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CORRESPONDENCE SCHROEDER AND LARCHE. P. A. ATTORNEYS AT LAW ONE BOCA PLACE. SUITE 319 - ATRIUM 2255 GLADES ROAD BOCA RATON, FLORIDA 33431-7313 MICHAEL A. SCHROEDER W. LAWRENCE LARCHE' BOCA RATON (4071 241 -0300 BROWARD COUNTY (305) 421 -0878 TELECOPIER (407) 241 -0798 .. FLORIDA BAR BOARD CERTIFIED ESTATE PLANNING AND PROBATE LAWYER January 26, 1993 VIA FACSIMILE Mr. Christopher cutro Director Of Planning City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425 Re: Winchester/Knuth Road PCD Dear Chris: A brief summary of the background regarding the Knuth Road construction situation is as follows: 1. The City Comprehensive Plan contemplates that Knuth Road will eventually be built through to connect Boynton Beach Boulevard and Woolbright Road. 2. Contrary to the requirements of applicable Codes and Ordinances, the City failed to require the developer of the stonehaven PUD to construct Knuth Road along the entire length of the stonehaven project. 3. since the property now known as Knuth Road PCD, located at the intersection of Boynton Beach Boulevard and Knuth Road, was not then in the City, the City had no other property upon which to place the burden of completing Knuth Road other than the Tara Oaks PUD. Thus, the Tara Oaks PUD has been saddled not only with the obligation to build Knuth Road adjacent to the Tara Oaks project, but also to build the unfinished portion of Knuth Road adjacent to the Stonehaven PUD. 4. Placing this obligation upon Tara Oaks PUD places an unfair and unreasonable economic burden on that proj ect and is significantly hindering efforts to sell the property to an apartment developer and have the project built and added to the tax rolls. RECEIVED .,r'R 2 PLANNING DEPT. - Mr. Christopher cutro Director Of Planning City of Boynton Beach January 26, 1993 Page 2 5. Our August request to Scott Miller was that the city modify the obligation with respect to Knuth Road construction so that the Tara Oaks PUD would have the obligation to build the portion of Knuth Road adj acent to that property (Phase I) and, since the Knuth Road PCD has now been annexed into the City, that the Knuth Road PCD be obligated to build the remainder (Phase II) . As you know, the matter was brought before the city Commission for consideration and concerns were raised by the City Engineer and questions were asked by various commissioners regarding how the ci ty could be assured that the road would eventually be completed if approval was given to divide the road construction obligation and permit the road to be constructed in phases. The matter was tabled and we agreed to work with representatives of the City and the County to attempt to reach a resolution that addressed both our concerns and those of the City. After meeting with you and the City Engineer, we then had our engineer discuss the issue with representatives of the County Engineer's Office and Bill winchester, Rick Rossi and I then attended a meeting wi th Mr. Hurtel and Mr. Walker at County Engineering. As a result of our various meetings, we believe that we now been able to structure an approach to the problem substantially addresses the concerns of all involved. suggested approach is as follows: have that Our 1. Construction of the portion of Knuth Road lying adjacent to the Stonehaven PUD (including crossing L-25 canal) would be a requirement of any plat approval for the shopping center (excluding service station), portion of the Knuth Road PCD. For easy reference, we will refer to this as Phase II al though this is not intended to indicate which portion of the road will be built first. 2. The obligation to build that portion of Knuth Road adjacent to the Tara Oaks PUD would be a requirement of any plat approval for the mUlti-family development portion of that PUD. 3. Knuth Road would also be permitted to be built on a prior to platting contract basis either in two phases (in any sequence) or all at one time, at any time prior to plat approval for either or both projects. Mr. Christopher Cutro Director Of Planning city of Boynton Beach January 26, 1993 Page 3 4. As already approved by the city, the portion of Phase I from the intersection at Woolbright Road, north to the north boundary line of the Church parcel, which constitutes a portion of the Tara Oaks PUD, will be built utilizing a prior to platting contract and no bond will be required in conjunction with same. If the next portion of Knuth Road to be constructed is the remainder of Phase I, then prior to commencement of that construction, the owner of the Knuth Road PCD (excluding the already approved service station site) would be required to execute and deliver a bond in form and content reasonably acceptable to the City, to assure the construction of Phase II of Knuth Road within four (4) years after completion of construction of the remainder of Phase I. If, on the other hand, Phase II is to be built prior to the completion of the remainder of Phase I, then the owner of the Tara Oaks PUD mUlti-family site would be required to post a similar bond with the City prior to the commencement of construction of Phase II, so as to assure the construction of the remainder of Phase I within four (4) years after completion of construction of Phase II. 5. This proposal has been structured based upon the assumption by the property owners that they will be able to develop their properties as presently zoned and approved, as it is only from such development that the necessary resources can be obtained to pay the cost associated with the road construction. This being the case, we need the City to agree to grant all time extensions, as necessary, in lieu of commencing construction or platting, to maintain in effect the validity of all development orders and site plan approvals with respect to the Knuth Road PCD and Tara Oaks PUD or any portions thereof for a period of five (5) years following City commission approval of this proposal. 6. The property owners' agreement to this proposal is conditioned upon receiving approval from the county Commission for impact fee credit with respect to costs incurred in conjunction with construction of-Knuth Road against impact fees for the Knuth Road PCD and Tara Oaks PUD or, if the road or any portion thereof is built by some person or entity other than a developer of all or any portion of those parcels, for reimbursement to be made for costs incurred in conjunction with the development of Knuth Road from the impact fees paid with respect to the PCD and PUD. Mr. Walker and Mr. Hurtel of the County Engineer's office acknowledged that the County Engineer would support such a request for impact fee credit when presented to the County Commission for approval, but indicated that in order for the matter to be presented to the county Commission, Mr. Christopher cutro Director Of Planning City of Boynton Beach January 26, 1993 Page 4 the City needs to adopt a resolution reciting the various justifications for giving impact fee credit for the construction of Knuth Road and requesting that the County Commission give such credit. Chris , it is my understanding that this proposal, which supercedes all previous proposals, will now be submitted for city commission approval. In accordance with the request of the City Engineer, I have previously delivered to you copies of a sketch, on which we have clearly identified the various properties and portions of the road with which we are concerned, so that they may be provided to members of the ci y Commission, city Manager and City Attorney for their review an c nsideration. CHROEDER M MAS:cl cc: Mr. J. Scott Miller, City Manager, via telecopier Mr. Enrico Rossi, P.E., via telecopier Mr. Bill Winchester (Winchest\Cutro.ltr) 'f - ... Ji4,,-2t-"33 10: 1: W: ~HW OFF1CES TEL NO:407-241-0798 1:1324 F'G1 ~,/9l f '- ,J 8cHltOBDBR. AKD r.a.'DI"II'R, P.A. A'I"l'OlUfBYS A~ JAW 00 BOCA PL&CZ, SUJ:TB 319 - A'l'RXUX ZZ55 GLADES ~AD BOCA RA'1'01I, l"U)lUDA 33431-7313 TBLBCOPZER (407) 241-0798 BOCA ~ (407) 141-0300 ~ ~HTY (30~) 421-0'78 ., ~.RCOPI:BR TRAlIi:JI!l.1TTAL 8~"c"". BILLnfG HO: TELBCOPY 1"0: 010-36 407-738-7459 !'ROM. : J. :SCOTT KILLER, CrTY MAlfAG1!:R KICBABL A. SCHROEDER WINCHESTER/l<NU'I'H ROAD PCD January 26, 1993 TO: ltE: DATE : SPECIAL INS'lRUCTIORS: Attache<l is my correspondence of even dai:e to Christopher cutro. TOTAL 1fmIBER. OP PAGES IMCWDIJIG THIS PAGE: , OIUGINAL TO POLIDW: NO COlIJ'XnRN'J'UT.TTY HOT.B THE D~nOJl COHTADmD Df 'lHZS PACSIIIILI!: TRAlfSXISSZOlf :IS LEGALLY PltIVILBGED A1fO C01O'1DBM'.l'IAL DtPORIIA'l'rOa .&..nTbu&D ONLY FOR TO USE 01' TD DCDIVIDOAL oa DI'1'ITY DXID ABOVE. II' TBB Jt&AI)BJl OP TInS TRARBIIISSIOK IS JrOT TB'B .Ln'JUuJID UCIPlmrr, YOO AAB BDEBY RO'1'InKD THAT BY DISSEllDfATIOJl, DISTRIBCTIOlf OR COPYllfG 01' '11IIS TIWISJlISSIOR :IS STRIC'l'L! PROBIBrrBD. IF YOU HAVE RE~VEO TRIS TRdSmsSION III ERROR, PLEASB DOmDIA'l'BLY HO'fil?Y US BY COLLECT 'l'BLEPSOD CI.I.L AND 1bs'.I.-(Jb TBB OJUGIIIAL TRAXSJaSBIOJl '1'0 US AT TJtE ADDUSS ABOVZ vn. U. S. IlAIL. TfrAIX YOU XP YOU DO )JO'J.' JU:CI::rvw: ALL OF TIm PAGES PLBASB CALL (407) 241-0300 AS SOOlf AS POSSIBLB ooa TELBCOPIER RUKBBR IS: (407) 241-0798 ~~.bk~ RECEIVED JAN 2 6 1993 CITY MANAGER'S OFFICE JHt,j-2t,-"3::: 10: 14 II': LHIJ GFF ICES TEL NO:407-241-0798 tl324 P02 SCHROEDER AND LARCHE. P. A. A1TORNEYS Ai L.A.W ONE 80(;,1\ PLACE, SUITE 319 - ATRIUM 2255 (jI.,A.OES ROAD BOCA RATON, rLOIlJOA '33431 - 7313 . ....,.,D. a.1 IOUl) CE..1VIED UTATI' ."-'....-..; "Nt> n<::*A'l't LAWYta JO(;A RATON I~011 241-0300 BRO'lllM() COV"TY t30~1 42' -0878 TtLEcoPlEJlI40n 241 -0798 ",:(HAFt. A. S(HROFDU \II, LA....p.t..c.E LARCHi . Janu.ary 26, 1.993 ya FACSDlILB Mr. Christopher CUtro Director Of planninq City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425 Re: winchesterJlCn.uth Road. PCD Dear Chris: A brief summa~ 'of the backqround reqard1ng the KnUeh Road construction s1tuat1.on is as follows: 1. The city comprehensive Plan contemplates that Knut.h Road will eventua.lly be built throuqh to connect Boynton Beach Boulevard and Woolbright Road. 2. Contrary to the requirements of applicable Codes and Ordinance., the city failed to require the developer ot. the Stonehaven POD to construct Knuth Road alonq the entire length of the stonehaven project. 3. since the property now known aa 1(nuth ~oac1 PCD, located at: the intersection of Boynton Beach Boulevard and Knuth Road, was not: than in the city, the City had no other property upon which to place the burden of completinQ Knuth Road other than the 'I'ara Oaks PUD. Thus, the Tara Oaks POD ha. been saddled not only wi~h the obligation to build Knuth Road adjacent to the Tara Oaks projec~, but a180 to build the unfinished portion of Knuth Road adjacen~ ~o the Stonehaven PUD. 4 . P1aoi~q this obliqation upon Tara Oaks PUD places an unfair and unreasonable economic burden on that project and is aignificant1y hindering efforts to sell the property to an apartmant developer and have the project built and added to the tax rolla. SHI'h26-'93 10: 1-1 ID: LHvJ OFF ICES TEL ~~C; ~0';"'-241-07'38 t::l~24 P03 Hr. Chri.~opher Cutro Director Of P1anninq city of Do)"ni:on Beach January 26, 1'93 Page 2 ,. our AU9Uet requeet to Soot.i: Hiller wall i:hat the cit.y modify the o~liqation with respect t.o ~uth Road oon.truotion 80 that the Tara. Otlks PUD would. have 1:he o):)liqation to build t.he portion of lCnuth Road tldjacent to t.hat property (Phase I) and, since tne Knuth Road PCD haa now been annexed in'to the Cit.y, that. the IUluth Road peD be obliqated t.o bulle! the remainder (fthase II). AS you know, the ma.tter waa brought before t.he cit.y commission tor consideration and concerne were raised by the City Engineer and que.tions were a.k.~ by va.riou. Commissioners regard1nq now the c1 ty couleS be aS8urec1 that the raod would eventually be completed it approval was given to divide the roa.d construction Ob11qa~ion aneS permit the road to be constructed in phases. The matter was tak)led ana we aqreed to work with representatives of the City and tne county to attempt to reach a resolution that addr....d tloth our conc.rn. and. those ot the City. After meeting with you and the city Enqlneer, we then had our eng1neer discuss the issue with representative. ot the county Engineer's Office and Bill Winch..ter, Rick Rossi and I then attended a aeeting with Kr. Hurtel and IIr. walKer at county Enq1neer1ng. As a result of our various aeetings, we ~11eve that we now been able to structure an approach to the problem substantially address.. the concerns o~ all involved. suqgested approach is al tallows: 1. Construction of the portion of Knuth Road lying adjacent to the stonehaven POD (including cross1ng L-l5 canal) would be a requir.ment ot any plat approval fer the IIhopping center (excluding .ervice station), portion of the Xnuth Road PCD. For easy reference, we will refer to this as Phase II althouCJh this 18 not intended to indicate wh1ch portion ot the road w1ll be built first. have that Our 2. The obliqat1on to build that portion of Knuth Road adjacent to the Tara Oaks PUD would be a requirement of any plat approval for the .ulti-faa11y 4evelopment portion of that PUD. 3. Xnuth Road would alBO be permitted to be built on a prior to platting contract baais eit!ler in two phases (in any sequence) or all at one time, at any tiDe prior to plat approval for either or both projects. J~~-26-'9~ :~:!5 JD: LHW CF' ] CES TEL t~C!: 4[17-241-0':'98 ~:::~.; F8.:! Hr. Christopher cu~ro Dir.o~or Of Plannin9 ci ty of Boynton Beaoh January 26, 1993 P~9. :3 " . As~~.a.~L QPp~~~d_~ the city, the portion o~ Phase 1: fJ;'QJn the -rntersec ;Lon .t Woolbright Roa.d, north ~o the north boundary line of ~e Church parcel, which constitute. a portion ot the Tara Oaks PUD, will be built utilizinq G prior to platting contra.ct and no bond will be required in conjunct.ion wit.h sa.me. If the next portion of Knuth ROAd to b. cc>netruc:ted is the remaintler ot Pb12Be I, then prior to commencement of that construction, the owner of tbe Knuth Road PCD (excluding t.he already approved service station site) would be requirec1 to execu~e and ~eliver a bond in rorm And content re~5onably acceptaJ:ne ~o the C1ty, to,.~~sure the copstru.-~t!oJ!..9~_~l.!~B.,_1:I Qf , ltn\1th_r<o.J.a..w1th1n rou,%,'., (4) y.a;rs atter cOlllpleticm of construction or the remainaer or Phase I. It, on the other hand, phs.. II 1. " ~o be built pr10r to the coaple~lon or ~he remainder ot phase I, ;_ tllen ~he owner ot the Tara oakS Pt1D mult1-tul1y site would be ,.\ required to post a similar bond wi th the city prior to the c01lU1lencement or construction ot Phase II, so aa to assure the construct1on or tne rema1nder of Phase I wi thin tour (4 ) years after complet1on Of oonstruct1on or Phase II. \ ~(' " 5. This proposal has been structured based upon the assumption by the property owners that they will 1:1. able to develop their properties a. presently zoned and approved, as 1t i8 only from such development that the necessary resources can be obta1ned to pay the coat a..oc1ated w1th ~ne road cons~ruct1on. This being the case, we need the City to aqree ~o qrant all time extensions, as necessary, in lieu of oommencing oonstruotion or ~ platting, to Ilaintain in ettect the val1d1ty of all development' r orders and s1te plan approvals with respect to the Knuth Road PCD · ,'- and Tara Oaks POD or any portions thereof for a period of five (5) years following city Commission approval of this proposal. ? ..-' , j l ~i .,-) 6. The property owners I agree.ent to this proposal is conditioned upon recelvlnq approval fro-. the county cODi..ion tor impact tee credit with respect to costs incurred in conjunction with construction of Knuth Road against impact fees for the Knuth Road PCD and Tara Oaks POD or, if the road or any portion thereof i. built by .o.e per. on or entity other than a developer of all or any portion of those parcels,' for reillbura...nt to be _de tor coats incurred in conjunction with the <1evelop]lent of Knuth Road from the impact fee. paies with respect to the PCD and POD. Hr. Walker and Mr. Hurtel of the County Engineer'. oftice acknowledged that the County Engineer would support such a request for impact fe. credit when pre.ented to the County Commission for approval, but indicated that in order for the matter to be presented to the County Commission, ... III Ql l:lI '" Q. '0 "" ~ o E E l! (]) .. E -:q Jf-1li-26-'9:3 10: 15 ]II: LHl.J OFF ICES TEL NO:407-241-0798 IG~4 i-C;5 Mr. ehri.topho~ CUt%'o Dir.o~o~ Of P1.nft~q ci~y oE 8oyft~oft Baaoh January 26, 1093 paqa 4 the Ci~y neede ~o adope a reeolue!on reoieinq ehe varioue justifications ~or qivinq impact ~ee credit tor the construQtion of Knu~ Road and requestinq that the County Commission give such credit. Chri., it i. JAY under.t.anding t.hat. thi. ~ropc.al, which supercede. ~ll previous propo.~l., will now b. .ub.i~~ed for city Commission ~pprovcl. In cocord~noe wi~ the request ot the City Engineer, I have previously delivered to you copies ot a sketch, on which we have clearly identified the various properties and portions at the road with which we are concerned, 80 that they may be provided to members ot the Ci Commission, City Manager and City Attorney tor their review an c slderation. !I MA5:cl co: Mr. J. scott Miller, C1ty Kanager, via tel.copier Mr. Enr1co Ross1, P.E., via tel.copier Mr. Bill winCh.,eer (Wlncheet\CUtro.ltr) JAN-26-'93 10:07 ID: LAW OFF1CES TEL NO:407-241-079S li323 P0l \,j Sl"IA'DnRI'\'R8. DO T.1~, P. A. ~DR'2Y8 AT LAW ORE lIOCA. ~, stnft 319 - A'l'1UDII 2255 CLaDB. ROAD BOCA RA'l'OIl, 1l'LQIU:DA 33431-731.3 TELEOOPXER (.07) a.1-079. BOCA ~ (~07) 241.-0300 BaCWARD ~~ (305) 421-087. TDLBCOP:IER IJIRAlISJa'rl'AL 8HqT BILLING )1'0: 010-36 '1':RLRC!OPY NO t 04.07-738-745' '1'0 ! HR. CHR:tS'l'OPHER CU'TRO J"ROI( : KICBABL A. 8CJ1ROBDBR WIHOHES'l'BIt/RNUTH ROAD PCD RBa DATE . JanUD.Y 26, 1993 SPEC:IAL D8T1WC'1'J:OIfS: TOTAL HtJJl'ISBa 01' PAGZ8 DlCUJDIRG 'l"BIS PAGB: 5 01UGZlfAL TO I'OLLOW: NO ~I:DEll'rDT.TTY HOTB TBB D~Zcm COBTAINBD Ilf THIS J'ACSDlILB TRANSMISSION IS LEGALLY P1UV1LEGED AlID COIlPIDmlTIAL IRI'ORIIATIOIf Drl'BlfDBl) aJlLY FOR THE OSE 01' TIUl: DmIVJ:DOAL OIl BIfIITY DIIED ABOVE. IF THE READER OP TH:IS DAlfSJIIS8l:OR IS IIOT TBB D'tBltuBD BeIPIENT, YOU AD BEBEBY MOTIFXED TD.T ANY DISSDIlQ.TIOB, DISTRI8UTIOR OR COP!DfG OF TRIS TRABSXI:SSJ:OJr 1:8 S'l'ItICTLY PROIIIBrl'BD.. IF YOU &AVE RECEIVED THIS TBAlfSKtSSJ:OJl Df BRRQR, PIiDSB IJIIIEDIATBLY 110'1'1:" US BY COLLECT TELEPHONE CALL DO RE'l'UIDI '1'JII ORXGIlUL 'fRANSJlISSrON m US A~ TBB ADDRESS ABOVE va u.. S. IlAIL. TBAJIK YOU :IF YOU 00 BOT RECEIVE ALL OF TBB PAGES PLEASE CALL (407) 241-0300 AS SOO. AS POSSI:BLE oaR TELBCOPIER HUMBER IS: (407) 241-0798 - RECEIVED' ~ JAN.. - It ' PLANNING OEPT~\ JJ JAN-25-'93 10:08 ID: LAW OFFICES TEL NO:407-241-0798 #323 P02 SCHROEDER AND LARCHE, P. A, AlTO'RNEYS ...1 LAW ONE BOCA PLACE. SUITE 319. .'\!lIlJN 225~ GLADES ROAD BoCA RA. T'OtJ, FLORIDA ~ '3 4 31 .73 13 MI(~HAF.L A. .sCHROEDER 1/1. I..Aw~~NCE LARCHE. , fWRIi:>'" 'MR 1l0-'-~~ CEATIREt> ES'tATE 'L^N~I"" -'Nil .IlCBAl'E L-,-WYER BOCA rt...TON (4071 241,,0300 IlItOWARI:l (;OUNri (3051 421.0/j78- TELECOPIEIl (4071 241.0198 Janua.ry 26, 1993 VIA FACSIMILB Mr. Christopher cutro D1rector ot ~lann1ng city Of Boynton Beacn Post Office BOX 310 Boynton Beach, Florida 33425 Re: W.1ncbester/Knutb Road PCD Dear Chris: A brief summary of the background reqard1ng the Knuth Road construction situation is as follows: 1. The city Comprehensive Plan contemplates that Knuth Road will eventually be built through to connect Boynton Beach Boulevard and Woolbriqht Road. 2 . Contrary to the requirement. of applicable Codes and Ordinanoes I the ci ty failed to require the developer ot the stonehaven POD to construct Knuth Road alonq the entire length of the stonehaven project. 3. since the property now known as Knuth Road PCD~ located at the intersect.ion of Boynton Beaoh Boulevard and :Knuth Road~ was not then in the c1 ty I the Ci ty had no other property upon which to place the burden of completing Knuth Road other than the Tara Oaks PUD. Thus~ the Tara oaks POD has been saddled not only with the obligation to build Knuth Road adjacent to the Tara Oaks project, but also to build the unfinished portion of Knuth Road adjacent to the Stonehaven PUD. 4. Placing this obliqation upon Tara Oaks PUD places an unfair and unreasonable economic burden on that:. project and is siqnificantly hindering efforts to s811 the property to an apartment developer and hav. the project built and added to the ~ax rolllil. JAN-25-'93 10:08 ID: -LCtW OFFICES TEL NO:407-241-0798 i:i323 P03 Hr. Christopher Cu~ro DireQtor Of Planning ci~y of Boyn~on Beaoh January 26, 1993 Page 2 5. Our AUgu.t. reC{\lolSt tg Scott Miller was that the city modify ~he obli9a~ion wi~h reepect to Knuth Roa~ construction so t.hat th. Tara Oa.ks POD 'Would have the QD11qat1on to build the portion of Rnuth Road l1c1jacent to that property (Phase I) and, sinoe the Xnuth Ro~d PCD has now been annexed into the City, that the Rnu.th Rood. PCD be obligated to build the remainder (Phase ~:r). As you know, the matter was brought before the City Commiesion for consideration and concerns were raised by the city Engineer and questions were asked by various commissioners re9~rdin9 how the c1ty COUld be assured that the road would eventu.lly be completed if approval was given to divide the road construction obliqa~lon and permit the road to be constructed in phases. The m.atter was tabled and we aqreed to work with representatives ot tn. City and the county to attempt to reach a resolution that addressed both our coneerns and tho8e of the Cit.y. Atter m..tinq with you and the City Engineer, we then had our enqineer 41scuss the ls.ue with representatives of the County Enqineer1s ottice and Bill Winchester, Rick Rossi and I then attenc;1ed a ..et1n9' w1th Hr. Hurtel and Mr. Walker at County Engineering. As a result of our various meetings, we believe that we havQ now been able to structure an approach to the problem ~hllt: substantially aadresse. tn. concerns of all involved. Our sugqested approach 1s as follows: 1. Construction of tbe portion of Knuth Road lying adjacent to the stonehaven POD (including crossing- L-25 canal) woul~ be a requirement of any plat approval for t.he shoppinq center {exolud1nq service station), portion of the :Knuth Road pee. For easy reference, we will refer to this &8 Phaaa II althouqh this is not intended to indicate which portion of' tha road will b. built first. 2. The obliqation to build that portion of Xnuth Road adjacent to the Tara Oaks POD would be a raquira..nt of any plat approval tor the multi-familY deV8lop.en~ portioh of that POD. 3 . Rnuth lload would also ba p8rJ1i t:t:ed. -eo be bull t. on a prior to platting oontract basis 8ith.r in t;wo phasee (in any sequence) or all at one ti.., at any ti.a prior 'to plat. approvol for either or both projects. _..._-,--_._---_.._--~_.._------- JAN-26-'93 10:09 ID: LClW OFFICES TEL NO:407-241-0798 1*323 P04 Jlr. Chri.t.opher Cut.ro Direotor Of Planninq ci~y of 8oyn~on >>.aCh January 26, ~993 paqe 3 4. As already approved by the City, the portion of Phase X ~ro:m the interseot.ion at Woolbriqht. Road, north to 't.he nor~h boundary line of the Church percel, which constitutes a portion of the T~a Oaks POD, will be built utilizing a prior ~o platting cont.ract Dnd ne bend will be required in conjunction with same. If the next: portion of ~uth Road to be constructed ili the remainder of phase I, then px-iox- to commencement or that construction, tha. owner of the Knuth Road peD (exc1udlnq the a.lready a.pproved Iiervice station site) would be required to execute and deliver a bond in torm and content reasonably acceptable to the city, to assure tne construction or Phas. II or ~nuth Road within tour (4) years arter comp1et1on or construction ot the reDainder ot Phase I. It, on tne other handt Phase ~~ is to be built prior to the completion or the remainder ot Phase I, then the owner ot the Tara oaxs POD mUlti-tamily site WOUld be required to post a siailar bona wim the Clty prior to the conuaence.ent ot construction ar Pha.e II, 80 as to assure the construction ot the remainder Of Phase I within four (4) years arter completion or construction of Phase II. 5. This proposal has been structured based upon the assumption by the property owners that they will be able to ~evelop their properties as presently zoned and approved, as it is only rrom such 4evelop..nt that the neoessary resource. can ba Obtained to pay the cost associated with the road construction. This beinq the case, we need the City to agree to qrant all time extensions, as necessary, in lieu of commencing construction or platting, to maintaln 1n effect the valiaity ot all development orders and s1te plan approvals with respect to the Knuth Road pen and Tara Oaks PUD or any portions thereot for a period of five (5) years following City Commission approval of this proposal. 6. The property owners' agreement to this proposal is conditioned upon receiving approval trOll the County Commission for impaot fee credit with r..pect to costs incurred in conjunction with construction of Knuth Road aiainst impact f.es for the Knuth Road PCD and Tara Oaks POD or, r the road or any portion thereof is built by 80.e person or entity other than a developer ot all or any portion of thOle parcels, for reimbursement to be ~de for costs incurred in conjunction with the development of xnuth Road tro. the impact fees paid with respect to the FeD and PUD. Kr. Walker and Mr. Hurtel ot the County Enqineer' s office acknowledged that the County Engineer would support such a request for impact fee credit when presented to the County cOlllJlission tor approval, but indicated that. in order for the matter to be presented to the Coun~y ~o~ission, JAN-26-'93 10:10 JD: -'- AlAI OFF ICES TEL NO:407-241-0798 *1323 P05 Hr. Christopher CUt.ro Direc~or O~ Planninq ci~y o~ aoyneo~ Beaoh January 26, 1993 Page 4 the City needs t.o adopt . resolut.ion recit.inq t.he various jU5~ifioation5 for qivinq 1mpoot fee oredit ~or the oonatruction of Knuth Road and requesting th~t the County Commi56ion give such credit. Chris, it is Dry underst.anding that this proposal, which 5upercedes all previous proposals, will now be submitted tor City commission approval. In accordance with the request o~ the Clty Engineer, I nave prevlously dellverea to you coples ot a Sketch, on which we have clearly identified the various properties and portions ot the road w1th wh1ch we are concerned, so that they may be provlded to me~rs Of the C1 comm1ss1on, C1ty Manaqer and City Attorney for their review an c sideration. BROEDER M MAS:cl cc: Mr. J. Scott Hiller, City Manager, via telecopier Mr. Enrico Rossi, PIE., via teleoopier Mr. B1l1 Winchester (Winchest\cutro.ltr) \, 1 , SCHROEDER AND LARCHE, P. A. ATTORNEYS AT LAW ONE BOCA PLACE, SUITE 319 - ATRIUM 2255 GLADES ROAD BOCA RATON. FLORIDA 33431-7313 MICHAEL A. SCHROEDER W. LAWRENCE LARCHE' TELECOPIER (4071 241 -0798 BOCA RATON (407) 241-0300 PALM BEACH COUNTY (407) 833 - 5605 BROWARD COUNTY (305) 42] -0878 FORT LAUDERDALE OFFICE: 1415 EAST SUNRISE BOULEVARD FORT LAUDERDALE. FLORIDA 33304 . FWRIDA BAR BOARD CERTIFIED ESTATE PLANNING AND PROBATE LAWYER January 4, 1993 VIA HAND DELIVERY Mr. Christopher Cutro Director Of Planning City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425 Re: Winchester/Knuth Road peD Dear Chris: A brief summary of the background regarding the Knuth Road construction situation is as follows: 1. The City Comprehensive Plan contemplates that Knuth Road will eventually be built through to connect Boynton Beach Boulevard and Woolbright Road. 2. Contrary to the requirements of applicable Codes and Ordinances, the City failed to require the developer of the Stonehaven PUD to construct Knuth Road along the entire length of the Stonehaven project. 3. Since the property now known as Knuth Road PCD, located at the intersection of Boynton Beach Boulevard and Knuth Road, was not then in the City, the City had no other property upon which to place the burden of completing Knuth Road other than the Tara Oaks PUD. Thus, the Tara Oaks PUD has been saddled not only with the obligation to build Knuth Road adjacent to the Tara Oaks project, but also to build the unfinished portion of Knuth Road adjacent to the stonehaven PUD. 4. Placing this obligation upon Tara Oaks PUD places an unfair and unreasonable economic burden on that project and is significantly hindering efforts to sell the property to an apartment developer and have the project built and added to the tax rolls. RECEIVED JAN ,. 1993 -----~~----------- Mr. Christopher cutro Director Of Planning city of Boynton Beach January 4, 1993 Page 2 5. Our August request to Scott Miller was that the City modify the obligation with respect to Knuth Road construction so that the Tara Oaks PUD would have the obligation to build the portion of Knuth Road adjacent to that property (Phase I) and, since the Knuth Road PCD has now been annexed into the city, that the Knuth Road PCD be obligated to build the remainder (Phase II) . As you know, the matter was brought before the City commission for consideration and concerns were raised by the City Engineer and questions were asked by various Commissioners regarding how the City could be assured that the road would eventually be completed if approval was given to divide the road construction obligation and permit the road to be constructed in phases. The matter was tabled and we agreed to work with representatives of the City and the county to attempt to reach a resolution that addressed both our concerns and those of the city. After meeting with you and the City Engineer, we then had our engineer discuss the issue with representatives of the County Engineer I s Office and Bill Winchester, Rick Rossi and I then attended a meeting wi th Mr. Hurtel and Mr. Walker at county Engineering. As a result of our various meetings, we believe that we now been able to structure an approach to the problem substantially addresses the concerns of all involved. suggested approach is as follows: 1. Construction of the portion of Knuth Road lying adjacent to the Stonehaven PUD (including crossing L-25 canal) would be a requirement of any plat approval for the shopping center (excluding service station), portion of the Knuth Road PCD. For easy reference, we will refer to this as Phase II al though this is not intended to indicate which portion of the road will be built first. have that Our 2. The obligation to build that portion of Knuth Road adjacent to the Tara Oaks PUD would be a requirement of any plat approval for the mUlti-family development portion of that PUD. 3. Knuth Road would also be permitted to be built on a prior to platting contract basis either in two phases (in any sequence) or all at one time, at any time prior to plat approval for either or both projects. 4. The portion of Phase I from the intersection at Mr. Christopher cutro Director Of Planning city of Boynton Beach January 4, 1993 Page 3 Woolbright Road, north to the north boundary line of the Church parcel, which constitutes a portion of the Tara Oaks PUD, would be built utilizing a prior to platting contract and no bond would be required in conjunction with same. If the next portion of Knuth Road to be constructed is the remainder of Phase I, then prior to commencement of that construction, the owner of the Knuth Road PCD (excluding the already approved service station site) would be required to execute and deliver and agreement in form and content reasonably acceptable to the City, pursuant to which the property owner would agree that should it fail to construct Phase II of Knuth Road wi thin four ( 4 ) years after completion of construction of the remainder of Phase I, then the City would, should it so elect, complete construction of Phase II, and have a lien against the Knuth Road PCD (excluding the service station site) to secure all reasonable costs and expenses incurred by the City in conjunction with the construction of same. If, on the other hand, Phase II is to be built prior to the completion of the remainder of Phase I, then the owner of the Tara Oaks PUD mUlti-family site would be required to enter into a similar agreement with the City prior to the commencement of construction of Phase II, so as to provide the city with lien rights against the mUlti-family site should the remainder of Phase I not be constructed within four (4) years after completion of construction of Phase II. 5. In recognition of the economic burden placed upon the owners of the Knuth Road PCD and Tara Oaks PUD and the fact that the city has been provided with adequate protection to ensure completion of construction of the road by virtue of the provisions of the foregoing paragraph, no bonding would be required with respect to the construction of any portion of Knuth Road and the City would agrees to waive its two percent (2%) fee that would otherwise be payable in conjunction with the construction of the road. 6. This proposal has been structured based upon the assumption by the property owners that they will be able to develop their properties as presently zoned and approved, as it is only from such development that the necessary resources can be obtained to pay the cost associated with the road construction. This being the case, we need the City to agree to grant all time extensions, as necessary, in lieu of commencing construction or platting, to maintain in effect the validity of all development orders and site plan approvals with respect to the Knuth Road PCD and Tara Oaks PUD or any portions thereof for a period of five (5) years following City commission approval of this proposal. Mr. Christopher Cutro Director Of Planning City of Boynton Beach January 4, 1993 Page 4 7 . The property owners I agreement to this proposal is conditioned upon receiving approval from the county Commission for impact fee credit with respect to costs incurred in conjunction with construction of Knuth Road against impact fees for the Knuth Road PCD and Tara Oaks PUD or, if the road or any portion thereof is built by some person or entity other than a developer of all or any portion of those parcels for reimbursement to be made for costs incurred in conjunction with the development of Knuth Road from the impact fees paid with respect to the PCD and PUD. Mr. Walker and Mr. Hurtel of the County Engineer I s office acknowledged that the County Engineer would support such a request for impact fee credit when presented to the County Commission for approval, but indicated that in order for the matter to be presented to the county Commission, the City needs to adopt a resolution reciting various justifications for giving impact fee credit for the construction of Knuth Road and requesting that the County Commission give such credit. Chris, it is my understanding that this proposal will now be submitted for City Commission approval. In accordance with the request of the City Engineer, I am having delivered to you with this letter copies of a sketch on which we have clearly identified the various properties a ortions of the road with which we are concerned, so that th m y be provided to members of the city Commission, City Manag r an City Attorney for their review and consideration. MAS:cl Encl. yours, OEDER cc: Mr. J. Scott Miller, City Manager, via telecopier Mr. Enrico Rossi, P.E., via telecopier Mr. Bill Winchester (Ltr\Cutro.lt3) . __ 1;'-'.......,1,..} l _ I J. Ll, _'~' tT..J.-i~ 1-t:JJ. S~lIDBR AHD T..A1l(!ID. P.A. A~8 AT LaIr OHB BOCA PLACE, SVITB 319 - ATlUDJI 2255 GLIlDBS ROAD BOCA RATOlf, FLORJ:DA 33"J~-7313 TEL8CQPZBR (~07) 241-0798 BOCA .aTOM ("07) 241-0300 PALM DBACB ~rr (407) 833-5605 ~ OOO.z~ (30') 421-0878 T'KY~COP:IBR TRAIISJIITTAL SHRR'r BJ:LLIHG no; ~LBCOPY If 0: 010-:51 (1) 738-7459 TO : FROIl; IIR. CBlU8'l'OPHBR CD'l'RO DmEC'1'OK OF PLAJIlIDIG IIl:C1IABL A. SCIIllOBDD RB; fJ."ARA OAU POD DATE : DeCeJaber 9, 1992 SPBCIAL I:IfBTRUCTIORS: Attached 18 a copy of the SUlIIDlary of costs as discussed. 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'",..... ....".M...'."... .... ..... '.-~-. m'. .,..-.. .. . ~\~...!:':H 1':"119If~"''''~' i~i.l r?1eatl:J1/~J.;K. ~ \lis. D~Ji1 1ci)rdIJPMOfI ~L~OOI-.m_ ..I..t::....l-'u. C)G , U <:l ; U 0 J->. ...".. 1 . ...>,~ "" I ." IX. L~..ll. C.9 cc: Engineering Planning GEE & JENSON EtlQI notl., lIteMeCIS- Pl&nt1~lu,lnc. December 2Q. 1 gg2 Mr. J. Scott Miller, City Manager City of Boynton Beach P.O. Bo)( 310 Boynton Beach. FI 33425-0310 Re: Tara Oaks P.U.D. - Knuth Road Intersection & L-26 Canal Crossing Prior to Platting Contracts Dear Scott: . , I ... Enclosed are two original prIor to platting contracts each for the two sectIons of Knuth Road to provide access to the church parcel In Tara Oaks P.U.D. Mr. Rle Rossi. engineer for the property owner has proposed using this method to build a portion of the required Improvamentl for the Tara Oaks P.U.O. blfore . plat Is recorded. This method I, commonly used by Palm Beach County. The developer Is entIrely at rIsk. No project approval for the church will occur until tne Improvements are completed. cenlfled to. and accepted by the City of Boynton Beach. The City Attorney hEal previously reviewed thell contreota and has approved their usage., I would suggest these contracts be pieced on the agenda of the neld City Commission agenda for approval by the City. Very truly Yours, WRS/bt 92'()25 Enel. ee: James Cherot w/enelo 'Chris ,Outro. w lencll VInce Flnlzlo Rle Rossi Gee & Jenson E"ln'7~S-Plann8r8. Inc. 1/0/( Ie fh~~-L W. Richard Staudlnger,PE City Engineer " ,: I, r. ! , I I I, One Hll'Iflld Clmle. W.e' Palm Be.cll.ll'lo,ldI3140;.\9:23. 407/883.3301 . FAX 407/888.14"6 RECEIVED DEe so 1992 CITY MANJ\G~R'S OFFICE -- RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH TARA OAKS DEVEWPMENT COMPANY IN CONNECTION WITH THE TARA OAKS P.U.D. (ROADWAY CONSTRUCTION NOT INCLUDING L- 26 CULVERT CROSSING), ATTACKED HERETO AS EXHIBIT "A", FOR THE CONSTRUCTION OF REQUIRED IMPROVEMENTS PRIOR PLAT RECORDATION ~ PROVIDING FOR CONFLICTS; PROVIDING SEVERABILITY~ PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tara Oaks Development Company has requested tha City to enter into a contract in connection with the construction of two sections of Knuth Road to provide aooes. to the church parcel in Tara Oaks P.U.D. before a Plat iQ recorded tor Tara Oaks P.U.D.: and WHEREAS, the City Commission hereby determines and authorizea the propor city offioials to enter into the aforemontioned oontraot in the form attaohed as Exhibit I.AIt; NOW, TaEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT; Section 1. The City Commission hereby approves and authoriEes the proper City officials to execute the contract wi~h Tar~ Oaks Development Company. Section 2. that all resolutions or parts of resolutions in cont11ct herewith be and the same are hereby repealed. sect!on -3.. In the event any portion of this ReSOlution is deemed invalid, illegal or unconstitutional by any court of competent juriSdiction, such decision shall in no manner effect the remaining portions or sections of this Resolution and shall remain in full force and effect. SIction 4. This Resolution shall becomQ effective immediatelY upon its passaqe and adoption. YMT/C1J [(WP)A:~AC""o&R],r.r'2] 12\30\~Z PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THIS DAY OF , 199 . CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Comtniasioner commiesioner Commissioner A 'I"I'BS T : CITY CLERI( (CORPORATE SEAL) VM'T/dJ t(WP)~;JAC\IB\Olt3\Tlr.2] 12\30\02 · (Rc~dw.y Con.t:uctlcn Not In~lu41nq L-26 Culv.:t 0:0..1n9' CC~TRAC~ PO. CONBT~VCTION OP R.OUIRmD HBH1! PRIOR TO PLAT RB~OROATIOH tM~~OVB- THIS . CONTRACT, ente:r;.d into thllll , 1'92, by Ta~a Oaks Develppment Com~any , a the State c! Flo~1da day of an~ between. eOJ:poratlon ot -OR- ~ an ln41vldual her1nafter teferred to as and CITY OF BOYNTON BEACH, a political of the State of rlor 1da, herelnaft=r as CITY: DEVELOPER, subcHvls10n reterred to WITNESS&:TH: WhEReAS, an ordinance known .. the Subdivision &n4 Plattin9 Requlat10ns of the City of Boynton leach, 'lorida ..tabllshas procedures and standards for the developm.nt and subdivision o! real ..tat. and for the aurveyln9 and platting th.%aoll zaqui:in; th. InstallatiGn of esztaln lmpzovsments and provldln9 penaltiaa for violationa .mon9 other thln9a, and, WHEREAS, . tlnal plat of a subdivision within ot Boynton aeach, Palm Beach County shall recorded until the develope~ h.. in.talled the Improvement.; and, WHEREAS, DBVBLOPBR 1s commenelng p~oe.e~ln9 to effect a subdivision of land 1n the City of Boynton Beach; an~, the 01 ty not be Required WHBRBAS, DEVELOPER requests the approval of eonstruct1on ~lanl ~rlor to the recordatlon of a proposed subdiv1s1on 1n the Cl ty of Boynton Beach, Plor Ida to be known as: TA~A OAk. ~.U.O. and, WHEREAS, th- City of Boynton Beach shall expend funds in the 1n.paction of eonst:uctlon of aequlre4 Imgrovementa. ~ow, TKlR2.0Ra, in ~Dnstd.ration of the intent and deelJ:e of DRVRLOP2R to galn e:n,'Y appzoval of I con.t~uction of plan., vla-a-vla & Land.. Development Permit, .rn! tea ..,."u:e tha.t c:on.tzouotion c:o",pl.l.. with the approv.d plana, OBYBLOPBR and aI~Y 4qre8 a. ~ollow.: 1. DZVBLO.BR a9~ec~ ~o, within t~ely. (12) month. f:o~ and aft8~ tha date of execution of this coneract, complete the Required Improvement. Eo: the subdivision -1- ... ~. __I '-.J. .J":'" lo-l .;,:;l . __......:.;. J"'*t,. .L~,.L ~ C...r .l:::.. .t::.. 6c ......t:.. ~"l .:::- \-'.... j 1- '....; -3 ~ CONTRACT FOR CONS TRUCrr ON OP RRaUrRRD IMDAnVR- ~ENTS PRIOR ~Q PLA' RRCORDATIQ~ (~nn~inUAd\ ~ to be known as Tara Oaks P.U.O.. Knuth R~~d - ~oolhriah~ Ro!o rn~ersec~lon. accordlnq to the construction plans apP~Dved by the City Enqineer, Identified 8S Knuth RoaQ - 'Woolbrlaht Road rnte~se~tfnn. e~~ludin9 Culvert Crossing pf ~-26 Canal; said plans _~. on file in tna Office of the City Enqineer and made pa~t of this contract by reference. 2. In ord.~ to pay !a~ requlred 1nspectior.5 the D2v&LOPRR .g~... to ~ay the CI~Y cwo porcent (2') of the ..tlmated ~~.t of all Requlred Improvements .s determined by a cezotlfled COllt e.timate prepa:r:ed byi Profe~Dlon.1 Enq1ne=~ :e91eta~ed in Flo%1d., and apptoved by and filed in the Off1ce o~ the Clty mn91neer, and mado a part ot this contract by reference. 3. DEVBLOPB& under8tan~s an~ aqrees that ShoulO he fer any reason :a11 or neglect to fulfill all obliqatlons under this contract, and if the Board of City Commlss1oners denie. exten.ion of this contract, the CI7Y shall be under no obliqatlon to approve recordation of DIVBLOPBRt. final plat, and .hall not 1n any way be liable for dam.qes .uffeEed by DBVBLOPBR due to the CITY'. tefusal to a~prove reeozdat1on of ..id ~lat; prOVided however, that the CITY may allow recordation of lald plat 1 f adeQuate surety is furnished by DEWLOPHR pursuant to Subdivision and Plattlnq a.qulaticn. OrdIn.nee No. 77-36, as amended. 4. CI~Y -iE... to ~.co~4 .aid plat of DBYBLOPBR upon the campl.cion of all Itnpzo".ment:a zequlred b)" thls cont:Gct. DBVBLOPBR fuzthez under.tand~ and 49ree8 that ahould ho fo~ any ~.a.on fall O~ ne91ect to tulfill all obl1qatlon:s unde~ this cO!1txac:t and lf the City Commission denies the extenelon ot thJs contz:act, the r.,.nd Development perm1 t shall become null and vOld, an.j: in erder to .ecure a SUb.equant Lana Development Permit, those plattln9 and 8ubd1vlalon EegU1atlons 1n effect at the time ot lubsequent app11cation shall qove:n. S. DEVELOPER understands and agrees that extensions of this contract will be qranted for twelve (12) months after'receipt of written request fO:t extension ant! if approved by the Board of city Commis.ioners. The writ~.n request .hall be accompanied by a cost estlmat~ of all ReQuited Improvement, which have not beer. completed. The cos t ..t im.te Ihall be prepared and certified by 4 Professional Enqln..r ~eql.te~ed in the state of Florida. .2. 12.30.92 09:09 AM "'GEE &. JENSON POl . . I It CONTRACT roft CONSTRUCTYON or R~ourRRp l~PROV2- . MENTB PRIOR ro PLAT RECORDATIQH LConclnuedl. ~. DEVlLOPBI furtner Unde2:stands and aqr ees thai: the City !n91neer may re-lnspect and may require the reconstruction ot any Required Im~rovement:s. IN WI'tBJ:SS WHEREO', thlse p~eB.nt., the partie. hereto this I 19 U-. hev. exec:ut:ed day of (COJlSlORA'l'J:) Tara Oak, Development Co~~anv , . ac~po~atiQn oi en. Stat. of ~lorida , DaVJILO>>JIR . Iy: By. Lik~~tJi 4 ' ,~ ,. ~ '~'\a\~,I.IIl'rtr..'~i, " ,..'/'. ;;;\i ~ . :; I,.. . ,/' 'to... ';: _ . ~, '1,. . ~~,~... ..'..l!:'~~., ...... I .,-. ~... {~ .... , (Im;t2:tsB lon.ble) :'r~'!:>l~:7I~ ,t;\~. ~~ '1 l'" . v. 00J...I 6)' ;;, · (Corporate .eal) /; "lP~. o~.. ' <.~ i ~ ; ..' ~ ~"''''''' v . 0(,\.... .~- , ':'-"'''~.. ~"'l.." ,I,.."; ..' j,; " An!:.'!': (INDIVIDUAL , - DIVBLOPD WI1'N.RIIRS: CI TY 0.... BOYNTON BEACH, Pr.,OftIDA, BX' ITS BOARD OF CITY COMMISSIONERS . ArTE!T: By: Ch.l~m.n JOHN B. DUNKLE, CLERK By: Deputy Clerk x. OLD BUSINESS A cc: Planning Engineering PLANNING AND ZONING MEMORANDUM NO. 92-258 TO: Carrie Parker, Assistant City Manager ~~-~ FROM: Christopher Cutro, Planning and Zoning Director DATE: December 30, 1992 SUBJECT: Knuth Road construction as a requirement of Tara Oaks PUD Richard Staudinger and I met with Michael Schroeder and Bill Winchester regarding this item on December 29, 1992. We would ask that this remain on the table at this time. Our meeting generated some new options for Mr. Schroeder and Mr. Winchester to consider. Even with these new options, I am hopeful thl.s item can be concluded at the second meeting in January. CC:cp C:92-258 " n IX. LEGAL C.8 cc: Engineering Planning GEE IJINION !;l"!llrwer6-ArCl'lII01l' !'IaflNl'l. In.:. December 2S, 1992 Mr. J. Scott Miller, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach. FI 33425-0310 Re: Tara Oaks P.U.D. - Knuth Road Intersection & L.28 Canal Crossing Prior to Platting Contracts De. Scott: Enolosed are two original prior to platting contracts each for the two sections of Knuth Road to provide aeon. to the church parcel In Ta... Oak. P.U.D. Mr. Rle Roul, engineer for the property owner h. propoaed using this method to build 8 portion of the required Improvements fOr the Tara Oaks P.U,D. ~ore a plat Is recorded. This method is commonly used by Palm Beach County. The developer is entirely 8t risk. No projeCt approval for the church wig ocour until the improvements are completed, certified to, and acc.pted b~ the City of Boynton Beach. The City Attorney has previously review"d these contracts and has approved thoir usage. I would suggest these contracts be placed on the agenda of the next City Commission agenda for approval by the City. Very truly Your., s-Planners. Inc. WRS/bf 92-025 Enct. ec: James Chero1 w/end. Chris Cutro w/encJ. Vince Flnlzio Rio Roul It W. Richard Staudinger, PE City Engineer Cne Harvard elrde. West Pa!m 8eacn, 1"IOrla& J340S.'9Z3 . 40T/ea3-3301 . F"X 407feee-?oI4G ~-_.-...............~ ......, RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH TARA OAKS DEVELOPMENT r:QMPANY IN CONNECTION WITH THE TARA OAKS P.U.O. (L.W.D.D. L-26 CANAL CROSSING ONLY), ATTACHED HERETO AS EXHIBIT itA", FOR THE CONSTRUCTION OF REQUIRED IMPROVEMENTS PRIOR PLAT RECORDATION: PROVIDING FOR CONFLICTS; PROVIDING SEVERABILIT~r PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tara Oaks Development Company has requ~sted the City to enter into a contract in connaction wi~h the construction of two sections of Knuth Road to provide ao~oss to the church parcel in Tara Oaks P. C. D. beforo a Pla't is racord.d for Tara Oaks P.U.D.; and WHEREAS, the city Commission hereby determine~ and authori2ea tho proper city offioiale to enter into the aforementioned oontraot in the form attached as Exhibit "A'l; NOW I THEREFORE, BE IT RESOLVED BY TKE CI'n: COMMISSION 01" THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Sectton 1. The City Comroiss1on hereby approves and authorizes the proper city offic1als to execuee the contract with Tara Oaks Development company. Section ~. That all resolut1ons ~r parts of resolutions in conflict herewith be and the sarne are he:raby repealed. Section 3. In the event any portion of this Resolution 1s deemed invalid, illegal or unconstitutional by any oourt of COMpetent jurisdiction, such decision shall in no manner effect the remaining portions or sections of this Resolution and shall remain in full force and effQct. Section ~. This Resolution shall becoma effeotive i1'\\ll\ediatelY upon its passaqQ and adoption. PASSED ANn ADOPTED BY THE CITY COMMISSION OF THE CIT~ OF BOYNTON BEACH, FLORIDA THIS DAY OF , 1~1'3 . $SG/dj [(WP)AIJAC\BB\o&~3\T.r"1 .2\30,92 ATTEST: CITY OF BOYNTON BEACH, FLORIDA Ma},Yor Vice Mayor commissioner Commissioner CITY CURl< (CORPORATE SEAL) SSC/rJj [~WP)AI~C'S8\o&ft"1ar.1J 12\]0\02 commissioner ", '..1 rOd: (L.W.D.O. L-26 Canal C:osslnq only> CON~A~ .~R CONS~pCTION Q. IIDUI~ED NEN'l'fJ PRIOR ~O PLA'.P RRCQPDA!'lON tHPROVl:- IfHJ. entered lnto this 1992, by , . COJrftac'l' , , day Of and between: c:o%pcrat1on of Tara Oaks n~XAlopm.~~ the stat. of r~orida ~~mp"""l. ..08- DINBLOl'n, .ub~1vls1on referred to ~ an individual herinaieer r.f~rrad to as end CITY OF BOYNTON B2ACH, . political of the staee oi "lor id., hereinalter' as CITY: WlTlIBlaBTH: WHEREAS, an or41nanee known as the Subdl~1.1on and Platt1nq Re9ulat1ons Of the C1ty of Boynton aeach, rlor 1da e.ta~115he. procedures and standazd. for the development and ,uDdlvision of zeal .state and ~cx the aurveylnq and plattlnq thereof, requ1r1nq the lnst.llatlon of certain improvements and prov1dlnq pen.ltie. for vlolatlon. amonv other thln9S~ and, WIQaIV..., a final plat of . subdivision with!n the City of Icynton aea~h, Palm Beach County shall not be ~e~orded unt11 the dsv.loper ha. installed the Required lmprove~ent., and, ~S, DBYBLOPBR 1. commencinq ;zoo..41ft9 to affect a SubdIvls10n of 1.n~ in the City o~ 8oyn~on ...ch; and, WHBIEAS, DBVBLOPBB ~equ..t. the .pproval of aon8t:uctlon plans pr10r to the r.cQ~d.tlon of . proposed eubd1vi8ion in the C1 ty of Boynton a.ach, Plo~ ida to be known as.' !4ra Oaks P.U.D.. . NOW, THIRlFORB, in cons14erat1on of the Intent and desire of DBWLOPU to qaln CITY appZ:Qval of constructlon of plans, vlz..-V1Z . Land Development Petmi t, and to a.sure that: const%uct1on Clompll.s with thQ ap~rov.d plans, DBVlLOPII and eI!! a9r.. IS follOWS: 1. DRVRtOPRR a;:... to, wlthln ewelve (12) months tz:om and .fte~ the dat. of execution of th1. ccnc~.ct, camplet. the Required ImpEcvementl for the subdivision -1- NOSN3r ..,. 3 JI'ld: 92:";'0 213 'A~ '7. r - COH~A~ .OR ~.gTRU~!QU o. RROUJpRD IMDROVR- MRN~a PRIPA .0 DLA~ "CORDA~JON '~on~lnued}. to b. knewn .. Tara Oak. P.U.D.. K"u~h Road - Woclb~iah~ ROA~ Inters.c~lcn. acco~dln9 to the ccnatruction plans approved by the city BD91neex, Identl~1.4 aD lnu~h Road - WQolbrlttht Aoad 1nter~ee~!~~ CUlvert ~%o.slna of L.26 Canal 9n1X; .aid plans are on ell. in tn. o!:1~e gf the C1ty In91nee~ and made part O~ thIs contrac: by reterenc.. 2. DBVELOPBR unde%stan4a and agr... that should he for any reason fail or neqlect to fulfill all obllqltlons IJnder this contract, and if the Baird of Ct ty Commissioners denie~ exten.ion of this contract, the CI,r shall be under no obllqat1on to ap~rove ~.coI~atlon of DEY.ILOPBR'. final ;lat In 1at. Oaks P.U.D., and shall net in any way be liable for dama;es suffered by DIVILOPER due to the CITY's ~efu.al ~o approve recordation of laid plat; provided however, that: the Cln may allow recordation of .aid pl,at if &dequ.see surety 1. !urn~~h.d hy DBVBLOPER puxauant to 1~~dlv1.1on and Plat:t1n9 la4jJulations OzcUnanCle No. '77-36, .. am.nded. 3. CX~ aq~ees to ~ecazd ..id plat of DBVBLOP" upon the completion of .11 impzovementa r.qul~ed by this caner.ct. DBVBLOPBa fa~th.~ ~nde~st.nds and 89r... thet ehould he for any ~aason fall O~ neglect to fUlfIll all obllg'atlons unCez this contzact and If the Clty CommJ.llon denies the extension of this contract, the Lan~ Development Permit .hall become null and void, and 1n order to ..cure a su~aequent Land Development Permit, those plattinq and subd1visIon re,ulatlons In effect at the time of subseQuent application shall govern. 4. DBVBLOPER understands an~ aqree. that extensions of this ccntract will be ;rantec1 for t....lv. (12) months af t:t!r receipt o! wr 1 tten request: for ext.ns ion and if approved by the Board of C1t~ Commissloners. The written r.quest shall be accompanied by . celt ..timat. of all ReQui~ed Improvements which have not be.n complet.d. 't'he eOI t f!st imate shall ,. prepaJ:ed and eer:1fl.d by .. Paoof...ional In9I.n..Z' re,i.tered 1n the stat. ol .lo~1da. -,,- ~~ ---!.~~ L3:E:..:L CDNTRAC~ ~R CONBTRUC!ION o. R~VrRRD I MPROVE- KENTS PRIOR TO PLAT RECORDA~!O~ (Continued), 5. DEVBLOPBR fu:ther understands and agrees that the elty Rnqlneer may ~e-ln.pect and ~y require the reconstruction of any Required Improvement.. IN WJ~JS WHEdOP, the.. ~:.L.nt.~ the parties J11P~o this ~ , 19 -U.... have exec:uted da~ of (CORPORA9) A'l"l'BB'l': T~~. Oaks Development Comp&ny I . co~pcr.t1on o~ the State Qf !lQxida , DJlVBLc>>a. .YI.~~tU- Iy: ",. II ~. " '1: , . ,,'- ~, " · 1('" -, , ....... ~;'''''''' oJ' , '" ."~~ ~li,~, ", .. , .. 'f"':"" ,,- " '. (Impz: ...1onable). "-: ~ ....:( t'.J "\."', (Coa:porat. .eal)''::,~. 1..w fl r:;:., , , .... ,t,;., ^... c"; ", ." " "'J I l(~ " ',: ...~ ..,I""'..... I......'" ".:' "'..",'.,!, "r.,.". .:",',.: "., t i- I', "'.", : :' t "I _. II ~ .' (INDIVIDU.aL) D.wr.OP.. WI'l'HBSsas I CITY or BOYNTON SIACH, FLORIDA, IY IT. IOARD or CITY COMMISSIONERS ATTEST: By: Chal:man JOHN B. OUNKLE, CLERK Iy: o.put~ Clltzk -3- \ ~ ROSSI AND ;~Al.AVASI ENGINEERS,' INC. CONSULTING ENGINEERS ~I~ -fIt(&M+ ~I~ 580 VILLAGE BOULEVARD, SUITE 140 WEST PALM BEACH, FLORIDA 33409.1904 (407) 689'()554 FAX: (407) 689.1109 December 11, 1992 . " -.... .-.- r.... '" ---. TM I.. .., '"~ l.~ ~ \...<ItI ... ." t ,..... I........ l 'lli;~ i rC-: :: "':f :'. ;". kl~ I~:\;:.t...~ ',.~ ;';-' J ; 1 i~ tkll . ,.,..,., . J' i)'" ...' .... ,. J DEe 1 4 1992 Mr. Richard staudinger city Engineer for City of Boynton Beach GEE & JENSON 1 Harvard Circle West Palm Beach FL 33409 GE-- & ..-".....'.IN. s. t:. ..J t:. ~ ".; :;> ''10,.'" .. Dear Richard: I checked with Mr. Winchester, who indicated that he will be hauling the excess excavation off-site, therefore, I have revised the unit price accordingly. If you have any questions, please don't hesitate to call my office. ER:mt cc: Bill Winchester CONSULTING ENGINEERS ~PV.~')11~q; if: e \~ff~~.I~I""'.)'J.~ . .... ", -:f} \; , , "'~ DEe t 4 1992 ROSSI AND MALAVASI ENGJNEERS. INC. GEL~ ~ "-N - ,. r:: Cl jc:.. ~ur\ December 11, 1992 (One of Five Pages) Tara Oaks P.U.D. Kuuth Road Summary of Costs Woolbright Road to South Line of L-25 Canal 41 + 20.28 to 49~00 49 + 00 to 68 + 15 $106,792 (Shalloway Est.) 143.748 $250,540 PHASE I South Line of L-25 Canal to Sta.'79 + 66.85 (Stonehaven Drive) Sta. 68 + 15 to 79 + 66.85 $161.346 PHASE II Hard Cost Grand Total 411,886 Permitting, design, construction Stakinq & Inspection (17%) 70,020 TOTAL $481,906 Assumes no bonding and that storm water retention integrated with apt. site. Page One Item No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. ROSSI AND MALAVASI ENGINEERS. INC. CONSULTING ENGINEERS Tara Oaks P.U.D. Kuuth Road Sta. 49 00 to 68 + 15 (So. Line of L-25 R/W DescriDtion Quantitv Clearing & Grubbing 3.5 AC Earthwork (hauled offsite) 10,000 Stabilized Subgrade 5,400 (12" @ 7.5 psi) Stabilized Shoulders 2,550 (6" @ 50 psi) 8" Shellrock Base 5,400 Type S-l Asphaltic Concrete 5,100 (1 1/2") Inlets (Ditch Bottom) 6 Type "c" Inlets (Ditch Bottom) Manhole Type P-7T 15" R.C.P. 18" R.C.P. 234 LF 24" R.C.P. 30" R.C.P. 78" R.C.P. End Wall (Rip Rap for 78" R.C.P. Page Two unit Price $3000 3.25 1. 50 1.00 4.75 2.50 1200 22.00 Amount $10,500 32,500 8,100 2,550 25,650 12,750 7,200 5,148 ROSSI AND MALA V ASI ENGINEERS. INC. CONSULTING ENGINEERS 15. Curb & Gutter Type "F" 16. 8' Bike Path Concrete 1915 LF 10.00 19,150 17. Guard Rail 18. 6' Masonry Wall (L-25 to Stonehaven Entrance) 19. Barricade L.S. L.S. 1,200 20. striping & Signage L.S. L.S. 4,000 21. Solid Sod 10,000 Sy 1.50 15.000 TOTAL $143,748 Page Three ROSSI AND MALAVASI ENGINEERS. INC. CONSULTING ENGINEERS Tara Oaks P.U.D. Kuuth Road Sta. 68 + 15 to 79 + 66.85 (Stonehaven Drive) Item unit No. DescriDtion ouantitv Price Amount 1. Clearing & Grubbing 1.5 AC $3000 $ 4,500 2. Earthwork (hauled offsite) 4,200 3.25 13,650 3. Stabilized Subgrade 3,240 1.50 4,860 (12" @ 7.5 psi) 4. Stabilized Shoulders 2,000 1.00 2,000 (6" @ 50 psi) 5. 8" Shellrock Base 3,240 4.75 15,390 6. Type S-l Asphalt Concrete 3,111 2.50 7,777 (1 1/2") 7. Inlets (Ditch Bottom) 2 1200 2,400 Type "C" 8. Manhole Type P-7T 9. 15" R.C.P. 138' 18.00 2,484 10. 18" R.C.P. 11. 24" R.C.P. 12. 30" R.C.P. 13. 78" R.C.P. 88' 190.00 16,720 Page Four ROSSI AND MALAVASI ENGINEERS. INC. CONSULTING ENGINEERS Tara Oaks P.U.D. Kuuth Road 14. End Wall (Rip Rap for 78" 2 ea. 5,000 10,000 R.C.P.) 15. Curb & Gutter Type "F" 1030' 5.50 5,665 16. 8' Bike Path Concrete 1915 LF 10.00 19,150 17. Guard Rail 200' 15.00 3,000 18. 6' High Masonry Noise 1000 LF 45.00 45,000 Barrier Wall 19. Striping & Signage L.S. L.S. 3,500 20. Solid Sod 3,500 SY 1.50 5.250 TOTAL $161,346 Page Five ;~-) / GEE & JENSON Engl neers-Architects- Planners, I nc. August 14, 1992 Mr. Chris Cutro, Director Planning and Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, FI 33425-0310 Re: Knuth Road Extension Dear Chris: It is my understanding that the developer of the church parcel within the Tara Oaks P.U.D.has requested that the City waive the requirement to construct all of Knuth Road between Woolbright Road and Stonehaven Drive if the church parcel is the only portion of Tara Oaks P.U.D. to be developed at this time. I do not have any problem with requiring only that portion of Knuth Road serving the church parcel be constructed at this time. This would entail the construction of Knuth Road from Woolbright north to the north property line of the church parcel within Tara Oaks P.U.D. This is not intended to in any way relieve Tara Oaks of the obligation to construct all of Knuth Road when any further development (such as the multi-family tracts) occurs. It is my recommendation that we obtain Palm Beach County's approval of any modification the property owner proposes in excess of the above description. For instance, should the property owner wish to distribute the cost of the roadway construction between his two properties (Tara Oaks P.U D. and Knuth Road P.C.D.), the City should require each development, with County concurrence, to be obligated to build the entire remaining roadway from the church parcel north to Stonehaven Drive. However the developer wishes to distribute these costs to his property is his business. But the City should not split the obligation between the two properties. Any split could, in my opinion, allow the partial construction of the roadway with a "missing link", Please call if you have any questions in this matter. Very truly yours, WRS:bf 92-049 cc: Vince Finizio Gee & Jenson Engineers-Architects-Planners, Inc. (C/M'.e/g~ . Richard Staudinger, P.E. City Engineer REr T . LEi ~IED .u 14 PLANNING DfPT I 'r One Harvard Circle. West Palm Beach, Florida 33409-1923.407/683-3301 . FAX 407/686-7446 - _. t~OV-13-' 92 11: 23 I D: LAW OFFICES TEL NO:407-241-0798 **862 P06 -- l~~ ~~~~ t~ - SCHROEDER AND LARCHE. P. ^. ATfORNEVS AT l.AW ONE BOCA Pl.A,CIl. SUITt 'J t 9 - A 1R1UM 12 ~ 5 CLAMS 1tO" D IIOCA RATON. f'LORlbA 3341,.n 13 ac)CA .AT(lH I~071 241-0100 PALM .IACH COUNTY "011'H.~605 IIlOWAltD ctlUNTlI,.;JJI 411.0&111 ft~ (4011 24. -0198 MICHAEL 11., &eM.OIDER W. LAWMMCE ~~ . . _IDA ..... KlAIID mJt1Wft1l Qun nAI\NINO j\,1IO \IllOIIAlI: UlWYD AUqU8t 3, 1992 'VIA ~gg~1!IER (1) 73B-74S9 j. Soo~t Hiller, city Hanage~ ci~y of Boynton Beaoh Post Office SOK 310 Boynton Beach, Florida 33425 Re; Tara. OakB/1{n.uth Road Construction De". SOQtt; AS you know, Knuth RO~d, south or Boynton Beach Boulevard, currently extends to the entrance to the Stonehaven residential development. The City Comprehensive Plan contemplates that Knuth Road 1s eventually to be built through to Woolbright Road. While the tactB surrounding the situation are somewhat complex, our request is relatively simple. In a nutshell, we are in a situation where the obl1qations imposed upon the owner of the Knuth Road p.c.n., pursuant to an Agreement with the Stonehaven Homeowner's Association which was inoorporated into the city 1 s project approval, are inconsistent with the requirement that the Tara Oaks project be saddled with the burden of constructing all of Knuth Road. our request is, therefore, that the City commission clarify the situation by imposing upon the Tara Oaks mUlti-family site the obliqation to construct Rnuth Road from the south side of the L-25 Canal to Woolbright Road, with the understanding that this portion of the road can be built in two phases, as already approved by tha City, and imposing the obliqation for the construotion of Knuth Road from the gouth aide of the L-25 canal north to the already oonstruoted port.ion of Knuth Road, upon tho o~ner of tho Knuth Road P.C.D. with construotion to b8 a requirement or condi~ion of platting. Fer some rea.on the dQvQlopor of ~he Stonehaven P.U.O. ~as not required t.o oonstruot the road the entire lenqth of the projeot. As a result, the Oity haa had to look to the owner. of properties that dontt; eVen front on the unconatructed portion of the road adjacent to stonehAven for its construction.