Loading...
R04-048 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O RESOLUTION NO. R04- Oq ~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE: 1) A SURETY ESCROW AGREEMENT IN THE AMOUNT OF $3,710.41, FOR SITE RESTORATION FOR THE LARGO POINTE SUBDIVISION, AND 2) A RELEASE OF UNITY OF TITLE FOR LARGO POINTE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of the Escrow Agreement is to ensure the restoration of the Largo Pointe development site to its original condition which includes such costs as road repair, seeding and mulching the site and damage to other public facilities, pursuant to Chapter 8, Article 6 of the land Development Regulations of the City; and WHEREAS, the City of Boynton Beach approved a site plan in June, 2003 for the development of a townhouse project known as Largo Pointe Villas, which property was affected by a Unity of Title, dated September 13, 1994, recorded in ORB 8426, at page 1578, Public Records of Palm Beach County, Florida; and WHEREAS, upon recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to: 1) accept and execute an Escrow Agreement between Phegley Corp., and the City of Boynton Beach, for the Largo Pointe subdivision, and 2) to accept and execute a Release of Unity of Title, copies of both documents being attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. The City Manager is hereby authorized and directed to execute an Escrow S:\CA\RESO~a, greements\Escrow Agreement and Release of Unity of Title - Largo Pointe.doc 1 Agreement between the City of Boynton Beach and Phegley Corp., and a Release of Unity of 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Title for Largo Pointe, copies of the documents being attached hereto and made a part hereof. Section 2. This Resolution shall become effective irnmediately upon passage. PASSED AND ADOPTED this "7 day of April, 2004. ty Clerk CITY OF BOYNTON BEACH, FLORDA ?¢,..,.~ (- ~.. ,.~' g'~' Vice M_ayor ~ .... / S:\CA\RESO~Agreements\Escrow Agreement and Release of Unity of Title - Largo Pointe.doc Prepared by/return to: James A.Cherof, City Attorney City of Boynton Beach P.O. Box 310 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 RELEASE OF UNITY OF TITLE THIS RELEASE is made and entered into on the I~' day of April, 2004, by the City of Boynton Beach, Florida, a political subdivision of the State of Florida. WITNESSETH: WHEREAS, Phegley Corp, a Florida Corporation, owns the following described parcel of real property (the "Property"): Lots 9 through 24 and 42 through 48 and Tract A of CHRISTIAN VILLAS PLAT NO.2, according to the Plat thereof, recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Florida. WHEREAS, the City of Boynton Beach has approved a site plan (June 3, 2003) for the development of a townhouse project known as Largo Pointe Villas, on the Prope~y. Saidpropertybeingaffectedbya certain Un±ty of Title agreed to by Mark Fassy in an instrument dated the 13th day of September 1994, recorded in Official Records Book 8426, Page 1578 in the Public Records of Palm Beach County, Florida(the"UnityofTitle"). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the execution and acceptance of this Release, STATE OF Fl nrida COUNTY OF Palm Beach BEFORE ME personally appeared who is personally known to me, or has produced as identification, and who executed the foregoing instrument as [Vice] President of , a Florida corporation, and severally acknowledged to and before me that [he][she] executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the free act and deed of said corporation. WITNESS my hand and official seal this day of .,2004. My commission expires: Notary Public (Seal) IN WITNESS WHEREOF, the City of Boynton Beach, Florida City Commission has authorized,, ._-its City Manager, attested to by the City Clerk to execute this Agreement this t ~ day of ~, 2004. I/ ,luI By: ~gO~ ~4d,4'~ Kurt Bres~n~r, City Manager ATTEST: Clerk City Attorney (City Seal) S:\CA\AGMTS~ESCROW AGREEMENT - Largo Pointe.rtf ESCROW AGREEMENT THiS ESCROW AGREEMENT, entered into this 7 day of ~ DC [ [ , 2004, by and between Phegley Corp., a Florida Corporation, hereinafte; referred to as the DEVELOPER, located at 2001 Intracoastal Drive, Fort Lauderdale, FL 33305, with the City of Boynton Beach, a municipal corporation located at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425, existing under the laws of the state of Florida hereinafter referred to as CITY. WITNESSETH: WHEREAS, DEVELOPER proposes to plat the development under the name of Largo Pointe; and WHEREAS, the CITY requires the DEVELOPER desires to deposit in an escrow account with the CITY the funds which will serve as a restoration surety as described and defined in Chapter 8, Atxicle 6 of the City's Land Development Regulations ("REGULATIONS"); and NOW THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto agree as follows: 1. Recitals. by reference. The foregoing recitals are tree and correct and are hereby incorporated 2. Escrow Amount. DEVELOPER hereby deposits into escrow with the CITY the sum of THREE THOUSAND SEVEN HUNDRED TEN and 41/100 DOLLARS ($3,710.40) (the "Escrow Amount"). The Escrow Amount shall be deposited in an interest bearing account and all interest earned thereon shall be added to the principal and thereafter considered part of the escrow Amount. The CITY shall hold the escrow Amount and disburse the same only in accordance with the terms of this Agreement. 3. Terms of Escrow. The purpose of the Escrow Amount is to ensure the restoration of the development site to its original condition which includes such costs as road repair, seeding and mulching the site, and damage to other public facilities, ("Scope of Work"), pursuant to Chapter 8, Article 6 of the Land Development Regulations of the CITY. The CITY shall release and disburse the Escrow Amount as follows: a. The deposited funds shall be released to the DEVELOPER only upon written approval of the City Engineer as the authorized representative of the CITY. Such approval shall be issued by the City Engineer in accordance with the requirements of the Regulations. Upon completion of the Required Improvements in accordance with the requirements of the regulations, the CITY by the City Engineer as its authorized agent, and in accordance with the requirements of the regulations, shall approve the release to the DEVELOPER of any remainder of said funds. b. If the CITY determines that the Scope of Work has not been completed in accordance with the approved plans and the City's Land Development Regulations, the CITY shall give written notice to the DEVELOPER itemizing the portions of the Scope of Work remaining uncompleted. If the Scope of Work remains uncompleted 30 days after the City provides written notice to the Developer, the CITY shall be S:\CAkAGMTS~ESCROW AGREEMENT - Largo Pointe.rtf authorized to utilize the remaining Escrow Amount as necessary to complete the Scope of Work. Release of the Escrow Amount shall be triggered by written notification by the City that the Scope of Work has not been performed. Any funds remaining in the Escrow Amount after the Scope of Work is completed by the CITY shall be returned to DEVELOPER. 4. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties thereto and their successors and assigns. 5. Notices. All notices given hereunder shall be in writing and shall be delivered to the respective parties either by hand delivery, certified U.S. mail, return receipt requested, Federal Express or other recognized overnight courier service, or by facsimile transmission with hard copy to follow. All notices shall be addressed to the parties at their addresses set forth below: DEVELOER: Phegley Corp. 2001 Intracoastal Drive Fort Lauderdale, Florida 33305 With copy to: Moraitis, Cofar & Kamey 915 Middle River Drive, Suite 506 Fort Lauderdale, Florida 33304 CITY: City of Boynton Beach Attn: Kurt Bressner, City Manager 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 With copy to: James A. Cherof, Esquire City Attorney 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 6. General Matters. This Escrow Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event any action, suite or proceeding is instituted as a result of any matter or thing affecting this Escrow Agreement, the parties designate Palm Beach County, Florida as the proper jurisdiction and the venue in which same is to be instituted. ATTEST: IN WITNESS WHEEOF, the parties hereto have set their hands and seals this2~} day ~o ~ I L ,2004. PHEGLEY CORP., a Florida corporation (h'npressionable corporate seal) S:\CAL~GMTSXESCROW AGREEMENT - Largo Pointe.rtf the City of Boynton Beach hereby releases the Property from the Unity of Title and declares the Property free and clear of the operation and effect of same. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year below written. THE CITY OF BOYNTON BEACH, a political Subdivision of the State of Florida d~rry Tabor, May~ ATTEST: BY: STATE OF FLORIDA COUNTY OF PALM BEACH: Clerk The foregoing instrument was acknowledged before me this 2004, by --~Tt'~'~,' .7',~.~/~ , Florida, who did nit take 'an oath. (Notary Seal) __ day of April, as the Mayor of the City of Boynton Beach, Notary Public ,,,.,~?,_//~2,,. Barbara M. Madden ~'~'~ Colllmi~ort # DD125274 Commission No. ~_g._t..a]~,}.~ ~ J~h~ 19. ~ My Commission Expires: '~,~,~ ~t~,,~c ~o~s co.. m~