R12-027R
1
2 RESOLUTION NO. R12 - 0a7
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING A LAND DEVELOPMENT
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND GULFSTREAM GARDENS, LLC.,
9 THAT OUTLINES TERMS AND CONDITIONS
10 ABOVE THOSE CONTAINED IN THE CONDITIONS
11 OF APPROVAL FOR SEABOURN COVE PUD
12 PHASE II SITE PLAN SUBMITTAL; AUTHORIZING
13 THE MAYOR AND CITY CLERK TO EXECUTE
14 THE LAND DEVELOPMENT AGREEMENT; AND
15 PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, the Land Development Agreement between the City and Gulfstream
18 Gardens, LLC., outlines terms and conditions, including but not limited to, the Developer
19 constructing a private water and sewer system similar to that approved in the Phase I
20 Agreement and to improve a 50' wide area of right -of -way along the east side of Old
21 Dixie Highway adjacent to the subject properties; and
22 WHEREAS, upon recommendation of staff, the City Commission of the City of
23 Boynton Beach Florida deems it to be in the best interest of the citizens of the City of
24 Boynton Beach to approve and authorize execution of the Land Development Agreement
25 ' between the City of Boynton Beach and Gulfstream Gardens, LLC for Seabourn Cove
26 Phase II.
27 1 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
30 as being true and correct and are hereby made a specific part of this Resolution upon
31 ; ; adoption.
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1 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
2 approves and authorizes the Mayor and City Clerk to execute the Land Development
3 Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC., which
4 outlines terms and conditions above those contained in the Conditions of Approval for
5 Seabourn Cove PUD Phase II Site plan submittal, a copy of the Agreement is attached
6 hereto as Exhibit "A ".
7 Section 3. That this Resolution shall become effective immediately.
8 PASSED AND ADOPTED this
3 day of April, 2012.
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26 ATTEST:
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29 an M. Prainito, MMC
30 City Clerk
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34 (Corporate Seal)
35
CITY OF BOYNTON BEACH, FLORIDA
Corsioner — /rlene man
Commissioner — s
940\2387\Reso_ _Gulfstream_ Gardens _Dev_Agmt_(Seaboum_Phase_II) doc
CITY OF BOYNTON BEACH
LAND D EVELOPMENT AGREEMENT
THIS AGREEMENT, made this day of , 2012, by and
between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation and a
political subdivision of the State of Florida with an address of 100 East Boynton Beach
Boulevard, Boynton Beach, Florida, 33435 (hereinafter referred to as "City ") and
GULFSTREAM GARDENS, LLC., a Florida limited liability company with an address
of 601 Bayshore Boulevard, Suite 650, Tampa, Florida 33606 (hereinafter referred to as
"Developer ").
WIT NF.SSFTH:
WHEREAS, this Agreement is the culmination of negotiations and mutual
understandings held by the parties, and the parties wish to establish by agreement the
terms under which certain Property as hereafter defined may be developed; and
WHEREAS, the Developer holds the fee simple title in certain real property
located in the City of Boynton Beach, currently referred to as Seabourn Cove PUD Phase
II (such property being referred to herein as "Phase II" or the "Project "), City File No.
NWSP 12 -001, and such property is described on Exhibit "A" attached hereto; and
WHEREAS, the site plan for Phase II (the "Plan ") is presently under review by
the City; and
WHEREAS, the Developer also holds the fee simple title in certain real property
located in the City of Boynton Beach, currently referred to as Seabourn Cove PUD Phase
I (such property being referred to herein as "Phase I "), which property is governed by an
approved Land Development Agreement approved pursuant to City of Boynton Beach
Resolution No. R090176, approved on or about December 1, 2009, a true and correct
copy of which is attached hereto as Exhibit "B " ; and
WHEREAS, the parties desire to provide assurances to the Developer that it may
proceed in accordance with existing laws and policies, subject to the conditions of this
Agreement, in order to strengthen the public planning process, encourage sound capital
improvement planning and financing, assist in assuring there are adequate capital
facilities for Phase II, encourage private participation in comprehensive planning, and
reduce the economic costs of development; and
WHEREAS, this Agreement is a "Developer's Agreement" as that term is
defined in Florida Local Government Developer Agreement Act (Section 163.3220 -163-
3243, Florida Statutes) and City Ordinance. In the event of any conflict between the
terms or conditions of this Agreement, the Act and the Ordinance, the terms or conditions
of the Act shall control.
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Return to (enclose self- addressed stamped enve ■open
Name ff
Address 1 1 111111l4111111rnIij11
CFN 2012025260 1
OR BK 25292 PG 0161
RECORDED 06/27/2012 11:08:17
Palm Beach County, Florida
Sharon R. Bock, CLERK & COMPTROLLER
figs 0161 -- 174; (14pgs
R t a,- oa7
CITY OF BOYNTON BEACH
LAND DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this �� day of , 2012, by and
between the CITY OF BOYNTON BEACH, FLORID , municipal corporation and a
political subdivision of the State of Florida with an address of 100 East Boynton Beach
Boulevard, Boynton Beach, Florida, 33435 (hereinafter referred to as "City ") and
GULFSTREAM GARDENS PHASE II, LLC., a Florida limited liability company with
an address of 601 Bayshore Boulevard, Suite 650, Tampa, Florida 33606 (hereinafter
referred to as "Developer ").
WITNESSETH:
WHEREAS, this Agreement is the culmination of negotiations and mutual
understandings held by the parties, and the parties wish to establish by agreement the
terms under which certain Property as hereafter defined may be developed; and
WHEREAS, the Developer holds the fee simple title in certain real property
located in the City of Boynton Beach, currently referred to as Seabourn Cove PUD Phase
II (such property being referred to herein as "Phase II" or the "Project "), City File No.
NWSP 12 -001, and such property is described on Exhibit "A" attached hereto; and
WHEREAS, the site plan for Phase II (the "Plan ") is presently under review by
the City; and
WHEREAS, the Developer also holds the fee simple title in certain real property
located in the City of Boynton Beach, currently referred to as Seabourn Cove PUD Phase
I (such property being referred to herein as "Phase I "), which property is governed by an
approved Land Development Agreement approved pursuant to City of Boynton Beach
Resolution No. R090176, approved on or about December 1, 2009, a true and correct
copy of which is attached hereto as Exhibit "B "; and
WHEREAS, the parties desire to provide assurances to the Developer that it may
proceed in accordance with existing laws and policies, subject to the conditions of this
Agreement, in order to strengthen the public planning process, encourage sound capital
improvement planning and financing, assist in assuring there are adequate capital
facilities for Phase II, encourage private participation in comprehensive planning, and
reduce the economic costs of development; and
WHEREAS, this Agreement is a "Developer's Agreement" as that term is
defined in Florida Local Government Developer Agreement Act (Section 163.3220 -163-
3243, Florida Statutes) and City Ordinance. In the event of any conflict between the
terms or conditions of this Agreement, the Act and the Ordinance, the terms or conditions
of the Act shall control.
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NOW, THEREFORE, for and in consideration of the approval by the City of the
improvements and upon compliance by the Developer with the terms and conditions
hereof, Developer, intending to be legally bound, covenants and agrees with the City as
follows:
(1) Developer shall construct or cause to be constructed, at its own expense,
all improvements specified on the Plan. The City is not obligated by this Agreement to
pay for any portion of the improvements specified in the Plan. The improvements shall be
completed in conformity with the City's requirements and specifications in a satisfactory
manner.
(2) The recitals are true and correct and are hereby incorporated into and
made part of this Agreement. All attachments, exhibits and appendices attached hereto
shall be deemed hereby adopted and incorporated herein, provided any conflict between
the attachments and this Agreement shall be deemed to control.
(3) The "Effective Date" of this Agreement shall be .2012.
(4) City hereby agrees, subject to all applicable laws, rules, and regulations to
issue all necessary permits to allow Developer to construct the improvements specified
above on the Plan. City's agreement to issue said permit(s) is conditioned upon the
following:
(a) The execution of this Agreement by the Developer and the City;
(b) If applicable to the Project, the recording of the final plat of the
Project with the office of the Palm Beach County Clerk's office;
(c) Acquisition by the Developer, beyond appeal, of all permits,
licenses, consents and easements required to be obtained from any agency, department,
branch, authority, or other subdivision of any government or governmental agency
having jurisdiction over any aspect of the improvements or required to be obtained from
any private individual organization, including any public entity (hereinafter referred to as
"the Permits "). To the extent that any Permit is required to be issued in the City's name,
the Developer shall prepare, file and prosecute the application for it, including all appeals
pertaining to it, at the Developer's expense. The City agrees that it will execute
applications and other documents necessary to obtain said Permits from time to time as
required by the circumstances;
(d) Notification by the Developer to the City and the City Engineer of
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the Developer's intention to begin the construction on a date which is at least five (5)
days after the date the City actually receives the notice;
(e) Delivery to the City by the Developer of the insurance documents
required pursuant to this Agreement;
(f) The Developer has delivered recordable easements in favor of the
City as shown on the Plan, if any, together with recordable deeds of dedication for
streets, open space and other areas to be dedicated to the City, if any, all of which
easements and deeds shall be satisfactory to the City in form and substance;
(g) Compliance by the Developer with all terms of this Agreement;
and
(h) All stipulations and representations by the Developer, its attorney
(s) and agents during City Commission or City Board meetings are incorporated by
reference herein, as well as all agreements, regulations, rules, and orders of the City of
Boynton Beach.
(5) Construction of all roads, sidewalks, curbs, drainage systems, storm
drains, rights of way, easements, open space, park and recreation sites and other
improvements and installations as set forth on the Plan shall take place and be completed
in an expeditious manner as quickly as may be possible but consistent with proper and
efficient methods of construction, but in no event, later than December 1, 2015. The
construction shall include but not be limited to all off -site improvements and drainage
systems. Furthermore, as quickly as possible, but consistent with proper and efficient
methods of construction, Developer shall construct all improvements specified on the
Plan including, but not limited to, all paving and installation of all surfaces, grading,
curbing, drainage facilities and incidental drainage facilities, erosion controls, fencing,
landscaping and lighting, and traffic controls related to Developer's use of the property.
(6) Except as otherwise set forth in this Agreement (which limits certain
standards applicable to construction, among other things) Developer shall, if
applicable, erect all structures and fixtures on the site and perform all other work to the
reasonable satisfaction of the City Engineer and in accordance with the plans filed with
the City, all City ordinances and resolutions and the rules and regulations of the Florida
Department of Environmental Protection (hereinafter referred to as "DEP "), and any
other federal, state, county, or municipal regulatory agency. Developer shall procure and
comply with all applicable permits issued by the State of Florida Department of
Transportation for the work within the Federal Highway right -of -way.
(7) Prior to work beginning on the Project, a pre - construction meeting will be
scheduled by the City with representatives of the Developer, including its contractor(s).
The pre - construction meeting will be scheduled as soon as possible after this Agreement
is executed. It shall occur before any site work is initiated or a building permit issued.
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(8) The parties agree, acknowledge and understand that the Project is not a
subdivision. Anything to the contrary notwithstanding, the Project may, at the option
of the Developer, have a private water and sewer system, privately owned and
maintained (the "Private Water and Sewer System "). Furthermore, the Developer
shall be completing drainage and paving for the Project in a manner as described in
this Agreement (the "Drainage and Paving Improvements "). The Private Water and
Sewer System and the Drainage and Paving Improvements shall be designed to
standards that are in accordance with FDEP, AWWA, and NFPA and the 10 State
Standard (the "Public Standards "). In the event of any conflict regarding
interpretation, application, or compliance with the Public Standards between the City
Engineer and the Developer, that conflict shall be resolved using the Earlier Neutral
Evaluation process of the American Arbitration Association (AAA), provided the Parties
shall be bound by the recommendations contained in the evaluation. The Parties agree to
a process timetable not to exceed 14 business days commencing with either parties
demand for submission to AAA. There shall be no more than two (2) master meters for
the water system serving the Project. Since the Developer may elect to install and
maintain a Private Water and Sewer System, the Backflow Prevention Devices shall
be in accordance with City established standards as amended from time to time. The
Backflow Prevention Devices may be inspected annually by the City. In the event the
Backflow Prevention Devices are not in conformance with City standards the
Developer or its successors or assigns shall be required to replace the Backflow
Prevention Devices with devices that conform to the City standards. Replacement
shall be made within fourteen (14) business days following written demand by the
City. All costs associated with the replacement of Backflow Prevention Devices shall
be borne by the Developer, or its successors or assigns.
The Developer shall complete the loop of the City -owned 8 -inch ductile iron water
main along Federal Highway along the entire frontage of Phase I (f.k.a. Gulfstream
Gardens) and along the entire frontage of Phase I1 (Seabourn Cove) at no cost to the City.
This work shall be performed under inspection by the Utilities Department, and all
existing potable water customers shall be kept in service at all times during this work.
The Developer may not transfer nor shall the City accept transfer of the Private
Water and Sewer System for a period of twenty -five (25) years following completion
and certification of the System. Future transfer of the System shall be conditioned on
conformance of the System to City standards in effect at the time of transfer.
(9) Except as otherwise set forth herein as to the Private Water and Sewer
System, all other systems and /or equipment required to be installed by the DEP, or any
other regulatory agency, and /or other safety equipment reasonably required to be
installed by the County, City, the City Engineer, Building Official or Fire Marshal shall
be installed and maintained to the reasonable satisfaction of the City representatives. All
water supply lines, connections and devices that supply hydrants, standpipes or fire
sprinkler systems shall meet all applicable NFPA standards for such installation(s).
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(10) Without limiting the generality of Section 8 as to the Private Water and
Sewer System, the water system shall be revised to include the following revisions:
(a) Revise the DIP water main to C -900 PVC DR -18 material; and
(b) Revise the water services to eliminate some gate valves and
replace the 2" copper pipe with poly pipe.
(11) The Developer shall arrange, in advance, with the Fire Marshal for
inspection of all work in progress before it is covered up, concealed or otherwise rendered
incapable of visual and/or manual inspection.. The City Engineer shall inspect or shall
require the engineer of record for the Project to inspect the premises promptly after the
Developer requests same. All fire alarm wiring, fire sprinkler and hydrant supply lines,
devices and equipment shall be inspected by the Fire Marshal or his representative in
person and shall not rely on a 3` party for verification. Developer agrees that such
inspection by the City Engineer shall include inspection of those portions of the site
improvements, if any, which were approved by DEP. The City Engineer and the Fire
Marshal are authorized to issue stop work orders or to require removal of any work which
is not completed in accordance with the ordinances, resolutions and/or specifications of
the City, the Plan, and the materials submitted to and approved by DEP or, any other
regulatory agency, or any portion of the improvements that were not installed in a
good and workmanlike manner. Conflicts regarding opinions of the City Engineer shall
be resolved using the Earlier Neutral Evaluation process of the American
Arbitration Association (AAA), provided the Parties shall be bound by the
recommendations contained in the evaluation. The Parties agree to a process timetable
not to exceed 14 business days commencing with either parties demand for submission to
AAA. Any issue related to the Fire Marshal's Office shall be appealed to the Fire
Marshal. The "Final Authority ", if the dispute can not be settled with the Fire Marshal,
shall be the appropriate National Fire Protection Association (NFPA) committee which
addresses the item in question.
(12) Developer agrees to, at all times, hold the City harmless from any claims
or suits which any adjoining or nearby property owners or any person whatsoever may
bring against the City or against the City officials and employees and against the
Developer, and any of its officials and employees, or subcontractors, for any conditions
occurring on adjoining or nearby property, caused or alleged to be caused by conditions
arising from the Project or in any way caused by Developer or its agents. Such
indemnification shall include, but shall not be limited to, attorneys' fees, paralegal
expenses, engineering and expert witness fees at both the trial and appellate levels, and
any judgment rendered against the City, its officials or employees, in favor of adjoining
or nearby property owners and resulting from alleged conditions arising out of
Developer's construction activities or any other aspect of the Project. Nothing herein
shall constitute a waiver of the City's right to sovereign immunity.
(13) Developer shall provide to the City evidence of general public liability
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insurance in an amount of not less than One Million and No /100 Dollars ($1,000,000.00)
naming the City as an additional insured. A certificate of such insurance evidencing such
insurance, and naming the City as an additional insured, shall be delivered to the City at
the time of the execution of this Agreement. If Developer is self - insured, in lieu of
exhibiting general public liability insurance, the Developer and City will execute an
indemnification agreement acceptable to the City Attorney which provides that the
Developer will indemnify and hold harmless the City against all loss, cost, damage and
expense from any claims occurring and /or caused by the Developer and/or any aspect of
the Project, including but not limited to those specific items and expenses set forth in this
Agreement.
(14) The entire work on the improvements shall be completed by the Developer
on or before December 1, 2015.
(15) In the event that the Developer violates any provision of this Agreement,
the City, through its authorized representatives, reserves the right to issue a "cease and
desist order" and Developer hereby agrees to comply there with until such time as any
deficiency or violations have been corrected to the satisfaction of the City.
(16) The Project is not a subdivision. No additional surety shall be required,
except a surety in the amount of 110% of the total obligation based on the cost estimate of
a duly licensed professional in the State of Florida will be required for all work located
within the public right of way. The City will, however, require the Developer to complete
certain phases of site construction before occupancy of units. The City agrees to work
expeditiously with the Developer to prepare a phased plan of necessary and required site
improvements that would allow safe occupancy and access to certain units. Said phasing
plan of site work will be paid for and created by the Developer with input and ultimate
approval by City staff.
(17) The Developer agrees that the City Engineer, Building Official, and the
Fire Marshal or their designees may inspect the Project at any time both before and after
the issuance of a Certificate of Occupancy. The right of inspection shall continue during
the entire period of time that the Developer and /or its successors and/or assigns are
operating a business or own property in the City. The time, place, and scope of such
inspections shall be at the full discretion of the City Engineer, Chief Building Official, or
the Fire Marshall as the case may be.
(18) Consistent with the terms of this Agreement, the Developer shall comply
with the provision of this Agreement, the provisions of all applicable ordinances and
resolutions of the City, including but not limited to, the Zoning and Land Development
Regulations, Engineering Specifications, the Florida Building Code, the requirements of
the Florida Department of Transportation, the requirements of the DEP, all federal and
state statutes and /or regulations, and the Plan.
(19) The Developer will be responsible for the discarding of waste materials in
accordance with City code, such as building materials, papers, cartons and the like
(whether discarded by it or others employed by it or by others engaged in the delivery of
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the aforesaid materials and/or construction of the Project) and agrees to prevent the same
from being buried on the site or deposited, either by being thrown or blown upon any
land adjacent to, or within, the vicinity of the Project. Developer shall be responsible for
the removal of trash and waste material from the site as frequently as necessary to
maintain the Project in a neat and tidy fashion. Developer is prohibited from conducting
on -site burning of land clearing materials or other wastes.
(20) Subject to the terms and conditions of this Agreement, the
Developer shall comply, in all respects, with the rules, regulations and requirements of all
governmental bodies and/or agencies having jurisdiction with respect to this Plan and
shall assume all costs, expenses and responsibilities in connection therewith, without any
liability whatsoever on the part of the City.
(21) All facilities, structures and improvements shall be designed to ensure
access for the disabled in accordance with the Americans with Disabilities Act, in
addition to any other applicable relevant federal, state and local laws, rules and
regulations.
(22) If applicable, the Developer shall secure all necessary permits from the
United States Army Corps of Engineers, the DEP, the South Florida Water Management
District, Florida Department of Transportation and any other regulatory agency with
respect to any construction or impact to wetlands as a result of the Project.
(23) The Developer shall install at its own expense street lights and traffic
control signs and street identification signs as required by the Plan.
(24) The City's progress reviews, tests and inspections under the terms of this
Agreement are for the exclusive benefit of the City. They do not confer rights on any
other person or organization, and no person or organization may rely upon them for any
purpose. By allowing the construction of the Project or accepting dedication of the
improvements, the City does not represent or warrant to the Developer or to any third
party that the Project or the improvements have been constructed as required by this
Agreement or that they are suitable for their intended purposes.
(25) This Agreement does not create an employee /employer relationship
between the Parties. It is the intent of the Parties that the Developer is an independent
contractor under this Agreement and not the City's employee for any purposes, including
but not limited to, the application of the Fair Labor Standards Act minimum wage and
overtime payments, Federal Insurance Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Developer shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Developer activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Developer, which policies of Developer shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of any
funds provided for herein. The Developer agrees that it is a separate and independent
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enterprise from the City, that it had full opportunity to find other business, that it has
made its own investment in its business, and that it will utilize a high level of skill
necessary to perform the work.
(26) This Agreement shall be binding on the City and without limitation of
the foregoing, but by way of example, binding upon the Building Official, and City
Engineer, provided, nothing herein shall limit the independent authority of the
Building Official as provided in the Florida Building Code or local amendments
thereto. This Agreement shall be binding on Developer and its successors and assigns,
including successor or assignee. Developer, at its sole discretion, may assign, in
whole or in part, this Agreement or any of its rights and obligations hereunder, or may
extend the benefits of this Agreement without the prior written consent or any other
approval of the City, provided the assignee has obtained independently of such
assignment, a real property interest in the Project.
(27) By execution of this Agreement, the Developer, for itself; its successors
and assigns agrees with the City and its successors and assigns that the obligations
undertaken herein by the Developer shall be covenants running with the land and any
deed of conveyance of the Project or any part thereto shall be under and subject to the
terms and conditions of this Agreement.
(28) This Agreement contains the entire agreement between the City and the
Developer, and any changes or modifications to this Agreement shall be effective only if
the same are in writing and executed by both the City and the Developer. Any changes
or modifications to this Agreement shall be made in accordance with the laws of the State
of Florida and the pertinent ordinances of the City of Boynton Beach; provided however,
that the Approvals and Plan may be changed from time to time in accordance with those
ordinances (and notice provisions contained therein) of the City of Boynton Beach,
Florida pertaining to site plans and site plan modifications.
(29) In the event that either party brings suit for enforcement of this
Agreement, the prevailing party shall be entitled to an award of all reasonable attorneys'
fees, paralegal expenses, at the trial and appellate levels, interest, and Court costs
incurred by such prevailing party against the losing party.
(30) The Parties agree to cooperate with each other to the full extent
practicable pursuant to the terms and conditions of this Agreement.
(3 1) The Developer agrees to provide landscaping, lighting, and maintenance in
perpetuity, of the fifty foot (50') wide, public right of way adjacent to the project,
extending continuously from the south property line of Phase I to the north property line
of Phase II. This area will be designed in partnership with an Eco Artist in compliance
with the Art In Public Places Ordinance. If so requested, the property association in
charge of maintenance shall provide the City with a Certificate of Insurance naming the
City as additional insured.
(32) The Developer will be responsible for contracting for professional
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services for the purpose of performing all site inspections as to, civil site work and utility
construction. Those performing such services shall certify to the City that construction
conforms to the approved plans and all applicable and recognized codes and standards for
the work being performed. Nothing herein shall prevent the City from performing its own
site inspections to ensure compliance with referenced codes and standards. Certificates
of Occupancy shall be dependent upon final acceptance of pertinent certifications by the
City.
IN WITNESS WHEREOF, and intending to bind their successors, assigns,
personal representatives and heirs, the City has caused this Agreement to be executed in
its name and on its behalf by the Mayor, and the Developer has caused this Agreement to
be executed by its corporate officers, all as of the day and year first above written.
[SIGNATURES ON FOLLOWING PAGE]
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Y
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ATTEST „ CITY OF BOYNTON BEACH, a Florida
*
municipal c rporation
Ja -t Prainito, City Clerk By:
Woodrow L. Ha , Mayor
Approved as to Fo .
(SEAL)
Office oi't e City At r y
GULFSTREAM GARDENS PHASE 11,
LLC.
,I
Chri -�(/�
��`1 By: /
emi y'e. K er
I R . Lococo Member
STATE OF FLORIDA )
)ss
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ',til r (1 y ok 4.) l , k+o as
t' '-\.0. a r of the City of Boynton Beach, Florida, who is personally
c known to meyr who has produced
as identification, and acknowledged executing the foregoing Agreement as the proper
official of the City of Boynton Beach, Florida for the use and purposes mentioned therein.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and county aforesaid on this 0,0 11 ' day of . v. ]n e.. , 2012.
'''rw Notary Public, State of Florida
'=
• MY E USO
40 7 300.01a5 � •M nuary 06, Zola
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STATE OF FI,otrtc'KF
)ss
COUNTY OF t UficA )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared Rug. L,oCoC as
Membee of Gulfstream Gardens, LLC., who is personally known to me
or who has produced as identification, and
acknowledged executing the foregoing Agreement as the proper official of Gulfstream
Gardens, LLC., for the use and purposes mentioned therein.
IN WITNESS OF THE FOREGOING, I have set my hand and official
seal at in the State and County aforesaid on this 19 day of
dut•E ,2012.
1 e...H. AILISH B VILLALOBOS
} Notary Public State of Florida
' ,�,�` �,, s�� '� M y Comm Expires Mar 6, 2015
� ry �Gblic, State of Florida
�: ( Commission # EE 42949
Notary
f1„A Bonded Through National Notary Assn
11
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2 RESOLUTION NO. R09-I76
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING A LAND DEVELOPMENT
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND GULFSTREAM GARDENS, LLC.,
9 THAT INVOLVES A REVISED CITY PROCESS FOR
10 EXPEDITING SITE REVIEWS AND MODIFYING
11 SURETY REQUIREMENTS; AUTHORIZING THE
12 MAYOR AND CITY CLERK TO EXECUTE THE
13 LAND DEVELOPMENT AGREEMENT; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, the Land Development Agreement between the City and Gulfstream
17 Gardens simplifies and reduces City-staff requirements for site permits by addressing all
18 issues relative to the construction site and eliminating the need for multiple site
19 component permits and reviews; and
20 WHEREAS, upon recommendation of staff, the City Commission of the City of
21 Boynton Beach Florida deems it to be in the best interest of the citizens of the City of
22 Boynton Beach to approve and authorize execution of the Land Development Agreement
23 between the City of Boynton Beach and Gulfstream Gardens, LLC..
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed
27 as being true and correct and are hereby made a specific part of this Resolution upon
28 adoption.
29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
30 approves and authorizes the Mayor and City Clerk to execute the Land Development
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II ,
1 Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC., which
2 simplifies and reduces City-staff requirements for site permits by addressing all issues
3 relative to the construction site and eliminating the need for multiple site component
4 permits and reviews, a copy ofthe Agreement is attached hereto as Exhibit '"A".
5 Section 3. That this Resolution shall become effective immediately.
. 1
6 PASSED AND ADOPTED this I ,:- day of December. 2009.
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8 ;~~;CH'FLOmDA
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23 Commissioner - Marlene Ross
24 ATTEST:
25 Y'n P/u~>
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27 Jan M. Prainito, CMC
28 City Clerk
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