90-YYYRESOLUTION NO. 90- ~
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE ACCEPTANCE OF THE MIA~Y HILL SURETY
AGREF~SAUf FOR THE "BLUM PLAT", A REPLAT OF A PORTION
OF THE SUBDMSION OF SECTIONS 29 and 20, TOWNSHIP
45 SOUTH, RANGE 43 EAST AS RECORDED IN PLAT BOOK 7,
PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA
WHEREAS, a substitute surety agreement in the amount of $165,000.00,
110~ of the cost of the improvements, has been received, and,
Attorney
said agreement meets with the approval of the City
NOW THEREFORE~. BE AND IT IS HEREBY RESOLVED BY THE CITY COS~ISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
That the Mindy Hill substitute surety agreement is hereby resolved
to have received final approval by the City Cc~nission in the City of Boynton
Beach, Florida, with all conditions previously agreed upon is hereby affirmed
and adopted.
PASSED AND ADOPTED THIS /~ day of /~/~ ~ ,1990.
CITY OF FLOR~A
Mayor
~xm~nission Member
Ccmmission M~r
(Corp. Seal)
~P~repared by and Return ~
~ames A. Cherof, Esq.
Josias & Goren, P.~
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
AGREEMENT BETWEEN CITY OF BOYNTON BEACH, A MUNICIPAL
CORPORATION OF THE STATE OF FLORIDA AND MIND.Y HILL PROVIDING
FOR THE SUBSTITUTION OF SURETY FOR THE BLUM PLAT LOCATED
IN PALM BEACH COUNTY, FLORIDA
THIS AGREEMENT entered into between the City of Boynton
Beach, a municipal corporation of the Sta~e of Florida
(hereinafter referred to as "CITY") through its Board of
Commissioners and Mindy Hill, a~ individual, (hereinafter
referred to as "HILL");
W I T N E S S E T H:
WHEREAS,. the CITY is the named beneficiary of that certain
Performance Bond dated February 5, 1987 (hereinafter referred to
as the "PERFORMANCE BOND"), issued by Aetna Casualty & Surety
Company (hereinafter referred to as '~SURETY"). Said PERFORMANCE
BOND provides in part that SURETY unconditionally covenants and
agrees that if "PRINCIPAL", (Paler's~evelopment Corp.) fails to
perform all or any part of the construction work as. set forth in
the subdivision improvement plans for the Pla5 commonly known as
"BLUM PLAT" within the time specified, the SURETY will forthwith
perform and complete the said construction work and pay the cost
thereof, 'including but not limited .to, engineering, legal, and
contingent costs and will indemnify and save harmless CITY as
aforesaid. Should SURETY fail or refuse to perform and complete
the said improvements, CITY, in view of the public interest,
health, safety and welfare factors involved and the~ inducement in
improving and filing said Plat, shall have the right to resort
to any and all legal remedies against
either, both at law and in equity,
specific performance, to which
unconditionally agree; and
PRINCIPAL and SURETY, or
including specifically
PRINCIPAL and SURETY
WHEREAS, Paler's Development Corp. (hereinafter referred to
as "PALER'S"), the fee simple title holder at the time said
PERFORMANCE BOND was issued, subsequently conveyed said title to
the Blum Plat on October 7, 1988 to HILL; and
WHEREAS, PALER'S is desirous of being relieved of all and
any of its existing liability under said PERFORMANCE BOND; and
WHEREAS, HILL is desirous of substituting a Clean
Irrevocable Letter of Credit in CITY'S favor in place and stead
of the existing PERFORMANCE BOND with SURETY; and
WHEREAS, CITY agrees to said substitution subject to the
terms and conditions as more fully~described herein;
NOW, THEREFORE, in consideratlon of the mutual terms,
conditions, promises, covenants and payments set forth, CITY and
HILL agree as follows:
Page 2 of 11
1.0 CITY and HILL hereby ratify and confirm as true and
correct the foregoing whereas clauses.
2.0 HILL hereby covenants and agrees to ~obtain -a Clean
Irrevocable Letter of Credit in the amount of $165,000.00 U.S.
DOLLARS (hereinafter referred to as the "LETTER OF CREDIT") in
favor of CITY. Said LETTER OF CREDIT shall be issued by a stable
financial institution reasonably acceptable to CITY'S Manager and
CITY'S Attorney. Upon receipt by CITY of written evidence
indicating the issuance of the LETTER OF CREDIT in CITY'S favor,
CITY shall substitute said LETTER OF CREDIT with the existing
$165,000.00 PERFORMANCE BOND provided by PALER and Aetna, and
release said PERFORMANCE BOND.
3.0 Said LETTER 0F CREDIT shall be activated and effectiVe
upon execution of this Agreement by the parties hereto.
=~ 4.0 CITY hereby covenants and agrees that HILL shall
hereby be entitled to a two (2) year time extension relative to
completing the required improvements on the "Blum Plat". If HILL
shall fail to perform all or any part of the construction work as
set forth in the Subdivision Improvemen~ Plans within two (2)
years from the full and complete execution of this Agreement,
CITY shall have the following options:
(a) Immediate entitlemen~ to the entire LETTER OF
CREDIT in the amount of $165,000.00. Said amount to be paid to
CITY immediately upon the receipt by the issuing financial
institution of the LETTER OF CREDIT of a statement signed by the
Page 3 of 11
City Engineer for the City of Boynton Beach, Palm Beach County,
Florida, certifying that HILL has not completed the required
improvements as set forth in the approved subdiwision plans for
the Blum Plat within said two (2) year period and that CITY is
exercising its election to Complete all remaining wOrk; Or
(b) Order the vacation and reversion to acreage of all
or any part of the sub-division. In the evenE CITY elects this
option, CITY shall proceed in accordance with Article XV of
Appendix C of CITY's Zoning Code. By virtue of this Agreement,
HILL, her successors or assigns, shall be deemed to have waived
any objection to said vacation and reversion.
4.1 Notwithstanding the foregoing, however, in the event
that HILL, her successors or assigns, shall have commenced
construction of the aforesaid construction work as set forth in
the subdivision improvement plans for the "BLUM PLAT"
(hereinafter referred to as the "IMPROVEMENTS,,), but the
IMPROVEMENTS shall not have been completed within the said two
(2) year time extension as provided herein above, the CITY shall
refrain from its options as set forth in Paragraphs 4.0(a) and
4.0(b) hereinabove and Shall grant an additional self-operating
one (1) year time 9xtension to penn, it such completion as long as
HILL, her successors or assigns are' diligently and continually
proceeding in good faith.
5.0 HILL unconditionally covenants and agrees that she
shall not sell any individually platted residential lots for the
Page 4 of 11
"BLUM PLAT" at any time during the next three (3) years unless
and until the IMPROVEMENTS are completely installed, ihspected
and approved by the Engineering Department and Utility Department
of the City of Boynton Beach, Florida. The foregoing shall not
be interpreted to preclude HILL from selling the. entire "BLUM
PLAT" (as hereinafter legally described) to a third party
purchaser, which purchaser agrees to be bound by all of the terms
and conditions as set forth herein. Further, as long as such
purchaser shall obtain a Clean Irrevocable Letter of Credit or
other form of. surety in favor of CITY issued by a stable
financial institution or insurance company reasonably acceptable
to CITY'S Manager and CITY'S Attorney, in the like amoun~ and
with like terms as th'at being obtained by HILL and accepted by
CITY herein and subject to the approval of the City Commission of
B0ynton Beach. If the above requirements are satisfied HILL'S
LETTER OF CREDIT shall thereafter be terminated, null and void
and of no further force and effect, and HILL shall be absolutely
and unconditionally released from all further liability or
obligation in connection herewith. Said approval by the City
Commission of Boynton Beach will not be unreasonably withheld or
delayed.
6.0 CITY hereby agrees and covenants that in the event
HILL fails to complete the IMPROVEMENTS as provided herein, CITY
shall actively maintain the current status of the "Blum_ Plat
Master Plan" for up to three (3) years from the date of full
Page 5 of 11
execution- hereof, subject to the terms and conditions of this
Agreement. ~ ....
7.0 For purposes of this Agreement "BLUM PLAT" shall be
defined as and shall include, the legal description as described
on Exhibit "A" hereto which is incorporated and made a part of
this Agreement.
8.0 This Agreement shall be recorded in the Public Records
of Palm Beach County, Florida. All recording fees associated
with recording this Agreement shall be paid by HILL.
9.0 This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements or
undertakings applicable to the matters contained herein and the
parties agree that there are no .commitments, agreements or
undertakings concerning the subject matter of this Agreement that
are~_~ not contained in this document. Accordingly,~ it is agreed
that no deviation from the terms hereof shall be predicated upon
any prior representations or agreements, whether oral or written.
10.0 It is further agreed tha~ no modification, amendment or
alteration of the terms and conditions contained herein shall be
effective unless contained in a written document executed with
the same formality_.and of equal dignity herewith.
11.0 The terms, provisions, covenants and conditions herein
shall be construed solely and in accordance with the laws of the
State of Florida. Venue for purposes of this Agreement shall be
Palm Beach County, Florida.
Page 6 of 11
12.O This Agreement shall bind and unless inconsistent with
this provision, shall inure to the benefit of the eX~cutor,
administrator or personal representative and the heirs and
assigns of each of the parties hereto.
13.0 This Agreement or any interest herein, shall not be
assigned, transferred or otherwise encumbered, under any
circumstances by HILL without the prior written consent of the
CITY in accordance with the provisions of this Agreement.
However, this Agreement shall run to CITY and its successors.
14.0 If CITY or HILL incurs any expense in enforcing the
terms of this Agreement whether suit be brought or not, the non-
prevailing party agrees to pay all such costs and expenses
including, but not limited to court costs (trial and all
appellate levels), interest, and reasonable attorney,s fees to
the prevailing party.
15.0 Each and every term, condition, provision, covenant
and promise provided for in this Agreement shall transcend and
survive execution, and shall continue until otherwise terminated,
waived or excused.
16.0 Whenever either party desires to give notice unto the
other, it must be_ given by writ~n notice, sent by registered
U.S. Mail, with return receipt requested, addressed to the party
for whom it is intended, at the place last specified, and the
place for giving of notice shall remain until it shall have. been
changed by written notice in compliance with the provisions of
Page 7 of 11
-- noo 05
'this paragraph. For the present, the parties designate the
following as the respective places~for giving notice to-wit':
As to City: J. Scott Miller, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
With a copy to: James A'~ Cherof, City Attorney
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
With a copy to: Vincent Finizio
Administrative Coordinator of
Engineering & Inspection
City of Boynton Beach
P.O. Box' 310
Boynton Beach, FL 33425-0310
As to Hill:
With a copy to:
Mindy Hill
15180 69th Drive North
Palm Beach Gardens, FL
33418
Lee B. Gordon, Esquire
Boose, Casey, Ciklin, Lubitz,
McBane & O'ConneI1
Northbridge Tower 1
19th Floor
5]5 North Flagler Drive
P.O. Drawer 024626
West Palm Beach, FL 33402-4626
executed
signature.
IN WITNESS WHEREOF, the parties hereto have made and
this Agreement on the respective dates under each
The CITY OF BOYNTON BEACH, through its Board Of
Commissioners signing by and through its Chairman and Secretary
authorized to execUte same by CITY on the /~ dat~ of
, 199o.
Page 8 of 11
BOARD//~C~ S S I ONERS
/ ~' ~r: GENE MOORE, MAYOR '
Attest:
S~NE M. KRUSE, CITY C~LRRK_
APPROVED AS TO L~O~ BY CITY
ATTORNEY FOg T CITY?OF
BEACH, FLO/~IDA/ // BOYNTON
Josias & Gotham, p.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33309
(305) 771-4500
tness '
Witness
MINDY HILL
DATED
STATE OF FLORIDA .. )
)
COUNTY OF PALM BEACH)
SS:
BEFORE ME, an officer duly_ qualified to take
acknowledgments, personally appeared
as Chairman of the Board of Commissioners of the City of Boynton
Beach, to me known to be the person described in and who executed
the foregoing instrument and acknowledged, before me that he
executed the same.
Page 9 of 11
6605
STATE OF FLORIDA )
COUNTY OF PALM BEACH~
WITNESS me hand_and official seal in the County
last aforesaid this ~r/Y day of ~PT~-~_~
].990 ~'
M~ Commission Expire~
SS:
BEFORE ME, an officer duly qualified to ta
acknowledgments, personally a e .
as Secreta _ PP ared ./~ ~ ~.~.~ . ..~. ~ ke
Beach ~- ry ,the Board of Commiss~~//L~/'[_,£,{~ .
---, uo me Known.. +~ ~ ~ ~=~ o,~ th~ ~_! ~
the
- ~ ~= une person describ~ ~ ~Y,°r Boynton
fore~o_n~ 4 ~ instrument and ~ _ =u ~n ano Who executed
ac.~nowled~ed before me that he
executed the same.
aforesaidWITNESS methishand~',and' official seal in the County and State
last
~ day of /'- ' ' "
~, UF,~ __, 1990.
'~.~ ,~ ~; ~x'/ ' , ~ ,;,t~ ~.' ' ,
MY Commission ExPires '
STATE OF FLORIDA ) ~°~"'~7~r~ crP"~sAuD'2% 19~3. .'' :
BEFORE
ME, personallyan offiCerappeareddUly qualified to take
acknowledgmentS,of the City of Boynton J~ES A. CHEROF as City
Attorney Beach, the ta me known to be the
person described in and who executedforegoing instrumen~_
acknowledged before me that he executed the same.
and
aforesaidWITNESS methishand~.~.and official seal in the County
last
_ day of .5'F'/T~~ and..State
:
My Commission ExpireS.:.
Page 1 O- o f 11 NOTARY PUBLIC, STATE: O~ ~F~ORIO-~
MY COMMISSION EXPIRESl APRI~
AGREEMNT
couN~y OF ~_iL~ E~6~ ,) ss.:
BEFORE ME,
~cknowled~me~ . an
,~u acknowled~ ~_n and who ~ ~LL, to ~ ~ take
W-- - =~ before .... executed ~"= ~nown t
~TNEss m~ ~ '"= unat ~ une f .... o
~ ~ay of _. ~ zn the Cou~
NOTARy PU "
as describS~ded in pl~=
Re-p~=~ ~ mOre m~.~c BOok
Se~?~ of =
East _ = and 2n ~ of th~
ueach Co~n~' 20
Lots 13 t
thereof _ ~o 16 i~ ~
SOUth, '~ ur the su~:~.~uSive,
a~d ~n the off~ast, assignor SectiOn. East
d ~ g 20 nty, thu · there
Lot~ _ ght o~ -- ' toge~ Floti~_ Clrcu~= of o~
Shown ~-: Comme~ land mn~ of Bo .~ bein 2 U~,said
2"~e or 1~ said ~ thence ~_u 43 Ea~~ ~ectio~
SoUthe~Uescribed~ ?~e poin~]: in s~_~°r 373 ~'~9 the
diSta~:~Y exten_S thence ~ of begi~]fu Lot l~fu feet,
the 2'~ce of ~, ~zon o~ ~°~tinu~ ~u~Zng o ~e,. sai
Notth,..lu' the So,.~ne of r.~ 28t th~~s, to a 2u~se, a
di-~ ~usterl,, ~Cneast _~u 28 _ =~ce e~-"_ Point .
' ~ feet t- ~ouerly ~ ~u Lot 2o~ 133.50 ur begin~.u 28, a
at
Exhibit "A',
RECORD
PA LM BEACH COUNTY, FLA.
JOHN 8, DUNKLE
CLERK CIRCUIT COURT