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LEGAL APPROVAL MINUTES OF THE: .... TY COMMISSION WORKSHOP MEETIt.._ HELD IN CONFERENCE ROOM "C", WEST WING, BOYNTON BEACH, FLORIDA, PRESENT ON MONDAY, AU:T,215': ~30 P.M. Gerald "Jerry" Taylor, Mayor ~ Kerry Willis, City Manager Jamie Titcomb, Vice Mayor James Cherof, City Attorney Shirley Jaskiewicz, Commissioner f\.~NN\NG "NO John Guidry, Utilities Director Henderson Tillman. Commissioner lONING OEPl Mark Law, Deputy Director of Utilities Peter Mazzella, Asst. to the Director of Utilities ~v(rW~ t4---~ ~ ~J ~~rk JA-P~t~ft ffrtfY ,J.J ~ ~ .~ Mayor Taylor called the meeting to order at 6:36 p.m. to discuss two proposed settlement agreements. He reminded everyone present that no vote would be taken at this workshop meeting. These issues will be voted on at an upcoming regular City Commission meeting. I. PROPOSED LEISUREVILLE SETTLEMENT Attorney Cheraf advised that this item has previously been discussed in Executive Sessions; however, that environment does not provide the benefit of staff presence to offer input. The Leisureville community is unusual in a number of respects. The most unusual aspect is that the property line of each individual home goes to the centerline of the adjacent raad as opposed to the edge of the right-of-way, This is pertinent because the main sewer line is underneath the centerline of the road. There is a feeder line (lateral) off to the side of the main sewer line. When Leisureville was developed, there was plat language that discussed the right-of-way and access easements for the purposes of maintenance. In Phase I there was plat language, a document that conveyed the main line of the sewer and other parts of the sewer system to the City, and there was action by the Commission accepting that conveyance. These three elements only exist as to Plat 1 of Leisureville. Attorney Cherof distributed two diagrams. One of the diagrams showed the right-of-way, sewer line, and the lateral. The second diagram is a detail of the connection. The lawsuit Leisureville initiated was an action for declaratory relief asking the court to interpret the plat language and the actions of the City over time, and to make a determination who was responsible for a portion of the lateral that was in the right-of-way. During Executive Session, the City reached a point with the City assuming and acknowledging responsibility for the main line repairs and a portion of the lateral. In addition to the sewer system, there is also a stormwater retention system in this community, That system is not depicted on the diagrams. However, it is an issue that should be addressed. Using the diagram, Attorney Cherof explained that the City agrees to accept responsibility for the main line and any leaks and maintenance associated with that (A) and the turn section (B) and all of the connections at that point. The property owners or the association would be responsible for connections beyond that point. From a staff point of view, it was felt that it was easier to deal with specific parts of the system as opposed to dealing with measurements and how it relates to the 30' easement. Staff is able to televise this system without having to dig it and to determine where they are in the system by visual points of reference. No excavation will be necessary for repairs. Mark Law explained that technology has brought us to the point where new grouting methods and equipment are available. Funding has been included in the proposed budget for this new technology. 1 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA AUGUST 25, 1997 Staff will be able to sit in the main line and videotape and look up the line with a t.v. camera. If a leak is found in either of the items identified as "An or "B", a chemical grout repair can be made by a worker who will sit in the line. No excavation is necessary. Mr. Law is comfortable that the repairs identified can be made using this method. Mr. Law explained that a repair would require the use of the City's large t.v. truck. This is a two-man operation. The workers would enter a downstream manhole with the camera that is on equipment similar to a tractor, The tractor goes up the line, centered at the location of the potential break point. The workers can view up into the lateral 3' to S' outside of the main. The leak will be visually identified and the repair will be made. The chemicals are fairly expensive; therefore, it will probably cost between $SOO and $700 per repair. Mr. Law explained that the City has been able to identify a leak by small depressions in the pavement. Attorney Cherof advised that the repairs would be necessitated by physical evidence of a problem. There is no requirement that the City undertake a program of preventive maintenance. If there is a depression and there appears to be a problem, the line will be inspected. If there is a defect, the repair will be made. This may result in an ongoing situation since there is no way to project when these repairs will be necessary. This is an aging system. Mayor Taylor questioned whether we would have the ability to detect a leak that is beyond the area of our responsibility. Mr. Law responded negatively, and explained that the only way to visually inspect the balance of the lateral would be to enter into the clean out. Commissioner Jaskiewicz asked if the most likely occurrence of leak would be in the joint area. Mr. Law explained that this is brittle clay pipe, some of which was constructed in 1965. The life expectancy of this pipe is approximately SO years. From the paint at the final bend beyond item B to the front of the home. there is approximately 2S' to 30' of pipe. There could be three to five more joints between that point and the front of the home. That area would be the responsibility of the praperty owner or the association. Vice Mayor Titcomb confirmed with Mr. Law that this configuration is typical to all the connections within Leisureville. In response to Mayor Taylor's question about the costs associated with excavation, Mr. Law explained that considering the water table in most of Leisureville, it could cost approximately $3,000 to $5,000 per excavation and restoration. With respect to the stormwater system, Mr. Law explained that this is a wet system. Almost all of it was constructed below the normal water table of Leisureville. It is always flooded. This type of system is very difficult to clean. An inflatable bag must be inserted into the outfall, the water must be pumped out, and then it must be cleaned. It is Mr. Law's opinion this system has never been maintained. The only scouring it gets comes fram a high rain incident. To the City's knowledge, the system is in decent condition. However, much of it was constructed in 1965. We have no documented drawings on this system. Attorney Cherof confirmed that this system has never been maintained nor have we been able to determine that it is a system that was conveyed to the City for the purpose of maintenance. During the meeting with representatives of Leisureville to discuss this situation, we felt it could be resolved as follows: For certain types of emergency repairs or beyond that, the City and staff would be available to process a repair (send a crew out to make the repair), but the Association would be responsible for the cost of the repair. This will enable the City to compete with 2 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA AUGUST 25, 1997 the private sector for repairs and passes on to the community the benefit that the City can more efficiently and economically undertake the repair. To resolve the issue. there will be an acknowledgement that the Association owns all of the system, but the City would undertake this responsibility of responding to repair calls and bill the Association for those repairs at City rates. Commissioner Jaskiewicz confirmed with Mr. Law that although the Leisureville community was being discussed this evening, these methods of remediating any situations like this would be used Citywide. Commissioner Tillman questioned how much money would be budgeted annually for these repairs. Mr. Guidry advised that the department has not budgeted for these repairs. The department is involved in updating the stormwater master plan. We envision looking at the rates. There was a determination by bond counsel that it was just to utilize water and sewer rates to pay for some reasonable stormwater costs. That was cleared in the 1996 bond documents. Attorney Cherof said the program of undertaking repairs to the sewer system and stormwater will be reflected in the rates in the future. Mr. Guidry agreed that we are now working on a cost of service analysis. We have not revisited rates, but will look at it in the future. Attorney Cherof advised that at a meeting with Leisureville representatives, the discussion was narrowed down to the terms stated. There is no document that reflects the term. However, if the Commission is comfortable with this concept as outlined, the draft document will be modified to reflect the terms and brought back for Commission approval after the Association has reviewed and approved it. Consensus There was a consensus of the Commission to move forward as recommended by Attorney Cherof. 2. PROPOSED WOOLBRIGHT PLACE SETTLEMENT AGREEMENT Attorney Cherof advised that the Commissioners had been given a handout summarizing five or six speCific points that were taken from a proposal to modify the 1995 Settlement Agreement with Mr. Scharlin (Mr Morton). The two-page chart summarizes the position set forth in the 1995 Agreement, Mr. Morton's praposal to modify it. and the recommendation by staff. Attorney Cherof addressed each issue in the proposal as follows: Industrial Access Road The 1995 Agreement required that this road be constructed within 21 months of the date the Agreement was signed (November, 1995). That road is not being constructed. and Mr. Morton has proposed delaying construction of it until the occurrence of the earlier of two events - either the issuance of the Certificate of Occupancy for his 14 acres immediately to the south of that industrial access road (the praperty between Home Depot on the south and the Vinings development on the north), or the necessity of the road for the purposes of developing the property that lies east of the railroad tracks (Winchester praperty). The Winchester property is currently undeveloped. and the only access to it is from the north. The railroad crosses Ocean Drive with an opportunity to turn south. That road does not extend all the way down at this point. The Winchesters have an unspecified plan to develop their property. Mr. Morton proposes to construct the access road when Winchester develops the property and the CSX railroad approves moving of the railroad crossing from Ocean Boulevard to the industrial access road. There are several different points of view about when that would be triggered, and how it would occur. The railroad has provided many different opinions on how this could occur. Attorney Cherof advised that stories he 3 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA AUGUST 25, 1997 has heard indicate that the railroad will never agree to close Ocean Drive. He has also heard stories that the railroad has no problem with closing Ocean as long as the industrial access road is in place. Mr. Morton explained that the Agreement that was originally in place when this road was contemplated had Mr, Morton building the road to the railroad track. Winchester would build the crassing and provide access to the property owners to the north. The City agreed they would maintain the crossing and provide insurance for the crossing. There have been many stories about what the railraad might allow. Mr. Morton said the railroad would allow the switch of crossings as long as all of the items mentioned are satisfied. Commissioner Jaskiewicz questioned whether the City has ever contacted the State to find out for certain whether the Winchester property will ever be developed. The State is seriously looking at maintaining a greenbelt and possibly expanding 1-95 in this area. Mr. Morton explained that there was an article in the newspaper recently that the Nature Conservancy targeted two sites in Palm Beach County. This is one of those two sites. They would like the Nature Conservancy to buy the Winchester track for preservation. If this occurs, they would probably incorporate the railroad track so that it will be part of the shopping center. Winchester has an ingress/egress agreement to the CSX railroad property. This property had originally been sold to the State as part of 1- 95. The State declared a portion of it surplus property. Elsie Winchester purchased the property as landlocked property. Attorney Cherof reminded the Commissioners that this industrial access road construction was a hotly discussed issue when the City reached the 1995 Agreement. There previously was an 80' right-of-way. As part of the 1995 Agreement. Mr. Morton's commitment was to build it within 21 months. Correspondingly. the City made a concession to abandon the south 30' of that 80' right-of-way. Mr. Morton benefited from that 30' abandonment. The City satisfied that provision of the 1995 revision. A great deal of time was spent discussing this particular issue and we received a commitment from Mr. Morton to build that road within 21 months. Sfaffs response to Mr. Morton's proposal is to delay construction until the earlier of one of the following events: 1. Either 120 days from site plan approval for the adjacent 14.5 acres; or 2. 120 days from site plan approval for any portion of the property east of the railroad tracks (south of Ocean and north of Woolbright). The triggering event would not be contingent upon the railroad's actions. This would remove them from that equation and fixes it with respect to development of one of these two parcels of property. Greg Kino. attorney, advised that the issue is timing. Mr. Morton is not refusing to construct the industrial access raad. From a legal standpoint, there was a tenuous connection between the construction of a resident PU D and an industrial access road to serve one developer. Mr. Morton is requesting that the City reflect the appropriate time. Mr. Morton feels the appropriate time would be either when he completes the buildout of his praject, or when the other project for which this road is being built to support is approved and we know for certain the railroad crossing will be in place. The CSX crossing is critical to whether that undeveloped parcel gets developed. In response to Mayor Taylor's question, Mr. Kino advised that it would benefit Mr. Morton if the road were built when he is ready to develop his parcel. Therefore, Mr. Morton agrees with staffs recommendation except that in addition to the Winchester parcel being site planned through, that they also have the approval for the railroad to cross it. 4 MEETING MINUTES CITY COMMISSION WORKSHOF- BOYNTON BEACH, FLORIDA AUGUST 25, 1997 Mayor Taylor pointed out that the original agreement had nothing to do with what was going to be developed at the other end of the road. When Mr. Morton came in, the City dealt with Mr. Morton's development. He agreed to develop the road as part of this praject and the City agreed to abandon some praperty. Mr. Morton said he incorporated the extra 30' into the shopping center development. The main issue now is whether or not a road to nowhere should be built. Mayor Taylor reiterated that this is a discussion that happened many times. The City maintained its position that it wanted the road built and Mr. Morton agreed to that condition. Part of the agreement was that the road would be built within 21 months of the 30' abandonment. That 21-month period has now expired and Mr. Morton is now looking for an extension. Mr. Morton advised that the agreement says there would be three access points into the center. Until the shopping center is planned, he does not know where those access points will be located. There is no condition to eliminate the road. The road will be built as part of the 14 acres. If there were a good public use for it. he would build it immediately. When the meeting took place with Carrie Parker and Bill Hukill, there was talk about discussions going on with the railroad and Winchester about developing his property. They believed this would happen. Therefore, the 21 months was included to satisfy Winchester because he felt he would have a deal ready with the CSX railroad. However, that has not happened. Mayor Taylor feels Mr. Winchester may have been able to market his property if a road was included. Attorney Cherof said there is a provision of the current agreement that requires Mr. Scharlin to pravide 110% surety for all of the improvements including the construction of the road. That provision would have to be satisfied if the Commission agrees to any delay in construction. There is no surety for the road at this time, and the City would want that surety up front as a condition of signing the agreement. City Impact Fees The agreement provides that any applicant (Mr. Scharlin or one of his purchasers) pay fees at the 1986 City impact fee rate. Mr. Morton's proposal is that if Mr. Scharlin is the applicant, that the 1986 fees be collected. However, if he is not the applicant (if he has conveyed the property and someone else comes in), that the City would collect the current rate and would remit the difference to Mr. Scharlin. Staffs recommendation is that the fees collected from all applicants would be at the 1986 rate. If there has been a differential collected to date, we would remit that differential to Mr. Morton provided that the City is provided with releases from all of the purchasers of the property. This is something all of the purchasers are aware of and they do not have an objection to the releases. County Impact Fees Mr, Morton has a letter from a prior County Attorney that acknowledges that his project was vested as of 1986. Currently, the County is disputing the effect of that letter from the County Attorney. There is currently an agreement where the City collects the current rate and gives the money to an escrow agent that Mr. Morton and the County have agreed to. Mr. Morton's proposal is that if discussions with the County break down over what the escraw agent is to do with that money, that the City will join him in litigation against the County and aggressively support him in enforcing his letter from Mr. Cook, the County Attorney. Staff recommends that the City continue to collect the current rate and give it to the escrow agent per the agreement. However, if discussions break down between Mr. Morton and the County, or if the County 5 MEETING MINUTES CITY COMMISSION WORKSHOf.- BOYNTON BEACH, FLORIDA AUGUST 25, 1997 begins to assert a position that is adverse to the City whereby the City has liability, the City will take those funds and let the court figure out who they belong to. Attorney Cherof does not feel there is much distinction between the court and an escrow agent. We will honor whatever agreement Mr. Morton is able to make with the County. We are not a third party to that agreement. Mr. Kino advised that Mr. Morton agrees with the staff recommendation on the City impact fees as long as they can pravide a release to the City. The County impact fee issue is between Mr. Morton and the County. The only reason the City is involved is because the City is collecting the fees for the County, Plans Review Procedure The 1995 agreement incorporated a chart on how Mr. Morton's applications would be processed. This pracess was referred to as an "expedited process". In some cases, the "expedited process" took longer than the regular process. Staff recommends resuming standard processing. Mr. Morton proposed using terms such as "best efforts" and "unreasonable delay". Attorney Cherof feels these are the kinds of words Iitigators like. He reminded the Commissioners of previous litigation with Mr. Morton over the word nexpeditedn. Mr. Kino was agreeable with Attorney Cherofs recommendation and stated that the proposed language was Mr. Morton's way of extending an "olive branchn. Traffic Approvals There is a provision proposed related to traffic approval that was not specifically dealt with in the 1995 agreement. Staff is still evaluating this issue and discussing it with County staff. Mr. Kino said what Mr. Morton is trying to do is set out what has been appraved with regard to traffic. The traffic reports that were referenced were approved by County Traffic Engineering as well as the City. This is being done as a confirmation. If the City has an objection, Mr. Morton would like to know about it now. Mayor Taylor acknowledged Mr. Morton's agreement with staffs recommendations regarding everything but the industrial access raad. Mr. Mazzella said he agrees with Mr. Kino's remarks about the traffic study. This is a very complicated issue. Mayor Taylor feels it would be possible to live with waiting for the 14.5 acres from site plan approval and/or approval for any portion of the property east of the railroad tracks. Mr. Morton is proposing including CSX appraval. Staff does not agree with that proposal. Mr. Mazzella explained that CSX would not approve a crossing to a vacant parcel. They will need something to substantiate the need for a crossing. That need would be necessitated by traffic, which will be generated by a specific use. Until a use is designated, and a site plan is approved, the need for a crassing cannot be evaluated. Mayor Taylor pointed out that Mr. Morton would need this road if he gets site plan approval for the 14.5- acre parcel. Mr. Kino explained the CSX railroad would not give an approval without showing a need for the crossing. That approval will come from CSX when the site plan is approved for a portion of the property across the tracks. 6 MEETING MINUTES CITY COMMISSION WORKSHOF- BOYNTON BEACH, FLORIDA AUGUST 25, 1997 Mr. Morton added that he agrees with Mr. Mazzella's remarks that the crossing would be better on the industrial road than it is on Ocean Drive. However, there are issues that must be resolved with the railroad and Winchester in order to have a crossing. One of the major issues in closing the crossing on Ocean Drive is how the business owners in that area will gain access to the property. After talking with CSX, Mr. Morton believes they would change the crossing if all factors came into play. Commissioner Jaskiewicz suggested contacting DOT to see if they will ever consider eliminating the greenbelt in this area. In response to Vice Mayor Titcomb's question, Mr. Mazzella explained that if that tract of land were to become designated greenbelt, the industrial access road would be built when the 14.5-acre parcel is developed to provide a rear access to the shopping center. Mr. Kino explained that Mr. Morton has a master plan modification, which was postponed in order to allow time to work out some issues with staff, Mr. Morton would like to come to the City Commission with a master plan that reflects everything Mr. Morton and the City want. Mr, Morton confirmed that he was in agreement with the sketch that reflects the switch on the industrial access road. 3. CONTRACT WITH THE TOWN OF HYPOLUXO TO PROVIDE FIRE AND EMS SERVICES City Manager Willis advised that the Town of Hypoluxo was placed on notice by Lantana that they will turn its service over to the County effective October 1, 1997. Because of this notice, the Town of Hypoluxo is scrambling to investigate other options. An effective date of October, 1998 for the commencement of service would be set, leaving the window of opportunity open for as soon as October 1, 1997. The figure we are working with is $180,000. Vice Mayor Shultz of the Town of Hypoluxo advised that this would only happen if the County Commission grants them release from the contract because they are now carrying Lantana's contract. Fire Chief Bingham and Battalion Chief Bill Gulbrandsen were present to address this issue. Mr. Gulbrandsen explained that the Town of Hypoluxo is 6/10 of a square mile, which goes from Hypoluxo Road south to Miner Road. It is bordered on the east by the Intracoastal Waterway and on the west to an area just west of the FEC railroad tracks. The City borders the Town of Hypoluxo on three sides. We currently service the area and there have been discussions in the past about squaring off the City boundaries. This is an area the Fire Department feels is within the squared off boundaries of Boynton Beach. The Town of Hypoluxo has a permanent population of approximately 1,300. The township is approximately 50% built out. There are two major areas open for development. One area is just west of the FEC tracks (approximately 100 acres), bordered on the west by Overlook Road. This area is currently being looked at as a scrub site. This area may never be developed. However, if it is not a suitable scrub preservation area, it will be open for development. There are two active marinas in the area. Approximately two years ago, there were 100 EMS and Fire-related calls. and there were approximately 200 calls last year in this general vicinity. The township starts just north of Gateway and is bordered by the City of Boynton Beach. There is no part of the Town of Hypoluxo east of the Intracoastal Waterway. Chief Bingham advised that on August 611\ he was asked to join a meeting in the City Manager's Office with Mr, Shultz. Subsequent to that meeting, he was asked to perform an analysis relative to the impact this request would have on Boynton Beach Fire/Rescue. He provided all correspondence that transpired between himself and the City Manager. Between August 6111 and August 11t11, he and Mr. Gulbrandsen spent time in the Hypoluxo area. He followed up with a letter to City Manager Willis addressing response times. In reviewing the contract that was provided, they also noted that the City of Boynton Beach uses a different method than Lantana to transport patients. The City of Boynton Beach uses a private provider 7 C~~Y MANAGER'S OFFICE CITY OF BOYNTON BEACH TO: Don Jaeger, Chris Cutro DATE September IS, 1993 John Guidry, Vincent Finizio DEPARTMENT APPROPRIATE ACTION EVALUATION/RECOMMENDATION FOR YOUR INFORMATION NOTE AND RETURN FOR YOUR FILES OTHER ACTION DESIRED PRIOR TO SUBJECT: TRADEWINDS DEVELOPMENT Attached hereto please find a copy of legal memorandum number 93- 90 dated September 14, 1993 from the City Attorney requesting that the City Departments review all Stipulations and Final Orders that were entered into between the City and Tradewinds Development, and thereafter prepare a checklist indicating which items are complete, not complete, and those at variance with the pleadings. I would request that you provide your responses to this office by Friday September 24, 1993. I in turn will meet with the City Attorney to finalize the listing, and should we need your assistance we will call upon you on any of the items. Your prompt attention is appreciated. Thank you. JSM:smb Attach. c: Jim Cherof, City Attorney Carrie Parker, Asst. City Manager ~Il-~ J;:'\ J. Scott Miller City Manager ~~ flu i;;;:;~ RESPONSE: Date (Action Completed) Signature~~~ c_____ .... ..., MEMORANDUM NO. 93-90 September 14, 1993 FROM: J. Scott Miller, City Manager , ..., \.....: Jim Cherof, City Attorney-,c- Tradewinds Development ',}--~ TO: RE: In conjunction with the settlement and entry of a Final Order in the Tradewinds lawsuit, a series of comprehensive stipulations were entered into between the City and Tradewinds Development. Both the City and Tradewinds had mutual responsibility and obligations in conjunction with the on-going development of that property. The further we get from the Final Order in that lawsuit the more difficult it becomes to determine whether the project is proceeding in conformance with the Final Order and Stipulations. It is my suggestion that the heads of the City departments review the stipulations and Final Orders and prepare a checklist indicating what items they feel are complete, not complete, and what are at variance with the pleadings. That review should culminate in a single checklist document to be used as a "road map" for the continuing development requests of Tradewinds. I would appreciate your consideration of this request. I would be happy to meet with the department heads on this task. .,.;'h' ., ........-..............,...~;'""" ,,1 f '1tf~_~lll;I.~ \\!ll . 1" ,UUi [~~. I-<ECEIVED SEt' 1 't 19~~ CIIY M,;..~.{,":".:~, ~ vFrlCE PLANNING & ZONING DEPARTMENT MEMORANDUM NO. 93-250 TO: FROM: J~scott Miller, City Manager l!.-t -vvJ~ Christopher cutro, Planning & Zoning Director DATE: September 27, 1993 RE: Tradewinds This is a response to your memorandum on Tradewinds asking me to review the stipulated settlements for items that have not been completed. S W 8th st has not been completed with a turnaround and questions surrounding the industrial access road and railroad crossing have never been settled. As far as I know, all other conditions within the settlement agreement have been met. This review did not include any review of conditions on plats, site plans or master plans. I hope this memorandum is of some help to you. If you should have any questions, please feel free to call me. CC: frb A:93-250 r<ECEIVED St:~ 2 7 1993 CITYMANAGERSOfE,:.' t~ -,.-----... n GEE & JENSON Engineers. Architects- Planners. I nc. Decem.ber 29, 1992 Mr. Michael Morton Tradewinds Development Group 902 Clint Moore Rd. #124 Boca Raton, FI 33487 Re: Woolbright P.U.D. Drainage Pipe Location Dear Mr. Morton: At a recent Boynton Beach TRC meeting, the First Baptist Church of Boynton Beach at Tradewinds requested the TRC approve an easement modification for storm drain piping installed outside of easements on their property. This pipe is the outfall pipe to the lake on your property. My review of the pipe location and easements as set forth in the plat indicate the pipe is also out of the easement and on adjacent property. I have enclosed a copy of the M.A. Schenk & Associates survey depicting the easement and pipe locations. You should verify this information. If the pipe is installed as shown, you must relocate that portion of the. pipe not on your property or the church's tract, or provide necessary easements. Your prompt response to this matter is requested. Very truly Yours, WRS /bf 92-025 Ene!. cc: Chris Cutro J. Scott Miller Vince Finizio RECE\VEO nee 3 , \9~2 One Harvard Circle. West Palm Beach, Florida 33409-1923.407/683-3301. FAX 407/686-7446 t~ ------ n MEMORANDUM TO: Chris Cutro FROM: W. Richard Staudinger City Engineer DATE: December 10, 1992 RE: First Baptist Church Easement Change at Tradewinds This memo is to document the engineering department's strong objection to the modification of easements as requested at the December 1, 1992 TRC meting by Michael A. Schenk on behalf of the First Baptist Church. The following specific objectiions are noted: 1. A portion of the drainage pipe is not on property controlled by the church. No easement has been obtained for that portion of the pipe incorrectly installed off the property . 2. No evidence of LWDD concurrence was supplied. 3. The signature of all plat owners will be required to vacate existing platted easements. Legals should be supplied for all new easements. Dedication of a new easement cannot occur by use of a sketch alone. /~ . R chard Staudinger, PE City Engineer WRS/bf 92-049 REceiVED DEe 3 1 1992 Gr~E 8,{ II,JENSON t~ ~ ern MANAGBR' S OI"P%CII ern - L:';":., TO: J 1m Cherof DEPARTMENT City Attorney APPROPRIATE ACTION ~ EVALUATION/RECOMMENDATION [] FOR YOUR FILES [] ACTION DESIRED PRIOR TO SUBJECT: WOOLBRIGHT PLACE PUD - TRADEWINDS PARK & RECREATION AGREEMENT OTHER [] [] [] FOR YOUR INFORMATION NOTE AND RETURN Attached hereto please find a copy of Recreation & Park memorandum '93-352 reference the above noted subject matter. Attached to said memorandum is a copy of an Agreement that the City entered into back in October 1990 with Tradewinds Development Corp. specifically Establishing Park & Recreation dedication requirements. Per said Agreement, I direct your attention to Section 4B, page 4, where it states "in the event the City fails to generate park development plans within three (3) years of the date of this Agreement Tradewinds shall pay to the City Sixty Thousand Dollars ($60,000.00) in full satisfaction of any cash payment to the City required in lieu of land dedication." Thus, it is staff's determination that Tradewinds now owes the City the sum of $60,000. I would ask that you please review this Agreement for concurrence with staff's interpretation, and thereafter, provide this office with the proper direction in proceeding to effectuate the appropriate section of said Agreement. Your prompt attention is appreciated. Thank you. cc: Mayor & City Commission J' Carrie Parker, Assist. City Manager Chris cutro, Director Planning & Zoning Central File JSM : j b Attach. RBSPONSB: Date (Action Completed) Signature RECREATION , PARK MEMORANDUM '93-352 FROM: J. Scott Miller, City Manager Charles C. Frederick, Director 0C:>~ Recreation & Park Department TO: RE: Woolbright Place PUD: Agreement Tradewinds Park & Recreation DATE: August 27, 1993 On October 17, 1990, the City entered into an agreement with Tradewinds Development Corporation establishing Park & Recreation dedication requirements. The agreement is attached. As a part of the agreement, Tradewinds'dedicated 3.5 acres for park development. Their dedication requirement was 4.5 acres. The remaining acre was to be provided through park construction improvements on the 3.5 acres valued at $75,000 (the determined value of one acre of land). The agreement indicates that if the City fails to generate a park development plan within three years from the date of the agreement, Tradewinds shall pay the City $60,000 in full satisfaction of any cash payment required in lieu of land dedication. As we have not generated a park plan and have no plans to do so by October 17, 1993 due to the financial situation of the City, it would be appropriate to enact the collection of the $60,000 from Tradewinds and place the funds in the Recreation and Park Trust Fund. These funds can be utilized to develop the 3.5 acres as a neighborhood park when the City deems it appropriate. I would recommend the City Attorney review this agrep.ment for concurrence with my interpretation and the necessary action to finalize the action be scheduled. Attachment CCF:ad CC: Jim Cherof, City Attorney John Wildner, Parks Superintendent File RECEIvED AUG 2 7 1991 CITYMANAGrBsOfACE I l L II - 1/ /; I! /7 1.'./"1 r- /?/~/~, AGREEMENT THIS AGREEMENT made this 17th day of October , 1990, by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter referred to as "CITY") and Tradewinds Development corporation (hereinafter referred to as "TRADEWINDS"). WHEREAS, TRADEWINDS has heretofore submitted to the CITY for approval, a preliminary Plat of the Woolbright Place PUD (hereinafter "Plat") pursuant to Appendix C, Article VIII, section 5, and WHEREAS, TRADEWINDS and the CITY have processed the preliminary Plat before the Technical Review Board, Planning & Zoning Board and City commission in accordance with the requirements of Appendix C, and WHEREAS, the Planning & Zoning Board of the CITY at its september 17, 1990, Special Meeting conditionally approved the preliminary Plat and made its recommendations to the City Commission, and WHEREAS, the City commission conditionally approved the preliminary Plat subject to an Agreement in writing being reached between TRADEWINDS and the CITY regarding the park and recreation areas required for the development of the property which is the subject of the Plat, and Page 1 of 7 L L "WI" ..., WHEREAS, Appendix C, Article IX, section 8 requires the dedication of park or recreational facilities as a condition of preliminary Plat approval, and WHEREAS, Appendix C, Article IX, section 8G requires an Agreement, in writing, by TRADEWINDS with respect to the dedication of lands, the payment of fees in lieu thereof, or both, at the option of the CITY, and WHEREAS, it is the objective of the CITY and TRADEWINDS to create a legally binding Agreement which not only sets forth the rights and duties of TRADEWINDS and THE CITY with respect to the park and recreational areas, but which also constitutes the writing required of TRADEWINDS pursuant to Appendix C, Article IX, Section 8G. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED AS FOLLOWS: 1. The CITY agrees to accept a combination of land, located outside the boundaries of the Plat, and fees in the form of actually constructed improvements to a proposed CITY Park in satisfaction of TRADEWINDS obligation to provide land for park or recreational purposes within the boundaries of the Plat. 2. The CITY and TRADEWINDS agree that the fair market value of one acre of land within the boundaries of the Plat is $75,000.00. Page 2 of 7 l l 3. TRADEWINDS shall convey to the CITY by Special Warranty Deed and such other collateral instruments as are determined by the City Attorney to be necessary, 3.5 acres of land, the legal description of which is set forth on Exhibit "A" and attached hereto. Said conveyance shall be free and clear of all liens and encumbrances and shall constitute partial satisfaction of the Woolbright Place PUD Parkland dedication requirements pursuant to Appendix C of the Code of Ordinances. 4. In addition to the foregoing, TRADEWINDS shall, solely at the option of the CITY: A. Pay to the CITY the fair market value of one acre of land which would otherwise be required to be dedicated pursuant to the formula prescribed in Appendix C, Article IX, Section 8B4, or B. Provide Actual Constructed Improvements (hereinafter "Improvements) to the proposed park to be located on the three and one-half (3.5) acres heretofore described. The Improvements shall be in accordance with a design plan generated by the CITY. In conjunction with the development of a design plan for improvement of the proposed park site, the CITY shall prepare a detailed estimate of projected costs for each element of the improvement. The CITY shall designate those elements of the design plan which TRADEWINDS shall be responsible for construction, provided that the total elements designated for improvement by TRADEWINDS shall not exceed the agreed upon fair ..... _ _ _ "L~_"'1_____.______.___,_.__ l L '-" .... market value as set forth in paragraph 2 of this Agreement. All construction improvements which become the responsibility of TRADEWINDS shall be completed in accordance with the construction schedule prepared by the CITY. In the event the CITY fails to generate park development plans within three (3) years of the date of this Agreement TRADEWINDS shall pay to the CITY Sixty Thousand Dollars ($60,000.00) in full satisfaction of any cash payment to the CITY required in lieu of land dedication. C. The parties specifically agree that Tradewinds shall have the right to construct an additional 16 units within the Woolbright PUD, thereby bringing the total buildable units within the PUD to 656. TRADEWINDS agrees to limit to a total of 16, the units to be constructed specifically in the northeasterly portion of the property. The area is generally described as "The Tail". A legal description of that portion of the property is attached as Exhibit X. To the extent that this provision of this agreement conflict with, or expand the rights and duties of the parties as set forth in the Stipulation and Settlement Agreement and the Final Judgment in case number CL-86-3631-AE, the parties agree to jointly submit a Motion to amend the Final Judgment. 5. The parties recognize and agree that there are other provisions of Appendix C, yet unfulfilled which constitute conditions precedent to final Plat approval, site plan approval, and TRADEWINDS development rights with respect to the property. The conditions are as follows: Page 4 of 7 I l L A. TRADEWINDS shall, prior to and in conjunction with site plan approval for the residential site, establish the existence of the criteria set forth in Appendix C, Article IX, section 8F for entitlement to the fifty (50%) percent credit for private open space. B. The Commission must find that the standards which entitled TRADEWINDS to credit for private open space pursuant to Appendix C, Article IX, section 8 have been met. C. In the event that TRADEWINDS fails to establish the existence of the criteria set forth in Appendix C, Article IX, section 8F or if the City commission fails to find that such criteria have been established and that it is in the public interest to provide TRADEWINDS with the fifty (50%) percent credit, based upon the grounds set forth in the Code, then, in that event, that portion of the Surety Bond which equates to the value of four and one-half (4.5) acres of property shall be subject to forfeiture to the CITY. D. TRADEWINDS shall furnish to the CITY a Surety or Performance Bond in an amount equal to one hundred ten (110%) percent of the total costs of (1) surveying, and (2) construction for the installation and completion of all required improvements including sidewalks as set forth in Appendix C, Article 8, Section 7 of the Code of Ordinances. The Bond shall include, but shall not be limited to, the fair market value of the one acre as set forth in paragraph 2 Page 5 of 7 I [ L ..., ..., of this Agreement, and the cost of all other required improvements pursuant to Appendix C of the Code. The Bond shall not initially include the estimated value of the five basic elements of parks and recreation improvements wi thin the parameters of the Plat. The value of such improvements shall be established in conjunction with, and as a condition of site plan approval. At such time as the actual park and recreation improvements are determined a final value for the improvements shall be made and the Bond shall be adjusted accordingly. The Bond or Bonds required by this Agreement or by Appendix C of the Code shall not be released, reduced, or extinguished without the prior written consent of the CITY following City Commission action. E. A determination by the staff of the CITY administration that the 3.5 acres described on Exhibit "A" to this Agreement are suitable for future park development by the CITY without the necessity of expenditures for site development. F. A determination by the City Commission when development of the park or recreational facilities described herein shall be commenced. 6. The parties agree that nothing contained herein shall constitute a waiver by the CITY in favor of TRADEWINDS of any of the procedural requirements for preliminary or final Plat approval, nor shall this Agreement constitute or create any Page 6 of 7 t L additional conditions on TRADEWINDS to obtain preliminary or final Plat approval. 7. The final Plat shall contain a notation which makes reference to this Agreement and this Agreement shall be recorded in the Public Records of Palm Beach County. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date indicated below. fa DATED: c:th77:)A~ /7' /99C) , DATED: By: THE TON BEACH CORP. President (corporate seal) ATTES~1~...9)(~M~ ITY CLERK (City Seal) a:2 BOYNTON 10/17/90 ORDINANCE NO.U90-1h AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING . WOOLBRIGHT PLACE, P. U. D. , AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM RECREATION TO RESIDENTIAL (MODERATE DENSITY) ; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Land Use Plan and as part of said Plan a Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, a certain parcel of land more particularly described hereinafter is being annexed in accordance with the application by Kieran J. Kilday/Kilday & Associates, Inc., agent for Tradewinds Development Corporation, the owners of the following property, into the City by Ordinance being adopted simultaneously herewith; and WHEREAS, the procedure for amendment of a Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Land Use of the following described land shall be designated as Residential (Moderate Density). Said land is more particularly described as follows: " POINCIANA PARK" lying in Block 34, as shown on the plat of "LAKE BOYNTON ESTATES PLAT 2", according to the plat thereof, as recorded in Plat Book 14, Page 17 of the Public Records of Palm Beach County, Florida. ... Said lands situate in Boynton Beach, Palm Florida. t~ Beach City of County, Containing 48,000 square acres), more or less. feet (1.1019 Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-Way of Record. Section 2: That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. FIRST READING this ~ day of December, 1990. SECOND, FINAL READING and PASSAGE this 1;1' day of December, 1990. ~~. Vice Mayor 7/; , / /) ,/, 'L' ,I"' /". .c,'. :' '- ..~_. ! c_ ' . ~{tomm' ss, ioner_ ~ah Co issioner L?~ L -,P. d "=7 Commiss oner (CorporC'.t.E:: Seal) Landuse5.DOC 11/29/90 " ) ',\\ I , \. \, 'I ) II " f,jJ, {, _~_ 4JV- p~ ~;~~~!~ ~tL ;7f~ ~ If ~11~ ,~ ...' 'I I ORDINANCE NO. 89-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY PURSUANT TO AN ORDER OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT BY REZONING SEVERAL PARCELS OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R-1A (SINGLE-FAMILY RESIDENTIAL), R-3 (MULTIPLE-FAMILY DWELLING) AND C-2 (NEIGHBORHOOD COMMERCIAL) TO PLANNED COMMERCIAL DEVELOPMENT; PROVIDING FOR ADDITIONAL SQUARE FOOTAGE OF COMMERCIAL DEVELOPMENT; SAID PARCELS BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. I I I ,I " " I I I II II 'I !I I' 1\ I WHEREAS, the city Commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19 in which a Revised Zoning Map was adopted for said City; and WHEREASr Kieran J. Kilday, as agent for the applicant, Tradewinds Deyelopment Corp., d/b/a TRADEWINDS GROUP, and the owners of the subject parcels, has heretofore filed a Petition with the City of Boynton Beach, Florida pursuant to II 'I Section 9 of Appendix A-Zoning of the Code of Ordinances, City of Boynton Beach, Florida for the purpose of rezoning certain parcels of land consisting of approximately 28.8455 acres (t) located within the municipal limits of said City, said property being more particularly described hereinafter, from R-1A (Single Family Residential District) , R-3 (Multiple-Family Dwelling District) and C-2 (Neighborhood II I Commercial District) to Planned Commercial Development; WHEREASr the City Commission entered into a Stipulation , and Settlement Agreement which was approved by Judge 1 , I I Rudnick's Order Approving Settlement Agreement on November 6, 1986, and subject to a further Order by Judge Rudnick on January 27, 1987, and subject also to a Mandate and Opinion II I I I I from the Fourth District Court of Appeal on July 22, 1988, which affirmed the trial court's Orders, and subject also to Judge Rodger's Order Granting Tradewinds Motion for Contempt on October 21, 1988, and lastly, subject to the Fourth District Court of Appeals Per Curiam Affirmation of Judge Rodger's Contempt Order on June 7, 1989, copies of which are all attached hereto, and the City Commission is, therefore, being required to comply with the aforesaid stipulation and Settlement Agreement. to WHERE~Sr the Circuit Court for the 15th Judicial Circuit on the 31st day of october, 1989, issued an order amending the City's 1986 Comprehensive Plan in conformance with above mentioned Stipulation and Settlement the Agreement. Said Order being attached hereto and incorporated herein, NOW r THEREFORE. BE IT ORD~INED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BE~CHr FLORID~: section 1. That the following described land, located in the City of Boynton Beach, Florida, to wit: See attached Exhibit "A" be and the same is herebY rezoned from R-1A (Single-Family Residential District) R-3 (Multiple-Family Dwelling District), and C-2 (Neighborhood Commercial District) to Planned Commercial Development, which use is determined to be appropriate under the circumstances agreed upon by the Ci ty in said Stipulation and Settlement Agreement and in conformity with the Comprehensive Plan of the City of Boynton Beach, Florida. , Section 2. That the aforesaid Revised zoning Map of the City shall be amended accordingly. 2 , i I Section 3. That the application of the owners 2.nd agents of the subject property for rezoning is hereby granted for the purpose of permitting the development of said land as a Planned Commercial Development (PCD) specifically with aforementioned in accordance the Stipulation and Settlement Agreement and Court Orders in Case No. 86-3661 (CL)A, all which respectively enforced the Stipulation and Settlement Agreement and found this City in contempt of court. Except as provided herein, the Applicant shall proceed to file site plans of any part or all of the PCD for review by the appropriate departments of the City government i'n accordance with the Ordinances of the City of Boynton Beach, and the site plans shall also be subj ect to review with respect to subdivision, platting, building permitting, and any or all applicable rules and regulations of any governmental entity over land having jurisdiction development and building permitting within the City of Boynton Beach. Section 4. Notwithstanding any other provisions of this Ordinance, the applicant shall be permitted to construct an additional 121,000 square feet of commercial building area over and above that permitted by the aforementioned Stipulation and Settlement Agreement. This additional square footage of commercial development shall require off-site traffic improvements identified in the October 23, 1989, Barton-Aschman Associates, Inc., traffic report, attached hereto and incorporated herein, subject to final approval or modification of said reports' findings by the City Commission on November 7, 1989. Section 5. ordinances or parts of all That ordinances in conflict herewith be and the same are hereby repealed. 3 section 6. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, or should any section of this Ordinance not become effective for any reason, such decision shall not affect the remainder of this ordinance. Section 7. Authority is hereby granted to codify said ordinance. Section 8. This ordinance shall become ,effective i~nediately upon passage. .. .. FIRST READING this 17th day of October, 1989. SECOND, FINAL READING and PASSAGE this :3/sr day of at; kv , 1989. /l/') .... // - - ,,/' /' ,/ _// . , / C,I~;' 6F' BOY~TON BE~, ~r6A //1{ f//~ ~ .' / /L/' // /., /- i-Mayor :- ~fl- Q)~ Vice Mayor ~ Commissioner ATTEST: c~t~ 'f (Corporate Seal) I 4 II EXHIBIT "A" ~ O(SCRI"IOH: T~ACT -I A rOITIO"'OF."LOC~S ,4S, SO ~HO ~I or LAK( 10YHTON [STAI(S, 'lAI 1. ACCOROI~G TO lH( PLAT TH(R[or AS ~[CORO[O IN 'LAT 100l 1 J, PA'( Sl or lH( PU'lIC R(COROS or PAlH I[ACH COUH1Y, fLORIDAL' TO'[TH(_ ~ITH A rO~TIOH OF S(CTION 19, lDWHSHIP 4S so~rH, RANG( 4) (AlIi "'Al~ B[ACH COUNTT, fLORIDA. HORE PARTICULARLY D(SCkl.(D AS TOLLOWS, . " . , (OH~("CI"G AT lH( SOUTHEAST CORN[R or SAID S[CTIO" It; TH~"C( S. Ie" OZ' 11" w.. ALOHG TH( SOUIH LIN( 'H[I[Or. A OISlANCE or 113'.11 r[(T; TH(MC( H. 01. )J' 4}. v., A DISTANCE or 115.94 F([T 10 AN INT[~S[CTION UIIW lH( NOlrH Llk( or lHAl 10.00 rOOT DRAINA'[ RI'HT-or-wAf, AS SHOWN OM THA' rLORIDA O(PAllH[HI or rRAHSFORIATIOH RIGH1-0r-WAY HAP or 1-95 (WOOl.RICHT A~(NU(t JO' HO. 9J110-2411. SH[[I 21 AHD TH[ FOINT Of .(GINNING Of THIS O[SCRIPJlOH; lH[HCE CON1INU( N. 01" ))' 0" W.. SAID 1I11[ UIH' rUllH[R O[~CRI'(O AS eo.oo r[[T W[ST or AHD ,ARALL[l WllH, IHE [ASl LINE or LOT 14. 8LeCl ~I or SAIO LAKE BOYH10N (STA1(S 'LAT ), A DISIANC( or 442.55 F([T 10 A POI"I or INI(AS[ClI011 WllH TH[ NORIH liNE Of SAID BLOCK 50; IHEMC( ~ORTHV€ST[ALf ALONG IH( ARC Of A CURVE TO 'Ht LEFT HAVING A IADIUS or 17S0.00 f([T, A C[NTRAl ANGL( OF II. 19"l'~. AN ARC DISIANCE 351.03 rE[T: TH(IlCE S. 8e. 16' I)" \I., A DISnICCE"O[ .8J.81 FEU TO A POINT or l~l[QSECIIOH WITH TH[ EASI(RLY RIGHT-Or-\l^~'I"E or TH[ LA~E WOR1H DRAINAG( OIST~I(T CANAL (.4 AS DESCRIBED IN QUITiClAIH O[EO TO-LA~[ wORIH DRAIHAb[ OISTQICT AHO RECORO[O IN OffiCIAL RECORDS BOOK 2146, PACE 176, or lH( FU~tIC R{COROS or PALH BEACH COUHIY," rLORIDA; IH(NCE S. 20" 54' 51. E., ALO~G 5AIO EAST RIGHI-Of-WAY LINEr A DIS'ANCE Of 650.68 rE[I: TH[HCE S. 00' 14' I'" w. (ONIINUING ALOHG SAID [AST RIGHI-Of-WAY LINE. A DISTANCE or 19T.~2 ftET TO A POINT or IWTERSECTIOH \11TH sAIO NORIH Llk( or WOOL.IIGKI ROAD QRAIHAG[ RIGHT-Dr-WAY; THENCE H. ~5" '45' l2. (., ALONG SAID WORIN LINE. A OISIAHC( or )10.27 fEET TO THE POINT Of BEGINNING. SAID LANDS SITUATE IN BOYHION lEACH. PALH lEACH COUN1Y, flORIDA. CONIAIHING 7.0000 ACR(S, HORE OR L[SS. ( UG,'L O[SCllIPTlOH: MTRACT 2" A PORTION or SEeTIOH 29., TO~lfSHIP 45 SOUTII, RAIICE 4J EAST, PALH DEACII COUHTY. f'LORIOA MID A PORTI(lIOf' "LM:[ 801111011 ESIATES PLAT J", AS RECORD(D IN PLAT COOK I), PAGE 5J or lHE PUBLIC RECORDS or PAlH BEACH CDUIITY, fLORIDA, AIIO BEIIIG HORE PARTICULARLY DESCRIBED AS fOLLOWS: C 0 H H ( H C I H G A I 111 E SOU TilE A S T COR lIE R 0 r 5 A IDS [ C T I Cll 2 9 , T 0 \,,/ II S HIP 4 5 SOUTH. RANGE 4) EAST; THENC( H. OlD )4' 16" W., ALOIIG THE [AST L1rl[ or SAID S[CTION 29, A DISIAIICE or 730~6<\ fE[J TOmE SOUIIIEAST CORNER OF LOT 'I, BLOCK 41 or SAID "LAKE DOYIITON ESTAIES PLAT )" AND IH( paiN' orB E G III N I N G 0 r T 1/ ISO [ S C RIP II 0 II : TlI [II C [ S. 88. 2 5' 4 4" W., A lOll G THE SOUTH LIIIE TIIEREor, A otSTAIICE or 50.00 r[[T; TIIEIlCE S. OlD )4' 16" E. AlOIIG TII[ [AST llN[ or LOT 2, BLOCK 41 AIID LOT 5 BLOCK 48, A DISTANCE or 290.00 H[J TO TIlE SOUTI/[AST CORNER or SAID lOT 5; 'IIEHCE S. R8" 25' 44M~. ALOIIG TI/( SOU111 LINE or SAJ[1 LOT 5, A OlsTAIIC[ or 50.00 r[ET; THElleE S. 01-)4' 16" E. ALONG TII( EASl LINE or LOT I, 8l0CK 48 AHO LOT 6, BLOCK 53. A OISTAIICE Of 250.98 fEEl TO AN INTERSECTION ~ITH TII[ 1I0RTII 1I1lE or TIIAT 70.00 rOOT DRAIIIAG[ RIGIlT-of-WAY AS SI/O\.lll ON TilE rLORIOA OEPARTHENT or TRAIIsrORTATICll RIGIlT-Or-\lAV HAP or 1-95 \I DOL B RIG II T A V ElIU [I J 0 0 110. 93 2 2 0 - 24 II, S II [ET II O. 2 7 : III E Il C E S. B 9" 'S 0 ' 25" 1./.. AlOIIC SAID HORTII RIGltT-Or-\lAY LINE A OISTAII([ or 452.00 rEET; TilE H C [ S . 77" 3 I' Z I" \,' . C 0 rtT I N U III G A lOll G S A I 0 II 0 R T II . R I Gill - 0 r - \.I A'f LINE A DISTAIIC[ OF 306.16 fEET; TII[IIC[ S. 85" 'IS' )2M \/". CONTIIlUIHG ALa II G S A I 0 IlQ n T II RIG II T - 0 F - ~ A Y lIl1 [ , A 0 1ST A II CEO r I 20. B 1 f[ EI '; 111 ( II C E II. 01" 3)' 47" E. AlOIIG II/E [ASI LIIIE or LOI 14, BLOCK 51 AIID LOI 14, 2), BLOCK 50 or SAI~ "LAKE 80YIIIOII ESTATES rlAT )", A DISIAIICE Of ~438.81 r[u TO A r011l1 or CURVAIUR[ Al litE. II0RrllOSI CORIHR or lOT 14 Of SAID BLOCK 50' 1Il[IIC[ 1I0RIII~ESTERU ALOIIG lIlE ARC or A CURVf TO TilE L E F'I Ii A v I rl GAR A 0 IUS 0 r I 8) 0 . 00 f[ u , ACE II T R A L M G \[ 0 r I 1" 3 n' 50", All AH OISTAIIC[ or 563.6" H[I; IIIEIIC( /I. Ol1n 26' I)" E.. A oISTANCl' or 51LOl reEl 10 A POIlII Of CURVArURE; 1I1(11CE AlOIIG TilE ARC or A CUR VEl 0 I II E RIG II T II A V III GAR A 0 IUS 0 r 1 000 . 00 r [[ T, A C (II T R A L A II G LEO r 10" 42' 04" All ARC 0151AIICE or 106.11 rEET TO A POIHT or REVERSE C.URVArUR[; IIIEIICE ALOIlr. TilE ARC or ^ CURVE TO TilE LEfI IlAVIIIG A RADIUS Of 1 000 . '0 0 r [ [ T , ACE If T Jl A L A II G L [ 0 r Ion 4 2' 04", A II A R ( 0 I 5 I A 1/ CEO r I 86. 11 f[ ET TO A PO lIlT OF T A II G E II CY ; TilE II C [ II. 00. 2 6 ' IrE., A 015TAIIC[ or 193.30 rEET TO A POIIIT or IIITERSECTIOH \11111 T!IE [AST lI11E or SAID SECTIOII Z'J; IIIEHCE S. 01" )<\' 16" E. ALOIIG SAIO (ASI liNE A OISTMICE OF 350.00 fEET TO TlI[ rOllll OF CEGIIIIIIIIG. SAID lAI/OS SITUATE III COYIITOIl BEAClI, PALH O[ACII COUIIIY, FLORIDA. C 0 lIT A IUIII G Z I . 04 5 5 A C R [ S, H 0 Il [ DR LE S S, . 5 U B J[ CT T (1 (A <; 1: H (1/ T:; A II 0 R I r.1I T S - 0 r - \J ,H 0 F P (( 0 rHJ . ~'- ---.... ..c...,"~ .'="""'7 f/III"" .. "'" IN THE CIRCUIT COURT OF THE FIFTEENTH JBDICIAL CIRCUIT OF FLORIDA, IN AND FOR PAUl BEi\CH COUNTY. CIVIL ACTION. TRADEtHNDS DEVELOPHENT CORP., a Florida corporation, CASE NO. CL-86-3661 AE Plaintiff, vs. THE CITY OF BOYNTON BEACH, a Florida Municipality ,- / '-, '~'("~JED It....- '~1.. J Qel s.u ~ erN ATtORNE\' Defendant JOSEPH MOLINA and LAKE BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC. , - Crossplaintiff, - vs. TRADEWINDS DEVELOPMENT CORP., by its agent, KERAN J. KILDAY, and THE CITY OF BOYNTON BEACH, ~ Crossdefendants. / '" STIPULATION AND ORDER BETWEEN THE PARTIES REGARDING COMPLIANCE WITH COURT ORDERS DATED OCTOBER 21, 1988, AND JANUARY 27, 1987 The parties, TRADEWINDS DEVELOPHENT CORP. and CITY OF BOYNTOll BEACH (hereinafter TRADEWINDS and CITY respectively), have entered into the following Stipulations relating, to the Court Orders dated October 21, 1988, and January 27, 1987, and have agreed to the following, which the parties respectfully request the Court to adopt and the Order which hereinafter follm.,rs: 1. TRADEWINDS and CITY agree to fully comply VIi th the Order approving stipulation and Settlement dated November 6, 1986 and Judge Rudnick's Order dated January 27, 1987. -, 2. The parties recognize that the Department of Community Affair's (DCA) review of amendments to the 1986 Comprehensive ~lan would be advisory only. 3. In order to effectuate compliance, the parties agree that bhis Court amend the 1986 Comprehensive Plan of the City of Boynton Beach nunc pro tunc so as to grandfather the "Tradewinds Project" into the 1986 Comprehensive Plan. The .,.,. TRADEtHNDS V. CITY OF BOYNTON BEACH CASE NO.: 86-3661 (CL) AE "Tradewinds Project" will therefore be deemed vested as to the Amended 1986 plan as set forth above, with all vested rights (including but not limited to those impact fees and traffic standards in effect as of November 6, 1986) as '-, contemplated in the original Order approving settlement dated November 6, 1986. 4. The CITY shall continue to proceed with due diligence to rezone the PCD, and the City shall amend its 1989 Comprehensive plan on final adoption so as to make the L language in that plan at least consistent with the 1986 Comprehensive Plan as amended by this Court. ROBERT D. ON, ESQUIRE ST.M'1S0N & CRITTON suite 30' 712 U. S. Highway One rrorth Palm Beach, FL 33408 Attorneys for THE CITY OF BOYNTON BEACH October3/ , .1989 Dated PERRY, 1665 Palm Beach Suite 1000 West Palm Beach, FL 33401 Attorneys for TRADEWINDS DEVELOPMENT CORP. AND STEPHEN N. ZACK, ESQUIRE ROBERT C. LEVINE, ESQUIRE Courthouse Center - 26th Floor 175 N.W. First Avenue Miami, FL 33128-1817 Attorneys for TRADEWINDS DEVELOPMENT CORP. ORDER ON STIPULATION THIS CASE carne before the Court on the above Stipulation dated October , 1989, and having heard argument of. counsel and being fully advised, it is hereby ORDER and ADJUDGED as follows: 1. The Stipulation is hereby adopted and incorporated into this , Order in its entirety. 2 ,L1I,~T: ...rr:...""""",:;',),~,,,,~~'X'~- .;;...... ..I TRADEtHNDS V. CITY OF BOYN'l'ON BEACH CASE NO.: 86-3661 (CL) AE 2. The 1986 Comprehensive Plan of the CITY OF BOYNTON BEACH is hereby amended as of November 6, 1986 nunc pro tunc so as to include and grandfather in the TRADE~HNDS project. The TRADEWINDS Project is deemed to be fully vested as of "-, November 6, 1986 with all rights as of November 6, 1986, including, but not limited to, those impact fees and traffic standards applicable on November 6, 1986, so as to comply with the Order approving settlement dated November 6, 1986. 3. The parties are directed to comply with all terms and condi tions set forth in this stipulation and adopted into this Order and set forth in prior orders and stipulations, except for any DCA review. 4. The Court retains jurisdiction of this cause for such further orders as may be required. this DONE and ORDERED in chambers in West Palm Beach, Florida I day of 1989. ':_;'.~I.~I_.. HI,_ , _l . ., . ;: I' d1 RCU~~?~l:.q:~~q~ ',', _!.j..J . - .... '. . . ,; ~ , ( , "'" # 3 TR1\DE\HNDS V. CITY OF BOYNTON BEACH C^SE NO.: 86-3661 (CL) AE SERVICE LIST Tradewinds v. city of Boynton Beach Case No. 86-3661 (CL) A "-, Raymond Rea, Esq., city Atty. City of Boynton Beach P. O. Box 310 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 stephen N. Zack, Esq. Robert C. Levine, Esq. CourtHouse Center - 26th Floor 175 N.W. First Avenue Miami, FL 33128-1817 .. F. Martin Perry, Esq. 1665 Palm Beach Lakes Blvd. suite 1000 West Palm Beach, FL 33401 r., John Beranek, Esq. 501 South Flagler Drive, suite 503 West Palm Beach, FL 33401 Terrell K. Arline, Esq. Prosperity Gardens - suite 204 11380 Prosperity Farms Road Palm Beach Gardens, FL 33410 Joe Reiter, Esquire Northbridge Centre - 10th Floor 515 N. Flagler Drive West Palm Beach, FL 33401 ':1". tri,' c.P..o.. ~ 'i3lJ1'Z.h1ntV I <;....0 7("2... uS iJ.-vl *1 ~l'k "300 )) Ph, 1-<. 3-:.40B " , 4 .-' ...~ \.. . III rfl~ Ll "':'" LUUfH W- 1111 l~rH JULJICll\ Clf1CUl r, IN l,rJ/J Fon PALM BEACH CUUNTY, I- LUll I ul4 .1 CASE NO: 8~-Sbb1 (CL) A , ;, ~LUAIOR &AR NO: 005419 TR~UEWINOS DE~ELUPM~NT~ com-'OHAT J ON, bOy 1 t g ..glPr.t, Kt:::RAN J. KILDAV, PI~lir.t i t'f, .. .. V'3: TH~ CITy OF 80VNTON DEACH, Defer.dar.t. ------------------------------ I 5 r U:'ULAT (ON nND S(;;TTLEMENT AGREEMENT TRAOEWINDS DEV~LOPMENT CORPORATION .and THE CITY OF E40fNIUI'I Bl:':ACH, by ar.d th'-':".JOh their undertdgn.d .tto.-neys, "ft.r 5et.t 1 ""I'tl...r.t "ppre.v.:\1 by th. City C,:-ur'lci 1 of lH~ CITY OF DOYN'rON ~ . . l:al::ACH, h~,-.by ~t lp'.Jlatu .:\r.d Ag,-a. .. follow.z 1 . TRADEWINDS DEVELOPMENT. CORPOnnTION, (herv 1 r.A f t 11"- ,o~ fe",oed to as "TRADEWINDS") i. the develope," .jt' A pA,-cel .:.f pr.:.pet-ty 1,:,cAted in tho ~ity"of Boynton BeAch, Fle.rid... -. ..:.. In J ..r.'.J~'-y, 198G, TRAOEWINDS subMitted ~n ~ppl1CC\t.l':'I'. t.:. tho CITY Or- L.OYNTON BEACH (he,'cur.After refer,oed t.:. ~s tne "CITY") to ,'.,:':>....... p..,-col of p,-oplitrty t'rc"I.1 H-IA (iilt'tn1o f.;l',lI 1 y .'es,ldent lAI) And H-3 (Multl-rAMily re~iden~i..IJ t .:' i\ PI.H,r,eu Ur".l t Oevel op,.lI.nt. This applicAtion And property 5h~11 b~ ,'W'ftrt','ed t.:. he-t'Olr. .as th., "W.:..:-lbright PIAc" P.U.D. ". 3. . Or. M.at'ch 18, 190~, tho CITY denied TRAD~WINOS e'\ppllCc'\t 1':'r. t.:. '-9::e'I'.9 the "W.:.olb,-ight Plollc~ P. U. D. ". 4. As a resylt of th~ City'. d8ni.al, TRAOEWINUS filed c:\ C.:.r.,pl.,ur.t '.:.t- W'-lt .:.f Ce,otl-=:.,-ari ..gAir.st thlf CITY .:.n Aploil 1'1, 138C wnl~h is the sYbJect Matter of thi. stipulAtion. :5 . I 1'. "d d 1 t 1 e. r., .:. nAp r ill, 1 <3 a G, T R A 0 E LoJ I N D 5 IIHI b ,.1 i t t to" ci e\r, e\ppllC""t 1.:..n t.;. the CITY t.j rez'::lna A pat'eftl .:..f prop.,..ty f,":"11 H- lH I to I r.l] 1 [7 f c'\ /Ill 1 Y t' U '- 1 d L''', t 1 C\ 1 ) , R-3 (Mylti-f~Ml1y rV.ld.r.tl~ll ...r..., L-.;. S r,e llJl"\b,:,,'h.;..~.d C';'Io'/llC"C' 1..1 ) t .:. .a ~. 1 a 1'.1'." d c,:",u,'~"C 1 C\ 1 DevE' l':'~"ler,t u:.. C. D. ) . ThIS pt'.:,pe,.ty ,,,',d appllcC\tl.:.r.'iihC\ll bu ,'C'f.?r"'l:.J t.:. as tht:' "W.;>.:.l bt'lght C~r.te'o 1='. C. D. ". EXHIDIT "A" " . f:.,. " 'lfy this ., ~ ~ 1 J c'" tiC' 1"" I T HHl.n:w 1 NUS A l !:a'':' r.':".lyll t ..' . ':.. chcH'4L' 1r, the C1ty'"" C':",I'II"E.'I'l,",r"':'lVIP l"Y'ld 'Hill pl..n. 7. Thff W.:..:.lb'"l ~tlt C","r,tQr P. C. U. appl.lc.at.lc.n p,-og,-essed ( t h " ':",1 g" , t:htl Pl..r,r'lnQ ar:d l..:.r'1ng C.:.n"f1i".lon" i:lr.d the v.&ri':"Ja b.:.."lI"U '.' " c.:. 1", sid IP r .. t: 1 C.....,. nac.. to to a '-y ynd_r th. City'. ord i Y',"Y',C.. Thli" ". W.:>.:.lb,.lgtlt C.r,t..,- P.C.D. ~ppllc.ti.:'n w". .....r.tIJoAlly .ch.d'Jled t'.:.r fu',C\! C':'r',slder.at 1':'1", b..f.:.,-e thlf City COl.,nci I e.n July 14,- 1'386. 6 . A t t h eo c.:. r, c 1 "J" i c. r, .:. f t h. h.. .. r i n g .:. n J 'J I y 1 4 , 1 'J 0 6 , ~ the. City Coyncil voted to poatpon. .nd t.bl. consid.r.tion of the W.:..:.lb'-lght Cer,te,- P.C.D. .&pplic.ation uY',tll th. litigati.;,n uf the ~ W.:..:.)b'-lght ~'l."c.. P.U.D. .-ppllcation w.. t.....nur'..t.d. 9. Subsequent th......to, on Sept.Mber 3, 1986, the Clty ,"e) P.C t LId a c'='f,'p,-eheY'.sive ~lPtt h~If1.r.t c.ffer tn.-de by TRADEWINDS te. th" C I t y. TRADEWINDS t......t.d the rej.ction of it. ..ttlvMun~ .:.f f e,- by th. City Council.. a ~.nial of the WoolbrlQht CRY',t If" '. P.C.D. ~pplic..tlon And o~ SepteMber 1~, 19BG, TRADEWINOS f~led .an ~d d 1 t 1':'''''' 1 ""....it of CertiorAri in this .c~ion to includ. th~ de"dal .:.r the "".:..:.lbt'inht Cc,..ter. p.e.D. ..ppl ieat ior.. On Oct,:.be," 7, '1'~dc., the CITY .again con~ider.d the p.e.D. .-pp 11 c.a t i or. ar,d v~t~~ 3 t~ a to deny it. 1 (I. Sub..q'..e",t t h..t-.t 0, on Octob.r ~O, 1 r~uc., TRADEWINDS, by ..nd t ht":"Jgh it. .at to,or..y, aubflli ~ t.d . Iii co:,','p,...hlPr.s i v. ..t t 1.",....,t pro:.po..l to th. city ..ttlinn All ",.a t t: 9'. S 1r. c':'Y'ltt-c.....rsy .ar,d litigation b.t......Y'. tho City aY'.d T RAOEW I NOS. The 1U~t t 1 e',"lY'.t pt-.jp.j".al WA. cant.& i n.d in a lette,- d.ated A,.. g '.1 S t .:: ,) , 1'38E. frof" F. Mart i n Perry, at to'-Y'ley f .:a ,- T FcI~lJL.~ I NOS DEVELO~'MENT .CORPORAT ION, to Ki....k FriedlAnd, 6peclC\1 C 1 t Y at t .:.'"r,ey to THE CITY OF BOYNTON BEACH. A copy of s~ld JEd.tE:.-'" a l.:.r.g wlth the enel.:..u...... th.,-ot.:. is .att.ched he'-fit.:. ~~ Exh lln t "A" and IS spec1 flCAlly inC'='t-p.:.r.ated he'"elr, by '"lIlfo,oencu. 11. 0,-. .:.,- ab-:.ut Oct':'~(Jr 21, 1'38E., thll City C-:..uncll .:.f TH~ CIl'V OF 80VNTON (,EACH hQld.a '-.,gl.Il..,.-ly -..chedl.J1lPd "uretir..g olt ...h 1 ch t 1M€.' 1 t C':.r'.S 1 de'"ed the oot t lo,.ulnt p,.-:.p.:,sal. , 1 :. -. Ht lhc'\t t 1 hI e, ~ Motion waa M~da to accapt tha ~et t Jt?-ltll>r.t p";:'J.J.:.sa) L'S !..L.'l f.:.,"th In the Oct,=.be," 2(', l'3iJG 1 c. t t r.'.o cll.:.r".!} With tht.' -'ddltl'~'r"...d "~cp.I1t"et"l!trlt th..'t thl.' two;. ':".,t-p~r"t:t:l~ lH: lr.cl',oed lr. lh~ W.:..:.lbl'JDfd Lt'r.tur' p.e.D. _"r,d thc.lt th...y be lU'IJtE'cl ;;: ---- \ , r .:. I' I,' So. by A UA ,.,1- 1 . 1 r.. t 1 t u t 1 V n ",r,d i' -llty lU t U .:' \01 '. . . ,-est ~I.I,"arlt. F'.lr-thlitr-,. thw '.I~e of the out p."e~lle t.:.t' .. f.a,.t f.:..:..j '" liP ,. t C\'.1 ,- a r. t Wi th drlvq-ln windows wa. r, liP)(p"Il~..ly pr-.:,h lU 1 t ecJ. A t ,'.ar,"C'-l pt ,:.t thft P",,"t of the meatlny dealir.g with t tI It ,." t t 1 ..hI. r. t P'"O p'=...al IS ..ttach.d hereto as f:.)(hlblt "0" .And 110 ,. pile i t'l call y 1 nCOI"p':'ra t ed her-a 1 n by re f.runc". 13. " Th9 City Council by .. 3 to 2 v~t. accepted th,. set t 1 e"ler.t propo5al as sat forth in the October ~O, 1'38€. l.tt.r' t ,. ':'''' Tk~DE~INDS ..lorlQ WI th the Addit ic.nal ,"vquu-er"e,.,t" th~t th~' t w.:. ':".1 t - P" ,- c. 1 ~ be included in the P.C.D. .and that th.y b(' 1 I '111 t liP d for u.e by A b.anklng lnstltution .and .. quali~y sit d.jwr, ,-. ~ t ~ 1.1 t" .. ,.. t . Fl.Jrth~r, thu us. ~f tho out pArcel. tor .. '.~t '~od ,-~~t~lI..1t'ar,t With drive-ire wi....dc.w. wa. .)(p.-....ly pt"r:.hibited. 14. The M,:.t i~n by the City Council to acc.pt tn&> !>Rt t 1 e,.,er,t pt'.;.p.:.sa 1 C\.1 r.'r"lg wi t'h the additic.y.al t"equ 1 r..'.'....:t. 5Elt t 1 e,.,.rlt. the two out-p.r~.l. WAS 1n ....nc. a counterofFer of The t,wrll. c.f .aid count.roft.,.. we.~. _Hpr...ly ag,"ewd c.:.rlc.,-ni ng t~ a~d accepted by TRAO~WINOS~through ~ts coYn~gl at the October '::1, 13B€. r,leRtl""g 0'16 evidenc'wd by the tr......crlpt c.t' ...id hle~ti....g. 15. Aa such, TRADEWINDS and the CITY hereby ACC..pt and '"'g,"ear to the t.rws ~f the letter d.atad October 20, 19DG fro:.rn F. ,,,,,,,' t 1 r. ~'e'-"y t.j Kirk I-'t-l ed 1 and, attached her.to an ~)(hiblt itA" , a~ aMended by the Motl~n. 1&. TRADEWINDS .~d th. CITY hnreby accept .and .pprov~ the w,",st&r pl~~ attach.d to th~ Above r.ferr.d 1 et t e," .ar'.d ide 1', t i f i It d ti\5 th..t certain m.ster plan prepared by Kilday .nd Ass.:.c 1 clt ~s bea," i r.a dt'.w i ng r".Imbflr. a~-.34, l.ast roviG.d on October 1'3, 13tH:,. 17. TRADE~INDS sh...ll be required ar.d ag'"res to lr.cl'.lde 1r. th~ W.:..;:.lb'"q)ht Cer,te," ~'.C.O. " tha tw.::> o'.&t-pa,"ctill. .arid to:. 1 iflll t thE-l" I,l~e f.:." a barl~l""Y ir,.titr.ltic.y, ..rid A Sit d.:.w.... qllti\ 1 1 t Y " t::t . t .;\'J" ol r, t . I: 1,1t't hCH', th" '.IS. of the Ol.lt p""'CU 1. ,.:.," ..' tc1t.t f.;..;.d r't:?st"",II'ar,t With d'-lve"lr. w1r,d.:.w,. i. hVt-uby ll>4pt,.,s91y pt"c'h1bltecl. JB. F.:.," p'.lt.p.;....t1S .:., Cl,U"lflcatltJrt ..H.d c.:.r,vur.ler,CL', Lhe t e,'ltlS set f.:.,"th 11"', th~ Oet.:.bet" 2(', 1 '3Dt:. 1 et t e," fri"A.l F. M~,,-t 1 r. ~'C""'y ,'u I 1- 1 .',' r,l ,'. -,' \ t!d ~'l"'lfl, ~,r,d ..'C]I"---ed t.:. her'e 1 "", ~"e C\~ f.:.ll.:.wo:.: 3 ~~ . IL l'lf I LI I r ~'L?ILl ~'. L. I.J. : . /1 IJ "I .. ~ L L' I . 'J l .'" . . . . . ~tt~r.hC'll tlL'I.t:'t.:. ~'H,d ClPP,".:.vetJ by the pat'tl." t'liltlecta: A t.:.tal .:,t 520 dw~ll1r,g unit.!i lc.cated .:.1". 1. 85..:.d71S .c,".s which ~Qpate. to . gro.. den.ity .of 6.00 dw~llit"lQ ur,l t ~ P"" .ac,'.. .::.. A d.t.ched .ingl& family housing tract c.::.ns 1 st I f".g ':. f 70 5ingle family dwelling un it 5, . ..and pi f".e e. p " Ro s e '" V C\ t 1 .:. 1". ,,\r'ea arid a 3. 76 aCt'e c.pen space' pa5. i ve reCt'.A t i .:.n a,"hll w,'appad "u":".ll"'.d that p.:.t't ivn of L.~.e _Boynt'Jn E.tAtos wh lch b.:.,'ders the I"'..:~t'th pt',,=.p~t'ty 111"'.. of Tr&d.windtie 3. A 4.S Acr. lak_, single f.hlil~ hOftl.., a~d -' !>C\r.d plY.. pt,.,.et'vAt i.:.", Mt'&a a. wel'l .. . 50 foc.t be,.rned, foy.c.d b'.l" t R" a,'". bet ween Pa 1 r.1 f1.ach L. i s'.trev i lle H.j01eU 1 y 1 n~ ad.} ..c....,t t.:. the S. W. 8th Str..t right-of-way and Tr..dewinda propos.d '.1 r. I t ~ . .. I 4. ]he r.configur.ation of S.W. 8th Str.vt to C"L*.lto a T 1 r'lte,'.ec:t 1':'''' Within the P.U. D. ~. Th. MUlti-faMily houaing, which will bll 1 \ "11 t ~d t.:. tw.:. al"ld tll,'ee -.;t.:."y c.:.ndominiunts, is 9Yb5t~~~lal1y 13ep:"".."t ed by ~1~glR faMIly hOM.. frOM the .i~gle f~Mily howe. 1~ LelS'.u'evl11e and LaJ4.. &.:.yr,t.:.n E.t.t..e B. INDUSTRIAL ACCESS ROAD AND NEW RAILWAY CROSSING: The irlduat,'ial oOlCCt'f'. ,'.:.ad arid new r.ailwAY c,..jasirlg sh", 11 tie Ivc~t.d .a5 "ecor,lm.rlded by Tradllwlnda tr..rfl:::" c.:. r-,... '.1 J t ill r, t .. t M 1.1",'. y- D'.Id 1llC: k .nd A. .oc: i a t ft. .ar,d a.,'t .:)n-A.chr,'..l1"'1 & Aw.S';'Cl.tO_t "'5 reflect.d on tho .attached MAstor pl.an. The "C\ 1 I ,'.:. a d C,'':'5S i I"'lg at OCQ"~ Oriv. shall be closad. TRADEWINOS shall Withdraw Its obJectio~s to Mrs. Winch&ut.r'a cOMpr~h~n~lv~ pi",,... "'hler,d',I",r,t ..'ppl icat i.:.r'. tt:." thv rOAd And the c"o5sing. C. WOOLBRIGHT CENTER P.C.D. % TherlP ahall be '" . t.:.t..'l .:.f J'~'3t')(") s'=l'.la,'e feet c.:.n\li'lting e.f 173,1)01) squ.ar. feet .:,f ,'l.'l c\ 1 J ar,d 21S, ')1)') sQ'.'c""9 (e~t -=.., O(flCfII p.llrk. Th i.. t'ep,'p.&CH,t!'. 1 ';)'J, ':".1.) 5 q".a,' e f e v t .:. I' P. C. D. .jn ':':'3. E.4 .Ct'RS which 8q'J.tlJ~ t .:. 1 S, 4-' !> 1 t ~ co:.vc,.t''''ge, , ( D. COND1TIDNS OF AP~ROVAL OF ~.C.D. ~~d P.U.D.: 1 . ,'nAOEwINDS .h.ll be b':"Jr.d .:.nly by thEf 50 ~. ~I~r, Sl'"C:-lol c...:.,",Ol(J..,. Hlr,]lhi.'Y R",q'.ll,'phlents, Fal" Shi\"e Ih.p-,ct 4 ':~ \ . ,. --' ~ ~ ... to' .,. arid C.:.rlcl'J51':'I',~ c;.(.t "":,,.th'c.n p.ge. 2:..-2H lr,cll.J.1V~ .:.f th~ Tr'o\ I' flC Irllp..ct J-lrt.aly~lS kep.:.,'t 'In th~ 'jv.rillll l-J.,).:olb"IQht H.jcld 5, W, 8th Str...t J:'I"':')Elcts p"ep~t'.,d or. Ap'"ll 1, 1986 by D.n1.1 N. M '.11' '".. Y t P. E.... 4ncJ ~(l .:.th.,' applicAbl. .:.,'dll"',.ar.ce>> of the c.:i~y .:.r '. e.':')o',..t.:.r. ~.l\ch ,'.ll\tirlg t.:. the d."e1c'p,n.y.t c., the .lte. ;::. Thia atipulAtion .and .ettleme.t Ag"~'l"IIU.lt shC\l be subject o~ly t~ the condition. in the MurrAy-Dudvck ,'ep':'I't as de,.ct' i bed he"1if i r't .nd All other .pplICAbl. C/t'dino1rlcel\ ~f thlif City for dlifvliflop~&nt of the .it.. In this l..tt.r """p~ct, T,'adeWIYlds Ackn.:.w led gt!!'5 th.t the City c~nnot bind Pal'I' Beach c.:.I.lrlty .as to:I Ita F.air' Sha"e Traffic I,npact Fe. O,"'dinarlc. .rld th~t T,'~t.Jp.w 1 r.d~ sha 11 be '5Yh)ect to th~ Coynty's lMpl.M.nt.tlon or t h c'\ t .:.,"d ll".,al".ce. L 3. The>> City agr.e. to auppleMent &1r.tJ/.:.,. "',Ic,,d t h9 C It y' & C':"llp,'ahens i vv Plan A,.lendfl,.nt Ii &ll"ld .val U03 t l.jl', "U'I,j a p p " .. I .... 1 repOt't which h.ve ,'. b.en ..nt to '. \ the Dep.art",erlt .:.f C';"o1tlllJr.l t Y Aff..it's with appropri.atllt docufl1wnt.-tion to reflect th~ ~gr~e"'ent5 conteMpl..ted harvin. '. 4. To th.. eHtent thAt ordinAnce. May blP I"Qq 1.11,'ftd to iMplQMent &1ny of th... .actions, the City .~p'lPlifn t ':' p r' e p a r"t!' a rid .adopt ..ny and .all ordinance. n~ce.aary to iMplrMent the ter',.,g .:.f thl. settle",ent. E. The part i.. agree to ...k An Order frOM tho C':"II"t c.:.nf'lr"'lirIQ .and .'.tifying thct 4Qt'eGment. Th. Cou,"'t '5h. 1 1 ,"... tal n Jurisdictlon over this M.~ter and thQ partiR. to i r,. u " ... that b.:.th par"tie'.:5 adhfH'1I t'J th.'torfll. of thi.. "t i P '.I 1 .a t i.:. \"'1 ar",d settleMent ~grRRwent. F. Tr"..deWI nds .agr.es thAt 1 t wl11, '" 1 . Re i mbu.'s. thr::r City for .aI"'Y arid a'll C\ t t ,:.,' r,r:.-y '5 (Res and exppn~e. It haD incurr~d In conjunctlon with thF:' per,cJ1l"lg litig.:,t1':.n-wlthir, tan (II)) d.y~ of tha t'lifceipt .:.f an lr",v':'lCE." s'.lbseq...f:tr,t t,:, the -"PI"'':'v" 1 of th. P. U. D. a6 c,=.nt ~r.lp 1.., t ~d h C' r '~ I "'. , .::. De11vRt'."\ full ..rid ce",'pletEl ,'.,leasR f'"':'1I1 T"cH1e"'1 rids, Its .:. f f 1 Ct.-""S, d 1.'ect ':"'5, s t .=,c ~ h.:. 1 dOl" S, ehlp l':'ycl~'3 C\ ,..CJ /.:.,' ilger.ts ar.d ,.t.'pl't::-~L.,.l""tlVr:.-B as te, .ar.y ",rod ,,'\11 C'oC t 1':'''' ~ .:..... C" .J 'f' .',..-- ". ........ .:. t . c\ "" 01 1 .:. n which \ t .:.,.. t h'Y hlAY .J"" AgAlnst lhu LIt Y t t rr Cl ~l'" ",;,.,'pl._"y.""", con1Sultar.ts. and/':"" "'qll',.,t~ .nd /.:.,' "\1'1)' .:. 1 5 ,:.' 1 c.'~, - -~ ,.,.. 1, ~ 1 rq) Oyt of the P.U.D. / C\ P P 1 1 C "t i c. n >> . Thi,. &h.ll be delive,-ecJ ( . t .:. t h ~ Caty 'Jp.:.r. T,"aq~wlrldg, t'ecRipt e.f th'=f ,"eq!.l i sit R 4iI )(ec'.d: ed ~ .:.,"d ll".ar,ces o:,.f APP,",:.v.l' and .it. pl.arJ .a pp,4Cov..l i 1'. ee.rl f .::.r,., it Y tler-ew 1 th. Thv t" e 111 a s e '3 _h~11 b.. hRld i YI .scr.~w by the ','l"ld 'l r'S 1 g rled -'rId d'll iVR,'ed t,:, tha City ir. aCCCI,'dar,C'R wl th .' thIS pt".:.", 1 S 1 ':'1",. A P,",:,p'JBed t.:.'-"l 1\S ..ttAched h.,'.to a,. t::Hhlbit "C". ~. DIil'I iv.,' .. full and c'="'lplvtv ,4.,1....5U f14':'h1 T,'",d cw 1 rid ':i, i t!3 ojff ice,"s, d i ,'we t c. t' 11 , s t I:>ckh..:.l de,".: "'liP l':IY'Jt!~ .. r.d I.:." .agorlt. ..rid ,'.p".,".1",t at i v.. ,,~ te, oarlY .r,d .a 11 .act i onli .:.," C A '.1 5 e ',;i .j f .act i ':.1". wh 1 ch it 0" th.y m.y h.av. .g.a i nat the Cl ty i'l",cJ/.:.,' ,",rlY .:., It!i .:.fficlC\ls, 9rnple.y..s, cClr.~5'.&lta1".ts .r.d/.:,r- ager.tr. c. &\,", S I rlq ':''.It p, C. D. .appl1C..t i,jns. Thia ahoall b. d.llvered to the Clty '.lp.:.r, r,...dllwir,ds "VC~lpt CI' th. r.qui.lt. tlM.e'Ated or-dlr.~rlce" '. .:. r .., ~pt'.:.v ~ 1 arid sit. pI oar. oft ppt";:'VA 1 in con '.;:,rh1 it y h.'....w 1 t h. Th_ (~: . . by th~'und.~.igned And del i vet'ed ,'~le&'l'!tE' shoall b. held 1 1'" .ac,'c.w t .:. the City in acc.:wd.ar.cR with this p,'ovisi.:,n. A pr.jpcls.d f.:. ",.1 1 S c:'\ t t c:'\ C h e d h ~ r e t .:. C\ s E )( h I b is:'' D .. . G. The .approvals cont.Mpl.t.d her.in Aa to the C~~p,"ehe~~lve Pl..n AMondwent And the p.e.D. ahAll b. subject ~nly t.:. tha sl.lcc.s,.(t.11 ,'"vIew .;.,f' .th. Co,.,preh.nsiviIP PlAn Amendll\.r.ta by t h,", DC? pin' t 'I,en t .j' C':'fllh1I.l1".l t Y Aft'. it's. ''.It-~ F'rllldlAr.d, Esq'.Ilre Att.:.,"r..y "oJ" O.f.rld.ar.t, In. CIty of Boynton 8eoach Flc\glvr' Car-,t.t', S'.llt.. ~('5 5('1 S';".lth Flagle,' o,..lve . Wvst ~alM 81l~Ch, ~L 33401 F. M.rtin P~rry & Assoc. 9 P.A. Co-Coun..l for Plaint1tr, Tradewinds o.v.lopM.nt Corp. ~1~ North Flagler Or1v. Suit. 701, Nc.,'thb,"idge C.I".t,,~ W.st P~lM ~e~ch, FL 33401 i;v :\ ~ LY;~L~_f i~\\?:~-=-L_ ~lHK FRIEDLAND,~SQUlf(\:::: and '" , K1Rin & &er~nQ~, P.A. Att':I,'rlluys (.:.,. ~'laintiff, T,...ad "w i nd ~ Dev" l':'Plllen t C.:.," p. Flaglar Cent",.., Suit. 503 ~1)1 S.:.uth F 1 ~g 1 e,' 0"1 ve W.,t p..lm B~~ch, FL 33401 &y &LLJ)~~l1Nl~L_ tOHN llERANEK, c..!:iUUIHE [ - f" -~ \ ~. ) ( TRADEWINDS DEVELOPMENT I CDRPORRTION. by it. .agent, KERAN .1. KIl.DA.Y, .' ./ IN THE ~IRCUIT COURT OF THE l:5TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA ( CL ) A -Z- CA6E NO. 86-3661 ~ ~ "" -. Pl.aintif', .... " - '-Vc ~~r; :7. r.':''::: ..,~~ "'--C:J -... .,3"-.- - ':' c:;:, , r: .:::- ~.' -:1..= ;;:. . -, r- .i':"')n, ~~ -. -. v.. ORDER APPROVING SETTLEMENT AGREEMENT co AAJ '-J ~ - ; c::; ..1D7 -.... THE CITY OF BOYNTON BEACH, -. . Defend.ant. , I ------------------------------ THIS CAUSE c.aMe on to be heard on th. Joint Motion for Order Approving Settlem.nt Agre.ment fil.d by TRADEWINDS DEVELO~MENT CORPORATION and THE CITY OF BOYNTON BEACH, and .fter c.::>nside,-ing ..aid Motion, the Stipulation and Settlement Agr..erll.n..t filed herein, .and the p.arti.. ha~ing agreed hereto, it i. . ORDERED .and AD.1UDGED, 1. That the Settlement Agreem.nt entered into betw..~ the ~. 1 .. i n t iff, TRADEWINDS DEVELOPMENT CORPORATION, and the De fend.aYlt, THE CITY OF 80YNTON 8EACH, i. hereby .approved, confirn,.d and r.at i fi.d. A copy of th. Stipulation and Settlement Agr.ertl.nt i. attach.d hereto .. EHhiblt "1" .and is specific.al1y incorpor.ated in this Order by reference. 2. The Pl.i~tiff. TRADEWINDS DEVELOPMENT CORPORATION, .and the Defend.ant, THE CITY OF BOYNTON 8EACH, are her_by order~d to comply with the S.ttlem.nt Agr..ment. 3. This Court retain. jurisdiction of the~R proc~edings .nd the p.artia. to .nforc. the torms of the Settlement Agr..ment. CIRCUIT 1 gaG. Florid. DONE .and ORDERED .t ~ft.t PalM B .ch, thiS _~~~d.ay of ___1~ ___ ___I .. w..a4 Copies furniwhed:. KIrk Frl.dl~nd, EsquirR 5(11 S':>'Jth Flagle,. Drlv~ S'.J\te ~U5, Fl.agler C~rltc.',' ~~st ~alM BeaCh, FL 3~401 F. Martin Pwrry & ASSoclate~ e '" ' ~l~ North Flagler DrlVR 5~\tu 701, Northbr\dy~ C~ntr. Weat ~alm B..ach. FL 334Vl . .John BC....oill".vk. Kl.i.n & Berane 501 South Fl~Q vr Drive SUite 503, FI~gler Center W.at p.;drn BRaCh, FL .3.34ul P. A. d-~~~' EXHIBIT "B" .... ." '. ;;-:-- ( . ,. IN TIlE CIRCUIT COURT Of THI:: FIFTEENTlI JlJDICIAL CIKcun OF FLORIDA. IN ANU Fl)K PAUl HEACII COUNTY. CASE NO. 86-3661 (CL) A .... TRADE~lNUS DEVELOPMENT CORP.. by its agent. KIERAN J. KILDAY. ~ Plaintiff. vs. THE CITY OF BOYNTON BEACH. Defendant. I c ORDER Thi8 cause came on for consideration upon the Petitioner's Motion to Compel Compliance with Settlement Agreement and the Court considering the ~ evidence adduced, hearing argument of counsel and being fully advised in the premises and noting that th~ Instant proceedings have not been atayed although there i8 presently an appeal pending in th_. Fourth, Di~trict Court of AppHsI. it 18 thereupon r CONSIDERED. ORDERED AND ADJUDGED that the Court grants the Motion to , ~ Compel Comrllanc~ with S~ttlement Agre.ment m8d~ by the Petitioners. The Defendant City shall proceed with the re-zoning process pursuant to the Stipulation of the parties and shall adopt ordinances relative to the Planned Unit Develop~nt in conformity with the Settlement Agr~ement. The ordinances shall be scheduled for reading as required by City Charter forthwith. The City of Boynton Beach shall file the Comprehensive Plan Amendment regarding thv relevant portion of thw Planned Commercial Devvlopment no later than thirtr (30) days from the date of this Order utillzina the documentation the Petltiun~r provides within that time period. The Court notes that the Department of Community Affairs may have its own demands which. if not complied with. may "'- prohibit the Defendant City from proceeding to ultimate conclusion in its re-zoning process. Should the Department of Community Affairs indicate its approval of the Comprehel1siv~ Plan Amendment. the City shall then adopt ordinances relative to the Planned Commercial Dev~Iopmenr in conformity with th~ S~t~lem~nt Agreement. The ordinances shall be scheduled for readin~ as ( h:quir~d h)' thl: Cil)' t:I..lIh..1' .ll th~t tim". Ea~,J ,.n lh. Sl.tt]t:::.,f1l 1"l:rl.~I:"nl. to r~quir~ Plaintiff to submit to new hearings and nc~ votinG procedures al'l'rl'\'in~ lhl :JPI.jil'llJ,',,~, \,:I.1('h "",-,fl' thl.' Suh.\I.'l"t ,.f lhl' Sl'ltJ-:nll'l1l Ar,,'~'nll'\ll wl1uld nnutr it ml'&!ningl~ss. Thl' City fihlJll, thl'rL'{C'fc. comply fonh".1th \lilh EXHIBIT "e" .\ ~~~ .... ( I ,. all 'remainins.. terms of th., Settlemllnt Agr.ement. DONE AND ORDERED at West Palm B..ch, Palm Beach County, Florida, thi. J7 ~ day of , 1987. ~nu.9(fl1. ID. ~{ubntch CIJ<CUIT JUDGE Copie. furnished: . Kirk Friedland, Esq., 501 S. Flagler Drive, Suite 505, W..t Palm Beach, Fl. 33401 F. Hartin Perry, Esq., 515 N. Flagler Drive, Suite 701, Weat Palm. B.ach. Fl. 33461 John Beranek, Eaq., 501 S. Flaalar Drive, Suite 503, W..t Palm Beach, Fl. 33401 .. Terrell K. Arline, Esq., 325 Clemati. Street, Suite B, W.at Palm Beach. Fl. 33401 . Louis L. Williams, Esq., P~ O. Box 3887, Weat Palm Beach, Fl. 33402 (.... / -"- ,. --- IN TilE DISTRICT COUR'r OF APPEAL OF 'rHE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 1989 Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NOT FINAL UNTIL TIME hXYlRES TO FILE REHE.ARING MonON I.ND. IF FILED. DISPOSED OPe CITY OF BOYNTON BEACH, a Florida municipality, JOSEPH MOLINA and LAKE BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC., Appellants, v. CASE NOS. 88-3097 and 89-0503. TRADEWINDS DEVELOPMENT CORP., a Florida corp., t', Decision filed June 7, 1989 Consolidated appeals of a non- final order from the Circuit Court for Palm Beach County; Edward Rodgers, Judge. -.. Fred W. Mattlin, Gregg W. McClosky and David M. Beckerman of Mattlin, McClosky & North, Boca Raton, for Appellant-City of Boynton Beach. Terrell K. Arline of Terrell K. Arline, P.A., Palm Beach Gardens, for Appellants-Joseph Molina and Lake Boynton Estates Homeowners Association, Inc. Stephen N. Zack of Floyd Pearson Richman Greer Weil Zack & Brumbaugh, P.A., Miami, F. Martin Perry, West Palm Beach, and John Beranek of Klein, Beranek & Walsh, P.A., West Palm Beach, for appellee. "'" .,...,-' .;,:,\ , .. fJ!fW . ." .Ii' " ':.' 1'.;'i1t '~l-/'-- \) -. it.. ~(~ ,,\\...~...-. "W ( ~ I . PER CURIAM. AFFIRMED. (..., 'L '" HERSEY, C.J., GLICKSTEIN and DELL, JJ., concur. -2- f' \ LO~A-rION MP_rJ TRADEWINDS 'REZONING REC o 1/8 1/4 MILES '0 400. 800 t, MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Clty Attorney Cherof read proposed by caption only: Resolution No. .:O-E~~~~ f I , I i ! , .~ RESOLUTION OF E CITY COMMISSION F THE CITY OF BO TON BEACH, FLOR A, AUTHORIZING AND IRECTING THE MAYOR ND CITY CLERK EXECUTE A CERTAIN OAN AGREEMENT BETWEE HE CITY OF BOY ON BEACH AND THE C Y OF BOYNTON '~ BEACH WAT AND SEWER DEP~ TMENT IN THE PRINC L SUM OF ~ $253,086, A OPY OF SAID LO~ AGREEMENT BEING ACHED HERETO AS EXH IT "A": AND PRO DING AN EFFECTIVE TE." "'-"",,-, Vic~~Mayor Wische mov to accept pro sed Resolution NO~,. ~ : 90-EE~EEE. Commissione Weiner seconde the motion which i carried"'s-O. The Fire Dep had contacted th Mayor and indl ated the I ~ most feasible ilding to display e use of the pandable! ~dder on would B the First Financia BUilding. T Mayor I l ~~~ermi..ion h bee,,-g~~~e_Fire_DePt~~6J ---~ ~ 4. Proposed Resolution No. 90-AAAAAAA Re: Agreement between the City and Tradewinds Development Corporation regarding 3.5 acre park site City Attorney Cherof read proposed Resolution No. 90-AAAAAAA by caption only: ~ ~. t' "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND TRADEWINDS DEVELOPM~NT CORPORATION REGARDING THE DEVELOPMENT OF 3.5 ACRE PARK SITE: A COpy OF SAID' AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING AN EFFECTIVE DATE." The City Manager indicated staff recommended approval. City Attorney Cherof explained the Preliminary Plat for this pro- perty was approved subject to and conditioned upon this Agreement which dealt with the off-site improvements with respect to recreation and park facilities. It also dealt with the treatment of recreation and park facilities within the parameters of the Preliminary Plat. The Agreement pro- vided that the City and Tradewinds set the fair market value of one acre within the boundaries at $75,000. It also pro- vided that Tradewinds convey to the City, by special Warranty Deed, an additional 3.5 acres not on that site. That would satisfy the requirements for certain park dedica- tions within the PUD. Additionally, the parties agreed that Tradewinds would pay to the City the fair market value of 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 one acre of land which would be done in the form of improve- ments to a proposed park located on the 3.5 acres. That park was not yet planned, but was the subject matter of future plans. The City would provide specific elements of design plan to Tradewinds and designate specific items on that plan for Tradewinds to fulfill for the agreed value of $75,000. In the event the City failed to generate park development plans within three years, Tradewinds was to pay the City $60,000 in full satisfaction of that requirement in lieu of the land dedication. There were a number of procedural points that still needed to be accomplished. These included the responsibility of Tradewinds to establish the existence of the criteria for 50% credit for open space. That was to be followed by an action of the Commission adopting those findings that would entitle Tradewinds to that particular credit. It also required that in the event Tradewinds should fail to establish that, Tradewinds would be required to provide from the bond money, the equivalent of 4.5 acres of property which constituted 50% of the credit. Tradewinds would also provide the City surety performance funds as provided for in Appendix C, Article VIII, Section 7 of the Code of Ordinances. The bond would initially include the fair market value of the property and all costs for improvements as shown on the Preliminary Plat, but would not initially include the estimated value of the five basic park elements. At the time those were established, the surety bond would be adjusted accordingly to reflect the value. None of the bonds or sureties posted could be released or reduced without prior written consent of the City. It also provided that there be a determination by staff that the 3.5 acres was suitable for future. park development without the necessity of expenditures for site development. Some of that determination, but not all of it, had already been made. There would be a specific date set by the City Commission for commencement of development of park and recreational facilities. ~ With respect to the balance of ~~e 6 acres, the City and developer would agree to and submit a Stipulation to the previous Stipulation and Settlement Order reflecting a transfer of zoning density of 45 units to the Woolbright Place PUD or to the remaining balance of the six acre par- cel. Discussion took place over this feature. Some Commissioners had trouble with the concept of 45 units on 2.5 acres. Michael Morton commented that in the parcel of land along the railroad tracks, Tradewinds had agreed to limit the height of those units to one story. Therefore, only 16 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 duplex units would fit on that parcel. The Agreement now provided latitude for Tradewinds to take density units and increase the PUD, (which was still not anywhere near its maximum), by those additional units or Tradewinds could do what was allowable on the remaining 2.5 acres in the form of multi-family or whatever would fit into two story con- figuration. Mr. Morton stated if at a later date, the deve- loper, City Commission and the members of the adjoining Leisureville community didn't agree on what should go on those two acres, they would have the opportunity of putting in the residential units that the property now called for. The excess densities were being incorporated into the PUD. Commissioner Olenik asked staff what the current zoning was for that 2.5 acres off Boynton Beach Blvd. Tambri Heyden, Interim Planning Director was not really familiar with the issue that was being addressed. Commissioner Olenik expressed concern that the Interim Planning Director had not been included in meetings where these arrangements were arrived at. Commissioner Olenik thought the Commission had indicated it wanted an Agreement that only dealt with the park dedication issue. He thought this "smelled of spot zoning." Commissioner Olenik didn't think it was right to change this by means of an Agreement and without going through the normal channels. Mr. Morton responded to Commissioner Olenik's comments and stated the Parks Dept. and Planning Dept. had asked for this arrangement. Tradewinds did not request it. If the City wanted Tradewinds to go back to the old Master Plan that had been approved, he stated he would be happy to do so. ~ City Manager Miller remarked there had been discussions on previous occasions, involving Charles Frederick, Tim Cannon and Jim Golden. What the City was initially concerned with was taking the five parcels throughout the Woolbright PUD which really wouldn't prove useful scattered about. Staff felt that would simply result in maintenance of properties by the City. Staff requested the possibility of using the parcel off of Boynton Beach Blvd. Mr. Miller stated ini- tially the 3.5 acres was discussed. Mr. Morton had planned to work out something with the Dick Webber Center on ! acre. The two acres on Boynton Beach Blvd. would have been commer- cial. The City Manager recalled Mr. Morton had mentioned (if the commercial didn't get through) density type zoning. However, Mr. Miller pointed out you would have to go through the normal process to do that. Mr. Morton felt this was holding things up. Mr. Miller stated the Preliminary Plat was approved conditioned upon an Agreement on the parks which had not taken place yet. Mr. 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Miller questioned whether or not legally, the Agreement could contain a provision relative to conditional type zoning. Mayor Moore suggested going back to the idea of five smaller scattered park parcels instead, rather than hold this up. If something could be changed in the future, fine. Further complex discussion took place on the sequence of events, density, zoning, the park land and the significance of the $75,000. Mr. Morton referred to the Administrative Coordinator of Engineering not feeling 3.5 acres was enough but that it would call for 4.5 acres. 'Even though Mr. Morton differed with Mr. Finizio, rather than continue to "go through these battles on a weekly basis;' Tradewinds agreed to pay the $75,000 in cash with $75,000 worth of cer- tifiable improvements to the park. If the City couldn't come up with a use for the park within three years, Tradewinds would pay $60,000 cash in lieu of the work. Mr. Morton further commented on the proposed transfer of density credits into either the PUD or the 2 acres. Mr. Morton stated they were not asking to put 22 units on any parcel of land. They were protecting the total amount in density that the 6 acre parcel allows, to be used in either the PUD or on the remaining 2 acres. If they were to end up building units on the 2 acres, they could probably build 16 4 units on the two acres and no more. The balance of those units would be incorporated into the PUD. Mr. Morton realized they couldn't build more than what's allowable on the plan without coming back to the Commission and asking for it. It was not Tradewinds intent to build 45 units on 2 acres. Discussion took place on why it was to be included in the Agreement. Commissioner Olenik didn't think the Commission could legally change the zoning by means of this Agreement. City Attorney Cherof stated that was why this provision was not in one of the "you shall do it today provisions" but was something that would occur in the future. Commissioner Olenik didn't think the present Commission should "tie the hands" of future City Commissions by rezoning the land in this Agreement. City Attorney Cherof stated it required the Commission specifically to seek an amendment to the Settlement and Stipulation Agreement. That would be the only vehicle for doing it. Mr. Cherof remarked the intent of the provision was to go back and to treat this subject matter as though it had been on the table at the time the Stipulation and Settlement Agreement were entered in Circuit Court. Mr. Cherof stated this was something that possibly should have been contemplated at that time but was not. 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Further remarks were made by Mr. Morton about the City wanting a park that could be utilized by the Lake Boynton Estates area. Technical discussion took place on possibly amending the proposed Agreement and various density figures per acre were considered. Units per acre in the pun as addresse4 in the Stipulation and Settlement Agreement, were taken into con- sideration. If they went back to the original plan, Mr. Morton noted they would have to move S.W. 8th Street back into Mrs. Robert's backyard. The discussion became more complicated. City Attorney Cherof stated he could corne up with alternate language for Section G of the Agreement. Mr. Cherof suggested language with respect to the zoning density of 45 units, stating it shall be allocated with a maximum of 16 units on the balance of the six acre parcel from which the 3.5 acres is being conveyed. The remaining 29 units would be contained within the boundaries of the Woolbright Place PUD. Mr. Cherof pointed out the latter part would require an amendment through the Court to the Settlement Stipulation. Mr. Morton stated he would reduce the density of the overall pun, if it would help. In the "tail" along the railroad track, he would agree to only 16 one story units. The total amount in th~ PUD would be 640. It would therefore be a total of 656. Mr. Morton would agree to only put 14 units ~ on the 2! acres on Boynton Beach Blvd., in the event that the City doesn't allow any other zoning commensurate with the adjoining property owners' wishes. Mr. Cherof interjected the Agreement could be amended and this would go under Section 4.C. Section 5~G. would be deleted. Mr. Morton stated he was agreeable to this amendment. The proposal was evaluated and various opinions were expressed. Some Commissioners found the issue had not only become complicated but confusing as well. Commissioner Olenik remarked that this Agreement had grown from an Agreement on the park to include changes that dealt with zoning. He asked why the Planning Dept. had not been involved in this review. Lengthy discussion took place. Mr. Morton stated if the City was not comfortable with the park improvements being done, then Tradewinds would pay the City the $75,000 cash. The City could then build its own park. Commissioner Weiner remarked that the Commission did not wish to hold this up. They wanted to handle this expedi- tiously as ordered by the Court. In order to clarify the complex issues, she requested a workshop meeting the next day. 15 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Comments were offered by Charles Frederick, Director of Recreation & Parks. Mr. Frederick stated the City origi- nally had wanted one contiguous 41 acre site on the PUD to service both Tradewinds and Lake Boynton Estates. Instead when the Settlement Agreement finally came about, Tradewinds went back to the concept of either numerous small parcels of park land or 3! acres off-site. Mr. Frederick felt that of the two choices, the 3~ acres was the only choice. There had been the ability to buy additional adjacent property to expand it to 4! acres. At least that way, there would be a useable neighborhood park that could be developed. Mr. Frederick stated he didn't have any thing to do with the density. Motion Vice Mayor Wische moved to delete "G" completely and insert "4.C." whereby the City will permit 14 units in the 2; acres of the 6 acre parcel and 16 units in the "tail" along the railroad tracks in the PUD. It is the City's option to either get $75,000 in cash or in building. Commissioner Olenik asked if the 2! acre parcel is now at the density level that is currently zoned, why include it in the Agreement. Mr. Morton replied it could be taken out of the Agreement. Commissioner Olenik stated he didn't even want to deal with the other parcel in this Agreement. The ~ City could deal with that rezoning normally later on. Mr. Morton said that was fine. Mr. Morton reiterated the "tail" would only contain 16 units. The PUD would contain, 640 units. This would result in a total of 656. The remaining 3! acres would not be addressed in the Agreement. It would have to comply with zoning that can be obtained. Of the six acres, Mr. Morton said 3.5 acres would be park. One-half acre would be for the Dick Webber Child Abuse Center and two acres would be for future use. Discussion took place on whether there would be an infrastructure impact by placing the 40 additional units into the main part of the PUD. Mr. Morton stated it wouldn't have any impact. Tambri Heyden remarked the revised Master Plan allowed 640 units. If the numbers are increased, she felt there would be an impact on water, sewer and traffic. Mr. Morton stated they were basically trading density and impacts from one parcel to the other. Other remarks were made. 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 Amendment to Motion Vice Mayor Wische indicated he wished to amend his motion to the effect that the City would only accept $75,000 cash. Mr. Morton was agreeable but if Tradewinds built the Child Abuse Center and the addition for Parks Dept. use, Tradewinds would like to get credit for that against the cash. Mr. Frederick stated when the proposal for the Child Abuse Center was brought forward by Mr. Morton, they did not discuss credits in terms of whether the Recreation & Parks Dept. would be using the space or not. If Mr. Frederick was being asked if the City Should give Tr~d.wind. crodit for expanding ehe buildin9 tor the Recreation Dept's use, he was not prepared to immediately respond. Mr. Morton stated he would leave it to the City's option. Mr. Miller stated he would rather see cash. If the City wanted to make an option, he was sure Mr. Morton was willing to discuss it. Secondary Motion Commissioner Weiner repeated she would like to see the Agreement in proper order. She moved to hold a special meeting to clarify the issues. The Mayor agreed the issues had become confused. He didn't feel this was any way to conduct negotiations. The Mayor passed the gavel and ~ seconded Commissioner Weiner's motion. Clarification and Vote on First Motion Vice Mayor Wische pointed out he already had a motion on the floor. Commissioner Olenik seconded Vice Mayor Wische's previous motion. Vice Mayor Wische stated they should have a ten minute break during which the City Attorney could for- mulate the verbiage for the two Agreement sections that are being changed. Vice Mayor Wische stated the 2! acres would comply with whatever zoning there would be. There would be 16 units in tne "tail," and 640 in the PUD resulting in a total of 656. There would be $75,000 in cash or at the City's option, building construction. Mayor Moore called for a vote on Vice Mayor Wische's motion. The motion failed 2-3. Mayor Moore, Commissioner Weiner and Commissioner Olenik voted against the motion. Mr. Morton remarked that at the last Commission meeting the Preliminary Plat for the PUD had been approved. Under the Code, Tradewinds could not get their letter of technical compliance until the surety was established. Tradewinds had agreed to wait until this meeting to receive the surety amounts. Mr. Morton felt a certain ampunt of urgency existed. 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 City Attorney Cherof remarked the proper motion would be to direct the City Attorney to incorporate the changes into the body of the Agreement and bring it back to the City Commission as soon as possible. The Mayor agreed and added he would call a special meeting, if necessary. The City Manager remarked he would like to hear what was missing on the surety issue. Mr. Finizio stated if Tradewinds wanted to move their Preliminary Plat forward (it had been conditionally approved) to the Final Plat stage, then they needed to "nix all these orbiting mini agreements" that they were trying to reach and get. down to the basics so he could move the Plat forward. Mr. Flnizlo stated if the City was going to give Mr. Morton $320,000 worth of half credit on land for five amenities that Mr. Morton was not indicating he would provide at a future date on the site plan, then Mr. Finizio thought Mr. Morton should provide $320,000 worth of surety to equal the credit he would get, until he provides the plans in conjunction with the recreation. Mr. Finizio remarked that is what the Code says. Technical discussion ensued. Mr. Morton thought this issue had been settled already. City Manager Miller remarked the language was already in the Agreement relative to the five park elements. Mr. Finizio responded he was talking about the half credits. If Mr. Morton didn't provide five park elements, he would have to give the City many more acres of land, worth $75,000 an acre each. Mr. Finizio felt the City was giving Mr. Morton "credit for nothing" right now. Mr. Morton said they were providing the park elements in the site plan to be sub- mitted. Mr. Miller pointed out the City didn't presently know what the five elements would be. The City Manager explained by this Agreement, the value of the improvements would be established as a condition of the site plan appro- val. At that time, the actual park and recreation improve- ments are determined. A final value for the improvements shall be made and the bonds adjusted. Mr. Finizio didn't think that was what the Subdivision and Platting Regulations provided for. Discussion ensued. ~ Mr. Morton stated that at a meeting the previous month, the Commission had voted not to bond those five elements. Mr. Morton thought Mr. Finizio was "beating a dead horse." Mr. Morton stated the five elements would be bonded when Tradewinds submits the site plan for the PUD. They had agreed to bond the $75,000 at 110% which would corne to $82,000. In order to receive technical compliance, Mr. Morton stated Tradewinds only had to post the sureties for Final Plat approval. He felt all the sureties had been pro- vided and Tradewinds was looking for tpeir letter of tech- nical compliance. If the Commission approved the park Agreement at this meeting, Mr. Morton felt Mr. Finizio was 18 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 bound to issue Tradewinds a letter of technical compliance. Mr. Finizio responded that was not accurate. Mr. Finizio indicated Tradewinds needed to conform with the Code of Ordinances and the Subdivision and Platting Regulations state all required improvements shall be bonded with surety. Mr. Finizio stated Tradewinds could provide surety in the amount of the credit the City was giving. When Tradewinds finally provided the site plans, the City could return the remainder of the monies. The Mayor declared a ten minute recess at 8:25 P.M. so that the attorneys could talk. When the meeting resumed at 8:35 P.M., the Mayor chose to proceed with the Agenda so the attorneys would have a few more minutes to work. 5. Proposed Resolution No. Re: Li hthouse Square & , This i tern was "'<leleted at of the developer. 6. Proposed Resolution No. 90-FFFFF Re: Review Service Contract - Medi 1 Electronic ui ment Physio Control Sue Kru e, City Clerk read proposed Resolution No. 90-FFFFF ~ by capt ion only,: . , "A RESOLb~ION OF THE CITY" OMMISSION OF\!,H. E:... C~TY OF BOYNTON BEACH, FLORIDA, AUT RIZING AND ~IRECTING THE - MAYOR AND ct~Y CLERK TO EXEC E A CERTAIN RENEW ~ CONTRACT FOR ~ERVICE BETWEEN T CITY OF BOYNTON ACH ~, FIRE DEPARTMENT~AND PHYSIO-CONTR CORP.: A COPY OF ""CONTRACT BEING A~ACHED HERETO AS IBIT "A": AND PROVIDING AN EFFE~~E DATE." Commis~ioner Olenik move for the adoption f proposed Resolut~on No. 90-FFFFFFF. Commissioner Wei er seconded the motion w~Ch carried 5-0. " ""'- City Atto ey Cherof reiter ted there was an apparent incon- sistency be ween the permitte uses of this property under ~ . . ~~lS Item was pu led at the beginni C{ty was not read of the meeting a the OTH~ '--' ! I I ! -_._--~-----____._._._.____.___._____ .J Run Commercia ----- -- ~- - 19 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA r-- OCTOBER 16, 1990 r---...., Well the first four e e nts are the same as the ones that you recom ended. It is the fifth element... right? That is the one that you do not recommend, ut that Mr. Kol ins does ."'.'_ His fifth elem~rl~ to acknowledge action tonight an have a notation on the Compo Plan a the Zoning Map. think that's a proper equest and I would include that in my reco If thi~'~commission acknowle es that we are bound by Court Order and th t it applies to this pr erty and that it be attached to our existing 'Compo Plan, even th gh it contravenes the contents of the ex ting Court Order and',hat we are in the p ocess of straightening at out. Weiner: Cherof: Ma~ ",,-, The five point recommendation was eval ted. . Mr. Cherof were in agreement on the five oint recommen- dation. Discussion took place regarqing t e response that might be received from the Attorney General. Mr. Kolins pointed out if the opinion said something con ary to what t..11ey anticipated, it woulQ. not be binding. If he (c~mission used that opinfop to change the Compre ensive Plari'~gain, Mr. Kolins state he would recommend h client sue the-, City "in a heartbeat. Motion Commissioner iner moved that the Co mission , Mr. Cherof's fiv point recommendation. Vice Mayor Wische seconded the motio. The Mayor pointed t this included obtaining the adviso opinion from the At rney General which would not be bin ing except it could 0 en up an avenue E go back to Court to a k the Judge to change his opinion (i construc\ion hadn't t en place in the mean 'me). The Mayo called for a vote. motion carried 5-0. 1. .Interlocal "", j I \ ) ! I ion of Village of ly Tabled) ~_~.=-___~~_gIJl_..r-emahfe-d-nthl-ee-.-,,--_..._- Proposed Resolution No. 90-AAAAAAA Re: Agreement between the City and Tradewinds Dev. Corp. regarding 3.5 acre park site This topic had been discussed at great length earlier in the meeting. The City Attorney had put together appropriate 24 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 16, 1990 language for the amendment to the Agreement. The Commission reviewed the written material and there was discussion on how to handle the $75,000. The consensus was to allow the City the option of choosing whether it wanted $75,000 cash or $75,000 in construction. The City Manager remarked that meant Section 2 on page 2 of 6 would have to be amended. Vice Mayor Wische moved to pass Resolution No. 90-AAAAAAA as amended in Section 4. C and with the deletion of G. The language in 4.B. will be revised to incorporate the option. The motion was seconded and carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. Mr. Morton asked whether Tradewinds would be issued a letter of technical compliance the next day. The City Manager responded affirmatively. Mr. Miller understood Mr. Finizio's difference in opinion. ---..--.----- "-. 3. Interim ServIce Fees . '",,- The City Attorney~ad provided the Commission w memorandum .on this tGpic date~October 11, 1990. Iso review~ was a memoranqum from ~e City Attorney to e Manager ~ted October 2,1990. Th~ Mayor commented on ases where citi~!3 were legally-challenge(l when Interim Servic Fees were implemented and sUb,stantialfees had to be refunded. The"-Mayor was uncom.f.ortable ith this because he thought it would be attacked regardless what procedures are followed. The-(,e was discussi~. Mr. erof noted that some ci ties had imp~mented Interim ~ervice es and had not been sued. ~~ "- The City Manager remarked~at if implemen ed, would raise $300,000 in the ext fiscal year. explained that in business an residential, on the Certificate of Occupancy is rece'ved, they woul ave for direct municipal services unti such time as t placed on the tax roll. The service they would be ing for were Poli~e, Fire, EMS, roads, LiD ary and Recreatl n & Parks. Admin{' rative costs are exlude Mr. Miller stated the Interim Serv e Fee is not a tax but I a fee based on a direct service. M Miller indicated the st dy would directly relate that ee to a service. The C mission had already approved appro 'mately $22,000 for the udy. It had been placed on hold, owever, because of conc ns of the Mayor. The City Manager a ited further direction.' "",,- Commis~ioner Olenik getting~ he Interim seconded emotion against the otion. he City Manager move toward Service Fee a opted. Vice Mayor Wische which carried 1. The Mayor voted ---~ , i ;' ----- --- -------- . '" 25