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R94-106RESOLUTION NO. R94-/,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM BETWEEN THE CITY OF BOYNTON BEACH AND MEADOWOOD GROVES, INC., AND WlLLARD ARNOLD; ACCEPTING A CORRESPONDING DEED CONVEYING THE PARK SITE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to execute an Addendum to the Agreement which was entered into between the CITY and MEADOWOOD, regarding the approval of a Master Plan Amendment, the conveyance of real property for a futura park, and the payment of funds by MEADOWOOD to the CITY to improve the roadway system in the vicinity of the Knollwood PUD; 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 does hereby authorize and direct the Mayor and City Clerk to execute an Addendum to the Agreement between the City of Boynton Beach and Meadowood Groves, Inc., and A/illard Arnold, a copy of which is attached as Exhibit "A", and accepts the Deed from Meadowood Groves, Inc., and Willard Arnold for the conveyance of real property for a future park site. passage. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this ,~ day of/~., 1994. ATTEST: CITY O..),F BOY TON BE~ACH, FLORIDA ! City"Clerk (Corporate Seal) Authsig.doc IMeaa0wood.Add 6/17/9~ FIRST ADDENOUM ~ ~//C~ b This is the first Addendum to an Agreement dated the. day of May, 1994, between the CITY OF BOYNTON BEACH, FLORIDA ("CI'i'~') and MEADOWOOD GROVES, INC., ("MEADOWOOD") and WILLARD ARNOLD WHEREAS, the parties have heretofore executed or will execute contemporaneously with the execution of this Addendum an Agreement regarding the approval of:a Master Plan Amendment, the conveyance of real property for a future park, .and the payment of funds by MEADOWOOD to the CiTY to improve the roadway system ~n the vicinity of the Knollwood PUD ("AGREEMENT"); and WHEREAS, the parties hereto wish to modify the rights and obligations of the parties as set forth in the AGREEMENT with respect to the future park property and a cash in lieu of land dedication for .6 acres. NOW, THEREFORE, the parties agree as follows: 1. In addition to conveying to the CITY the 5 acre future park site within the Knollwood Planned Unit Development, MEADOWOOD shall pay to the CITY cash in lieu of land for .6 acres of land calculated in accordance with the procedures set forth in Section 8, Article IX of Appendix C of the Code of Ordinances of the City of Boynton Beach. Payment shall be made within 60 days of written demand by the CITY but in no event later than 30 days following the determination of the fair' market value of the land as determined pursuant to Section 8. D of Article IX of Appendix C. 2. MEADOWOOD hereby warrants to the CITY that the 5 acre tract conveyed pursuant to paragraph 3 of the AGREEMENT is free and clear of environmental hazards, muck beds, buried debris, trash or other surface debris. 3. MEADOWOOD shall, at time of development of the PUD bring the 5 acre future park site to buildable grade at no cost to the CITY. Prior to development of the PUD MEADOWOOD shall take appropriate security measures to prevent contamination of or dumping on the 5 acre parcel. 4. MEADOWOOD acknowledges that any additional modification or revision to the Master Plan may require an additional dedication to the CITY. ATrEST: CITY OF BOYNTON BEACH BY: Mayor City Clerk MEADOWOOD GROVES, INC., Approved as to Form: BY: Its President City Attorney Willard Arnold