89-RR091589-1
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RESOLUTION NO. 89£~_~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE
WORKMANSHIP AND MATERIAL AGREEMENT FOR THE
SUBDIVISION (QUANTUM PARK AT BOYNTON BEACH);
ACCEPTING MAINTENANCE RESPONSIBILITIES OF
CERTAIN IMPROVEMENTS; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, Quantum Park at Boynton Beach (hereinafter referred
to as the "Subdivision") is a subdivision lying within the City of
Boynton Beach; and,
WHEREAS, the Subdivision has been platted (in accordance with
the Subdivision and Platting Regulations of the City of Boynton
Beach, Florida) by Quantum Associates, a Florida general
partnership, pursuant to the following described plats
(hereinafter collectively referred to as the "Plats"):
1. Quantum Park at Boynton Beach, P.I.D.
recorded in Plat Book 57, Pages 180 and 181;
2. Quantum Park at Boynton Beach, P.I.D. Plat No. 1,
recorded in Plat Book 57, Pages 182 and 183;
3. Quantum Park at Boynton Beach, Plat No. 2,
recorded in Plat Book 57, Pages 184 and 185;
4. Quantum Park at Boynton Beach, P.I.D. Plat No. 3,
recorded in Plat Book 60, Pages 29 through 31;
5. Quantum Park at Boynton Beach, P.I.Do Plat No. 4,
recorded in Plat Book 57, Pages 186 through 188;
6. Quantum Park at Boynton Beach, P.I.Do Plat No. 5,
recorded in Plat Book 57, Pages 189 and 190;
7. Quantum Park at Boynton Beach, P.I.D. Plat No. 6,
recorded in Plat Book 57, Pages 191 through 193;
8. Quantum Park at Boynton Beach, P.I.D. Plat No. 7,
recorded in Plat Book 57, Pages 194 and 195;
9. Quantum Park at Boynton Beach, P.I.D. Plat No. 8,
recorded in Plat Book 57, Pages 196 and 197;
10. Quantum Park at Boynton Beach, P.I.D.
recorded in Plat Book 60, Pages 32 and 33;
P.I.D.
Plat No. i-A,
Plat No. 9,
11. Quantum Park at Boynton Beach, P.I.D. Plat No. 10,
recorded in Plat Book 60, Pages 34 through 36;
12. Quantum Park at Boynton Beach, P.I.D. Plat No. 11,
recorded in Plat Book 60, Page 37;
13. The Plat of P.C.D. Center, recorded in Plat Book 60,
Pages 106 and 107; and,
WHEREAS, in accordance with Article XII of the Subdivision and
Platting Regulations of the City of Boynton Beach, Florida, a
Workmanship and Material Agreement has been prepared, and is
annexed hereto as Exhibit "A" and made a part hereof.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The City hereby approves the Workmanship and
Material Agreement annexed hereto as Exhibit "A", and directs
the Mayor to sign said Agreement on behalf of the City.
Section 2:
The City hereby accepts the responsibility and
the obligation to maintain the improvements and facilities
owned or controlled (either now or in the future) by the City
that are shown in the following captioned drawings:
Boynton Beach Park of Commerce
Earthwork in 13 Sheets
(DFN S-1355-004)
Boynton Beach Park of Commerce
100' R/W's in 68 Sheets
(DFN S-1355-00)
Boynton Beach Park of Commerce
N.W. 22nd Ave. in 29 Sheets
(DFN S-1355-001)
Boynton Beach Park of Commerce.
N.W. 22nd Ave. Bridge
over L.W.D.D. Canal
in 23 Sheets
(DFN S-1355-005)
Boynton Beach Park of Commerce
Quantum Blvd. Bridge
over L.W.D.D. Canal
E-4 in 13 Sheets
(DFN S-1355-003)
Savannah Square, Quantum Park
at Boynton Beach Plat 1-A
Paving & Drainage in 8
Sheets (DFN S-1317-001)
Savannah Square, Quantum Park
at Boynton Beach Plat 1-A
Water Distribution System
in 3 Sheets
(DFN S-1317-002)
Savannah Square, Quantum Park
at Boynton Beach Plat 1-A
Sewage Collection System in
4 Sheets (DFN S-1317-003)
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Not all of the improvements and facilities shown in the
above-captioned drawings are (or will be) owned or controlled
by the City, and the City's acceptance of the responsibility
and obligation to maintain hereunder shall only apply to those
improvements and facilities that are owned or controlled
(either now or in the future) by the City.
Section 3:
upon passage.
This Resolution shall take effect immediately
ATTEST:
CIT OF ACH, FLORIDA
Vite Mayor J / ~ _ .,~
Com~ssioner ~
C~~ioner ~ 7
~~issio~r
CI~ ~RK'~
(SEAL)
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090689-2
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WORKMANSHIP AND MATERIAL AGREEMENT
This Agreement is made this /q'~ day of September, 1989, by
and between Quantum Associates, a Florida general partnership
("Developer"), and City of Boynton Beach, a Municipal Corporation
of the State of Florida ("City").
WHEREAS, Developer is the developer of Quantum Park at Boynton
Beach ("Quantum Park"), a development of regional impact within
the City of Boynton Beach; and,
WHEREAS, for purp
Improvements" shall m
that are required und
of Boynton Beach in
subdivision within Boy]
~ses of this Agreement, the term "Required
~an and refer to the tangible improvements
~r the Subdivision and Platting Regulations
conjunction with the development of a
~ton Beach; and,
WHEREAS, certain ~quired Improvements have been completed in
connection with the development of Quantum Park; and,
WHEREAS, for purposes of this Agreement, the term "Work" shall
mean and refer to the Required Improvements shown on the following
captioned drawings:
Boynton Beach Park of Commerce
Boynton Beach Park of Commerce
Boynton Beach Park of Commerce
Boynton Beach Park of Commerce
Boynton Beach Park of Commerce
Savannah Square, Quantum Park
at Boynton Beach Plat 1-A
Savannah Square, Quantum Park
at Boynton Beach Plat 1-A
Savannah Square, Quantum Park
at Boynton Beach Plat 1-A
Earthwork in 13 Shee~
(DFN S-1355-004)T
100' R/W's in 68 Sheets
(DFN S-1355-00)
N.W. 22nd Ave. in 29 Sheets
(DFN S-1355-001)
N.Wo 22nd Ave. Bridge
over L.W.D.D. Canal E-4
in 23 Sheets
(DFN S-1355-005)
Quantum Blvd. Bridge
over L.W.D.D. Canal
E-4 in 13 Sheets
(DFN S-1355-003)
Paving & Drainage in 8
Sheets (DFN S-1317-001)
Water Distribution System
in 3 Sheets
(DFN S-1317-002)
Sewage Collection System in
4 Sheets (DFN S-1317-003);
and,
WHEREAS, this Agreement is being entered into pursuant to
Article XII, Section 1. of the Subdivision and Platting
Regulations of the City of Boynton Beach.
NOW THEREFORE, for good and valuable consideration, it is
hereby agreed as follows:
1. The Engineer of record, Rossi and Malavasi Engineers,
Inc., has certified that the Work has been completed substantially
in accordance with the plans and specifications therefor.
2. Developer guarantees the Work against defects in
workmanship and materials for one (1) year after the date of this
Agreement. In the event that the City Engineer gives written
notice to Developer, prior to the expiration of the one-year
guaranty period herein, of such a defect, then Developer shall
correct such defect in a timely manner at Developer's expense.
Such notice by City shall be sent by certified mail,
return-receipt requested, addressed to Developer, c/o Steven W.
Deutsch, Esq., 110 Southeast 6th Street, 110 Tower, 21st Floor,
Fort Lauderdale, Florida 33301-3415.
3. This Agreement is for the sole and exclusive benefit of
the parties hereto, and is not intended to benefit directly or
indirectly any person, entity or association not a party to this
Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals.
WITNESSES:
QUANTUM A~CIATES, a Florida
Genera~~p
By: -- ~
EdWard B. Deutsc-~,--a-s
General Partner
State ~ E ida
2s Mayor
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