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LEGAL APPROVAL P.O. BOX 310 120 N.E. 2ND AVENUE BOYNTON BEACH. FLORIDA 33435 13051 734.8111 ,..' CITY of BOYNTON BEACH October 7, 1982 Mr. Wade Riley 1375 N. Killian Drive, Suite 207 Lake Park, Fl. 33402 Dear Mr. Riley: Please be advised that on Wednesday, October 6, 1982, the City Council approved Ordinances # 82-27, 82-33 and 82-35 which annex and zone the so-called Congress Lakes property. In connection with the approval of these Ordinances, the master plan for the Congress Lakes Planned Unit Development was approved consistent with the agreements and stipulations noted in the Petit~on for Voluntary Annexation and predicated upon compliance with staff comments, (see attached). If, after you have had an opportunity to review this information, you have any questions concerning these matters, please feel free to contact me at your convenience. Yours very truly, CITY OF BOYNTON BEACH '\ ~ (S~ Carmen S. Annunziato City Planner CSA:mpc cc: City Manager Bldg. Dept. w/plans & attmts. Eng. Dept. w/plans & attmts. Utility Dept. w/plans & attmts. Police Dept. Fire Dept. Parks & Rec. Dept. Public Works Dept. Central File w/plans & attmts. Energy Coordinator LAW OFF"lCES ~ d.-.t-., o ~ MjfJ MOYLE, JONES & FLANIGAN, P.A. JON C. MOYLE DANIEL H. ..JONES JOHN 1". F'LANIGAN MARTIN V. KATZ E, COLE F'ITZGERALD. m THOMAS A. SHEEHAN, m ROBERT M. GROSS JORDAN R. MILLER DAVID S, PRESSLY DONNA H. STINSON THOMAS M. BEASON WILLIAM B. KING 707 NORTH F'LAGLER DRIVE POST OF'F'ICE BOX 3aaa WEST PALM BEACH, FLORIDA 33402 DEL RAY BEACH OF'F'ICE 900 EAST ATLANTIC AVENUE P. 0, BOX B7B DELRAY BEACH, F'LORIOA 33447 TELEPHONE (305) 276-3294 TELEPHONE (305) 659.7500 TELECOPIER (305) 659.1769 March 9, 1984 TALLAHASSEE OFF'ICE SUITE 100. THE PERKINS HOUSE liB NORTH GADSDEN STREET TALLAHASSEE. FLORIOA 32301 TELEPHONE (904) 681-3828 Mr. Charles Walker, Jr. P.E. Director, Traffic Division Palm Beach County Engineering and Public Works P.O. Box 2429 West Palm Beach, FL 33402 'l? PC"""" .J1.~.1C ' n1 Ii VED -1!i..L.....f-i( RE: Agreement for Roadway Improvements Between Palm Beach County and Riteco Development Corporation MAR 1 'J "- 79R4 PLAJi\"\: vhlil/G DE.p T. ~ Dear Charlie: Enclosed is the final version of the Agreement between Riteco and the County with respect to the funds being held in escrow for roadway improvements. The only change from the first version sent to you is the deletion of Janet Knox Field as Trustee from being one of the parties in this Agreement. This change was made to conform to the Supplemental Agreement entered into with the City of Boynton Beach whereby Riteco assumed all of the obligations of Janet Knox Field, as Trustee. I have discussed this change with Rickey Farrell and he had no problem with it. I am forwarding this to you at Rickey's request so that you can make the necessary arrangements to obtain County approval. Should you have any questions, please call. your assistance in this matter. Thank you for Sincerely yours, '{7\"~ 4 ~~:;17 Thomas A. Sheehan, III TASIII/pp Enclosure cc: Wade Riley w/encl. R~ey Farrell, Esq. w/encl. ~armen Annunziato w/enc1. --. , . ~, I . ADDENDlM 1D AGGREMENI'. BETWEEN PAIl1 BEAUl COUNlY, FLORIDA AND RITECD DEVEl.OPl'1ENf CORPORATIOO nIIS AGREEMENT, made this ~~2nd day of January , 1980, by and between the CD1JNrY OF PAlM BEAm through the BOARD OF COUNlY . CDM1ISSIa.:tERS of said County hereinafter referred to as "CDUNrYtI and RITECO DEVELOPMENT mRPORATION, a Florida CorPoration, hereinafter referred to as "RITEm". RECITALS \VHEREAS, RITEm and mUNI'Y previously entered into an Agrearent on the 1st day of August, 1978, pursuant to Resolution No. R-78-934 pertaining to traffic impact in the Subdivision kn<NJI1 as SANDHILL, arid ... l.JHEREAS, MJIDROLA., n~c., a Delaware corporation, is desirous of purchasing approximately NINTY (90) Acres of the said Sandhill Development for construction and use of an industrial plant, and '. WHEREAS, the proposed development by }t)T()ROLA, INC. when occupied will generate approximately the identical aJTOunt of traffic as would have been generated had the same 90 Acres been developed under the Sandhill project, and WHEREAS, the traffic generated by the proPosed development of }DTOROLA, INC. represents one-third (1/3) of all traffic generated by the Sandhill project, and v."HEREAS, RITECO and OOUNIY wish to amend the August 1, 1978 of Agreement to fairly reflect the obligation of RITEOO for traffic impact after the' sale to l.mUROLA, INe: NCM, THEREFDRE, for good and valuable consideration, receipt of whi ch i~; hereby <:lcknowlcugecl, the parties hereto intending l l r ! ~ to be legally bol.IDd agree as follcws: 1. Trult any and all aJTOunts due under the August 1, 1978 Agreerrent payable by RITEm shall be reduced by one-third (1/3). and ~ RITECD shall be obligated to pay only two-thirds (2/3rds), any such arrounts due for any items under the contract. EXHIB'IT "B-2" " ~ t~ .n.. I f f \, r. I l 1 " .Jo"" 2. The arrOtmts payable by RITECD 'shall be paid one-half (1/2) al comncncemrnt uf installation of the jn~Kov('ment and om~-half .(1/2) upon cc:mpletion. 3. TI1e obligation of RITI.:CD under this Agreanent shall be in satisfaction of and/or in lieu of any and all impact fees required or to be required by CDUNTY including but not limited to county impact fee ordinances. 4. All other terms and conditions of the agreement dated August 1, 1978) \vhich have not been amnended hereby shall rermin in full force and effect. IN WITNESS \-JHEREOF, this Agreanent has been executed in ' multiple originals on the day and year first above written. RITECD DEVElDP~'iENT OJRPOMTION ATI'EST: ~- /~. h ,'./ ~ ~,l..-:aA Secretary ~\"'h~ili'Lr O-~JL&-l~ T/h tl~f)S$ By '. ,',I"~ ,I President \. .. ,,' . . .: . .~' L ~ ).. ATTEST: JOl IN B. DUNKJ1~ ) CLERK ~ 'I \-l~ '/.1 ,/ " By,J;/.'U'/-Cj:/!-c.~~~ Deputy Clerk . ~.'. t , ,,-,~.... ,,;,.....< .~'I'I,~..,.......'>(... ''''-'f- _?e~:"T',,-+'~'-,,;,.:, 1_:'",;, "<',.,...;,..... ~ ,~.;':i:~- 0...,"'1''',. '.'. ." '~'"'''''''~''''' ~.. . u, , . . - ". I\--,-:.~- . L,h [b '1T>f\- AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND RITECO DEVELOPMENT CORPORATION day of AugUst ,1978, THIS AGREEMENT, made this 1st by and between the COUNTY OF PALM BEACH through the BOARD OF COUNTY COMMISSIONERS of said County hereinafter referred to as "COUNTY" and RITECO DEVELOPMENT CORPORATION, a Florida corporation, hereinafter referred to as "RITECO". RECITALS: WHEREAS, RITECO is presently developing a single and multi- family subdivision known as Sandhill, more particularly described in Exhibit lA', attached hereto and made a part hereof; and WHRREAS, the proposed development, when occupied, will generate additional traffic in the area of the Sandhill project in trips per day and WHEREAS, RITECO and the COUNTY wish to provide for the additional traffic impact as it occurs. NO\'1, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: " SECTION I RIGHTS OF WAY RITECO shall donate to the COUNTY through planning rights of way as indicated in the Palm Beach County thoroughfare plan as follows: Congress Avenue N. W. 22nd Avenue Miner Road 120 feet total 108 feet total 108 feet total (60 feet from centerline) (54 feet from centerline) (54 feet from centerline) provided, however, that where the development abuts only one side of right of way, then only half of right of way is required to be donated. SECTION II FOUR-LANING N. W. 22ND AVENUE . ~ It is understood and agreed that N. W. 22nd Avenue should be r l r I \ : i fcur-laned from the east project ~undary to Congress Avenue and that RITECO shall be responsible for the construction of the additional two lanes, using Palm Beach County standards and specifications. EXHIBIT "B-1" - I ... &' f ~ I \ This construction shall not be required before the occupation of 50% of the residential development or at such time as the combination of residential and commercial/professional traffic generation equals . i , , . the traffic generated by 50% of the residential development. Fifty per cent of residential traffic generation shall be assumed to be 11,199 trips per day. The above obligation of RITECO.may be satisfied at RITECO'S option by either the actual construction of the additional two lanes as hereinabove set forth, or in lieu thereof payment to the COUNTY in the sum of $600,000.00 due and payable at the time the four-Ianing would be warranted. SECTION III TRAFFIC SIGNALS RITECO shall bear the cost of the following traffic signals: Congress Avenue at N. W. 22nd Avenue Seacrest Boulevard at N. W. 22nd Avenue Where warranted, all project roadways and N. W. 22nd Avenue In the case of the development roadways and N. W. 22nd Avenue, RITECO shall pay for the traffic signals when warranted by traffic generated from within the Sandhill Development and installed. In the case of Congress Avenue at N. W. 22nd Avenue and Seacrest Eoulevard at N. W. 22nd Avenue, RITECO shall not be required to pay for the signals before occupation of 25% of the residential development, or a combination of residential and commercial/professiona development which equals the traffic generation of 25% of the resi- dential development. Twenty-five percent of the residential traffic generation lS assumed to be 5,6GO trips per day. If the traffic signals at Congress Avenue and N. W. 22nd Avenue and at Seacrest.Boulevard and N. W. 22nd Avenue are installed f t by the COUNTY prior to the project development traffic operation equalling 25% of the residential development, then and in that event RITECO shall reimburse the COUNTY for these traffic signals upon the 25% residential traffic generation figure being reached. - 2 - ,. t ~ r I I 1 In no event shall the total contribution from RITECO for the traffic signals at Congress Avenue and N. W. 22nd Avenue and at Seacrest Boulevard and N. W. 22nd Avenue exceed $50,000.00. , , SECTION IV LEFT TURN LANES N. W. 22nd Avenue and Seacrest Boulevard RITECO shall pay to Palm Beach County, Florida, the sum of $12,000.00 for construction of left turn lanes on the east and west approaches of N. W. 22nd Avenue to Seacrest Boulevard. This payment shall not be due prior to the occupation of 25% of the residential development, or a combination of residential and commercial/professional development, which equals a traffic genera- tion of 25% uf the residential development. Twenty-five percent of the residential traffic generation is assumed to be 5,600 trips per day. SECTION V INTERSECTION OF CONGRESS AVENUE AND N. W. 22ND AVENUE RITECO shall construct to Palm Beach County standards the 'full intersection of Congress Avenue and N. W. 22nd Avenue for 500 feet riorth, south, and east. This construction shall not be required prior to the occupation of 25% of the residential development or a combination of residential and commercial/professional development, which equals a traffic generation of 25% of the residential develop- mente RITECO may satisfy the obligation of this Section by per- forming the actual construction of the intersection itself or in lieu thereof by making payment to the COUNTY of $60,000.00 due when the construction would be required. : Twenty-five percent of the residential traffic generation is assumed to be 5,600 trips ~er day. f I SECTION VI FOUR-LANING CONGRESS AVENUE RITECO at its option shall either construct Congress Avenue to a four lane roadway to Palm Beach County standards and specifica- tions for the entire frontage of the RITECO property on Congress 1 - 3 - f l ~ I l Avenue or in lieu thereof RITECO shall make a cash contribution to Palm Beach County of $137,000.00. This construction or cash contribu- tion shall not be requireci prior to the occupation of 25% o~ the residential units or 25% of the commercial/professional square footage whichever occurs first. SECTION VII ASSIGNMENT It is agreed by the parties hereto that RITECO may freely assign its obligations under this agreement to any subsequent developer, contractor or builder. Each such assignee shall also ma~ntain the same right to assign its obligations hereunder until such tinleas the construction and improvements required hereunder have been completed. SECTION VIII NOTICE TO PARTIES All notices given pursuant to the terms of this Agreement or which any party may desire to give hereunder shall be in writing an~delivered personally, telegraphed, or sent registered or certi~ied mail, and shall be conclusively presumed to have been given by such delivery. All notices shall be given to ~ach of the following: RITECO DEVELOPMENT CORPORATION 169 East Flagler Street Miami, rlorida 33l3l COUNTY ATTORNEY Palm Beach County Court House P. O. Box 1989 West Palm Beach, Florida 33402 SECTION IX WORDS OF GENDER Wherever herein the context so requires the use of the singular shall include the plural, the use of the masculine shall include the neuter and the use of representative shall include trustee, receiver, executor, etc. SECTION X ; . INTEGRATION i This instrument embodies the whole Agreement o~ the parties and there are no promises, terms, conditions or obligations other than those herein contained. This Agreement shall supersede ~ll - 4 - ~ I i previous communications, representation, advertisements, brochures, proposals or agreements, either verbal or w+itten, between the parties hereto and not herein contained. , ~ , t I I SECTION X~ SEVERABILITY In the event that any part, term or provision of this Agreement is by a court of competent ju~isdiction found to be illegal, the validity of the remaining portions and provisions shall not be affected and the rights and obligations of the parties shall be construed dnd enforced as if this Agreement did not contain the particular part, term or provision held to be so invalid. SECTION XII COUNTERPARTS, This Agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION XIII CAPTIONS Captions are included for convenience only and shall be given no legal effect whatsoever. SECTION XIV AMENDMENT This Agreement between the parties shall not be amended or modified in any manner except in writing executed by all parties. SECTION XV APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION XVI PARTIES f i Except as herein and otherwise expressly provided, the convenants, conditions and agreements contained in this Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives', successors and assigns. - 5 - ['\ ~ I I , " SECTION XVII EXCLUSIVE BENEFITS Nothing in this' Agreement is intended t~ confer upon or give any person, firm or corporation other than the parties hereto and their heirs, personal representatives, successors and assigns any right, remedy or claim under or by reason of this Agreement. All terms and conditions of this Agreement shall be for the sole and exclusive benefit of the parties hereto and their successors and assigns. IN \~ITNESS WHEREOF, this Agreement has been executed in multiple originals on the day and year first above written. ~, A'/'W~ST: . /..; . I '--1. _(~'-.L..L2J:. t. oJ L' e (), /LA_AAj~..{..u_~ / Corporate Secretary ( \ ........... r--': L " Witness . -,' ;( :-- ~<5 PALM BEACH COUNTY, FLORIDA, BY C-f>)D OF COUNTY COI4MISSIONERS JOHN B , DUNKLE. C I er'~_---g'y ;., -:;::: ",,"<, . ~ BY:~~':~/ Deputy Clerk ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY /'"1 ' ;) . . '.,. } I . /' "" j 1,., i I.~ .' I .' '- ' . I "I ... l.o'" <- ~_ .._ ~ ,. >0._ , County Attorney ~ to j; - 6 - ... LEGAL DRSCRIPTION A Tract of l~nd lying in portions of Sections 17 nnd 20, Town~lip 45 South, Range 43 EaRt, Palm,neach County, Florida, more particularly dcscribed as follows: Commence ~t the Southwest corner of 8C1id Section 17; thence N89000'19"E along the South line of said Section 17 for 50.06 feet; .thence NI044'39"E along the Easterly right of way line of C~ngress Avenue that is 50.00 fect East and parallel to the West line of said Section 17, for 2566.00 feet; thence N89008'49"E ~along the Southerly right of way line of the Lake Worth Drainage District Canal : L.21 as recorded in Official Records Book 1732 at Page 612 of the Public Records ; of Palm Beach County, Florida and its Easterly extension for 1364~21 feet to a . point on a curve concave to the Southeast, bearing N81 029' 17"W from the radius point of said curve; thence along the center line of the Lake Worth Drainage District Equalizing Canal E-4"as recorded in Official Records Book 1732 at PAge 612 of the Public Records of Palm Beach County, Florida for the following four (4) courses; (1) thence Northeasterly along the arc'of the last described curve, having a radius of 750.00 feet and a central angle of 4004'17" for 53.29 feet to a point of tangency; (2) thence N12035'00"E for 320.69 to a point of curvature to a curve that is concave to the Northwest; (3) thence along the arc of said curve, having a radius of 6500.00 feet and a central angle of 3028'30" for 39!~.23 feet to a point of tangency; (4) thence N9006'30"E for 1979.10 feet; thence N890 16' 39"E along the North line of said S'ection 17 for 1964.51 feet; thence SOo02' 11 "E tll ong the East line of the \~est ~ of the N. E. ~ of said Section 17 for 2625.18 feet; thence N89008'49"E along ~he No~th line of the Southeast ~ of said Section 17 for 368.96 feet to a point on the North right of way line of m~ 22nd Avenue as recorded in Official Records Book 1738 at Page 1686 of the Pub1ic"Records of Palm Beach County, Florida; thence S19027'3l"E for 59.00 feet to a point on the centerline of said m~ 22nd Avenue, said point being on a curve concave to the Southeast and bearing N19027'31"W from the radius point of said curve; thence, along said centerline for the following two (2) courses; (1) thence Northeasterly along the arc of the last described curve, having a radius of 1637.02 feet and a central angle of 21013'59" for 606.66 feet to a point of tangency; (2) thence S88013'32"E for 300.00 feet; thence S0038 'OO"E along the East._~~,"e of said Section 17 for 50.04 feet; thence N88013'Y2"W for 45.04 feet; thence along the Hesterly right of way line of High Ridge ROCld for the f011O\ving two (2) courses, said line lying 45.00 feet Hest and parallel to the East lines of said Sections 17 and 20; (1) thence S0038'00"E for 2595.38 feet; (2) thence S0049'21"E for 1318.56 feet; thence along the North right of way line of the Boynton Canal C-16 as shown on a Central and Southern Florida Flood Control District Right of Way Map for the following five (5) courses; (1) thence l'l88050'04"w for 858.94 feet; (2) thence SI009'56"~~ for 25.00 feet; (3) thence N8805'0'04"W for 2358.50 feet; (4) thence NI009'56"E for 20.00 feet; (5) thence N88050'04"~~ for 276.77 feet; thence S83030' 15"\~ for 175.04 feet; thence S88055.'53"W along a line that is 110.00 feet North and parallel to the South line of the N~ of the N~ of said Se~tion 20 for 1488.15 fr:>et; thence NOD 12' S5"'~ along the said Easterly right of way line of Congress Avenue, that is 50.00 feet East and parallel to the West line of s~id Section 20, for 1210.64 feet to the Point of Beginning. Said Trilct contains 584.2 Gross Acrenge more or less and is subject to casements and dedications of record. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY: That the above descrihed legal description is true and correct h~scd on survey by Mock, Roos and Searcy, Inc., Consulting Engineers as shOlm on thpir or;lwing No. !~5-43-17-2R, last revised date 4-23-73. 1 'I . . : , '.. t . " :2du-t~ \/' '~~;~1'~ Herbert S. Skinner Professional Land Surveyor No. 2101 Sta te of. Florida f~:; (' I Exhibit 'A'