90-AAAAAAARESOLUTION NO. 90-AAAAAAA
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A' CERTAIN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH, FLORIDA AND TRADEWINDS
DEVELOPMENT CORPORATION REGARDING THE
DEVELOP~NT OF 3.5 ACRE PARK SITE; A
COPY OF SAID AGREEMENT ~IS ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY ~{E CI%"f COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby
directed to execute a certain Agreement between the City of
Boynton Beach, Florida and Tradewinds Development
Corporation, regarding development of a 3.5 acre park site,
said Agreement being attached hereto as Exhibit "A~'
Section 2. This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this /~ day o
1990.
BEACH, FLORIDA
ATTEST:
Mayor
gice~ Mayor
Com~s~sioner ~
Com,~ssion-er --/ l/
~o~er ~~'~
Cit~ Clerk
(Corp¢~ate S~91)
AGREEMENT
THIS AGREEMENT made this 17th day of Oc%ober , 1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and Tradewinds Development Corporation
(hereinafter referred to as "TRADEWINDS").
WHEREAS, TRADEWINDS has heretofore submitted to the CITY
for approval, a preliminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
Section 5, and
WHEREAS, TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Board, Planning &
Zoning Board and City Commission in accordance .with the
requirements of Appendix C, and
WHEREAS, the Planning & Zoning Board of the CITY at its
September 17, 1990, Special Meeting conditionally approved the
preliminary Plat and made its recommendations to the City
Commission, and
WHEREAS, the City Commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRADEWINDS and the CITY regarding the park and recreation
areas required for the development of the property which is the
subject of the Plat, and
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WHEREAS, Appendix C, Article IX, Section 8 requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix C, Article IX, Section 8G requires an
Agreement, in writing, by TRADEWINDS with respect to the
dedication of lands, the payment of fees in lieu thereof, or
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRADEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
writing required of TRADEWINDS pursuant to Appendix C, Article
IX, Section 8G.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS FOLLOWS:
1. The CITY agrees to accept a combination of land,
located outside the boundaries of the Plat, and fees in the form
of actually constructed improvements to a proposed CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
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3. TRADEWINDS shall convey to the CITY by Special Warranty
Deed and such other collateral instruments as are determined by
the City Attorney to be necessary, 3.5 acres of land, the legal
description of which is set forth on Exhibit "A" and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
Woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing,
at the option of the CITY:
A. Pay to the CITY the fair
of land which would otherwise be
pursuant to the fol~mula
Section 8B4, or
B. Provide
prescribed
TRADEWINDS shall, solely
market value of one acre
required to be dedicated
in Appendix C, Article IX,
Actual Constructed
Improvements
(hereinafter "Improvements) to the proposed park to be located on
the three and one-half (3.5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY. In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement. The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elements designated for
improvement by TRADEWINDS shall not exceed the agreed upon fair
Page' 3 of 7
market value as set forth in paragraph 2 of this Agreement. Ail
construction improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY. In the event the CITY fails to
generate park development plans within three (3) years of the
date of this Agreement TRADEWINDS shall pay to the CITY Sixty
Thousand Dollars ($60,000.00) in full satisfaction of any cash
payment to the CITY required in lieu of land dedication.
C. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRADEWINDS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as "The
Tail". A legal description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights and duties of the
parties as set forth in the Stipulation and Settlement Agreement
and the Final Judgment in case number CL-86-3631-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5. The parties recognize and agree that there are other
provisions of Appendix C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property.
The conditions are as follows:
Page 4 of 7
A. TRADEWINDS shall, prior to and in conjunction with
site plan approval for the residential site, establish the
existence of the criteria set forth in Appendix C, Article IX,
Section 8F for entitlement to the fifty (50%) percent credit for
private open space.
entitled
Appendix
B. The Commission must find that the standards which
TRADEWINDS to credit for private open space pursuant to
C, Article IX, Section 8 have been met.
C. In the event that TRADEWINDS fails to establish
the existence of the criteria set forth in Appendix C, Article
IX, Section 8F or if the City Commission fails to find that such
criteria have been established and that it is in the public
interest to provide TRADEWINDS with the fifty (50%) percent
credit, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-half (4.5) acres of property shall be
subject to forfeiture to the CITY.
D. TRADEWINDS shall furnish to the CITY a Surety or
Performance Bond in an amount equal to one hundred ten (110%)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, Section 7 of the Code of Ordinances.
The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set forth in paragraph 2
Page 5 of 7
of this Agreement, and the cost of all other
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat. The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond shall be adjusted
accordingly.
The Bond or Bonds required by this Agreement or by
Appendix C of the Code shall not be released, reduced, or
extinguished without the prior written consent of the CITY
following City Commission action.
E. A determination by the staff of the CITY
administration that the 3.5 acres described on Exhibit "A" to
this Agreement are suitable for future park development by the
CITY without the necessity of expenditures for site development.
required
F. A determination by the City Commission when
development of the park or recreational facilities described
herein shall be commenced.
6. The parties agree that nothing contained herein shall
constitute a waiver by the CITY in favor of TRADEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
Page 6 of 7
additional conditions on TRADEWINDS to obtain preliminary or
final Plat approval.
7. The final Plat shall contain a notation which makes
reference to this Agreemen~ and this Agreement shall be recorded
in the Public Records of Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the date indicated below.
TRAD~.~NT CORP.
~ICHA~ MORTON, President
(corporate seal)
THE~EACH
(Cfty Seal)
APPROVED KS ~
By:
C
a:2
BOYNTON
10/17/90
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