CORRESPONDENCE
GEE & JENSON
Engl neers,Architects,
Planners,lnc,
January 11, 1993
City of Boynton Beach
P.Q, Box 310
Boynton Beach, FL 33425-0310
Attn: J. Scott Miller, City Manager
Re: Miner Road - Missing Unk
Professional Design Services
Gentlemen:
We are pleased to submit the following proposal for professional services in connec-
tion with the completion of Miner Road from Citrus Glen to Sandlewood Drive within
the City of Boynton Beach (Melear P,U,D. portion of Miner Road).
Gee & Jenson Engineers-Architects-Planners, Inc" hereinafter referred to as the
Engineer, proposes to furnish professional services for the City of Boynton Beach,
hereinafter referred to as the Client of the scope outlined below for the fees stipulated
herein.
Scope of Services
The Engineer will perform the following:
1.
Prepare roadway construction plans and specifications for Miner Road (approxi-
mately 1200 LF) between Citrus Glen and Sandalwood Drive in accordance with
Palm Beach County development standards. A detailed outline of Scope of
Services is attached as Exhibit "B",
2.
Prepare and submit permit applications to Lake Worth Drainage District and
South Florida Water Management District.
3.
Address comments from the regulatory agencies during the permit application
process.
4.
Assist the City of Boynton Beach in obtaining bids for Miner Road (missing link)
including attendance at pre-bid conference, review of bids and preparation of a
bid award recommendation.
5.
Perform construction phase services for Miner Road (missing link). RECEIVED
JAN 1 4 1993
One Harvard Circle. West Palm Beach, Florida 33409-1923.407/683,3301 . FAX 407/686,7446
CITY MANAGER'S OFF"
City of Boynton Beach
Attn: J, Scott Miller, City Manager
January 11, 1992 - Page 2
6, Assist the city of Boynton Beach in obtaining bids for Minor Road (Citrus Glenn)
including attendance at pre-bid conference, review of bids and preparation of a
bid award recommendation, if necessary,
7. Perform construction phase services for Miner road (Citrus Glen).
8. Provide geotechnical testing for preparation of the roadway design.
Items to be Furnished by Client
At No Expense to the Engineer
Assist Engineer by furnishing, at no cost to the Engineer, all available pertinent
information including previous reports; all permit application and governmental
inspection fees; and any other data relative to performance of the above services for
the project, It is agreed and understood that the accuracy and veracity of said
information and data may be relied upon by Engineer without independent verification
of the same.
Designate in writing a person to act as the Client's representative with respect to the
services to be performed under this Agreement. Such person shall have complete
authority to transmit instructions, receive information, interpret and define the Client's
policies and decisions with respect to materials, equipment, elements and systems
pertinent to the Engineer's services.
Time of Performance
SCOPE ITEM
1 & 2
CALENDAR DAYS TO COMPLETE
90
3
60
4
In accordance with City schedule
5
Duration of construction contract
6
In accordance with City schedule
7
Duration of construction contract
GEE & JENSON
n
City of Boynton Beach
Attn: J. Scott Miller, City Manager
January 11, 1992 - Page 3
Fees to be Paid
For the Scope of Services the Engineer shall be paid the following Lump Sum Fees:
8
LUMP SUM FEE
$20,890.00
$ 3,625.00
$ 3,625.00
$2,000,00
SCOPE ITEM
1 & 2
4&5
6&7
For Item 3 of the Scope of Services the Engineer shall be paid a fee based upon the
attached Rate Schedule. See Exhibit A. Fee not to exceed $1,180,00.
In addition to the fees specified above, the Engineer shall be reimbursed for direct
nonsalary expenses, including, but not limited to, data processing, equipment rental,
automobile travel at $0.33 per mile, $0.55 per mile for four-wheel drive and trucks, long
distance telephone, subsistence, printing and reproduction, plus Florida sales taxes, if
applicable.
Client agrees to pay such invoice within the time frame specified in Section 218.70, et
seq., Florida Statutes, the 'Florida Prompt Payment Act'.
Payments which are not received within sixty (60) calendar days from the date of
invoice will be considered sufficient cause for Engineer to discontinue performing and
providing services until payment in full is received, If Engineer is required to take
action to collect past due invoices, the Client will pay all legal fees and costs,
This contract shall be governed by the laws of the State of Florida, and the appro-
priate venue for any actions arising out of the agreement would be West Palm Beach,
Florida.
If there are items that must be sublet, confirmed, certified or updated, the Engineer
shall, as agent of the Client, order the work with the Client's approval, and the
C:;EE &. JENSON
City of Boynton Beach
Attn: J. Scott Miller, City Manager
January 11, 1992 - Page 4
subcontractor shall bill the Client directly. The Client must make payments in accor-
dance with the terms on the invoice in order not to stop the work. If the Engineer is
directed by the Client to handle the subcontract for the Client, there will be a fifteen
(15) percent charge for handling.
In the event the Engineer is involved in providing services to assist the Client in
applying for and processing applications or permits, the fee for such service will not be
related to final approval or denial. All application or permit fees to agencies, associat-
ed with documents submitted by the Engineer on behalf of the Client, shall be paid to
the agency by the Client.
Litigation Fees
In the event the Engineer is involved in litigation as an expert witness or in any other
professional assignment connected with litigation, the fee for such service shall not be
related to the findings of any Court concerning the adequacy or inadequacy of the
fee, Such fee is to be paid at personnel costs times a factor of 2.85 by the Client
regardless of the decision of the Court.
Resident Project Services
On any project for which construction drawings and specifications were prepared by
the Engineer and a certification of construction is required by a regulatory agency, the
Client shall employ the Engineer to perform resident project services for observation of
the construction work. Unless the Engineer is engaged for resident project services,
they will not be in a position to certify the work to those regulating agencies having
jurisdiction and requiring certification. Project representation may require one or more
full or part-time project representatives, depending upon the requirements of the
project. The project representative will endeavor to provide protection for the Client
against observed defects and deficiencies in the work of the Contractor. However, the
furnishing of resident project services does not guarantee the work of the Contractor,
nor assume liability on the part of the Engineer for job safety or the Contractor's
means, methods, techniques, sequences and/or procedures.
Shop Drawing & Sampling Review
When retained by the Client to provide shop drawing and sample review services, as
part of the construction administration phase of a project, the Engineer's responsi-
n
City of Boynton Beach
Attn: J. Scott Miller, City Manager
January 11, 1992 - Page 5
bilities are limited to review for conformance with general design concept as required
in the contract documents only. Specifically excluded from our services are reviews of
dimensions, quantities, sizes, construction details, completeness of drawings and
means or materials used in fabrication or installation.
Modification to the Terms of this Agreement
In the event Client issues a Purchase Order or Memorandum or other Instrument
covering the professional services described herein, it is hereby specifically agreed
and understood that such Purchase Order, Memorandum or Instrument is for Client
internal control purposes only and any and all terms and conditions contained therein,
whether printed or written, shall be of no force or effect. This contract is the entire
contract between the parties and there is no modification or waiver of any of the terms
and conditions herein unless signed by both parties.
Estimates
Since the Engineer has no control over the cost of labor and materials or over
competitive bidding and market conditions, the estimates of construction cost provided
for herein are for general information only and are made in accordance with the
applicable standard of care. Accordingly, the Engineer does not guarantee the
accuracy of such estimates when compared to the Contractors' bids or the project
construction cost.
Termination
This Agreement may be terminated by either party by giving thirty (30) days advance
written notice. The Engineer shall be paid for services rendered to the date of
termination on the basis of a reasonable estimate of the portion of services completed
prior to termination and shall be paid for all reasonable expenses resulting from such
termination and for any unpaid reimbursable expenses.
OEE & JENSON
n
City of Boynton Beach
Attn: J. Scott Miller, City Manager
January 11, 1992 - Page 6
Ownership and Use of Documents
Drawings, specifications, and electronic data files as instruments of service are and
shall remain the property of the Engineer whether the project for which they are made
is executed or not. The Client shall be permitted to retain copiest including reproduc-
ible copies, of drawings, specifications, and hard copies of electronic data files for
information and reference in connection with the Client's use and occupancy of the
project.
A. The drawings and specifications shall not be used by the Client on other pro-
jects, for additions to the project, or for completion of the project by others
provided the Engineer is not in default under this agreement, except by agree-
ment in writing and with appropriate compensation to the Engineer.
Code and Regulatory Compliance
The Engineer prepares his work product based on known codes and interpretations
and relies on his experience to evaluate their applicability, Input and comments are
otten sought from authorities having jurisdiction and in many instances, agreements
are reached which impact the work product, When situations arise such as code revi-
sions, changes in interpretations, changes to agreed upon direction, or work per-
formed before required permits or agency approvals are received, the Engineer will
take appropriate action subject to the direction of the Client. Services associated with
these situations will be compensated for as additional services,
Modifications and Additions to Existing Structures
Because of the Engineer's many years of background and experience in design and
construction, the Engineer is qualified to make recommendations and designs which,
in the Engineer's opinion, will meet the needs of the situation. These services will be
performed in accordance with the Engineer's skill and ability and commensurate with
the applicable standard of care and the economics of the situation. Although the
documented components of the existing structure to be modified can be analyzed, the
actual components of the existing structure cannot be fully determined without
destructive analysis or the ability to perform other invasive technology or testing.
":lEE ?~ JENSON
n
City of Boynton Beach
Attn: J. Scott Miller, City Manager
January 11, 1992 - Page 7
Acceptance
Acceptance of this proposal may be indicated by the signature of a duly authorized
official of the Client in the space provided below. One signed copy of this proposal
returned to the Engineer will serve as an Agreement between the two parties and as
Notice to Proceed, This contract will be binding on the parties hereto and the parties'
successors and assigns. Should this proposal not be accepted within a period of sixty
(60) days from the above date, it shall become null and void.
Very truly yours,
GEE & JENSON
Engineers-Ar 'teets-Planners, Inc.
Accepted by:
CITY OF BOYNTON BEACH
By:
(Print Name)
Date:
RCD /bf
cc: W. Richard Staudinger
GEE & JENSON
n
EXHIBIT "A"
BASIS FOR COMPENSATION
HOURLY RATE SCHEDULE
1992 - 93
SENIOR PRINCIPAL
RINCIPAL
SENIOR TECHNICAL SPECIALIST
PROJECT MANAGER
SENIOR ENG-ARCH-PLNR-SURV
ENGINEER-ARCHITECT-PLANNER-SURVEYOR
CADD DESIGNER
SENIOR DRAFTER - TECHNICIAN
CADD DRAFTER
DRAFTER - TECHNICIAN
FIELD REPRESENTATIVE
SECRETARY
COMPUTER TECHNICIAN
SURVEY CREW
4 PERSON
3 PERSON
2 PERSON
150
125
95
85
80
65
65
55
50
40
55
25
55
100
85
65
RESEARCH CONSULTANT
COMPUTER TIME
CADD WORKSTATIONS - PER HOUR
PERSONAL COMPUTERS (PCs) - PER HOUR
RATES EFFECTIVE THROUGH JUNE 30, 1993
45
24
8
GEE & JENSON
n
EXHIBIT "B"
Miner Roadway Improvements
(From Citrus Glen to Sandalwood Dr.)
Scope of Services
1. Preliminary Phase:
A. Define both proposed and ultimate roadway section.
2, Produce 35% Complete Roadway Plans:
A. Title Sheet
B. Preliminary Drainage Map (1" = 50')
C. Preliminary Roadway Plan Sheets (1" = 20t)
Showing:
Roadway layout
Existing Profiles
Existing Utilities
Bench Marks & Sectional Corners
Note: Roadway Plans will not be prepared on aerial base sheets,
D. Preliminary Water Management Plan: A rectangular lake will be
sized to accommodate the runoff from Miner Road, This lake will
be located on the property south ot Miner Road and will be
adjacent to Miner Road right-ot-way.
E. Existing (100') Cross-sections
F. Review regulatory agencies comments and revise plans as required,
3, Produce 65% Complete Roadway Plans:
A. Summary of Quantities (items only)
B. Final Drainage Map
C. Drainage Design Computations
GEE & JENSON
n
EXHIBIT "B"
Miner Roadway Improvements
(From Citrus Glen to Sandalwood Dr.)
Scope 01 Services
(continued)
D. Preliminary Roadway Plan Sheets (1" = 20')
Showing: Proposed Drainage
Final Geometries
Proposed Profiles
Limits of Construction
Utility Conflicts
E. Preliminary Signing and Pavement Marking Plans
F. Review regulatory agencies comments and revise plans as
required.
4, Utility Coordination:
A. Coordinate with utility companies by submitting plans and request com-
ments,
5, Produce 96% Complete Roadway Plans:
A. Construction Specifications
B. Final Roadway Plan Sheets (1" = 20')
C. Drainage Structure Sheets
D. Detail Sheets
E. Final Cross-Sections
F. Quantity Computation Book
G. Engineers Cost Estimate
H. Apply for Permits
GEE & JENSON
n
EXHIBIT "B"
Miner Roadway Improvements
(From Citrus Glen to Sandalwood Dr.)
Scope of Services
(continued)
6, Produce 1 00% Complete Roadway Plans:
A. All Permits Received
B. Final Submittal
7, Bid Assistance & Construction Phase Services
A. Miner Road (Missing Link)
B. Miner Road (Citrus Glenn)
GEE &. ,JENSON
CITY MANAGER'S OFFICE
CITY OF BOYNTON BEACH
TO:
Chris Cutro
DATE
1/21/93
DEPARTMENT
Planning
D
D
D
APPROPRIATE ACTION ~
EVALUATION/RECOMMENDATION []
FOR YOUR FILES []
FOR YOUR INFORMATION
NOTE AND RETURN
OTHER
ACTION DESIRED PRIOR TO
SUBJECT: Miner Road - Missing Link (Professional Design Services)
Attached hereto please find a copy of a proposal dated January 11, 1993
from Gee & Jenson for professional services in connection with the comple-
tion of Miner Road from Citrus Glen to Sandlewood Drive within the City of
Boynton Beach (Melear P,U.D. portion of Miner ROad),
Once money is put up by the developer then this is the Engineering cost
(fee) estimated associated with the completion of the missing link of Miner
Road and Citrus Glen.
I would ask
proposal as
have to me.
you.
that you please review the scope of services as well as the
presented, and forward any comments and recommendations you may
Please hold on to this proposal for fut~IfC:JE~]EI> Thank
JAN 21
PLANNING DEPT.
-
-
RESPONSE:
Date (Action Completed)
Signature
n
GEE & JENSON
Engi neers,Architects,
Planners,lnc.
January 11, 1993
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: J. Scott Miller, City Manager
Re: Miner Road - Missing Link
Professional Design Services
Gentlemen:
We are pleased to submit the following proposal for professional services in connec-
tion with the completion of Miner Road from Citrus Glen to Sandlewood Drive within
the City of Boynton Beach (Melear P.U,D. portion of Miner Road),
Gee & Jenson Engineers-Architects-Planners, Inc., hereinafter referred to as the
Engineer, proposes to furnish professional services for the City of Boynton Beach,
hereinafter referred to as the Client of the scope outlined below for the fees stipulated
herein.
Scope of Services
The Engineer will perform the following:
1,
Prepare roadway construction plans and specifications for Miner Road (approxi-
mately 1200 LF) between Citrus Glen and Sandalwood Drive in accordance with
Palm Beach County development standards, A detailed outline of Scope of
Services is attached as Exhibit "B".
2.
Prepare and submit permit applications to Lake Worth Drainage District and
South Florida Water Management District.
3.
Address comments from the regulatory agencies during the permit application
process.
4.
Assist the City of Boynton Beach in obtaining bids for Miner Road (missing link)
including attendance at pre-bid conference, review of bids and preparation of a
bid award recommendation,
5,
Perform construction phase services for Miner Road (missing link), RECEIVED
JAN 1 " 1993
One Harvard Circle, West Palm Beach, Florida 33409-1923.407/683-3301 . FAX 407/686-7446
CITY MANAGER'S OFFICE
n
City of Boynton Beach
Attn: J. Scott Miller, City Manager
January 11, 1992 - Page 2
6. Assist the city of Boynton Beach in obtaining bids for Minor Road (Citrus Glenn)
including attendance at pre-bid conference, review of bids and preparation of a
bid award recommendation, if necessary.
7. Perform construction phase services for Miner road (Citrus Glen).
8. Provide geotechnical testing for preparation of the roadway design,
Items to be Furnished by Client
At No Expense to the Engineer
Assist Engineer by furnishing, at no cost to the Engineer, all available pertinent
information including previous reports; all permit application and governmental
inspection fees; and any other data relative to performance of the above services for
the project. It is agreed and understood that the accuracy and veracity of said
information and data may be relied upon by Engineer without independent verification
of the same.
Designate in writing a person to act as the Client's representative with respect to the
services to be performed under this Agreement. Such person shall have complete
authority to transmit instructions, receive information, interpret and define the Client's
policies and decisions with respect to materials, equipment, elements and systems
pertinent to the Engineer's services.
Time of Performance
SCOPE ITEM
1&2
CALENDAR DAYS TO COMPLETE
90
3
60
4
In accordance with City schedule
5
Duration of construction contract
6
In accordance with City schedule
7
Duration of construction contract
GE,E & JENSON
n
City of Boynton Beach
Attn: J. Scott Miller, City Manager
January 11, 1992 - Page 3
Fees to be Paid
For the Scope of Services the Engineer shall be paid the following Lump Sum Fees:
SCOPE ITEM
LUMP SUM FEE
8
$20,890.00
$ 3,625.00
$ 3,625,00
$2,000.00
1 & 2
4&5
6&7
For Item 3 of the Scope of Services the Engineer shall be paid a fee based upon the
attached Rate Schedule, See Exhibit A. Fee not to exceed $1,180,00,
In addition to the fees specified above, the Engineer shall be reimbursed for direct
non salary expenses, including, but not limited to, data processing, equipment rental,
automobile travel at $0.33 per mile, $0.55 per mile for four-wheel drive and trucks, long
distance telephone, subsistence, printing and reproduction, plus Florida sales taxes, if
applicable,
Client agrees to pay such invoice within the time frame specified in Section 218,70, et
seq., Florida Statutes, the 'Florida Prompt Payment Act'.
Payments which are not received within sixty (60) calendar days from the date of
invoice will be considered sufficient cause for Engineer to discontinue performing and
providing services until payment in full is received, If Engineer is required to take
action to collect past due invoices, the Client will pay all legal fees and costs.
This contract shall be governed by the laws of the State of Florida, and the appro-
priate venue for any actions arising out of the agreement would be West Palm Beach,
Florida.
If there are items that must be sublet, confirmed, certified or updated, the Engineer
shall, as agent of the Client, order the work with the Client's approval, and the
Gf:E ~IJ,. Jf:NSON
n
City of Boynton Beach
Attn: J. Scott Miller, City Manager
January 11, 1992 - Page 4
subcontractor shall bill the Client directly. The Client must make payments in accor-
dance with the terms on the invoice in order not to stop the work, If the Engineer is
directed by the Client to handle the subcontract for the Client, there will be a fifteen
(15) percent charge for handling.
In the event the Engineer is involved in providing services to assist the Client in
applying for and processing applications or permits, the fee for such service will not be
related to final approval or denial. All application or permit fees to agencies, associat-
ed with documents submitted by the Engineer on behalf of the Client, shall be paid to
the agency by the Client.
Litigation Fees
In the event the Engineer is involved in litigation as an expert witness or in any other
professional assignment connected with litigation, the fee for such service shall not be
related to the findings of any Court concerning the adequacy or inadequacy of the
fee. Such fee is to be paid at personnel costs times a factor of 2.85 by the Client
regardless of the decision of the Court,
Resident Proiect Services
On any project for which construction drawings and specifications were prepared by
the Engineer and a certification of construction is required by a regulatory agency, the
Client shall employ the Engineer to perform resident project services for observation of
the construction work. Unless the Engineer is engaged for resident project services,
they will not be in a position to certify the work to those regulating agencies having
jurisdiction and requiring certification. Project representation may require one or more
full or part-time project representatives, depending upon the requirements of the
project. The project representative will endeavor to provide protection for the Client
against observed defects and deficiencies in the work of the Contractor, However, the
furnishing of resident project services does not guarantee the work of the Contractor,
nor assume liability on the part of the Engineer for job safety or the Contractor's
means, methods, techniques, sequences and/or procedures.
Shop Drawing & Sampling Review
When retained by the Client to provide shop drawing and sample review services, as
part of the construction administration phase of a project, the Engineer's responsi-
(~EE 8, JENSON
n
City of Boynton Beach
Attn: J, Scott Miller, City Manager
January 11, 1992 - Page 5
bilities are limited to review for conformance with general design concept as required
in the contract documents only. Specifically excluded from our services are reviews of
dimensions, quantities, sizes, construction details, completeness of drawings and
means or materials used in fabrication or installation.
Modification to the Terms of this Agreement
In the event Client issues a Purchase Order or Memorandum or other Instrument
covering the professional services described herein, it is hereby specifically agreed
and understood that such Purchase Order, Memorandum or Instrument is for Client
internal control purposes only and any and all terms and conditions contained therein,
whether printed or written, shall be of no force or effect. This contract is the entire
contract between the parties and there is no modification or waiver of any of the terms
and conditions herein unless signed by both parties.
Estimates
Since the Engineer has no control over the cost of labor and materials or over
competitive bidding and market conditions, the estimates of construction cost provided
for herein are for general information only and are made in accordance with the
applicable standard of care, Accordingly, the Engineer does not guarantee the
accuracy of such estimates when compared to the Contractors' bids or the project
construction cost.
Termination
This Agreement may be terminated by either party by giving thirty (30) days advance
written notice. The Engineer shall be paid for services rendered to the date of
termination on the basis of a reasonable estimate of the portion of services completed
prior to termination and shall be paid for all reasonable expenses resulting from such
termination and for any unpaid reimbursable expenses,
(lEE, ll~ "n::NSON
n
City of Boynton Beach
Attn: J. Scott Miller, City Manager
January 11, 1992 - Page 6
Ownership and Use of Documents
Drawings, specifications, and electronic data files as instruments of service are and
shall remain the property of the Engineer whether the project for which they are made
is executed or not. The Client shall be permitted to retain copies, including reproduc-
ible copies, of drawings, specifications, and hard copies of electronic data files for
information and reference in connection with the Client's use and occupancy of the
project.
A. The drawings and specifications shall not be used by the Client on other pro-
jects, for additions to the project, or for completion of the project by others
provided the Engineer is not in default under this agreement, except by agree-
ment in writing and with appropriate compensation to the Engineer.
Code and Regulatory Compliance
The Engineer prepares his work product based on known codes and interpretations
and relies on his experience to evaluate their applicability. Input and comments are
often sought from authorities having jurisdiction and in many instances, agreements
are reached which impact the work product. When situations arise such as code revi-
sions, changes in interpretations, changes to agreed upon direction, or work per-
formed before required permits or agency approvals are received, the Engineer will
take appropriate action subject to the direction of the Client. Services associated with
these situations will be compensated for as additional services,
Modifications and Additions to Existing Structures
Because of the Engineer's many years of background and experience in design and
construction, the Engineer is qualified to make recommendations and designs which,
in the Engineer's opinion, will meet the needs of the situation. These services will be
performed in accordance with the Engineer's skill and ability and commensurate with
the applicable standard of care and the economics of the situation, Although the
documented components of the existing structure to be modified can be analyzed, the
actual components of the existing structure cannot be fully determined without
destructive analysis or the ability to perform other invasive technology or testing.
Gf::E,&. ,JENSON
n
City of Boynton Beach
Attn: J. Scott Miller, City Manager
January 11, 1992 - Page 7
Acceptance
Acceptance of this proposal may be indicated by the signature of a duly authorized
official of the Client in the space provided below, One signed copy of this proposal
returned to the Engineer will serve as an Agreement between the two parties and as
Notice to Proceed. This contract will be binding on the parties hereto and the parties'
successors and assigns. Should this proposal not be accepted within a period of sixty
(60) days from the above date, it shall become null and void.
Very truly yours,
GEE & JENSON
Engineers-Ar 'tects-Planners, Inc,
Accepted by:
CITY OF BOYNTON BEACH
By:
(Print Name)
Date:
RCD /bf
cc: W. Richard Staudinger
GEE&. ,JE.NSON
n
EXHIBIT "A"
BASIS FOR COMPENSATION
HOURLY RATE SCHEDULE
1992 - 93
SENIOR PRINCIPAL
RINCIPAL
SENIOR TECHNICAL SPECIALIST
PROJECT MANAGER
SENIOR ENG-ARCH-PLNR-SURV
ENGINEER-ARCHITECT-PLANNER-SURVEYOR
CADD DESIGNER
SENIOR DRAFTER - TECHNICIAN
CADD DRAFTER
DRAFTER - TECHNICIAN
FIELD REPRESENTATIVE
SECRETARY
COMPUTER TECHNICIAN
SURVEY CREW
4 PERSON
3 PERSON
2 PERSON
150
125
95
85
80
65
65
55
50
40
55
25
55
100
85
65
RESEARCH CONSULTANT
COMPUTER TIME
CADD WORKSTATIONS - PER HOUR
PERSONAL COMPUTERS (PCs) - PER HOUR
RATES EFFECTIVE THROUGH JUNE 30, 1993
45
24
8
GEE &: JENSON
n
EXHIBIT "B"
Miner Roadway Improvements
(From Citrus Glen to Sandalwood Dr.)
Scope of Services
1, Preliminary Phase:
A. Define both proposed and ultimate roadway section,
2. Produce 35% Complete Roadway Plans:
A. Title Sheet
B, Preliminary Drainage Map (1" = 50')
C. Preliminary Roadway Plan Sheets (1" = 20')
Showing:
Roadway layout
Existing Profiles
Existing Utilities
Bench Marks & Sectional Corners
Note: Roadway Plans will not be prepared on aerial base sheets.
D, Preliminary Water Management Plan: A rectangular lake will be
sized to accommodate the runoff from Miner Road, This lake will
be located on the property south of Miner Road and will be
adjacent to Miner Road right-of-way.
E. Existing (100') Cross-sections
F. Review regulatory agencies comments and revise plans as required.
3. Produce 65% Complete Roadway Plans:
A. Summary of Quantities (items only)
B, Final Drainage Map
C. Drainage Design Computations
GEE&
n
EXHIBIT "B"
Miner Roadway Improvements
(From Citrus Glen to Sandalwood Dr.)
Scope of Services
(continued)
D. Preliminary Roadway Plan Sheets (1" = 20')
Showing: Proposed Drainage
Final Geometries
Proposed Profiles
Limits of Construction
Utility Conflicts
E. Preliminary Signing and Pavement Marking Plans
F. Review regulatory agencies comments and revise plans as
required.
4. Utility Coordination:
A. Coordinate with utility companies by submitting plans and request com-
ments.
5. Produce 96% Complete Roadway Plans:
A. Construction Specifications
B, Final Roadway Plan Sheets (1" = 20')
C, Drainage Structure Sheets
D. Detail Sheets
E. Final Cross-Sections
F. Quantity Computation Book
G. Engineers Cost Estimate
H. Apply for Permits
GEf.: XiI JE.NSON
n
EXHIBIT "B"
Miner Roadway Improvements
(From Citrus Glen to Sandalwood Dr,)
Scope of Services
(continued)
6. Produce 1 00% Complete Roadway Plans:
A. All Permits Received
B. Final Submittal
7, Bid Assistance & Construction Phase Services
A. Miner Road (Missing Link)
B. Miner Road (Citrus Glenn)
(~EE &\ JENSON
I I
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n
GEE & JENSON
Engineers,Architects-Planners, Inc,
'-'
One Harvard Circle
West Palm Beach, FL 33409
Telephone (407) 683,3301
Fax (407) 686,7446
March 15, 1993
....
Mr. Chris Cutro
City of Boynton Beach
P.O. Box 310
Boynton Beach, FI 33425-0310
I~TICEIVED
Re: Miner Road
. 10
PLANNli~u o.:pT.
..
Dear Chris:
After our recent meeting with Palm Beach County, I have outlined the following from my
notes as our action plan:
1. Letter to participants to update them on meeting with Palm Beach County - (Charlie
Walker) .
2. Outline of draft 3-party agreement - City/Glick/Knollwood Groves
. Glick - $50,000 letter of credit plus $25,000
. Knollwood Groves - $140,000 to $160,000 less Glick's $75,000 plus
Engineering fees.
. Knollwood Groves - park site and perimeter easement to City
. City (1) vest development rights on Knollwood Groves, (2) assist in
obtaining Palm Beach County impact fee credit.
3. Outline of draft 2-party agreement - City/Granados
. Drop all lawsuits with prejudice against refiling
. Granados - $80,000 remaining construction work plus Engineering fees to
finish.
4. Letter to Charlie Walker - overview of what City and developers want.
. Waive County policy and get credit for impact fees - safety and annexation
issues.
5. Follow-up meeting with attorneys by March 15 - 19th - Chris set up meeting.
n
Mr. Chris Cutro
City of Boynton Beach
March 15. 1993 - Page 2
As you can see by Item No.6, we need to be pushing this quickly. It was my
understanding you were going to follow-up with Charlie on draft agreements. I am willing
to assist as necessary. However, as you and Scott are aware, these services by Gee &
Jenson are additional and not covered by the retainer, so I am sensitive to keeping our
involvement to an acceptable, cost effective level.
Very truly yours,
WRS/bf
91-025/101
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COMPANY, INC.
8330 WOODFIELD CROSSING BLVD.
P.O, BOX 40177 (317) 469.0400
INDIANAPOLIS, INDIANA 46240
DHL WORLDWIDE EXPRESS
March 24, 1993
Mr. Christopher Cutro
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33435-0310
Re: Melear PUD
Dear Mr. Cutro:
This will confirm our telephone conversation concerning the
construction of Miner Road along the north boundary of the portion
of the Melear Planned Unit Development west of Sandalwood Drive.
It is my understanding that the city of Boynton Beach is proposing
to design and construct the extension of Miner Road from Sandalwood
Drive to Lawrence Road.
The Gene B. Glick Company, Inc. will agree to enter into an
agreement with the city of Boynton Beach providing for the Glick
Company to contribute seventy-eight thousand dollars ($78,000)
toward the cost of the portion of Miner Road adjacent to the Melear
PUD subject to the following conditions:
1. The Glick Company shall received a road/traffic impact fee
credit in an amount equal to this contribution, which credit
may be applied at our discretion toward the road/traffic
impact fees applicable to the Melear PUD.
2. The City of Boynton Beach or Palm Beach County shall cancel
and release the following bonds posted by the Glick Company:
a. A Subdivision Improvement Bond No. 2646981 in the amount
of $54,123.78 dated February 23, 1989, guaranteeing the
construction of subdivision improvements in Chalet IV -
Plat 1.
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b.
Payment Guarantee Bond No. 7014647 dated January 12, 1989
in the amount of $30,000 to guarantee the cost of
signalization of Sandalwood Drive and Congress Avenue.
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PLAI'~f'~ij~G D'
Mr. Christopher Cutro
March 24, 1993
Page Two
3. The agreement shall provide that this contribution shall
fulfill all construction requirements relating to Miner Road
by the Glick Company or any subsequent owner of the Melear
Planned unit Development property except for the construction
of interior street or drive intersections to Miner Road from
the PUD.
The agreement will need to contain some guarantee that once payment
has been made that the road construction will be completed within
some identified period of time.
For your information, the length of the unimproved portion of Miner
Road, adjacent to the Melear PUD, is approximately 1,220 feet,
however, the west 165 feet of frontage borders property owned by
the city of Boynton Beach and is improved with a water storage
facility.
Sincerely,
GLICK COMPANY, INC.
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Bisesi
JTB/dc
MEADOWOOD
(j1UW-ed-
p, 0, Box 3798
Lantana, FL 33465-3798
March 11, 1993
(407) 731-4949
Fax (407) 737-6700
Mr. Chris Cutro
City of Boynton Beach
Planning Department
P. O. Box 310
Boynton Beach, FL 33425
RECEIVED
MAR 15
PLANNING DE:PT.
RE: Knollwood Groves PUD Modification
Dear Chris:
Please accept our thanks for your time and effort in working with
us to resolve the issues related to our appl ication for a
modification of the Knollwood Groves PUD.
Pursuant to our several discussions on this matter, we are in
agreement that the conditions of approval of the PUD will be
modified to reflect a commitment by us, as owners of the Knollwood
PUD, to pay for a portion of the construction of the "missing link"
of Miner Road. We are also in agreement that the requirement to pay
road impact fees in advance for the improvement of Hupoluxo Road
will be deleted from the conditions of the approval.
It is our understanding that the City proposes the fol lowing: that
the respective owners of the Melear PUD and the Knol lwood PUD wil I
pay the estimated road design, permitting and construction costs
for Miner Road extension; that a special fund will be established
by the City to accept these payments, to be used only for the Miner
Road extension, and that the City of Boynton Beach, through its
consulting engineerst wil I build the "missing link" of Miner Road.
Based on a contract proposal submitted to the City by Gee and
Jensen, Engineers, we understand that design fees for that portion
of the road for which the owners of the Melear and Knollwood PUDs
are responsible will be $26,515.00. The road construction cost is
estimated to be in the range of 140,000.00 to $160,000.00.
Further, it is our understanding that the cost to complete that
portion of Miner Road, including the engineering design fees, for
which the owners of the Citrus Glen PUD is responsible, will be
paid by the developer of that project.
We understand that the GI ick Company, owner of the Melear PUD
property, is required to contribute $53,000.00 toward the cost of
the Miner Road construction, and that this amount has already been
posted, as required by a condition of the approval for the PUD. We
also understand that the Glick Company has offered an additional
$25,000.00 toward the road construction costs, provided that road
impi3ct. fee credit.s can be i3s;5ured for this i3.ddit.ioni3.1 contribution.
President
v
cc: Willard Arnold, Anna Cottrel I
LAW OFFICES
BALOCCO and ?ANN
Joseph M, Balocco. PA
Karen M, Zann. P.A.
A Partnership of Professional Associations
1323 SE Third Avenue
Fort Lauderdale. Florida 33316
(305) 764-0005
FAX (305) 764-1478
April 19, 1993
Michael T. Burke, Esquire
P.o. Box 030220
Fort Lauderdale, FL 33303-0220
CONFIDENTIAL
FOR SETTLEMENT PURPOSES
ONLY
Re: Citrus Glen vs. City of Boynton Beach
Dear Mike:
I am wr i ting this letter in reference to recent conversations
with my client regarding its discussions with your client, City
Planner, Chris Cutro, and the City Attorney, Jim Cherof. While
my client has reinvigorated the litigation in this case in light
of its firm belief that it would prevail on its damage claim for
at least several million dollars, my client would like to see
this matter resolved as soon as possible and has therefore
authorized the following settlement proposal:
1) Citrus Glen Limited Partnership (hereinafter referred to as
"Citrus Glen") will immediately pay a lump sum amount of
$100,000.00 to the City of Boynton Beach, which amount will fully
and finally absolve it of any responsibilities pursuant to its
current obligation to complete the construction of a portion of
Miner Road, as well as any and all other responsibilities which
Citrus Glen may have to the City regarding the Executive Estates/
Citrus Trail plats/developments.
2) The City will execute a Release and Return of the Performance
Bond by The American Insurance Company on behalf of Citrus Glen
for the construction of Miner Road, as well as a Release to
Citrus Glen regarding any and all obligations by Citrus Glen for
any further improvements of any nature to the Executive Estates/
Citrus Trail plats/developments, copies of which are attached.
3) Citrus Glen and The American Insurance Company shall
voluntarily dismiss its Amended Complaint with prejudice and the
City of Boynton Beach shall voluntarily dismiss its Counter-
Claim with prejudice.
4) Each party shall bear its own attorney's fees and costs,
5) This settlement offer shall be extended for forty-five (45)
days from this date and if not accepted within that time, shall
be considered null and void and shall not be renewed.
Michael T. Burke, Esquire
April 19, 1993
Page Two
My client is hopeful that this good faith offer to resolve this
matter will allow the parties to avoid further extensive and
expensive litigation and will allow the City to go forward to
complete the much-needed construction of Miner Road without
further delay.
Please let me know as soon as possible your client's response to
this proposal.
KMZ/skj
cc: Felix Granados, Jr.
,l
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GEE & JENSON
Engineers Architects,Planners, Inc
May 28, 1993
One Harvard Circle
West Palm Beac!'" FL 33409
Telephone (407\ 683,3301
Fax (~07) 6867446
Mr, James A Cherof
City Attorney
City of Boynton Beach
% Josias & Goren, P,A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
Re: Miner Road Contracts
Dear Jim,
At the May 04, 1993 City commission meeting, the City Attorney and City Engineer were directed
by the Commission to draw-up contracts based on the concept approved at that meeting for
funding and construction of Miner Road, Enclosed is a summary sheet outlining the major points
to be included in the two (2) contracts.
The first contract will be between the City of Boynton Beach and the Citrus Glen Development
(Felix Granados, Jr,) for the partially constructed western portion of the roadway. Step 1 is to
ascertain the extent of roadway construction to be completed. Mr. Granados represents that
approximately $100,000 of work remains to be completed from the original roadway contract of
$278,000. Once this value is verified, the City can move ahead to complete the roadway, Mr.
Granados can drop his lawsuit and the City can cancel the bond presently guaranteeing the
construction of the roadway. Mr, Granados is to fund the cost to complete the roadway plus
engineering inspection fees during construction for his portion of the roadway, all of which is
approximately $100,000.
The second contract will be between three (3) parties, the City of Boynton Beach, The Gene B.
Glick Company, and Meadowood Groves, Inc, for the -missing link- portion of Miner Road,
Details of the major points to be included in this second contract are also enclosed,
Please call to discuss this matter.
Very truly your
(C(~
W, Richard Staudinger. P,E.
RECEIVED
WRS/jer
encl.
91025,46/101
JUN 1
PLANNING DEPT.
I
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cc:
Christopher Cutro- w/encl.
J. Scott Miller
n
Contract No, 1 - Between Citrus Glen and the City of Boynton Beach
Granados & City meet on-site with SFWMD within ten (10) days of signing agreement to ascertain
extent of construction remaining,
. Granados' to provide file, plans and documents to City on roadway
construction - including quantities and contract.
. Granados' to provide $100,000 in escrowed funds.
. Granados' to pay any requirements for construction and
construction inspection services in excess of estimated cost ($1 OOk)
after field verification inspection and construction bids received by
City,
. Granados to drop lawsuit and City to cancel bond for roadway work,
. This contract to be valid even if Knollwood Groves contract is never completed,
1
n
Contract No.2 - 3 Way Between:
1,
2.
3,
City of Boynton Beach
Gene B. Glick Company, Inc. (Melear P.U.D,)
Meadowood Groves, tnc, (Knollwood Groves P,U.D.)
Gene B. Glick, Co. will provide $78,000 cash to City - This is to be tied to $78,000/$160,000
(48.75%) of the actual construction costs. It will be adjusted upwards after bids if total
construction dollars needed are in excess of $160,000,
Glick will provide easement and site for temporary detention pond of ::l: 1 acre if required by
permitting agencies. Such pond can be relocated and incorporated into the on-site drainage
system of the Melear PUD once the site is developed,
City will assist Glick in obtaining RoadlTraffic impact fee credit from Palm Beach County for the
$78,000 contribution, No guarantee is made that this will be obtained, City to pass resolution
and use best efforts.
City will cancel Glick bond ($54,123.78) once construction cost is paid to City, City will
immediately begin plan preparation and take construction bids by December, 1993 and initiate
construction by June, 1994,
Meadowood Groves will pay $82,000 cash to City for construction, This is to be tied to
$82,000/$160,00 (51.25%) of the actual constitution costs - adjustments will be made upwards
after bids if total construction dollars needed are in excess of $160,000.
Meadowood Grove will dedicate a 12 ft. wide drainage easement along the west and south
boundaries of the Knollwood PUD,
Meadowood Groves will dedicate by deed the designated 5 acre park site. Meadowood Groves
will pay additional $26.515 to City for design of roadway.
City will vest PUD once above conditions are met.
City will assist Meadowood in obtaining RoacVTraffic impact fee credit from Palm Beach County
for the $82.000, No guarantee is made that this will be obtained. City to use best efforts and
pass resolution supporting fee credits,
This contract is to be valid even if Citrus Glen contract is never signed or completed,
:jer
91-025.46/101
2
1993 BOYNTON BEACH GOLF LEAGUE SCHEDULE
l2f1Jf1.
May 26th
June 2nd
June 9th
June 16th
June 23rd
June 30th
July 7th
July 14th
July 21st
July 28th
August 4th
August 11th
Name
=
Chris/Scott
Scott/Jim
Chris/Jim
Chris/Richard
Scott/Richard
Chris/Scott
Richard/Jim
Chris/Jim
Scott/Richard
S cott/ Jim
Richard/Jim
Chris/Richard
50001
WRSljer
c: Jim Cherof
Chris Cutro
J. Scott Miller
n
GEE & JENSON
Engineers,Architects,Planners, Inc.
August 19, 1993
One Harvard Circle
West Palm Beach, FL 33409
Telephone (407) 683,3301
Fax (407) 686,7446
Mr, James Cherof
City Attorney
City of Boynton Beach
100 E. Boynton Beach Blvd.
P,O, Box 310
Boynton Beach, FL 33425-0310
Ae: Miner Aoad
Citrus Glen Portion
Dear Jim.
Attached for your information is a detailed cost estimate for the Citrus Glen portion of Miner Aoad.
This estimate is based on the approved construction plans with the following notes:
1, Asphalt section reduced from 2Y2" ACSC to 1:!A" ACSC.
2, All sidewalks and bike paths eliminated,
3, Only two (2) lanes of the south three (3) lane half of the road would be constructed.
4, No pavement striping or slgnage Included.
Even with the above decreases in the scope of the work, the estimate of probable construction
cost exceeds the $100,000 offered by Mr. Granados by approximately $10,200, not including
engineering fees, Unless Mr, Granados or the Knollwood group agree to additional funding, the
City assumes a large chance that the project will have a shortfall of dollars for construction,
To move this project forward, I suggest you contact the parties concerning additional funding.
Once they respond, a meeting between Chris Cutro, yourself and myself should be held to quickly
resolve whether this matter moves ahead or not.
1L6
W. Aicnard Staudinger, P,
WAS/jer
attach
91025.46
c:
J, Scott Miller, w/attach
Chris Cutro. w/attach
.23_
m
Miner Road
Unit
Item Description Unit Price Quantitv Extension
11 0-1 Clear and Grub AC $500.00 4,76 $2,380.00
120-1 Regular Excavation CY $1,60 543 $868,80
120-2 Borrow Excavation CY $3,50 7255 $25,392,50
180-70 Stabilized Subgrade Sy $1.60 6655 $10,648.00
-------------- Stabilized Shoulder Sy $1,50 1955 S2,932.50
200-1 Lime rock Base SY $4.25 5838 $24,811.50
331-72-24 2 1/2" ACSC Sy $4,25 0 SO,OO
PO Ran ger 1 3/4 S-1 ACSC 'SY $3.00 5482 $16,446,00
PQ Ranger 3/4 S-3 ACSC SY $1.35 5136 $6,933.60
520-1-10 "F" Curb LF $8.00 2158 $17,264,00
522-1 8' Conc, Bikepath SF S 1 040 0 $0,00
570-2 Seed and Mulch SF $0,02 125000 $2,500.00
Total $110,176,90
2. !~(WI /Ue~u/~~ l~kfJ
S'~~S-IIuUsCr ~/~k 6~
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Miner Road
Unit
Item Description Unit Quantitv Price Extension
110-1 Clear and Grub AC 4,76 $500.00 $2,380.00
120-1 Regular Excavation CY 543 $1.60 5868,80
120-2 Borrow Excavation CY 7255 $3.50 525,392.50
180-70 Stabilized Subgrade SY 8610 $1.60 $13,776.00
-------------- Stabilized Shoulder SY $1.50
200-1 Limerock Base SY 7560 54,25 $32,130,00
331-72-24 2 1/2" ACSC SY 7560 $4.25 $32,130.00
PQ Ranger 1 3/4 S-1 ACSC SY $3.00
PQ Ranger 3/4 S-3 ACSC SY $1.35
520-1-10 "F" Curb LF 3750 $8.00 $30,000.00
522-1 8' Cone. Bikepath SF 14238 $1 .40 $19,933,20
570-2 Seed and Mulch SF 117180 $0,02 52,343,60
Total $158,954.10
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CITY of
BOYNTON BEACH
- OFFICE OF THE CITY ATTORNEY
l1~~~
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August 27, 1993 / ljil j9..J4
211 South Federal Highway
P. O. Box 310
Boynton Beach. Florida 33425.(1310
(407) 738-7405
Karen M. Zann, Esq.
Ba1occo and Zann
1323 S,E. Third Avenue
Ft. Lauderdale, FL 33316
Re: Citrus Glen vs, City of Boynton Beach
'Dear Karen:
Pursuant to our conversation, enclosed is a copy of the duly
executed Agreement between the City of Boynton Beach, Citrus Glen
Partnership and American Insurance Company for your file.
Also attached is the original Amendment to Agreement, executed
by the City of Boynton Beach on August 26, 1993. It is my
understanding that you will forward the same to American Insurance
Company for execution and return the original to me after
execution.
Very truly yours,
'\ -. ~ .
VI -) . - //4 (IT' I ..J /
f") lJ;..i~. L w'U:/-l.z./
James A. Cherof
City Attorney
JAC/ral
Ene.
cc: J. Scoe~.lller, City Manager'
Michael Burke, Esq.
Central File
RECEIVED
AUG 2 7 1993
CITVMANAGER'SOFFICE
../
~
AME~M!NT ~Q "GJUtEHENT
THIS AMENDMENT to the AGREEMENT, entered into thi. ;L6 day
of hJvsr, 1993, between the CITY or BOYNTON BEACH
(hereinafter .CITY"), CITRUS GLIN PARTNERSHIP (hereinafter "CITRUS
GLEN" ), and AMERICAN INSURANCE COMPANY (hereinafter II AMERICAN II ) ,
shall be for the 801e purpole of increaaing the lump lum amount
payable by CITRUS GLEN and AMERICAN to the CITY to ONI HUNDRED AND
TEN THOUSAND, TWO HUNDRED AND NOI100 ($110,200.00) DOLLARS, the
paymen~ of which ia contingent upon the approval by the CITY of the
AGREEMENT and this AMENDMENT no later than midnight, August 26,
1993, and the receipt in the office of Balocco , Zann, 1323 S.!.
Third Avenue, Port Lauderdale, Florida, 33316, of the original
AGREEMENT and this AMENDMENT executed by the CITY OV BOYNTON B!ACK
within the next five (5) daya, that ie, on or before September 1,
1993.
IN WITNESS WHEREOF, the under,iqned have hereunto set their
handa and eeale the day and year first written above.
JAMES A. CHEROF
~t~~~~~
~ _ 'j...<JJ ~
SUZANNE M. KRUSE
Pr'lnt Name
By:
E. F. HARMENING,
7'T ./ r~/ /L'{
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(l)1~ ~
~;:;:.~AD~)L~t '" 1~
LINDA MORGAN ,5
Print Name
Prlnt Name
Print Name
/
CITRUSGLIN PARTNIR~, .' ,
By: ~ f ;;jf/7}
FELIX GRANADOS JR.
AMERICAN INSURANCE COMPANY
sy:
n
GEE & JENSON
-
Englneers-Architects-Planners, Inc
1",......,."
eptember 20, 1993
One Harvard Circle
West Palm Beach, FL 33409
Telephone (407) 683-3301
Fax (407) 686-7446
r. James Cherof
ity Attorney
ity of Boynton Beach
o Josias & Goren, P.A.
99 E. Commercial Blvd.
uite200
t. Lauderdale, FL 33308
RE: Miner Road - Knollwood Groves, Inc.
Draft Contract Dated September 17th
Dear Jim:
I have reviewed the draft contract for the Knollwood Groves portion for the Miner Road
funding presented to the City via your office. Attached is a copy of my May 28th letter
reiterating our telephone discussion that this contract is to be a three way deal between
Knollwood, Mealer (Gene 8. Glick Co.) and the City of Boynton Beach. In addition, the
draft contract does not address the City's request to have funding adjusted upwards if
construction costs are above the $160,000 level when bids are received for Miner Road
nor does it address the drainage easement requested by the City.
Our major concern should be getting Glick/Mealer to participate in the drafting of the
contract and the funding simultaneous with Knollwood. Without their combined funding
the Mmissing linkM portion of Miller Road cannot proceed for construction.
n
This process has been slower than all parties anticipated and needs to be expedited by
Knollwood. The Knollwood representatives have been in contact with the Glick Company
over their participation and, therefore, should assume responsibility for including them in
the three party agreement as outlined on the attachments.
Very truly yours
a/.' IC~~/~
W. Ric ard Staudinger, P.E.
cc: Harry Benoit, City Engineer
J. Scott Miller, City Manager
Chris Cutro, P & Z Director
91-025.46/101
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May 28, 1893
OllC I i~1fV~I1'(1 Cl(Clc
\V,~~11':11I1' Ge~lCli FL 33.109
l"i"pl'()li0 (,107) 683.3301
j-,h (l()7}(;.';(i 7,1.1(;
Mr. James A Cherot
City Attorney
City of Boynton Beach
'70 Josias & Goren, P .A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
Re: Miner Road Contracts
Dear Jim,
At the May 04, 1993 City commission meeting. the City Attorney and City Engineer were directed
by the Commission to draw-up contracts based on the concept approved at that meeting for
funding and construction of Miner Road. Enclosed is a summary sheet outlining the major points
to be included in the two (2) contracts.
The first contract will be between the City of Boynton Beach and the Citrus Glen Development
(Felix Granados, Jr.) for the partially constructed western. portion ot the roadway. Step 1 is to
ascertain the extent of roadway construction to be completed. Mr. Granados represents that
approximately $100,000 of work remains to be completed from the original roadway contract of
$278,000. Once this value is verified, the City can move ahead to complete the roadway, Mr.
Granados can drop his lawsuit and the City can cancel the bond presently guaranteeing the
construction of the roadway. Mr. Granados is to fund the cost to complete the roadway plus
engineering inspection fees during construction for his portion of the roadway, all of which is
approximately $100,000.
The second contract will be between three (3) parties. the City of Boynton Beach, The Gene B.
Glick Company, and Meadowood Groves, Inc. for the "missing link" portion of Miner Road.
Details of the m.ajor points to be included in this second contract are also enclosed.
Please call to discuss this matter.
w. Richard Staudinger, P.E.
WAstjer
encl.
9.1025.46/101
cc:
Christopher Cutro- w/encl.
J. Scott Miller
/...,..,
.',
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.
,/
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Contract No.2 - 3 Way Between:
1.
2.
3.
City of Boynton Beach
Gene B. Glick Company, Inc. (Melear P.U.D.)
Meadowood Groves, Inc. (Knollwood Groves P,U.D.)
(I)
Gene B. Glick, Co. will provide $78,000 cash to City - This Is to be tied to $78,000/$160,000
(48.75%) of the actual construction costs. It will be adjusted upwards after .bids if total
construction dollars needed are in excess of $160,000.
@ Glick will provide easement and site for temporary detention pond of :t 1 acre if required by
Z permitting agencies. Such pond can be relocated and incorporated into the on-site drainage
system of the Melear PUD once the site is developed.
City will assist Glick in obtaining Roac:l!Traffic impact fee credit from Palm Beach County for the
/-;\$78,000 contribution. No guarantee is made that this will be obtained. City to pass resolution
~ and use best efforts. .
(!) City will cancel Glick bond ($54,123.78) once construction cost is paid to City. City will
4 immediately begin plan preparation and take construction bids by December, 1993 and initiate
construction by June, 1994.
@ Meadowood Groves will pay $82,000 cash to City for construction. This is to be tied to
S $82,000/$160,00 (51.25%) of the actual constitution costs - adjustments will be made upwards
after bids if total construction dollars needed are in excess of $160,000.
/ f\ Meadowood Grove will dedicate a 12 ft. wide drainage easement along the west and south
~ boundaries of the Knollwood PUD.
/~ Meadowood Groves will dedicate by deed the designated 5 acre park site. Meadowood Groves
~ will pay additional $26,515 to City for design of roadway.
@ City will vest PU~ once above conditions are met.
/M City will assist Meadowood in obtaining Aoac:l!Traffic impact fee credit from Palm Beach County
<...!J/ for the $82,000. No guarantee is made that this will be obtained. City to use best efforts and
pass resolution supporting fee credits. -
@ This contract is to be valid even if Citrus Glen contract is never signed or completed.
:jer
91-025.46/101
2
AMENDMENT ~Q I-GREEMENT
THIS AMENDMENT to the AGREEMENT, entered into thi. ,26 day
of hJvsr, 1993, between the CITY 0' BOYNTON BEACH
(hereinafter "CITY"), CITR.US GLEN PAR.TNERSHIP (hereinafter "CITRUS
GLEN"), and AMERICAN INSURANCE COMPANY (hereinafter "AMERICAN"),
shall be for the 801e purpole of increalinq the lump aum amount
payable by CITRUS GLEN and AMERICAN to the CITY to ONB HUNDRED AND
TEN THOUSAND, TWO HUNDRED AND NO/lOO ($110,200.00) DOLLARS, the
payment of which i. contingent upon the approval by the CITY of the
AGREEMENT and this AMENDMENT no later than midnight, August 26,
1993, and the receipt in the office of Balocco & Zann, 1323 S.E.
Third Avenue, Port Lauderdale, Florida, 33316, of the original
AGREEMENT and this AMENDMENT executed by the CITY O~ 80YNTON 8!ACH
within the next five (5) daya, that ie, on or before September 1,
1993.
IN WITNESS WHEREOF, the underliqne4 have hereunto .et their
handa and ee.le the day and year first written above.
JAMES A. CHEROF
~t ~~e c2Jf. ~
~., 'J--<lJ' ..
SUZANNE M. KRUSE
Prlnt Name
By:
E. F. HARMENING,
7T ./ r-~/ /?-
)e--~ ~/ ~./ /./
,/
.."
~
..",
WHEREAS, on June 5, 1990, the CITY, upon the request of CITRUS
GLEN, granted a 12-month extension of time for the completion of
the required subdivison improvements; and
WHEREAS, on May 21, 1991, the CITY denied a second request for
extension of time to complete the required subdivision
improvements; and
WHEREAS, CITRUS GLEN has initiated an action against the GITY
in which it seeks damages and relief from the obligation to
construct the portion of Miner Road heretofore referenced; and
WHEREAS, the CITY has filed a counterclaim against CITRUS GLEN
and AMERICAN to recover damages associated with the costs of
completing the required improvements on behalf of CITRUS GLEN; and
WHEREAS, as of the date of this Agreement, Miner Road has not
been constructed as required by the CITY; and
WHEREAS, the parties hereto have been engaged in negotiations
which would resolve all issues now pending in Palm Beach County's
Circuit Court, Case No. CL 91-8073 AA, and would result in the
construction of the unconstructed portion of Miner Road;
NOW THEREFORE, in exchange for the mutual covenants expressed
herein, the parties hereto agree as follows:
1. The foregoing "WHEREAS" clauses are true and correct.
2. Upon the execution of this Agreement by all parties,
CITRUS GLEN shall pay to the CITY OF BOYNTON BEACH the lump sum
amount of ONE HUNDRED THOUSAND AND NO/100 ($100,000.00) DOLLARS,
which amount will fully and finally absolve CITRUS GLEN of any and
all responsibilities associated with the design and/or the
construction of that portion of Miner Road which extends the
2
~
/,""""
LAW OF"F"ICES
BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE Be O'CONNELL
"
A PARTNERSHIP INCL.UDING PROF'ESSIONAI.. ASSOCIATIONS
BRUCE G, AL.EXANDER
F'L.ETCHER N, BALDWIN. m
.JERAL.D S. BEER
WILL.IAM R. BOOSE. m. P. A.
.JOHN O. BOYKIN
PATRICK .J. CASEY. P. A.
ALAN .J. CIKLIN, P. A,
CORY .J. CIKLIN
MICHAEL. W. CONNORS .
ROBERT L.. CRANE
B. .JEANE CRIPPEN
F'REDRIC E. EPSTIEN
MICHAEL M. GF'ESSER
LEE: B. GORDON
MICHAEL D. GOROQN
MIKEL. D. GREENE
LYNDA.J. HARRIS, P. A.
DANIEL A, HERSHMAN
DEBRA A, .JENKS
BRIAN B. .JOSLYN
CHARLES A' LUBITZ, Po A.
RICHARD I.. MARTENS. P. A,
LOUIS R. MCBANE. p, A'
CL.AUDIA M, McKENNA
BRIAN M. O'CONNELL. Po A.
PHIL D. O'CONNELL. .JR., Po A.
CARl A, PODESTA
.JULIEANN RICO
STEPHEN L.. SHOCHET
SAMUEL A, THOMAS
SUSAN WILLIAMS
PHILLIP D. O'CONNELL. SR. (1907-1987)
OF' COUNSEL
ALAN .J, ROGERS
NORTHBRIDGE TOWER I . 19TH F'LOOR
1515 NORTH F'L.AGLER DRIVE
P. O. ORAWER 0246215
WEST PALM BEACH, FLORIDA 33402-4e2e
TELEPHONE (407) 832-5900
TELECOPIER (407) 833-4209
RECEIVED
24 June 1988
JUN 29 1988
CITY ATIORNEY
Raymond A. Rea, Esquire
city Attorney
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
..
Re: Miner Road Extension
Dear Raymond:
I spoke with my client regarding the construction of Miner Road
extension. He indicates to me that he has now resolved his differences
with the engineer, Stanley Wantman, who is doing the construction
drawings. They are 90 percent complete and should be finalized with
two weeks. They will then be submitted to the City and the County for
approval. That should take four weeks, unless the City can get those
drawings approved sooner.
As soon as the drawings are complete, the work will commence.
have any questions, please don't hesita to call me.
If you
yours,
AJC/ag
cc: Chalet IV
~ c; 000. u'3-
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~ONSTRUC:tlQlL Oi"_.RQAD...H.AL_I1H~RQ~~ENTS
THIS AGR:::EMENT, made this day of -:}.to.- ,
198~, by anc between the CITY OF BOYNTON BEACH, a Florida
Municipal Corporation of 120 N.E. 2nd Avenue, Boynton Beach,
Florida 33435, tereinafter referred to as "The City", and Carrilla
Melear, Larry W. Melear, and Michael R. Melear c/o Larry Melear
of '756 Rider Road, Boynton Beach, Florida 33435, referred to
as "Owners".
RECITALS:
WHEREAS, the Owners have requested the City to annex approxi-
mately 154.56 acres West of North Congress Avenue between the
L-20 and L-21 Canals; and
WHEREAS, the Owners have requested the City to rezone the
property to a Planned Unit Development, and to amend the City's
Comprehensive Plan to reflect moderate density residential to
allow 6.5 units per acre; and
WHEREAS, the annexation, rezoning, and Comprehensive Plan
Amendment have been approved by the City; and
WHEREAS, pursuant to Chapter 171, Florida Statutes, the
City and the Cwners are desirous of having Palm Beach County
waive the 2-year waiting period for annexation requests; and
WHE~EAS,.the City, and the Owner have agreed, based on
imput from Pal= Beach County to make certain roadway improvements
in order to co=ply with the Palm Beach County Traffic Performance
standards of tt~ Palm Beach County Comprehensive Plan.
~~
NOH, THE?EFORE, in consideration of the mutual promises
made by the parties hereto, and other good and valuable consider-
ation, the receipt of which is hereby acknowledged by the parties;
the parties hereto do covenant and agree as follows:
1. The Owners shall dedicate 108 feet of right-of-way
for Miner Road, and construct Miner Road across the project's
North property frontage.
2. The Cwners shall reimburse Palm Beach County for the
cost of constr~~ting left turn lanes at the project's entrance
on Congress h7enue, and at Miner Road. It is understood that
~
th~se Luru lanes will be included in the Congress Avenue 4-laning
project currently under contract by the County, and that Palm
Eeach County will bill the Developer for this work, based on
unit prices, at the time of Congress Avenue construction.
Reim-
bursernent to Palm Beach County for said road work will be due
prior to the Owner's or their assigns pulling the first building
permit.
3. The Owners shall construct right turn lanes on Congress
Avenue at the project's entrance, and at Miner Road, said turn
lanes to be constructed at the time the project's entrance road
and Miner Road are built.
4. The Owners shall pay the cost of signalization at the
following intersections, when and if warranted, as determined
by the County Engineer:
a. Congress Avenue and Miner Road;
b. The entrance road and Miner Road;
c. The entrance road and Congress,Avenue.
5. The Owners agree to pay the "fair share impact fee"
to the City upon issuance of building permits as they relate
to the number of units for which the building permits are being
issued.
6. The project development shall be limited to fifty percent
(50%) of the residential units approved on the subject property.
The balance of the residential units and all of the commercial
property shall not be issued building permits until such time
as Lantana Ro~p and Hypoluxo Road are constructed as 4-lane
~-
facilities from 1-95 to Congress Avenue.
7. This Agreement is subject to the approval of a
resolution by the Palm Beach County Boarq of County Commissioners
of a waiver of the 2-year requirement, pursuant to Chapter 171,
Florida Statutues.
IN KITNESS WHEREOF, the undersigned have hereunto set their
hands and seals the day and year first written above.
g~:;;J2~
~IU (J
SIGNED, SEALED and DELIVERED
IN THE PRESENCE OF:
7YJ~~ 1" ;/~
~~~
2JL~~. ,-;(~
As to Larry W. Melear
13;:// ;7z::
L ~i'-
. ~ :
As to Michael R. Melear
.~
"
~
CITY OF BOYNTON BEACH, a Flor~do
Municipal Corpor~tio~ J
BY:_~2?7-/~
J1;\ayor M _.
ATTEST: ~. _~ ,~
Ci ty C7~
~~ . 11v~
CARRILLA MELEAR
~ U-J. ~~
L Y \'1. M EAR
fn;J
HELEAR
",
OWNERS AU1HORIZ~
Under the provisions for Voluntary Annexation, Florida Statutes
require that a petition for annexation must bear the signatures
of all owners of property in an area to e annexed. e authority
authorizing a person other then the r to si n sue a petition
must be attached to and accompany s etit'o
e ~(C~ ~y~..(,4.,~
Carrilla Melear
~w.~
ar ry -lelear
M~~:!(l1L
't
c/o Larry W. Melear
7142 High Ridge Road
Lantana, Florida 33462
(305/585-0167)
<;:1'( (_z...~tl
(p
/f\
\ \
"
2000' Palm Beach Lakes Boulevard
8th Floor The Concourse
West Palm Beach, Florida 33409
(305/689-9595)
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-084
TO: Jim Cherof, city Attorney
~.~~ C\,j'l:t2:r
FROM: Christopher Cutro, planning and zoning Director
\.
DATE: April 26, 1993
RE: Miner Road
Please review the attached letter from the attorneys for Citrus
Glen regarding their desire to cooperate in the completion of Miner
Road.
I would appreciate your advise in what course of action we need to
take in putting this before the City Commission.
If you have any questions, please feel free to call me.
CC:ald
APR-2~-9~ MCN 1~=~B CRANA~c~/aXTRUS CLEN
P.B1
,.
-"
LAW OFFICES
IAlOCCO ... lANN
Jo$Opll~, Safocee, P.A
Karen M. lann. P.A,
/II. P.~.,..hlp 01 ProfeoolOl'lel A.e.ool.tJo,\.
132:1 SG Thifd Avonl.Je
Fort Lauderdale. Florida 333115
(305) 764.0005
FAX (305)764-1.7.
April 19, 1993
Michael T. B ~ke, E~quire
1?O. BOX 030220
: I
Fort Lau~er~ale, ~L 33303-0220
CONftOE.N'l'IAL
FOR SETTLEMENT PURPOSES
ONLY
Re; Citrus
vs. City of Boynton Beach
Dear Mike:
I am wri tin this letter in reterence to re-cent conversations
with my clie t regarding its discussions with your client, City
Planner, Chr s Cutro, and the City Attorney, Jim Cherof. While
my client ha reinvigorated the litigation in this cas$ in light
of it~ firm elief that it would prevail on its damage claim for
at least se eral million dollars, my client wOUld like to see
this ~atter resolved as soon as possible and has therefore
~uthorized t e following settlement proposal;
1) Ci trus
IICitru5 Gl
$100,000.00
and finally
current obI!
Mi1').ar Road,
Cit,ru!:: Glen
Citrus Trail
len Limited Partnership (hereinafter referre~ to as
nit) will immediately pay a lump sum amour,t of
o the City of Boynton Beach, which amount will fully
bsolve it of any responsibilities pursua.nt to its
ation to complete the construction of a portion of
s well as any and all other responsibilities which
ay have to the City regarding the Executive Estates/
plats/developments.
2) ThQ City1will execute a Release and Return of the Performance
Dond by The iAA1erican Insurance Company on behal f 0 f Ci tru s . Glen
for ~hQ oon~truction of Miner Road, as well as a Release to
Citru~ Glen eqarding any and all obligations by Citrus Glen for
any further .mprOV9ments of any nature to the Executive Est~tesl
Citrue Trail pla~s/developments, copies of which are attached.
3) C i t.ru G Glen and The American Insurance Company shall
voluntarily ismiss its Amended Complaint with pr~judice and the
City of Bo rnton Beach shall voluntarily dismiss its Counter-
Claim with p ejudice.
4)
bear i~s own a~torneyts fees and costs.
5) offer sha.ll be exbillndec for forty-five (45)
days f+om t i$ date and if not accQpted within that time, shall
be null ond void and ehall not be renewed.
.i
r" - ..-.. 0:-- ~'t ~D
. . . ..... ~'1\-~~
. ....;'~
APR 2 6 1993
APR-2~-~~ MeN 1~:~1 CRANADQs/C~TRUS CLEN
P_B2
#-
Mieha~l T. B rka, Esquire
April 19, 19 3
Page Two
My client i hopeful that thie good faith offer to resolve this
mottf':r will, allow the parties to avoid further extemd.ve cmd
expensive liti9~tion and will allow the City to 90 fo~ward to
complete thf much-needed con5truction of Miner Road without
further delAL*
Please let roe know as soon a5 possible you~ client"s response to
this proposa .
KMZ/skj
relY,
(~M:-{ANN
Attorney at Law
cc: Felix G anados, Jr.
GEE&JENSON
JUL 23'93
,,'.
ID:407-6S6-7446
10111 AND MAt.~V'^at INGINU-... .He,
COIttULYIII ...IIIIa.
15:20 0R:941, P~03
PRE~DESIGN COST ESTIMATE
CITRUS QLEN
OFFSITE ROADWAY IMPROVEMENTS.. MINER ROAD,.A LAWRENCE ROAD
:e (..I!AjI!.j) "
" <:eo d
;Is &//(,7S'" $,AtOeU /rlHlfS /0"/1,) J/~A, ('Z.-A f I'$.A
t!Qm'p~€rrrD HJ'T/lt../Alf!:- "ZtlfJ?z, SI &-0
J..~A YINf$.. ., /:10) ?-90, ~
I
~ ~ r/O r- 5t//2~ AdeJ'y-r
,17S-~ s; I~ A ;4dO z....1( ,
//opt! r#s ~;l-l- #8l.,,&f tjev,' "~~
.~V^~~vw ~ l..ow*
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,...----
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-195
FROM:
~~ity Attorney
Christopher Cutro, Planning and
Zoning Department
TO:
DATE:
July 27, 1993
RE:
Miner Road Agreement
I have reviewed the Miner Road agreement and have no comments
regarding its form or content.
Regarding your questions concerning the $100,000; First, if the
the $100,000 is sufficient, I believe that we should hold those
funds until the completion of the work. If monies remain after
completion of the work, a portion of the money should be returned
to Mr. Granados.
We now know that if the $100,000 is $30,000 short of the amount
needed to complete the work through the Citrus Glen section, we
should first contact Mr. Granados about increasing his
contribution. If he refuses, we need to review the work list to
eliminate any unnecessary work (such as sidewalks).
I hope this information is of some help to you. If you should have
any questions please feel free to call me.
CC/cmc
c:miner
MEMORANDUM NO. 93-72
FROM:
July 21, 1993
Chris Cutro, City Planner rYlL/\I~
Jim Cherof, City Attorney~~-
'J
TO:
RE:
Miner Road Agreement
Attached is a copy of the Agreement now signed by Felix
Grenados and his surety company. I am now in the process of
preparing contracts for the two other developers who indicated they
would contribute toward the funding necessary to complete Miner
Road.
Please provide me with your thoughts regarding the concessions
requested by the two other developers. I would appreciate your
thoughts (1) assuming that the $100,000 to be paid by Granados is
sufficient and (2) assuming that the $100,000 is $50,000 short of
the funds necessary to complete that section.
RECEIVED
J,U.l 22-
~ANi~~NG; OEP1.
-
AGREEMENT
THIS AGREEMENT, entered into this day of
1993, between the CITY OF BOYNTON BEACH (hereinafter "CITY"),
CITRUS GLEN PARTNERSHIP (hereinafter "CITRUS GLEN"), and AMERICAN
INSURANCE COMPANY (hereinafter "AMERICAN").
WHEREAS, on August 2, 1988, the CITY adopted Resolution No.
88-VV approving the final plats for subdivisions known as Executive
Estates and Citrus Trail; and
WHEREAS, as a condition precedent to the approval of the
Executive Estates and Citrus Trail plats, CITRUS GLEN agreed to
construct certain required improvements including, but not limited
to, construction of a portion of Miner Road; and
WHEREAS, to insure performance of the obligation to construct
the required subdivision improvements, CITRUS GLEN as principal and
AMERICAN as surety, posted two Performance Bonds in favor of the
CITY, one for Executive Estates in the amount of ONE MILLION THREE
HUNDRED FIFTY FOUR THOUSAND AND NO/100 ($1,354,000.00) DOLLARS, and
one for Citrus Trail in the amount of FOUR HUNDRED EIGHTY EIGHT
THOUSAND AND NO/100 ($488,000.00) DOLLARS; and
WHEREAS, on October 17, 1989, the CITY adopted Resolutions 89-
AAA and 89-BBB, which reduced the values of the above-described
Performance Bonds, respectively, to TWO HUNDRED SEVENTY SIX
THOUSAND SEVEN HUNDRED FORTY ONE AND NO/100 ($276,741.00) DOLLARS,
and FORTY FIVE THOUSAND NINE HUNDRED TWENTY EIGHT AND NO/lOa
($45,928.00) DOLLARS, copies of which are attached hereto; and
WHEREAS, on June 5, 1990, the CITY, upon the request of CITRUS
GLEN, granted a 12-month extension of time for the completion of
the required subdivison improvements; and
WHEREAS, on May 21, 1991, the CITY denied a second request for
extension of time to complete the required subdivision
improvements; and
WHEREAS, CITRUS GLEN has initiated an action against the CITY
in which it seeks damages and relief from the obligation to
construct the portion of Miner Road heretofore referenced; and
WHEREAS, the CITY has filed a counterclaim against CITRUS GLEN
and AMERICAN to recover damages associated with the costs of
completing the required improvements on behalf of CITRUS GLEN; and
WHEREAS, as of the date of this Agreement, Miner Road has not
been constructed as required by the CITY; and
WHEREAS, the parties hereto have been engaged in negotiations
which would resolve all issues now pending in Palm Beach County's
Circuit Court, Case No. CL 91-8073 AA, and would result in the
construction of the unconstructed portion of Miner Road;
NOW THEREFORE, in exchange for the mutual covenants expressed
herein, the parties hereto agree as follows:
1. The foregoing "WHEREAS" clauses are true and correct.
2. Upon the execution of this Agreement by all parties,
CITRUS GLEN shall pay to the CITY OF BOYNTON BEACH the lump sum
amount of ONE HUNDRED THOUSAND AND NO/100 ($100,000.00) DOLLARS,
which amount will fully and finally absolve CITRUS GLEN of any and
all responsibilities associated with the design and/or the
construction of that portion of Miner Road which extends the
2
boundaries of the Executive Estates and Citrus Trail Subdivisions
and which was originally secured by two Performance Bonds dated
July 21, 1988, wherein Belvedere Construction Company and Citrus
Glen Limited Partnership were principals and the AMERICAN INSURANCE
COMPANY was Surety. The payment referenced herein shall be made
payable to Josias & Goren, P.A., Trust Account, and shall not be
disbursed to the CITY by Josias & Goren, P.A., until such time as
the Releases referenced herein in favor of CITRUS GLEN are
delivered to CITRUS GLEN.
3. Upon a receipt and clearance of funds of the ONE HUNDRED
THOUSAND AND NO/100 ($100,000.00) DOLLARS referenced in paragraph
2 hereof, the CITY will execute Releases of the Performance Bonds
heretofore referenced and will execute a Release in favor of CITRUS
GLEN releasing it from any and all obligations for the design or
construction of any additional subdivision improvements associated
with the Executive Estates and/or Citrus Trail Subdivision plats.
4. CITRUS GLEN and AMERICAN shall execute and deliver to the
CITY General Releases in a form acceptable to the City Attorney and
shall file a Voluntary Dismissal with Prejudice of Palm Beach
County Circuit Court Case No. CL 91-8073 AA.
5. Contemporaneously with the execution and delivery of the
Release of Performance Bonds, the CITY shall execute and file a
Voluntary Dismissal of its Counterclaim in Palm Beach County
Circuit Court Case No. CL 91-8073 AA.
6. Each party shall bear its own attorney's fees and costs
associated with the preparation and execution of this Agreement and
incurred in the litigation of Palm Beach County Circuit Court Case
3
No. CL 91-8073 AA.
7. 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
action to enforce this Agreement, the prevailing party shall be
entitled to recover attorney's fees and costs from the party in
breach hereof.
IN WITNESS WHEREOF, the undersigned have hereunto set their
hands and seals the day and year first written above.
Signed, sealed and delivered
in the presence of:
CITY OF BOYNTON BEACH
By:
Print Name
-
Print Name
~r~
/ tS MItfJ k. ::::r;-~t:J,4
pr~e"-l.~
~U YH~ t1. ~D5
Print Name
By:
Felix Granados, Jr.
N7~
71. <> . c ~ATO~
prl~ ~
J)rl"V'~.. (lrA^,<
Print Name
4
.TI_'L-
e - '9:3 T t-- _,
10:42
GF.~At~A~~7' M.;j/;h'^ ,~Z'...O 1
r /~.,. ~_' ~ ",'. ~ ~ 1 'v
RESOU.rr I (1\1 N). 89 - "t\ f\
^ RE.~OLlJI'ICN OF '!HE ClTV OF BJYlmJN BfACH.
FLJ)RlDA. REDUCI~ lHE ~ (If 'mE P~1ANCe:
OCND FOR EXD::lJflVE ESfATES. A p.lI.D. IN SK'TION
IB, 1~SHIP 45 SOUTH. RANGE 43 EAS'r
WHEREAS. a perforTl'ance bond by The Arrerican Insurance Company
in the amount of $1,354,000.00 was ~osted Ear the construction of inprovements,
and,
~F'..AS, all work is completed except paving and drainage,
includinQ s1.dewalks and swales, stn~et lighting and the off-site cvnst.ruction
for Lawrence Road and Miner Road.
NCW, '1'HffiEF'ffiE, BE IT RE...t;oLVED BY 1m: CITY roMISSION OF mE
CITY OF OOYNrON BF..ACH, FLDRlDA:
The amount of the rood t:e reducE-d to the value of the
uncQrlpleted work plus 10%, arr-ountin<J to $276,741.00.
d.. .
PASSED NlD ACO~ THIS 17. day of ci:1-~___. 1989.
CtT'{ OF 9:'~--B~' .:H JIUDlI.
,0-""
/ C ~ ,-?-"
. ' " c.'. I t..____
.' , l. ____
/'Bf.:' .-
/ Mayor
J>--~~ "J9:
LL: ~"..:.-~ /. ,
~-~
Vice r-Ic.yor I . \"
~~
---------
Ccmnl s s ion Ne'J,rer
\' V,. ~'~J.~i..
~ion I-1.?nber:'
,.:rr&,""!' :
clt!~t!fJdah<-'
(Corp. Seal)
-; .. ~.
_T '_' L _ S _ ~? 3 T H '_I 1"'1' 4:2 .:; F: A t-' A 1) .=. ~=~ ..... C: 1 T F: Ct ~S .:; LEt...
F-.. ..3:2
.'
,. . t' .," :.... I ..I..
RF~C{_)UrrION I'D. 8<:j-BB.B
1>.. RF.SOUJI'ION OF THE Cl'l'"Y OF ~)\1'n~)!1 [\E.1I,':H,
FLORIDA. REDlJCING T!-iE A!.K:UNT (,f THE PER~OP"'lAN(:8
t:KlND FOR CITRUS 'mAIL. A P.U.I>. IN .sE,.::rr(~ 18,
TOV-INSHIP 45 SOU I1-l , Ri>NGE 43 E'..."'.'!'
WI-lF.REAS, a perforTlence bor.d by The .~t.lcan Insurance c~ny
in the arrount of $488.000.00 was fOEted for the constructl':ln of imr.t'overrents.
and,
WHEREAS, all work is cOIrpletcd except paving and d.l"ainage,
incllldinQ sidewalks and swales. and street lighting.
OOW, TI-IDtE:FVRE, BE: IT RE..SOLVEJJ BY TIlE CI1'Y ca.r-USSION OF 'mE
crN OF OC>Yl-ITON BEACH, FWRIDA:
The 811"Qunt of the bor,d be r:-edUCN to the value of the
Uncorf'pleted work plus 10%. QIT'Ountin9 to $45,928.00.
PASSED AND AOOPIID TIlIs.-12ziday r/ &-tobeV
I
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ENGINEERING DEPARTMENT MEMORANDUM NO. 93-271
TO: J. Scott Miller
City Manager
FROM: Vincent A. Finizio
Deputy City Engineer
DATE: September 13, 1993
RE: Installation of Sidewalks for Newly Constructed Sections of
Miner Road
County Funding Participation
Creation of City Resolution
Pursuant to our previous discussions relative to asking the County
to participate in the construction within the Miner Road rights-of-way
once the Miner Road construction project commences, Charlie Walker, Jr.
has advised me that his department would submit a favorable recommen-
dation to the Board of Palm Beach County Commissions, upon receipt of
a City request in the form of a resolution and proper cover letter.
According to Mr. Walker, Palm Beach County has an agressive pathway
program which is considered by the Board of Palm Beach County
Commissioners during the month of October 1993, therefore, now is the
perfect time to submit such a request. Mr. Walker would base his
favorable recommendation, reference executing an interlocal agreement
based upon the existance of sidewalks within the in-place section of
Miner Road and the benefits realized by citizens when this sidewalk
pathway system is connected to Lawrence Road, which also possesses
a pedestrian bike path system along its east rights-of-way.
Pedestrian circulation would be improved thereby allowing local
school children to ride their bicycles to Elementary School Site "P",
situated along Lawrence Road. '
At your earliest convenience, please have a City resolution prepared
for consideration during the September 21, 1990 regular meeting
addressing the benefits of pedestrian pathway construction as
mentioned above, including the benefits associated with alternative
modes of transportation. The City Commission resolution should
basically request the inclusion of Miner Road pathway construction
into next year's County pathway program.
Should you require any additional information or assistance, please
contact me at ext. 6282.
cc: Harry Benoit, P.E., City Engineer
Christopher Cutro, Planning & Zoning Director