R20-038 RESOLUTION NO. R20-038
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN AMENDMENT NO. 2 TO THE
DEVELOPER'S AGREEMENT WITH KNUCKLES,LLC FOR THE
CONSTRUCTION OF SANITARY SEWER AND LIFT STATION
WET WELL IMPROVEMENTS FOR THE TACO BELL PROJECT
LOCATED AT 2319 FEDERAL HIGHWAY; AND PROVIDING AN
11 EFFECTIVE DATE.
1
1 . WHEREAS, on November 5, 2019, the City Commission approved and authorized
1 the City Manager to sign the Developer's Agreement with Knuckles, LLC for the Taco Bell
1, project located at 2319 Federal Highway; and
1 . WHEREAS, on January 21, 2020, the City Commission approved and authorized the
1: City Manager to sign Amendment No. 1 to the Developer's Agreement with Knuckles, LLC
1 for the Taco Bell project located at 2319 Federal Highway as Resolution R20-010; and
1: WHEREAS, Amendment No. 2 modifies the location of the wet well and gravity
1 sewer on the site to the east to avoid construction issues with a deep excavation near the
211 western property line, a neighboring single family home, and an adjacent FPL power pole;
2 and
2 WHEREAS, with this modification, the length of the gravity sewer line will be
2 shortened and will therefore reduce the total cost of the work; and
2 WHEREAS,the City Commission has determined that it is in the best interests of the
2 residents of the City to approve and authorize the City Manager to sign Amendment No. 2 to
2; Developer's Agreement with Knuckles, LLC for the construction of sanitary sewer and lift
2 station wet well improvements for the taco bell project located at 2319 federal highway.
2;; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2,, THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
311 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
3 ' hereof
3 ; Section 2. The City Commission does hereby approve and authorize the City
3 Manager to sign Amendment No. 2 to Developer's Agreement with Knuckles, LLC for the
3 construction of sanitary sewer and lift station wet well improvements for the taco bell project
S:\CA'RESO\Agreements\Developers Agreement(Amendment#2)with Knuckles(Taco Bell)-Reso.docx
3: located at 2319 federal highway, a copy of Amendment No. 2 is attached hereto as Exhibit
3 "A".
3: Section 3. This Resolution shall become effective immediately upon passage.
3'
44 PASSED AND ADOPTED this 5 day of May, 2020.
4
4. CITY OF BOYNTON BEACH, FLORIDA
4 YES NO
4'
4' Mayor—Steven B. Grant ✓
4:
4 Vice Mayor—Ty Penserga
4:
4' Commissioner—Justin Katz
5I
5 Commissioner—Woodrow L. Hay
5.
5 Commissioner—Christina L. Romelus ✓
5,
5' VOTE S--10
5: ATTEST:
5
5, 4 Aint
61 Cry al Gibson, MMC
6 City Clerk
6.
6
64 (Corporate Seal)
1�
I-
O
.. ..
S.\CA'RESO\Agreements\Developers Agreement(Amendment#2)with Knuckles(Taco Bell).Reso.docx
AMENDMENT NO. 2
This is AMENDMENT NO. 2 to the DEVELOPER'S AGREEMENT (the "Second
Amendment") between the CITY OF BOYNTON BEACH (the "City") and KNUCKLES, LLC
(the "Developer") is made and entered into on May\% , 2020.
WITNESSETH:
WHEREAS,the City and the Developer entered into a Developer's Agreement which
was passed and adopted by the City on November 5, 2019 as Resolution No. R19-136 ("Original
Agreement"); and
WHEREAS, the Original Agreement was amended, and was passed and adopted by the
City on January 21, 2020 as Resolution No. R20-010 ("First Amendment"); and
NOW THEREFORE, in consideration of the promises, mutual covenants, provisions and
undertakings hereinafter contained and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged,the parties agree as follows:
1. On-Site Utilities. The Developer will construct and install a gravity sewer line within
a 12 ft. utility easement on the Developer's property and construct and install a lift
station wet well within a 20 ft. x 20 ft. utility easement, as depicted in Exhibit "A"
attached hereto, in accordance with the project plans provided by the City. The gravity
sewer and wet well will be installed as "dry lines" without flow until Lift Station No.
412 is relocated by the City in the future.
2. Reimbursement. The City will reimburse the Developer after Final Acceptance of the
gravity sewer and wet well improvements in the amount of$169,962.00 based on the
Developer's change order attached hereto as Exhibit "B". Final Acceptance involves
compliance with the City requirements as follows:
a. The granting of appropriate utility easements over the Developer's property as
indicated in paragraph(1) above.
b. The conveyance of said facilities to the City by Bill of Sale.
c. The completion of all City required punch list items.
d. The delivery of final as-built record drawings (two full-size sets of signed and
sealed hard copies, AutoCAD file, and PDF file).
e. Palm Beach County Health Department permit release.
3. Change Orders. Any modifications to the location of the gravity sewer and wet well,
or any modifications to the price shall be accomplished through a written change order
executed by the Developer and the City Manager. The City shall not be responsible for
(00371583.1306-9001821 1
any additional charges,costs,fees,or expenses unless the City Manager executes a written
change order to the Original Agreement, as amended that provides for any consideration
to be paid by the City.
4. Except as amended herein,the City and Developer ratify,approve,and reaffirm the terms
of the Original Agreement, as amended, and the Original Agreement, as amended shall
remain in full force and effect,except as amended herein.
5. In the event of any conflict or ambiguity by and between the terms and provisions of the
Original Agreement, the First Amendment, and this Second Amendment, this Second
Amendment shall control to the extent of any such conflict or ambiguity.
(Signature Page and Exhibits to Follow)
{00371583.1 306-9001821)
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed on the
date and year first written above.
ATTEST: CITY OF BOYNTON BEACH
By:4By: C .- .' F.1 C
/�ar Name: Lori La erriere ht.; F/
Title: City Manager �'v1'r�tO,ii .r- \
APPROVED AS TO 0 AND
LEGAL 4 FICI CY O ., O .! .
� •
iu; 0, ,
C''Attorney tl; - `� -
WITNESSES: KNUCKLES,LLC
a Florida li,ed liabilit/ impany
r
By: / By: Ambits/ r "
Print L-ONi 5 fr/oj2 Title: f/i $az-I--
By: yei.....e.,_(?),_,„el.,
Print
--
Print Name: /26e.44.4_.art.
STATE OF FLORIDA )
)ss:
COUNTY OF ,J,,,a2,,,„ )
The foregoing instrument was acknowled ed before me bym ns of �hysical presence
or o ine notarization, kin is s 15 day of � l �, 2020, by
f i(;pt ,as (name of officer or agent,title of officer
or agent), of nuckles, LLC., a Florida limited liability company, on behalf of the limited liability
company. He/She is personally known to me or has produced
(type of identification)as identification _
A6( / i 112 /
Sign e /
" 'r,�`" MICHELE R.BEACH —L:.t ; . Pt.' I -0L .
A", '., MY COMMISSION#GG 933256 Name and Title
.", —�4p EXPIRES:March 20,2024% 933.156
A TM
Bonded u Public Underwriters 0-3 4'
Commission Number
)00371583.1 306-9001821)
EXHIBIT A
100371583.1306-90018211
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PROPOSED NEW PROPOSED SITE FOR FUTURE ,;17-7,---:---„ i 1 ; }
LOCATION OF LIFT STA770N (20'x20'UTILITY 1 J 1 >
6'DIAMETER WET WELL ASEMENT) w •-- 3;
=x
DEPTH = 25.47' . I/ _ �_
15""RCP INV = 5.83 + m x
8" C-9001
TOP = -4.27 I
10 L.F. OF CONSTRUCT MH
8"DIP GRAVITY APPROX. RIM EL. = 9.40
CURRENT MAIN = SE W INV.V 47
LOCATION
MANHOLE
=
—5.
_ —'-- I 2f0 L.F. OF 8" -f0"UT1LlIY N,• 791290,00
MA0. NHOLE NE � I ® I C-900 PVC .. E. 96358594 k *,
EASEMENT
LOCATION I I GRAVITY MA/Nr
p — cl \ „ DATE:
+. ENGINEER OF RECORD:
�\ 35 00 OF B'
— CHRISTOPHER J.ROSCHEK P.E.
r- REVISED M 12" HOPE INV. = 5.65 $ C-900 PVC FL.UC.NUMBER:5962
10UTTLITY o 8"' C-900 TO.P = -4.61 ti. \\ GRAVITY MAIN ,C
a \ EASEMENT �v� v \
� of CAP FOR FUTURE
FPL POLE (TYP.) FPL POLE (TYP.)
.. ,, w -, w.. `.,, wW w 'w :r w .. w w ?�4—mow�w-�,„, w
_IX r ,,,,,,ER,,,,, CONNECTION
-• SE/NV. = —5.23
12"HOPE INV. = 5.65 S.E.23RD AVENUE
12"HOPE INV. = 5.65 N.• 963608.26
8" C-900 T.O.P = —4.89
,
8" C-900 T.O.P —4.84 E.• 791260 84
�,� ,,.—.-- —, --._w---.—„_—.—.—w.—.--�..—.—_.—w-- --w — —w—'— N—•—.—.—w— —.,.,,, -- `IX 1C�fViQ NNN.—wx-- —ry-- w--.— M. 7` ,.w.G!— — —_-`v —n--
Tw <
-w----w-- —w-------IX r�OIANTYYAN---w----w----s ---a— --w—_. ---- ---- ----------w----f-------------------w-- of----�—
� PLAN VIEW- OPTION 2
a
CURRENT LOCAPON OF SCALE: 1"=30' Boynton Beach Utilities
6'DIAMETER WET WELL
DEPTH = 25.47” 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH,FL 33435
DATE. 11/4/19 TACO BELL-LIFT STATION 412 DRY
SCALE IN FEET DRAWN COO 8 INCH GRAVITY SEWER MAIN
I 1 CHECKED BY:NE SHEET NO.
€ 30 15 0 30 APPROVED BY:CJR CONSTRUCTION PROJECT 1 OF 5
SCALE AS SHOWN OPTION 2
EXHIBIT B
(00371583.1306-90018211
Michael A Romack Contracting CHANGE ORDER
2551 Princess Way
Kissimmee, FL 34746 REQU EST
REVISED#101
DATE: MARCH 24,2020
TO: Taco Bell Boynton
Knuckles LLC/City of Boynton Beach 2319 Federal Highway
Boynton Beach, FL
DESCRIPTION HOURS/QTY RATE AMOUNT
CO-101
Remobilization of equipment and crew for utilities completion after 9800 9800.00
revised plans
Remobilization for de-watering after revised plans 4850 4850.00
CREDIT FOR 126 LF OF 8"C900 PVC 126 130.00 (16380.00)
TOTAL (1730.00)
Make all checks payable to Michael A Romack Contracting
Thank you for your business!