R94-111RESOLUTION NO. R94-?/?
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE GITY OF BOYNTON BEACH AND
TINDUS INVESTMENTS, INC. FOR A TIME
EXTENSION TO COMPLETE CERTAIN REQUIRED
IMPROVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida deems
it to be in the best interests of the citizens and residents of the City to enter into an
Agreement between the City of Boynton Beach and Tindus Investments, Inc. for a time
extension to complete certain required improvements, a copy of which Agreement is
attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, hereby
authorizes and directs the Mayor and Clerk to execute an Agreement between the City
of Boynton Beach and Tindus Investments, Inc. a copy of which Agreement is attached
hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ,~ day of July, 1994.
}N BEACH, FLORIDA
M
(Corporate Seal)
tindus.res
Mayor Pro ~ ~
Return to: (enclose self-addressed stamped enve~eoe)
OF~-OE 0~- CITY CLERK V"/
,CITY OF I~)YNTON BEACH
'~! 00 E. BOYNTON BEACH Bt.VD,
P.O. BOX 3'!0
BOYNTON. BEACH, ~OI~;)A -
~ Q ~,~3425-03'10
Property Appraisers Parcel Identification (Folio) Number(s):
~G-~-i994 ~.~ 94--268550
ORB 83:76 P~ i '1/.6
I Iilllllll IilllllIllill
AGREEMENT
THIS AGREEMENT entered into between THE CITY OF BOYNTON BEACH,
FLORIDA, (hereinafter "CITY") and TINDUS INVESTMENTS, INC., (hereinafter
"DEVELOPER") this [,fi day of July, 1994.
WHEREAS, TINDUS INVESTMENTS, INC., is the property owner and developer of the
Lawrence Lake PUD (a/k/a Lake George Estates); and
WHEREAS, the City Commission approved the final plat for the subdivision on November
21, 1989; and
WHEREAS, DEVELOPER has completed all subdivision improvements with the exception
of the landscaping improvements prior to the expiration of that time period permitted for completion
of subdivision improvements, including prior extensions granted by the City Commission; and
WHEREAS, the CITY and DEVELOPER have negotiated a complete and satisfactory
agreement calculated to insure the completion of the landscaping subdivision improvements and at
the same time grant to the DEVELOPER additional time to complete those improvements.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein the parties
agree as follows:
1. CITY grants to DEVELOPER a time extension for the completion of the landscaping
subdivision improvements retroactive from August 21, 1993, to August 20, 1994, and an additional
one year extension fi'om August 21, 1994 to August 20, 1995.
2. DEVELOPER shall, within twenty (20) days of the approval of this Agreement by the
City Comm/ssion, increase the subdivision improvement bond with respect to the landscaping
improvements to an mount equal to the amount necessary to complete the landscaping
ha~provements which remain incomplete including landscaping, sodding and irrigation of the twenty
foot (20~) maintenance tract surrounding the lake, which includes the littoral zone, and landscaping,
sodding and irrigating the buffer area along the outside perimeter roadway (Lawrence Lakes Drive)
and landscaping, irrigating and sodding the common area/recreation area along Lawrence Road. The
amount of said bond (calculated at 110% of the total cost of the improvements it secures, pursuant
to Art. VIII Sec. 7 of App. C of the Code of 0rdinances) shall be based upon a certified statement
of the registered Engineer and shall be established and posted within twenty (20) days of approval
of this Agreement by the City Commission. DEVELOPERS failure to provide the certified estimate
and the landscaping improvement bond within twenty (20) days following approval of the. Agreement
by the City Commission will render this Agreement null and void.
3. The CITY agrees that DEVELOPER may complete the twenty foot (20) maintenance area
surrounding the lake on a house by house basis. The littoral zone plantings may be done on a house
by house basis or as the final item at the completion of construction, at the developer's discretion.
4. DEVELOPER agrees that the bond for the water and sewer improvements currently
in place is for the protection of the system during construction and that bond will be maintained in
place and without reduction until buildout of the entire subdivision.
5. The parties agree that this Agreement shall be recorded and become binding on all
property owned by DEVELOPER at the time of the execution of the Agreement and which is
contained in the boundaries ofthe Lawrence Lakes PUD and more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
2
OR8 8376
6. The CITY acknowledges and agrees that DEVELOPER has met and satisfied all
concurrency requirements as they relate to the Lawrence Lakes PUD.
7. DEVELOPERS failure to perform any act required by DEVELOPER pursuant to the
terms of the Agreement shall render this Agreement null and void.
Attest:
CITY OF BOYNTON BEACH
Mayor
Approved as to form:
T~ ~S%STMENT,INC.,
DOROTHY I.I WIL.KEN
,,L_~,~ OF THE COURT PB ""~'"'"':'
EXHIBIT "A"
PLAT OF LAWRENCE LAKE, A P.U.D. IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE
43 EAST, CITY OF BOYNTON BEACH, COUNTY OF PALM BEACH, STATE OF
FLORIDA AS RECORDED IN PLAT BOOK 64~ PAGES 106 AND 107.
"'6
~jc ~~ A~~NT ~DIN~ C~I~ ~CISI~I~S
~,~ CI~ O~ BO~oN B~CB a~d D~Z~ I~~N~, INC.
between the City of Boston Beach, Palm Beach Count~, State of
Florida, hereinafter referred to as City, and Drexel Inves~ents,
Inc. (fo~erly kno~ as Drexel Properties, Inc.) hereinafter
referred to as Developer,
WITNESSETH~
~E~AS, City and Developer did, on August 1, 1972 enter into
an Agreement for the pu~ose of construction of and provision for
providing sanita~ sewage and potable water se~ice to Developer:
~D,
~~, both parties have complied with the te~s of the
Agreement dated Au~st 1~ 1972;
~D,
~E~AS, the City and Developer have expressed differing
opinions regarding the exact expiration date of the Agreement dated
Au~st 1, 1972; the parties agree that upon execution of this
Agreement, the Agre~ent dated Au~st 1, 1972 shall expire;
~D,
~E~AS, the Parties have agreed that in order to resolve such
differences and to car~ out the intent of the Parties as set forth
herein;
NOW, ~EREFO~ in consideration of the mutual promises, each
to the other, as well as other good and valuable considerations,
the receipt of which is acknowledged, the parties, for themselves,
and their successors and assigns, agree as follows:
1. Developer shall pay to City the s~ of $105,300.00 on or
before August 15, 1994. This pa~ent shall be credited to
Developer's account for pre-pa~ent of water and sewer hook-ups at
the rate of $375.00 per hook-up based on a fo~ula provided b~
City.
2. The Developer shall have until June 30, 1998, within which
t~e all units must be completed, connected to the City system, and
in se~ice. The parties agree that "in se~ice" begins when the
Certificate of Occupancy for each unit is issued by the City.
3. In the event Developer has not completed and connected up
for service by June 30, 1998, all hook-ups after that date will be
charged at the then-existing City rate for such service; provided
however, that Developer shall receive credit for each such hook-up
after June 30, 1998, to the extent of any unused portion of the
$105,300.00 still remaining and used prior to that date.
4. Developer agrees to annexation by the City, of the subject
property at such time as the property becomes eligible for
annexation. At the present time, the property is not eligible for
annexation, as it is not contiguous to the City.
5. Developer shall have the right to sell or assign its
:ights herein, and such purchaser or assignee shall be bound by the
erms hereof, and such Agreement shall run with the'land, and shall
binding upon the parties themselves, their purchasers,
~uccessors and assigns, the description of which is attached as
:xhibit A.
6. The rights granted herein, as to each party, are
.rrevocable, as set forth in this Agreement.
7. This Agreement shall be recorded in the Public Records of
'alm Beach County, Florida.
IN WITNESS WHEREOF, the City has caused these presents to be
executed in its name by its Mayor, and attested and its official
seal to be hereunto affixed by its Clerk, and the Developer has
¢aused these presents to be executed in its name, the day and year
irst above written.
n the presence of:
OF BOSTON BE~
~ty Clerk
(Corporate seal)
In the presence of: DREXEL I~gF~STMENT~, INC.
~ppro~eG as ~o Jo~. (Corporate seal)
City Manager
City Attorney
2
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
~/ day of July 1994 by ~--~2~/~ ~--./w~~/~ the Mayor of the
City of Bolrnton Beach, who is personally known to me or has
produced as identification.
Notary PubZi~?i~'?~% ~¢o~Si~'~
State of Flor~"~at'~~
My Cor~ission expires.-
Commission No.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument, was acknowledged before me this
day of July 1994 by the City attorney of
the City of Boynton Beach, who is personally known to me or has
produced as identificatiQn.
Notary Public
Name:
State of Florida at Large
My Commission expires~
Commission No.
STATE OF FLORIDA
COUNTY OF BROWARD
//c The foregoing instrumeg~t_ was ~c~owledged before me this
day ~ July/~994 by <i~F~x ~'~./~~ , as President
and ~~ ~ ~~ -' / - a~Secreta~ of D~XEL
I~ST~NTS, INC., a Florida corporation, ~ho are personally kno~
to me or have produced as
~dentification.
OF F%0
OFFICIAL NOTARY
GUILL~R.MINA M. OD&
COMMIS~ON NUMBER.
MY COMMI{~ON
O('~TOBglt 3, I~97
ate of Florida at 'r..arge_,. .~ ..~--,
My Commission expires. ~ ,,?v/
Commission No ~/L ~o~?~ '
3
R~etum tg: (e. nclose self-addressed stamped envelope)
Address:
Property Appraisers Parcel Identification (Folio) Number(s):
ORE) 835c~ Pg 1.462
DO~ll-lY H i4.[~iEN
CLERK' OF THE COURT - ~ CO(~TY, FL
EXHIBIT
[';est Half (W 1/2) of the ~;orthwest Quarter (NW 1/4) of the
Sottt[lwes~ Quarter ($W 1/4) Soutk (S) of SoynEo~ Rock. Road and the
~Vest t[alf (W 1/2) of the Sou~llwest Quarter (SW 1/4) o'f the Sou~h-
%~est Quarter ($H 1/4) all in Section 19, Township 45'South, Range
43 East, PaLm Beach Count_y, Florida.
containing 19.6643 acres, more or less.
Less O. 1141 for canal right-of-way.
Net ~