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R91-85RESOLUTION NO. R91-~5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TRI-PARTY AGREEMENT BETWEEN AMERICAN DEVELOPMENT, INC., THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AND THE CITY OF BOYNTON BEACH, WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has been deemed by the City Commission of hhe City of Boynton Beach to be in the best interests of the residents of the City of Boynton Beach to execute a certain Tri-Party Agreement, which Agreement specifically sets forth the duties and responsibilities of each party as it relates to certain roadway improvements to the intersection of N.W. 22nd Street and Congress Avenue and the intersection of Hypoluxo Road and Congress Avenue. NOW, THE,REFORE, 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, Florida hereby authorizes the Mayor and City Clerk to execute a certain Tri-Party Agreement between the American Development, Inc., The Board of County Commissioners of Palm Beach County, Florida and the City of Boynton Beach, being attached hereto as Exhibit "A" and made a part hereof. Section 2. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this l/St day of May, 1991. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: Vi ce Mayor C orrufi-1 s s i onor (Corporate Seal )' dj AGREEMENT This Tri-Party "AGREEMENT", made and entered into this day of , 1991, by and between American Development, Inc., a New Hampshire corporation, its successors and assigns, "DEVELOPER" and the Board of County Commissioners of PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, "COUNTY", and CITY OF BOYNTON BEACH, a municipal corporation duly organized and validly existing under the laws of the State of Florida, "CITY". WITNESSETH: WHEREAS, the DEVELOPER'S property is located on the southwest corner of NW 22nd Avenue & Congress Avenue which will be developed and to be known as "Target Shopping Center"; and WHEREAS, the City of Boynton Beach and Palm Beach County desire to implemen~ improvements to the intersection of N.W. 22nd Street and Congress Avenue which improvements will be made through the contribution of impact fees from new development in the area; and WHEREAS, the DEVELOPER has agreed to contribute additional right-of-way which w~ll benefit the general public by allowing for additional future improvements at the intersection; and WHEREAS, by the City of Boynton Beach Zoning Petition File No. 411, Condition No. 20, the DEVELOPER is required to make certain roadway improvements, one of which is at the intersection of Hypoluxo Road and Congress Avenue and requires the construction of a "second west bound left-turn lane"; and WHEREAS, the DEVELOPER has posted surety with the CITY in the amount of $628,603.60 for the required roadway improvements for the entire Petition which includes $180,000 for construction of a "second westbound left-turn lane" under Letter of Credit #SB9909 dated July 10, 1990 through Northwest Bank Minnesota National Association, Norwest Center, 6th and Marquette, Minneapolis, MN 55479- 0093 Telex (290734 or 822008); and WHEREAS, the COUNTY believes that dual left turn lanes are necessary for east bound left-turning vehicles and desires to construct dual left turns on the west approach in order to provide the appropriate alignment through the intersections and to p~ovide beneficial improvements to the traffic capacity at this intersection; and WHEREAS, the requirements set forth in Boynton Beach Petition File No. 411 for the dual left turn lanes on the east approach combined with the construction of dual left turn lanes on the west approach is hereinafter referred to as the PROJECT; and WHEREAS, the DEVELOPER will proceed with all necessary procedures to design the plans and acquire all required permits, right of way documents, and parcels, etc. in order for the PROJECT to be bid; and WHEREAS, the COUNTY will take all required documents from the DEVELOPER and put the PROJECT out for bid; and WHEREAS, both parties intend to participate in funding the construction of the PROJECT, while the DEVELOPER will contribute all necessary funds associated with the acquisition of required right-of-way parcels. NOW, THEREFORE, in consideration of mutual covenants, promises and agreements therein contained, the parties agree as follows: The above recitations are true and correct and incorporated herein by this reference. Plans and Riqht-Of-Wa¥ Documents As soon as practicable, upon the execution of this Agreement, the DEVELOPER shall enter into an Agreement with a consulting engineering firm for the preparation of construction plans and right-of-way documents for the construction of dual left turn lanes on the east and west approaches of the intersection of Hypoluxo Road and Congress Avenue. The County ~hall have the right to review and approve both the engineering firm and the amount of the contract. A separate accounting/billing shall be accomplished for the additional work to accomplish the dual left turn lanes on the west approach. DEVELOPER shall have preparedand provide to theCOUNTY all necessary right-of-way acquisition documents including but not limited to survey, property owners maps, legal descriptions for acquisition, and parCelled right-of-way maps required for the construction of the PROJECT and subject to the approval of the County Engineer. These documents shall include a title search for a minimum of 25 years. COUNTY shall have the right to review and approve the Plans. Such plans shall comply with Palm Beach County standards and specifications in connection with the construction of County roadways. Such approval may not be unreasonably withheld. After approval the County shall prepare to construct the Specified Improvements. It is the intent that the plans, certified cost estimates, and the right-of-way documents be completed and provided to the COUNTY prior to April 1, 1992. (Documents shall consist of sketches and descriptions.) The COUNTY shall provide appropriate plan review comments back to the DEVELOPER within 4 weeks of receipt of plan submittal. Upon completion of Plans and right of way acquisition, DEVELOPER shall provide all plans, permits, specifications and any other necessary documents in order for the COUNTY to take the PROJECT to bid. Riqht-Of-Wa¥ Acquisition The COUNTY will take such action as may be necessary to acquire any necessary right-of-way for the PROJECT ("Acquisition Property"); provided, however, that the DEVELOPER shall advance the funds necessary to acquire such Acquisition Property payable at such time as requested by the County to fund the acquisition. It is the intent that this right-of-way acquisition shall be completed prior to April 1, 1992. The DEVELOPER shall enter into a mutually acceptable written agreement with the Right-Of-Way Acquisition Section upon request by the Manager of Right-of-Way Acquisition concerning the funding of the Acquisition Property. Construction a4 Upon completiom of the plans and acquisition of right-of-way, the COUNTY shall let a contract for the construction of the PROJECT according to the plans. It is the intent that this construction be commenced within six (6) months of right-of-way acquisition. Fundinq The DEVELOPER shall contribute funds to cover the construction of the east approach dual left turn lanes of the PROJECT as shown in the certified cost estimate prepared by Kimley-Hnrn and Associates dated June 20, 1990 along with necessary transitions west of the intersection (Developer's Obligation). This contribution is estimated to De $180,000. COUNTY will provide funding as described in the certified cost estimate, which is estimated to be $46,000 which will provide for the additional cost to provide dual left turn lanes on.the west approach. In the event that the actual construction costs exce6d the total of $226,000, the extra funding req~Jmements will be assigned proportionally with 80% to the DEVELOPER, and 20% to theCOUNTY. The DEVELOPER'S funds shall be p~d to ~atm'Beach County upon request from the cOUNTy when the PROJECT is 'read~ .for bid based on an engineer's e~timate taken ~rom the actual cons~ructio~ pl?s. Any additional fupds required as a res~l!t of a~tual construction costs that have exceeded the $226,000 shalli be pa~d at thetime of incurringthe cost a~sociated.wi~h it. Any funds co~ected fpom th~ DEVELOPER that are not expended on the project shall be refunded. If ~he COUNTY.declares the DEVELOPER to be in default, written notice must be g~ven to the DEVELOPER. The DEVELOPER then has 30 days to rectify the declared status before surety can be released. In case of d~faul~ by th6 DE~E[OPER for funding, the CITY shall release such required .funds to the COUNTY from previously posted surety. All funding for right-of-way acquisition will be incurred by the DEVELOPERincluding.~]l co~ts associated with survey, property owner map~, legal descriptions, and parcelled right of way maps required for~ construction of the PROJECT. Palm Beach County's obligation under this agreement shall not exceed $60,000. The County has included this project in the Intersection Improvement Program b~dget. The program budget shall be used to provide the COUNTY'S portion of the required funds. The DEVELOPER'S participation in this project shall be credited against the COUNTY'S Traffic Impact Fee to the extent p~ovided for in the COUNTY'S Fair Share Contributions for Road Improvements Ordinance, No. 89-19. It has been determined by Palm Beach County that the subject improvement is fully creditable under Ordinance 89-19. Upon completion of the plans, certified cost estimates, right-of-way documents, right-of-way acquisition, and all other documents required for the COUNTY to take the contract to bid, the DEVELOPER shall provide the COUNTY wilth reasonable documentation of all costs and expenses incurred by the Developer in connection with the preparation of the Plans, documents, and right-of-way acquisition. These documented costs shall be credited against the DEVELOPER'S traffic impact fees, as provided for in the COUNTY's Fair Share Contribution for Road Improvements, Ordinance No. 89-19. Upon remittance to the COUNTY by the DEVELOPER of the funds for the construction of the project, these costs will also be included as part of the DEVELOPER'S traffic impact fee credit. The DEVELOPER agrees to contribute $60,000 to the intersection improvements at 22nd Avenue and Congress Avenue. This is in full satisfaction of improvement geometry identified in the Development Conditions for the subject property. This contribution will be creditable against County traffic impact fees. The coven.ants and agreements of the DEVELOPER contained in this Agreement are not personal but run with the Property and shall be binding upon and inure to heirs, successors, transferees, or successors in interest to the property. 10. 11. The covenants and agreements of DEVELOPER contained in this agreement are in full satisfaction of all off-site improvements required by the Development Conditions for the subject property. All notice, demands or other communications hereunder shall be in writing, addressed to the parties as follows: 12. 13. 14. 15. As to the DEVELOPER: American Development Inc. c/o Alan Ciklin Boose Casey Ciklin Lubitz Martens McBane & O'Connell Northbridge Tower I, 19th Floor 515 North Flagler Drive West Palm Beach, FL 33401 As to the COUNTY: Palm Beach County c/o Charles R. Walker, Jr., P.E. Acting Assistant County Engineer Post Office Box 21229 West Palm Beach, FL 33416 As to the CITY: City of Boynton Beach c/o Mr. Scott Miller City Manager P. O. Box 310 120 N.E. 2nd Avenue Boynton Beach, FL 33435 Unless the address is changed by a party bylike notice given to the other, notice shall be in writing, mailed certified mail, return receipt requested, postage prepaid and shall be deemed delivered when mailed or upon hand delivery to the address indicated. Notwithstanding the foregoing, notice, requests or demands or other communications referred to herein may be sent by telegraph or Federal Express but shall be deemed given only when received. The governing law of this Agreement shall be construed and determined in accordance with the laws of the State of Florida. Venue with respect to any litigation shall be Palm Beach County, Florida. No waiver of any of the provisions of this Agreement shall be effective unless in writing and signed by the parties against whom it is asseted and any such written waiver shall only be applicable to the specific instance to which it relate and shall not be deemed to be continuing or future waiver. The provisions of this Agreement may not be modified, rescinded or amended in whole or in part without the written consent of DEVELOPER and the COUNTY. In the event that any time frame referenced in this Agreement cannot be attained through no fault of the DEVELOPER, the DEVELOPER may apply to the County for a time extension. This extension shall not be unreasonably withheld. THIS AGREEMENT shall become effective upon approval of the Board of County Commissioners of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have hereunto have set their hands and seals on the dates set forth below. ATTEST: AMERICAN DEVELOPMENT, INC. BY: DATED: (CORPORATE SEAL) ATTEST: John B. Dunkle, Clerk PALM BEACH COUNTY, FLORIDA BY ETS BOARD OF COUNTY COMMISSIONERS BY: Deputy Clerk BY: DATED: Chairman Approved as to form and legal sufficiency: BY: County Attorney CITY OF BOYNTON BEACH, FLORIDA BY: DATED: ATTEST: sb\abh\American.Dev 5 ,/ AGREEMENT This Tri-Party "AGREEMENT". made and entered intG this day of , 1991, by and between American Development, Inc., a New Hampshire corporation, it~ successors and assigns, "DEVELOPER" and~ ~he Board of County Commissioner~ of PAL? BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, COUNTY , and~C~TY"OF BOYNTON BEACH, a municipal corporation duly or'ganized.and validly existing under the laws of the~St~t~ Of Florida, "CITY". W I T N ES S E T H: WHEREAS~.the~DEVELQPE~S~property is ~oca~ed on .tb~.~outhwest corner of NW 22nd A~enu~ ~& O~Q~s~ Aiwe~]~.. .. -~hi~h. wil~ be .~e~el o~ed~ ~.~a~d to be known as Target S pp~ng. Center~ and~ WHEREAS, the City of .Boynton Beach a~d Palm Beach County desire to implement i~p~Oveme~ts..~!~\~!~iinte~s?Ction ~f ~N.~.~2~iS~eet and Congress Avenue ~hic~ im~r~men~ ~i~lil~e~madelth~ougHthe:o~'t~i~%Jon of impact fees from new development in~thei~r~a; ~nd WHEREAS, the DEVELOP~'~h~s~agreed to ce~ibute addlitional right-of-way which Will.:bene~it]~th~r~l~ ~ublic by.'~lowi.~gi-~f~-additional future improvements at the inter~c~ion; ~nd WHEREAS, ~by the~)~:~iD~ B~nton Beach Zoning Petition File No. 411, Conditio~ No; 20~ ~heiDEV~b~jsLi~q~ired to make certai~' ~o~dway improvements, one o~ w~ch tsi!a~ ~.iiH~c~)o~nio~ Hypoluxoi~Road and.Cengress Avenue and requi r~s t~e. co~S~eu~b~o~ J~ ~'?!$eComd west bpund 1 eft~turn' ~ ane"; and WHEREAS, the DEVEL~PEB ~as ~osted surety with the CITY in the amount of $628,603.60 for the mequ)~e~-Ho~d~a6,1improvem~nt~s~ for the entire Petition which includes $180,000 f~CO~~ af~a "second m~tboun~left-turn lane" under Letter of Credit ~SB~gOg?a~Jql~ ~10, 1990 th~D~gh NOr~.~st Bank Minnesota Natiohal AssoCiat~'o~jNO~6t~; 6th and..Mar~Qettej'Mi,nneapolis, MN 55479- 0093 Tel ex (290734 o~ ~2~O~])~;]'tahU WHEREAS, the COUNT~ ~li'eve~ that dual left turn lanes are necessary for east bound left-turn~'ng~v~h~nd desires t.o cQns~uc~.~Q~l left turns on the west aenroach in i OPhir~ ~!~o~ide~.the apprD~riate' ~]ig~ment through the inter~e~io~n's andt~ro~id~!~fi~ial improve~en.tst~-~'.traffic capacity at this intersection; ~nd WHEREAS, the requirements set forth in Boynton Beach Petition File No. 411 for the dual left turn lanes on the east approach'combined with the construction of dual left turn,lanes Qn ~he west approach is hereinafter referred to as the PROJECT; and WHEREAS, ~he DE~ELOPB~R..will proceed with all necessary procedures to design the p'lans~ and ~acqui¥~'i~ll .required permits, right of way documents, and parcels, e~c. in order for ~he PROJECT to be bid~ and WHEREAS, the COUNTY will take all required documents from the DEVELOPER and put th9 ~ROJECT out for b~d; and WHEREAS, both partieS',.intendto participate in.funding the construction of the PROJECT, while the DEVELOPER will contribute all necessary funds associated with the acquisition of required right-of-way parcels. NOW, THEREFORE, in consideration of mutual covenants, promises and agreements therein contained, the parties agree as fellows: 1. The above recitat'ions are true and correct and incorporated herein by this reference. 5. Fundinq The DEVELOPER shaql contribute funds to cover the con,struction of the east approach dual left turn lanes of the-PROJECT as shown in the certified cost es b~ Kimley-Horn and Associates d~ted June 20, transitions.west of the intersection .This c6ntribution is provide funding as described estimated to in the certi which w$]q lanes t estimate, DEVELOPER, which is estimated to be $46,000 cost to pr~vid~dual left turn In the ev~n~ that the actual the extra funding to the shall be COUNTY when the ~ken from red as a $226,000 With it. mt expended on the e If the !COUNTY ~declares the.DEVELOPER to be i n defaul t, written noti ce must..be~givep~to t)~' D~ELOPER. The DEVELOPER then has 30 days to rec~fy,~%h~.,~.~c.l.~r~L..~[mtus before surety can~be, released. In case of defaU~It by~it~heJ~[~E[~lRER for funding, the CITY shall release such requirec~ f~n~.~t~ the~COUNTY from previously posted surety. All fund~ing~r r~§h~o6-way acquisition will be incurred by the DEVELORER ~inc~di~g~al~tlCo~ts associated with survey, property owner maps~ ]egaJ ~S:r}~t$~m~ and parcelled iright of way ma~s required for co~tr~(~n O~ %~te. PROJECT. }gation under thi~ agreement shall not exceed $6O The County hZs ~ncluded th~s )~roject in thQ Int~ Program budge~. The program, budget shal-1 be used to port~o~ ~of~ ~ req~)i~d t~unds.~ The DEVELOPER S project ~al)~be c~i~~ against the COUN~Y~ ~ra~f extent ~prow~d fo~,~n.~he~,~OUNTY S Fair SharQ C~ Improv~ents~Qrd~,n~ce, NO+ 8g~lg. It has beqn deep County ,tha~: ~e su~ect ~ im~ovemen~ i s fully ~r~i 89-19. -~ ~;~ ~ - ,s,ectio~ ~mprovement prowde the COUNTY S rticipation in this Impact Fee to the tributions for Road rmined by Palm Beach ~ble un~dem Ordinance Upon ght-of-way docume) uired for the provide the COUNT' exp:enses incurred by f ~he Plans, documents, costs shall be credit( for in the ~ance No. 89-19. funds for the as part of the ~D! 'ee credit. The DEVELOPER agrees to contribute $60,000 to the intersection improvements at 22nd Avemue and C~ngre~s .Aven?. This is in full satisfaction of improvement igeometry identified ~n the Development Conditions for the subject property. T~is contribution will be creditable against County traffic imp~t fees. The covenants and agreements of the DEVELOPER contained in this Agreement are not personal but run with the Property and shall be binding upon and inure to heirs, successors, transferees, or successors in interest to the property. 3 THIS AGREEMENT shall become effective upon approval of the Board of County Commissioners Of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have hereunto have set their hands and seals on the dates set forth below. ATTEST: AMERICAN DEVELOPMENT, INC. BY: DATED: (CORPORATE SEAL) ATTEST: John B. Dunkle, Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY: Deputy Clerk BY: DATED: Chairman Approved as to form and legal sufficiency: BY: County Attorney CITY OF BOYNTON BEACH, FLORIDA BY: DATED: ATTEST: sb\abh\American.Dev 10. The covenants and agreements of DEVELOPER contained in this agreement are in ful]~ satisfaction of~ all off-site ~improvements required by the Developmen~Conditions forthe ,subje~tpropertY.' 11. Altnot~ce, demandso~other communications hereundershall be in writing, addressed to the p~rties as follows:~ . 12. 13. 14. 15. As to the DEVELOPER: American Development Inc; C~O A1 an Cikl !n BoeseCasey..Ciklin LUbitz Martens McBane&:O'Conn~ll NorthbridgeTower I, 19th Floor '515Nort'h F!agler Drive West-PalmBea~h, FL 33401 As to the COUNTY: PalmBeach.Countyl . C/~?Ch'~dles R. Walke~,~Jr., P.E. ACt~hg~AssistantCount~ iEngineer PoS~,Offi6e. B°x 21229 West Palm Beach, FL 33416 As to the CITY: City of BoYn[on~B~ach · ~/.~ Mr~ Scott Mi.~ler Cit~ Manager · ' · P~ O~ Box'31D 120 N.E. 2nd Avenue Boyn~on BeaCh,~ FL 33435 Unless the address is changed by $!p~mty by l~e notice given to the other, notice shall be in writing,'~led .~i~l~f~ed mail, return receipt requested, postage prepaid and ~)~all be dee~)e~i delivered when mailed or upon hand delivery to the ad~l!~S$~ inUic~t~d. Notwithstanding the foregoing, notice, requests or d6m~nds O~ Other~ commUnications referred to herein may be sent by telegra@b or Federal Express but shall be deemed given only when received. The governing law of this Agreem~ shall:,~be ~onstrued and determined in acco{~dance w. ith the laws of th~ ~b~te of Florilda.. Venue with respect to any litigation shall be Palm B~a~i county, Florida. No waiiv~r of-any of the proviSi~n~ of ~his!Agreement shall be effective unless in writing and signed by ~eparties against whom it is asseted and any such w~itten waiver shall on)Ybe applicable to the specific instance to which ~t relate.and shall not, be ~6emed io be continuing or future wai ve~. The provisions of this A~reement~m~y not. be mod!ified,~ rescinded or amended in whole Or in part without !~he Written C~sent of DEVELOPER and the COUNTY. !n %be event that any time fmam~i refe~encedtn this~.Agreement cannot be attained throughno fault of th~!~BVELOPER, ~he DEVELOPER may apply to the Coun~ for a time extension. T~is extension' shall .not be unreasonably withheld. Plans and.R,i.qht-Of-Way Documents a~. . As soon as practicable,~ upon the execution of this Agreement, the - DEVELOPER shall' eniter in~:o anAgreem~nt'with a.consultinb ehg~nee~ng firm fo~ the p~epa~ation of ~ons~ru~t~on plans and ~gh~-of-way documents for the cOhs~ructiOn of dua] left turn lanes on the e~st a~d w~st ap.p~osches :of the.intersection of Hypo] uxo Road an~ Congress Av~nue~ : The: Co~n~ty shall:have th~.'r~gh~ t'~ ~evie~ ~nd approve both ~he engiae~ng, firm~ and~ ~he~amoun~ ~f~e:c~ntr,~; ~'~sepa?~e accounting/bil ~ ing shall be accomPt~i she&,fo.r~ %he 'add,i~i ona~)WOrK ~o accomplish the du~l left turn lanes on the west approach, DEVELOPER -sha) l ~hQve j~pm~ed 'and?prov, ide ~o.,~he CO~N:FY ~! II neces s ary ri~h't~f~wa~ aCq~s~i~n ~d~me~ts ~nc}ud~g,~ but]~o~ ]:imit~d. to survey, p~0peKty o~ners maps,` Hegal ~ descriptions ~or. acquisiu3 on, and par~ell4d r~ght~-Of~Way ~;~Ps=r/4qu~ired fern :the con~truCt) o~n of the P~CTi~d ~sub~ec:t ~o~th:~ a~pr0val of ~b~e 6ounty: ~ng)neer. These doCU~nt[s shall {nciudd; a~=i~?tl:e, search fob a, minimdm of 125 years. Such and L County After I)np~ b. Co bid. Riqht-Of-Wa¥~Acqui'sit:ion a The C Recess provid as req that t 1, 199 and the 'ior and review of plan ny other to. tak~:the PROJECT to {TY Wilt' take such action as may,be necessary to ~cquire any ry right-ofrway for the PROJECT ( Acqu]sl~t]on Proper y ), ~i ho{vever, that the DEVELOPER shall advance the funds cY to acquire Such,~Acqu~sit~on Property payab3 e at such t~m ,sted by the County to fund'~the acquisition, .It is the intent is:r~ght-of~waY acquisition shall ,be completed pr~or to April b. ,]he D~VELOPER shall enter-into a m. utually acceptal~le written · ~?ee~nt wi,th the Right-Of-Way Acquisition Section upod request by i~tli~l{nage~ of Right-of.-Way Acquisitioo concerning the funding of the A~quisition Property. ~ Construction Upon ~,ompletlon,of the plans and acquisition of right-~)f-way, the shall let a contract for the construction of ~he PR. OJECT ~'¢COeSinq to the plans. It,is the intent that,this construction be C0mmJ~ice~ within six {6) months Of right-of-way acquisition. R91 I L . AGREEMENT L This Tri -Party "AGREEMENT ", made and entered into this day of ,e ber, 1991, by and between American Development, Inc., a New Hampshire corporation, its successors and assigns, "DEVELOPER" and the Board of County Commissioners of PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, "COUNTY ", and CITY OF BOYNTON BEACH, a municipal corporation duly organized and validly existing under the laws of the State of Florida, "CITY ". W I T N E S S E T H: WHEREAS, the DEVELOPER'S property is located on the southwest corner of NW 22nd Avenue & Congress Avenue which will be developed and to be known as "Target Shopping Center "; and WHEREAS, the City of Boynton Beach and Palm Beach County desire to implement improvements to the intersection of N.W. 22nd Street and Congress Avenue which improvements will be made through the contribution of impact fees from new development in the area; and WHEREAS, the DEVELOPER has agreed to contribute additional right -of -way which will benefit the general public by allowing for additional future improvements at the intersection; and WHEREAS, by the City of Boynton Beach Zoning Petition File No. 411, Condition No. 20, the DEVELOPER is required to make certain roadway improvements, one of which is at the intersection of Hypoluxo Road and Congress Avenue and requires the construction of a "second west bound left -turn lane "; and WHEREAS, the DEVELOPER has posted surety with the CITY in the amount of $628,603.60 for the required roadway improvements for the entire Petition which includes $180,000 for construction of a "second westbound left -turn lane" under Letter of Credit #SB9909 dated July 10, 1990 through Northwest Bank Minnesota National Association, Norwest Center, 6th and Marquette, Minneapolis, MN 55479- 0093 Telex (290734 or 822008); and WHEREAS, the COUNTY believes that dual left turn lanes are necessary for east bound left- turning vehicles and desires to construct dual left turns on the west approach in order to provide the appropriate alignment through the intersections and to provide beneficial improvements to the traffic capacity at this intersection; and WHEREAS, the requirements set forth in Boynton Beach Petition File No. 411 for the dual left turn lanes on the east approach combined with the construction of dual left turn lanes on the west approach is hereinafter referred to as the PROJECT; and WHEREAS, the DEVELOPER will proceed with all necessary procedures to design the plans and acquire all required permits, right of way documents, and parcels, etc. in order for the PROJECT to be bid; and WHEREAS, the COUNTY will take all required documents from the DEVELOPER and put the PROJECT out for bid; and WHEREAS, both parties intend to participate in funding the construction of the PROJECT, while the DEVELOPER will contribute all necessary funds associated with the acquisition of required right -of -way parcels. NOW, THEREFORE, in consideration of mutual covenants, promises and agreements therein contained, the parties agree as follows: 1. The above recitations are true and correct and incorporated herein by this reference. 1 5. Funding a. The DEVELOPER shall contribute funds to cover the construction of the east approach dual left turn lanes of the PROJECT as shown in the certified cost estimate prepared by Kimley -Horn and Associates dated June 20, 1990 along with necessary transitions west of the intersection (Developer's Obligation). This contribution is estimated to be $180,000. COUNTY will provide funding as described in the certified cost estimate, which is estimated to be $46,000 which will provide for the additional cost to provide dual left turn lanes on the west approach. In the event that the actual construction costs exceed the total of $226,000, the extra funding requirements will be assigned proportionally with 80% to the DEVELOPER, and 20% to the COUNTY. The DEVELOPER'S funds shall be paid to Palm Beach County upon request from the COUNTY when the PROJECT is ready for bid based on an engineer's estimate taken from the actual construction plans. Any additional funds required as a result of actual construction costs that have exceeded the $226,000 shall be paid at the time of incurring the cost associated with it. Any funds collected from the DEVELOPER that are not expended on the project shall be refunded. b. If the COUNTY declares the DEVELOPER to be in default, written notice must be given to the DEVELOPER. The DEVELOPER then has 30 days to rectify the declared status before surety can be released. In case of default by the DEVELOPER for funding, the CITY shall release such required funds to the COUNTY from previously posted surety. c. All funding for right -of -way acquisition will be incurred by the DEVELOPER including all costs associated with survey, property owner maps, legal descriptions, and parcelled right of way maps required for construction of the PROJECT. d. Palm Beach County's obligation under this agreement shall not exceed $60,000. 6. The County has included this project in the Intersection Improvement Program budget. The program budget shall be used to provide the COUNTY'S portion of the required funds. The DEVELOPER'S participation in this project shall be credited against the COUNTY'S Traffic Impact Fee to the extent provided for in the COUNTY'S Fair Share Contributions for Road Improvements Ordinance, No. 89 -19. It has been determined by Palm Beach County that the subject improvement is fully creditable under Ordinance 89 -19. 7. Upon completion of the plans, certified cost estimates, right -of -way documents, right -of -way acquisition, and all other documents required for the COUNTY to take the contract to bid, the DEVELOPER shall provide the COUNTY with reasonable documentation of all costs and expenses incurred by the Developer in connection with the preparation of the Plans, documents, and right -of -way acquisition. These documented costs shall be credited against the DEVELOPER'S traffic impact fees, as provided for in the COUNTY's Fair Share Contribution for Road Improvements, Ordinance No. 89 -19. Upon remittance to the COUNTY by the DEVELOPER of the funds for the construction of the project, these costs will also be included as part of the DEVELOPER'S traffic impact fee credit. 8. The DEVELOPER agrees to contribute $60,000 to the intersection improvements at 22nd Avenue and Congress Avenue. This is in full satisfaction of improvement geometry identified in the Development Conditions for the subject property. This contribution will be creditable against County traffic impact fees. 9. The covenants and agreements of the DEVELOPER contained in this Agreement are not personal but run with the Property and shall be binding upon and inure to heirs, successors, transferees, or successors in interest to the property. 3 2. Plans and Right -Of -Way Documents a. As soon as practicable, upon the execution of this Agreement, the DEVELOPER shall enter into an Agreement with a consulting engineering firm for the preparation of construction plans and right -of -way documents for the construction of dual left turn lanes on the east and west approaches of the intersection of Hypoluxo Road and Congress Avenue. The County shall have the right to review and approve both the engineering firm and the amount of the contract. A separate accounting /billing shall be accomplished for the additional work to accomplish the dual left turn lanes on the west approach. DEVELOPER shall have prepared and provide to the COUNTY all necessary right -of -way acquisition documents including but not limited to survey, property owners maps, legal descriptions for acquisition, and parcelled right -of -way maps required for the construction of the PROJECT and subject to the approval of the County Engineer. These documents shall include a title search for a minimum of 25 years. COUNTY shall have the right to review and approve the Plans. Such plans shall comply with Palm Beach County standards and specifications in connection with the construction of County roadways. Such approval may not be unreasonably withheld. After approval the County shall prepare to construct the Specified Improvements. b. It is the intent that the plans, certified cost estimates, and the right -of -way documents be completed and provided to the COUNTY prior to April 1, 1992. (Documents shall consist of sketches and descriptions.) The COUNTY shall provide appropriate plan review comments back to the DEVELOPER within 4 weeks of receipt of plan submittal. c. Upon completion of Plans and right of way acquisition, DEVELOPER shall provide all plans, permits, specifications and any other necessary documents in order for the COUNTY to take the PROJECT to bid. 3. Right -Of -Way Acquisition a. The COUNTY will take such action as may be necessary to acquire any necessary right -of -way for the PROJECT ( "Acquisition Property "); provided, however, that the DEVELOPER shall advance the funds necessary to acquire such Acquisition Property payable at such time as requested by the County to fund the acquisition. It is the intent that this right -of -way acquisition shall be completed prior to April 1, 1992. b. The DEVELOPER shall enter into a mutually acceptable written agreement with the Right -Of -Way Acquisition Section upon request by the Manager of Right -of -Way Acquisition concerning the funding of the Acquisition Property. 4. Construction a. Upon completion of the plans and acquisition of right -of -way, the COUNTY shall let a contract for the construction of the PROJECT according to the plans. It is the intent that this construction be commenced within six (6) months of right -of -way acquisition. 2 10. The covenants and agreements of DEVELOPER contained in this agreement are in full satisfaction of all off -site improvements required by the Development Conditions for the subject property. 11. All notice, demands or other communications hereunder shall be in writing, addressed to the parties as follows: As to the DEVELOPER: American Development Inc. c/o Alan Ciklin Boose Casey Ciklin Lubitz Martens McBane & O'Connell Northbridge Tower I, 19th Floor 515 North Flagler Drive West Palm Beach, FL 33401 As to the COUNTY: Palm Beach County c/o Charles R. Walker, Jr., P.E. Acting Assistant County Engineer Post Office Box 21229 West Palm Beach, FL 33416 As to the CITY: City of Boynton Beach c/o Mr. Scott Miller City Manager P. 0. Box 310 120 N.E. 2nd Avenue Boynton Beach, FL 33435 Unless the address is changed by a party by like notice given to the other, notice shall be in writing, mailed certified mail, return receipt requested, postage prepaid and shall be deemed delivered when mailed or upon hand delivery to the address indicated. Notwithstanding the foregoing, notice, requests or demands or other communications referred to herein may be sent by telegraph or Federal Express but shall be deemed given only when received. 12. The governing law of this Agreement shall be construed and determined in accordance with the laws of the State of Florida. Venue with respect to any litigation shall be Palm Beach County, Florida. 13. No waiver of any of the provisions of this Agreement shall be effective unless in writing and signed by the parties against whom it is asseted and any such written waiver shall only be applicable to the specific instance to which it relate and shall not be deemed to be continuing or future waiver. 14. The provisions of this Agreement may not be modified, rescinded or amended in whole or in part without the written consent of DEVELOPER and the COUNTY. 15. In the event that any time frame referenced in this Agreement cannot be attained through no fault of the DEVELOPER, the DEVELOPER may apply to the County for a time extension. This extension shall not be unreasonably withheld. 4 THIS AGREEMENT shall become effective upon approval of the Board of County Commissioners of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have hereunto have set their hands and seals on the dates set forth below. ATTEST: AMERICAN DEVELOPMENT, INC. r BY: � �'..1 ctce Z. Ca (' 4 C DATED: V49/ (CORPORATE SEAL) ATTEST: PALM BEACH OUNTY, FLORIDA BY John B. Dunkle, Clerk ITS BO IF COUNTY COMMISSIONERS B : Deputy Clerk hairman DATED 8 P Approved as to form CITY 1 BOYNTON BEA H, FLORIDA and legal sufficiency: /� / BY: .f ' BY:122/ i , d � ri � —� DATED: ����/ C-iunty Attorney ,APPROV AE TpD'�FORM ATTEST: C TY ATTORNEY / sb \abh \American.Dev 5 Board of-County Commissionei County A,dminisi ratar ,J l,1 i Karen T Marcus, Chair j;/° , Jan \\ ner Carole Phillips, Vice Chair Carol A. Roberts Carol J. Elmquist Mary McCarty B Department of Engineering Ken Foster "t•IS-� and Public Works Maude Ford Lee a x , a0 J.' N ` / ' October 8, 1991 ,4. C.7' .— ayetV‘I de. Scott Miller, City Manager City of Boynton Beach P. 0. Box 310 Boynton Beach, FL 33435 RE: N.W. 22ND STREET AND CONGRESS AVENUE INTERSECTION IMPROVEMENTS Dear Mr. Miller: Enclosed please find one (1) executed Agreement regarding the above subject. If you have any questions concerning this matter, please do not hesitate to contact this office. Sincerely, OFFICE OF THE COUNTY ENGINEER RECEIVED Cha es R. Walker, Jr., P.E. Acting Assistant County Engineer OCT 14 1991 CRW:emg CITY MANAr "RCS Attachment - executed original pc: Joseph Bergeron, C.P.A. - Director, Fiscal Management Amy Harris, P.E. - Special Projects Engineer, Traffic Division File: Municipalities - City of Boynton Beach Intersections - N.W. 22nd Street & Congress Avenue abh \nw22.cng "An Equal Opportunity - Affirmative Action Employer" Box 21229 WEST PALM BEACH, FLORIDA 33416 -1229 (407) 684 -4000 printed on recycled paper c gyp, AGENDA MEMORANDUM NO. 91 -126 . � t --� i May 21, 1991 VI. LEGAL G irl s . -LI' 9 / C.3 Proposed Resolution No. R91- RE: Tri -Party Agreement with Palm Beach County, American Development Corporation and City of Boynton Beach - Hypoluxo Road and Congress Avenue In calender year 1990 the Boynton Beach City Commission approved a site development plan located on the SW corner of NW 22nd Avenue and Congress Avenue known as "Target Shopping Center ". At that time the City of Boynton Beach and Palm Beach County desired to construct improvements to the inter- section of NW 22nd Avenue and Congress Avenue, such improvements to be made through the contribution of impact fees from new development in the area. The developer (American Development Corporation) agreed to contribute the additional right -of -way needed for improvement at the intersection. Further, pursuant to Boynton Beach Zoning Petition File #411, Condition #20, the developer was required to make certain roadway improvements, one being at the intersection of Hypoluxo Road and Congress Avenue; more specifically the construction of a dual left turn lane. The developer has posted surety with the City in the appropriate amounts for this roadway improvement work to be completed. The Tri -Party Agreement between Palm Beach County, American Development Corporation and the City of Boynton Beach, being a revised agreement sets forth the duties and responsibilities of each party as it relates to these roadway improvements. Your approval please. _AZ w J. Scott Miller. City Manager JSM: jc Attachment ' cc: Engineering Finance RESOLUTION NO. R91 -j5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TRI -PARTY AGREEMENT BETWEEN AMERICAN DEVELOPMENT, INC., THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AND THE CITY OF BOYNTON BEACH, WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A "; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has been deemed by the City Commission of the City of Boynton Beach to be in the best interests of the residents of the City of Boynton Beach to execute a certain Tri -Party Agreement, which Agreement specifically sets forth the duties and responsibilities of each party as it relates to certain roadway improvements to the intersection of N.W. 22nd Street and Congress Avenue and the intersection of Hypoluxo Road and Congress Avenue. 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, Florida hereby authorizes the Mayor and City Clerk to execute a certain Tri -Party Agreement between the American Development, Inc., The Board of County Commissioners of Palm Beach County, Florida and the City of Boynton Beach, being attached hereto as Exhibit "A" and made a part hereof. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of May, 1991. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 'ATTEST: 'City Clerk (Corporate Seal) 1 r , AGREEMENT This Tri -Party "AGREEMENT ", made and entered into this day of , 1991, by and between American Development, Inc., a New Hampshire corporation, its successors and assigns, ' DEVELOPER and the Board of County Commissioners of PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, "COUNTY ", and CITY OF BOYNTON BEACH, a municipal corporation duly organized and validly existing under the laws of the State of Florida, "CITY" WITNESSETH: WHEREAS, the DEVELOPER'S property is located on the southwest corner of NW 22nd Avenue & Congress Avenue which will be developed and to be known as "Target Shopping Center "; and WHEREAS, the City of Boynton Beach and Palm Beach County desire to implement improvements to the intersection of N.W. 22nd Street and Congress Avenue which improvements will be made through the contribution of impact fees from new development in the area; and WHEREAS, the DEVELOPER has agreed to contribute additional right -of -way which will benefit the general public by allowing for additional future improvements at the intersection; and WHEREAS, by the City of Boynton Beach Zoning Petition File No. 411, Condition No. 20, the DEVELOPER is required to make certain roadway improvements, one of which is at the intersection of Hypoluxo Road and Congress Avenue and requires the construction of a "second west bound left -turn lane "; and WHEREAS, the DEVELOPER has posted surety with the CITY in the amount of $628,603.60 for the required roadway improvements for the entire Petition which includes $180,000 for construction of a "second westbound left -turn lane" under Letter of Credit #SB9909 dated July 10, 1990 through Northwest Bank Minnesota National Association, Norwest Center, 6th and Marquette, Minneapolis, MN 55479- 0093 Telex (290734 or 822008); and WHEREAS, the COUNTY believes that dual left turn lanes are necessary for east bound left - turning vehicles. and desires to construct dual left turns on the west approach in order to provide the appropriate alignment through the intersections and to provide beneficial improvements to the traffic capacity at this intersection; and WHEREAS, the requirements set forth in Boynton Beach Petition File No. 411 for the dual left turn lanes on the east approach combined with the construction of dual left turn lanes on the west approach is hereinafter referred to as the PROJECT; and WHEREAS, the DEVELOPER will proceed with all necessary procedures to design the plans and acquire all required permits, right of way documents, and parcels, etc. in order for the PROJECT to be bid; and WHEREAS, the COUNTY will take all required documents from the DEVELOPER and put the PROJECT out for bid; and WHEREAS, both parties intend to participate in funding the construction of the PROJECT, while the DEVELOPER will contribute all necessary funds associated with the acquisition of required right -of -way parcels. NOW, THEREFORE, in consideration of mutual covenants, promises and agreements therein contained, the parties agree as follows: 1. The above recitations are true and correct and incorporated herein by this reference. 1 2. Plans and Right -Of -Wav Documents a. As soon as practicable, upon the execution of this Agreement, the DEVELOPER shall enter into an Agreement with a consulting engineering firm for the preparation of construction plans and right -of -way documents for the construction of dual left turn lanes on the east and west approaches of the intersection of Hypoluxo Road and Congress Avenue. The County shall have the right to review and approve both the engineering firm and the amount of the contract. A separate accounting /billing shall be accomplished for the additional work to accomplish the dual left turn lanes on the west approach. DEVELOPER shall have prepared and provide to the COUNTY all necessary right -of -way acquisition documents including but not limited to survey, property owners maps, legal descriptions for acquisition, and parcelled right -of -way maps required for the construction of the PROJECT and subject to the approval of the County Engineer. These documents shall include a title search for a minimum of 25 years. COUNTY shall have the right to review and approve the Plans. Such plans shall comply with Palm Beach County standards and specifications in connection with the construction of County roadways. Such approval may not be unreasonably withheld. After approval the County shall prepare to construct the Specified Improvements. b. It is the intent that the plans, certified cost estimates, and the right -of -way documents be completed and provided to the COUNTY prior to April 1, 1992. (Documents shall consist of sketches and descriptions.) The COUNTY shall provide appropriate plan review comments back to the DEVELOPER within 4 weeks of receipt of plan submittal. c. Upon completion of,_Plans and right of way acquisition, DEVELOPER shall provide all plans, permits, specifications and any other 'necessary documents in order for the COUNTY to take the PROJECT to bid. 3. Right -Of -Wav Acquisition . a. The COUNTY will take such action as may be necessary to acquire any necessary right -of -way for the PROJECT ( "Acquisition Property "); provided, however, that the DEVELOPER shall advance the funds necessary to acquire such Acquisition Property payable at such time as requested by the County to fund the acquisition. It is the intent that this right -of -way acquisition shall be completed prior to April 1, 1992. b. The DEVELOPER shall enter into a mutually acceptable written agreement with the Right -Of -Way Acquisition Section upon request by the Manager of Right -of -Way Acquisition concerning the funding of the Acquisition Property. 4. Construction a. Upon completion of the plans and acquisition of right -of -way, the COUNTY shall let a contract for the construction of the PROJECT according to the plans. It is the intent that this construction be commenced within six (6) months of right -of -way acquisition. 2 5. Funding a. The DEVELOPER shall contribute funds to cover the construction of the east approach dual left turn lanes of the PROJECT as shown in the certified cost estimate prepared by Kimley -Horn and Associates dated June 20, 1990 along with necessary transitions west of the intersection (Developer's Obligation). This contribution is estimated to be $180,000. COUNTY will provide funding as described in the certified cost estimate, which is estimated to be $46,000 which will provide for the additional cost to provide dual left turn lanes on the west approach. In the event that the actual construction costs exceed the total of $226,000, the extra funding requirements will be assigned proportionally with 80% to the DEVELOPER, and 20% to the COUNTY. The DEVELOPER'S funds shall be paid to Palm Beach County upon request from the COUNTY when the PROJECT is ready for bid based on an engineer's estimate taken from the actual construction plans. Any additional funds required as a result of actual construction costs that have exceeded the $226,000 shall be paid at the time of incurring the cost associated with it. Any funds collected from the DEVELOPER that are not expended on the project shall be refunded. b . I f the COUNTY declares the DEVELOPER to be in default, written notice must be given to the DEVELOPER. The DEVELOPER then has 30 days to rectify the declared status before surety can be released. In case of default by the DEVELOPER for funding, the CITY shall release such required funds to the COUNTY from previously posted surety. c. All funding for right -of -way acquisition will be incurred by the DEVELOPER including all costs associated with survey, property owner maps, legal descriptions, and parcelled right of way maps required for construction of the PROJECT. d. Palm Beach County's obligation under this agreement shall not exceed $60,000. 6. The County has included this project in the Intersection Improvement Program budget. The pregram budget shall be used to provide the COUNTY'S portion of the required funds. The DEVELOPER'S participation in this project shall be credited against the COUNTY'S Traffic Impact Fee to the extent provided for in the COUNTY'S Fair Share Contributions for Road Improvements Ordinance, No. 89 -19. It has been determined by Palm Beach County that the subject improvement is fully creditable under Ordinance 89 -19. 7. Upon completion of the plans, certified cost estimates, right -of -way documents, right -of -way acquisition, and all other documents required for the COUNTY to take the contract to bid, the DEVELOPER shall provide the COUNTY with reasonable documentation of all costs and expenses incurred by the Developer in connection with the preparation of the Plans, documents, and right -of -way acquisition. These documented costs shall be credited against the DEVELOPER'S traffic impact fees, as provided for in the,CQUNTY's Fair Share Contribution for Road Improvements, Ordinance No. 89 -19. Upon remittance to the COUNTY by the DEVELOPER of the funds for the construction of the project, these costs will also be included as part of the DEVELOPER'S traffic impact fee credit. 8. The DEVELOPER agrees to contribute $60,000 to the intersection improvements at 22nd Avenue and Congress Avenue. This is in full satisfaction of improvement geometry identified in the Development Conditions for the subject property. This contribution will be creditable against County traffic impact fees. 9. The covenants and agreements of the DEVELOPER contained in this Agreement are not personal but run with the Property and shall be binding upon and inure to heirs, successors, transferees, or successors in interest to the property. 3 10. The covenants and agreements of DEVELOPER contained in this agreement are in full satisfaction of all off -site improvements required by the Development Conditions for the subject property. 11. All notice, demands or other communications hereunder shall be in writing, addressed to the parties as follows: As to the DEVELOPER: American Development Inc. c/o Alan Ciklin Boose Casey Ciklin Lubitz Martens McBane & O'Connell Northbridge Tower I, 19th Floor 515 North Flagler Drive West Palm Beach, FL 33401 As to the COUNTY: Palm Beach County c/o Charles R. Walker, Jr., P.E. Acting Assistant County Engineer Post Office Box 21229 West Palm Beach, FL 33416 As to the CITY: City of Boynton Beach c/o Mr. Scott Miller City Manager P. 0. Box 310 120 N.E. 2nd Avenue Boynton Beach, FL 33435 Unless the address is changed by a party by like notice given to the other, notice shall be in writing, mailed certified mail, return receipt requested, postage prepaid and shall be deemed delivered when mailed or upon hand delivery to the address indicated. Notwithstanding the foregoing, notice, requests or demands or other communications referred to herein may be sent by telegraph or Federal Express but shall be deemed given only when received. 12. The governing law of this Agreement shall be construed and determined in accordance with the laws of the State of Florida. Venue with respect to any litigation shall be Palm Beach County, Florida. 13. No waiver of any of the provisions of this Agreement shall be effective unless in writing and signed by the parties against whom it is asseted and any such written waiver shall only be applicable to the specific instance to which it relate and shall not be deemed to be continuing or future waiver. 14. The provisions of this Agreement may not be modified, rescinded or amended in whole or in part without the written consent of DEVELOPER and the COUNTY. 15. In the event that any time frame referenced in this Agreement cannot be attained through no fault of the DEVELOPER, the DEVELOPER may apply to the County for a time extension. This extension shall not be unreasonably withheld. 4 THIS AGREEMENT shall become effective upon approval of the Board of County Commissioners of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have hereunto have set their hands and seals on the dates set forth below. ATTEST: AMERICAN DEVELOPMENT, INC. BY: DATED: (CORPORATE SEAL) ATTEST: PALM BEACH COUNTY, FLORIDA BY John B. Dunkle, Clerk ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Deputy Clerk Chairman DATED: Approved as to form CITY OF BOYNTON BEACH, FLORIDA and legal sufficiency: BY: BY: DATED: County Attorney ATTEST: sb \abh \American.Dev 5