R98-110RESOLUTION NO. R98-//~
A RESOLUTION OF THE CITY COMMISSION 'OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN ESCROW
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND QUANTUM ASSOCIATES, TO SECURE
PERFORMANCE OF A SCOPE OF WORK TO BRING
PROPERTY INTO COMPLIANCE WITH THE
ECOLOGICAL REPORT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Quantum Park has been developed pursuant and subject to a
DRI Development Order originally approved by the City on December 18, 1984, as
thereafter amended; and
WHEREAS, pursuant t,o the Development Order, an ecological report was
prepared and approved for Quantum Park, originally dated August 4, 1996, as
thereafter, amended; and
WHEREAS, the parties have agreed that portions of Quantum Park owned
by the Quantum Community Development District have not been maintained in
accordance with the requirements of the Ecological Report; and
WHEREAS, an itemization of the scope of work required to bring Quantum
Park into compliance with the Ecological Report has been prepared by the City and
is attached hereto; and
WHEREAS, to secure the performance of the Scope of Work, Quantum
Associates has agreed to place a cash deposit in escrow with the City pursuant to
the terms of this Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute an Escrow
Agreement between the City.of Boynton Beach and Quantum Associates, to secure
performance of a Scope of Work to bring property into compliance with the
Ecological Report, said Agreement being attached hereto as Exhibit "A".
Section2. This Resolution shall become effective
passage.
PASSED AND ADOPTED this /.~ day of
June,
1998.
CITY OF BOYNTON
immediately upon
FLORIDA
Pro Tem
Co.m(-nissioner
Commissioner
ESCROW AGREEMENT
ESCROW AGREEMENT ("Agreement'), made and entered intqlthiso~ ~ay of June, 1998,
by and between QUANTUM ASSOCIATES, a Florida general partnership ("Owner") and the CITY
OF BOYNTON BEACH, a municipal corporation existing under the laws of the State of Florida
(the "City").
WITNESSETH:
WHEREAS, Owner is the owner of certain vacant lots in the Quantum Park Development
of Regional Impact ("Quantum Park") located in the City; and
WHEREAS, Quantum Park has been developed pursuant and subject to a DRI Development
Order originally approved by the City on December 18, 1984, as thereafter amended (the
"Development Order"); and
WHEREAS, pursuant to the Development Order, an ecological report was prepared and
approved for Quantum Park, originally dated August 4, 1986, as thereafter amended (the "Ecological
Report"); and
WHEREAS, the parties have agreed that portions of Quantum Park owned by the Quantum
Community Development District have not been maintained in accordance with the requirements of
the Ecological Report; and
WHEREAS, an itemization of the scope of work required to bring Quantum Park into
compliance with the Ecological Report has been prepared by the City and is attached hereto as
Exhibit "A" (the "Scope of Work"); and
WltEREAS, to secure the performance of the Scope of Work, Owner has agreed to place a
cash deposit in escrow with the City pursuant to the terms of this Agreement.
NOW THEREFORE, in consideration of the premises, the parties agree as follows:
reference..-
Recitals. The foregoing recitals are true and correct and are hereby incorporated by
2. Escrow Amount. Owner hereby depoSits into escrow with the City the sum of
$146,025.00 (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 secure performance of
the Scope of Work, such performance to be completed on or before June 1, 1999. The City shall
release and disburse the Escrow Amount as follows:
a. As the Scope of Work is performed, Owner may request release of that
portion of the Escrow Amount attributable to that portion of the Scope of Work theretofore
completed. Such request shall be in writing and shall be accompanied by such
documentation, as reasonably required by the City, confirming that the portion of the Scope
of Work for which payment is requested has been completed. Each partial release of the
Escrow Amount shall not exceed the amount estimated for each subcategory itemized in the
Scope of Work.
b. Upon completion of the Scope of Work, as reasonably determined by the City,
the remaining Escrow Amount shall be released to Owner.
c. If the City determines that the Scope of Work has not been completed by
March 1, 1999, the City shall give written notice to the Owner itemizing the portions of the
Scope of Work remaining uncompleted. If the Scope of Work remains uncompleted after
June 1, 1999, the City shall be 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 Owner.
4. Successors and Assigns. This Agreement shall inure to the benefit of and be binding
upon the parties thereto and their successors and assigns. Owner anticipates that the Scope of Work
will be performed by the Quantum Park Commtmity Development District (the "CDD"), as the entity
responsible for maintaining the common elements, including the environmental areas, within
Quantum Park. Accordingly, the City acknowledges that notwithstanding that the CDD or another
third party may in fact perform the Scope of Work, the Escrow Amount shall be disbursed only to
the Owner or its specifically identified successor or assign. In the event Owner assigns its interest
under this Escrow Agreement, a written copy of such assignment shall be provided to the City
identifying the name and address of the Owner's assignee.
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, remm receipt requested, Federal
-2-
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:
As to
Owner:
Quantum Associates
c/o Arthur Felsher
Simon Property Group
Merchants Plaza
115 W. Washington Street
Indianapolis, Indiana 46204
With copy to:
James G. Willard, Esquire
Shutts & Bowen LLP
20 N. Orange Avenue - Suite 1000
Orlando, Florida 32801
As to
City:
City of Boynton Beach
Attn: Kerry Willis, City Manager
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
With copy to:
James A: Cherof, Esquire
City Attorney
c/o Josias & Goren, P.A.
3099 East Commercial Boulevard - Suite 200
Fort Lauderdale, Florida 33308
6. Reliance. Other than as set forth in' the Scope of Work, the City hereby represents
that there are no other defaults or deficiencies with respect to the Quantum Park Ecological Report.
It is further acknowledged that the proposed purchaser of the remaining lots in Quantum Park,
Quantum Limited Partners, Ltd., shall be entitled to rely upon the foregoing representation.
7. General Matters.
of Florida.
This Agreement shall be construed in accordance with the laws of the State
B. In the event of litigation arising from the terms of this Agreement, the
prevailing party shall be entitled to recover both its costs and reasonable attorneys' fees, both at trial
and on appeal.
-3-
C. In the event the City is in doubt as to its duties under the terms of this
Agreement, the City shall have the option of filing an interpleader action in the Palm Beach County
Circuit Court and depositing the Escrow Amount into the registry of the Court. The nonprevailing
party in any such interpleader action shall be responsible for paying the City's reasonable attorneys'
fees and costs associated with such interpleader.
WHEREFORE, Owner and the City have executed this Agreement as of the day and year
first above written.
"OWNER"
QUANTUM ASSOCIATES, a Florida
general partnership
By: QUANTUM SIMON, INC., a
Indiana corporation, gene,ral partner
By: ~,o~ /~-~~
Print Name: ~ ~'~ ~ /~{3' }~ ~
Title: [/I c.-e~ ~r~ f .'~t~
[CORPORATE SEAL]
"CITY"
Approved As To Form
James A. Ql{erof, City Att0h~/ey -/
CITY OF BOYNTON BEACH, a municipal
corporation
ORL95 83879.2 - SMW
Draft Date 06105/98
-4-
LEISURE SERVICES: PARKS MEMORANDUM #98-98
TO:
FROM:
THROUGH:
RE:
DATE:
Quantum Associates
Kevin J. Hallahan, Forester/Environmentalist
John Wildner, Parks Superintendent
Quantum Park - Environmental Areas Deficiencies - REVISED
Items are in Italics
May 26, 1998
This memorandum is in response to the letter from James G. Willard of May 5, 1998,
pertaining to the above topic. The following is a listing of the seven major environmental
improvements on the Quantum Park properties. The tabular summary indicates the site
improvement, controlling legal document, and specific deficiency for each of the seven
improvements. The ownership/responsibility to bring these seven areas rolo compliance
is the Quantum Park Community Development District (CDD).
Seven Site Improvements:
Ownership/Responsibility:
1. Forty Acre Sand Pine Preserve CDD
2. Hardwood Swamp/Freshwater Marsh Habitat
CDD
3. Upland Vegetation Around 50% of Lake Perimeters
CDD
4. All Melaleuca, Brazilian Pepper, Australian Pine Removed
From Sites
CDD
5. Landscape/Irrigation of Roadway Medians/R.O.W' s
CDD
6. Sand Pine Preserve - Scrub "Fingers" Creation
CDD
7. Sand Pine Scrub-Microsites Preservation
CDD
TABLE OF CONTENTS
II.
III.
IV.
SITE IMPROVEMENTS #1, #2
site improvement, controlling legal document, specific deficiency
SITE IMPROVEMENTS #3, #4
site improvement, controlling legal document, specific.deficiency
SITE IMPVOVEMENTS #5, #6
site improvement, controlling legal document, specific deficiency
SITE IMPROVEMENT #7
site improvement, controlling legal document, specific deficiency
ESTIMATED REMEDIATION COSTS
Site improvements #1, #2
ESTIMATED REMEDIATION COSTS
Site improvements #3, g4
ESTIMATED REMEDIATION COSTS
Site improvements #5, #6
ESTIMATED REMEDIATION COSTS
Site improvement #7
Total estimated costs to complete all seven improvement areas
P~el
Page 2
P~e3
P~e4
Page 5
P~e6
Page 7
P~e8
Page I
Description: Forty Acre Sand Pine Preserve
Controlling Legal Document:
· Development of regional impact (D.O.) condition # 6c, pg. 4, pg. 13. ·
· Ecological Plan (E.P.) Document, pgs. 69-70.
Deficiency:
· ... provide and maintain suitable habitat for species...which are relocated into the
area(s)
· ...continued maintenance...
Remediation Activities:
· roads and trails removal
· exotic vegetation removal
· signage installation (optional)
· fence repair
· debris removal
· native trees/vegetation restoration
Description: Hardwood Swamp/Fresh Water Habitat
5.5 acres littoral zone, 6.0 acres seasonally flooded wetlands
Controlling Legal Document:
· D.O. condition #9c, pgs. 5,6
· E.P., pg. 7.5
Deficiency:
, ... shall be maintained and comprised of species that are representative of hardwood
swamp habitat..,
· ... assure the continued viability, health and function of the wetland.
Remediation Activities:
· exotic vegetation removal
· debris removal
· native trees/vegetation restoration
· irrigation systems restoration
Page 2
Description: Upland Vegetation Around 50% o£Lake Perimeters
Controlling Legal Document:
· D.O. condition #10, pg. 6
· E.P., pg. 7.5
Deficiency:
· ... provide and maintain a buffer of' native upland vegetation...
Remediation Activities:
· exotic vegetation removal
· debris removal
· native trees/vegetation restoration
· irrigation systems restoration
· allprivately-owned lots abuttingplanted lam edges will have a minimum of
left as a buffer, i.e. sodded natural or planted (as per City Code). No permanent
structures allowed in the buffer.
Description: Removal of all MelaleuCa, Brazilian Pepper and Australian Pine Trees
Controlling Legal Document:
· D.O. condition, #11, pgs. 6,7
Deficiency:
· ... all Melaleuca, Brazilian Pepper, and Australian Pine which occur on site shall be
removed.
Remediation Acti,~fies:
· exotic vegetation removal for CDD ownership/responsibility areas only,
· exis#ngprivately-owned lots addressed under City Code of Ordinance,
Environmental Chapter 7.5 and cleared on a lot-by-lot development.
Page 3
Description: Landscape/Irrigation of Roadway Medians/R.O.W' s
Controlling Legal Document:
· D.O. ~41,//42, pgs. 15,16
Deficiency:
· ...and subsequent maintenance shall be the obligation of the City (revised February
16, 1988, memo. ~90-200) now Quantum Associates.
Remediation Activities:
· replacement of missing trees, shrubs, sod and other vegetation in accordance with
City of Boynton Beach approved landscape plans (February 16, 1988).
· renovation of existing irrigation systems in accordance with the above landscape
plans for 100% coverage of trees/vegetation.
Description: Sand Pine Scrub "Fingers" Creation Addendum, (7) Acres February 6,
1987
Controlling Legal Document:
· Scrub Pine Scrub "Fingers" document, pgs. 1,2
, E.P. pg. 73.1
Deficiency:
· ... species richness, diversity, and percent cover will be monitored quarterly.
· ...temporary irrigation system
Remediation Activities:
· renovation/addition of temporary irrigation systems
· debris removal
· Dr. Don Richardson will submit a letter to the City Forester/Environmentalist to omit
site improvement #6from the requirements of this document.
Page
Description: Sand Pine Scmb-Microsites Preservation (12 Acres)
Controlling Legal Document:
, D.O. condition #91 c, pg. 10
* E.P. Amendment #3, December 20, 1988, original August 1986
Deficiency:
· all (12) acres have not been submitted to City of Boynton Beach or Treasure Coast
Regional Planning Council for final approval.
· proper maintenance of Sand Pine Preserve Area # 2 hem in abeyance for microsites
(12 acres) obltgation.
, proper maintenance of three sites currently approved as microsites byprivately-
owned
Remediation Activities:
· exotic vegetation removal
· debris removal
· replanting native vegetation
· allocation of remainder of 12 acres
Page 5
ESTIMATED COSTS FOR REMEDIATION TO IMPROVEMENTS
#1 Roads & trails removal $3,000
Forty Acre Sand Exotic vegetation removal $5,000
Pine Preserve Sig~age installation (optional) Completed
Existing fence repair $15,000
Debris removal $3,500
(Omittmgfi'ompla~O Replanting scrub fingers Omit
Sub-total $26,500
Monthly maintenance $750
Grand Total: $27,250
#2 Exotic vegetation removal $30,000
Hardwood Swamp/ Debris removal $2,000
Freshwater Marsh Replanting native vegetation $1,500
~tabitat Irrigation system renovation $1,000
Sub-total $34,500
Monthly maintenance $750
Grand Total: $35,250
Page 6
#3 Exotic vegetation removali Completed
Upland Vegetation
Around
50% of Lake Perimeters
#4
All Melaleuca, Brazilian
Pepper, Australian Pine
Removed From Sites
Debris removal
Replanting native
vegetation
Irrigation system renovation
Sub-total
Monthly maintenance
Grand total:
Exotic tree removals from
all sites
$2,000
Not required
$750
$2,750
See individual site
improvement estimated
costs
Notrequ~ed
$2,000
Pa~e ?
#5 Landscape/Irrigation
of
Roadway
Medians/R.O.W.'s
#6 Sand Pine Preserve
Scrub "Fingers" Creation
(Omitting from plan)
Replacement of missing
trees, shrubs, sod, and other
vegetation in accordance
with City of Boynton Beach
approved landscape plans
(February 16, 1988)
Renovation of existing
irrigation systems in
accordance with above
landscape plans for 100%
coverage of trees and
$10,000
$40,000
of
landscape and irrigation
(temporary)irrigation
systems
Debris removal
Sub-total
Monthly maintenance
(specifically for these
"fingers")
Grand total
$12,000
$62,000
Omit
Omit
Omit
Omit
Omit
Pa'§e 8
#7
Sand Pine Scrub -
Microsites Preservation
Exotic vegetation removal
Debris removal
Replanting native
vegetation.
Sub-total
Monthly maintenance
Grand Total
Total estimated costs to
complete all seven
improvement areas:
$2,000
$1,500
$1,500
$5,000
$500
$5,500
$13~750
KH:ad