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