Loading...
LEGAL APPROVAL MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 They implement many preventiv~prOgr s that stop crime before it starts. They help to bridge the community wit e Police Department. She stated that the tribute is to let the CPOs k that the work they have done is appreciated. The School Board and the dents are going to be invol~this tribute. Ms. Medeus said the C have helped many people, ~e people want to thank them. Ms. Medeus s and a ser cern be offic ed that the black commu ' is very concerned that four officers t have haircuts like t skinheads. She felt this is a valid con- se of previous racial rtones in the department. She said these may be doing other t s unbeknownst to anyone. in the community have trying to work with the eenagers to get them the streets and get lved with wholesome activi- ties. Her organizat n used to hold dances the Civic Center, which the CPOs and parents helpe aperone. The danc ere productive and the children were off the streets aving fun. She wa formed that these dances could not be held anymore ess she had a mill dollars worth of liability insurance for each night dances are held. t seemed to Mayor Harmening that thts,is an unfair bur. n. City Manager rker was not aware of this situ~nNand will investi e it further. ~~~ Eddie Mitchell, Pre nt of the Advisory Council 0 ro American Affairs for the Greater Boynton Beach area, stated that a ity of the citizens consider the issue of removing department heads from 1 Service a very serious matter. They would like to have the opportunity nded to them to decide for them- selves on matters relative to the Cit arter and Civil Service Rules and Regulations. He thinks this matter should be placed on the ballot for the March election for the people to decide. No,one else wishing to speak, Mayor Hanmening declared the public audience closed. "\ " ~ VIII. DEVelOPMENT PLANS -- A. Consent ",encta - UMn1.usly approvlcl by "ann1", a Devel~plllnt Board '4t Boynton LUes PUD "at S. Blst ....s -1 ~ r.c Robert G. Comerlinck, Real Estate Recovery, Inc. Resolution Trust Company Congress Avenue at Plaza Lane, southeast corner Tt.. Extenston: Request for an additional one- year time extension to site plan approval, con- currency exemption and construction of required improvements 1. Project Name: Agent: OWner: Location: Description: In response to Commissioner Aguila, Ms. Heyden advised that the RTC owns thirty- five of the forty-one lots. According to the tax record, it showed thirty- seven. However, Lennar Corporation owns the remaining six lots. They are under different corporations and she did not pick up the distinction between the two. - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 20. 1994 The contract purchaser said he is only purchasing thirty-five of the forty-one lots. Therefore, there are six lots under different ownership. It does not make sense to try to share the cost of the required improvements. Whoever comes first has to do it. However, she thinks this problem is going to work itself out. The contract purchaser has contacted Lennar and is trying to purchase their six lots. Commissioner Aguila asked if it will affect what is being done here tonight if those six lots are not purchased by the contract purchaser. Ms. Heyden said no. Motton , Commissioner Aguila moved to approve the request for time extension to October of 1995, subject to staff comments and recommendations. Mayor Pro Tem Bradley seconded the motion. Mario Shles1nger of 19232 Cloister lake lane in Boca Raton was present. Vice Mayor Matson asked him if the bonds will be put into his name if he acquires the six lots from lennar. Mr. Shles1nger answered aff1nmat1vely. The motion carried 4-0. Commissioner Aguila was absent during the vote. MAYOR HARMENING DECLARED A RECESS AT 10:10 P. M. THE MEETING RESUMED AT 10:16 ~ P. M. B. by Pllnning & t Boynton BNCh lnd the Vtnings II at Boynton eb CCl C ultants, Inc. How ~ R. Scharlin, Trustee E t side of S. W. 8th Street, 1,400 eet north of Woolbright Road Site PllftS: Request for Site Pl approval to construct 548 apartments wit soc1ated recreational amenities an gnage on 33.87 acres Ms. Heyden advtsed CCl Consultants for site plan approval 0 rental apartments and priv recreational amenities to be located with1. . Woolbright lace PUD on a eel on the east side of S. W. 8th Street, approximately 1, 0 feet north Woolbright Road. This is a gated community with one entrance lanned off . W. 8th Street to serve all units. The project will be constr. cted in two ases. The apartment buildings vary in e color elevations submitted were d1s- tile and the color scheme of the stucco 1th a dark green stairway and railings. Agent: Owner: location: The Planning and Development Board unanimously recommended approval of this request, subject to staff comments, with the exception of comment 7(1) of the - 25 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDJ -" , -, SEPTEMBER 13, 1994 / Mr. Wheeler said the purpQ5e of the Ficus trees ;s to achieve instant impact. He routinely removes on~..,(third of the Ficus trees an every project he deals with every year. Mr. Wheeler said he knows the 25 Ficus trees will number 15 in two years, and in two mo~ years they~l be eight, and in four years, they will be gone. He needs th~ on the.s:1te fori:the instant impact. He asked that con- sideration be given to JM1r past tr,ack record on thirtYi,-five projects. They are removed for "the r:~'sons stated_/but it is econom1c~ly feasible to include them fo~~~ta~t /~act. This is the reason why there are only 25 Ficus trees on 33 ac~~coco Plum is ajfeasonable cQmpromise and it is not an issue. Mr. Rosens,bck would like to se~the property developed and said he supports the developer,.; However, he feels t e developer should consici-eflthe concerns of the Board members. He does not bell eve there is a big ou~Yay a~ funds i nvol ved to invest~ate this issue to see 'hat carl be done about'it., -'Mr. Wheeler agreed, but jqUested that the Board a low ,the 25 Fi cus.:~~~~~_!:.:;::::::~c'==-='~ chat~an Lehnertzsaid this s1t~, ::t'tf~tjJ1tdeveloper coming}n, was rated b~ the County as an A1 envi rOnm'enta 1 site. ,//1 t was a prime site ,1n the County f~r a native habitat. It stt-ll contains,)rat1ve scrub habitat. ,/lThere 1S only 2% ~o 3% of the 9rig1nal upla~' scrub habi,tat left in Palm Beach gounty. Chainman ehnertzfeel's the Board ts asking th,/developer to comprom}~' He does not see i :~~~e 25~lCUS trees S~~rld make ~~,t difference on th~/~y}abi.Jr,:Jty of this proj- // /,/ /'> ///:-. ,.(;,,: Mr. Ro~nstock poi nt,a out that,;:the devel oper ha~''';agreed ti put in the Coco Pluwand give the ther tree~'requested. He)ifll event~lY have to remove the Ficus trees. He commend~~:the Board giveca/little moi'~ The City Commission has the final.s on appro~l of this proj,ett. II "/ Chairman Lehne;tz mOdi~i ',/ them.ot10n ~(fdeletethe're'uest t:::;Zo" ..et. the 2.5. Ficus trees. Mr. Wals ' seconded/this/motion. ",;::" /--<:~ I ):7 // .'~' Chairman Lehnertz clarified th t /e motion is ,to appr , ilbjjtt to all iaff comments with the exception 0 em 71, which}rli11 b. one at~he fir of either Phase II or Phase C, ubstitute na~'ve s cies for>"half ck Olives and to substitute na e species for/the cus shr~ al / t urfer between the 33 acre and the 14 acre parcel . ! The motion carried unanimously. Vice Chainman Dubi requested that the minutes reflect the fact that the repre- sentatives prlsent have agreed to the changes. D. TIME EXTENSION OWner: Location: Description: Boynton llkls PUD 1 C t Pllt 5 - Blst HaMs - ~ w ~~ Robert G. Comerlinck Real Estate Recovery, Inc. Resolution Trust Corporation Congress Avenue at Plaza Lane, southeast corner Request for an additional one-year time extension to site plan approval, concurrency exemption and construction of required improvements. 1. Project Name: Agent: - 21 - MINUTES - PLANNING ANO]EVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDI SEPTEMBER 13. 1994 Mr. Walsh recommended having everyone in the audience identify themselves. After some discussion, a decision was made to continue carrying on the meeting as in the past. Having people in the audience identify themselves would be a problem. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 10:45 p.m. . ~.~~~ Recording Secretary (Four Tapes) 23 - ~. ---~------~~.._._--_.__._~.__.- RESOLUTION NO. R92~~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF SURETY FOR BOYNTON LAKES NORTH P. U . D ., PLAT NO. 5 AND RELEASE OF SURETY FOR BOYNTON LAKES BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of the City Engineer, authorizes reduction of the surety for Boynton Lakes North P.U.D., Plat No.5 to $25,000.00 and release of the surety in the amount of $10,000.00 for Boynton Lakes Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves reduction of the surety for Boynton Lakes North P. U. D., plat No.5, and release of the surety for Boynton Lakes Boulevard. Section 2. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ?t day of February, 1992. CITY OF BOYNTON BEACH, FLORIDA ; l ' Mayor $;-/~/'tllltl/ ~/iu"4-'~< ~/ Vice Maybr ' I ~- ,;n fld0u /LZ4~ J .I L Co issioner- ,II ,I ATTEST: ;/ 0 '-.~ Commissioner ,I~/~ ~ner I -.. i '!,..o:"/., ~Qx~<2~ Ci Clerk (Corporate Seal) RED. SURETY 1/30/92 MEETING MINUTES -=\ c:.=\ t ,) i::~',; /" ',,'" :r-"'. :.. ~">-.. LJ n ':.: ::::L', :- f( )' ~ ~<..l {'.~, ......-: \ ,. .. ~....-.,-- \ \ A meeting was held at the City of Boynton Beach to es l:Jil3h" punch list of items to be completed or submitted to the C1 y of Boynton Beach to allow surety reductions or releases on various plats within the Boynton Lakes North P.U.D. vincent A. Finizio - City of Boynton Beach Peter Mazella - City of Boynton Beach J. Scott Miller - City of Boynton Beach W. Richard Staudinger - City of Boynton Beac Ric Rossi - Rossi & Malavasi Armand Souza - Rossi & Malavasi Charles De Santi - Lennar Properties Paul Wunderlich - Lennar Properties ..--. ". v \ i I "'~J 1 j...... \"-'-'-..!..::?~/-;:;..., ','>'- '" ",. . , '-'" ',/ " ... li';~'.' >~'. \./\ '.' '/1, \<~'I\ O "" ./,...." ,"\~~ . ._.4 "".,.. ~ ~ (./ I \--- i ~. V/ ,~- 1-' r: '. v 0 ,- ' "-'", /0,-,:,) , ". v,y." L '.1 '., ,. ", f ~ ,-.,. , '. \c(;: .~ <t:: .:;S :~j .."c,.- ':'''/ { ~. -- '; ~!('. '.>~ '.\ , ~, . ,'., I . ;_.' "~ ;-1 .... ~~...' t. Bonds on Various Plats in Boynton Lakes North P.U.D October 22, 1991 ATTENDEES: ....... >- ,;..-' :~ Bonds presently held by the City are as follows: Boynton Lakes Plat No. 4 Boynton Lakes Boulevard Boynton Lakes Plat No. 5 Boynton Lakes Plat No. 6 Boynton Lakes Plat No. 6A Plat No. 4 Punch List $ 5,000.00 $ 10,000.00 $250,000.00 $ 43,000.00 $ 25,000.00 1. Developer must supply the City of Boynton Beach deeds for any lift station sites within the plat. Dimensions are to be 30'x30' or the size indicated on the plat. 2. Developer must execute an agreement guaranteeing of the re- quired improvements for one year in accordance with Appendix C, Article XII, Section 1 of the City's Code of Ordinances and provide certification to the City that the required improvements are complete. 3. Developer must provide proper Bill of Sales for water and sewer systems acceptable to the utility Department to transfer these systems to City responsibility after the one year guarantee period is over. Meeting Minutes october 22, 1991 - Page Two As soon as the above items are completed, the City Engineer will proceed to request a surety release from the City commission for Plat 4 for the $5,000.00 bond. Boynton Lakes Boulevard Punch List 1. Sidewalks shall be completed and swales sodded and irrigated (both sides) within the right-of-way of Boynton Lakes Boule- vard for the north 40'+ over the L-18 Canal easement. As indicated on the Plat 4 drawing these required improvements are to extend to the intersection of the south right-of-way line of Hypoluxo Road. 2. Developer must supply the City of Boynton Beach deeds for any lift station sites within the plat. Dimensions are to be 30'x30' or the size indicated on the plat. 3. Developer must execute an agreement guaranteeing the re- quired improvements for one year in accordance with Appendix C, Article XII, section 1 of the City's Code of Ordinances and provide certification to the City that the required improvements are complete. 4. Developer must provide proper Bill of Sales for water and sewer systems acceptable to the utility Department to transfer these systems to City responsibility after the one year guarantee period is over. As soon as the above items are completed, the City Engineer will proceed to request a surety release from the City commission for Boynton Lakes Boulevard for the $10,000.00 bond. Plat No. 5 Punch List 1. outstanding construction items include final pavement for roadways, roadside swales and street lighting. A 3/411 initial lift of pavement can be placed prior to townhouse construction with the final 3/4" of pavement (bonded) to be placed after the townhouse construction is completed. A time extension must be requested by the developer to allow the pavement to be placed in this manner. Mr. Rossi is to provide a detailed estimate of construction costs for these remaining improvements to establish bond reduction amounts. Meeting Minutes October 22, 1991 - Three 2. A utilities Department walk through is required for the south end of Plat No.5. 3. Landscaping and irrigation within road right-of-ways is to be completed or sufficient surety retained to assure comple- tion of required improvements. As soon as the above items are completed, including the submis- sion of a certified estimate of remaining items to be construct- ed, the city Engineer will proceed to request an appropriate surety reduction from the City Commission for Plat 5~1~ 'the ' ~ILLvauL of ~250,QQ9.00 . .L[~~~ h~-t 7T J J-/ /I" nJ eN 0 Plat No. 6 Punch List . eSJ 71.../Uo. I- ) 1. Developer to coordinate and facilitate FP&L installation of street light on Paxford Lane prior to surety release or a surety of $1,000.00 will retained by the City until actual installation has occurred. 2. Cul-de-sac centers and swales are to be landscaped and irrigated or appropriate surety retained or substituted by home builders to insure required improvements will be constructed. 3. Developer must supply the City of Boynton Beach deeds for any lift station sites within the plat. Dimensions are to be 30'x30' or the size indicated on the plat. 4. Developer must execute an agreement guaranteeing the re- quired improvements for one year in accordance with Appendix C, Article XII, Section 1 of the City'S Code of Ordinances and provide certification to the City that the required improvements are complete. 5. Developer must provide proper Bill of Sales for water and sewer systems acceptable to the utility Department to transfer these systems to City responsibility after the one year guarantee period is over. As soon as the above items are completed, the City Engineer will proceed to request a surety release or appropriate reduction from the City commission for Plat 6 for the $43,000.00 bond. Meeting Minutes October 22, 1991 - Page Four Plat No. 6A Punch List 1. Developer's engineer is to provide a certified estimate of required improvements to be completed. These improvements include swale sodding and irrigation and landscaping improvements. 2. Developer must supply the City of Boynton Beach deeds for any lift station sites within the plat. Dimensions are to be 30'x30' or the size indicated on the plat. 3. Developer must execute an agreement guaranteeing the re- quired improvements for one year in accordance with Appendix C, Article XII, section 1 of the City's Code of Ordinances and provide certification to the city that the required improvements are complete. 4. Developer must provide proper Bill of Sales for water and sewer systems acceptable to the utility Department to transfer these systems to city responsibility after the one year guarantee period is over. As soon as the above items are completed, the city Engineer will proceed to request a surety release from the City Commission for Plat 6A for the $25,000.00 bond. As a matter of courtesy, it was agreed that Mr. Finizio, Adminis- trative Coordinator of Engineering would forward to the develop- er's engineer, Mr. Ric Rossi, an acceptable format for the One Year Guarantee and certification of required improvements. If the above minutes do not accurately reflect the discussions and agreements please notify the writer immediately as this document will be used to determine requi ed actions of th attendees in this matter /c. W. Richard staudinge , P.E. GEE & JENSON E-A-P, Inc. city Engineer WRS:kvc 91-025 cc: Attendees This reduction of surety would bring the Boynton Lakes North P.U.D. to the following surety levels: Present Bond Reduce Bond To Plat No. 4 Boynton lakes Blvd. Plat No. 5 Plat No. 6 Plat No. 6A -0- 10,000 50,000 10,000 1 0,000 -0- -0- 25,000 1 0,000 1 0,000 WRS:kvc 91-025.40 Task 403 cc: Jim Cherat Vince Finizio Peter Mazella AFFIDA VIT STATE OF FLORIDA COUNTY OF DADE SS PERSONALLY APPEARED BEFORE ME, the undersigned authority, Jeffrey P. Krasnoff, who, being by me first sworn, on oath depose and says: 1. That he is the Vice President of Florida Properties of Boynton, Inc., a Florida Corporation, the Developer of Plat No.~, Boynton Lakes P.U.D., recorded in Plat Book n, Pages 105-108. 2. That Florida Properties of Boynton, Inc. shall guarantee the Required Improvements (as said term is defined in the Subdivision and Platting Regulations of the City of Boynton Beach, Horida) constructed on or installed in the City of Boynton Beach, Florida, as described below, against defects in workmanship and materials for a period of one year from the date on which the City Council of Boynton Beach, Florida, approves and accepts the dedication of the Required Improvements. All of the following described improvements as shown on the Construction Drawings prepared by Rossi and Malavasi Engineers, Inc., for the aforementioned Plat: Paving and Drainage Plans: Drawing No. S-1314-001 Dated: Jan. 1985 Sheets 1-5 Latest Revision: 7-18-90 Water Distribution System: Drawing No. S-1314-OO2 Dated: Jan. 1985 Sheets 1-3 Latest Revision: 6-7-85 Sewage Collection System: Drawing No. S-1314-003 Dated: Jan. 1985 Sheets 1-5 Latest Revision: 6-7-85 Street Lighting Plans: Drawing No. S-1314-OO4 Dated: Ian. 1985 Sheets 1-3 Latest Revision: None 3. Affiant makes this Affidavit to induce the City of Boynton Beach to accept the dedication of the Required Improvements. AFFIANT FURTHER SAITH NAUGHT. WITNESS: Florida Properties of Boynton, Inc. R~ ~~K1{ BY';~~~~" ,,'. '1 Ief a rioff; VI si nt. ;'":;! '.J. -. )' \,,) , I..j <:') I, . J - ~ 11'- ".J \. t ()~) ,"t'," G'\. ....... . ' . '<.r/. Attest: , '-- ~ , . ." " ".' .. \..~ 1 Morris J. Watsky, Assis My Commission Expires: NOTARY Plate STAll C6 FLCRIDA MY C(J'1"lISSI(Jt EXP.NGY.\~.\99:l OCHllO nAJ GEHlRAlINS.lH). tL"~ day of t~..:EW)h:~ , 19~,....;. ,,\...,.:: '.....-. ~ ,~'-:'~,\":.,'..... ..::' ., .... ~ "-. .' ;/;: ..' 'Q.- C)". . (.'. , Aj-.n1 Z(:I~r:iJ~, -..... ~:. :: NOTARY PUBLIC ~ ;--: ....,'. ~_J : ~ ~: ~ o. 0 , , ) . h. .; \~~.... ~~~.!'....<: ~: .' <~'. '~':/~ (Notarial Seal) , ", \ I'. , SWORN TO and subscribed before me this "1., : BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: That Florida Properties of Boynton. Inc., a corporation organized and existing under and by virtue of the laws of the State of Florida, having its principal place of business in the County of Dade in the State of Florida, hereinafter referred to as "SELLER", for and in consideration of the sum of TEN ($10.00) Dollars, in lawful money (and other good and valuable considerations unto it moving) to it paid by the City of BOYTON BEACH, County of Palm Beach, and State of FLORIDA hereinafter referred to as the 'BUYER", receipt of which is hereby acknowledged by it, has granted, bargained, sold, transferred, set over and delivered unto the BUYER, its successors and assigns, all those certain goods and chattels, described as follows: All of the following described improvements as shown on the Construction Drawings prepared by Rossi and Malavasi Engineers, Inc., for Plat No.,5" Boynton Lakes P.U.D., recorded in Plat Book 5.2, Pages 105-108. Paving and Drainage Plans: Drawing No. S-1314-001 Dated: Jan. 1985 Sheets 1-5 Latest Revision: 7-18-90 Water Distribution System: Drawing No. S-1314-002 Dated: Jan. 1985 Sheets 1-3 Latest Revision: 6-7-85 Sewage Collection System: Drawing No. S-1314-003 Dated: Jan. 1985 Sheets 1-5 Latest Revision: 6-7-85 Street Lighting Plans: Drawing No. 5-1314-004 Dated: Jan. 1985 Sheets 1-3 Latest Revision: None TO HA VE AND TO HOLD the same unto the BUYER, its successors and assigns forever. And the SELLER, for itself and its successors, hereby covenants to and with the BUYER, its successors and assigns that it is the lawful owner of the said goods and chattels; that they are free from all liens and incumbrances; that it has good right to sell the same as aforesaid, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the SELLER has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed by its officers hereunto duly authorized, this the ~ day of ~b:n.... A.D. 19Q \ Signed, sealed and delivered in our presence: Florida Properties of Boynton, Inc. ~ ~/-~~ (SEAL},:'~"'" . "j ()J '.~ " (-~'\::l\JJ. .-: ;...J ,... . . c: n OJ'; - '.~ n'.~>":~ .~': ~ . . . ,:\'," ."