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83-FRESOLUTION NO. 83- F A RESOLUTION RELATING TO CONGRESS LAKES DEVELOPMENT COMMITMENTS FOR CONGRESS AVENUE ROAD IMPROVEMENTS. WHEREAS, developers of Congress La'kes have requested a modification in their development commitments for highway improve- ments iD the general area of Congress Avenue (Appendix "A"); and WHEREAS, representatives of the City of Boynton Beach and Palm Beach County have discussed this request and concluded that approving the request is a benefit to the City and the County and WHEREAS, action supporting this request is being ts'ken both by the City and the County; and WHEREAS, the City's request that the funds referred to in this Resolution be directed to State Road 804, between Congress AVenue and Military Trail; and WHEREAS, the Board of County Commissioners of Palm Beach County have agreed to committing the subject funds to State Road 804; and WHEREAS, if the terms of the attached Agreement (Appendi~ "B") are not met within one year (1 yr.), the original Congress Avenue development Agreements will be in effect. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED THAT THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA. Section 1. That the City Council approve the attached Agreement (Appendix "B")and the said Agreement be executed 'by the appropriate City Officials. Section 2. That the City Council finds the subject Agreement to be in the best public interest of the City of Boynton Beach and the County Road System. Page 1 of 2 Section 3. That the City Council finds this Agreement consistent with the intent of the Congress Lakes Rezoning and Annexation Petition, when considered in the context of recent Board of County Commission approvals for reconstruction of Congress Avenue between N. W. 22nd Avenue and Hypoluxo Road. PASSED AND ADOPTED THIS j~-- day of 1983. CITY OF BOYNTON BEACH, FLORIDA uncil r ATTEST:  ~~ity Clerk (Corp. Seal) Page 2 of 2 ..ION C. MO'fl.[ u .JOHN F'. F'I..~NIG~N -- .- HA,q'TIN V. K,~'T~ AugUst 4, 1982 Mr. Charles R. Walker, Jr. 'P.E. Director Traffic Division Palm Beach County Engineering and Public Works P.O. Box 2429 West Palm Beach, FL 33402 Dear Mr. Walker: I am writing to you on behalf of my client, Riteco Develop- ment 'Corp. in connection with the proposed four-!aning of Congress Avenue. In our discussions, you have indicated that state fun~s are available for extending the four-laning of Congress Avenue northward from its presen~ project termination point. As Riteco has certain future obligations to four-lane portions of Congress Avenue in connection with its Sandhill and Congress Lake projects, you have inquirgd whether Riteco, in return, for some consideration· might be willing to advance construction funds at this time to help the County match the state funds. This letter responds to your-inquiry. % As you know, Riteco has obligations with respect to the Sandhill project, relating to (!) the installation of a traffic s~gna! at the intarsection of N.W. 22nd Avenue and Congress Avenue, (2) the prov~ment of the intersection of Congress Avenue and N.W. 22nd Avenue and (3) the four-laninq of Congress Avenue from the present north end ~... project termination point to-the south right-of-way line of canal L-21. These commitments are contained in an Agreement between Riteco and the County dated August !, 1978, and modified in an Addendum dated January 22, 1980. The~e obligations are for a specific dollar amount with regard to each of the a' Riteco. hove' numerated items, if not done by Riteco is also currently in the process of having the property for the Congress Lakes project annexed into the City of Boynton Beach. One o'f the conditions-of this annexation would be an ob!i- gation to four-lane Congress Avenue from the north right-of-way line of canal L-20 to the south right-of-way line of canal L-21, an . Obligation that, along with. certain improvements on N.W. 22nd Avenue, would satisfy its obligation for impact fees. We anticipate .that this annexation petition will be accepted by the City of Boynton Beach so that this obligation would become binding on Riteco. As noted.above, Riteco's obligations with respect to Congress Avenue under these various agreements will occur at some future , date, as tSese projects are developed and meet the triggering conditions.contained in the agreements. These triggering events are, at a minimum, at least several years off for both projects, so that payment of these obligations now would deprive Riteco of the use of funds it would otherwise have. Recognizing, however, that it would be to the advantage of both Riteco and"the Count~- to satisfy these obligations at the present time under mutualii~ acceptable, conditions, Riteco would propose the following: 1. In' lieu of the obligations described above, Riteco would pay to PaLm Beach 'County the sum of $74,000 with respect to the Sandhi!! project and. the sum of $200,000 with respect to the Congress Lakes project. 2. These payments would satisfy any and al! traffic or other impact development fee with respect to the development of these projects as presently proposed or as they may be amended (provided that no increase in density occurs). 3. The offer with respect to the Congress Lakes project. would be contingent on the acceptance of its annexation petition by the City of Boynton Beach. The present schedule calls for final approval by. the Boynton Beach City Council on October 5, 1982.~ 4. Upon acceptance .of this agreement by the County 'and subject to item No. 3, Riteco would deposit in escrow with its attorneys the sums .mentioned in item No. 1. Disbursements 'would then be made from that escrow fund with the exact 'timing of such disbursements to be worked out in further discussions with the County. We ~ust that this proposal is of interest to the County and we would be happy to meet with you to discuss it further or to work out the final details. Should you have any questions, please call. Sincerely yours, Thomas A. Sheehan, Iii ~TASIII/pp . cc: Wade Riley ~ ~:~' Howard'W. Riley, Jr. AGREEME~ FOR ROADWAY IMPROVEMENTS APPEND',[X '~B'~ THIS AGREEMENT, made this day of , 1983 by and between the CITY OF BOYNTON BEACH, a municipal corporation in the State of Florida, hereafter referred to as the "CITY" and .~ RITECO DEVELOPMENT CORPORATION, a Florida corporation, and JANET KNOX FIELD, as Trustee for Martha Rowe Field a/k/a Martha Field (now Martha Field Fite), and as Trustee for janet Knox Field (now Janet Field Riley a/k/a Janet Knox Field Riley), hereafter referred to collectively as "DEVELOPER". RECITALS W~IEREAS, DEVELOPER,. in conjunction with its Congress Lakes project, more particularly described in Exhibits A-1 and A-2, attached hereto, is obligated to the CITY to four-lane Congress Avenue from the north right-of-way line of Lake Worth Drainage DistriCt Canal Mo. 20 south to the south right-of-way line of Lake Worth Drainage Canal No. 21 or to pay for the cost of this improvement if the four-laning is done 'by another party by the time building permits for 600 units at Congress Lakes have been issued; and WHEREAS, the CITY AND DEVELOPER have determined that s modification of this obligation would 'be mutually advantageous, to both Parties; NOW, THEREFORE, in consideration of the mutual promises made to each other, the Parties agree as follows: 1. Within thirty (30) days of the execution of this Agreement, DEVELOPER will pay Two Hundred Thousand Dollars ($200,000) to 'be deposited in escrow, pursuant to the terms of Paragraph Three of this Agreement. 2. The CITY agrees that the payment of this Two Hundred Thousand Dollars ($200,000) .will relieve DEVELOPER of all o5! its o'bligations with respect to Congress Avenue arising from the Congress Lakes project. The CITY also agrees that, with the exceptio~ of DEVELOPER'S obligation for improving N.W. 22nd Avenue and'~ with the exception of ~hose turning lanes yet to be 'built to serve the project, as_set forth in the traffic study prepared by Daniel N. Murray & Associates dated August 27, 1981, payment of these monies will satisfy any and all traffic or other impact development fee(s) with respect to the development of the Congress project, by DEVELOPER, successors, assigns, or Lakes its transferees, as presently proposed or as it may be amended, pro- vided no increase in density results. 3. The monies referred to in Paragraph One of this Agreement will be held in escrow by Moyle, Jones & Flanigan, P.A., hereafter referred to as "ESCROW AGENT". The ESCROW AGENT may invest the escrowed funds in securities of the United States or any agency thereof, in savings or time deposits in institutions insured by an agency of the United States. Any interest earned on the escrowed funds shall go to DEVELOPER and may 'be disbursed as it is earned. So long as the ESCROW AGENT hereunder is not guilty of will_ ful malfeasance, the Parties hereto shall indemnify and hold[ said ESCROW AGENT harmless from all liability arising out of the ESCROW AGENT'S actions and duties hereunder, as ESCROW AGE~X.w~,. In the event of a dispute as to the ESCROW AGENT'S duties hereunder, the ESCROW AGENT may file an appropriate action for interpleader in the Circuit Court for the 15th Judicial Circuit in and for Palm Beach Ccunt~, Florida, with respect to the escrowed items and; in that event, the ESCROW AGENT s~all have no further duties or lia'bilities hereunder. The Party hereto determined not to be entitled to said deposit shall pay all reasonable costs and expenses of the ESCROW AGENT in connection therewith. 4. The Parties here'by direct the ESCROW AGENT to disburse the Two Hundred Thousand Dollars ($200,000) to Palm Beach County (the "County") within seven days after being furnished evidence of the completion of all the following conditions: Execution of the contract for the four-laning of Congress Avenue northward from the northerly "End of Project" station for County Project ~80/81 - 4005-301R point to Hypoluxo Road; b. The securing of a payment and performance bond insur- ±rig said completion of the £our-laning of that portion of Congress Avenue described in subsection a. above; and ~ c. Commencement of construction under the contract re- ferred to in subsection a. above° The County shall place the funds disbursed by the ESCROW AGE/~T to the County in an escrow account that will insure that i these funds will only be spent for design, right-of-way acquisition, construction, four-laning and intersection improvements on State Road 804 at and between Congress Avenue and Military Trail. 5. In the event the conditions set forth in Paragraph 4 a.- c. are not met within one (1) year of the date of execution of this Agreement, the ESCROW AGENT is hereby authorized to disburse the $200,000.00 to the DEVELOPER. The Parties agree that disbursement of monies under this Paragraph will reimpose those roadway improve- ment obligations on DEVELOPER that it had prior to entering into this Agreement. 6. This Agreement is contingent on the acceptance by the County of"the Agreement attached hereto as Exhibit "B". Should that agreement not be accepted by the County within 120 days of the execution of this Agreement, this Agreement will be null and void. In that event, the ESCROW AGENT shall return all the funds in the escrow account referred to in Paragraph Three of this obligations it had prior to entering into this Agreement. 7. The CITY agrees that it has no objection to the Agreement~ attached as Exhibit "B". 8. This Agreement constitutes, the entire Agreement between the Parties and may only be modified by subsequent, written in- strument(s) signed by both pa_rties. Page 3 9. Wherever herein the context so requires, the use of the singular shall include the plural, the use of masculine shall include the feminine or the neuter and the use of representative shall include trustee, receiver, executor, etc. 10. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 11. This instrument embodies the whole Agreement of the Parties and there are no promises, terms, conditions or obligations other than those herein contained. This Agreement shall superseded all previous communications, discussions, representations, advertise- ments, brochures, proposals or agreements, either verbal or written, between the Parties hereto and not herein contained. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the date above written. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: City Clerk Mayor (Corp. Seal) ATTEST: R!TECO DEVELOPMENT CORPOP~TION (Corp. Seal) Secretary Page 4 By: President JANET KNOX FIELD, TRUSTEE for Martha Rowe Field a/k/a Martha Field (now Martha Field Fire) and TRUSTEE for Janet Knox Field (now Janet Field Riley a/k~a Janet Knox Field Riley) By: JANET KNOX FIELD LEGAL DESCRIPTION The North 660 feet of the land in the Southeast quarter (SE1/4) of Section 18, Township 45 South, Range 43 East, lying East of the East line of property deeded by N.R. Field and wife to Sunny South Estates, Inc., by deed recorded in official Record Book 3206, Page 100, which line is described as follows: Commencing at the East 1,/4 corner of said Section 18, thence South 89°05'09"' West along the North line of the Southeast one-quarter (SE1/4) of said Section 18, a distance of 1351.46 feet to the Point of Beginning; thence South 01°44'21" West along a Line parallel with and 1350.0 feet (as measured at right ~angles) We'sterly of the East line of said Section 18, a distance of 1370.28 feet to the Southerly right-of-way of N.W. 22nd Avenue; thence .continue S6uth 01°44-'21'' West a distance of 1270.15 feet to a point~ on the North line of Section 19, Town- ship 45 So~th, Range 43 East, lying 1351.64 feet Westerly (as measured along the North line of said Section 19) from the Northeast corner of said Section 19; thence continue South 01°44'21'' West a distance of 1253.52 feet more or less to the North line of the Boynton Canal. Subject to right-of-way of Congres~ Avenue and also subject' to a_ll other rights-of-way and easements of record[ EXHIBIT "A-i" LEGAL DESCRIPTION Ail the land in the Southeast' Quarter (SE1/4) of Section 18-, Township-45 South, Range 43 East and in the Northeast Quarter (NE1/4) of Section 19, Township 45 South, Range 43 East; North of the Boynton Canal, less the North 660 feet thereof lying East of the East line of property deeded by N. R. Field and wife to Sunny.South Estates, Inc., by deed recorded in O/R Book 3206, Page 100, which line is described .as follows: Commencing at the East 1/4 corner of sa'id Section '18, thence South 89°05'0'9" West along the North line of the Southeast one-quarter (SE1/4) of said Section 18; a~distance of 1351.46 'feet to the Point of Beginning; thence South 0~°44.21. West along a line parallel with and 1350.0 feet (as measured at r'ight angles) Westerly of the East line of said Section 18, .a distance ~f 1370.28 feet to the Southerly right-of-way of N.W. 229d Avenue; thence continue South 01.°44.21. West a distance of 1270.15 feet to a point, on the No~th line of Section 19, .Township 45 South, Range 43 East, lying 1351.64 feet Westerly (as measure'd along 'the North line of said Section 19) from the Northeast c'orner of said Section '19; thence continue South 01°44'21'' West a dfstance of 1253.52 feet more or less to-the North line of the Boynton Canal-. Subject to right-of-way of Congress Avenue and N.W. 22nd Avenue. Also subject to all other Rights-of-Way easements of record. EXHIBIT "A-2" AGREEMENT FOR ROADWAY IMPROVEMENTS THIS AGREEMENT, made this day of , 198 , by and between the COUNTY OF PALM BEACH through the BOARD OF COUNTY COMMISSIONERS, hereafter referred to as the "COUNTY" and RITECO DEVELOPMENT CORPORATION, a Florida corporation, hereafter referred to as "DEVELOPER". RECITALS '~ WHEREAS, DEVELOPER, in conjunction with its Sandhill project, more particularly described in Exhibit A, attached hereto, is obligated to construct or pay for certain traffic improvements, with the timing of said obligations based on certain levels of traffic generated by 'the Sandhill project (hereafter referred to ~s the "traffic improvement obligations"); and WHEREAS, the traffic improvement obligations are set forth in Sections I through VI of an. agreement between the Parties dated August 1, 1978, as modified by agreement between the Parties dated January 22, 1980, copies of which are attached hereto as Exhibits B-1 and B-2 and incorporated herein; and WHEREAS, the COUNTY AND DEVELOPER have determined that a modification of these obligations would be mutually advantageous to both Parties; NOW, THEREFORE, in consideration of the mutual promises made to each other, the Parties agree as follows: 1. Within thirty (30) days of the execution of this Agreement, DEVELOPER will pay Seventy Four Thousand Dollars ($74,000) to be deposited in escrow, pursuant to the terms of Paragraph Three of this Agreement. 2. The COUNTY agrees that the payment of this Seventy Four Thousand Dollars ($74,000) will relieve DEVELOPER of all of its traffic improvement obligations arising from the Sandhill project, with the exceptions of those obligations set forth in Sections I, II, III, except for the traffic signal at the intersection of Congress EXHTBI~ ".B ~'' · ~venue and N.W. 22nd Avenue~ and IV,'of Exhibit B-i, as modified in Exhibit B-2 (hereafter referred to as the "retained traffic improve- ment obligations".). The COUNTY also agrees that, with the exception of the r~ained traffic improvement obligations, which shall remain as obligations of the DEVELOPER, payment of these monies will satisfy any and all traffic or other impact development fee(s) with respect to the development of the Sandhill project~ by DEVELOPER, its successors, assigns, or transferees, as ~esently proposed or as it may be amended, provided no increase in density r%sults. 3. The monies referred to in Paragraph One of this Agreement will be held in escrow by Moyle, Jones & Flanigan, P.A., hereafter referred to-as ,ESCR©W AGENT". The ESCROW AGENT may invest the escrowed funds in securities of the United States or any agency thereof, in savings or time deposits in institutions insured by an ~gency of the United States. Any interest earned on the escrowed funds shall go to DEVELOPER and may be disbursed as it is earned. So long as the ESCROW AGENT hereunder is not guilty of willful malfeasance, the Parties hereto shall indemnify and hold said ESCROW AGENT harmless from all liability arising out of the ESCROW AGENT'S actions and duties hereunder, aB ESCROW AGENT. In the event of a dispute as to the ESCROW AGENT'S duties hereunder,, the ESCROW AGENT may file an appropriate action for interpleader in the Circuit Court For the 15th Judicial-Circuit In And For Palm Beach County, Florida, with respect to the escrowed items and, in that event, the ESCROW AGENT shall have no further duties or liabilities hereunder. The Party hereto determined not to be entitled to said deposit shall pay all reasonable costs and expenses of the ESCROW AGENT in connection therewith. 4. The parties hereby direct the ESCROW AGENT to disburse the Seventy Four Thousand Dollars ($74,000) to the COUNTY within seven days after being furnished satisfactory evidence' of the completion of all of the following conditions: a. Execution of the contract for the four-laning of Congress Average northward from the northerly "End of Project" station for County Project #80/81 - 4005-301R point to Hypoluxo Road; b. The securing of a payment and performance bond insuring said completion of the four-laning of that portion of Congress Avenue described in subsection a. above; and c. Commencement of construction under the contrac~ referred to in subsection a. above. The COUNTY shall place the funds disbursed by the ESCROW AGENT to the COUNTY in an escrow account ~hat will insure that these funds will only be spent for design-; right-of-way acquisition, construction, four.-laning and intersection improvements on State ROad 804 at-and between Congress Avenue and Military Trail. 5. In the event the conditions set forth in Paragraph 4 a.-c. are not met within one (1) year of the date of execution of this agreement, the ESCROW AGENT is hereby authorized to disburse the $74,000.00 to the DEVELOPER. The Parties agree that disbursement: of monies under this Paragraph will reimpose those roadway improve- ment obligations on DEVELOPER that it had prior to entering into thi~ agreement. 6. This Agreement is contingent on the acceptance by the City of Boynton Beach (the "City") of the Agreement attached hereto as Exhibit "C", (hereafter the "Boynton Beach agreement"). Should this agreement not be accepted by the City within 120 days of the execution of this Agreement, this Agreement will be null and void. In that event, the ESCROW AGENT shall return all the funds in the escrow account referred to in Paragraph Three of this Agreement to DEVELOPER and DEVELOPER will retain those roadway obligations it ihad prior to entering into this agreement. 7. The COUNTY agrees that it has no objection to the Boynton Beach agreement. The COUNTY further agrees that any funds it receives pursuant to the provisions of the Boynton Beach agreement will be placed in an escrow account that will insure that these funds will only~be· spent for design, right-of-way acquisition, construction, four-laning and intersection improvements on State Road 804 at and between Congress Avenue and Military Trail. 8~ This Agreement constitutes the entire agreement between the Parties and may only be modified by subsequent, written instrument(s) signed by both Parties. -3- 9. Wherever herein the context so requires, the use of the singular shall include the plural, the use of masculine shall include {he feminine or the neuter and the use of representatiw~ shall include trustee, receiver, executor, etc. 10. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 11. This instrument embodies the whole agreement of the Parties and there are no promises, terms,%' conditionk or obligations other than those herein contained. This Agreement shall supersede all previous communications, discussions, representations, adver- tisements~'brochures, proposals or agreements, either verbal or written, between the Parties hereto and not herein contained. IN WITNESS WHEREOF, °the Parties hereto have set their hands and seals on the date above written. ATTEST: JOHN B. DUNKLE, CLERK PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk By: C HA I RMJ~N (SEAL) ATTEST: RITECO DEVELOPMENT CORPORATION (SEAL) Secretary By: PRESIDENT -4- LEC, AL DESCRIPTION A Tract of ]and lying in portions of Sections 17 and 20, Township 45 South, Range 43 East, Pal~.u:Beach County, Florida, more particularly described as follows: Commence at th~ Southwest corner of said Section 17; thence N89°O0'lg"E along the South line of said Section 17 for 50.06 feet; .thence Nl°44"39"E along the Easterly right of way linc of C,~ngresa Avenue that is 50.00 feet East and parallel to the West line of said Section 17, for 2566.00 feet; thence N89°O8'49"E along the Southerly right of way line of the Lake Worth Drainage District Canal ~,L-21 as recorded in Official Records Book 1732 at Page 612 of the Public Records ', of Palm Beach County, Florida and its ~asterly extension for 1364:21 feet to a point on a curve concave to the Southeast, bearing N81°29'17''W from the radius point of said curve; thence along the center, line of the Lake Worth Drainage District Equalizing Canal E-4'as recorded in Official Records Book 1732 at PAge 612 of the Public Records of Palm Beach County, Florida for the following four (4) courses; (1) thence Northeasterly along the arc of the last described curve, having a radius of .750.00 feet and a central"angle oi 4°04'17'' for 53.29 feet to a point of tangency; (2) thence N12°35'00"E for 320.69 to a point of' curvature to a curve that is concave to the Northwest; (3) thence along the arc' of said curve, having a radius of 6500.00 feet and a central angle of 3°28'30'' for 394.23 feet to a point of tangency; (4) thence Ng°06'30"E for 1979.10 feet; thence N89°I6'39"E along the North line of said Section 17 for 1964.51 feet; thence S0°02'll"E along the East line of the West ~ of the N.E. ¼ of said Section 17 for 2625.18 feet; thence N89°08'49"E along the No~th line of the Southeast ¼ of said Section 17 for 368.96 feet to a point on the North right of way line of NW 22nd Avenue as recorded in Official Records Book 1738 at Page. 1686 of the Public'Records of Palm Beach County, Floridai thence S19°27'31"E for 50.00 feet to a point on the centerline of said NW 22nd Avenue, said point being on a curve concave to the Southeast and bearing N19°27'31"W from the radius point of said curve; thence, along said centerline for the following two (2) courses; (I) thence Northeasterly along the arc of the last described curve, having a radius of 1637.02 feet and a central angle of 21°13'59TM for 606.66 feet to a point of tangency; (2) thence S88°13'32"E for 300.00 feet; thence S0°38'00"E along the East 1.~.ne of 'said Section 17 fo~ 50.04 feet; thence N88°13'32"W for ~5.04 feet; thence along the Westerly right of way line of High Ridge Ro-ad for the following two (2) courses, said line lying 45.00 feet West and parallel to the East lines of said Sections 17 and 20; (1) thence S0°38'00"E for '2595.38 feet; (2) thence S0°49'21"E for 1318.56 feet; thence along the North right of way line of the Boynton Canal C-16 as shown on a Central and Southern Florida Flood Control District Right of Way Map for the following five (5) courses; (1) thence N88°50'04"W for 858..94 feet; (2) thence S1°09'56"W for 25.00 feet; (3) thence N88°5'0'04"W for 2358.50 feet; (4) thence Nl°09'56"E for 20.00 feet; (5) thence N88°50'04"W for 276.77 feet; thence S83°30'15"W for 175.04 feet; thence S88°55.'53"W along a line that is 110.00 f'eet North and parallel to the South line of the N!~ of the N!~ of said SeCtion 20 for 1488.15 feet; thence N0°12'55"W along the said Easterly right, of way line of Congress Avenue, that is 50.00 feet East and parallel to the West l{ne of s~id Section 20, for 1210.64 feet to the Point of Beginning. Said Tract contains 584.2 C,ross Acreage more or less and is subject to easements and dedications of record. SURVEYOR' S CERTIFICATE I HEREBY CERTIFY: That the above' described legal des6ription is true and correct based on survey by Mock, Roos and Sca.rcy, Inc., Consulting Engineers as shown-on their drawing No. 45~--~3-17-2R, last revised date 4-23-73. lterbert S. Skinner Professional ],and Surveyor No. 2101 State of. Florida Exhibit 'A' AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND RITECO DEVELOPMENT CORPORATION THIS AGREEMENT, made this ts% day of Auks% ,1978, by and between the COUNTY OF PALM .BEACH through the BOARD OF COUNTY COMMISSIONERS of said-County hereinafter'referred to as "COUNTY" and RITECO DEVELOP~ENT CORPORATION, a Florida corporation, hereinafter referred to as "RITECO". RECITALS: WHEREAS, RITECO is p~esently developing a' single and multi- family subdivision known as Sandhill, more particularly described i'n Exhibit 'A', attached hereto and made a part hereof; and WHEREAS', the proposed development, when occupied, will generate additional traffic 'in the area of the Sandhill project in trips per day and WHEREAS, RITECO and the COUNTY wish to provide for the add/tional traffic impact as it occurs. NOW', THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, th~ parties hereto, intending to be legally bound, agree as follows: SECTION I RIGHTS OF WAY RITECO shall donate to the COUNTY th[ough planning rights of way as indicated in the Palm Beach County thoroughfare plan as follows: Congress Avenue N. W. 22nd Avenue Miner Road 120 feet total 108 feet total 108 feet total (60 feet from centerlin, (54 feet from centerlin, (.54 feet from centerlin, provided, however, that where the development abuts only one side of right of way, then only half of right of way is required to be donate SECTION II FOUR-LANING N. W. 22ND AVENUE- It is understood and agreed that N. W. 22nd Avenue should be fcur-laned from the east project boundary to Congress Avenue and that RITECO shall be responsible for the construction of the addi~-~ional ' two lanes, using Palm Beach County standards and specifications. EXHIBIT "B-i" This construction shall not be required before the occupation of 50% of the residential development or at such time as'the combination of residential and commercial/professional traffic generation equals the traffic generated by 50% of the residential development. Fifty per cent of residential traffic generation shall be assumed to be 11~199 trips per day. The above obligation of RITECO.may be satisfied at RITECO'S option by either the actual construct'ion of the a~ditional two lanes as hereinabove set forth, or in lieu thereof payment to the COUNTY in the sum of $600,000.00 due and payable at the time the four-laning would be warranted. SECTION III TRAFFIC SIGNALS RITECO shall bear the cost of the following traffic signals: Congress Avenue at N. W.-22nd Avenue Seacrest Boulevard at N. W. 22nd Avenue Where warranted, all project roadways and N. W. 22nd Avenue In the case of the development roadways and N. W. 22nd Avenu~ RITECO shall pay for the traffic signals when warranted by traffic generated from within the Sandhill Development and installed. In the case Of Congress Avenue at N. W. 22nd Avenue and Seacrest Eoulevard at N. W. 22nd Avenue, RITECO shall not be irequir~d to pay for the signals before occupation of 25% of the residential development, or a combination of residential and commercial/pr~fessior development which equals the traffic generation of 25% of the resi- dential development. Twenty-five percent of the residential traffic generation is assumed to be 5,600 trips per day. If the traffic signals at Congress Avenue and N. W. 22nd Avenue and at Seacrest'Boulevard and N. W. 22nd Avenue are installed by the COUNTY .prior to the project development traffic operation equalling 25% of the residential development, then and in that event. RITECO shall reimburse the COUNTY for these traffic signals upon the 25% residential traffic generation figure being reached. [ In no event shall the to%al contribution from RITECO for the traffic signals at Congress Avenue and N. W. 22nd Avenue and at Seacrest Boulevard and N.' W. 22nd Avenue exceed $50,000.00. SECTION IV LEFT TURN LANES N. W. 22nd Avenue and Seacrest Boulevard RITECO shall pay to Palm Beach County, Florida, the sun of $12,000.00 for construction of left turn lane's on the east and west approaches of N. W. 22nd Avenue to Seacrest B6ulevard. This payment shall not be due prior to the occupation of 25% of the residential development, or a combination of residential and commercial/professional development, which equals a traffic genera- tion of 25% 'of the residential development. Twenty-five percent of the residential traffic generation is assumed to be 5,600 trips per day. SECTION V INTERSECTION OF CONGRESS AVENUE -- AND N~ W. 22ND AVENUE RITECO shall construct to Palm Beach County standards the full intersection of Congress Avenue and N. W. 22nd Avenue for 500 feet north, south, and east. This construction shall not be required prior to the occupation of 25% of the residential development or a combination of residential and commercial/professional ~evelopment, which equals a traffic generation of 25% of the residential develop- ment. RITECO may satisfy the obligation of this Section by per- forming the actual construction of the intersection itself or in'lieu thereof by making payment to the COUNTY of $60,000.00 due when the construction would be required. Twenty-five percent of the residential traffic generation is assumed to be 5,600 trips ~er day. SECTION VI FOUR-LANING CONGRESS AVENUE RITECO at its option shall either construct Congress Avenue to a four lane roadway to Palm Beach County standards and specifica- tions for the entire frontage of the. RITECO property, on Congress - 3 - Avenue or in lieu thereof RITECO shall make a cash contribution to Palm Beach County of $137,0p0.00. This construction Or cash 'contribu- tion shall not be required prior %o the occupation of 25% of the resident-i°al units or 25% of the commercial/professional square footage whichever occurs first. SECTION VII ASSIGNMENT It is agreed by the parties hereto that RITECQ may freely assign its obligations under this agreement to any subsequent'developer contractor or builder. Each such assignee shall also maintain the same right to assign its obligations hereunder until such 'time as the construction and'improvements required hereunder have been completed. SECTION VII1 NOTICE TO PARTIES All no%ices given pursuant to the terms of this Agreement or which any par~may desire %o give hereunder shall be in writing an~ delivered personally, .telegraphed, or sent-registered or certified mail, and shall be conclusively presumed to have been given by such delivery. All notices shall be given, to each of the following: RITECO DEVELOPMENT CORPORATION 169 East Flagler Street Miami, Florida 33131 COUNTY ATTORNEY Palm Beach County Court House P. O. Box 1989 West Palm Beach, Florida 33402 SECTION IX WORDS OF GENDER Wherever herein the context so requires the use of the sing~lar_~ shall include the plural, %he use of the masculine shall include the neuter and the use o~ representative shall include trustee, receiver,-executor, etc. SECTION X - INTEGRATION This instrument embodies the whole Agreement of the pa~sies and there are no promises, terms, conditions or obligaticns other than those herein contained. This Agreement shall supersede all - 4 - previous communications, representation, advertisements, b~ochures, proposals or agreements, el%her verbal or wuitten, between the ' parties hereto and not herein contained. SECTION XI- SEVERABILITY - In the event that any part, term or provision of thfs Agreement is by a court of competent ju~.isdiction found to be 'illegal, the validity of the remaining portions and provisions shall not be-affected and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particula~ part, term or provision held to be-so invalid. SECTION XII COUNTERPARTS. This Agreement may be executed simultaneously in two (2) ~ or more counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same instrument -- SECTION XIII CAPTIONS Captions are included for convenience only and shall be given no legal effect whatsoever. SECTION XIV AMENDMENT This Agreement between the parties shall not be amended or modified in any manner except in ~riting executed by all partieS. SECTION ~ APPLICABLE LAW This.Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION XVI PARTIES · Except as herein and otherwise expressly provided, the convenants, conditions and agreements contained in this Agreement shal~ bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives', successors and assigns. - 5 - SECTION-'XVII EXCLUSIVE BENEFITS Nothing in this-A,lree~ent is intended t? confer upon or give any person, firm or corporation other than-the partieS helreto and their heirs, personal representatives, successors and assigns any right, remedy or claim under or by reason of this Agreement. terms and conditions of %his Agreement shall be for the sole and exclusive benefit of the parties hereto and their successors and Ail assigns. IN WITNESS WHEP~EOF, this Agreement has been executed in multiple originals on the day and year first above written. Corporate Secretary Witness RITECO DEVELOPbIENT CpRP--q~ATION ATTEST: JOHN B, DUNKLE, Deputy Clerk PALM BEACH COUNTY, FLORi'DA, BY /~_~B~D OF COUNTY COMMIS~SIONERS. .' C lerok. ~Jl ~~. d~,~n ...... ~ :-._ ~ -~ ~-~-~,;.~, _ . ,l~U EL 'f "l"g f8 an APPROVED AS TO FORM AND L'EGAL SUFFICIENCY County Attorney - 6 - LEGAL D~.SCRI PTION A Tract of ]and lying in portions of Sections 17 and 20, Township 45 South, Range 43 East, Palm. Beach County, Florida, more particularly described as follows: Commence a~ th~ Southwest corner of said Section 17; thence N89°OO'lg"E along the South line of said Section r7 for 50.06 feet; .thence Nl°44'39"E along the Easterly right of way line of C,~ngress Avenue that is 50.00 feet East and _ parallel to the West line of said Section 17, for 2566.00 feet; thence N89°08'49"E : along the Southerly right of way line of the Lake Worth Drainage District Canal I L--21 as recorded in Official Records Book 1732 at Page 612 of the Public Records ', of Palm 'Beach County, Florida and its Easterly extension for 1364:21 feet to a point on a curve concave to the Southeast, bearing N81°29'17"W from the radius point of said' curve; thence along the center line of the Lake Worth Drainage District Equalizing Canal E-4'as recorded in Official Records Book 1732 at PAge 612 of the Public Records of Palm Beach County, Florida for the following four. (4) courses; (1) thence Northeasterly along the arc "of the last described curve, having a radius of 750.00 feet and a central angle of 4°04'17'' for 53.29 feet to a point of tangency; (2) thence N12°35'00"E for 320.69 -to a point of curvature to a curve that is concave to the Northwest; (3) thence along the arc of said curve, having a radius of 6500.00 feet and a central angle of 3028'30'' for 394.23 feet to a point of tangency; (4) thence N9°06'30"E for 1979.10 feet; thence N89°16'39"E along the North line of said Section-17 for 1964.51 feet; thence S0°02'ii"E along the East line of the. West ~ of the N.E. ~ of said Section '17 for 2625.1'8 feet; thence N89°O8'49"E along .the North line of the Southeast ¼ of said Section 17 for 368.96 feet to a point on the North right o.f way line of hq4 22nd Avenue as recorded in Official Records Book 1738 at Page 1686 of the Public'Records of Palm Beach County, Florida; thence S19°27'31"E for' 50.00 feet to a point on the centerline of said NW 22nd Avenue, said point being' on a curve concave to ~he Southeast and bearing N19°27'31"W from the radius poin't of said Curve; thence, along said centerline for the following two · (2) courses; (1) thence Northeasterly along' the arc of the last described curve, having a radius ~f 1637.02 feet and a central angle of 21°13'59'' for 606,66 feet to a point of tangency; (2) thence S88°13'32"E for 300.00 feet; thence S0°38'00"E along the East lj,.ne of said Section 17 for 50.04 feet; thence N88°13'B-2~'W for 45.04 feet; thence along the Westerly right-of way line of High Ridge Road for the following two (2) courses, said' line lying 45.00 feet West and parallel to the East lines of said Sections 17 and 20; (1) thence S0°38'00"E fo? '2595.'38 feet; (2) thence 'S0°49'21"E. for 1318.56 feet; thence along the North r~ght of way line of the Boynton Canal C-16 as shown on a Central and Southern Florida Flood Control District Right of Way Map for the following fiw.~ (5) courses; (1) thence N88°-50'04"W for 858.94 feet; (2) thence S1°09'56"W for 25.00 feet; (3) thence N88'°5'0'04"W for 2358.50 feet; (4) thence Nl°09'56"E for 20.00 feet; (5) thence N88°50'04"W for 276.77 feet; thence S83°30'15"W for 175.04 feet; thence S88°55.'53"W along a line that is 110.00 feet North and parallel to the South line of the N½ of the N~ of said SeCtion 20 for 1488.15 feet; thence N0°12'55"W along the said Easterly right of way line of Congress Avenue, that is 50.00 feet East and parallel to the West l{ne of said Section 20, for 1210.64 feet to the Point of Beginning. Said Tract contains 584.2 Gross Acreage more or less and is subject to easements and dedications of record. SURVEYOR' S CERTIFICATE I HEREBY CERTIFY: That the above described legal description is true and correct based on survey by Mock, Roos and Searcy, Inc., Consulting Engineers as shown on their drawing No. 45-43-17-2R, last revised date 4-23-73. Herbert S. Skinner Professional Land Surveyor No. 2101 State of. Florida Exhibit 'A' ADISF2qDLE"I TO AGGREI~ BL-~'~ - THIS AGREF2~, made this 22nd day off January , 1980, by and between the OOLNIT OF PAIN. B~EAClt through the BOAP~D OF OOUNTY ' ODYNISSICiNERS of said County hereinafter referred to as "COUNIW' and RITECO DEWELOPMENr CORPORATION, a Florida Corporation, hereinafter .. referred to as "RITEO0". ~ RECITAIS ~ ~¢HEREAS, RITECO and COUNTY previously entered into an Agreerpant-on the 1st day of August, 1978, pursuant to Resolution No. R-78-934 pertaining to traffic impact in the Subdivision known as SANDHII.I,, arfd I~k~REAS, FErlDRO~-, I2iC., a Delaware.corporation, is desirous of purchasing approximately NINTY (90) Acres of the said Sandhill Development for construction and use of an industrial plant, WHERFJ~, the proposed development by ~DTOROIA, INC. when occupied will generate approximately the identical amount of traffic as would have been generated had the same 90 Acres been developed under the Sang,ill project, and WHEREg~, the traffic generated by the proposed davel~t of liJIDROIA, INC. represents one-third (1/3) of all traffic generated by the Sandhill project, and t,llEREAS, RITECO and COLIqTY wish to amend the August-1, 1978 Agreermmt to fairly reflect the obligation of RITECO for traffic impact after the sale to I.DRDROIA, INC: IKY, q, siliEREFORE, for good and valuable consideration, receipt of vJ~/ch i:.; hereby aclmowledged, the parties hereto intending to be legally bound agree as follows: 1. 2hat any and all amounts, due under ~he August 1, 1978 Agreement payable by RITECO shall be reduced by one-third (1/3)-and ~. RITE00 shall be obligated to pay only two-thirds (2/3rds), any such amounts due for any items under the contract. EXH I ~"~'T "B- 2" 2. The amounts payable by RITE00 shall be paid one-half (1/2) at connencc~nent of installation of the ~n~)rovc~nt and one-half · (1/2) upon completion. 3. The obligation of RITEO0 under this /~eemant shall be in satisfaction of and/or in lieu of any and all impact fees required or to be required by COLt~q~f including but not limited to county impact fee ordinances. 4. Ail other terms and condition~: of the agreement dated August 1, 1978, which have not been ammended hereby shall re'hain in full foPce .and effect. IN WI%NESS ~{EREOF, this Agreem .ent has been executed in' multiple originals on the day and year first above written. RITEO0 DEVEIDP~NT CO_Pi>ORATION : eslaent ATTEST: JOl~q B. DUNKIt'], CLERK Depu~:y Clerk I