R20-093 1 RESOLUTION R20-093
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE MAYOR TO SIGN
6 DOCUMENTS RELEASING AND CREATING
7 PROJECT EASEMENTS; AND PROVIDING AN
8 EFFECTIVE DATE.
9
10 WHEREAS, in order to advance the Town Square project and facilitate the
11 project's completion,existing temporary access and parking easements will be released and
12 new easements created; and
13 WHEREAS, the recordable documents require the Mayor's signature and the City
14 Commission's authorization.
15 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
16 CITY OF BOYNTON BEACH,FLORIDA,THAT:
17 Section 1. The foregoing "Whereas"clauses are hereby ratified and confirmed as
18 being true and correct and are hereby made a specific part of this Resolution upon adoption
19 hereof.
20 Section 2. The City Commission of the City of Boynton Beach, Florida does
21 hereby approve and authorize the Mayor to sign the documents releasing and creating project
22 easements which shall be in a form subject to final approval by the City Attorney
23 Section 3. Copies of the final documents approved by the City Attorney are attached
24 hereto as Composite Exhibit"A".
25 Section 4. This Resolution will become effective immediately upon passage.
26
S:\CA\RESO\Town Square Easements-Reso.Docx
27 PASSED AND ADOPTED this day of�epte�ienptcmbc r, b e.r'
�-} 2020
28 CITY OF BOYNTON BEACH, FLORIDA
29 YES NO
30
31 Mayor—Steven B. Grant ✓
32
33 Vice-Mayor—Ty Penserga ✓
34
35 Commissioner—Justin Katz
36
37 Commissioner—Woodrow L. Hay
38
39 Commissioner—Christina L. Romelus
40
41 VOTE
42 ATTEST:
43
44
45 C tal Gibson, MMC
46 City Clerk
47
48
49 (Corporate Seal)
50
a: '
e ...
In
S:\CA\RESO\Town Square Easements-Reso.Docx
This instrument prepared by:
Stephen J.Grave de Peralta,Esquire
PG Law
5030 Champion Blvd., Suite G11-281
Boca Raton,Florida 33496
561.325.6510
TERMINATION OF
TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS South Parcel)
THIS TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING
EASEMENT AGREEMENT (this "Agreement") made this a5 day of 'flpsJ, 2020, by and
between JKM BTS South, LLC, a Florida limited liability company ("GRANTOR"),the City of Boynton
Beach(the"CITY"),a Florida municipal corporation,CFP BOYNTON BEACH TOWN SQUARE, LLC,
a Florida limited liability company ("CFP"), and the CITY's and CFP's agents, servants, employees, or
contractors;
WITNESSETH:
WHEREAS, GRANTOR is the owner of that certain parcel of real property located within the
City of Boynton Beach, with a legal description as attached in Exhibit "A"(hereinafter referred to as the
"Property"); and
WHEREAS, GRANTOR executed a Temporary Construction and Parking Easement
Agreement ("Easement") in order to permit CFP and the CITY, at their sole cost and expense, to
complete the necessary grading and utility work on the Property, to complete site preparation of the
Property, and for the use of the Property as public parking, which Easement was recorded in Official
Records Book 30300, Page 1270 of the Public Records of Palm Beach County, Florida; and
WHEREAS,GRANTOR,CFP, and the CITY have all agreed to terminate the Easement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and
no/100 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and
adequacy of which is hereby acknowledged,the parties hereto agree as follows:
1. The aforesaid recitals are true and correct and are incorporated herein.
2. Each of GRANTOR, CFP, and the CITY does hereby release and abandon any right, title or
interest that it may have in the Easement rights set forth in the Easement, and declares the Easement
(and any rights granted thereunder or pursuant thereto)terminated.
(Signatures appear on the following pages)
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS South Parcel)
Signed and sealed the day and year first above written.
GRANTOR
JKM BTS South, LLC, a Florida limited
liability company
By: JKM BTS Capital, LLC, a Florida
limited liability company, its
Manager
By:
Adam P. Freedman, Manager
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of ®physical presence or ❑ online
notarization this (W day of August, 2020, by Adam P. Freedman, as Manager of JKM BTS Capital,
LLC, a Florida limited liability company, the Manager of JKM BTS South, LLC, a Florida limited
liability company,on behalf of the companies. He is personally known to me or has produced
as identification.
ANGELA R.PICKETT•
''__ �,, tt
• ;; MY COMMISSION k GG 310593 C,� `
EXPIRES:April 17,2023
'''FOF,fS;?!: Bonded nxu Notary Public Underwriters ARY PUBLIC
CITY OF BOYNTON BEACH
BY: 3'
g71.—
AYOR STEVEN B. GRANT
ATTEST:
Z/241-
CR
CR TAL GIBSON, CITY CLERK
Approved as to Form:
4441;411,414,„.t.,.
Jim Cherof, City Attorney
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS South Parcel)
CFP BOYNTON BEACH TOWN
SQUARE, LLC
By: Gf%/6,
Steve Collins, Manager
STATE OF 'J j��IU
COUNTY OF HE/444E41W Aletern9AL �/
The foregoing instrument was ack� vele eN before me by means of LAS physical presence or ❑ online
notarization this 03cci day of August, 20h, by Steve Collins, as Manager of CFP Boynton Beach
Town Square, LLC, a Florida limited liability company, on behalf of the company. He is personally
known to me or has produced MND - Li aeht c as identification.
Michelle Leigh Smith act �. _ l F A
NOTARY PUBLIC )1. (',/1 6 �"Yb
REG.#7625737 OTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES November 30,2024
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS South Parcel)
EXHIBIT"A"
Parcel 7,BOYNTON BEACH TOWN SQUARE,according to the Plat thereof,recorded in Plat Book 127,Pages 1-
5,of the Public Records of Palm Beach County, Florida.
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS South Parcel)
This instrument prepared by:
Stephen J.Grave de Peralta,Esquire
PG Law
5030 Champion Blvd., Suite G11-281
Boca Raton,Florida 33496
TERMINATION OF
TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS North Parcel)
THIS TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING
EASEMENT AGREEMENT (this "Agreement") made this o3 day of '(\oJ, 2020, by and
between JKM BTS North, LLC, a Florida limited liability company("GRANTOR"),the City of Boynton
Beach(the"CITY"), a Florida municipal corporation,CFP BOYNTON BEACH TOWN SQUARE,LLC,
a Florida limited liability company ("CFP"), and the CITY's and CFP's agents, servants, employees, or
contractors;
WITNESSETH:
WHEREAS, GRANTOR is the owner of that certain parcel of real property located within the
City of Boynton Beach, with a legal description as attached in Exhibit "A"(hereinafter referred to as the
"Property"); and
WHEREAS, GRANTOR executed a Temporary Construction and Parking Easement
Agreement ("Easement") in order to permit CFP and the CITY, at their sole cost and expense, to
complete the necessary grading and utility work on the Property, to complete site preparation of the
Property, and for the use of the Property as public parking, which Easement was recorded in Official
Records Book 30300, Page 1252 of the Public Records of Palm Beach County, Florida; and
WHEREAS,GRANTOR, CFP,and the CITY have all agreed to terminate the Easement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and
no/100 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and
adequacy of which is hereby acknowledged,the parties hereto agree as follows:
1. The aforesaid recitals are true and correct and are incorporated herein.
2. Each of GRANTOR, CFP, and the CITY does hereby release and abandon any right, title or
interest that it may have in the Easement rights set forth in the Easement, and declares the Easement
(and any rights granted thereunder or pursuant thereto) terminated.
(Signatures appear on the following pages)
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS North Parcel)
Signed and sealed the day and year first above written.
GRANTOR
JKM BTS North, LLC, a Florida limited
liability company
By: JKM BTS Capital, LLC, a Florida
limited liability company, its
Manager
By:
Adam P. Freedman, Manager
STATE OF FLORIDA .
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of Et-Physical presence or El online
notarization this Igo day of August, 2020, by Adam P. Freedman, as Manager of JKM BTS Capital,
LLC, a Florida limited liability company, the Manager of JKM BTS North, LLC, a Florida limited
liability company, on behalf of the companies. He is personally known to me or has produced
as identification.
ice'P ANGELA R.PICKETT
MY COMMISSION#GG 310593
,.%C:a; EXPIRES:April 17,2023 ' C5ts,<t_SLC.
'�F°F
c
F`"°P` Bonded Thru Notary Public Underwriters
NOTARY PUBLIC
CITY OF BOYNTON BEACH
By:
rA , C.V.-----
MAYOR STEVEN B. GRANT
ATTEST:
L GIBS
CLERK
TAK
id
Approved as to Form:
/ 'j
4�/�f/ es,f / , V lli►n.aAiriF
Jim Cherof, City Attorney
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS North Parcel)
CFP BOYNTON BEACH TOWN
SQUARE, LLC
By: )d-7/1de
Steve Collins, Manager
Mws
STATE OF 1b4P+1*ES'OrA V etjt.iG-
COUNTY OF F p-I I-e.
MCA
The foregoing instrument was acknowedged before me by means of i sical presence or E online
notarization this a321 day of�:51020, by Steve Collins, as Manager of CFP Boynton Beach
Town Square, LLC, a Florida limited liability company, on behalf of the company. He is personally
known to me or has produced MO DyNter-U ceekSt as identification.
Michelle Leigh Smith n '^
NOTARY PUBLIC Al A= (-6 , I 4011411
REG.#7625737 NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES November 30,2024
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS North Parcel)
EXHIBIT"A"
Parcel 2,BOYNTON BEACH TOWN SQUARE,according to the Plat thereof,recorded in Plat Book 127,Pages 1-
5,of the Public Records of Palm Beach County,Florida.
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS North Parcel)
This instrument prepared by:
Stephen J.Grave de Peralta,Esquire
PG Law
5030 Champion Blvd., Suite G11-281
Boca Raton,Florida 33496
TERMINATION OF
TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS Central Parcel)
THIS TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING
EASEMENT AGREEMENT (this "Agreement") made this 2,3 day of 'C\oJ, 2020, by and
between JKM BTS Central, LLC, a Florida limited liability company ("GRANTOR"), the City of
Boynton Beach (the "CITY"), a Florida municipal corporation, CFP BOYNTON BEACH TOWN
SQUARE, LLC, a Florida limited liability company("CFP"), and the CITY's and CFP's agents, servants,
employees,or contractors;
WITNESSETH:
WHEREAS, GRANTOR is the owner of that certain parcel of real property located within the
City of Boynton Beach, with a legal description as attached in Exhibit "A"(hereinafter referred to as the
"Property");and
WHEREAS, GRANTOR executed a Temporary Construction and Parking Easement
Agreement ("Easement") in order to permit CFP and the CITY, at their sole cost and expense, to
complete the necessary grading and utility work on the Property, to complete site preparation of the
Property, and for the use of the Property as public parking, which Easement was recorded in Official
Records Book 30300, Page 1261 of the Public Records of Palm Beach County,Florida;and
WHEREAS,GRANTOR, CFP, and the CITY have all agreed to terminate the Easement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and
no/100 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and
adequacy of which is hereby acknowledged,the parties hereto agree as follows:
1. The aforesaid recitals are true and correct and are incorporated herein.
2. Each of GRANTOR, CFP, and the CITY does hereby release and abandon any right, title or
interest that it may have in the Easement rights set forth in the Easement, and declares the Easement
(and any rights granted thereunder or pursuant thereto)terminated.
(Signatures appear on the following pages)
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS Central Parcel)
Signed and sealed the day and year first above written.
GRANTOR
JKM BTS Central, LLC, a Florida limited
liability company
By: JKM BTS Capital, LLC, a Florida
limited liability company, its
Manager
By: /11.4`
Adam P. Freedman, Manager
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of '.4 physical presence or El online
notarization this 1 WA day of August, 2020, by Adam P. Freedman, as Manager of JKM BTS Capital,
LLC, a Florida limited liability company, the Manager of JKM BTS Central, LLC, a Florida limited
liability company,on behalf of the companies. He is personally known to me or has produced
as identification.
tri
ANGELA R•PICKETT MY COMMISSION 8GG310593 Ct"EXPIRES:Apri117,2023 Bonn,,,,Notary Public Unde^m'ters NOTARY PUBLIC
CITY OF :OYNTON . ACH
•
By:
AYOR STEVEN B. GRANT
ATTEST:
./)jidorL--
C STAL GIBSON, MMC CITY CLERK
Approvedas to Form:
�i /11/ 5,`,,,, Cid
Jim Cherof, City Attorney
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS Central Parcel)
CFP BOYNTON BEACH TOWN
SQUARE,LLC
By: 6g-
Steve Collins, Manager
STATE OF A 4 IN)iC�
COUNTY OF HE3� ,Mtifirridvu—
The foregoing instrument was acknowledged before me by means of �ysical presence or El online
notarization this p93e7I day or rugostr2020, by Steve Collins, as Manager of CFP Boynton Beach
Town Square, LLC, a Florida limited liability company, on behalf of the company. He is personally
known to me or has produced MN Drwcr- Ucecncc as identification.
Michelle Leigh Smith
NOTARY PUBLIC ! '^n ' 1
REG.#7625737 e C r,,1
COMMONWEALTH OF VIRGINIA NOTARY PUBLIC
MY COMMISSION EXPIRES November 30,2024
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS Central Parcel)
EXHIBIT"A"
Parcel 3,BOYNTON BEACH TOWN SQUARE,according to the Plat thereof,recorded in Plat Book 127, Pages 1-
5,of the Public Records of Palm Beach County,Florida.
TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT
(BTS Central Parcel)
PREPARED BY AND RETURN TO:
Stephen J.Grave de Peralta, Esq.
PG Law
5030 Champion Blvd.
Suite G11-281
Boca Raton,Florida 33496
561.325.6510
Parcel ID
TEMPORARY PARKING EASEMENT AGREEMENT
THIS TEMPORARY PARKING EASEMENT AGREEMENT (this "Easement") is made and
executed as of X\OJ 'S O, 2020, by and between JKM BTS Central, LLC, a Florida limited
liability company, having an address at 2300 Glades Road, Suite 202E, Boca Raton, Florida
33431 ("Grantor") and JKM BTS Capital, LLC, a Florida limited liability company, having
an address at 2300 Glades Road, Suite 202E, Boca Raton, Florida 33431 ("Developer"), and
The City of Boynton Beach, Florida, a political subdivision of the State of Florida, 100 East
Ocean Avenue, Boynton Beach, FL 33435 ("City").
WITNESSETH:
WHEREAS, Grantor and Developer are affiliates and direct or beneficial parties to a
March 19, 2018, Development Agreement with the City, and Grantor is the owner of certain
property located in Boynton Beach, Palm Beach County, Florida described on Exhibit "A"
attached hereto and made a part hereof(the"Grantor Property"); and
WHEREAS, the Grantor Property, pursuant to the Development Agreement, will be
improved by Developer with a residential and/or mixed-use project, together with a parking
structure (the "Project"), and will be occupied by tenants to reside or conduct business therein;
and
WHEREAS, the temporary parking spaces provided by this Agreement and a like
Easement Agreement with JKM BTS North, LLC, a Florida limited liability company, are
intended to satisfy the temporary parking which Developer may hereafter be required to provide
to the City with respect to the parking structure (the "South Garage") to be constructed upon
certain property located in Boynton Beach, Palm Beach County, Florida described on Exhibit
"B" attached hereto and made a part hereof (the "South Parcel") pursuant to the Developer's
Agreement, without releasing or modifying any of Developer's other contingent obligations to
provide temporary parking as referenced therein; and
(00385093.1306-9905263} 1
WHEREAS, Grantor and Developer desire to establish, create and grant for the benefit
of, and as a burden upon, the Grantor Property, a temporary exclusive easement for use by City
over and across the portion of the Grantor Property as described in Exhibit "C" attached hereto
and made a part hereof (the "Easement Property") for the purposes and upon the terms and
conditions as set forth herein, for the benefit of City; the Easement Property, together with an
easement across adjacent property owned by another affiliate of Grantor and Developer (the
"Adjacent Property") or any alternative parking arranged at another location (any such location
or locations, collectively, "Alternative Property") by Grantor with the consent of City (which
consent shall not be unreasonably withheld), is intended to provide at least 300 parking spaces
for use by the City as set forth in this Easement; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
heretofore made, and in satisfaction of the requirement to provide temporary parking under the
Development Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties hereto, Grantor and City hereby
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this
Easement by reference in their entirety.
2. Parking Easement.
a. Parking Easement. Grantor and Developer hereby establish, create and grant to
the City a temporary, exclusive easement for parking on the parking areas
constructed and existing from time to time within the Easement Property (the
"Parking Easement"). Grantor establishes, creates and grants the Parking
Easement for City to use, without payment of any fee or charge, the Easement
Property for the intended purposes as set forth in this Easement. For the
avoidance of doubt, the Parking Easement only includes the Easement Property
and does not include any right to use or enter upon any portion of the Grantor
Property outside of the Easement Property.
b. Right to Modify, Remove or Relocate Parking Easements. Grantor and
Developer shall have the right, at any time and from time to time, upon 90 days
prior written notice to City, to modify, remove and relocate all or any portion of
the Parking Easement described herein to another location, with the consent of the
City (which consent shall not be unreasonably withheld), within the Grantor
Property (or to an Alternative Property owned by Grantor or Developer or to an
Alternative Property procured by Grantor or Developer), provided in all events
that the City is provided the use of at least 300 spaces when taking into account
spaces provided by or procured by Grantor, Developer, or their affiliates at the
Grantor Property,the Adjacent Property, and any Alternative Property.
c. Termination. The Parking Easement shall be terminated, upon at least ten (10)
business days prior written notice, at such time as Developer or its affiliate has
completed construction and obtained a certificate of occupancy of the South
Garage or at such time as Grantor shall have provided (either itself, through one
{00385093.1306-9905263{ 2
of its affiliates, or through a third party) alternative parking arrangements
consented to by the City (which consent shall not be unreasonably withheld) until
such time as the South Garage can be completed. Following termination of the
Parking Easement and conditioned on the availability of alternative parking
subject to terms and conditions reasonably comparable to those set forth in this
Easement, City shall cease using the Easement Property for parking, and the City
will enter into an agreement terminating this Easement and all rights hereunder.
d. No Assignment or Transfer. The Parking Easement may not be assigned or
transferred by City. Any attempted assignment or transfer of the Parking
Easement or any rights granted herein shall be null and void and shall be deemed
a violation of the Parking Easement.
3. Prohibited Use. The intended use of the Easement Property is for parking of typical
passenger vehicles by City employees, their invitees, and the general public in connection
with business with the City or attending civic events; for the avoidance of doubt, the City
shall not use or park any heavy equipment, buses, recreational vehicles, or other
oversized vehicles within the Easement Property. The City will use its best efforts to
prohibit or limit any use not consistent with the intended use. The City will not use the
Easement Property to stage any civic or social events. City shall be prohibited from using
the Easement Property in violation of any law or for any purpose other than use of the
Parking Easement. The City will establish and enforce reasonable restrictions assure that
minors are permitted on the easement property only when accompanied by an adult and
that animals are prohibited on the easement property except when on leash or other
physical halter. The City will mark or sign the walkways from the parking lots to City
facilities to enhance safety and minimize foot-traffic movement onto adjacent Grantor or
Developer properties. Subject to applicable governmental requirements and approvals,
and with the consent of City (which consent shall not be unreasonably withheld), Grantor
and/or Developer may post signs on the Grantor Property and/or the Easement Property
setting forth the rules and restrictions for the use of the Easement Property consistent
with the terms of this Easement, and the prohibition of use of portions of the Grantor
Property other than the Easement Property.
4. Use by Grantor. Grantor or Developer may continue to use the Easement Property and
all other portions of the Grantor Property for any lawful purposes that do not
unreasonably interfere with the easement rights granted herein, including the right to
improve the easement areas, which improvements may include parking, paving,
sidewalks, lighting, landscaping, green spaces, recreational areas, drive aisles for motor-
vehicles, and construction of the Project. City shall not interfere in any manner with
Grantor's or Developer's operations and activities upon the Easement Property.
5. Maintenance.
a. Definition of Maintenance Obligations. The term "Maintenance Obligations"
means any and all obligations to maintain, safeguard, upkeep, operate, repair,
replace and remove the parking areas so that the Easement Property and the
(00385093.1306-9905263) 3
Grantor Property remain reasonably safe for the parking of vehicles and the
access to such vehicles by their operators.
b. City Duties. The City will keep the parking area free of debris. The City is
responsible for the repair of any damage caused by the storage or operation of
City heavy equipment, buses, recreational vehicles, or other oversized vehicles on
the Easement Property.
c. No City Duty. The City has no duty to remove or pay for removal of the
temporary parking improvements when the temporary use ends.
d. Performance. Subject to Sections 5(a) and (b), Grantor and Developer shall be
responsible to perform all Maintenance Obligations as reasonably necessary and
reasonably required hereby on or at the Easement Property.
e. Standard of Care. To the extent required to be performed by each of the parties
hereto as set forth in this Easement, all Maintenance Obligations shall be
performed in a good and workmanlike manner, and in compliance in all respects
with all applicable laws, rules, regulations and ordinances of all governmental
authorities having jurisdiction over the Grantor Property or the Easement
Property.
6. No Duties of Grantor or Developer. Neither Grantor nor Developer shall have any duty
to City whatsoever with respect to the Parking Easement or the Easement Property,
including no duty to provide to City any services whatsoever, except infrastructure
maintenance as required by, and subject to those limitations set forth in, Section 5.
Furthermore, neither Grantor nor Developer shall have any duty to City or any of City's
employees, agents, contractors, guests, or invitees to provide security or to monitor the
Grantor Property or the Easement Property in order to protect against injury to any person
or to safeguard or protect any vehicles or personal property of any such parties. Neither
Grantor nor Developer shall have any liability whatsoever for any injury to any person or
for any lost, stolen, or damaged property to City or any of City's employees, agents,
contractors, guests, or invitees. City and City's employees, agents, contractors, guests,
and invitees assume all risk of injury to any person and loss (including, but not limited to
theft) and damage to any of their respective vehicles or other personal property, and City,
on its own behalf and on behalf of City's employees, agents, contractors, guests, or
invitees, agrees to hold Grantor and Developer harmless from and against any and all
damages in connection with the Parking Easement including, but not limited to,
consequential damages, arising with respect to the matters set forth in this Easement.
Neither Grantor nor Developer shall have any obligation to assist (or to cause their
employees or agents to assist) City in collecting and/or removing any vehicles or personal
property of City or other Party from the Easement Property after the Parking Easement
has been terminated. Any vehicles or personal property left on the Easement Property
after termination of the Parking Easement shall be deemed to have been abandoned, and
Grantor or Developer may remove any such vehicles or personal property from the
Easement Property without any obligation to account to City or any other party with
respect thereto.
(00385093.1 306-9905263} 4
7. Indemnification. City agrees to indemnify and hold harmless Grantor, Developer, and
their respective members, managers, lenders (including any lender with a mortgage upon
the Grantor Property), attorneys, employees, and agents (the "Indemnified Parties") from
and against any damage, cost, or liability to the Indemnified Parties or the Indemnified
Parties' property (including the Grantor Property) caused by the use of the Parking
Easement granted herein or the exercise of any rights granted in connection with the
Parking Easement, unless such damage, cost or expense was caused by a failure of
Grantor or Developer to maintain the infrastructure as required by Section 5 or the
negligence or willful misconduct of the Indemnified Party. Nothing in this paragraph
shall be interpreted as a waiver of City's sovereign immunity or the limitations of liability
set forth in Sec. 768.28, Florida Statutes.
8. Default.
a. Default. If City shall be in default under any of the obligations applicable to it as
set forth in this Easement for 72 hours after receipt of written notice of default(or
such lesser time in the event of an emergency) given by Grantor or Developer, or
if such default shall be of such a nature that the same cannot practicably be cured
within such 72 hour period and City shall not within such period commence the
curing of such default and thereafter with due diligence complete the curing of
such default, then Grantor and/or Developer may take appropriate steps to cure
such default. City shall, following the demand (which shall be accompanied by
appropriate supporting documentation), reimburse the Grantor and/or Developer
for the City's share of the costs and expenses reasonably paid or incurred by
Grantor and/or Developer in the exercise of such rights.
b. Standard of Care for Self-Help. Any acts which the Grantor or Developer shall
perform or cause to be performed in exercise of its self-help and cure rights under
this Section 8 shall be performed with the same standards of care, diligence and
workmanship as if such acts were being performed or caused to be performed by
City pursuant to its obligations or duties hereunder.
9. Estoppel Certificate. City shall, without charge, at any time, and from time to time,
within ten (10) days after request therefor, certify by written instrument duly executed,
acknowledged and delivered to or for the benefit of any existing or prospective tenant,
buyer, or mortgagee of the Grantor Property (or any portion thereof), specify:
a. That this Easement is unmodified and in full force and effect (or if there has been
a modification, that the Easement is in full force and effect as modified and
stating the modification);
b. Whether or not there are any existing defaults under this Easement and if so,
specifying such defaults; and
c. Such other pertinent information as the requesting party may reasonably request.
{00385093.1 306-99052631 5
10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-
insurance or shall otherwise obtain insurance coverages, as described in Exhibit "D",
with admitted insurers authorized to do business in the State of Florida and which are
rated "A-/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto (or if
there is none, a rating organization having a national reputation); upon Grantor's or
Developer's request, City shall provide to Grantor and Developer a copy of each such
policy or a certificate of insurance. Furthermore, any policy of insurance maintained by
City in connection with the Easement Property shall provide that written notice shall be
given to all insured parties, additional insured parties, and holders of certificates of
insurance at least thirty (30) days prior to suspension, cancellation, termination,
modification, non-renewal or lapse or material change of coverage. Subject to applicable
law, in no event shall the limits of any insurance policies (or the City's election to self-
insure as to any risks in connection with the Easement Property) limit the liability of City
under this Easement.
11. Miscellaneous.
a. The intended and primary use of the Easement Property is for City employee, City
invitees, and general public parking, and such use will have priority over other
uses unless a like number and quality of alternative parking is provided at a
location reasonably agreed to by the City in accordance with the terms of this
Easement. The exercise of the rights and privileges granted hereby shall be
exercised in a manner which does not unreasonably interfere with or disrupt the
normal use, business or occupation of the Project or any improvements located or
to be located on the Grantor Property or the Easement Property.
b. All provisions of this Easement and the easement rights hereunder shall run with
the land and shall be binding upon Grantor and its successors and assigns. The
Grantor Property shall hereafter be held, sold, conveyed, operated and leased
subject to the easements, restrictions, covenants and conditions contained in this
Easement.
c. All notices, demands, requests or other communications required hereunder shall
be in writing and sent by recognized express courier (such as FedEx or United
Parcel Service) or via United States registered, certified mail, postage prepaid,
return receipt requested, addressed to each party hereto, as the case may be, at the
address first hereinabove provided or such other address as any party may from
time to time designate in writing to the other.
d. This Easement shall be governed by and construed in accordance with the laws of
the State of Florida. Venue of any litigation or administrative proceeding shall be
exclusively in Palm Beach County, Florida. The prevailing party in any litigation
arising from the terms of this Easement shall be entitled to recover its reasonable
attorneys' fees, both at trial and on appeal, as well as court costs, from the non-
prevailing party.
(00385093.1306-9905263} 6
e. The captions used in this Easement are solely for the convenience of reference
and shall not in any way limit or amplify the terms and provisions hereof.
f. This Easement may be executed in counterparts, each of which will be deemed an
original as against any party whose signature appears hereon, and all of which
shall constitute one and the same agreement.
g. This Easement may not be terminated, modified or amended except as provided
herein or as otherwise agreed to in a written document executed by the parties
hereto or their respective successors in interest.
h. Any invalidity of any of the terms and conditions or provision of this Easement by
judgment, court order or otherwise shall not affect any of the other terms,
conditions or provisions of this Easement.
i. A like Easement Agreement will be executed contemporaneously with this
Agreement by the parties to address additional temporary parking on JKM BTS
North,LLC property.
j. City shall not be liable or responsible to Grantor beyond the monetary limits
specified in Ch. 768.28, Fla. Stat., regardless of whether said liability be based in
tort, contract, indemnity or otherwise; and in no event shall City be liable to
Grantor for punitive or exemplary damages or for lost profits or consequential
damages.
[SIGNATURES AND ACKNOWLEDGEMENTS APPEAR ON THE
FOLLOWING PAGES]
100385093 I 306-9905263) 7
IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day
and year first written above.
Grantor:
Signed, sealed and delivered in the presence JKM BTS Central, LLC, a Florida limited
of:
liability company
c,
Witness#1 III)
By: JKM BTS Capital, LLC, a Florida
Printed Name: b6' L. iftittbai0 limited liability company, its
Manager
*k. - 11\iQ yc\ /14�--
Witnes #2 By:
Printed Name: 1 v y V,\lQ►\ Adam P. Freedman, Manager
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of physical presence or ❑
online notarization, this' '1 day of August, 2020, by Adam P. Freedman, as Manager of JKM
BTS Capital, LLC, a Florida limited liability company, as Manager of JKM BTS Central, LLC, a
Florida limited liability company, on behalf of such company, who (els personally known to
me or(p produced as identification.
C-j54_.ct RVIR:ctrvutA-
NOTARY PUB�IC tate of Florida
uc 't-( t);an QA-1—
Print Name
My Commission expires: ( l"t f 26 z3
Serial No.: cc -3(o'S4tS
(SEAL)
g,.•,:, ANGELA
R.PI
CKr
GG 310593
LIRES:
. ` MYCOMMISSION#April 17,2023
'' Fl.10' INdTMru Notary pt e
{00385093 1 306-9905263) 8
Developer:
Signed, sealed and delivered in the presence
of:
JKM BTS Capital, LLC, a Florida limited
Witness#1 liability company
Printed Name: V I ')t) L, Fv‘e Ute( ° By: � , F
Y "
(/
AVM Adam P. Freedman, Manager
Witness�k2
?f
Printed Name: 1 V\.( V.AutvtA
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of(61,physical presence or ❑
online notarization, this day of August, 2020, by Adam P. Freedman, as Manager of JKM
BTS Capital, LLC, a Florida limited liability company, on behalf of such company, who 4 )-is
personally known to me or U produced as
identification.
OLcL(9 Ci.e\s_A (
NO ARY PUB Cr�tate of Florida
CSS(-LS -1' CSS
Print Name
My Commission expires: �( 11 I ZO .3
Serial No.: QC:..3 t 0 S'q;3
(SEAL)
Y P••• ANGELA R.PICKETT
MY COMMISSION#GG 310593
EXPIRES: 17,
Bonded Thru NotaryApril Publ{c Undsr2023wrtters
{00385093.1306-9905263) C)
Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,
FLORIDA, a political subdivision of the
Llk tILLktlt_l &A State of Florida ,�;*"',y '
Witness#1 _Tr ,,t\ -9-'-
Printed Name: O 'h'e rl n r le ri ��' I 4' `' t.Oa
Y�
Steven B. Grant, M y 1: ,43 ry0
Witness#2 pe,',;.-.4,,, u `A i 4
Printed Name: SHAYLA ELLIS - 7^4' Y
Attest: ,� 'fir, '' ',;';*.. .... .e.
4k
'y,,'t,�''',,,. .1:!,'
,,.
APPROVED TO FORM: itg r
vCl /,� r�/ /
N e:CRYSTAT. GTRSON, MMC
,5c-sl.. CITY ATTORNEY Title: City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of Vphysical
presence or ❑ online notarization, this 10 day of 'C ' 2020, by Steven B. Grant, as Mayor
of the City of Boynton Beach, Florida, a political subdivision of the State of Florida, who ( s
personally known to me or C) produced as
identification.
/
[Notary Seal] _i•,'AA.— 001...._,AAI .,
Notary Public Tammy . tanzione
O..• •.(' TAMMY L STAN2lONE Printed Name:
2 n
* , , Commission#GG 306158 My commission expires:3— — 3
0, Cr Expires March 25,2023
ylcoF fL°P Borded Thru Budget Notary Services
_,,,,; 10
EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTOR PROPERTY
Parcel 3, Boynton Beach Town Square, according to the plat thereof as recorded
in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida.
{00385093.1306-9905263}
11
EXHIBIT "B"
LEGAL DESCRIPTION OF SOUTH PARCEL
Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded
in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida.
100385093.1306-9905263
12
EXHIBIT "C"
LEGAL DESCRIPTION OF EASEMENT PROPERTY
A parcel of land being a portion of Parcel 3, BOYNTON BEACH TOWN SQUARE,
according to the Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records
of Palm Beach County, Florida. Being more particularly described as follows:
Commencing at the Northwest corner of said Parcel 3;
Thence North 89°39'57" East (as a basis of bearings), a distance of 42.87 feet to the
POINT OF BEGINNING;
Thence continue North 89° 39' 57" East, a distance of 71.32 feet;
Thence North 00° 20' 03" West, a distance of 9.86 feet;
Thence North 89° 39' 57" East, a distance of 56.71 feet;
The previous four courses and distance being coincident with the Northerly limits of said
Parcel 3;
Thence South 00°20' 03" East, a distance of 239.04 feet;
Thence South 89° 40' 29" West, a distance of 128.04 feet to a point lying 42.87 feet East
of and parallel with(as measured at right angles)the West line of said Parcel 3;
Thence North 00° 20' 03" West along said parallel line, a distance of 229.16 feet to the
POINT OF BEGINNING.
Said lands situate, lying and being Section 28, Township 45 South, Range 43 East, City
of Boynton Beach, Palm Beach County, Florida.
Containing 29902 square feet more or less.
(00385093.1 306-99052631
13
EXHIBIT "D"
Insurance Coverage
Automobile Liability
Bodily injury and property damage liability covering all owned, non-owned and hired
automobiles for limits of not less than $500,000 bodily injury each person, each accident and
$500,000 property damage, or$500,000 combined single limit each occurrence/aggregate.
Commercial General Liability
Bodily injury and property damage liability as shall protect the City or Grantor from claims of
bodily injury or property damage which arise from the use of the Easement. The amounts of such
insurance shall be $2,000,000 per person, $2,000,000 per occurrence, and a general aggregate
limit of$5,000,000.00. This insurance shall include coverage for products/completed operation,
personal injury liability and contractual liability assumed under the indemnity provision of this
Easement.
Workers' Compensation Insurance
Meeting the statutory requirements of Florida and Employer Liability of$1,000,000 per accident
limit, $1,000,000 disease per policy limit, $1,000,000 disease each employee limit, providing
coverage for employees and owners.
Professional Liability Insurance
In an amount of not less than $2,000,000 each claim and $2,000,000 aggregate.
{00385093.1 306-9905263{
14
CONSENT TO EASEMENT
BI 58 LLC, a Florida limited liability company ("Mortgagee"), is the holder of that
certain Mortgage and Assignment of Leases and Rents, recorded in Official Records Book
31110, Page 1715 of the Public Records of Palm Beach County, Florida (the "Mortgage"), upon
the Property described therein. Mortgagee hereby consents to the granting of the covenants,
restrictions and easements set forth in the foregoing Easement as described in the foregoing
instrument.
IN WITNESS WHEREOF, Mortgagee has executed this Consent to Easement this
1S* day of ' .:_. , 2020.
befBI 58 LLC,
a Florida limited liability company
Signed, sealed and delivered
By:
Name: /k jam.X tfor4
Its: 111 u -za r
WZotcP--6
s
Print Name
Witn ss
Witt/105
Print Name
STATE OF FLORIDA
COUNTY OF IJ 1am bade
The foregoing instrument was ackno le•.ed before me by means of [r physical presence or I=1online notarization, this I •.s' day of _' ,• 20 by AI(% 1-161(11 , as Manager of
BI 58 LLC, a Florida limited liability company, on behalf of such company, who gis personally
known to me or(j produced as identification.
74' MEGAN MCKENTY �1
ID!
' Notary Public-Scace o!Florida / n /le
`� Commhsian C GG 984108 C
i ° , '
.,or�;; My COMM.Expires May 4,2024
&nom through National Notary Assn. ► Public
My Commission expires: 5/44/202y
{00385092.1306-9905263) 1 5
PREPARED BY AND RETURN TO:
Stephen J.Grave de Peralta, Esq.
PG Law
5030 Champion Blvd.
Suite G11-281
Boca Raton, Florida 33496
561.325.6510
Parcel II)
TEMPORARY PARKING EASEMENT AGREEMENT
THIS TEMPORARY PARKING EASEMENT AGREEMENT (this "Easement") is made and
executed as of 'nOV \()2020, by and between JKM BTS North, LLC, a Florida limited
liability company, having an address at 2300 Glades Road, Suite 202E, Boca Raton, Florida
33431 ("Grantor") and JKM BTS Capital, LLC, a Florida limited liability company, having
an address at 2300 Glades Road, Suite 202E, Boca Raton, Florida 33431 ("Developer"), and
The City of Boynton Beach, Florida, a political subdivision of the State of Florida, 100 East
Ocean Avenue, Boynton Beach, FL 33435 ("City").
WITNESSETH:
WHEREAS, Grantor and Developer are affiliates and direct or beneficial parties to a
March 19, 2018, Development Agreement with the City, and Grantor is the owner of certain
property located in Boynton Beach, Palm Beach County, Florida described on Exhibit "A"
attached hereto and made a part hereof(the"Grantor Property"); and
WHEREAS, the Grantor Property, pursuant to the Development Agreement, will be
improved by Developer with a residential and/or mixed-use project, together with a parking
structure (the "Project"), and will be occupied by tenants to reside or conduct business therein;
and
WHEREAS, the temporary parking spaces provided by this Agreement and a like
Easement Agreement with JKM BTS Central, LLC, a Florida limited liability company, are
intended to satisfy the temporary parking which Developer may hereafter be required to provide
to the City with respect to the parking structure (the "South Garage") to be constructed upon
certain property located in Boynton Beach, Palm Beach County, Florida described on Exhibit
"B" attached hereto and made a part hereof (the "South Parcel") pursuant to the Developer's
Agreement, without releasing or modifying any of Developer's other contingent obligations to
provide temporary parking as referenced therein; and
•
t 00385092.1306-99052631 I
WHEREAS, Grantor and Developer desire to establish, create and grant for the benefit
of, and as a burden upon, the Grantor Property, a temporary exclusive easement for use by City
over and across the portion of the Grantor Property as described in Exhibit "C" attached hereto
and made a part hereof (the "Easement Property") for the purposes and upon the terms and
conditions as set forth herein, for the benefit of City; the Easement Property, together with an
easement across adjacent property owned by another affiliate of Grantor and Developer (the
"Adjacent Property") or any alternative parking arranged at another location (any such location
or locations, collectively, "Alternative Property") by Grantor with the consent of City (which
consent shall not be unreasonably withheld), is intended to provide at least 300 parking spaces
for use by the City as set forth in this Easement; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
heretofore made, and in satisfaction of the requirement to provide temporary parking under the
Development Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties hereto, Grantor and City hereby
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this
Easement by reference in their entirety.
2. Parking Easement.
a. Parking Easement. Grantor and Developer hereby establish, create and grant to
the City a temporary, exclusive easement for parking on the parking areas
constructed and existing from time to time within the Easement Property (the
"Parking Easement"). Grantor establishes, creates and grants the Parking
Easement for City to use, without payment of any fee or charge, the Easement
Property for the intended purposes as set forth in this Easement. For the
avoidance of doubt, the Parking Easement only includes the Easement Property
and does not include any right to use or enter upon any portion of the Grantor
Property outside of the Easement Property.
b. Right to Modify, Remove or Relocate Parking Easements. Grantor and
Developer shall have the right, at any time and from time to time, upon 90 days
prior written notice to City, to modify, remove and relocate all or any portion of
the Parking Easement described herein to another location, with the consent of the
City (which consent shall not be unreasonably withheld), within the Grantor
Property (or to an Alternative Property owned by Grantor or Developer or to an
Alternative Property procured by Grantor or Developer), provided in all events
that the City is provided the use of at least 300 spaces when taking into account
spaces provided by or procured by Grantor, Developer, or their affiliates at the
Grantor Property,the Adjacent Property, and any Alternative Property.
c. Termination. The Parking Easement shall be terminated, upon at least ten (10)
business days prior written notice, at such time as Developer or its affiliate has
completed construction and obtained a certificate of occupancy of the South
Garage or at such time as Grantor shall have provided (either itself, through one
(00385092.1306-9905263) 2
of its affiliates, or through a third party) alternative parking arrangements
consented to by the City (which consent shall not be unreasonably withheld) until
such time as the South Garage can be completed. Following termination of the
Parking Easement and conditioned on the availability of alternative parking
subject to terms and conditions reasonably comparable to those set forth in this
Easement, City shall cease using the Easement Property for parking, and the City
will enter into an agreement terminating this Easement and all rights hereunder.
d. No Assignment or Transfer. The Parking Easement may not be assigned or
transferred by City. Any attempted assignment or transfer of the Parking
Easement or any rights granted herein shall be null and void and shall be deemed
a violation of the Parking Easement.
3. Prohibited Use. The intended use of the Easement Property is for parking of typical
passenger vehicles by City employees, their invitees, and the general public in connection
with business with the City or attending civic events; for the avoidance of doubt, the City
shall not use or park any heavy equipment, buses, recreational vehicles, or other
oversized vehicles within the Easement Property. The City will use its best efforts to
prohibit or limit any use not consistent with the intended use. The City will not use the
Easement Property to stage any civic or social events. City shall be prohibited from using
the Easement Property in violation of any law or for any purpose other than use of the
Parking Easement. The City will establish and enforce reasonable restrictions assure that
minors are permitted on the easement property only when accompanied by an adult and
that animals are prohibited on the easement property except when on leash or other
physical halter. The City will mark or sign the walkways from the parking lots to City
facilities to enhance safety and minimize foot-traffic movement onto adjacent Grantor or
Developer properties. Subject to applicable governmental requirements and approvals,
and with the consent of City (which consent shall not be unreasonably withheld), Grantor
and/or Developer may post signs on the Grantor Property and/or the Easement Property
setting forth the rules and restrictions for the use of the Easement Property consistent
with the terms of this Easement, and the prohibition of use of portions of the Grantor
Property other than the Easement Property.
4. Use by Grantor. Grantor or Developer may continue to use the Easement Property and
all other portions of the Grantor Property for any lawful purposes that do not
unreasonably interfere with the easement rights granted herein, including the right to
improve the easement areas, which improvements may include parking, paving,
sidewalks, lighting, landscaping, green spaces, recreational areas, drive aisles for motor-
vehicles, and construction of the Project. City shall not interfere in any manner with
Grantor's or Developer's operations and activities upon the Easement Property.
5. Maintenance.
a. Definition of Maintenance Obligations. The term "Maintenance Obligations"
means any and all obligations to maintain, safeguard, upkeep, operate, repair,
replace and remove the parking areas so that the Easement Property and the
{00385092.1306-9905263) 3
Grantor Property remain reasonably safe for the parking of vehicles and the
access to such vehicles by their operators.
b. City Duties. The City will keep the parking area free of debris. The City is
responsible for the repair of any damage caused by the storage or operation of
City heavy equipment, buses, recreational vehicles, or other oversized vehicles on
the Easement Property.
c. No City Duty. The City has no duty to remove or pay for removal of the
temporary parking improvements when the temporary use ends.
d. Performance. Subject to Sections 5(a) and (b), Grantor and Developer shall be
responsible to perform all Maintenance Obligations as reasonably necessary and
reasonably required hereby on or at the Easement Property.
e. Standard of Care. To the extent required to be performed by each of the parties
hereto as set forth in this Easement, all Maintenance Obligations shall be
performed in a good and workmanlike manner, and in compliance in all respects
with all applicable laws, rules, regulations and ordinances of all governmental
authorities having jurisdiction over the Grantor Property or the Easement
Property.
6. No Duties of Grantor or Developer. Neither Grantor nor Developer shall have any duty
to City whatsoever with respect to the Parking Easement or the Easement Property,
including no duty to provide to City any services whatsoever, except infrastructure
maintenance as required by, and subject to those limitations set forth in, Section 5.
Furthermore, neither Grantor nor Developer shall have any duty to City or any of City's
employees, agents, contractors, guests, or invitees to provide security or to monitor the
Grantor Property or the Easement Property in order to protect against injury to any person
or to safeguard or protect any vehicles or personal property of any such parties. Neither
Grantor nor Developer shall have any liability whatsoever for any injury to any person or
for any lost, stolen, or damaged property to City or any of City's employees, agents,
contractors, guests, or invitees. City and City's employees, agents, contractors, guests,
and invitees assume all risk of injury to any person and loss (including, but not limited to
theft) and damage to any of their respective vehicles or other personal property, and City,
on its own behalf and on behalf of City's employees, agents, contractors, guests, or
invitees, agrees to hold Grantor and Developer harmless from and against any and all
damages in connection with the Parking Easement including, but not limited to,
consequential damages, arising with respect to the matters set forth in this Easement.
Neither Grantor nor Developer shall have any obligation to assist (or to cause their
employees or agents to assist) City in collecting and/or removing any vehicles or personal
property of City or other Party from the Easement Property after the Parking Easement
has been terminated. Any vehicles or personal property left on the Easement Property
after termination of the Parking Easement shall be deemed to have been abandoned, and
Grantor or Developer may remove any such vehicles or personal property from the
Easement Property without any obligation to account to City or any other party with
respect thereto.
{00385092.1306-9905263) 4
7. Indemnification. City agrees to indemnify and hold harmless Grantor, Developer, and
their respective members, managers, lenders (including any lender with a mortgage upon
the Grantor Property), attorneys, employees, and agents (the "Indemnified Parties") from
and against any damage, cost, or liability to the Indemnified Parties or the Indemnified
Parties' property (including the Grantor Property) caused by the use of the Parking
Easement granted herein or the exercise of any rights granted in connection with the
Parking Easement, unless such damage, cost or expense was caused by a failure of
Grantor or Developer to maintain the infrastructure as required by Section 5 or the
negligence or willful misconduct of the Indemnified Party. Nothing in this paragraph
shall be interpreted as a waiver of City's sovereign immunity or the limitations of liability
set forth in Sec. 768.28, Florida Statutes.
8. Default.
a. Default. If City shall be in default under any of the obligations applicable to it as
set forth in this Easement for 72 hours after receipt of written notice of default (or
such lesser time in the event of an emergency) given by Grantor or Developer, or
if such default shall be of such a nature that the same cannot practicably be cured
within such 72 hour period and City shall not within such period commence the
curing of such default and thereafter with due diligence complete the curing of
such default, then Grantor and/or Developer may take appropriate steps to cure
such default. City shall, following the demand (which shall be accompanied by
appropriate supporting documentation), reimburse the Grantor and/or Developer
for the City's share of the costs and expenses reasonably paid or incurred by
Grantor and/or Developer in the exercise of such rights.
b. Standard of Care for Self-Help. Any acts which the Grantor or Developer shall
perform or cause to be performed in exercise of its self-help and cure rights under
this Section 8 shall be performed with the same standards of care, diligence and
workmanship as if such acts were being performed or caused to be performed by
City pursuant to its obligations or duties hereunder.
9. Estoppel Certificate. City shall, without charge, at any time, and from time to time,
within ten (10) days after request therefor, certify by written instrument duly executed,
acknowledged and delivered to or for the benefit of any existing or prospective tenant,
buyer, or mortgagee of the Grantor Property (or any portion thereof), specify:
a. That this Easement is unmodified and in full force and effect (or if there has been
a modification, that the Easement is in full force and effect as modified and
stating the modification);
b. Whether or not there are any existing defaults under this Easement and if so,
specifying such defaults; and
c. Such other pertinent information as the requesting party may reasonably request.
(00385092.1306-9905263( 5
10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-
insurance or shall otherwise obtain insurance coverages, as described in Exhibit "D",
with admitted insurers authorized to do business in the State of Florida and which are
rated "A-/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto (or if
there is none, a rating organization having a national reputation); upon Grantor's or
Developer's request, City shall provide to Grantor and Developer a copy of each such
policy or a certificate of insurance. Furthermore, any policy of insurance maintained by
City in connection with the Easement Property shall provide that written notice shall be
given to all insured parties, additional insured parties, and holders of certificates of
insurance at least thirty (30) days prior to suspension, cancellation, termination,
modification, non-renewal or lapse or material change of coverage. Subject to applicable
law, in no event shall the limits of any insurance policies (or the City's election to self-
insure as to any risks in connection with the Easement Property) limit the liability of City
under this Easement.
11. Miscellaneous.
a. The intended and primary use of the Easement Property is for City employee, City
invitees, and general public parking, and such use will have priority over other
uses unless a like number and quality of alternative parking is provided at a
location reasonably agreed to by the City in accordance with the terms of this
Easement. The exercise of the rights and privileges granted hereby shall be
exercised in a manner which does not unreasonably interfere with or disrupt the
normal use, business or occupation of the Project or any improvements located or
to be located on the Grantor Property or the Easement Property.
b. All provisions of this Easement and the easement rights hereunder shall run with
the land and shall be binding upon Grantor and its successors and assigns. The
Grantor Property shall hereafter be held, sold, conveyed, operated and leased
subject to the easements, restrictions, covenants and conditions contained in this
Easement.
c. All notices, demands, requests or other communications required hereunder shall
be in writing and sent by recognized express courier (such as FedEx or United
Parcel Service) or via United States registered, certified mail, postage prepaid,
return receipt requested, addressed to each party hereto, as the case may be, at the
address first hereinabove provided or such other address as any party may from
time to time designate in writing to the other.
d. This Easement shall be governed by and construed in accordance with the laws of
the State of Florida. Venue of any litigation or administrative proceeding shall be
exclusively in Palm Beach County, Florida. The prevailing party in any litigation
arising from the terms of this Easement shall be entitled to recover its reasonable
attorneys' fees, both at trial and on appeal, as well as court costs, from the non-
prevailing party.
{00385092.1306-99052631 6
e. The captions used in this Easement are solely for the convenience of reference
and shall not in any way limit or amplify the terms and provisions hereof.
f. This Easement may be executed in counterparts, each of which will be deemed an
original as against any party whose signature appears hereon, and all of which
shall constitute one and the same agreement.
g. This Easement may not be terminated, modified or amended except as provided
herein or as otherwise agreed to in a written document executed by the parties
hereto or their respective successors in interest.
h. Any invalidity of any of the terms and conditions or provision of this Easement by
judgment, court order or otherwise shall not affect any of the other terms,
conditions or provisions of this Easement.
i. A like Easement Agreement will be executed contemporaneously with this
Agreement by the parties to address additional temporary parking on JKM BTS
Central,LLC property.
j. City shall not be liable or responsible to Grantor beyond the monetary limits
specified in Ch. 768.28, Fla. Stat., regardless of whether said liability be based in
tort, contract, indemnity or otherwise; and in no event shall City be liable to
Grantor for punitive or exemplary damages or for lost profits or consequential
damages.
[SIGNATURES AND ACKNOWLEDGEMENTS APPEAR ON THE
FOLLOWING PAGES]
(00385092.1 306-9905263} 7
IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day
and year first written above.
Grantor:
Signed, sealed and delivered in the presence JKM BTS North, LLC, a Florida limited
of:
liability company
Witness 1 By: JKM BTS Capital, LLC, a Florida
Printed Name: ' S I , , _ i, �` limited liability company, its
Manager
Witness#AZ By:
Printed Name:y\,`' ' t�p,'(ti�
Adam P. Freedman, Manager
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of E physical presence or ❑
online notarization, this" "'i day of August, 2020, by Adam P. Freedman, as Manager of JKM
BTS Capital, LLC, a Florida limited liability company, as Manager of JKM BTS North, LLC, a
Florida limited liability company, on behalf of such company, who ( f is personally known to
me or(J produced as identification.
•TARY PUBLIC, State of Florida
tie lG, l� Cn e*-
Print Name
My Commission expires: 4 111 l 2.O2 3
Serial No.: C 3I CESS
(SEAL)
��du ANGELA R.PICKETT
-''•, , MY COMMISSION#GG 310593
•.: 17,2023
• '° E�X�PI^R,Notary
App'
de Ihru C)P' In Ne
rmiters
{00385092.1 306-9905263t 8
Developer:
Signed, sealed and delivered in the presence
of:
(woe JKM BTS Capital, LLC, a Florida limited
Witness . 1
liability company
Printed Name: , a /A 1 - (�
By: n ' R-
X/ es Parr. Adam P. Freedman, Manager
Witn2
Printed Name: \Iv\y OitiQV\
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of Erphysical presence or 0
online notarization, this 1 0441 day of August, 2020, by Adam P. Freedman, as Manager of JKM
BTS Capital, LLC, a Florida limited liability company, on behalf of such company, who &Is
personally known to me or U produced as
identification.
CLLR
NOTARY PUBLIC, State of Florida
�4 q 'C nfL--- t—
Print Name
My Commission expires: 1-4 i 1--t( Za a
Serial No.: C;CC 3 1 a sG 3
(SEAL)
•t e;'n, ANGELA R.masa.,` MY COMMISSION#GG 31059-31
_: EXPIRES:April 17,2023 '�
iff !=
'?oNotary Public lhdermiters
100385092.1 306-9905263} 9
Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,
FLORIDA, a political subdivision of the
Oalitt4 L-k a/..L l State of Florida
Witness #1
Printed Name: of-Merl n e l' he.r51 ,A A Cif 4*
to
Steven B. Grant, Mayor '�' ' '',
Printed Name: SHAYLA ELLIS `Iw a ~
Attest: ryN ,k
r •
•yi • F.
APPROVED `•
��AS TO FORM: CJ •' -, ••""'fY`
yvw N e:CRYSTAL GIBSON, MM( .' ' r
ors- CITY ATTORNEY Title: City Clerk "{'
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of LV physical
presence or ❑ online notarization, this \d day of 'C1p\j , 2020, by Steven B. Grant, as Mayor
of the City of Boynton Beach, Florida, a political subdivision of the State of Florida, who (ls
personally known to me or C) produced as
identification.
[Notary Seal] - All ia. . � s' • _At
Notary Public Tam L. Stanzione
Printed Name:
� .P�B�c TAMMY L STANZIONE Mycommission expires: -..�J
=o
a t f Commission#GG 306158
Expires March 25,2023
s" -off Bonded TNv Budget Wag Swvices
(00385092.1 306-99052631 10
EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTOR PROPERTY
Parcel 2, Boynton Beach Town Square, according to the plat thereof as recorded
in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida.
{00385092.1 306-99052631 11
EXHIBIT "13"
LEGAL DESCRIPTION OF SOUTH PARCEL
Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded
in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida.
(00385092 1 306-9905263( 12
EXHIBIT "C"
LEGAL DESCRIPTION OF EASEMENT PROPERTY
A parcel of landing being a portion of Parcel 2, BOYNTON BEACH TOWN SQUARE,
according to the Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records of Palm
Beach County, Florida. Being more particularly described as follows:
Commencing at the Southwest corner of said Parcel 2;
Thence North 00°20'03" West (as a basis of bearings) along the Westernmost West line of said
Parcel 2, a distance of 30.30' to the POINT OF BEGINNING;
Thence continue North 00° 20' 03" West along said Westernmost West line, a distance of 24.00
feet;
Thence North 89° 40' 29" East, a distance of 29.40 feet to a point lying 5.00 feet East of and
parallel with(as measured at right angles)the Easternmost West line of said Parcel 2;
Thence North 00° 19' 56" West along said parallel line, a distance of 262.00 feet;
Thence North 89°40' 29" East, a distance of 247.13 feet;
Thence North 00° 19' 31" West, a distance of 16.47 feet to a point being on the North line of said
Parcel 2;
Thence North 89° 16'40" East along said North line, a distance of 33.45 feet;
Thence South 00° 19' 31" East, a distance of 21.70 feet to the point of curvature of a circular
curve to the right;
Thence Southerly and Westerly along the arc of said curve having a radius of 40.00 feet, a
central angle of 67°19'05, for a distance of 47.00 feet;
Thence South 00° 19' 56" East, a distance of 220.09 feet;
Thence North 89° 40' 29" East, a distance of 161.08 feet to a point being on the East line of said
Parcel 2;
Thence South 01°22' 45" East along said East line, a distance of 24.00 feet;
Thence South 89°40' 29" West, a distance of 15.11 feet;
Thence South 00°20' 03" East, a distance of 20.37 feet;
Thence South 89° 39' 57" West a distance of 56.71 feet;
Thence South 00°20' 03" East, a distance of 9.86 feet;
Thence South 89° 39' 57" West, a distance of 71.32 feet;
Note: The proceeding three courses and distance coinciding with the Southern limits of said
Parcel 2;
Thence North 00° 20' 03" West, a distance of 30.25 feet;
Thence South 89°40' 29" West, a distance of 303.76 feet to the POINT OF BEGINNING.
Said lands situate, lying and being Section 28, Township 45 South, Range 43 East, City of
Boynton Beach, Palm Beach County, Florida. Containing 1.89 acres more or less.
(00385092.1306-9905263( 13
EXHIBIT "D"
Insurance Coverage
Automobile Liability
Bodily injury and property damage liability covering all owned, non-owned and hired
automobiles for limits of not less than $500,000 bodily injury each person, each accident and
$500,000 property damage, or$500,000 combined single limit each occurrence/aggregate.
Commercial General Liability
Bodily injury and property damage liability as shall protect the City or Grantor from claims of
bodily injury or property damage which arise from the use of the Easement. The amounts of such
insurance shall be $2,000,000 per person, $2,000,000 per occurrence, and a general aggregate
limit of$5,000,000.00. This insurance shall include coverage for products/completed operation,
personal injury liability and contractual liability assumed under the indemnity provision of this
Easement.
Workers' Compensation Insurance
Meeting the statutory requirements of Florida and Employer Liability of$1,000,000 per accident
limit, $1,000,000 disease per policy limit, $1,000,000 disease each employee limit,providing
coverage for employees and owners.
Professional Liability Insurance
In an amount of not less than $2,000,000 each claim and $2,000,000 aggregate.
(00385092.1 306-99052631 14
CONSENT TO EASEMENT
BI 58 LLC, a Florida limited liability company ("Mortgagee"), is the holder of that
certain Mortgage and Assignment of Leases and Rents, recorded in Official Records Book
31110, Page 1715 of the Public Records of Palm Beach County, Florida (the "Mortgage"), upon
the Property described therein. Mortgagee hereby consents to the granting of the covenants,
restrictions and easements set forth in the foregoing Easement as described in the foregoing
instrument.
IN WITNESS WHEREOF, Mortgagee has executed this Consent to Easement this
�S day of gm 202r0.
BI 58 LLC,
a Florida limited liability company
Signed, sealed and delivered
By:
67/ Name: A PX n
Its: /1144 n u, r'
Witn ss
Print Name
Witness
-i'60 WiL144411.5
Print Name
STATE OF FLORIDA
COUNTY OF /
The foregoing instrument was acknowle s_e• yore me by means of 1!?(physical presence or ❑
online notarization, this 01 day of .vi. . , ' 020 by J11)( {-ern , as MOer of
BI 58 LLC, a Florida limited liability company, on behalf of such company, who ( s personally
known to me or(J produced as identification.
ImaldidiMEGAN MCX MTV
4 '' Notary Public-State of Florida
�, Commission t GG 98441 O8 / r4c
V My Cantu.Expires May 1,2024 `
9orce :nrcuy+%ancral!rotary assn. I N ; Public
My Commission expires: 5 )- 2024
(00385093.1 306-9905263)
15
GOREN CHEROF
Rachel L.Leach DOODY & EZROL P.A.
RLeach@GorenCherof.com ATTORNEYS AT LAW
October 21, 2020
VIA HAND DELIVERY
Ms. Lynn Swanson
Boynton Beach City Attorney's Office
100 E. Ocean Ave.
Boynton Beach, FL 33435
Re: Boynton Beach Town Square—Temporary Easements and Termination of Easements
Dear Lynn:
In connection with the above matter, Jim asked that I forward the following enclosed documents
to your attention:
1. Temporary Parking Easement Agreement—North Parcel;
2. Temporary Parking Easement Agreement—Central Parcel;
3. Termination of Temporary Construction and Parking Easement—BTS North Parcel;
4. Termination of Temporary Construction and Parking Easement—BTS Central Parcel;
5. Termination of Temporary Construction and Parking Easement—BTS South Parcel.
These are on the agenda for the November 3rd commission meeting and Jim would like you to
hold these for the Mayor's signature. Please call me with any questions. Thanks.
Sincerely,
achel L. Leach
Real Estate Paralegal
Encls.
(00408055.1306-99052631
3099 E.Commercial Blvd,Suite 200,Fort Lauderdale,Fl 33308
T 954-771-4500:561-276-9400 F 954-771-4923
www.GorenCherof.com
The City of Boynton Beach
City Clerk's Office
PO Box 310
A- Boynton Beach, FL 33425
Office: (561) 742-6060
1 "IV fie" fax: (561) 742-6090
r0 N e-mail: cityclerk@bbfl.us
www.boynton-beach.org
November 12, 2020
Steve Collins
President
Community Facility Partners
601 Carlson Parkway, Suite 1050
Minnetonka, MN 55305
Re: Resolution 20-093 Boynton Beach Town Square-Termination of Temporary
Construction and Parking Easement Agreement
Dear Mr. Collins:
Attached for your review are three original agreements and a copy of the Resolution mentioned
above. Once the agreements have been signed, please return the originals to the City Clerk's
Office for Central File.
Sincerely,
ours vriE (,I
Tammy Stanzione
Specialized Assistant
Attachments
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2020\R20-093 Boynton Beach Town Square-Temporary
Easements and Termination of Easements.doc
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