87-WWCity of Boynton Beach is still the owner of certain
overwhich the improvements are to be constructed
ification pursuant to Florida Statutes; and
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, CONCERNING AUTHORIZATION
AND CONFERRAL OF JURISDICTION UPON PALM BEACH
COUNTY TO CONSTRUCT CERTAIN IMPROVEMENTS ON
CITY-OWNED RIGHT-OF-WAY.
WHEP. EA$, Quantum Associates, a Florida General Partnership
(hereinafter QUANTUM) is the developer of Quantum Park which was approved
as a development of regional impact in the City of Boynton Beach under
Ordinance 84-51; and
WHEREAS, Quantum was required to construct an additional two
lanes of Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard
including a new 2-lane bridge over the E-4 Canal; and
WHEREAS, the existing county 2-lane bridge substructure and
superstructure do not meet current design standards; and
WHEREAS, Quantum and County have mutually agreed subject to
city approval to construct a new 6-lane bridge (or side-by-side 3-lane
bridges, as the case may be) over the E-4 Canal on Northwest 22nd Avenue
which would be designed to current standards and built to the ultimate
section; and
WHEREAS, an examination of the records has indicated that the
right-of-way
subject to
WHEREAS, the City of Boynton Beach desires the improvements and
~truction to take place over its right-of-way in order to accommodate
the public safety and welfare; and
WHEREAS, City of Boynton Beach understands that such
construction cannot proceed without the granting of jurisdiction,
license, permits and easements over its right-of-way to County in order
to accommodate said construction;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
1. The recitals hereinabove set forth are incorporated herein
by reference.
2. The City of Boynton Beach herein grants to Palm Beach
County the right, license, permit, easement and any interest in land
necessary for construction of a new 6-lane bridge (or side-by-side 3-lane
bridges, as the case may be) over the E-4 Canal over lands belonging to,
deeded to, granted to, or otherwise de~. ated
Passed and adopted this
the City. of Boynton Beach.
day of ~~. , 1987.
/
ATTEST
C±ty
(SEAL)
CITY OF BOYNTON BEACH, FLORIDA
Meeting~ Date:
"ne 23~ 1987 /
/
~ EXECUTIVE BRIEF
Request Submitted By:
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Agenda Item ~:
8 - - 3
Page 1
Consent [ ]
Regular [ X ]
Engineering Department - Traffic Division
Title & Description: REQUEST BOARD ADOPT Resolution and Agreement BetWeen The Board
of County Commissioners Of Palm Beach County, Florida and Quantum Associates
Concerning Construction Of Two Lanes Of Northwest 22nd Avenue From Congress Avenue
To Seacrest Boulevard Including A New Bridge Over The E-4 Canal.
DISTRICT # 3
Backqround & History: Quantum Associates, the Developer of "Quantum Park" is
required to construct an additional two lanes of Northwest 22nd Avenue from C~ngress
Avenue to Seacrest Boulevard including a new two-lane bridge over the E-4 Ca~a,1 in
accordance with Ordinance 84-51.~ It has been determined that the existing CoUnty
two-lane bridge substructure and superstructure do not meet current design
standards. The Developer and County mutually desire to construct a ~new six-lane
bridge {or side by side three-lane bridges) which would be designed to current
standards and built to the ultimate section.
An Agreement to accomplfsh the above has been executed by Quantum. Associates and is
hereby submitted for consideration by-the Board of County Commissioners of Palm
Beach County.
Justification: The existing County two-lane bridge substructure and superstructure
do not meet current design standards. The proposed construction of a new six-lane
briUge .{or side by side three-lane bridges) over the E-4 Canal on Northwest 22nd
Avenue will improve the capacity, efficiency and safety of this bridge.
Recommendation: REQUEST BOARD ADOPT Resolution and Agreement Between The Board Of
County Commissioners Of Palm Beach County, Florida and Quantum Associates Concerning
Improvements To Northwest 22nd Avenue From Congress Avenue To Seacrest Boulevard
Including The Construction Of A New Bridge Over the E-4 Canal.
Exhibit's Attached For Board:
Contracts
Other Location Sketch and Resolution
Yes X No
This Agenda item DOES_[ X ] DOES NOT.[~ ] have a fiscal impact.
~Cha~les R.-Walker, ., P.E. Date
Director - Traffic Division
ADM FORM 01
II. FISCAL IMPACT ANALYSIS
Five Year Summary of Fiscal Impact:
Fiscal Years 198__Z7
Capital Expenditures 15,000
Operating Costs
Is Item Included In Current Budget?
Recommended Sources of Fund~:
Impact Fee Funds in Zone 25:.
198..~8 198_.~9 199__Q0
335,000
Yes X '
Page 2
A budget transfer establishing an expenditure account will be required.
.Summary of Fiscal Impact:
Palm Beach County's maximum:exposure under this Agreement is $350,000.
............... :':~FOR'OFHB, COUNTY ATTOi~N£y &"CLERK:usE'ONLy..:L=,...j ..........
OFMB Reviow and Comments:
IZZ. BOARD ACTIONS
Board Discussions/Modi fication:
APPROVED DENIED
COMM. KAREN T. MARCUS
COMM. CAROL A. ROBERTS
COMM. CAROL J. ELMQUIST
COMM. DOROTHY H. WILKEN
COMM. KEN ADAMS
DEFERRED
AYE
ATTEST:
VOTE:
NAY
DATE:
ABSENT
John B. Dunkle
Clerk of the Board of County Commissioners
By
Deputy Clerk
(THIS SUMMARY IS NOT TO BE USED AS A BASIS FOR PAYMENT.)
1/26/87
AGREEMENT
THIS AGREEMENT, made and entered into this day of
· 1987, by and between QUANTUM ASSOCIATES, a Florida General
Partnership, hereinafter referred to as "Quantum" and/or "Developer" and PALM
BEACH COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as "County".
W ITNESSETH
WHEREAS, Quantum ts the Developer of Quantum Park (Formerly known as the
Boynton Beach Park of Commerce), which was approved as a Development of
Regional ln~mact in the City of Boynton Beach under Ordinance 84-51~ and
WHEREAS, the Developer is required to construct an additional two lanes
of Northwest 22nd Avenue From Congress Avenue to Seacrest Boulevard Including
a new two-lane bridge over the E-4 Canal; and
WHEREAS, the existing County two-lane bridge substructure and
superstructure do not meet current design standards; and
WHEREAS, the Developer and County mutually desire to construct a new six-
lane bridge (or si~e by side three-lane bridges, as the case may be) over the
E-4 Canal on Northwest 22nd Avenue which would be designed to current
standards and butlt to the ultimate section.
NOW, THEREFORE· IN CONSIDERATION OF MUTUAL COVENANT, PROMISES AND
REPRESENTATIONS HEREIN· THE PARTIES AGREE AS FOLLOWS:
t. The Developer shall prepare construction plans and specifications For a
sixlane bridge over the E-4 Canal on Northwest 22nd Avenue.
2. The Developer shall enter into a ContraCt with a bridge Contractor for
the construction of the structure described in paragraph one ii) above. The
County shall have the right to reView the qualifications and ability to
perform of the Contractor selected by the Developer and mutual agreement of
the selection by both parties is required.
3. The County shall share the cost of both the design and construction of
the new bridge/bridges. The County shall pay 50~ of the design and
construction costs of the new bridge/bridges upon prepsentatlon of appropriate
invoices, along with documentation of the engineering or construction Fees.
4. The County shall use Its best efforts to pay 50~ of the design and
construction Fees aS said Fees come due. In the event the Beveloper is
obligated to advance any of the aforesaid Fees on behalf of the County, the
County shall in~nediately remit Its appropriate share to the Beveloper upon
presentation of evidence of such advance made by the Beveloper.
5. The County's obllgatlon under this Agreement shall be limited to the 50%
of the actual cost of the plans and construction of the bridge/bridges~
however, in no case shall the County's share exceed Three Hundred Fifty
Thousand Bollars ($350,000.00). These Funds shall be drawn From Fair Share
Impact Fee Zone 25.
6. The construction of the outlined Improvements shall be completed within
365 calenclar days after execution of this Agreement, provided, however, that
neither the County nor the Developer shall be in default under this Agreement
if by no Fault of the parties hereto, the completion date above is not met.
Neither party hereto shall be 1fable to the other For acts beyond their
respective control, including but not ltmlted to the Failure of the bridge
Contractor to complete the improvements in a timely manner'.
7. To the extent of any conflicts herein, this Agreement shall supersedea)l
other-agreements pertaining to the construction of the bridge/bridges between
the County and the Developer previously entered into.
IN WII~iESS WHEREOF, the parties have hereunto set their hands and seals
this day First above written.
Edward Deutsch, General Partner
ATTEST:
John B. Dunkle, Clerk
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
Deputy Clerk
Recomend Approval=
Chair
Approved as to Form and legal
sufficiency=
County Engineer
County Attorney
SEE MAP NO 67
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RESOLUTION NO. R-87-
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PALM BEACH COUNTY, FLORIDA, AUTHORIZING
EXECUTION OF AGREEMENT BETWEEN PALM BEACH COUNTY
AND QUANTUM ASSOCIATES CONCERNING IMPROVEMENTS TO
NORTHWEST 22ND AVENUE FROM CONGRESS AVENUE TO
SEACREST BOULEVARD INCLUDING THE CONSTRUCTION OF
A NEW BRIDGE OVER THE E-4 CANAL.
WHEREAS, Quantum Associates is the Developer of Quantum Park (formerly
known as the Boynton Beach Park of Commerce), which was approved as a
iDevelopment of Regional Impact in the City of Boynton Beach under Ordinance
~j 84-51; and
WHEREAS, the Developer is required to construct an additional two lanes
iof Northwest. 22nd Avenue from Congress Avenue to Seacrest Boulevard including
new two-lane bridge over the E-4 Canal; and
WHEREAS, the existing County two-lane
bridge substructure and
superstructure do not meet current design standards; and
j WHEREAS, the Developer and County mutually desire to construct a new
.!six-lane bridge (or side by side three-lane bridges, as the case may be) over
il the E-4 Canal on Northwest 22nd Avenue which would be designed to current
..j
,standards and built to the ultimate section.
)
,, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
iiPALM BEACH COUNTY, FLORIDA, that the Agreement between Palm Beach County and
iiQuantum Associates is hereby approved and the Chair and Clerk of this Board
fare authorized, in their respective capacities, to execute said agreement on
!behalf of Palm Beach County, Florida.
The foregoing resolution was offered by Commissioner
who moved its adoption. The motion was seconded by commissioner
and upon being put to a vote, the vote was as follows:
CAROL A. ROBERTS -
KENNETH M. ADAMS
KAREN T. MARCUS -
CAROL J. ELMQUIST -
DOROTHY H. WILKEN
The Chair thereupon declared the resolution duly passed and adopted this
day of
kPPROVED AS TO FORM AND
.EGAL SUFFICIENCY
, 1987.
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
John B. Dunkle, Clerk
~y
By.
County Attorney Deputy Clerk