R19-136 RESOLUTION NO. R19-136
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN THE DEVELOPER'S AGREEMENT WITH
KNUCKLES, LLC FOR THE GRANTING OF A TEN (10) FT.
PUBLIC UTILITIES EASEMENT ALONG SE 23RD AVENUE ON
THE DEVELOPER'S PROPERTY AND A TWENTY (20) FT. BY
TWENTY (20) FT. PUBLIC UTILITIES EASEMENT LOCATED
11 ADJACENT TO SE 23RD AVENUE ON THE SOUTHWEST
1 CORNER OF LOT 5 OF THE DEVELOPER'S PROPERTY FOR
1 THE CITY'S CONSTRUCTION OF SANITARY SEWER AND LIFT
1 ; STATION IMPROVEMENTS AS REQUIRED BY THE
1 CONDITIONS OF APPROVAL FOR THE TACO BELL PROJECT
1 ' LOCATED AT 2319 FEDERAL HIGHWAY; AND PROVIDING AN
1 EFFECTIVE DATE.
1 '
1 WHEREAS, as part of the development of the Taco Bell project located at 2319
1 Federal Highway, Utilities would like to relocate existing wastewater Lift Station No. 412,
2,1 which is currently located within the roadway of SE 23rd Avenue, onto the developer's
2 property at the City's expense; and
2 WHEREAS, the developer, Knuckles, LLC, has agreed to grant public utilities
2; easements on the developer's property to accommodate the relocated sanitary sewer and lift
2 station which complies with the Conditions of Approval for the project; and
2, WHEREAS, relocation of the sanitary sewer, lift station, and control panel onto
2 Knuckles, LLC's property will provide more reliable wastewater service for the area and
2' improved access for Utilities staff; and
2 WHEREAS,the City Commission has determined that it is in the best interests of the
2 s residents of the City to approve and authorize the City Manager to sign a Developer's
31 Agreement with Knuckles, LLC for the granting of a ten (10) ft. public utilities easement
3 along SE 23rd Avenue on the Developer's property and a twenty (20) ft. by twenty (20) ft.
3' public utilities easement located adjacent to SE 23rd Avenue on the southwest corner of lot 5
3; of the Developer's property for the City's construction of sanitary sewer and lift station
3 improvements as required by the Conditions of Approval for the Taco Bell project located at
3, 2319 Federal Highway.
3; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
3' THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
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3;; Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
3" being true and correct and are hereby made a specific part of this Resolution upon adoption
411 hereof.
4 Section 2. The City Commission does hereby approve and authorize the City
4 Manager to sign a Developer's Agreement with Knuckles, LLC for the granting of a ten(10)
4 . ft. public utilities easement along SE 23rd Avenue on the Developer's property and a twenty
4 (20) ft. by twenty(20) ft. public utilities easement located adjacent to SE 23rd Avenue on the
4 southwest corner of lot 5 of the Developer's property for the City's construction of sanitary
4; sewer and lift station improvements as required by the Conditions of Approval for the Taco
4 Bell project located at 2319 Federal Highway, a copy of which is attached hereto as Exhibit
4;; "A".
49 Section 4. This Resolution shall become effective immediately upon passage.
511
5 PASSED AND ADOPTED this day of 'IIayentio,-, 2019.
5 '
5. CITY OF BOYNTON BEACH, FLORIDA
5 YES NO
5•
5;• Mayor— Steven B. Grant ✓
5 "
5;; Vice Mayor—Justin Katz (V.
51
60 Commissioner—Mack McCray
6
6 ' Commissioner—Christina L. Romelus
6;
6 Commissioner—Ty Penserga ✓
6
6;• VOTE 3'.02-
6' ATTEST:
6.;
711 C stal Gibson, MMC
7 City Clerk S'
7' ~R •;,1b0KAr
7 (Corporate Seat)
•FLO -
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This Document Prepared By:
James Cherof,Esquire,City Attorney
City of Boynton Beach
2201 Quantum Boulevard
Boynton Beach,Florida 33426
Record and Return To:
Les H.Stevens,Esquire
Les H. Stevens,P.A.
5301 N.Federal Highway, Suite 130
Boca Raton,Florida 33487
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (the "Agreement") is made as of & I(,t.
2011`�, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (the
"City") whose address is 3301 Quantum Boulevard, Boynton Beach, Florida 33426 and
KNUCKLES, LLC, a Delaware limited liability company (or replace with other company
designation) ("Developer") whose address is 5300 Broken Sound Boulevard, NW, Suite 110,
Boca Raton,Florida 33487.
RECITALS:
A. Developer is the owner of that certain real property located at 2319 South Federal
Highway, Boynton Beach, Florida 33435 containing +1-1.211 acres in Boynton
Beach, Florida, being more particularly described on Exhibit A (the "Subject
Property"); and
B. Developer intends to develop a portion of the Subject Property as a commercial
development to be known as Taco Bell(the "Project")as depicted on to th certain
site plan prepared byeacp p/ 0.06 add*dated O �A 1e /Yi ; and
ASN D%S�b,J
C. The City and Developer desire to set forth the following special terms and
conditions with respect to the development of the Project as provided for herein.
NOW, THEREFORE, for and in consideration of the above premises, the promises and
provisions contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Developer and the City agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated herein as
material provisions of this Agreement.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3. Obligations and Commitments.
Construction of Wastewater Improvements. Developer and the City agree to the
following:
Developer's Agreemem-Taco Bell 1
(a) Developer shall grant a ten (10) ft. non-exclusive public utilities easement
along SE 23`d Avenue of the subject property as shown in Exhibit B. The easement shall be
recorded with Palm Beach County.
(b) Developer shall provide a twenty (20) ft. by twenty (20) ft. public utilities
easement for a wastewater lift station located adjacent to SE 23' Avenue on the southwest corner
of Lot 5, within the boundary setback. Future access to the lift station easement for City vehicles
and equipment shall be from SE 23`d Avenue. The easement shall be recorded with Palm Beach
County.
(c) Prior to the commencement of construction pursuant to Paragraphs 3(a) or
3(b) hereinabove, upon request of the City, Developer shall provide access in and around the
easement area during construction, which Developer shall not unreasonably deny; however, may
require the City to be responsible for any damage to the surrounding property as a result of said
temporary access, including replacement of grass and/or landscaping.
4. Time Period. This Agreement shall remain in effect for a period of three(3)years
from the date hereof. Any provision of this Agreement that imposes a maintenance obligation for
Developer and its successors after expiration of this Agreement shall survive the expiration of this
Agreement.
5. Binding Effect and Successors. This Agreement shall run with the Subject
Property and the rights and the obligations under this Agreement shall benefit, burden, and bind
the successors, heirs and assigns of all parties to this Agreement. In the event of the assignment
of this Agreement, or the conveyance or transfer of the Subject Property, or any part thereof, the
owner of the parcel containing the lift station to be constructed shall be and remain liable for
performance of the obligations under this Agreement until such time as a written release is obtained
from the City, in the City's sole discretion; provided, however, in the event all obligations under
this Agreement have been completed, the City shall provide a release of this Agreement upon the
issuance of a certificate of completion for the Improvements. The rights granted to Developer
under this Agreement relate specifically to the Subject Property and are not permitted to be
transferred to any other property.
6. Validity. If any portion of this Agreement is finally determined by a court of
competent jurisdiction to be invalid, unconstitutional, unenforceable or void, the balance of the
Agreement shall continue in full force and effect.
7. Notices. Any notices required or permitted under this Agreement, and copies
thereof, shall be addressed to the City and the Developer at the addresses first appearing above, or
at such other addresses designated in writing by the party to receive notice.
Notices shall be either: (i) personally delivered (including delivery by Federal Express or
other overnight courier service) to the addresses set forth above, in which case they shall be
deemed delivered on the date of delivery; or(ii) sent by certified mail, return receipt requested, in
which case they shall be deemed delivered on the date shown on the receipt unless delivery is
refused or intentionally delayed by the addressee, in which event they shall be deemed delivered
on the date which is five (5) days from the date of deposit in the U.S. Mail.
Developer's Agreement-Taco Bell 2
8. Attorney's Fees. In any lawsuit between the parties to this Agreement arising from
this Agreement, each party shall bear their own respective attorneys' fees and costs.
9. Entire Agreement. This Agreement embodies the entire understanding of the
parties with respect to the matters specifically enumerated herein, and all negotiations,
representations, warranties and agreements made between the parties are merged herein. The
making, execution and delivery of this Agreement by all parties have been induced by no
representations, statements, warranties or agreements that are not expressed herein. There are no
further or other agreements or understandings, written or oral, in effect between or among the
parties related to the subject matter hereof.
10. Interpretation. None of the parties shall be considered the drafter of all or any
portion of this Agreement for the purposes of interpreting all or any portion of this Agreement, it
being recognized that all parties have contributed substantially and materially to the preparation
of this Agreement.
11. Local Development Approvals and Permits.Notwithstanding anything herein to
the contrary, all development of the Project shall be in compliance with all applicable federal,
state,county and municipal laws and ordinances, rules and regulations (including, but not limited
to,the City's land development regulations, zoning requirements andcomprehensive plan).Unless
expressly authorized or granted herein, nothing in this Agreement shall constitute or be deemed to
constitute or require the City to issue any approval by the City of any rezoning, Comprehensive
Plan amendment, variance, special exception, final site plan, preliminary subdivision plan, final
subdivision plan, building permit, grading, storm water drainage, engineering, or any other land
use or development approval. Nor shall this Agreement be deemed to reduce, eliminate, derogate
from or otherwise adversely affect any such approvals,permissions or rights. These and any other
required City development approvals and permits shall be processed and issued by the City in
accordance with procedures with respect to same as otherwise set forth in the City's Code of
Ordinances and subject to any conditions of approval thereof. Nothing in this Agreement shall
constitute or be deemed to constitute a limitation, restriction or any other type of waiver of
Developer's right or ability to seek a rezoning, comprehensive plan amendment, variance, special
exception, site plan, preliminary subdivision plan, final subdivision plan, or any other land use or
development approval.
12. Authority. Each party represents and warrants to the other parties that it has all
necessary power and authority to enter into and consummate the terms and conditions of this
Agreement,that all acts, approvals, procedures, and similar matters required in order to authorize
this Agreement have been taken, obtained, or followed, as the case may be, and that, upon the
execution of this Agreement by all parties, this Agreement shall be valid and binding upon the
parties hereto and their successors in interest and assigns.
13. Effective Date. This Agreement shall become effective upon execution by all
parties (the "Effective Date").
14. Amendment. This Agreement may be amended, modified or cancelled by mutual
consent of the parties hereto as represented by a written document executed by the City and the
Developer.
Developers Agreement-Taco Bell 3
15. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Exclusive venue in any action to construe or
enforce the provisions of this Agreement shall be in the circuit court of and for Palm Beach County,
Florida.
16. Recording. Within fourteen(14) days after the execution of this Agreement by the
parties, the City shall record this Agreement with the cost thereof to be borne by the Developer.
17. Indemnification. Developer agrees to defend, indemnify, and hold the City
and the City's its officers, employees, and agents harmless from and against any and all damages,
liabilities, claims, actions, penalties, damages, settlements, judgments, costs and expenses,
including court costs, reasonable attorney's fees, and paralegal expenses, at both the trial and
appellate levels arising directly out of Developer's construction and/or installation of the
Wastewater Improvements (the "Improvements") including, without limitation, losses arising
directly out of or resulting from personal injury,death,damage to property, defects in materials or
workmanship,or a claim that the construction and/or installation of the Improvements violates any
applicable statute, ordinance, administrative order, rule or regulation or decree of any court. The
provisions of this section shall survive the completion and acceptance of the Improvements by the
City.
18. Non-Waiver of Sovereign Immunity.Nothing contained in this Agreement nor in
any instruments executed pursuant to the terms of this Agreement shall be construed as a waiver
or attempted waiver by the City of its sovereign immunity under the Constitution and laws of the
State of Florida.
19. No Third Party Beneficiaries. This Agreement does not create any third party
beneficiary rights in any individual or entity that is not a party to this Agreement.
20. Informed Execution. This Agreement is entered into voluntarily by the Developer
without duress and after full review, evaluation and consideration by the Developer. Developer is
represented by counsel, or alternatively, has been afforded an opportunity to retain counsel for
review of this Agreement.
21. Time is of the Essence. Time is hereby declared to be of the essence in the
performance of the duties and obligations of the respective parties to this Agreement.
22. Captions. The captions or paragraph headings of this Agreement are provided for
convenience only and shall not be deemed to explain, modify, amplify or aid in the interpretation,
or meaning of this Agreement.
23. Independent Parties. City and Developer are not partners and this Agreement is
not a joint venture and nothing in this Agreement shall be construed to authorize the Developer to
represent or bind the City to matters not expressly authorized or provided in this Agreement.
24. Counterpart Signatures. This Agreement will take effect once signed by both
parties. This Agreement may be signed by the parties in counterparts, which together, shall
constitute one and the same agreement among the parties. A facsimile or e-mailed delivered
signature shall constitute an original signature for all purposes.
Developer's Agreement-Taco Bell 4
CITY:
CITY OF BOYNTON BEACH
ATTES : By: a) 0
Name: C,,,,,,A.)`7, G
By: L41//09F • •L/./0 .` Title: j7. c 11 vW JA(irk--
Name: V Shvt G;- •h
Title: ' Clerg
APPROVED AS TO FORM AND LEGALITY
For the uses and reliance of the City of Boynton
;.-- Beach, Florida only
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rt,t"* 0� ,4 y Name:
• 9 Title:
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Dated:
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Developer's Agreement-Taco Bell 5
DEVELOPER:
Knuckles, LLC,a Delaware limited liability
411
company
Illigi
Pr me Il!' _ /OR 6/ By: }4.24.4.704
4 -A l Tlut f..
f ears irl Its: j2 e5 M.e- 4--
Pri '1 �'iI' -Are. a •
STATE OF FLORIDA
COUNTY OF r?,:wavi Safttck
The fore of instrument was executed, worn to and acknowledged before me this
6N The
�� 2011, by nk�4 Lk as of
Knuckles, LLC, a Delaware limited liability company. She/He (check one) is personally
known to me, or❑ has produced a valid driver's license as identification.
pe,..114.a_ , ,,,,,„,a,
Notary Public, Sta d County Aforesaid
Name:
My Commission Expires:
My Commission Number is:
••'� ! CARIDAD A CARRILLO
' :, fli:-1
NotaryPublic.State of Florida 's• Cornmission rr FF 969367
My Comm.Egan Jun 26,2020
.D.0•• Bonded through National Notary Assn
Developer's Agreement-Taco Bell 6
EXHIBIT A
Legal Description of Subject Property
Lot 1,less the existing right of way for US Highway No. 1 (State Road 5,and Lots 2,3,4 and 5, ROBINSON
ADDITION, according to the map or plat thereof, as recorded in Plat Book 23, Page 114, of the Public
Records of Palm Beach County, Florida
Des eloper s Agreement-Taco Bell 7
EXHIBIT B
Approved Site Plan
(ON FOLLOWING PAGE)
Developer's Agreement-Taco Bell 1
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
c - O,. PLANNING AND ZONING DIVISON
3301 Quantum Blvd Ste 101
(rt Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
www.boynton-beach.org
p
rori
October 11, 2019
Mr. Craig Cornelison
Cornelison Engineering
38039 Old Fifth Avenue
Zephyrhills, Florida 33542
Re: Taco Bell
MMSP 19-126
Dear Mr. Cornelison:
In response to your submittal date-stamped September 6, 2019 for the
administrative review and approval of the modifications proposed to
the above-referenced approved site plan, depicting the following:
• Revisions to driveway to line-up with Coastal Bay' s Driveway;
• Revisions to locations of utility easements;
• Addition of a 7' x 15' bus stop easement ; and
• Revision and clarification of the required pedestrian zone along
Federal Highway.
Please be informed that the proposed changes on the revised plan
date-stamped 9/6/19 are "minor" as defined within the Land
Development Regulations, Chapter 2 - Site Plan Review. This project
may continue to be processed by the Building Division as a permit
application, subject to the following conditions :
1 . Remove the railings from the proposed landscape walls .
2. Remove the proposed "screen wall" . Paint all wall mounted
equipment to match the building. Plant trees and shrubs to
further screen the equipment .
Please contact me at (561) 742- 6260 should you have any questions.
Si ce ly,
Amanda Bassiely
Principal Planner