En rn U)LIS E x ZW I H i HH 0 H )0.00 Ul HWI a AOS 9 z l I til W }v Pv 0 Page 484 of 972 iii w CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 8/15/2019 Department:Requesting I.T.S. c Person: Jon McNally Explanation Purchase:_ - The City of Boynton Beachi o king with Jen Scott DaileyFloridaInstitute of Government ( I G) on a comprehensive Cyber curit ci nt Response Plan. Included in this project will be an onsite meeting with key stakeholders to review olicies and procedures, system backup and recovery processes, offsite ata storage, and other critical technology infr structur . FIOG will adhere to industry standards and best practices throughout the engagement. The resulting pI n, as well as the cyber-attack hands-o /d ske rcis a will document the appropriatecions to take, the agencies ....ately to a c tber attack. Recommended Vendor Florida Institute ofGovernment, — - - - -- Dollar -Purchasea000.00 - - Source r Purchase - (check and attach- c _ materials):i - Three Written Quotations GSA State Contract PRIDE/RESPECT APS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the some detail contained within the contract. Fund Source for Purchase: 001-1211-512.49-17 (Other o tr ctu I Services) Approvals. - Department Head Date l .. Purchasing Agent ' � L/ Date Asst City Manager Date [City ManagerDate 1" Z Form Revised 02/01/02 Page 485 of 972 the Jo lti Scot(Ihailcy FLORIDA INSTITUTE GOVERNMENT ;,t tl?e i rtti�c-rsii+ c�fSttet?t i'1=>ri�ler August 7, 2019 Lori LaVerriere, City Manager City of Boynton Beach 3301 Quantum Blvd., Suite 101 Boynton Beach,FL 33426 2019-Cybersecurity Incident Response Plan Dear Lori: The John Scott Dailey Florida Institute of Government(FIOG) at the University of South Florida is pleased to submit the following proposal for the 2019 Cybersecurity Incident Response Plan and Training along with Dr. Jason Lewis, USF Computer Science & Engineering Department, who will serve as lead subject matter expert of our project team with the FIOG staff providing contract management services and oversight. The enclosed documents briefly describe the services for this project. FIOG proposes to complete the 2019 Cybersecurity Incident Response Plan and Training for $ 12,000.00. The city will be invoiced at the completion of the project. If you agree to the proposed scope of work and costs,please sign and return this letter along with purchase order in the amount of$ 12,000.00 to the institute of government. Please indicate your acceptance of this proposal as indicated below and return the document via email to acrist q'usf.edu. We look forward to working with you on this worthy project. Sincerely, Angela S Crist Director Affirmed and Agreed to this day of , 2019. LBY: m, TITLE: Page 486 of 972 f i1 t V y i o I 2 p� 9 Proposal for Cybersecurity Incident Revised August 7,2019 Prepared for: Lori LaVerriere,City Manager City of Boynton Beach 3301 Quantum Blvd.,Suite 101 Boynton Beach, FL 33426 Prepared on behalf o : Angela Crist, Director University of South Florida Florida Institute of Government 4202 E Fowler Avenue,SOC107 Tampa, FL 33620 813.974.2346 acristrc4xusf.edu -let ARIDA �1titi�3 1 `111:: GOVER NM EN] UNIVERSITY O SOUTH FLORIDA (YlF I P(-,POP ART@&'PI PW'PC ©USF FIOG Confidential Material 2019/2020 All Rights Reserved Page 1 Page 487 of 972 e f Contents Experienceand Capacity..............................................................................................................3 Understandingof Need..................................................................................................................3 RecommendedApproach.............................................................................................................. Reportsto be Prepared.................................................................................................................5 ProjectTimeline.............................................................................................................................5 Investment......................................................................................................................................5 Optional—Future Work.................................................................Error! Bookmark not defined. ®USF FIOG Confidential Material 2019/2020 All Rights Reserved Page 2 Page 488 of 972 ^ . City of Boynton Beach CybereeuorNtyIncident Response Plan Experience d Capacity The John Scott Dailey Florida Institute of Government (FIOG) was created by the Florida Legislature in 1980 and subsequently designated as a Type I Institute by the Florida Board of Regents. The institute fulfills its statewide mission through a consortium of five (5) affiliate program offices. Each affiliate program office serves a corresponding regional geographic service area within the state.The mission of the John Scott Dailey Florida Institute of Government is: "to increase the effectiveness and quality of government in Florida through applied research, training, technical assistance programs and public service.' With over 2Oyears ofexperience in the |ocml community, the Florida Institute of Government at the University of South Florida has e wms1 history of helping government and non-profit entities through visioning and strategic planning processes, offering and coordinatingtnsinings' technical assistance, and applied research projects for the local community. Understanding f Need The FIOG understands that the City of Boynton Beach, is seeking assistance to create a Cybersecurity Incident Response Plan (CIRP),following industry and governmental standards. The city is a full-service municipality which provides for complete public safety (police and fire departments), as well as water, sewer services,and solid waste, among other city services. One of these additional services that the city provides is an "in house" information technology services department (ITS). ITS has an established incidence response plan that that is incorporated into the Department's Policy and Procedure's manual,and which was last revised in May of 2016.Additionally,ITS has e written Continuity of Operations Plan (COOP), which was last revised in October of I009. The aforementioned incident response plan was written to"describe the steps which are to be taken for physical and computer security incidents which occur within the City ofBoynton Beach fadUty." The itemized "computer security" incidents that are covered are: > "Loss of personal password sheet > Suspected illegal system access(includes account sharing) > Suspected computer breakin [sic] (both internal and external) > Computer viruses" This policy does not cover the border threat of a cybersecurity incident and how the city should respond tom cyberserurity incident. As a result, the city reached out to Dr. Jason Lewis USF, Department of Computer Science and Engineering, and the Institute ofGovernment to engage in and create e ORP following industry and governmental standards. Dr.Jason Lewis is a graduate of Clemson University's PhD in computer science program. Aftergraduation he entered law enforcement, first in Atlanta, Georgia and then Denver, Colorado. While inDenver, Dr. Lewis served on the Colorado Electronic Crimes Task Force,which was hosted bythe United States Secret Service. After medically retiring from |axv enforcement in 2013, Dr. Lewis returned to academia at the University of Colorado Denver, where he designed their first certificate in digital forensics program. In 2015 Dr. Lewis moved tothe United States Virgin Islands where he took an appointment with the University of the Virgin Islands' Department of Computer 8k Computational Sciences program as an USF FIOG Confidential Material 2019/2020 All Rights Reserved Page 3 Page 489Of972 ' ~ assistant professor. During Dr. Lewis'three years at the University of the Virgin Islands he ushered in the University's first degree in cybersecurity and designed the program's five foundational courses. Dr. Lewis took a position with the University of South Florida's Department of Computer Science& Engineering in August of 2018,with the task of helping to lead their new cybersecurity bachelor's program. Recommended Approach The following recommended approach is based on subject matter expertise with an understanding of the current capabilities within the city ITS department. Site Visit The F|OGteam will conduct atwo-day on-site visit(9emtw4pm) tointerview key stakeholders, review critical information technology infrastructure and review SOP and P&P manuals.Specifically,Dr.Jason Lewis will interview with the following key stakeholders(or their designees),to include(but not limited to): > Elected Leaders > City Manager > Director ofInformation Technology Services for City mfBoynton Beach > Director ofinformation Technology for Police Department > Director ofInformation Technology for Fire Department > Director ofInformation Technology for Utilities Department The site review of critical information technology infrastructure shall cover the server rooms,city-owned data-backup facilities,and any other infrastructure deemed appropriate by the city.The review of SOP and P&P manuals will also include discussions concerning said manuals with relevant city employees. Cybexsecunity Incident Response Plan(CIRP) The USF F|OG Team will conduct all required research as well as interview and contract with outside Subject Matter Experts in order to create a Cybersecurity Incident Response Plan that adhere to industry standards and best practices. The final deliverable for this project will be a Cybersecurity Incident Response plan,which will cover areas such as: > Statement mfPurpose > Scope ofthe C|RP > Objectives ofthe ORP > Communication and Coordination during acybemecurityincident > Notification, Escalation,and Declaration > Recovery Objectives > Logical Sequence ofEvents > Composition and Activities mfIncident Management Teams > Incident Response Checklist mUSF pmsConfidential Material zo1o/2ozn All Rights Reserved Page Page 490Of972 The Cybersecurity Incident Response Plan will not encompass the creation of any other documents, including but not limited to:Continuity of Operations Plan (COOP),continuity of Government Plan (COGP),Continuity of Services Plan(COSP), Incident Response Plans that are outside of the scope of a q/bermecurityinddent. Upon completion of the [IRP, the institute will conduct a one day Q hour training workshop on how to implement the ORP. The workshop would be facilitated by Dr. Lewis. The workshop will incorporate lecture style presentations on the contents of the ORP, along with hands-on exercises and a final table- top exercise (war game) which will involve a cyber-attack on the city (ON PAPER ATTACK, NO ACTUAL SYSTEMS WILL 8E AFFECTED)and the participants will have torespond appropriately. The target audience will bethe members ofthe ORPresponse team and city leadership. Critical Success Factors In order for the USF FIOG Team to complete the deliverables in a thorough and timely manner,the city will need toprovide the following items: 1. Access to all Policy& Procedure(P&P)Manuals,Standard Operating Procedure(SOP)Manuals, and similar style documents pertaining to: i. the emergency operation of the City ii the emergency response procedure for the City for any and all incidences iii. the use ofInformation Technology bycity employees and guests 2. During this two-day site visit the city shall provide: i. a secure office(one capable of being locked to prevent unauthorized access) ii. access tminternet iii. access toprinting and copying services Reports tmbe Prepared The USF FIOG Team will deliver in written and digital format, one(1)Cybersecurity Incident Response Plan (CIRP).The digital version of the CIRP shall be in both Microsoft Word and Adobe Acrobat formats and free from license or digital restrictions.The provided document shall become the property mfthe city and aasuch the city shall be entitled to use the CIRP in any and all ways that the Client deems appropriate. Project of the Cybersecurity Incident Response Plan within ninety(90)days of the time that the FIOG conducts the site visit.The one day 8 hour training implementation workshop would be held within thirty (30) days post submission of the CIRP. The project could begin within two weeks of a signed contract. Investment The estimated project investment for the City of Boynton Beach is $12,000.00 for the Cybersecurity Incident Response Plan and the one day 8 hour training implementation workshop. The FIOG is excited about the opportunity to work with the City of Boynton Beach.The ROG believes the services provided will be a significant benefit to your organization.We look forward to working with you. @ USF HOG Confidential Material 2019/2020 All Rights Reserved Page 5 Page 491 Of 972 DEPARTMENT OF FINANCIAL SERVICES x Division of RiskManagement STATE RISK MANAGEMENT UST FUND Policy Number: GL-0281 General Liability Certificate of Coverage Name Insured: University of South Florida General Liability Coverage provided pursuant to Chapter 284, Part II, Section 768.28, Florida Statutes, and any rules promulgated thereunder. Coverage Limits: General Liability: $200,000.00 each person _ 3 , each occurrence Inception Date: July 1, 2019 Expiration Date: July 1, 2020 DFS-DO-863 (REV.7/17) Page 492 of 972 DEPARTmENT OF FINANCIAL SERVICES Division of Risk Management STATE RISK MANAGEMENT UST FUN Policy Number: C-0281 State Employee Workers'Compensation and Employer's Liability Certificate of Coverage Name Insured: University of South Florida Coverage Limits: Coverage A- Compensation coverage is provided to comply with the applicable State Workers' Compensation, Occupational Disease Laws and any rule promulgated thereunder. Coverage $200,000.00 each person $30010, 00.00 each occurrence Inception Date: July 1, 2019 Expiration Date: July 1, 2020 DFS-DO-867 (REV.7/17) Page 493 of 972 DEPARTMENT OF FINANCIAL SERVICES Division of Riska a e e t STATE RISK MANAGEMENT UST FUN Policy Number: AL-0281 Fleet Automobile Liability Certificate of Coverage Name Insured: University of South Florida Automobile Liability Coverage provided pursuant to Chapter 284, Part H, Section 768.28, Florida Statutes, the Florida VehicleNo-Fault Law, and any rules promulgated thereunder. Coverage Limits: General Liability: 200,000.00 each person X300,000.00 each occurrence Personal Injury: $10,000.00 each person $10,000.00 each occurrence Inception Date: July 1, 2019 Expiration Date: July 1, 2020 DFS-DO-864 (REV.7/17) Page 494 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191375 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/26/19 VENDOR 14290 SHIP T0: TO: WATERBLASTING.COM City of Boynton Beach WATERBALSTING, LLC WEST WATER ADMIN 3170 SE SLATER ST 5469 W. BOYNTON BCH BLVD. STUART, FL 34997 CONTRACT NO, BOYNTON BEACH, FL 33437 F E¢UISITION N0.::::7::4450 ORDERING DEPARTMENT: UTIL PWT/WWTP MR DATE NEEDED: BID NO: .COMMISSION APPROVED: d 4 LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED 1 60. 00 HR COATING REMOVAL 325 . 0000 19500 . 00 Coating Removal @ $325. 00 per hour NTE 30 Hours WB.Com to clean the interior of clarifier per Boynton Plant direction. Boynton to - removelime debris from the tank. Boynton to provide .access through panel. .. W8.com will provide confined space equipment U 21xZe waterjet head to -clean line,out: to pond REMARKS: FOR PRESSURE CIEANING .OF THE TREATMENT' BASINS TO REMOVE BUILT'UP LIME PROCUREMENT SERVICES I — P.O TOTAL: 19500.00 ACCOUNT NO. PROJECT 401-2811-536.49-17 PURCHASINGPage 495 of 972 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 .vVtt ! Date: 6-Au Requesting Department: til : Leon Liberus/ !on for Purchase: pressureI ing Treatment BasinsBuilt-UP Lime �Recomrnended Vendor Waterblast;n xt Dollar Amount of Purchase 500.00 Source for Purchase (check and attach backup materlals): Three Written Quotations E� GSA State Contract PRIDE/RESPECT SNAPS Sole our Piggy-Back u e Item Emergency hasOther Contract Number NOTE Priding proposal for purchase must be presented in the same detail oontalned within the contract. 'Fund Source for 401-2811-536-49-17 Approvals: Department Head Date f ' Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 496 of 972 8 0) 0) I I 1 r H H kD N W a 1 1 'o, O i a C W OD 1 H E. CD ® O rN I I W W I Oo o I N Q a I I I O O ,; I Ch 1 611 L(S Z I Ql Ol �• I I H I r4 ri O 1 I H I ,, W 5i I � I IWHH i _ I ��) 1 RO f O 1 I z Cal rr�TTTGiiii B a A O u A r I 1 V] A E+ I O O 1 rte+ I O • ��� � .s O 1 I GO •y,e` ,... 9 W 681 LCI EI O B H rl Calt z U B W �� I H ': O B H Ol 00 O W E� H M 1 O s-a O(D I z 4°I ai Cal 0 I O F ®O O 10 O H • I H 4g] C" W I L(1 H P O I >4 0 O Ea W I Ptl7 zy Cal I O N Ey 1 0 a'�- �M O O 3 I Ey CY I ^� 1 H W I �a z � I Cal wl I pi 4u H 1 zDHy CY I 1 U z z .>>W i W C* L-} W W [� B0 04 H 00 llx as U H 1 O I I z 04 H u H 134 W C4 U ul <1% O H or} A 1 I I W OI N cal eW 01 1 E' E. H � ..0.a rx� en 0 en O H U H Ul 0 1 qday I U) .,U �I IX Cal 1 ® I ^4 ✓l H cl I -H O rl 1J 1 Ulm I 4a Sl Q)lq0 I z 1 �4 4: (d ® Cal B U P' I �4 1-4 d-) a a) 0 Cal P'. I Z U ®. ® U>,14 u)(d r-1 U,ffi 44 W a P O 44(d O U) 4; tr> PRI Ql �4 WEA �U 11--11 1la4 CO }4 ri 41 r1a r4 U)y; 1A S A°a I (D Q)L) Ql 44 O e°7 IX 1 W W E±Q) `r W I 41 Uq JJ OW 1 E� E+ Ln I N H S•4�4 U® •C3 zW� O O C3, 3 B M -x444(d cd rC t7 H El aes s" N Q1 O FraIllH (2) 1.1.4-)-r1 A 3 -1 ri q(d A S0 Q) ul t aN ` J I d6(d (d r-4 Q)O S4 -n H 4 I ° I Y> Q)411°�P Aa 54 X U O O(R r 4 E" J•+ H 0 1 W Q)�j O O r-1 •(d >;A a H W H 01 J 41, 1 tn zOH O � U Q H 14 a 1 FHa-H cn OM,"4�[1+O¢rr4 U U�.p o q H 0 I ^4 rd W �4 E r"I U-Hr4'b 2.(� I P+a IV A N W I OOH HiQ)Q)OM&1O®V 04 A 1 UUz3 R4l4A (1)A Kl H O W 411 I I H W --�j 1 I W H � H� i ra i HH a a z I 1 a 14 a O i Page 497 of 972 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 6 (� H.T.E.REQUISITION# w, Clerk: Procurement Asst: Director: City Manager(non & eded J ca vital and/or$5000+): REASON FOR PURCHASE: Pressure Cleaning of the Treatment Basins to Remove Built-up Lime VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name:Waterblasting Admin. ( ) . Date: 8/6/19 ASAP (x) Address: 317 SE Slater Street Engineering ( ) Date Needed: } Confirm. ( ) Stuart, FL 34997 Cust. Rel. { ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: _ SUBMITTED: Phone(contact): Brent Hoffpauir Water Qual. ( ) Quotes/Verbal O E.Admin. 40 ( ) (over,$500 Phone: 772-223-7393 Pumping ( ) Quotes/Written (X) E.WTP 41 ( ) Fax: (over $2000 Vendor Number - PWTreat. (x ) Bid Docs. O W.WTP 42 (x) Meter Serv. ( ) _ Sole.Source Ur. ( ) P/U 99 ( ) INITIATOR: Leon Liberus, Chief O r Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED. ,. Strmwtr. f ) Project Number J Quan Unit Pricee escrition & Part Number Fund Det Basic Elem Ob Amount .. _ �� _] TE i I .w.... Coating Removal @$325.00 per hour i 2 $9,750.00 401 2811 f 536 NTE 30 Hours 49 17 ( $19,500.00 w.... _ m..._ —- WB.com to clean the interior of clarifier ' i ��"� _ per Boynton Plant direction.Boynton to ! remove lime debris from the tank. Boynton to provide access through panel. WB.com will provide confined space Ec ui ment. w Utilize wate{let head to clean line out to pond t Proposal# BYN 1901 ... ti. I Total ..W..�. ..... $19,500.00 Page 498 of 972 P Utilities Department 124 E.Woolbright Road Boynton Beach,Florida 33435 Phone(561)742-6400 a FAX:(561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES UOTATIS ITEMS QUESTED: Pressure Cleaning of the Treatment Basins to Remove Built-up Lime Proposal# BYN1901 VENDOR #1: Waterblasting DATE: 7/17/19 CONTACT PERSON: Brent Hoffpauir PHONE NUMBER: 772-223-7393 QUOTE: $19,500.00 VE O #2: Southland Painting DATE: 7/30/19 CONTACT PERSON: Jeff Verhelst PHONE NUMBER: 954-748-2770 QUOTE: $31,700.00 VENDOR #3: Hartzell DATE: CONTACT PERSON: Mike Goodwin PHONE BER: QUOTE: No Quote ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 499 of 972 ' � Marmer, Eric omm From: Ubems, Leon Sent: Tuesday,August 20, 2O1912iX) PIVI To: KXamner, Eric Cc: Roberts, Melissa; Roland, David Subject: VVeberb|astiny Requisition Attachments: FW:Cleaning Worth Basin Good Morning Eric, David Roland, Utilities East Plant Lead Operator, made three (3) attempts by phone to get a quote for the cleaning of the North Treatment Basin. The initial call was made on July 12 th, and aside from the attached email inquiry to Mike Goodwin nfHartzell, vvedid not keep arecord ofthe date and times ofthe follow-up phone calls. VVeare not aware of any other company that performs the required work. Regards' Leon Liberus. Leon Liberus Chief Operator Boynton Beach Utilities City ofBoynton Beach 546gVV. Boynton Beach Blvd. | Boynton Beach, Florida 33437 561-742-6953 754-567-7827 561-731-0065 |iberus|@bbfl.us http://vvvvvv.boynton-beach.org/ T �� " America's Gateway tDthe Gulfstream Please beadvised that Florida has abroad public records law and all correspondence tomevia email may besubiec{tn disdosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication.^and your e-mail address may besubject topublic disclosure. ' Page 500 of 972 2 Marmer, ..Eric From: Roland, David Seat: Tuesday,August 6, 2019 2:06 PM • Liberus, Leon Subject: F : Cleaning North Basin David Roland Water Treatment Plant Lead Operator ak, Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. f Boynton Beach, Florida 33435 t{{ �s�'��x .,� M b��' 561-742-6434 Mrd` hsrs �,.. RolandD@bbfl.us ��„ http://www.boynton-beach.org/ di America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Roland, David Sent:Tuesday,July 23, 2019 1:26 PM To: 'mgoodwin@myhartzell.com'<mgoodwin@myhartzell.com> Cc:Liberus, Leon<liberusl@bbfl.us> Subject:Cleaning North Basin Good afternoon Mike, Just wanted to know if you have and update on the a quote for cleaning the North Basin.Also wanted to know if you received the email I sent you last week on the North Basin. Thanks, David Roland 1 Page 501 of 972 3170 SE Slater Street,Stuart FL 34997-Office 772.223.7393 I Fax 772.223-5461 •' , ' Equal Opportunity Employer ProposalProposal# BYN1901 Date:7/15/2019 INSTRUCTIONS FOR EXECUTING CONTRACT AGREEMENT Please print,execute and return a signed copy of the following proposal and all associated documents. Please note that proposals are valid for 30 days and are subject to re-negotiation after that point.After the proposal is received and fully executed,the document will be signed and one original will be returned to you for your records. Please be sure to: • Identify FDOT#'s and Project Fin#'s • Notify us of Prevailing Wage,Certified Payroll,and EEO circumstances. Provide accompanying documentation and contact information for the officers responsible for handling each. • Contact Scheduling Coordinator within 2 weeks or as soon as possible to schedule removal at brent;ra:±waterblastin .ppm or 772-260-3429. Notify us immediately of any scheduling conflicts or changes Please contact Waterblasting LLC for any questions,concerns or support at 772-223-7393. Page 11 Page 5,02 of 972 3170 SE Slater Street,Stuart FL 34997-Office 772.223.7393 I Fax 772.223-5461 Equal Opportunity Employer ProposalProposal# BYN1901 Date:7/15/2019 David Roland Project Name: Clarifier cleaning Boynton Beach Water ProjectLocation:Boynton Water Plant 1602 Seacrest Blvd Project City,State: Boynton Beach Boynton Beach,FL FINM T : We hereby propose to furnish the equipment and labor necessary for the completion of Ultra High Hydroblasting to remove the following materials/markings including utilizing a vacuum system to recover all water and associated debris. Removal Type Unit of Unit YP Estimated Quantities Price Total Measure Coating Removal $325.00 per hour NTE 30 Hours $9750.00 WB.com to clean the interior of clarifier per Boynton Plant direction. Boynton to remove lime debris from the tank. Boynton to provide access through panel. WB.com will provide confined space a ui)ment. Utilize watedet head to clean line out to c7nd Estimated total for product Removal Only: NTE$9750.00 Cancellation Charge:This charge will be applied(Per truck)if the Job is canceled with less than 48 hours'notice prior to scheduled Job"start time".Cancellations must be directed to the scheduler of operations at(772)260-3429 $800.00 Mobilization Fee:This is a(Per Truck)charge to cover costs associated with relocating equipment to the geographical area of the Proposed work site.Once the equipment is located in the Vicinity of the Job work site this charge will NOT be included charged on a daily basis. Daily Minimum:This Charge will be applied(Per Truck)in the event that the total quantity removed by each individual Truck on a daily basis does not equal or exceed this Baily minimum value. $3200.00 Customer agrees to provide a legal water supply site onsite. If it is required that Waterblasting,LLC supply the Water Supply: water required for any scope of work there will be an additional$150.00 added to each Invoice.(Per truck/Per day). Thickness: Profile Acceptance: An authorized representative for the customer will be on-hand at the start of the project and at intervals throughout the project to approve the profile and acceptability of work. Traffic Control: Property Protection: Customer is responsible for protecting surrounding property,pedestrians,and other traffic. Joints and Edging: Marking materials shall be removed from the horizontal surface.Waterblasting provides no protection of any joint sealing material at the horizontal/vertical transition,expansion joint,or crack/crack sealant,etc. Raised Pavement I - - Markers: Cleanup: Waterblasting,LLC will wash down areas once cleaning is complete. Dump Site Customer will be responsible for providing a readily accessible dumpsite on location Page 503 of 972 3170 SE Slater Street,Stuart FL 34997-Office 772.223.7393 1 Fax 772,223-5461 ° Equal Opportunity Employer � Date:7/15/2019 Any situation that could result in possible back-charges must be brought to the attention of Waterblasting in writing within 24 hours of when the incident occurred. Waterblasting,LLC will be given the opportunity to fix/repair the Back Charges: dainage before any back-charges are incurred or within 24 hours of when Customer should have discovered the condition upon its exercise of customary due diligence,whichever is earlier. Such notice shall provide sufficient detail to Waterblasting,LLC noting it is the sole and direct cause of the condition and shall provide Waterblastin .com a reasonable opport it} in adv ce of° y assessment of a back charge to address the situation, Page_ 12 TERMS AND CONDITIONS I, Prices contained in this proposal are only valid for thirty(30)days from the date of this proposal;any time period beyond these 30 days may result in prices being subject to re-negotiation. IL All these terms and conditions shall remain in effect during the duration of the project and shall be controlling as to any claire,dispute,warranty or issue arising after the work. III. Changes to the scope of work contained in this proposal may be considered a change order and subject to re-negotiated pricing.Waterblasting,LLC reserves the right to review any change order to determine if any change in terms and conditions is required. IVa Payment shall be made by check to the operator the day of scheduled service,or in payments(ifpre-approved for credit terms y CFO)as a percentage of the whole contract every 30 days based upon the percent of work completed and invoiced, without any retention being field by Customer. No Retention.Final payment shall be made within 30 days of substantial completion of Waterblasting,LLC work. 'There will be a 1.51®per month charge for any balance not paid within 30 days, V. The Non-disclosure of Prevailing Wage rate requirements prior to issuance of this proposal may result in the difference between Waterblasting,LLC pay rates and the regulated Pay rates being added to the invoice at the time of Billing. VI. The customer stated above and Waterblasting,LLC agrees to cooperate in scheduling to avoid conflicts or interference with either 's performance. Waterblasting,LLC is unable to schedule or carry out any removal on#Eris project until a Signed and Accepted Proposal or Sub Contract is received by Waterblasting,LLC confurning that all Prices and the terms and conditions are accepted as presented,It is understood and agreed that these terms and conditions shall prevail over any inconsistent term in Customer's purchase order or other documents. o terms and conditions altering or modifying the provisions shall be binding on Waterblasting,LLC, There are no terms,conditions,understandings,or agreements other than those stated herein,and all prior approvals and negotiations are merged herein. VIII. It is agreed that the exclusive venue for all claims,actions or suits concerning the validity,interpretation or per a .ance of y of the terms,provisions or warranties of this Agreement,or any other matter relating to this Agreement shall be in a court of competent jurisdiction in Martin County,Florida,with the prevailing party being entitled to recover its attorney's fees and legal costs incurred before,during and after suit,and through trial and appeal,from the other party. Ix. No claim for damage or any claim other than for an extension of time shall be asserted against Waterblasting,LLC by reason of any delay no matter how caused and Waterblasting,LLC shall not be liable for any delay or failure of performance clue solely to strikes,fires or other causes beyond its control. X Waterblasting,LLC liability in any claim or action related to its work under this Proposal shall in no event exceed the amount of the Proposal and such liability may be:fully discharged by a reimbursement of any payments received by Waterblasting, LLC from Customer under this Proposal. This limitation of liability is expressly intended to apply to all types of claims, including but not limited to claims for Waterblasting,LLC own negligence. Waterblasting,LLC shall have nage t4 of 972 ! e{ i yx 3170 SE Slater Street,Stuart FL 34997-Office 772.223.7393 I Fax 772.223-5461 Equal Opportunity Employer Proposal# BYN1901 Date:7/15/2019 responsibility for any damages or injuries caused by others or caused by events or circumstances beyond its reasonable control. XI. Customer is responsible for advising Waterblasting,LLC in writing at the time of accepting this Proposal of any and all objects,structures,pipes,cables,lines or other such items which could be damaged by Waterblasting,LLC during the performance of its work. Page 13 XII. Customer shall immediately inspect the work when substantially completed by Waterblasting,LLC and advise Waterblasting, LLC in writing of any aspect of the work which is not acceptable,providing Waterblasting,LLC a reasonable opportunity to address such issue. A full and complete acceptance of the work shall be presumed upon the Customer making final payment. Waterblasting,LLC warrants its work will be free from defects and be performed in a good workmanlike manner. Waterblasting,LLC provides no warranties,express or implied,including but not limited to any implied warranty of merchantability or fitness for a particular purpose. Waterblasting,LLC shall not be responsible for any special,incidental or consequential damages. ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payments will be made as outlined above. Customer Signature: Print Name: Title Date: Please indicate by circle if this is a Yes No Certified Payroll Project Prevailing Wage Conditions Yes No Please indicate by circle if this is an Yes No EEO Project Waterblasting,LLC Signature: Print Name: Title Date: Page 505 of 972 3170 SE Slater Street,Stuart FL 34997-Office 772.223.7393 1 Fax 772.223-5461 1 N, Equal Opportunity Employer Proposal# BYN1901 � Date:7/15/2019 Respectfully Submitted: Brent Hofftiauir Page 14 Communication is the Key to Successful Projects To help ensure project performance this page can be given to Project Manager, Field Supervisor, Traffic Control Supervisor, etc. Tight Schedule:Early details can help us know when to make a critical adjustment to the truck. Tell Us Earle: Shift lengths,lane restrictions,quantity goals,anticipated"idle time"and of multiple line widths if possible.(i.e.,channel, gore,lane,edge)Inform us of any,,substantial(luantity changes Water: Clean hydrant water only.No quarry water,pond water,stream water etc.as they contain too much algae and dirt and will clog filters quickly.A water truck is OK if no rust or dirt,the tanker is equipped with a pump,and the operator is on hand to operate the tanker truck for filling our truck. Discharge water:_Customer needs a plan and location on the job site that is ready to discharge filtered vacuum water mid-shift. (+/- 1,200 gal.). Cannot be within 150'of a standing body of water per EPA. Potential for extra work:We can best accommodate added work when we know about it early in the shift. Idle Times: Idle times are expected,but please tell us about how long we'll be down so that we can know which machine tuning tasks we have time for. Transverse line or sto bar/crosswalks: These may require us to set up a special spraybar.Notify us early. T °l)es of Paint:As much as possible tell us of all variables such as Thermo,Temp,Epoxy,ETC. Layout:Please paint"Start Remove"and"Stop Remove"with small arrow or brackets to identify all removal items Clean Site Conditions:Blasting head requires the removal area to be free of 's,gravel,litter,dirt, sand,equipment,and materials Production killers: Thick paint,transverse lines,weak pavement,continuous switching sides of blast head. Preferred .O.T: Please allow safe area for occasional stopping and for truck adjustments. (To be done outside of truck) Be available:Make sure we have easy access to ask you questions that may affect machine management Page 506 of 972 3170 SE Slater Street,Stuart Fl.34997-Office 772.223.7393 1 Fax 772.223-5461 Equal Opportunity Employer r Date:7/15/2019 It is im octant to -et the Waterblaster's Name and Phone_#.....and give him vours as well. Page 15 We appreciate the opportunity to work for you. The information below is intended to help you with contacts in our working relationship. Companv Information Waterblasting LLC 3170 SE Slater St, Stuart,FL 34997 EIN 47-2876221 Contact Information MANAGEMENT/SCHEDULING Brent Hoffpauir 772-260-3429 brentta waterblastin�com ACCOUNTS RECEIVABLE/RELEASES/CERTIFIED PAYROLLS Elizabeth Ogrodnik-Daunt 772-223-7393 elizabeth#'g,,waterblastin com EEO Maria Lopez 772-223-7393 maria(a.waterblastin; com PfgAJ6 507 of 972 Industrial Painting—Sandblasting—Waterproofing Cementitious Coatings— Farrow Sandblasting System UTHLMD - SPE fied—SFCeifieOrg PAWNG Certified SBEro ar County CSBE CertiFloor Coatings— Plural Components—40H P.S.I. - - Certified t r City of BoyntonBeach ote#16775 j July 2 ,2019 Attention: Mr. Ron Bergman and Mr.David Roland M. t UEST FOR PROPOSAL-_REMOVAL OF EXISTING L FROM STEEL SURFACES INSIDE 60Ft SQUARE TREATMENT UNIT-EAST WTP BOYNTON BEACH In reference to the aforementioned project and your request for a quotation, we hereby have the pleasure to quote you our price as follows: Our price includes supplying of all labor, materials and equipment to remove the lime build up on the steel surfaces of this unit,with the exclusion mentioned below. Our }rice does not include: Cleaning of the interior concrete. Steel repair if needed. Removing and reinstall of electrical items(If needed) Removing nor adjusting of weir(If any) Cleaning and Coating or touch-up of submerged steel or concrete. Removal of lime out the unit and dispose as per local, State and Federal Regulations. Our price does include: Supplying of all labor,materials and equipment to complete the work as per specified below. 2 Sub er-ed steel su aces o 60 S ware concrete water treatment g r®ler mechanism_. Surface Preparation: Remove all lime deposits from submerged steel surfaces using 40,000 P.S.I. machine. TOTAL PRICE THIS WORK FOR 1 TREATMENT UNIT:$ 31,700.00 Please feel free to email or call me if you need more information. Sincerely Yours Jef Verhelst Southlandi tinCorp Southland i ti is a Statef Flodda Womensi ss. S.F.W.M. and Broward County Ceitified C.S.&E NACE Certified Coatings Inspector Leve/III on Staff/Certified Concrete Inspector on Staff Cerdriedr/ i - QP 2 Contractor . .954-854-3136 uthlandalntin-cot cpm cell/954-748-2770 office/954-748-2901 fax/Email: pfi mv45�Lmsn com Q 16775 Boynton Beach UHP Cleaning of lime of steel surfaces lnsMe 60 ft square WT Unit Main Office-2635 NW 44'Street•Fort Lauderdale,FL 33311•954-748-2770•Fax 954-748-2901 Page 508 of 972 Roberts, Melissa From: Roland, David Sent: Tuesday, August 06,2019 2:08 PM To: Liberus, Leon Subject: FW: Cleaning North Basin David Roland Water Treatment Plant Lead Operator r, Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6434 RolandD@bbfl.us "' http://www.boynton-beach.org/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Roland, David Sent:Tuesday,July 23, 2019 1:26 PM To: 'mgoodwin@myhartzell.com'<mgoodwin@myhartzell.com> Cc: Liberus, Leon<liberusl@bbfl.us> Subject:Cleaning North Basin Good afternoon Mike, Just wanted to know if you have and update on the a quote for cleaning the North Basin.Also wanted to know if you received the email I sent you last week on the North Basin. Thanks, David Roland 1 Page 509 of 972 I-'ar a ERequest for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester.Do not of the 10 Go to wwwJrsgov1ForrnKV for Instructions and the latest Information. send to the IRS. I Name(as shown on your income tax return).Name Is required on this line;`d;'jF not leave this line Wbiank JOHNSON-DAVIS INCORPORATED 2 Business ii-a' entity name,if different Froin`above _'__­_,_ C1 0 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. only one of the 4 Exemptions(codes apply only to a01 following seven boxes. certain entities,not Individuals;we Instructions on pap 3): 0 a n Individuallsole proprietor or 0 C Corporation M S Corporation 0 Partnership ❑Trust/estate CA singto-member ULC ExeLnp!payee coded any) _,_._.__ �10 n LJmfted liability company.Enter the tax classification(C=C corporation,S=S corporation,P=PartnersNp)10, 0� 2 Note:Check the appropriate box In the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting - 1; U-C If the LLC Is classified as a single-member LLC that is disrega ed from the owner unless own ofthe LLGIS rd ow a IN he or another LLC that Is riot disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(ifany) Is disregarded from the owner should check the appropriate box for the tax classification of its owner. or F] Other(see Instructions)P, CL 4 ............ ,ry _AddrM%4nUMWGtr9etQndjpi_ 604 Hillbrath Drive -RoqueaWs name andaddrass(optimnal) (n 6 City,state,and ZIP code Lantana,FL 33462 T_LM account number(s)here Enter your TIN in the appropriate box The TIN provided must match the me given on line I to avoid Social security number ackup withholding.For individuals,this is generally your social security number(SM).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions f«Part 1,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see Now to get aTIN,later. _M _TFM or..----..-.. --_ Note:If the account is in more than one name,see the instructions for line 1.Also sea What Name and ['iinployeiridiniiio�ntf Number To Give the Requester for guidelines on whose number to enter. �`-� �� 1"W Certification ir�ftific avi on__-- Under penalties of perjury,I cWrtify—that. 1.The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered an this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup Withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,Rem 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than Interest and dividends,'you are not required to sign the certification,but you must provide your correct 11N.See the Instructions for Part 11,later. Sign Sign ture of e,6 Here U.S,Person 11� Date► General Instructions Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise noted. 9 Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) Future developments,For the latest Information about developments -Form 1 D99-B(stock or mutual fund sales and certain other related to Form W-9 and its Instructions,such as legislation enacted transactions by brokers) after they were published,go to.wwwJrs.gov1FbrmVl/9. *Form 1099-5(proceeds from real estate transactions) Purpose of Form -Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requested who is required to file an *Form 1098(home mortgage interest),1098-E(student loan interest), Information return with the IRS must obtain your correct taxpayer 1098-T(tuition) Identification number(TIN)which may be your social security number &Form 1099-C(canceled debt) (SSM,Individual taxpayer identification number(ITIN),adoption taxpayer Identification number(ATIN),or employer Identification number 9 Form 1099-A(acquisition or abandonment of secured property) (EIM,to report an an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns Include,but are not limited to,the following. If you do not return Form W-9 to the requester with a 7?N,you might ■Form 1099-INT(interest earned or paid) be subject to backup withholding.See What Is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-201a) Page 510 of 972 ACCORLY® DATE IMMIUD/YYYY) CERTIFICATELIABILITY I 08/07/2019 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on this certificat11 e does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Sara Douglas Lassiter-Ware Insurance of Maitland PHONE 8 FAl( "" (800)845-8437 (888)883-8680 LAIC No.Exf}: 2701 Maitland Center Parkway €MAILss: ;ANod, ADDRESaraD _assiter-ware.com Suite 125 -" INSURER(S)AFFORDING COVERAGE NAIC# INSURERAu-- _______m... � Maitland FL 32751 Amerisure Insurance Company 19488 _ .... _ �.. a _--..... . INSURED INSURER B: North River Insurance Company 21105 Waterblasting LLC,et.al. INSURER c: Amerisure Mutual Insurance Company 23396 e.am Pressure Cleaning Services,Inc.dba Waterblasting.com INSURER D: a 3920-3930 SE Commerce Avenue INSURER E ..-_, Stuart FL 34997 INSURER URER F. COVERAGES CERTIFICATE NUMBER: 19-20 Master PCS REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �..._, PLicv EFF bt Id— LTR ExP /LTR I TYPE OF INSURANCE INSD WVP POLICY NUMBER MM/DDIYYYYMMIDD[r LIMITS EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY S RRENCE # �-...$ w..... ir.At R F G1' t ` CLAIMS-MADE OCCUR .,�. w - MED EXP(Any one person) [$ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: 1 GENERAL AGGREGATE $ �„PRODUCTSSCOMPIO POLICY [7PE0 LOC _ �.r ._..v_ .— PAGG $ ' OTHER: .,......- __ _....�...,...........m.... _..... f AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT i $ 1,000,000 X (Ea accident� ANYAUTO BODILY INJURY(Per person) I..$ A ,:,.. .. OWNED SCHEDULED ._- - ........_..,,..,.... .,-.._..- AUTOS ONLY AUTOS CA20687550901 04/01/2019 04/01/2020 BODILY INJURY(Per accident) $ X HIRED NON-OWNED - � - - ,„„m AUTOS ONLY Fx PROPERTY DAMAGE . AUTOS ONLY $ -Per accident[_.. ,$ .._ PIP-Statutory $ 10,000 X UMBRELLA LIAR X,OCC. EACH OCCURRENCE $ 10,000,000 DED EXCESS LIAR 5811112629 04/01/2019 04/01/2020 ,AGGREGATE $ 10,000,000 CLAIMS MADE B WORKERS C X�RETENTION$ O $ ._.w�..., m. . _ ........ „,_. '""""-/'PER OTH�,..�_.-w COMPENSATION , AND EMPLOYERS'LIABILITY YIN X STATUTE .._._ ER ANY PROPRIETORIPARTNERIEXECUTIVE 1 DOO,000 A OFFICERIMEMBER EXCLUDED? NIA WC20687580901 Incl.USL&H 04/01/2019 04/D112020 .E.L._EACH AccIDENT $ .....w.w.,.� If yes,d ory in NH) E.L.DISEASE-_EAEMPLOYEE $ 11000,000 Ifyes,describe under I•�...�.. - .�..,..._.v...�.___, DESCRIPTION OF OPERATIONS below ....... �.E.L.DISEASE POLICY LIMIT $ 1,000,000 C I Inland Marine Leased Equipmnt $325,000 CPP20687561202 04/01/2019 04/01/2020 /Rented DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES ACORD 09,�Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE_HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Baynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. 5469 W.Boynton Beach Blvd '..AUTHORIZED REPRESENTATIVE Boynton Beach FL 33437 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 511 of 972 r ® CERTIFICATE OF FDATE(MMIDDIYYYY) LIABILITYI os/o71 019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME cT Sara Douglas Lassiter-Ware Insurance of Maitland PHONE (800)845-8437 FAX (888)883-8680 2701 Maitland Center ParkwayE-MAIL EM' - A/C Nor: SaraD lassiter-ware.com __. ADDRESS. @ _a.._ u _... a� �_._....... Suite 125 INSURERS)AFFORDING COVERAGE MAIC q Maitland FL 32751 INSURERA: Crum 8,Forster Specialty Insurance Co g 44520. �.. e_., .. _ - . INSURED INSURER B _........ ..... ..- ,_.....,.....w, ,.__.... _.. Waterblasting,LLC et al. INsuRER c. — � _.._.................._ _.., ... Pressure Cleaning Services,Inc.Waterblasting.com INSURER o 3920-3930 SE Commerce Avenue INSURER E w Stuart FL 34997 INSURER F: COVERAGES CERTIFICATE NUMBER: 19-20 Master PCS REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT R, I POLICY EFF a POLICY E hC LTR's TYPE OF INSURANCE Itl5 WVt� POLICY NUMBER jMMIDDIYYYY s(P LIC EXP LIMITS o ..w... . ......,,.,.� ......,.�... ...�..., -... ,.., _....m.-,... X.COMMERCIAL GENERAL LIABILITY ---- I EACH OCCURRENCE ,$ 1.,000,000 CLAIMS MADE ®OCCUR 'a7 k P°r SQ,000 �. s F'`svii a u en $ _.., X Pollution MED EXP Amr one,, °n) $ 5,000 A Y EPK-126461 04/01/2019 04/01/2020 PERSONALBADVINJURY $ 1,000,000 Gi AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000000 ._.,.e_.- ,, POLICY ®jE F LOC PRODUCTS-COMP/OP AGG $ 2,000,000 ..m.,,_ .,.. ....,, OTHER: f� Pollution Liability Each $ 1,000,000 AUTOMOBILE LIABILITY .COMBMIED�NNGLE LIMIT Y-,Ea accldentt „,W $ . ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED '• -°— ----' L AUTOS ONLY ,, AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PF:OPERTY DAMAGE AUTOS ONLY AUTOS ONLY Y 1 IPer accidem S $ UMBRELLA LIAB OCCUR EXCESS LIAB H OCCURREN $ ((( ""E EACCE'.__ ....- CLAIMS-MADE AGGREGATE DED L RETENTION$ $ WORKERS COMPENSATION v�PER I w r,••.i OTH- ANDD EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N I A a E.L.EACH ACCIDENT $ (Mandatory in nd ELDISEASE EA EMPLOYEE $ If yes,describe aunder '. �,.....� DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ __. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 161,Additional Remarks Schedule,may be attached if more space Is required) City of Boynton Beach is included as additional insured under the terms and conditions of the General Liability Policy with respects to work performed by the named insured,when required by written contract. CERTIFICATE HOLDER_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. 5469 W.Boynton Beach Blvd. AUTHORIZED REPRESENTATIVE Boynton Beach FL 33437 r ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 512 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEA6H,FLORIDA 33425-0310 P-0- #: 191379 VENDOR 17829 DATE: 08/30/19 TO: IGM TECHNOLOGY CORP SHIP TO: 2 BLOOR STREET WEST City of Boynton Beach 7TH FLOOR FINANCIAL SERVICES TORONTO, ON M4W3E2 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION N0. 74604 - - ORDERING DEPARTMENT: FINANCE/LK DATE NEEDED: _ • , ®• CONTRACT NO. a COMMISSION APPROVED: ®®• LINE# QUANTITY UOM ITEM NO. u AND DESCRIPTION EXTENDED 1 19000. 00 DL ACCESS TO GRAVITY - UNIT COST COST REPORTING PUBLIC SECTOR 1. 0000 GRAVITY STARTER KIT 19000. 00 PLATFORM INCLUDING Cp, ULL & BUDGET, ADA FR COMPLIANT :PRODL7CT.: *ACCESS TO THE GRAVITY CLOUD PLATFORM FOR ONE YEAR.: (ADA. COMPLIANT` PROI?UCT:)' *5 FULL ACCESS USERS. *24X7 GRAVITYTECHNICAL,. SUPPORT. *'MAGEMENI' POR?I'AL .WITH 3 PASHWARDS. INCLUDING IMPLEMENTATION TRANS DATA. PARENCY OPEN 2 3000 . 00 DL IMPLEMENTATION SERVICES FOR BUDGET BOOK 1.0000 *ITO 8 HOURS OF ONLINE TRAINING: 3000. 00 *IGM :CONSULTING .SERVICE.S IN SETTING UP & USING:' GEAVITY TO .PRODUCE BOOKTHE NEXT BUDGET : *3 1.v1ANAGEMENT POTAL.DASHBOARDS. *IMPLEMENTATION OF THE TRANS PARENCI' M077ULE. REMARKS; ADA C©MPLIAITT SOFTWARE S CARR, ERVICES: FOR: BUDGET BOOK & PROCUREMENT SERVICES: ACCOUNT NO, P.O. TOTAL: 22000. 00 001.-1410-513.64-14 PROJECT e 513Af -72 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1%000 Date: 8/26/2019 Requesting Department: Finance Contact Person: Tony Davidson Explanation for Purchase: The service agreement covers annual fees: $19,000 USD per year and Implementation.Fee (one- time): $3,000 with up to 5 Full Access Users to access the "Gravity" application. IGM Consulting Services will set up and grant access to use Gravity to produce the next Budget & CAFR documents, create 3 management portal dashboards, plus implement a Transparency module. Recommended Vendor IGM Technology Dollar Amount of Purchase $22,000.00 Source for Purchase (check and attach backup materials): Three Written Quotations ® GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: - 001-1410-513-64-14 - Approvals: Department Head Date Purchasing Agent Date 9129! _ Asst City Manager Date Cit Manager Y 9 Date ,<4-L-1 Form Revised 02/01/02 Page 514 of 972 (1 0) N a 00 61 I I I El 0 0 F.,a F.,a ' 070 0 0 10 0 O q q ' a o 0 0 SH 0 I I U f"7 N f . 0 ,0 w > i i 4 H 0 H (J w I ' x z q ' - WHy CT i ro 1 ' WHgx 0 � I I Q Co W r-I ra xO i o 0 0 U O w o0i 0 o i H U H M N N W O O W sr W rU)OO Hi 0 0 d 000 z roc 0 0 Z F7 O 1 0 x o00 �w GOJ U U i o 0 H O 000 O a m F ; ° N H O h o iH y a rx vi 0 m0 2 z . H O O 0 I O H NO1H 14 �+ O W H i HN NM I H w H H Ch I Cl) wx I W 7 H E. z 0 H h Qi q q d 1 1 O W H O O W H ; 44 17 Z W o H W H , 0 0 z C147 WH 04 dW O H i 0 a ' H U z I H 0 aC 1 0 0 i W 7d 0Hi H W 7d i r 1 P4 m0 i i d H q I U7 z U) 1 U ' O H H UO] C7 Cry W Z z ' U z a en wx en 1 C7 H O H M u H E. H 7 Ix 7 a W W H Ha ou La p ; a w H I 00H W H 7 H x dG q O a0 O W7W 7d a� O pqp OW �U dfx dp� 0 >1 0 W rG W a r 44 r-4 3 3 U1 1 0p0 H W04i WuHW za CaElMP s W HH HfOAOq OHq 0 0 r r BHE-1 en w Wa a Orin 1 Oen MHV)iCOQa000 awxaa� .�+ Ufa Q af� 3W I'.� en�$w 1 wwww w u11 o �quLaz 0HHx0 �z HPHE e.4'D U wMWaU WWrrlZxHaU U v£ l �# a s w xwl0H MZN w MH 1 0 0 U a 1 H UHaen Hu0Hxgxen H U1 °e�.to 0xw HZ>EF HIxW I ' � `«u uwlU�,]1 E'� W>OWWr�r.>:1FW H H 1 E H 7� W4-muHOC7s d' FP rT I Ha u 7wHHaH eno bo aH -1 r� Hwx X CDgaz=w 1 ✓ w en OZOO zwzO 000 —� ; w w Gw Z FGH F wHad .•uw OOr4HIXEaHuw 1 M M gHaZH m O z 0 UHHH .. .. E-00 Wx4 •- H O I H O U✓z4D+q 4=)OZH>•Iq H H 1 OH WE,E+ 4 WElP0 H WPr4ZHO Hou7 0I.h ".ZaHEL Zi0"Zi C f4HX 1 Wri H 10 a 1 >4r4M w7C7WwgX W QE 1 W V HH O H 1 egp0cn d C7Xd0 £0UH WOO I ®� U0 V4 1 enHgW •7r RCW�U WH H r4xu 1 00 0 va U 1 W57u NN 1-7xm .a x� a m H O Cl) I U WUl rr N0;-) NNO X07 a H WW i U 04wMNs�XUM E')H r+ r)ca i W a 1 �C7�* ?+x * H Hx 0 x 1 a U1 H W 1 H N I Z,4 N 4z I H Page 515 of 972 d CL 6V C3 CC LL w 06 6 +ea } v � CL L6 Z Kn a85 0 c la ar�3 C�) m 0 cn ry ° 0 C u- ® Z, 0 in� ass` " p vv 0 aea � .he 0 0 T a) �t � u 0 O- `+ 2 m ccL C: U WW c Go t - — � u a, C to um '� €, C (y w�" 4— C 0 - C z U. t9 MccU in to w ¢n ua LL dc Ln ''' 0 Ikn to Qj 12c c 0 i bo e ° 0 0 a?'Lrl CL r sem' CL CL CL E an o 0 � LO, C,4 � T , ._ w OL OL h G- ®.t3 • t� ass C� Page 516 of 972 TECHNOLOGY SAAS SERVICES O"ER FORM Customer: 7%p e C42if6 y of eac _ thonv Davidson Address:3uantum Blvd,Suite 101 Phone (210 335-0514d E- ile ' n fl A P lc for rin (he"S ice(sy). Services Few: $19,000 USD r Year, le in advance. ServiceTerm: 1 [One]e]Year Service Capachr.The tomer rightto identify to 5 Full Access U to ss a a plic on.o vr'jon I e will Use commercially reasonable efforts to vi a ices crb in the Statement of Work("SOW') ed as E 'bit A h ("I 1ed on S "), Customer all pay COTPWY e l in e tam in. 11MIllementRUM Fee(one-time). 3, _: b SAAS SERVICES This SaaS Services Agreement("Agreement")is entered into on this At ._ day of 2019(the 'T 've to") b T o a o s at 2 1 r est, 7th Floor, Toronto, Ontario ("Com y"), and the Customer listed above C' tomer"). nds AgMqMjpLjng1udesand er Fo e e Rttacherl T tv i Ai lMin limi •cmc n ,rcp of l or y ° or s` if signed y the parties after the date hereof IGM Technolloff Corp.: The City of Boynton Beach: ionBy — _ _.. ...,. By:! MAO ' Title._,_,_ Title: .�.YJ ,�i:y 1 � ►4 lr iLA VeotstltKC l Page 517 of 972 IGM TECHNOLOGY TERMS AND CONDITIONS 1. SAAS SERVICES AND SUPPORT ("Customer Data"). The Receiving Party agrees: (i)to take 1.1 Subject to the terms of this Agreement,Company will use reasonable precautions to protect such Proprietary Information, commercially reasonable efforts to provide Customer the Services and (ii)not to use (except in performance of the Services or as in accordance with the Service Level Terms attached hereto as otherwise permitted herein)or divulge to any third person any such Exhibit B. Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five 1.2 Subject to the terms hereof, Company will provide (5)years following the disclosure thereof or any information that Customer with reasonable technical support services in accordance the Receiving Party can document (a)is or becomes generally with the Support Terms attached hereto as Exhibit C. available to the public,or(b)was in its possession or known by it 2. RESTRICTIONS AND RESPONSIBILITIES prior to receipt from the Disclosing Party, or (c)was rightfully disclosed to it without restriction by a third party, or (d)was 2.1 Customer will not,directly or indirectly:reverse engineer, independently developed without use of any Proprietary decompile,disassemble or otherwise attempt to discover the source Information of the Disclosing Party or (e)is required to be code, object code or underlying structure, ideas, know-how or disclosed by law. algorithms relevant to the Services or any software,documentation 3.2 Customer shall own all right,title and interest in and to or data related to the Services ("Software");modify,translate,or create derivative works based on the Services or any Software the Customer Data. Company shall own and retain all right,title(except to the extent expressly permitted by Company or and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any authorized within the Services);use the Services or any Software software, applications, inventions or other technology developed for timesharing or service bureau purposes or otherwise for the in connection with Implementation Services or support,and(c)all benefit of a third party;or remove any proprietary notices or labels. intellectual property rights related to any of the foregoing. 2.2 Customer represents, covenants, and warrants that 3 No rights or licenses Customer will use the Services only in compliance with 3. es aregranted except as expressly set Company's standard terms of service then in effect(the"Policy") forth herein. and all applicable laws and regulations. Customer hereby agrees 4. PAYMENT OF FEES to indemnify and hold harmless Company against any damages, 4.1 Customer will pay Company the then applicable fees losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees)in connection with any claim described in the Order Form for the Services and Implementation or action that arises from an alleged violation of the foregoing or Services in accordance with the terms therein (the "Fees"). If otherwise from Customer's use of Services. Customer's use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of 2.3 Customer shall be responsible for obtaining and additional fees(per the terms of this Agreement), Customer shall maintaining any equipment and ancillary services needed to be billed for such usage and Customer agrees to pay the additional connect to,access or otherwise use the Services,including,without fees in the manner provided herein. Company reserves the right to limitation, modems, hardware, servers, software, operating change the Fees or applicable charges and to institute new charges systems, networking, web servers and the like (collectively, and Fees at the end of the Initial Service Term or then-current "Equipment"). Customer shall also be responsible for maintaining renewal term. If Customer believes that Company has billed the security of the Equipment and the administrative and user Customer incorrectly, Customer must contact Company no later passwords. than 60 days after the closing date on the first billing statement in 3. CONFIDENTIALITY;PROPRIETARY RIGHTS which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company's 3.1 Each party(the "Receiving Party")understands that the customer support department. other party(the"Disclosing Party")has disclosed or may disclose 4.2 Company may choose to bill through business, technical or financial information relating to the p y y ugh an invoice,in which Disclosing Party's business(hereinafter referred to as"Proprietary case,full payment for invoices issued in any given month must be Information"of the Disclosin received by Company thirty(30)days after the mailing date of the Company includes non-public information regarding features, g P arty). Proprietary Information invoice. Unpaid amounts are subject to a finance charge of 1.5%functionality and performance of the Service. Proprietary per month on any outstanding balance,or the maximum permitted bylaw,whichever is lower,plus all expenses of collection and may Information of Customer includes non-public data provided by result in immediate termination of Service. Customer shall be Customer to Company to enable the provision of the Services 2 Page 518 of 972 IGM TECHNOLOGY responsible for all taxes associated with Services other than taxes NOTWITHSTANDING ANYTHING TO THE based on Company's net income. CONTRARY,EXCEPT FOR BODILY INJURY OF A PERSON, 4.3 Payment terms are as follows: The full payment is due COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT within 70 days of the start of the contract. LINIITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, 5. TERM AND TERMINATION REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT 5.1 Subject to earlier termination as provided below, this TO ANY SUBJECT MATTER OF THIS AGREEMENT OR Agreement is for the Initial Service Term as specified in the Order TERMS AND CONDITIONS RELATED THERETO UNDER Form,and shall be automatically renewed for additional periods of ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR the same duration as the Initial Service Term (collectively, the OTHER THEORY: (A)FOR ERROR OR INTERRUPTION OF "Term"),unless either party requests termination at least thirty(30) USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF days prior to the end of the then-current term. DATA OR COST OF PROCUREMENT OF SUBSTITUTE 5.2 In addition to any other remedies it may have,either party GOODS, SERVICES OR TECHNOLOGY OR LOSS OF may also terminate this Agreement thirty(30)days' notice upon thi BUSINESS; (B)FOR ANY INDIRECT, EXEMPLARY, p (or without notice in the case of nonpayment), if the other party INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;(C)FOR ANY MATTER BEYOND COMPANY'S materially breaches any of the terms or conditions of this REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS Agreement. Customer will pay in full for the Services up to and THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH including the last day on which the Services are provided. Upon ALL OTHER CLAIMS, EXCEED THE FEES PAID BY any termination,Company will make all Customer Data available CUSTOMER TO COMPANY FOR THE SERVICES UNDER to Customer for electronic retrieval for a period of thirty(30)days, THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE but thereafter Company may,but is not obligated to,delete stored ACT THAT GAVE RISE TO THE LIABILITY,IN EACH CASE, Customer Data. All sections of this Agreement which by their WHETHER OR NOT COMPANY HAS BEEN ADVISED OF nature should survive termination will survive termination, THE THER POSSIBILITY OF SUCH DAMAGES. including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 8. MISCELLANEOUS 6. WARRANTY AND DISCLAIMER If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or Company shall use reasonable efforts consistent with eliminated to the minimum extent necessary so that this Agreement prevailing industry standards to maintain the Services in a manner will otherwise remain in full force and effect and enforceable. This which minimizes errors and interruptions in the Services and shall Agreement is not assignable, transferable or sub-licensable by perform the Implementation Services in a professional and Customer except with Company's prior written consent. Company workmanlike manner. Services may be temporarily unavailable may transfer and assign any of its rights and obligations under this for scheduled maintenance or for unscheduled emergency Agreement without consent. This Agreement is the complete and maintenance, either by Company or by third-party providers, or exclusive statement of the mutual understanding of the parties and because of other causes beyond Company's reasonable control,but supersedes and cancels all previous written and oral agreements, Company shall use reasonable efforts to provide advance notice in communications and other understandings relating to the subject writing or by e-mail of any scheduled service disruption. matter of this Agreement,and that all waivers and modifications HOWEVER, COMPANY DOES NOT WARRANT THAT THE must be in a writing signed by both parties, except as otherwise SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; provided herein. No agency, partnership, joint venture, or NOR DOES IT MAKE ANY WARRANTY AS TO THE employment is created as a result of this Agreement and Customer RESULTS THAT MAY BE OBTAINED FROM USE OF THE does not have any authority of any kind to bind Company in any SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS respect whatsoever. In any action or proceeding to enforce rights SECTION, THE SERVICES AND IMPLEMENTATION under this Agreement, the prevailing party will be entitled to SERVICES ARE PROVIDED "AS IS" AND COMPANY recover costs and attorneys'fees. All notices under this Agreement DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, will be in writing and will be deemed to have been duly given when INCLUDING, BUT NOT LIMITED TO, IMPLIED received, if personally delivered; when receipt is electronically WARRANTIES OF MERCHANTABILITY AND FITNESS FOR confirmed,if transmitted by facsimile or e-mail;the day after it is A PARTICULAR PURPOSE AND NON-INFRINGEMENT. sent,if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, 7. LIMITATION OF LIABILITY return receipt requested. This Agreement shall be governed by the laws of the State of Florida,County of Palm Beach,without regard 3 Page 519 of 972 IGM TECHNOLOGY for its conflict of law provisions, Customer agrees to reasonably nably Con ctor certifies that Contractor is not participating in cooperate with Company to serve as a reference account upon a boycott of Israel. Contractor further certifies that request. Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with The City is public agency subject to Chapter 119, Florida Activities in Sudan List, and not on the Scrutinized Statutes, The Contractor shall comply with Florida's Public Companies with Activities in the Iran Petroleum Energy Records Law, Specifically,the Contractor shall. Sector hist, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions A. Deep and maintain public records required by the CITY provided in state lawn,the City will not contract for the to perform the service; provision of goads or services with any scrutinized company referred to above. Submitting a false o Upon request from the CI 's custodian of public certification shall be deemed a material breach of records, provide the CITY with a copy of the requested contract. The City shall provide notice, in writing, to records or allow the records to be inspected or copied Contractor of the City's determination concerning the thin a reasonable time at a cost that does not exceed the false certification, Contractor shall have five (5) days cost provided in chapter 119, Isla. Stat, or ° • otherwise from receipt of notice to refute the false certification provided by law; allegation.If such false certification is discovered during e active contract term,Contractor sll have ninety(90) C. Ensure that public records that are exempt or that are days fallowing receipt opf the notice to respond in writing confidential and exempt from public record disclosure and demonstrate that the determination of false requirements not disclosed except as authorized by certification was made in error. If Contractor does not law for the duration of the contract term and, following demonstrate t the City's determination of false completion of the contract, Contractor shall destroy all certification was made in error then the City shall have pies of such confidential and exempt records remaining the tight to tenninate the contract and seek civil remedies in its possession once the Contractor transfers the records pursuant to Section 287.135,Florida Statutes,as amended in its possession to the CITY;and from time to time. D. Upon completion ofthe contract,Contractor shall transfer to the CITY,at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CIT 's custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RFCORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 33011QUANTUM BLVD.BOYNTONLEA , FLORIDA,33435. 561-742-6061. CI C",LE FL.US Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.& 287-135 and F.S. 215.473, 4 Page 520 of 972 1, GM TECHNOLOGY EXHIBIT A Statement of Work The Company will provide the following services: • Gravity-Implementation Services for Budget Book o Up to 8 hours of online training o IGM Consulting Services in setting up and using Gravity to produce the next Budget Book 0 3 management portal dashboards o Implementation of the Transparency module These Implementation Services will be provided to the Customer within six months of the Effective Date. Implementation Services required by the Customer after this time period could be provided by IGM at IGM's standard consulting services rate. 5 Page 521 of 972 1,,, GM TECHNOLOGY E IBIT Service Level Terms The Services shall be available 99.9%,measured monthly,excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further,any downtime resulting from outages of third party connections or utilities or other reasons beyond Company's control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5%of Service fees;provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer(with notice to Company)recognizes that downtime is taking place,and continues until the availability of the Services is restored. In order to receive downtime credit,Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash. Company will apply any credits accumulated in the prior annual period,towards the Service Fees in the next annual period. 6 Page 522 of 972 IGM TECHNOLOGY EXHIIT.0 Support Terms Company will provide Technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 9:00 am through 8:00 pm Eastern time,with the exclusion of Federal Holidays("Support Hours"). Customer may initiate a helpdesk ticket during Support Hours by calling Company's hot line support number,or any time by emailing support@igm.technology Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one(1)business day. Company will also provide emergency support for all hours outside of the Support Hours,for emergency situations. Customer may initiate emergency support by calling 416-986-1789 anytime outside of regular Support Hours. i 7 Page 523 of 972 IGM TECHNOLOGY August 8 2019 Gravity for Public Sector Reporting—Price Proposal For:The City of Boynton Beach, Florida Attn:Tony Davidson 3301 Quantum Blvd,Suite 101 Boynton Beach, FL 33426 United States Software Services Quantity Total Annual Licensing Fee Gravity Starter-Kit—Full Platform including CAFR and Budget • Access to the Gravity cloud platform for 1 year • For up to 5 Full Access Users 1 $17,000 • 24 x 7 Gravity Technical Support Management Portal with 3 dashboards including implemenation 1 COMPLIMENTARY Transparency—Open Data 1 $2,000 Total Annual Licensing Fee $19,000 p � � One-Time Fee Im lementation Services Gravity—Implementation Services for Budget Book $3,000 ❑ Up to 8 hours of on-line training ❑ IGM Consulting Services insetting up and using Gravity to produce the next Budget Book Gravity—Implementation Services for Transparency COMPLIMENTARY 3 Landing Pages: Home Page, Revenue and Expenses, and Projects Source of Data: Gravity Database for Budget Book M� Notes: ❑ This Price Quotation is valid until August 30th, 2019 ❑ All figures are in USD ❑ The entire fee is due October 181h,2019 ❑ CAFR implementation can be added for an additional$3,000 at anytime in the next 2 years 2 Bloor Street West, 7th Floor,Toronto, Ontario, M4W 3E2 Page 524 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191380 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/30/19 VENDOR 17821 SHIP TO: TO: MORRIS & MCDANIEL, INC. City of Boynton Beach 117 SOUTH SAINT ASAPH ST. POLICE DEPARTMENT ALEXANDRIA, VA 22314 2045 HIGH RIDGE RD. BOYNTON BEACH, FL 33425 REQUISITION NO. 74594 ORDERING DEPARTMENT: POLICE • ' • DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: . r LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXCOSTDED 1 12250 . 00 DL DEVELOP,VALIDATE, ADMINISTER AND 1 .0000 12250. 00 IMPLEMENT TESTING and assessment processes for entry level enforcement applicants FY 1.8/7;9 PHASE 1 VENDOR ITEM NO - NA 2 12250 . 00 DL DEV ELOP,VALIDATE, ADMINISTER ND. 1. 0000 12250.OQ IMPLEMENT T:ESTIiiG and assessment' processes for entry enforcement applicants FY19/2'l7 PhaseIII REMARKS: CONSULTANT .SERVICES FOR THE. TESTING & ASSESSMENT PROCESS FOR ENTRY LEVEL ENFORCEMENT APPLICANTS. PROCUREMENT SERVICES: , _ P.O. TOTAL: 24500. 00 ACCOUNT NO, PROJECT 001-2111-521.49-13 PURCHASING Page 525 of 972 h CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1%000 8/28/2019 Requesting : Police Contact Person: eller Explanatio Contract for consultant services between COBB and Morris and McDaniel to Developyalidate, administer, and implement testing and assessment processes for entry level enforcement applicants. Contract is signed by CM and approved for half payment in FY 18/19 (12,250.00). The remaining amount will be paid out of FY 19/20. Per Mara Frederiksen PO will remain out until paid in full. Recommended r Monis and McDaniel, Inc Dollar Amount of Purchase24,500 — ----- ource for Purchase ( up materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sale Source x Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE; Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source r Purchase: Recruiting Expenses: 001-2111-521- -1 Approvals: _ .. Department Heald c . y -4.. Date ()T oarb ,joi l Purchasing Age Date - Asst City Manager Date City Manager Date Form Revised 02/01/02 ° Page 526 of 972 r a , a w , ID \ I m � U Z H H o o 0 H E ' W O o 0 0 ICL I ur o Q q I W W N N IB) .N-1 N E a 2 I U 1 sa _ H +cs c v q Q F o a a W o 0 zW co I o o ® I > ® 0 H F U I o o ® o 0 x Wo 0 a W N U1 O H H N IIi N W H N (!1 H F I qU H H I 0 O O CX O ° 7-, u H I Ln Qj z 0 p I o 0 o i b U I o ® Ey o ® p [� p H ~ H F o ff W O r4 H O I [-a ® 0E H H N d U O 0 W E OI ca U N i N w H y H 7-. > 0 U'1 H O I q Q CX I 1 E ] I a w w H a z .. H i o ® z a a Hto o i H dU O' RI Ua cv Z g� a e H a H Q® °! I 7-+ En x 5 0 W F E O H U E4 to eZ to C07 W W ' U x W AJ a WH F H Z I �' H 0 1J U! W i v H 2i N H I H rd co W D W E Id r-0 G° ro adsw am =zxuz W w roum- cares UWuw a OU v mCaro., a a rox C -ep R,O E 64 04 e9 zW7-.w mvro rowm dz Casw 2 C vat aC7ac9 U" N4N W H W H It w o W H ° a Sam wlz� a S4-H" C.7 HUF 0t"'moi °tB d >, o �A Fw H>s� w O dt> A.-I E O FN rel aLk HW I-Ia9 i Cd Sa`J b 1111 C14 H P9 W N F H I W C6 E W @i W a dl 5-.fid SU.1 a.-..-I-.Se p x U x U U W.0 O Ido s� 54 U a Z mmC7� sziwvJU`b HWEW Oenw oy+ U W.0 100 w�Ho oaox > Oa, dv 0 •wU ; q 61 df J.1 d5 C o � U roEH quroFH m > rtvr H O w q ro e U F O U F I N O s+,y N O•.i Ry PI C4 I W Qe e-i V]� W CL H fIS C.) I " Q1 .^+U N L E Id H H &°Zr D I G° O E W H d} yI 2 I H v b 0 0 4" Cz O Q w cr en u"_4 A S O 1i b H H b V W H H A Qi w O 2 .7 E" .. .. H r .. ° N N 7 W E Fri b a�a b N _U o vm F4 HwEF w5Odv a � KO"arom,�i O ® eR00F N, WId P U 0Id f4 M' O wW OM2 O ONw >10 Ob ObF O wr v tD w to •.i•.f 09 H ro" N" 3 x 0 a. H EO Hi H N I W7.H N C N 6i v C OD r LI k-.i U u r b a z a w o ®ro 0 o � 0 N0 14 V ro �" 'dw W Page 527 of 972 CONTRACT FOR CONSULTANT SERVICES BETWEEN CITY BOYNTON BEACH,FLORIDA AND MORRIS & MCDANIEL,INC. 2B44This Contract for Consultant Services (the "Contract") is made and entered into this the h day of_jt + 2019,by and between the City of Boynton Beach,Florida, (the "City")and MMa is McDaniel, Inc., a-Virginia Corporation ("Consultant"). RECITALS WHEREAS, the City seeks to develop, validate, administer, and implement testing and assessment processes for entry level law enforcement applicants within the City of Boynton Beach Police Department which processes are comprehensive, non-discriminatory, and job-related; WHEREAS, the Consultant has agreed to provide consulting services necessary to assist the City in developing, validating, administering, and implementing such a program for the aforesaid position; and WHEREAS, the parties desire to enter into this Contract in order to more particularly define their responsibilities and duties. NOW, THEREFORE, in consideration of the Recitals, the mutual covenants and conditions contained herein, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged,the parties agree as follows: ARTICLE I PROJECT AND SCOPE OF SERVICES 1-01 hRkSLA9scription. The City hereby retains the Consultant to develop, validate, implement, and administer a testing and assessment process for entry level law enforcement applicants within the City of Boynton Beach Police Department as described in more detail later in this contract. 1.02 Compliance With Contract. The methodologies, testing, assessments, services, and systems to be provided by the Consultant shall, unless otherwise indicated herein, be used, developed, validated, implemented, and administered pursuant to the scope, terms, warranties, representations, and covenants set forth in this Contract. 1.03 Compliance With Laws AndStandards. The methodologies, testing, assessments, services, and systems to beConsultant shall also be used, developed, implemented, compliance with the applicable requirements of. (a) Title VII of the as amended; (b) the most current version of the Equal Employment Opportunity Commission's Uniform Guidelines on currentEmlo ee Selection_Procedures; (c) the most version of the Society of Industrial and Organizational Psychologists' Princi les for the Validation and Use of Personnel Selection Procedures; (d) the most current version of the American Psychological Association's Standards for Education and P cholo 'ical Testing, and (e) any other applicable laws, rules,regufa-tions, or Page 528 of 972 professional standards governing the Consultant's duties or responsibilities under this Agreement. In the event of a conflict between any legal requirements and non-legal professional requirements, the legal requirements shall control. In the event of a conflict between any of the professional standards set forth above,the personnel assigned by the Consultant to carry out this contract shall use their best professional judgment and use the standard that most accurately reflects the current state of psychological testing requirements. 1.04 Scope of Services. The Consultant shall provide the aforesaid services according to the terms of the proposal previously submitted and attached as Addendum A and incorporated herein by reference. ARTICLE I TERMS OF AGREEMENT GENERALLY 2.01 Amount. Of Fu--'--- In consideration of the Consultant's performance of the duties and responsibilities set forth herein,the City agrees to pay the Consultant the sum of Twenty Four Thousand Five Hundred and no/100 Dollars ($24,500-00). The aforesaid sum shall be due and payable to Consultant in partial disbursements upon completion of certain milestones as follows: completion of an entry level process $24,500.00. These prices are inclusive of all fees and expenses to be incurred by Consultant and include the costs associated with scoring of the oral exercises contemplated herein by competent third-part raters and assessors recruited and trained by Consultant. 2.03 Pavinent. The Consultant shall submit invoices to the City upon the attainment of each milestone;nd the City shall have thirty (30) days to pay the amounts invoiced or to contest any amount listed therein. 2.06 Nondiscrimination, The Consultant and the City shall not discriminate against any worker, employee, or applicant, or any member of the public because of race, creed, color, religion, sex, age, or national origin, or otherwise commit a discriminatory employment practice. The Consultant and the City will take action to ensure that applicants are employed and that employees are dealt with during their employment without regard to their race, creed, color, religion, sex,age,or national origin. Such action shall include,but not be limited to,the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff, termination, rates of pay, or other forms of compensation; and selection for training, including apprenticeship. The Consultant and the City further agree that this clause will be incorporated in all contracts entered into with subcontractors who may perform any services in connection with this Contract. 2.07 Term of Contract. The term of this Contract shall begin upon the execution date referenced above and will terminate upon the final payment by the City after receipt of the validation reports from the Consultant. 2 Page 529 of 972 ARTICLE III INDEMNIFICATION,INSURANCE,BONDING,AND PAYMENT OF OBLIGATIONS 3.01 gHold Harmless- With respect to all acts and omissions which do not directly arise out of the performance of professional services, including but not limited to those acts, errors or omissions normally covered by general and automobile liability insurance, the Consultant agrees to indemnify,defend(at City's option),and hold harmless the City,its officials,employees,agents and representatives, from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with Consultant's(or Consultant's subcontractors, if any) performance or failure to perform under the terms of this Contract; excepting those which arise from the sole negligence of the City. 3.03 Insurance Requirements (a) Before commencing any work, the Consultant shall furnish the City with Certificates of Insurance attested by a duly authorized representative of the insurance carrier evidencing that the insurance required hereunder is in force and effect. The theme/title of the project shall also be specified on the Certificate of Insurance. (b) The Consultant,upon execution of this Agreement,shall provide,at its own cost and expense, the following insurances to the City with companies acceptable to the City, which insurance shall be evidenced by certificates and/or policies as determined by the City. 0) Workers Compensation Insurance- The Contractor shall maintain in force Workers' Compensation coverage in accordance with the Statutory Requirements and Limits of the State of Florida and shall require all subcontractors to do likewise. (ii) Commercial General Liability Insurance: Comprehensive General Liability Insurance, including Premises and Operations, Contractual Liability, Independent Contractor's Liability, and Broad Form Property Damage Liability coverage. Commercial General Liability Insurance;MINIMUM LIMITS of: $2,000,000 General Aggregate per Project $2,000,000 Products-Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $ 50,000 Fire Damage any one Fire $ 5,000 Medical Expense any One Person Said Commercial General Liability Policy shall name the City of Boynton Beach as an"additional named insured." 3 Page 530 of 972 (iii) —Pr-0-P—ertVIns—uranCe-- Contractor shall be responsible for maintaining any and all property insurance on their own equipment. (iv) Errors and Omissions: Errors and omissions coverage in an amount of not less than One Million and 00/100 Dollars($1,000,000.00)for each wrongful act/aggregate and the Consultant shall maintain such coverage for at least three (3) years from the termination date of this Contract. (c) If any of the Insurance Requirements are not complied with at their renewal dates,payment to the Contractor may be withheld until those requirements have been met, or at the option of the City, the City may pay the renewal premiums and withhold such payments from any monies due the contractor. (d) Additional coverage and limits may be required based upon the particular services contracted. If such additional coverage is required for a specific contract, those requirements will be described in the "Special Conditions"of the contract specifications. (e) The Consultant is required to provide copies of the insurance policies upon request. Copies of all required endorsements and Certificate of Insurance shall also be mailed to the City at such address as City shall designate. ARTICLE IV INTEREST OF PARTIES 4.01 nde )endent irnntrarin,Status The Consultant is an independent contractor in the performance of all activities and functions pursuant to this operating agreement. The Consultant and City are not and shall not be considered as joint ventures,partners or agents of each other, and neither shall have the power to bind or obligate the other. The Consultant's officers, employees,agents, and subcontractors shall not be considered as officers, employees,or agents of City. City and the Consultant hereby agree not to represent to anyone that they are agents of one another or have any authority to act on behalf of one another, except as specifically provided otherwise. 4.02 Voluntary AsIslionnient of Interest. The Consultant shall not assign this agreement without the prior written consent of City; and, any such assignment, without such consent, shall be void and, at the option of City, shall terminate this agreement. 4.03 Involuintan. Assignment of Interest. This agreement or any rights hereunder shall not be subject to involuntary assignment, transfer or sale by operation of law in any manner whatsoever, and any such attempted involuntary assignment, transfer or sale shall be void and of no effect. Notwithstanding the foregoing,the Consultant agrees that: 4 Page 531 of 972 (a) In the event that any proceeding under the Bankruptcy Act, or any amendment thereto, is commenced against Consultant, and the proceedings are not dismissed before either an adjudication in bankruptcy or the confin-nation of a composition, arrangement or plan or reorganization; or (b) In the event Consultant is (i) adjudged insolvent, (ii) makes an assignment or execution is levied against any real or personal property owned or leased by Consultant that is not released or satisfied within fifteen (15) days thereafter, or (iii) if a receiver is appointed in any proceeding or action to which Consultant is a party with authority to take possession or control of the premises or the business conducted thereon by Consultant and such receiver is not discharged within a period of fifteen (15) days after his appointment, any such event or any involuntary assignment shall constitute a breach of this agreement by Consultant and, at the option of City and without notice or entry or other action of City, shall terminate this agreement and also all rights of Consultant under this agreement and any and all persons claiming under Consultant, in and to this agreement. ARTICLE V TERMINATION AND DEFAULT 5.01 Termination for Cause. The breach of any provision of this agreement or the failure to perforin any obligations or duties or to accept liability established by any act or omission from whatsoever cause by either party hereto shall be a default. The non-defaulting party shall give written notice of intent to terminate this agreement by registered or certified mail to the defaulting party stating the specific default of breach committed. The non-defaulting party shall have the option to terminate the agreement after expiration of the time periods as follows: (a) If the default can be cured by payment or posting of money, bond or other security for money due, the payment of a final assessment, or other obligation, the defaulting party shall have fourteen (14) days after receipt of the notice to terminate in order to pay over such money,or, if the payment be contested,to deposit such amount with an independent escrow holder or a court of competent jurisdiction pending final determination of liability. Said deposit shall be in the form of cash unless the non- defaulting party approves some other form of security. (b) If the default cannot be cured by payment or deposit of money or security as provided in subparagraph(a)above,the defaulting party shall have twenty-one(2 1)days after receipt of written notice to terminate in which to cure the defect. (c) If the default is one that, by its nature, cannot be reasonably cured within twenty-one (21) days, then the defaulting party shall have a reasonable time in which to cure the default. Such time period shall not be greater than times required by statutes, laws, ordinances,rules and regulations,or order of the City of Boynton Beach or State of Florida and shall be based upon a written schedule of performance and supporting documentation indicating the shortest period in which such default can be cured by the defaulting party. 5 Page 532 of 972 (d) If the default is one that, by its nature, cannot be cured, the non-defaulting party may terminate this agreement on ten (10)days prior written notice. 5.02 Termination for Convenience. �z R. ience, Either party may terminate this Contract for convenience and without cause at any time by giving the other party at least one(1)month prior written notice designating the termination date, with the stipulation that the City pay to the Consultant on the effective date of termination the applicable amount and reasonable overhead determined pursuant to the listed unamortized amount due as of the date of termination. in the event that a purported termination for cause by City under Section 5.01 is determined by a competent authority not to be properly a termination for cause,then such termination by City shall be deemed to be a termination for convenience under this Subsection 5.02. 5.03 Performance. In addition to any default arising under the provisions of Paragraph 5.01, the Consultant hereby acknowledges that the Consultant's failure to perform any of the following duties and obligations to the reasonable satisfaction of the City shall constitute a default permitting the City to initiate termination proceedings pursuant to paragraph 5.01. (a) Maintenance of a uniform system of accurate books,records and accounts. (b) Preparation and timely submission of the required reports to City. (c) Meet minimum activity levels. 5.04 City s RWLtto Perform the Consultant's Ob After the expiration of the applicable period of time for making any payment or for performing or complying with any obligation and duty provided under this Contract, or after the expiration of the applicable time to cure any default pertaining thereto, City, at its election and with no notice, may make any such payment or perform or comply with any such obligation and duty on behalf of the Consultant. The amount of any such payment and the cost of any such performance or compliance shall be due and payable by the Consultant on the first day of the first month following the date which such amount was paid or such cost was incurred. City shall give prompt written notice to the Consultant of the payment of such amount, and interest shall accrue from the date of such notice. 5.05 Change of Ownership of Consultant This agreement is in no way transferable or assignable by Consultant. Should the ownership of the Consultant change through sale,buyout, merger, acquisition, or any other manner affecting the Consultant name(s) as included in this agreement,this agreement shall be null and void. 5.06 Waiver. No waiver by either party at any time of any of the terms, conditions, covenants or agreements of this agreement shall be deemed or taken as a waiver at any time thereafter of the same or any other term, condition,covenant or agreement herein contained nor of the strict and prompt performance thereof by the party obligated to perform. No delay, failure or omission of either party to exercise any right, power, privilege or option arising from any default, nor subsequent acceptance of compensation then or thereafter accrued shall impair any such right, power, privilege or option or be construed to be a waiver of any such default or relinquishment there of or acquiescence therein. No option, right, power, remedy or privilege of 6 Page 533 of 972 either party hereto shall be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all of the rights, powers, options or remedies given to the parties hereto by this agreement are cumulative,and no one of them shall be exclusive of the other or exclusive of any remedies provided by law,and that the exercise of one right,power, option or remedy by a party shall not impair its rights to any other right,power,option or remedy. 5.07 Breach of Contract. Failure of any party to perform the obligations required by this Contract or incorporated herein by reference shall constitute a material breach of this agreement and the other party shall be entitled to pursue any and all remedies available at law or equity in addition to other rights and remedies specifically provided herein. 5.08 Corihted Materials The parties represent and warrant that all test materials are proprietary to the Consultant. The Consultant agrees that he will not disclose any information pertinent to this Contract without prior approval of the City,unless required to by law. Consultant is the sole owner of all test materials, including test booklets,training videos, candidate videos, answer sheets, and administrator instruction booklets.All such properties are for the use of the City under a licensing agreement for all purposes related to the purposes of this contract and no other. ARTICLE VI MISCELLANEOUS PROVISIONS 6.01 Time of Essence. Time is of the essence of this agreement, and of every term, covenant, and condition hereof. 6.02 Time for Performance. The Consultant agrees to work with the City by accomplishing the tasks and meeting the deadlines set forth herein in a timely manner and in accordance with the proposed schedule. 6.03 The Consultant agrees to perform the services specified herein in a good and professional manner and according to industry standards. 6.04 Counterparts. This agreement may be executed in any number of counterparts each of which when so executed and delivered shall be deemed an original,but such counterparts together shall constitute but one and the same agreement. 6.05 Additional Instruments and .ons Acti-- o-as Each party shall deliver such further instruments and take such further actions as may be reasonably requested by the other in order to carry out the provisions and purposes of this agreement. 6.06 Headings. Headings and captions in this agreement are solely for the convenience of reference and shall not affect the interpretation of this agreement. 6.07 Integration. This agreement contains the complete statement of all the agreements and understandings between the parties with respect to its subject matter and cannot be changed 7 Page 534 of 972 or terminated orally. No waiver of the provisions of this agreement shall be valid unless in writing signed by the party against whom such waiver is sought to be enforced. 6.08 SeverabiliusIn the event that any provision of this Contract is rendered invalid or unenforceable, such provision shall be severed from this Contract and the remaining provisions shall continue in full force and effect,provided however,that if the effect of the severance of such unenforceable provision is to substantially deprive either party of the benefits of this Contract,this agreement may be terminated by the other party so deprived immediately upon written notice to the other party. 6.09 Notices. Any notice required or pen-nitted hereunder shall be in writing and shall be sent by United States Certified Mail, postage prepaid, return receipt requested, to the appropriate party at the address listed below, or at such other addresses as may be provided by notice given under this section. Such notice should retain a postmarked receipt for certified mail as evidence of the mailing date. CITY: CONSULTANT: City of Boynton Beach Morris&McDaniel, Inc. Management Consultants 117 S. St. Asaph Street Alexandria, VA 22314 Attn: Dr. David M.Morris 6.10 Governing Law. This Agreement shall be governed, construed, and enforced according to the laws of the State of Florida. All action, whether sounding in contract or in tort relating to the validity, interpretation and enforcement of this Agreement shall be instituted in the courts of the State of Florida and in no other. 6.13 Delays may occur on the part of the City due to unforeseen circumstances(i.e., litigation, court injunctions, etc.). If such delays occur and require additional work to be performed by the Consultant,the City shall be charged at a rate agreed to by both parties and shall be evidenced by a written amendment to the Contract signed by both parties. 6.16 utalicatiion of T--* MaterialsThe Consultant will be responsible for the duplicating of all exercises, tests, and materials used (by candidates) during the test, candidate orientation packets,and other similar test-related items. The cost of this duplication is included in the total contract price. 6.17 Public Records. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 8 Page 535 of 972 service;A. Keep and maintain public records required by the CITY to perform the B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS- CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK)3301 QUANTUM BLVD.BOYNTON BEACH,FLORIDA,33435. 561- 742-6061. CITYCLERK@BBFL.US 6.18 Scrutinized Co LI-91pAnies. By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 9 Page 536 of 972 INTENDING TO BE LEGALLY BOUND, the parties have executed this CONTRACT FOR CONSULTING SERVICES BETWEEN CITY OF BOYNTON BEACH AND MORRIS CANIEL, INC.as of the date written above. City of Boynton Beach �-is&McDaniel,Inc. r By: y David orri ,Pre ident 10 Page 537 of 972 ORR& C-01 o DATE(MMIDDNYYYl CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A'MATTER OF INFORMA � — 7/23/2019 TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or beendorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CT -- Fisher Brown Bottrell Insurance,Inc. _99WPHONE —� P.0.Box 1490 lac,Nu Ext1.(601)960-8200 a Nol(601)208-7484 Jackson,MS 39215 E MAIL ARL$ . .. .... �...._.... _.....,__ INSURER�SI AFFORDING COVERAGE_ NAIL# INSUREDINSURER A,The Travelers Indemnity Company of Connecticut 25682 INSURER a The Travelers Indemnl „Com anew _ 25658 58 Morris and McDaniel,Inc. INSURER C Travelers Pro ert Casualt Com an of America 25674 117 South Saint Asaph Street p Alexandria,VA 22314 INSURER D:Travelers Casualty and Surety Company of America 31194 '.INsyRERE PIf d a I h1a Indpa ni surance Company 18058 — INSURER F COVERAGES REVISION CERTIFICATE NUMBER_,, ON NUMBER _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL.TAA p POLICY EFF POLBDY P F _ TYPE OF INSURANCE ( N' y _ POLICY NUMBER ,IT$ A I X COMMERCIAL GENERAL LIABILITY T " - LIM .. rpt nor �r a $ 1,000,000 CLAIMS MADE X OCCUR r 6607749A69A 7/12/2019 7/12/2020 ANLAGE TO R�ra - ��s 100,000 MED EXP An one p�rsonl,. $ 10,0001 PERSONAL 8 AOV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 2 OOO,OOO �.X POLICY PRp LOC GENERAL AGGREGATE y_ ❑JELT ❑ -COMP/OPAGG 1$ 2,000,000,AUTOMOBILE LIABILITY ,fPRODUCTS OMBINED SINGLE LIMIT1 OOO OOOI �-. X ANY AUTO _ BA7076W806 � ar� ��r $ OWNED SCHEDULED NJURY Per Iverson 7!1212019 7!1212020 BODILY I AUTOS ONLY AUTOS "� HIRED NON yy�ED BODILY INJURY Per accident $ . AUTOS ONLY �,, AUTO ONLY PRROPERTY GrAMAGE"� - ' fPeracc�dent - .._-.. _ � � _. - C X 1 EXCESS LIAB 1 CLAIMS-MADE ^ ... ...m — --_..,..._— $ 1 UMBRELLA Lwe I X —I.. 3,000,0001 ICUP452SY142 EACH OCCURRENCE _ r_ ( 7/1212019 7/12/2020 A 3,000,000, AGGREGATE $ D WORKERS COMPENSATION DED X RETENTION$ 5,000 —. _ �.. �_n �.e. �n.ra —. AND EMPLOYERS LIABILITY SmX Pte:r'L y E OCH j MANY PROPRIETORIPARTNERIEXECUTIVE Y/N ,UB3J438233 7/12/2019 7/12/2020 " 1000000 PFFICER/M MRER EXCLUDED? Y N!A I E L EACH ACCIDENT $ 1,01)0,0001 Mandat®ryFfn NHI ❑ — — If es,describe under _E L DISEASE EA EMPLOYEL,I.$ 1,000,000) D SCRIPTION OF OPERATIONS below„ ,,_ 1®®®®®® Nv �'�-- --- E L DISEASE POLICY LIMIT i$.__ E Prof.Errors&Omiss "— ''� "" CPHSD1452946 7112!2®19 ' "7112/2020 Each Claim" 2,000,0001 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space is required) Professional Liability:$2,000,000 Per Claim $3,000,000 Aggregate;$100,000 Deductible General Liabiity Policy contains Blanket Additional Insured&Blanket Waiver of Subrogation,wording as per written contract;Auto Liabilty Policy contains Blanket Additional Insured& Blanket Waiver of Subrogation wording as per written contract; All coverage is subject to policy terms,conditions,and exclusions.30 day notice of cancellation applies on all policies except 10 for non-payment of J premium. i _a .a-. w,... CERTIFICATE HOLDER �----_• _ _ ._." .�." .. CANCELLATION .___ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I City of Boynton Beach Police Department THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN PO Box 310 ACCORDANCE WITH THE POLICY PROVISIONS. I Boynton Beach,FL 33425 THORMED REPRESENTATIVE ORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 538 of 972 0 . COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modes insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries G. Blanket Additional Insured—Mortgagees, B. Who Is An Insured—Employees And Volunteer Assignees, Successors Or Receivers Workers—Bodily Injury To Co-Employees And H. Blanket Additional Insured—Governmental Co-Volunteer Workers Entities—Permits Or Authorizations Relating To C. Who Is An Insured—Newly Acquired Or Formed Premises Limited Liability Companies 1. Blanket Additional Insured—Governmental D. Blanket Additional Insured—Persons Or Entities—Permits Or Authorizations Relating To Organizations For Your Ongoing Operations As Operations Required By Written Contract Or Agreement J. Blanket Additional Insured—Grantors Of E. Blanket Additional Insured—Broad Form Franchises Vendors K. Incidental Medical Malpractice F. Blanket Additional Insured—Controlling Interest L. Blanket Waiver Of Subrogation PROVISIONS For purposes of Paragraph 1.of Section II—Who A. WHO IS AN INSURED — UNNAMED Is An Insured, each such subsidiary will be SUBSIDIARIES deemed to be designated in the Declarations as: The following is added to SECTION 11—WHO IS INSURED: a. A limited liability company; Any of your subsidiaries, other than a partnership b• An orgarization other than a partnership,joint or joint venture, that is not shown as a Named venture or limited liability company; or Insured in the Declarations is a Named Insured if: C. A trust; a. You are the sole owner of, or maintain an as indicated in its name or the documents that ownership interest of more than 50% in, such govern its structure. subsidiary on the first day of the policy period; and B, WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS—BODILY INJURY TO b. Such subsidiary is not an insured under CO-EMPLOYEES AND CO-VOLUNTEER similar other insurance. WORKERS No such subsidiary is an insured for"bodily injury' The following or"property damage" that occurred, or "personal is added to Paragraph 2.a.(1) of p SECTION II—WHO IS AN INSURED: and advertising injury" caused by an offense committed: Paragraphs(1)(a),(b)and(c)above do not apply a. Before you maintained an ownership to "bodily injury" to a co-"employee" while in the p interest course of the co-"employee's"employment by you of more than 50% in such subsidiary;or b. After the date, if an during the policy period or performing duties related to the conduct of your Y. 9 p cy P business, or to "bodily injury" to your other that you no longer maintain an ownership "volunteer workers" while performing duties interest of more than 50%in such subsidiary. related to the conduct of your business. CG D7 86 02 19 ®2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Sendces Office,Inc.with its permission. Page 539 of 972 COMMERCIAL GENERAL LIABILITY CWHO IS AN I — NEWLY ACQUIREDADDITIONAL INSURED OR FORMED LIMITED ILCOMPANIES 1. The following replaces than first sentence of The following is added to SECTION IF—WHO I Paragraph . of SECTION II - WHO IS AN ANINSURED: INSURED: Any person or organization that is a vendor and Any organization you newly acquire or form, that you have agreed in a written contract other than a partnership or joint venture, and agreement to include as an additional insured on of which you are the sole owner or in which this Coverage Part is an insured, but only with u maintain an ownership interest of more respect to liability for "bodily injury" or "property than 0%, will qualify as a Named Insured if damagd'that: there is no other similar insurance available to that organization. a. Occurs subsequent to the signing of that 2. The following replaces the last sentence of contract or agreement;and Paragraph 3. or SECTION If IS AN . Arises out of "Your products" that are INSURED: distributed or sold in the regular course of such vendor's business, For purposesof Paragraph . "on If —Who Is An Insured, each such organization The insurance provided to such vendor is subject will be deemed to be designated in the to the following provisions: Declarations as: a. The limits of insurance provided to such a. A limited liability company; vendor voll be the minimum limits u b. agreed to provide in the written contract or An organization other than a partnership, agreement, or the limits shown in the joint venture or limited liability company, Declarations,whichever are legs. or C. A trust® b. The insurance provided to such vendor does n y to: as indicated in its name or the documents that govern its structure, (1) Any express warranty not authorized by you D. or any distribution or sale for a BLANKET ADDITIONAL ! —PERSONS purpose not authorized by you; OR ORGANIZATIONS FOR YOUR ONGOING TI I ! ( ) Any c ne in "your products"' made by CONTRACT OR AGREEMENT such vendor; The following is added to SECTION 11_WHO 1 (3) Repackaging, unless unpacked solely for ANINSU ° the purpose of inspection,demonstration, An testing, the substitution pa ander y person or organization tion tea is not erwise instructions from the manufacturer, and an insured under this Coverage Part and that you them repackaged In the original container, have agreed in a written contract or agreement to include as are additional insured on this Coverage (4) Any failure to make such inspections, Fart is an Insured,but only with respect to liability adjustments, tests or servicing as for"bodily injury"or"property damage"that vendors agree to perforin or normally a. urs subsequent to the ming of that undertake to perform in the regular contract or se® rraent; grad coursebusiness,in connection the distribution or sale of"your products!'; b. Is caused, in whole or in part, by your acts or (5) Demonstration, installaition, servicing orris ons in the performance of your orae oing or repair operations, operations to which that noperations, e t such cep tions agreement applies or the acts aromissions of p orated at rrdo�s prerni iia any person organization performing such pern with the sale "your orations on your behalf, products".;or The limits of insurance provided to such insured ( ) "Your products" that after distribution or will be the minimum limits that you agreed to le by You, have been labeled or provide in the written contract or agreement, or relabeled or used as a container, part or the limits shown in the Declarations, whichever ingredient of any other thing or substance are less. by or on behalf of such vendor. Page 2 of 5 02017 The Travelers Indemnity Company,All rights reserved. CG 018619 Includes copyrighted mateft of Insurance ueNces Office,Inc.,wish its permission. Page 540 of 972 COMMERCIAL GENERAL LIABILITY Coverage under this provision does not apply to: b. Arises out of the ownership, maintenance or a. Any person or organization from whom you use of the premises for which that mortgagee, have acquired "your products", or any assignee, successor or receiver is required ingredient, part or container entering into, under that contract or agreement to be accompanying or containing such products; included as an additional insured on this or Coverage Part. b. Any vendor for which coverage as an The insurance provided to such mortgagee, additional insured specifically is scheduled by assignee, successor or receiver is subject to the endorsement. following provisions: F. BLANKET ADDITIONAL INSURED _ a• The limits of insurance provided to such CONTROLLING INTEREST mortgagee, assignee, successor or receiver 1. will be the minimum limits that you agreed to The following is added to SECTION II—WHO IS AN INSURED: provide in the written contract or agreement, or the limits shown in the Declarations, Any person or organization that has financial whichever are less. control of you is an insured with respect to b. The insurance provided to such person orliabilit for "bodily injury", "property damage!' organization door not apply to: or"personal and advertising injury"that arises Out of: (1) Any "bodily injury' or "property damage" a. Such financial control;or that occurs, or any "personal and advertising injurycaused by an offense b. Such person's or organization's that is committed, after such contract or ownership, maintenance or Nse of agreement is no longer in effect;or premises leased to or occupied by you. (2) Any "bodily injury', "property damage" or The insurance provided to such person or "personal and advertising injury" arising organization does not apply to structural out of any structural alterations, new alterations, new construction or demolition construction or demolition operations operations performed by or on behalf of such performed by or on behalf of such person or organization. mortgagee, assignee, successor or 2. The following is added to Paragraph 4. of receiver. SECTION II—WHO IS AN INSURED: H. BLANKET ADDITIONAL INSURED This paragraph does not apply to any GOVERNMENTAL ENTITIES — PERMITS OR premises owner, manager or lessor that has AUTHORIZATIONS RELATING TO PREMISES financial control of you. The following is added to SECTION If—WHO IS G. BLANKET ADDITIONAL INSURED — AN INSURED: MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS Any gowmmental entity that has issued a permit or authorization with respect to premises owned The following is added to SECTION 11—WHO IS or occupied by, or rented or loaned to, you and AN INSURED: that you are required by any ordinance, law, Any person or organization that is a mortgagee, building code or written contract or agreement to assignee, successor or receiver and that you include as an additional insured on this Coverage have agreed in a written contract or agreement to Part is an insured, but only with respect to liability include as an additional insured on this Coverage for"bodily injury", "property damage°'or"personal Part is an insured, but only with respect to its and advertising injury" arising out of the liability as mortgagee, assignee, successor or e)dstence, ownership, use, maintenance, repair, receiver for "bodily injury', "property damage" or construction, erection or removal of any of the "personal and advertising injury"that: following for which that governmental entity has a. Is "bodily injury' or "property damage" that issued such permit or authorization: advertising occurs, or is"personal and advertising injury" signs, awnings, canopies, cellar entrances, coal caused by an affense that is committed, holes, driveways, manholes, marquees, hoist subsequent to the signing of that contract or away openings, sidewalk vaults, elevators, street agreement;and banners or decorations. CG D1 86 02 19 0 2017 The Travelers Indemnity company.All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance services Office.Inc.with its permission. Page 541 of 972 COMMERCIAL GENERAL LIABILITY I. BLANKET ADDITIONAL INSURED 2. The following replaces the last. paragraph of GOVERNMENTAL ENTITIES — PERMITS OR Paragraph .a.{1} of SECTION tl -- WHO IS AUTHORIZATIONS TO OPERATIONS AN INSURED: The following is added to SECTION 11—WHO IS Unless you are in the business or occupation i of providing professional health care services, Any governmental entity that issuedp it Paragraphs (I ) (b), ) and (d) above do or authorization with respect to operations not apply to "bodily injury" arising out of performed by you or on your behalf and that you providing or failing to provide. aro required by any ordinance, law, building code (a) Incidental medical services" by arty of or written contract or agreement to include as an e additional insured ort the o rage dart is your employees" who i a nurse, nurse assistant, medical t tigoninsured° but only with respect to liability f "bodily paramedic, athletis trainer, audiologist,injury'" "property damage,, or "personal and dietician, nutritionist, occupational advisin injury"arising out of such operations. therapist or OccupatloraltherapyChe insurance provided to such governmental assistant, physical therapist or speech- entity does not apply to: inuage pathologist;or a. Any "bodily injury', ®"property damage"' or "Good ""p somal avid advertising injury"arising out of { } First aid or "e"employees!, r services" y operations performedfor the governmental any of your °°erraployei3s°° "volunteer entity;or workers", other than an employed or volunteer doctor, Any such "employees!, m any "bodily injury° or "property damage"" or"volunteer workers"providing or failing included in the "products-completed to provide first aid or "Good Samaritan operations hazard". services" during their work hours for you J. BLANKET ADDITIONAL INSURED will be deemed to be acting within the GRANTORS OF FRANCHISES scope of their employment by you or The following is added to SECTION ti—WHO IS performing duties related to the conduct 1 . of your business, Any person or organization that grants a franchise 3. The following replaces the last sentence of to you is an insured, but only with respect to Paragraph 5. of SECTION III — LIMITS liability for "beadily injury" "property damage" or INSURANCE: f1personal and advertising injury" arising out of For the your operations in the franchisegranted by that Puro s of determining the person or organization. applicable Each occurrence Limit, all related acts or omissions committed in providing or If o written contract or agreement exists betweenfailing to provide ''incidental medical. u acid such additional insured, the limits ofis ", first aid "Good Samaritan insurance provided to such insured will e the services"to any one person will be deemed to minimum limits that you agreed to provide in the be one"occurrence". written contract or agreement, or the limits shown in the Declarations,whichever are less. 4. The following exclusion is added to K. INCIDENTAL L MALPRACTICE Paragraph 2.® Exclusions, of SECTIONt — COVERAGES 1. The following reply Paragraph , of the AND— I LY PROPERTY DAMAGE definition of " urrence" in the 1 DEFINITIONS ion, LIABILITY: b. An act or omission cornrnitted in providing ale Of Pharmaceuticals or failing to provide "incidental medical "Bodily injury" or "property damage"' arising services", first aid or "Good Samaritan out of the violation of a penal statute or services" to a persons, unless you are in ordinance relating to the sale of the business or occupation of providing pharmaceuticals committed by, or with the professional health care services. knowledge or consent of,the insured. Page 4 of 5 C 2017 The Travelers indemnity Company,All rights reserved. CG DI 86 02 19 Includes copyrighted rnatsrial of insurance eNccs o e,Inc.,vAth Its perrtaisslon. Page 542 of 972 COMMERCIAL GENERAL LIABILITY S. The following is added to the DEFINITIONS to any person to the extent not subject to Section: Paragraph 2.a.(I) of Section III— Who Is An "Incidental medical services"means: Insured. a. Medical,surgical,dental,laboratory,x-ray L. BLANKET WAIVER OF SUBROGATION or nursing service or treatment, advice or The following is added to Paragraph 8., Transfer instruction, or the related furnishing of Of Rights Of Recovery Against Others To Us, food or beverages; or or SECTION IV — COMMERCIAL GENERAL b. The furnishing or dispensing of drugs or LIABILITY CONDITIONS: medical, dental, or surgical supplies or If the insured has agreed in a contract or appliances. agreement to waive that insured's right of 6. The following is added to Paragraph 4.b., recovery against any person or organization, we Excess Insurance, of SECTION IV — waive our right of recovery against such person or COMMERCIAL GENERAL LIABILITY organizatiocin, but only for payments we make CONDITIONS: bemuse of: This insurance is excess over any valid and a. "Bodily injury" or "property damage" that collectible other insurance, whether primary, occurs; or excess, contingent or on any other basis,that b. "Personal and advertising injury" caused by is available to any of your "employees" for an offense that Is committed; "bodily injury" that arises out of providing or subsequent to the execution of the contract or failing to provide"incidental medical services" agreement. CG DI 86 02 19 0 2017 The Travelers indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance SeNces Office,Inc.Wth Its permission. Page 543 of 972 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitaflons and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.I., Who Is your business. An Insured, of SECTION 11—COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: h written-contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that.'is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or "property damage" occurs and that is in effect ered"autos"you own: during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered"auto"hired or rented by this insurance applies and only to the extent that your "employee" under a contract In person or organization qualifies as an "Insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section 11. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any"auto"that is leased, hired, Who Is An Insured, of SECTION 11 — COV_ rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered"auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered 'auto" hired or rented The following is added to Paragraph A.I.,Who Is under a contract or agreement in an "em- An Insured,of SECTION 11—COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 @ 2015 The Travelers indemnity company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 544 of 972 COMMERCIAL AUTO Any"employee"of yours is an "insured"while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual In your business or your personal affairs. cash value In the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the 1. The following replaces Paragraph A.2.a.(2)of amount of betterment. SECTION If—COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" we cover. We do not have to furnish (a) Any "auto" that is hired, rented or bor- these bonds, rowed with a driver;or 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- SECTION If—COVERED AUTOS LIABILITY rowed from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings UP to $500 a day be- graph AA.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.I. of SEC- We will pay UP to $50 per day to a maximum of TION I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered"auto"of the private passenger type. pounds or less designed primarily for travel on public roads. H. AUDIO, VISUAL AND DATA ELECTRONIC F. HIRED AUTO PHYSICAL DAMAGE EQUIPMENT—INCREASED LIMIT Paragraph CA.b. of SECTION III — PHYSICAL The following is added to Paragraph AA., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: I. WAIVER OF DEDUCTIBLE—GLASS Hired Auto Physical Damage Coverage The following Is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or borrow subject to the following: The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: (a) $50,000; We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an"insured";and stolen property as of the time of the (2) In or on your covered"auto", "loss";or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered"auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 0 2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services office,Inc.with its permission. Page 545 of 972 COMMERCIAL AUTO K. AIRBAGS (2) Any, The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan sions, of SECTION 111 — PHYSICAL DAMAGE pa yments at the COVERAGE: time of the"loss"; Exclusion 3.a, does not apply to "loss" to one or (b) Financial penalties imposed under a more airbags in a covered "auto"you own that in- lease for excessive use, abnormal wear flate due to a cause other than a cause of "loss" and tear or high mileage; set forth In Paragraphs A.1.b. and A.i.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto"for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The alrbags are not covered under any war- Insurance purchased with the loan or ranty;and lease;and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans We will pay up to a maximum of$1,000 for any or leases. one"loss". M. BLANKET WAIVER OF SUBROGATION L. AUTO LOAN LEASE GAP The following replaces Paragraph A.S., Transfer The following is added to Paragraph AA., Cover- Of Rights Of Recovery Against Others To Us, age Extensions, of SECTION III — PHYSICAL of SECTION IV — BUSINESS AUTO CONDI- DAMAGE COVERAGE: TIONS: Auto Loan Lease Gap Coverage for Private 5• Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total"lass"to a covered"auto"of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident' or "loss", pro- due on the lease or loan for such covered "auto" vided that the"accident"or"loss"arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract.The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 b 2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services office,Inc.with its permission. Page 546 of 972 AMk TRAVELERSJ WORKERS COMPENSATION ONE TOWER SQUARE AND HARTFORD CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13(00)-001 - POLICY NUS BER: UB-3J438233-19-42-0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered bythis policy. Wewill not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule, SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ABNY PERSON OR ORGANZZAT'ON FOR WHICH THE INSURED HAS AGREED Y WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 05-29-19 ST ASSIGN: PAGE I OF 1 Page 547 of 972 6.J. CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Approve the Bid for "ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid No. 043-1412-19/MFD to the following eight (8) companies: 5 Star Enterprises, Clean All Products, CleanAll Supply, Imperial Dade, Medline Industries, Pride Enterprises, Pyramid School Supplies and Unipak on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Items will be ordered on an "AS NEEDED" basis for an estimated annual expenditure of$40,000. EXPLANATION OF REQUEST: EXPLANATION OF REQUEST: Bid Term: October 5, 2019 - October 4, 2020 On August 29, 2019 Procurement Services opened and tabulated eleven (11) bids submitted in response to solicitation for Cleaning Chemicals and Janitorial Supplies. All bids were reviewed by the Manager of Materials and Distribution. It is recommended to award this bid in part to eight (8) companies. The awarded vendors are: Company Award 5 Star 1 Item Clean All 2 Items CleanAll Supply 5 Items Imperial Dade 9 Items Medline 2 1 tems Pride 5 Items Pyramid 2 1 tems Unipak 1 Item Total 27 Items The current bid 036-1412-18/MFD will expire 10-4-19. The Bid award will be for the period of October 5, 2019 to October 4, 2020 and allow for two (2) additional one (1) year extensions at the same terms and conditions subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of cleaning chemicals and janitorial supplies. These supplies will be ordered on an "AS NEEDED" basis and stocked within the City's Warehouse. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$40,000. FY 16/17 expenditures were $45,251.85 FY 17/18 expenditures were $35,001.54 FY 18/19 expenditures to date are $38,578.21 Page 548 of 972 ALTERNATIVES: Obtain quotes on an "AS NEEDED" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Tabulation Sheet D Addendum 5 Star Price Sheet D Addendum Clean All Price Sheet D Addendum CleanAll Supply Price Sheet D Addendum Imperial Dade Price Sheet D Addendum Medline Price Sheet D Addendum Pride Price Sheet D Addendum Pyramid Price Sheet D Addendum Unipak Price Sheet Page 549 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME: 10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." 5 Star Enterpirse, Inc. PO BOX 43545 Atlanta, GA 30336 Phone(404)924-4290/Fax(404)699-5406 Contact:Tracey J. Felder Email:tfelder@5starchemicals.com ITEM# DESCRIPTION COMMODITY# PART NUMBER UN PRi' E 1 LYSOL FOAM CLEANER '495-011`60664, RACO2775 $3.80 2 DISINFECTANT DEORDORANT SPRAY 48 -011= 0 05 CHP5157 $3.55 3 GLASS CLEANER `A5,-0fi`-6,6 0 BWK47112AEA $3.41 4 LIQUID BLEACH '495-01,8-'66661 KIKBLEACH6 $2.99 51 TOILET BOWL DISINFECTANT '495-017=7 RAC74278EA $3.51 6 PINK HAND SOAP '495-01,8-40005BWK410EA $5.68 7 LEMON DISINFECTANT `495-01741CY0 RAC76334 $16.09 a RUST REMOVER '495-01- JELCL4PROEA $31.00 9 DEGREASER 485-018-04114 EGLSD $6.50 10 ODO-ELIMINATOR 48 -418-OOt}lb ODO911062G4EA $13.95 DEGREASER 48 -0 '40#56 EGHDD $467.50 12 WASP&HORNET SPRAY '495-017,40601 SJN668006 $6.84 13 INSECT REPELLENT 41-0200 '"" SJN611081 EA $7.12 14 SCRUB BRUSH 481-02 -00641 RCP6482COB $3.20 15 BOWL BRUSH 48 -018=04CY61 RCP631000WE $3.42 16 SPONGE WITH SCOURING PAD 280 tl5 MMM74CC $1.40 17 LIQUID TIDE 4'81-0 -041J'CY1 PGC08886EA $22.88 18 VIVID COLOR SAFE BLEACH 48 -0 0604- " DIA00145 $51.91 19 DISHWASHING LIQUID 481-03. 00047 CPC46303 $3.00 20 DISHWASHING TABLETS FOR DISHWASHER 481-03--04641 RAC98942EA $22.56 21 WHITE SHEETING RAGS UFSN250CW01 $10.47 22 ALL COTTON WHITE RAGS HOS53725 $66.61 231 MOP BUCKET AND WRINGER 481-468-0641 RCPFG758088YEL $126.76 24 DUST MOP HEAD 481-074-4041 BWK1136 $17.50 25 24 OZ COTTON MOP HEAD 481-471y00 01 BWK424CEA $9.41 26 33"X 40"TRASH CAN LINERS 495-01,57=7 JAGRH3340M $58.87 27 38"X 58"BLACK TRASH BAGS '495-07,5777-7 JAGR3858H $38.58 28 DISCOUNT 30% Page 550 of 972 5 Star Enterpirse, Inc. PO BOX 43545 Atlanta, GA 30336 Phone(404)924-4290/Fax(404)699-5406 Contact:Tracey J. Felder Email:tfelder@5starchemicals.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED BLACK/WOMEN OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BI1 30% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS Page 551 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME: 10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." All American Poly 40 Turner Place Piscataway, NJ 08854 Phone(732)752-3200/Fax(732)752-2305 Contact: Nikki Klein Email:zeke@allampoly.com ITEM# DESCRIPTION COMMODITY# PART NUMBER 1��lITPF2IE tem tixG�s�;,, . LYSOL FOAM CLEANER # 11-00�Q1' NO BID NO BID 2 DISINFECTANT DEORDORANT SPRAY 4$-0i1fab NO BID NO BID 3 GLASS CLEANER 4$5-0i1fab0 NO BID NO BID a LIQUID BLEACH t.g 0 S`000 NO BID NO BID 5 TOILET BOWL DISINFECTANT '41 OOa NO BID NO BID s PINK HAND SOAP 'S 0 S`0001 NO BID NO BID 7 LEMON DISINFECTANT NO BID NO BID 8 RUST REMOVER i5 J18`000' NO BID NO BID 4$5-0t`b 00fb10 ;` s DEGREASER "�� NO BID NO BID 10 ODO-ELIMINATOR 4 -b1'�40016 NO BID NO BID 11 DEGREASER '4-95—{I 0 NO BID NO BID 12 WASP&HORNET SPRAY 7,57 '-'b04 tl1 NO BID NO BID 13 INSECT REPELLENT NO BID NO BID 14 SCRUB BRUSH '4 = � Ot NO BID NO BID 15 BOWL BRUSH .112b� 003 NO BID NO BID s SPONGE WITH SCOURING PAD 'S 02 '001 NO BID NO BID 17 LIQUID TIDE `OOOU3 NO BID NO BID �e VIVID COLOR SAFE BLEACH `t�5 L00004 NO BID NO BID 19 DISHWASHING LIQUIDNO BID NO BID 20 DISHWASHING TABLETS FOR DISHWASHER -0 02 NO BID NO BID 211 WHITE SHEETING RAGS477 NO BID NO BID 22 ALL COTTON WHITE RAGS 4 -05ti0 0 NO BID NO BID 23 MOP BUCKET AND WRINGER `495=0$'C10CYtll NO BID NO BID 24 DUST MOP HEAD t' zS00t NO BID NO BID 25 24 OZ COTTON MOP HEAD 4 -072-4(140 NO BID NO BID 26 33"X 40"TRASH CAN LINERS 4da75 6002 NO BID NO BID 27 38"X 58"BLACK TRASH BAGS '40 �000 3858XH-AAP $16.03 1 100 PER CASE 281 DISCOUNT 10% Page 552 of 972 All American Poly 40 Turner Place Piscataway, NJ 08854 Phone(732)752-3200/Fax(732)752-2305 Contact: Nikki Klein Email:zeke@allampoly.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN B 10% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS NOT SUBMITTED SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS LOCAL BUSINESS NOT SUBMITTED/COMPANY IS IN NEW JERSEY/WILL DEEM RESPONSIVE Page 553 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Calico Packaging LLC P.O.BOX 794 Laurel,MD 20725 Phone(800)638-0828 /Fax(301)498-2056 Contact:Christopher Hartnett Email:bids@calicopackaging.com ITEM# DESCRIPTION COMMODITY# PART NUMBER LYSOL FOAM CLEANER 4$9411 4tbtl4 NO BID NO BID z DISINFECTANT DEORDORANT SPRAY 49S 11-[x'6605 NO BID NO BID 3 GLASS CLEANER 4$9411 4tb 6 NO BID NO BID 4 LIQUID BLEACH st78 d4(f1 NO BID NO BID 5 TOILET BOWL DISINFECTANT '4801 613 NO BID NO BID 61 PINK HAND SOAP 4$S�t}l'86 ft5 NO BID NO BID 7 LEMON DISINFECTANT 485.01$ 444 NO BID NO BID a RUSTREMOVER 619 NO BID NO BID 9 DEGREASER 485�0 8` 0'10 NO BID NO BID 10 ODO-ELIMINATOR 45444T6 NO BID NO BID 11 DEGREASER 485 0 2 44043 NO BID NO BID 12 WASP&HORNET SPRAY 4S 1 ''' NO BID NO BID 13 INSECT REPELLENTNO BID NO BID 14 SCRUB BRUSH q 9 42846441 NO BID NO BID 15 BOWL BRUSH 485 0 8 4 403 NO BID NO BID 16 SPONGE WITH SCOURING PAD 4$9 f {444 NO BID NO BID 17 LIQUID TIDE d5s457 44463 NO BID NO BID is VIVID COLOR SAFE BLEACH 4g534'ry 4404 NO BID NO BID 19 DISHWASHING LIQUID 485.0 84134111 NO BID NO BID zo DISHWASHING TABLETS FOR DISHWASHER;: 4s5-' 0442 NO BID NO BID 21 WHITE SHEETING RAGS NO BID NO BID zz ALL COTTON WHITE RAGS 'A NO BID NO BID 23 MOP BUCKET AND WRINGER 485.0 44441 NO BID NO BID 24 DUST MOP HEAD 4$9 474 64641 NO BID NO BID 25 24 OZ COTTON MOP HEAD 485.072 4440 NO BID NO BID 26 33"X 40"TRASH CAN LINERS q5 4/544642 9970068 $22.44 500 PER CASE z7 38"X 58"BLACK TRASH BAGS `485.075-114403 9911130 $15.94 100 PER CASE 281 DISCOUNT 20% Page 554 of 972 Calico Packaging LLC P.O.BOX 794 Laurel,MD 20725 Phone(800)638-0828 /Fax(301)498-2056 Contact:Christopher Hartnett Email:bids@calicopackaging.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BI1 20% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS Page 555 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Clean All Products, Inc. 12945 SE Suzanne Dr. Hobe Sound, FL.33455 Phone(772)546-6694/Fax(772)546-6630 Contact: Rick Borosky Email:cleanallproducts@yahoo.com ITEM# DESCRIPTION COMMODITY# PARTNUMBER U141F'P} E [T�* d:"d< 1 LYSOL FOAM CLEANER 4$5 t71�=b bp4 NO BID NO BID 2 DISINFECTANT DEORDORANT SPRAY f4 �17 Y 3 "' NO BID NO BID 3 GLASS CLEANER 4$5[71�=b60 NO BID NO BID a LIQUID BLEACH f � 1 NO BID NO BID 5 TOILET BOWL DISINFECTANT747777= NO BID NO BID s PINK HAND SOAP � p "'I NO BID NO BID 7 LEMON DISINFECTANT 4$5 41$ 77t1 NO BID NO BID a RUST REMOVER NO BID NO BID 9 DEGREASER �01 t7tYt7( NO BID NO BID 10 ODO-ELIMINATOR fA � Y NO BID NO BID ii DEGREASER 4� 2=bb03 NO BID NO BID 12 WASP&HORNET SPRAY NO BID NO BID 3 INSECT REPELLENT 4�X27 d b NO BID NO BID is SCRUB BRUSH 48 gi0671 NO BID NO BID 15 BOWL BRUSH NO BID NO BID 16 SPONGE WITH SCOURING PAD f es $ $ "' NO BID NO BID n LIQUIDTIDE NO BID NO BID is VIVID COLOR SAFE BLEACH NO BID NO BID 19 DISHWASHING LIQUID NO BID NO BID 20 DISHWASHING TABLETS FOR DISHWASHER NO BID NO BID 21 WHITE SHEETING RAGS CAPWS10 $9.29 zz ALL COTTON WHITE RAGS CAPWT10 $16.39 23 MOP BUCKET AND WRINGER 4§5(S68p(6b1 NO BID NO BID 24 DUST MOP HEAD NO BID NO BID 25 24 OZ COTTON MOP HEAD 48=� NO BID NO BID 26 33"X 40"TRASH CAN LINERS �� ` NO BID NO BID 27 38"X 58"BLACK TRASH BAGS A955 a 5]S ` ' NO BID NO BID 28DISCOUNT 10 Page 556 of 972 Clean All Products, Inc. 12945 SE Suzanne Dr. Hobe Sound, FL.33455 Phone(772)546-6694/Fax(772)546-6630 Contact: Rick Borosky Email:cleanallproducts@yahoo.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BIC 10% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS Page 557 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." CleanALL Supply 2551 SW 39th Street,Suite 190 Ft. Lauderdale, FL.33312 Phone(954)678-4777/Fax(954)678-4778 Contact: Michael Murphy Email:mmurphy@cleanallsupply.com ITEM# DESCRIPTION COMMODITY# PART NUMBER 11t1iTlRICE VT��CA&i 1 LYSOL FOAM CLEANER NO BID" NO BID z DISINFECTANT DEORDORANT SPRAY 777773-77-77'577 t75 NO BID NO BID 3 GLASS CLEANER THE-101277 $1.72 a LIQUID BLEACH PUR-6-40265-7871 $11.69 s TOILET BOWL DISINFECTANT 485b1 _7b3 `" ESS-RAC74278CT $3.19 6 PINK HAND SOAP NO BID NO BID 7 LEMON DISINFECTANT 485b1 _7b NO BID NO BID a RUST REMOVER 777777 NO BID NO BID 9 DEGREASERHUE-831 $2.30 o ODO-ELIMINATOR4 �btobY ESS $12.12 ii DEGREASER b2=bbb03 '' NO BID NO BID z WASP&HORNET SPRAY 4 �fJbC1 QUE-4390 $4.25 3 INSECT REPELLENTb7 fbYb ESS $5.19 is SCRUB BRUSH 48 f$i067?1 NO BID NO BID 15 BOWL BRUSH b18_pT�b3 '' JAN-4000 $0.94 16 SPONGE WITH SCOURING PAD 48 f$1067$ ROY-S740 $0.36 n LIQUID TIDE 7485 "7jbbCb3 '.' NO BID NO BID is VIVID COLOR SAFE BLEACH 78�b37-00b4 ESS-COL30647 $3.62 19 DISHWASHING LIQUID NO BID NO BID zo DISHWASHING TABLETS FOR DISHWASHER ESS-RAC77050CT $5.09 21 WHITE SHEETING RAGS NO BID NO BID zz ALL COTTON WHITE RAGS NO BID NO BID 23 MOP BUCKET AND WRINGER 4$5 b68p(6b1 NO BID NO BID za DUST MOP HEAD NO BID NO BID 25 24 OZ COTTON MOP HEAD 485b12 bbbb ' JAN-3024 $2.09 26 33"X 40"TRASH CAN LINERS 48 77"5u Ot INT-VALH334ON13 $21.93 27 38"X 58"BLACK TRASH BAGS b75 6bb3 ' FLE-GATRL60XH $15.85 281 DISCOUNT 20% Page 558 of 972 CleanALL Supply 2551 SW 39th Street,Suite 190 Ft. Lauderdale, FL.33312 Phone(954)678-4777/Fax(954)678-4778 Contact: Michael Murphy Email:mmurphy@cleanallsupply.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN E 20% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS Page 559 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME: 10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Imperial Dade 9601 NW 112th Ave Miami, FL.33178 Phone(305)805-2600/Fax(305)777-6152 Contact:Vickie Scaglione Email:vscaglione@imperialdade.com ITEM# DESCRIPTION COMMODITY# PART NUMBER d fi k1bl 1 k LYSOL FOAM CLEANER 4$ OT14'66464 C00081-02775 $4.16 12 2 DISINFECTANT DEORDORANT SPRAY 7—'787777777765 C00007 $2.49 12 3 GLASS CLEANER EdTl b?N}66 F00015 $1.47 12 4 LIQUID BLEACH $d7)}41 G00077-11008745041 $2.19 6 s TOILET BOWL DISINFECTANT $d7 )43 L01211 $1.74 4 6 PINK HAND SOAP $dp64 L00011 $3.79 4 7. LEMON DISINFECTANT �$d;p666 C00009-0470 $9.12 4 a RUST REMOVER -$d7>7ft5 L01185 $5.04 4 9 DEGREASER f13$d7la D00998 $3.71 4 10 ODO-ELIMINATOR $d76 C00116 $2.93 Quarts 11 DEGREASER X627 � A00049 $325.08 1 12 WASP&HORNET SPRAY 6 Y6641 E00024 $3.89 12 13 INSECT REPELLENT72777 76 NO BID NO BID 14 SCRUB BRUSH 6 8 41 K01161 $0.89 15 BOWL BRUSH �628J`7 . L01280 $0.89 16 SPONGE WITH SCOURING PAD �6=8 b]f K02102 $0.67 20 n LIQUID TIDE s67bf13 NO BID NO BID is VIVID COLOR SAFE BLEACH 4 =637-60664 G00105 $34.96 5gallon pail 19 DISHWASHING LIQUID d3$d7 )41 K01082 $6.59 4 20 DISHWASHING TABLETS FOR DISHWASHER .: `,4 5=6j5=606 2 NO BID NO BID 21 WHITE SHEETING RAGS 336953 $52.79 22 ALL COTTON WHITE RAGS '# =652=66663 Z $66.29 23 MOP BUCKET AND WRINGER § d1 -41 D11136 $49.14 za DUST MOP HEAD EaT6 Y25360 $4.88 25 24 OZ COTTON MOP HEAD b6p61 41N,06662 _`; D07250 $2.04 26 33"X 40"TRASH CAN LINERS �F 061976 $21.14 500 PER CASE 27 38"X 58"BLACK TRASH BAGS 061093 $19.68 100 PER CASE 28DISCOUNT 30o Page 560 of 972 Imperial Dade 9601 NW 112th Ave Miami, FL.33178 Phone(305)805-2600/Fax(305)777-6152 Contact:Vickie Scaglione Email:vscaglione@imperialdade.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BI1 30% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS Page 561 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELYAS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION,IF ANYARE HEREBY REJECTED AS LATE." Interboro Packaging 114 Bracken Road Montgomery, NY 12549 Phone(845)782-6800/Fax(845)781-2450 Contact:Toby Ginhorn Email:interboro@frontiernet.net ITEM# DESCRIPTION COMMODITY# PART NUMBER 1 LYSOL FOAM CLEANER � NO BID NO BID z DISINFECTANT DEORDORANT SPRAY -77-----7 NO BID NO BID 3 GLASS CLEANER 4�5-f111-0c1Q�6- NO BID NO BID 4 LIQUID BLEACH 4$ 41� 6tb1` NO BID NO BID 5 TOILET BOWL DISINFECTANT NO BID NO BID s PINK HAND SOAP NO BID NO BID LEMON DISINFECTANT d5 418-tfQ NO BID NO BID a RUST REMOVER NO BID NO BID 9 DEGREASER dk5 tt18 51d+ NO BID NO BID 10 ODO-ELIMINATOR 441 bT`6 NO BID NO BID 11 DEGREASER NO BID NO BID 12 WASP&HORNET SPRAY ,:4 ;r7uCf`iYpbl` NO BID NO BID 13 INSECT REPELLENT 4 5 F•4}¢346--! NO BID NO BID 14 SCRUB BRUSH 4"S— ��6t1b1` NO BID NO BID 15 BOWL BRUSH 777M=", NO BID NO BID 16 SPONGE WITH SCOURING PAD 4"S- NO BID NO BID 17 LIQUID TIDE 77737= NO BID NO BID is VIVID COLOR SAFE BLEACH 4&54,37=ti{tS4 1 NO BID NO BID 19 DISHWASHING LIQUID 495-fP3�avNO BID NO BID zo DISHWASHING TABLETS FOR DISHWASHER .:75�438�6tl�2` NO BID NO BID 21 WHITE SHEETING RAGS .777752L'6660 '; NO BID NO BID zz ALL COTTON WHITE RAGS 7776-577"77-1,`. NO BID NO BID 23 MOP BUCKET AND WRINGER 7477669-'06001` NO BID NO BID 24 DUST MOP HEAD NO BID NO BID 25 24 OZ COTTON MOP HEAD NO BID NO BID 26 33"X 40"TRASH CAN LINERS A562` INT-3340-H $27.32 500 PER CASE 27 38"X 58"BLACK TRASH BAGS d5 f 73s[i¢313" INT-3858-SUPER EXH 1 $19.48 100 PER CASE 281 DISCOUNT 1 50% Page 562 of 972 Interboro Packaging 114 Bracken Road Montgomery, NY 12549 Phone(845)782-6800/Fax(845)781-2450 Contact:Toby Ginhorn Email:interboro@frontiernet.net BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED WOMEN OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERE 50% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS Page 563 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME: 10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Medline Industries, Inc. Three Lakes Drive Northfield, IL 60093 Phone(800)646-8150/Fax(847)949-2497 Contact:Chris Powers Email:govbids@medline.com ITEM# DESCRIPTION COMMODITY# PARTNUMBER WHIT I'fIfiE ""QTS § < 1 LYSOL FOAM CLEANER 4 b 100(704 NO BID NO BID 2 DISINFECTANT DEORDORANT SPRAY EBSCHEM711 $2.7166 3 GLASS CLEANER 7 700T6 EVSCHEM201 $2.1116 4 LIQUID BLEACH09700"7,01 LGSKIKBLEACH6 $2.7366 s TOILET BOWL DISINFECTANT 019106003 EVSCHEM430 $1.7116 s PINK HAND SOAP 5757177373-55 7 NO BID NO BID 7 LEMON DISINFECTANT 49-9019106006 NO BID NO BID a RUST REMOVER 48 0$OObO _ EVSCHEM440 $1.7850 9 DEGREASER 7$0030 EVSCHEM460 $2.5925 19 ODO-ELIMINATOR 7006 EVSCHEM480 $3.9250 11 DEGREASER Y2 ]403 EVSCHEM460 $2.5925 12 WASP&HORNET SPRAYr {01 NO BID NO BID 13 INSECT REPELLENT 4$ 0 0000 NO BID NO BID 14 SCRUB BRUSH 48 0 00401 EVSTOOL412 $2.0800 15 BOWL BRUSH '57702700603 77 EVSTOOL412 $2.0800 s SPONGE WITH SCOURING PAD 4$ 0 40005EVSHPAD11GCS $0.8185 n LIQUID TIDE 43 04403 NO BID NO BID is VIVID COLOR SAFE BLEACH d -t-bt-0 NO BID NO BID 19 DISHWASHING LIQUID "437 0441 NO BID NO BID 20 DISHWASHING TABLETS FOR DISHWASHER `477'67-766663 NO BID NO BID zi WHITE SHEETING RAGS '177777=7NO BID NO BID 22 ALL COTTON WHITE RAGS '4954-51-070-01 '- NO BID NO BID 23 MOP BUCKET AND WRINGER X00441 NO BID NO BID 24 DUST MOP HEAD 070-04031 GSC25136 $9.3700 zs 24 OZ COTTON MOP HEAD 02x74b0 - GSC72303 $6.9225 zs 33"X 40"TRASH CAN LINERS 07x44 EVSBH334012N $21.5400 27 38"X 58"BLACK TRASH BAGS 07Sf3Y3 NONTGG58XXHRL $26.3600 28DISCOUNT 20% Page 564 of 972 Medline Industries, Inc. Three Lakes Drive Northfield, IL 60093 Phone(800)646-8150/Fax(847)949-2497 Contact:Chris Powers Email:govbids@medline.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 20% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS Page 565 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." PRIDE Enterprises 223 Morrison Road Brandon, FL.33511 Phone(866)283-6819/Fax(727)570-3449 Contact:John R. McCleese Email:bids@pride-enterprises.org ITEM# DESCRIPTION COMMODITY# PARTNUMBER LYSOL FOAM CLEANER 4 (YlY NO BID NO BID 2 DISINFECTANT DEORDORANT SPRAY 4$5p1Y 4 5 NO BID NO BID 3 GLASS CLEANER 4YlYftE6 64400600 $2.21 a LIQUID BLEACH 64400200 $2.10 5 TOILET BOWL DISINFECTANT 4Y1 -pbbt3 ``; 64800400 $10.80 6 PINK HAND SOAP 64700400 $5.84 7 LEMON DISINFECTANT 4Y1 -pbbb6 64401300 $2.47 a RUST REMOVER 7==7j 64300800 $3.24 9 DEGREASER �biGa 64404600 $2.80 io ODO-ELIMINATOR NO BID NO BID ii DEGREASER 4 4p 3 `` 64301100 $158.62 z WASP&HORNET SPRAY NO BID NO BID 13 INSECT REPELLENT 4 5 "7 tbbb6 NO BID NO BID 14 SCRUB BRUSH 1495 t 1 00027 $0.78 15 BOWL BRUSH 4 b 3 `` NO BID NO BID 16 SPONGE WITH SCOURING PAD 64900067 $0.38 n LIQUID TIDE 4 5 487 bb(t3 _`" NO BID NO BID is VIVID COLOR SAFE BLEACH 4$5+3 pt0p4 " NO BID NO BID 19 DISHWASHING LIQUID 4 4' (b4b1 64100600 $5.36 20 DISHWASHING TABLETS FOR DISHWASHE ,: f4$5 +38 bt6b NO BID NO BID 21 WHITE SHEETING RAGS NO BID NO BID 22 ALL COTTON WHITE RAGS 45 �btbb3 NO BID NO BID 23 MOP BUCKET AND WRINGER 47 -pb T01007 $44.62 24 DUST MOP HEAD f4$5bt1 DMTL-13536W $6.36 zs 24 OZ COTTON MOP HEAD CM-2024S $2.28 26 33"X 40"TRASH CAN LINERS 457bbbb ; 64900057 $40.00 27 38"X 58"BLACK TRASH BAGS 475767573373 `' 64900057 $33.49 28DISCOUNT 0% Page 566 of 972 PRIDE Enterprises 223 Morrison Road Brandon, FL.33511 Phone(866)283-6819/Fax(727)570-3449 Contact:John R. McCleese Email:bids@pride-enterprises.org BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN 0% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS Page 567 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Pyramid School Products 6510 North 54th Street Tampa, FL.33610-1908 Phone(800)792-2644/Fax(813)621-7688 Contact: Kenneth D. Miller Email:kenny@pyramidsp.com ITEM# DESCRIPTION COMMODITY# PARTNUMBER LYSOL FOAM CLEANER 48 b1Y fftbb4 RACO2775CT $3.39 12 2 DISINFECTANT DEORDORANT SPRAY 4$5p1Y 4 S CHAMPION 4104 $2.69 12 3 GLASS CLEANER 485 iftJ6 E 6 CL000459CT $3.45 12 a LIQUID BLEACH NO BID NO BID 5 TOILET BOWL DISINFECTANT 48Y1 -pbbt3 `` NO BID NO BID s PINK HAND SOAP 5031-420-02 $11.98 4 7 LEMON DISINFECTANT 48Y1 -pbbb6 NO BID NO BID a RUST REMOVER 7==7j NO BID NO BID 9 DEGREASER7748Y1 -tPbiGa NO BID NO BID 10 ODO-ELIMINATOR NO BID NO BID 11 DEGREASER 48 4p' 3 `` NO BID NO BID 12 WASP&HORNET SPRAY 4 5 �f4b}1 SJN668006 $4.89 12 13 INSECT REPELLENT 48 "7 tbbb6 SJN611081 $5.86 12 14 SCRUB BRUSH ABCO 00027 $1.19 12 15 BOWL BRUSH 4 b 3 `` ABCO 00017 $1.29 12 16 SPONGE WITH SCOURING PAD 70CHD $0.50 40 17 LIQUIDTIDE 48 487bb(t3 _`" PGC08886 $17.99 4 is VIVID COLOR SAFE BLEACH 4$ +3 pt0p4 " NO BID NO BID 19 DISHWASHING LIQUID 48 4' (b4b1 NO BID NO BID 20 DISHWASHING TABLETS FOR DISHWASHE ,: 14$5 +38'bt'Wt' RAC7705OCT $5.29 8 21 WHITE SHEETING RAGS NO BID NO BID 22 ALL COTTON WHITE RAGS NO BID NO BID 23 MOP BUCKET AND WRINGER 47 -pb 758088YEL $47.98 24 DUST MOP HEAD f4$51bt1 618 $5.57 12 zs 24 OZ COTTON MOP HEAD 48b7 bbt `"; CM2024$ $2.79 12 26 33"X 40"TRASH CAN LINERS NR334011 N/K $25.98 500 PER CASE 27 38"X 58"BLACK TRASH BAGS 48,573757377s `' KM3858XXH $24.95 100 PER CASE 28DISCOUNT 20% Page 568 of 972 Pyramid School Products 6510 North 54th Street Tampa, FL.33610-1908 Phone(800)792-2644/Fax(813)621-7688 Contact:Kenneth D. Miller Email:kenny@pyramidsp.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN 20% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS Page 569 of 972 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:August 29,2019 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#043-1412-19/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION,IF ANY ARE HEREBY REJECTED AS LATE." Unipak Crop. PO Box 300027 Brooklyn,NY 11230 Phone(888)808-5120/Fax(718)677-9371 Contact:Brian Marcus Email:customercare@unipakcorp.net ITEM# DESCRIPTION COMMODITY# PART NUMBER 1 LYSOL FOAM CLEANER 45-blltbbb�k ' NO BID NO BID 2 DISINFECTANT DEORDORANT SPRAY 7 4876777673 71 NO BID NO BID 3 GLASSCLEANER 4M5dfitbbb6.... NO BID NO BID 4 LIQUID BLEACH 5019106001'. NO BID NO BID 5 TOILET BOWL DISINFECTANT 4W541-bbb05 NO BID NO BID s PINK HAND SOAP 45-Q1-b{3b3` NO BID NO BID 7 LEMON DISINFECTANT 45-QY-b{3b 6. NO BID NO BID e RUSTREMOVER NO BID NO BID 9 DEGREASER 45-Ql-bbb14S NO BID NO BID 10 ODO-ELIMINATOR 45-Ql-00015. 77, NO BID NO BID 11 DEGREASER 45-b2-bbba3. NO BID NO BID 12 WASP&HORNET SPRAY di NO BID NO BID 13 INSECT REPELLENT 45-b �4bb 6.... _ NO BID NO BID 14 SCRUB BRUSH 45-2=bbbtYi NO BID NO BID 15 BOWL BRUSH NO BID NO BID 16 SPONGE VMTH SCOURING PAD =0'0'96 NO BID NO BID 17 LIQUIDTIDE 45-b,7-00063.: NO BID NO BID 1e VIVID COLOR SAFE BLEACH 503796664 NO BID NO BID 19 DISHWASHING LIQUID 75-b3$-bob 1. NO BID NO BID 20 DISHWASHING TABLETS FOR DISHWASHER NO BID NO BID 21 WHITE SHEETING RAGS 45-b5 -btlbb NO BID NO BID 22 ALL COTTON WHITE RAGS 49552-bdbb3.. NO BID NO BID 23 MOP BUCKET AND WRINGER 45-b6=b0b 1. NO BID NO BID 24 DUST MOP HEAD NO BID NO BID 25 24 OZ COTTON MOP HEAD 45-b7sbbb6 NO BID NO BID 26 33"X40"TRASH CAN LINERS NO BID NO BID 27 38"X 58"BLACK TRASH BAGS 45-`XSRY bq3. UPC 60XH $15.70 100 PER CASE 2e DISCOUNT 10% Page 570 of 972 Unipak Crop. PO Box 300027 Brooklyn,NY 11230 Phone(888)808-5120/Fax(718)677-9371 Contact:Brian Marcus Email:customercare uni akcor .net BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 10% PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDUM NONE COMMENTS Page 571 of 972 cvwl Vv v q ITF M .a U. 91 z Tz , 1p u 4 t; V IL CL go ,Lt� + to 0 40 x US 0 ui 32 cr � 0 Lu Q `~ - AL4 uCL 0' U3 m -' .. a) .� � ag 4 _ „. .- q* a Vr I J 1.1 U. L,L ............ 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CONSENTAGENDA 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting on September 5, 2019. EXPLANATION OF REQUEST: The City Commission met on September 5, 2019 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 09-05-2019 Commission Meeting Minutes Page 590 of 972 MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY SEPTEMBER 5, 2019 AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Crystal Gibson, City Clerk Christina Romelus, Commissioner Ty Penserga, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30p.m. Invocation by Mayor Grant Pledge of Allegiance to the Flag led by Commissioner Ty Penserga Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz, Commissioner McCray, Commissioner Romelus and Commissioner Penserga did not have any disclosures. All thanked staff and EOC for a Job Well Done. Grateful the City of Boynton Beach was spared and prayers are with the Bahamian people. Page 591 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Mayor Grant noted on August 21 t he attended a meeting with the Coalition of Boynton West Residential Association (COBWRA) and the Community Greening. The Community Greening will be placing fruit, shade trees, and educating the community about the importance of trees. August 27th the Commission had the Quantum Park Overlay Development District meeting. Mayor Grant indicated the City could move forward with the Eco Park. Later that evening he met with the Mayor of Carrefour, Haiti, Jude Edouard Pierre. August 28th he attended a networking event at Bar Louie with the networking beast, to raise money for Community Caring Center. Thanked the City HR staff for the wonderful Health Fair. He met with the president of COBWRA; Mayor Grant informed the Commission a master plan submitted for the Boynton Beach Mall site. One of the possibility of building a mid-size arena. He reached out to GOBWRA to get their support. Thanked the EOC and staff. He was able to stop by and see everything worked well. He met with the director of Feeding South Florida, Paco Perez. B. Conduct First Public Budget Hearing for FY 2019/2020 Proposed Millage and Tentative Annual Operating Budget. PROPOSED RESOLUTION NO. R19-087 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2019-2020. Lori LaVerriere, City Manager stated Mara Frederiksen would make a presentation. Mara Frederiksen, Director of Financial Services, provided a budget overview. Staff will provide a budget overview (power point). Because of the Budget Workshops that were held on July 15th and 16th, 2019 the City Commission approved a proposed millage rate of 7.9000 mills and a proposed General Fund budget of $95,978,175. The proposed FY 19/20 General Fund Budget of $96,358,776 is an increase of 5.7% or $5,234,750 over the original adopted FY 18/19 General Fund Budget of $91,124,026. Based on Commission decisions since the July budget workshops, the following changes have been incorporated into the proposed tentative budget. Increased General Fund from $95,978,175 to $96,358,776. This was needed to reflect the CRA funded Police staff, Plans Examiner position, initial phase of mobility plan, contractual services for Crossing Guards, Recreation department reorganization, and Fire RMS System. Increased Golf Fund from $1,924,465 to $2,199,465 due to staff identification of needed irrigation repairs on the golf course. Increased Local Government Surtax Capital Projects Funds from $7,000,424 to $7,060,424 due to Fire Station 1 Vehicle Exhaust System related to the Town Square Project. Commissioner McCray asked how many school crossing guards and the costs. Ms. LaVerriere indicated the City found there were five schools, which were in the need for crossing guards. The cost per guard was about $7300. Commissioner McCray asked if there was a pay increase included in the budget. Ms. LaVerriere indicated this was up to the contractor. 2 Page 592 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Chief Gregory, Police Chief, responded the City pays a flat rate. The increase was between the contractor and the contract employee. Mayor Grant opened up for public comments. Seeing none, Public Audience closed. Mayor Grant asked for a motion to approve PROPOSED RESOLUTION NO. R19-087 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2019-2020. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion that unanimously passed. Attorney Cherof stated as provided in Section 2 of the resolution the millage rate for the fiscal year 2019/2020 is 7.900 for the General Fund, the second and final public hearing on the millage rate is on September 17, 2019 @ 6:30 INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA. The proposed millage rate is 4.75% above the computed rollback rate of 7.5418. PROPOSED RESOLUTION NO. R19-088 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2019-2020. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion that unanimously passed. Mayor Grant opened up for public comments. Seeing none, Public Audience closed. Attorney Cherof stated as provided in Section 21 of the resolution the second and final public hearing on the budget for 2019/2020, on September 17, 2019 @ 6:30 INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS. A. The Human Resources and Risk Management Department is hosting a "Speed Hiring Event" on September 21, 2019 from 8:00 a.m. to 5:00 p.m. at the Ezell Hester Center located at 1901 N. Seacrest Boulevard, Boynton Beach, FL 33435 Danielle Goodrich, Human Resources Administrator announced the Human Resources department would be hosting a Speed Hiring Event is being held to attract local candidates interested in employment opportunities in the following City departments: Public Works, Utilities, and Recreation and Parks. 3 Page 593 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Commissioner McCray inquired as to what was speed hiring. Ms. Goodrich explained this was a new event, which the city never did before. Commissioner Romelus asked if these were temporary positions. Ms. Goodrich responded these were fulltime positions. Mayor Grant noted the applicant must fill out the online application, prior to the event. They can go to the library if the applicant does not have a computer. B. Palm Tran will provide a brief presentation, 5-10 minutes, to the City Commission regarding route updates in the Boynton Beach area. Nikasha Wells, Senior Manager of Governmental Affairs, and Senior Planner Anna Bielawska, will be presenting the information to the Commission. Nikasha Wells, Senior Manager of Governmental Affairs, and Senior Planner Anna Bielawska accepted the award. Nikasha Wells, Senior Manager of Governmental Affairs provided some undated changes to Palm Tran. Indicated there are 9M rides per year; which is more than Bright line, Urber, Lyft or Tri-rail, there are 32 routes and more than 2000 stops throughout Palm Beach County. Anna Bielawska, informed the commission there are five routes in Boynton Beach, with 212 stops. She indicated there were approximately 690,000 boarding's annually. Last September, Palm Tran performed a major overhaul of the route system; there are some improvement of the routes with improvement of the ridership. Impact for Boynton Beach weekday and weekend frequent improved. The improvement for route 73 includes Sunday service. There are some new bus shelters in the fall of 2019. Ms. Wells informed the Commission there was a new site plan development Currently Palm Trans has relationship with some municipality along with staff, the look for opportunity for bus furniture. Another opportunity is a fare technology interoperability, making certain riders are able to use the same fare card for Palm Tran, Tri-Rail, and Miami Dade County Transit. There is a new Administrative facility housed in Delray Beach. Commissioner McCray asked about the trash being thrown around the area near the bus benches. There have been many complaints. Ms. Wells responded this has been an ongoing issue, the stops owned by different entity. The only benches which Palm Tran was responsible for were unincorporated Palm Beach County. Commissioner Penserga stated the City has a large plastic garbage bin. He also notice there are some permanently welded garbage container. What he has noticed, when items are in the garbage container are be blown around. Ms. Wells indicated she could not speak regarding the welded garbage containers. Commissioner Penserga believed this 4 Page 594 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 would be helpful. Ms. Bielawska indicated they are looking into contracting the cleaning portion out to a private vendor. Mayor Grant stated he rode the bus and the bus was clean and the Wi-Fi worked. Commissioner Romelus asked if there a program which encourages residents to ride the bus. Ms. Bielawska stated they have mobility week. C. Proclaim the month of September as Hunger Action Month. Sari Vatske, Executive Vice President of Feeding South Florida, will accept the Proclamation. Mayor Grant proclaimed the month of September as Hunger Action Month. Sari Vatske, Executive Vice President of Feeding South Florida, thanked the Commission for the proclamation. In South Florida, 706,430 individuals do not know where they would get their next meal. More than 236,370 of those individuals are children and over 100,000 are older adults. Feeding America food banks, across the country including Feeding South Florida, will host several events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community. Commissioner Penserga asked if tours were available to tour the facility. Ms. Vatske responded tours were available. Commissioner McCray thanked Ms. Vatske for all they do. She would get a group together to help sort the food items. Commissioner Romelus stated it was not just homeless people; a good percentage of America is just one paycheck away from need and instability. Ms. LaVerriere informed the Commission there would be a food giveaway on Saturday, September 21, 2019 at the Ezell Hester Center. D. Proclaim September 17, 2019 as Constitution Day and Citizenship Day. In addition, proclaim the week of September 17-23, 2019 as Constitution Week. Mayor Grant proclaimed September 17, 2019 as Constitution Day and Citizenship Day, he also proclaimed the week of September 17-23, 2019 as Constitution Week. Marjorie Ferrer noted in 2026, the United States would be celebrating its 250th Birthday! The U.S. Congress has established a Commission to begin planning for 2026, and the Nonprofit organization USA250 has been officially tasked "to organize, advocate, promote and coordinate" celebration planning for the nation's 250th Anniversary. Palm Beach Chapters of The Daughters of the American Revolution, in coordination with the DAR State Organization, are creating a Constitution Week Activities Pathway for students in the Palm Beach School District for September 17-23, 2019. 5 Page 595 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Students currently enrolled in the 5th grade will be the graduating class of 2026, the birthday year! A seven-year commitment made to teach students as much as possible about the Constitution and the Declaration of Independence during Constitution Week, beginning with the selected grades in Elementary Schools, 7th in Middle Schools and 12th in High Schools. The pathway would lead to additional grades added in future years, with appropriate lesson plans and activities for each. The ambitious goal is to include all students K-12 by 2026 - approximately 190,000! Volunteers from the Daughters of the American Revolution as well as The Sons of the American Revolution will play an important part as guests in schools throughout the county. Presented a Resolution by the Governor to the City of Boynton Beach. E. Announce the following September 2019 meetings: Special Commission meeting on Tuesday, September 10, 2019 at 6:OOpm at Intracoastal Park Clubhouse to adopt Final Fire Assessment for FY 19/20. This meeting will be held immediately before the CRA meeting. Regular Commission Meeting on Tuesday, September 17, 2019 at 6:30pm at Intracoastal Park Clubhouse. Mayor Grant announced the September meetings. F. EOC Presentation Matthew Petty, Deputy Chief of Administration, provided an overview of the EOC for the Hurricane event. Thanked the City Commission for their support. Ms. LaVerriere pointed-out Deputy Chief Petty did an outstanding job as well the Communication Department. Deputy Chief Petty represented the City on a countywide level. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) David Katz, 67 Midwood Lane, noted last year there was a there was a volunteer board dinner. He did not see any funds for the board dinner for this year. In addition, part of the pavement near Ale House looks horrible on Congress Avenue. Kalra Lakhmichand 3842 South Lake Drive indicated he lived in the City of Boynton Beach for the past 40 years. His children were born and raised in this City and they have become professionals. He stated that about five years ago the County had a surplus lot 6 Page 596 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 on Lake Ida, about 23 acres. Mr. Lakhmichand noted he was the highest bidder. He stated an ex-Commissioner approached the seven County Commissioners and convinced them to offer the property to the City of Boynton Beach, the City declined because it did not have land access. The Same Commissioner went to Delray Beach to purchase the lot. The County placed a restriction that the area must be maintained. The City of Delray and Code Enforcement agreed to maintain the property. The County gave the City of Delray Beach a year to clean the property, which they were not able to complete. The City of Delray wanted to give the land back to the County, but the county refused to take the land back. They are now trying to annex the property. The City of Boynton Beach is missing $30,000 in possible taxes. Mayor Grant inquired if the City has a claim, because it is adjacent to Boynton Beach. Attorney Cherof the City is looking into the options of what is available to the City of Boynton Beach. Rae Whitley, 223 NE 12 Ave, stated he would be reaching out to speak about the homeless population. He received emails regarding the hurricane. Indicated the Homeless Coalition would like to collaborate with Boynton Beach as well as Palm Beach County to come together in solidarity to help those affected by Hurricane Dorian. He noted the Commission has stated the City of Boynton Beach is the closest place to the Bahamas. Commissioner Penserga asked what was planned and how the City could become involved. Mr. Whitley responded with his cell telephone number and noted nothing has been decided; he wanted to get together with City staff and come up with a plan. Commissioner McCray pointed out the fire department in this City has begun collecting items to send over to the Bahamas. He indicated the City could sit down to have the conversation regarding the collaboration in the near future. Mayor Grant stated he spoke with the Director of Feeding South Florida, and the issue was the population was about 400,000 people, they are going to be bombarded with supplies throughout the Country. He mentioned the issue with the Carolinas. Mayor Grant stated we want to have the continued effort in the Bahamas. They have not opened the port to the Bahamas. They cannot send supplies that cannot reach the intended recipient. The City needs to have a partner in the Bahamas. Mr. Whitely indicated they have identified partners in the Bahamas. Commissioner Romelus stated as a Commission they agreed to be a part of the effort. Gary Fishman 3504 Diane drive, resident association president, voicing his concern regarding the five acres of land north of Lake Ida Park in Delray Beach. Indicated Mr. Lakhmichand, has the only land access. Palm Beach County awarded the land to the lowest bidder. When Palm Beach County changed the stipulation to have land access, not in 10 years, but in five years, Boynton Beach decided to bid on the land. Delray Beach 7 Page 597 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 was not in the auction and illegally acquired the land going against the auction rules. He wanted to know why Palm Beach County lifted all restrictions for Delray Beach. He stated Delray Beach has not maintained the land and has several code violations. With no mean of proper maintenance, this land is a harmful jungle. There are iguana, poisonous snakes, rabid raccoons; alligators are escaping into the neighborhood. There are illegal trees, which have not been destroyed. He stated that Delray Beach was not adhering to Florida's rules regarding invasive trees. The City of Delray Beach wants to keep the land and have the land annexed to them. The City of Delray Beach does not have land access. He stated his neighborhood is suffering. Sharon Evans, 32 Country Lake Circle, thanked the Commission for the new dugouts. She stated it was disappointing there were no funds allocated for Boy Scout Park. He indicated youth sports was on the decline but baseball was not. The park was not ADA compliant. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read the vacant openings. Motion Commissioner McCray nominated Chevette Gadson on to the Educational and Youth Advisory Board (REG). Commissioner Romelus seconded the motion that unanimously passed. Motion Mayor Grant nominated Kevin Duterval to the Education and Youth Advisory Board (STU). Commissioner McCray seconded the motion that unanimously passed. B. Authorize members of the City Commission to attend PBC Days in Tallahassee, FL from January 14-16, 2020. Ms. LaVerriere stated Travel expenditure is approximately $1000 per person to attend. This includes two nights' hotel, airline ticket, registration and food. Funds are budgeted in the City Commission's Business Meeting account. 8 Page 598 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Mayor Grant requested $1000 per person. Noted the League of City has Legislative Days at the end of the Month in January. In addition, he indicated the Legislative days by the League of Cities was very informative. Motion Commissioner McCray moved to allow four elected official to attend the Palm Beach County Days in Tallahassee, Florida January 2020. Vice Mayor Katz seconded the motion that unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Mayor Grant pulled item A. A. PROPOSED RESOLUTION NO. R19-089 -Approve transmittal of the current City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report and corrected FY2015-2016 Annual Report, including authorizing the Mayor to sign the corresponding Local Housing Certifications. Mayor Grant requested clarification regarding the compliance. Lashea Brooks, Community Improvement Specialist, noted two certifications presented to the commission and a letter of clarification regarding SHIP. Commissioner McCray inquired about clarification letter and the City response. Ms. Brooks responded the State of Florida reviewed the annual report from fiscal year 2015/2016; corrections were needed. She explained once corrections are made to the report, the report must be resubmitted. In addition, two certification require signature. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. B. Accept the written report to the Commission for purchases over$10,000 for the month of July 2019. 9 Page 599 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 C. To approve recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, Kimley-Horn, and establish a contract for RFQ#035-2413-19/MFD for SE 1st Street Sidewalk Improvements Design and Consulting Services." D. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ended June 30, 2019. E. Approve revisions to and addition of project(s) to the Fiscal Year 18-19 approved surtax projects. F. Approve an increase to Johnstone Supply for HVAC parts and supplies under the Broward County contract #18-029R effective until June 30, 2020 from $24,000 to $32,000 with an estimated annual expenditure of $40,000 for the extent of the contract which expires on June 30, 2020. G. Approve Bid award of Annual Supply of PVC Schedule 40 & 80 Irrigation Supplies Bid # 039-1412-19/MFD to the following three (3) companies: Fortiline, Ferguson and SiteOne on a primary, secondary and third basis to the lowest, most responsive bidders who met all specifications with an estimated annual amount of $25,000. H. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities as described in the written report for September 05, 2019-"Request for Extensions and/or Piggybacks." I. Approve the minutes from City Commission Budget Workshop held on July 16, 2019 and the City Commission meeting on August 20, 2019. Motion Commissioner McCray moved to approve the remainder of the Consent Agenda. Commissioner Penserga seconded the motion that unanimously passed. 7. CONSENT BIDS AND PURCHASES OVER $100,000 Commissioner Penserga pulled item A. Commissioner Romelus pulled item C. A. PROPOSED RESOLUTION NO. R19-090 - Approve purchase orders to Kompan Inc utilizing the US Communities contract #2017001135 for Meadows Park fitness zone installation in the amount of $23,500 and for Boynton Lakes Park playground installation in the amount of $90,000.02 for a total estimated expenditure of$113,500.02 and authorize the City Manager to sign a piggy-back 10 Page 600 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Contract with Kompan, Inc. US Communities contract satisfies the City's procurement requirements. Andrew Mack, Director of Public Works, provided a brief presentation. As part of the Capital Improvement Plan (CIP), there are funds for the Boynton Lakes playground. Mr. Mack provided a listing of new items. The existing six seat Swing Set would remain, adding two Spinner Bowls, one Spica, one elf play apparatus, one synthetic play surface. Commissioner McCray inquired as to the life expectancy of the synthetic play surface. He noted t J.C. Park synthetic play surface need replacement. Mr. Mack responded depending on the environment the surface should last between 10-15 years. The synthetic play surface at J.C. Park is scheduled to be replaced. Mr. Mack continued the update with Meadows Park. He explained originally the park had fitness trails and the City chose to go with fitness zones. The park has a combination pull- up bar, bench/seat, climber, in addition new parallel bar, push up bars, and three. Mr. Mack stated once the Commission approve this resolution, he estimates it would be about 30 days for installation. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion that unanimously passed. B. Approve the purchase of Water Meters and Equipment with Sensus USA as an awarded vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Advance Metering Infrastructure (AMI). Items will be ordered on an "as needed" basis for the estimated annual expenditure of $400,000. C. Approve an increase to the estimated expenditure with MacMillan Oil Company, LLC of Hialeah, FL from $1,000,000 to $1,200,000 per the City of Delray's Agreement ITB #2017-047 due to the fluctuating prices for the period of the contract which expires on June 6, 2020. Commissioner Romelus wanted staff to elaborate on the estimated expenditure with MacMillan Oil Company. Andrew Mack, Director of Public Works, noted that in the beginning of the year, staff estimates the cost of fuel for the year. He stated for the past few years the City expended less than $1 M, this year staff is projecting an increase based on the fluctuation in gas prices since the beginning of the fiscal year. He indicated the allocation needed to be increased. Staff realized other departments was utilizing this vendor. These departments were included in this allocation. As part of the hurricane preparedness, MacMillan Oil Company would allow the City to have first rights during a hurricane. 11 Page 601 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion that unanimously passed. D. Approve the purchase of replacement vehicle as anticipated in the FY 2019-20 fleet replacement budget in the estimated amount of $325,879.04 by utilizing the following contract: Sourcwell for one (1) Solid Waste split rear loader. E. Approve award of Annual Supply of Brass Fittings and Accessories Bid 040- 1412-19/MFD to the following two (2) companies Ferguson Enterprises and Fortiline Inc. on a primary and secondary basis to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of $150,000. F. Approve award of Annual Supply of Pipe Fittings and Accessories Bid 041-1412- 19/MFD to the following two (2) companies: Ferguson Enterprises and Fortiline Inc. on a primary and secondary basis to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of $210,000. G. Approve Task Order No. COBB 018-25511-18/IT Roof Repair at West Water Treatment Plant in the amount of$110,000 in accordance with the Pre-Qualified Vendors for Minor Construction Services Agreement. Motion Commissioner McCray moved to approve the remainder of the Consent Agenda. Commissioner Penserga seconded the motion that unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDIANCE NO. 19-027 - SECOND READING - Approve proposed code language implementing Sustainable Development Standards recommended by the Climate Action Plan and CRA Redevelopment Plan (CDRV 19-005) - Amending the LAND DEVELOPMENT REGULATIONS: Chapter 4. Site Development Standards. Applicant: City-initiated. Attorney Cherof read Ordinance No. 19-027 into the record by title only on second reading. 12 Page 602 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion that unanimously passed. City Clerk Gibson called the role. Vote 5-0 9. CITY MANAGER'S REPORT A. A presentation of the proposed activation of the new City Hall Innovation Space. John Dugan, Special Projects Coordinator, Provided an update on City Hall innovation space, incubator/co-working and Maker space at the City Hall Town Square. (Please see attached presentation) Commissioner Penserga inquired there would be some space and we will hire a third party, what would be the role of City Staff. Mr. Dugan responded City staff would not be involved, the third party would have control of the space and report to City staff. Mayor Grant wanted clarification that a marker space in already in the same building. The City has coffee shops coming in, private co-working space as well. How does the City plan to select this third party? The third party administrator of the incubator, what is their goal? Will the City try to find a University or other higher-level education or trying to find another non-profit., are we planning to focus on a specific industry, versus opening it up to everyone? Mr. Dugan responded the City was looking to solicit the public universities to run the program. Mayor Grant stated Palm Beach Atlantic (PBA) was coming to Fire Station 5, he indicated maybe the City could collaborate with PBA. Commissioner Romelus asked if it was possible to merge two components, incubator and marker space. Mr. Dugan responded that could be an option. Ms. LaVerriere stated the space was only 1600 square feet. Commissioner Romelus asking about increasing commissary space in the City of Boynton Beach. Mr. Dugan replied staff would do everything possible to help, the Community Caring center just has their gig economy, which focuses on the culinary industry. He said 13 Page 603 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 many of the incubators and maker space has a specific focus. This was a growing industry. Commissioner Romelus believed this would be something to explore for other buildings. Commissioner Penserga asked if they have already began reaching out to universities. Mr. Dugan replied they have not reached out to the universities, staff wanted to come before the board prior to reaching out to third party entities. Colin Groff, Assistant City Manager, indicated the next step was to have some letters of interest go out. Their partners have reached out, but staff did not want to start anything official until they spoke with the Commission. There was a consensus. B. Staff will present an update on the status of the Town Square Master Plan. Colin Groff, Assistant City Manager, informed the Commission the buildings are going up. The new police station has the windows installed. The interior framing is on its way, the plumbing, electrical is almost done. He hoped to have a tour of the police station soon. Commissioner McCray asked when the police station would be completed. Mr. Groff responded they were still on schedule, with a target of the end of February 2020. There have not been any delays concerning construction. Thought E21- the contractors did a great job in securing the construction site. The first building to be completed is the Cultural Center building, scheduled for the end of October or the beginning of November. Because of parking concerns, the building could not be used for full events. Mayor Grant asked about the Chill Energy Plant's completion. Mr. Groff stated the Chill Water Plant for the most part is finished; they found a way to add an additional chiller. All the underground work is finished; Ocean Avenue should be finished before the Cultural Center. Commissioner McCray asked why staff was coming back to the Commission requesting additional chillers. When he voted for this project staff stated everything was thought out. Mr. Groff responded the construction schedule has changed enough that the equipment is too large; they found an opportunity to purchase a swing chiller, a much smaller piece of equipment, which allows running one building, later it would allow for better efficiency. Commissioner McCray inquired as to the completion date for City Hall. Mr. Groff replied he is estimating the end of May 2020 to start having staff move in. It may be the middle of May 2020. The official schedule is July 1, 2020. Commissioner McCray asked if the building would withstand a Hurricane Category 5. Mr. Groff informed the commission the contractor strapped the building down where it could not move. Mr. Groff informed the commission John Markey made some minor adjustments to the Master Site land, those 14 Page 604 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 require approval and changes to them Master Site Plan, the changes are small enough under the code it would be an administrative approval. Since this was, a partnership for transparency staff brought this before the commission to review. The Developer JKM is removing the age removal of the age-restriction on the units planned for the central building; increase in the dwelling units planned for the central residential building from 104 to 169; and the reduction in dwelling units planned for the south residential building from 261 to 196. No off street parking on SE 2nd Avenue, Minor revisions to the shared parking. Commissioner McCray asked what would go on the corner of Seacrest and Boynton Beach Blvd. Mr. Groff replied the Hotel. Commissioner McCray asked if there was any interest in the hotel. Mr. Groff replied staff was currently reviewing an offer of interest. John Markey, Delray Beach Florida, indicated they have received the building permit for the south garage. The building permit processed in three days; he thanked the City for expediting the process. Commissioner McCray inquired why Mr. Markey could have an expedited permit, why not for regular citizens. Mr. Groff stated the City is working on improving the process. John Markey stated this was a good example of this partnership with staff and the public. He takes the word partnership seriously. Tonight one of the most important changes to the Master Site Plan with the removal of the age restrictive building. Mr. Markey noted they are starting with the south building; these units were redesigned to be larger more of luxury type units. He indicated Commissioner McCray asked about the hotel, they have been cooperating with E2L and City Staff on how to accelerate the Hotel and the north garage. Vice Mayor Katz thanked staff and the developer for bringing the update to the Commission. He requested timelines on the south garage construction as well as the residential. Mr. Markey replied he would to be out of ground in the fourth quarter of this year. They will be submitting for a building permit for the apartment building adjacent to the south garage apartments within the week. They need to get to the guarantee maximum price and a contract, before any bank would close on the financing, which means the financing for the apartment building and the garage, they both must be financed together. This was a four to six week effort. A start in the last quarter of this year would be the best-case scenario. Vice Mayor Katz asked how quickly once shovels in the ground and garage starting and the residential would the estimate be. Mr. Markey responded the current estimate would be June of 2020. He indicated the garage would go up much faster than the apartment building. The apartment building are not precast. If we could get a Certificate of Occupancy and begin leasing and occupying the last quarter in 2020 was reasonable. Vice Mayor Katz stated based on the information provided residential on the south end would be the last quarter of 2020. Mr. Markey responded yes. 15 Page 605 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Vice Mayor Katz asked if the finance secured for these different parcel buildings. Mr. Markey stated they have some commitments and a $3.5M mortgage with Citi National Bank on all three parcels. They are shopping the financing around. They are shopping some different construction lenders. Vice Mayor Katz stated they have a deal, but are seeking better rates and terms. If the Southside garage and residential fourth quarter 2020 is built, what about central building, parking and residential. Mr. Markey replied the central building was further out and would be in the first or second quarter in 2021. The reasoning is that Boynton is pushing the market. They are taking a step at the head of the curve. This is done because they believe in the market and the community, the problem lies is getting the finance world to believe that. To get this first building done is a big step; we have already taken a big step with Citi National with the financing. They need to prove out the market with the first building, they need to show they can perform with this building, we need to lease the units before anyone will lend money on the next building. Vice Mayor Katz stated this was hypothetically Central Residential completion for the second quarter 2021. Mr. Markey replied they would start in the second quarter 2021. Vice Mayor Katz inquired about the final phase Northside residential garage and potential hotel estimated start or completion date. Mr. Markey replied he was not the hotel developer but believed the hotel could happen much faster. They are working with staff to try to accelerate the parking, which the hotel needs. He indicated the market study states there is demand for the hotel. Vice Mayor Katz stated the hotel was contingent upon the parking garage. He also inquired about the garage and residential on the North side of the project. When would the completion of the final North phase? Mr. Markey indicated they have not projected a timeframe. They need to prove out the market, the garage would be complete before the apartment or retail. They are at a point where they have figured out a way to finance this. He was working and staff was working hard getting together some finances to make this happen. Vice Mayor Katz asked if there was anything perceived as an impediment to the delivery of these phases. Mr. Markey replied the only impediment was the market demand. He was a believer with money, time and relationship invested; he sees no obstacle such as a change in the market place, construction cost and political environment. Vice Mayor Katz thanked Mr. Markey for the update. Commissioner Romelus indicated she sits on the board of Palm Beach County Tourist Development Council, have praised the development of the project. Boynton Beach was an example for other cities. The City was creating a lot of buzz for this project. This was exciting for all of us, and thanked Mr. Markey for putting Boynton Beach on the map. Mr. Markey stated what we are doing in this City is groundbreaking. 16 Page 606 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Mayor Grant requested to place as a future agenda item for the branding of the Town Square Master Plan, what name the City wants to have for the future of our downtown. There was consensus. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS -None 12. LEGAL A. PROPOSED RESOLUTION NO. 19-091 -Authorizing the City to set rates, fees and charges for Water, Wastewater Stormwater and Reuse Water for the upcoming FY 19/20. Water." Mayor Grant read the resolution into the record. Colin Groff, Assistant City Manager indicated this was addressed in the budget workshop. They are adjusting rates, but Boynton Beach is the lowest in the County. Staff get the cost low and the quality high. Joe Paterniti, Utility Director, provided an update regarding the fiscal year rate adjustment. The fiscal year adjustments needed to cover projected utility costs. 2% increase in water rates, 1% decrease in wastewater rates, 3% increase in reclaimed water rate, and $0.50 increase in Storm water fee. These rate adjustments would generate the revenue required to operate the utility. The future adjustment with current CPI estimated at 2% per year. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. B. PROPOSED ORDINANCE NO. 19-028 - SECOND READING - Approve amendments to Chapter 26 by adding a new "Article IX - Chilled Water." This Addition will provide for the operation of District Energy Plants that produce and supply chilled water for use by customers for the provision of centralized air conditioning management. Attorney Cherof read the proposed Ordinance No. 19-028 into the record on second reading by title only. 17 Page 607 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion that unanimously passed. City Clerk Gibson called the role. Vote 5-0 Mayor Grant requested to place on Future Agenda about property on Lake Ida, which the City of Delray Beach is trying to annex. Ms. LaVerriere responded there would be a report. Attorney Cherof stated he would have a written report to be included in the agenda package. 13. FUTURE AGENDA ITEMS A. Staff to present updated Social Media Policy - September 17, 2019 B. Department to give brief presentation of their operations Library - September 17, 2019 C. Quarterly Census updates by Laura Lansburgh, Marketing Manager: September 17, 2019 December 17, 2019 March 17, 2020 D. Approve request for abandonment of a portion of the unimproved NE 3rd Street right-of-way, north of NE 9t" Avenue, in connection with the dedication of property from the Community Redevelopment Agency (CRA) and realignment, and extension of NE 3rd Street from NE 9t" Avenue to Martin Luther King, Jr. Boulevard (ABAN 19-001). Applicant: Michael Simon, CRA Executive Director. -September 17, 2019 E. Approve MLK Overlay and Use Matrix Revisions Part I (CDRV 19-006) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article II. Definitions; (2) Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services; (3) Chapter 3. Zoning, Article III. Zoning Districts and Overlays, and Article IV. Use Regulations; and (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MLK Overlay, modifications to rezoning-master plan application process, corrections 18 Page 608 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 pertaining to Mixed-Use zoning districts and revisions to Use Matrix, Residential and Lodging category. Applicant: City-initiated. - September 17, 2019. F. Approve efficiency improvements to the Site Plan Review Process (CDRV 19- 007) -Amending the LAND DEVELOPMENT REGULATIONS Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services, Section 2. F. Site Plan, Including Time Extension and Modifications that begin implementing staff recommendations from the internal review of the City's development review process. Applicant: City-initiated. - September 17, 2019. G. Amending qualifying dates for the March 2020 Election (Ordinance) - September 17, 2019. H. Discuss use policy for all City Parks — October 1, 2019. 14. ADJOURNMENT Motion Vice Mayor Katz moved to adjourn; Commissioner McCray seconded the motion that unanimously passed. The meeting adjourned at 8:57 p.m. (Continued on next page) 19 Page 609 of 972 Meeting Minutes City Commission Boynton Beach, Florida September 5, 2019 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Justin Katz Commissioner - Mack McCray Commissioner— Christina Romelus Commissioner—Ty Penserga ATTEST Crystal Gibson, MMC City Clerk Queenester Nieves Deputy City Clerk 20 Page 610 of 972 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Authorize the purchase of equipment and security tags to upgrade the Library's Inventory and Security sytems to Radio-frequency Identification (RFID) Technology and an Automated Materials Handling System from Bibliotheca, LLC of Norcross, GA in the amount of $236,634.38 as a sole source vendor purchase. EXPLANATION OF REQUEST: The Library was awarded a Library Services& Technology (LSTA) grant, through the Florida State Library Division of Library & Information Services to upgrade the library's security and inventory technology to RFID. Funding will allow the library to purchase new RFID security gate systems, an improved inventory system and three library patron RFI D self-check terminals for use in the new library. The grant will also pay for 170,000 RFI D security tags, seven administrative terminals and the lease of two RFI D conversion stations for a six month period that staff will need to manage the re-tagging of library collections. This is equipment is for the new library. This is a sole source purchase. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Customer service will improve by creating a proactive customer service model instead of the current passive model. This will be done by freeing up staff to proactively seek out library patrons throughout the library to assist them instead of staff passively waiting behind the customer service desk to provide patron assistance. Patrons will be trained and empowered to use the self-check out systems that will allow them to borrow library materials, pay fines using cash or credit, place holds all at the same time instead of relying on staff to complete these basic library function. FISCAL IMPACT: Budgeted Total Grant Funds= $83.991.00 Total C I P Funds = $152,643.38 ALTERNATIVES: Do not approve and forfeit use of LSTA Funds. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Page 611 of 972 Grant Amount: 83,991 CONTRACTS VENDOR NAME: Bibliotheca START DATE: END DATE: CONTRACT VALUE: $236,634.38 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Sole Source Letter Sole Source Letter D (quotes Bibliotheca (quote Page 612 of 972 ill bibliothecd" transforming libraries August 7, 2019 Craig Clark, Library Director Boynton Beach City Library City of Boynton Beach 1 15 N Federal Hwy. Boynton Beach, Florida 33435 Dear Mr. Clark, This sole source letter is to confirm that bibliotheca provides certain products that are unique to the library market, and as such, can only be acquired through bibliotheca, namely its selfCheckT" systems, RFID gates, flex AMHTm and RFID tags. These products are designed and manufactured exclusively by bibliotheca. bibliotheca is the developer and sole manufacturer of the bibliotheca selfcheckTIM System including related software. We have patents and patents pending protecting several portions of the technology. Products included in this are quickConnectT" software, Fines and Fees payment, reader advisory, program promotions (static or dynamic), and the ability to download eBooks via the cloudLibraryT" at the selfCheckT" kiosks. The aforementioned technology is an integral part of the selfCheckTM kiosks.The RFID gates and RFID tags comprise a matched component system, which improves detection rates. RFID tags are made with an adhesive that is manufactured to bibliotheca's unique, library- specific specifications, ensuring that they can withstand the rigors of the library environment. Sincerely, Matthew Bella President Amer Bella,,;( bibliotheca, LLC M.Bellamy@biblioth ca.com 01 bibliothecoo transtorming ik ran Customer Official System Quote Quote Date: 08/16/2019 Quote Number: QUO-121834-H1 K2,Rev:0 Customer Bill To: Location Information: Boynton Beach City Library-Main -Boynton Beach City Library Craig Clark 208 S Seacrest Blvd Boynton Beach FL 33435 United States of America clarkc@bbfl.us Sales Contact: Brian Gilbert Tel: 561-742-6380 Sales Phone: Quote Details Sales Email: b.gilbert@bibliotheca.com Prices are in US Dollars All in 1 RFID quote Quote expires(60)days from Quote Date above. If applicable,the hardware and software includes 12-month warranty,set-up and configuration HND303805-000-US mobile DLA 1 $4,395.000 $4,395.00 TAG000005-000-US RFID tagM fuIIDiscDVD(500/Roll) 2 1 $303.200 $606.40 Comes in rolls of 500 FLX000001-000-US flexAMH System 1 $119,210.220 $119,210.22 Standard Payment Terms: 50%on Order 40%on Shipment 10%on Acceptance SCK600003-001-US selfCheck 1000 white with coin&note(US) 3 $11,545.000 $34,635.00 TAG000010-000-US RFID tagTM'square(2,000/Roll) 85 $220.000 $18,700.00, GAT000820-001-US RFID gate premium Direct mount,2 aisle 1 $12,695.000 $12,695.00 GAT000810-001-US RFID gate premium Direct mount, 1 aisle 1 $11,495.000 $11,495.00, AMH2O0041-000-US AMH Bin large 900 x600 x865mm 5 $1,999.000 $9,995.00 SCK000033-001-US Comprise SmartPay System(Per Terminal)for Freestanding Kiosks 3 $1,999.000 $5,997.00 STF000017-001-US RFID workstation shielded NA 7 $999.000 $6,993.00 SCK200047-000-US selfCheck 1000 UL Panel for Comprise 3 $204.970 $614.91 SER901178-000-US 3M Con.Station M811/812 Six M Month Rental Fee* 1 2 $1,795.000 $3,590.00 SHP000001-000-US SHIPPING AND ADMINISTRATION 1 $7,707.850 $7,707.85, Shipping is estimated on one receiving location,unless otherwise noted,and on current rates and proposal. SWR000004-000-US IibraryConnectTm Devices subscription-1 license/device 5 $0.000 $0.00 SWR000005-000-US staffConnect gate Software licence 5 $0.000 $0.00 Software Renewal$99/yr - - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- — — — — — — — — — — — — — Bibliotheca, LLC Phone No-877-207-3127 3169 Holcomb Bridge Road, NW, Suite 200, Fax No- 1-877 689 2269 Norcross, GA 30071, USA www.bibliotheca.com Page 1 of Page 614 Of 972 01 bibliothecoo trap tormin lik ranes Customer Official System Quote Total $236,634.38 (Less Sales Tax): Additional Details All prices including Service and Maintenance do not include any applicable sales tax.If tax exempt,A copy of Tax Exemption Certificate is required with purchase order for all tax- exempt customers. Terms are NET 30 Days from Date of Invoice.Invoice is generated at the time of Shipment. Quotations are good for 60 days.All dates are based on ship dates.Order must ship within the 60-day window. After 60 days,quotation expires.Contact Bibliotheca for a New Quotation. A 20%restocking fee,in addition to in-bound and out-bound shipping,will be charged for all returns. GST/HST N*859257321RT0001 Submit Purchase Order by fax to 877-689-2269 orby email to orders-usiffibibliotheca. Accepted By: Accepted Date: Customer Purchase Order Number: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - Bibliotheca, LLC Phone No-877-207-3127 3169 Holcomb Bridge Road, NW, Suite 200, Fax No- 1-877 689 2269 Norcross, GA 30071, USA www.bibliotheca.com Page 2 of 2 Page 615 of 972 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Approve modification to the Landscape Maintenance award and annual expenditure; Bid#029-2730-18/ITfrom$1,080,896.18 to $1,339,994.54 through the extent of the bid term on September 30, 2020. EXPLANATION OF REQUEST: On October 2, 2018, Commission approved the "Two Year Contract for Landscape Maintenance" Bid#029- 2730-18/ITwith an annual estimated expenditure in the amount of$1,080,896 which included the award amount of$900,896.18 and $100,000 for additional services on an as needed basis to the five (5) vendors. (Blue Marlin Investment Company (Cayco), Duval Landscaping, LV Superior Landscaping, Property Works and Vincent and Sons Landscaping. In June 2019, the City terminated the contract with Duval Landscape for lack of performance. Accordingly the areas assigned to Duval Landscaping were reassigned according to the next lowest bid to Blue Marlin Investment Company (Cayco), Property Works, and LV Superior Landscaping. After the initial bid was awarded, it was discovered that several lots, medians and right-of-ways were not included in the original award and/or bid. These areas were assigned to the vendors as additional services. With the additional lots, medians, right-of-ways, and the reassignment of Duval Landscaping areas, the cost has increased and the original annual expenditure must be increased to $1,339,994.54 which includes $200,000 for additional services on an as needed basis for additional work as outlined in bid documents. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This bid is the most economical contractual landscaping services for various parks, building grounds, lots, alleyways, medians/right-of-ways, Cemetery, the Nuisance Abatement Program, and Median restoration. It also includes Additional Services needed for new areas along with arborist services and irrigation checks for specific issues not as scheduled maintenance. FISCAL IMPACT: Budgeted Award Totals by Vendor FY 18/19 Award FY 19/20 Award Blue Marlin Investment Company (Cayco) $ 138,164.00 $ 208,274.00 Vincent and Sons $ 580,270.78 $ 692,367.00 LV Superior Landscaping $ 67,752.00 $ 64,801.20 Property Works $ 129,676.76 $ 130,552.34 Duval Landscaping $ 65,032.64 $ 0.00 Subtotal $980,896.18 $1,095,994.54 Additional Services (As Needed) Various Vendors $ 100,000.00 $ 200,000.00 Total $1,080,896.18 $1,295,994.54 Page 616 of 972 Fiscal Year 19/20 Budget by Account Number Account#001-2730-572-46-98 (Parks & Grounds) $ 1,295,994.54 Account#001-2211-522-34.25 (Nuisance Abatement) $ 25,000.00 Account#631-3110-539-49.17 (Cemetery) $ 19,000.00 Total $ 1,339,994.54 ALTERNATIVES: Cost associated with these services can be adjusted by reducing service frequencies or by eliminating landscaped maintained areas. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Exhibit Blue Marlin Investments (Cayco) - Services Exhibit Vincent& Sons- Services Exhibit LV Superior - Services Exhibit Property Works- Services Page 617 of 972 INVOICE FOR PAYMENT CAYCO INVOICE NUMBER. INVOICE DATE. PERIOD-FROM. TO. P.O.N. 190313 A B C D E G H WORK COMPLETED TOTAL ITEM DESCRIPTION COSTPER SCHEDULED FROM PREVIOUS THIS COMPLETED % BALANCE NUMBER OF SERVICE VALUE INVOICES PERIOD TO DATE O/C) TO FINISH WORK (D+E) (C G) PF/NW/003 Fire Station#3 and Pistol Range @ 3501 North Congress Avenue 1 -BASIC MAINTENANCE(39 times per year) $ 50.02 $ /,950.00 $ 0% $ /,950.00 2-PRUNING(12 times per year) $ .5.00 $ /,020.00 $ 0% $ /,020.00 3-IRRIGATION(12 times per year) $ 60.00 $ 720.00 $ 0% $ 720.00 4-MULCHING(1 time per year) $ 3,600.00 $ 3,600.00 $ 0% $ 3,600.00 5-TURF FERTILIZATION(2 times per year) $ 250.00 $ 500.00 $ 0% $ 500.00 6-TREE FERTILIZATION(2 times per year) $ 65.00 $ /30.00 $ 0% $ /30.00 7-PALM FERTILIZATION(2 times per year) $ 65.00 $ /30.00 $ 0% $ /30.00 8-SHRUB FERTILIZATION(2 times per year) $ 250.00 $ 500.00 $ 0% $ 500.00 PF/NW/004 Fire Station#5 @ 2080 High Ridge Road 1 -BASIC MAINTENANCE(39 times per year) $ 65.00 $ 2535.00 $ 0% $ 2535.00 2-PRUNING(12 times per year) $ /50.00 $ /,.00.00 $ 0% $ /,.00.00 3-IRRIGATION(12 times per year) $ 60.00 $ 720.00 $ 0% $ 720.00 4-MULCHING(1 time per year) $ 5,400.00 $ 5,400.00 $ 0% $ 5,400.00 5-TURF FERTILIZATION(2 times per year) $ /90.00 $ 380 00 $ 0% $ 380 00 6-TREE FERTILIZATION(2 times per year) $ 45.00 $ 90.00 $ 0% $ 90.00 7-PALM FERTILIZATION(2 times per year) $ 45.00 $ 90.00 $ 0% $ 90.00 8-SHRUB FERTILIZATION(2 times per year) $ /90.00 $ 380 00 $ 0% $ 380 00 PF/NW/006 Heritage Park @ NW 10th Avenue&North Seacrest Blvd. 1 -BASIC MAINTENANCE(39 times per year) $ 35.00 $ /,365.00 $ 0% $ /,365.00 2-PRUNING(12 times per year) $ 200.00 $ 2400.00 $ 0% $ 2400.00 3-IRRIGATION(12 times per year) $ /50.00 $ /,.00.00 $ 0% $ /,.00.00 4-MULCHING(1 time per year) $ 600.00 $ 600.00 $ 0% $ 600.00 5-TURF FERTILIZATION(2 times per year) $ /00.00 $ 200.00 $ 0% $ 200.00 6-TREE FERTILIZATION(2 times per year) $ /00.00 $ 200.00 $ 0% $ 200.00 7-PALM FERTILIZATION(2 times per year) $ /00.00 $ 200.00 $ 0% $ 200.00 8-SHRUB FERTILIZATION(2 times per year) $ /00.00 $ 200.00 $ 0% $ 200.00 PF/SW/004 Fire Station#2 @ 2615 West Woolbright Road 1 -BASIC MAINTENANCE(39 times per year) $ 50.00 $ /,950.00 $ 0% $ /,950.00 2-PRUNING(12 times per year) $ 4200 $ 504.00 $ 0% $ 504.00 3-IRRIGATION(12 times per year) $ 60.00 $ 720.00 $ 0% $ 720.00 4-MULCHING(1 time per year) $ 5,340.00 $ 5,340.00 $ 0% $ 5,340.00 5-TURF FERTILIZATION(2 times per year) $ 210.00 $ 420.00 $ 0% $ 420.00 6-TREE FERTILIZATION(2 times per year) $ 35.00 $ 70.00 $ 0% $ 70.00 7-PALM FERTILIZATION(2 times per year) $ 110.00 $ 220.00 $ 0% $ 220.00 8-SHRUB FERTILIZATION(2 times per year) $ /05.00 $ 2/0.00 $ 0% $ 2/0.00 PF/SW/008 Little League Park(Excluding the Ballfields)@ 300 SW 15th Avenue(Details and Hedge Line) 1 -BASIC MAINTENANCE(39 times per year) $ /.0.00 $ 7.020.00 $ 0% $ 7.020.00 2-PRUNING(12 times per year) $ /65.00 $ /,9.0.00 $ 0% $ /,9.0.00 3-IRRIGATION(12 times per ear $ /00.00 $ 1200.00 $ 0% $ 1200.00 4-MULCHING(1 time per year) $ 800 00 $ 800 00 $ 0% $ 800 00 5-TURF FERTILIZATION 2 times per ear $ 495.00 $ 990.00 $ 0% $ 990.00 6-TREE FERTILIZATION(2 times per year) $ /20.00 $ 240.00 $ 0% $ 240.00 7-PALM FERTILIZATION 2 times per ear $ /20.00 $ 240.00 $ 0% $ 240.00 8-SHRUB FERTILIZATION(2 times per year) $ 495.00 $ 990.00 $ 0% $ 990.00 PF/SW/009 Police Substation(Old Fire Station#2)@ 2210 South Congress Avenue 1 -BASIC MAINTENANCE(39 times per year) $ 25.00 $ 975.00 $ 0% $ 975.00 2-PRUNING(12 times per year) $ 35.00 $ 420.00 $ 0% $ 420.00 3-IRRIGATION(12 times per year) N/A N/A 4-MULCHING(1 time per year) $ 500.00 $ 500.00 $ 0% $ 500.00 5-TURF FERTILIZATION(2 times per year) $ 60.00 $ /20.00 $ 0% $ /20.00 6-TREE FERTILIZATION(2 times per year) $ 10.00 $ 20.00 $ 0% $ 20.00 7-PALM FERTILIZATION(2 times per year) $ 25.00 $ 50.00 $ 0% $ 50.00 8-SHRUBFERTILIZATION(2 times per year) $ /05.00 $ 2/0.00 $ 0% $ 2/0.00 Page 618 of 972 A B C D I E G H WORK COMPLETED TOTAL ITEM DESCRIPTION COSTPER SCHEDULED FROM PREVIOUS THIS COMPLETED % BALANCE NUMBER OF SERVICE VALUE INVOICES PERIOD TO DATE O/C) TO FINISH WORK (D+E) (C G) FP/NW/001 Meadows-Nautica Sound Park;see map 1 -BASIC MAINTENANCE(26 times per year) $ 250.00 $ 6500.00 $ o% $ 6,500.00 FP/NW/022 Old Landfill(PCN 00-43-45-11-00-000-5020)34 acres West of Military Trail,north of LeChalet off of Haverhill Extension 1 -BASIC MAINTENANCE(12 times per year) $ 950.00 1$ 1,400.00 $ o% $ 1,400.00 FP/SW/002 Girl Scout Park(195&Chapelhill Drive;entrance off of Sunset);see map 1 -BASIC MAINTENANCE(18 times per year) $ 100.00 1$ 1,800.00 $ o% $ 1,800.00 FP/SW/003 Woolbright Place(Lshaped Lot on SW 1 at Court off of SW 8th Street);see map 1 -BASIC MAINTENANCE(12 times per year) $ /25.00 $ /,500.00 $ o% $ /,500.00 Boynton Beach Extension(two times a week(Monday&Thursday or Friday)(Blow off,Pick up Fronds,Debris,Empty all Trash Misc/004 Cans) 1 -BASIC MAINTENANCE(104 times per year) $ 50.00 1$ 5200.00 1 $ o% $ 5200.00 Model Block&MILK(three times a week)(Federal west to NW let Street)(Trash and Litter,Monday,Wednesday,Friday.(See map Misc/005 for location perimeters) 1 -BASIC MAINTENANCE(156 times per year) $ 50.00 1$ 7,800.00 $ 0%.$ 7,800.00 Bus Stops(34 total)Monday and Friday(Pickup trash within 15'of bus stop)(Empty all trash cans)(See map for location Misc/006 perimeters) 1 -BASIC MAINTENANCE(104 times per year) $ 410.00 1$ 42640.00 1 $ o% $ 42640.00 1-95 Woolbright,Boynton Beach Blvd,and Gateway)(1st week of every month)(Includes back of guardrail plus 2')(See map for Misc/007 location perimeters) 1 -BASIC MAINTENANCE $ 400.00 1$ 4,800.00 $ 0%.$ 4,800.00 Misc/007 PARK TRASH RUN(three times a week)(Knollwood,Intracoastal,Jaycee,Meadows,Barrier Free,Oceanfront)(Empty all cans) 1 -BASIC MAINTENANCE(156 times per year) $ 300.00 $ 46,800.OTO $ o% $ 46,800.00 Misc/007 MODEL BLOCKAND MILK MAINTENANCE 1 -BASIC MAINTENANCE(39 times per year) $ 225.00 $ 8,775.00 $ o% $ 8,7/5.00 2-PRUNING(12 times per year) $ 45.00 $ 540.00 $ o% $ 540.00 3-IRRIGATION(12 times per year) $ 65.00 $ 780.00 $ o% $ 780.00 4-MULCHING 1 time per ear $ 2500.00 $ 2500.00 $ o% $ 2500.00 5-TURF FERTILIZATION(2 times per year) $ /05.00 $ 2/0.00 $ o% $ 2/0.00 6-TREE FERTILIZATION 2 times per ear $ 25.00 $ 50.00 $ o% $ 50.00 7-PALM FERTILIZATION(2 times per year) $ 25.00 $ 50.00 $ o% $ 50.00 8-SHRUB FERTILIZATION 2 times per ear $ 25.00 $ 50.00 $ o% $ 50.00 Nis MMI QUANTUM DISTRICT(GROUP TOTAL) 1 -BASIC MAINTENANCE(39 times per year) $ /00.00 $ 3,900.00 $ o% $ 3,goo .00 2-PRUNING(12 times per year) $ /20.00 $ /,440.00 $ o% $ /,440.00 3-IRRIGATION(12 times per year) N/A N/A 4-MULCHING(1 time per year) $ 800.00 $ 800.00 $ o% $ 800.00 5-TURF FERTILIZATION(2 times per year) $ 35.00 $ 70.00 $ 0% $ 70.00 6-TREE FERTILIZATION(2 times per year) $ 10.00 $ 20.00 $ o% $ 20.00 7-PALM FERTILIZATION(2 times per year) $ 10.00 $ 20.00 $ o% $ 20.00 8-SHRUB FERTILIZATION(2 times per year) $ 5.00 $ 10.00 $ o% $ 10.00 9 One-Time Cleanup $ 600.00 $ 600.00 $ o% $ 600.00 VARIOUS ADDITIONAL SERVICES $ 1 1$ 1 0%1$ Temp.Sara Sims Trash Run(3x/wk) Is 50.00 a s Page 619 of 972 A B C D I E G H WORK COMPLETED TOTAL ITEM DESCRIPTION COSTPER SCHEDULED FROM PREVIOUS THIS COMPLETED % BALANCE NUMBER OF SERVICE VALUE INVOICES PERIOD TO DATE O/C) TO FINISH WORK (D+E) (C G) im gloom E PF/SE/003 Edward Harmening Arbor Park @ South Seacrest Blvd&Woolbright Road 1 -BASIC MAINTENANCE(39 times per year) $ 20.00 $ 780.00 $ 0% $ 780.00 2-PRUNING(12 times per year) $ T7.00 $ 204.00 $ 0% $ 204.00 3-IRRIGATION(12 times per ear $ 25.00 $ 300.00 $ 0%.$ 300.00 4-MULCHING(1 time per year) $ 300.00 $ 300.00 $ 0% $ 300.00 5-TURF FERTILIZATION(2 times per ear $ 75.00 $ /50.00 $ 0% $ /50.00 6-TREE FERTILIZATION(2 times per year) $ 20.00 $ 40.00 $ 0% $ 40.00 7-PALM FERTILIZATION(2 times per ear $ 50.00 $ /00.00 $ 0% $ /00.00 8-SHRUB FERTILIZATION(2 times per year) $ 50.00 $ /00.00 $ 0% $ /00.00 FP/NW/002 Nickels Road Park;see map 1 -BASIC MAINTENANCE(12 times per year) $ 115.00 $ /,380.00 $ 0% $ /,380.00 FP/NW/003 Quantum Park;see map 1 -BASIC MAINTENANCE(12 times per year) $ 300.00 $ 3,600.00 $ 0% $ 3,600.00 FP/SW/004 Parcel west of Fire Station#2 1 -BASIC MAINTENANCE(12 times per year) $ 80.50 $ 966.00 $ 0% $ 966.00 TOTALI $ 208 274.00 0% 208 274.00 Page 620 of 972 INVOICE FOR PAYMENT VINCENT AND SONS INVOICE NUMBER. INVOICE DATE. PERIOD-FROM. TO. PROJECT NO A B C D E G WORK COMPLETED TOTAL ITEM DESCRIPTION COST PER FREQUENCY SCHEDULED FROM PREVIOUS THIS COMPLETED % BALANCE NUMBER OF SERVICE OF SERIVCE VALUE APPLICATION PERIOD TO DATE (G/C) TO FINISH WORK (D,E) (CG) PF/NE/005 DEMONSTRATION GARDEN 1 -BASIC MAINTENANCE(26 times per year) $ 30.00 26 $ 780.00 0 0% $ 780.00 2-PRUNING(12 times per year) $ 30.00 12 $ 360.00 0 0% $ 360.00 3-IRRIGATION(12 times per year) $ 15.00 12 $ 180.00 0 0% $ 180.00 4-MULCHING(1 time per year) $ 250.00 1 $ 250.00 0 0i $ 250.00 5-TURF FERTILIZATION(as directed) $ 3 oo 0 $ o #DIV/01 $ 6-TREE FERTILIZATION(as directed) $ 3.00 0 $ o #DIV/01 $ 7-PALM FERTILIZATION(as directed) $ 3 oo 0 $ o #DIV/01 $ 8-SHRUB FERTILIZATION(as directed) $ 3.00 0 $ o #DIV/01 $ PF/NE/007 KIWANIS-SIERRA PARK 1 -BASIC MAINTENANCE(39 times per year) $ 30.00 39 $ 1,170.00 0 0% $ 1,170.00 2-PRUNING(12 times per year) $ 2.00 12 $ 24.00 0 0% $ 24.00 3-IRRIGATION(12 times per year) $ 22.00 12 $ 264.00 0 0% $ 264.00 4-MULCHING(1 time per year) $ 100.00 1 $ 100.00 0 0% $ 100.00 5-TURF FERTILIZATION(as directed) $ 1.00 0 $ o #DIV/01 $ 6-TREE FERTILIZATION(as directed) $ 1.00 0 $ o #DIV/01 $ 7-PALM FERTILIZATION(as directed) $ 1 oo 0 $ o #DIV/01 $ 8-SHRUB FERTILIZATION(as directed) $ 1.00 0 $ o #DIV/01 $ PF/NE/013 PALMETTO GREENS PARK-EAST 1 -BASIC MAINTENANCE(39 times per year) $ 30.00 39 $ 1,170.00 0 0% $ 1,170.00 2-PRUNING(12 times per year) $ 200.00 12 $ 2,400.00 0 0% $ 2,400.00 3-IRRIGATION(12 times per year) $ 150.00 12 $ 1,800.00 0 0% $ 1,800.00 4-MULCHING(1 time per year) $ 600.00 1 $ 600.00 0 0% $ 600.00 5-TURF FERTILIZATION(as directed) $ 1 oo oo 0 $ o #DIV/01 $ 6-TREE FERTILIZATION(as directed) $ 100.00 0 $ o #DIV/01 $ 7-PALM FERTILIZATION(as directed) $ 1oo oo 0 $ o #DIV/01 $ 8-SHRUB FERTILIZATION(as directed) $ 100.00 0 $ o #DIV/01 $ Page 621 of 972 PF/NE/015 DEWEY PARK 1 -BASIC MAINTENANCE(39 times per year) $ 36.00 39 $ 1,404.00 0 0% $ 1,404.00 2-PRUNING(12 times per year) $ 69.00 12 $ 828.00 0 0% $ 828.00 3-IRRIGATION(12 times per year) $ 35.00 12 $ 420.00 0 0% $ 420.00 4-MULCHING(1 time per year) $ 225.00 1 $ 225.00 0 0% $ 225.00 5-TURF FERTILIZATION(as directed) $ 10.00 0 $ o #DIV/01 $ 6-TREE FERTILIZATION(as directed) $ 10 00 0 $ o #DIV/01 $ 7-PALM FERTILIZATION(as directed) $ 10.00 0 $ o #DIV/01 $ 8-SHRUB FERTILIZATION(as directed) $ 10.00 0 $ o #DIV/01 $ PF/NW/010 MEADOWS PARK 1 -BASIC MAINTENANCE(39 times per year) $ 420.00 39 $ 16,380.00 0 0% $ 16,380.00 2-PRUNING(12 times per year) $ 360.00 12 $ 4,320.00 0 0% $ 4,320.00 3-IRRIGATION(12 times per year) $ 25.00 12 $ 300.00 0 0% $ 300.00 4-MULCHING(1 time per year) $ 2,300.00 1 $ 2,300.00 0 0% $ 2,300.00 5-TURF FERTILIZATION(as directed) $ 600.00 0 $ o #DIV/01 $ 6-TREE FERTILIZATION(as directed) $ 100 00 0 $ o #DIV/01 $ 7-PALM FERTILIZATION(as directed) $ 100.00 0 $ o #DIV/01 $ 8-SHRUB FERTILIZATION(as directed) $ 100 00 0 $ o #DIV/01 $ PF/NW/015 Sara Sims Park @ 234 NW 9th Avenue 1 -BASIC MAINTENANCE(39 times per year) $ 800.00 39 $ 31,200.00 0 0% $ 31,200.00 2-PRUNING(12 times per year) $ 225.00 12 $ 2,700.00 0 0% $ 2,700.00 3-IRRIGATION(12 times per year) $ 225.00 12 $ 2,700.00 0 0% $ 2,700.00 4-MULCHING(1 time per year) $ 2,500.00 1 $ 2,500.00 0 0% $ 2,500.00 5-TURF FERTILIZATION(as directed) $ 1,020.00 0 $ o #DIV/01 $ 6-TREE FERTILIZATION(as directed) $ 425 00 0 $ o #DIV/01 $ 7-PALM FERTILIZATION(as directed) $ 425.00 0 $ o #DIV/01 $ 8-SHRUB FERTILIZATION(as directed) $ 255 00 0 $ o #DIV/01 $ PF/SW/007 Hibiscus Park @ 660 SW 1st Avenue 1 -BASIC MAINTENANCE(39 times per year) $ 40.00 39 $ 1,560.00 0 0% $ 1,560.00 2-PRUNING(12 times per year) $ 10.00 12 $ 120.00 0 0% $ 120.00 3-IRRIGATION(12 times per year) $ 60.00 12 $ 720.00 0 0% $ 720.00 4-MULCHING(1 time per year) $ 400.00 1 $ 400.00 0 0% $ 400.00 5-TURF FERTILIZATION(as directed) $ 10.00 0 $ o #DIV/01 $ 6-TREE FERTILIZATION(as directed) $ 10 00 0 $ o #DIV/01 $ 7-PALM FERTILIZATION(as directed) $ 10.00 0 $ o #DIV/01 $ 8-SHRUB FERTILIZATION(as directed) $ 10.00 0 $ 01 #DIV/01 $ Page 622 of 972 North Federal Highway Medians(NF-1 thru NF-21)&ROWs TOTAL 1 -BASIC MAINTENANCE(50 times per year) $ 710.00 50 $ 35,500.00 0 0% $ 35,500.00 2-PRUNING(12 times per year) $ 2,269.00 12 $ 27,228.00 0 0% $ 27,228.00 3-IRRIGATION(12 times per year) $ 910.00 12 $ 10,920.00 0 0% $ 10,920.00 4-MULCHING(1 time per year) $ 10,310.00 1 $ 10,310.00 0 0% $ 10,310.00 5-TURF FERTILIZATION(2 times per year) $ 0.23 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 46.00 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 46.00 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 184.00 0 $ 0 #oivi01 $ Gateway Blvd.Median&ROWs(GWB-1 thru GWB-24)TOTAL 1 -BASIC MAINTENANCE(50 times per year) $ 680.00 50 $ 34,000.00 0 0% $ 34,000.00 2-PRUNING(12 times per year) $ 711 00 12 $ 8,532.00 0 0% $ 8,532.00 3-IRRIGATION(12 times per year) $ 187.00 12 $ 2,244.00 0 0% $ 2,244.00 4-MULCHING(1 time per year) $ 2,587.00 1 $ 2,587.00 0 0% $ 2,587.00 5-TURF FERTILIZATION(2 times per year) $ 68.50 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 28.01 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 13.01 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 13.00 0 $ 0 #oivi01 $ Boynton Beach Blvd Medians(1313-1 thru 1313-20)TOTAL 1 -BASIC MAINTENANCE(50 times per year) $ 600.00 50 $ 30,000.00 0 0% $ 30,000.00 2-PRUNING(12 times per year) $ 1,180.00 12 $ 14,160.00 0 0% $ 14,160.00 3-IRRIGATION(12 times per year) $ 256.00 12 $ 3,072.00 0 0% $ 3,072.00 4-MULCHING(1 time per year) $ 2,910.00 1 $ 2,910.00 0 0% $ 2,910.00 5-TURF FERTILIZATION(2 times per year) $ 16.62 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 1960. 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 21.60 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 14.60 0 $ 0 #oivi01 $ East Ocean Ave.ROWS&Medians(OA-2 thru OA-7)TOTAL 1 -BASIC MAINTENANCE(26 times per year) $ 245.00 26 $ 6,370.00 0 0% $ 6,370.00 2-PRUNING(12 times per year) $ 570.00 12 $ 6,840.00 0 0% $ 6,840.00 3-IRRIGATION(12 times per year) $ 200.00 12 $ 2,400.00 0 0% $ 2,400.00 4-MULCHING(1 time per year) $ 1,440.00 1 $ 1,440.00 0 0% $ 1,440.00 5-TURF FERTILIZATION(2 times per year) $ 30.00 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 30.00 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 30.00 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 30.00 0 $ 0 #oivi01 $ Seacrest Medians&ROWs TOTAL 1 -BASIC MAINTENANCE(50 times per year) $ 1,115.00 50 $ 55,750.00 0 0% $ 55,750.00 2-PRUNING(12 times per year) $ 1,832.00 12 $ 21,984.00 0 0% $ 21,984.00 3-IRRIGATION(12 times per year) $ 606.00 12 $ 7,272.00 0 0% $ 7,272.00 4-MULCHING(1 time per year) $ 5,855.00 1 $ 5,855.00 0 0% $ 5,855.00 5-TURF FERTILIZATION(2 times per year) $ 185.13 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 172.07 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 355.04 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 659.04 0 $ 0 #oivi01 $ Page 623 of 972 Circle Islands(CI-2 thru CI-9)TOTAL 1 -BASIC MAINTENANCE(26 times per year) $ 90.00 26 $ 2,340.00 0 0% $ 2,340.00 2-PRUNING(12 times per year) $ 690.00 12 $ 8,280.00 0 0% $ 8,280.00 3-IRRIGATION(12 times per year) $ 160.00 12 $ 1,920.00 0 0% $ 1,920.00 4-MULCHING(1 time per year) $ 1,290.00 1 $ 1,290.00 0 0% $ 1,290.00 5-TURF FERTILIZATION(2 times per year) $ 0.06 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 32.02 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 22.00 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 100.02 0 $ 0 #oivi01 $ North Congress Avenue Medians(NC-1 thru NC-23)to the outer curb edge 1 -BASIC MAINTENANCE(50 times per year) $ 130.00 50 $ 6,500.00 0 0% $ 6,500.00 2-PRUNING(12 times per year) $ 720.00 12 $ 8,640.00 0 0% $ 8,640.00 3-IRRIGATION(12 times per year) $ 300.00 12 $ 3,600.00 0 0% $ 3,600.00 4-MULCHING(1 time per year) $ 2,880.00 1 $ 2,880.00 0 0% $ 2,880.00 5-TURF FERTILIZATION(2 times per year) $ 0.12 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 60.00 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 60.00 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 120.00 0 $ 0 #oivi01 $ Hypoluxo Road Medians(HR-11 thru HR-16)TOTAL 1 -BASIC MAINTENANCE(26 times per year) $ 120.00 26 $ 3,120.00 0 0% $ 3,120.00 2-PRUNING(12 times per year) $ 2.00 12 $ 24.00 0 0% $ 24.00 3-IRRIGATION(12 times per year) $ 1.00 12 $ 12.00 0 0% $ 12.00 4-MULCHING(1 time per year) $ 100.00 1 $ 100.00 0 0% $ 100.00 5-TURF FERTILIZATION(2 times per year) $ 2.00 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 10.00 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 10.00 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 2.00 0 $ 0 #oivi01 $ Knuth Road ROWS(KR-1 thru KR-4)TOTAL 1 -BASIC MAINTENANCE(26 times per year) $ 110.00 26 $ 2,860.00 0 0% $ 2,860.00 2-PRUNING(12 times per year) $ 20.00 12 $ 240.00 0 0% $ 240.00 3-IRRIGATION(12 times per year) $ 12 $ 4-MULCHING(1 time per year) $ 1 $ 5-TURF FERTILIZATION(2 times per year) $ 2.00 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 2.00 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 2.00 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 1.00 0 $ 0 #oivi01 $ Page 624 of 972 South Federal Highway Medians(SF-1 thru SF-26)&ROWs TOTAL 1 -BASIC MAINTENANCE(50 times per year) $ 452.00 50 $ 22,600.00 0 0% $ 22,600.00 2-PRUNING(12 times per year) $ 2,427.00 12 $ 29,124.00 0 0% $ 29,124.00 3-IRRIGATION(12 times per year) $ 477.00 12 $ 5,724.00 0 0% $ 5,724.00 4-MULCHING(1 time per year) $ 6,382.00 1 $ 6,382.00 0 0% $ 6,382.00 5-TURF FERTILIZATION(2 times per year) $ 425 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 212.02 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 201.02 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 241.02 0 $ 0 #oivi01 $ SE 4th Street Medians&ROWs SEA thru SE-9 TOTAL 1 -BASIC MAINTENANCE(26 times per year) $ 52.50 26 $ 1,365.00 0 0% $ 1,365.00 2-PRUNING(12 times per year) $ 360.00 12 $ 4,320.00 0 0% $ 4,320.00 3-IRRIGATION(12 times per year) $ 150.00 12 $ 1,800.00 0 0% $ 1,800.00 4-MULCHING(1 time per year) $ 840.00 1 $ 840.00 0 0% $ 840.00 5-TURF FERTILIZATION(2 times per year) $ 0.05 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 50.00 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 50.00 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 25.00 0 $ 0 #oivi01 $ South Congress Avenue Medians(SC-1 thru SC-19)TOTAL 1 -BASIC MAINTENANCE(50 times per year) $ 630.00 50 $ 31,500.00 0 0% $ 31,500.00 2-PRUNING(12 times per year) $ 802.00 12 $ 9,624.00 0 0% $ 9,624.00 3-IRRIGATION(12 times per year) $ 480.00 12 $ 5,760.00 0 0% $ 5,760.00 4-MULCHING(1 time per year) $ 3,800.00 1 $ 3,800.00 0 0% $ 3,800.00 5-TURF FERTILIZATION(2 times per year) $ 461.00 0 $ 0 #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 151.00 0 $ 0 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 114.00 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 128.00 0 $ 0 #oivi01 $ Woolbright Road Medians(WR-1 thru WR-10)TOTAL 1 -BASIC MAINTENANCE(50 times per year) $ 330.00 50 $ 16,500.00 0 0% $ 16,500.00 2-PRUNING(12 times per year) $ 450.00 12 $ 5,400.00 0 0% $ 5,400.00 3-IRRIGATION(12 times per year) $ 333.00 12 $ 3,996.00 0 0% $ 3,996.00 4-MULCHING(1 time per year) $ 900.00 1 $ 900.00 0 0% $ 900.00 5-TURF FERTILIZATION(2 times per year) $ 240.00 0 $ o #oivi01 $ 6-TREE FERTILIZATION(2 times per year) $ 30.00 0 $ 01 #oivi01 $ 7-PALM FERTILIZATION(2 times per year) $ 90.00 0 $ 0 #oivi01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 30.00 0 $ o #oivi01 $ Page 625 of 972 LT/NE/008 LOT east of 339 East Martin Luther King Jr.Blvd./NE 10th Avenue(PCN 08-43-45-21-27-001-0090) 1 -BASIC MAINTENANCE(12 times per year) $ 30.00 12 $ 360.00 0 0% $ 360.00 2-PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 LT/NE/012 Animal Shelter Site @ 415 NE 4th Street 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 18 $ 540.00 0 0% $ 540.00 LT/NW/028 Lot on NW 1st St 1204 NW 1stSt(PCN 08-43-45-21-17-003-0050) 1 -BASIC MAINTENANCE(12 times per year) $ 30.00 12 $ 360.00 0 0% $ 360.00 2-PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 LT/SW/001 LOT on SW 3rd Avenue just west of 730 SW 3rd Avenue(PCN 08-43-45-29-01-020-0071) 1 -BASIC MAINTENANCE(12 times per year) $ 30.00 12 $ 360.00 0 0i $ 360.00 2-PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 LT/SW/005 Lot East of 566 W.Ocean Ave. 1 -BASIC MAINTENANCE(12 times per year) $ 30.00 12 $ 360.00 0 0% $ 360.00 2-PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 31 Misc/002 Clinic,1620 S.Seacrest Blvd.(Once a month) 1 -BASIC MAINTENANCE(12 times per year) $ 40.00 12 $ 480.00 0 0% $ 480.00 2-PRUNING(12 times per year) $ 200.00 12 $ 2,400.00 0 0% $ 2,400.00 3-IRRIGATION(12 times per year) $ 60.00 12 $ 720.00 0 0% $ 720.00 4-MULCHING(1 time per year) $ 750.00 1 $ 750.00 0 0% $ 750.00 5-TURF FERTILIZATION(2 times per year) $ 0.01 0 $ 01 #DIV/01 $ 6-TREE FERTILIZATION(2 times per year) $ 50.00 0 $ o #DIV/01 $ 7-PALM FERTILIZATION(2 times per year) $ 20.00 0 $ o #DIV/01 $ 8-SHRUB FERTILIZATION(2 times per year) $ 20.00 0 $ o #DIV/01 $ Misc/003 Boynton Memorial Cemetery&Mausoleum-Entrance Median(Once a month) 1 -BASIC MAINTENANCE(12 times per year) $ 40.00 12 $ 480.00 0 0% $ 480.00 2-PRUNING(12 times per year) $ 125.00 12 $ 1,500.00 0 0% $ 1,500.00 3-IRRIGATION(12 times per year) $ 12 $ 4-MULCHING(1 time per year) $ 500.00 1 $ 500.00 0 0% $ 500.00 5-TURF FERTILIZATION(2 times per year) 0 $ o #DIV/01 $ 6-TREE FERTILIZATION(2 times per year) $ 100.00 0 $ o #DIV/01 $ 7-PALM FERTILIZATION(2 times per year) $ 250.00 0 $ o #DIV/01 $ 81-SHRUB FERTILIZATION(2 times per year) $ 100.00 0 $ o #DIV/01 $ k' } VARIOUS ADDITIONAL SERVICES $ o $ h Entrance area of the East SIF-5 ROW at Greenbriar Drive&7th Street:see map -BASIC MAINTENANCE(26 times per year) $ 12.00 26 $ 312.00 0 0% $ 312.00 -PRUNING(12 times per year) $ 60.00 12 $ 720.00 0 0% $ 720.00 -IRRIGATION(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 -MULCHING(1 time per year) $ 100.00 1 $ 100.00 0 0% $ 100.00 Gulfstream Blvd Medians GSB-1 thru GSB-6&ROW's to the outer curb edge of Gulfstream Blvd on the North Side -BASIC MAINTENANCE(26 times per year) $ 70.00 26 $ 1,820.00 0 0% $ 1,820.00 -PRUNING(12 times per year) $ 360.00 12 $ 4,320.00 0 0% $ 4,320.00 -IRRIGATION(12 times per year) $ 100.00 12 $ 1,200.00 0 0% $ 1,200.00 -MULCHING(1 time per year) $ 600.00 1 $ 600.00 0 0% $ 600.00 West ROW on SE 2nd Street from SE 23rd Avenue/Golf Road to SE 26th Avenue -BASIC MAINTENANCE(12 times per year) $ 60.00 12 $ 720.00 0 0% $ 720.00 -PRUNING(12 times per year) $ 1.00 12 $ 12.00 0 0% $ 12.00 -IRRIGATION(12 times per year) $ 1.00 12 $ 12.00 0 0i $ 12.00 -MULCHING(1 time per year) $ 1.00 1 $ 1.00 0 0i $ 1.00 Page 626 of 972 West side ROW on Old Dixie Highway from North Sunset Road to Gulfstream Blvd -BASIC MAINTENANCE(26 times per year) $ 60.00 26 $ 1,560.00 0 0% $ 1,560.00 -PRUNING(12 times per year) $ 1.00 0 $ o #DIV/01 $ -IRRIGATION(12 times per year) $ 1.00 0 $ o #DIV/01 $ -MULCHING(1 time per year) $ 1.00 0 $ o #DIV/01 $ SW 25th Place Medians SW25PL-1 thru SW25PL-3(Gulfview Harbour off of S Congress Ave) -BASIC MAINTENANCE(26 times per year) $ 30.00 26 $ 780.00 0 of $ 780.00 -PRUNING(12 times per year) $ 12 $ o #DIV/01 $ -IRRIGATION(12 times per year) $ 12 $ o #DIV/01 $ -MULCHING(1 time per year) $ 211.00 1 $ 21100 0 0% $ 211.00 SW 27th Avenue Medians SW27AV-1 thru SW27AV-3(Gulfview Harbor off os S Congress Ave) -BASIC MAINTENANCE(26 times per year) $ 30.00 26 $ 780.00 0 0% $ 780.00 -PRUNING(12 times per year) $ 12 $ o #DIV/01 $ -IRRIGATION(12 times per year) $ 12 $ o #DIV/01 $ -MULCHING(1 time per year) $ 211.00 1 $ 21100 0 0% $ 211.00 ROW on North side of Palmland Drive -BASIC MAINTENANCE(18 times per year) $ 30.00 18 $ 540.00 0 0% $ 540.00 -PRUNING(12 times per year) $ 1.00 12 $ 12.00 0 0% $ 12.00 -IRRIGATION(12 times per year) $ 12 $ o #DIV/01 $ -MULCHING(1 time per year) $ 1 $ o #DIV/01 $ NW 12th Ave Medians(NW12-1&NW12-2) -BASIC MAINTENANCE(12 times per year) $ 15.00 12 $ 180 00 F 0 0% $ 180.00 -PRUNING(12 times per year) $ 25.00 0 $ o #DIV/01 $ -IRRIGATION(12 times per year) $ 0 $ o #DIV/01 $ -MULCHING(1 time per year) $ 45.00 0 $ o #DIV/01 $ NW 13th Ave Medians(NW13-1&NW13-2) -BASIC MAINTENANCE(12 times per year) $ 15.00 12 $ 180.00 0 0% $ 180.00 -PRUNING(12 times per year) $ 25.00 0 $ o #DIV/01 $ -IRRIGATION(12 times per year) $ 0 $ o #DIV/01 $ -MULCHING(1 time per year) $ 45.00 0 $ o #DIV/01 $ ROW north side of SW 23rd Ave/Golf Road at SW 3rd Street -BASIC MAINTENANCE(12 times per year) $ 45.00 12 $ 540.00 0 0% $ 540.00 -PRUNING(12 times per year) $ 1.00 0 $ o #DIV/01 $ -IRRIGATION(12 times per year) $ 0 $ o #DIV/01 $ -MULCHING(1 time per year) $ 0 $ o #DIV/01 $ Ridgewood Estates Median&ROW's along south side of SW 23rd Ave/Golf Rd south to SW 23rd Terrace(extra wide area) -BASIC MAINTENANCE(26 times per year) $ 180.00 26 $ 4,680.00 F 0% $ 4,680.00 -PRUNING(12 times per year) $ 75.00 12 $ 900.00 0 0% $ 900.00 -IRRIGATION(12 times per year) $ 60.00 12 $ 720.00 0 0% $ 720.00 -MULCHING(1 time per year) $ 125.00 0 $ o #DIV/01 $ Chapel Hill Blvd,Entrance/Medians CHB-1 thru CHB-6 -BASIC MAINTENANCE(26 times per year) $ 230.00 26 $ 5,980.00 0 0% $ 5,980.00 -PRUNING(6 times per year) $ 150.00 6 $ 900.00 0 0% $ 900.00 -IRRIGATION(12 times per year) $ 60.00 12 $ 720.00 0 0% $ 720.00 -MULCHING(1 time per year) $ 600.00 0 $ o #DIV/01 $ ROW along 195 wall/SW 4th Street from Sw 4th Avenue to SW 10th Avenue -BASIC MAINTENANCE(12 times per year) $ 180.00 12 $ 2,160.00 0 0% $ 2,160.00 -PRUNING(12 times per year) $ 1.00 0 $ o #DIV/01 $ -IRRIGATION(12 times per year) $ 0 $ o #DIV/01 $ -MULCHING(1 time per year) $ 0 $ o #DIV/01 $ ROW's on Northside of NE 26th Ave between NE 3rd Street&NE 4th Street -BASIC MAINTENANCE(26 times per year) $ 25.00 26 $ 650.00 0 0% $ 650.00 -PRUNING(12 times per year) $ 120.00 12 $ 1,440.00 0 0% $ 1,440.00 -IRRIGATION(12 times per year) $ 1.00 0 $ o #DIV/01 $ -MULCHING(1 time per year) $ 100.00 0 $ o #DIV/01 $ Rolling Green School Parking Lot&ROW's on NE 26th Avenue near NE 3rd Court -BASIC MAINTENANCE(50 times per year) $ 80.00 50 $ 4,000.00 0 0% $ 4,000.00 -PRUNING(12 times per year) $ 65.00 12 $ 780.00 0 0% $ 780.00 -IRRIGATION(12 times per year) $ 40.00 12 $ 480.00 0 0% $ 480.00 -MULCHING(1 time per year) $ 250.00 0 $ o #DIV/01 $ Ocean Parkway Medians OP-1 thru OP-7 -BASIC MAINTENANCE(26 times per year) $ 80.00 26 $ 2,080.00 0 0% $ 2,080.00 -PRUNING(12 times per year) $ 280.00 12 $ 3,360.00 0 0% $ 3,360.00 -IRRIGATION(12 times per year) $ 140.00 12 $ 1,680.00 0 0i $ 1,680.00 -MULCHING(1 time per year) $ 1,400.00 0 $ o #oiv101 $ Page 627 of 972 ROW along 195 Corridor between Arthur Court&South Atlantic Drive West -BASIC MAINTENANCE(26 times per year) $ 65.00 26 $ 1,690.00 0 0% $ 1,690.00 -PRUNING(12 times per year) $ 12 $ 0 #DIV/01 $ -IRRIGATION(12 times per year) $ 12 $ 0 #DIV/01 $ -MULCHING(1 time per year) $ 0 $ 0 #DIV/01 $ NW 17th Ave Medians(NW17-1 thru NW17-6)including ROW on the north side of the road -BASIC MAINTENANCE(26 times per year) $ 80.00 26 $ 2,080.00 0 0% $ 2,080.00 -PRUNING(12 times per year) $ 480.00 12 $ 5,760.00 0 0% $ 5,760.00 -IRRIGATION(12 times per year) $ 140.00 12 $ 1,680.00 0 0% $ 1,680.00 -MULCHING(1 time per year) $ 1,680.00 0 $ 0 #DIV/01 $ Seacrest Court Median off of North Seacrest Blvd -BASIC MAINTENANCE(26 times per year) $ 15.00 26 $ 390.00 0 0% $ 390.00 -PRUNING(12 times per year) $ 80.00 12 $ 960.00 0 09/, $ 960.00 -IRRIGATION(12 times per year) $ 15.00 12 $ 180.00 0 0% $ 180.00 -MULCHING(1 time per year) $ 500.00 0 $ 0 #DIV/01 $ Hibiscus Median at the Intersection of SW 2nd Ave,West Ocean Ave&SW 7th Street -BASIC MAINTENANCE(26 times per year) $ 15.00 26 $ 390.00 0 0% $ 390.00 -PRUNING(12 times per year) $ 100.00 12 $ 1,200.00 0 0% $ 1,200.00 -IRRIGATION(12 times per year) $ 10.00 12 $ 120.00 0 0i $ 120.00 -MULCHING(1 time per year) $ 150.00 0 $ 0 #DIV/01 $ Railroad Avenue east ROW from Road Edge&Grand Rail back 15 feet(C16 Canal south to Boynton Bch Blvd) -BASIC MAINTENANCE(12 times per year) $ 200.00 12 $ 2,400.00 0 0% $ 2,400.00 -PRUNING(12 times per year) $ 100.00 12 $ 1,200.00 0 0% $ 1,200.00 -IRRIGATION(12 times per year) $ 1.00 0 $ 0 #DIV/01 $ -MULCHING(1 time per year) $ 100.00 0 $ 0 #DIV/01 $ Winchester Park Blvd Paved Median WPB1 thru WPB3 -BASIC MAINTENANCE(12 times per year) $ 15.00 12 $ 180.00 0 0% $ 180.00 -PRUNING(12 times per year) $ 0 $ 0 #DIV/01 $ -IRRIGATION(12 times per year) $ 0 $ 0 #DIV/01 $ -MULCHING(1 time per year) $ 0 $ 0 #DIV/01 $ ROW on West Industrial Ave/West Side(Work needs to be completed during non-business hours,Saturday) -BASIC MAINTENANCE(26 times per year) $ 125.00 26 $ 3,250.00 0 0% $ 3,250.00 -PRUNING(12 times per year) $ 150.00 12 $ 1,800.00 0 0% $ 1,800.00 -IRRIGATION(12 times per year) $ 0 $ 0 #DIV/01 $ -MULCHING(1 time per year) $ 100.00 0 $ 0 #DIV/01 $ Venetian Isles Medians(2 areas at the ends of Venice Dr&Isles Ct) -BASIC MAINTENANCE(26 times per year) $ 20.00 26 $ 520.00 0 0% $ 520.00 -PRUNING(12 times per year) $ 30.00 12 $ 360.00 0 0% $ 360.00 -IRRIGATION(12 times per year) $ 12 $ 0 #DIV/01 $ -MULCHING(1 time per year) $ 100.00 0 $ 0 #DIV/01 $ American Legion Median -BASIC MAINTENANCE(26 times per year) $ 25.00 26 $ 650.00 0 0% $ 650.00 -PRUNING(12 times per year) $ 80.00 12 $ 960.00 0 0% $ 960.00 -IRRIGATION(12 times per year) $ 10.00 12 $ 120.00 0 0% $ 120.00 -MULCHING(1 time per year) $ 200.00 0 $ 0 #DIV/01 $ ROW along the south side of NE 21 st Ave from NE 4th St to the Railroad property -BASIC MAINTENANCE(26 times per year) $ 45.00 26 $ 1,170.00 0 0% $ 1,170.00 -PRUNING(12 times per year) $ 10.00 12 $ 120.00 0 0% $ 120.00 -IRRIGATION(12 times per year) $ 0 $ 0 #oiv101 $ -MULCHING(1 time per year) $ 0 $ 0 #oiv101 $ Page 628 of 972 Oak Street Right of Way(Mow and prune hedge south side and top) -BASIC MAINTENANCE(26 times per year) $ 15.00 26 $ 390.00 0 0% $ 390.00 -PRUNING(12 times per year) $ 125.00 12 $ 1,500.00 0 0i $ 1,500.00 -IRRIGATION(12 times per year) $ Soo 0 $ o #oivi01 $ -MULCHING(1 time per year) $ 160.00 0 $ o #oivi01 $ Yachtmans Cove ROW's along curve on NE 15th Place -BASIC MAINTENANCE(26 times per year) $ 20.00 26 $ 520.00 0 of $ 520.00 -PRUNING(12 times per year) $ 100.00 12 $ 1,200.00 0 0% $ 1,200.00 -IRRIGATION(12 times per year) $ 30.00 12 $ 360.00 0 0% $ 360.00 -MULCHING(1 time per year) $ 400.00 0 $ o #oivi01 $ West ROW for NF-5 thru NF-9(Between Railroad ROW and the curb -BASIC MAINTENANCE(26 times per year) $ 105.00 26 $ 2,730.00 0 0% $ 2,730.00 -PRUNING(12 times per year) $ 300.00 12 $ 3,600.00 0 0% $ 3,600.00 -IRRIGATION(12 times per year) $ 200.00 12 $ 2,400.00 0 0% $ 2,400.00 -MULCHING(1 time per year) $ 2,500.00 0 $ o #oivi01 $ West ROW for NF-1 thru NF-4(Between Railroad ROW and the curb -BASIC MAINTENANCE(26 times per year) $ 105.00 26 $ 2,730.00 0 0% $ 2,730.00 -PRUNING(12 times per year) $ 300.00 12 $ 3,600.00 0 0% $ 3,600.00 -IRRIGATION(12 times per year) $ 200.00 12 $ 2,400.00 0 0% $ 2,400.00 -MULCHING(1 time per year) $ 2,500.00 0 $ o #oivi01 $ West ROW for NF-10&NF-11(Between Railroad ROW and the curb -BASIC MAINTENANCE(26 times per year) $ 105.00 26 $ 2,730.00 0 0% $ 2,730.00 -PRUNING(12 times per year) $ 300.00 12 $ 3,600.00 0 0% $ 3,600.00 -IRRIGATION(12 times per year) $ 200.00 12 $ 2,400.00 0 0% $ 2,400.00 -MULCHING(1 time per year) $ 2,500.00 0 $ o #oivi01 $ High Ridge Road Medians&ROWs to the back of the curb HRG-01 thru HRG-04 -BASIC MAINTENANCE(26 times per year) $ 60.00 26 $ 1,560.00 0 0% $ 1,560.00 -PRUNING(12 times per year) $ 80.00 12 $ 960.00 0 0% $ 960.00 -IRRIGATION(12 times per year) $ 12 $ o #oivi01 $ -MULCHING(1 time per year) $ 200.00 0 $ o #oivi01 $ High Ridge Road Medians Quantum District -BASIC MAINTENANCE(26 times per year) $ 500.00 26 $ 13,000.00 0 0% $ 13,000.00 -PRUNING(12 times per year) $ 1.00 12 $ 12.00 0 0% $ 12.00 -IRRIGATION(12 times per year) $ 12 $ o #oivi01 $ -MULCHING(1 time per year) $ 2,000.00 0 $ o #oivi01 $ SW 30th Avenue Medians SW30AV-1 thru SW30AV5(East of South Congress Ave) -BASIC MAINTENANCE(26 times per year) $ 30.00 26 $ 780.00 F 0 0% $ 780.00 -PRUNING(12 times per year) $ 12 $ o #oivi01 $ -IRRIGATION(12 times per year) $ 12 $ o #oivi01 $ -MULCHING(1 time per year) $ 1.00 0 $ o #oivi01 $ ROW on SE corner of NW 7th Court&NW 4th Avenue along residnece @ 814 NW 4th Avenue -BASIC MAINTENANCE(26 times per year) $ 25.00 26 $ 650.00 0 0% $ 650.00 -PRUNING(12 times per year) $ 12 $ o #oivi01 $ -IRRIGATION(12 times per year) $ 12 $ o #oivi01 $ -MULCHING(1 time per year) $ 0 $ o #oivi01 $ Castillo Lane Median -BASIC MAINTENANCE(26 times per year) $ 10.00 26 $ 260.00 0 0% $ 260.00 -PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 -IRRIGATION(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 -MULCHING(1 time per year) $ 20.00 0 $ o #oivi01 $ Riviera Dr Median -BASIC MAINTENANCE(26 times per year) $ 26 $ o #oivi01 $ -PRUNING(12 times per year) $ 12 $ o #oivi01 $ -IRRIGATION(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 -MULCHING(1 time per year) $ 0 $ o #oivi01 $ Circular Median on SW 14th Place near 3251 SW 14th Place -BASIC MAINTENANCE(26 times per year) $ 30.00 26 $ 780.00 0 0% $ 780.00 -PRUNING(12 times per year) $ 1.00 12 $ 12.00 0 0% $ 12.00 -IRRIGATION(12 times per year) $ 12 $ o #oivi01 $ -MULCHING(1 time per year) $ 1.00 0 $ o #oivi01 $ ROW on North side of Palmland Drive -BASIC MAINTENANCE(26 times per year) $ 30.00 26 $ 780.00 01 0% $ 780.00 -PRUNING(12 times per year) $ 1.00 12 $ 12.00 0 0% $ 12.00 -IRRIGATION(12 times per year) $ 12 $ o #oiv101 $ -MULCHING(1 time per year) $ 0 $ o #oiv101 $ Page 629 of 972 LOT on NE 3rd Street just north of 404 E MLK Jr.Blvd(PCN 08-43-45-21-18-000-1540) 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 18 $ 540.00 0 0% $ 540.00 2-PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 LOT on NE 3rd Street the 2nd lot south of 404 E MLK Jr.Blvd(PCN 08-43-45-21-18-000-1550) 1 -BASIC MAINTENANCE(18 times per year) I$ 30 001 18 $ 540.00 0 0% $ 540.00 2-PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 LOT on NW 1 st Street just north of 2221 NW 1st Street(PCN 08-43-45-16-01-022-0381) 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 18 $ 540.00 01 0% $ 540.00 2-PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 LOT on N Seacrest 909 N Seacrest Blvd(PCN 08-43-45-21-07-004-1450) 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 18 $ 540.00 0 0% $ 540.00 2-PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 LOT on N Seacrest 913 N Seacrest Blvd(PCN 08-43-45-21-07-004-1330) 1 -BASIC MAINTENANCE(18 times per year) $ 30 001 18 $ 540.00 0 0% $ 540.00 2-PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 LOT on SW 24th Avenue including along wall(PCN 08-43-4532-01-002-0110) 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 18 $ 540.00 0 0% $ 540.00 2-PRUNING(12 times per year) $ Soo 12 $ 60.00 0 0% $ 60.00 TOTAL $692,367.00 01 0 01 0% $692 367.00 Page 630 of 972 INVOICE FOR PAYMENT LV Superior INVOICE NUMBER. INVOICE DATE. PERIOD-FROM. TO. P.O.NO.. 190310 A B C D E G WORK COMPLETED TOTAL ITEM DESCRIPTION COST PER SCHEDULED FROM PREVIOUS THIS COMPLETED % BALANCE NUMBER OF SERVICE VALUE INVOICES PERIOD TO DATE (G/C) TO FINISH WORK (D+E) (C G) AW/NE/001 NE 26th Avenue at End of Road from NE 4th Street to Federal Highway 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 $ s4o.00 $ $ 0% $ 540.00 2-PRUNING(12 times per year) $ 1200 $ 144.00 $ $ 0% $ 144.00 Sub-Totall is 684.00 $ $ 0% $ 684.00 AW/NE/002 NE 3rd Street at End of Road from NE 11th Avenue to Mid-Alley before NE 12th Avenue 1 -BASIC MAINTENANCE(18 times per year) $ 60.00 $ 1 080.00 $ $ 0% $ 1,080.00 2-PRUNING(12 times per year) $ 4200 $ 504.00 $ $ 0% $ 504.00 Sub-Total $ 1,584.00 $ $ $ 0% $ 1.584.00 AW/NE/003 Between 291&311 NE 16th Avenue 1 -BASIC MAINTENANCE(18 times per year) $ 36.00 $ 648.00 $ $ 0% $ 648.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Total $ 864.00 $ $ $ 0% $ 864.00 AW/NE/004 Between NE 4th Avenue&NE 3rd Avenue and NE 1st Street&North Seacrest Blvd. 1 -BASIC MAINTENANCE(18 times per year) is 24.00 1$ 43200 $ $ 0% $ 43200 2-PRUNING(12 times per year) Is 18.00 1$ 216.00 1$ $ 0% $ 216.00 Sub-Totall is 648.00 1$ $ $ 0% $ 648.00 AW/NE/005 Between NE 3rd Street&North Railroad Avenue east of PCN 08-43-45-21-18-000-1540,1550,&1560,see map. 1 -BASIC MAINTENANCE(18 times per year) is 24.00 $ 43200 $ $ 0% $ 43200 2-PRUNING(12 times per year) Is 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall is 648.00 $ $ $ 0% $ 648.00 AW/NE/006 Between NE 3rd Street&North Railroad Avenue west of PCN 08-43-45-21-18-000-1540,1550,&1560;see map. 1 -BASIC MAINTENANCE(18 times per year) $ 36.00 1$ 648.00 $ $ 0% $ 648.00 2-P-PRUNING(12 times per year) $ 18.00 $ z16.00 $ $ 0% $ 216.00 Sub-Total I is 864.00 $ $ $ 0% $ 864.00 AW/NE/007 Between NE 2nd Street&North Railroad Avenue just west of 402 NE 13th Ave&west 401 NE 12th Ave 1 -BASIC MAINTENANCE(18 times per year) $ 4200 $ 756.00 $ $ 0% $ 756.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Total $ 972.00 $ $ $ 0% $ 972.00 AW/NE/008 Between NE 3rd Street&NE 1st Street and East Ocean Avenue&NE 1st Avenue 1 -BASIC MAINTENANCE(18 times per year) $ 48.00 $ 864.00 $ $ 0% $ 864.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Total $ 1,080.00 $ $ $ 0% $ 1,080.00 AW/NE/009 East end of NE 1st Avenue between NE 3rd Avenue&Railroad Property 1 -BASIC MAINTENANCE(18 times per year) is 60.00 $ 1,080.00 $ $ 0% $ 1,080.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 1$ $ 0% $ 216.00 Sub-Total $ 1,296.00 $ $ $ 0% $ 1,296.00 AW/NE/010 East of 339 NE 11th Avenue going North&South,see map. 1 -BASIC MAINTENANCE(18 times per year) $ 24.00 $ 43200 $ $ 0% $ 43200 2-PRUNING(12 times per year) $ 1200 $ 144.00 1$ $ 0% $ 144.00 Sub-Total $ 576.00 1$ $ $ 0% $ 576.00 Between NE 11th Avenue&East Martin Luther King Jr Blvd and North Seacrest Blvd&Railroad Avenue-approximately 5 feet AW/NE/011 wide. 1 -BASIC MAINTENANCE(18 times per year) $ 24.00 $ 43200 $ $ 0% $ 43200 2-PRUNING(12 times per year) $ 6.00 $ 72.00 $ $ 0% $ 72.00 Sub-Total $ 504.00 $ $ $ 0% $ 504.00 AW/NE/012 NE 4th Avenue at End of Road west of NE 3rd Street 1 -BASIC MAINTENANCE(18 times per year) $ 24.00 $ 43200 $ $ 0% $ 43200 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Total $ 648.00 $ $ $ 0% $ 648.00 AW/NE/013 Between NE 1st Avenue&East Ocean Avenue and NE 1st Street&Railroad Property 1 -BASIC MAINTENANCE(18 times per year) is 24.00 $ 43200 $ $ 0% $ 43200 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall I$ 648.00 1$ $ $ 0% $ 648.00 AW/NW/001 Between NW 1st Avenue&West Ocean Avenue from behind 131 West Ocean Avenue to NW 3rd Street 1 -BASIC MAINTENANCE(18 times per year) is 48.00 $ 864.00 $ $ 0% $ 864.00 2-PRUNING(12 times per year) $ 24.00 $ 288.00 $ $ 0% $ 288.00 Sub-Totall $ 1,152.00 $ $ $ 0% $ 1,152.00 AW/NW/002 Between NW 4th Avenue&NW 3rd Avenue and NW 4th Street&NW 3rd Street 1 -BASIC MAINTENANCE(18 times per year) is 24.00 $ 43200 $ $ 0% $ 43200 2-PRUNING(12 times per year) Is 186.00 1$ 2,23200 $ $ 0% $ 2,23200 Sub-Totall 1$ 2,664.00 $ $ $ 0% $ 2,664.00 Page 631 of 972 A B C D I E G WORK COMPLETED TOTAL ITEM DESCRIPTION COST PER SCHEDULED FROM PREVIOUS THIS COMPLETED % BALANCE NUMBER OF SERVICE VALUE INVOICES PERIOD TO DATE (G/C) TO FINISH WORK (D+E) (C G) AW/NW/003 Between NW 5th Avenue&NW 4th Avenue and NW 4th Street&NW 3rd Street 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 $ 540.00 $ $ 0% $ 540.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall is 756.00 $ $ $ 0% $ 756.00 AW/NW/004 Between NW 6th Avenue&NW 5th Avenue and NW 4th Street&NW 3rd Street 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 $ 540.00 $ $ 0% $ 540.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall is 756.00 $ $ $ 0% $ 756.00 AW/NW/005 Between NW 7th Avenue&NW 6th Avenue and NW 4th Street&NW 3rd Street 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 $ 540.00 $ $ 0% $ 540.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall is 756.00 $ $ $ 0% $ 756.00 AW/NW/006 Between NW 8th Avenue&NW 7th Avenue and NW 4th Street&NW 3rd Street 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 $ 540.00 $ $ 0% $ 540.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall is 756.00 $ $ $ 0% $ 756.00 AW/NW/008 Between NW 9th Avenue&NW 8th Avenue and NW 5th Street&NW 3rd Street 1 -BASIC MAINTENANCE(18 times per year) 117222 $ 1,296.00 $ $ 0% $ 1,296.00 2-PRUNING(12 times per year) $ 30.00 $ 360.00 $ $ 0% $ 360.00 Sub-Totall I$ 1,656.00 $ $ $ 0% $ 1,656.00 AW/NW/009 Between West Martin Luther King Jr Blvd&NW 9th Avenue and NW 5th Street&NW 3rd Street 1 -BASIC MAINTENANCE(18 times per year) 117222 $ 1,296.00 $ $ 0% $ 1,296.00 2-PRUNING(12 times per year) $ 30.00 $ 360.00 1$ $ 0% $ 360.00 Sub-Totall I$ 1,656.00 $ $ $ 0% $ 1,656.00 AW/NW/010 Between NW 11th Avenue&West Martin Luther King Jr Blvd and NW 5th Street&NW 3rd Street 1 -BASIC MAINTENANCE(18 times per year) 117222 $ 1,296.00 $ $ 0% $ 1,296.00 2-PRUNING(12 times per year) $ 30.00 $ 360.00 $ $ 0% $ 360.00 Sub-Totall I$ 1,656.00 $ $ $ 0% $ 1,656.00 AW/NW/012 Between NW 5th Street&NW 4th Street and NW 8th Avenue&NW 4th Avenue 1 -BASIC MAINTENANCE(18 times per year) $ 90.00 $ 1,620.00 $ $ 0% $ 1,620.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall I$ 1,836.00 $ $ $ 0% $ 1,836.00 Between NW 3rd Street&NW 2nd Street and NW 8th Avenue&Boynton Beach Blvd.(Note:There is an access issue one parcel AW/NW/013 north of NW 6th Avenue the length of 2 homes.) 1 -BASIC MAINTENANCE(18 times per year) is 90.00 1$ 1,620.00 1$ $ 0% $ 1,620.00 Sub-Totall is 1,620.00 1$ $ $ 0% $ 1,620.00 AW/NW/014 From NW 1st Street to North Seacrest Blvd between NW 9th Court&NW 8th Avenue,see map. 1 -BASIC MAINTENANCE(18 times per year) $ 48.00 $ 864.00 $ $ 0% $ 864.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall $ 1,080.00 $ $ $ 0% $ 1,080.00 AW/NW/015 U-Shaped R.O.W.@ NW 10th Street&LeGrace Court,See Map. 1 -BASIC MAINTENANCE(18 times per year) $ 54.00 $ 972.00 $ $ 0% $ 972.00 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall $ 1,188.00 $ $ $ 0% $ 1,188.00 AW/NW/016 Between CI-9&North Seacrest Blvd along NW 9th Court 1 -BASIC MAINTENANCE(18 times per year) $ 120.20 $ 2,160.00 $ F$ 1 0% $ 2,160.00 2-PRUNING(12 times per year) $ 30.00 $ 360.00 $ 0% $ 360.00 Sub-Total $ 2,520.00 $ $ 0% $ 2,520.00 AW/SE/001 Between SE 1st Avenue&SE 2nd Avenue from SE 1st Street to Railroad Property 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 $ 540.00 $ 0% $ 540.00 Sub-Total $ 540.00 $ $ 0% $ 540.00 AW/SE/002 SE 31st Avenue between 128&134 SE 31st Avenue,backs up to the South Seacrest Scrub. No PCN;See Map. 1 -BASIC MAINTENANCE(18 times per year) $ 30.00 $ 540.00 $ 0% $ 540.00 2-PRUNING(12 times per year) $ 1200 $ 144.00 $ 0% $ 144.00 Sub-Total $ 684.00 $ $ 0% $ 684.00 AW/SW/002 Between 636&638 SW 4th Avenue 1 -BASIC MAINTENANCE(18 times per year) $ 24.00 $ 43200 $ 0% $ 43200 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ 0% $ 216.00 Sub-Total $ 648.00 $ $ 0% $ 648.00 AW/SW/003 West of 730 SW 3rd Avenue at SW 8th Street 1 -BASIC MAINTENANCE(18 times per year) $ 4200 $ 756.00 $ 0% $ 756.00 2-PRUNING(12 timesper year) $ 18.00 $ 216.00 $ of $ 216.00 u - ota $ 972.00 $ - $ - 0% $ 972.00 Page 632 of 972 A B C D I E G WORK COMPLETED TOTAL ITEM DESCRIPTION COST PER SCHEDULED FROM PREVIOUS THIS COMPLETED % BALANCE NUMBER OF SERVICE VALUE INVOICES PERIOD TO DATE (G/C) TO FINISH WORK (D+E) (C G) LT/NE/004 Alley LOT on NE 11th Avenue between 340 NE 11th Ave.and 404 NE 11th Ave.(PCN 08-43-45-21-22-004-0110) 1 -BASIC MAINTENANCE(18 times per year) $ 24.00 $ 43200 $ $ 0% $ 43200 2-PRUNI NG(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall I$ 648.00 1$ $ $ 0% $ 648.00 LT/NE/005 LOT on NE 3rd Street the 2nd lot south of 404 E.MILK Jr.Blvd.(PCN 08-43-45-21-18-000-1550) SOLD TO CRA Sub-Total $ $ $ $ #DIV/01 $ LT/NE/007 LOT between 238&250 NE 7th Avenue(PCN 08-43-45-2136-000-0400) 1 -BASIC MAINTENANCE(18 times per year) $ 18.00 $ 324.00 $ $ 0% $ 324.00 2-PRUNI NG(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Totall I$ 540.00 $ $ $ 0% $ 540.00 LT/NE/009 LOT on SW Corner of NE 11th Ave&NE 2nd Street(PCN 08-43-45-21-22-003-0011) 1 -BASIC MAINTENANCE(18 times per year) $ 24.00 $ 43200 $ $ 0% $ 43200 2-PRUNING(12 times per year) $ 6.00 $ 72.00 1$ $ 0% $ 72.00 Sub-Totall I$ 504.00 1$ $ $ 0% $ 504.00 LT/NE/010 LOT @ 319 NE 12th Avenue between 317&323 NE 12th Avenue(PCN 08-43-45-21-20-002-0182) 1 -BASIC MAINTENANCE(18 times per year) $ 18.00 $ 324.00 $ $ 0% $ 324.00 2-PRUNI NG(12 times per year) $ 18.00 $ 216.00 $ $ of $ 216.00 Sub-Totall I$ 540.00 $ $ $ 0% $ 540.00 LT/NW/002 LOT on NW 1st Street just north of 2221 NW 1st Street(PCN 08-43-45-16-01-022-0381) 2-PRUNI NG(12 times per year) 1$ 18.00 1$ 216.00 $ $ 00/0 $ 216.00 Sub-Totall I$ 216.00 $ $ $ 0% $ 216.00 LT/NW/003 LOT on NW 1 at Street,the triangle just south of 2221 NW 1 at Street(PCN 08-43-45-16-01-022-0400) 2-PRUNI NG(12 times per year) 1$ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Total $ 216.00 1$ $ $ 0% $ 216.00 LT/NW/004 LOT on NW 4th Avenue just east of 219 NW 4th Avenue(PCN 08-43-45-21-07-002-1600) 2-PRUNI NG(12 times per year) 1$ 18.00 1$ 216.00 1$ $ 0% $ 216.00 Sub-Total $ 216.00 $ $ $ 0% $ 216.00 LT/NW/005 LOT on NW 4th Avenue just west of 219 NW 4th Avenue(PCN 08-43-45-21-07-002-1620) 2-PRUNI NG(12 times per year) 1$ 18.00 1$ 216.00 1$ $ 0% $ 216.00 Sub-Total I$ 216.00 $ $ $ 0% $ 216.00 LT/NW/006 LOT on NW 5th Street on SE corner of NW 11th Avenue(PCN 08-43-45-21-14-000-2690) 2-PRUNI NG(12 times per year) 1$ 24.00 $ 288 00 $ $ 00 $ 288 00 Sub-Totall $ 288.00 $ $ $ 0% $ 288.00 LT/NW/007 LOT @ 103 NW 8th Avenue(PCN 08-43-45-21-07-004-1470) 2-PRUNI NG(12 times per year) 1$ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Total $ 216.00 $ $ $ 0% $ 216.00 LT/NW/019 LOT @ 905 N.Seacrest Blvd.(PCN 08-43-45-21-07-004-1460) 2-PRUNI NG(12 times per year) 1$ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Total $ 216.00 1$ $ $ 0% $ 216.00 LT/NW/020 LOT on NW 5th Street between 1621&1611 NW 5th Street(PCN 08-43-45-16-01-044-0052);Note: PAPA has address as NE. 2-PRUNI NG(12 times per year) $ 1a.00 $ 216.00 $ $ 0% $ 216.00 Sub-Total $ 216.00 $ $ $ 0% $ 216.00 LT/NW/029 Lot on N Seacrest 909 N.Seacrest Blvd(PCN 08-43-45-21-07-004-1450) 1 -BASIC MAINTENANCE(18 times per year) $ 24.00 $ 43200 $ $ 0% $ 43200 2-P RUNI NG(12 times per year) $ 18.00 1$ 216.00 $ $ 0% $ 216.00 Sub-Totall I$ 648.00 $ $ $ 0% $ 648.00 LT/NW/030 Lot on N Seacrest 913 N.Seacrest Blvd(PCN 08-43-45-21-07-004-1330) 1 -BASIC MAINTENANCE(18 times per year) $ 24.00 $ 43200 $ $ 0% $ 43200 2-P RUNI NG(12 times per year) $ 18.00 1$ :26 OO $ $ 0i $ 216.00 Sub-Total $ 648.00 $ $ $ 0% $ 648.00 LT/NW/031 LOT @ 132 W.Martin Luther King Jr.Blvd./NW 10th Avenue(PCN 08-43-45-21-09-000-0051) 2-PRUNING(12 times per year) $ 18.00 $ 216.00 $ $ 0% $ 216.00 Sub-Total $ 216.00 $ $ $ 0% $ 216.00 LT/NW/032 LOT at Galaxy Park(PCN 08-43-45-21-00-000-7060) 1 -BASIC MAINTENANCE(18 times per year) $ 120.00 $ 2160.00 $ $ 0% $ 2160.00 2-PRUNING(12 times per year) $ 90.00 $ 1..080.00 $ $ 0% $ 1..080.00 5ub-Total $ 3,240.00 $ $ 11$ 1 0% $ 3,240.00 VARIOUS ADDITIONAL SERVICES $ $ 00 $ Page 633 of 972 A B C D E G WORK COMPLETED TOTAL ITEM DESCRIPTION COST PER SCHEDULED FROM PREVIOUS THIS COMPLETED % BALANCE NUMBER OF SERVICE VALUE INVOICES PERIOD TO DATE (G/C) TO FINISH WORK (D+E) (C G) FBI- PF/SE/009 Betty Thomas Park(SE Neighborhood Park)@ 2882 SE 2nd Street 1 -BASIC MAINTENANCE(50 times per year) $ 84.36 $ 4,218 00.$ $ 0% $ 4,2/8.00 2-PRUNING(12 times per year) $ 4853 $ 58236 $ $ 0% $ 58236 3-IRRIGATION(12 times per year) $ 72.00 $ 864.00 $ $ 0% $ 864.00 4-MULCHING(1 time per year) $ 3,024.00 $ 3,024.00 $ $ 0% $ 3,024.00 5-TURF FERTILIZATION(2 times per year) #VALUEI $ $ #VALUEI #VALUEI 6-TREE FERTILIZATION(2 times per year) #VALUEI $ $ #vALUEI #VALUEI 7-PALM FERTILIZATION(2 times per year) #VALUEI $ $ #vALUEI #VALUEI 8-SHRUB FERTILIZATION(2 times per year) #VALUEI $ $ #VALUEI #VALUEI $ 8,688.36 $ PF/NE/016 Public Works Compound @ 222 NE 9th Avenue(Interior&Exterior) 1 -BASIC MAINTENANCE(50 times per year) $ 36.96 $ /,848.00 $ $ 0% $ 1,848.00 2-PRUNING(12 times per year) $ 320.87 $ 3,850.44 $ $ 0% $ 3,850.44 3-IRRIGATION(12 times per year) $ 72.00 $ 864.00 $ $ 0% $ 864.00 4-MULCHING(1 time per year) $ /,//6.00 $ 1,//6.00 $ $ 0% $ 1,//6.00 5-TURF FERTILIZATION(2 times per year) #VALUEI $ $ #VALUEI #VALUEI 6-TREE FERTILIZATION(2 times per year) #VALUEI $ $ #VALUEI #VALUEI 7-PALM FERTILIZATION(2 times per year) #VALUEI $ $ #VALUEI #VALUEI 8-SHRUB FERTILIZATION(2 times per year) #VALUEI $ $ #VALUEI #VALUEI $ 7,678.44 $ PF/NW/009 Laurel Hills Park @ 600 NW 7th Street 1 -BASIC MAINTENANCE(50 times per year) $ 69.00 $ 3,450.00 $ $ 0% $ 3,450.00 2-PRUNING(12 times per year) $ 2520 $ 30240 $ $ 0% $ 30240 3-IRRIGATION(12 times per year) $ 72.00 $ 864.00 $ $ 0% $ 864.00 4-MULCHING(1 time per year) $ /,/2200 $ 1,/2200 $ $ 0% $ 1,/2200 5-TURF FERTILIZATION(2 times per year) #VALUEI $ $ #VALUEI #VALUEI 6-TREE FERTILIZATION(2 times per year) #VALUEI $ $ #VALUEI #VALUEI 7-PALM FERTILIZATION(2 times per year) #VALUEI $ $ #VALUEI #VALUEI 8-SHRUB FERTILIZATION(2 times per year) #VALUEI $ $ #VALUEI #VALUEI $ 5,738.40 $ TOTAL 64 801.20 0%1$ 64 801.20 Page 634 of 972 INVOICE FOR PAYMENT PROPERTY WORKS INVOICE NUMBER. INVOICE DATE. PERIOD-FROM. TO. PROJECT NO.. 190312 A B C D E G H WORK COMPLETED TOTAL ITEM DESCRIPTION COST PER SCHEDULED FROM PREVIOUS THIS COMPLETED % BALANCE NUMBER OF SERVICE VALUE INVOICES PERIOD TO DATE (G/C) TO FINISH WORK (D,E) (C G) PF/NW/002 Boynton Lakes Park @ 300 Boynton Lakes Blvd 1 -BASIC MAINTENANCE(39 times per year) $ 6/3.6/ $ 23,930.79 $ - 0% $ 23,930.79 2-PRUNING(12 times per year) $ 94.00 $ 1./28.00 $ - 0% $ 1./28.00 3-IRRIGATION(12 times per year) $ 227.116 $ 2,725.92 $ - 0% $ 2,725.92 4-MULCHING(1 time per year) $ 3,236.20 $ 3,236.20 $ - 0% $ 3,236.20 5-TURF FERTILIZATION(2 times per year) $ - $ - $ - #D1V/0I $ - 6-TREE FERTILIZATION(2 times per year) 7-PALM FERTILIZATION(2 times per year) 8-SHRUB FERTILIZATION(2 times per year) PF/NW/008 Knollwood Park(Excluding Lake&Littoral Area)@ 8121 Lawrence Road 1 -BASIC MAINTENANCE(39 times per year) $ 120.11 $ 4,684.29 $ - 0% $ 4,684.29 2-PRUNING(12 times per year) 3-IRRIGATION(12 times per year) $ �227 16 $ 2,725.92 $ - 0% $ 2,725.92 4-MULCHING(1 time per year) $ 6,//029 $ 6,//029 $ - 0% $ 6,//029 5-TURF FERTILIZATION(2 times per year) $ - $ - $ - #D1V/0I $ - 6-TREE FERTILIZATION(2 times per year) 7-PALM FERTILIZATION(2 times per year) 8-SHRUB FERTILIZATION(2 times per year) PF/NW/012 Palmetto Greens Linear Park-West(Along C16 Canal west of Palmetto Greens Park-East) 1 -BASIC MAINTENANCE(39 times per year) $ 289.3/ $ //,283.09 $ - 0% $ /1,283.09 2-PRUNING(12 times per year) $ 26.63 $ 3/9.56 $ - 0% $ 3/9.56 3-IRRIGATION(12 times per year) N/A N/A 4-MULCHING(1 time per year) $ 296.46 $ 296.46 $ - 0% $ 296.46 5-TURF FERTILIZATION(2 times per year) $ - $ - $ - #D1V/0I $ - 6-TREE FERTILIZATION(2 times per year) 7-PALM FERTILIZATION(2 times per year) 8-SHRUB FERTILIZATION(2 times per year) PF/SE/004 Jaycee Park(Excludes Mangrove Wetland Area)@ 2600 South Federal Highway 1 -BASIC MAINTENANCE(39 times per year) $ /44./3 $ 5,62107 $ - 0% $ 5,62107 2-PRUNING(12 times per year) $ /3108 $ 1,57296 $ - 0% $ /57296 3-IRRIGATION(12 times per year) $ /56.56 $ 1,878.72 $ - 0% $ 1,878.72 4-MULCHING(1 time per year) $ 6,0/299 $ 6,0/299 $ - 0% $ 6,0/299 5-TURF FERTILIZATION(2 times per year) $ - $ - $ - #D1V/0I $ - 6- times per year 7-PALM FERTILIZATION(2 times per year) 8- times per year PF/SE/010 Fire Station#4 @ 1919 South Federal Highway(Once a month) 1 - Imes per year $ 85.00 $ 1,020.00 $ - 0% $ 1,020.00 2-PRUNING(12 times per year) $ 568.59 $ 6,823.08 $ - 0% $ 6,823.08 3- Imes per year $ 75.72 $ 90864 $ - 0% $ 90864 4-MULCHING(1 time per year) $ 3,092.88 $ 3,092.88 $ - 0% $ 3,092.88 5- times per year $ _ $ _ $ - #D1V/01 $ - 6-TREE FERTILIZATION(2 times per year) 7- times per year 8-SHRUB FERTILIZATION(2 times per year) PF/SW/002 Congress Community Park-Tennis Center&Courts @ 3111 South Congress Avenue 1 -BASIC MAINTENANCE(39 times per year) $ 25200 $ 9,828.00 $ - 0% $ 9,828.00 2- Imes per year $ /35.00 $ 1,620.00 $ - 0% $ 1,620.00 3-IRRIGATION(12 times per year) $ /56.56 $ 1,878.72 $ 0% $ 1,878.72 4-MULCHING(1 time per year) $ /,928.00 $ /,928.00 $ 0% $ /,928.00 5-TURF FERTILIZATION(2 times per year) $ $ $ #D1V/0I $ 6-TREE FERTILIZATION(2 times per year) 7-PALM FERTILIZATION(2 times per year) 8-SHRUB FERTILIZATION(2 times per year) PF/SW/006 Forest Hills Park @ 2500 SW 8th Street 1 - Imes per year $ 270.511 $ 110,549.89 $ - 0% $ 110549.89 2-PRUNING(12 times per year) $ /7.76 $ 2113.112 $ - 0% $ 2113.112 3- Imes per year $ /51 46 $ 1,817 52 $ - 0% $ 1,817 52 4-MULCHING(1 time per year) $ /,297.511 $ 1,297.511 $ - 0% $ 1,297.511 5- times per year $ _ $ _ $ - #D1V/01 $ - 6-TREE FERTILIZATION(2 times per year) 7- times per year 8-SHRUB FERTILIZATION(2 times per year) Page 635 of 972 A B C D I E G H WORK COMPLETED TOTAL ITEM DESCRIPTION COST PER SCHEDULED FROM PREVIOUS THIS COMPLETED % BALANCE NUMBER OF SERVICE VALUE INVOICES PERIOD TO DATE (G/C) TO FINISH WORK (D,E) (C G) SON LT/NW/023 Rolling Green Mun.Complex(RGMC)-515 NW 15th Court(Entrance off of NW 14th Ave.) 1 -BASIC MAINTENANCE(24 times per year) $ /25.00 $ 3,000.00 $ - 0% $ 3,000.00 2-PRUNING(12 times per year) LT/NW/023 Shore Drive east of NorthFederal vdl 1 -BASIC MAINTENANCE(26 times per year) $ 411.97 $ /,09122 $ - 0% $ 1,09122 2-PRUNING(12 times per year) 3-IRRIGATION(12times peryear) $o era 75 00 $ 900.00 $ - 0% $ 900.00 4-MULCHING(1 time per year) $ 895.63 $ 895.63 $ - 0% $ 895.63 5-TURF FERTILIZATION(2 times per year) 6-TREE FERTILIZATION(2 times per year) 7-PALM FERTILIZATION(2 times per year) 8-SHRUB FERTILIZATION(2 times per year) =1- 110lllmiliilillmiillon VARIOUS ADDITIONAL SERVICES $ - $ - 00/0 $ - PF/NE/008 Mangrove Park(Excluding Mangrove Wetland Area)@ 700 NE 4th Avenue(CLOSED AUGUST 2019) 1 -BASIC MAINTENANCE(50 times per year) $ - $ - $ - #DIV/01 $ - 2-PRUNING(12 times per year) $ - $ - $ - #DIV/01 $ - 3-IRRIGATION(12 times per year) $ - $ - $ - #DIV/01 $ - 4-MULCHING(1 time per year) $ - $ - $ - #DIV/01 $ - 5-TURF FERTILIZATION(2 times per year) $ - $ - $ - #DIV/01 $ - 6-TREE FERTILIZATION(2 times per year) $ $ $ BID V/0 $ 7-PALM FERTILIZATION(2 times per year) $ $ $ #DIV/01 $ 8-SHRUB FERTILIZATION(2 times per year) $ - $ - $ - #DIV/01 $ - Mangrove Walk at the Marina(Excluding Lake&Littoral Area)@ East End of Boynton Beach Blvd near the Intracoastal PF/NE/009 (Needs trash and blow off 2 x's a week,M&F or Tu&F)(Blow off,Pickup Fronds,Debris,Empty all Trash Cans) 1 -BASIC MAINTENANCE(39 times per year) $ /85.00 $ 7,2/5.00 $ - 0% $ 7,215.00 2-PRUNING(12 times per year) $ 2114.63 $ 2,57556 $ - 0% $ 2575.56 3-IRRIGATION(12 times per year) $ /5656 $ /,878.72 $ 1,878.72 4-MULCHING(1 time per year) $ 49259 $ 49259 $ - 0% $ 49259 5-TURF FERTILIZATION(2 times per year) $ - $ - $ - #DIV/0I $ - 6-TREE FERTILIZATION(2 times per year) $ - $ - $ - #DIV/0I $ - 7-PALM FERTILIZATION(2 times per year) $ - $ - $ - #DIV/0I $ - 8-SHRUB FERTILIZATION(2 times per year) $ $ $ #DIV/0I $ TOTAL 1 1$ 130,552.34 1$ $ $ 1 0% $ 130,552.34 Page 636 of 972 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-1C-04 with Carollo Engineers in the amount of$189,508.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018 for the Reclaimed Water System Expansion Hydraulic Analysis project. EXPLANATION OF REQUEST: Contract Period: August 22, 2018—August 21, 2020 Boynton Beach Utilities plans to expand the reclaimed water distribution system, primarily with the addition of new large user customers. The customers will be added in multiple phases to the system in specified areas of the utility service area. The primary targets for large users will be commercial property, golf courses, City property, schools, and developments with large common areas that can utilize reclaimed water. The overall system expansion will require modifications to the pumping, storage and distribution system to meet future demands. The design and construction of these improvements will require detailed planning of the system expansion, including demand establishment by customer, establishment of phasing, updated hydraulic modeling, and recommendations for improvements. Carollo Engineers will develop a reclaimed water system expansion plan including recommendations for the system design. The work will utilize the existing reclaimed water hydraulic model, previously developed as part of the Utilities Management Optimization Plan (UMOP). With additional data collection, the model will be updated with demands and phasing. The results of the model will be developed into recommendations with pumping, storage, and pipeline improvements. The design and construction of the pumping, storage, and pipeline improvements will be completed by Garney Companies, previously approved by Commission on July 2, 2019 as the highest ranked firm in accordance with RFQ No. 013-2821-19/TP for Reclaimed Water Distribution System Progressive Design-Build. Once this phase has begun, Carollo will support the technical needs of the progressive design-build project as the Owner's Representative. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will provide the technical analysis needed to provide recommendations and direction for the design and construction of the reclaimed water distribution system improvements. FISCAL IMPACT: Budgeted Funding for the project is available in the Utilities CIP budget. ALTERNATIVES: Do not conduct the hydraulic analysis. STRATEGIC PLAN: Page 637 of 972 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Contract Contract D Task Order Carollo Task Order Proposal Page 638 of 972 0 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CAROLLO ENGINEERS, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17(TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: ® Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants'work. The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services C-1 V.5 CLEAN FINAL Page 639 of 972 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six {6} copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services C_2 V.5 CLEAN FINAL Page 640 of 972 .._.................. with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner:specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services C-3 V.5 CLEAN FINAL Page 641 of 972 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 642 of 972 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans,the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents,and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have Boynton Beach Utilities-General Consulting Services C-5 V.5 CLEAN FINAL Page 643 of 972 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Boynton Beach Utilities-General Consulting Services C-6 V.5 CLEAN FINAL Page 644 of 972 Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; ❖ Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-� Page 645 of 972 Field observation and verification of quantities of equipment and materials installed; Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; *o Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. :• Recommending courses of action,and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; ❖ Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; :• Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings;and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL Page 646 of 972 programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional(not exclusive)services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope,extent or character of any particular project or its design including but not limited to, changes in size,complexity,the CITY'S schedule,character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. :• Providing renderings or models for the CITY'S use. ❖ Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. ❖ Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. ❖ Assistance in connection with Proposal/proposal protests,re-bidding or re-negotiating contracts for construction, materials, equipment or services,unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT(e.g. defective plans and/or specifications which inhibit contractors from submitting Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 647 of 972 proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. :• Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. ❖ Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. ❖ Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services C-10 V.5 CLEAN FINAL Page 648 of 972 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s)shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project.The CITY may have multiple CITY Representative(s)or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability,and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services),the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning,deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT;and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 649 of 972 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONS ULTANT,faiIure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a"rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction,the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 650 of 972 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach,an event of default shall include the following: 4- CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; ❖ CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; s CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. •3 CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. ❖ In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 651 of 972 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing,and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2-TERM 2.1 The initial Contract period shall be for an initial two(2)years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions.The CONSULTANT understands and acknowledges that the Services to be performed during the two(2)year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed.At no time shall this transitional period extend more than one-hundred and eighty(180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3-TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4-PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit"A" attached hereto. ❖ Payment as provided in this Section shall be full compensation for work performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 652 of 972 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. s In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative,the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. ❖ Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY,which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 653 of 972 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5-OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 654 of 972 by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE 8-COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws, regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9-INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys'fees and costs,arising from injury or death to persons,including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 655 of 972 ARTICLE 10-INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrencelaggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 656 of 972 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty(30)days following the CITY'S written notice,the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two(2)years following the termination of the Agreement, maintain a"tail coverage"in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract.The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12-COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 657 of 972 price or uonsidaration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,gift, orcontingent fee. ARTICLE 13TRUTH-IN-NEGOTIATION CERTIFICATE — 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of e truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current aoofthe date ofthe Contract. 132 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inoocunoto, incomplete,or non-current wage rates or due to inaccurate representations of fees paid tooutside CONSULTANTS. The City shall exercise its rights under this ^Certifioete''within one(1)year following payment. ARTICLE 14'SUBCONTRACTING 14.1 The CITY reserves the right k/accept the use n[uSUB-CONSULTANT or0ureject the selection ufoparticular sub-CONSULTANT and toinspect all facilities ofany SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT toperform properly under this contract. The CONSULTANT is encouraged to seek |ouo| vendors for participation in subcontracting opportunities. |fthe CONSULTANT uses any sub CONSULTANTS unthis project the following provisions ofthis Article shall apply: 14.2 |faSUB-CONSULTANT fails Voperform ormake progress, aorequired bythis Cnrkract, and it is necessary to replace the SUB-CONSULTANT to complete the work inmtimely fashion, the CONSULTANT shall promptly doso, subject tu acceptance of the new SUB-CONSULTANT by the QTY. The substitution of subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract asset forth inthe Scope ofWork. 14.3 The CONGULTANT, ito8U8'CDN8ULTANT8. agen{a, uemmnta, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms ofthis contract. ARTICLE 15DISCRIMINATION PROHIBITED - 15.1 The CONGULTANT, with regard tuthe work performed by it under this Controct, will not discriminate on the grounds of race, color, national origin, religion, creed, age,sex or the presence of any physical or sensory handicap in the selection and retention ofemployees orprocurement ofmaterials nrsupplies. ARTICLE 16'ASSIGNMENT 181 The CONSULTANT shall not sublet orassign any ofthe services covered bythis Contract without the express written consent ofthe CITY. Boynton Beach Utilities General Consulting Services C-20 v.5CLEAN FINAL Page 058of072 ARTICLE 17-NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further,this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 659 of 972 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 —CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-22 Page 660 of 972 ARTICLE 24-.NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Co y to: _ Attn: Utilities Director City of Boynton Beach 124 E.Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: CAROLLO ENGINEERING INC. Attn: Elizabeth Fujikawa 9897 Lake Worth Road Suite 302 Lake Worth, FL 33467 ARTICLE 25-INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 661 of 972 ARTICLE 27—PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla.Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY'S custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA,33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services C-24 V.5 CLEAN FINAL Page 662 of 972 Article 28-LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS,CLAIMS,ACTIONS,LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of A 0,14,1 120 / CITY OF BOYNTON BEACH 4= LtiL6' rnu,-jcC City Manager CONSULTAN IGINFF� Q•++• F•+.��' Attest/Authenticated: o`;:�OATs TitleM_G e Seal) City CI k Approved as to Form: ttesttAuthenticated: Offf6e of the City Attorney Michael W. Barnes, Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 663 of 972 EXHIBIT"A" FEE SCHEDULE FIRM: Carollo Engineers,Inc. DATE: March 14 2018 Personnel Classifications Hourly Rate Principal $279.00 Project Manager $279.00 Senior Engineer $202.00 Process Engineer $202.00 Sr Electrical Egn. $257.00 Elec.Egn. $202.00 Process Control/Inst.Egn. $202.00 Sr.Mechanical Engineer $257.00 Mechanical Engineer $202.00 Engineer $162.00 Designer $140.00 GIS Specialist $185.00 CADD/Technician $140.00 Public Relations Specialist N/A Construction Inspector $141.00 Sr.Rate analyst $202.00 Clerical/Administrative $105.00 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 664 of 972 EXHIBIT"B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. 'This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M.Best Co.of"B+"or higher. (NOTA: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc..and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ----------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $1.000,000.00 Commercial General Liability Products-Comp/Op Agg. $1.000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1.000.000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50.000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50.000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage liability Auto Only.Each Accident $1,000.000.00 Any Auto Other Tban Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,00Qoo0.00 Aggregate $1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300.000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------ Bovnton Beach Utilities-General Consulting Services C-27 6 CLEAN FINAL Page 665 of 972 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: I. Service: I (Check One) ❑ Planning/Study Activity,Report,Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award p Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating I (Check One) ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ I Yes I ❑ No ❑ Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title,and office of rating officer e. .Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 666 of 972 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorou h site investigation 1 2 3 4 5 2. Meetinj cost limitations 1 2 3 4 5 3. Desi n/results suitability 1 2 3 4 5 4. Coo erative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. 'Plans clear/detailed 1 1 1 2 3 4 1 5 7. 'Plan/spec accuracy 1 1 2 3 14 1 5 `Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer(e.g. Utilities Director): -Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, &AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 bein the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 8. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building&permitting agencies 1 2 3 4 5 11. 1 Addendum preparation&permit applications 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): -Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 667 of 972 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score I NIA 1. Drawings Reflect True Conditions 1 2 1 3 14 5 2. Plans/S ecs Accurate/Coordinated 1 2 3 4 5 3. Design Constructabilit 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing(Accuracy,Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s)or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dis ute s? 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 668 of 972 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 bein the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 14 5 4. Accuracy of documents 1 2 3 14 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 1 4 5 solving? 7. Overall results 1 2 3 1 15 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services C-31 V.5 CLEAN FINAL Page 669 of 972 2056 Vilst,_F,,rl r ,y.Suite400,`XI lst Pa Inn Beach,F Iorida, S'Ali Engineers_Working Wonders With Water P.561.t r S.r400 F.561 sC r4tt1 August 6,2019 Mr.Jose Huertas Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Proposal for Engineering Services Reclaim System Expansion Planning and Owner's Representative Services Dear Mr. Huertas: As requested,we have prepared the following proposal for the subject project. BACKGROUND The City of Boynton Beach Utilities(Boynton)plans to expand its reclaimed water service area, primarily with the addition of new large user customers.The customers will be added in multiple phases to the system, primarily to the northwest and eastern area of the existing utility service area.The primary targets for large users will be commercial property,golf courses,and developments which can utilize reclaimed water. The overall system expansion will require modifications to the pumping,storage and distribution system to meet future demands.The design and construction of these improvements will require detailed planning of the system, including demand establishment by customer,establishment of phasing, updated hydraulic modeling,and recommendations for improvements. Forthis scope,the City has requested that Carollo develop a reclaim system expansion plan including recommendations forthe system design.The work will utilize the existing reclaimed hydraulic model, previously developed as part of the Utilities Management Optimization Plan(UMOP). With additional data collection,the model will be updated with demands and phased.The results of the model will be developed into recommendations with pumping,storage and pipeline improvements. The design and construction of the pipeline and/or pump station work will be completed by others(via the City's Reclaim Design-Build(D-B)team). Once this phase has begun, Carollo will remain available for support of technical needs as the Owner's Representative. SCOPE OF WORK The scope of services will include the following: TASK 1—DATA GATH E R1 The purpose of this task is to collect and review the available data to complete the project. Data collection will include a variety of sources based on the best available data.This will require data from Carollo,the City, and the D-B team. WATER OUR FOCUS OUR BUSINESS OUR F6Ay06P0 of 972 Mr.Jose Huertas Boynton Beach Utilities August 6,2019 Page 2 This is anticipated to include, but not limited to: • Existing model (developed by Carollo). • Potential customer demands,connection points,assumptions and model data. • Pump curves for current pump station at SCRWWTP. • SCADA/Operational data of the system related to the affected area(SCRWWTP Pump station runtime,flows and pressures if available). • City maintained GIS data(latest available). • Record drawings of pipelines(if necessary for connection locations,conflicts). • Pressure data in the distribution system (via SCADA or Pressures Recorder, locations to be determined) All collected data will be reviewed and compiled for model and memorandum development in the tasks which follow. Data evaluation will focus on the supply of reclaim water to identified potential customers. Additional data may occur throughout the project based on potential customers, routes and alternatives. To further complement the data collection effort,we anticipate field visits after initial review of the data. Along with City staff,this visit is anticipated to include site visits at SCRWWTP, potential customer sites, and potential routes for expansion.The focus of this visit is expected to be related to SCADA data, pump station data,and customer requirements in order to confirm and validate data prior to model updating. Note that additional data collection may occur throughout the project, in particular related to coordination with the D-B Team to address hydraulic needs in the system,such as changes to customers, route alternatives,and operational scenarios. Deliverables 1. Summary of collected data TK —IDENTIFY CUSTOMERS, ESTABLISH DEMANDS This task will focus on establishing and prioritizing customers.Alongside with the City,the team will look to establish customers and anticipated demands.The goals in this process will initially include: • Developing a list of potential customers, updating the previously established list • Establishing a potential timeline of interest by the customer • Determining the desired/best point(s)of connection for each customer • Establishing flow and pressure requirements for each customer • Determining the anticipated demand pattern,expected peaks • Determining potential "flexibility"in the customers need (by demand management) • Based on the above data, prioritize the customers gagleI of 972 Mr.Jose Huertas Boynton Beach Utilities August 6,2019 Page 3 The primary goal of this task is to collect sufficient data in order to optimize the model and system design, with a focus on cost savings in the construction and long-term operational costs.The intent is to be able to optimize the model and potentially look to prioritize/sequence customers. Examples may include prioritizing pipeline construction segments,optimizing pipeline sizes and route, identifying where pressure control valves should be installed,and evaluating pump station and storage requirements. To achieve desired outcomes,this task is expected to include coordination with potential customers,such as: • Research into potential costumers(identify key water users) • Communications with existing or potential customers(email, phone calls, meetings) • Site visits to better understand customer needs(pressure,connection point,etc) • Establishing a potential timeline of interest by the Customer Carollo intends to work closely with the City and D-B Team to help identify and obtain plan for future connections.This may be an iterative process in some cases,and will require the City's close support in particular where reclaim water rates and supply requirements occur. Deliverables 1. Summary of customers with demands,other requirements. 2. Timeline of recommended customer connections TASK —HYDRAULIC MODEL UPDATE This task will utilize the existing City hydraulic model of the reclaimed system as a basis for updates.The previously developed model includes the existing system along with a conceptual plan of the future system. This task will focus on two primary goals: 1. Calibrate the existing system to meet current operations 2. Develop a phasing/connection plan for future customers(identified in Task 2) Using the results of Tasks 1 and 2, a detailed phasing/connection plan with flow and pressure requirement by customer will be established for input into the model.Where data is available, a specific demand pattern will be developed by customer type or by customer.The model was developed using InfoWater,a dynamic modeling software.The improvements to the model will remain in the same software. As part of the modeling process,additional field data will be collected in order to calibrate the current model such that it is representative for current flows and to help better forecast future improvements. Carollo will work with City staff to identify areas were pressure recorders or other SCADA data will be collected.This is anticipated to include the installation of pressure recorders(either temporary or via SCADA)by the City. Carollo will work with the City to identify practical installation locations which best benefit model calibration. gagle OI of 972 Mr.Jose Huertas Boynton Beach Utilities August 6,2019 Page 4 The model will be updated as follows: • Review,establish and agree upon current model demands and for the current reclaimed area, including calibration of the model based on available data. • Develop in the model the additional existing infrastructure to supply water to the identified customers, including flow and pressure requirements on extended period simulation(EPS)demand model. • Utilize SCADA data, record drawings, GIS and other available data to input parameters and create model scenarios forthe anticipated growth,applying peaking factors to the system. • Phase the model consistent with the planned growth determined in Task 2. • Create operational scenarios which include improvements to the system in order to meet the additional capacity.This may include additional pipeline, pump station improvements or offsite pump stations in orderto maintain sufficient capacity. During the model update,workshops are anticipated to provide open discussion and feedback from the City. This will include presentation of the model updates,open discussion of the results, potential recommendations,allow for feedback and additional input from the City and D-B Team,and include training as needed. Model results will be presented and discussed with the City as part of the preliminary findings priorto memorandum development. Deliverables 1. Workshop presentations 2. Updated hydraulic model 3. GIS data 4. Preliminary summary of the findings 5. Recommendations with summary and figures by phase TK —RECOMMENDATIONS AND CAPITAL IMPROVEMENTS The purpose of this task is to identify and establish recommendations for system improvements, based on model outcomes. Recommendations will be summarized from model results in the form of maps(generated from GIS/model data)along with descriptions of the potential improvements.The recommendations will be provided in phases as determined in coordination with the City and the D-B Team.Alternatives will be considered as necessary based on feedback from the City and D-B Team. Each alternative may consider a combination of improvements,such as pipeline or pump station. Based on the recommendations determined,a capital improvement summary will be developed.This will summarize necessary system improvements for the selected option.A figure will be developed which identifies potential pipe routes and pump station improvements, noting necessary data for the D-B team.As needed, GIS and hydraulic data will be shared with the City and D-B Team. It is assumed that the D-B Team will provide and complete cost estimates as required for alternatives and provide feedback on field conditions where adjustments are required in the system. gagle fI3 of 972 Mr.Jose Huertas Boynton Beach Utilities August 6,2019 Page 5 The overall summary of the findings,conclusions,and recommendations of the above tasks will be compiled into Figures and a brief Memorandum.The figures will be supported with GIS data files which will be shared with the D-B Team for project efficiency.The Memorandum is intended to provide a single point of reference for the work developed here. It will include the outcomes and results of the scenarios modeled, potential impacts,and recommendations for Boynton staff.Any other key intermediate deliverables will be included in the Appendix of the Memorandum/Report. Deliverables 1. Recommendation figures with summary by phase 2. Summary Report with Recommendations T —OWN ER'S REPRESENTATIVE SERVICES Upon completion of the recommendations,the City intends to utilize its selected D-B Team to complete the design and construction of the recommended improvements. Carollo will remain available with this task to provide support,coordination and recommendations with the City and D-B Team. This may include services such as: 1. Review hydraulics,demands which may change based on customers 2. Revise model if necessary based on changes to customer demands 3. Run additional minor model scenarios to address minor changes during design 4. Review design plans by the DB team to confirm the hydraulic goals are met 5. Assist with specific hydraulic recommendations for pump station improvements 6. Attend meetings or conference calls with the City/D-B Team 7. Conduct site visits if required 8. Perform other analysis or review of the design related to the reclaimed system as requested by the City Deliverables 1. Memorandum's or meeting minutes as required 2. Figures, GIS and supporting data TASK —MEETINGS/ PROJECT MANAGEMENT Project Management- Monthly progress reports,tracking and managing the budget variance based on actual versus budgeted, maintaining the overall schedule,and coordination with others. Progress Meetings- Progress meetings will be held monthly(or as required)to discuss the progression and direction of the project, milestones that have been achieved,current work efforts, budget,schedule,and any issues that may arise. Workshops-Workshops are included in previous tasks. Monthly Progress Reports- Monthly progress reports will be prepared that discuss the work conducted and by whom during the month, budget and schedule status,and work to be completed by the next progress report. magleI4 of 972 Mr.Jose Huertas Boynton Beach Utilities August 6,2019 Page 6 Communications- Project management will include general communication among Carollo, Boynton and D-B Team staff members for overall facilitation, and to ensure that the project is completed on time and within budget while meeting Boynton's goals. COMPENSATION The total compensation shall be on an hourly(time and materials)basis,as shown in the table below.The rates are based on the limiting hourly rates established in Exhibit A to the General Consulting Services Agreement. 1 Data Gathering $ 12,132.00 2 Customers,Demands $ 25,458.00 3 Hydraulic Model Update $ 38,002.00 4 Recommendations and Capital Improvements $ 23,840.00 5 Owner's Rep Services $ 65,972.00 6 Meetings/Project Management $ 24,104.00 Total $ 189,508.00 CLIENT shall make payments to Carollo for services performed for this task order in accordance with Section 2 of the Agreement, and in accordance with the following requirements: • Mileage will be charged at the IRS Reimbursement Rate of$0.58/Mile • Rates and factors underlined in this section are subject to adjustment on an annual basis. SCHEDULE The following items will be completed within the timeframe indicated: • We understand that the schedule may be driven by the City and D-B Team Schedule. Carollo will work within the City's schedule to the extent possible in order to meet project needs. • The overall schedule over the D-B Project is schedule over 60 months. However, it is anticipated that the majority of this task order will be completed within 6 months of the Notice to Proceed. PROJECTI The CLIENT shall furnish the ENGINEER available studies, reports and other data pertinent to the ENGINEER's services;obtain or authorize the ENGINEER to obtain or provide additional reports and data as required;furnish to the ENGINEER services of others required for the performance of the ENGINEER's services hereunder,and the ENGINEER shall be entitled to use and rely upon all such information and services provided bythe CLIENT or others in performing the ENGINEER's services under this Work Order. gagleI of 972 Mr.Jose Huertas Boynton Beach Utilities August 6,2019 Page 7 The ENGINEER has no control overthe cost of labor, materials,equipment or services furnished by others, over water, reclaimed water,and/or wastewater quality and/or quantity,or over the way the CLIENT's plant(s)and/or associated processes are operated and/or maintained. Modeling results,data projections and estimates are the ENGINEER's professional opinion based on the ENGINEER's experience and judgment. The ENGINEER does not guarantee that actual water, reclaimed water, and/or wastewater distribution system operational characteristics will not vary from the modeling results,data projections and estimates prepared by the ENGINEER.The ENGINEER is not liable to,and does not indemnify,the CLIENT,or any third party relative to inconsistencies between the ENGINEER's hydraulic modeling results,data projections and estimates and actual water, reclaimed water, and/or wastewater distribution system operational characteristics realized by the CLIENT or any third party in the future,except to the extent that such inconsistencies are determined to be the result of negligence or errors or omissions on the part of the ENGINEER. SUBCONSUILTANT PARTICIPATION Due to the specialized nature of this project and ourfamiliarity of the hydraulic model, no sub-consultant participation is anticipated on this project. gagle 6I6 of 972 cc V Z LU V Z �„ va V) LL o 0 0 0 0 0 o 0 0 0 0 0 oO0 fV 00 N O N 00 150 �b101 cq 0 0000 rn o L N m N 0 N 00 fR tR fR fR fR 1f1 ;t, p 0 O O O O O O O O OC) O SISOD IDaJI4 JayIO o 0 0 0 0 o c N o 0 o o (3) rn Ln rl- 4 i 4- m O 0 0 0 0 0 0 C) ti 0 0 0 0 0 0 CO ISOD Joge� Ie}o1 o N 000 It o � c 01 i rri n' rri rr ni r-i m � � � H sJnoH Joge� jejol 00 00 o Ln 0 � o rl N r-I M r-I leDIJaID/6ulssaDOJd lu@Lun�04 � w 0 Jau61sa4 Joivas-zalezuo9 ueLuJaE) It It 00 r � Jaaui6u3-ooyDe8 L'1!1 I!N oo N Jaaui6u3-iuiJeW Jadiunr I'D 0 (Do It c oN 's .� rl N It ®. Jaaui6u3-aaAON leun>l H oN o M 0 00 N r14Jaaui6u`3 Joivas-AJO6aJ9 eDya6uy mC m � CD N It Ja6eueW loafOJd-spaeHDId JJODS 0 0 r14mo 0 (D c I r14 ItN DO-lediDuud-Ajan13 al!N N N oo It oo N N lediDuud-'3'd'eMellfn3 zipN r" N N 0 m N s v v Ln Ln i 91 t6 u Ln E0 Ln UJ r0 C N C Cal m -O ++ f0 i Ln o- m rro a) i v r�i 0 r i t E d �ri � io J T= u in Ln 41 rn rn rn O in u -O rn i rn p t,•j O 41 91 �. 7 ' r0 ro r0 7 N r0 r0 N C r0 N r0 i m o� Ln 1- 0 H V D H H r6 H Lnr H d 2056 Vilst,_F,'rl r 'y.Suite400,`XI lst Pa Irr1 Beach,F Iorida' S'Ali Engineers—Working Warders With Water P.561.t r S.r400 F.561 sC r4tt1 Please contact us if you have questions or comments.We look forward to working with you on this project. Sincerely, CAROLLO ENGINEERS, INC. Elizabeth Fujikawa, PE, LEED AP Vice President EF:tb WATER OUR FOCUS OUR BUSINESS OUR FRAyOU8 of 972 7.D. CONSENT BIDS AND PURCHASES OVER$100,000 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Approve a change order in the sum of$269,412 with Haskell for the District Energy Plant to provide funding to install a 350 ton "swing" chiller. This will result in a revised contract total of$10,716,956 for the plant construction, and a revised purchase order total of$8,765,996. EXPLANATION OF REQUEST: District Energy Systems is a new utility enterprise established to serve the new downtown area with chilled water . This system provides customers with energy at a lower cost than traditional onsite cooling system along with lower the overall carbon emissions to help meet the City's commitment in lowering its carbon footprint. Based on current customer commitments and overall capital and operating costs, the utility is able to offer this service at a lower cost to customers than traditional systems and operate with positive revenue within 36 months of the start of operations. The District Energy Plant was designed with two 1500 ton units and space to install a third unit as additional customers were added to the utility. The units are design to operate within a range of 400 tons to 1500 tons based on customer demands. Summer demands are much higher than winter demands so this range was adequate to meet the customer requirements as provided to the City. The third unit in the plant would be adjustable to account for variable loads during peak and non-peak seasons and the first two units provide full capacity and back up capacity for all planned loads. Due to the delays in the timetable for construction of the private developments, the cooling system demands from the City owned building that will be placed online this fall are below the minimum operational capability of the 1500 ton units. This change in demand will require the utility to install the third chiller to provide chilled water in the interim conditions earlier than planned. The project team have identified a 350 ton chiller that can be install at the District Energy Plant to provide chilled water in the swing zone. No additional cooling towers are needed at this time. This third unit will assist with efficiently providing chilled water as the other buildings come online. In addition the unit will be available as a backup during maintenance and cleaning periods. The additional costs have been included in the financial analysis of the utility and will not affect the long range financial strength and will lower operational costs during the first several years of operations. Staff recommends approval of this change order to purchase and install a third chiller unit to meet the current customer requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The addition of this unit will enable the District Energy System to provide full service to all customers as they come online. Both the new City Hall and Fire Station#1 will need service around November time and the Old High School will take service as soon as the new unit is online. There will also be potential energy savings in how the chillers are run depending on the demand profile. FISCAL IMPACT: Non-budgeted There are funds available from the $11 M bond issue that was specifically floated for this project. Page 679 of 972 The difference between the contract and purchase order values results from cost savings associated with the City making direct purchase of large ticket items to save on sales tax. ALTERNATIVES: The only alternative would be to hire temporary units for each of the impacted buildings until the total demand for the District Energy Plant meets the minimum workable loading of the 1500 ton units. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Addendum Haskell Change order request Addendum D B IA Standard Agrrement for D Addendum D IA DES General Conditions Addendum DES original PO Page 680 of 972 4► HASKELL Change Order Request Boynton Beach District Energy Service(DES) Project# 4400201301 208 NE 1 ST ST Tel: 904-545-8311 Fax: Boynton Beach,FL 33435 Change Order Request: 0028-R0001 Date: 8/21/2019 To: Colin Groff From: Chris Ware City of Boynton Beach The Haskell Company 124 E.Woolbright Rd 111 Riverside Avenue Boynton Beach,FL 33435 Jacksonville,FL 32202 i� �ti�ti+dri L��t��c�ty y` ti�tu� x Furnish and Install 300 Ton Swing Chiller DES Pending Approval l i r ws Regti'i`i 11 E# T�me`I#e ju t tr Whtt#e`4udst. 8/28/2019 30 $269,412.00 This Change Order Request is for the design,furnish and install of an additional 300 Ton used Trane Chiller. This includes design costs and all other costs neccessary to complete the installation and start-up of the chiller.. We have also included a 1-year service agreement from Trane for this chiller. Note that Trane will not provide a warranty. If the city decides they do not want this 1-year service,it will be credited. Also included in this pricing is a$10,000 Allowance to rent and install a temporary AHU (and Generator)that can be connected to the Chilled Water Loop somewhere to waste enough heat to be able to start and commission the two 1,500 Ton chillers.Trane has stated they need 50%load on the large chillers to be able to commission them and without this rental AHU,there will not be enough load to commission the Chillers until the private development comes online or maybe the summer of 2020 with higher heat loads. °'PG 'N� d�t� Ar�`itluftt ,da�r�,l�eq Re�s#li'i 0051 8/20/2019 Furnish and Install a 300 Ton Swing Chiller $269,412.00 30 Item No Item Description Amt Prop Reference 0001 Furnish and Install 300 Ton Used Trane Chiller $187,414.00 0002 Install new electrical and Power feed for swing Chiller(ROM) $30,000.00 0003 Allowance to Rent and Install Temporary AHU to Waste Load $10,000.00 to start-up and commission two 1,500 Ton Chillers 0004 Revised Design Documents $4,500.00 0005 Contingency 5% $12,000.00 Level 1 1.00%Subguard $2,439.00 Level 2 1.00%P&P Bond $2,439.00 Level 3 Builder's Risk Insurance $1,220.00 Level 4 6.00%Design-Builder's Fee $16,166.00 Level 5 1.2%GL Insurance $3,234.00 Approved by: Signature Date Printed on: 9/6/2019 Page 1 of 1 Page 681 of 972 k Southeast Mechanical Contractors 8/18/2019 Haskell 111 Riverside Ave. Jacksonville,FL 32202 Rc: Boynton Beach CEP Change Proposal 8D 2018-005 Ben, The following is our cost associated with the provision and installation of(1)350 Ton used Trane chiller. Chiller cut sheet included. Service contract of 1 year included in lieu of warranty(no warranty available). Division 26 to coordinate electric service-lugs provided as shown on submittal sheet page 8. Chiller provided as is-any further modifications to be priced separately. Our price to provide the scope of work as outlined above is: One Hundred Eighty Seven Thousand Four Hundred Fourteen Dollars and No Cents 5187,414.00 Please issue a change order in this amount depicted above. Attached is a summary of all of the costs (additions/deducts) associated with this proposal. All of our original inclusions and exclusions sent on our original proposal still apply. Feel free to contact me should you require any additional information. Sincerely, G 43-� Ryan Hasko Project Manager Page 682 of 972 k Southeast Mechanical Contractors SMC Proposal #: 8D Boynton Beach CEP Project Manager: Ryan Hasko 2018.006 RFP/RFQ#: Proposed Addedi er- se Option Date: 8/18/2019 DESCRIPTION TOTAL COST TOTAL Equipment&Material HVAC Equipment 50,000.00 Other Materials &Cost (Hangers/Supports) $3,000.00 Equipment Rental $500.00 Pie Valve & Fittings $14,000.00 Control Wiring $500.00 1 Year Service Agreement In lieu of Equipment Warran $4,326.00 $0.00 $0.00 Tax @ 0.07 % $5,062.82 Subtotal- Equipment& Material 77 388.82 Subcontractor Sheet metal $0.00 Temperature Control $10,500.00 Insulation $15,120.00 Test and Balance Sch. D $1,500.00 Excavation $0.00 Crane $11,650.00 Carrier $4,000.00 Subtotal-Subcontractor $42,770.00 Labor QTY/HRS UNIT PRICE Mechanic 440.00 54.25 $23,870.00 Technician 8.00 92.87 $742.96 Mechanic Overtime Labor 0.00 81.37 $0.00 Draftin /CAD 8.00 90.41 $723.28 Foreman Labor 67.20 67.40 $4,529.28 Superintendent Labor 22.40 74.63 $1 671.71 Subcontract Supervision $2,138.50 Total Hours 545.60 Subtotal- Labor $33,675.73 Total -Direct Cost $153,834.55 Indirect Job Costs Permit Fee $0.00 Material Handling $2,000.00 Small tools and Safety% of Labor $2,500.00 General Conditions-Job Site $0.00 Warranty $2,321.66 Composite Clean U $0.00 Total -Indirect Cost $6,821.66 Change Proposal Cost $160,656.21 Overhead 10.00% $16,065.62 Subtotal w/Overhead $176,721.83 Markup 5.00% $8,836.09 Subtotal w/Markup $185,557.92 Bond 1.00% $1,855.58 Change Proposal Total $187,413.50 Page 683 of 972 Centrifugal Chiller Job Information 2007 Water-Coaled.Rental Services (225,350,1000) 2 J Supply TRW 6 (AO1)Parts Sales Tag CTV-1 Model number Quantity 1 Certified In accordance with the WatervChiIling Packages Using the Vapor Compression Cycle Certlflcation Program,which i5 based on ARI Standard 6501591). Sound pressure measured in accordance with ARI Standard 575-94- AS H RAE 75-94_ASHRAE 90,9 compliance Out of scope �+ <:::� LO 3 Unit Information C� Model . CVHF Evap tube type IECU Compressor size 35D Evap tote thickness 0.028" Motot size 257 Evap passes 2 Motor frequency 60 Hz Cond shell size 050L Motor voltage 468 Cond bundle size 500 Impeller size 285 Cond tube type IECU Orifice size 545 Cond tube thickness 0.035" Evap shell size 050L Cond passes 2 Evap bundle size Soo Design Information Cooling capacky 385,0 tons HCFC 123 refrigerant charge 750 Ib Primary power 225.0 kW Shipping weight 18350 ib Primary efficiency 0.587 Wlton operating weight 20868 Ib IPLV O.S45 kWftcrn Sound level 80 dF3A Wye-delta starter type Unit Mounted WyeD Green Seal certification No Applicaticin type Standard coaling Free cooling option No Heat rejected into equip room 3.86 MBh Evaporator Information Condenser Information Evap leaving ternp 44.00 F Cond entering temp 85.00 F Evolp flow rate 920.2 gprn Cond flow rate 1151.2 gprn Evap entering temp 53.99 F Cond leaving temp 94.43 F Evap flowicapacity 2.39 gpmlton Cond Flowlcapacity 2.99 gpmfton Evap water box type marine Cond water box type marine Evap pressure drop 17.62 ft H20 Cond pressure drop 15.81 ft H2O Evap fouling factor 0,00010 hr-sq ft-leg 17113tu Cond fouling factor 0.00025 hr-sq ft-deg FfBtu Evap fluid type water Cond fluid type water Evap fluid concentration NIA Cond fluid concentration N/A Evap water box pressure 300 prig evap, water pressure Cond water box pressure 340 prig nand.water pressure Evap min flaw rate 192.20 gpm Electrical Information Motor LRA 1933 A Min circuit ampacity 404 A Primary RLA 316.4 A Max over current protection 700 A 619812047 Product Version 27.06 Sale ionoode revlslon level 550$6,0 MiC1E111C9ttS00 Page 9 oft Page 684 of 972 . ue y mAo ueritwug&t;n Ar »w q aTer-umea,henTai berweasw b;w,mq mrns;0TV4 Cqy: 1 Tags.CTVg 6/1 m7 B;56;03 AM \/ _ Lu gg ' / < \ <� /§ \« / M. % z u 8 k2 \ ± §§ )\ _ Luo �o m m LL 9 ,3 21. ¥ — �-- \ g ƒ v } m k ) LU § \ Nk ]� \ \w=Q§w j/IV§ m zWmo m <==z . 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Page 691 of W2 7 .CenTra ac Getritugal Gtilller �0107 VVale r-Qoolep,Hental`,;;Orvlcas(225,350.7000) Itorris;GTV-1 " Qty_- I Tags'CN-1 1 &1 B/2007 8;513;as AM EFTKDNAL WTDWHAFLTE7A'EMrIJFr= i1GT[Y.o'�51,=.41� 4MVM 10A C111D 0 L± Ll Fab#t3TALLTOM 4-Yorc I I I CZATKW I p 4µ7 WcTm 4AI M70R 7FR.iwl COMJ3.'T�CB 7E77'dF111.CC1Fr�tiPrlC#ti I I 44 U1ErCkFR9:-rTUFD n T9 TJ -I T6 Tc Ti Tl 7 T+ T3 Ts r3- LI`FU0I.7ACf r { H,D s�_,LLkiTNu,FrV,TtT I I I I I I I I � G`17 L1 L2 L3 ri 72 Ta r4 TS TO Ti T2 T9 I I I I OP110h14L TRE SIPL'so I_L I I I I I I I I I GWiiP10LFCk%MTFMSFCRvl=9 1 1 1 1 1 1 I I I 0 0 0 0 0 ] } {] ] ] 0 WARNING D L7 2E Le Tl TS Ta rt h Te 71 1.2 la I HAZAFS10LaVX-rAI3R usxersa:i�a m'�m�-uc - 21110R2aJOEIDC1F. 1WE-DELTA,F!L'NFALITYK !.WLTA IWDIZIPPL HGYrWkT I lewlen'n --1sxn-a.:a.�oolor 9112 .�iANALEUDIX MaWDEWEETAPREi 90-EFSrATESTJAlFF2 ,ra Taomx�r�n�oLr.mrAMlx I uarrnLvrLuaoF vaH:i" 1.'r DM:LBE&BTSy4YT+A=in u^i I WsiL+9.E9�E1pDi�ti It3ns 13 uu= Frt Fr.>VO.E rn'JF:99,7 ri[sr. f47 I &AVEnSSE-MENT I ` P ACR TMJE16LES 1E�OM�I CJWAiFl LiX�.T371fE1R5 A 17 IM E.I-—I I I LE4 P�➢Lt7lER IE LEi.R'-fl.E ET DES I [TI1P.tiM AVANT 711TE 9rER E6m:!L 2M D- n0 I VL-UIER GII_TIM LS MC IM ATEJR2 .12 TES"3IEIR5 87117 319hdR a ZW LE Cf3 "o I truLITtt CM31FrAhT LEY Ek RAIILE-FAT2 L,Y1Ilsie rEuE WAiE IAILG, If-BRIM K-a I _ n C I myu x Lcxra+aa xr vn F- - 2 I a P PPM.R:R Q3G-]1EhTEUR& M yP +C PAS AW't{.PI SKS>' AE;GC Oa �6 P�Nkr1f)4 MIT ENITROER GES 3-ESW;:E .3 G a. b REMOTE MWMTED ca,vEa PDu,+Ar URE IExTsll s _-- ,A, --- o STAR=PANEL SHOWN 11I-RTEN 1,4 __' 10A...—- 10 a aR I rV]LTAJE HLIMM'11 "" �.0 STARTED PANEL VVI RING IS I EKLU"ULAI`� n1�">ooEE�Es�4"REhEiracmislrh ° I M . a^ .s ra FACTORY INSTALLED ON Lor s��R•aEII AL ff�'�IC1L�9-OM- 1 9E P.E MC[IS LDS JW CrrGR:Z G0."TCR °" °8 UNIT NIOUNTED STARTERS "PAYIN .,LASM L�"mAH] ma EE DEAL-WEIIIIIA I I 12a i ao IE WOW Paa v+x1+x r CWdL E LAT > I Ih&wLED! 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ELPPLYffim I UE NAAERATE;HWAlY URCL1YJAF}O fY kvresLs%m P. 00WTW(fn=L0WVQTAM-M51W1r0 T1T10LWMTAG'-(IiM In,v r1oC�hV,ti w=a ATL1xU4m(LA%r, &4DD0N0T4.PMMUUC'N .MM<- -RAND3TAffr-IT FLEA'kYY:`CR; ,.7Fa-kLLfiJDR1FuM 11G W4G S. EVArADPATCP.AMM%%M5c�Y7A.�FLQYSM-21- AIM FSOLIFEO 1.1,yAi.rlAXl1FFS Arowj TC7C1NTAINDFr1TCU'1TYCT&TFESEHU351EFI-M- 111rHi;S Y rIw1Emsa=1 ED PAR so%I-tAX-EWMim*FT arItGGFAN74kTRESwR}IM*PATFA,%00 W-SWr{nC- fBEI0 NTVPEUffl FE UAf3C=_-I P?0P0RITCRAh1D0)F1D1NSMR1'R3 TFEf.'•UFT BE PMALLED AND H1UEDT4TFrT k%F4 LRri CLNrFicm.PAW.RF7Ff INSTALLN3 ESV,M:r,5e AND 43' C1minF!,GGCEMAT7.4%m VP.0 IPI I.l0 A%r.MW SEE CONTRE7Kn-I1fP.FK3-4 CFFUM&NITFM FPWTPL=IE WI OA- sm-11- JE'`..i# a,4DG.IBM WAST&rU sRM.4fGh4LYY'.rfWE C41 07r-ow ri"WTxm Jm7mrfFL4mr-Fs_ s&-m-mmE-i X114 {HC MWAURUM 21R.TC CL =.1+9 FP.Q:M%AT I ISWC TFEU TFGR FE1D1 rALLAT1CM FEFEITU7FE LNTItZrALL-100 GFEMLLICTLTAiVa-S uf1L'IGM+]SWfCSta LT1EPA.744EFORIN3TA1LJnU?CPTKMAT-jfMEW E. 'TAPPED CONTriCLGOND4 0M Q wpfos moi_RmERTw� i-=Rr_pmcvnorU1SPramHr. WIT 1A,2 N3rrL7-W Fah LvLREZA.p]k4Fm-r011{1-:ifh7 (L=MEl ET)L=M PANEL o'aLM k%7'E E C7C##2MM CFE7==&2W TDTI-E IJ3-7R ICIMYk0M IT 19 C U=FEr lY Sl+]AN CN 17€1. TOPES DlmensiorL Drawing ALL WEIGHTS AND DIMENSIONS ARE APPROXIMATE. CERTIFIED PRINTS ARE AVAILABLE Ll PON REQUEST. Page 692 Of W2$ f salectlLon su=Lary 2p47 Rater-Cppled,Rental services i225,350,100U1 Repo= Date; 7{31/2647 Description; Centrifugal C:IjI .er-354 too PrQ lrt; Centrifugal Chiller 6rQduct Code: 0347 Price Date; 5/7/2047 } Ship Cycle: Q'azntzty; z Q4 T&43fn4 f��1 r,TV-1' Qpt:Lon and Prioing summary Produr_t mndule/Option Description Desicn List Net Design Qty Per Cztngory Code Auto Charge Unit 3ase unit module NQrth America region DSTR PAR 2 Stagu direct drive MOUL CVHF 350 Nominal ;,ons 186,51a 0 NTON 356 CH S30 controls CNIP Ci53 Without iadustrinl chiller package 0 o INDP No 60 Hertz unit HRTZ 60 460 volt 3 paase VOLT 66p 257 ko? Crnrprassor raptor $p hz CPRW Z57 Impeller cutback CPIM 265 Single stage standard econQnizer 0 0 ECTY SLEC Standard cooling APTY STP 500 Ton long shell evap. 0 0 EVSZ 0501 540 Nominal ton evap_ 72,585 0 EVBS 500 1.0" Internally enhanced cu, tubing EVTN, IECU _029" Tuhs wall thickness evap_ EVTH 28 Fluid type = water EFLD KATE Marine waterbox evap_ 13,979 9 EVWT YAR standard waterbox construction 0 0 E-JY7C 5TD Two pass waterbox evap_ LVDP 2 306 prig evap. water pressure EVPR 300 victaulic connection evap_ 4 0 EiTCO VICT In LH ffonL - out 1H rear EV➢PP_ LFLR 500 Tor_ long shell ccnd_ CDSZ 050L 500 Nominal L-on Gond. aI,65Z 0 CDES so0 1.0" Internally enhanced cu. tubing CDTM IECU 035,r Tube wall thickaess Codd. CMTH 35 stardard condenser construction 6 0 CDTY STD Fluid type = water CFLD WATE marina waterbax coed_ 23,011 0 CDTmT [•LAR Standard wazer-box construction 4 0 CDLiC $TI} Two pass waterbox Gond CDW? 2 300 psig coed_ water pressure CDPR 300 victaulic connection gond, 0 0 ellm VICT In LH rear - out LH rear CDStiA LRI,R Stan3ard tube ghaGt oonstruct;an TZTY STD 545 Nominal ton Orifice ORSZ 545 fl-L. listed (United States requirement) 170 0 AGLT UL Standard nir run and vibration. 0 0 TEST A!R_ standard air run and vibration TTOL AIR 1_y_ar (plastic) logo 0 4 WUNM SNM? Don't apply special ton tolerance ASTT N¢ Don't apply special, kw/ton tolerance ASHT NONE Dpmestic sh_pping package without skid SPHG DOM Unit =nsulation package 16,577 0 INSL 5TD separable she110 with cmpR, dauelxng 11,71)$ p SOM SPS/ Green Seal not qualified MZL NO Out of scopo A$CL OTJT$ Operating Statuiq 443 0 OPST YES With enhanced nratection 1,513 6 EPRO YES RuptureGuard-relief valve-field install 6,456 0 RPGD YES jAccessory lure item 1 ACYL ACYL Accessory li742 item 2 Ar_Y2 nCY2 Accessory line item 3 AM ACY3 Trane Supplied Refr_g. 0 0 RST Yes Rye-dell-a starter usrit/remote rnountmed 'rye-llelca Starter- WaNFUDL CVSK UVt.d ?Tye-Pelta Starter 17,9153 o e?DSRTY USTR 346 maximum Rl`k WDORRL 3a6 page 1 of 3 Page 693 of 972 Circuit breaker 3,735 0 rmDPNCO CB 32p maximUm Cpnnection RLA 4715p�:U 330 Extended warranty YAR territory only NQ parts. warranty unit p p UN ITI NONE No parts leas motor L ampr warranty 0 0 UNLC1 NONE No mot=or & compregapr warrZntry 0 CMPR NONE 1st year labor warranty wnole unit 0 0 LBR1 YR1 'fatal (Each) 396,508 0 0 QuanL-ity 1 1 TaCI (Expended) 36,548 4 0 Unadjusted Grand Total 3%,548 Model Npml}P_r FCLT-LAX - --- MQDL-CWNTON-350 CNIF-CE53 LENR-NO IVDP-ND ERTZ-66 DOLT-466 CPK -357 CPIM-365 ECTY-N/A APTY-STI} EV9Z-050L EVBS-500 EVT7'-IECIJ EVTH-2B 1:4LD-StiATE 051 T-MA R EVWC-STD EVWP--2 EVPrz-300 EVCO-VICT EVKA-LFIR CDSZ-050L CDag-560 Cr}Tr4-73C7j CDTH-35 CMY-8TD CFLD-RATE CDi7T-MAP CDWC-5TD CDwp-2 CDPa-300 CDCO-V1C1 CDWA-L_UR TSTY-STD CRSZ-5�-5 AGI,T-DL TEST-A=R TTOL-AIR WC.7d-SNMS AST?-NO UKO-WM I{GBP-A/Q FRCJ,----- IN$L-YE$ 0PTI-CPD71 AAZ-YES OPST-YES EPRO-YES RPGD--YES REFG----- STRM-CVSK SRTY-U5TR SFRI,-3f6 PNCO-C3 SPCG-320 Ordering Nurnbar Summary bastion Descriotian Part Number let year labor warranty whole unit 2715-2114-03-50 Uri�C r?er�ozx0.atlCe Tagging: 0TV-1 DC3cription Valuc Unit o= Source measure Ea u unit Mcdulc Nameplate kw 22[>-00 k% PROD$3L Nameplate RLA 315.40 A PROD53L Nameplate MCA 404.00 A PROWRL Nameplate MRCP 706.00 A PRODSEL Primary tans of refrigeration 385.00 Con; PRODSEL Primary kW 226.00 kSti PRODSEL FY=mayy EI-k 315.40 A PRODSEL Motor locked rotor amps 11)33_U0 A Pl2ugrm Minimum circuit ampacity 40 .90 A PRODSEL MRXj.rnum ovex ouzxert P,:otection 700900 A PpD12sm Primary kW/t 0.587 kW/ton PRODSEL IPLV 0.545 kW/ton PRODS 3vaporator ent:er9nq fluid �enp 53999 3 PP-OWEL avaparator min'-mum flow rate 192.24 gom P9!ODSEI Evaporator leaving fluid temp 44.00 F PROIDS� LmporaCor gallons per minute 920.2 gpm PRODSEL Evaporator pressure drop 17.62 ft E20 PRODSEL Evaporator fouling factOY o.P061P hr-sq ft-dcg PRODSEL F/&Cu Evaporator fluid concentration 0.00 W PRODSEL Evaporator fluid velocity 7,IB £t/s PRODSEL Evaporat-or xefwxgera-1t saturation tempo 4094 . F PRQDUI, Evaporator gWton 2.39 gpm/ton PRODSEL condenser entering fluid temp B5.00 F PRODSEL Condenser leaving fluid temp 94.43 F PPODSEL Condenser gallons per minute 1151.2 gpm PRODSEL condenser pressure arpp 15,6 ft B20 PRODSEL Condenser fouling factor 0.00025 hr-sq ft-deg PRODSEL F f 3C.0 Condenser fluid concentration 0.00 & PRQ175EL Condenser fluid velocity 7.30 fC/s PRODSEL Condenser refrigerant saturation temp 9V-1)7 F PRQDSEL Condenser gpn/ton 299.9 gpm/ton PRODSFL Page 3 of 3 Page 694 of 972 xcvc 123 refrigerant charge 750,0 =b PRODSEL Unload to °s 85.00 1� PRODSEL Full 1pad sound pressure 80 d&A PRODSEL =flet guide vane position 68.30 deg PRODSEL cpmpregapr RPM 3560 rpm PRODSEL Sclectio7 coda revisio7 lovel 55086 Each PRODSEL Shzppin7, weight 16350.0 Ib PRODSEL Operating weight 80869.0 lb I?ROD33L Feat rejecL-ed ino equipment room 3.86 [Bh PRODSEL ARI 550/5$4-03 clas�ifica4ion Certified Racy, PRODa3L O-)timization moan kW/TON Each PRODSR✓ Search level comprehen�j Each PRODEn Impeller optimisation Yea each PROMM Selection ID 11?11?1100 Each PRODSEL Maga 3 of 3 Page 695 of 972 Ryan Hasko From: Del Valle, Rafael <Rafael.DelValle@trane.com> Sent: Monday, August 12, 2019 4:02 PM To: Ryan Hasko Cc: Jorge, Jorge Subject: RE: Boynton Beach CEP (2018-005) Chiller Cost Attachments: As Built Drawings - HDW - 400T.pdf;As Built Drawings - RTHD - 374 tons.pdf Follow Up Flag: Flag for follow up Flag Status: Completed Please see the attached cut sheets. The add to bring these chillers into the controls is$10,500. 1 will forward the Revit files once I get them. Regards, Rafael Del Valle Account Manager Trane—South Florida 754-235-0412 Cell 954-206-1113 Fax From: Ryan Hasko<rhasko@semechanical.com> Sent: Monday, August 12, 2019 11:24 AM To: Del Valle, Rafael <Rafael.DelValle@trane.com> Subject: RE: Boynton Beach CEP (2018-005) Chiller Cost Alert: This is an eternal ernail. Rafael, Can I get cut sheets please? Sincerely, Ryan Hasko Senior Project Manager Southeast Mechanical Contractors 2120 SW 57th Terrace Hollywood, FL 33023 i Page 696 of 972 % �� • • GROUP CORP Change Order: CO-08190269 INSULATION MECHANICAL INSULATION PROPOSAL August 13,2019 Southeast Mechanical Contractors 2120 SW 57th Terrace Hollywood,FL 33023 Project: Boynton Beach Central Energy Plant Address: Boynton Beach,FL Scope of Work ADD 1.Insulate chilled water piping for added chiller Net Change Order Amount=> $ 15,120.00 Osorno Group Corp 10831 NW 29th Street•Doral,FL 33172 Page 697 of 972 DBIA STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN- COST PLUS FEE WITH AN OPTION FOR A GUARANTEED MAXIMUM PRICE Document No 530 Second Edition 2010 ©Design-Build Institute of America Washington, DC Page 698 of 972 IDBIA TABLE OF CONTENTS Article Name Page Article 1 Scope of Work 2 Article 2 Contract Documents 2 Article 3 Interpretation and Intent 2 Article 4 Ownership of Work Product 3 Article 5 Contract Time 4 Article 6 Contract Price 5 Article 7 Procedure for Payment 13 Article 8 Termination for Convenience 16 Article 9 Representatives of the Parties 16 Article 10 Bonds and Insurance 17 Article 11 Other Provisions 18 Page 699 of 972 BIA Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the 6th day of September in the year of 2018, by and between the following parties, for services in connection with the Project identified below: OWNER: (Name and address) City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 DESIGN-BUILDER: (Name and address) The Haskell Company 111.Riverside Avenue Jacksonville, Florida 32202 CONSTRUCTION MANAGER: (Name and address) E2L Real Estate Solutions, LLC 1400 W. Fairbanks Ave., Suite 201 Winter Park, Florida 32789 PROJECT: . (Include Project name and location as it will appear in the Contract Documents) District Energy System (DES) building and chilled water piping distribution system. In consideration of the mutual covenants and obligations contained herein, Owner, Construction Manager and Design-Builder agree as set forth herein. .. ................._.___...... _ .e.... ._. . DBIA Document No.530 Page 1 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP ©2010 Design-Build Institute of America Page 700 of 972 Article 1 Scope of Work 1.1 Design-Builder shall perform all design and construction services, and provide. all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. Article 2 Contract Documents 2.1 The Contract Documents are comprised of the following: 2.1.1 All written modifications, amendments, minor changes, and Change Orders to this Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder(2010 Edition) ("General Conditions of Contract"); 2.1.2 This Agreement, including all exhibits; 2.1.3 The General Conditions of Contract, DBIA 535, as modified; 2.1.4 GMP Exhibit referenced in Section 6.6.1.1 herein, dated 09/05/2018, or, if applicable, the GMP Proposal accepted by Owner in accordance with Section 6.6.2 herein; and 2.1.5 The Town Square Redevelopment Phase 2 Services Agreement, dated March 23, 2018, by and between Owner and Construction Manager and the related exhibits and schedules. Article 3 Interpretation and Intent 3.1 Construction Manager is an agent of and for Owner, and has been engaged by Owner to oversee and manage, for the benefit and on behalf of Owner, the Project and the services of Design-Builder required by this Agreement. As such, decisions and directions of Construction Manager, given or directed towards Design-Builder, shall be on behalf of Owner and Design-Builder shall be entitled to rely on such decisions and direction as if made directly by Owner. Further, where "Construction Manager" is used throughout the Contract Documents, it shall mean, for purposes of binding Owner to all obligations herein, "Owner and Construction Manager." Notwithstanding anything to the contrary set forth in this Agreement or the other Contract Documents, Owner is legal title holder to the Site and the improvements thereon, will have exclusive use and occupancy of the Project when completed and is exclusively liable to Design- Builder and the Indemnified Parties for any and all payments relating to or for all Work performed and all obligations to provide the indemnity set forth in Section 4.5 below, respectively. Owner, Construction Manager and Design-Builder are sometimes collectively referred to herein as the"Parties." 3.2 Design-Builder and Construction Manager, prior to execution of this Agreement (and again, if applicable, at the time of acceptance of the GMP Proposal by Owner in accordance with Section 6.6.2 hereof), shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Design-Builder and Construction Manager will discuss and resolve any identified conflicts or ambiguities prior to execution of this Agreement or, if applicable, prior to Owner's acceptance of the GMP Proposal. DBIA Document No.530 Page 2 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP ©2010 Design-Build Institute of America Page 701 of 972 3.3 The Contract Documents are intended to permit the Parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of this Agreement, Design-Builder and Construction Manager shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. 3.4 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract, unless otherwise defined in a Contract Document. 3.5 If Owner's Project Criteria contain design specifications: (a) Design-Builder shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any performance specifications; and (b) Design-Builder shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 3.6 The Contract Documents form the entire agreement between Owner, Construction Manager and Design-Builder, and by incorporation herein are as fully binding on the Parties as if repeated herein. No oral representations or other agreements have been made by the Parties except as specifically stated in the Contract Documents. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design-Builder to Construction Manager under this Agreement ("Work Product") are deemed to be instruments of service and Design-Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights and/or patents, subject to the provisions set forth in Sections 4.2 through 4.5 below. 4.2 Owner's Limited License upon Project Completion and Payment in Full to Design-Builder. Upon Owner's payment in full for all Work performed under the Contract Documents, Design-Builder shall grant Owner a limited license to use the Work Product in connection with Owner's occupancy of the Project, conditioned on Owner's express understanding that its alteration of the Work Product without the involvement of Design-Builder is at Owner's sole risk and without liability or legal exposure to Design- Builder or anyone working by or through Design-Builder, including Design Consultants of any tier (collectively the "Indemnified Parties"), and on the Owner's obligation to provide the indemnity set forth in Section 4.5 below. 4.3 Owner's Limited License upon Construction Manager's Termination for Convenience or Design-Builder's Election to Terminate. If Construction Manager terminates this Agreement for convenience as set forth in Article 8 hereof, or if Design-Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design-Builder shall, upon Owner's payment in full of the amounts due Design-Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights as set forth in Section 4.2 above, conditioned on the following: DBIA Document No.530 Page 3 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP 0 2010 Design-Build Institute of America Page 702 of 972 4.3.1 Use of the Work Product is at Owner's sole risk without liability or legal exposure to any Indemnified Party, and on the Owner's obligation to provide the indemnity set forth in Section 4.5 below, and 4.3.2 Owner agrees to pay Design-Builder the additional sum of zero Dollars ($0.00) as compensation for the right to use the Work Product to complete the Project and subsequently use the Work Product in accordance with Section 4.2 if Owner resumes the Project through its employees, agents, or third parties. 4.4 Owner's Limited License upon Design-Builder's Default. If this Agreement is terminated due to Design-Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then Design- Builder grants Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 4.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design- Builder was not in default, Owner shall be deemed to have terminated this Agreement for convenience, and Design-Builder shall be entitled to the rights and remedies set forth in Section 4.3 above. 4.5 Owner's Indemnification for Use of Work Product. If Owner is required to indemnify any Indemnified Parties based on the use or alteration of the Work Product under any of the circumstances identified in this Article 4, Owner shall defend, indemnify and hold harmless such Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from the use or alteration of the Work Product. Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within five (5) days of Design-Builder's receipt of Construction Manager's Notice to Proceed ("Date of Commencement"), which shall not be earlier than the issuance of the building permit and the Bonds referenced in Section 11.1.3, below, unless the Parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion. 5.2.1 Substantial Completion of the entire Work shall be achieved no later than Three Hundred Five (305) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date"). The parties agree that the definition for Substantial Completion set forth in Section 1.2.18 of the General Conditions of Contract is hereby modified to read as follows: "Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes, provided, however, that Substantial Completion shall be deemed to have been achieved no later than the date of issuance of a Temporary Certificate of Occupancy issued by the local building official." 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work ("Scheduled Interim Milestone Dates") shall be achieved as follows: (Insert any interim milestones for portions of the Work with different scheduled dates for Substantial Completion) [Not Applicable] : xI Rz DBIA Document No.530 Page 4 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP 02010 Design-Build Institute of America Page 703 of 972 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.7 of the General Conditions of Contract. 5.2.4 All of the dates set forth in this Article 5 (collectively the "Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. The Parties mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not attained by the Scheduled Substantial Completion Date (the "LD Date"), with extensions of time as provided in the Contract Documents, Design-Builder shall pay Owner One Thousand and no/100 Dollars ($1,000.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. 5.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving the Contract Time(s). Owner and Design-Builder agree that the maximum aggregate liability Design-Builder has for any liquidated damages that may be assessed under this Agreement for failure to achieve the Contract Time(s) shall be Two Hundred Thousand and no/100 Dollars ($200,000.00). 5.6 In addition to Design-Builder's right to a time extension for those events set forth in Section 8.2.1 of the General Conditions of Contract, Design-Builder shall also be entitled to an appropriate adjustment of the Contract Price for those events set forth in Section 8.2.1 of the General Conditions of Contract, provided, however, for Force Majeure Events, Design-Builder shall only be entitled to an increase in the Contract Price if said events exceed five (5) cumulative days. Said additional compensation shall be limited to: Actual cost of Design-Builder's General Conditions at the time of the event or events that exceed the five (5) cumulative days beyond the Scheduled Substantial Completion Date. Article 6 Contract Price 6.1 Contract Price. 6.1.1 Owner shall pay Design-Builder in accordance with Article 6 of the General Conditions of Contract a contract price ("Contract Price") equal to Design-Builder's Fee (as defined in Section 6.2 hereof) plus the Cost of the Work (as defined in Section 6.3 hereof), subject to any GMP established in Section 6.6 hereof and any adjustments made in accordance with the General Conditions of Contract. If Owner utilizes the Owner Direct Purchase Program as contemplated by the Parties, and set forth in further detail in Exhibit - A, attached hereto, the Contract Price and subsequent GMP shall be reduced accordingly for those items of equipment or materials purchased by Owner through the ODP Program. 6.1.2 For the specific Work set forth below, Owner agrees to pay Design-Builder, as part of the Contract Price, on the following basis: 6.1.2.1 Lump Sum Design and Preconstruction Services in the amount of Eight Hundred Eighty Three Thousand Three Hundred.Thirty Eight and no/100 Dollars ($883,338.00). DBIA Document No.530 Page 5 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP 0 2010 Design-Build Institute of America Page 704 of 972 6.1.2.2 Lump Sum General Conditions costs, in the amount of Six Hundred Fifty Thousand Six Hundred Seventy Two and no/100 Dollars ,L$65_0672.00). General Conditions costs specifically'nclude Cost of Work items listed in section"Haskell General Conditions" of the GMP Exhibit. All Cost of Work items not listed shall be invoiced separately as part of the GMP 6.2 Design-Builder's Fee. 6.2.1 Design-Builder's Fee shall be: Six Hundred Twenty Six Thousand Eight Hundred Fifty Three and no/100 Dollars ($626,853.00), as adjusted in accordance with Section 6.2.2 below. 6.2.2 Design-Builder's Fee will be adjusted as follows for any changes in the Work: 6.2.2.1 For additive Change Orders, including additive Change Orders arising from both additive and deductive items, it is agreed that Design-Builder shall receive a Fee of Six percent(6%)of the additional Costs of the Work incurred for that Change Order, plus the following markups: 6.2.2.2 For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items, the deductive amounts shall include: No additional reduction to account for Design-Builder's Fee or any other markup. 6.3 Cost of the Work. The term Cost of the Work shall mean costs reasonably and actually incurred by Design-Builder in the proper performance of the Work.The Cost of the Work shall include only the following: 6.3.1 Wages of direct employees of Design-Builder performing the Work at the Site or, with Construction Manager's agreement, at locations off the Site; provided, however, that the costs for those employees of Design-Builder are included in section "Haskell General Conditions" of the GMP Exhibit. 6.3.2 Wages or salaries of Design-Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off-Site to assist in the production or transportation of material and equipment necessary for the Work; provided, however, that the costs for those employees of Design-Builder are included in section "Haskell General Conditions"of the GMP Exhibit. 6.3.3 Wages or salaries of Design-Builder's personnel stationed at Design-Builder's principal or branch offices; provided, however, that the costs for those employees of Design-Builder are included in section"Haskell General Conditions"of the GMP Exhibit. 6.3.4 Costs incurred by Design-Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design-Builder, to the extent such costs are based on wages and salaries paid to employees of Design-Builder covered under Sections 6.3.1 through 6.3.3 hereof. 6.3.5 The reasonable portion of the cost of travel, accommodations and meals for Design- Builder's personnel necessarily and directly incurred in connection with the performance of the Work; provided, however, that these costs are included in section"Haskell General Conditions" of the GMP Exhibit. DBIA Document No.530 Page 6 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP ©2010 Design-Build Institute of America Page 705 of 972 6.3.6 Payments properly made by Design-Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 6.3.7 Costs incurred by Design-Builder in repairing or correcting defective, damaged or nonconforming Work (including any warranty or corrective Work performed after Substantial Completion), provided that such Work was beyond the reasonable control of Design-Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design-Builder or those working by or through Design-Builder. If the costs associated with such Work are recoverable from insurance, Subcontractors or Design Consultants, Design-Builder shall exercise its best efforts to obtain recovery from the appropriate source and provide a credit to Owner if recovery is obtained. 6.3.8 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. 6.3.9 Costs (less salvage value) of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design-Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. 6.3.10 Costs of removal of debris and waste from the Site. 6.3.11 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 6.3.12 Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and incurred in the performance of the Work. 6.3.13 Premiums for insurance and bonds required by this Agreement or the performance of the Work, including but not limited to the following: Builders Risk insurance-.45% of total contract value General Liability insurance— 1.2% of total contract value P&P Bonds- .81% of total contract value Sub Guard— 1.0% of Subcontract value 6.3.14 All fuel and utility costs incurred in the performance of the Work. 6.3.15 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. 6.3.16 Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design-Builder's performance of the Work, provided such costs do not arise from disputes between Owner or Construction Manager and Design-Builder. 6.3.17 Costs for permits, royalties, licenses, tests and inspections incurred by Design-Builder as a requirement of the Contract Documents. 6.3.18 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner or Construction Manager, paying legal judgments against Design-Builder resulting from such suits or claims, and paying settlements made with Owner's consent. DBIA Document No.530 Page 7 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP ©2010 Design-Build Institute of America Page 706 of 972 6.3.19 Deposits which are lost, except to the extent caused by Design-Builder's negligence. 6.3.20 Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 6.3.21 Accounting and data processing costs related to the Work. 6.3.22 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Construction Manager. 6.3.23 The Parties agree that an escrow account in the amount of Twenty Five Thousand and no/100 Dollars ($25,000.00) shall be established prior to Final Completion, which escrow shall be used to reimburse Design-Builder for the Costs of the Work incurred after Final Completion to perform warranty Work. The escrow agreement will provide that any sums not used at the expiration of the warranty period shall be returned to Owner, subject to any savings Design- Builder may be entitled to under this Agreement. In the event the warranty escrow account is exhausted, but funds remain under the GMP, Owner shall be obligated to pay Design-Builder the Costs of the Work incurred after Final Completion to perform warranty Work up to the GMP. 6.4 Allowance Items and Allowance Values. 6.4.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit or GMP Proposal and are included within the GMP. 6.4.2 Design-Builder and Construction Manager have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Construction Manager will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value. 6.4.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Construction Manager. Construction Manager agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design- Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price. 6.4.4 The Allowance Value for an Allowance Item includes the direct cost of design, labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including Design-Builder's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. 6.4.5 Whenever,the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 6.4.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value. 6.5 Non-Reimbursable Costs. 6.5.1 The following shall not be deemed as costs of the Work: 6.5.1.1 Compensation for Design-Builder's personnel stationed at Design-Builder's principal or branch offices, except as provided for in Sections 6.3.1, 6.3.2 and 6.3.3 hereof. DBIA Document No.530 Page 8 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP ©2010 Design-Build Institute of America Page 707 of 972 6.5.1.2 Overhead and general expenses, except as provided for in Section 6.3 hereof, or which may be recoverable for changes to the Work. 6.5.1.3 The cost of Design-Builder's capital used in the performance of the Work. 6.5.1.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded. 6.6 The Guaranteed Maximum Price("GMP"). 6.6.1 GMP Established Upon Execution of this Agreement. 6.6.1.1 Design-Builder guarantees that it shall not exceed the GMP of Ten Million Four Hundred Forth Seven Thousand Five Hundred Forty Four and no/100 Dollars L$10.447544.00). Documents used as basis for the GMP shall be identified as an exhibit to this Agreement ("GMP Exhibit"). Design-Builder does not guarantee any specific line item provided as part of the GMP, provided, however, that it does guarantee the Lump sum line items in Section 6.1.2 hereof. Design-Builder has the sole discretion to apply payment due to overruns in one line item to savings due to underruns in any other line item. Design-Builder agrees, however, that it will be responsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. 6.6.1.2 Contingency The GMP includes a Contingency in the amount of Three Hundred Winety Nine Thousand Eighty Nine and no/100 Dollars $399,089.00 which is available for Design-Builder's exclusive use for unanticipated costs it has incurred that are not the basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs may include: (a) trade buy-out differentials; (b) overtime or acceleration; (c) escalation of materials (excluding those noted in section 6.6.1.3); (d) correction of defective, damaged or nonconforming Work, design errors or omissions, however caused; (e) Subcontractor defaults; or(f)those events under Section 8.2.2 of the General Conditions of Contract that result in an extension of the Contract Time but do not result in an increase in the Contract Price. The Contingency is not available to Owner for any reason, including, but not limited to changes in scope or any other item which would enable Design-Builder to increase the GMP under the Contract Documents. Design-Builder shall provide Construction Manager notice of all anticipated charges against the Contingency, and shall provide Construction Manager as part of the monthly status report required by Section 2.1.2 of the General Conditions of Contract an accounting of the Contingency, including all reasonably foreseen uses or potential uses of the Contingency in the upcoming three (3) months. Design-Builder agrees that with respect to any expenditure from the Contingency relating to a Subcontractor default or an event for which insurance or bond may provide reimbursement, Design-Builder will in good faith exercise reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety or insurance company. Design-Builder agrees that if Design-Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency. 6.6.1.3 Escalation. Due to the time lapse of over six months since the preparation of the GMP and the volatile construction materials market, if there is a price escalation following the submission of the GMP for Steel, Copper, Aluminum, Lumber and Asphalt or any manufactured products that contain elements of these materials, ("Materials"), the Design-Builder and Construction Manager agree that any increase in Design- Builder's Material prices (whether through direct purchases or through subcontracts) less than or equal to 2%, shall be applied to the project Contingency and any increase in Design-Builder's Material prices (whether through direct purchases or through subcontracts) greater than 2%, is not contemplated by this contract and Design-Builder DBIA Document No.530 Page 9 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP 0 2010 Design-Build Institute of America Page 708 of 972 shall be entitled to an additive change order. In the event of an increase in Design- Builder's Material prices greater than 2%,the following provisions shall apply. 6.6.1.3.1 Design-Builder shall notify Construction Manager of an increase in its Material prices within thirty (30) days after such increase is discovered by Design-Builder. This notice shall include an itemization of what Material prices have increased and a proposal for adjustment to the GMP and schedule. Contractor's proposal shall include supporting documentation explaining the cause, effective date and amount of such increase in each of its Material prices included in the proposal. 6.6.1.3.2 If Design-Builder is delayed due to the unavailability or delay in obtaining materials then the contract shall be equitably adjusted to reflect the additional costs and time resulting therefore, including extended general conditions. 6.6.1.3.3 Promptly after Construction Manager receives Design-Builder's notice and proposal, Construction Manager shall review such proposal and shall respond within thirty (30) days. If Construction Manager accepts Design- Builder's proposal, a change order shall be issued increasing the GMP by the amount requested. 6.6.1.3.4 If, within thirty (30) days of receipt of Design-Builder's proposal, Construction Manager and Design-Builder are unable to agree upon an adjustment in the GMP, then Construction Manager shall issue a change order for the amount that it finds acceptable and the disputed amount shall be resolved in accordance with Section 10.2.3 of the General Conditions of Contract. Design-Builder shall continue performance of its work pending final resolution. 6.6.1.3.5 Material Escalation shall be calculated on a material by material basis using the Producer Price Index from November 2017 as the baseline. By way of example, if the actual cost of Structural Steel Material is $100,000 and according to the Producer Price Index steel costs have risen by 10% since November 2017, the Change Order would be for an 8% increase and the following calculation would apply: $100,000—($100,000/1.08)=Total Material Value eligible for the Change Order. 6.6.1.3.6 Notwithstanding the foregoing set forth in section 6.6.1.3 titled "Escalation", in the event the Price Escalation for Steel, Copper, Aluminum, Lumber and Asphalt or any manufactured products that contain elements of these materials, ("Materials") exceeds the contingency amount Three Hundred Ninety Nine Thousand Eighty Nine and no/100 Dollars ($399,089.00) as set forth in section 6.6.1.2 herein, in that event Construction Manager, with prior written approval of Owner, shall have the option to elect to reduce the scope of the Project, or to provide additional funding to the Project. 6.6.2 GMP Established after Execution of this Agreement. 6.6.2.1 GMP Proposal. If requested by Construction Manager, Design-Builder shall submit a GMP Proposal to Construction Manager which shall include the following, unless the parties mutually agree otherwise: 6.6.2.1.1 A proposed GMP,which shall be the sum of: I. Design-Builder's Fee as defined in Section 6.2.1 hereof; DBIA Document No.530 Page 10 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP ©2010 Design-Build Institute of America Page 709 of 972 fl. The estimated Cost of the Work as defined in Section 6.3 hereof, inclusive of any Design-Builder's Contingency as defined in Section 6.6.1.2 hereof; and iii. If applicable, any prices established under Section 6.1.2 hereof. 6.6.2.1.2 The Basis of Design Documents, which may include, by way of example, Owner's Project Criteria, which are set forth in detail and are attached to the GMP Proposal; 6.6.2.1.3 A list of the assumptions and clarifications made by Design-Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications and is specifically included as part of the Basis of Design Documents; 6.6.2.1.4 The Scheduled Substantial Completion Date upon which the proposed GMP is based, to the extent said date has not already been established under Section 5.2.1 hereof, and a schedule upon which the Scheduled Substantial Completion Date is based; 6.6.2.1.5 If applicable, a list of Allowance Items, Allowance Values, and a statement of their basis; 6.6.2.1.6 If applicable, a schedule of alternate prices; 6.6.2.1.7 If applicable, a schedule of unit prices; 6.6.2.1.8 If applicable, a statement of Additional Services which may be performed but which are not included in the GMP and which, if performed, shall be the basis for an increase in the GMP and/or Contract Time(s); and 6.6.2.1.9 The time limit for acceptance of the GMP Proposal. 6.6.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design-Builder and Construction Manager shall meet to discuss and review the GMP Proposal. If Construction Manager has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design-Builder of such comments or findings. If appropriate, Design-Builder shall, upon receipt of Construction Manager's notice, make appropriate adjustments to the GMP Proposal. 6.6.2.3 Acceptance of GMP Proposal. If Construction Manager accepts the GMP Proposal, as may be amended by Design-Builder, the GMP and its basis shall be set forth in an amendment to this Agreement. 6.6.2.4 Failure to Accept the GMP Proposal. If Construction Manager rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Construction Manager and Design-Builder shall meet and confer as to how the Project will proceed, with Construction Manager having the following options: 6.6.2.4.1 Construction Manager may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design- Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 6.6.2.3 above; DBIA Document No.530 Page 11 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP ©2010 Design-Build Institute of America Page 710 of 972 6.6.2.4.2 Construction Manager may authorize Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 6.1 hereof without a GMP, in which case all references in this Agreement to the GMP shall not be applicable; or 6.6.2.4.3 Construction Manager may terminate this Agreement for convenience in accordance with Article 8 hereof; provided, however, in this event, Design-Builder shall not be entitled to the payment provided for in Section 8.2 hereof. If Construction Manager fails to exercise any of the above options, Design-Builder shall have the right to (i) continue with the Work as if Construction Manager had elected to proceed in accordance with Item 6.6.2.4.2 above, and be paid by Owner accordingly, unless and until Construction Manager notifies it in writing to stop the Work, or (ii) suspend performance of Work in accordance with Section 11.3.1 of the General Conditions of Contract, provided, however, that in such event Design-Builder shall not be entitled to the payment provided for in Section 8.2 hereof. 6.6.3 Savings. 6.6.3.1 Savings Sharing. If the sum of the actual Cost of the Work and Design- Builder's Fee (and, if applicable, any prices established under Section 6.1.2 hereof) is less than the GMP (as such GMP may have been adjusted over the course of the Project), the difference ("Savings") shall be shared sixty percent (60%) to Owner (the "Owner's Savings Percentage"), thirty percent (30%) to Design-Builder (the "Design- Builder's Savings Percentage") and ten percent (10%) to Construction Manager (the "Construction Manager's Savings Percentage"). Notwithstanding the foregoing, the portion of the Savings to which Design-Builder is entitled shall in no event exceed 2% of the GMP (as such GMP may have been adjusted over the course of the Project). Owner and Construction Manager shall approve any modification to this Section 6.6.3. 6.6.3.2 Savings Calculation. Design-Builder shall provide Construction Manager as part of the monthly status report required by Section 2.1.2 of the General Conditions of Contract an accounting of the project Savings. The Design-Builder, Construction Manager and Owner shall agree each month if a portion of the savings can be distributed at that time to each party as per the shared savings percentages. The Owner and Construction Manager may choose to use their portion of the distributed savings to cover additional costs to the project. Any savings left at the end of the project shall be calculated and paid as part of Final Payment under Section 7.3 hereof, with the understanding that to the extent Design-Builder incurs costs after Final Completion which would have been payable to Design-Builder as a Cost of the Work ("Post-Completion Costs"), such Post-Completion Costs shall be paid in accordance with Sections 6.6.3.2.1, 6.6.3.2.2 and 6.6.3.2.3 below from any amounts distributed to the Owner, Design-Builder and Construction Manager as Savings in accordance with Section 6.6.3.1 above, provided that any such amounts have been so distributed. 6.6.3.2.1 The amount of the payment of such Post-Completion Costs from any such amount distributed to the Owner(the "Owner's Savings Share") shall be the product of the total amount of the Post-Completion Costs multiplied by the Owner's Savings Percentage, but only to the extent such product does not exceed the Owner's Savings Share; 6.6.3.2.2 The amount of the payment of such Post-Completion Costs from any such amount distributed to Design-Builder(the"Design-Builder's Savings Share") shall be the product of the total amount of the Post-Completion Costs multiplied by the Design-Builder's Savings Percentage, but only to the extent such product does not exceed the Design-Builder's Savings Share; and DBIA Document No.530 Page 12 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP C 2010 Design-Build Institute of America Page 711 of 972 6.6.3.2.3 The amount of the payment of such Post-Completion Costs from any such amount distributed to Construction Manager (the "Construction Manager's Savings Share") shall be the product of the total amount of the Post-Completion Costs multiplied by the Construction Manager's Savings Percentage, but only to the extent such product does not exceed the Construction Manager's Savings Share. 6.6.4 Design Assist Subcontractors In establishing the GMP, Design-Builder relied on the assistance of several design-assist Subcontractors to help provide accurate pricing and design information. Design-Builder reserves the right to award a design-assist subcontract to these Subcontractors with the option of converting the subcontract into a lump sum subcontract. The process Design-Builder will follow is below: 6.6.4.1 Design-Builder shall solicit competitive proposals using a Request for Qualification (RFQ) process in which Subcontractors provide their companies qualifications as well as proposed labor rates and project fees. Design-Builder shall base their selection on a scoring system that takes in to account both qualifications and fees. 6.6.4.2 Subcontractor shall agree to the established budget used in the Design- Builder GMP Proposal for their scope of work. Subcontractor shall be responsible for working with the Engineers during the design process to ensure the final cost for the scope of work is less than or equal to this budget. 6.6.4.3 If the final cost of the project is greater than the proposed budget, Design- Builder shall have the option of receiving additional pricing from other Subcontractors and awarding the work to the lowest qualified Subcontractor with a complete scope. 6.6.4.4 Subcontractor shall be required to provide open book estimates, stating their fee and mark-ups, and demonstrate that they received multiple competitive proposals from Subcontractors and Vendors. 6.6.4.5 Subcontractor shall be responsible to participate in the Boynton Beach Building Wealth Program and encouraged to include local subcontractors, vendors and labor in their proposal. 6.6.4.6 Upon Issuance of the Permit Issue Contract Documents, Subcontractor shall provide a final estimate with detailed back-up. Upon approval of this estimate, the design-assist subcontract shall be converted to a lump sum subcontract. Article 7 Procedure for Payment 7.1 Progress Payments. 7.1.1 Design-Builder shall submit for Construction Manager's review and approval on the Fifth (5th) day of each month, beginning with the first month after the Date of Commencement, Design- Builder's Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by the General Conditions of Contract Section 2.1.4. "k I ] ncr#4 t'i4 DBIA Document No.530 Page 13 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP 0 2010 Design-Build Institute of America Page 712 of 972 7.1.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Construction Manager is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 7.1.3 The Application for Payment shall constitute Design-Builder's representation that the Work has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design-Builder's receipt of payment, whichever occurs earlier. 7.2 Withholding of Payments; Payment of Undisputed Amounts. 7.2.1 Owner shall tender payment within twenty (20) days after Construction Manager's receipt of each properly submitted and accurate Application for Payment. If Construction Manager determines that Design-Builder is not entitled to all or part of an Application for Payment, it will notify Design-Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts to be withheld, the reasons and contractual basis for the withholding, and the specific measures Design-Builder must take to rectify Construction Manager's concerns. Design-Builder and Construction Manager will attempt to resolve Construction Manager's concerns prior to the date a payment is due. If the parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract Documents, including those under the General Conditions of Contract Section 8.0. 7.2.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design-Builder all undisputed amounts in an Application for Payment within the times required by this Agreement. 7.3 Right to Stop Work and Interest. If Owner fails to pay Design-Builder any amount that becomes due, Design-Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to the General Conditions of Contract Section 11.4. All payments due and unpaid to Design-Builder shall bear interest at the currently rate published under section 55.03 of the Florida Statutes from the date payment became due. 7.4 Design-Builder's Payment Obligations 7.4.1 Design-Builder will pay any Subcontractors and Design Consultants, in accordance with applicable law and its contractual obligations to such parties, all the amounts Design-Builder has received from Owner on account of their Work. Design-Builder will impose similar requirements on Subcontractors and Design Consultants to pay those parties with whom they have contracted. 7.4.2 Providing that Owner is not in breach of its contractual obligation to make payments to Design Builder for the Work, Design-Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Provided Owner has paid all amounts due under the Contract Documents, within ten (10) days of receiving written notice from Construction Manager or Owner that such a claim or mechanic's lien has been filed, Design-Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and charge Design-Builder with any costs and expenses incurred, including attorneys'fees. 7.5 Retainage on Progress Payments. . , . DBIA Document No.530 Page 14 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP ©2010 Design-Build Institute of America Page 713 of 972 7.5.1 Owner will retain ten percent (10%) of the Cost of Work, exclusive of general conditions costs, general requirements costs, insurance costs, bond costs, subguard costs, permit costs, design costs, and any amounts paid to Design-Builder's Design Consultant, from each Application for Payment provided, however, that when fifty percent (50%) of the Work has been satisfactorily completed by Design-Builder and Design-Builder is otherwise in compliance with its contractual obligations, Owner will not retain any additional amounts from Design-Builder's subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. 7.5.2 Within fifteen (15) days after Substantial Completion of the entire Work or, if applicable, any portion of the Work, pursuant to Section 6.6 of the General Conditions of Contract, Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to: (a) the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion; and (b) all other amounts Owner is entitled to withhold pursuant to Section 6.3 of the General Conditions of Contract. 7.5.3 If a warranty reserve has been established pursuant to Section 6.3.23 above, Owner shall at the time of Substantial Completion retain the agreed-upon amounts and establish an escrow account as contemplated by Section 6.3.24 above. 7.6 Final Payment. Design-Builder shall submit its Final Application for Payment to Construction Manager as agent for Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design-Builder's properly submitted and accurate Final Application for Payment (less any amount the parties may have agreed to set aside for warranty work) within ten (10) days after Construction Manager's receipt of the Final Application for Payment, provided that Design- Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract. 7.7 Interest. Payments due and unpaid by Owner to Design-Builder, whether progress payments or final payment, shall bear interest commencing five (5) days after payment is due at the then current rate of interest established under section 55.03 of the Florida Statutes annually. 7.5 Record Keeping and Finance Controls. Design-Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work. Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Construction Manager and their respective accountants shall be afforded access to, and the right to audit from time-to-time, upon reasonable notice, Design-Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design-Builder shall preserve for a period of three (3) years after Final Payment. Such inspection shall take place at Design-Builder's offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or markups agreed to by Construction Manager and Design-Builder as part of this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in accordance with this Agreement, with the composition of such multiplier or markup not being subject to audit. DBIA Document No.530 Page 15 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP 0 2010 Design-Build Institute of America Page 714 of 972 Article 8 Termination for Convenience 8.1 Upon ten (10) days' written notice to Design-Builder, Construction Manager may, with prior written approval of Owner, for convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: 8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work; 8.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 8.1.3 Overhead and profit in the amount of five percent (5%) on the sum of items 8.1.1 and 8.1.2 above. 8.2 In addition to the amounts set forth in Section 8.1 above, Design-Builder shall be entitled to receive one of the following as applicable: 8.2.1 If Construction Manager terminates this Agreement prior to commencement of construction, Design-Builder shall be paid one percent (1%) of the remaining balance of the Contract Price, provided, however, that if a GMP has not been established, the above percentage shall be applied to the remaining balance of the most recent estimated Contract Price. 8.2.2 If Construction Manager terminates this Agreement after commencement of construction, Design-Builder shall be paid two percent (2%) of the remaining balance of the Contract Price, provided, however, that if a GMP has not been established, the above percentage shall be applied to the remaining balance of the most recent estimated Contract Price. 8.3 If Construction Manager terminates this Agreement pursuant to Section 8.1 above and Owner proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Section 4.3 hereof. Such rights may not be transferred or assigned to others without Design-Builder's express written consent and such third parties' agreement to the terms of Article 4. Article 9 Representatives of the Parties 9.1 Owner's Representatives. 9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Andrew Mack 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 m✓�, nl��'4 � dJ[14 DBIA Document No-5"30 Page 16 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP ©2010 Design-Build Institute of America Page 715 of 972 9.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (identify individual's name, title, address and telephone numbers) Andrew Mack 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 9.2 Design-Builder's Representatives. 9.2.1 Design-Builder designates the individual listed below as its Senior Representative ("Design-Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Peter Kinsley Group President 111 Riverside Avenue Jacksonville, Fl. 32202 9.2.2 Design-Builder designates the individual listed below as its Design-Builder's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual's name, title,address and telephone numbers) Robert Fernandez Project Director 111 Riverside Avenue Jacksonville, FL 32202 (904) 357-4863 Article 10 Bonds and Insurance 10.1 Insurance. Design-Builder and Owner shall procure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract. 10.2 Bonds and Other Performance Security. Design-Builder shall provide the following performance bond and labor and material payment bond or other performance security: Performance Bond. [Check one box only. if no box is checked, then no bond is required.] 19 Required ❑ Not Required Payment Bond. [Check one box only. If no box is checked, then no bond is required.] DBIA Document No.530 Page 17 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP ©2010 Design-Build Institute of America Page 716 of 972 S? Required ❑ Not Required Other Performance Security. [Check one box only. If no box is checked, then no other performance security is required. If the "Required"box is checked, identify below the specific performance security that is being required and all salient commercial terms associated with that security.] ❑ Required Rr Not Required Article 11 Other Provisions 11.1 Other provisions, if any, are as follows: (Insert any additional provisions) 11.1.1 Assignment. None of the Parties shall without the written consent of the other Parties assign, transfer, or sublet any portion of its obligations under this Agreement; provided, however, that Construction Manager may assign its rights or delegate its obligations, in whole or in part, to Owner, and Design-Builder agrees to provide such consents or approvals as may be necessary in connection with such assignment provided Owner assumes all obligations to Design-Builder under this Agreement. 11.1.2 Contingent Effectiveness. Notwithstanding any provision herein to the contrary, the terms and conditions of the Contract Documents, and the rights and obligations of the parties to the Contract Documents, other than Article 4 and this Section 11.1.2 hereof, shall only become binding and effective upon receipt by the Design-Builder (the "Effective Date") of Construction Manager's written confirmation (the "Confirmation") that Owner has properly approved and earmarked, set aside or otherwise has immediate access to funds in an amount sufficient to pay the full amount of the Contract Price set forth in Article 6 hereof, as determined in Construction Manager's sole discretion. 11.1.3 Compliance with Laws. In performing the Work, Design-Builder shall comply with all applicable local, state and federal laws, including all ordinances of Owner for: (1) Keeping the job site clean/dust control/street sweeping (Land Development Permit, Part III LDR Chapter 2, Article 3, Section 3 and 4); (2) Noise/work hours, Monday through Friday, 7:00 a.m. to 6:00 p.m. (Boynton Beach Administrative Amendments to the Florida Building Code 6th Addition (2017) Section 110.9); (3) Offsite parking for construction workers and equipment/material staging (Land Development Regulations); (4) Impact of heavy construction equipment to road surfaces, and addressing repairs for any damage (Code of Ordinance, Part II, Chapter 15, Section 15-8) as well as County and State requirements; and (5) Traffic control during construction — safety and traffic flow (Boynton Beach Administrative Amendments to the Florida Building Code 6th Addition (2017) Section 110.9). 11.2 Governing Law. This Agreement shall be governed by the laws of the State of Florida, without giving effect to any conflict of law principles. DBIA Document No.530 Page 18 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP 02010 Design-Build Institute of America Page 717 of 972 11.3 Severability. If any provision or any part of a provision of this Agreement shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to applicable laws by any authority having jurisdiction, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provisions or parts of the provision of this Agreement, which shall remain in full force and effect as if the unenforceable provision or part was deleted. 11.4 Amendments. This Agreement may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of both parties. 11.5 Dispute Resolution. Any claims, disputes, or controversies between Owner or Construction Manager as agent for Owner and Design-Builder arising out of or related to this Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10.2 of the General Conditions of Contract shall be resolved in a court of competent jurisdiction in Palm Beach County, Florida. In executing this Agreement, Owner, Construction Manager and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. DBIA Document No.530 Page 19 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP 02010 Design-Build Institute of America Page 718 of 972 CONSTRUCTION MANAGER: DESIGN-BUILD_ E2L Real Estate Solutions,LLC The Haskefl Co ny P � Ld,, '� (S' ature) (Signature) Mark Heffetin I (Printed Name) (Printed Name) President s: € .:._;b!- s ts. (True) (Title) Date: Date: c a*' �T Si V.3NtlE<y'c4 DBIA Document No.530 Page 20 Standard Form of Agreement Between Owner and Design-Bugder-Cost Plus Fee with an Option for a GMP ®2010 Design-Build Institute of America Page 719 of 972 OWNER City of Boynton Beach, Florida �r< BY: STEVEN B. GRANT, MAYOR DATE: ATTEST: BY: Ci Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Jame A. Cherof City Attorney Caution: An original DBIA document has this caution printed in blue. This is a printable copy and an original assures that changes will not be obscured as may occur when documents are reproduced. DBIA Document No.530 Page 20 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP 02010 Design-Build Institute of America Page 720 of 972 EXHIBIT A OWNER DIRECT PURCHASE PROGRAM The following is the statement of policy governing the Owner Direct Purchase Program( DPP) for the District Energy System and Underground Utilities Project: The City of Boynton each(OWNER) is tax exempt and may wish to exercise its right to purchase directly various construction materials, suppliers and equipment that may be part of this contract with value in excess of $50,000.00. The OWNER will, via its purchase orders, purchase that material and The Haskell Company (DESIGN-BUILDER) shall assist the OWNER in the preparation of purchase orders. The DESIGN-BUILDER will prepare the purchase order on the OIVNNER's form and make ready for verification and execution by the OWNER. The materials shall be purchased form the vendors/suppliers originally selected by the DESIGN-BUILDER, for the price originally negotiated byte DESIGN-BUILDER. The DESIGN-BUILDER will within ninety (90) calendar days from the date of the Notice to Proceed, prepare a complete list of materials, suppliers and equipment, for vendor purchase of$50,000 or more on the project. At a time deemed acceptable to the OWNER, the Contract amount shall be reduced by the net, undiscounted amount of the purchase order, plus all sales taxes. Issuance of the purchase orders by the OWNER does not change any of the DESIGN-BUILDER's responsibilities regarding material purchases, or installations, with the exception of the payments for the materials purchased, The DESIGN-BUILDER remains responsible for coordination, correct quantities order, submittals, protection, storage, scheduling, shipping, security, expediting, receiving and unloading, certifying the accuracy of shipping tickets and invoices, installation, cleaning all applicable warranties and that all materials purchase meet the requirements of the CONTRACT DOCUMENTS. The DESIGN-BUILDER shall certify all invoices as accurate and acceptable and forward to the OWNER for payment. In the event that materials, supplies, or equipment purchase under this option, are defective or rejected for any reason whatsoever, and it becomes necessary in the opinion of the DESIGN-BUILDER to initiate legal action against the responsible party, the OWNER agrees to' assign and subordinate to the DESIGN-BUILDER any claims the OWNER has against the responsible party resulting from the purchase order and to execute any legal documents necessary to accomplish the assignment, subordination or subrogation of such claims, and to cooperate with the DESIGN-BUILDER in such legal action. Listed below is the written procedure for the implementation of the ODP Policy: 1. Provide to OWNER within ninety (90) calendar days from the date of the Notice to Proceed, a Schedule of Values indicating Labor and Material (including sales tax) components for each activity of Work included in DESIGN-BUILDER'S Scope of Work. The Material components shall indicate whether or not the material is intended to be purchased through the ODPP with an ODPO indicator in the description. a. Ex. Structural Steel Material (t3 PG) $200,000.00 f0l)t 1,04 DIA Document No.530 Page 22 Standard For of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GIVIP 02010 Design-Build Institute of America Page 721 of 972 EXHIBIT A 2. The DESIGN-BUILDER shall then complete a Draft copy of the Owner Direct Purchase Order (ODPO) on the form provided. This Draft shall include the all information necessary to purchase the desired materials including any contractual or payment terms desired by the vendor/supplier and the amount of sales tax associated with the material purchase. An electronic draft of this form will be issued for the DESIGN-BUILDER'S use in preparing the ODPO draft. Completion of the electronic ODOP and email transmission of the electronic version is the preferred method of communication for this process. 3. The DESIGN-BUILDER is responsible for preparing and submitting the ODPO in a timely manner so that Construction Schedule dates are not affected. DESIGN-BUILDER to assume (5) working days for Owner to process and send to the vendor/supplier. 4. The DESIGN-BUILDER will then request a Deductive Change Order from Owner for the amount of the material purchase and associated sales tax. 5. Invoices are to be billed to the Owner at the Owner's mailing address. Owner shall pay DESIGN-BUILDER'S invoice for such ODPP equipment and materials as set forth in the DBIA 530 agreement between the parties. 6. ODPO overage billings must be approved by DESIGN-BUILDER in writing, and subsequent deductive change orders executed, prior to payment of the invoices by the Owner. Underage billings will be handled through the change order process prior to project completion and final billing. DBIA Document No.530 Page 23 Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a GMP 0 2010 Design-Build Institute of America Page 722 of 972 ED` Bm' I A STANDARD FORM OF GENERAL CONDITIONS OF CONTRACT BETWEEN OWNER AND DESIGN-BUILDER Document No. 535 Second Edition, 2010 © Design-Build Institute of America Washington, DC Page 723 of 972 TABLE OF CONTENTS Article Name Page Article1 General.......................................................................................................... 1 Article 2 Design-Builder's Services and Responsibilities............................................. 2 Article 3 Owner's Services and Responsibilities.......................................................... 6 Article 4 Hazardous Conditions and Differing Site Conditions..................................... 8 Article 5 Insurance and Bonds .................................................................................... 9 Article6 Payment...................................................................................................... 11 Article 7 Indemnification ............................................................................................ 13 Article8 Time ............................................................................................................ 15 Article 9 Changes to the Contract Price and Time .................................................... 15 Article 10 Contract Adjustments and Disputes ............................................................ 17 Article 11 Stop Work and Termination for Cause ........................................................ 19 Article 12 Electronic Data............................................................................................ 21 Article 13 Miscellaneous.............................................................................................. 22 Page 724 of 972 Article 1 General 1.1 Mutual Obligations 1.1.1 The Parties commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each Party to realize the benefits afforded under the Contract Documents. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between the Parties under either DBIA Document No. 525, Standard Form of Agreement Between Owner and Design-Builder - Lump Sum (2010 Edition) or DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price (2010 Edition). 1.2.2 Basis of Design Documents are as follows: For DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price, the Basis of Design Documents are those documents specifically listed in, as applicable, the GMP Exhibit or GMP Proposal as being the "Basis of Design Documents." For DBIA Document No. 525, Standard Form of Agreement Between Owner and Design-Builder— Lump Sum, the Basis of Design Documents are the Owner's Project Criteria, Design-Builder's Proposal and the Deviation List, if any. 1.2.3 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared or assembled by the Design-Builder consistent with the Basis of Design Documents unless a deviation from the Basis of Design Documents is specifically set forth in a Change Order executed by both the Owner and Design-Builder, as part of the design review process contemplated by Section 2.4 of these General Conditions of Contract. 1.2.4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.5 Design-Build Team is comprised of the Design-Builder, the Design Consultant, and key Subcontractors identified by the Design-Builder. 1.2.6 Design Consultant is a qualified, licensed design professional who is not an employee of Design-Builder, but is retained by Design-Builder, or employed or retained by anyone under contract with Design-Builder, to furnish design services required under the Contract Documents. A Design Sub-Consultant is a qualified, licensed design professional who is not an employee of the Design Consultant, but is retained by the Design Consultant or employed or retained by anyone under contract to Design Consultant, to furnish design services required under the Contract Documents. 1.2.7 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1 and the submission of all documents set forth in Section 6.7.2. 1.2.8 Force Majeure Events are those events that are beyond the control of both Design- Builder and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and other acts of God. 1.2.9 General Conditions of Contract refer to this DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder(2010 Edition). DBIA Document No.535 Page 1 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 725 of 972 1.2.10 GMP Exhibit means that exhibit attached to DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder- Cost Plus Fee With an Option for a Guaranteed Maximum Price, which exhibit will have been agreed upon by Owner and Design-Builder prior to the execution of the Agreement. 1.2.11 GMP Proposal means that proposal developed by Design-Builder in accordance with Section 6.6 of DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder- Cost Plus Fee With an Option for a Guaranteed Maximum Price. 1.2.12 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. 1.2.13 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. 1.2.14 Owner's Project Criteria are developed by or for Owner to describe Owner's program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design-Builder's performance of the Work. Owner's Project Criteria may include conceptual documents, design criteria, design performance specifications, design specifications, and LEED® or other sustainable design criteria and other Project-specific technical materials and requirements. 1.2.15 Parties shall mean collectively, Owner, Construction Manager and Design-Builder, and a Party shall mean one of the Parties. 1.2.16 Site is the land or premises on which the Project is located. 1.2.17 Subcontractor is any person or entity retained by Design-Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.18 Sub-Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. 1.2.19 Substantial Completion or Substantially Complete means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.20 Work is comprised of all Design-Builder's design, construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents. Article 2 Design-Builder's Services and Responsibilities 2.1 General Services. 2.1.1 Design-Builder's Representative shall be reasonably available to Construction Manager and shall have the necessary expertise and experience required to supervise the Work. Design- Builder's Representative shall communicate regularly with Construction Manager and shall be DBIA Document No.535 Page 2 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 726 of 972 vested with the authority to act on behalf of Design-Builder. Design-Builder's Representative may be replaced only with the mutual agreement of Construction Manager and Design-Builder. 2.1.2 Design-Builder shall provide Construction Manager with a monthly status report detailing the progress of the Work, including (i) whether the Work is proceeding according to schedule, (ii) whether discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) whether health and safety issues exist in connection with the Work; (iv) status of the contingency account to the extent provided for in the Standard Form of Agreement Between Owner and Design-Builder- Cost Plus Fee with an Option for a Guaranteed Maximum Price; and (v) other items that require resolution so as not to jeopardize Design-Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). 2.1.3 Unless a schedule for the execution of the Work has been attached to the Agreement as an exhibit at the time the Agreement is executed, Design-Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section 2.1.4 hereof, a schedule for the execution of the Work for Construction Manager's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Construction Manager information and approvals are required to enable Design-Builder to achieve the Contract Time(s). The schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Construction Manager's review of, and response to, the schedule shall not be construed as relieving Design-Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. 2.1.4 The parties will meet within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.2 Design Professional Services. 2.2.1 Design-Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Construction Manager or Owner and any Design Consultant. 2.3 Standard of Care for Design Professional Services. 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. 2.4 Design Development Services. 2.4.1 The Parties shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Interim design submissions shall be consistent with the Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section 2.4.1. On or about the time of the scheduled submissions, Design-Builder and Construction Manager shall meet and confer about the submissions, with Design-Builder identifying during such meetings, among other things, the evolution of the design DBIA Document No.535 Page 3 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 727 of 972 and any changes to the Basis of Design Documents, or, if applicable, previously submitted design submissions. Changes to the Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be maintained by Design-Builder and provided to all attendees for review. Following the design review meeting, Construction Manager shall review and approve the interim design submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design-Builder's schedule. 2.4.2 Design-Builder shall submit to Construction Manager Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting and recorded in the meetings minutes. The parties shall have a design review meeting to discuss, and Construction Manager shall review and approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.1 above. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Construction Manager prior to commencement of construction. 2.4.3 Construction Manager's review and approval of interim design submissions, meeting minutes, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Construction Manager's review nor approval of any interim design submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Construction Manager. 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design- Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.5 Legal Requirements. 2.5.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design- Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price. Such effects may include, without limitation, revisions Design-Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits. 2.6.1 Design-Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project. 2.7 Design-Builder's Construction Phase Services. 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design-Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design-Builder to complete construction of the Project consistent with the Contract Documents. DBIA Document No.535 Page 4 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 728 of 972 2.7.2 Design-Builder shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. Design- Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.7.3 Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Construction Manager may reasonably object to Design-Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Construction Manager's decision impacts Design-Builder's cost and/or time of performance. 2.7.4 Design-Builder assumes responsibility to Construction Manager for the proper performance of the Work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Construction Manager and any Subcontractor or Sub- Subcontractor, including but not limited to any third-party beneficiary rights. 2.7.5 Design-Builder shall coordinate the activities of all Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner's or Construction Manager's control, Design-Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 2.7.6 Design-Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design-Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design-Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. 2.8 Design-Builder's Responsibility for Project Safety. 2.8.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or off- Site, and (iii) all other property at the Site or adjacent thereto. Design-Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design-Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design-Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design-Builder's personnel, Subcontractors and others as applicable. 2.8.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner-specific safety requirements set forth in the Contract Documents, provided that such Owner-specific requirements do not violate any applicable Legal Requirement. Design-Builder will immediately report in writing any safety-related injury, loss, damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasi-government authorities having jurisdiction over safety- related matters involving the Project or the Work. 2.8.3 Design-Builder's responsibility for safety under this Section 2.8 is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health DBIA Document No.535 Page 5 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 729 of 972 and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of the Work. 2.9 Design-Builder's Warranty. 2.9.1 Design-Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design-Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a commercially reasonable manner. Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this Section 2.9 or the Contract Documents. Design-Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. 2.10 Correction of Defective Work. 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one year from the date of Substantial Completion of the Work or any portion of the Work. 2.10.2 Design-Builder shall, within seven (7) days of receipt of written notice from Construction Manager that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, Construction Manager, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable. 2.10.3 The one-year period referenced in Section 2.10.1 above applies only to Design-Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design-Builder's other obligations under the Contract Documents. Article 3 Owner's and Construction Manager's Services and Responsibilities 3.1 Duty to Cooperate. 3.1.1 Owner and Construction Manager shall, throughout the performance of the Work, cooperate with Design-Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design-Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design-Builder's performance of its obligations under the Contract Documents. 3.1.2 Construction Manager shall provide timely reviews and approvals of interim design submissions and Construction Documents consistent with the turnaround times set forth in Design-Builder's schedule. DBIA Document No.535 Page 6 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 730 of 972 3.1.3 Construction Manager shall give Design-Builder timely notice of any Work that Construction Manager notices to be defective or not in compliance with the Contract Documents. 3.2 Furnishing of Services and Information. 3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design-Builder's information and use the following, all of which Design-Builder is entitled to rely upon in performing the Work: 3.2.1.1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; 3.2.1.2 Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site; 3.2.1.3 Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project and enable Design-Builder to perform the Work; 3.2.1.4 A legal description of the Site; 3.2.1.5 To the extent available, record drawings of any existing structures at the Site; and 3.2.1.6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design-Builder to perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements. 3.3 Financial Information. 3.3.1 At Design-Builder's request, Owner shall promptly furnish reasonable evidence satisfactory to Design-Builder that Owner has adequate funds available and committed to fulfill all of Owner's contractual obligations under the Contract Documents. If Owner fails to furnish such financial information in a timely manner, Design-Builder may stop Work under Section 11.3 hereof or exercise any other right permitted under the Contract Documents. 3.3.2 Design-Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design-Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design-Builder to assume obligations or responsibilities greater than those existing obligations Design-Builder has under the Contract Documents. 3.4 Owner's Representative. 3.4.1 Owner's Representative shall be responsible for providing Owner-supplied information and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design-Builder with prompt notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner's Representative shall communicate regularly with Design-Builder and shall be vested with the DBIA Document No.535 Page 7 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 731 of 972 authority to act on behalf of Owner. 3.5 Government Approvals and Permits. 3.5.1 Owner shall provide reasonable assistance to Design-Builder in obtaining those permits, approvals and licenses that are Design-Builder's responsibility. 3.6 Owner's Separate Contractors. 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under Owner's or Construction Manager's control. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design-Builder in order to enable Design-Builder to timely complete the Work consistent with the Contract Documents. Article 4 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions. 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design-Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design-Builder will stop Work immediately in the affected area and duly notify Construction Manager and, if required by Legal Requirements, all government or quasi-government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site. 4.1.4 Design-Builder will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design-Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable. To the fullest extent permitted by law, Design-Builder shall DBIA Document No.535 Page 8 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 732 of 972 indemnify, defend and hold harmless Owner and Owner's commissioner's, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable. 4.2 Differing Site Conditions. 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as "Differing Site Conditions." If Design- Builder encounters a Differing Site Condition, Design-Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site Condition, Design-Builder shall provide prompt written notice to Construction Manager of such condition, which notice shall not be later than fourteen (14) days after such condition has been encountered. Design-Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. Article 5 Insurance and Bonds 5.1 Design-Builder's Insurance Requirements. 5.1.1 Design-Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Insurance Exhibit to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum rating set forth in the Agreement. 5.1.2 Design-Builder's insurance shall specifically delete any design-build or similar exclusions that could compromise coverages because of the design-build delivery of the Project. 5.1.3 Prior to commencing any construction services hereunder, Design-Builder shall provide Construction Manager with certificates evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days prior written notice is given to Construction Manager. If any of the foregoing insurance coverages are required to remain in force after final payment are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the Design-Builder with reasonable promptness according to the Design-Builder's information and belief. 5.2 Owner's Liability Insurance. 5.2.1 Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located such liability insurance as set forth in the Insurance Exhibit to the Agreement to protect Owner from claims which may arise from the performance of Owner's obligations under the Contract Documents or Owner's conduct during the course of the Project. DBIA Document No.535 Page 9 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 733 of 972 5.3 Owner's Property Insurance. 5.3.1 Unless otherwise provided in the Contract Documents, Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located property insurance upon the entire Project to the full insurable value of the Project, including professional fees, overtime premiums and all other expenses incurred to replace or repair the insured property. The property insurance obtained by Owner shall be the broadest coverage commercially available, and shall include as additional insureds the interests of Owner, Design- Builder, Design Consultants and Subcontractors of any tier. Such insurance shall include but not be limited to the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents. The property insurance shall include physical loss or damage to the Work, including materials and equipment in transit, at the Site or at another location as may be indicated in Design-Builder's Application for Payment and approved by Owner. The Owner is responsible for the payment of any deductibles under the insurance required by this Section 5.3.1. 5.3.2 Unless the Contract Documents provide otherwise, Owner shall procure and maintain boiler and machinery insurance that will include the interests of Owner, Design-Builder, Design Consultants, and Subcontractors of any tier. The Owner is responsible for the payment of any deductibles under the insurance required by this Section 5.3.2. 5.3.3 Prior to Design-Builder commencing any Work, Owner shall provide Design-Builder with certificates evidencing that (i) all Owner's insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect until Design-Builder has completed all of the Work and has received final payment from Owner and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days prior written notice is given to Design-Builder. Owner's property insurance shall not lapse or be canceled if Owner occupies a portion of the Work pursuant to Section 6.6.3 hereof. Owner shall provide Design-Builder with the necessary endorsements from the insurance company prior to occupying a portion of the Work. 5.3.4 Any loss covered under Owner's property insurance shall be adjusted with Owner and Design-Builder and made payable to both of them as trustees for the insureds as their interests may appear, subject to any applicable mortgage clause. All insurance proceeds received as a result of any loss will be placed in a separate account and distributed in accordance with such agreement as the interested parties may reach. Any disagreement concerning the distribution of any proceeds will be resolved in accordance with Article 10 hereof. 5.3.5 Owner and Design-Builder waive against each other and Owner's separate contractors, Design Consultants, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. Design-Builder and Owner shall, where appropriate, require similar waivers of subrogation from Owner's separate contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. These waivers of subrogation shall not contain any restriction or limitation that will impair the full and complete extent of its applicability to any person or entity unless agreed to in writing prior to the execution of this Agreement. 5.4 Bonds and Other Performance Security. 5.4.1 If Owner requires Design-Builder to obtain performance and labor and material payment bonds, or other forms of performance security, the amount, form and other conditions of such security shall be as set forth in the Agreement. 5.4.2 All bonds furnished by Design-Builder shall be in a form satisfactory to Owner. The surety shall be a company qualified and registered to conduct business in the state in which the Project is located. DBIA Document No.535 Page 10 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 734 of 972 Article 6 Payment 6.1 Schedule of Values. 6.1.1 Unless required by the Construction Manager upon execution of this Agreement, within ten (10) days of execution of the Agreement, Design-Builder shall submit for Construction Manager's review and approval a schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design-Builder throughout the Work. 6.1.2 The Construction Manager will timely review and approve the schedule of values so as not to delay the submission of the Design-Builder's first application for payment. The Construction Manager and Design-Builder shall timely resolve any differences so as not to delay the Design- Builder's submission of its first application for payment. 6.2 Monthly Progress Payments. 6.2.1 On or before the date established in the Agreement, Design-Builder shall submit for Construction Manager's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.4 hereof. 6.2.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Construction Manager is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 6.2.3 All discounts offered by Subcontractor, Sub-Subcontractors and suppliers to Design- Builder for early payment shall accrue one hundred percent to Design-Builder to the extent Design-Builder advances payment. Unless Owner advances payment to Design-Builder specifically to receive the discount, Design-Builder may include in its Application for Payment the full undiscounted cost of the item for which payment is sought. 6.2.4 The Application for Payment shall constitute Design-Builder's representation that the Work described herein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design-Builder's receipt of payment, whichever occurs earlier. 6.3 Withholding of Payments. 6.3.1 On or before the date established in the Agreement, Owner shall pay Design-Builder all amounts properly due. If Owner determines that Design-Builder is not entitled to all or part of an Application for Payment as a result of Design-Builder's failure to meet its obligations hereunder, it will notify Design-Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, the specific measures Design-Builder must take to rectify Owner's concerns, and certify for payment all amounts not specifically so withheld from payment. Design- Builder and Construction Manager will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract Documents, including those under Article 10 hereof. DBIA Document No.535 Page 11 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 735 of 972 6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design-Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 6.4 Right to Stop Work and Interest. 6.4.1 If Owner fails to pay timely Design-Builder any amount that becomes due, Design- Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to Section 11.3 hereof. All payments due and unpaid shall bear interest at the rate set forth in the Agreement. 6.5 Design-Builder's Payment Obligations. 6.5.1 Design-Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts Design-Builder has received from Owner on account of their work. Design-Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Design-Builder will indemnify and defend Owner against any claims for payment and mechanic's liens as set forth in Section 7.3 hereof. 6.6 Substantial Completion. 6.6.1 Design-Builder shall notify Construction Manager when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is Substantially Complete. Within five (5) days of Construction Manager's receipt of Design-Builder's notice, Construction Manager and Design-Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. If such Work is Substantially Complete, Construction Manager shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design- Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 6.6.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design-Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) Owner and Design-Builder agree that Owner's use or occupancy will not interfere with Design-Builder's completion of the remaining Work. 6.7 Final Payment. 6.7.1 After receipt of a Final Application for Payment from Design-Builder, Owner shall make final payment by the time required in the Agreement, provided that Design-Builder has achieved Final Completion. 6.7.2 At the time of submission of its Final Application for Payment, Design-Builder shall DBIA Document No.535 Page 12 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 736 of 972 provide the following information: 6.7.2.1 An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests and for which Owner has tendered payment; 6.7.2.2 A general release executed by Design-Builder waiving, upon receipt of final payment by Design-Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 6.7.2.3 Consent of Design-Builder's surety, if any, to final payment; 6.7.2.4 All operating manuals, warranties and other deliverables required by the Contract Documents; and 6.7.2.5 Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 6.7.3 Upon making final payment, Owner waives all claims against Design-Builder except claims relating to (i) Design-Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design-Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion and (iii) the terms of any special warranties required by the Contract Documents. 6.7.4 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the Punch List if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design-Builder under Sections 2.9 and 2.10 herein, and shall not be a reason to withhold final payment from Design-Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed. Article 7 Indemnification 7.1 Patent and Copyright Infringement. 7.1.1 Design-Builder shall defend any action or proceeding brought against Owner based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Design-Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design- Builder shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys' fees and expenses awarded against Owner or Design- Builder in any such action or proceeding. Design-Builder agrees to keep Owner informed of all developments in the defense of such actions. 7.1.2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Design-Builder shall at its sole expense take reasonable steps to procure the right to operate or use the Work. If Design-Builder cannot so procure such right within a reasonable time, Design-Builder shall promptly, at Design- Builder's option and at Design-Builder's expense, (i) modify the Work so as to avoid infringement of any such patent or copyright or(ii) replace said Work with Work that does not infringe or violate any such patent or copyright. DBIA Document No.535 Page 13 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 737 of 972 7.1.3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Design-Builder to Owner or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Design-Builder to the same extent Design-Builder is obligated to defend, indemnify and hold harmless Owner in Section 7.1.1 above. 7.1.4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the parties relating to liability for infringement of violation of any patent or copyright. 7.2 Tax Claim Indemnification. 7.2.1 If, in accordance with Owner's direction, an exemption for all or part of the Work is claimed for taxes, Owner shall indemnify, defend and hold harmless Design-Builder from and against any liability, penalty, interest, fine, tax assessment, attorneys' fees or other expenses or costs incurred by Design-Builder as a result of any action taken by Design-Builder in accordance with Owner's directive. Owner shall furnish Design-Builder with any applicable tax exemption certificates necessary to obtain such exemption, upon which Design-Builder may rely. 7.3 Payment Claim Indemnification. 7.3.1 Provided that Owner is not in breach of its contractual obligation to make payments to Design-Builder for the Work, Design-Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design-Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys' fees. 7.4 Design-Builder's General Indemnification. 7.4.1 Design-Builder, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Owner, its officers, directors, and employees from and against claims, losses, damages, liabilities, including attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions of Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable. 7.4.2 If an employee of Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Design-Builder's indemnity obligation set forth in Section 7.4.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Design-Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. 7.5 Owner's General Indemnification. 7.5.1 Owner, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Design-Builder and any of Design-Builder's officers, directors, and employees, from and against DBIA Document No.535 Page 14 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 738 of 972 claims, losses, damages, liabilities, including attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself)to the extent resulting from the negligent acts or omissions of Owner, Owner's separate contractors or anyone for whose acts any of them may be liable. 7.5.2 If an employee of Owner, Owner's separate contractors, or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Owner's indemnity obligation set forth in Section 7.5.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Owner, Owner's separate contractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. Article 8 Time 8.1 Obligation to Achieve the Contract Times. 8.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the Agreement. 8.2 Delays to the Work. 8.2.1 If Design-Builder is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design-Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. By way of example, events that will entitle Design-Builder to an extension of the Contract Time(s) include acts or omissions of Owner, Construction Manager, or anyone under Owner's or Construction Manager's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. 8.2.2 In addition to Design-Builder's right to a time extension for those events set forth in Section 8.2.1 above, Design-Builder shall also be entitled to an appropriate adjustment of the Contract Price. Article 9 Changes to the Contract Price and Time 9.1 Change Orders. 9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by the Parties, stating their agreement upon all of the following: 9.1.1.1 The scope of the change in the Work; 9.1.1.2 The amount of the adjustment to the Contract Price; and 9.1.1.3 The extent of the adjustment to the Contract Time(s). 9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. The Parties shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. DBIA Document No.535 Page 15 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 739 of 972 9.1.3 If Construction Manager requests a proposal for a change in the Work from Design- Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design-Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. 9.2 Work Change Directives. 9.2.1 A Work Change Directive is a written order prepared and signed by Construction Manager directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 9.2.2 Construction Manager and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 9.3 Minor Changes in the Work. 9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design-Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design-Builder shall promptly inform Construction Manager, in writing, of any such changes and record such changes on the documents maintained by Design-Builder. 9.4 Contract Price Adjustments. 9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 9.4.1.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; 9.4.1.2 A mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Construction Manager; 9.4.1.3 Costs, fees and any other markups set forth in the Agreement; or 9.4.1.4 If an increase or decrease cannot be agreed to as set forth in items 9.4.1.1 through 9.4.1.3 above and Construction Manager issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. 9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design- Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 9.4.3 If Owner and Design-Builder disagree upon whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Construction Manager and Design-Builder shall resolve the disagreement pursuant to Article 10 hereof.As part of the negotiation process, Design-Builder shall furnish Construction Manager with a good faith estimate of the costs to perform the disputed services in accordance with Construction Manager's interpretations. If the parties are unable to DBIA Document No.535 Page 16 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 740 of 972 agree and Construction Manager expects Design-Builder to perform the services in accordance with Construction Manager's interpretations, Design-Builder shall proceed to perform the disputed services, conditioned upon Construction Manager issuing a written order to Design-Builder (i) directing Design-Builder to proceed and (ii) specifying Construction Manager's interpretation of the services that are to be performed. If this occurs, Design-Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design-Builder does not prejudice Design-Builder's right to seek full payment of the disputed services if Construction Manager's order is deemed to be a change to the Work. 9.5 Emergencies. 9.5.1 In any emergency affecting the safety of persons and/or property, Design-Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9. Article 10 Contract Adjustments and Disputes 10.1 Requests for Contract Adjustments and Relief. 10.1.1 If either Design-Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions of Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty- one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. 10.2 Dispute Avoidance and Resolution. 10.2.1 The Parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, the Parties each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 10.2.2 The Parties will first attempt to resolve disputes or disagreements at the field level through discussions between Design-Builder's Representative and Owner's Representative which shall conclude within fourteen (14) days of the written notice provided for in Section 10.1.1 unless the Parties mutually agree otherwise. 10.2.3 If a dispute or disagreement cannot be resolved through Design-Builder's Representative and Owner's Representative, Design-Builder's Senior Representative and Owner's Senior Representative, upon the request of either party, shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Five (5) days prior to any meetings between the Senior DBIA Document No.535 Page 17 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 741 of 972 Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 10.2.4 If after meeting the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit within thirty (30) days of the conclusion of the meeting of Senior Representatives the dispute or disagreement to non-binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Unless otherwise mutually agreed by the Parties and consistent with the mediator's schedule, the mediation shall commence within ninety (90) days of the submission of the dispute to mediation. 10.3 Dispute Resolution. 10.3.1 Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10.2 above, shall be decided by litigation in a State court of competent jurisdiction in Palm Beach County, Florida, unless the parties mutually agree otherwise. 10.3.2 The Parties expressly agree that any litigation pursuant to this Section 10.3 may be joined or consolidated with any litigation involving any other person or entity (i) necessary to resolve the claim, dispute or controversy, or (ii) substantially involved in or affected by such claim, dispute or controversy. Both Design-Builder and Owner will include appropriate provisions in all contracts they execute with other parties in connection with the Project to require such joinder or consolidation. 10.3.3 The prevailing party in any law suit, or any other final, binding dispute proceeding upon which the parties may agree, shall be entitled to recover from the other party reasonable attorneys' fees and expenses incurred by the prevailing party. Including all appeals and administrative proceedings. 10.4 Duty to Continue Performance. 10.4.1 Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design- Builder, pending the final resolution of any dispute or disagreement between Design-Builder and Owner. 10.5 CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY. 10.5.1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET FORTH IN SECTION 10.5.2 BELOW), NEITHER DESIGN-BUILDER NOR OWNER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING. 10.5.2 The consequential damages limitation set forth in Section 10.5.1 above is not intended to affect the payment of liquidated damages or lost early completion bonus, if any, set forth in Article 5 of the Agreement, which both parties recognize has been established, in part, to reimburse Owner or reward Design-Builder for some damages that might otherwise be deemed to be DBIA Document No.535 Page 18 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 742 of 972 consequential. 10.5.3 Limitation of Liability. Design-Builder's maximum aggregate liability under the Contract Documents from any and all causes shall in no case exceed ten percent (10%) of the Contract Price (as the same may be adjusted in accordance with the Contract Documents). Article 11 Stop Work and Termination for Cause 11.1 Owner's Right to Stop Work. 11.1.1 Construction Manager may, with Owner's prior approval, without cause and for Owner's convenience, order Design-Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. 11.1.2 Design-Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of the Work by Construction Manager. 11.2 Owner's Right to Perform and Terminate for Cause. 11.2.1 If Design-Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, or (v) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below. 11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Construction Manager may, with Owner's prior approval, provide written notice to Design-Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design-Builder's receipt of such notice. If Design-Builder fails to cure, or reasonably commence to cure, such problem, then Construction Manager may give a second written notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design-Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Construction Manager may declare the Agreement terminated for default by providing written notice to Design-Builder of such declaration. 11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Construction Manager may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design-Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any qualified person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design-Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design-Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design-Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design-Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expenses, DBIA Document No.535 Page 19 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 743 of 972 incurred by Owner in connection with the reprocurement and defense of claims arising from Design-Builder's default, subject to the waiver of consequential damages set forth in Section 10.5 hereof. 11.2.4 If Construction Manager improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Article 8 of the Agreement. 11.3 Design-Builder's Right to Stop Work. 11.3.1 Design-Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop the Work for the following reasons: 11.3.1.1 Owner's failure to provide financial assurances as required under Section 3.3 hereof; or 11.3.1.2 Owner's failure to pay amounts properly due under Design-Builder's Application for Payment within the times provided in the Contract Documents. 11.3.2 Should any of the events set forth in Section 11.3.1 above occur, Design-Builder has the right to provide Construction Manager with written notice that Design-Builder will stop the Work unless said event is cured within seven (7) days from Construction Manager's receipt of Design- Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design- Builder may stop the Work. In such case, Design-Builder shall be entitled to an equitable adjustment in the Contract Price and Contract Time(s) to the extent they have been impacted by such stoppage. 11.4 Design-Builder's Right to Terminate for Cause. 11.4.1 Design-Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: 11.4.1.1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Construction Manager under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose acts Design-Builder may be responsible. 11.4.1.2 Construction Manager's failure to provide Design-Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Construction Manager has not ordered Design-Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof. 11.4.1.3 Owner's failure to cure the problems set forth in Section 11.3.1 above after Design-Builder has stopped the Work. 11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design-Builder may provide written notice to Construction Manager that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Construction Manager's receipt of such notice. If Construction Manager fails to cure, or reasonably commence to cure, such problem, then Design-Builder may give a second written notice to Construction Manager of its intent to terminate within an additional seven (7) day period. If Construction Manager, within such second seven (7) day period, fails to cure, or reasonably commence to DBIA Document No.535 Page 20 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 744 of 972 cure, such problem, then Design-Builder may declare the Agreement terminated for default by providing written notice to Construction Manager of such declaration. In such case, Design- Builder shall be entitled to recover in the same manner as if Construction Manager had terminated the Agreement for its convenience under Article 8 of the Agreement. 11.5 Bankruptcy of Owner or Design-Builder. 11.5.1 If either Owner or Design-Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: 11.5.1.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non-Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and 11.5.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non-Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non-Bankrupt Party under this Article 11. 11.5.2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability of the non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision of these General Conditions of Contract. Article 12 Electronic Data 12.1 Electronic Data. 12.1.1 The Parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among the Parties and others in electronic media as an alternative to paper hard copies (collectively"Electronic Data"). 12.2 Transmission of Electronic Data. 12.2.1 The Parties shall agree upon the software and the format for the transmission of Electronic Data. Each Party shall be responsible for securing the legal rights to access the agreed-upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 12.2.2 No Party makes any representations or warranties to the other Parties with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. DBIA Document No.535 Page 21 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 745 of 972 12.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 12.3 Electronic Data Protocol. 12.3.1 The Parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the Parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3. 12.3.2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing. 12.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 12.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. Article 13 Miscellaneous 13.1 Confidential Information. 13.1.1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project. 13.2 Assignment. 13.2.1 No Party shall, without the written consent of the other Parties assign, transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. DBIA Document No.535 Page 22 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 746 of 972 13.3 Successorship. 13.3.1 The Parties intend that the provisions of the Contract Documents are binding upon the Parties, their employees, agents, heirs, successors and assigns. 13.4 Governing Law. 13.4.1 The Agreement and all Contract Documents shall be governed by the laws of the State of Florida, without giving effect to its conflict of law principles. 13.5 Severability. 13.5.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 13.6 No Waiver. 13.6.1 The failure of a Party to insist, in any one or more instances, on the performance of any of the obligations required by another Party under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 13.7 Headings. 13.7.1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 13.8 Notice. 13.8.1 Whenever the Contract Documents require that notice be provided to another Party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, or (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient. 13.9 Amendments. 13.9.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each Party. 13.10 Counterparts. 13.10.1 This Agreement may be executed in counterparts, a complete set of such executed counterparts shall constitute the same Agreement, and the signature of any Party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. Faxed or otherwise electronically delivered copies will be treated as originals; however, this Agreement will only be binding when it has been executed by each Party. DBIA Document No.535 Page 23 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 747 of 972 FIRST AMENDMENT TO TOWN SQUARE REDEVELOPMENT PHASE 2 SERVICES AGREEMENT THIS FIRST AMENDMENT TO TOWN SQUARE REDEVELOPMENT PHASE 2 SERVICES AGREEMENT (this "Amendment") is made as of the 30t}1 day of July, 2018, by and between E21, REAL ESTATE SOLUTIONS, LLC, a Delaware limited liability company (the "Company"), and CITY OF BOYNTON BEACH,FLORIDA, a municipality of the State of Florida("City"). WITNESSETH: WHEREAS, the Company and City entered into that certain Town Square Redevelopment Phase 2 Services Agreement (the "Agreement") effective March 23, 2018 for the redevelopment and improvement of the Boynton Beach Town Square; and WHEREAS, the Company and City agree to amend the Agreement to end the Company's role as master developer for the Municipal Improvements when CFP Boynton Beach Town Square, LLC ("CFP"), a Florida limited liability company closes on the Permanent Financing and the notices to proceed are delivered for the Construction Contracts with respect to the Municipal Improvements; and WHEREAS,the Company and CFP will enter into Development Agreements upon the closing of the Permanent Financing by CFP for the Municipal Improvements, whereby the Company will manage and oversee the Municipal Improvements under these Development Agreements; and WHEREAS,the Company will continue its role as master developer under the Agreement for the High School Improvements, the DEP Improvements, and the construction of underground utility systems for the Project, as more specifically described on Exhibit A to this Amendment; and WHEREAS, pursuant to Section 13.8 of the Agreement, no amendment of or modification to the Agreement shall be valid unless and until executed in writing by the duly authorized representatives of both parties to the Agreement; and WHEREAS, capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Agreement. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. The third Whereas clause of the Agreement is hereby deleted in its entirety and replaced with the following: "WHEREAS, part of the public improvements in the Project include renovations and improvements to a historic High School Building located on East Ocean Avenue east of Seacrest Boulevard in the City(the "High School Improvements"),the construction of a district energy plant (the 'DEP Improvements") and the construction of underground utility systems for the Project (the "Utility Improvements,") and together with the High School Improvements and the DEP Improvements, known as the 'Public Improvements") all as more specifically described on Exhibit A, which is attached hereto and incorporated herein by reference; and" 2. The ninth Whereas clause of the Agreement is hereby deleted in its entirety and replaced with the following: (00243841.1306-9905263) 1 Page 748 of 972 "WHEREAS, the Public Improvements and the Municipal Improvements are collectively referred to herein as the "Improvements;" and" 3. Section 3.2 of the Agreement is hereby deleted in its entirety and replaced with the following: "Section 3.2. Phase 2 Services. The Phase 2 Services to be performed hereunder will be rendered and paid for as provided herein. The execution of this Agreement constitutes the City's authorization for the Company to perform the Phase 2 Services.The Company is not authorized to proceed with any additional services or work unless and until it receives a written notice to proceed from the City.The Phase 2 Services include development,oversight and management,for the benefit and on behalf of the City, of the services required by the Design-Build Contracts, including the following: (a) Consult with the City and act as the City's development partner and the Project's master developer during design and/or construction phases of the Improvements;provided, however,the Company's role as master developer in connection with the Municipal Improvements shall end at such time as Permanent Financing is issued and the notices to proceed are delivered for the Construction Contracts with respect to the Municipal Improvements; (b) Review submittals prepared by or for Design-Builders including drawings,specifications, shop drawings and samples and other submittals required by the Construction Contracts for acceptability and conformance with the Construction Contracts for the Public Improvements (the "Public Improvements Contracts"); (c) Visit the Public Improvements' sites during construction for general inspection and observation, meetings with the parties, and to determine in general if the work is proceeding in accordance with the Public Improvements Contracts; (d) Review and approve requests for payment pursuant to the Public Improvements Contracts; (e) Accompany the City with pre-occupancy and/or final inspections of the completed work; and (f) Contract as master developer of the Project with the Design-Builders responsible for the design and construction of the Public Improvements; provided, however, that the Design Build Contract for the High School Improvements shall only include the remaining work required to complete the High School Improvements as provided in the GMP therefor." 4. Section 3.3 of the Agreement is hereby amended by inserting at the end of such Section the following: "(e) Payments to Design-Builders. The City acknowledges and agrees that, notwithstanding anything to the contrary set forth in this Agreement, it is solely responsible and liable for the payment of any and all amounts due and payable to any Design-Builder or others in connection with, and pursuant to the terms and conditions of, any such Public Improvements Contracts. The City hereby agrees to make each such payment in accordance with the Public Improvements Contracts,without delay. 5. Article N of the Agreement is hereby amended by inserting at the end of such Article the following: (00243841.1306-9905263) 2 Page 749 of 972 "Section 4.2. Termination of Certain Company Services. The Company's duties and responsibilities under this Agreement with respect to the Municipal Improvements (other than the joint use public private parking garage described in the definition of the Municipal Improvements) shall be completed and shall terminate upon the issuance of the Pennanent Financing and the delivery of the notices to proceed for the Construction Contracts with respect to the Municipal Improvements." 6. Section 6.3 of the Agreement is hereby amended by: (a) deleting the word"or"at the end of subsection(c); (b) deleting the period at the end of subsection(d)and substituting "; or"therefor; (c) inserting at the end of subsection(d)the following new subsection(e): "(e)nonpayment by the City of any amount due and payable to Design-Builders and others pursuant to the terms and conditions of the Public Improvements Contracts." 7. Exhibit C of the Agreement is hereby deleted in its entirety and replaced with the schedule of Phase 2 Interim and Final Development Costs attached as Exhibit B to this Amendment. 8. Except as expressly amended hereby, the terms and conditions of the Agreement are hereby ratified and confirmed, and shall continue in full force and effect. In the event of any conflict or inconsistency between the terms set forth herein and the terms of the Contract, the terms contained in this First Amendment shall govern and control. Except as expressly provided in this Amendment, all of the terms and provisions of the Agreement are and will remain in full force and effect and are hereby ratified and confirmed by the parties. Without limiting the generality of the foregoing, the amendments contained herein will not be construed as an amendment to or waiver of any other provision of the Agreement or as a waiver of or consent to any further or future action on the part of either party that would require the waiver or consent of the other party. Each reference in the Agreement to "this Agreement," "the Agreement," "hereunder," "hereof," "herein" or words of like import will mean and be a reference to the Agreement as amended by this Amendment. 9. This Amendment may be executed in counterparts, each of which is deemed an original, but all of which constitutes one and the same agreement. Delivery of an executed counterpart of this Amendment electronically via email shall be effective as delivery of an original executed counterpart of this Amendment. (SIGNATURES CONTAINED ON THE FOLLOWING PAGE(S)) {00243841.1306-9905263} 3 Page 750 of 972 IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed as of the date first set forth above. Company: E2L REAL ESTATE SOLUTIONS,LLC, a Delaware limited liability company By: G �� M711efferin,MaygoW Date of execution: 8 '(Z��X CITY: APP OVEL�A TO FORM AND CITY OF BOYNTON BEACH, FLORIDA, a LEG KL FACIE ,CY municipality of the State of Florida B Ci Attore .` Name: Steven B.Grant ( Title:Mayor Attest: ° . By: CITY CLERK Date of execution: (00243841.1306-905263) 4 Page 751 of 972 EXHIBIT A UNDERGROUND UTILITY SYSTEMS FOR THE PROJECT (00243841.1306-9905263) 5 Page 752 of 972 EXHIBIT "A" 1 0 k�✓yYg 12L rf REAL ESTATE SOLUTIONS,LLf HASKELL Page 1 of 181 Page 753 of 972 Table of Contents GMP Summary Central Energy Plant GMP Site Water and Sanitary Utilities GMP a L II M Orlando Utilities Commission Central Energy Plant I-VBOYNTON BEACFi Tov✓N SQUARE REDEVELOPMEf4T -CEr�i FRAL INERGY PNT LrN Page f6f o f02 1- ® HASKELL Page 3 of 181 Page 755 of 972 HAS LL GMP Summary BOYNTON BEACH CEP AND SITE UTILITIES 5/29/2018 Boynton Beach, Florida OVERALL GMP CENTRAL ENERGY PLANT GMP $ 10,447,544 SITE WATER AND SANITARY UTILITIES GMP $ 3,073,572 TOTAL CEP AND SITE UTILITIES GMP $ 13,521,116 Design-Builder's Fee CENTRAL ENERGY PLANT GMP $ 626,853 SITE WATER AND SANITARY UTILITIES GMP $ 184,414 TOTAL FEE CEP AND SITE UTILITIES $ 811,267 Phase 1 &2 Design CENTRAL ENERGY PLANT PHASE 1 DESIGN $ 360,960 CENTRAL ENERGY PLANT PHASE 2 DESIGN $ 522,378 SITE WATER AND SANITARY UTILITIES PHASE 1 DESIGN $ - SITE WATER AND SANITARY UTILITIES PHASE 2 DESIGN $ - TOTAL DESIGN CEP AND SITE UTILITIES $ 883,3,38 Phase 2 General Conditions CENTRAL ENERGY PLANT GMP $ 650,672 SITE WATER AND SANITARY UTILITIES GMP $ 191,422 TOTAL GENERAL CONDITIONS CEP AND SITE UTILITIES $ 842,094 GMP Contingency CENTRAL ENERGY PLANT GMP $ 399,089 SITE WATER AND SANITARY UTILITIES GMP $ 130,942 TOTAL CONTINGENCY CEP AND SITE UTILITIES $ 530,031 Page 75trVVY m 4- P HASKELL Pago 5 of 181 Page 757 of 972 1 w y. i �«kir=","f�•`'9'i rT E2L REAL ESTATE SOLUTIONS,LLC HASKELL Page 6 of 181 Page 758 of 972 n >m _ r m r m to a ;O n 0 m 0 N AIL APF MAY 0 Robert Fernandez I Director of Project Development 1n Riverside Avenue Jacksonville,FL32202 Off:904.791.4686 robert.fernandez@haskell.com May 29,2018 Mark Hefferin,President E2L Real Estate Solutions,LLC 1400 W.Fairbanks Ave.Ste.201 Winter Park,Florida 32789 Re:Boynton Beach Town Square Redevelopment District Energy Services Facility Design-Build Phase II Proposal WE MAKE IT CERTAIN Certainty of Outcome Dear Mark: our design-build team leverages experience to deliver project certainty.The team brings a The Haskell Company(Haskell)appreciates the opportunity to submit the enclosed design- unique ability to collaborate build proposal for Boynton Beach Town Square Redevelopment District Energy Services and provide innovative design facility on the Fire Station site.We hope that upon review of our GMP submission you will and engineering solutions that agree that Haskell has provided a Phase II design-build proposal that will meet or exceed balance the aesthetics of a your project goals.Haskell and each member of our design team have worked diligently to facility with the operational and technical requirements of the develop a proposal that meets the budget and the operational needs of the Town Square facility's functions,Through Redevelopment project. effective partnering,we have laid the foundation of a team with Design-build delivery,particularly for a fast-track project as unique as this proposed Central capabilities to successfully manage and control the critical elements Energy Plant,requires a disciplined,integrated approach and careful risk mitigation planning of aesthetics,functionality,safety, in order to deliver a facility within your project budget and expected time frame.We are cost,quality and schedule. culturally driven to provide high-value solutions and operational excellence,carefully developed and delivered in a flexible and responsive manner. Design-Build Partners Haskell and its design team members are very confident in our ability to successfully execute this highly important work in a manner which meets and exceeds all of your goals and A-- l HASKELL objectives.We look forward to continuing the design-build process with you and the City of Boynton Beach. �° Baker Barrios KimlepMorn Robert Fernandez Director of Project Development Municipal and Education Division 111 Riverside Avenue is Jacksonville, FL 32202 904.791.4686 robert.fernandez@haskell.com Page 7Pff08f'0 Table of Contents Cover Letter/Table of Contents Estimate Summary Estimate Detail 1. CEP Detailed Estimate 2. Haskell General Conditions 3, Haskell Staffing Plan Clarifications Design Documents 1. CEP Outline Specifications 2. CEP Architectural Drawings 3. CEP MEP Process Drawings Project Schedule Orlando Utilities Commission Central Energy Plant BOYNTOH BEACH Totir,\j SczuaaE R EOEVFLOPINAE ] CENTRAL EPTAH I Page -/tle8ff61� m HASKELL Page 10 of 181 Page 762 of 972 SKEL TOTAL'BASEBID $ 10,447,544; 5,6405E Estimate#:44001990 Job Name: NTON CEP Date:5/29/2018 Scope Description 11/03/18 EstimatelCurrentEstimateAdjustment Subcontractor % $/UM 0.0% $ 0.0 PROPOSALCOSTS $ $ 0.0% $ 0.0% $0.01 ALLOWANCES $ - 0.0%0.01A TEMP.CHILLER FOR HIGHSCHOO $ 200,000 $ % $ 35.46 0.016 GENERATOR ALLOWANCE $ - $ , $ 350,000 3.4% $ 62.06 0.01 LOUVERS $ 484,000 $ 145,525 $ (338,475) 1.4% $ 25.80 0.0% $ - 0.02 UNIT PRICES $ - $ $ - 0.0% $ - 0.1 DESIGN $ - $ $ 0.0% $ 0.11 TRAVEL DURING DESIGN $ $ $ - 0.0% $ - 0.12 A/E DRAWINGS DURING DESIGN $ $ $ - 0.0% $ - 0.13 TOPO SURVEY $ 0.0% $ - 0.14 GEOTECH REPORT $ - $ $ 0.0% $ PHASE 1: 01 GENERAL CONDITIONS $ 650,672 $ 650,672 $ - 6.2% $ 115.37 01.8 GENERAL REQUIREMENTS $ - $ - $ 0.0% $ - 0.0% $ - 02 B EARTHWORK $ 35,304 $ 35,304 $ - 0.3% $ 6.26 02 C PRE-INSULATED CHILLEDWATER $ 1,300,000 $ 1,325,000 $ 25,000 sMc 12.7% $ 234.93 02 D SITE IMPROVEMENTS $ - $ 0.0o % $ - 03 A FOUNDATIONS $ 31,566 $ 40,000 $ 8,434 DB by HJ High 0.4% $ 7.09 03 B SLAB ON GRADE $ 24,856 $ 38,900 $ 14,044 DIB by HJ High 0.4% $ 6.90 03 C ELEVATED SLABS $ 63,034 $ 49,797 $ (13,237)DB by HJ High 0.5% $ 8.83 03 D EQUIP PAD/CURB/PIPE SUPPT $ 12,496 $ 12,496 $ - DB by HJ High 0.1% $ 2.22 03 E TILT-UP CONCRETE PANELS $ 335,331 $ 239,395 $ (95,936)DB by HJ High 2.3% $ 42.45 04 A MASONRY-PARTITIONS $ - $ $ DB by HJ High 0.0% $ 05 A STRUCTURAL STEEL-LBS $ 318,329 $ 283,695 $ (34,634)D/B by HJ High 2.7% $ 50.30 05 B MISC METALS $ 38,832 $ 10,818 $ (28,014) 0.1% $ 1.92 07 A ROOFING&ACCESSORIES $ 59,625 $ 93,270 0.9% $ 16.54 07 C CAULKING $ 2,833 $ 2,493 $ (340) 0.0% $ 0.44 08 A DOORS $ 15,082 $ 9,803 $ (5,279) 0.1% $ 1.74 08 B SPECIAL DOORS $ 37,500 $ 37,500 $ 0.4% $ 6.65 08 B ARCHITECTURAL FINISHES $ - $ 30,000 $ 30,000 0.3% $ 5.32 09 A INTERIOR DRYWALL PARTITIONS $ 7,707 $ 7,707 $ - 0.1% $ 1.37 09 B CEILINGS $ 1,951 $ 1,951 $ - 0.0% $ 0.35 09 C PAINTING $ 80,045 $ 70,508 $ (9,537) 0.7% $ 12.50 15 G PLUMBING $ 40,000 $ 40,000 $ 0.4% $ 7.09 15 H FIRE PROTECTION $ 17,620 $ 17,620 $ - 0.2% $ 3.12 151 HVAC $ 3,650,000 $ 3,650,000 $ - sMc 34.9% $ 647.16 16 A ELECTRICAL $ 575,000 $ 575,000 $ - Hypower 5.5% $ 101.95 16 B TELEPHONE/DATA/CAN $ - $ 15,000 $ 15,000 0.1% $ 2.66 0.0% $ - Sub Total $ 7,981,782 $ 7,932,454 $ (82,973) 75.9% Contingency 5.00% $ 399,089 3.8%-$ 70.76 Design Fee 7.50% $ 522,378 5.0% $ 92.62 Builder's Risk Insurance 0.45% $ 47,014 0.5% $ 8.34 General Liability Insurance 1.20% $ 125,371 1.2% $ 22.23 Owners Protective Insurance 0.00% $ - 0.0% $ - Gross Recei is Tax 0.00% $ - 0.0% $ - P&P Bond 0.81% $ 84,886 0.8% $ 15.05 Subguard 1% 1.00% $ 77,853.5 0.7/0 $ 13.80 Art Fee 1.00% $ 104,475 1.0% $ 18.52 Building Permit Fees $ 166,211.00 1.6% $ 29.47 Building Impact Fees By Owner $ - 0.0% $ - Sub Total $ 9,459,731 90-`'% OH&P 6.00% $ 626,853 6.0% $ 111.14 PHASE 1 Contract $ 360,960 3.5% $ 64.00 BID DAY ADJ $ - 0.0% $ - TOTAL BASE BID $ 10,447,544 100.0% $1,852.40 Page fdlOR06Y� a 440 HASKELL Page 12 of 181 Page 764 of 972 C) o M o r- LO ¢ N N rn M � a M(O In tri cD tOM NO)M Ur MO cD NO N 00 CO 00�'d' COO[r t��10 M N_ OO O�o CO I�OCD 1�Inn OWN--N V -o M V O N 2w rM- 07�t� MO� c0 00 OM M OIC/f�0 W-q- ti !:N O0 tr)N t�0(`')Nt0 �tT iy N oOtno 49 V�O C Nr o W o •d'CV M O O N M M(O N t' I N I c FSO U N N v c H w O o O o cD M M M M tD tC1 tO 47 cO o O)OO fD M O�-.-- N 2:3 CON tO ap O N O M N 01 N N sem+UO O O 4 o ul .6 M<"� O OD O O' O O o M r N tr) d' M H p Cl 54 = N N N V O h QW o�W C�(�j rn rna mcmoN rS' N N N N O O O o Crj O ` O O O O O 3 C c O O O W O O N N N N CA Z a m m ri CO LU M W MCO cO cOO r OwMMM O 0'C r N N N CV cr W J W Mo mrnc+oi` ticNONtio v �cMo� rn N m —w m tnLQti N t�oo M'd:am W rnm M(O04 allo F to c(0 M cOD CC i O o Q�W Co eo 00 ti W(D N n cO O .- c o tT co N c V N o Z N Ld CSV Cl OO .G NcM- O NOCCO ` f7 UC p L CO COO�CMO O CO cq �r W 6 W = n 0 0 0 0 a o M 7 N r O N 1IAA�O to to V' J N to ct Co O o= N z t)0 0 0 0 M C4 h n O 6 06 M O O tq O� � O 0) �67 m Cn Q; O 0 m Nd o O o N O O O N M M,M LL Ch O O O W OJJJJJ JJJ J UUU J U(7 Cn CnMM�Cn to LL LL LL LL LL mJ-Jww UUUU M 000 0. 00000000000.-00 o O o oo oo o o oo O o to to- v� o O O 0 0 0 N O O O O O O O O O O N(�C O o 0 0 0 0 0 0 0 0 0 c fl O O - ': O O'cl'OOMO COOO Cp NO ri CO t�MO thO CM�r O'd'OCD d'cO CO CO b `-`� O W OOI�aD I�OpO�O �.M-N ��a~OMNN NN c'! o0 COM O U C'J U U 7 ~2' W W W W W Of W W W Y N W W w waa F--F-F-¢¢ �""' U w cD W W aaaaa¢¢¢�� m m J Z S U a.a a���0 0 .6 W � o x_41 _I6�L'u!�yjJ L�ooww w O 0.' 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U D O C Y O O NU o v aEi m O N00 LL LL TO: JJ ♦^:2ENr•S C .O 0 0 O O O O O O O v O O O O U ro C = U) U o 0 0 0 0 0 0 0 0 /^O Y� Y = U pG '(V N N O O O v I`— Va) Iq C: U U N (J C m U U n z ; P :• • BEACH HIGH SCHOOL- EXHIBIT"A" November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 STRATICON plamell BUILDING COSTS 02000 EXISTING CONDITIONS 702,260 $ 24.73 03000 CONCRETE 427,250 $ 15.04 04000 MASONRY 325,101 $ 11.45 05000 METALS 145,223 $ 5.11 06000 WOODS,PLASTICS,COMPOSITES 525,622 $ 18.51 07000 THERMAL/MOISTURE PROTECTION 464,100 $ 16.34 08000 OPENINGS 689,869 $ 24.29 09000 FINISHES 1,285,624 $ 45.27 10000 MISCELLANEOUS SPECIALTIES 131,710 $ 4.64 11000 EQUIPMENT 10,000 $ 0.35 12000 FURNISHINGS 0 $ - 13000 SPECIAL CONSTRUCTION 0 $ - 14000 CONVEYING SYSTEMS 262,000 $ 9.22 21000 FIRE SUPPRESSION 93,600 $ 3.30 22000 PLUMBING 345,200 $ 12.15 23000 HVAC 720,000 $ 25.35 26000 ELECTRICAL SYSTEMS 821,000 $ 28.91 31000 EARTHWORK 68,000 $ 2.39 32000 EXTERIOR IMPROVEMENTS 30,0001 $ 1.06 33000 UTILITIES 0 $ - Subtota Bldg,& Site work 7,046,559 244.65 •General Conditions&Requirements 1 Is 437,833 Pre-Construction 1 is 60,000 Project Management/Supervision 1 is 673,653 Contingency 1 is 400,000 Architecture,Engineering,&Design Costs 1 Is 775,000 Permits @ 1.5%Hard Costs 105,698 Subtotal 2,452,184 •Performance and Payment Bonds 1 Is 113,985 General Liability Insurance 1 Is 115,353 ' Builder's Risk Insurance @ 1.2% 1 Is 113,985 Subtotal 343,323 Subtotals Total 9,842,066 FEE 7.00 % 689,292 Total-Lump Sum Amount 10,531,358 Notes: 1. Impact Fees-Not included 2. Furnishings are Not Included 3. This is a BUDGET estimate and is subject to change as information becomes available. 11/1/2017 Page 774 of 972 i STRATICON, LLC I BOYNTON BEACH HIGH SCHOOL GMP BUDGET UPDATE n ALT#9.1 ACOUSTICAL TREATMENT-GYM ONLY 1 EA $200,000.00 _ r m SUBTOTAL ATERNATES: $200,000.00 i f i I I i i i I i i i I Page 775 of 972 i Wednesday,November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 �,. ,*.. <" '�� s' -'�'-:^ .�"`, ;�. .�^.,� �'. �, yrs � '�`" "'�✓^„. - �`� -....�����;���� I�����,�. ¢ ��I '.-moo'- '""u .�.� � ''-�'� �.,,. •-.r,t-.al�raLL,--��. - "-��'.�� X���',�; �:�m�?-��.�:���c� � �.�',.;%;. "ms.µ✓g177- 020354 RESHORING UNDER GYM CONCRETE BEAMSISLAB 1 LS 21,500.00 i 020364 RESHORING UNDER 2ND FL WOOD FLOOR FRAMING 1 LS 26,350.00 j 020374 RESHORING UNDER ROOF FRAMING AREAS 1 LS 27,000.00 020384 RESHORING UNDER STAGE 1 LS 5,000,00 79,850.00 RU 022005 PARTIAL REMOVAL-SURVEY FOR STRUCTURAL ANALYSIS 1 LS 7,500.00 022010 INVESTIGATION/MAKESAFE DEMO-PLUMBING 1 LS 6,860.00 022015 INVESTIGATION/MAKESAFE DEMO-ELECTRICAL 1 LS 10,800.00 25,160.00 011 M I 022510 CONCRETE-SLABS ON GRADE/SUSPENDED SLABS/STAIRS 1 LS 4,750.00 022520 MASONRY-EXTERIOR WALLS-BRICK/BLOCK/CLAY TILE/COLS 1 LS 5,200.00 022530 WOOD ROOFS-GYM/FLAT ROOFS/TILE ROOF AREAS 1 LS 4,600.00 022540 WOODS WALLS-1ST&2ND FL STUDS 1 LS 2,800.00 022550 WOOD FLOOR FRAMING-1ST&2ND JOISTS 1 LS 3,450.00 20,800.00 i 024100 ROOF DEMO-FLAT ROOF AREAS(FROM BOTTOM W/SCAFFOLD) 1 LS 15,400.00 024101 ROOF DEMO-GYM AREA ROOFING ONLY 1 LS 9,500.00 024102 ROOF DEMO-GYM PLANKS ONLY 1 LS 27,000.00 024103 ROOF DEMO-REMOVE SKYLIGHTS @ STAIRS(FROM BOTTOM) 1 LS 19,000.00 024104 1 ST FL-WOOD FLOORS UNDER GYM 1 LS 9,700.00 j 024105 1ST FL-MID AREA-DEMO WALLS&CEILINGS 1 LS 10,700.00 j 024106 1ST FL- NORTH END WALLS&CEILINGS 1 LS 5,600.00 024107 1ST FL- REMOVE/DISPOSE OF BOILER&PIPING @ PIT 1 LS 6,400.00 024108 2ND FL-WOOD FLOORS AT GYM 1 LS 8,950.00 024109 2ND FL-WOOD BLEACHERS AT GYM SIDES ONLY 1 LS 7,800.00 120,050.00 .. 024120 2ND FL-SOUTH CLASSROOMS-STRIP CLGS&WALLS 1 LS 20,000.00 024121 2ND FL- MAIN HALLWAY-STRIP CLGS&WALLS 1 LS 12,500.00 024122 2ND FL-STRIP GYM WALLS 1 LS 2,500.00 024123 2ND FL-STRIP BATHROOMS-SAVE FIXTURES&FLOORS 1 LS 6,800.00 024124 1ST FL-SOUTH CLASSROOMS-STRIP CLGS&WALLS 1 LS 19,500.00 024125 IST FL- MAIN HALLWAY-STRIP CLGS&WALLS 1 LS 14,500.00 024126 1ST FL-STRIP BATHROOMS-SAVE FIXTURES&FLOORS 1 LS 7,800.00 024127 STAIR#1-DEMO/STRIP AFTER TREATMENT 1 LS 3,700.00 024128 STAIR#2-DEMO/STRIP AFTER TREATMENT 1 LS 4,200.00 024129 1 STAIR#3-DEMO/STRIP AFTER TREATMENT 1 LS 2,800.00 024130 STAIR#4-DEMO/STRIP AFTER TREATMENT 1 LS 3,200.00 97,500.00 11/1/2017 Page 776 of 972 Q2�2,Oi�vy�7��1110�1/t�L�&SAC�II�C,G�� N �� . malls.- 024213 DISASSEMBLY/RECLAIM EXISTING WOOD-FLOORS 1 LS 28,000,00 024215 DISASSEMBLY/RECLAIM EXISTING WOOD-TRIM 1 LS 7,500.00 024217 1 ST FL NORTH BATHROOMS-SALVAGE FLOOR TILE 1 LS 5,000.00 024219 REMOVE&STORE WOOD DOORS FOR REVIEW BY ARCH 1 LS 7,800.00 48,300.00 v x 7 Immimpas g —WHER _ x r roa =ar = 028715 AIR QUALITY MONITORING-AIRQUEST 1 LS 24,500.00 24,500.00 4 ► � �� OF 022623 ENVIRONMENTAL ASSESSMENT-ASBESTOS 1 LS 8,900.00 022626 ENVIRONMENTAL ASSESSMENT-LEAD PAINT 1 LS 7,500.00 022633 ENVIRONMENTAL ASSESSMENT-MICROBIALS 1 LS 7,700.00 24,100.00 TPIN ., 02 028213 ASBESTOS ABATEMENT-ROOF 1 LS 55,500.00 028214 ASBESTOS ABATEMENT-BUILDING 1 LS 29,750.00 028215 ASBESTOS ABATEMENT-KITCHEN 1 LS 9,400.00 94,650.00 I 028320 LEAD PAINT REMOVAL-STAIR RAILINGS 1 LS 5,850.00 028321 LEAD PAINT REMOVAL-WALLS/CEILINGS 1 LS 6,900.00 028322 LEAD PAINT REMOVAL-ROOF 1 LS 32,500.00 028323 LEAD PAINT ENCAPSULATION-ROOF TRUSSES 1 LS 15,300.00 60,550.00 I 028714 MICROBIOLOGICAL TREATMENT/REMOVAL-STAIR#1 1 LS 5,600.00 028715 MICROBIOLOGICAL TREATMENT/REMOVAL-STAIR#2 1 LS 6,800.00 028716 MICROBIOLOGICAL TREATMENT/REMOVAL-STAIR#3 1 LS 5,200.00 028717 MICROBIOLOGICAL TREATMENT/REMOVAL-STAIR#4 1 LS 5,200.00 028718 MICROBIOLOGICAL TREATMENT/REMOVAL-1 ST FL 1 LS 18,000.00 028719 MICROBIOLOGICAL TREATMENT/REMOVAL-2ND FL 1 LS 32,000.00 028720 MICROBIOLOGICAL TREATMENT/REMOVAL-ROOF AREAS 1 LS 29,500.00 102,300.00 i It I I I f { { 11/l/2017 Page 777 of 972 i • • • l November 1, 2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 w i I I ...,,. F—�# Wt _00-1 y� ill ; .:,:s A�+ ?1 V� "4 '2 .-` "-,...: a »..'3 � �, ...„:-.. ,.,'� >-# sW^ � .... - --'-.✓-. ,-„=..,_'. i 030105 CONCRETE RESTORATION-1 ST FL COLUMNS/WALLS 1 � LS 63,000.00 030110 CONCRETE RESTORATION-1 ST FL BEAMS 1 LS 39,500.00 030115 CONCRETE RESTORATION-2ND FL COLUMNS/WALLS 1 LS 59,000.00 030120 CONCRETE RESTORATION-2ND FL BEAMS 1 LS 51,000.00 030125 CONCRETE RESTORATION-GYM SLAB UNDER SIDE 1 LS 75,000.00 287,500.00 033005 CONCRETE FOOTINGS-ELEVATOR SHAFT#1 1 LS 3,900.00 033010 CONCRETE FOOTINGS-ELEVATOR SHAFT#2 1 LS 3,900.00 033015 CONCRETE FOOTINGS-NEW STAGE SLAB 1 LS 8,150.00 033020 CONCRETE FOOTINGS-ELEVATOR SHAFT#3 1 LS 3,900.00 033025 CONC 1 ST FL SLABS-S.O.G.UNDER GYM AREA 1 SF 37,500.00 033030 CONC 1 ST FL SLABS-NEW KITCHEN AREA 1 LS 4,400.00 033035 CONC 1ST FL SLABS-FILL OPEN TRENCH 1 LS 2,800.00 033040 CONC 1ST FL SLABS-NEW SLAB @ BOILER PIT 1 LS 3,200.00 033045 CONC-NEW SLAB ON DECK BELOW STAGE 1 LS 28,500.00 033050 CONC 2ND FL SLABS-GYM AREA TOPPING 1 SF - 033055 CONC 2ND FL SLABS-TRANSITION TO STAIRS 1 LS 2,150.00 033060 CONC 2ND FL SLABS-TRANSITION TO RAMPS 1 LS 2,050.00 033065 CONCRETE PADS 1 LS 2,800.00 103,250.00 CONC-SAWCUTTING FOR FOOTINGS GENERAL 1 LS 2,600.00 SAWCUT S.O.G FOR COL FTGS NEW STAGE SLAB 1 LS 5,500.00 CONC-SAWCUTTING FOR ELEVATOR PITS 2 EA 4,800.00 CONC-SAWCUTTING FOR U.G.UTILITIES 1 LS 2,100.00 E SAWCUT S.O.G FOR NEW ELEVATOR#3 1 EA 1,400.00 SAWCUT NEW OPENINGS FOR FRENCH DOORS 2 EA 4,000.00 SAWCUT/REMOVE GYM SLAB AREA @ STAGE FRONT 1 LS 8,500.00 28,900.00 Y_ '.�i �.. ��. .; _ ✓-* -.-�.,.,-',: ;��,x=��-��'-*:s-�..�c� .�.',�- .�-:.Mss-�r'��-�c'-' � r �, _ - r ��� cr r'..�,,,;,. 1111/2017 Page 778 of 972 i : • • I I r Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 i ii i I x� � QaMAAO( -.c-., ^Y-ter" •.; '"'" „-, "'" ... a-" - "r." ":r "r.r ^,---'`'�„" E.,� -tea, w 040310 STO STRUCT TREATMENT @ WINDOWS-CONDITION#1 1 LS 103,000.00 040315 STO STRUCT TREATEMENT @ WINDOWS-CONDITION#2 1 LS 68,171.00 040320 MISC CMU REPAIRS PER STRUCT ENGINEER 1 LS 25,000.00 196,171.00 042205 ELEVATOR SHAFT#1 1260 SF 35,670.60 042210 ELEVATOR SHAFT#2&3 1740 SF 49,259.40 84,930.00 -7--7 75 047210 CAST STONE WINDOW SILLS&URNS 1 LS 30,000.00 047220 CAST STONE-REPAIR(ALLOWANCE) 1 LS 14,000.00 j 44,000.00 a I i I ( I I I 1111!2017 Page 779 of 972 i I : • • • • A Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 051010 STRUCTURAL STEEL ANGLES @ ELEV SHAFT ROOFS 3 EA 1,350.00 051015 STRUCTURAL STEEL-ELEVATOR HOIST BEAMS 3 EA 1,275.00 051020 STRUCTURAL STEEL COLS/BEAMS/PLATES(ALLOWANCE) 1 LS 25,000.00 051025 COLS/BEAMS/DECKING NEW STAGE SLAB 1 LS 52,348.00 051030 ACCORDION WALL SUPPORT 12 EA 9,600,00 89,573.00 053010 ELEVATOR SHAFT ROOFS METAL DECKING 3 EA 11,400.00 11,400.00 awl a az; ..t ," ,w , .:s l"l iM ,,"-,. ' .,"' 055110 METAL FABRICATIONS(ALLOWANCE) 1 LS 15,000.00 055115 STEEL FRAME SUPPORTS @ WINDOW OPENINGS 15,000.00 055135 ELEVATOR PIT LADDERS 3 EA 450.00 055137 ROOF HATCH LADDERS(NO CAGES) 2 EA 800.00 1,250.00 I 055210 STAIR RAIL RETROFIT RAILS/SCREENS 1 LS 28,000.00 28,000.00 Mw , I 11/l/2017 Page 780 of 972 I i Wednesday, November 1, 2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 I I I I i _ a `ter ."'"'`?... 061053 ROUGH CARPENTRY-FLAT ROOF NEW JOISTS 1 LS 5,700.00 061055 ROUGH CARPENTRY-TILE ROOF NEW JOISTS 1 LS 4,150.00 061057 ROUGH CARPENTRY-HALLWAY ROOF AREA FRAMING 1 LS 4,600.00 061059 ROUGH CARPENTRY-GYM ROOF T&G PLANKS 1 LS 173,000.00 061061 ROUGH CARPENTRY-FLAT ROOF SKYLIGHT CURBS 1 LS 3,200.00 061063 ROUGH CARPENTRY-FLAT ROOF SCUTTLE OPENINGS 1 LS 2,200.00 061065 ROUGH CARPENTRY-FLAT ROOF HVAC ACCESS PANELS 1 LS 1,850.00 061066 ROUGH CARPENTRY-2ND FL HALLWAY NEW JOISTS 1 LS 3,100.00 061067 ROUGH CARPENTRY-GYM FLOOR 2 X SLEEPERS 1 LS 2,200.00 061069 ROUGH CARPENTRY-2ND FL WOOD STUDS 1 LS 5,300.00 061070 ROUGH CARPENTRY-2ND IN WALL BACKING 1 LS 2,800.00 061071 ROUGH CARPENTRY-1ST FL CLASSROOM NEW JOISTS 1 LS 5,000.00 061073 ROUGH CARPENTRY-1ST FL HALLWAY NEW JOISTS 1 LS 6,500.00 061075 ROUGH CARPENTRY-1ST FL WOOD STUDS 1 LS 3,350.00 061076 ROUGH CARPENTRY-1ST IN WALL BACKING 1 LS 2,950.00 225,900.00 I NEW 061516 n PLYWOOD ROOF DECKING-FLAT ROOF AREAS 1 LS 12,000.00 061517 PLYWOOD ROOF DECKING-SLOPED TILE ROOFS 1 LS 5,800.00 061620 PLYWOOD SUBFLOORING -2ND FLOOR CLASSROOMS 1 LS 1 22,418.00 061621 PLYWOOD SUBFLOORING-2ND FLOOR HALLWAYS 1 LS 22,418.00 061622 PLYWOOD SUBFLOORING-GYM FLOOR 1 LS 11,250.00 061623 PLYWOOD SUBFLOORING -IST FLOOR CLASSROOMS 1 LS 22,418.00 061624 PLYWOOD SUBFLOORING-IST FLOOR HALLWAYS 1 LS 22,418.00 061626 PLYWOOD UNDERLAYMENT-2ND FLOOR CLASSROOMS 1 LS 18,400.00 061627 PLYWOOD UNDERLAYMENT-2ND FLOOR HALLWAY 1 LS 19,950.00 061628 PLYWOOD UNDERLAYMENT-1ST FLOOR CLASSROOMS 1 LS 18,400.00 061629 PLYWOOD UNDERLAYMENT-1ST FLOOR HALLWAY 1 LS 19,950.00 195,422.00 Y WINNERS ,. 062213 WOOD BASE(ALLOWANCE) 1 LS 8,500.00 062215 BATHROOM VANITIES(EXCLUDED-RE-USE SINKS) 1 LS I 11/112017 i Page 781 of 972 8,500.00 060325 BLEACHERS-REPAIR&REFINISH(ALLOWANCE) 1 LS 20,000.00 060330 STAGE-REPAIR&REFINISH(ALLOWANCE) 1 LS 30,000.00 060335 DE-NAIUSTRIP/PLANE SALVAGED WOOD PLANK FLOORS 1 LS 18,900.00 060340 SAND&FINISH SALVAGED WOOD PLANK FLOORS 1 LS 9,900.00 78,800.00 MR 064115 CABINETRY(ALLOWANCE) 1 LS 5,000.00 5,000.00 I I Q00� TCT l u .( P4-1I?L-l���1��%t� il'{ a 00 I it I i t I i i i i 11/l/2017 Page 782 of 972 I i i • i i Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 ... ?, r1T .,1, ,_..,.,.uc.. ,-ems- ', 072105 BELOW FLOOR INSULATION -1ST FL CRAWL 1 LS 2,500.00 072110 EXTERIOR WALL INSULATION 19020 SF 54,000.00 072115 INTERIOR FRAMED PARTITION INSULATION 1 LS 18,500.00 ACOUSTICAL TREATMENT-SEE DIVISION 9 { 75,000.00 i { X i RM070332 TILE ROOFS (SALVAGE& RE-INSTALL) 1700 SF 44,000.00 075100 FLAT ROOFS 4845 SF 92,500.00 075200 GYMNATORIUM BARREL ROOF W/INSUL 1 LS 120,000.00 075205 NEW ELEVATOR SHAFT ROOFS AREAS 3 EA 8,400.00 264,900.00 i I 071305 ELEVATOR PITS 3 EA 6,300.00 071310 1ST FL FOUNDATION @ CRAWL SPACE 1 LS 8,800.00 071315 1ST FL FOUNDATION @ SOUTH SIDE ENTRY 1 LS 7,500.00 071320 GENERAL WATERPROOFING (ALLOWANCE) 1 LS 15,000.00 37,600.00 078413 PENETRATION FIRESTOPPING-WALLS 1 LS 33,000.00 078415 PENETRATION FIRESTOPPING -SLABS 1 LS 22,000.00 55,000.00 M% t=. ,fir,-.M M M, y0 f 11/112017 Page 783 of 972 :10YA ki i U01 0 IMER: • • " Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF r i I I 081005 DOOR TYPE"A"(SINGLE)TWD-PANEL 35 EA 73,500.00 081010 DOOR TYPE"A"(SINGLE)TWO-PANEL 3 EA 7,650.00 081015 DOOR TYPE"A"(PAIR)TWO-PANEL 4 EA 13,400.00 081020 DOOR TYPE"A1"(SINGLE)HALF-LITE 19 EA 42,750.00 081025 DOOR TYPE"B"(PAIR) FOUR-LITE 10 EA 37,000.00 j 081030 DOOR TYPE"C"(PAIR)EIGHT-LITE 2 EA 7,800.00 081035 DOOR TYPE"C"(PAIR)EIGHT-LITE HVHZ 2 EA 10,400.00 081040 DOOR TYPE"E"(SINGLE) HM DOOR 3 EA 6,990.00 081045 DOOR TYPE"TBD" FRENCH DOORS TO TERRACE) 2 PR 8,000.00 081050 DOOR TYPE"TBD2"(INSTALL ONLY SECURITY) 1 EA 500.00 207,990.00 i i P 114N` i 084005 CGI ESTATE SERIES WINDOWS WHITE KYNAR 1 LS 460,479.00 5/16" CLEAR LAMINATED GLASS CLEAR LOW E 366 DOUBLE APPLIED MUTTONS WITH OG EDGE ALL COMPLETE WITH SCREENS 086300 METAL FRAMED SKYLIGHTS 2 EA 15,000.00 i 088300 GLASS MIRRORS 1 LS 6,400.00 481,879.00 a 1 0 11/1/2017 Page 784 of 972 i I Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 I I � - WO-=� =15 . � s t . r -11 090330 INTERIOR PLASTER-STAIRWELL#1 1 LS 090335 INTERIOR PLASTER-STAIRWELL#2 1 LS 090340 INTERIOR PLASTER-STAIRWELL#3 1 LS 090345 INTERIOR PLASTER-STAIRWELL#4 1 LS 090350 INTERIOR PLASTER-1ST FL INSIDE FACE EXT WALLS 1 LS I 090355 INTERIOR PLASTER-2ND FL INSIDE FACE EXT WALLS 1 LS 090360 INTERIOR PLASTER-2ND FL GYM EXT WALLS 1 LS 164,948.00 ; 164,948.00 i i i 092116 FRAMING/GWB-1ST FL CLASSROOMS SOUTH 1 LS 092117 FRAMING/GWB-1ST FL CLASSROOMS-MIDDLE 1 LS 092118 FRAMING/GWB-1ST FL KITCHEN AREAS 1 LS 092119 FRAMING/GWB-1ST FL BATHROOMS 1 LS 092120 FRAMING/GWB-1 ST FL 1 LS 092121 FRAMING/GWB-2ND FL CLASSROOMS SOUTH 1 LS 092122 FRAMING/GWB-2ND FL BATHROOMS 1 LS 092123 FRAMING/GWB-2ND FL GYMNATORIUM 1 LS 092124 FRAMING/GWB-2ND FL STAGE AREA 1 LS ; 444,676.00 i 092125 GWB HARD CEILINGS 1 LS 94,500,00 539,176.00 rQrig f .L1p:, 0. . 093113 CERAMIC FLOOR @ BATHROOMS(NO RECYCLE) 1 LS 32,000.00 091115 BATHROOM WALL TILE&BASE(ALLOWANCE) 1 LS 20,000.00 52,000.00 WIN 11/1/2017 Page 785 of 972 Q980 F.O RIhIG...CAI ,PET fi�� � 1- 1+11ANCE)_.,_... ,.. . w,1. ,__, 777 . ..., L 09 #'19 � 1N?w�?2�5:?p 5111`1# x � i 096431 WOOD PLANK FLOORING 1j LS 210,000.00 210,000.00 I M,-___ER=ROOM= 099103 PAINTING-EXTERIOR PREP/BLASTING 1 LS 1 45,000.00 099113 PAINTING -EXTERIOR 1 LS 54,000.00 099123 PAINTING - INTERIOR 1 LS 145,000.00 244,000.00 I I I - MOST,= .* ., .,.. :;.-.,xz .r.... .. ..._. w:-. -»;nr w :a.., -a .%F" .,�i' m.,r, ...,' OWN. . ,aff '. i I ALT#9.1 ACOUSTICAL TREATMENT-GYM ONLY 1 LS 200,000.00 i V i i I i I 11/1/2017 i Page 786 of 972 : i 1ANUMMIS[lialwills Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 04-1-1000, W-DIAS-01-1-000 POOI i r 101400 SIGNAGE(ALLOWANCE) 1 LS 10,000.00 i 102813 BATHROOM ACCESSORIES(ALLOWANCE) 1 LS 8,800.00 ( 102233 ACCORDIAN WALL PARTITION 205 LF 87,125.00 102113 PLASTIC LAMINATE TOILET PARTITIONS 217 LF 22,785.00 104413 IFIRE EXTINGUISHERS&CABINETS(12) 12 EA 3,000.22-1- SET FTY 17%� i i it I i i i I I i f� i ( 11/1/2017 Page 787 of 972 BOYNTON ' • • ' Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 IAM lYl,; nl w K,.- .' ...�'r..,z.�.»-s- - m -a_� :i-;., M MENEM�,�E.-�": 114200 KITCHEN EQUIPMENT(ALLOWANCE) 1 LS 10,000.00 i i v I i i i i i i i 7 I 1111/2017 Page 788 of 972 • • ' • • NIL ' Wednesday, November 1, 2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 .. 1003 F_ .rSS INCAS EXCLUDED 1 LS 0.00 i IS 711- I i I I I I I i i i i 1 I I I 11/l/2017 Page 789 of 972 Wednesday, November 1, 2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 i MEIN= i I i i 130000 1= � bFSgppTl � EXCLUDED 1 LS 0.00 ' PC iiii ^� i I I i i I� i I I I I i I rk 1 f { 11/l/2017 Page 790 of 972 • • i • Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 1141] 0 , ® E. a_ i HOLE-LESS HYDRAULIC ELEVATORS 140005 PASSENGER ELEVATOR#1 (2,500 LB) 2 EA 160,000.00 FRONT&REAR OPENINGS I I HOLE-LESS HYDRAULIC ELEVATORS 140010 FREIGHT ELEVATOR#1 (3,500 LB) 1 EA 80,000.00 i I 140015 ADA LIFT(ALLOWANCE) 1 EA 22,000.00 i ENRO, I i I i I i I 11/1/2017 Page 791 of 972 T. smklins 0 0 R Wednesday, November 1, 2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 OEMI t 210005 FIRE PROTECTION-61-G15-32 DOCUMENTS 1 LS 3,600.00 210010 FIRE PROTECTION-SHOP DRAWINGS 1 LS 3,500.00 i 210015 FIRE PROTECTION-PERMIT 1 LS 2,500.00 I 210020 FIRE PROTECTION-RISER 1 LS 4,000.00 210025 FIRE PROTECTION-1 ST FL FABRICATED ASSEMBLIES 1 LS 15,000.00 210030 FIRE PROTECTION-IST FL ROUGH-IN 1 LS 16,000.00 210035 FIRE PROTECTION-1ST FL TRIM 1 IS 2,000.00 210040 FIRE PROTECTION-2ND FL FABRICATED ASSEMBLIES 1 LS 13,000.00 210045 FIRE PROTECTION-2ND FL ROUGH-IN 1 LS 14,000.00 I 210050 FIRE PROTECTION-2ND FL TRIM 1 LS 2,000.00 210055 FIRE PROTECTION-ATTIC AREA FAB ASSEMBLIES 1 LS 10,000.00 210060 FIRE PROTECTION-ATTIC AREA ROUGH-IN 1 LS 8,000.00 I 210065 FIRE PROTECTION-STAGE STORAGE AREA 1 LS 2,560.00 m i 1111/2017 Page 792 of 972 0 • + • • ' Wednesday, November 1, 2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 lmmii:ii i'' i i, ul I "pi 234Bi tr s 221100 1 ST FL PREP KITCHEN 1 LS 38,460.00 221110 1ST FL MENS/WOMENS RESTROOMS 1 LS 79,430.00 C 221120 1 ST FL JANITORS/ART STUDIO/CLASSROOMS 1 LS 21,940.00 221130 2ND FL MENS/WOMENS/TEACHERS TOILETS 1 LS 74,870.00 223300 BOOSTER PUMPS/WATER HEATERS 1 LS 28,200.00 i I 221400 STORM DRAIN/CONDENSATE/ELEV PITS 1 LS 51,900.00 220505 BACKFLOW PREVENTERS/DISASSEMBLY 1 LS 18,400.00 i 224000 PLUMBING FIXTURES(ALLOWANCE) 1 LS 32,000.00 I i i i I I Y i I 11/l/2017 Page 793 of 972 Wednesday, November 1, 2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 i i 232000 GYM AC UNITS W/PIPING&NON-SPIRAL 1 LS 85,000.00 j 232005 GYM SPIRAL DUCT INSTALLED 1 LS 65,000.00 232010 STAGE AC UNITW/PIPING&AIR DISTRIBUTION 1 LS 80,000.00 i 232015 2ND FLOOR VAV AC UNITS CLASSROOMS 1 LS 95,000.00 232020 1 ST FL AC UNITS-CLASS/POTTERY/ART/MEDIA 1 LS 90,000.00 ( 232025 1ST FL AC UNITS-LOBBIES/DANCE/OFFICE/BATHS 1 LS 105,000.00 i 232030 1ST FL AC UNITS-DRESSING ROOMS/GREEN/PREP 1 LS 40,000.00 i 232035 TWO(2)PUMPS W/ALL MAIN PIPING 1 LS 80,000.00 232040 CONTROLS/CONTROL WIRING/COMMISSIONING 1 LS 80,000.00 i i 11/1/2017 Page 794 of 972 i PIA SLOT*] Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 i I i I 261000 ELECTRICAL-POWER/LIGHTING BRANCH WIRING 1 LS 226,939.00 265000 ELECTRICAL-LIGHTING FIXTURES(ALLOWANCE) 1 LS 162,000.00 j i 260900 ELECTRICAL-DIMMING HOUSE LIGHTS (ALLOWANCE) 1 LS 8,500.00 284600 ELECTRICAL-FIRE ALARM 1 LS 49,000.00 264100 ELECTRICAL-LIGHTNING PROTECTION 1 LS 25,000.00 i 262000 ELECTRICAL-LOW VOLTAGE CONDUIT ONLY 1 LS 78,864.00 t 261300 ELECTRICAL-SWITCHGEAR,PANELS&FEEDERS 1 LS 170,697.00 { i i 274000 AN SOUND&LIGHTING FOR GYM(ALLOWANCE) 1 LS 100,000.00 i MENOW"M_ i u i i I i i i 11/1/2017 Page 795 of 972 . Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 { 1 312200 EXCAVATION FOR ELEVATOR PITS 3 EA 19,500.00 I 312316 EXCAVATION-E/W HALLWAY UTILITIES 1 LS 15,000.00 I 312323 BACKFILL&COMPACT BOILER PIT 1 LS 8,500.00 I 316600 EX FOUNDATION/S.O.G REPAIRS 1 LS 25,000.00 i i i i 11/1/2017 Page 796 of 972 : • 0 + role] b + Wednesday, November 1,2017 CITY OF BOYNTON BEACH TOTAL.AREA GSF 28,402 '4'�"r,-"_ 4I I NE y� WALKWAYS- EXCLUDED 1 LS 0.00 DUMPSTER PADS-EXCLUDED 1 LS 0.00 H.C. RAMPS TO BLDG-EXCLUDED 1 LS 0.00 321305 CONCRETE-TERRACE(ALLOWANCE) 1 LS 25,000.00 321310 CONCRETE- EXTERIOR HANDI-CAP RAMPS 2 EA 5,000.00 30,000.00 i i t i I i I i r 1111/2017 Page 797 of 972 1 i • Is lel Wednesday, November 1, 2017 CITY OF BOYNTON BEACH TOTAL AREA GSF 28,402 331000 WATER DISTRIBUTION 1 LS 0.00 334000 STORM DRAINAGE SYSTEM 1 LS 0.00 I 333000 SANITARY SEWERAGE 1 LS 0.00 t i I i t i 3 t 41 4 t 11/l/2017 Page 798 of 972 EXHIBIT B PHASE 2 INTERIM AND FINAL DEVELOPMENT COSTS (00243841.1306-9905263) 6 Page 799 of 972 Exhibit B Phase II Interim and Final Development Costs Cost Summary Central Energy Plant&Site Utilities Construction GMP $ 13,521,116 Cultural Center Construction Construction GMP $ 10,531,358 Development Costs I. Soft Costs and Insurance Cost Traffic Study $ 2,438 Survey ALTA at Acquisition (post construction) $ 8,125 Legal Fees-Contracts and Lease agreements-E2L $ 39,002 Financial Services -E2L $ - Soil Surveys, Geotech,&Environmental-GFA $ - Parking Study&Planning for City Hall Location $ - Project Outreach-Local Hire Requirement $ 16,251 Public Relations&Marketing $ 130,058 Project Partnering-Full Team Project Coordination Workshops $ 13,001 Construction Photo Documentation,BOX,WEBCAMS and Security $ 24,376 Insurance including Liability and E&O $ 61,565 Project Management Fees-Best&Flaggan $ - Presconstruction Management Services-E2L $ - Interest on Phase I Loan $ - Subtotal $ 294,815 IL E2L Overhead Allowance Cost Construction Staffing and associated overhead $ 390,018 Subtotal $ 390,018 III. Development Fee. Cost Development Fee $ 390,018 Subtotal $ 390,018 Total Development Cost $ 1,074,850 Total Contract Value: $ 25,127,324 Page 800 of 972 ED` Bm' I A STANDARD FORM OF GENERAL CONDITIONS OF CONTRACT BETWEEN OWNER AND DESIGN-BUILDER Document No. 535 Second Edition, 2010 © Design-Build Institute of America Washington, DC Page 801 of 972 TABLE OF CONTENTS Article Name Page Article1 General.......................................................................................................... 1 Article 2 Design-Builder's Services and Responsibilities............................................. 2 Article 3 Owner's Services and Responsibilities.......................................................... 6 Article 4 Hazardous Conditions and Differing Site Conditions..................................... 8 Article 5 Insurance and Bonds .................................................................................... 9 Article6 Payment...................................................................................................... 11 Article 7 Indemnification ............................................................................................ 13 Article8 Time ............................................................................................................ 15 Article 9 Changes to the Contract Price and Time .................................................... 15 Article 10 Contract Adjustments and Disputes ............................................................ 17 Article 11 Stop Work and Termination for Cause ........................................................ 19 Article 12 Electronic Data............................................................................................ 21 Article 13 Miscellaneous.............................................................................................. 22 Page 802 of 972 Article 1 General 1.1 Mutual Obligations 1.1.1 The Parties commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each Party to realize the benefits afforded under the Contract Documents. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between the Parties under either DBIA Document No. 525, Standard Form of Agreement Between Owner and Design-Builder - Lump Sum (2010 Edition) or DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price (2010 Edition). 1.2.2 Basis of Design Documents are as follows: For DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price, the Basis of Design Documents are those documents specifically listed in, as applicable, the GMP Exhibit or GMP Proposal as being the "Basis of Design Documents." For DBIA Document No. 525, Standard Form of Agreement Between Owner and Design-Builder— Lump Sum, the Basis of Design Documents are the Owner's Project Criteria, Design-Builder's Proposal and the Deviation List, if any. 1.2.3 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared or assembled by the Design-Builder consistent with the Basis of Design Documents unless a deviation from the Basis of Design Documents is specifically set forth in a Change Order executed by both the Owner and Design-Builder, as part of the design review process contemplated by Section 2.4 of these General Conditions of Contract. 1.2.4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.5 Design-Build Team is comprised of the Design-Builder, the Design Consultant, and key Subcontractors identified by the Design-Builder. 1.2.6 Design Consultant is a qualified, licensed design professional who is not an employee of Design-Builder, but is retained by Design-Builder, or employed or retained by anyone under contract with Design-Builder, to furnish design services required under the Contract Documents. A Design Sub-Consultant is a qualified, licensed design professional who is not an employee of the Design Consultant, but is retained by the Design Consultant or employed or retained by anyone under contract to Design Consultant, to furnish design services required under the Contract Documents. 1.2.7 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1 and the submission of all documents set forth in Section 6.7.2. 1.2.8 Force Majeure Events are those events that are beyond the control of both Design- Builder and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and other acts of God. 1.2.9 General Conditions of Contract refer to this DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder(2010 Edition). DBIA Document No.535 Page 1 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 803 of 972 1.2.10 GMP Exhibit means that exhibit attached to DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder- Cost Plus Fee With an Option for a Guaranteed Maximum Price, which exhibit will have been agreed upon by Owner and Design-Builder prior to the execution of the Agreement. 1.2.11 GMP Proposal means that proposal developed by Design-Builder in accordance with Section 6.6 of DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder- Cost Plus Fee With an Option for a Guaranteed Maximum Price. 1.2.12 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. 1.2.13 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. 1.2.14 Owner's Project Criteria are developed by or for Owner to describe Owner's program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design-Builder's performance of the Work. Owner's Project Criteria may include conceptual documents, design criteria, design performance specifications, design specifications, and LEED® or other sustainable design criteria and other Project-specific technical materials and requirements. 1.2.15 Parties shall mean collectively, Owner, Construction Manager and Design-Builder, and a Party shall mean one of the Parties. 1.2.16 Site is the land or premises on which the Project is located. 1.2.17 Subcontractor is any person or entity retained by Design-Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.18 Sub-Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. 1.2.19 Substantial Completion or Substantially Complete means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.20 Work is comprised of all Design-Builder's design, construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents. Article 2 Design-Builder's Services and Responsibilities 2.1 General Services. 2.1.1 Design-Builder's Representative shall be reasonably available to Construction Manager and shall have the necessary expertise and experience required to supervise the Work. Design- Builder's Representative shall communicate regularly with Construction Manager and shall be DBIA Document No.535 Page 2 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 804 of 972 vested with the authority to act on behalf of Design-Builder. Design-Builder's Representative may be replaced only with the mutual agreement of Construction Manager and Design-Builder. 2.1.2 Design-Builder shall provide Construction Manager with a monthly status report detailing the progress of the Work, including (i) whether the Work is proceeding according to schedule, (ii) whether discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) whether health and safety issues exist in connection with the Work; (iv) status of the contingency account to the extent provided for in the Standard Form of Agreement Between Owner and Design-Builder- Cost Plus Fee with an Option for a Guaranteed Maximum Price; and (v) other items that require resolution so as not to jeopardize Design-Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). 2.1.3 Unless a schedule for the execution of the Work has been attached to the Agreement as an exhibit at the time the Agreement is executed, Design-Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section 2.1.4 hereof, a schedule for the execution of the Work for Construction Manager's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Construction Manager information and approvals are required to enable Design-Builder to achieve the Contract Time(s). The schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Construction Manager's review of, and response to, the schedule shall not be construed as relieving Design-Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. 2.1.4 The parties will meet within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.2 Design Professional Services. 2.2.1 Design-Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Construction Manager or Owner and any Design Consultant. 2.3 Standard of Care for Design Professional Services. 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. 2.4 Design Development Services. 2.4.1 The Parties shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Interim design submissions shall be consistent with the Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section 2.4.1. On or about the time of the scheduled submissions, Design-Builder and Construction Manager shall meet and confer about the submissions, with Design-Builder identifying during such meetings, among other things, the evolution of the design DBIA Document No.535 Page 3 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 805 of 972 and any changes to the Basis of Design Documents, or, if applicable, previously submitted design submissions. Changes to the Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be maintained by Design-Builder and provided to all attendees for review. Following the design review meeting, Construction Manager shall review and approve the interim design submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design-Builder's schedule. 2.4.2 Design-Builder shall submit to Construction Manager Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting and recorded in the meetings minutes. The parties shall have a design review meeting to discuss, and Construction Manager shall review and approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.1 above. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Construction Manager prior to commencement of construction. 2.4.3 Construction Manager's review and approval of interim design submissions, meeting minutes, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Construction Manager's review nor approval of any interim design submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Construction Manager. 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design- Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.5 Legal Requirements. 2.5.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design- Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price. Such effects may include, without limitation, revisions Design-Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits. 2.6.1 Design-Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project. 2.7 Design-Builder's Construction Phase Services. 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design-Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design-Builder to complete construction of the Project consistent with the Contract Documents. DBIA Document No.535 Page 4 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 806 of 972 2.7.2 Design-Builder shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. Design- Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.7.3 Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Construction Manager may reasonably object to Design-Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Construction Manager's decision impacts Design-Builder's cost and/or time of performance. 2.7.4 Design-Builder assumes responsibility to Construction Manager for the proper performance of the Work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Construction Manager and any Subcontractor or Sub- Subcontractor, including but not limited to any third-party beneficiary rights. 2.7.5 Design-Builder shall coordinate the activities of all Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner's or Construction Manager's control, Design-Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 2.7.6 Design-Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design-Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design-Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. 2.8 Design-Builder's Responsibility for Project Safety. 2.8.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or off- Site, and (iii) all other property at the Site or adjacent thereto. Design-Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design-Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design-Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design-Builder's personnel, Subcontractors and others as applicable. 2.8.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner-specific safety requirements set forth in the Contract Documents, provided that such Owner-specific requirements do not violate any applicable Legal Requirement. Design-Builder will immediately report in writing any safety-related injury, loss, damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasi-government authorities having jurisdiction over safety- related matters involving the Project or the Work. 2.8.3 Design-Builder's responsibility for safety under this Section 2.8 is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health DBIA Document No.535 Page 5 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 807 of 972 and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of the Work. 2.9 Design-Builder's Warranty. 2.9.1 Design-Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design-Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a commercially reasonable manner. Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this Section 2.9 or the Contract Documents. Design-Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. 2.10 Correction of Defective Work. 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one year from the date of Substantial Completion of the Work or any portion of the Work. 2.10.2 Design-Builder shall, within seven (7) days of receipt of written notice from Construction Manager that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, Construction Manager, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable. 2.10.3 The one-year period referenced in Section 2.10.1 above applies only to Design-Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design-Builder's other obligations under the Contract Documents. Article 3 Owner's and Construction Manager's Services and Responsibilities 3.1 Duty to Cooperate. 3.1.1 Owner and Construction Manager shall, throughout the performance of the Work, cooperate with Design-Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design-Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design-Builder's performance of its obligations under the Contract Documents. 3.1.2 Construction Manager shall provide timely reviews and approvals of interim design submissions and Construction Documents consistent with the turnaround times set forth in Design-Builder's schedule. DBIA Document No.535 Page 6 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 808 of 972 3.1.3 Construction Manager shall give Design-Builder timely notice of any Work that Construction Manager notices to be defective or not in compliance with the Contract Documents. 3.2 Furnishing of Services and Information. 3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design-Builder's information and use the following, all of which Design-Builder is entitled to rely upon in performing the Work: 3.2.1.1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; 3.2.1.2 Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site; 3.2.1.3 Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project and enable Design-Builder to perform the Work; 3.2.1.4 A legal description of the Site; 3.2.1.5 To the extent available, record drawings of any existing structures at the Site; and 3.2.1.6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design-Builder to perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements. 3.3 Financial Information. 3.3.1 At Design-Builder's request, Owner shall promptly furnish reasonable evidence satisfactory to Design-Builder that Owner has adequate funds available and committed to fulfill all of Owner's contractual obligations under the Contract Documents. If Owner fails to furnish such financial information in a timely manner, Design-Builder may stop Work under Section 11.3 hereof or exercise any other right permitted under the Contract Documents. 3.3.2 Design-Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design-Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design-Builder to assume obligations or responsibilities greater than those existing obligations Design-Builder has under the Contract Documents. 3.4 Owner's Representative. 3.4.1 Owner's Representative shall be responsible for providing Owner-supplied information and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design-Builder with prompt notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner's Representative shall communicate regularly with Design-Builder and shall be vested with the DBIA Document No.535 Page 7 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 809 of 972 authority to act on behalf of Owner. 3.5 Government Approvals and Permits. 3.5.1 Owner shall provide reasonable assistance to Design-Builder in obtaining those permits, approvals and licenses that are Design-Builder's responsibility. 3.6 Owner's Separate Contractors. 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under Owner's or Construction Manager's control. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design-Builder in order to enable Design-Builder to timely complete the Work consistent with the Contract Documents. Article 4 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions. 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design-Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design-Builder will stop Work immediately in the affected area and duly notify Construction Manager and, if required by Legal Requirements, all government or quasi-government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site. 4.1.4 Design-Builder will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design-Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable. To the fullest extent permitted by law, Design-Builder shall DBIA Document No.535 Page 8 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 810 of 972 indemnify, defend and hold harmless Owner and Owner's commissioner's, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable. 4.2 Differing Site Conditions. 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as "Differing Site Conditions." If Design- Builder encounters a Differing Site Condition, Design-Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site Condition, Design-Builder shall provide prompt written notice to Construction Manager of such condition, which notice shall not be later than fourteen (14) days after such condition has been encountered. Design-Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. Article 5 Insurance and Bonds 5.1 Design-Builder's Insurance Requirements. 5.1.1 Design-Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Insurance Exhibit to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum rating set forth in the Agreement. 5.1.2 Design-Builder's insurance shall specifically delete any design-build or similar exclusions that could compromise coverages because of the design-build delivery of the Project. 5.1.3 Prior to commencing any construction services hereunder, Design-Builder shall provide Construction Manager with certificates evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days prior written notice is given to Construction Manager. If any of the foregoing insurance coverages are required to remain in force after final payment are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the Design-Builder with reasonable promptness according to the Design-Builder's information and belief. 5.2 Owner's Liability Insurance. 5.2.1 Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located such liability insurance as set forth in the Insurance Exhibit to the Agreement to protect Owner from claims which may arise from the performance of Owner's obligations under the Contract Documents or Owner's conduct during the course of the Project. DBIA Document No.535 Page 9 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 811 of 972 5.3 Owner's Property Insurance. 5.3.1 Unless otherwise provided in the Contract Documents, Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located property insurance upon the entire Project to the full insurable value of the Project, including professional fees, overtime premiums and all other expenses incurred to replace or repair the insured property. The property insurance obtained by Owner shall be the broadest coverage commercially available, and shall include as additional insureds the interests of Owner, Design- Builder, Design Consultants and Subcontractors of any tier. Such insurance shall include but not be limited to the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents. The property insurance shall include physical loss or damage to the Work, including materials and equipment in transit, at the Site or at another location as may be indicated in Design-Builder's Application for Payment and approved by Owner. The Owner is responsible for the payment of any deductibles under the insurance required by this Section 5.3.1. 5.3.2 Unless the Contract Documents provide otherwise, Owner shall procure and maintain boiler and machinery insurance that will include the interests of Owner, Design-Builder, Design Consultants, and Subcontractors of any tier. The Owner is responsible for the payment of any deductibles under the insurance required by this Section 5.3.2. 5.3.3 Prior to Design-Builder commencing any Work, Owner shall provide Design-Builder with certificates evidencing that (i) all Owner's insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect until Design-Builder has completed all of the Work and has received final payment from Owner and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days prior written notice is given to Design-Builder. Owner's property insurance shall not lapse or be canceled if Owner occupies a portion of the Work pursuant to Section 6.6.3 hereof. Owner shall provide Design-Builder with the necessary endorsements from the insurance company prior to occupying a portion of the Work. 5.3.4 Any loss covered under Owner's property insurance shall be adjusted with Owner and Design-Builder and made payable to both of them as trustees for the insureds as their interests may appear, subject to any applicable mortgage clause. All insurance proceeds received as a result of any loss will be placed in a separate account and distributed in accordance with such agreement as the interested parties may reach. Any disagreement concerning the distribution of any proceeds will be resolved in accordance with Article 10 hereof. 5.3.5 Owner and Design-Builder waive against each other and Owner's separate contractors, Design Consultants, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. Design-Builder and Owner shall, where appropriate, require similar waivers of subrogation from Owner's separate contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. These waivers of subrogation shall not contain any restriction or limitation that will impair the full and complete extent of its applicability to any person or entity unless agreed to in writing prior to the execution of this Agreement. 5.4 Bonds and Other Performance Security. 5.4.1 If Owner requires Design-Builder to obtain performance and labor and material payment bonds, or other forms of performance security, the amount, form and other conditions of such security shall be as set forth in the Agreement. 5.4.2 All bonds furnished by Design-Builder shall be in a form satisfactory to Owner. The surety shall be a company qualified and registered to conduct business in the state in which the Project is located. DBIA Document No.535 Page 10 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 812 of 972 Article 6 Payment 6.1 Schedule of Values. 6.1.1 Unless required by the Construction Manager upon execution of this Agreement, within ten (10) days of execution of the Agreement, Design-Builder shall submit for Construction Manager's review and approval a schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design-Builder throughout the Work. 6.1.2 The Construction Manager will timely review and approve the schedule of values so as not to delay the submission of the Design-Builder's first application for payment. The Construction Manager and Design-Builder shall timely resolve any differences so as not to delay the Design- Builder's submission of its first application for payment. 6.2 Monthly Progress Payments. 6.2.1 On or before the date established in the Agreement, Design-Builder shall submit for Construction Manager's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.4 hereof. 6.2.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Construction Manager is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 6.2.3 All discounts offered by Subcontractor, Sub-Subcontractors and suppliers to Design- Builder for early payment shall accrue one hundred percent to Design-Builder to the extent Design-Builder advances payment. Unless Owner advances payment to Design-Builder specifically to receive the discount, Design-Builder may include in its Application for Payment the full undiscounted cost of the item for which payment is sought. 6.2.4 The Application for Payment shall constitute Design-Builder's representation that the Work described herein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design-Builder's receipt of payment, whichever occurs earlier. 6.3 Withholding of Payments. 6.3.1 On or before the date established in the Agreement, Owner shall pay Design-Builder all amounts properly due. If Owner determines that Design-Builder is not entitled to all or part of an Application for Payment as a result of Design-Builder's failure to meet its obligations hereunder, it will notify Design-Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, the specific measures Design-Builder must take to rectify Owner's concerns, and certify for payment all amounts not specifically so withheld from payment. Design- Builder and Construction Manager will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract Documents, including those under Article 10 hereof. DBIA Document No.535 Page 11 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 813 of 972 6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design-Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 6.4 Right to Stop Work and Interest. 6.4.1 If Owner fails to pay timely Design-Builder any amount that becomes due, Design- Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to Section 11.3 hereof. All payments due and unpaid shall bear interest at the rate set forth in the Agreement. 6.5 Design-Builder's Payment Obligations. 6.5.1 Design-Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts Design-Builder has received from Owner on account of their work. Design-Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Design-Builder will indemnify and defend Owner against any claims for payment and mechanic's liens as set forth in Section 7.3 hereof. 6.6 Substantial Completion. 6.6.1 Design-Builder shall notify Construction Manager when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is Substantially Complete. Within five (5) days of Construction Manager's receipt of Design-Builder's notice, Construction Manager and Design-Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. If such Work is Substantially Complete, Construction Manager shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design- Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 6.6.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design-Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) Owner and Design-Builder agree that Owner's use or occupancy will not interfere with Design-Builder's completion of the remaining Work. 6.7 Final Payment. 6.7.1 After receipt of a Final Application for Payment from Design-Builder, Owner shall make final payment by the time required in the Agreement, provided that Design-Builder has achieved Final Completion. 6.7.2 At the time of submission of its Final Application for Payment, Design-Builder shall DBIA Document No.535 Page 12 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 814 of 972 provide the following information: 6.7.2.1 An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests and for which Owner has tendered payment; 6.7.2.2 A general release executed by Design-Builder waiving, upon receipt of final payment by Design-Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 6.7.2.3 Consent of Design-Builder's surety, if any, to final payment; 6.7.2.4 All operating manuals, warranties and other deliverables required by the Contract Documents; and 6.7.2.5 Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 6.7.3 Upon making final payment, Owner waives all claims against Design-Builder except claims relating to (i) Design-Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design-Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion and (iii) the terms of any special warranties required by the Contract Documents. 6.7.4 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the Punch List if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design-Builder under Sections 2.9 and 2.10 herein, and shall not be a reason to withhold final payment from Design-Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed. Article 7 Indemnification 7.1 Patent and Copyright Infringement. 7.1.1 Design-Builder shall defend any action or proceeding brought against Owner based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Design-Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design- Builder shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys' fees and expenses awarded against Owner or Design- Builder in any such action or proceeding. Design-Builder agrees to keep Owner informed of all developments in the defense of such actions. 7.1.2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Design-Builder shall at its sole expense take reasonable steps to procure the right to operate or use the Work. If Design-Builder cannot so procure such right within a reasonable time, Design-Builder shall promptly, at Design- Builder's option and at Design-Builder's expense, (i) modify the Work so as to avoid infringement of any such patent or copyright or(ii) replace said Work with Work that does not infringe or violate any such patent or copyright. DBIA Document No.535 Page 13 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 815 of 972 7.1.3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Design-Builder to Owner or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Design-Builder to the same extent Design-Builder is obligated to defend, indemnify and hold harmless Owner in Section 7.1.1 above. 7.1.4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the parties relating to liability for infringement of violation of any patent or copyright. 7.2 Tax Claim Indemnification. 7.2.1 If, in accordance with Owner's direction, an exemption for all or part of the Work is claimed for taxes, Owner shall indemnify, defend and hold harmless Design-Builder from and against any liability, penalty, interest, fine, tax assessment, attorneys' fees or other expenses or costs incurred by Design-Builder as a result of any action taken by Design-Builder in accordance with Owner's directive. Owner shall furnish Design-Builder with any applicable tax exemption certificates necessary to obtain such exemption, upon which Design-Builder may rely. 7.3 Payment Claim Indemnification. 7.3.1 Provided that Owner is not in breach of its contractual obligation to make payments to Design-Builder for the Work, Design-Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design-Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys' fees. 7.4 Design-Builder's General Indemnification. 7.4.1 Design-Builder, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Owner, its officers, directors, and employees from and against claims, losses, damages, liabilities, including attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions of Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable. 7.4.2 If an employee of Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Design-Builder's indemnity obligation set forth in Section 7.4.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Design-Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. 7.5 Owner's General Indemnification. 7.5.1 Owner, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Design-Builder and any of Design-Builder's officers, directors, and employees, from and against DBIA Document No.535 Page 14 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 816 of 972 claims, losses, damages, liabilities, including attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself)to the extent resulting from the negligent acts or omissions of Owner, Owner's separate contractors or anyone for whose acts any of them may be liable. 7.5.2 If an employee of Owner, Owner's separate contractors, or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Owner's indemnity obligation set forth in Section 7.5.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Owner, Owner's separate contractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. Article 8 Time 8.1 Obligation to Achieve the Contract Times. 8.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the Agreement. 8.2 Delays to the Work. 8.2.1 If Design-Builder is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design-Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. By way of example, events that will entitle Design-Builder to an extension of the Contract Time(s) include acts or omissions of Owner, Construction Manager, or anyone under Owner's or Construction Manager's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. 8.2.2 In addition to Design-Builder's right to a time extension for those events set forth in Section 8.2.1 above, Design-Builder shall also be entitled to an appropriate adjustment of the Contract Price. Article 9 Changes to the Contract Price and Time 9.1 Change Orders. 9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by the Parties, stating their agreement upon all of the following: 9.1.1.1 The scope of the change in the Work; 9.1.1.2 The amount of the adjustment to the Contract Price; and 9.1.1.3 The extent of the adjustment to the Contract Time(s). 9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. The Parties shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. DBIA Document No.535 Page 15 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 817 of 972 9.1.3 If Construction Manager requests a proposal for a change in the Work from Design- Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design-Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. 9.2 Work Change Directives. 9.2.1 A Work Change Directive is a written order prepared and signed by Construction Manager directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 9.2.2 Construction Manager and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 9.3 Minor Changes in the Work. 9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design-Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design-Builder shall promptly inform Construction Manager, in writing, of any such changes and record such changes on the documents maintained by Design-Builder. 9.4 Contract Price Adjustments. 9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 9.4.1.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; 9.4.1.2 A mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Construction Manager; 9.4.1.3 Costs, fees and any other markups set forth in the Agreement; or 9.4.1.4 If an increase or decrease cannot be agreed to as set forth in items 9.4.1.1 through 9.4.1.3 above and Construction Manager issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. 9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design- Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 9.4.3 If Owner and Design-Builder disagree upon whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Construction Manager and Design-Builder shall resolve the disagreement pursuant to Article 10 hereof.As part of the negotiation process, Design-Builder shall furnish Construction Manager with a good faith estimate of the costs to perform the disputed services in accordance with Construction Manager's interpretations. If the parties are unable to DBIA Document No.535 Page 16 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 818 of 972 agree and Construction Manager expects Design-Builder to perform the services in accordance with Construction Manager's interpretations, Design-Builder shall proceed to perform the disputed services, conditioned upon Construction Manager issuing a written order to Design-Builder (i) directing Design-Builder to proceed and (ii) specifying Construction Manager's interpretation of the services that are to be performed. If this occurs, Design-Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design-Builder does not prejudice Design-Builder's right to seek full payment of the disputed services if Construction Manager's order is deemed to be a change to the Work. 9.5 Emergencies. 9.5.1 In any emergency affecting the safety of persons and/or property, Design-Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9. Article 10 Contract Adjustments and Disputes 10.1 Requests for Contract Adjustments and Relief. 10.1.1 If either Design-Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions of Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty- one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. 10.2 Dispute Avoidance and Resolution. 10.2.1 The Parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, the Parties each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 10.2.2 The Parties will first attempt to resolve disputes or disagreements at the field level through discussions between Design-Builder's Representative and Owner's Representative which shall conclude within fourteen (14) days of the written notice provided for in Section 10.1.1 unless the Parties mutually agree otherwise. 10.2.3 If a dispute or disagreement cannot be resolved through Design-Builder's Representative and Owner's Representative, Design-Builder's Senior Representative and Owner's Senior Representative, upon the request of either party, shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Five (5) days prior to any meetings between the Senior DBIA Document No.535 Page 17 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 819 of 972 Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 10.2.4 If after meeting the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit within thirty (30) days of the conclusion of the meeting of Senior Representatives the dispute or disagreement to non-binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Unless otherwise mutually agreed by the Parties and consistent with the mediator's schedule, the mediation shall commence within ninety (90) days of the submission of the dispute to mediation. 10.3 Dispute Resolution. 10.3.1 Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10.2 above, shall be decided by litigation in a State court of competent jurisdiction in Palm Beach County, Florida, unless the parties mutually agree otherwise. 10.3.2 The Parties expressly agree that any litigation pursuant to this Section 10.3 may be joined or consolidated with any litigation involving any other person or entity (i) necessary to resolve the claim, dispute or controversy, or (ii) substantially involved in or affected by such claim, dispute or controversy. Both Design-Builder and Owner will include appropriate provisions in all contracts they execute with other parties in connection with the Project to require such joinder or consolidation. 10.3.3 The prevailing party in any law suit, or any other final, binding dispute proceeding upon which the parties may agree, shall be entitled to recover from the other party reasonable attorneys' fees and expenses incurred by the prevailing party. Including all appeals and administrative proceedings. 10.4 Duty to Continue Performance. 10.4.1 Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design- Builder, pending the final resolution of any dispute or disagreement between Design-Builder and Owner. 10.5 CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY. 10.5.1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET FORTH IN SECTION 10.5.2 BELOW), NEITHER DESIGN-BUILDER NOR OWNER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING. 10.5.2 The consequential damages limitation set forth in Section 10.5.1 above is not intended to affect the payment of liquidated damages or lost early completion bonus, if any, set forth in Article 5 of the Agreement, which both parties recognize has been established, in part, to reimburse Owner or reward Design-Builder for some damages that might otherwise be deemed to be DBIA Document No.535 Page 18 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 820 of 972 consequential. 10.5.3 Limitation of Liability. Design-Builder's maximum aggregate liability under the Contract Documents from any and all causes shall in no case exceed ten percent (10%) of the Contract Price (as the same may be adjusted in accordance with the Contract Documents). Article 11 Stop Work and Termination for Cause 11.1 Owner's Right to Stop Work. 11.1.1 Construction Manager may, with Owner's prior approval, without cause and for Owner's convenience, order Design-Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. 11.1.2 Design-Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of the Work by Construction Manager. 11.2 Owner's Right to Perform and Terminate for Cause. 11.2.1 If Design-Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, or (v) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below. 11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Construction Manager may, with Owner's prior approval, provide written notice to Design-Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design-Builder's receipt of such notice. If Design-Builder fails to cure, or reasonably commence to cure, such problem, then Construction Manager may give a second written notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design-Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Construction Manager may declare the Agreement terminated for default by providing written notice to Design-Builder of such declaration. 11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Construction Manager may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design-Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any qualified person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design-Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design-Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design-Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design-Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expenses, DBIA Document No.535 Page 19 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 821 of 972 incurred by Owner in connection with the reprocurement and defense of claims arising from Design-Builder's default, subject to the waiver of consequential damages set forth in Section 10.5 hereof. 11.2.4 If Construction Manager improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Article 8 of the Agreement. 11.3 Design-Builder's Right to Stop Work. 11.3.1 Design-Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop the Work for the following reasons: 11.3.1.1 Owner's failure to provide financial assurances as required under Section 3.3 hereof; or 11.3.1.2 Owner's failure to pay amounts properly due under Design-Builder's Application for Payment within the times provided in the Contract Documents. 11.3.2 Should any of the events set forth in Section 11.3.1 above occur, Design-Builder has the right to provide Construction Manager with written notice that Design-Builder will stop the Work unless said event is cured within seven (7) days from Construction Manager's receipt of Design- Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design- Builder may stop the Work. In such case, Design-Builder shall be entitled to an equitable adjustment in the Contract Price and Contract Time(s) to the extent they have been impacted by such stoppage. 11.4 Design-Builder's Right to Terminate for Cause. 11.4.1 Design-Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: 11.4.1.1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Construction Manager under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose acts Design-Builder may be responsible. 11.4.1.2 Construction Manager's failure to provide Design-Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Construction Manager has not ordered Design-Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof. 11.4.1.3 Owner's failure to cure the problems set forth in Section 11.3.1 above after Design-Builder has stopped the Work. 11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design-Builder may provide written notice to Construction Manager that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Construction Manager's receipt of such notice. If Construction Manager fails to cure, or reasonably commence to cure, such problem, then Design-Builder may give a second written notice to Construction Manager of its intent to terminate within an additional seven (7) day period. If Construction Manager, within such second seven (7) day period, fails to cure, or reasonably commence to DBIA Document No.535 Page 20 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 822 of 972 cure, such problem, then Design-Builder may declare the Agreement terminated for default by providing written notice to Construction Manager of such declaration. In such case, Design- Builder shall be entitled to recover in the same manner as if Construction Manager had terminated the Agreement for its convenience under Article 8 of the Agreement. 11.5 Bankruptcy of Owner or Design-Builder. 11.5.1 If either Owner or Design-Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: 11.5.1.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non-Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and 11.5.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non-Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non-Bankrupt Party under this Article 11. 11.5.2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability of the non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision of these General Conditions of Contract. Article 12 Electronic Data 12.1 Electronic Data. 12.1.1 The Parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among the Parties and others in electronic media as an alternative to paper hard copies (collectively"Electronic Data"). 12.2 Transmission of Electronic Data. 12.2.1 The Parties shall agree upon the software and the format for the transmission of Electronic Data. Each Party shall be responsible for securing the legal rights to access the agreed-upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 12.2.2 No Party makes any representations or warranties to the other Parties with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. DBIA Document No.535 Page 21 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 823 of 972 12.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 12.3 Electronic Data Protocol. 12.3.1 The Parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the Parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3. 12.3.2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing. 12.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 12.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. Article 13 Miscellaneous 13.1 Confidential Information. 13.1.1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project. 13.2 Assignment. 13.2.1 No Party shall, without the written consent of the other Parties assign, transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. DBIA Document No.535 Page 22 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 824 of 972 13.3 Successorship. 13.3.1 The Parties intend that the provisions of the Contract Documents are binding upon the Parties, their employees, agents, heirs, successors and assigns. 13.4 Governing Law. 13.4.1 The Agreement and all Contract Documents shall be governed by the laws of the State of Florida, without giving effect to its conflict of law principles. 13.5 Severability. 13.5.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 13.6 No Waiver. 13.6.1 The failure of a Party to insist, in any one or more instances, on the performance of any of the obligations required by another Party under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 13.7 Headings. 13.7.1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 13.8 Notice. 13.8.1 Whenever the Contract Documents require that notice be provided to another Party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, or (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient. 13.9 Amendments. 13.9.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each Party. 13.10 Counterparts. 13.10.1 This Agreement may be executed in counterparts, a complete set of such executed counterparts shall constitute the same Agreement, and the signature of any Party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. Faxed or otherwise electronically delivered copies will be treated as originals; however, this Agreement will only be binding when it has been executed by each Party. DBIA Document No.535 Page 23 Standard Form of General Conditions of Contract Between Owner and Design-Builder ©2010 Design-Build Institute of America Page 825 of 972 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101. P.O. BOX 310 P.O. ##: 190351 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/19/18 VENDOR 17318 SHIP TO: TO: THE HASKELL COMPANY City of Boynton Beach 111 RIVERSIDE AVE. EAST UTILITY ADMIN JACKSONVILLE, FL 32202 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 72339 ORDERING DEPARTMENT: UTIL ENGINEERING; TP �I • ai DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 8496584. 00 DL DESIGN-BUILDER`S GUARANTEED 1. 0000 8496584. 00 Maximum Price (GMP) Includes: Lump Sum Design and Pre-Constructr4n Se-rrices _,Sump Sum General Conditi=ons Csts' Design ,Bi iilder'S .Fee Cost .Q1 Work . AEMARKS: .:DESIGN & BUILD QV THE DISTRICT ENERGY.SYSTRM E.UI.LDING & CHIULED. WATER:: PIPING DIST I IB 'ION SPY'STEM. 8.I.$-043 {APPROVING A GUARANTEED MAXIMUM P,12ICE RO.R DESIGN & CONSTRUCTION OF TEH DEP IM.PROVEMENTS) COMMSSION :ADOPTED bN 3/13/18 MAYOR SIGNED AGREEMENT BETWEEN OWNER & ,. DESIGN 13UILDER: ON::;9/18/18 . r,U', 0,14 ov PROCUREMENT SERVICES: P.O. TOTAL: 8496584.00 ACCOUNT NO. PROJECT 404-5018-533.65-01 WT1703 DEPARTMENT Page 826 of 972 PURCHASE ORDER CITY I PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #; 190351 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/19/18 VENDOR 17318 SHIP TO: TO: THE HASKELL COMPANY City of Boynton Beach 11.1 RIVERSIDE AVE. EAST UTILITY ADMIN JACKSONVILLE, FL 32202 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 72339 ORDERING DEPARTMENT: UTIL ENGINEERING TP DATE NEEDED; BID NO: COMMISSION APPROVED; i EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 8496584. 00 DL DESIGN-BUILDER'S GUARANTEED 1.0000 8496584. 00 Maximum Price (GMP) Includes: Lump Sum Design. and Pre-Construct)o S.a100S1. .i,umg . Sum GeneralConditioh,s Costs Design-B:dilder.'ss 'ee Cost REMARKS: DESIGN ::BUILD OF THE DISTRICT ENER.GY..SYSTEM B[7�LDING :& CHILLED WATER PIPING :DISTRIBUTION YS.TEM. R B:-Q43 (APPROV.ING A. GUARANTEED: MAXIMUM:: P 10E FQR DESIGN & CONSTRUCTION OF TEH. DEPIMPRQVEMENTS) .OMMSSION ;ADOPTED ON 3/13/18 MAYOR SIGNED AGREEMENT BETWEEN OWNER & DESIGN-BU1LDERL:.ON :':9/.18/18 . PROCUREMENT SERVICES: P.O. TOTAL: 8496584.00 ACCOUNT NO. PROJECT 404-5018-533.65-01 WT1703 RECEIVING Page 827 of 972 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, SERVICESPROCUREMENT Trpt I O. BOX ; I 1 190355 BOYNTON BEACH,® FLORIDA - : 10/19/18 VENDOR 1731 SHIP TO: TO. THE HASKELL COMPANY City of Boynton Beach ® 111 RIVERSIDE EMT UTILITY ADMIN JACKSONVILLE, •32202 124 E. WOOLBRIGHT BOYNTON BEACH, FL 33435 E ETON O® `E I E I G DEP Tf ENT1 L E E E tom h11 I h�. P m ..:. . . LINE# QUANTITY UOM IT3R NO. AND DESCRIPTION UNIT COST COST 1 8496584.00 DL DESIGNI-BUILDERIS GUARANTEED i (GMP)Includes. S .0000 8496584.00 Ma Pro-const {: Summ I g CT I' Av ERD.NMIlvR}, < RD A. PROCUREMENT SERVICES: . .TOTAL 8496584.00 FfflI tE & TE INVOICE ! T a EACH SHIPMENT THEREON NJ PURCHASEOPO3 NUMBER LIMMEDIATELY FOLSHIPMENT.GL TAND E . INVOICES, E OF C I E FROM CORRESPONDENCE. EAI IG EL E UF L M T I C OF BOYNTON BEACH MUST BE INVOICE U EO PEKE, Of ! INVOICES SUPPORTEDY CARRIER'S RECEIPT, TAX AND MET PRICE. EXE ION CERTIFICATEFINANCIAL VICES DEPARTMENT E ISN FEED L! P LSE T. . AL1 3JN ICES O LS BOYNTON BEACH, CASH IS U i ON. ORIGINAL Page 828 of 972 CITY OF BOYNTON BEACH GENERAL TERMS AND CONDITIONS The fbilorAng General Terms and Conditionsi u r Contract shall apply to all purchases by or on behalf of the Cfty of Boynton Beach Ily provided otherwise on the front of thisu r. Tax Exemptlion: Patents and Copyrights: The City Is tax exampt, 1 If an article add and deliveredI be Acceptance of Contract: protected by any applicable t or copyright, the Vendor orderThis Is I Indemnify and save harmlessn andlor services describedIagainsty and all suits, claims, judgments, and costs the Vendor. The CWs placement of thisr Instituted or recovered againstit by any person vh ornsomw expressly conditioned upon the Vandoesr sale of suchi in acceptance of II the terms and conditionsviolation right under c r copyright. purchase contained on or attachedto this Purchase Order. Material Safety Data Sheets: MaterialProper Safety Date Sheets, In compliance Amendments: OSHKs Hazard Communications ut be provided No agreement or understanding I Vendorby the to the CRY at the time of purchase or delivery. contract shall be binding upon the City unlessIn writing and signed by the Ckys outhortced ! Compliance i ; specifications, drewings, and data n Incortted to the The Vendor certifies that porated n lperformingi , t II comply i all applicable n feftrd, state and made a part hereof. local lI . CommercialUniform Code: Laws I I n t This tr h II ®be governedaccording Commercial Code shall govern this contract with the to the laws or the State of Florida. Venue for any action shallCity. related to this Agreement be In the 15thI ' # i it, Palm Beach County, Florida. Delivery: I n. Time is of the Payment: essence on this contract.if completed deliveriesll Invoices shall be addressed to the orderingdepartmentnot made at , the , the City reserves the I h, 1right t I I h r Vendor nn and must Include name and phone number, and met Vendor agrees to advise the City, In writingdleady list quantities, iunits of measure. earliestthe # shipping n by the City. Warranty®Risk of Loss: The Vendor warrants to the City that all goods and services Vendor agrees to bear all risk of loss, Injury, r furnished hereundw will conform In all respects to the terms destruction of goods andI i of this order, Including n , specilficallons or which may r any reason occur prior to acceptance standardsInoorporated heraln, and/or defects In materials, by the City. No such loss, injury r destruction shall workmanship, and free from such defects in design. I release Vendor from any obligations hereunder. addition, Vendor warrants that the goods and services are suitable n I perform In accordance with the purposes for which they were Intended. MaterialGoods and must be properly ® Damaged goods and I ! not be accepted, or If the time of the delivery, the goods shag be returned cast (a the City. The City reserves the right to Inspect the goods at a reasonable time subsequent to delivery whwe circumstances or conditions prevent effective inspectim of the goods at the time of delivery. Page 829 of 972 7.E. CONSENT BIDS AND PURCHASES OVER$100,000 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy- backs for the procurement of services and/or commodities over $100,000 as described in the written report for September 17, 2019- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM IXOM Watercare, MI EX DOC Anion Utilizingthe Palm October 3, 2019 $350,000 Inc. Exchange Resin Beach County, thru October 2, FLSole Source 2020 Solicitation SS55542 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 830 of 972 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum IXOM Watercare REVISED RESPONSE PAGE ® Raised Prices for Extension D Addendum PBC Renewal Letter IXOM Watercare, Inc. D Addendum Signed Renewal Letter® Resin ® IXOM Watercare, Inc. CITY OF BOYNTON BEACH REQUESTS D Addendum FORBID EXTENSIONS AND PIGGY-BACKS OV E R$100,000 Page 831 of 972 Page 9 REVISED 07/26/19 SOLE SOURCE RESPONSE PAGE SOLICITATION#SS5554421KM IXOM WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF,TERM CONTRACT ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. 12 MONTH PRICE QUANTITY 1. IXOM WATERCARE, INC. MIEX DOC RESIN AS SPECIFIED HEREIN 25 TOTE $ 14,148 $ 353,700 Acknowledge Criminal History Records Check requirement, per Term #7? SI1NI'TIAL Acknowledge Insurance requirements, per Term#14? `4 ITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED By signature on this document, vendor acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's solicitation, without exception, change or alteration of any kind, except as may have been amended by the County prior to the due date of this solicitation. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: August 6, 2019 Ixom Watercare, Inc. PRINT NAME: Randy Cable * SIGNATURE: j cky< PRINT TITLE: Global Head MIEX ADDRESS: 8150 S.Akron St., Suite 401 CITY/STATE: Centennial, CO ZIP CODE: 80112 TELEPHONE# ( 303 ) 768-7340 E-MAIL: miex@ixom.com EMERGENCY#( 303 ) 768-7345 FAX#: ( 303 ) 768-7373 (as required herein) TOLL FREE # 877 414-6349 APPLICABLE LICENSE(S) NUMBER# TYPE: FEDERAL. ID# 84-1574849 Page 832 of 972 ORI-0 Form L Purchasing Department August 27, 2019 50 South military Trail,Suite I 10 West Palm Beacli,FL 33415-3199 Ixom Watereare, Inc. (561)616-6800 Jon Dyess, Customer Service Manager FAX: (561)616-681 1 8150 S Akron Street, Suite 401 www.pbcgov.corn1purchasbig Centennial, CO 80112 TERM CONTRACT #SS555442B Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for IXOM Palm Beach County WATERCARE, INC, MIEX DOC RESIN, PURCHASE AND DELIVERY OF based on: Board of County Commissioners [X] RENEWAL OF CONTRACT based on SOLICITATION #SS555442/KM in Mack Bernard,Mayor accordance with all original terms, conditions, specifications and prices with no deviation. Vendor shall notify Purchasing immediately if the sole source Dave Kerner,vice Mayor 4 status changes. Hal R.Valeche I The term of this contract is.10/03/2019 through 10/02/2020,and has an estimated dollar Gregg KWeiss value of$479,745.00. Robert S.Weimotli If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Mary Lou Berger term of the contract, including any renewals or extensions thereof. Melissa McKiFilay County User Departments will issue individual "Delivery Orders"against this contract as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for County Administrator the County to make payment, the Vendor's Legal Name, Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bidiquote/response must be exactly the Verclenia C. Baker same as it appears on the invoice and in the County's VSS system that can be accessed at httiDs://iDbcvssp.co.pa I m-beach.f 1.us/webalDt)/Vs�,�sr)/AltSelfService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Colleen Cardillo at ccardill(_a-)p bcqov.or or (561) 616-6839. Sin7rely, AW Kat een M. Scarlett for Ka een M. Scarlett Dire tor Affinnalive Action Eniployer" c: Vernetha Green,Water Utilities File printed on suslainabfe and rocycled paper Page 833 of 972 The City o Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 August 28, 2019 BID: PIGGYBACK OF CITY OF PALM BEACH COUNTY—MIEX DOC RESIN BID No.: SS555442/KM Agreement between the City of Boynton Beach and IXOM Watercare, Inc.: PROPOSAL RENEWAL TERM: OCTOBER 1, 2018 THRU OCTOBER 2, 2020 Yes, I agree to renew the existing bid under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) IXOM Watercare, Inc. NAME OF COMPANY SIGNATURE X10 C-1 `f G5 S e USTa kc-'g— Sc-rcU I LG NAME OF REPRESENTATIVE TITLE (please print) l i -Z' 1 '70101 ?G e -7 SA5 DATE (AREA CODE) TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 834 of 972 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS REQUESTINGDEPARTMENT: UTILITES DEPARTMENT CONTACT: JOSEPH PATERNITI,JR. TERM: October 03,2019 thru October 02,2020 SOURCE FOR PURCHASE:Piggyhacking Palm Beach County Sole Source Solicitation No. SS555442 ACCOUNT NUMBER:. 401-2811-536-52.35 VENDOR(S):IXOM WATER CARE,INC. ANNUAL ESTIMATED EXPENDITURE: $350,000 DESCRIPTION: On 12104/18, City Commission Approve utilizing the Palm Beach County, FL Sole Source Solicitation SS555442 with IXOM Watercare, Inc. for MIEX DOC Anion Exchange Resin with the same terms, conditions, specifications and pricing. As part of the upgrade and expansion of the East Water Treatment Plant, the Magnetic Ion Exchange (MIEX) treatment process was added to remove organic compounds from the raw water obtained from the western wellfield. The MIEX process utilizes magnetically charged DOC anion exchange resin beads which aid in the removal and settling of the organic compounds. Over time, attrition of the resin beads occurs and additional resin must be added to maintain the ongoing operation of the treatment process. The use of the MIEX DOC resin is required for the ongoing operation of the MIEX ion exchange process in order to provide high quality drinking water to the customers of Boynton Beach Utilities., The county may consider a single annual price adjustment to the unit price(s) based on new pricing form the vendor. vendor has agreed to one-year renewal option thru 2020. 8.A. PUBLIC HEARING 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-029 - FIRST READING - Approve request for abandonment of a portion of the unimproved NE 3rd Street right-of-way, north of NE 9th Avenue, in connection with: PROPOSED RESOLUTION NO. R19-100-Accepting the dedication of property from the Community Redevelopment Agency (CRA) and realignment, and extension of NE 3rd Street from NE 9th Avenue to Martin Luther King, Jr. Boulevard (ABAN 19-001). (Resolution adoption will be upon second reading of the Ordinance) Applicant: Michael Simon, CRA Executive Director. EXPLANATION OF REQUEST: The CRA has acquired property along the west side of the current NE 3rd Street right-of-way, and a parcel immediately north of the terminus of NE 3rd Street, in an effort to create an improved 50 foot wide street right- of-way connecting NE 9th Avenue to Martin Luther King, Jr. Boulevard. The abandonment, in conjunction with the dedication of land to the NE 3rd Street right-of-way, and ultimate construction of the road, will also provide an improved street frontage for the proposed future location of the Community Caring Center. On July 9, 2019, the City Commission, sitting as the CRA Board, approved an agenda item to dedicate CRA- owned property for NE 3rd Street right-of-way and make application, and accept the abandonment of a portion of the existing right-of-way. This will allow the right-of-way to be straightened and extended to Martin Luther King, Jr. Boulevard. The small sliver portion of the right-of-way to be abandoned will be added to the CRA-owned lots for the proposed development of the Community Caring Center project. The Planning & Development Board at their August 27, 2019 meeting recommended approval of the application for abandonment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No Page 836 of 972 CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving ROW abandonment D Staff Report Staff Report D Location Map Location Map D Drawings Abandonment Legal Sketch D Drawings Dedication Legal Sketch D Conditions of Approval Conditions of Approval D Development Order Development Order Page 837 of 972 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE ABANDONMENT OF A 5 PORTION OF THE UNIMPROVED NE 3RD STREET RIGHT- 6 OF-WAY, NORTH OF NE 9TH AVENUE IN CONNECTION 7 WITH THE DEDICATION OF PROPERTY FROM THE 8 BOYNTON BEACH COMMUNITY REDEVELOPMENT 9 AGENCY (CRA)AND REALIGNMENT, AND EXTENSION OF 10 NE 3RD STREET FROM NE 9TH AVENUE TO MARTIN LUTHER 11 KING JR BOULEVARD; SUBJECT TO STAFF COMMENTS; 12 AUTHORIZING THE CITY MANAGER TO EXECUTE A 13 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 14 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 15 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE 16 DATE. 17 18 WHEREAS,the CRA has acquired property along the west side of the current NE 19 3rd Street right-of-way, and a parcel immediately north of the terminus of NE 3rd Street, in 20 an effort to create an improved 50 foot wide street right-of-way connecting NE 9th Avenue 21 to Martin Luther King, Jr. Boulevard; and 22 23 WHEREAS, the abandonment, in conjunction with the dedication of land to the 24 NE 3rd Street right-of-way, and ultimate construction of the road, will also provide an 25 improved street frontage for the proposed future location of the Community Caring Center; 26 and 27 28 WHEREAS, on July 9,2019,the CRA Board, approved dedication of CRA-owned 29 property for NE 3rd Street right-of-way and acceptance of the abandonment of a portion of 30 the existing right-of-way which will allow the right-of-way to be straightened and extended 31 to Martin Luther King, Jr. Boulevard; and 32 33 WHEREAS, the small sliver portion of the right-of-way to be abandoned will be 34 added to the CRA-owned lots for the proposed development of the Community Caring 35 Center project; and 36 37 WHEREAS, comments have been solicited from the appropriate City 38 Departments, and public hearings have been held before the City Commission on the 39 proposed abandonment; and 40 41 WHEREAS, staff finds that the subject abandonment, combined with the proposed 42 right-of-way dedication, and subsequent roadway construction, serves a greater public 43 purpose, and therefore recommends approval of the applicant's request. 44 45 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 46 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 47 48 Section 1. The foregoing Whereas clauses are true and correct and CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\ADAE089B-C834-427F-A62A-BOAB5F392E57\Boynton Beach.18169.1.Abandonment_of a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx Page 838 of 972 49 incorporated herein by this reference. 50 51 Section 2. The City Commission of the City of Boynton Beach, Florida, does 52 hereby abandon a portion of the unimproved NE 3rd Street right-of-way, north of NE 9t' 53 Avenue to realign and extend NE 3rd Street from NE 9t' Avenue to Martin Luther King Jr. 54 Boulevard, subject to staff comments. The property being abandoned is more particularly 55 described as follows: 56 57 A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY (ALSO 58 KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN 59 PARK ADDITION TO BOYNTON FLA,AS RECORDED IN PLAT BOOK 02, 60 PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 61 FLORIDA, MORE PARTICULARLY DESCRIBED AS: 62 63 BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT 64 OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN 65 N00°36'53"E A DISTANCE OF 147.57 FEET, TO THE SOUTHWEST 66 CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION, 67 AS RECORDED IN PLAT BOOK 11, PAGE 66; THENCE RUN ALONG 68 THE SOUTH LINE OF SAID LOT 4 S90000'00"E FOR A DISTANCE OF 69 18.87 FEET TO A POINT AT THE INTERSECTION OF THE SAID SOUTH 70 LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN 71 BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE 72 RUN ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF 73 AUSTRALIAN BOULEVARD S07053'54"W A DISTANCE OF 148.98 FEET 74 TO THE POINT OF BEGINNING; 75 76 SAID LANDS LYING AND BEING IN PALM BEACH COUNTY,FLORIDA, 77 AND CONTAINING 0.032 ACRES, MORE OR LESS.. 78 79 Section 3. The City Manager is hereby authorized and directed to execute the 80 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 81 Records of Palm Beach County, Florida. 82 83 Section 4. This Ordinance shall take effect immediately upon passage. 84 85 FIRST READING this day of , 2019. 86 87 88 (Remainder of page intentionally left blank) 89 90 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\ADAE089B-C834-427F-A62A-BOAB5F392E57\Boynton Beach.18169.1.Abandonment_of a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx Page 839 of 972 91 SECOND, FINAL READING AND PASSAGE THIS day of 92 2019. 93 94 CITY OF BOYNTON BEACH, FLORIDA 95 96 YES NO 97 98 Mayor— Steven B. Grant 99 100 Vice Mayor—Justin Katz 101 102 Commissioner—Mack McCray 103 104 Commissioner—Christina L. Romelus 105 106 Commissioner—Ty Penserga 107 108 VOTE 109 110 ATTEST: 111 112 113 114 Crystal Gibson, MMC 115 City Clerk 116 117 118 (Corporate Seal) CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\ADAE089B-C834-427F-A62A-BOAB5F392E57\Boynton Beach.18169.1.Abandonment_of a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx Page 840 of 972 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach,Florida, does hereby abandon a portion of the unimproved NE 3rd Street right-of-way, north of NE 9th Avenue to realign and extend NE 3rd Street from NE 91h Avenue to Martin Luther King Jr.Boulevard, subj ect to staff comments. The property being abandoned is more particularly described as follows: APORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY(ALSO KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA,AS RECORDED IN PLAT BOOK 02,PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00°36'53"E A DISTANCE OF 147.57 FEET, TO THE SOUTHWEST CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION,AS RECORDED IN PLAT BOOK 11, PAGE 66; THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 4 S90°00'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE INTERSECTION OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S07053'54"W A DISTANCE OF 148.98 FEET TO THE POINT OF BEGINNING; SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING 0.032 ACRES, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2019. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority,personally appeared Lori LaVerriere, City Manager of the City of Boynton Beach,Florida,known to me to be the person described in and who executed CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\ADAE089B-C834-427F-A62A-BOAB5F392E57\Boynton Beach.18169.1.Abandonment_of a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx Page 841 of 972 the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2019. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\ADAE089B-C834-427F-A62A-BOAB5F392E57\Boynton Beach.18169.1.Abandonment_of a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx Page 842 of 972 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-023 TO: Chair and Members Planning & Development Board FROM: Ed Breese Planning & Zoning Administrator DATE: August 7, 2019 SUBJECT: Request for abandonment of a portion of the unimproved NE 3,d Street right- of-way, north of NE 91h Avenue, and dedication of property from the Community Redevelopment Agency (CRA) to realign and extend NE 3,d Street from NE 91h Avenue to Martin Luther King, Jr. Boulevard (ABAN 19- 001). Applicant: Michael Simon, CRA Executive Director. NATURE OF REQUEST Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon (ABAN 19-001)a small sliver of the unimproved NE 31d Street right- of way, while simultaneously dedicating property to the City to create a fully-aligned right-of-way connecting NE 91h Avenue to Martin Luther King, Jr. Boulevard (see attached Exhibits). The following is a description of the zoning districts and land uses of the properties that surround the subject abandonment request: North: Developed commercial and residential property, and the vacant land purchased by the CRA to straighten and extend NE 3 d Street through to Martin Luther King, Jr. Boulevard, zoned R2 (Duplex); South: Right-of-way for NE 91h Avenue, then farther south warehouse structures and storage lot zoned M-1 (Industrial); East: Vacant parcels owned by the CRA, zoned C2 (Neighborhood Commercial); and: West: The remainder of the NE 3 d Street right-of-way, then the land purchased by the CRA to straighten and align NE 3 d Street, and father west vacant residential properties, zoned R-2 (Duplex). BACKGROUND The CRA has acquired property along the west side of the current NE 31d Street right-of-way, and a parcel immediately north of the terminus of NE 3 d Street, in an effort to create an improved 50 foot wide street right-of-way connecting NE 91h Avenue to Martin Luther King, Jr. Boulevard. The abandonment, in conjunction with the dedication of land to the NE 31d Street right-of-way, and Page 843 of 972 Page 2 Memorandum No. PZ 19-023 ABAN 19-001 ultimate construction of the road, will also provide an improved street frontage for the proposed home of the Community Caring Center. On July 9, 2019, the City Commission, sitting as the CRA Board, approved an agenda item to dedicate CRA owned property for NE 31d Street right-of-way and make application, and accept the abandonment of a portion of the existing right-of-way. This will allow the right-of-way to be straightened and extended to Martin Luther King, Jr. Boulevard. The small sliver portion of the right- of-way to be abandoned will be added to the CRA owned lots for the proposed development of the Community Caring Center project. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No objection. AT & T No objection. Florida Public Utilities No objection. Comcast No objection. Sprint No objection. MCI No objection. Century Link No objection. RECOMMENDATION Based on the above-analysis, staff has determined that the subject abandonment, combined with the proposed right-of-way dedication, and subsequent roadway construction, serves a greater public purpose, and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 19-001 NE 3rd St. Dedication\Staff Report.doc Page 844 of 972 r 1 l 1F �V{ t 1 r, r ti� 1- i T rt . , Page 845 of 972 SKETCH AND LEGAL DESCRIPTION A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY, OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96 LEGAL DESCRIPTION: A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY (ALSO KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00036'53"E A DISTANCE OF 147.57 FEET, TO THE SOUTHWEST CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION, AS RECORDED IN PLAT BOOK 11, PAGE 66; THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 4 S90000'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE INTERSECTION OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S0705315411W A DISTANCE OF 148.98 FEET TO THE POINT OF BEGINNING; SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING 0.032 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE REFERENCED TO THE SOUTH R/W LINE OF MARTIN LUTHER KING JR. BOULEVARD, HAVING AN ASSUMED BEARING OF N90°00'00"E. 2. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA SURVEYOR AND MAPPER. 3. ALL RECORDING INFORMATION CONTAINED HEREIN REFERS TO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, UNLESS OTHERWISE INDICATED. 4. THIS IS NOT A SURVEY. NO FIELDWORK WAS PERFORMED AT THIS TIME. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID INSTRUMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. Digitally signed by WILLIAM J WRIGHT L.S.6868 Date:2019.05.19 09:53:58-04'00' WILLIAM J. WRIGHT, PROFESSIONAL SURVEYOR AND MAPPER, L.S. 6868 WrightPSM, LLC CALE: 1"=30' DATE: 05/19/2019 PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE (772)538-1858 www.wrightpsm.com JOB NO. 18-02151 OF 2 CERTIFICATE OFALITHORIZATION NO.L.B.8186 rs �ooameIn ghlII­b,v,a-121 1� IF,I�,\,a-12saa«dw 1/11aos1111111 SKETCH AND LEGAL DESCRIPTION LL 0- A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY, OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96 I I I I o O M LOT 6 LOT 5 LOT 4 (P.B. 11, PG. 66) (P.B. 11, PG. 66) (P.B. 11, PG. 66) SW CORNER S 0°00'00"E LOT 4 O 50.00' 8.87_'50.00' i 1 S. LINE LOT 4 LOT 159 JAN LOT 154 co� 3 W o 1 Z Q '� � cd O � LOT 158 °� N � co wLd LOT 155 �O o Q ►� J Ln Qz � O O � � Q o z �Q Z�~ J N �Z-LOT 156 LOT 157 w�w a 50.0 '(P) ► P.O.B. S.W. CORNER LOT 156 (P.B. 02, PG. 96) t j — NE 9TH AVENUE (POSTED) SPRUCE STREET, 40' R/W (P) WrightPSM, LLC CALE: 1"=30' DATE: 05/19/2019 PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE (772)538-1858 www.wrightpsm.com JOB N 0. 18-0215 2 0 F 2 CERTIFICATE OFALITHORIZATION NO.L.B.8186 \LF—­,v--In ghlII­bI,a-121 1� IF,I�,\,a-12saa«dw 1/11aoss1a III SKETCH AND LEGAL DESCRIPTION LOT 5 OF ROBERT WELLS' SUBDIVISION, P.B. 11, PG. 66 AND A PORTION OF LOTS 157, 158, AND 159 OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96 LEGAL DESCRIPTION: LOT 5 OF ROBERT WELLS' SUBDIVISION, AS RECORDED IN PLAT BOOK 11, PAGE 66, AND A PORTION OF LOTS 157, 158, AND 159, OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE SOUTHEAST CORNER OF LOT 157 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00036'53"E A DISTANCE OF 147.66 FEET, TO THE SOUTHWEST CORNER OF LOT 5 OF SAID ROBERT WELLS' SUBDIVISION; THENCE RUN ALONG THE WEST LINE OF SAID LOT 5 N01 025'00"W A DISTANCE OF 155.00 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF MARTIN LUTHER KING BOULEVARD (ALSO KNOWN AS NORTHEAST 10TH STREET); THENCE RUN ALONG THE SOUTH RIGHT OF WAY LINE OF SAID MARTIN LUTHER KING JR BOULEVARD N90000'00"E A DISTANCE OF 50.00 FEET; THENCE RUN ALONG THE EAST LINE OF SAID LOT 5 S01 02510011E A DISTANCE OF 155.00 FEET; THENCE RUN N90000'00"W ALONG THE SOUTH LINE OF SAID LOT 5 A DISTANCE OF 31.12 FEET TO A POINT AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 5 WITH THE WEST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN S07053'34"W ALONG THE WEST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD A DISTANCE OF 149.06 FEET TO THE POINT OF BEGINNING; SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING 0.210 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE REFERENCED TO THE SOUTH R/W LINE OF MARTIN LUTHER KING JR. BOULEVARD, HAVING AN ASSUMED BEARING OF N90°00'00"E. 2. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA SURVEYOR AND MAPPER. 3. ALL RECORDING INFORMATION CONTAINED HEREIN REFERS TO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, UNLESS OTHERWISE INDICATED. 4. THIS IS NOT A SURVEY. NO FIELDWORK WAS PERFORMED AT THIS TIME. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID INSTRUMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. WILLIAM J. WRIGHT, PROFESSIONAL SURVEYOR AND MAPPER, L.S. 6868 WrightPSM, LLC CALE: 1"=50' DATE: 05/19/2019 PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE (772)538-1858 www.wrightpsm.com JOB NO. 18-02151 OF 2 CERTIFICATE OFALITHORIZATION NO.L.B.8186 rs �ooameIn ghlPI­b,v,a-121 1� IF,I�,\,a-12saa«dw 1/11aosso,za„1 SKETCH AND LEGAL DESCRIPTION 0 LOT 5 OF ROBERT WELLS' SUBDIVISION, P.B. 11, PG. 66 AND A PORTION OF LOTS 157, 158, AND 159 OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96 0 0 o j ori MARTIN LUTHER KING JR. BLVD (POSTED) 0 (A.K.A. N.E. 10TH STREET) 50' R/W (PAVED) N 0 1 N _ _ 90'00'00" z50.00' o 0 0 0 U) o > S. R/W LINE PER DEED r-,) (O.R. 29172, PG. 1071) m O O (BASIS OF BEARINGS) O O CL6 ll� U) _ LOT 6 - LOT 5 - LOT 4 J (P.B. 11, PG. 66) (P.B. 11, PG. 66) (P.B. 11, PG. 66) J zi W W m O O CL O O Lo In � N N W m O O O z m � S. LINE LOT SW C RNER LOT 5 50.00' 50.00' 50.00' 131.11 Q LOT 159 LOT 154 z io o N90'00'00"W 31.12' Y 137.20' O _ z a I a AUSTRALIAN BLVD m m (N.E. 3RD ST) z LOT 158 w 3 w z LOT 155 0 o Q Qz m 0 co .10 c-, w _O Q a N M Q '- z N z 1 LOT 156 Q LOT 157 49.5 (c) 150.00' 50.0 '(P) — — — P.O.B. S.E. CORNER LOT 157 B. 92 PG. 96) NE 9TH AVENUE (POSTED) SPRUCE STREET, 40' R/W (P) WrightPSM, LLC CALE: 1"=5C DATE: 05/19/2019 PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE (772)538-1858 www.wrightpsm.com JOB N 0. 18-0215 2 Q F 2 CERTIFICATE OFALITHORIZATION NO.L.B.8186 rs �ooameIn ghlII­b,v,a-121 1� IF,I�,\,a-12saa«dw 1/11/2111111111 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: CRA Abandonment 19-001 / NE 3 d Street Dedication File number: ABAN 19-001 Reference: ABAN 19-001 DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: None. COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Page 850 of 972 CRA Abandonment 19-001 /NE 3I Street Dedication Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 19-001 NE 3rd St. Dedication\COA post P&D.doc Page 851 of 972 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: CRA Abandonment 19-001 / NE 3d Street Dedication APPLICANT: Michael Simon, Executive Director Boynton Beach CRA APPLICANT'S ADDRESS: 710 N. Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1, 2019 APPROVAL SOUGHT: Request for abandonment of a portion of the unimproved NE 3rd Street right- of-way, north of NE 9th Avenue, and dedication of property from the Community Redevelopment Agency (CRA) to realign and extend NE 3rd Street from NE 9th Avenue to Martin Luther King, Jr. Boulevard (ABAN 19- 001). LOCATION OF PROPERTY: Portion of NE 3rd Street north of NE 9th Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 19-001 NE 3rd St. Dedication\DO.doc Page 852 of 972 8.B. PUBLIC HEARING 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Approve MILK Overlay and Use Matrix Revisions Part I (CDRV 19-006) -Amending the LAND DEVELOPMENT REGULATIONS: PROPOSED ORDINANCE NO. 19-030 - FIRST READING - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions; PROPOSED ORDINANCE NO. 19-031 - FIRST READING - (2) Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services; PROPOSED ORDINANCE NO. 19-032 - FIRST READING - (3) Chapter 3. Zoning, Article 111. Zoning Districts and Overlays, and Article IV. Use Regulations; and PROPOSED ORDINANCE NO. 19-033 - FIRST READING - (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MILK Overlay, modifications to rezoning-master plan application process, corrections pertaining to Mixed-Use zoning districts and revisions to Use Matrix, Residential and Lodging category. Applicant: City-initiated. EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan, adopted on October 4th, 2016, recommended significant changes to the structure of the future land use (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific design standards. Implementation began with amendments to the City's Comprehensive Plan in 2017, followed by staffs comprehensive evaluation of the Land Development Regulations (LDRs) and phasing-in comprehensive modifications. The proposed amendments constitute the third revision of the LDRs, following the amendments adopted on May 16, 2019, and would affect Chapters 1, 2, 3 and 4. The most pertinent proposed amendments include: • Revisions to the Martin Luther King Jr. Boulevard Overlay to amend the definition, add a list of prohibited uses, require commercial uses on the ground floor on the street frontage, and change the off-street parking requirements; • Revisions to the Use Matrix(Table 3-28), Residential and Lodging section, concentrating on the urban mixed-use zoning districts to bring the matrix into consistency with the changes in city's vision embedded in the redevelopment plan; and • Modifications to the rezoning, and master and site plan regulations for planned zoning districts, o create a more streamlined and flexible development process. In addition, proposed amendments include modifications to the recently approved definitions of "Active/Commercial Uses on Ground Floor" and to definitions pertaining to the different categories of lodging. The Planning & Development Board, at their August 27, 2019 meeting, recommended approval of the proposed amendments. Page 853 of 972 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on either programs or services FISCAL IMPACT: No direct fiscal impact ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance Amending LD R Chapter 1, Article II D Ordinance Ordinance amending ILD R Chapter 2 Article I I D Ordinance Ordinance amending ILDR Chapter 3 Article I I I and IV D Ordinance Ordinance amending Chapter 4, Article V Minimum Off-Street Parking D Staff Report CDR! 19-006 Staff Report D Amendment EXHIBITA. ILDRAmendments Page 854 of 972 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 1 "GENERAL ADMINISTRATION", ARTICLE II. 7 "DEFINITIONS"; PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICATION AND AN EFFECTIVE DATE. 9 10 I WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted 12 on October 4th, 2016,recommended significant changes to the structure of the future land use 13 (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific 14 design standards; and 15 WHEREAS, the proposed amendments constitute the third revision of the LDRs, 16 following the amendments adopted on May 16, 2019; and 17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing whereas clauses are true and correct and are now ratified 20 and confirmed by the City Commission. 21 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1, 22 "General Administration", Article II"Definitions" is hereby amended as follows: 23 24 CHAPTER 1. GENERAL ADMINISTRATION 25 ARTICLE II. DEFINITIONS 26 ... 27 COMMERCIAL USES ON GROUND FLOOR-Mi d t ^t^W41-1"tffbitfl+H;Xed tiSe Z@1444g a'^*"' 8 28 Uses serving 29 the general public such as retail,restaurants,bars,entertainment,personal services,and offices. 'v or4 30 31 inelff_dam: d •t•„,t„th above tis€s_ 32 33 ACTIVE USES ON GROUND FLOOR-Resident-only serving amenities such as lounges,gyms,common 34 rooms and recreational spaces. Residential only P—jeets W4 35 36 to engage with the StFeet and PfOVide the 0PP0f4tff44y Q-1, 'Peanif-es+Hay be--1,;-_A 37 38 ... S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 Art II)Definitions-Ordinance.Docx -I- Page 855 of 972 39 HOTEL-A building or portion thereof offering temporary lodging of transient guests,with access to the Ruest 40 rooms through the inside lobby,and accessory uses that may include conference facilities,restaurants,bars. 41 and recreation,fitness amenities and retail. 42 43 44 45 46 an&Aer-or- +,,,r,: r, : :.r,:., -aa 47 140TEL, 48 49apa4ments shall 1," nat+14of-e than one"41-14d(1,14)of the total talits 50 devoted to ""'I lotinges shall be PeFR4; eeesso+y tises. 14­1 51 &;a4€s-shy,,, have a„ rosy afea of f:., 52 HOTEL,CONDOMINIUM See"14otel,F�Aen edStay." ("Condo Hotel")-A building with individually 53 owned condominium units intended to be made a part of the hotel inventory to be rented to the public and 54 operated by the hotel management. 55 140TEL, 56 ° 57 eigWy n am 58 140TEL, TIMESHARE The ter-m shallinewde, btax shall not be 1;­41-1 ­Y pa44 d4eFeOf 41 59 60 less than a Aill year- "",--Y,t-alk,le- year-but flot neeessar-dy for-eanseetitive years 41 Heear-danee W41- ""f4lxed 61 time sel,edule pe-IJO-die"ally extending for-+Here 94an one 1 1\year-. The deteFR4J1-_"+J@­+1,-+ 62 , 63 64 4easeltol fee:.,to-est 65 , 66 67 also be p+Ovide-A. 68 ... 69 MOTEL-A building or group of buildings providing lodging accommodations for transient guests,with 70 guest rooms accessed individually from rom parking areas or external walkwa . A ki;Id:.,,,OF,,.OUp„f r,,,:IA; ., 71 72 73 &A,e, e44 -e-t 74 75 suites f9f ffild W14;614 shall Hot Sen'e HS 44@ pF4Oa+y or- pefmanent F-esidenee Of t14@ 76 oeeupa+4s. Buildings designed as motel apa+4O4e+4s shall have not+OOFe thffil OR@ 4-14d (P4) Of t @ total ti'--;+S 77 78suites shall have a+041iffm+0 g+Oss floor area of five 4H+I&ed 1500) salu"ffe . 79 80 Section 3. Each and every other provision of the Land Development Regulations 81 not herein specifically amended, shall remain in full force and effect as originally adopted. 82 Section 4. All laws and ordinances applying to the City of Boynton Beach in 83 conflict with any provisions of this ordinance are hereby repealed. 84 Section 5. Should any section or provision of this Ordinance or any portion 85 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 Art II)Definitions-Ordinance.Docx -2- Page 856 of 972 86 affect the remainder of this Ordinance. 87 Section 6. Authority is hereby given to codify this Ordinance. 88 Section 7. This Ordinance shall become effective immediately. 89 FIRST READING this day of , 2019. 90 SECOND, FINAL READING AND PASSAGE this day of , 2019. 91 CITY OF BOYNTON BEACH, FLORIDA 92 93 YES NO 94 95 Mayor— Steven B. Grant 96 97 Vice Mayor—Justin Katz 98 99 Commissioner—Mack McCray 100 101 Commissioner—Christina L. Romelus 102 103 Commissioner—Ty Penserga 104 105 VOTE 106 107 ATTEST: 108 109 110 111 112 Crystal Gibson, MMC 113 City Clerk 114 115 116 117 (Corporate Seal) S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 Art II)Definitions-Ordinance.Docx -3- Page 857 of 972 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 2 "LAND DEVELOPMENT PROCESS", ARTICLE II. 7 "PLANNING AND ZONING DIVISION SERVICES"; PROVIDING 8 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN 9 EFFECTIVE DATE. 10 ii 12 WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted 13 on October 4th, 2016,recommended significant changes to the structure of the future land use 14 (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific 15 design standards; and 16 WHEREAS, the proposed amendments constitute the third revision of the LDRs, 17 following the amendments adopted on May 16, 2019; and 18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing whereas clauses are true and correct and are now ratified 21 and confirmed by the City Commission. 22 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, 23 "Land Development Process", Article 11 "Planning and Zoning Division Services" is hereby 24 amended as follows: 25 26 CHAPTER 2. LAND DEVELOPMENT PROCESS 27 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES 28 ... 29 Sec. 2. Standard Applications 30 ... 31 B. Comprehensive Plan Amendments. 32 1. General. 33 a. Purpose and Intent. The purpose of this subsection is to provide a means for 34 amending the city's Comprehensive Plan in accordance with F.S. Chapter 163. 35 b. Authority. The City Commission has the authority to amend the Comprehensive 36 Plan upon compliance with the provisions of F.S. Chapter 163 and of this subsection. The S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordmance.Docx -I- Page 858 of 972 37 City Commission has designated itself as the Local Planning Agency (LPA) for the city. 38 c. Types of Amendments. Amendments to the Comprehensive Plan include text 39 amendments and site-specific amendments to the future land use map (FLUM). 40 2. Text Amendment. A text amendment to the Comprehensive Plan shall only be 41 initiated by the city. 42 3. Future Land Use Map (FLUM) Amendment. 43 a. General. 44 (1) The purpose of this subsection is to provide a means for changing the 45 boundaries and/or classifications of the FLUM through site-specific amendments to the 46 Comprehensive Plan. 47 (2) A request for FLUM amendment for parcels of 10 (ten) acres or fewer shall be 48 considered e4he,-',,,:ge Reale of:small scale, based on F.S. Chapter 163. 49 50F.S. 51 roti r+ i 6� -=- - 52 (43) All privately initiated FLUM amendments shall be accompanied by an 53 application to rezone to a zoning district consistent with the requested FLUM 54 classification. See Section 2.D. below for the process by which lands are rezoned to a 55 different zoning district. 56 57 .... 58 59 D. Rezoning, Including Master Plan. 60 1. General. 61 a. Purpose and Intent. The purpose of this subsection is to provide a means for 62 changing the zoning district boundaries or designations through site-specific amendments to 63 the official zoning map. It is not intended to relieve particular hardships or to confer special 64 privileges or rights to any person, but only to make necessary adjustments in response to or 65 based upon changed conditions. 66 b. Authority. The City Commission has the authority to amend the official zoning 67 map upon compliance with the provisions of this subsection. 68 c. Initiation. Amendments to the official zoning map may be proposed by the owner 69 (or agent) of the affected land or city-initiated. 70 d. Consistency with Future Land Use Map (FLUM) of Comprehensive Plan. No 71 application to rezone lands may be submitted that would result in an inconsistency with the 72 FLUM classification. See Section 2.13.3. above for the process by which to amend the 73 FLUM classification. 74 _ e. Rezoning to Planned Zoning Districts. A master plan, „long W41- the 75 , shall be required when a privately-initiated 76 application is made to rezone lands to a planned zoning district. A site plan may be 77 submitted concurrently or at a later date. The ifflastef Plan shall be ­+____1 61 78 toe11111C apOi6at:^n; ^wa. City-initiated rezoning can proceed in advance of the 79 master plan/site plan submittal. The master plan shall be reviewed in accordance with 80 Section 2.D.6. below. See Section 2.17. below for additional regulations pertaining to the site 81 plan application. 82 83 .... 84 85 6. Master Plan. S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx -2- Page 859 of 972 86 a. General. The purpose of this subsection is to set forth well-defined application 87 processes, review criteria, and uniform procedures for the rezoning of lands to planned 88 districts (as defined by Chapter 1, Article 11). 89 - b. Submittal Requirements. Except as provided in Section 2.D.6.e below, 4the 90 applicant is required to complete the rezoning application (see Section I.D. above), 91 92 and provide all documentation required by the respective application checklist. 93 - AXTI 94 95 and Aled eOf1etff:f:ef1+Lly ,A, A, 11 '++ 1 Of the MaS+ EOF Of Planning and 96 97 98 . 99 c. Review Criteria. The master plan shall comply with the requirements of the 100 respective zoning district regulations of Chapter 3, Article III and site development 101 standards described in Chapter 4. In addition, the site plan shall be consistent with the 102 master plan. See Section 2.17.3. below for the review criteria of a site plan. 103 d. Approval Process. A privately-initiated request to rezone{and its accompanying 104 master plan shall be f:eviiewed eenettf+en+ of the S-4 105 nieatio . Be+'- appl eatiefFrequire review by the City Commission and shall be 106 processed in accordance with Chapter 2, Article I, Section 3. 107 _ e. Expiration. A master plan_ 108 . 109 shall remain valid unless the corresponding site plan expires,-or if the site plan is 110 not adopted within 18 months of the date of the master plan approval. In these instances, the III official zoning map retains the planned zoning district designation, but the property does not 112 possess a valid development order or development permit, and no permits may be granted by 113 the city on the subject property. The submittal and approval of a new FeZening appl 6 114 whieh :,,eitt es a new or modified master plan, and ee„etw+e �a site plan application 115 as provided in Section 2.D.Le. above, shall be required in order to commence development, 116 redevelopment, or other site improvements. 117 f. Modification to Master Plan. Changes to master plans are either "minor" or 118 "major" based on criteria within this section. A pre-application conference with staff is a 119 prerequisite to filing an application for modification. The site plan must be consistent with 120 the master plan; therefore, any request to modify a master plan may require the submittal of 121 a concurrent request for site plan modification in accordance with Section 2.17.7. 122 below. Staff shall consider the following factors in determining whether the proposed 123 master plan modification is considered "major": 1 124 (1) The modification increases or decreases the buildable square footage (intensity) 125 or number of dwelling units (density)by more than five percent(5%); 126 (2) The modification e4 a,- adds e,- eliminates a point of ingress and egress; 127 - (3) The modificationeliminattes,_reduces ,- ,. oehanges ,ha leatiO„ 0, the cumulative 128 area of each the required or provided open spaces, green spaces, and pedestrian plazas stte4+ 129 by more 130 than five percent(5%), changes the location of such spaces, or does not otherwise meet the 131 intent of these Regulations; 132 �-J el 6W laft RIF - 133 134 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx -3- Page 860 of 972 1 135 (4-55-) The modification alters the project so that the modified master plan does not 136 resemble the approved master plan; 1 137 (56) The modification affects or does not comply with a condition of approval of 138 the preceding development order; and 1 139 (6F) The modification is proposed to a city-owned or operated facility and does not 140 adversely impact adjacent properties and/or public lands. 141 g. Major Master Plan Modification. 142 (1) Submittal Requirements. See Section I.D. above for the submittal requirements 143 of this application. 144 (2) Review Criteria. The proposed master plan shall comply with the requirements 145 of the respective zoning district of Chapter 3, Article III, and the site development standards 146 described in Chapter 4. 147 (3) Approval Process. An application for major master plan modification requires 148 review by the City Commission and shall be processed in accordance with Chapter 2, Article 149 I, Section 3. 150 - (4) Expiration. A master plan shall remain valid unless the corresponding site plan 151 expires, or if the site plan is not adopted within 18 months of the date of the master plan 152 approval. There ; —4:a+'- _4� w ­­+-,-In me 153 (5) Miscellaneous. At the time the City Commission approves a request for a major 154 master plan modification, any previously approved master plan, including any conditions of 155 approval, shall be null and void. All future development shall be consistent with the master 156 plan, as modified and approved by the City Commission, including all corresponding 157 conditions of approval. 158 h. Minor Master Plan Modification. 159 (1) Submittal Requirements. The applicant shall submit a letter explaining the 160 modification(s) along with the master plan (in the number of copies specified by the 161 Division). The applicant shall also provide consent from the property owner to file an 162 application for the minor master plan modification. 163 (2) Review Criteria. The proposed master plan shall comply with the following: 1) 164 all applicable conditions of approval of the preceding master plan; 2)requirements of the 165 respective zoning district of Chapter 3, Article III; and 3)the site development standards 166 described in Chapter 4. 167 (3) Approval Process. The application shall be reviewed by staff and action will be 168 taken by the appropriate administrative official. Upon approval of a minor master plan 169 modification, all future development shall be consistent with the master plan, as modified, 170 including all previously approved conditions of approval associated with the master plan. 171 .... 172 F. Site Plan, Including Time Extension and Modifications. 173 174 175 8. Miscellaneous. 176 a. Site plan review shall be required in conjunction with a master plan when rezoning 177 lands to a planned zoning districts f4 as provided in Section 2.D.Le. See Section 2.D.6. 178 above for additional regulations pertaining to the rezoning process. In such instances, the 179 site plan shall be consistent with the master plan. 180 .... 181 182 Section 3. Each and every other provision of the Land Development Regulations S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx -4- Page 861 of 972 183 not herein specifically amended, shall remain in full force and effect as originally adopted. 184 Section 4. All laws and ordinances applying to the City of Boynton Beach in 185 conflict with any provisions of this ordinance are hereby repealed. 186 Section 5. Should any section or provision of this Ordinance or any portion 187 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 188 affect the remainder of this Ordinance. 189 Section 6. Authority is hereby given to codify this Ordinance. 190 Section 7. This Ordinance shall become effective immediately. 191 FIRST READING this day of , 2019. 192 SECOND, FINAL READING AND PASSAGE this day of , 2019. 193 CITY OF BOYNTON BEACH, FLORIDA 194 195 YES NO 196 197 Mayor— Steven B. Grant 198 199 Vice Mayor—Justin Katz 200 201 Commissioner—Mack McCray 202 203 Commissioner—Christina L. Romelus 204 205 Commissioner—Ty Penserga 206 207 VOTE 208 2o9 ATTEST: 210 211 212 213 214 Crystal Gibson, MMC 215 City Clerk 216 217 218 219 (Corporate Seal) S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordmance.Docx -5- Page 862 of 972 1 2 ORDINANCE NO. 19- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS 7 CHAPTER 3 "ZONING", ARTICLE III. "ZONING DISTRICTS", 8 ARTICLE IV, "USE REGULATIONS"; PROVIDING FOR 9 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted 14 on October 4th, 2016,recommended significant changes to the structure of the future land use 15 (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific 16 design standards; and 17 WHEREAS, the proposed amendments constitute the third revision of the LDRs, 18 following the amendments adopted on May 16, 2019; and 19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing whereas clauses are true and correct and are now ratified 22 and confirmed by the City Commission. 23 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 24 "Zoning", Article III"Zoning Districts" is hereby amended as follows: 25 26 CHAPTER 3. ZONING 27 ARTICLE III. ZONING DISTRICTS AND OVERLAYS 28 Sec. 1. Overview. 29 ... 30 C. Non-Residential Building and Site Regulations (Table 3-2). RE NON-RESIDENTIAL C C C-3 C CB PCD M PID PU 1 2 4 D 1 C i Page 863 of 972 Density(dwelling units per acre): N/A A A N/ N/ N/A Flexible' N/_ A N/A N/A N/A N/A Project Area,Minimum(acres) N/A A/ N/A A/ N/A 3" "N/A 25 A/N /A Lot Area-pef4mit,Minimum(square 9,0 5,0 15,0 5,00 15,0 Flexible 10,0 Flexible 43'5 8,000 feet): 00 00 00 0 00 00 60 Lot Frontage,Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth,Minimum: 120 p N/A 100 100 N/A N/A N/A A/ N/A Lot Coverage,Maximum: o0 40 40 10 60% 60% N/ N/A /o /o /o A Floor-Area-Ratio(FAR),Maximum: 0.4 0.5 0.50 0'5 N/A 0.50 0.50 0.50 0.5 0 1.00 Structure Height,Maximum(feet): 309 25 45 45 45 45 45 45 45 45 Building Setbacks,Minimum(feet)14: Front 30 30 20 25 0 40 15 30 25 2513 Rear 20 20 20' 205 206 40 203 30 25 2513 Interior side 10 15 O' 155 0 30 15' 20 25 1513 Corner side 71 20 20 155 8' 30 15 30 25 1513 Building Setbacks,Minimum if abutting a residential district(feet)14: Rear 30 30 30 30 N/A N/A 30 N/A A/ 30 Interior side 30 30 30 30 N/A N/A 30 N/A A/ 30 Corner side 30 30 30 30 N/A N/A N/A N/A A/ N/A Waterfront yard N/A A/ N/A A/88 N/A N/A N/A A/ N/A 31 32 33 ... 34 35 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE,URBAN13_14 MU- MU- MU-' MU-2 3 4 MU-C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A 2 Page 864 of 972 All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100' 150' 200' 200' Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)3 45 65 75 100 150/125' Maximum Density(DUs/Acre)",,z 20 40 50 60 80 Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setback,Minimum(ft.)8 Rear abutting: Residential single-family 255/05.6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05.6 255 255 255 255 36 0.5% Usable Open Space,Minimum(sq.ft.)' N/A N/A 1% 2% 37 38 1. May be reduced if frontage extends from right-of-way to right-of-way. 39 2. A4;,,;,,,,,, „f f:�. , ,, r. n , ,, ,,,, ,, Project sites must fronton 40 two(2)intersecting rights-of-ways and must have an uninterrupted lot frontage. 41 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway 42 is thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction 43 where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of 44 these regulations.Height bonus may be granted through participation in the Workforce Housing Program. 45 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts 46 any other MU or residential zoning district not separated by a right-of-way. 47 5. Plus one(1)additional foot for each foot of height over thirty-five(3 5)feet. 48 6. Where there is an intervening right-of-way of at least forty(40)feet. 49 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in 50 conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or 51 when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a 52 factor of roadway type and CRA district,which determines the minimum-width and design of the PZ.Elxe€pt 53 f the r, ,,,.,t ,, ,Pict iet,wher-e tThe minimum PZ,,,:a.,, : 18',the„ ,n4: all @94er-&44ets if 16 ft 54 is comprised of three components: i)a five(5)foot wide street tree area,measured from the back of the curb. 3 Page 865 of 972 55 or future curb on roads requiring a right-of-wav dedication, 2)an eight(8)foot wide sidewalk(10 foot wide 56 sidewalk when located within the Downtown District,as defined by the Community Redevelopment Area 57 Plan),free from obstructions,measured from the centerline of street trees,and 3)an eight(8)foot wide active 58 area,measured from the sidewalk.The PZ components mai vM in placement order only on sites with 59 conflicting right-of-wav regulations. See Section 5.C.2.below for additional relief provisions from build-to 60 line requirements. - See Section 5.C.2.below for additional relief provisions from build-to line requirements. 61 8. Locally registered historic structures are not required to meet these standards. 62 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be 63 devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 64 for additional regulations. 65 10. Projects within the Downtown Transit-Oriented Development District(the Station Area)tFa 4+@-Fe-shall 66 have minimum densities as follows:MU-1 -eleven fifteen(4415),MU-2=twenty-five(29�25),MU-3 67 thirty-five(34335 ,MU-4-for #4�-five(4-5-4� and MU-C-six € 4y (44!LO)dwellings per acre,{€ 68 69 11. Projects within the Downtown Transit-Oriented Development District(the Station Area)t&-&Y,4+@-Fe–shall 70 have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0), 71 Jesl 3. 72 U _Maximum FAR for M -3 may be increased to 5 if abutting property with the Mixed Use High future 73 land use classification. 74 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the 75 Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the 76 underlying zoning district through participation in the City's Workforce Housing Program. 77 13. Mixed use projects within urban mixed use zoning districts will meet ground floor 78 COMMERCIAL USE requirement by including commercial uses serving the general public such as 79 retail,restaurants,bars, entertainment,personal services, and offices. Resident-only serving 80 amenities such as lounges, gyms, common rooms, and recreation spaces may be included in addition 81 to the above uses,but shall not fulfill the commercial requirement. 82 83 14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the 84 Federal Highway District and the Heart of Boynton District, as defined by the Community 85 Redevelopment Area Plan,will meet ACTIVE USE requirement by using design features- 86 including street-fronting access—to allow residential use to engage with the street and provide the 87 opportunity for interaction. Such features may be combined with building amenities such as lounges, 88 gyms, common rooms, and recreation spaces on the ground floor 89 90 ... 91 Sec. 2. Residential Districts. 92 ... 93 H. IPUD Infill Planned Unit Development District. 94 ... 95 3. Building and Site Regulations (Table 3-12). The following building/site regulations 96 apply to the entire IPUD development. 97 BUILDING/SITE REGULATIONS IPUD District 4 Page 866 of 972 Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage': Flexible' Minimum perimeter yard setback: Front: Flexible' Rear: Flexible' Interior side: Flexible' Corner side: Flexible' Maximum lot coverage: 50% Minimum usable open space(per dwelling unit): 200 square feet Maximum structure height: 45 feet' 98 99 100 ' Individual lots within an IPUD development contain flexible standards relative to minimum required lot 101 frontage and lot area for each unit. Pursuant to Chapter 3,Article IV, Section 3.13.,a marina use shall require a 102 minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feet. 103 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single- 104 family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building 105 setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of 106 structures with said development. Also,perimeter buildings shall have an increased setback of one(1) 107 additional foot for every foot of building height in excess of thirty (30)feet. If vegetation, screening,or other 108 barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city 109 may grant some relief from the aforementioned requirement. A structure shall be considered to be on the 110 perimeter if there is no intervening building between it and the property line. Project design along abutting 111 roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation 112 from the respective development plan. 113 3 A lesser building height maybe required for compatibility with adjacent development. See Note#2 above 114 for additional setback requirements relative to building height. 115 . 116 117 ... 118 Sec. 5. Mixed-Use (Urban) Districts. 119 A. General. 120 ... 121 3. Location and General Use Requirements. 122 a. General. The mixed use (urban) districts are intended for projects that promote 123 sustainable design with respect to land use, energy conservation, resource management, and 124 social equity. Rezoning to any of these districts is encouraged for proposed development or 125 redevelopment on lands that are in close proximity to existing infrastructure,public and 5 Page 867 of 972 126 alternative transportation routes and modes, employment centers, community areas, or have 127 sustained or are complicated by environmental contamination. 128 The mixed use (urban) zoning districts shall be applied to selected geographic areas 129 east of I-95, where a mixture of uses and building intensities is intended to implement the 130 CRA Community Redevelopment Plan and urban design guidelines including goals 131 involving compact design, transit-oriented development, employment,population, 132 transportation, housing,public facilities, and environmental quality. Permitted uses and 133 associated standards for development vary between the zoning districts each reflecting the 134 importance of the district's location and relationship to the downtown. Maximum heights, 135 densities, and intensities of development are regulated to achieve, in part, the intended 136 vision as established within the CRA Community Redevelopment Plan for each of the six 137 planning districts, while ensuring land use compatibility. A master plan as a whole, 138 comprised of individual buildings and parcels, would be reviewed for compliance with the 139 requirements below pertaining to a residential component to the project, Active, and 140 Ceommercial uses on the first floor of a project. 141 b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3). 142 (1) In order to complement the revitalization efforts in the downtown area, these 143 zoning districts shall be applied to lands consistent with the Comprehensive Plan Future 144 Land Use Map and CRA Community Redevelopment Plan. See the Community 145 Redevelopment Plan for specific recommendations on locations and boundaries. 146 (2) These MU districts are appropriate for low-to mid-rise developments that 147 provide for medium density residential and low to medium intensity commercial and office 148 uses. 149 (3) The review of these applications will emphasize compactness, aesthetics and 150 design quality, and physical compatibility with adjacent land uses. 151 (4) Except where limited by Table 3-22 in Chapter 3, Article III, Section S.C., all 152 new developments within the MU-1 and MU-2 districts that contain a non-residential use 1153 shall front on streets designated as "arterial", or "collector'-', roadways on the Functional 154 Classification of Roadways Map. All projects within the MU-3 district proposed within the 155 transit core must contain a residential component, and all projects proposed within these 156 Mixed Use intensity districts that front on an arterial road must have space on the first floor 1157 devoted to Ceommercial or a*A-active uses. 158 (5) Maximum height may be further limited in certain geographic areas to further 159 applicable redevelopment plans and maintain compatibility with an abutting single-family 160 district. 161 c. Mixed Use-4 (MU-4). 162 (1) The Mixed Use 4 (MU-4) district shall only be applied to land classified as 163 mixed use-high(MXH) on the future land use map as recommended by the Community 164 Redevelopment Plan. 165 (2) The MU-4 district is appropriate for high density/intensity development 166 intended for designated nodes. Such developments shall include a mix of uses designed in a 167 compact vertical style. Developments proposed within the Downtown Transit-Oriented 168 Development District(the Station Area) must contain a residential component and have 169 space on the first floor devoted to commercial uses for those portions of the project having 1170 frontage along a collector Glee ,, ^.ven ,a or an arterial road. 171 (3) All new developments within this district shall front on streets designated as 6 Page 868 of 972 172 "arterial" roadways on the Functional Classification of Roadways Map. 173 d. Rezoning of single-family districts. All requests to rezone any single-family 174 residential district to a mixed use zoning district shall be subject to the following additional 175 requirements: 176 (1) Height, density and intensity of development shall be consistent with the CRA 177 Redevelopment Plan for the applicable district;, 178 (2) Ratio of lot frontage to depth that is no more than one (1) foot(frontage)to one 179 and one-quarter(1.25) foot(depth); 180 (3) Vehicular access to the property located to minimize impacts on adjacent single- 181 family developments and meet safety standards; and 182 (4) Landscape barriers provided, in accordance with the landscape regulations of 183 this Code, where the rezoned property abuts single-family residential zoning. 184 e. Mixed Use Core (MU-C). 185 (1) The Mixed Use C (MU-C) district shall only be applied to lands classified as 186 mixed use-high(MX-H) on the future land use map. 187 (2) The MU-C district is appropriate for high density/intensity development 188 intended for the downtown area. Such developments shall include a mix of uses designed in 189 a compact vertical style. Developments proposed within the Downtown Transit-Oriented 190 Development District(the Station Area) must contain a residential component and have 191 space on the first floor devoted to commercial uses for those portions of the project having 1192 frontage along a collector n,.ea A.ven to or an arterial road. 193 (3) All new developments within this district shall front on streets designated as 194 "arterial" roadways on the Functional Classification of Roadways Map. 195 f. Rezoning of single-family districts. All requests to rezone any single-family 196 residential district to a mixed use zoning district shall be subject to the following additional 197 requirements: 198 (1) Height, density and intensity of development based on the standards indicated in 199 Table 3-22; 200 (2) Ratio of lot frontage to depth that is no more than one (1) foot(frontage)to one 201 and one-quarter(1.25) foot(depth); 202 (3) Vehicular access to the property located to minimize impacts on adjacent single- 203 family developments and meet safety standards; and -MIXED USE,URBAN 13,14 MU-1 MU-2 MU-3 MU-4 MU-C (Overlay regulations may apply.See Section 8 below.) Lot Area,Minimum(acres): Public park: N/A N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 1002 150' 2002 2002 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)' 55 65 75 100 150/125' Maximum Density(DUs/Acre)L0 1' 20 40 50 60 80 Maximum F.A.R.11 2.5 3.0 3.0 4.0 4.0 7 Page 869 of 972 Build-to-line(ft.)': All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street o' o' o' o' o' Interior side 0' 0' 0' 0' 0' Building Setbacks,Minimum(ft.)': Rear abutting Residential single-family 255/05.6 255 255 255 255 Intracoastal waterway 25 25 25 25 25 Side abutting Residential single-family: 255/05,6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)' N/A N/A 0.5%1 1% 2% 204 205 (4) Landscape barriers provided, in accordance with the landscape regulations of 206 this Code, where the rezoned property abuts single-family residential zoning. 207 B. Use(s)Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.1). 208 C. Building and Site Regulations. 209 1. Building and Site Regulation (Table 3-22). 210 211 1. May be reduced if frontage extends from right-of-way to right-of-way. 212 2. d-. Project sites must front on two(2)intersecting rights-of-ways and must have an uninterrupted 213 lot frontage. 214 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway 215 is thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction 216 where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of 217 these regulations.Maximum heights may be increased in the DTODD through participation in the Workforce 218 Housing Program. 219 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts 220 any other MU or residential zoning district not separated by a right-of-way. 221 5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 222 6. Where there is an intervening right-of-way of at least forty(40)feet. 223 7. Buildings and structures shall be located no farther than zero(0)feet from the property line, except in 224 conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or 225 when additional setback is necessary to provide for required"Pedestrian Zone" (PZ).Building placement is a 226 factor of roadway type and CRA district,which determines the minimum width and design of the PZ.The 227 minimum PZ is comprised of three components: 1)a five(5)foot wide street tree area,measured from the back 228 of the curb,or future curb on roads requiring a right-of-way dedication,2)an eight(8)t&4&H-(444)foot wide 229 sidewalk(10 foot wide sidewalk when located within the Downtown District,as defined by the Community 230 Redevelopment Area Plan),free from obstructions,measured from the centerline of street trees,and 3)an 231 eight(8)foot wide active area,measured from the sidewalk.The PZ components may vary in placement order 232 only on sites with conflicting right-of-way regulations. See Section 5.C.2.below for additional relief 233 provisions from build-to line requirements. 8 Page 870 of 972 234 8. Listed eligible historic structures are not required to meet these standards. 235 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be 236 devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 237 for additional regulations. 238 10. Projects within the Downtown Transit-Oriented Development District(the Station Area) 239 have minimum densities as follows:MU-I -eleven fifteen(I54-�),MU-2=twenty-five(2524),MU-3 240 thirty-five(3534),MU-4=fo . -five•' (45�)and MU-C-six €ems(6044)dwellings per acre. 24141441 the e+4;- 242 11. Projects within the Downtown Transit-Oriented Development District(the Station Area) 243 have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0), 244 (e�ieept that+oJ­_Jn+ti+o FAR for-the MU G dist+Jet applies 245 246 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the 247 Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the 248 underlying zoning district through participation in the City's Workforce Housing Program.... 249 13. Mixed use Projects within urban mixed use zoning districts will meet ground floor 250 COMMERCIAL USE requirement by including commercial uses serving thee�public such as 251 retail,restaurants,bars, entertainment,Personal services, and offices. Resident-only serving 252 amenities such as lounges, gyms, common rooms, and recreation spaces may be included in addition 253 to the above uses,but shall not fulfill the commercial requirement. 254 255 14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the 256 Federal Highway District and the Heart of Boynton District, as defined by the Community 257 Redevelopment Area Plan,will meet ACTIVE USE requirement by using design features- 258 including street-fronting access—to allow residential use to engage with the street and provide the 259 opportunity for interaction. Such features may be combined with building amenities such as lounges, 260 gyms, common rooms, and recreation spaces on the ground floor 261 9 Page 871 of 972 262 .. 263 Sec. 8. Overlay Zones 264 265 A. Martin Luther King Jr. Boulevard Overlay 266 1. Intent. This overlay identifies a segment of the Martin Luther King Jr. Boulevard as 267 an opportunity for redevelopment and revitalization. The ultimate design and site standards 268 of this section are intended to create a traditional street corridor with pedestrian 269 improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to 270 contain an ambience supported by pleasant signage and building appearance,potted 271 landscaping, store windows and public open spaces. This overlay is also appropriate for 272 development of small properties to allow for consistency with the vision represented by the 273 respective mixed use zoning district, and/or as an interim redevelopment mechanism until 274 greater redevelopment occurs using the respective mixed use zoning district. All 275 development within the Martin Luther King Jr. Boulevard corridor shall occur according to 276 the provisions of the adopted plan as stated below. 277 2. Defined. The Martin Luther King Jr. Boulevard Overlay (MLKBO) is hereby 278 established as the area defined by the parcels fronting on that portion of the Boulevard 1279 located east of Seacrest Boulevard and west of the railroad right-of-way, along with those 280 parcels adjacent to the north and south of these parcels that front on the Boulevard if 281 assembled and developedt as a unified project. Also included in the Overlay are the 282 parcels with commercial underlying zoning oning located between NE 9th Avenue and NE 1 lth 283 Avenue. - 284 3. Use(s). Commercial Uses on the Ground Floor shall be required on the street 285 frontage of MLK Jr. Boulevard. Allowed. T��«��-1-1-aptef3�� TI' 286 287 a. Uses shall be determined by the underlying zoning oning district, see "Use Matrix 288 Table 3-28" in Chapter 3, Article IV, Section 3.D, with the exception of the 289 following prohibited uses: 290 Dwelling, Single- family (detached) 291 Dwelling, Two-family (duplex) 292 Automobile Rental 293 Automotive, Major Repair 294 Automotive, Minor Repair 295 Auto/Car Wash, Self- serve-Bq 296 Auto Dealer, New 297 Auto Dealer, Used 298 Auto/Car Wash (Polishing, Waxing, Detailing) 299 Automotive Window Tinting/Stereo Installation/Alarms 300 Drive-thru facilities 301 Gasoline Station 302 Group homes Type I, II, III, and IV 303 Adult entertainment 304 305 b. Any other automobile-oriented uses not listed above are prohibited. 10 Page 872 of 972 306 (1) An "automobile oriented use" shall be construed as a business which has 307 a principal purpose of servicing an automobile or consists of a building 308 type or feature which is designed for an automobile, such as drive-thru 309 facilities. 310 c. Live-work units are permitted, but may not front MLK Jr. Boulevard and do not 311 replace the required Commercial Uses on Ground Floor. 312 d. Additionally, no leery existing use shall be deemed non-conforming as a 313 result of the MLKBO regulations. 314 315 4. Building and Site Regulations. Development within this overlay shall be in 316 accordance with building and site regulations applicable to the underlying zoning district 317 except as follows: 318 a. Parcels that have frontage along Martin Luther King Jr. Boulevard, Seacrest 319 Boulevard, or NE 3rd Street shall provide for the required "Pedestrian Zone" (PZ). 320 The minimum PZ is comprised of three components: 1) a five (5) foot wide street 321 tree area, measured from the back of the curb, or future curb on roads requiring a 322 right-of-way dedication, 2) an eight(8) foot wide sidewalk, free from obstructions, 1323 measured from the centerline of street trees, and 3) an five 5 eig4 -foot wide 324 active area, measured from the sidewalk. The PZ components may vary in 325 placement order only on sites with conflicting right-of-way regulations. See 326 Section 5.C.2. below for additional relief provisions from build-to line 327 requirements. 328 b. Notwithstanding the required build-to line and pedestrian zone requirements, 329 portions of buildings and structures may be constructed in excess of the distance 330 specified above, but not to exceed 15 feet when necessary to 1) optimize landscape 331 design; 2) maximize on-site drainage solutions; 3) accommodate architectural 332 features and building enhancements; and/or 4)to otherwise enhance public spaces 333 such as sidewalks,plazas, fountains, or outdoor seating areas in order to further the 334 purpose and intent of the Overlay. Major deviations from the build-to line 335 requirement above (in excess of 15 feet) may be allowed, but only with sufficient 336 justification and contingent upon the approval of a Community Design Appeal 337 application (see Chapter 2, Article 11, Section 43). 338 c. Minimum interior side,-ate corner side, and rear setbacks and Feaf Rati ',R shall be 339 in accordance with the Mixed Use 1 zoning district(see Section S.C. above). 340 d. Maximum building height shall be shall be in accordance with the Mixed Use 1 341 zoning district(see Section S.C. above)fif';­hive !«` feat'. Buildings fronting Martin Luther 342 King Jr. Boulevard shall be a maximum of thirty-five (35) feet consistent for a depth of ten 343 (10)feet. 344 e. Minimum building height shall be thirty (30) feet. 345 5. Parking. As required by Chapter 4, Article V, Section 3.D. 346 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.B.5. 347 348 ... 349 ii Page 873 of 972 350 C. Cultural District Overlay 351 ... 1352 4. Uses. AeCommercial Uses on Ground Floor shall be required on the street 353 frontage of Ocean Avenue. 354 ... 355 D. Boynton Beach Boulevard Overlay (BBBO) 356 ... 1357 4. Uses: A Commercial Uses on Ground Floor shall be required on the street 358 frontage of Boynton Beach Boulevard. 359 12 Page 874 of 972 360 361 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3, 362 "Zoning", Article IV"Use Regulations" is hereby amended as follows: 363 364 ARTICLE IV. USE REGULATIONS 365 ... 366 Sec. 3. Use Regulations. 367 ... 368 D. Use Matrix (Table 3-28). P Permitted Residential Commercial Mixed-Use Indus Misc C Conditional A Accessory t-rial RESIDENTIAL&LODGING Accessory Dwelling P P P P P P P P Unit 36 36 36 36 36 36 24 24 36 36 Bed&Breakfast C C C C C C C 37 37 37 37 37 37 37 Dwelling,Single- P P P P P P P P P R P A A family(detached) 34 34 34 34 34 4-9 34 34 4-9 34 28 24 1 4-9 34 Dwelling,Two- P P P P P g R 16i R P P P P C A A family(duplex) k4 34 44 28 2& 34 4-9 38 38 34 34 34 Dwelling,Multi- P P P P R R 461 R P P P P R R P A A family(including 4-4 24 44 4-9 44 24 44 44 24 24 34 4 4 27 241 24 Townhomes) 4-9 �4 �4 6 6 6 34 44 44 34 Dwelling Units in R g P P P P P P P P A A Mixed Use Buildings 44 4-9 34 34 34 34 34 6 6 27 28 24 44 4-9 6 6 6 34 34 34 34 34 Group Home Type 1 P P P P P P (2 per room up to 10 40 40 40 40 40 40 residents,limited service) Group Home Type 2 P C C C (2 per room up to 14 14 40 40 40 residents,limited 40 service) Group Home Type 3 C C C C C P P C C C C (comprehensive 14 14 40 40 40 40 40 40 40 40 40 service) 40 40 Hotel&Motel P P P P C C C C P P P 41 41 41 41 41 41 41 41 141 141 41 13 Page 875 of 972 P P P P P P P P P P P P P P Home Occupations 34 34 34 34 34 34 34 34 34 34 34 34 34 34 Live-Work Units P P P P P P P 42 42 42 42 42 42 27 Manufactured Home P 4 g g 4 g 4 � 4 4 g g 4 g 4 4 A 4 4-9 34 34 4-9 34 34 34 34 34 34 34 34 34 2-7- a-4 24 34 4-9 34 34 34 34 369 ... 370 6. General Note. This use is subject to requirements of Commercial/ Active uses on 371 Ground Floor. 372 373 otheizwise, sappr-ovalshall b He 1-1-H-4-1 374 a. Mixed-use projects within urban mixed-use zoning districts will meet the 375 requirement for the Commercial Uses on Ground Floor by including commercial 376 uses serving the general public such as retail, restaurants, bars, entertainment, 377 personal services, and office. 378 b. Residential-only projects within MU-1,MU-2 and MU-3 zoning districts located 379 within the Federal Highway District and the Heart of Boynton District(as defined 380 by the CRA Community Redevelopment Plan)will meet the requirement for the 381 Active Uses on Ground Floor by using recommended design features. 382 ... - - 383 20. Reserved. 384 C.,,,,,,,,S l0eat d , ,:41,:. 41 n o A o n. eFla- gone 385 ... 386 38. Reserved. 387 388 389 4L 4L o T? 2 d' 4 4 „1., Cao f 1 A 4:Ele�Tr�Seetf8" .& :srrrcrre" air. �- cr 390 391 39. Reserved.Dwelling, Maki Family. 392 393 394 . 395 ... 396 41. Hotel & Motel (includes Boatiefide, Extended-stay, "x.,.-4.,,0.,4 T:.,, sb 397 ). 398 1399 a. 400 BO'dtkfide hotels aFe „t ksteas d o s€ 401 402 403 404 405 C. GBD Distfiet. n r.,<.4,,, n4 hotel. tie 406 a1. 14 Page 876 of 972 407 1408 409 t4 tis aFe „4 r:�to .."I uses. 410 411 e-a. SMU District. Hotels require conditional use approval. Algai4ineaf 1—f-1, 412 Motels 413 are prohibited uses. 414 415 fib. MU-1 District, MU-2 District, and MU-3 District_ and MU ^ Distfiet Hotels 416 require conditional use approval. . 417 Motels are prohibited uses. 418 419 g. MU-4 District and MU-C District. 420 appf;ai'a4 and ffinst be 421 e Keened thiFr, PeFeell \ Of the SSS fOOF Of the-- _- a_ 422 . Motels 423 are prohibited uses. 424 425 h. PID district. This non-industrial use is allowed within the PID district provided 426 it is located on a lot that has a Hotel (H) land use option. 427 428 Section 4. Each and every other provision of the Land Development Regulations 429 not herein specifically amended, shall remain in full force and effect as originally adopted. 430 Section 5. All laws and ordinances applying to the City of Boynton Beach in 431 conflict with any provisions of this ordinance are hereby repealed. 432 Section 6. Should any section or provision of this Ordinance or any portion 433 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 434 affect the remainder of this Ordinance. 435 Section 7. Authority is hereby given to codify this Ordinance. 436 Section 8. This Ordinance shall become effective immediately. 437 FIRST READING this day of , 2019. 438 15 Page 877 of 972 439 SECOND, FINAL READING AND PASSAGE this day of , 2019. 440 CITY OF BOYNTON BEACH, FLORIDA 441 442 YES NO 443 444 Mayor— Steven B. Grant 445 446 Vice Mayor—Justin Katz 447 448 Commissioner—Mack McCray 449 450 Commissioner—Christina L. Romelus 451 452 Commissioner—Ty Penserga 453 454 VOTE 455 456 ATTEST: 457 458 459 460 461 Crystal Gibson, MMC 462 City Clerk 463 464 465 466 (Corporate Seal) 467 16 Page 878 of 972 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 4 "SITE DEVELOPMENT STANDARDS", ARTICLE V. 7 "MINIMUM OFF-STREET PARKING REQUIREMENTS"; 8 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 9 AND AN EFFECTIVE DATE. 10 ii 12 WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted 13 on October 4th, 2016,recommended significant changes to the structure of the future land use 14 (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific 15 design standards; and 16 WHEREAS, the proposed amendments constitute the third revision of the LDRs, 17 following the amendments adopted on May 16, 2019; and 18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF i9 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing whereas clauses are true and correct and are now ratified 21 and confirmed by the City Commission. 22 Section 2. City of Boynton Beach Land Development Regulations, Chapter 4, 23 "Site Development Standards", Article V "Minimum Off-Street Parking Requirements" is 24 hereby amended as follows: 25 26 CHAPTER 4. SITE DEVELOPMENT STANDARDS 27 ... 28 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS 29 ... 30 Sec. 3. Special Reductions in Required Off-Street Parking. 31 ... 32 D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated 33 in accordance with Section 2 above_-aR4 Any required parking for non-residential uses shall be 34 reduced by fifty percent(50%). 35 36 37 Section 3. Each and every other provision of the Land Development Regulations S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 4 Art V)Minimum Off Street Parking Requirements -Ordinance.Docx -1- Page 879 of 972 38 not herein specifically amended, shall remain in full force and effect as originally adopted. 39 Section 4. All laws and ordinances applying to the City of Boynton Beach in 40 conflict with any provisions of this ordinance are hereby repealed. 41 Section 5. Should any section or provision of this Ordinance or any portion 42 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 43 affect the remainder of this Ordinance. 44 Section 6. Authority is hereby given to codify this Ordinance. 45 Section 7. This Ordinance shall become effective immediately. 46 FIRST READING this day of , 2019. 47 SECOND, FINAL READING AND PASSAGE this day of , 2019. 48 CITY OF BOYNTON BEACH, FLORIDA 49 50 YES NO 51 52 Mayor— Steven B. Grant 53 54 Vice Mayor—Justin Katz 55 56 Commissioner—Mack McCray 57 58 Commissioner—Christina L. Romelus 59 60 Commissioner—Ty Penserga 61 62 VOTE 63 64 ATTEST: 65 66 67 68 69 Crystal Gibson, MMC 70 City Clerk 71 72 73 74 (Corporate Seal) S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 4 Art V)Minimum Off Street Parking Requirements -Ordinance.Docx -2- Page 880 of 972 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 19-024 TO: Chair and Members Planning& Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: August 14, 2019 RE: Approve proposed code language implementing MLK Overlay and Use Matrix Revisions Part I (CDRV 19-006) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions; (2) Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services; (3) Chapter 3. Zoning, Article III. Zoning Districts and Overlays, and Article IV. Use Regulations and (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MLK Overlay, modifications to rezoning-master plan application process, corrections pertaining to Mixed-Use zoning districts and revisions to Use Matrix,Residential and Lodging. Applicant: City-initiated. EXPLANATION The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. The Plan recommended significant changes to the structure of the future land use (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific design standards. In 2017, the City Comprehensive Plan was amended accordingly, and staff embarked on a comprehensive modifications to the Land Development Regulations (LDRs). The extensive nature of these changes—they affect nearly all chapters of the LDRs—forced the revisions to be processed incrementally. The proposed amendments constitute the third revision of the LDRs, following the extensive modifications adopted on May 16, 2019. The latter included changes to zoning definitions and related site regulations, addition of two new overlays (for Cultural and Boynton Beach Boulevard districts) and changes to the existing ones (Martin Luther King Jr. Boulevard and the Urban Commercial District), as well as corrections to remove outstanding inconsistencies. The proposed amendments (see Exhibit A) are summarized below: Page 881 of 972 CRA Plan implement—Group 4 (CDRV 19-003) Memo PZ No.19-016 • Chapter 1. General Administration, Article 11. Definitions. Proposed changes include modifications to the recently approved definition of Active /Commercial Uses on Ground Floor and to definitions pertaining to different categories of lodging. The latter modifications would eliminate certain categories and simplify the remaining definitions. • Chapter 2. Land Development Process, Article IL Planning and Zoning Division Services. Proposed modifications to rezoning, master and site plan regulations for planned zoning districts are designed to create a more streamlined and flexible development process. • Chapter 3. Zoning o Article III. Zoning Districts and Overlays. Proposed changes include: ■ Corrections to the recently adopted chapter's narrative and tables containing zoning district-specific building and site regulations to eliminate overlooked discrepancies in text and tables related to urban mixed-use zoning districts. ■ Additional modifications to the Martin Luther King Jr. Boulevard Overlay, supporting anticipated redevelopment plans, including: • revised locational definition; • addition of the requirement for the Commercial Uses on The Ground Floor on the boulevard's street frontage; and • addition of a list of prohibited uses, similar to the other overlay districts. o Article IV. Use Regulations. The proposed amendments constitute the first part of the planned review of the Use Matrix(Table 3-28), covering its Residential and Lodging section and related notes.Most of the revisions focus on urban mixed-use zoning districts, aiming to bring the matrix into consistency with the changes in city's vision embedded in the redevelopment plan. • Chapter 4. Site Development Standards, Article V. Minimum Off-Street Parking Requirements. Proposed amendments would change the Martin Luther King Jr. Overlay's off- street parking requirements, allowing for a fifty percent (50%) reduction for non-residential uses only. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to continue implementing the CRA Community Redevelopment Plan and revising LDRs to support quality redevelopment and economic growth in the CRA and city- wide. Attachments S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-006 MLK Overlay and Use Matrix revisions Part I\CDRV 19-006 MLK Overlay and Use Matrix Revisions Part I Staff Report.doex -2 - Page 2 - Page 882 of 972 CHAPTER 1. GENERAL ADMINISTRATION ARTICLE II. DEFINITIONS COMMERCIAL USES ON GROUND FLOOR- se e *' „ .,,, m,Ked tise zoating dis-f-r-iets will Jses serving the general public such as retail,restaurants,bars, entertainment,personal services, and offices. 1.Ve E 4 Hft4S , may b e in e la_d-ed- addillion to the above Hses-'— ACTIVE USES ON GROUND Fi..,OOR- Resident-only sir �:�<, �lr��r���r�s s���h_as 1���;��<,�s..._gyi,ns., corrin n rclwns and HOTEL / bwlc ing clr p,2r6mon thereofoffer'r1��, ��lr�s�c rare Icicl�Fm lml - --r------ �ll� guests, wfthm access to the (LL �. __ rcic rns all.cl accessory uses s that lr ay linclude conference 6 tc1ll�fes. restaurants, liars., and _ ___________________________________._... recreatfon. fitness ai,n nitics and retail. e0t„ seeti-ed oeeidpams. B'dild..."s -1-5-ed as hotel apa—EfilemS Shall-1tave Hot HIEWe than Effle thlir-d (.P-1) of the t0tat'dfilf'S S'dites shall have a minimam gross floor-area of fivehdad—A t<ilM 4:,--f HOTEL, CONDOMINIUM im m; ,,_gym , _`- �?�rmlmc 1��F_ amrth_i��clrm �dtt al.l.v, owned condorninitan units intended to be i,nadc a nart of the hotel inventory to b rented to the miblic and ._________________________________._._._. i rad cl by �h h ��I lr alga<, at, 0 t3 f6r-Spee— 045-oki+fte less+,haH a fall year-dti'Hg aHy giveii year-btit Hot Heeessa"ly for-e6iisec-tHive years ai aeeor-daiiee w4h a fi�Eed heFeef, flime shar4.-.&- hotel shall be made w4h0tif regard to the t Page 883 of 972 MOTEL - A bid or g tip of b j1ding,_5 'I'm L�ucst At, 11-d 1 n u. ........ ..............11.......................... .....p my i d i n g I o d gj n c, dat'ons for trans' Yucsts, with n accoi, mo f fent g ........... "I'll ............... rooms accessed intik idualtv from park' xternal walkways. L. ..........Lijg esigiflie -�IK �� -f�L� -------------------------------------- �'A tfaHSjeH+ef 6V _-r ,E)t3f6v-e sleepiiig aeeeffiffi6Aff-'E)HS 4�' -efffi -tHI A�jjg shall eeHHHH a ffiHik:HHffi ght gHests. Eaeh 1 1- t-- A-- -+S Of teii (10)F-esideii+,a!Hfil -f;8E)H+S,Whieh geiier-all, I ae,ee-ss- e�c-. A40TEL APARTMENT AHy ffiE)+el --A ---fit Sid4es fef 4ffHsIeHtgHeS+IS --A A-11 0ee,dpanfS. Bd,'IA,'HgS deS,gfied as MEHel apa- I Afflefifs shall ha-�e HE)fl FREWe flim ()He fl.HF- -1 Off-e -.1 deV-E)fled f-- a-'B" S-4-S. P111-114-15-IF — 11-11 1--eFHHf AAF-f-1 V— 0E)HIS M6 (),dablo - F -fled as aeeeSSE).- SH4es shall ha-,�e a niiHiRiHni gf;ass f4eor-area of five hHHdRed (51-1-11 s-81-Hiffe -r--+ 2 Page 884 of 972 CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Sec. 2. Standard Applications B. Comprehensive Plan Amendments. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a means for amending the city's Comprehensive Plan in accordance with F.S. Chapter 163. b. Authority. The City Commission has the authority to amend the Comprehensive Plan upon compliance with the provisions of F.S. Chapter 163 and of this subsection. The City Commission has designated itself as the Local Planning Agency (LPA) for the city. c. Types of Amendments. Amendments to the Comprehensive Plan include text amendments and site-specific amendments to the future land use map (FLUM). 2. Text Amendment. A text amendment to the Comprehensive Plan shall only be initiated by the city. 3. Future Land Use Map (FLUM) Amendment. a. General. (1) The purpose of this subsection is to provide a means for changing the boundaries and/or classifications of the FLUM through site-specific amendments to the Comprehensive Plan. (2) A request for FLUM amendment f...or.1�� ��i� o C �t��� acres o fewer er shall be considered e-e,f:.small scale, based on F.S. Chapter 163.. (43') All privately initiated FLUM amendments shall be accompanied by an application to rezone to a zoning district consistent with the requested FLUM classification. See Section 2.D. below for the process by which lands are rezoned to a different zoning district. D. Rezoning, Including Master Plan. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a means for changing the zoning district boundaries or designations through site-specific amendments to the official zoning map. It is not intended to relieve particular hardships or to confer special privileges or rights to any person, but only to make necessary adjustments in response to or based upon changed conditions. b. Authority. The City Commission has the authority to amend the official zoning map upon compliance with the provisions of this subsection. c. Initiation. Amendments to the official zoning map may be proposed by the owner(or agent) of the affected land or city-initiated. d. Consistency with Future Land Use Map (FLUM) of Comprehensive Plan. No application to rezone lands may be submitted that would result in an inconsistency with the FLUM classification. See Section 2.13.3. above for the process by which to amend the FLUM classification. e. Rezoning to Planned Zoning Districts. A master plan r, of a R;f -In- - shall be required when aprivately-initiated application is made to rezone lands to a planned zoning district. Lite , lass � a�Ll� ,ti------------------------------ ztte c��ncurrentl�,j_o at_a later cute. City-initiated rezoning can proceed in advance of the master plan/site plan submittal. The master plan shall be 3 Page 885 of 972 reviewed in accordance with Section 2.D.6. below. See Section 2.17. below for additional regulations pertaining to the site plan application. 6. Master Plan. a. General. The purpose of this subsection is to set forth well-defined application processes, review criteria, and uniform procedures for the rezoning of lands to planned districts (as defined by Chapter 1, Article I1). - b. Submittal Requirements. 'xce4pt _ applicant is required to complete the rezoning application (see Section I.D. above), inert,-ling fi-a+«hi h peFt H+s t and provide all documentation required by the respective application checklist. all site plans be Sul-Mi4te A s a++1, + an fat:t4e f4f:s+phase is c. Review Criteria. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. In addition, the site plan shall be consistent with the master plan. See Section 2.17.3. below for the review criteria of a site plan. d. Approval Process. A privately-initiated request to rezone kand its accompanying master plan) require review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. _ e. Expiration. A master plan_ , shall remain valid unless the corresponding site plan expires, sir if the site pian is not qcp�t� ����t rI I ���t r� ��z t ri date of the easter iflan �pp,Lc1ygt1 In these instances the official zoning map retains the planned zoning district designation, but the property does not possess a valid development order or development permit, and no permits may be granted by the city on the subject property. The submittal and approval of anew hi;,.,,f;_H ,.h; h 0„ aaR a new or modified master plan and eeaetiff:eat site plan application as provided in Section 2.D.Le. above, shall be required in order to commence development, redevelopment, or other site improvements. f. Modification to Master Plan. Changes to master plans are either "minor" or "major" based on criteria within this section. A pre-application conference with staff is a prerequisite to filing an application for modification. The site plan must be consistent with the master plan; therefore, any request to modify a master plan may require the submittal of a concurrent request for site plan modification in accordance with Section 2.17.7. below. Staff shall consider the following factors in determining whether the proposed master plan modification is considered "major": (1) The modification increases or decreases the buildable square footage (intensity) or number of dwelling units (density) by more than five percent(5%); (2) The modification eithe,- adds at:eliminates a point of ingress and egress; (3) The modification _reduces the cumulative area of each the required or provided open spaces green s and pedestrian plazas stie h f',a+ 4 ,a;ffl;' 'shes _ the location of Uch sl as ��_or does not otherwise meet the intent of these Regulations; �� W 4 Page 886 of 972 n9 (44�) The modification alters the project so that the modified master plan does not resemble the approved master plan; (56) The modification affects or does not comply with a condition of approval of the preceding development order; and (L-7) The modification is proposed to a city-owned or operated facility and does not adversely impact adjacent properties and/or public lands. g. Major Master Plan Modification. (1) Submittal Requirements. See Section I.D. above for the submittal requirements of this application. (2) Review Criteria. The proposed master plan shall comply with the requirements of the respective zoning district of Chapter 3, Article III, and the site development standards described in Chapter 4. (3) Approval Process. An application for major master plan modification requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. (4) Expiration t a�tet_ -j1an shall rema'n.valz unless the corres11c.1 !� �zt� ��1�� ��1�ares�r�- zz the zt ,�1 z S���t acic� t cl � ztl�zs� l ��s�tl ��z tl clot ��z tlr t lin u p ro al Tiro 1:a+'18 of n MaJ nnfor plan mad' n4� (5) Miscellaneous. At the time the City Commission approves a request for a major master plan modification, any previously approved master plan, including any conditions of approval, shall be null and void. All future development shall be consistent with the master plan, as modified and approved by the City Commission, including all corresponding conditions of approval. h. Minor Master Plan Modification. (1) Submittal Requirements. The applicant shall submit a letter explaining the modification(s) along with the master plan (in the number of copies specified by the Division). The applicant shall also provide consent from the property owner to file an application for the minor master plan modification. (2) Review Criteria. The proposed master plan shall comply with the following: 1) all applicable conditions of approval of the preceding master plan; 2) requirements of the respective zoning district of Chapter 3, Article III; and 3)the site development standards described in Chapter 4. (3) Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official. Upon approval of a minor master plan modification, all future development shall be consistent with the master plan, as modified, including all previously approved conditions of approval associated with the master plan. F. Site Plan, Including Time Extension and Modifications. 8. Miscellaneous. a. Site plan review shall be required in conjunction with a master plan when rezoning lands to a planned zoning districts as provided in Section 2.D.Le. See Section 2.D.6. above for additional regulations pertaining to the rezoning process. In such instances, the site plan shall be consistent with the master plan. 5 Page 887 of 972 CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS Sec. 1. Overview. C. Non-Residential Building and Site Regulations (Table 3-2). NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID RE PU Density(dwelling units per acre): N/A N/A N/A N/A Flexibles' N/A N/A N/A N/A N/A Project Area,Minimum(acres) N/A N/A N/A N/A N/A 311 N/A 2511 N/A N/A Lot Area-pe�,Minimum(square feet): 9,000 5,000 15,000 5,000 15,000 Flexible m000 Flexible 43,560 8,000 Lot Frontage,Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth,Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Coverage,Maximum: 40% 40% 40% 40% 75% 40%10 60% 60% N/A N/A Floor-Area-Ratio(FAR),Maximum: 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50 0.50 1.00 Structure Height,Maximum(feet): 309 25 45 45 45 45 45 45 45 45 Building Setbacks,Minimum(feet)14: Front 30 30 20 25 0 40 15 30 25 2513 Rear 20 20 20' 205 206 40 203 30 25 2513 Interior side 10 15 01 155 0 30 154 20 25 1513 Corner side 10 20 r2o 155 87 30 15 30 25 1513 Building Setbacks,Minimum if abutting a residential district(feet)14: Rear 30 30 30 30 N/A N/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30 Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A Waterfront yard N/A N/A I N/A I N/A 1 88 N/A N/A I N/A N/A N/A E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE,URBAN 131-1 MU-1 MU-2 MU-3 MU-4 MU-C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A 6 Page 888 of 972 All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 150' 200 200= Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)3 45 65 75 100 150/125' Maximum Density(DUs/Acre)",iz 20 40 50 60 80 Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setback,Minimum(ft.)8 Rear abutting: Residential single-family 255/05-6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05,6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)' N/A N/A 0.5% 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. i 4:.,:.,,,,.,,a. fy C �eez, :f F.,.,��e;, v Ei..,-/I c�iicEi..,-,-...,,5.,,.,.,. 1�C'v`�'�.cl sites ➢1It1.4t._fCo_`nt o_`il._INvo`_(,!`,d inters ctino ri,,h1s-of N,,ivs ci(1C1-insist Ila, in iininternivied-�mv`l fro`m�l�I' 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five (35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction where adjacent to a single- family zoning district where necessary to achieve the compatibility requirements of these regulations.Height bonus may be granted through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one(1)additional foot for each foot of height over thirty-five(3 5)feet. 6. Where there is an intervening right-of-way of at least forty(40)feet. 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district, which determines the mini in € il,width and design of the PZ. F=xeept for-the T'^wi,*^wn T'isl+4et,, ffie minimum PZ ,, :S 7 4 .,tl4e WMkqPZ: A tt,a dis".,ts iF 7 1- F .atis c`o`il1oriseII,mof fli rtme_.cJ➢nt)o11ents.m._1.,)._i fi c.0 foot ,vide street tree <ircci, inecisi€red froin tlic Ncl< of the ci€rl�.or friti€rc ci€rb oil rocld,4 requi l���_ci rn�l�t_ f me cicclpc<ifo�:�:.....2),cm_cig1jj_�� fbot ----- Nvide side v cR. (10 foot Nide side v cR.v ien loccil d N Itlidn the Dovoilovoi District, cis defined b tlic C orilri1L8111tV Re cee1 1t......f...r_�-�froin .r_�c.l..n_....�..�........q...�.._�<� ...r._�c...f...r_ .q..�...._....�_�.-c�.._l1.�.r......n....l_�_�.f......�_t.r_pct.-i..r._�c.�......_<..ac.....�..t< l�n _�_l_(_�- foo t/ � tl N nolo ciclk c cireci, inecisured froin Clic sidcN,cdk. C'lie PZ components gnwy,:.`cir__VIl_ lac;in nt ordcr ord,,,,._JIl J1cs-N ill, conflictnil rn lft_ f f ; €ll<iflo��s__��ee Section _C.2.)�0ov,_mforciddifloticrll_r0icf�r� mnsn� ff�q r_�€mnmllcl_t�_llnti�. 7 Page 889 of 972 LcqIIi_r n;Ic_nts,,..­._See Section 5.C.2.below for additional relief provisions from build-to line requirements. 8. Locally registered historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 for additional regulations. 10. Projects within the Lac n t r n C'r<nrnwnt (7racntccl Lc, or nntDstric t 11ionArca) "is4e Fe shall have _ imm � _ minimum densities as follows:MU-1 - fiflee n(4--�I ,MU-2—twenty afi�k c(24L2� ,MU-3--thirty-fk,c(245),MU-4 -f rtY:, -five(2 ) and MU-C-sn tY{€ems(44F>4) dwellings per acre. xee�^t that fi density ^rte ,5' t t applies to-F, is boated Wit rl,:.,tl�^ tet:,- t"+: � " eea"�=rrr-s�ee" ryEzrn�carca. e e S' 11. Projects within the Uc rn t r n C'r<nrnwnt (7racntccl Lac,corm nt_Dimstmrict +ILL _`�tcntion Arca)' ". 4 - shall have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0) _ed ".4-414 the eittife-Aatfon . _Maximum FAR for MU-3 may be increased to 3.5 if abutting property with the Mixed Use High future land use classification. 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. II Mixed rnw lir eca thin urban rn'xcd rise zc nrn<, districts N i11 rnect gr c rnncl floor COMMERCIAL,RCIAl USE ------------------------------------------------------- rcf nnir fir ent hv.:�:;nclrnclii F c fr fr wrrmfmrtl nn _ r_�t,�'�h _F r rtlm tt�21.,ic sucli_as retail restaurants, bars, entertafn("nent, ��rsonal services,ices and offices Rcsf' lint .only s rying a nenrucs such as lcr9n<F� <v("i1 �C(i1(i1Cr3. roornw., and rec,reation spaces nnay he included in addition to the above uses,, but shall not fulfill the cornrnerc,ial rcf nnirernrnC 14Rewicl� ___ cnnly t�r� e tw Na'th'n MU-1, MU and MU-3 zon'nu districts located Na'thin the Federal Hfkahwav_District�and the Heart_of Boynton District, as defined by the C orr i'minity R� cvcic�)rnc ntn._Area Plan,Na.'ll me t ACTIVE IV USE rcf LJ re nent by us'no de-Jo, he attires f'ncludi11 F str��t 6rc nt�n<F tc��ss to allowresidential 5 ra:r,th thy:._street_ttt�d prct__ide—thm�_c��ctrC�n����y 6:c r interaction. Stich. feature rnay._b corn:��ined with, buddins_arneni)i.cs such as l u nuts L.vrns, cornrnon roornw, and recreation w daces o n the around floor _._. _._._. ._. . _._ ._. _._._. ._ (Ord. 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 14-009,passed 7-1-14; Am. Ord. 15-006,passed 3-2-15; Am. Ord. 16-023,passed 1-3-17; Am. Ord. 17-023,passed 9-19-17) 8 Page 890 of 972 Sec. 2. Residential Districts. H. IPUD Infill Planned Unit Development District. 3. Building and Site Regulations (Table 3-12). The following building/site regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS IPUD District Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage Flexibles Minimum perimeter yard setbacks: Front: Flexible Rear: Flexible Interior side: Flexible Corner side: Flexible Maximum lot coverage: 50% Minimum usable open space(per dwelling unit): 200 square feet Maximum structure height: 45 feet3 1 Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. Pursuant to Chapter 3,Article IV, Section 3.13.,a marina use shall require a minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feet. 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30)feet. If vegetation,screening,or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation from the respective development plan. 3 A lesser building height maybe required for compatibility with adjacent development. See Note 42 above for additional setback requirements relative to building height. 9 Page 891 of 972 Sec. 5. Mixed-Use (Urban) Districts. A. General. 3. Location and General Use Requirements. a. General. The mixed use (urban) districts are intended for projects that promote sustainable design with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The mixed use (urban) zoning districts shall be applied to selected geographic areas east of I-95, where a mixture of uses and building intensities is intended to implement the CRA Community Redevelopment Plan and urban design guidelines including goals involving compact design, transit- oriented development, employment,population, transportation, housing,public facilities, and environmental quality. Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights, densities, and intensities of development are regulated to achieve, in part, the intended vision as established within the CRA Community Redevelopment Plan for each of the six planning districts, while ensuring land use compatibility. A master plan as a whole, comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a residential component to the project, Acti eand CEommercial uses on the first floor of a proj ect. b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3). (1) In order to complement the revitalization efforts in the downtown area, these zoning districts shall be applied to lands consistent with the Comprehensive Plan Future Land Use Map and CRA Community Redevelopment Plan. See the Community Redevelopment Plan for specific recommendations on locations and boundaries. (2) These MU districts are appropriate for low-to mid-rise developments that provide for medium density residential and low to medium intensity commercial and office uses. (3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-22 in Chapter 3, Article III, Section 5.C., all new developments within the MU-1 and MU-2 districts that contain a non-residential use shall front on streets designated as "arterial", or"collector", roadways on the Functional Classification of Roadways Map. All projects within the MU-3 district proposed within the transit core must contain a residential component, and all projects proposed within these Mixed Use intensity districts that front on an arterial road must have space on the first floor devoted to Ceommercial or an -active uses. (5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district. c. Mixed Use-4 (MU-4). (1) The Mixed Use 4 (MU-4) district shall only be applied to land classified as mixed use-high (MXH) on the future land use map as recommended by the Community Redevelopment Plan. (2) The MU-4 district is appropriate for high density/intensity development intended for designated nodes. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District(the Station Area) must contain a residential component and have space on the first floor devoted to commercial uses for those portions of the project having frontage along a collector Oeea ^ven or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. 10 Page 892 of 972 d. Rezoning of single-family districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development shall be consistent with the CRA Redevelopment Plan for the applicable district;, (2) Ratio of lot frontage to depth that is no more than one (1) foot(frontage)to one and one- quarter (1.25) foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. e. Mixed Use Core (MU-C). (1) The Mixed Use C (MU-C) district shall only be applied to lands classified as mixed use- high(MX-H) on the future land use map. (2) The MU-C district is appropriate for high density/intensity development intended for the downtown area. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District(the Station Area) must contain a residential component and have space on the first floor devoted to commercial uses for those portions of the project having frontage along a collector Oeea A vee or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. f. Rezoning of single-family districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development based on the standards indicated in Table 3- 22; (2) Ratio of lot frontage to depth that is no more than one (1) foot(frontage)to one and one- quarter (1.25) foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. B. Use(s)Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Building and Site Regulations. 1. Building and Site Regulation (Table 3-22). -MIXED USE,URBAN'J4 MU-1 MU-2 MU-3 MU-4 MU-C (Overlay regulations may apply.See Section 8 below.) Lot Area,Minimum(acres): Public park: N/A N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100= 150 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)3 55 65 75 100 150/1254 Maximum Density(DUs/Acre)",12 20 40 50 60 80 Maximum F.A.R.11 2.5 3.0 3.0 4.0 4.0 Build-to-line(ft.)': 11 Page 893 of 972 All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setbacks,Minimum(ft.)': Rear abutting Residential single-family 255/05,6 255 255 255 255 Intracoastal waterway 25 25 25 25 25 Side abutting Residential single-family: 255/05,6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)' N/A N/A 0.5% 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. ReseF e a 2. 1Lry ccl sites ➢1lt-4t --Cv`Ill Oil lN�'v 1 d nlalcrrcclnla; CVss€1-- Jf cl - ------ ➢-lll4t ----- ----11------:----- ---- ll�l f------------- 3. ---- ---- 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five (35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction where adjacent to a single- family zoning district where necessary to achieve the compatibility requirements of these regulations.Maximum heights may be increased in the DTODD through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 6. Where there is an intervening right-of-way of at least forty(40)feet. 7. Buildings and structures shall be located no farther than zero(0)feet from the property line, except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone" (PZ).Building placement is a factor of roadway type and CRA district, which determines the minimum width and design of the PZ.The minimum PZ is comprised of three components: 1)a five(5) foot wide street tree area,measured from the back of the curb,or future curb on roads requiring a right-of-way dedication,2) an eight 8 foot wide sidewalk l4I f � Nvide side,c l< v ien lloccilcd v alliin llic Dov ilov i Distract cies defined b lltc C c lr fr tali l ly 1�� lc r lr� ;i l Area Phil), free from obstructions,measured from the centerline of street trees,and 3)an eight(8)foot wide active area,measured from the sidewalk.The PZ components may vary in placement order only on sites with conflicting right-of-way regulations. See Section 5.C.2.below for additional relief provisions from build-to line requirements. 8. Listed eligible historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 for additional regulations. 10. Projects within the Lac lel« as C r<a t nl (7racaatccl Lac,0or)inc at_Dnmstmricl +ll;l _`�lcatnofi-Arca) ^is4-e Fe shall have minimum densities as follows:MU-1 - ffflee n(154),MU-2--twenty-ft,,,� (%'524),MU-3-_thirty aft,,c(3.._ ),MU-4 - fbrl fr,-: ..*� (45x)and MU-C rnxt o4y 0;049)dwellings per acren�xse tat A--s4- f�z,� ,d' t t lines t.. r� t..r.,rn,d. ,:r1 14 the t;fe i—I.., \ ai_rrY;et applies located wif rn�c circrr�acmzv rirccirr 11. Projects within the Lac lel« as C r<a t nl (7racaatccl Lac,c ortgll�lat_Dnmstmricl +ll;l _5lcitnoll-Arca) ^„s:,eoFe shall have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0). lexeept that fn� R+ +A 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program.... 12 Page 894 of 972 13, Mixed use i)ro'ects Nv'th'n. urban i,n'xcd use zon'n. districts Ny'l rn cc gr --------------------L L-------------------------------j-------------------------------------j ICI-Jj------------------- L C -g�L -------I—................. j1,mc2LL,CQMMERCIAL., USE ..................................................................... requir ment by incl ding commercfal uses servfng the g, cn-c..ral p�4l�11111"fcsllltllilllc'llhallsr'leCa!,I,restaurants-., bars-., ........................ int ertafnment, personal services, and offices. Resident-:onlry scrying-amenitics-such-as gyms, common ------------------------------------------ rooms, n and recreatfosi)aces may be included in. addition to the above uses, but shall not fulfill the commercial LeUu i rern c n...t. .................. .. 14. Reef dcntf'al-onlv i)roiccts wrthin MU-1, MU-2, and MU-3 zoning 1, f f ------------------------------------------------------------------------------------------- _,�Ijstr'cts located Nv'th'n the Federal _J­--------------- .................................................................................................... Hfkahwav District anc the Heart of Bovi-iton. District, as defined bv the Commun'ty f f _jedevelo j2ment Area Plan, NaNy'll ............................................. ............................................................... meet ACTIVE US �Erc� _t_d.,rcm_cn-t--b'v usf'nLF deskan r�sc to cnggcNy C th the street and provide-th -,o pi ty fb)r interaction. Stich featum res ay be combined wrth ------------- buildin<L, amenitics such as lC19o C,Vii1 and recreati .paccs on the gro.ui'id floor 13 Page 895 of 972 Sec. 8. Overlay Zones A. Martin Luther King Jr. Boulevard Overlay 1. Intent. This overlay identifies a segment of the Martin Luther King Jr. Boulevard as an opportunity for redevelopment and revitalization. The ultimate design and site standards of this section are intended to create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance,potted landscaping, store windows and public open spaces. This overlay is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed use zoning district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed use zoning district. All development within the Martin Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Jr. Boulevard Overlay (MLKBO) is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of the railroad right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and develope as a unified project= Also included in the Overlay are the ,IgEcels with commercial ter derlrjing, o s�im?, located bets een NE ' Aven e and 3. Use(sred on asset f onto.? o M1.K Jr, Boulevard= Lf Allowed. (See 14se Ma A+4ele R', See+6en a, gees shall be deters ined by the unde��ing ��ts�zs�L>: district see "Use Matrix Table :3...23=� in Q'ia� ter ,' _A t'cl `J_Section _) Vim) wit].r the xc���t.zon o the fol„l -11” ngzprohibited users ) 1li .__ zng,l .-.--fash'1 det ched) Dwelling Automobile Rental utomotiv e Maj_c1 ljg aiir Automotive N4'no �az� At�tc�/Car Wash__Self... serve Bay Auto Dealer, New.. Auto:)eale mmUsed Auto/Car\Yash (Polishing__� '��zs�g l.)etaiIin .�. Automotive \V1ndow 'F1nt1m/ tereo lrstallation/Alarms --------------------------------------------- 1:)ri ...tl rt facilities Gasoline Station Grot) homes 'Fvpe 1,m , 111, `J __and m Adult entertainment b, Ann other atitoi,n-o pile orient-ed rises roc-t listed abov ars l)rc)lizl)ited. 1 ,� <<autoi-nobs'-e o ient d use" sl a-- e �4���'st-ued a a usinLLU w sic ", ,a � ; fji'C iD l ..o servicing ars at�t��mobil� �"�c r��z�t� c f� l�t�zldzr�o t�j � o featUre which is clz >:rcl zstt lzlt clz ...tt zzlztzes. c_ 1 zv w orlr_units_are erinitt c ljILLl �1,y sett ftont MI KJ r,--B oil Iy arcl arc coo- not revIac e th d. Additionally, roc l 1!.LN exz�tzr��, use Tall be deemed non con rini aa e alt r z tlie M1., 130 regg!ations, 14 Page 896 of 972 i 4. Building and Site Regulations. Development within this overlay shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: a. Parcels that have frontage along Martin Luther King Jr. Boulevard_ eac estBoulevard,_or NE Street shall provide for the required "Pedestrian Zone" (PZ). The minimum PZ is comprised of three components: 1) a five (5) foot wide street tree area, measured from the back of the curb, or future curb on roads requiring a right-of-way dedication, 2) an eight(8) foot wide sidewalk, free from obstructions, measured from the centerline of street trees, and 3) an EL L eight+8*foot wide active area, measured from the sidewalk. The PZ components may vary in placement order only on sites with conflicting right-of-way regulations. See Section 5.C.2. below for additional relief provisions from build-to line requirements. b. Notwithstanding the required build-to line and pedestrian zone requirements,portions of buildings and structures may be constructed in excess of the distance specified above, but not to exceed 15 feet when necessary to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; and/or 4)to otherwise enhance public spaces such as sidewalks,plazas, fountains, or outdoor seating areas in order to further the purpose and intent of the Overlay. Major deviations from the build-to line requirement above (in excess of 15 feet) may be allowed, but only with sufficient justification and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section 43). c. Minimum interior ,i_ -ate corner sidegnc_rear setbacks and set k-s shall be in accordance with the Mixed Use 1 zoning district(see Section S.C. above). d. Maximum building height shall be shall be its accordance with the Mixed iise i zoning district t,ee Section Buildings fronting Martin Luther King Jr. Boulevard shall be a maximum of thirty-five (35) feet consistent for a depth of ten (10) feet. e. Minimum building height shall be thirty (30) feet. 5. Parking. As required by Chapter 4, Article V, Section 3.D. 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.B.5. C. Cultural District Overlay 4. Uses. z4e4-,�e-ECommercial iJtfses on Ground Floor shall be required on the street frontage of Ocean Avenue. D. Boynton Beach Boulevard Overlay (BBBO) 4. Uses: z4e4-,�e-cCommercial [inses on Ground Floor shall be required on the street frontage of Boynton Beach Boulevard. 15 Page 897 of 972 ARTICLE IV. USE REGULATIONS Sec. 3. Use Regulations. D. Use Matrix (Table 3-28). P Permitted Residential Commercial Mixed-Use Indus Misc C Conditional A Accessory t-rial RESIDENTIAL&LODGING Accessory Dwelling P P P P P P P P Unit 36 36 36 36 36 36 44 44 36 36 Bed&Breakfast C C C C C C C 37 37 37 37 37 37 37 Dwelling, Single- P P P P P P P P P In P 4 4 family(detached) 44 44 44 44 44 4-4 4 4 4-9 34 .24 24 4 4-4 14 4 Dwelling,Two- P P P P P 4 g 6 g P P P P C 4 4 family(duplex) 44 4-4 4 4 4S 44 34 34 34 4 4 4 4 .24 24 4 4-4 R 49 14 4 �4 Dwelling,Multi- P P P P 4 ILL 6 ILL P P P P 4 4 P 4 4 family(ii i7,lii 4-4 14 14 4S 34 34 34 34 44 34 34 4 27 -24 24 4 44 A A 6 6 6 Dwelling Units in 4 4 P P P P P P P P 4 4 Mixed Use Buildings 4-9 4-9 44 44 44 44 44 6 6 27 44 4-4 4-4 6 6 6 4 4 14 14 4 �4 �4 Group Home Type 1 P P P P P P (2 per room up to 10 40 40 40 40 40 40 residents,limited service) Group Home Type 2 P C C C (2 per room up to 14 14 40 40 40 residents,limited 40 service) Group Home Type 3 C C C C C P P C C C C (comprehensive 14 14 40 40 40 40 40 40 40 40 40 service) 40 40 Hotel&Motel P P P P C C C C P P P 41 41 41 41 41 41 41 41 41 41 41 (x (x (x (x (x (x (x (x (x (x (x (x (x (x of i. C),t atom i- Live-Work Units P PP P P P P 42 42 42 42 42 42 27 Manufactured Home P 3� 4 4 4 4 PILL g g g g g g g 4 4 4 -1-4 14 14 49 -,4 14 14 14 14 14 —r 44 =14 �4 16 Page 898 of 972 6. General Note. This rise is subiect to ..reatifreents of Commercial/ Active uses on Ground ............. m Floor.For- d.E)Se pr-ejeefls W.R. Ir-ofiflage on m. ar-f"._ —0, 1...S nSe I'S allowed as apfffflitfled nSe '4�f - he gr-Onfid f400r- fFonfling the ar-fe-;al 'is deV-Ofled to of9ee or- e6fidlif"Ofial nSe appfaVal Shall be feEttnfeA a. Mixed-use Drolects within. tn�ban i,n'fxc,d,-,ti,s,c,-,z,o,n,'f,�ic, districts w'll mect the rc( tdrement for the ­..................................................................... ----------j-------------------------- Commercial Uses on Ground Floor by such as retail, restaurants, bars, entertaimnient, personal services, and office. b� Res'fcL]c�i.ti.zil.,-c)nl.,vj.)ro'ects Nv'thin MU-1, MU-2 and MU-3 zonf'!],c, s I f I f tr'-c-ts--Io-catc-d--,N�'thf�i. the Federal HiLhwav District and the Heart of Boynton District (as defined by the CRA ......---------------------------------------------------------------------- ----------------------- Coi,ni,nin'ftv-RcdcN-elL�L)i.,i.icn.t Plan) Nvill insect the rcqL�ircmcnt for the Active Uses on Gromd ------------------ .......................................................................................................................... F I o o r b v u.Jjjg sic'n feawres. ------------------------ 20. Reserved. General Note. This nse is allowed as an aeeessef- a an &W fid Gaffl 'd loeated w4hin the Oeeaft AVefilde Over-la-Y Zone. 38. Reserved. Dwelling, T-vN-,E) Family ITldpk-x+ d,.'Sf,-;ef FegHl"ORS. See Chapter- �, A.4"'ele 4al, Seetie 1--E- 39. Reserved. Dwelling, Mill-i Family. a. G-3 distffl'ef and PGP A mnif" A--fl— J-11 --j- _41, j- D 'I See Chapter.....9.; Af+iele 4al, Seetion-2-42- 41. Hotel & Motel (includes 44oti4q+te-, Extended-stay, Apar-tfflent" T-iffieshar-e Apar-tffient). a. G.3 Dist_-;ef. Timeshare hotel Shall e0fflply With R 3 distr-iet r-egni-aftiORS. BOH"EIde hotels "e hotels and fliffleShar-e hotels are not listed as pffffliflfed b. G 4 Dist.-ef. BE)df' HSeS. C. GBP Die at 110 4-1, . f'. IF et. TiRieshar-e apar-tfflents W.,h R ++_A F,.... e--a. SMU District. Hotels require conditional use approval. Apa.-Iffl­ M.- ......STI_Xe aparEffiefitS are not listed as per-ffi4ted ases. Motels are prohibited uses. R). MU-1 District, MU-2 District, and MU-3 District. and MU 4�s�. LIotcls_rcqj6.rc f, conditional rise z .... 14--flelS are 110f,listed as PeFffl4fled 'dSeS. BOH-Etne f-ho1, -A I ccii Motels are prohibited uses. g. MU-4 District and MU-C District. BE)df"EtdehE)felS FeEtidlir-e HS-1- ­­­1 -.11-A­­f FF.-�- be infegr-ed 4no F e "I e-e -p- e e eee f —, --af/'Itlo/ +he gross I oer-area of the eft-_ A-­I­ I.., - I.-Finent. Apa.-'ffient hotels and tiffieshar-e apar-tfflents are not listed -8-- -'e-n-Hitted ases. Motels are prohibited uses. h. PID district. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Hotel (H) land use option. 17 Page 899 of 972 CHAPTER 4. SITE DEVELOPMENT STANDARDS ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 3. Special Reductions in Required Off-Street Parking. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above-ate Any �=���mfred l arl in _m �_[C9,_m �_wic z�mii l_uses shall be reduced by fifty percent(50%). S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-006 MLK Overlay and Use Matrix revisions Part I\EditsAndWK 8.12.19-PostJIM.docx 18 Page 900 of 972 8.C. PUBLIC HEARING 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO.19-034- FIRST READING -Approving efficiency improvements to the Site Plan Review Process (CDRV 19-007) through amendments to the LAND DEVELOPMENT REGULATIONS Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services, Section 2. F. Site Plan, I ncluding Time Extension and Modifications that begin implementing staff recommendations from the internal review of the City's development review process. Applicant: City-initiated. EXPLANATION OF REQUEST: In part to address customer service issues, staff commenced a comprehensive review of the City's development review process with the objective of improving efficiency, customer service and the image of the Department's operation. This effort began in May, 2019 and recommendations for improvement will be presented in phases as the evaluation project progresses. The first round of changes are designed to make the site plan process more streamlined and efficient by allowing staff to grant administrative approval for more types of applications. The changes include: • General:revisions to categories of applications to be exempted from site plan review. • For new site plans: • Proposed criteria for identifying"major" site plan applications; • Revisions to the "Expiration" criteria to be applied to major site plans; and • Proposed new section for the"minor"site plan process. • For modifications to site plans: revisions to the thresholds for determining "major" site plan applications. The magnitude of reduction in review time varies by project type and size; however, processing time could be reduced by up to 3 months by reviewing an application administratively instead of through the full site plan review process. Projects that also require for example, the conditional use or variance processes (which require public hearings), would not be eligible for"minor" (e.g. administrative)processing. The Planning & Development Board, at their August 27, 2019 meeting, recommended approval of the proposed code amendments, with the suggestion that staff consider the topic of public awareness of administrative reviews. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on either programs or services FISCAL IMPACT: No fiscal impact ALTERNATIVES: None recommended Page 901 of 972 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending Site Plan Review process D Staff Report Staff report D Amendment EXHIBITA. LDRAmendments Page 902 of 972 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 2 "LAND DEVELOPMENT PROCESS", ARTICLE II. 7 "PLANNING AND ZONING DIVISION SERVICES", SECTION 2. F. 8 "SITE PLAN, INCLUDING TIME EXTENSION AND 9 MODIFICATIONS" THAT BEGIN IMPLEMENTING STAFF 10 RECOMMENDATIONS FROM THE INTERNAL REVIEW OF THE I i CITY'S DEVELOPMENT REVIEW PROCESS; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS,the staff commenced a comprehensive review of the City's development 17 review process with the objective of improving efficiency, customer service and the image of 18 the Department's operation. This effort began in May, 2019 and recommendations for 19 improvement will be presented in phases as the evaluation project progresses; and 20 WHEREAS, the first round of changes are designed to make the site plan process 21 more streamlined and efficient by allowing staff to grant administrative approval for more 22 types of applications; and 23 WHEREAS, the magnitude of reduction in review time varies by project type and 24 size; however, processing time could be reduced by up to 3 months by reviewing an 25 application administratively instead of through the full site plan review process. 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing whereas clauses are true and correct and are now ratified 29 and confirmed by the City Commission. 30 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, 31 "Land Development Process", Article 11 "Planning and Zoning Division Services", Sec. 2F 32 "Site Plan, Including Time Extension and Modifications" is hereby amended as follows: S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -1- Page 903 of 972 33 Sec. 2. Standard Applications 34 F. Site Plan, Including Time Extension and Modifications. 35 1. General. 36 _ a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures,well- 37 defined application processes, and information to guide the review of site plan submittals. The 38 applicant shall schedule a pre-application conference with staff and bring the proposed site plans 39 40 that Ettialify 41 Tl f nils .,,,8\ and Meets tL t t f'rL :t, r 1,,,:1 1:lag :t: t:., 42 - b. Applicability. New site plans are either"minor" or"major"based on criteria within this 43 section. The following applications shall be considered "major": 44 45 46 , 47 48 ; 49 Fefflodelifig, .,4eF tiO Mod"f t: 50 51 52 A.�e1 V See 53 (1) Site plans containing more than ten(10)new multifamily dwelling units7 54 (2) Site plans for new non-residential structures over 15,000 square feet; 55 (3) Site plans requiring an application for Conditional Use, 56 (4) Site plans requiring a relief application; and 57 Site plans for city-owned or operated facilities that causes a significant impact to 58 abutting and adjacent properties, as determined by the Planning &Zoning 59 Administrator. 60 c. Exemptions. The following work shall not be required to undergo site plan review as 61 required by this chapter: 62 (1) The construction of a single-family home or a duplex; 63 , 64 ; 65 , 'fistalla-'Off Of fife alafffiS; Of 67 16, VO idfitff life Safety 68 of DeVelopffleat OF DjFeetoF Of 121a--,'- A 7-_ 69 (2) Internal modifications to a structure including plumbing, electrical, and mechanical with 70 no effect to the exterior of the structure, S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -2- Page 904 of 972 71 (3) Any modification of an existing structure that does not increase the total size of the 72 structure and does not change the building footprint; 73 (4) Addition of awnings, canopies, or ornamental structures, 74 (5)Pools,including redesign and relocation, 75 (6) Other minor structural additions or alterations, includingstairs,airs,porches, terraces, 76 fencing, etc., 77 (7) Garages and accessory structures in residential districts, 78 (8)New structures and additions to existing structures of fewer than 1,000 gross square feet 79 in non-residential zoning districts, 80 (9) Any modification of, or addition to an existing site necessar} to implement a Corrective 81 Action Plan and/or the City's Chronic Nuisance Property Code (See Part IL Code of 82 Ordinances, Chapter 15). 83 — 84 d,............. Site Plan Review. No"W.-s tan-ing eonip4anee with the eo*e--HFFe*ey Fetn"'a-s 85 , the DiFeetoF of Planning and Zoning OF A------- the 86 FeEtaiFemeaft f r site plan Feviewsed apon all of ft e fallowing faetsrT 8711� IrI he , 88 89 , a4efa-i on, of fed eve lopffient does-o'Fee effie-rteii,e�e-ve4iele 90 aeeess to the knidni-_ 91 92 nrr n4, 04 r.,pi ing 93 i ' 94 FeN4ew in 4-_ 95 96 , 98 2. Major Site Plan 99 a-2. Submittal Requirements. See Section I.D. above for the submittal requirements of this 100 application. 101 b-3. Review Criteria. The site plan shall comply with the following: 1)requirements of the 102 respective zoning district regulations of Chapter 3 Article III and;2) Ssite Ddevelopment Sstandards 103 described in Chapter 4, Article XIL; 104 gFeen e eklist. See Section 2.D.6.c. above for additional regulations regarding the requirement that 105 the site plan be consistent with the master plan when rezoning lands to a planned zoning district. 106 c.4. Approval Process. An application for site plan approval requires review by the City 107 Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. 1108 d4. Expiration. S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -3- Page 905 of 972 1 109 Ll)#-. General. Upon approval of a site plan by the City Commission,the applicant shall have 110 eighteen(18) months to secure a building permit from the Development Department. 111 112 .11 aeeef4afiee with 113 'Table .2 2. 114 �1-) Table 22, XT,,...i.,,,, -r Dwelling Units m;...., .,..;n,A 40,000 c n n n00--f- 115 116 117 118 119 , 120 ,,.-d,,., e with Seetieff 121 Q-e- Null and Void. All previous approvals shall be null and void if the applicant is unable to 122 secure a building permit within the above timeframes. For the purposes of this section,minor 123 permits issued by the Departments of Development or Public Works (e.g. clearing and grubbing; 124 walls and fences; docks, land development;utilities; etc.) shall not constitute the type of permit 125 necessary to extend the life of a development order for site plan review purposes. 126 e.6- Time Extension. 127 L1,)a- General. An applicant may request to extend the approval of a site plan for an additional 128 time period,not to exceed eighteen(18) months,provided that such request for extension is filed 129 prior to the date of the expiration of the original eighteen (18)-month period. For the purposes of the 130 subsection, a"site plan" shall be construed to include either a new site plan or a major site plan 131 modification. There is no limit to the number of extensions that may be requested. 1 132 Qb-. Submittal Requirements. See Section I.D. above for the submittal requirements of this 133 application. 1 134 Review Criteria. The site plan time extension shall comply with the requirements of the 135 respective zoning district regulations of Chapter 3, Article III and site development standards 136 described in Chapter 4. In addition, the following information shall be used to justify an application 137 for site plan time extension: 1138 A.�} Are there any recently adopted amendments to the Comprehensive Plan, 139 redevelopment plans, or Land Development Regulations that would cause the approved site 140 plan in its current configuration to become noncompliant? 1 141 B.(-} In determining good faith, some factors to be considered are the following: 1) the 142 extent to which a land development permit(if applicable)has been applied for by the 143 applicant and/or approved by the Engineering Division; 2)when construction approved by 144 such land development permit has occurred(construction which is commenced immediately 145 preceding expiration generally indicating a lack of good faith); 3) the extent to which there 146 has been a bona fide continuous effort to develop but because of circumstances beyond the S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -4- Page 906 of 972 147 control of the applicant,it was not possible to meet the time limitation; and 4) the applicant 148 has applied for or secured any building permits, or other types of permits from external 149 agencies,including anticipated dates for the issuance of the aforementioned permits? 150 C.04 Has the applicant paid any impact fees,including utilities or art in public places? 151 D.(4) Does the site plan comply with the concurrency requirements and of Palm Beach 152 County and the city's Land Development Regulations? 1 153 E.(-54 Other pertinent information can the applicant provide that would justify the request 154 for site plan time extension? 155 L4, . Approval Process. An application for site plan time extension requires review by the 156 City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. 1 157 Expiration. Upon approval of site plan time extension by the City Commission, the 158 applicant shall have the time approved by the City Commission to secure a building permit from the 159 Development Department. All previous approvals shall become null and void if the applicant is 160 unable to secure a building permit within the above timeframe. 161 t�)� Extension. The applicant may file a subsequent request for site plan time extension 162 beyond that of the original extension; however, each subsequent request for site plan time extension 163 shall be valid for a time period not to exceed one (1)year. Each subsequent request for site plan time 164 extension shall be filed prior to the expiration date of the preceding site plan time extension period. 165 LDg- Miscellaneous. The original conditions of approval of the site plan are still applicable 166 and must be addressed,unless otherwise approved by the City Commission. In granting such 167 extensions the City Commission may require modification to or impose additional conditions of 168 approval to the site plan. 169 170 3. Minor Site Plan 171 a. Submittal Requirements. See Section I.D. above for the submittal requirements of this 172 application. 173 b. Review Criteria. The site plan shall comply with the following)requirements of the 174 respective zoning district regulations of Chapter 3, Article III and 2) Site Development Standards 175 described in Chapter 4, Article XII. See Section 2.D.6.c. for additional regulations regarding the 176 requirement that the site plan be consistent with the master plan when rezoning lands to a planned 177 zoning district. 178 c. Approval Process. The application shall be reviewed by staff and action will be taken by the 179 appropriate administrative official. 180 d. . Expiration. 181 (1) General. Applicant shall have eighteen(18) months to secure abuilding permit from the 182 Development Department. 183 (2)Null and Void. All previous approvals shall be null and void if the applicant is unable to 184 secure a building permit within the above timeframes. For the purposes of this section,minor 185 permits issued by the Departments of Development or Public Works (e.g. clearing and 186 grubbing, walls and fences, docks, land development,utilities, etc.) shall not constitute the S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -5- Page 907 of 972 187 tune of permit necessary to extend the life of a development order for site plan review 188 purposes. 189 e. Time Extension 190 (1) General. An applicant may request to extend the approval of a site plan for an additional 191 time period,not to exceed eighteen(18) months,provided that such request for extension is filed 192 prior to the date of the expiration of the original eighteen(18)-month period. For the purposes of the 193 subsection, a"site plan" shall be construed to mean a minor site plan. There is no limit to the 194 number of extensions that ma.. b�quested. 195 (2) Submittal Requirements. See Section I.D. above for the submittal requirements of this 196 application. 197 (3) Review Criteria. The site plan time extension shall comply with the requirements of the 198 respective zoning district regulations of Chapter 3, Article III and site development standards 199 described in Chapter 4. In addition, the following information shall be used to justify an application 200 for site plan time extension: 201 A. Are there any recently pted amendments to the Comprehensive Plan,redevelopment 202 plans, or Land Development Regulations that would cause the approved site plan in its 203 current configuration to become noncompliant? 204 B. In determining good faith, some factors to be considered are the following: 1)the 205 extent to which a land development permit(if applicable)has been applied for by the 206 applicant and/or approved by the Engineering Division, 2)when construction approved by 207 such land development permit has occurred(construction which is commenced immediately 208 preceding expirationeg nerally indicating a lack of good faith), 3) the extent to which there 209 has been a bona fide continuous effort to develop but because of circumstances beyond the 210 control of the applicant,it was not possible to meet the time limitation, and 4) the applicant 211 has applied for or secured any building permits, or other types of permits from external 212 agencies,including anticipated dates for the issuance of the aforementioned permits? 213 C. Has the applicant paid any pact fees,including utilities or art in public places? 214 D. Does the site plan comply with the concurrency requirements and of Palm Beach 215 County and the city's Land Development Regulations? 216 E. Other pertinent information can the applicant provide that would justi . the request for 217 site plan time extension? 218 (4) Approval Process. An application for site plan time extension requires review by the 219 Planning &Zoning Administrator. 220 (5) Expiration. Upon approval of site plan time extension the applicant shall have the time 221 approved by the Planning&Zoning Administrator to secure a buildings permit from the Development 222 Department. All previous approvals shall become null and void if the applicant is unable to secure a 223 buildingpermit within the above timeframe. 224 (6) Extension. The applicant may file a subsequent request for site plan time extension beyond 225 that of the original extension,however, each subsequent request for site plan time extension shall be 226 valid for a time period not to exceed one (1)year. Each subsequent request for site plan time 227 extension shall be filed prior to the expiration date of the preceding site plan time extension period. 228 (7) Miscellaneous. The original conditions of approval of the site plan are still applicable and 229 must be addressed,unless otherwise approved by the Planning &Zoning Administrator. Inrg anting S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -6- Page 908 of 972 230 such extensions staff may require modifications to or impose additional conditions of approval to the 231 site plan. 232 4-7. Modification to Site Plan. 233 - a. General. An applicant may request to modify an approved site plan. Changes to site plans 234 are either"minor" or"major"based on criteria within this section. The applicant shall schedule a 235 pre-application conference with staff and king the 3FE)13o8es4e plan and any ,+'l^r^rreeted Plan OF 236 to facilitate a preliminary review of the Site Plan. Site Plan Modifications 237 shall be 238 .,,odd",^.,4;^„ is considered"major" if any of the following apply: 239 (1) The modification increases the buildable square footage of the development by more 240 than 15,000 square feet or twenty -percent(204%),whichever isrg eater; the threshold 241 increases to twenty-fives percent(254-0%)if the project is certified by a third-partyrgreen 242 certification process. eansideFed ^ sastainable d lopmat and Meets the :ri4 at of the eit 's 243 gFeen i,aildin a.:4ia4iy 244 245 of t3aFkiT-T&- 246 247 (24) The modification causes the development to be below the development standard for 248 the zoning district in which it is located or any other applicable standard in the Land 249 Development Regulations. 1 250 (34) The modification has an adverse effect on adjacent or nearby property or reduces 251 required physical buffers, such as fences, trees, or hedges. 1252 (4-5) The modification adversely affects the elevation design of the structure or reduces the 253 overall design of the structure below the standards stated in the community design plan. 1 254 (56) The modified development does not meets the concurrency requirements of the 255 Boynton Beach Comprehensive Plan. 256 ( :;) The modification alters the project so that the modified site plan does not reasonably 257 resemble the approved site plan. 1258 (7-9) The modification affects or does not comply with a condition of approval of the 259 development order. 260 (8Jg) The modification s r ^r^�to a city-owned or operated facility causes a 261 significant impact to abutting and adjacent properties_ 262 S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -7- Page 909 of 972 263 b. Major Modification. 264 (1) Submittal Requirements. See Section I.D. above for the submittal requirements of this 265 application. 266 (2) Review Criteria. The proposed major site plan modification shall comply with the 267 requirements of the respective zoning district regulations of Chapter 3, Article III and site 268 development standards described in Chapter 4. 269 (3) Approval Process. An application for major site plan modification requires review by 270 the City Commission and shall be processed in accordance with Chapter 2, Article I. Section 3. 271 (4) Expiration. Upon approval of a major site plan modification by the City Commission, 272 the applicant shall have eighteen(18) months to secure a building permit from the Development 273 Department. All previous approvals shall be null and void if applicant is unable to secure a building 274 permit within the above timeframe. 275 For the purposes of this section, minor permits issued by the Departments of Development or 276 Public Works (e.g. clearing and grubbing; walls and fences; docks, land development;utilities; etc.) 277 shall not constitute the type of permit necessary to extend the life of a development order for a major 278 site plan modification. 279 (5) Extension. An applicant may request to extend the approval of a major site plan 280 modification for a time period not to exceed eighteen(18) months,provided that such request for 281 extension is filed prior to the date of the expiration of the original eighteen(18)-month period. The 282 request shall be processed in accordance with Section 2.F.6. above. 283 (6) Miscellaneous. At the time the City Commission approves a request for a major site 284 plan modification, any previously approved site plan,including any conditions for approval, shall be 285 null and void. All future development shall be consistent with the master site plan, as modified and 286 approved by the City Commission, including all corresponding conditions of approval. 287 c. Minor Modification. 288 (1) Submittal Requirements. The applicant shall submit a letter explaining the 289 modification(s) along with the affected plans and exhibits (in the number of copies specified by the 290 Division). The applicant shall also provide consent from the property owner to file an application for 291 the minor site plan modification. 292 (2) Review Criteria. The proposed minor site plan modification shall comply with the 293 requirements of the respective zoning district regulations of Chapter 3, Article III and site 294 development standards described in Chapter 4. 295 (3) Approval Process. The application shall be reviewed by staff and action will be taken by 296 the appropriate administrative official. Upon approval of a minor site plan modification, all future 297 development shall be consistent with the site plan, as modified,including all previously approved 298 conditions of approval associated with the site plan. 299 300 301 302 Section 3. Each and every other provision of the Land Development Regulations 303 not herein specifically amended, shall remain in full force and effect as originally adopted. S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -8- Page 910 of 972 304 Section 4. All laws and ordinances applying to the City of Boynton Beach in 305 conflict with any provisions of this ordinance are hereby repealed. 306 Section 5. Should any section or provision of this Ordinance or any portion 307 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 308 affect the remainder of this Ordinance. 309 Section 6. Authority is hereby given to codify this Ordinance. 310 Section 7. This Ordinance shall become effective immediately. 311 FIRST READING this day of , 2019. 312 SECOND, FINAL READING AND PASSAGE this day of , 2019. 313 CITY OF BOYNTON BEACH, FLORIDA 314 315 YES NO 316 317 Mayor— Steven B. Grant 318 319 Vice Mayor—Justin Katz 320 321 Commissioner—Mack McCray 322 323 Commissioner—Christina L. Romelus 324 325 Commissioner—Ty Penserga 326 327 VOTE 328 329 ATTEST: 330 331 332 333 334 Crystal Gibson, MMC 335 City Clerk 336 337 338 339 (Corporate Seal) S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -9- Page 911 of 972 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 19-026 TO: Chair and Members Planning& Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: August 20, 2019 RE: Approve proposed code language implementing revisions to the site plan process (CDRV 19-007) - Amending the LAND DEVELOPMENT REGULATIONS Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services, Section 2. F. Site Plan, Including Time Extension and Modifications. Applicant: City-initiated. EXPLANATION The proposed changes are designed to make the site plan process more streamlined and effcient by allowing staff to grant administative approval for more types of applications. The changes include: • General: revisions to categories of applications to be exempted from site plan review • For new site plans: o Proposed criteria for"major" site plan applications; o Revisions of the "Expiration" criteria to be applied to major site plans; and o Proposed new section for the"minor" site plan process. • For modifications to site plans: revision of the thresholds for a modification to be classified as "major." CONCLUSION/RECOMMENDATION Staff proposes these code amendments as a continuation of the LDRs' assessment aimed to improve and modernize the development review processe in support of quality redevelopment and economic growth in the City. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODEREVIEW\CDRV 19-007 Site Plan Process\CDRV 19-007 Site Plan Process Staff Report.docx Page 912 of 972 CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE 11. PLANNING AND ZONING DIVISION SERVICES Sec. 2. Standard Applications F. Site Plan, Including Time Extension and Modifications. 1. General. a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures,well-defined application processes, and information to guide the review of site plan submittals. Th ) 'can sha sch ap I I �,C �IIJJ-------------t-------------1.1-------------c-dud-c aJ?1�---_-pJicatf'on .................... conference Nvith staffand bring e--thc) �s� sit.e P , 4 is als- A­ -------- pj_4,?�!- _.......... and expedited FeVieW Pr-E)eeSSeS fOr-f,hE)Se deVelOpfflellf'S f _rY Iflable development'as defined by Ell ft"Eta a!'.F' as a sa stal, I- TT, n 'fians' and meefs f f efia., I I dle ,fiflefill of he ef,"s gFeen baildiaix,�6­ives. b. Applicability. NeNy sits It ns are either"minor" or"ma or" based on criteria Nyrthin this section. The followinQ� ------------------------------------------------------------------------------------------------------------- ?p �Id lig per-ftiits shall be .JJcat'ons shall be considered 'rri­'or": NT_ ............!------------------------------------------------------ m,, 41------ 1—A- - aftef the t3lcffi has beeft aptff-E),C6 �y -, 1141y. T41e f6116-1-5 11-11 —1--d t6ldfider-gE) Site t3lffft fe'HeW as Fefttt4ed, by t I A 11 �11 HeW f- —A 1-Falld flaar-area, 'he ase Of a StFde-Iffe,­0�ge the Oeeiipafley Of a b'diddifig-.1 dens sf—f--, fl-f --f-fl-RE)fle hdadreA I I 11Q� Sftffafe feet as—F.-Ovided fe li the Stipplem—_1 T)_-1 A.-Jele V, See+leff--i- (1_) Si'Cci)-l-a-n--s---c-o-n--t-a_.i..n....1.._ --m----o--r--c--than----t-en---(--1-(i---)---n-e-w-----m- u-l--ff-,�--a---m- i'J. vchvelling_ i,.n..i..t..s., Lz_) Siti)-l-a-n--s---f-o--r--n--e--- n--o-nr--e---s--i--d----e----n---t-a-1--strl------c- tu-r--e----s- ov-----r---1--5I,0-0-)_0 s u-a-r-c feet, (3 Site 1.1 nS_rcqL�j c, n )r Conditional Use, .Jicat'on fc ...... ...........!------------------------------------- --------------------------- (4) Site pjans_rcqL�j Li_Ljc, rejef app f , and f� 514 a lane s for cf'ty-own cd or o j j cd facilitics that causes sUgp,.Jficant imi)act to abutting and adjacent ---------------------------------------J------- ------------------------------------------------------- _------------------------------------------------------------------------- p.Lg.p.�LL!'es, as determined by the Planning c,-A in tn istrator. c. Exemptions. The following work shall not be required to undergo site plan review as required by this chapter: (1) The construction of a single-family home or a duplex; I') T ,-1 as spe IfiteROF FeRE)VE140RS, &Eeel)t -C�_A �'_ C U 1 1, 1 ) 1, I'! T 'fistall-ion of fire sp.`likler-s; —el3iffeeffiefit Of&H'Stiftg eleetfieffl e8ffifffflelits; 11Z T stall—i6li Of fife alaf-HIS; EW,E)bift+1ftf`y 11" Safi2ty FeSt3E)ft-­- elit Of Pifeet6r-Of Aftfiflaig Effid &ftaig. (2) Internal modifications to a structure __,� cc-tr--'-c-a----l--,---a-n----d-----m- cc--h---an-'c-a-1------v----' -th---n---o,-effect to the. exterior of the structure, -------------------------------------------j--------------------------------------------------------!................................................................................................ that does not increase the total size of the structure and does not Lih �!i I u fo Page 913 of 972 �,znh921,es., orornai,nen,-Lal sLa-I,Lrhres- rrij Poole, includf'n;rcdcsf'gnnd r �locationz 6) Other niin or strLict Kral ztcic idon.s or alt r dons,, ir,cludf'n,c,,, stairs., porches., L71 ,r rrr�r<F�� an-d a-ccc-sory strguitres rn res'd�nt'al d'strrCt ,. moo......... ] a rrh�,�rhr tncl tcicl���cn. �cr r ��n< rrh�,�rhr c f feNv c r than I,,000 <,rcrs;s--.5q h�tre feet in non re i,c c n.t i,a 1, �on..i.n<F_d'_s tr c-t ,. sit ne-ces ary to ifin)lerne�ht a C orrcct' c A- t'on Pla-n ad or .; ac € �1„ha � ,� as �r� 11 �€ , � � er �c' rhsxhs the Plifeet6r-Of Planning and ZE)ii"-- for-s4e-,A�Vfew based nPe*-a4-ef+ke II&Wifig t -r• , ,he butid"— IS (4) Geffiplianee w4h the e-ity's developffil— --l- AI-11 1-- —1- I M alor Srtc Plan ------------------------------------ a)-. Submittal Requirements. See Section I.D. above for the submittal requirements of this application. b-3. Review Criteria. The site plan shall comply with the following: 1)requirements of the respective zoning district regulations of Chapter 3 Article III arrd,2) S ite Ddevelopment S-standards described in Chapter 4. Axti.cle X11. 34 the best de-v lefitpFaefie—- fl— e green eheekIisf. See Section 2.D.6.c. above for additional regulations regarding the requirement that the site plan be consistent with the master plan when rezoning lands to a planned zoning district. c.4. Approval Process. An application for site plan approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. cls. Expiration. H)a- General. Upon approval of a site plan by the City Commission, the applicant shall have eighteen(18) months to secure a building permit from the Development Department. b. Sfa"Hable , 2 Page 914 of 972 411 11(1(1 .. F . � MI MM 4� Null and Void. All previous approvals shall be null and void if the applicant is unable to secure a building permit within the above timeframes. For the purposes of this section, minor permits issued by the Departments of Development or Public Works (e.g. clearing and grubbing;walls and fences; docks, land development; utilities; etc.) shall not constitute the type of permit necessary to extend the life of a development order for site plan review purposes. ceb- Time Extension. General. An applicant may request to extend the approval of a site plan for an additional time period,not to exceed eighteen(18)months,provided that such request for extension is filed prior to the date of the expiration of the original eighteen(18)-month period. For the purposes of the subsection, a"site plan" shall be construed to include either a new site plan or a major site plan modification. There is no limit to the number of extensions that may be requested. fib✓ Submittal Requirements. See Section I.D. above for the submittal requirements of this application. L3)E Review Criteria. The site plan time extension shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. In addition, the following information shall be used to justify an application for site plan time extension: �-�..(44 Are there any recently adopted amendments to the Comprehensive Plan,redevelopment plans, or Land Development Regulations that would cause the approved site plan in its current configuration to become noncompliant? .(-_24 In determining good faith, some factors to be considered are the following: 1) the extent to which a land development permit(if applicable)has been applied for by the applicant and/or approved by the Engineering Division; 2)when construction approved by such land development permit has occurred(construction which is commenced immediately preceding expiration generally indicating a lack of good faith); 3) the extent to which there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the applicant,it was not possible to meet the time limitation; and 4)the applicant has applied for or secured any building permits, or other types of permits from external agencies,including anticipated dates for the issuance of the aforementioned permits? (".(34 Has the applicant paid any impact fees,including utilities or art in public places? �.E4} Does the site plan comply with the concurrency requirements and of Palm Beach County and the city's Land Development Regulations? L.k-54 Other pertinent information can the applicant provide that would justify the request for site plan time extension? Md- Approval Process. An application for site plan time extension requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. (5)e- Expiration. Upon approval of site plan time extension by the City Commission, the applicant shall have the time approved by the City Commission to secure a building permit from the Development Department. All previous approvals shall become null and void if the applicant is unable to secure a building permit within the above timeframe. 3 Page 915 of 972 n 6 f-. Extension. The applicant may file a subsequent request for site plan time extension beyond that of the original extension;however, each subsequent request for site plan time extension shall be valid for a time period not to exceed one (1)year. Each subsequent request for site plan time extension shall be filed prior to the expiration date of the preceding site plan time extension period. CL)g-. Miscellaneous. The original conditions of approval of the site plan are still applicable and must be addressed, unless otherwise approved by the City Commission. In granting such extensions the City Commission may require modification to or impose additional conditions of approval to the site plan. 3. Minor Site Plan a. SjLbrnttal. RcYfi��,�rei,ne ts. See Sectimc�r�_mlm_ )__�ti�c��e for_the_�,ubl'iii�l_r�fi���renle is o this zip i��iic rim b. Review CvrIt rla. The site r)l;��n shalml_colnDIy Nvith. the followln<,__l i r��quireMent�,_of the re�I ecti�_e zonincy_d'strr�, ssg,uladons o Chapter Article 111 and %i Site De clomnent Standards des ri.bed in CCh� L � �rjjcic ill See Section ..........�.�.�.�.�.�.-- __________________________________________pm__________________________________________________,1�.........._______________________________________.. 2.i).Li.c,. for zrcicl� i nzrl rc<,r l at is n regarding the ref rnr�fin�nt that the site �lzt��. lac c,c n�is-tent'a ith the fnast r plan '"hen SS7oni.ng Lan-ds jo--a i)IammD�cl c /'L) ro al Process. I he tl��lic,zt��c n. hztll lac re ���ac cl lav ��t6t6" tr�.cl t�,�rc r� �a ill lie �tl �r� lav �h.� t��rc� rr tl adrninistartiv e official. d. . Expirat' rm:m i General. pjjc �Cshal have tnont�, lcsecUr� tb101dnc , �l -Ax _ _ mm _ _ m�_ i D r)arunent. X11 tncl Void. 211 r N' I �l���rc �l� shall be null z�r�.cl v��cl �6'�h.� �� 1.ican_Crm�_����ablm�_tc�_secure_�t_l�n�milcl_�m�� F. L�rfinitNv'thin chi above O nc runes F rchc �r�r�c� � c 6 phis Section fimnor e nits issued lav the D arfinents of ___________________________________________________________________(......1_________________________________________----�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.--.�____________l� 1)evcic fin�n r i' �l�hc jcrl <F cicarin<F and <Fr��l�l�in<, �r rll� and fences, clock land dee to finen.t, 11tilitic L shall not cc n�;dtute th.cY tv c 6 �rfini� necessary to extend the lif c 6 a� cic clo fin�nt order fo ��� � Ian rc ia err 2« S. c. Th'ne Extension IGeneral. An l �l�c o finty � ..... additional tifnc ------------------------------------- �l n_6rto���--------------- < exceed cighte n ( l8) finonths provided that such re f rr��� 6c r c���rasion is filed jrior to the date o the cn)irttion o the ")rr<Fin l cicF,),tcc JI finonth i) rl.od For the ,?jrtjc s c 6 �hc stt bs c tion a "Slee l tn" shall b construed to fincan a 1ninor ____________________1....._ ____ ____________________-____________ __________________________________________________________._._._. �1tc .jan____Therms__I_s n. _hinit to Chi_ntunber of extensions that that be rc,-ticsted. C2) °ubi,nttal Requirci,nents._See Section I.D. above for_the_subiaitial_requirci,ne his of thins_"1.2p imp Cion.. 3 RevieNy Criteria. The �j Ian O,rn _exiens'c-,shrtll_cc fi)jjy ht�r�fi��nC c6�h� respect' _ m _ _ districtrc<,rlationso Cha Article III and �,'��_cic�_�lr fnen� ��trioltrcl cle�c,ril��cl ���. C'hzt���r�. ln. rcicll�l�n. �hc folk`oAkl. F information shall b used tc u--.ii_6v an. zwp ication for site�l to tiro extensfon-:. A. Are thea any recently aclomed anncnclinents to the Corn n�r�h�nsiv e Plan redevelopfn�n� tncl ___________________________________.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.--- a.........................._. De elomnent lie<,r�lations that Nvoi d c tus chi �� r� �cl sit l�n n. lts cmr�nt conhcyr ,. ion to become ..............................................------------...._l_ _ _________l_______________________________ _ ........................................... B. In dctcn'ninin<,.6, rl_f nth., soi,ne factors to be considered are the folloN in<,m._._.-I)_Ch����c_exten-L t N hich ��_lmrrn . cicvcic Irl. nj l� rfr�l� �6 tl.0 lin tl�l�i h t 1�� � _tC heel for lav the ap l cJ. ant and"or t m��l_hvmCh��rl, rin<F Division, 2) when constrtictlon a Cc �cl lav such land develomn�n� ��rinit h � c�cctirrccl cin Crr�ction N�hlch i ____ l.___.__.._.__-_._ _ __ _ _�_.___ __- _._._ _ ______ c,c fnrnen eel Irnfneclizttelyrcclin<, IrtCic n �= r�mr�rlly indic�tt'll-,, _l,LlJl c 6_Fmc�c�cl_6 t�ihm _3_)_Che extent Co Nyh'ch.. there has been a bona fid continuous effort cc) develC � but because of c f'rctanstances beyond the control of the lie tn� It Nva not,2c1 �ihlc_�<t Inect the thnme th,nitation, and 4) :Che �t�p ican,t has �t����Jed furor secured any L1111lclin<' �jinr_ts froi'n_cxtcrnal.-�LgF� jcic _ ncl��,c in�� ,F_antich)atccl dates for the of the aforencnLLon.cd jj rnCs> 4 Page 916 of 972 C. Has theaDplicant paid any impact fees., icluciin, � ��i.ec r tri ��� ,��1��, places" D. Doc s tc site plain c10rnply y���,�rrr ���,y_r qu-irernc rills and o6"Ralrn B c ac,h C ol-mty Dc'v cIoi)f;n;c _ons?.. E. Other nert'ne�t_�_nformaticram_ca,n-the a p.lim�a.jL�rrc ide that would ���Stim6v the r�f���e�;t_6c�r_sit ��1 ���.�rfi��,�n C rc� fc r for site l �� im ext nsi n ref ufres i- � a by the Plann n<, c�, Zon'n<F !i,cl m i.n i s trator. >} �E�gic r� U cry t arc tl c 6 �� la�� ��rr � �� is r� �h. t lig t��� h til h t �h� ��fir t�arc ci hylh. 1'l nnfn<, c / njn<, �clfin�nf �r rc r �c car a h� �lchn<, rfinir from rhe D rlc ��fin���� 1)����r�fin�n� X11 �r� io ���)rc al hall heccfns null and void 'if the limcant_c�;_f nabl_e to se urs abuimIdi.n<F_.l�errtni.tNaichi,�� the above ti.fincfraj.nc CL l Extension. The a��1fmcant_fin.-a.y file a ���� �ci.��m�f�l_r�f fav �m6_c-r s i��_l2J �!� ��i,n-c cxt�:r s'on bcyc�nd rha�c 6"rhe err<:�nal. etn fcn however, each �,��bsea������ref r����fc r Sit la�� tim ext nsion shall b �alid for a c�finc ���riod not to exceed one 1. year. Each � h f � �nrr�f tient for icy plan 6m extens'on ,hall b fit d or the exp, �ior� dateo the r�r�c�clin< .. 1.........................l_____________________ --------- �� jaf�__Ccfmr�m� extenmsion_ rimc�cm. rl M4isc llaneou The origj.nal condi ons o ars arc �l c 6 �h� ��� �l��� �r� ���11 a��hc ably and fust b addressed,_ .�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.____----�.�.�.�.�..�.�.---- �4 ___1............................�4_____________________________________________._.m.. u nlcsLs c thcrw i.s� � Q d byIU-1'l nanin<, & o i� s C�chnin',strator In Fra������<F '.'Ld extens'ons staff may ref In fi od'fic,atise acichrional conditions of z i )ro al to the site plan. 5 Page 917 of 972 4-7. Modification to Site Plan. a. General. An applicant may request to modify an approved site plan. Changes to site plans are either"minor" or "major"based on criteria within this section. The applicant shall schedule a pre-application conference with staff cc) facd.itate a prelh,ni'ary rc f'cN ofthe °SILO Plan. Sf'tc Plan Modf'6icatf' ns shell h Site rr.,. is considered "major" &any of the fblloNvi.ng_, z (1) The modification increases the buildable square footage of the development by more than l`S, ( wcaxc 6C or twen.tv_.�e-percent(%()4%)_._ a hJ�ml cvcr_f' <Frcatcr, the threshold increases to tNvcnty.- i�._c percent(".j4-9%) if Lh. rc cct '_�, c rt' iecl by a thr.rcl �irly"r����m_��rtifi. t��c r� rc��� 1 __lam _ l_ _________ Meets the-iefi °'sgre€ll ri (.�'J) The modification causes the development to be below the development standard for the zoning district in which it is located or any other applicable standard in the Land Development Regulations. (34) The modification has an adverse effect on adjacent or nearby property or reduces required physical buffers, such as fences, trees, or hedges. (14) The modification adversely affects the elevation design of the structure or reduces the overall design of the structure below the standards stated in the community design plan. (` ) The modified development does not meets the concurrency requirements of the Boynton Beach Comprehensive Plan. (�-7) The modification alters the project so that the modified site plan does not reasonably resemble the approved site plan. ( �) The modification affects or does not comply with a condition of approval of the development order. (O) The modification des to a city-owned or operated facility&M-causes a s n'6 ic-------------------- _ impact to abutting and adjacent properties. -s- 6 Page 918 of 972 b. Major Modification. (1) Submittal Requirements. See Section I.D. above for the submittal requirements of this application. (2) Review Criteria. The proposed major site plan modification shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. (3) Approval Process. An application for major site plan modification requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I. Section 3. (4) Expiration. Upon approval of a major site plan modification by the City Commission, the applicant shall have eighteen (18) months to secure a building permit from the Development Department. All previous approvals shall be null and void if applicant is unable to secure a building permit within the above timeframe. For the purposes of this section, minor permits issued by the Departments of Development or Public Works (e.g. clearing and grubbing; walls and fences; docks, land development; utilities; etc.) shall not constitute the type of permit necessary to extend the life of a development order for a major site plan modification. (5) Extension. An applicant may request to extend the approval of a major site plan modification for a time period not to exceed eighteen(18) months,provided that such request for extension is filed prior to the date of the expiration of the original eighteen(18)-month period. The request shall be processed in accordance with Section 2.F.6. above. (6) Miscellaneous. At the time the City Commission approves a request for a major site plan modification, any previously approved site plan,including any conditions for approval, shall be null and void. All future development shall be consistent with the master site plan, as modified and approved by the City Commission,including all corresponding conditions of approval. c. Minor Modification. (1) Submittal Requirements. The applicant shall submit a letter explaining the modification(s) along with the affected plans and exhibits (in the number of copies specified by the Division). The applicant shall also provide consent from the property owner to file an application for the minor site plan modification. (2) Review Criteria. The proposed minor site plan modification shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. (3) Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official. Upon approval of a minor site plan modification, all future development shall be consistent with the site plan, as modified,including all previously approved conditions of approval associated with the site plan. S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-007 Site Plan Process\SitePlanMods.docx Page 919 of 972 11.A. NEW BUSINESS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-101 -Authorize the Mayor to sign an I nterlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Wells Landing, LLC in association with their application for the 9% tax credit for Low Income Housing Tax Credits and sign any related application documents to confirm such support. EXPLANATION OF REQUEST: On September 10, 2019, the CRA Board approved a I nterlocal Agreement with the City of Boynton Beach for funding of the Local Government Contribution match of$625,750 in connection with Wells Landing LLC project in connection with their application for 9% Low Income Housing Tax Credit Program. The application requires the Local Government to verify the contribution amount of$625,750 as part of Wells Landing, LLC (Centennial Management Corporation) application submission. The Local Government is the City of Boynton Beach. The interlocal that is being recommended provides for the financial support to be paid by the Boynton Beach Community Redevelopment Agency. Such contribution is dependent upon Centennial Management Corporation's 9% LI HTC Program application being successful. Centennial Management Corporation as Wells Landing LLC will submit application to the Florida 9% Low Income Housing Tax Credit (LIHTC) Program in an attempt to secure funding for the proposed project. The FHFC funding application requires a local government contribution. The Board has agreed to the requested amount of $625,750. However, the funding must come from a municipality therefore the CRA and City must enter into an interlocal agreement for the CRA to reimburse the City for the $625,750. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: There is no ultimate fiscal impact to the City of Boynton Beach. ALTERNATIVES: Do not approve the interlocal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 920 of 972 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving I LA with C RA for Wells Landing Financial support D I nterlocal Agreement C RA ILA 9-10-19 D Attachment C RA Agenda item 9-10-19 Page 921 of 972 I RESOLUTION NO. R19- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON 5 BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY TO PROVIDE FINANCIAL SUPPORT 7 TO WELLS LANDING, LLC IN ASSOCIATION WITH THEIR 8 APPLICATION FOR THE 9% TAX CREDIT FOR LOW INCOME 9 HOUSING TAX CREDITS AND SIGN ANY RELATED 10 APPLICATION DOCUMENTS TO CONFIRM SUCH SUPPORT;AND 11 PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, On September 10, 2019, the Boynton Beach Community Redevelopment 13 Agency (CRA) Board approved an Interlocal Agreement with the City of Boynton Beach for 14 funding of the Local Government Contribution match of $625,750 in connection with Wells 15 Landing LLC project in connection with their application for 9% Low Income Housing Tax 16 Credit Program; and 17 WHEREAS, the application requires the Local Government, which is the City of 18 Boynton Beach, to verify the contribution amount of$625,750 as part of Wells Landing, LLC 19 (Centennial Management Corporation) application submission; and 20 WHEREAS, the Interlocal Agreement that is being recommended provides for the 21 financial support to be paid by the Boynton Beach Community Redevelopment Agency which 22 contribution is dependent upon Centennial Management Corporation's 9% LIHTC Program 23 application being successful; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 25 recommendation of staff, deems it to be in the best interests of the City residents to approve and 26 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 27 Redevelopment Agency to provide financial support to the Wells Landing, LLC in association 28 with their application for the 9% tax credit for Low Income Housing Tax Credits and sign any 29 related application documents to confirm such support. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\B544AC96-2D6B-49C4-AFB4-57FDFB45F1FC\Boynton Beach.18160.1.ILA With CRA For Wells_Landing_Financial_Support - Reso.Docx Page 922 of 972 32 Section 1. Each Whereas clause set forth above is true and correct and incorporated 33 herein by this reference. 34 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 35 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 36 Beach and the Boynton Beach Community Redevelopment Agency to provide financial support 37 to the Wells Landing, LLC in association with their application for the 9% tax credit for Low 38 Income Housing Tax Credits and sign any related application documents to confirm such 39 support, a copy of said Interlocal Agreement is attached hereto as Exhibit"A". 40 Section 3. That this Resolution shall become effective immediately upon passage. 41 PASSED AND ADOPTED this day of , 2019. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor— Steven B. Grant 47 48 Vice Mayor—Justin Katz 49 50 Commissioner—Mack McCray 51 52 Commissioner—Christina L. Romelus 53 54 Commissioner—Ty Penserga 55 56 VOTE 57 ATTEST: 58 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) 66 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\B544AC96-2D6B-49C4-AFB4-57FDFB45F1FC\Boynton Beach.18160.1.ILA With CRA For Wells_Landing_Financial_Support - Reso.Docx Page 923 of 972 INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE FLORIDA HOUSING FINANCE CORPORATION STATE APARTMENT LOAN PROGRAM FOR THE PROJECT KNOWN AS THE E. MARTIN LUTHER KING JR. COORIDOR REDEVELOPMENT PROJECT SITE TO BE DEVELOPED BY WELLS LANDING,LLC,PURSUANT TO CHAPTER 420,PART V, SECTIONS 420.5093 - 420.5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT,made and entered into on the day of 2019 by and between: CITY OF BOYNTON BEACH,FLORIDA a Florida municipal corporation 100 E.Boynton Beach Boulevard Boynton Beach,Florida 33425 (hereinafter referred to as"CITY") AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 710 N.Federal Highway Boynton Beach,Florida 33435 (hereinafter referred to as"CRA") WITNESSETH: WHEREAS, CITY and CRA("Parties")desire to encourage the creation and development of Affordable and Workforce Housing within the City and the CRA;and WHEREAS,the CRA has determined that the provision of Affordable and Workforce Housing within the CRA furthers the CRA's purpose of eliminating slum and blight;and WHEREAS,the CRA has approved providing a financial incentive in the form of a local government match grant contribution("Grant")in the amount not to exceed six hundred twenty five thousand seven hundred fifty and 00/100 dollars($625,750)to assist the developer,Wells Landing LLC("Grantee"),in the development of certain properties located on E.Martin Luther King Jr. Boulevard("Project Site")in Boynton Beach,Florida, as described in Exhibit"A"attached hereto, and WHEREAS, the Parties desire to enter into an Interlocal Agreement ("Agreement") for the City of Boynton Beach to pay the Grant, on behalf of the CRA, to the "Grantee,"under the condition that the Grantee obtains an award of funding and underwriting approval of a 9%Low Income Housing Tax Credit Program allocation from the Florida Housing Finance Corporation by June 30,2020,and 00919723-1 Page 1 of 7 Page 924 of 972 WHEREAS,CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Florida Interlocal Cooperation Act"),permits the Parties,as public agencies under the Interlocal Cooperation Act,to enter into interlocal agreements with each other to authorize one public agency to exercise, on behalf of the other public agency,jointly held powers,privileges or authorities which each such public agency shares in common and which each might exercise separately,permitting the public agencies to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such public agencies; and WHEREAS,this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act;and WHEREAS,CITY hereby represents to CRA that it has the authority,pursuant to the Interlocal Cooperation Act,to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS,CRA hereby represents to CITY that it has the authority,pursuant to the Interlocal Cooperation Act,to execute any and all documents necessary to effectuate and to implement the terms of this Agreement;and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth,the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2.TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1)the CRA reimbursing the CITY for final payment of the Grant not to exceed the amount of six hundred twenty five thousand seven hundred fifty and 00/100 dollars($625,750) to Grantee consistent with the terms of this Agreement; or 2) the failure of Grantee to obtain award underwriting approval of a 9%Low Income Housing Tax Credit from Florida Housing Finance Corporation by June 30,2020. Section 3.DUTIES AND RESPONSIBILITIES OF THE PARTIES 3.01 The Parties agree that per Resolution No.— ,the Grant shall be paid by the CITY to Grantee on behalf of the CRA. The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of CITY's notice of making payment. Payment shall be made to Grantee upon: 1) Grantee providing evidence that they have been awarded a Nine Percent (9%) Low Income 00919723-1 Page 2 of 7 Page 925 of 972 Housing Tax Credit Program funding from the Florida Housing Finance Corporation; and 2)a real estate closing for the sale of the project properties identified as Project Site on E. Martin Luther King Jr. Boulevard,in Boynton Beach,Florida,as described in Exhibit"A." Section 5. RECORDS 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes.All such records shall be adequate to justify all charges,expenses,and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books,records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the development of the on the Ocean Breeze East project site located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit"A." Section 6. ASSIGNMENT 6.01 The respective obligations of the parties shall not be assigned,in whole or in part,without the written consent of the other parry. Section 7. DEFAULT 7.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other party,the non-defaulting party may terminate this Agreement.Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights.No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein.This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 8.COMPLIANCE WITH LAWS 8.01 CITY and CRA shall comply with all statutes, laws, ordinances,rules,regulations and lawful orders of the United States of America,State of Florida and of any other public authority which may be applicable. 00919723.1 Page 3 of 7 Page 926 of 972 Section 9. VENUE 9.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County,Florida,or,if in federal court, in the United States District Court for the Southern District of Florida. Section 10.GOVERNING LAW 10.01 The validity,construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 11.ENTIRE AGREEMENT 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written,and this Agreement may not be altered,amended,modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the fixture of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 12. SEVERABILITY 12.01 Should any part,term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State,the validity of the remaining portions or provisions shall not be affected thereby so long as the Parties' rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. Section 13.NOTICES 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail,return receipt requested,courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified;and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph.For the present,the parties designate the following as the respective places for giving of notice. CITY- Lori LaVerriere,City Manager City of Boynton Beach 100 E.Boynton Beach Boulevard Boynton Beach,FL 33435 00919723-1 Page 4 of 7 Page 927 of 972 CRA: Michael Simon,Executive Director Boynton Beach CRA 710 N.Federal Highway Boynton Beach,Florida 33435 Copies To: James A. Cherof Goren,Cherof,Doody&Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 Tara Duhy,Esquire Lewis,Longman&Walker,P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach,Florida 33401 Section 14.INTERPRETATION 14.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 00919723-1 Page 5 of 7 Page 928 of 972 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By .,....._...�............. ..� Steven B.Grant,Mayor ATTEST: City Clerk Approved as to form: City Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and . isti�n th -1 of the State of Florida By: _- "'Steven B.Grant; `hair Approved as to form: CRA Attorney 00919723-1 Page 6 of 7 Page 929 of 972 EXHIBIT LEGAL DESCRIPTION Property Control Number: 08-43-45-21-25-001-0080 Legal Description: FRANK WEBBER ADD LTS 8&9 (LESS S 10 FT RD R/W) BLK 1 Property Control Number: 08-43-45-21-25-001-0060 Legal Description: FRANK WEBBER ADD LTS 6&7(LESS S 10 FT RD R/W) BLK 1 Property Control Number: 08-43-45-21-25-001-0040 Legal Description: FRANK WEBBER ADD LTS 4 & 5 (LESS NE 10TH AVE R/W) BLK 1 Property Control Number: 08-43-45-21-24-000-0010 Legal Description: MEEKS ADD TO BOYNTON LT 1 Property Control Number: 08-43-45-21-10-005-0050 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 5 BLK 5 Property Control Number: 08-43-45-21-10-005-0090 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 9 BLK 5 Property Control Number: 08-43-45-21-10-005-0100 Legal Description: PALM BEACH COUNTRY CLUB ESTS LTS 10 TO 13 INC BLK 5 Property Control Number: 08-43-45-21-04-000-0202 Legal Description: ROBERT WELLS SUB S 100 FT OF W 5 FT OF LT 20& LTS 21& 22 (LESS N 10 FT RD R/W) Property Control Number: 08-43-45-21-10-004-0050 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 5 BLK 4 Property Control Number: 08-43-45-21-10-004-0060 Legal Description: PALM BEACH COUNTRY CLUB ESTE LT 6 BLK 4 Property Control Number: 08-43-45-21-10-004-0080 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 8 BLK 4 Property Control Number: 08-43-45-21-10-004-0090 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 9 BLK 4 Property Control Number: 08-43-45-21-10-004-0100 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 10 BLK 4 Property Control Number: 08-43-45-21-10-004-0130 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 13 BLK 4 Property Control Number: 08-43-45-21-18-000-1720 Legal Description: ARDEN PARK LT 172 00919723-1 Page 7 of 7 Page 930 of 972 FLOREDA HOUSING FINANCE CORPORATION LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION—GRANT FORM Name of Development Wells Landing Development Location: E Martin Luther King Blvd,east of intersection of N Seacrest Blvd, Boynton Beach (At a minimum,provide the address number,street name and city,and/or provide the street name,closest designated intersection and either the city(if located within a city)or county(if located in the unincorporated area of the county). If the Development consists of Scattered Sites,the Development Location stated above must reflect the Scattered Site where the Development Location Point is located.) The Ci /Coup of City Wof Boynton Beach commits$625,750.00 as a City/County grant to the Applicant for its use solely for assisting the proposed Development referenced above. The City/County does not expect to be repaid or reimbursed by the Applicant,or any other entity,provided the funds are expended solely for the Development referenced above. No consideration or promise of consideration has been given with respect to the grant. For purposes of the foregoing,the promise of providing affordable housing does not constitute consideration. The commitment for this grant must be effective as of the Application Deadline for the applicable RFA,and is provided specifically with respect to the proposed Development. C The source of the grant is: City of Boynton Beach Funds (e.g.,SHIP,HOME,CDBG) CERTIFICATION I certify that the foregoing information is true and correct and that this commitment is effective at least through the date required in the applicable RFA. Steven B.Grant — _.. .._.... .w� Signature Print or Type Name Mayor,City of Boynton Beach Print or Type Title NOTE TO LOCAL GOVERNMENT OFFICIAL:Additional information is set forth in the applicable Request for Application under which the Applicant is applying for funding for the above referenced Development. This certification must be signed by the chief appointed official(staff)responsible for such approvals,Mayor,City Manager, County Manager/Administrator/Coordinator,Chairperson of the City Council/Commission or Chairperson of the Board of County Commissioners. If the contribution is from a Land Authority organized pursuant to Chapter 380.0663,Florida Statutes, this certification must be signed by the Chair of the Land Authority. One of the authorized persons named above may sign this form for certification of state,federal or Local Government funds initially obtained by or derived from a Local Government that is directly administered by an intermediary such as a housing finance authority,a community reinvestment corporation,or a state- certified Community Housing Development Organization(CHDO).Other signatories are not acceptable. The Applicant will not receive credit for this contribution if the certification is improperly signed. To be considered for points,the amount of the contribution stated on this form must be a precise dollar amount and cannot include words such as estimated,up to,maximum of, not to exceed,etc. If the Application is not etigible for automatic points,this contribution will not be considered if the certification contains corrections or`white-out'or if the certification is altered or retyped. The certification may be photocopied. Please note: This form may be modified by Florida Housing Finance Corporation per Section 67-60.005,F.A.C. (Form Rev.07-2019) Page 931 of 972 4."rJ , k►> IkM../omm � B E A H I COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: September 10, 2019 OLD BUSINESS AGENDAITEM: 14.G. SUBJECT: Consideration of an I nterlocal Agreement with the City of Boynton Beach for funding of the MLK Jr. Corridor Redevelopment Project with Centennial Management Corporation SUMMARY: As a result of the issuance of a Request for Proposals (RFP) and Developer Qualifications (RFQ), the CRA Board selected Centennial Management Corporation as the developer at their January 8, 2019 Board meeting for the mixed-use redevelopment on the CRA owned properties located within the E. Martin Luther King Jr. Boulevard Corridor. Under the terms of the Purchase and Development Agreement, Centennial Management Corporation is required to submit an application to the Florida Housing Finance Corporation's (FH FC) 9% Low Income Housing Tax Credit (LIHTC) Program in an attempt to secure funding for the proposed project. As part of the application submission, the program requires various forms to be completed by the developer verifying the eligibility of the site such as roads and utilities. If an application includes a Local Government Match Form, the application carries with it additional points when entering the review. This form identifies the commitment by the local government entity to provide match funding for the project under the Local Government Match Contribution category (see Attachment 1). Because the application requires a "municipal or county' governmental entity to commit the funding and not an "agency", the I nterlocal Agreement (ILA) will be responsible for reimbursing the City of Boynton Beach for funding released if the application is successful and the project receives an award of funding (see Attachment 11). The funding specified within the I LA and under the Local Government Match Contribution will only be expended if Centennial Management Corporation is successful at obtaining 9% LI HTC Program Funding. If approved by the CRA Board, the I LA would be presented to the City Commission for approval at their September 17, 2019 meeting. FISCAL IMPACT: Fiscal Year 2019-2020 Budget, Project Fund Account 01-58200-406: not to exceed $625,750. CRA P LAN/P ROJ ECT/PROGRAM: Page 932 of 972 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRA BOARD OPTIONS: 1. Approve and execute the Interlocal Agreement with the City of Boynton Beach to provide the funding for the Local Government Match Contribution in the amount not to exceed $625,750 as requested under the 9% Low Income Housing Tax Credit Program application for the E. MLK Jr. Corridor Redevelopment Project with Centennial Management Corporation. 2. Do not approve or execute the Interlocal Agreement with the City of Boynton Beach to provide the funding for the Local Government Match Contribution in the amount not to exceed $625,750 as requested under the 9% Low Income Housing Tax Credit Program application for the E. MLK Jr. Corridor Redevelopment Project with Centennial Management Corporation. ATTACHMENTS: Description Attachment I -9% Low Income Housing Tax Credit Program Form Attachment II - Interlocal Agreement- Local Government Match Page 933 of 972 FLOREDA HOUSING FINANCE CORPORATION LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION—GRANT FORM Name of Development: Wells Landing Development Location: E Martin Luther KingBlvd,east of intersection of N Seacrest Blvd, Boynton each -------------------w------------ —- ------- — -- --- ---- (At a minimum,provide the address number,street name and city,and/or provide the street name,closest designated intersection and either the city(if located within a city)or county(if located in the unincorporated area of the county). If the Development consists of Scattered Sites,the Development Location stated above must reflect the Scattered Site where the Development Location Point is located.) The Ci /Count of City of Boynton each commits$625,750.00 _as a grant to the Applicant for its use solely for assisting the proposed Development referenced above. The City/County does not expect to be repaid or reimbursed by the Applicant,or any other entity,provided the ftmAs are expended solely for the Development referenced above. No consideration or promise of consideration has been given with respect to the grant. For purposes of the foregoing,the promise of providing affordable housing does not constitute consideration. The commitment for this grant must be effective as of the Application Deadline for the applicable RFA,and is provided specifically with respect to the proposed Development. The source of the grant is: City of Boynton Beach Funds SHIP,HOME,CDBG) CERTIFICATION I certify that the foregoing information is true and correct and that this commitment is effective at least through the date required in the applicable A. Steven B.Grant ............. Signature Print or Type Name Mayor, City of Boynton each Print or Type Title NOTE TO LOCAL GOVERNMENT OFFICIAL:Additional information is set forth in the applicable Request for Application under which the Applicant is applying for funding for the above referenced Development. This certification must be signed by the chief appointed official(staff)responsible for such approvals,Mayor,City Manager, County Manager/Adniinistrator/Coordinator,Chairperson of the City Council/Commission or Chairperson of the Board of County Commissioners. If the contribution is from a Land Authority organized pursuant to Chapter 380.0663,Florida Statutes, this certification must be signed by the Chair of the Land Authority. One of the authorized persons named above may sign this form for certification of state,federal or Local Government funds initially obtained by or derived from a Local Government that is directly administered by an intermediary such as a housing finance authority,a community reinvestment corporation,or a state- certified Community Housing Development Organization(CHDO).Other signatories are not acceptable. The Applicant will not receive credit for this contribution if the certification is improperly signed. To be considered for points,the amount of the contribution stated on this form must be a precise dollar amount and cannot include words such as estimated,up to,maximum of, not to exceed,etc. If the Application is not eligible for automatic points,this contribution will not be considered if the certification contains corrections or'white-out'or if the certification is altered or retyped. The certification may be photocopied. Please note: This form may be modified by Florida Housing Finance Corporation per Section 67-60.005,F.A.C. (Form Rev.07-2019) Page 934 of 972 INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE FLORIDA HOUSING FINANCE CORPORATION STATE APARTMENT LOAN PROGRAM FOR THE PROJECT KNOWN AS THE E. MARTIN LUTHER KING JR. COORIDOR REDEVELOPMENT PROJECT SITE TO BE DEVELOPED BY WELLS LANDING,LLC,PURSUANT TO CHAPTER 420,PART V, SECTIONS 420.5093 - 420.5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT,made and entered into on the day of 2019 by and between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach,Florida 33425 (hereinafter referred to as "CITY") AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway Boynton Beach,Florida 33435 (hereinafter referred to as "CRA") WITNESSETH: WHEREAS, CITY and CRA ("Parties") desire to encourage the creation and development of Affordable and Workforce Housing within the City and the CRA; and WHEREAS,the CRA has determined that the provision of Affordable and Workforce Housing within the CRA furthers the CRA's purpose of eliminating slum and blight; and WHEREAS,the CRA has approved providing a financial incentive in the form of a local government match grant contribution("Grant")in the amount not to exceed six hundred twenty five thousand seven hundred fifty and 00/100 dollars ($625,750)to assist the developer, Wells Landing LLC ("Grantee"),in the development of certain properties located on E. Martin Luther King Jr. Boulevard("Project Site")in Boynton Beach,Florida, as described in Exhibit"A"attached hereto, and WHEREAS, the Parties desire to enter into an Interlocal Agreement ("Agreement") for the City of Boynton Beach to pay the Grant, on behalf of the CRA, to the "Grantee,"under the condition that the Grantee obtains an award of funding and underwriting approval of a 9%Low Income Housing Tax Credit Program allocation from the Florida Housing Finance Corporation by June 30,2020, and 00919723-1 Page I of 7 Page 935 of 972 WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Florida Interlocal Cooperation Act"),permits the Parties,as public agencies under the Interlocal Cooperation Act,to enter into interlocal agreements with each other to authorize one public agency to exercise, on behalf of the other public agency,jointly held powers,privileges or authorities which each such public agency shares in common and which each might exercise separately,permitting the public agencies to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such public agencies; and WHEREAS,this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS,CITY hereby represents to CRA that it has the authority,pursuant to the Interlocal Cooperation Act,to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS,CRA hereby represents to CITY that it has the authority,pursuant to the Interlocal Cooperation Act,to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth,the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) the CRA reimbursing the CITY for final payment of the Grant not to exceed the amount of six hundred twenty five thousand seven hundred fifty and 00/100 dollars($625,750) to Grantee consistent with the terms of this Agreement; or 2) the failure of Grantee to obtain award underwriting approval of a 9%Low Income Housing Tax Credit from Florida Housing Finance Corporation by June 30, 2020. Section 3.DUTIES AND RESPONSIBILITIES OF THE PARTIES 3.01 The Parties agree that per Resolution No. ,the Grant shall be paid by the CITY to Grantee on behalf of the CRA. The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of CITY's notice of making payment. Payment shall be made to Grantee upon: 1) Grantee providing evidence that they have been awarded a Nine Percent (9%) Low Income 00919723-1 Page 2 of 7 Page 936 of 972 Housing Tax Credit Program funding from the Florida Housing Finance Corporation; and 2) a real estate closing for the sale of the project properties identified as Project Site on E. Martin Luther King Jr. Boulevard,in Boynton Beach,Florida, as described in Exhibit"A." Section 5. RECORDS 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the development of the on the Ocean Breeze East project site located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit"A." Section 6. ASSIGNMENT 6.01 The respective obligations of the parties shall not be assigned, in whole or in part,without the written consent of the other party. Section 7. DEFAULT 7.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10) calendar days after receipt of written notice of such default from the other party,the non-defaulting party may terminate this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights.No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 8. COMPLIANCE WITH LAWS 8.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 00919723-1 Page 3 of 7 Page 937 of 972 Section 9. VENUE 9.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County,Florida, or,if in federal court, in the United States District Court for the Southern District of Florida. Section 10. GOVERNING LAW 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 11.ENTIRE AGREEMENT 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended,modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 12. SEVERABILITY 12.01 Should any part,term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State,the validity of the remaining portions or provisions shall not be affected thereby so long as the Parties' rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. Section 13.NOTICES 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail,return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified;and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph.For the present,the parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach,FL 33435 00919723-1 Page 4 of 7 Page 938 of 972 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach,Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody&Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 Tara Duhy, Esquire Lewis, Longman&Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach,Florida 33401 Section 14. INTERPRETATION 14.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 00919723-1 Page 5 of 7 Page 939 of 972 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By: Steven B. Grant,Mayor ATTEST: City Clerk Approved as to form: City Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida By: Steven B. Grant, Chair Approved as to form: CRA Attorney 00919723-1 Page 6 of 7 Page 940 of 972 EXHIBIT A LEGAL DESCRIPTION Property Control Number: 08-43-45-21-25-001-0080 Legal Description: FRANK WEBBER ADD LTS 8 &9 (LESS S 10 FT RD R/W) BLK 1 Property Control Number: 08-43-45-21-25-001-0060 Legal Description: FRANK WEBBER ADD LTS 6 & 7 (LESS S 10 FT RD R/W) BLK 1 Property Control Number: 08-43-45-21-25-001-0040 Legal Description: FRANK WEBBER ADD LTS 4 & 5 (LESS NE 10TH AVE R/W) BLK 1 Property Control Number: 08-43-45-21-24-000-0010 Legal Description: MEEKS ADD TO BOYNTON LT 1 Property Control Number: 08-43-45-21-10-005-0050 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 5 BLK 5 Property Control Number: 08-43-45-21-10-005-0090 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 9 BLK 5 Property Control Number: 08-43-45-21-10-005-0100 Legal Description: PALM BEACH COUNTRY CLUB ESTS LTS 10 TO 13 INC BLK 5 Property Control Number: 08-43-45-21-04-000-0202 Legal Description: ROBERT WELLS SUB S 100 FT OF W 5 FT OF LT 20 & LTS 21 & 22 (LESS N 10 FT RD R/W) Property Control Number: 08-43-45-21-10-004-0050 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 5 BLK 4 Property Control Number: 08-43-45-21-10-004-0060 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 6 BLK 4 Property Control Number: 08-43-45-21-10-004-0080 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 8 BLK4 Property Control Number: 08-43-45-21-10-004-0090 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 9 BLK 4 Property Control Number: 08-43-45-21-10-004-0100 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 10 BLK 4 Property Control Number: 08-43-45-21-10-004-0130 Legal Description: PALM BEACH COUNTRY CLUB ESTS LT 13 BLK 4 Property Control Number: 08-43-45-21-18-000-1720 Legal Description: ARDEN PARK LT 172 00919723-1 Page 7 of 7 Page 941 of 972 12.A. LEGAL 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-035 - FIRST READING - Approve Ordinance establishing regulations regarding the posting of underage drinking signs. EXPLANATION OF REQUEST: Concerned Citizens have proposed that the City Commission adopt the proposed Ordinance which is intended to increase awareness of State prohibitions regarding the sale of alcohol to minors. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: None ALTERNATIVES: Not adopt the Code amendment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance Page 942 of 972 I ORDINANCE 19- 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA AMENDING THE CODE OF ORDINANCES OF THE 4 CITY OF BOYNTON BEACH, CHAPTER 3, ALCOHOLIC 5 BEVERAGES, ESTABLISHING REGULATIONS REGARDING 6 THE POSTING OF UNDERAGE DRINKING SIGNS; 7 PROVIDING FOR CODIFICATION, CONFLICTS, 8 SEVERABILITY AND AN EFFECTIVE DATE. 9 WHEREAS, pursuant to Florida's Municipal Home Rule Powers Act, Chapter 166, 10 Florida Statutes, the City of Boynton Beach may exercise any power for a municipal purpose 11 unless otherwise expressly prohibited; and 12 13 WHEREAS, the City Commission of the City of Boynton Beach finds that underage 14 drinking and the service of alcoholic beverages to minors is a problem in the City of Boynton 15 Beach; and 16 WHEREAS, medical studies and highway statistics note serious health risks and 17 adverse effects associated with consumption of alcoholic beverages by minors; and 18 WHEREAS, the general public should be informed regarding the law prohibiting 19 service of alcoholic beverages to minors; and 20 WHEREAS, the general public should be informed regarding the penalties associated 21 with the sale or provision of alcoholic beverages to minors; and 22 WHEREAS, the posting of signs with such information by vendors and certain other 23 dispensers of alcoholic beverages warning of the prohibition against and the penalties 24 associated with the sale or provision of alcoholic beverages to minors will make the public 25 aware of the possible consequences of providing alcoholic beverages to underage minors; and 26 WHEREAS, the Palm Beach County Substance Awareness Coalition has endorsed the 27 posting of these types of signs as an effective measure to generate awareness and deterrence of 28 the provision of alcoholic beverages to underage minors; and 29 WHEREAS,the City Commission of the City of Boynton Beach finds that it will serve 30 the public health, safety and welfare of the citizens of the City of Boynton Beach to inform the 31 public as to penalties associated with selling alcohol to minors. 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 33 THE CITY OF BOYNTON BEACH, FLORIDA, that: 34 SECTION 1: The foregoing Whereas clauses are true and correct and incorporated herein by 35 this reference. 36 Language underlined added,and language stricken deleted. Asterisks ****indicate language not amended which has been omitted to save space. Page 1 of 5 Page 943 of 972 37 SECTION 2: The City Commission of the City of Boynton Beach, Florida hereby finds that 38 underage drinking and the service of alcoholic beverages to minors is a problem 39 in the City of Boynton Beach and that medical studies and highway statistics 40 note serious health risks and adverse effects associated with consumption of 41 alcoholic beverages by minors. The Commission further declares and finds that 42 the general public should be informed regarding the law prohibiting service of 43 alcoholic beverages to minors and the penalties associated with the sale or 44 provision of alcoholic beverages to minors and that the posting of signs with 45 such information by vendors and certain other dispensers of alcoholic 46 beverages warning of the prohibition against and the penalties associated with 47 the sale or provision of alcoholic beverages to minors will make the public 48 aware of the possible consequences of providing alcoholic beverages to 49 underage minors. The Commission further finds that the Palm Beach County 50 Substance Awareness Coalition has endorsed the posting of these types of signs 51 as an effective measure to generate awareness and deterrence of the provision 52 of alcoholic beverages to underage minors. Accordingly,the Commission finds 53 that it will serve the public health, safety and welfare of the citizens of the City 54 of Boynton Beach to inform the public as to penalties associated with selling 55 alcohol to minors. 56 SECTION 3: The Code of Ordinances of the City of Boynton Beach at Chapter 3, Alcoholic 57 Beverages, Section 3-1, Definitions, is hereby amended to add the following 58 definitions. All other provisions of Section 3-1 shall remain unchanged. 59 Sec. 3-1. — Definitions. 60 *********** 61 62 Business establishment includes, but is not limited to, any place of business or any 63 club, organization, person, firm, corporation or partnership, such as: a golf club; country club; 64 veteran's fraternal or benevolent organization; grocery store; drug store; nightclub; bottle club; 65 cocktail bar: hotel bar; tavern; bona fide restaurant; restaurant bar; grill; filling station; 66 convenience store; package store; or any other building; structure or location or portion thereof, 67 wherein one person directly or indirectly pays another for purchase or dispensing of an 68 alcoholic beverage. 69 70 ********** 71 72 Conspicuously posted means clearly visible, easily readable and immediately apparent 73 upon viewing. 74 75 *** 76 77 Dispense means storing, handling, apportionment, preparation, gift, distribution, or 78 serving, directly or indirectly, of any amount of an alcoholic beverage to or for any person by 79 any officer, owner, operator, lessee, or employee of a business establishment. For purpose 80 of this definition, permitting or allowing any person to carry alcoholic beverages on the 81 premises of any business establishment to be consumed thereon shall constitute the 82 "dispensing" of such beverages. Language underlined added,and language stricken deleted. Asterisks ****indicate language not amended which has been omitted to save space. Page 2 of 5 Page 944 of 972 83 84 *** 85 86 Minor means any individual under the legal drinking age as set forth in F.S. �� 562.11 87 and 562.111, as may be amended or replaced. 88 89 *** 90 91 Person means an individual, person, firm, joint venture, partnership, corporation, 92 estate, trust, business trust, syndicate, fiduciary, association, and all other groups or 93 combinations. 94 95 *** 96 97 Sale means any transfer of an alcoholic beverage for consideration, or any gift of any 98 alcoholic beverage in connection with or as a part of a transfer of any property or product for 99 consideration. 100 101 Vendor of alcoholic beverages means any person who owns or operates a business 102 establishment which sells or dispenses any alcoholic beverages for consumption on or off the 103 premises. 104 105 106 SECTION 4: The Code of Ordinances of the City of Boynton Beach at Chapter 3, Alcoholic 107 Beverages, Section 3-5, Possession or consumption prohibited, is hereby 108 amended to add subsections (c) and (d) which shall read as shown below. All 109 other provisions of Section 3-5 shall remain unchanged. 110 Sec. 3-5. — Possession or consumption prohibited 111 ************ 112 c) All persons who own or operate a business establishment in the city which sells 113 or dispenses alcoholic beverages for consumption on or off the premises shall conspicuously 114 post a notice within said business establishment in such a place where alcoholic beverages 115 are either displayed, purchased, or consumed. Such notice shall comply with the requirements 116 of this section. Failure to post such required notice pursuant to the requirements of this section 117 shall constitute a violation of this ordinance. This restriction shall not apply to: 118 1. A bona fide restaurant without a restaurant bar. Such places of business 119 shall conspicuously post a notice within said business establishment in such a place where it 120 will be visible to all employees of said business. 121 d) Required notice shall consist of one or more signs or notices, each of which is 122 not less than ninety-three square inches (8-1/2" x 11"), with at least 30-point type, which 123 contains the following information, clearly discernable by persons to whom alcoholic beverages 124 may be sold or dispensed: 125 1. It is unlawful to purchase alcohol if you are under 21 years of age. Language underlined added,and language stricken deleted. Asterisks ****indicate language not amended which has been omitted to save space. Page 3 of 5 Page 945 of 972 126 2. It is unlawful to sell or dispense alcohol to persons under 21 years of 127 age, unless exempt pursuant to sections 562.11 or 562.13, Florida Statutes. 128 3. The penalties associated with the sale or dispensing of alcoholic 129 beverages to persons under 21 years of age include imprisonment in county iail 130 for a period of up to 60 days, a fine up to $500, or both. 131 4. A telephone number to report those who are in violation of the law. Such 132 telephone numbers may include but are not limited to: 133 a. 211 Palm Beach County; 134 b. 561-650-6840— Division of Alcoholic Beverages and Tobacco. 135 C. 1-877 MEANS 21 (877-632-6721) 136 137 SECTION 5: Authority is hereby granted to codify the text amendments set forth in 138 Sections 2 through 4 of this Ordinance. 139 SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby 140 repealed. 141 SECTION 7: Should any section or provision of this Ordinance or any portion, 142 paragraph, sentence or word be declared by a court of competent jurisdiction to 143 be invalid, such decision shall not affect the validity of the remainder of this 144 Ordinance. 145 SECTION 8: This Ordinance shall take effect in accordance with law. 146 FIRST READING this day of 2019. 147 148 SECOND, FINAL READING AND PASSAGE THIS day of 149 2019. 150 151 CITY OF BOYNTON BEACH, FLORIDA 152 153 YES NO 154 155 Mayor— Steven B. Grant 156 157 Vice Mayor—Justin Katz 158 159 Commissioner—Mack McCray 160 161 Commissioner—Christina L. Romelus 162 163 Commissioner—Ty Penserga 164 165 VOTE Language underlined added,and language stricken deleted. Asterisks ****indicate language not amended which has been omitted to save space. Page 4 of 5 Page 946 of 972 166 167 ATTEST: 168 169 170 171 Crystal Gibson, MMC 172 City Clerk 173 174 175 (Corporate Seal) 176 Language underlined added,and language stricken deleted. Asterisks ****indicate language not amended which has been omitted to save space. Page 5 of 5 Page 947 of 972 12.B. LEGAL 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: City Commission is requested to review the Lien Modification Order issued by the Special Magistrate at the August 21, 2019 hearing for case# 11-2277. EXPLANATION OF REQUEST: CASE HISTORY CASE 11-2277 OWNER—TANG SERVICES INC REGISTERED AGENT—STUARTG. REINFIELD PROPERTYADDRESS: 2412 TUSCANYWAY(NON-HOMESTEADED) 8/22/11 - Notice of Violation issued for renting unit without first obtaining a business tax receipt. 3/11/12 - Notice of Formal Hearing mailed certified to owner at address listed on tax roll and to registered agent at their mailing address listed on Florida Division of Corporations. 3/27/12 - Registered Agent received the notice of the Code Compliance Board hearing; however, the notice sent to the owner was returned not deliverable. 5/16/12 - Code Compliance hearing results: comply by 5/26/12 or $100.00 per day fine plus admin charge. 7/18/12 - Property was in noncompliance and at the Fine Certification Hearing — Board certified fine along with $634.12 admin fee. 8/03/12 - Lien recorded. 7/25/19- Brought case into compliance by inspection of unit and paying overdue business tax fees from 2013 to 2017. 8/02/19-Application fee for the lien reduction paid in the amount of$200.00. 8/06/19 - Property came into compliance with the violation and the total lien amount is $261,500.00 plus the $634.12 admin fee. 8/21/19 - Special Magistrate lien reduction hearing — Magistrate recommended to reduce the lien from $262,134.12 to $15,112.65 (includes the unpaid admin fee of ($634.12) - 94% reduction. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: Page 948 of 972 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Case History Summary D Letter Commission Re\Aew of Lien Reduction Request Page 949 of 972 CASE HISTORY CASE 11-2277 OWNER—TANG SERVICES INC REGISTERED AGENT— STUART G. REINFIELD PROPERTY ADDRESS: 2412 TUSCANY WAY(NON-HOMESTEADED) 8/22/11 -Notice of Violation issued for renting unit without first obtaining a business tax receipt. 3/11/12 -Notice of Formal Hearing mailed certified to owner at address listed on tax roll and to registered agent at their mailing address listed on Florida Division of Corporations. 3/27/12 -Registered Agent received the notice of the Code Compliance Board hearing;however,the notice sent to the owner was returned not deliverable. 5/16/12 -Code Compliance hearing results: comply by 5/26/12 or$100.00 per day fine plus admin charge. 7/18/12 -Property was in noncompliance and at the Fine Certification Hearing—Board certified fine along with $634.12 admin fee. 8/03/12 -Lien recorded. 7/25/19 - Brought case into compliance by inspection of unit and paying overdue business tax fees from 2013 to 2017. 8/02/19 -Application fee for the lien reduction paid in the amount of$200.00. 8/06/19 -Property came into compliance with the violation and the total lien amount is $261,500.00 plus the $634.12 admin fee. 8/21/19 - Special Magistrate lien reduction hearing—Magistrate recommended to reduce the lien from $262,134.12 to $15,112.65 (includes the unpaid admin fee of($634.12) -.94%reduction. Page 950 of 972 SIMON AND SC IDT ATTORNEYS AT LAW 766 SE 5TH AVENUE DELRAY BEACH,FLORIDA 33483 ERNEST G.SIMON TELEPHONE(561)278.2601 DAVID W.SCHMIDT FAX(561)265.0286 August 26, 2019 Certified Mail Return Receipt No. 70160910000082213259 Lori LaVerriere, City Manager City of Boynton Beach 3301 Quantum Boulevard Suite 101 Boynton Beach, Florida 33426 Re: Code Case#11-2277 My File No. 8222 Dear Ms. LaVerriere: Our office represents Tang Services, Inc., the owner of 2412 Tuscany Way, Boynton Beach, Florida 33435. Pursuant to Section 2-90(3), my client is requesting a review by the City Commission of the enclosed lien reduction order dated August 22, 2019. Please contact me if you have any questions or require any further information. Sincerely yours, f David W. Schmidt RECEIVED AUG 2 9 2019 CITY MANAGER'S OFFICE Page 951 of 972 12.C. LEGAL 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-036 - FIRST READING - PUBLIC HEARING -Approve the change in qualifying dates for candidates for the March 17, 2020 municipal election. EXPLANATION OF REQUEST: The Palm Beach County Supervisor of Elections (SOE), has asked all municipalities to change their Candidate Qualifying dates in order to comply with Florida Statutes 101.062(4)(a)&(b)which requires mailing of Vote by Mail Ballots 45 days prior to a General Election to military and overseas voters and 35 to 28 days prior to the election for all other Vote by Mail ballots. Municipal Elections are considered General Elections. The election management system used by the SOE Office only allows all municipal elections to be entered at one time. Therefore, if our candidates names are not available to be printed on the Vote by Mail ballots and sent 45 days prior to the election due to our qualifying dates, all municipalities will be out of compliance with Florida law. The City's qualifying period is set forth in Article 111, Section 40 of the City Charter. Sections 100.3605 and 166.021, Florida Statutes, provide that qualifying dates in a municipal charter may be amended without a referendum. The new qualifying period for the March 17, 2020 election would be from noon on Tuesday, November 26, 2019 to noon on Tuesday, December 10, 2019. Following the March 17, 2020 election and any subsequent runoff election, the qualifying period for the City's elections will thereafter comply with the City's Charter. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The conduct of municipal elections is a state mandate to conduct the business of the City. FISCAL IMPACT: The Supervisor of Elections could refuse to offer services to the City of Boynton Beach. Another source for equipment and processing of votes would have to be obtained. ALTERNATIVES: Do not change the qualifying dates and place all municipalities out of compliance with State statutes and risk the Palm Beach County SOE Office refusing to assist with our elections. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 952 of 972 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending qualifying dates for 2020 Election Page 953 of 972 1 2 ORDINANCE NO. 19- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING QUALIFYING DATES SET FORTH IN ARTICLE III, 7 SECTION 40 OF THE CITY'S CHARTER TO AMEND THE DATES 8 FOR QUALIFYING FOR THE MARCH 17, 2020 CITY ELECTION 9 ONLY PURSUANT TO SECTIONS 100.3605 AND 166.021, FLORIDA 10 STATUTES; PROVIDING FOR CONFLICTS, PROVIDING FOR 11 SEVERABILITY,AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, Article HI, Section 40 of the City' Charter provides for a qualifying 14 period for the City's General Municipal Elections to be from the last Tuesday in January to 15 the First Tuesday in February of the year in which the election is to be held; and, 16 WHEREAS, the Palm Beach County Supervisor of Elections has advised all 17 municipalities in Palm Beach County that in order for her to comply with legal timelines for 18 ballots for the statewide elections, all municipal qualifying periods must occur earlier than the 19 dates set forth in the City's Charter; and, 20 WHEREAS, Section 100.3605,Florida Statutes,provides authority for municipalities 21 to move their election and qualifying dates without referendum; and, 22 WHEREAS, Section 166.021(4), Florida Statutes, exempts changes to qualifying 23 dates from the referendum requirement for amending a municipal charter; and, 24 WHEREAS, pursuant to Sections 100.3605 and 166.021(4), Florida Statutes, the 25 qualifying period for City General Municipal Election to be held on March 17, 2020 shall be 26 amended, and shall be from noon on Tuesday, November 26, 2019 to noon on Tuesday, 27 December 10, 2019. 28 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA: CODING: Words in stfike*h-etigi, type are deletions from existing law; Words in underlined type are additions. S:ACA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 1 of 4 Page 954 of 972 30 31 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 32 as being true and correct and incorporated herein by this reference. 33 Section 2. The City Commission hereby amends the qualifying period for the City's 34 2020 General Election scheduled to be held on Tuesday, March 17, 2020 as follows: 35 (a) Qualifying period for Candidates will be from noon on Tuesday, November 26, 36 2019 to noon on Tuesday, December 10, 2019.1"6 ja'Aa+-s 4:1-,- 1- +- 37 -f+37 38 39 40 41 42 43 44 CledE shall +--ansm1+141eflaffies a, a.. eafl-I -I-- 45 46 aftefdhe "lose of"-alify;,,n 47 Section 3. F "OpIl 1-1 48 ; 49 " 50 hefein above, and feads as f-allows: 51 52 , CODING: Words in stfike*i.,-otigi, type are deletions from existing law; Words in underlined type are additions. S:ACA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 2 of 4 Page 955 of 972 53 54 enee a week If-F +Fv-ve stiek eleetien +,-a+ ffifty be 1'-1A --l' 55 56 aft a+--s '-F -.,y all file siiek papefs and -pay siieh Ifleles "as M.."ay be 57 58 59 60 61 62 63 64 Nothing herein is intended 65 to create a permanent change to the City's charter. Following the March 17, 2020 election and 66 any subsequent runoff election, the qualifying period for Boynton Beach Municipal elections 67 shall thereafter compo with the City's Charter. 68 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 69 in conflict herewith are hereby repealed to the extent of such conflict. 70 Section 5. If any clause, section or other part of this Ordinance shall be held by any 71 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 72 invalid part shall be considered as eliminated and in no way affecting the validity of the other 73 provisions of this Ordinance. 74 Section 6. This Ordinance shall take effect immediately upon its adoption. CODING: Words in st+ike th-etigi, type are deletions from existing law; Words in underlined type are additions. S:ACA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 3 of 4 Page 956 of 972 75 FIRST READING this day of 2019. 76 77 SECOND, FINAL READING AND PASSAGE this day of 78 , 2019. 79 80 CITY OF BOYNTON BEACH, FLORIDA 81 YES NO 82 83 Mayor— Steven B. Grant 84 85 Vice Mayor—Justin Katz 86 87 Commissioner—Mack McCray 88 89 Commissioner—Christina L. Romelus 90 91 Commissioner—Ty Penserga 92 93 94 VOTE 95 ATTEST: 96 97 98 99 Crystal Gibson, MMC 100 City Clerk 101 102 (Corporate Seal) CODING: Words in stfike*h-etigi, type are deletions from existing law; Words in underlined type are additions. S:ACA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 4 of 4 Page 957 of 972 12.D. LEGAL 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-102-Authorize the Mayor sign a purchase and sale agreement selling a portion of Tract I in Quantum Park Overlay Development District to FH Quantum LLC, which own 3301 Quantum Blvd subject to the conditions of use by FH Quantum LLC. EXPLANATION OF REQUEST: The City accepted ownership of Tract I with Quantum Park at Boynton Beach PI D. A portion of this parcel is a small finger canal which is a portion of a lake utilized for stormwater management for the surrounding parcels. This portion of the parcel is very difficult to maintain by the City as a water body due to it's shape and size. The adjacent property owner has requested to purchase a portion of the tract as described in the legal description to increase the parking area for 3301 Quantum Blvd to allow for additional employee growth for the main tenant in the building. The small finger canal would be filled by the proposed owner and additional volume added to the lake to compensate for the filled volume. The parcel would then be developed as parking and will comply with all City development regulations. The parcel does not have any marketable value in it's current condition Staff has reviewed the proposed concept plan for the parking and determined that it would be a compatible use. The purchase and sale of the property is contingent on the ability of the proposed owner to receive all necessary permits and approval to construct the improvements. This proposed purchase will facility economic development within the City by providing space for company NEXT to further develop their workforce within the City. Code of Ordinances Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The complete of this project will decrease maintenance cost to the City and increase ad valorem tax value of the property. FISCAL IMPACT: Non-budgeted There is no fiscal impact to the City ALTERNATIVES: Page 958 of 972 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving the Purchase and Sale of property to FH Quantum D Attachment Legal Description Page 959 of 972 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN A PURCHASE AND SALE AGREEMENT, SUBJECT TO 6 REVIEW AND FINAL APPROVAL BY THE CITY ATTORNEY'S 7 OFFICE, SELLING A PORTION OF TRACT I IN QUANTUM 8 PARK OVERLAY DEVELOPMENT DISTRICT TO FH QUANTUM 9 LLC,SUBJECT TO THE CONDITIONS OF USE BY FH QUANTUM 10 LLC; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City accepted ownership of Tract I with Quantum Park at Boynton 13 Beach PID which has a portion of the parcel being a small finger canal and is a portion of a 14 lake utilized for stormwater management for the surrounding parcels; and 15 WHEREAS, the adjacent property owner has requested to purchase a portion of the 16 tract as described in the legal description to increase the parking area for 3301 Quantum Blvd 17 to allow for additional employee growth for the main tenant in the building; and 18 WHEREAS, Staff has reviewed the proposed concept plan for the parking and 19 determined that it would be a compatible use and that the property does not have any 20 marketable value in it's current condition; and 21 WHEREAS, the purchase and sale of the property is contingent on the ability of the 22 proposed owner to receive all necessary permits and approval to construct the improvements; 23 and 24 WHEREAS,the City Commission has determined that it is in the best interests of the 25 residents of the City to approve and authorize the Mayor to sign a Purchase and Sale 26 Agreement subject to review and final approval by the City Attorney's office, selling a portion 27 of Tract I in Quantum Park Overlay Development District to FH Quantum LLC, subject to 28 the conditions of use by FH Quantum LLC. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCAA2A8000A-65F9-47B6-88A8-D046CD871719ABoynton Beach.18155.1.Purchase_and_Sale_Agreement_with FH_Quantum-_Re so.docx Page 960 of 972 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 day of , 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 51 52 Commissioner—Christina L. Romelus 53 54 Commissioner—Ty Penserga 55 56 VOTE 57 ATTEST: 58 59 60 Crystal Gibson, MMC 61 City Clerk 62 63 64 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCAA2A8000A-65F9-47B6-88A8-D046CD871719ABoynton Beach.18155.1.Purchase_and_Sale_Agreement_with FH_Quantum-_Re so.docx Page 961 of 972 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 q - 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 CAU LFI ELD & WHEELER, INC. DATE 09/09/19 CIVIL ENGINEERING - LAND SURVEYING 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 "I" STATE OF FLORIDA SKETCH OF DESCRIPTION LB 3591 JOB e 96263f M EXHIBIT "A" s4 \ LOT 93 �014jo` QUANTUM 3 lb ���5 Q` (P.B. 60, PG. 29) s 0O%s 0 9. d \ �� QG F GRAPHIC SCALE �� `rA, NORTH (IN FEET) l 00'ocol � �Ay ,o tij, G9 WETLAND P G,L \ i +9• J � TRACT "W" N g QUANTUM PARK AT BOYNTON BEACH, P.I.D. EAST LINE s,,o<'�Go PLAT NO 2 TRACT W (P.B. 57, PAGE 184) 00 \ hco Z POB \ NE CORNER \ A PORTION OF TRACT "I" \ .Nb WATER MANAGEMENT \\ M R, � TRACT I" ?- QUANTUM PARK AT � h Z BOYNTON BEACH, P.I.D. Irj PLAT NO 2 •bet (P.B. 57, PAGE 184) S662.� 65 'ja 1• A3 F $ 8)38, PGS ,y�0� `rte LOT 12 QUANTUM PARK AT BOYNTON BEACH, P.I.D. WATER MANAGEMENT `sem PLAT NO 2 TRACT "I" Oma• (P.B. 57, PAGE 184) SHEET 2 OF 2 CAU LFI ELD 8c WHEELER, INC. DATE 09/09/19 CIVIL ENGINEERING - LAND SURVEYING 7900 GLADES ROAD - SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (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 e 96163f M 12.E. LEGAL 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Report by City Attorney on City of Delray Beach—Lake Ida Park Addition Annexation. EXPLANATION OF REQUEST: On July 16, 2019, City of Delray Beach (hereinafter "Delray") filed its petition for voluntary annexation with Palm Beach County seeking to voluntary annex a 4.06 acre site from unincorporated Palm Beach County adjacent to Lake Ida and directly South of the City of Boynton Beach municipal boundary. The City Attorney's Office has been asked to provide information on options the City has related to Delray's annexation application. The map attached hereto was under review by the Development Department at the agenda publication deadline. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: n/a ALTERNATIVES: n/a STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 964 of 972 ATTACHMENTS: Type Description D Memo Memorandum regarding Lake Ida Annexation Challenge D Attachment Map Page 965 of 972 INTER-OFFICE CORRESPONDENCE MEMORANDUM TO: Mayor Steven Grant Members of the City Commission CC: Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney�4e Quentin E. Morgan, Assistant City Attorney 20W DATE: September 11, 2019 RE: City of Delray Beach—Lake Ida Park Addition Annexation Delray Annexation Summary On July 16, 2019, City of Delray Beach (hereinafter "Delray") filed its petition for voluntary annexation with Palm Beach County seeking to voluntary annex a 4.06 acre site' from unincorporated Palm Beach County. Delray also is seeking a Future Land Use Map amendment from Palm Beach County Medium Residential (MR-5)to City of Delray Beach Open Space (OS) and amendment to the Planning Area Map, and rezoning from Palm Beach County Agricultural Residential (AR) to City of Delray Beach Open Space and Recreation (OSR). On July 21, 2015, Palm Beach County deeded the subject site (PCN 00434605000007160) and parcel immediately to the south that is located within Delray boundaries (PCN 12434608000003070) to Delray. The site has not been developed and remains in a natural state and does not have vehicular access from a public right-of-way; limited access for maintenance is available from I-95 and from the Lake Ida waterway. The property adjoins the I-95 Interstate along a portion of the western edge. The remaining western portion and northern property lines adjoin a privately-owned parcel located within the City of Boynton Beach. This property is owned by Lake Ida Tract LLC which is managed by Lakhmichand N. Kalra and is zoned RIAA — Single Family. We have been asked to provide information on options the City has related to Delray's annexation application. The options are as follows: 1. Challenging the Voluntary Annexation. Chapter 171 and Palm Beach County Charter have procedures for voluntary annexation. The City can challenge the annexation by filing an appeal following the adoption of the annexation or aggressively advocate against the adoption of the annexation during the public meeting before the Delray Commission 1 An aerial photograph of the site is attached hereto. 100326765.2 306-90018211 Page 966 of 972 Inter-Ofrice Memorandum Mayor and City Commission Re: City of Delray Beach—Lake Ida Park Addition Annexation September 11, 2019 Page 2 or Palm Beach County Commission. For appeals, the City must, no later than 30 days following the passage of the annexation ordinance, initiate and proceed through the conflict resolution procedures established in Chapter 164, F.S. [which is the "Florida Governmental Conflict Resolution Act."]. If there is a failure to resolve the conflict, no later than 30 days following the conclusion of the procedures established in Chapter 164, F.S., the City may file a petition in the circuit court. In any legal action instituted under Chapter 171, the prevailing party is entitled to reasonable costs and attorney's fees. 2. Political Advocacy. City Administrative Officers or the City Elected Officials may advocate the City's position on the annexation to the Palm Beach County Administrator or County Commissioners. The City may also seek to initiate informal discussions with Delray prior to adoption and implementation of the annexation to discuss and resolve potential problems the City would endure. The City may also seek to initiate formal negotiations discuss and resolve potential problems by negotiating an agreement pursuant to the Florida Interlocal Cooperation Act of 1969 (Section 163.01, F.S.) between Delray and the City prior to adoption and implementation of the annexation. 3. Initiate a competing annexation. Chapter 171 sets for the procedures for when a municipality wishes to annex contiguous, compact, unincorporated territory. The nature of the process would be involuntary and as such has no corresponding procedures under the Palm Beach County Charter. The process will require consent of Delray. 4. Do nothing. The deed was granted to Delray upon the express condition that the properties be used as open green space or for passive park purposes, which may include accessory structures and improvements, such as pedestrian pathways, gazebos, shade structures, and temporary docking facilities. In the event the Delray allows the property to be developed and/or used for any other purpose, title of the property shall revert to the County. Delray's stated intention is to maintain both properties as open space/ passive recreation as restricted in the deed. This intention aligns with the City's goal of open space and that the properties remain low impact. If you have any questions or need any additional information, please do not hesitate to contact us. Once the determination is made on how to proceed, we will provide more detail and communicate our advice confidentially. JAC:QEM Enclosure 100326765.2 306-90018211 Page 967 of 972 PLANNING&ZONING BOARD I AUGUST 19,2019 ORDINANCE N0.27-19,ANNEXATION;ORDINANCE 28-19,FUTURE LAND USE MAP AMENDMENT;AND ORDINANCE 29-19,REZONING Aerial View of Lake Ida Park Addition el tib §gqq r S ay I r, i I s t _ M 11 r` I Uak1c riier`ey`Clr H Cf • `S NN!'�9�kh St tp xr Lake or ,t' * Subject Parcel Outlined in Fled Page 18 Page 968 of 972 13.A. FUTURE AGENDA ITEMS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 March 17, 2020 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 969 of 972 13.B. FUTURE AGENDA ITEMS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Discuss use policy for all City Parks- October 1, 2019. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 970 of 972 13.C. FUTURE AGENDA ITEMS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Amendment to DROP provisions in City's three pension plans (Ordinance) - October 1, 2019 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 971 of 972 13.D. FUTURE AGENDA ITEMS 9/17/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/17/2019 REQUESTED ACTION BY COMMISSION: Presentation of a Resolution from the FL Association of City Clerks, recognizing Judy Pyle's retirement. - October 1, 2019 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 972 of 972