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R08-121 II , I RESOLUTION NO. R08- /;.1 2 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6. BOYNTON BEACH, FLORIDA, APPROVING AND I 71 AUTHORIZING THE CITY MANAGER EXECUTE AN 8 AGREEMENT BETWEEN THE CITY OF BOYNTON 9 BEACH AND D.R. HORTON, INC., FOR TRAFFIC 10 SIGNALIZATION; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, construction of a traffic signal at Gateway Boulevard and Quantum 15 Boulevard is a condition of approval borne by D.R. Horton as part of the development of 16 Parkside Townhomes in Quantum Park; and 17 WHEREAS, the Palm Beach County Traffic Division has determined that 18 construction of the traffic signal is now warranted; and 19 WHEREAS, the attached agreement sets forth that the City will retain the Knollwood 20 subdivision impact fees of $136,300 and apply these fees to the cost of traffic signal 21 construction at Gateway Boulevard and Quantum Boulevard; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon 23 recommendation of staff, deems it to be in the best interests of the residents and citizens of 24 the City of Boynton Beach to approve and authorize the City Manager to execute an 25 Agreement between the City of Boynton Beach and D.R. Horton, Inc., for traffic 26 signalization. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed S:\CA \RESO\Agreements\DR Horton Traffic Signalization.doc - I - II I as being true and correct and are hereby made a specific part of this Resolution upon adoption 2 hereof. 3 Section 2. Upon recommendation of staff, the City Commission of the City of 4 Boynton Beach, Florida does hereby approve and authorize the City Manager to execute an 5 Agreement between the City of Boynton Beach and D.R. Horton, Inc., for traffic signalization, 6 a copy of which is attached hereto as Exhibit "A". 7 Section 3. That this Resolution shall become effective immediately upon passage. 8 PASSED AND ADOPTED this ~ day of October, 2008. 9 10 CITY OF BOYNTON BEACH, FLORIDA II 1-~~ 12 13 14 ~yor-J T or z~ 15 16 17 18 19 Commissi'<mer - Ronald Weiland, 20 J // . "./ ~ _/ . / 21 /. .... .-.: r-"cc. . ." ..-to'l t c _ / -c7 ( .... " ,.",. 22 ./ co~Xr/~ 23 24 ~ 2issioner - Marlene Ross 25 26 27 ATTEST: 28 29 30 31 M. Prainito, CMC 32 Clerk,. ,.;.., ;'t 33 34 : . ,,' 35 (G~tpbrati"~f:).. '.. 36 j~< .'.;: ';;," . ,', ' '; ",'.;., ;,' ,-j ~;' S:\C~~O\Agreements\DR Horton Traffic Signalization.doc - 2 - R 08 - (3..l AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND n.R. HORTON, INC. TRAFFIC SIGNALIZATION THIS AGREEMENT, which is made and entered into on the q#r day of NN'i#lAJer , 2008, by and between the CITY OF BOYNTON BEACH, a municipal corporation in the State of Florida, ("CITY") and D.R. HORTON, INC. ("HORTON") both being hereinafter referred to collectively as the "parties." WITNESSETH: WHEREAS, the City issued a Development Order dated May 10, 2002 which granted a new technical site plan with waivers for a fee simple townhouse project commonly referred to as Quantum Townhomes East/West (alkJa Parkside); and WHEREAS, conditions 16 and 17 of the Development Order required Horton to provide a traffic signal at Quantum Boulevard and Congress A venue and at Quantum Boulevard and Gateway Boulevard; and WHEREAS, conditions 16 and 17 of the Conditions of Approval did not specify or limit Horton's monetary obligation with respect to providing traffic signals; and WHEREAS, subsequent to the issuance of the Development Order Palm Beach County Traffic Engineering modified design standards for signal requirements to require mast arm construction in lieu of span wire construction; and WHEREAS, the County's change in design standards will result in a signalization cost higher than the costs anticipated at time of issuance of the Development Order; and WHEREAS, Horton, paid $136,300.00 to the City for impact fees related to Knollwood PUD, and City was to refund Horton the aforementioned amount; and WHEREAS, City and Horton entered into an Agreement on February 28, 2006, regarding the Knollwood PUD, for which in exchange for the refund of impact fees in the amount of $136,300.00, Horton would be required to complete and temporarily maintain a park site in that development; and WHEREAS, Horton has requested relief from the monetary impact resulting from conditions 16 and 17 of the Development Order and the City has acquiesced to providing relief as hereinafter set forth in this Agreement; and Page 1 WHEREAS, Horton and City, through negotiations have reached an agreement to resolve all issues arising from the City's requirement for completion of signalization arising from the Parkside Development Order and the park and impact fees issues arising from the Knollwood PUD project. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein contained, and for other good and valuable consideration, the receipt and sufficiency of which the parties expressly acknowledge, the parties hereto agree as follows: 1. The foregoing whereas clauses are true and correct and incorporated herein by reference. 2. The parties intend, by execution of this agreement, to settle all claims and disputes by each against the other, as they may relate to this Agreement. 3. City accepts all maintenance responsibility for the Knollwood PUD Park Site and Horton is released from all further obligation under the February 28, 2006 Agreement between the City and Horton. 4. Horton and City agree that Knollwood $136,300.00 impact fee will not be refunded to Horton and will instead be applied as surety funds for Horton's obligations for signal construction arising from the Parkside project. 5. Horton and City agree that the $136,300.00 surety funds will be used by the City to offset costs of signal construction. 6. City acknowledges that the City will assume construction costs, all responsibility for the mast arm signal, and all liabilities that may result from the construction of mast arm signal and in lieu of a span wire signal. 7. Horton will have no other financial responsibility for signal construction at Gateway Boulevard and Quantum Boulevard or Congress A venue and Quantum Boulevard other than contemplated by using the $136,300.00 Knollwood impact fees. 8. Should the City not have signal construction under contract within thirty-six (36) months of this agreement ratification, the City agrees to return the signal surety to Horton. 9. Horton agrees that this agreement serves as final resolution to all outstanding matters related to Knollwood Park impact fees, construction and maintenance of Knollwood PUD Park, and resolution of matters pertaining to the specific portion of the Parks ide Development Order related to signal construction on both Gateway Boulevard at Quantum Boulevard and Congress A venue at Quantum Boulevard. Page 2 10. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and at the same shall remain in full force and effect. II. It is hereby agreed to by the parties that no waiver of breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 12. Except as otherwise provided herein, any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties. This provision pertains only to the parties to the Agreement. 13. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 14. None of the provisions, terms, or obligations in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 15. The City and Horton concur that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. IN WITNESS WHEREOF, the City of Boynton Beach has caused this Agreement to be signed in its corporate name by its Mayor and its corporate seal to be affixed hereto, attested by its City Clerk, and signed by Horton the date and year first above written. Signed, sealed and delivered in the presence of the following witnesses D.R. HORTON, INC. :~ ~ a. ~#t / BY:" .- ----. ( Ig~ture) Title: ~d..E 7,~~ ~~.. 6-n-pZ ~ ~~ ,....y....-- \ ~""-lt.~,....~<<J....-"2."-..: (p nt name) t Page 3 STATE OF FLORIDA ) ss: COUNTY OF BROW ARD ) I hereby certify that the foregoing instrument was acknowledged before me this y-J.- day of t0c.....e~b-~ , 2008, by 'Yo ,,,AI k)I~,,:H ~p~ ,as President of D.R. HORTON, Inc. He/She i~ersonally know19to me or has produced \.....1/A, as identification and did (did not) take an oath. Sign: ~."""-' , -/ . Notary Public Stale of Florida Notary PUl51ic l;j~ Jeremie Faber Print: }~~~\\ e.. r',~\-6'" . . My Commission 00660466 '!l,C ,~ ">t OFf'o~ Ex ires 04/08/2011 ,-=, My commission expires: I-i. <) -II ATTEST: CITY OF BOYNTON BEACH BY~ ~. P~BY: ~t!~ ty Clerk Kurt Bressner City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Page 4 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) I hereby certify that the foregoing instrument was acknowledged before me this ~ day of o r::tFfx..~ , 2008, by Kurt Bressner, as City Manager of The City of Boynton Beach, Florida, a municipal corporation on behalf of the municipality. He is personally known to me or has produced as identification and did (did not) take an oath. ": D . i/ . _. 1'_ Sign: ~,,~.. \ NotarfPublic j . Print: S k~ IJk,lllC' . 1(4 jt';J MYCOmmi55ioneXPires:~, , )"~ ,} ,\HUittl S ..'t'~"';-.?y p(.//", tefJ~l 'Po( r~ '....1"1.,.." {!-'j"~~'% "~ .~. :,'" ",',' :'~:,:j '. : 1-, .' ~,Curn~ ; L..;.J\..,f) -.,; }4 : . Jr ~~;...:Z:):.~<:~l;'~';~\"'\;'ITi;' l\1~'\' ,~h ~h . ":;~OF'CS;-'~..:: .L., ~~ '-" lh! '111111\\''> W~\'\)'...4.bJ~;'):~..' Page 5 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org MEMORANDUM TO: Jeff Livergood Public Works Director FROM: Janet M. Prainito City Clerk DATE: October 29, 2008 SUBJECT: ROB-121 Agreement between the City of Boynton Beach and D.R. Horton Inc. Traffic Signalization Attached for your handling is the partially executed agreement mentioned above and a copy of the Resolution. Once the document has been fully executed, please return the original document to the City Clerk's Office for Central File. Thank you. ~Yn.~ '-. Attachments (2) C: Central File & Followup S:\CC\ WP\AffiR COMMISSION\Deparlmental Transmittals\2008\Jeff Livergood R08-121.doc America's Gateway to the Gulfstream