R94-105RESOLUTION 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 CITY OF
BOYNTON BEACH AND GENE B. GLICK COMPANY,
INC., AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach deems it to be
in the best interests of the citizens and residents of the City of Boynton Beach to enter
into an Agreement with Gene B. Glick Company, Inc., ("GLICK"), for the construction
of Miner Road;
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 does hereby
autho, rize and direct the Mayor and City Clerk to execute an Agreement between the
City of Boynton Beach and Gene B. Glick Company, Inc., a copy of which is attached
as Exhibit "A".
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this ~,~/ day of June, 1994.
FLORIDA
Vice Mayor
Mayor Pro
Comrr '
ATTEST:
City,Clerk ---
(Corporate Seal)
Coi
Authsig,doc
ISunset. CaylRelease
6116/94
AGREEMENT
THIS AGREEMENT, made this day of June, 1994, by and
between the CITY OF BOYNTON BEACH, FLORIDA, (hereinafter referred
to as "CITY") and GENE B. GLICK COMPANY, INC., (hereinafter
referred to as "GLICK").
WHEREAS, GLICK is the owner of a certain parcel of land
consisting of approximately_84 acres located within the municipal
limits of CITY; and
WHEREAS, on January 17, 1984, CIT~duly adopted Ordinance No.
83-48 which approved a rezoning of GLICK'S property to Planned Unit
Development that was later purchased by Glick; and
WHEREAS, a condition of approval of Ordinance No. 83-48 was
that the then owner of the property was to construct Miner Road
across the North frontage of the property fOr which construction
GLICK later substituted its surety bond with the City; and
"WHEREAS, the CIT~ has developed a plan whereby the City will
undertake construction of Miner Road thereby relieving GLICK of
~construction responsibilities; and
WHEREAS, CITY and GLICK desire to amend the conditions of
approval for the Planned unit Development as set forth in Ordinance
No. 83-48 concerning roadway improvement.
NOW, THEREFORE, in exchange for the mutual covenants expressed
herein, the parties agree as follows:
1. GLICK will make application for Road/Traffic Impact Fee
Credits from Palm Beach County for the money paid by GLICK to CITY
as specified in Paragraph numbered 4 below. CITY will adopt a
Resolution supporting GLICK's request for impact fee credits.
2. In the event the County does not approve Glick's
application for road/traffic impact fee credits within' 60 days
after the execution of this Agreement, the money paid to the City
referenced in Paragraph 4 below shall be refunded to GLICK, and
this Agreement shall be null and void.
3. In the event the County does approve Glick's~application ......
for road/traffic impact fee credits, the money referenced in
Paragraph 4 below shall be deemed earned by the CITY and no refund
shall be required. The CITY shall use said funds to off-set its
costs in the construction of Miner Road. The City's delay in
construction or failure to.construct Miner Road will not delay or
interfere in development on GLICK's property.
4. Within ten (10) days of execution of this Agreement bY
all parties, GLICK shall deposit with the CITY Seventy-Nine
Thousand, One Hundred Twenty-Four and no/100 ($79,124.00) Dollars
t0 be applied toWard design and construction costs of Miner Road
with said Dollars to be utilized by CITY for the design and ~-~
construction of Miner Road. CITY agrees to utilize said funds _ ~
solely for this roadway project.
5. CITY agrees that upon GLICKcomplying with the provisions
s~t forthin Paragraph numbered 4 above and approval by the County
of GLICK's application for road/traffic impact fee credits for such
payment, GLICK shall have 'fully and completely satisfied GLICK's
responsibility for the design and construction of Miner Road.
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6. Within ten (10) days after approval by the County of
GLICK's application for road/traffic impact 'fee credits and
clearance of the payment referenced in paragraph 4 above, the CITY
shall release to GLICK the Subdivision Improvement Bond in the
principal amount of Fifty-Four Thousand, One Hundred Twenty-Three
and 78/100 Dollars ($54,123.78), which bond was posted by GLICK for
subdivision improvements for Chalet IV - Plat I.
7. GLICK shall convey to the CITY a temporary easement for
the construction and maintenance of an approximately one (1) acre
retention pond to capture the roadway drainage. The exact size and
location of the retention pond shall be determined by the CITY and
GLICK, based upon requirements of the Lake Worth Drainage District
and the South Florida Water Management District. Ail costs
associated with the construction of the temporary retention pond
shall be borne by the CITY including reimbursement for the cost of
moving the fences on the GLICK property, if necessary. No material
excavated in conjunction with the creation of the retention pond
shall be removed from'the property site. Upon development of the
Melear PUD or earlier, the temporary retention pond may be
relocated-at the option a~d discretion of GLICK or its successors.
8. This Agreement incorporates all terms and conditions
negotiate(~between the parties and may not be amended except by
written agreement between the parties~ This Agreement constitutes
an enforceable agreement between the parties and in.the event of an
action to enforce this Agreement, the prevailing party shall be
entitled to recover attorneys' fees and costs from the party in
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breach hereof.
IN WITNESS WHEREOF, the undersigned have set.their hands and
seals the day and year first above written.
CITY
ATTEST:
Cit~ Clerk
Mayor
GENE B. GLICK COMPANY, iNC.,
BY:
Glick.Agr
1/13/94
6/9/94