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R94-038RESOLUTION 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 KNOLLWOOD GROVES, INC., REGARDING THE DESIGN AND CONSTRUCTION OF MINER ROAD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has reached an agreement with Knollwood Groves, Inc., which Agreement provides for Knollwood Groves, Inc., to pay to the City of Boynton Beach Twenty-Six Thousand Five Hundred Fifteen ($26,515.00) Dollars to be applied toward design costs of Miner Road and an additional sum of Eighty- Two Thousand [$82,000.00) Dollars to be applied toward construction costs of Miner Road, making a total sum payable by Knollwood to the City of Boynton Beach of One Hundred Eight Thousand Five Hundred Fifteen ($i08,515.00) Dollars. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an Agreement between the City of Boynton Beach, Florida and Knollwood Groves, Inc., said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become immediately upon passage. PASSED AND ADOPTED this ~ day of April, 1994. effective ATTEST: Ci~ Clerk CITY OF BOYNTON BEACH, FLORIDA Ma~o~ (Corporate Seal) Ay -WC( .'''' ,..., / 42 44 CHAPIN & ARMSTRONG ---_—_+ ATTORNEYS AT LAW 4.- 1201 GEORGE BUSH BOULEVARD 3 DELRAY BEACH, FLORIDA 33483 TELEPHONE (407) 272 -1225 TELECOPIER (407) 272 -4442 ROBERT D CHAPIN* LEGAL ASSISTANTS DAVID G ARMSTRONG JAMES A BALLERANO, JR. FAYE A WILLIAMS CYNTHIA C SEAMAN JAMES A HERB SUSAN M J STEVENS OF COUNSEL • CERTIFIED BY FLORIDA BAR IN WILLS, TRUSTS AND ESTATES March 1, 1994 VIA FAX AND HAND- DELIVERY J. Scott Miller, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Meadowood Groves, Inc. Dear Mr. Miller: Enclosed is the executed Agreement between the City, Meadowood and Mr. Arnold regarding the contribution for the Miner Road improvements and the five (5) acre park site dedication pertaining to the Knollwood P.U.D. You will note that a copy of the executed Deed to the Park site is attached as an exhibit. This Agreement supercedes the Agreement previously delivered to you under letter dated February 15, 1994. We will deliver the original of the Agreement to you this evening in advance of the scheduled commission meeting. r We appreciate your attention to thus ma /ter' / Very _iru1 y014s/ / , Jamep A. Ballerano, Jr. JAB /hs . Enclosures r CC: James Cherof, Esq. (by hand) AGREEMENT AGREEMENT made this // day of /Z4/ 1994, by and between the City of Boynton Beach, Florida (hereinafter referred to as "City ") and Meadowood Groves, Inc. (hereinafter referred to as "Meadowood ") and Willard Arnold (hereinafter referred to as "Arnold "). WHEREAS, Meadowood is the owner of a certain parcel of land consisting of approximately 86.66 acres located within the municipal limits of City; and WHEREAS, Arnold is the owner of a certain parcel of land consisting of approximately 24.94 acres located within the municipal limits of City; and WHEREAS, the Meadowood acreage and the Arnold acreage comprise the Knollwood P.U.D. (Meadowood and Arnold are hereinafter collectively referred to as "Knollwood "); and WHEREAS, on October 17, 1989, City duly adopted Ordinance No. 89 -36 which approved a rezoning of the Knollwood property from AG (agricultural) and R1AAA (single family residential) to Planned Unit Development; and WHEREAS, a condition of approval of Ordinance No. 89 -36 was that Knollwood was to pay the sum of $760,000.00 to improve the roadway system in the area with specific improvements to be made to Miner Road and Hypoluxo Road; and WHEREAS, in 1991, City approved a Master Plan Amendment which extended the required time for submitting final development plans for the Planned Unit Development until August, 1992; and WHEREAS, in August of 1992, Knollwood submitted to City a request for extension of platting requirements for the Planned Unit Development; and WHEREAS, since the rezoning of the property in 1989, circumstances have changed pertaining to the roads in the area which require improvement; and WHEREAS, City and Knollwood desire to amend the conditions of approval for the Planned Unit Development as set forth in Ordinance No. 89 -36 concerning roadway improvements and City and Knollwood further intend that upon Knollwood's compliance with its duties pursuant to this Agreement, Knollwood shall be deemed to have commenced development as contemplated by Section 10 (c) of Appendix B, Planned Unit Development Code of the City of Boynton Beach thereby vesting Knollwood for purposes of this Section. NOW, THEREFORE, in exchange for the mutual covenants expressed herein, the parties agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Within /(; days of execution of this Agreement by all parties, Knollwoo shall pay to City Twenty -Six Thousand Five Hundred Fifteen and 00 /100 ($26,515.00) Dollars to be applied toward design costs of Miner Road and an additional sum of Eighty - Two Thousand and 00 /100 ($82,000.00) Dollars to be applied toward construction costs of Miner Road making a total sum payable by Knollwood to City of One Hundred Eight Thousand Five Hundred Fifteen and 00 /100 ($108,515.00) Dollars to be utilized by City as Knollwood's full and complete share of Knollwood's responsibility for the design and construction of Miner Road. City agrees to utilize said funds solely for this roadway project. 3. At such time as it shall be required by the City, Knollwood shall deliver to the City a Special Warranty Deed conveying to the City a five (5) acre park site within the Knollwood Planned Unit Development adjoining an existing park site in the Meadows subdivision. A copy of the Special Warranty Deed is attached hereto. The parties agree that Knollwood may subsequently amend or revise the legal description for the park site as set forth in the attached Deed in accordance with a revised Master Plan for the planned unit development provided the revised legal description for the park site shall remain as a five (5) acre site which is generally rectangular in shape adjoining the park site in the Meadows subdivision. The parties agree to cooperate in executing all documents necessary to revise the legal description for the park site. 4. City agrees that upon Knollwood complying with the provisions set forth in Paragraphs numbered 2 and 3 above, Knollwood shall be deemed to have commenced development as contemplated by Section 10 (c) of Appendix B of the Planned Unit Development Code of the City of Boynton Beach thereby vesting Knollwood for purposes of this Section. 5. City will assist Knollwood in obtaining Road /Traffic Impact Fee Credits from Palm Beach County for the money paid by Knollwood to the City as specified in Paragraph number 1 above. City will adopt a Resolution supporting Knollwood's request for impact fee credits. 6. This Agreement incorporates all terms and conditions negotiated 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 - 2 - entitled to recover attorneys' fees and costs from the party in breach hereof. IN WITNESS WHEREOF, the undersigned have set their hands and seals the day and year first above written. CITY 41F BOYNTON •. ACH By: Mayor APP D TO F RM: Attest: r. CITY ATTORNEY City Clerk MEADOW7OD GROVE , INC By : //((.'' Its President /t( H. \DATA \WPDATA \LAW \MEADOWOO \CITY AG2 - 3 - This instrument was prepared by: James A. Ballerano, Jr., Esquire Chapin, Armstrong & Ballerano 1201 George Bush Boulevard Delray Beach, FL 33483 DEED THIS INDENTURE, made this 7 day of 1994, between MEADOWOOD GROVES, INC., a Florida corporation, having an address at 8053 Lawrence Road, Boynton Beach, Florida 33436 and R. BRADFORD ARNOLD, TRUSTEE having an address c/o DBA Management Corp., 1100 Southeast 58th Avenue, Ocala, Florida 34471 hereinafter collectively referred to as the Grantor, and the City of Boynton Beach, Florida, a municipal corporation, whose post office address is P.O. Box 310, Boynton Beach, FL 33425 hereinafter referred to as the Grantee, and whose Federal Tax Identification Number is WITNESSETH that said Grantor, for and in consideration of the sum of Ten and 00 /100 ($10.00) Dollars, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, the Grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: See Attached Exhibit "A" and said Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. Grantor has bargained, granted and sold, and do by these presence, bargain, grant, sell and convey, unto Grantee, its successors and assigns forever, the above - described property for the purpose of being used by Grantee as a park, playground or recreational area. IN WITNESS WHEREOF, Grantor has executed this Deed under seal on the above date. Signed, sealed and delivered in the presence of: MEADOW/OD GROWS, IN . �' B am 7 0 le 0711 / L �1 ' ('? „v Its: Aca C Print or Type Name (Corporate Seal) _ - ,J 4. -, Prin or Type Name 4 • 2,l rn-L_ 1 Lf)�-) FAAr J RD RUSTEE / R. BRAD ARNOLD, , L Dl h'� (yo r r // i 011 Print or Type Name c.c,'�.�;:, d vlencl F u 'rAS Print or Type Name STATE OF F e4. ' S.S.. COUNTY OF D,a /-•%r /J G ) I HEREBY CERTIFY on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared C. C. 0c4J.17= , as the president of MEADOWOOD GROVES, INC. and he acknowledged executing the foregoing instrument freely and voluntarily for the uses and purposes therein expressed and that he did not take an oath. Type of identification: Personally Known Driver's License /Passport WITNESS my hand and official seal th' s 2 day of 1994. / [NOTARY PUBLIC] �•�, cot_ y T•lic Stat- of Florida My Commission Expires: - 2 - 0:4;'‘ J AMES a BA U E RAN O, JR. MIES: Soptembsr 28. 1997 MY COM i CC 318967 `yi! f n;, Bonded Thu Nohry P is U ei*itxs STATE OF FLORIDA ) S.S.. COUNTY OF PALM BEACH ) I HEREBY CERTIFY on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared R. BRADFORD ARNOLD, TRUSTEE and he acknowledged executing the foregoing instrument freely and voluntarily for the uses and purposes therein expressed and that he did not take an oath. Type of identification: Personally Known Driver's License /Passport WITNESS my hand and official seal,,,-)this fseal,,,-)this day of (?x1(/t7 , 1994. \ / [NOTARY PUBLIC] A e/, S! .% /, 1) rotary Pu•lic State of Florida My Commission Expires: /- .2i -91 OFFICIAL NOTARY SEAL LORI GOMILLION NO TARY PUBLIC STATE OF FLORIDA COMMISSION NC. CC254363 t r'.Y COMMISSION EY.P JAN. 21,1977 - 3 - LEGAL DESCRIPTION KNOLLWOOD GROVES P.U.D. 5.00 ACRE PARK SITE A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID NORTHWEST QUARTER OF SECTION 7; THENCE, NORTH 88 ° 25'11" EAST, ALONG THE NORTH LINE OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 2523.28 FEET TO THE NORTHEAST CORNER OF THE SAID NORTHWEST QUARTER; THENCE, SOUTH 02 ° 11'52" WEST, ALONG THE EAST LINE OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 2237.70 FEET FOR A POINT -OF- BEGINNING. THENCE, CONTINUE SOUTH 02 ° 11'52" WEST, ALONG THE SAID EAST LINE OF THE NORTHWEST QUARTER, A DISTANCE OF 431.03 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER; THENCE, SOUTH 88 ° 15'50" WEST, ALONG THE SOUTH LINE OF THE SAID NORTHWEST CORNER, A DISTANCE OF 451.60 FEET; THENCE, NORTH 07 ° 44'12" WEST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 176.19 FEET; THENCE, NORTH 46 ° 48'08" WEST, A DISTANCE OF 134.96 FEET; THENCE, NORTH 43 ° 11'52" EAST, A DISTANCE OF 92.48 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 51 A DISTANCE OF 356.05 FEET TO THE POINT OF TANGENCY; THENCE, SOUTH 85 ° 48'08" EAST, A DISTANCE OF 206.40 FEET TO THE POINT -OF- BEGINNING. CONTAINING: 5.00 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD. LEGAL DESCRIPTION - KNOLLWOOD GROVES P.U.D. PARK SITE BENCH MARK LAND SURVEY ING & MAPPING, INC. 4152 WEST BLUE HERON BOULEVARD 12765 WEST FOREST HILL BOULEVARD SUITE 121 - RIVIERA BEACH, FL 33404 $ SUITE 1316 - WEST PALM BEACH, FL 33414 FAX: (407)844 -9659 PHONE: (407)848 -2102 FAX: (407)793 -9285 - PHONE: (407)793 -9234 FILE: P159 ' DATE: 9/17/93 1 BY:SCM /CADD I CKD: , W.0. P159 [ SHEET _i_ OF _2_ NOTE: SEE SHEET 2 OF 2 FOR DESCRIPTION DELINEATION SKETCH W. (ORNE(Z Dr -1-44 N. E. CORNER OF THE rv.W. 1/4 >;c�(N - 1 ID 6 N . W. 1/4, SECTION 7 _______ � N88' 25' 11" E 2523. 28' — -4 N . LINE, N. W. 1/4, SECTION 7 100' 50' 0 100' 200' 3c II4 72 oI (0 ‘ 5 11 4 GRAPHIC SCALE (\FA - --°� gj I IN FEET /' v R D EXTE � c1. �� J Q p =356. 05' `r S85 °48'08'E 2 06.40' ' i O � Q�0 0 � 00 3 Q \ b. 9 • 5 , 1 � o POINT OF J Qg t ..% BEGINNING .�, .<(, � / . KNOLLWOOD 6KOVE� RU.D r *te rt.. PARK 'ITS o y , (5. 00 ACRES) • a 6. ---.. er 1— rN X66 9. Z N S 4, pp // �•�',, LU • 96 ? N i � 2 Cn 3 Q- 0 (o a % S. E. CORNER, N. W. 1A4, u) 7.1 SECTION 7 .. v z S. LINE, N. W. 1/4, SECTION 7 , --- --- --- S88' 15' 50' W 45i. 60' 1116 N1EAPOWS � DOI - - - - - -- -- - -- -- P LAT No . ? j L. W. D. D. L 1 9 C ANAL EA�JEMEN1 w THIS IS NOT A SURVEY DESCRIPTION DELINEATION SKETCH - KNOLLWOOD GROVES P.U.D. PARK SITE BENCH MARK LAND SURVEYING & MAPPING, INC. 4152 WEST BLUE HERON BOULEVARD 12765 WEST FOREST HILL BOULEVARD SUITE 121 - RIVIERA BEACH, FL 33404 $ SUITE 1316 - WEST PALM BEACH, FL 334!4 FAX: (407)844 -9659 PHONE: (4071848 -2102 FAX: (407)793 -9285 - PHONE: (407)793 -9234 FILE: 13159 I DATE: 9/17/93 I BY: SCM /CADD I CKD: I 11.0..: P159 ' SHEET Z_ OF _?_ NOTE: SEE SHEET 1 OF 2 FOR LEGAL OESCRIPTION FIRST ADDENDUM TO AGREEMENT This is the First Addendum to an Agreement dated the 1API day of /J( . CCO `, 1994, between the CITY OF BOYNTON BEACH, FLORIDA ( "CITY ") and MEADOWOOD GROVES, INC., ( "MEADOWOOD ") and R. BRADFORD ARNOLD, TRUSTEE ( "ARNOLD "). (Meadowood and Arnold are hereinafter collectively referred to as "KNOLLWOOD ") 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 KNOLLWOOD to the CITY to improve the roadway system in 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, in conformance with preexisting conditions of the Development Order pertaining to the property. NOW, THEREFORE, the parties agree as follows: 1. In addition to conveying to the CITY the 5 acre future park site parcel within the Knollwood Planned Unit Development, KNOLLWOOD shall pay to the CITY cash in lieu of land for .6 acres of land in an amount 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, in conformance with the requirements of the Development Order pertaining to the property. Payment of such sum shall be made at the time of, and as a precondition to, the approval by the CITY of the first Plat with respect to the Knollwood PUD and following the determination of the fair market value of the land as determined pursuant to Section 8.D of Article IX of Appendix C of the Code. 2. KNOLLWOOD represents to the CITY that, to its knowledge, no independent inquiry, inspection or investigation having been made, the 5 acre parcel conveyed pursuant to paragraph 3 of the AGREEMENT does not contain muck beds, buried debris, trash or other surface debris. Prior to development of the PUD, KNOLLWOOD shall take appropriate security measures to deter contamination of the 5 acre parcel as a result of such development and to prevent dumping on the 5 acre parcel by its contractors. 3. The CITY further acknowledges that the performance of the terms of the Agreement and this Addendum shall constitute satisfaction of the requirements of the Development Order as they pertain to recreational contributions and KNOLLWOOD shall be entitled to recreation impact fee credits allocable thereto. 5. KNOLLWOOD acknowledges that an additional modification or revision to the Master Plan may require an additional dedication to the CITY. 6. This Addendum may be executed in any number of counterparts. IN WITNESS WHEREOF, the undersigned have set their hands and seals on the day and year set forth below. Dated: /07 /" , 1994 CITY OF BOYNTON BEACH ATTEST: /; BY : 4 0e6/7 - �� Mayor Cit Clerk Appr. ed as f to Form: / City At.rney Dated: , 1994 MEADOWOOD GROVES, INC. BY: Robert C. Ochs, President Dated: 1994 S � - � R. ' BRADFORD ARNOLD, TRUSTEE G: \LAW \MEADOWOOD \CITY AD3 G: \DATA \WPDATA \LAW \MEADOWOO \CITY.AD1 5. KNOLLWOOD acknowledges that an additional modification or revision to the Master Plan may require an additional dedication to the CITY. 6. This Addendum may be executed in any number of counterparts. IN WITNESS WHEREOF, the undersigned have set their hands and seals on the day and year set forth below. Dated: /0'1 // / , 1994 CITY OF BOYNTON BEACH 1 ATTEST: _ / BY a !�C C'eZ t Cie-t .e.ei - �c . 5 a2�c.9 Mayor City Clerk Appr d s to Form: , ti , / City Attorne Dated: , 1994 MEADOW D GROVES, INC. j '-' 6.4 6.-f /-' BY : I Robert C. Ochs, President , J Dated: 47 /Cf / , 1994 R. BRADFORD ARNOLD, TRUSTEE G \LAW \MEADOWOOD \CITY.AD3 G \DATA \WPDATA \LAW \MEADOWOO \CITY AD1