R97-116II
RESOLUTION R97-///~,
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A TRI-PARTY WALL CONSTRUCTION
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND 13ILL R. WINCHESTER, ELSIE A.
WINCHESTER AND M. FRANK FINROCK, CO-
TRUSTEES OF THE KNUTH ROAD TRUST DATED AS
OF NOVERMBER 15, 1996 (WINCHESTER) AND
SCHROEDER & LARCH, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on dune 19, 1990, Bill R. Winchester and the
Stonehaven Homeowners' Association entered into a written agreement
(copy attached hereto as Exhibit "B"), wherein Winchester agreed to
construct a wall on property owned by the Association; and
WHEREAS, in October, 1996, Winchester sold the property to Knuth
Gas & Oil, Inc., for the development of a service station; and
WHEREAS, the City of Boynton Beach conditioned the issuance of a
building permit' for the service station on the construction of a wall to act as a
buffer between a residential and commercial-zoned properties; and
WHEREAS, the attached Wall Construction Agreement serves two
purposes: 1) the City agrees that the posting of a cash bond by Winchester
in an amount equal to 110%of the cost of constructing the wall into the
hands of Schroeder & Larche, P.A., as escrow agent, is deemed to satisfy
the condition precedent for the issuance of a building permit for Knuth Gas;
and 2) the agreement sets forth details of the wall construction as well as
Winchester's obligation to construct the wall and the consequences of failing
to do so.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. This Commission does hereby authorize and direct the
Mayor and City Clerk to execute a Tri-Party Wall Construction Agreement
between the City of Boynton Beach and Bill R. Winchester, Elsie A.
Winchester and M. Frank Finfrock, Co-Trustees of the Knuth Road Trust
Deed as of November 15, 1996, and Schroeder & Larch, P.A. which
Agreement is attached hereto as Exhibit "A".
Section 2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this //~ day of July, 1997.
CITY OF BOYNTON BEACH, FLORIDA
~~ _~Vice Mayor '
Commissioner
ATTEST:
Cit~-(~lerk '~-
Commissioner
WALL CQNSTRUQTION AGREEMENT
This Wall Constr~tion Agreemer~t (the "Agreement") is made and
entered into this ~9~' day of //~r~_ , 1997, by and among
BILL R. WINCHESTER, ELSIE A. WINCHESTER and M. FRANK FINFROCK, CO-
TRUSTEES OF THE KNUTH ROAD TRUST DATED AS OF NOVEMBER 15, 1996
,, ~._~h^ste~,,~
( W~ = ~ ,, the CITY OF BOYNTON BEACH, FLORIDA (the "City"),
and ScHROEDER & LARCHE, P.A. ("Escrow Agent")
RECITALS
A. On June 19, 1990, the Stonehaven Homeowners' Association,
Inc., a Florida corporation (the "Association" Bill R. Winchester
(the predecessor of WINCHESTER) and MICHAEL A ;CHROEDER, TRUSTEE,
entered into that certain Agreement (the "Stonehaven Agreement")
pertaining to the obligation to construct walls in connection with
the (i) Boynton Beach Boulevard P.C.D.; (ii) the Knuth Road P.C.D.;
9nd .(~iii) Tara Oaks PUD. The Stonehaven Agreement has been amended
in that certain First Amendment to Agreement dated May 17, 1996
(the ~Stonehaven Agreement, as amended shall hereinafter be referred
to as the "Stonehaven Agreement copy of the Stonehaven
"B".
Agreement is attached hereto as
On October 8,
on Exhibit "A"
to Knuth Gas & Oil, Inc., a
Oil").
~ter sold the property
~reto (the "KnuthGas Property")
,rfda corporation ("Knuth Gas &
C. Knuth Gas & Oil desires to develop the Knuth Gas Property
as a service station.
D. The City has required that the walls to be constructed
pursuant to Sections II and III of the Stonehaven Agreement (the
"Walls") must be constructed prior to the issuance to Knuth Gas &
Oil of a building permit for the construction of the service
station.
E. The City has agreed that the condition specified in
recital D above shall be deemed satisfied if Winchester delivers to
the Escrow Agent a cash bond in an amount equal to one hundred and
ten percent (110%) of the cost of constructing the Walls.
F. The cost of constructing the Walls is Eighty-One Thousand
One Hundred Fifty ($81,150.00) Dollars.
G. Winchester has agreed.to deliver to Escrow Agent the sum
of Eighty-~ine Thousand Two Hundred Sixty Five and no/100
($89,265.00) Doilars (the "Escrowed Funds") which is equal to 110%
of the cost of constructing the Walls.
H. The parties have agreed to enter into this Agreement to
confirm (i) that the delivery of.the Escrowed Funds to the Escrow
Agent shall satisfy the condition precedent to the issuance to
Knuth Gas & Oil of a building permit for the construction of the
service station; and (ii) the terms and conditions under which the
Escrow Agent shall hold and disburse the Escrowed Funds.
NOW THEREFORE,
agreements contained
consideration, the re
acknowledged,
in consideration of the covenants and
herein, and other good and valuable
and sufficiency of which are hereby
~ as follows:
1. Recitals.
correct.
The rec!itals set forth above ~are true and
the requirement that
precedent to
of a service
satisfie¢
accordance
The City hereby agrees that
:ed as a condition
~rmit for the construction
be deemed
crowed Funds in
ement.
3~
Escrowed
The Escrow Agent hereby
[to the Escrow Agent the
4~
Stonehaven Agreement,
It is antic ,ated
or around
31, 1997 (
Pursuant to the terms of the
to construct the Walls.
Walls will commence on
~o later than December
hold the
in acco
The Escrow Agent shall
shall disburse them strictly
tions of this Agreement.
shall be
Funds to
upon presentment by sue
the approval of the
agrees to approve the
sufficient Escrowed
complete cons
authorize
further aut
Thousand One~!
deposit for
hereinafter
balance of the
mean the
and
Contractor'
construe
labor, material or
.. The Escrow Agent
time to time, the Escrowed
to construct the Walls
request for payment and
by the City. The City
payment, provided there are
with the Escrow Agent to'
itionally, the City hereby
to the Contractor, without
~ hen' s, the sum of Eight
($8,115.00) Dollars as a
Upon "completion" (as
w Agent disburse the
~ster. shall
provided (i) approval
City, ii) a Final
em contractor
all providing
in
construction
the City may either
In the event
by the Completion Date,
end the Completion Date, or
2
(ii) complete the construction of ~be Walls by either utilizing
City employees oran outside contractor. If the City elects option
(ii), the Escrow Agent is hereby authorized to disburse the balance
of the Escrowed Funds to the City. Notwithstanding the decision of
the City to exercise option (ii), Winchester agrees that in the
event the.Escrowed Funds are insufficient to complete construction
of the Walls, Winchester shall provide the City with any additional
funds needed to complete construction within three (3) days of
written notice. Additionally, in the event the Escrowed Funds
exceed the cost of constructing the Walls, the City agrees to
refund the difference to Winchester.
8. GeneralEscrQw Provisions.
A. Escrow Agent shall deposit the Escrowed Funds in an
interest bearing escrow account. The interest earned shall be
deemed part of the Escrowed Funds.
B. ~ Escrow Agent shall not be deemed to have knowledge
of any matter or thing unless and until Escrow Agent has actually
received written notice of such matter or thing and Escrow Agent
shall not be charged with any constructive notice whatsoever.
C. Escrow Agent's responsibilities are purely
ministerial in nature. Any reduction in the market value of the
Escrowed Funds while deposited with Escrow Agent shall be at the
sole.risk of Winchester. Escrow Agent has no duty to invest the
Escrowed Funds except as provided herein. Escrow Agent shall have
no liability in the event of any insolvency of any depository,
.re of any depository to pay interest or other earnings on sums
ited or should such depository fail, or refuse to release sums
or delay in the release or disbursement of same, it being
t Escrow Agent's sole obligation is to deposit the
in a~ interest bearing account and to authorize disbursement
accordance with the provisions hereof.
D. In the event Escrow Agent shall be uncertain as to
its duties or rights hereunder or shall receive instructions,
claims or demands from the City or Winchester with respect to the
Escrowed Funds or any other sums or things which may be held
hereunder, which, in its sole opinion, are ~n conflict with any
provision of thiis Agreement, Escrow Agent shall be entitled to
refrain from taking any action until it shall be directed otherwise
i~ writing by the' City and Winchester or by a final order or
judgment of.a court of competent jurisdiction.
E. It is agreed that the duties of Escrow Agent are
ministerial in nature and shall be expressly limited to the
ping of !the Escrowed Funds or deposit of same into the
hereinafter specified and for the disposition of same in
:dance with: this Agreement. Winchester hereby indemnifies
:row Agent and holds it harmless from and against any and all
liabilities, damages, costs, penalties, losses, ~ctions,
or proceedings at law or in equity, or any other expenses,
fees or charges of any character or nature, which it may incur or
with which it may be threatened, whether directly or indirectly
arising from or in any way connected with this Agreement, or which
may result from Escrow Agent's~ following of instructions from
Winchester or the City, and in connection:therewith, indemnifies
Escrow~ Agent against any and ~all expenses, including attorneys'
fee on, suit~ or or
res a
F. It is fu~
right to utilize the
other law firm sel,
shall not affect or
ent t
:'s
such
G. In the event
lawsuit by virtue of
Funds,
Escrowed
disburse t
dispositio e case.
to a
~crowed
the
(2)
H. In the event Escrow Agent tenderslthe EScrowed Funds
to the registry court of
interpleader naming Winchester, Escr¢ shallbe
released and relieved and
liability hereunder or
I. This Escrow
and.until it is Canceled
shall remain in
unless
(I) .Escrow
time upon giving notice toil
SO resign; provided,
shall take effect no ear[
notice of resignation; or
any
to
ten s of
(2) Upon~compliance wi~h all escrow provisions as
set forth in this Agreement.
to a successor escrow
hereinabove, Escrow Agent ~
the Escrowed Funds held
a court and request j
between inchester and the City
In the event the City and Winchester fail to agree
thin the
the right
into the,
interPl
~by,
any
.al~and
described
all of
of an
rights
or other
ids
in
either manner
duties
I of
in
row
Agent shall deliver all of the ~EScrowed Funds to the newly
appointed escrow agent designated by Winchester and the City.
L. Ail notices, certificates, requests, demands,
materials and other communications hereunder shall be in writing
and deemed to have been duly given (1) upon delivery by and to
the appropriate address of Winchester, the City or Escrow Agent
as set forth in this Agreement or (2) on the third business day
after mailing by United States registered or certified mail,
return receipt requested, postage prepaid to such address. All
notices hereunder shall be addressed to the respective parties at
the following addresses:
For Escrow Agent:
SCHROEDER AND LARCHE, P.A.
ONE BOCA PLACE, SUITE 319, ATRIUM
2255 GLADES ROAD
BOCA RATON, FL 33431-7313
For Winchester:
MR. BILL R. WINCHESTER
P. O. DRAWER 1240
BOYNTON BEACH, FLORIDA
33435
For the City:
THE CITY OF BOYNTON BEACH
c/o CITY ATTORNEY'S OFFICE
P. O. BOX 310
BOYNTON BEACH, FL 33425-0310
9. Choice of Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
10. Binding_ A=reement. This Agreement shall be binding
upon the parties hereto and their respective successors and/or
assigns.
11. Counter~_arts. This Agreement may be executed in
counterparts and all counterparts taken together shall be deemed
one and the same instrument.
IN WITNESS_WHEREOF, the parties have executed this Agreement
the day and year first above written.
(Signatures are continued on next page.)
Signed, sealed and delivered
an the presence of:
Prir
Prin~
Prin~ t
Print N~
Print
/
!
Name of~tness
Witness
of Witness
of Witness
CITY OF BOYNTON BEACH,
By:
Its:
FLOR I DA
By:
Its '~
!D~R AND L~R~HE, P.A. ,
-.
Jfch~ei A. Sch-roeder,
'resident
Bill R. Winchester, as Co'~rustee
of The Knuth Road Trust Dated as of
November 15, 1996
Print ~f Witness
Pri__n~ Name of ness
I
Elsie A. Winchester, as Co-Trustee
of The Knuth Road Trust Dated as of
November 15, 1996
J: \7\CLIENTS\WINCHEST\BOYOIL\WALL4.AGR 0010-053 (5/12/97)
EXHIBIT "A"
LEGAL DESCRIPTION
That part of Lc C, and E, Tract 9, THE PALM BEACH FARMS CO.
PLAT NO.8 Township 45 South, Range 43 East, Palm
Beach County, Florida, according to the Plat thereof recorded in
Plat Book 5, Page 73, of the Public Records of Palm Beach County,
Florida, described as follows:
Commence at the
the ~T
ct 9
to
of intersection of. the EaSt line of said
ight-of.way line for State Road 804, as
line is shown in Road Plat Book 2, Page
ecords of Palm Beach County, Florida; thence
said right-of,way line 15.01 feet to
thence continue South 88°28'40'' West,
of-way line 185.07. feet; thence South
eet; thence North 90°00'00'' East, 185.00
East of and th the said line of
°00'00" East g said parallel line
~d POINT OF BEGINNING.
7
EXHIBIT "B"
AGREEMENT
This Agreement entered into this ~day of June, 1990, b~
and between STONEI~VEN IIOMEOWNERS AS~0~ION, INC., a Florid~
corporation ("AssociatiOn") and BILL R. wINCHESTER (,,Winchester~ ~..
and MIC~LAEL A. SCHROEDER, TRUSTEE ("Schroede~").
"K
cur
of
Land
Text
~CD" and
~nt
a
and
WHEREAS, Winchester is the Applicant With respect to the
application known as "~nuth Road PUD" pending before the City of~
Boynton FlOrida and as a general partner of th~~
Partners owns the property which is the subject of th~
Knuth Ro , PUDapplicat~on' can bind the owner of same; and ~
WHEREAS, Winchester is th~ Applicant with respect to the
application known as "Tara Oaks' PUD" pending before the City of
Boynton Beach, Florida and is the Contract Purchaser of the
property which is the subject of the Tara Oaks PUD application;
and
WHEREAS, Association represents the property owners within
the residential development known as "Stonehaven PUD" lying
within the City of Boynton Beach, Florida; and
WHEREAS, Association is entering into this Agreement after
having a membership meeting at which a quorum was present and
having received the approval of a substantial majority of its
members as evidenced by a signed petition; and
W;~ERE~S, -Associatio~ and its members have had the~
opportunity to-review the various applications and to make such<~
inquiries with respect to same as they deemed appropriate
including meeting with representatives of the applicants; and
!
WHEREAS, Association is opposed to the development of the~-
property which Zs the subject of the "Boynton Beach Boulevard
PCD" as high density residential and to the development of
property which is the subject of the "Knuth Road PCP" property as
moderat~ density residential as contemplated by the current
Comprehensive Plan; and
WHEREAS, Association wishes to evidence its support for the
approval of the application with respect to "Boynton Beach
Boulevard PCD", "Knuth Road PCD", and "Tara Oaks PUD" provided
the Applicant with respect to each of same agrees to assure the
that such Applicant will, subject to the terms and
th below, cause certain improvements (described
bel¢ ~e on the real property which is the subject of
ion and on the real property of the Association
a~ and
WHEREAS, Winchester and Schroeder wish to assure the
Association that they, respectively, will, subject to the terms
and conditions set forth below, cause such improvements to be
made.
NOW, THEREFORE, in consideration of the mutual covenants
herein set forth, the parties agree as follows:
I. #Bovnto~ Beach Boulevard PCD".
A. Schroeder agrees that, provided the requisite
final government approvals for the Boynton Beach Boulevard PCP
application are obtained, he, as the developer/owner thereof,
shall make, or cause to be made, the following improvements and
other arrangements in connection with the development of the
property which is the subject of the Boynton Beach Boulevard PCP
application:
(1) The installation of a minimum twenty-five
(25) foot wide landscape buffer between the project and
Stonehaven PUD along the entire length of the adjacent property
lines. Buffer shall include:
(a) Four (4) foot high berm;
(b) Six (6) foot high masonry wall located
in the center of the buffer;
(c) Barbed wire barrier on top of the wall
subject to City of Boynton Beach approval;
(d) Landscaping which consists of a minimum
of two (2) rows-of shade trees twelve (12) to fourteen (14) feet
in height at time of planting, located on thirty (30) foot
centers. One row shall be placed on each side of the wall. Tree
location shall be staggered to provide the effect of fifteen (15)
feet on center separation.
-2-
(e) Construction of wall and berm shall-
occur ~imultaneously with site preparation and prior to the
commencement of construction of any buildings.
(2) .Maintenance of the wall,
landscaping on both sides of the wall shall ]
of the developer/owner.
of
ian Pines within
feet
in
Bo, , Florida.
upon
of
work to
Boynton
co all
y into and maintenance of a
.ontlnuous rodent and ~ , such
d into prior to commencement of closing/site
the property which is of the
PCD~application.
(maximum 25 feet)
center to be maximum o
heights will be']
(22) feet high.
to one story
of shopping
:(6)
shall be shielded
and rightS-of-way.
All
shall be; of low intensity and
from surrounding propertie~
(7) The architectural treatment at the rear o~--
the shopping center is to match ~he front of the shopping center.
(8) Screening and noise mitigation is to be
provided for all exterior mechanical equipment and to be located
at ground level if approved by the City Commission, City of
Boynton Beach, Florida.
B. In consideration of the foregoing promises, the
Association endorses the "Boynton Beach Boulevard PCD"
application and requests that the members of the City Planning
and Zoning Board and City Commission approve it.
II. "Knuth Road PCD".
A. Winchester agrees that, provided the requisite
final goverDment approvals for the Knuth Road PCD application are
obtained, he, ks the developer/owner thereof, shall make, or/~
cause to be made, the following improvements and otheZ~
arrangements in connection with the development of the property
which is the subject of the Knuth Road PCP application:
!
(1) A six (6) foot masonry wall shall be built-~
-3-
adjacent to the eas.t right-of-way line of Knuth Road from
Stoneh&ven PUD's north property line (adjacent to office
building) south along the north ri~ht-of-way line of the LWDD L-
25. The Association agrees to assist the developer in obtaining
approval to include this wall section in the development plans
for Knuth Road PUD subject to appropriate impact fee credits.
However, if impact fee credit can not be obtained, the
developer/owner shall construct this wall from his funds. Where
said walls meet at Knuth Road and Stonehaven Drive the placement
of said walls shall be done in manner reasonably suitable to the
Associa It is the
w with the
int~ and to accommodate location of guard .gates.
[See II ]
(.2) The Knu~h Road POD property owner shall be
required to provide maintenance for said walls for five (5)
years.
simultaneously(3) Construction of the wall shall occur
with site preparation and .prior to the
commencement ok construction of any buildings.
ar .... (4) The owner of the. Knuth Roa~ POD property will
p =lClpa=e as follows in providIng additional security of
Stoneha%en PUD:
Beach, Florida, of Stonehaven Drive from Knuth Road t~ LWDD L-25
t9 .s~cure theI safety, well being and property values of the
residents of Stonehaven PUD. These applications will commence
upon approval of this project bY the City Commission of Boynton
B~ach, Florida.
(b) Construction of the following masonry
wall segments which shall occur simultaneously with site
preparation and prior to the commencement of construction of any
buildings and (which will not be subject to any impact fees
credits):
1. A section of a six (6) foot high
masonry wall identical to wall in II-A-(i) fifty (50) feet in
length extending from the east right-of-way of Knuth Road
adjacent to the existing office building parking area along the
north property line of Stonehaven PUD.
2. Construction of a six (6) foot
masonry wall identical to wall in II-A-(i) along the north right-
of-way line of LWDD L-25 from a point parallel with the east
property line of "Tara Oaks PUD" easterly to the west' right-of-
way line of Stonehaven Drive. Said wall section shall commence
-4-
from the termination point of the wall section referenced 'in
Section-III below and will be the obligation of "Tara Oaks PUD".
extended from the
1'
north ] ' l~ne
a not
e
Construction of an identical wall__
th~
shal of ai ~
feet, in Order ta
the
(30)
available Stoneh~
for said walls for fi%
is
Irees to maintenance
(c) Upon a
abandonment of Stonehaven Drive,
Road ~roperty contribute
guard
to a imum
and style of
ent] to. b
dete
of a s requ
developer/owner of the
an :row
successful completion of the
the developer/owner of the Knuth
t of the construction of
to Stonehaven PUD up
($35,000.00). Type
the type of electronic
guard be
pursuant to thi~ the
property shall depositinto
~onably acceptable
.ir
owners
costs as
tel
n
s
,on to
set forth
or
O~
2 f~
guard ¢ con
Upon compl,
,-Five
remai s
owner.
trs
'.ion
of
be
(5) Installation of a traffic light in accordance
with governmental requirements at the intersection of Boynton
Beach Boulevard and Knuth Road.
B. In consideration of the foregoing promises, the
Association endorses the "Knuth Road PCD" application and
requests that the members of the City Planning and Zoning Board
and City CommisSion approve it.
III. "Tara Oaks ipUD",.
A. Winchester agrees that, provided the ,requisite__
final government approvals for the Tara Oaks PUD application are
--5--
obtained, he, as the thereof, shall make, or
cause 'to be made, improvements and other
arrangements in connection with the development of the property
which is the subject of the Tara Oaks PUD application:
(1) Construction of a six (6) foot masonry wall
along the north right-of,way line of LWDD L-25 from the east to a
point parallel with the east ~property line of "Tara Oaks PUD".
It is the intent that his wall section connect with the
stipulated wall section contained in the conditions of "Knuth
Road PUD". This wall shall be landscaped in the same manner as
the II-A-(4)-(b)-4 and developer agrees to provide
m for said wall for five (5) years.
land
south
cons
rows of
at t
local
feet ~
~) Creation
along of a twenty-f~ve wide
the .north propert~ line the
' lin, of the LWDD L-25 d~nal. That buffer will
which consists of a minimum of two (2)
twelve (12) to fourteel (14) feet 'in height
located on thirty foot Tree~
ered to provide ffect of men (15)~
forty (40) (3) No buildings shall be located closer than
from the north property line of "Tara Oaks PUD".
This set a minimum separation of one hundred seventy-
five (175) feet from the most northerly building to the closest
individually owned south property line of Stonehaven PUD.
sed on the foregoing, the Association endorses
the "Tara pplication and requests that the members of
theit. City Planning and Zoning Board and City Commission approve
IV. Miscellaneou~.
A. Walls contemplated by this Agreement shall 'be
masonry walls provided by Anchor Wall
Systems, or similar
construction, including pilaster caps on all columns with the
Association approving the color and texture on ali such walls.
B. Winchester and Schroeder agree to pay reasonable
attorneys' fees incurred by the Association for its-law firm to
review this Agreement.
V. A~reeme~t to Run With Land. It is the intention of the
parties tha~ th~ obligation to make the improvements and other
arrangements described in this Agreement, with respect to each of
the real properties which are the subject of the applications,
shall if the applications are approved, become covenants running
with the land and shall be binding upon the initial
developer/owner of the property and each property owner
-6-
thereafter so long as that person or entity shall have an
ownership interest in the property. Neither Winchester nor
Schroeder shall be under any personal obligation to make, or
cause .to be . made, the improvements and other arra
provided for in this ~ement
are th~
ulevai
if t~
of
of
with
'S
delivered
the full
this
other
Any
other_
the
:inal
)eot
Its
.ASS INC.
AS TO BILL R. WINCIIESTER
AS TO MICHAEL A. SCHROEDER,
TRUSTEE
( W inches ter\S tonel. Age\0 6/19/9 0 )
-7-
~.L
' ~ - TEE
P.,C.D
'vVa ti j~u:'SuaHt
t() SecIioH
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i
Wllll I)t~l:)t~;.l,~l I0 SttclioH II.^.(,IJlb)
./~'":;I ~ - . ·
'..~- ' ?~---~t=~. -~, -.
t. t ¢:,} ~!~'t..
?,11 al entry to be coordina,ed
existing entry
~ :..~ ,.. .... ~;~ ..... ~.~
',' ' ~"" .',~' I"~Q~t~-
HAVEN P.,J.D.
~ '': ~. ~.'~ . -
· . .. ;.: ~-;.
FIRST AMEND~-NT TO AGREEMENT
THIS FIRST AMENDMenT TO
STONEHAVEN HOMEOWNERS'
('Association')
and MICHAEL A.
into by --d
·. a, Florida
"Winchester")
entered into that certain A~reement ~ate~
,ct tO various matters pertaining to ~he
Enu~h Road pCD and Tara 'Oaks ~ (the
NOW,
1. Agreement
as £ollows =
· The wall
proJ eot for
north
25 Canal
est
security to
Beach in
are desirous o£modi£ying ~heA~reement
and other 9sod and vaXuabXa
and ~u££icAenCY of which are hereby
agree as follows:
II.A. (3) is hereby m~Afied to read
be bv/lt as part of ~he
~onetruction of the presentXy
of Enuth Road· running
Worth Drainage District L-
terminus. It is the
parties ~hat ~mis roa4way
opened £or use by the public
as ~hewall is constructed and
contemplated that the cost of
wall will be included An
the amount of --y bond or o~her
stedwith the City o£ Boynton
tion with road construation.'
2. Agreement paragraph II .A. (4)(b) shall be ms,hilled to read
as follows:
· Construction o~ the following masonry wall
segments, which shall occur contemporaneously
with the construction of the wall eegme~=
referred to in subparagraph II.A.(3} above
and: ·
3. Excep~ as modi£ied hereby, ~he Agreemen~ remains in
£orce -nd
S?ON'~I~RONRO~t'I~RS
& Plorid& corpor~ion
Dat:e:
B:I:LL Itj k--.L.'d'q,;,u, sS'~.s~ -
2