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R94-105RESOLUTION 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 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GENE B. GLICK COMPANY, INC., 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 enter into an Agreement with Gene B. Glick Company, Inc., ("GLICK"), for the construction of Miner Road; 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 autho, rize and direct the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and Gene B. Glick Company, Inc., a copy of which is attached as Exhibit "A". passage. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this ~,~/ day of June, 1994. FLORIDA Vice Mayor Mayor Pro Comrr ' ATTEST: City,Clerk --- (Corporate Seal) Coi Authsig,doc ISunset. CaylRelease 6116/94 AGREEMENT THIS AGREEMENT, made this day of June, 1994, by and between the CITY OF BOYNTON BEACH, FLORIDA, (hereinafter referred to as "CITY") and GENE B. GLICK COMPANY, INC., (hereinafter referred to as "GLICK"). WHEREAS, GLICK is the owner of a certain parcel of land consisting of approximately_84 acres located within the municipal limits of CITY; and WHEREAS, on January 17, 1984, CIT~duly adopted Ordinance No. 83-48 which approved a rezoning of GLICK'S property to Planned Unit Development that was later purchased by Glick; and WHEREAS, a condition of approval of Ordinance No. 83-48 was that the then owner of the property was to construct Miner Road across the North frontage of the property fOr which construction GLICK later substituted its surety bond with the City; and "WHEREAS, the CIT~ has developed a plan whereby the City will undertake construction of Miner Road thereby relieving GLICK of ~construction responsibilities; and WHEREAS, CITY and GLICK desire to amend the conditions of approval for the Planned unit Development as set forth in Ordinance No. 83-48 concerning roadway improvement. NOW, THEREFORE, in exchange for the mutual covenants expressed herein, the parties agree as follows: 1. GLICK will make application for Road/Traffic Impact Fee Credits from Palm Beach County for the money paid by GLICK to CITY as specified in Paragraph numbered 4 below. CITY will adopt a Resolution supporting GLICK's request for impact fee credits. 2. In the event the County does not approve Glick's application for road/traffic impact fee credits within' 60 days after the execution of this Agreement, the money paid to the City referenced in Paragraph 4 below shall be refunded to GLICK, and this Agreement shall be null and void. 3. In the event the County does approve Glick's~application ...... for road/traffic impact fee credits, the money referenced in Paragraph 4 below shall be deemed earned by the CITY and no refund shall be required. The CITY shall use said funds to off-set its costs in the construction of Miner Road. The City's delay in construction or failure to.construct Miner Road will not delay or interfere in development on GLICK's property. 4. Within ten (10) days of execution of this Agreement bY all parties, GLICK shall deposit with the CITY Seventy-Nine Thousand, One Hundred Twenty-Four and no/100 ($79,124.00) Dollars t0 be applied toWard design and construction costs of Miner Road with said Dollars to be utilized by CITY for the design and ~-~ construction of Miner Road. CITY agrees to utilize said funds _ ~ solely for this roadway project. 5. CITY agrees that upon GLICKcomplying with the provisions s~t forthin Paragraph numbered 4 above and approval by the County of GLICK's application for road/traffic impact fee credits for such payment, GLICK shall have 'fully and completely satisfied GLICK's responsibility for the design and construction of Miner Road. 2 6. Within ten (10) days after approval by the County of GLICK's application for road/traffic impact 'fee credits and clearance of the payment referenced in paragraph 4 above, the CITY shall release to GLICK the Subdivision Improvement Bond in the principal amount of Fifty-Four Thousand, One Hundred Twenty-Three and 78/100 Dollars ($54,123.78), which bond was posted by GLICK for subdivision improvements for Chalet IV - Plat I. 7. GLICK shall convey to the CITY a temporary easement for the construction and maintenance of an approximately one (1) acre retention pond to capture the roadway drainage. The exact size and location of the retention pond shall be determined by the CITY and GLICK, based upon requirements of the Lake Worth Drainage District and the South Florida Water Management District. Ail costs associated with the construction of the temporary retention pond shall be borne by the CITY including reimbursement for the cost of moving the fences on the GLICK property, if necessary. No material excavated in conjunction with the creation of the retention pond shall be removed from'the property site. Upon development of the Melear PUD or earlier, the temporary retention pond may be relocated-at the option a~d discretion of GLICK or its successors. 8. This Agreement incorporates all terms and conditions negotiate(~between the parties and may not be amended except by written agreement between the parties~ This Agreement constitutes an enforceable agreement between the parties and in.the event of an action to enforce this Agreement, the prevailing party shall be entitled to recover attorneys' fees and costs from the party in 3 breach hereof. IN WITNESS WHEREOF, the undersigned have set.their hands and seals the day and year first above written. CITY ATTEST: Cit~ Clerk Mayor GENE B. GLICK COMPANY, iNC., BY: Glick.Agr 1/13/94 6/9/94