R94-038RESOLUTION 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
KNOLLWOOD GROVES, INC., REGARDING THE
DESIGN AND CONSTRUCTION OF MINER ROAD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has reached an agreement
with Knollwood Groves, Inc., which Agreement provides for Knollwood
Groves, Inc., to pay to the City of Boynton Beach Twenty-Six
Thousand Five Hundred Fifteen ($26,515.00) Dollars to be applied
toward design costs of Miner Road and an additional sum of Eighty-
Two Thousand [$82,000.00) Dollars to be applied toward construction
costs of Miner Road, making a total sum payable by Knollwood to the
City of Boynton Beach of One Hundred Eight Thousand Five Hundred
Fifteen ($i08,515.00) Dollars.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized
and directed to execute an Agreement between the City of Boynton
Beach, Florida and Knollwood Groves, Inc., said Agreement being
attached hereto as Exhibit "A".
Section 2. This Resolution shall become
immediately upon passage.
PASSED AND ADOPTED this ~ day of April, 1994.
effective
ATTEST:
Ci~ Clerk
CITY OF BOYNTON BEACH, FLORIDA
Ma~o~
(Corporate Seal)
Ay -WC( .'''' ,...,
/ 42 44
CHAPIN & ARMSTRONG ---_—_+
ATTORNEYS AT LAW 4.- 1201 GEORGE BUSH BOULEVARD 3 DELRAY BEACH, FLORIDA 33483
TELEPHONE (407) 272 -1225
TELECOPIER (407) 272 -4442
ROBERT D CHAPIN*
LEGAL ASSISTANTS
DAVID G ARMSTRONG
JAMES A BALLERANO, JR. FAYE A WILLIAMS
CYNTHIA C SEAMAN
JAMES A HERB
SUSAN M J STEVENS
OF COUNSEL
• CERTIFIED BY FLORIDA BAR
IN
WILLS, TRUSTS AND ESTATES
March 1, 1994
VIA FAX AND HAND- DELIVERY
J. Scott Miller, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Re: Meadowood Groves, Inc.
Dear Mr. Miller:
Enclosed is the executed Agreement between the City, Meadowood
and Mr. Arnold regarding the contribution for the Miner Road
improvements and the five (5) acre park site dedication pertaining
to the Knollwood P.U.D. You will note that a copy of the executed
Deed to the Park site is attached as an exhibit.
This Agreement supercedes the Agreement previously delivered
to you under letter dated February 15, 1994.
We will deliver the original of the Agreement to you this
evening in advance of the scheduled commission meeting.
r
We appreciate your attention to thus ma /ter' /
Very _iru1 y014s/
/ ,
Jamep A. Ballerano, Jr.
JAB /hs .
Enclosures
r
CC: James Cherof, Esq. (by hand)
AGREEMENT
AGREEMENT made this // day of /Z4/
1994, by and between the City of Boynton Beach, Florida
(hereinafter referred to as "City ") and Meadowood Groves, Inc.
(hereinafter referred to as "Meadowood ") and Willard Arnold
(hereinafter referred to as "Arnold ").
WHEREAS, Meadowood is the owner of a certain parcel of land
consisting of approximately 86.66 acres located within the
municipal limits of City; and
WHEREAS, Arnold is the owner of a certain parcel of land
consisting of approximately 24.94 acres located within the
municipal limits of City; and
WHEREAS, the Meadowood acreage and the Arnold acreage comprise
the Knollwood P.U.D. (Meadowood and Arnold are hereinafter
collectively referred to as "Knollwood "); and
WHEREAS, on October 17, 1989, City duly adopted Ordinance No.
89 -36 which approved a rezoning of the Knollwood property from AG
(agricultural) and R1AAA (single family residential) to Planned
Unit Development; and
WHEREAS, a condition of approval of Ordinance No. 89 -36 was
that Knollwood was to pay the sum of $760,000.00 to improve the
roadway system in the area with specific improvements to be made to
Miner Road and Hypoluxo Road; and
WHEREAS, in 1991, City approved a Master Plan Amendment which
extended the required time for submitting final development plans
for the Planned Unit Development until August, 1992; and
WHEREAS, in August of 1992, Knollwood submitted to City a
request for extension of platting requirements for the Planned Unit
Development; and
WHEREAS, since the rezoning of the property in 1989,
circumstances have changed pertaining to the roads in the area
which require improvement; and
WHEREAS, City and Knollwood desire to amend the conditions of
approval for the Planned Unit Development as set forth in Ordinance
No. 89 -36 concerning roadway improvements and City and Knollwood
further intend that upon Knollwood's compliance with its duties
pursuant to this Agreement, Knollwood shall be deemed to have
commenced development as contemplated by Section 10 (c) of Appendix
B, Planned Unit Development Code of the City of Boynton Beach
thereby vesting Knollwood for purposes of this Section.
NOW, THEREFORE, in exchange for the mutual covenants expressed
herein, the parties agree as follows:
1. The foregoing recitals are true and correct and
incorporated herein by reference.
2. Within /(; days of execution of this Agreement by all
parties, Knollwoo shall pay to City Twenty -Six Thousand Five
Hundred Fifteen and 00 /100 ($26,515.00) Dollars to be applied
toward design costs of Miner Road and an additional sum of Eighty -
Two Thousand and 00 /100 ($82,000.00) Dollars to be applied toward
construction costs of Miner Road making a total sum payable by
Knollwood to City of One Hundred Eight Thousand Five Hundred
Fifteen and 00 /100 ($108,515.00) Dollars to be utilized by City as
Knollwood's full and complete share of Knollwood's responsibility
for the design and construction of Miner Road. City agrees to
utilize said funds solely for this roadway project.
3. At such time as it shall be required by the City,
Knollwood shall deliver to the City a Special Warranty Deed
conveying to the City a five (5) acre park site within the
Knollwood Planned Unit Development adjoining an existing park site
in the Meadows subdivision. A copy of the Special Warranty Deed is
attached hereto. The parties agree that Knollwood may subsequently
amend or revise the legal description for the park site as set
forth in the attached Deed in accordance with a revised Master Plan
for the planned unit development provided the revised legal
description for the park site shall remain as a five (5) acre site
which is generally rectangular in shape adjoining the park site in
the Meadows subdivision. The parties agree to cooperate in
executing all documents necessary to revise the legal description
for the park site.
4. City agrees that upon Knollwood complying with the
provisions set forth in Paragraphs numbered 2 and 3 above,
Knollwood shall be deemed to have commenced development as
contemplated by Section 10 (c) of Appendix B of the Planned Unit
Development Code of the City of Boynton Beach thereby vesting
Knollwood for purposes of this Section.
5. City will assist Knollwood in obtaining Road /Traffic
Impact Fee Credits from Palm Beach County for the money paid by
Knollwood to the City as specified in Paragraph number 1 above.
City will adopt a Resolution supporting Knollwood's request for
impact fee credits.
6. This Agreement incorporates all terms and conditions
negotiated 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
- 2 -
entitled to recover attorneys' fees and costs from the party in
breach hereof.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals the day and year first above written.
CITY 41F BOYNTON •. ACH
By:
Mayor
APP D TO F RM:
Attest: r.
CITY ATTORNEY
City Clerk
MEADOW7OD GROVE , INC
By : //((.''
Its President
/t(
H. \DATA \WPDATA \LAW \MEADOWOO \CITY AG2 - 3 -
This instrument was prepared by:
James A. Ballerano, Jr., Esquire
Chapin, Armstrong & Ballerano
1201 George Bush Boulevard
Delray Beach, FL 33483
DEED
THIS INDENTURE, made this 7 day of
1994, between MEADOWOOD GROVES, INC., a Florida corporation, having
an address at 8053 Lawrence Road, Boynton Beach, Florida 33436 and
R. BRADFORD ARNOLD, TRUSTEE having an address c/o DBA Management
Corp., 1100 Southeast 58th Avenue, Ocala, Florida 34471 hereinafter
collectively referred to as the Grantor, and the City of Boynton
Beach, Florida, a municipal corporation, whose post office address
is P.O. Box 310, Boynton Beach, FL 33425 hereinafter referred to
as the Grantee, and whose Federal Tax Identification Number is
WITNESSETH that said Grantor, for and in consideration of the
sum of Ten and 00 /100 ($10.00) Dollars, and other good and valuable
considerations to said Grantor in hand paid by said Grantee, the
receipt whereof is hereby acknowledged, has granted, bargained and
sold to the said Grantee, the Grantee's heirs and assigns forever,
the following described land, situate, lying and being in Palm
Beach County, Florida, to wit:
See Attached Exhibit "A"
and said Grantor does hereby fully warrant the title to said land,
and will defend the same against lawful claims of all persons
whomsoever.
Grantor has bargained, granted and sold, and do by these
presence, bargain, grant, sell and convey, unto Grantee, its
successors and assigns forever, the above - described property for
the purpose of being used by Grantee as a park, playground or
recreational area.
IN WITNESS WHEREOF, Grantor has executed this Deed under seal
on the above date.
Signed, sealed and delivered
in the presence of:
MEADOW/OD GROWS, IN .
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B am
7 0 le 0711 / L �1 ' ('? „v Its: Aca C
Print or Type Name
(Corporate Seal)
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Prin or Type Name
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Lf)�-) FAAr
J RD RUSTEE
/ R. BRAD ARNOLD, ,
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Print or Type Name
c.c,'�.�;:, d
vlencl F u 'rAS
Print or Type Name
STATE OF F e4. '
S.S..
COUNTY OF D,a /-•%r /J G )
I HEREBY CERTIFY on this day before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared C. C. 0c4J.17= , as the
president of MEADOWOOD GROVES, INC. and he acknowledged executing
the foregoing instrument freely and voluntarily for the uses and
purposes therein expressed and that he did not take an oath.
Type of identification: Personally Known
Driver's License /Passport
WITNESS my hand and official seal th' s 2 day of
1994. /
[NOTARY PUBLIC] �•�,
cot_ y T•lic
Stat- of Florida
My Commission Expires:
- 2 -
0:4;'‘ J AMES a BA U E RAN O, JR.
MIES: Soptembsr 28. 1997
MY COM i CC 318967
`yi! f n;, Bonded Thu Nohry P is U ei*itxs
STATE OF FLORIDA )
S.S..
COUNTY OF PALM BEACH )
I HEREBY CERTIFY on this day before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared R. BRADFORD ARNOLD, TRUSTEE
and he acknowledged executing the foregoing instrument freely and
voluntarily for the uses and purposes therein expressed and that he
did not take an oath.
Type of identification: Personally Known
Driver's License /Passport
WITNESS my hand and official seal,,,-)this fseal,,,-)this day of (?x1(/t7 ,
1994. \
/
[NOTARY PUBLIC] A e/, S! .% /, 1)
rotary Pu•lic
State of Florida
My Commission Expires: /- .2i -91
OFFICIAL NOTARY SEAL
LORI GOMILLION
NO TARY PUBLIC STATE OF FLORIDA
COMMISSION NC. CC254363
t r'.Y COMMISSION EY.P JAN. 21,1977
- 3 -
LEGAL DESCRIPTION
KNOLLWOOD GROVES P.U.D.
5.00 ACRE PARK SITE
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP
45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID NORTHWEST QUARTER
OF SECTION 7; THENCE, NORTH 88 ° 25'11" EAST, ALONG THE NORTH LINE
OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 2523.28 FEET TO THE
NORTHEAST CORNER OF THE SAID NORTHWEST QUARTER; THENCE, SOUTH
02 ° 11'52" WEST, ALONG THE EAST LINE OF THE SAID NORTHWEST QUARTER,
A DISTANCE OF 2237.70 FEET FOR A POINT -OF- BEGINNING.
THENCE, CONTINUE SOUTH 02 ° 11'52" WEST, ALONG THE SAID EAST
LINE OF THE NORTHWEST QUARTER, A DISTANCE OF 431.03 FEET TO
THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER; THENCE,
SOUTH 88 ° 15'50" WEST, ALONG THE SOUTH LINE OF THE SAID
NORTHWEST CORNER, A DISTANCE OF 451.60 FEET; THENCE, NORTH
07 ° 44'12" WEST, DEPARTING SAID SOUTH LINE, A DISTANCE OF
176.19 FEET; THENCE, NORTH 46 ° 48'08" WEST, A DISTANCE OF
134.96 FEET; THENCE, NORTH 43 ° 11'52" EAST, A DISTANCE OF
92.48 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 400.00 FEET; THENCE, NORTHEASTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 51 A DISTANCE
OF 356.05 FEET TO THE POINT OF TANGENCY; THENCE, SOUTH
85 ° 48'08" EAST, A DISTANCE OF 206.40 FEET TO THE POINT -OF-
BEGINNING.
CONTAINING: 5.00 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF WAY OF
RECORD.
LEGAL DESCRIPTION - KNOLLWOOD GROVES P.U.D. PARK SITE
BENCH MARK LAND SURVEY ING & MAPPING, INC.
4152 WEST BLUE HERON BOULEVARD 12765 WEST FOREST HILL BOULEVARD
SUITE 121 - RIVIERA BEACH, FL 33404 $ SUITE 1316 - WEST PALM BEACH, FL 33414
FAX: (407)844 -9659 PHONE: (407)848 -2102 FAX: (407)793 -9285 - PHONE: (407)793 -9234
FILE: P159 ' DATE: 9/17/93 1 BY:SCM /CADD I CKD: , W.0. P159 [ SHEET _i_ OF _2_
NOTE: SEE SHEET 2 OF 2 FOR DESCRIPTION DELINEATION SKETCH
W. (ORNE(Z Dr -1-44 N. E. CORNER OF THE
rv.W. 1/4 >;c�(N - 1 ID 6 N . W. 1/4, SECTION 7 _______
� N88' 25' 11" E 2523. 28' — -4
N . LINE, N. W. 1/4, SECTION 7
100' 50' 0 100' 200'
3c II4 72
oI (0 ‘ 5 11 4
GRAPHIC SCALE (\FA - --°� gj I IN FEET /' v R D EXTE � c1.
�� J Q p =356. 05' `r S85 °48'08'E 2 06.40' '
i O � Q�0 0 � 00 3 Q \
b. 9 • 5 , 1
�
o POINT OF J
Qg t ..% BEGINNING .�,
.<(, �
/ . KNOLLWOOD 6KOVE� RU.D r
*te rt.. PARK 'ITS o
y , (5. 00 ACRES) • a
6. ---.. er 1— rN
X66 9. Z N S
4, pp
// �•�',, LU
• 96 ? N i �
2
Cn 3 Q-
0
(o a
% S. E. CORNER, N. W. 1A4, u)
7.1 SECTION 7
..
v
z S. LINE, N. W. 1/4, SECTION 7 ,
--- ---
--- S88' 15' 50' W 45i. 60'
1116 N1EAPOWS � DOI - - - - - -- -- - -- --
P LAT No . ? j L. W. D. D. L 1 9 C ANAL EA�JEMEN1 w
THIS IS NOT A SURVEY
DESCRIPTION DELINEATION SKETCH - KNOLLWOOD GROVES P.U.D. PARK SITE
BENCH MARK LAND SURVEYING & MAPPING, INC.
4152 WEST BLUE HERON BOULEVARD 12765 WEST FOREST HILL BOULEVARD
SUITE 121 - RIVIERA BEACH, FL 33404 $ SUITE 1316 - WEST PALM BEACH, FL 334!4
FAX: (407)844 -9659 PHONE: (4071848 -2102 FAX: (407)793 -9285 - PHONE: (407)793 -9234
FILE: 13159 I DATE: 9/17/93 I BY: SCM /CADD I CKD: I 11.0..: P159 ' SHEET Z_ OF _?_
NOTE: SEE SHEET 1 OF 2 FOR LEGAL OESCRIPTION
FIRST ADDENDUM TO AGREEMENT
This is the First Addendum to an Agreement dated the
1API day of /J( . CCO `, 1994, between the CITY OF BOYNTON BEACH,
FLORIDA ( "CITY ") and MEADOWOOD GROVES, INC., ( "MEADOWOOD ") and R.
BRADFORD ARNOLD, TRUSTEE ( "ARNOLD "). (Meadowood and Arnold are
hereinafter collectively referred to as "KNOLLWOOD ")
WHEREAS, the parties have heretofore executed or will
execute contemporaneously with the execution of this Addendum an
Agreement regarding the approval of a Master Plan Amendment, the
conveyance of real property for a future park, and the payment of
funds by KNOLLWOOD to the CITY to improve the roadway system in the
vicinity of the Knollwood PUD ( "AGREEMENT "); and
WHEREAS, the parties hereto wish to modify the rights and
obligations of the parties as set forth in the AGREEMENT with
respect to the future park property and a cash in lieu of land
dedication for .6 acres, in conformance with preexisting conditions
of the Development Order pertaining to the property.
NOW, THEREFORE, the parties agree as follows:
1. In addition to conveying to the CITY the 5 acre
future park site parcel within the Knollwood Planned Unit
Development, KNOLLWOOD shall pay to the CITY cash in lieu of land
for .6 acres of land in an amount calculated in accordance with the
procedures set forth in Section 8, Article IX of Appendix C of the
Code of Ordinances of the City of Boynton Beach, in conformance
with the requirements of the Development Order pertaining to the
property. Payment of such sum shall be made at the time of, and as
a precondition to, the approval by the CITY of the first Plat with
respect to the Knollwood PUD and following the determination of the
fair market value of the land as determined pursuant to Section 8.D
of Article IX of Appendix C of the Code.
2. KNOLLWOOD represents to the CITY that, to its
knowledge, no independent inquiry, inspection or investigation
having been made, the 5 acre parcel conveyed pursuant to paragraph
3 of the AGREEMENT does not contain muck beds, buried debris, trash
or other surface debris. Prior to development of the PUD,
KNOLLWOOD shall take appropriate security measures to deter
contamination of the 5 acre parcel as a result of such development
and to prevent dumping on the 5 acre parcel by its contractors.
3. The CITY further acknowledges that the performance
of the terms of the Agreement and this Addendum shall constitute
satisfaction of the requirements of the Development Order as they
pertain to recreational contributions and KNOLLWOOD shall be
entitled to recreation impact fee credits allocable thereto.
5. KNOLLWOOD acknowledges that an additional
modification or revision to the Master Plan may require an
additional dedication to the CITY.
6. This Addendum may be executed in any number of
counterparts.
IN WITNESS WHEREOF, the undersigned have set their hands
and seals on the day and year set forth below.
Dated: /07 /" , 1994 CITY OF BOYNTON BEACH
ATTEST: /;
BY : 4 0e6/7 -
�� Mayor
Cit Clerk
Appr. ed as f to Form:
/
City At.rney
Dated: , 1994 MEADOWOOD GROVES, INC.
BY:
Robert C. Ochs, President
Dated: 1994 S � - �
R. ' BRADFORD ARNOLD, TRUSTEE
G: \LAW \MEADOWOOD \CITY AD3
G: \DATA \WPDATA \LAW \MEADOWOO \CITY.AD1
5. KNOLLWOOD acknowledges that an additional
modification or revision to the Master Plan may require an
additional dedication to the CITY.
6. This Addendum may be executed in any number of
counterparts.
IN WITNESS WHEREOF, the undersigned have set their hands
and seals on the day and year set forth below.
Dated: /0'1 // / , 1994 CITY OF BOYNTON BEACH
1
ATTEST:
_ / BY a !�C C'eZ t Cie-t .e.ei - �c .
5 a2�c.9 Mayor
City Clerk
Appr d s to Form:
, ti , /
City Attorne
Dated: , 1994 MEADOW D GROVES, INC.
j '-' 6.4 6.-f /-'
BY : I
Robert C. Ochs, President
, J
Dated: 47 /Cf / , 1994
R. BRADFORD ARNOLD, TRUSTEE
G \LAW \MEADOWOOD \CITY.AD3
G \DATA \WPDATA \LAW \MEADOWOO \CITY AD1