R90-198RESOLUTION NO.~90-l~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CERTAIN
TRI-PARTY AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND AMERICAN DEVELOPMENT,
INC.; A COPY OF SAID AGREEMENT BEING
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS~ it has been deemed by the City Commission of
the City Of Boynton Beach, Florida to be in the best
interests of the citizens and residents of said City to
snter into this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BO~NTON BEACH, FLORIDA TEAT:
Section 1. The Mayor and City Clerk are hereby
~uthorized and directed to execute a certain Agreement
Detween the City of Boynton Beach, Florida and American
Development, Inc., said Agreement being attached hereto as
Exhibit "A".
Section 2. This Resolution shall take effect
.mmediately upon passage.
PASSED AND ADOPTED this ~ day. of December, 1990
CIT~BOYNTON BEACH, FLORIDA
?/ ayor
Vide Mayor
~ommlssloner
~C~i s s idneF
TTEST:
(CorPOrate ~ea!)
~ommi 6s loner -~
Clerk
AGREEHEHT
This Tri-Party "AGREEMENT', made and entered intothis day of
, 'lg8g, by and .between American Development, Inc., ~ Florida corporation,
its ' and PALM ~BEACH~'COUNT¥, a political
and:.CIT¥~OF BOYNTON BEACH, a
Flow ~ality and State of Florida "CITY'.
W ~ TNESSETH:
WHEREAS, the DEVELOPER'S ~operty is toCatedon the southwest corner of
NW 22nd Avenue & congress Aven'~'~'which will~ be ~developed and to be known as
"Target Shopping Center"; and
;WHEREAS, the City of:Bo~nton Beach Zoning Petition File No. 411, Condition
No. 20, ~equireslRQadw~y !~ro~ements to be, m~de one of which is at the
intersection of HypOlUx° Road and Congress Avenue and requimes the construction
of a 'second west bobnd left-turn lane"; and
WHEREAS, the DEVELOPER has posted surety with the CITY in the amount of
~n3.60 for the reouired roadway improvements for the entire Petition which
WHEREAS, the COUNTYagrees that dual left turnlanesare necessary for east
bound l~eft-turning vehicles and desires to construct dual left turns on the west
approachin, order to,provide the appropriate al,ignment through the intersections
ahd to i~rovide ~e~eficial' impF6v~ments to the traffic capacity at this
intersection; and ~
WHEREAS, the requirements set forth in Boynton Beach Petition File No. 411
for the dual left turn lanes on the east approach encompassed with the
construction of d~l left turn lanes on the west approach is hereinafter referred
to as the PROJECT, and
WHER~S, the D~VELOPER will proceed with all necessary procedures to design
the plans ~and to a~quire all required permits, .r~ght of way documents, and
parcels,' e~c. in order for the PROJECT to be bid; and
WHEREAS, the COUNTY will take all required documents from the DEVELOPER
and put the PROJECT out for bid; and
WHEREAS, both parties will participate in funding the construction of the
PROJECT, wh~ile the DEVELOPER will contribute all necessary funds associated with
the acquisition of required right-of-way parcels.
NOW, THEREFORE, in consideration of mutual covenants, promises and
~gre~ments therein contained, the parties agree as follows:
1. The above recitations are true and correct and incorporated herein by this
~eference~
o
,Plans and. Riqht-Of-Way Documents
As soon as practicable, upon the execution of this Agreement, the
DEVELOPER shall enter into an Agreement with a consulting engineering
firm for the preparation of construction plans and right-of-way
documents for the construction of dual left turn lanes on the east
and west approaches of the intersection of HypoluxoRoad and Congress
Avenue. The County sh~ll have the right to review and approve both
the engineering firm and the amount of the contract. A sep&rat~
accounting/billing shall ~e ?complished for the additional work to
o
10.
All funding for right-of-way acquisition will be incurred by the
DEVELOPER including all costs associated with survey, property owner
maps, legal descriptions, and parcelled right of way maps required
for construction of the PROJECT.
d. Palm Bea~hCounty's obligation under, this agreement shall not exceed
$60,000 without further Board of County Comm~ss oners authorization.
The County has included this project
project shall ~inst
plans and
cumentation of all costs
in the Intersection
Improvement
COUNTY'S
in this
Fee.
-of-way
with
per
in connection with preparation of i , righ~-of~W~y~cquisition,
construction costs, attorneys' fees, engineering.expe~ses,'surety expenses,
and 'survey~ngexpenses incurred in. connection .with the~ .Developer's
obligations as contemplatedby this agreement {c~l)ect]~el% referred to
as"£o~ts"). Itisunderstood that no overheadoradmin~tra{(ve expenses
in6u~ed by the DevelOPer shall be reimbursed.
The covenants andagreements of DEVELOPER contained in ~his Agreement are
not personal'butrUn with the Property and shall be binding upon and inure
heirs, persona) representatives, successors, transferees orsuccessors in
interest in the Property. The term 'DEVELOPER, shal) means only the owner
or owners in.question of the Propertyand in, the event ofany transfer of
the Property, DEVELOPER (amd in the case of any sqbsequentltransfers or
conveyances, th~ grantor} shall be automatically f~eed!and.relieved from
and ~fter the ~te of such transfer or conveyancei of All personal
liabili~ties ai~ ~spects the performance of aBy~Co~e~aQts o~ obligations
qn the part of ~EVELOPER contained in ~thls Agre~m~n~nd ~e successive
transferee· oft .~ Property shall become liab!efor.. . the p~rfohmance of the
obligations of he DEVELOPER contained in this Agreement.
All notices, demands or other communications hereunder shall be in writing,
addressed to the parties as follows:
As to the DEVELOPER:
American Development Inc.
c/o Richard Critchfield Esq.
Richard H. Critchfield P.A.
2499 Glades Road, Suite 202
Boca Raton, Florida 33431
As to the COUNTY:
Palm Beach County
c/o Charles R. Walker, Jr., P.E.
Director - Traffic Division
Post Office Box 2429
West Palm Beach, FL 33402
Unless the address is changed by a party bylike notice given to the other,
notice shall be in writing, mailed certified mail, return receipt
requested, postage prepaid and Shall be deemed delivered ~en mailed or
upon hand delivery to the address indicated. Notwithstanding the
foregoing, notice, requests or demands or other communications referred
to herein may be sent by telegraph or Federal Express but shall be dee~<l
given only when received.
The parties hereto agree that in the event it becomes necessary for either
party to defend or institute legal proceedings as m result of the failure
of either party to comply with the terms, covenants and agreements herein
set forth, the prevailing party in sucJt litigation shall be entitled to
be reimbursed for all costs incurred and expended in connection therewith,
including but not limited to reasonable attorneys' fees and court costs
through all trial and appellate levels.
3
11. The governing law of this Agreement shall be construed and determined in
accordance with ~he laws of the State of Florida. Venue with respect to
any l~tigation shall be Palm Beach County, 'F~orida.~
12. No waiver of any of the provisions of this Agreement shall be effective
unless in writing and signed by the parties against whom it is asseted and
any such writte~~waiver shall only be appl~icablle~o'the specific instance
to which it relate.and shal~ n~t be'deemed~to-~be continuing or future
waiver.
Th~ n~nvi~(ons OR ~hisAqreement may not be modified, rescinded or amended
:i:~::whol'e ~Or in:..~rtwi~hout the. W-tiLden c~nsent~o~ DEVELOPER and the
COUNTY.
14. In the ~vent tha.t any time framerefe~enced in ~h.)$ Agreement cannot be
ob~at~6d through~no 6autt of the~DEVELO~ER, ~he-BEVE~OPER ~ay'applyto the
c~un~y~.~o?a time e~tension~ This extension shal~ hot be unreasonably
wi'thhe~d. .
TH,IS:AGREEMENT shall become effective upon approv~T oftheBoard of County
Commis~i9n~s o'fPalm B~ach County.; Florida.
IN'WItNESS WHEREOF~ the'parties have hereunto have s~ their hands and
seals ~n]the dates set forth below.
ATTEST: AMERICAN DEVELOPMENT, INC.
BY:
DATED:
(CORPORATE SEAL)
ATTEST:
John B. Dunkle, Clerk
PALM BEACH COUNTY, FLORIDA BY
ITS BOARD OF COUNTY COMMISSIONERS
By Deputy Clerk
BY:
Chairman
DATED:
Approved as to form
and legal sufficiency:
By.
County Attorney
CITY OF BOYNTON BEACH, FLORIDA
~BY:
DATED:
A17ES):
accomplish the dual left turn lanes on the west approach.
DEVELOPER shall have prepared and provide to the COUNTY all necessary
right-of-way acquisition documents including but not limited to
survey, property owners maps, legal descriptions for acquisition,
and parcelled right-of-way maps required for the constructionof the
PROJECT and subject to the approval of the County Engineer. Thes~
documents ~hal~l includea titlesearch for a minimum of 25 years.
)rovided ~--
descrtpt
nece
bid.
Plans
certified cost estimates
prior
sketches and
DEVELOPER
any other
PROJECT to
Right-Of-Way Acquisitioq
a. The COUNTYwill take such act)on as may be necessary tO acquire any
.~ecessa~ ~ight-~f-way forl ~he pRojECT.('Acqutsiltto~ Property');
p~ovided, however', that the DEVELOPER shall'advance the funds
~ecessary to acqu~.resuch Acquisitt°n:PropertYp:ayable atsuch time
as requested by the County to fund the acquisition, tt is the intent
that.this, right,of-way acquisition shall be completed prior to
August, 1, 1991.
b. ~he DEVELOPER shall enter into a written agreement w~th the Right-~
Of-Way Acquisition Section upon request by the M~nager] of Right-
of-Way Acquisition concerning the fundi:ng of ;the' Acquis~tion~
Property.
Construction
a. Upon completion of the plans and acquisition of right-of-way, the
COUNTY shall let a contract for the construction of the PROJECT
according to.the plans. It is the intentthat thisconstruction be
commenced within six (6) months of right-of-way acquisition.
Fundinq
a. The DEVELOPER shall contribute funds to cover the construction of
the east approach dual left turn lanes of the PROJECT as shown in
the certified cost estimate prepared by Kimley-Horn and Associates
dated June 20, 1990 along with necessary transitions west of the
intersection (Developer s Obligation). This contribution is
estimated to be $180,000. COUNTY will. provide funding as described
in the certified cost estimate, which is estimated to be $46,000 and
will provide for the additional cost tbprovide dual left turn lanes
on the west approach. In the event that the actual construction
costs exceed the total of $226,000, the extra funding requirements
will be assigned proportionally (80%Developer, 20% County) to the
DEVELOPER and the COUNTY. The DEVELOPER'S funds shall be paid t~
Palm Beach County upon request from ~he COUNTY when the PROJECT i
ready fo~ bid,basedupon an engineer'S estimate t~ken from the actu~
construct~oh plans.
b. In case of defaul~ by the DEVELOPER for funding, t~e CITY shall
release such required funds to thelCOUNTY from prewously ~jted
surety.