R98-191RESOLUTION NO. R98-/~/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A SECOND
AMENDMENT TO THE SETTLEMENT AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND HOWARD
SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE, JOINT
VENTURE; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of Boynton Beach (CITY) and Howard Scharlin
(SCHARLIN) have heretofore entered into a Settlement Agreement, dated November
7, 1995, by Resolution No. R95-65; and
WHEREAS, the CITY and SCHARLIN entered into an Addendum to
Settlement Agreement, dated February 6, 1996, by Resolution No. R96-15; and
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, does hereby authorize and direct the Mayor and City Clerk
to execute a Second Amendment to the Settlement Agreement between the City of
Boynton Beach, Howard Scharlin, Trustee for Woolbright Place, Joint Venture to
clarify certain outstanding issues, which are set out in said Second Amendment;
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 Boyflton Beach, Florida, hereby
authorizes and directs the Mayor and City Clerk to execute a Second Amendment to
the Settlement Agreement between the City of Boynton Beach and Howard Scharlin,
Trustee for Woolbright Place, Joint Venture, which Second Amendment is attached
hereto and made a part hereof.
Section 2.
passage.
PASSED AND ADOPTED this
1998.
That this Resolution shall become effective immediately upon
CITY OF BOYNTON BEACH, FLORIDA
Cj~missioner,
Commissioner
SECOND ADDENDUM TO SETTLEMENT AGREEMENT
This Second Addendum to Settlement Agreement ("Second Addendum") is entered into this
me city or rro
~AS, ~e C~Y md SC~~
ich be~s the date of November 7, ~995, wHeh was signed by ~e ~Y on May 17, 11995, by
~ on November 7, 1995, and was ~o~d by CI~ ~esolution No. R95-55; ~d
~~AS, ~e CITY ~d SCH~ have embed into ~ Add<dun to S~tlemem
A~ent si~ ~d ~t~ Febm~ 6, 1996, wMch '~s approved by the CITY by ~esoiu~on No.
R96- ] 5 bearing ~at s~e date in order to cl~ a signage isle; ~d
WtIEREAS, an issue has arisen over the appropriate method and leveI of impact fcc p tymen~s
based upon the recognized vested status of the project, a modification to the timing and cons auction
of an ~dustrial access road, and an issue over signage approved by the $CHAtLLIN's Mm ~r Plan
has arisen, which are all susceptible to resolution wi*~firt the context of the Settlement Agreem ;r~t; and
WHEREAS, the parties deske to resolve and reduce to writing other outstanding issue
relate to tine development of the Woolbfight PCD; and
WHERE.~5;, the parties are amenable to amendment of the Settlement Agreem
Addendum to Settlement Agreement by this Second Addendum, leaving all of the other te~
conditions thereof fully and completely intact.
NOW THEILEFORE, in consideration of the mutual covenants expressed herein, the
agree as follows:
The foregoing "WHEREAS" clauses are mae and correct and are hereby incorporated by
reference.
The Settlement Ageement is hereby amended as follows:
3. INDUSTRLkL ACCESS ROAD: The parties have agreed, in.eluding
Home Depot USA, that in full satisfaction of this condition, Home Depot
USA will construct the industrial access road as reflected on the approv}d site
plan for the Home Depot Expo Design Center ("Home Expo") alohu the
northern boundary of the PCD.
The CITY acknowledges that the road ,ami improvements will be bu~It and
landscaping instal/ed in azcord~ce with applicable design standards an~ with
the typical cross section approved for the Design Expo as part of its sit~ plan
apFroval for Parcel E of the Woolbright POD. For the remairdng portion of
the industrial access road from the terminus of the road as shown by t~ site
which
~and
)m-t/e~
Paragraph 3 is amended ia its entirety as follows:
Bo
$13,]76.13 to the CITY for ~e CITY's construction of the remainder of the
road when it deems appropriate.
The CITY agrees that SCHARLIN may have tl:r~e (3) points ofingres~ and
USA and one (I) ingress/egress point to provide access to the t~our acre
outp~rcel fronting S.W. 8th Street, provided the access points are located
followLag the customer3' approval process for ~e location of the dhveways
as set forth in the City's Land Development Regulations.
Paragraph 5 is amended in its entirety as follows:
5. B. IPACT FEES:
a) Cie' Impact Fees:
in reco~mition of the October 31, 1989 Circuit Court Order (~ase No.
CL-86-3661 AE) which declared SCHARLIN's project to be veste~t as part
of the CITY's 1986 Comprehensive Plan with all vested rights including
impact fees aud traffic standards in effect as of November 6, '1986, t~e CITY
agrees that any CITY impact fees, including sewer and water impact fees.
which are requked to be pa/d for the PCD and PUD building perrmts[ she. be
calculated at. the fee rate in effect in November, 1986. For those par?s that
the CITY has and/or is currently collecting sewer and water impact fees based
on current rates (Cracker Barrel, Burger King, Vinings Phase II/~rnmmel
Crow, Kennedy H~mes, Home Depot Expo Design Center), the City ~,hall pay
to $CHARLIN the collected mounts over and above the 1986 fee ra~es upon
presentation by SCHARI.1N to CITY of a release in favor of the CITY from
all interested parties. In the event a release is not provided for a t:,~o-ficular
ooes'~mprovme i wn~en waiver or. me requestror · ,mci o~
such collected fees, the CITY may interplead with ttae appropriate c)urt the
differential sewer/water impact fe~s. To the extent that a catego~ o:?impact
fee did not exi~ in 1986 and was thereat~ter implemented by the CITY,
SCI-lPg.LIN shall not be required to pay such fees.
b) Palm Beach Cotmty Impact Fees:
The CITY sh~ resume the st,w. dard coUection and remittance proce, ute set
forte in Article 10 of the County Unified Land Development C~de for
required County impact fees.
Paragraph 9 is amended in n~ entirety as follows:
9. REVIEW PROCEDURE: The CITY agrees to timely rex4ew
SCHARLIN'S development applications and requests including, ~but not
limited to, master platt modifications, plats, site plans and building ~emaits
pursuant to the CITYs standard review procedures and current CIT~ Codes
~d Ordi,aaces. /
PaJ.'agl~Ft: 17 .is amended in its entirety as follows:
17, CODE COMPI,TA~('.I~.. 'th,. ~,~r,~,~ ~,~-.,o ,~, ,~mo, , ~.~0~
Unless oth~se provided m ~is SecoM Addend~ or v~ce relief
obtmei, the rem~ning ~d~oloped prope~ies will be d~qoped in
accordance ~ ~ app~cabte Pl~n~ Core.cig Development/C-3 Zoning
District r~emeuts.
A nexv Paragraph 22 to the Settlement Agreement is added as ~bllo~vs:
22. SIGNAGE: In lieu of the construction of the remaining freess' tanding
pylon sign toeated on Woolbfight Road az retiected by the approve~ Master
Plan for the Sheppes OfWoolbright PCD, the CITY agrees to permi{ one (1)
free-standing pylon sign in the location of the existing Home DepOt pylon
sign. Such sign shall not exceed 300 square feet and sba/1 be perrhitted as
.I
reflected on Exhibit "A" ("Replacement Sign"). No further pylon s~gns shal[
be permitted on Woolbright Road unless agreed to by the CITY. As the
Settlement Agreement, Addendum to Settlement Agreement, and thi~ Second
Addendmu, were entered into in order to settle Iitigafion between th? parties
and to establish certain vested fights, the Replacement Sign as well as any
other Shoppes of Woolbnght PCD s~gnag¢ eramng on the date of a~pproval
of this Second Addendum, shall be vested and not required to havoi~tarily
conform to the provisions of the ex/sting or mbsequcnfly enacted S~gn Code
provisions. All future project signs shall comply with the CITy's Land
Development Regulations, as they may be amended.
A new Paragraph 23 to the Settlement Agreement is added as follo~,s'
23. PURCHASE OF DRAINAGE PARCEL: The City agrees to ~urchase
Lots of Lake Boynton Estates from | for
drainage purposes and agrees to sell to CITY such
property for the sum of Eighty Thousand Dollars ($80,000.00~. The
remaini.ng terms and conditions of such sale shall be as set forth in an
Agreement for Purchase and Sale of Real Property. d 1
A new Paragraph 24 tc the Settlement Agreement is adde as fo lov~s:
!
24. RE'iI~{BIJKSEMENT OF SEWI~R SYSTEM IMPROVEMENTS:
The CITY agrees to reimburse the Morton Group, Inc. the sum o~Tkirty-
Seven Five Hundred Thousand Dollars ($37,500) wlfioh represents a
reasonable portion of the Eighty-Six Thousand Dollars ($86,000) ~)f costs
incurred by the Morton Group, Inc. fo~ the off-site sewer re-routing project
which was required by the City, benefitted the CITY and general pu ~lic and
is consistent with prior agreement of the CITY to reimburse fi/B] ~orcent
(50%) of such re-routing costs.
A new Paragraph 25 to the Settlement Agreement ~s added as tbllov
3
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21. EFFECT OF ORIOINAL AOREBMENT: All provisions of the
Settlement Agreement dated November 7, ] 9.95 (approved by Resol]u~on No.
R95-65) ,'md Addendum to Settl=ment Agreement dated Febmaryl6, 1996
(approved by Resolution No. PO6-15) not revised or modified by tki~ Second
Aaaen~um sn~l remain in ~hl! force ,-md effect.
IN WITNESS WHEREOF, the parties have entered into this SecoM Addendum to Se
Agreement thc date herein above xwitren.
CITY OF BOYNTON BEACH
By:
MAYOR
2~TTEST:
CITY CLERK
(CrTY
ttlement
HOWARD SCHARLIN, TRUSTEE FOR
WOOLBRIGHT PLACE, JOIN"I' VE~qTURE
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Sil ',4 .2 T: Z l :_%--.,, 3 ,'",
4
JJ
MEETING MTNUTES
REGULAR CZTY COMMZSSZON
BOYNTON BEACH, FLORZDA
DECEMBER 1, 1998
Proposed Ordinance No. O98-49 Re: Amending the Comprehen-
sive Plan text (Policy 1.16.1) to expand the list of allowed uses within the
Office Commercial land use classification to include limited-access mini-
warehouses
Attorney Cherof read Proposed Ordinance No. O98-49 by title only.
Motion
Vice Mayor .laskiewicz moved approval .of Proposed Ordinance No. O98-49. Mayor Pro Tem
Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
C. Resolutions:
1. Proposed Resolution No,R98.~191i Re: Approval of the second
addendum for the WoOibrigh'~ Pi~e PCD
Attorney Cherof read .Proposed Resolution No. R98-191 by title only.
Attorney Cherof requested the addition of a paragraph that provides that. the second addendum
is contingent upon Scharlin's performance as referenced in Paragraph F hereof:
"In the event Scharlin defaults on the sale of the transaction and does
not close, the addendum shall be null and void and that disbursements
of the funds referenced in Paragraph G shall occur at the real estate
closing."
The purpose of this amendment is to ensure linkage between the other elements of the
addendum and the sale of property the City wants to acquire for $80,000. Attached to the
addendum is a purchase and sale agreement. Approval of the agreement should be made
contingent upon the City Attorney's :Office signing off on the document.
Vice Mayor ~laskiewicz referred to Paragraph G (24) (reimbursement of the sewer system
improvements) and questioned whether this was always part of the agreement. Attomey
Cherof advised that this had been in the drag agreement since the inception of the addendum.
Dale Sugerman, Assistant City Manager, said there has been an outstanding claim.against the
Utility Department for disputed costs to be split between the Department and property owner
for an $80,000 force main improvement. The claim has been outstanding for ten years and the
City is attempting to settle that claim. ~ This is an effort to resolve all floating issues between the
property owner and the City. This settlement is in the best interest of the City.
Vice Mayor .laskiewicz asked if the proposed signage would meet City Code. Mr. Sugerman
advised that there is language in the addendum that states the sign shall comply with the
Codes of the City.
18
MEETTNG MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLOI~DA
DECEMBER 1, 1998
Greg Kino said this addendum would alloTM the.applicant to keep just one sign that is slightly
larger than the existing sign. Mr. Sugerman stated the face of the sign would not exceed 300
square feet.
Commissioner Titcomb referred to Section ~D that references the fact that the remaining
undeveloped properties would be developed in accordance with PCD deVelopment/C-3 zoning
district. Mr. Sugerman and Mr. Kino clarified that the ACLF was taken out and this applies to
only the remaining properties. In addition, Mr. Su< erman confirmed that the property being
purchased by the City for drainage wou area and the residential
neighborhood.~ We have only $700,000 for the drair will cost $1.5 million to
complete.
Commissioner 'lqtcomb confirmed with Mr. Sugerman that the City would rebate the water,
sewer and impact fees to a 1986 level. Mr. Sugerman explained that there has been a dispute
about which impact fees were to be charged. '~/e have agreed on how we will do a net balance
out of all impact fees.
MOtion
Mayor Pro Tern Tillman moved approval of Proposed Resolution No. R98-191. Commissioner
Titcomb seconded the motion that carried unanimously.
Mr. Sugerman thanked Messrs. Kino and Morton for their very hard work in resolving these
issues. In turn, Mr, Kino thanked Pete Mazzetla, Dale Sugerman and Attorney Cherof.
D. Other:
Request for lien reduCtion on property owned by Alberta and Octavia Bell
at 1213 NW 4~ Street (Poole;s Grocery)
Octavia and Alberta Bell & Nicole Miller approached the podium to thank the Commission
for considering the lien reduction.
Attorney Cherof advised that this is a request to relieve one piece of preperty from lien. When
the City obtains a Code Enforcement Board lien against a property and we' record that lien in
the Public Records of Palm Beach County, the lien constitutes a lien on all property owned by
the property owner. In this case, there is another piece of property and it is the subject of a
real estate transaction. When this occurs, the City is requested to release the lien attached to
that piece of property. The City Attorney's Office does not recommend releasing the lien
because this transaction is the only occurrence that triggers any form of payment for
OutStanding liens. ]:f the City decides to release the piece of property in question.; it would not
release the lien where the violation occurred nor would it operate to reduce the lien.
KnOwing the history of Poole's .Grocery, Mayor Taylor was not in favor of any release at this
time.
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