R24-061 1 RESOLUTION NO. R24-061
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN
4 EASEMENT AGREEMENT BETWEEN SEVENTY-EIGHT HUNDRED CORAL
5 LIMITED PARTNERSHIP (THE "GRANTOR") AND THE CITY OF BOYNTON
6 BEACH (THE "GRANTEE") FOR THE CONSTRUCTION, OPERATIONAL
7 REPAIR, MAINTENANCE, AND FUTURE REPLACEMENT OF A SANITARY
8 SEWER LIFT STATION; AND PROVIDING AN EFFECTIVE DATE; AND FOR
9 OTHER PURPOSES.
10 WHEREAS, the Town of Hypoluxo has secured grant funding to eliminate septic tanks
11 in two commercial areas: Hypoluxo Mall and Miner Road Business Park. The Town of
12 Hypoluxo signed an Interlocal Agreement with the City of Boynton Beach for the
13 implementation of the program; and
14 WHEREAS, this utility easement is for the installation of a lift station to serve Miner
15 Road Business Park as well as future operational repair, maintenance, and future replacement
16 of the sanitary sewer lift station; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
18 recommendation of staff, deems it to be in the best interests of the City residents to approve
19 and authorize the City Manager to sign an Easement Agreement between Seventy-Eight
20 Hundred Coral Limited Partnership (the "Grantor") and the City of Boynton Beach (the
21 "Grantee") for the construction, operational repair, maintenance, and future replacement of
22 a sanitary sewer lift station.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
24 BOYNTON BEACH, FLORIDA, THAT:
25 SECTION 1. Each Whereas clause set forth above is true and correct and
26 incorporated herein by this reference.
27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does
28 hereby approve and authorize the City Manager to sign an Easement Agreement between
29 Seventy-Eight Hundred Coral Limited Partnership (the "Grantor") and the City of Boynton
30 Beach (the "Grantee") for the construction, operational repair, maintenance, and future
31 replacement of a sanitary sewer lift station, in form and substance similar to that attached as
32 "Exhibit A."
33 SECTION 3. Upon the City's execution of the Easement Agreement, the City Clerk
34 shall record it in the Public Records of Palm Beach County and provide a copy to Keith
35 Webber, Engineering Assistant Director.
36 SECTION 4. This Resolution shall take effect in accordance with law.
37 PASSED AND ADOPTED this 2nd day of April 2024.
38 CITY OF BOYNTON BEACH, FLORIDA
39
40 YES NO
41
42 Mayor-Ty Penserga
43
44 c nrms6'. (Thomas Turkin
45
46 �s610"e-r—Angela Cruz l/
47
48 nui /-Woodrow L. Hay t/
49
50 tillOtaus_C-Aimee Kelley
51
52 VOTE
53
54 A '
55
56 A 1 „ I , 411,
57 Maylee D: -sus, MPA, MC Ty Pensz- .r:
58 City Cler
59 =e0Th ro�,�
pF �
60 14.....4°"°64;;•.;((%4% AP`ROVED AS TO FORM:
61 (Corporate Seal) ; v; SEAL = i
62 �1 192
•
i INCORPORATED' i
63 :• .. ,
20 ' 1 11A j,0V/r/o
64 11�`.�•FCORIDP••_ Shawna G. Lamb
65 City Attorney
Prepared by and return to:
Law Offices of Jonathan Bloom,P.A.
2295 NW Corporate Blvd. Suite 117
Boca Raton, FL 33431
561-864-0000
EASEMENT AGREEMENT
THIS INDENTURE made this day of ' . A.D., 2024, by
Seventy Eight Hundred Coral Limited Partnership, a FlNo
limited partnership, having its
principal place of business at 2610 North Federal Highway, Boynton Beach, FL 33455, ("First
Party"), and the City of Boynton Beach, a Florida municipal corporation, ("Second Party"):
(Wherever used herein,the terms, "First Party" and "Second Party" shall
include singular and plural, heirs, legal representatives and assigns of
individuals and the successors and assigns of corporations, wherever the
context so admits or requires)
WITNESSETH
WHEREAS, the First Party is the owner of property situate in Palm Beach County,
Florida, and described as follows:
See Exhibit "A"attached hereto and incorporated herein
and
WHEREAS,the Second Party desires an easement for the construction of a sanitary sewer
lift station and other appropriate purposes incidental thereto ("Lift Station"), on, over and across
a portion of said Property as described as follows:
Sec Exhibit"B"attached hereto and incorporated herein(the "Easement Area")
and
WHEREAS,the First Party is willing to grant such an easement in accordance with terms
and provisions of this Easement Agreement.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by First Party and Second Party,the parties agree as follows:
•
Page 1 of 8
1. Grant of Easement.
a. First Party hereby grants and conveys unto Second Party,its successors and assigns,
a perpetual, non-exclusive easement over,under and across the Easement Area for
the purposes of allowing Second party to construct, lay, relocate, extend, operate,
repair and maintain the Lift Station.Second party shall also have the right of ingress
and egress over such portion of the Property as is reasonably necessary to access
the Lift Station for the sole purposes described herein.
b. In its use and enjoyment of the Easement Area and Lift Station, Second Party shall
comply with all laws,rules,regulations or ordinances now or hereafter in force and
effect and all terms and provisions set forth herein.
2. Reservation of Rights by First parte.
a. First Party specifically reserves unto itself and its successors and assigns the
following rights:
i. the right to use the Easement Area at any and all times and for any and all
purposes so long as the foregoing do not unreasonably interfere with the
normal use of the Easement Area and Lift Station by Second Party as
allowed hereunder;
ii. the right and privilege at any time and from time to time to make grants,
easements, licenses,and privileges to other persons or entities, over, under,
upon and with respect to the Easement Area, for access or utility purposes
or other purposes or uses so long as the foregoing will not unreasonably
interfere with the right of Second Party to use the Easement Area and Lift
Station for the purposes and in the manner herein described; and
iii. the right, but not the obligation, to lay out and plat roadways, pedestrian
walkways, or utility easements along, over, under and across the Easement
Area, so long as the foregoing will not unreasonably interfere with the right
of Second Party to use the Easement Area and Lift Station for the purposes
and in the manner herein described.
b. First Party may exercise any or all of the rights described in this Paragraph 2
without first obtaining the consent of Second Party or any other party.
c. First Party shall be entitled to improve the Easement Area with parking, driveway
and landscaping areas, but First Party may not construct buildings or other
improvements upon the Easement Area.
Page 2 of 8
3. Maintenance and Repair of Facilities.
a. Second Party shall, at its sole expense, maintain,repair and replace the Lift Station
as Second Party deems necessary or appropriate.
b. Second Party shall exercise reasonable care when exercising its rights of access
hereunder, and shall minimize, to the extent reasonably possible, its interference
with First Party's use and enjoyment of the Property. If Second Party disturbs any
paving, driveway or landscaping improvements during its exercise of rights
hereunder, Second Party shall promptly restore such improvements to substantially
the same condition as previously existed, at the sole expense of Second Party.
4. Modification or Termination.
This Agreement may not be amended, modified or terminated except by way of a written
agreement signed by First Party and Second Party and recorded among the Public Records of Palm
Beach County, Florida. No breach of any provision of this Agreement shall entitle any current or
future property owner to cancel, rescind, or otherwise terminate this Agreement, but such
limitation shall not affect in any manner any other rights or remedies available to any party on
account of any such breach.
5. Binding Effect; Successors and Assigns of Second party.
a. The duties, obligations and liabilities imposed upon Second Party under this
Agreement shall be binding upon Second Party's successors and assigns.
b. Except as otherwise specifically herein provided, references herein to "Second
Party" shall in all events mean and refer to Second Party and its successors and
assigns.
6. Binding Effect Upon First party.
a. The easement granted in this Agreement shall run with the land. The duties,
obligations and liabilities imposed upon First Party and the rights, privileges and
reservations herein reserved by or to First Party shall be binding upon and shall
inure to the benefit of First Party and its successors and assigns in interest to the
Easement Area. Notwithstanding anything herein to the contrary, upon sale or
conveyance of fee simple title to the Easement Area by First Party or its successors
in interest to the Easement Area, the transferee or purchaser of the Easement Area
shall automatically be deemed to assume all obligations of First Party under the
terms of this Agreement,and First Party (or the seller or transferor of the Easement
Area, if other than First Party) shall not be liable for any costs,expenses, damages,
causes of action, penalties, duties, obligations or liabilities to the extent that they
accrue from and after the date of conveyance.
b. Except as otherwise specifically herein provided, references herein to "First Party"
shall in all events mean and refer to First Party and its successors and assigns in
interest to the Easement Area.
Page 3 of 8
7. Indemnification b‘ and Liability of Second party.
Second Party shall indemnify,defend, and hold First Party harmless from and against any
and all liability, claims, demands, damages, actions, causes of action, fines, fees, penalties, suits
or proceedings of any kind or nature, including attorneys' fees (including attorneys' fees in
appellate proceedings), for injury or death to person or damage to property arising out the failure
of Second Party,its successors or assigns,to abide by the terms of this Agreement. If Second Party
is required to indemnify First Party pursuant to this section, the limitations on tort liability under
section 768.28, Florida Statutes, shall be the applicable limitations for Second Party's
indemnification obligations under this Agreement, regardless of the nature or basis of the claim
asserted. Nothing herein shall operate as a waiver of the Second Party's sovereign immunity
protections or the limitations of liability set forth in Section 768.28, Florida Statutes, nor shall it
create a cause of action in favor of any third party.
8. Governing Law.
This Agreement shall be governed by the laws of the State of Florida, with venue lying
exclusively in the state and federal courts of Palm Beach County.
9. Attorneys' Fees.
If litigation is instituted by either party hereto against the other for purposes of seeking
interpretation or enforcement of any provision of this Agreement, the prevailing party shall be
entitled to recover all costs incurred, including reasonable attorneys'/paralegals' fees at both the
trial and appellate levels.
[Remainder of page intentionally left blank]
Page 4 of 8
IN WITNESS WHEREOF,First Party and Second Party have executed this Agreement
as of the day and year first set forth above.
Seventy Eight Hundred Coral Limited
Partnership,a Florida Limited Partnership
, Signature of Wiigless By: ,
Print Name:- C O( 44 l i ir Lc.h4 J. Name:Nicholas Lembo
Adressof Witnesses: Title: GP
1±,3 �' Gr&.,,g! S{-
_ Ap+ VP
tJ Ylo*r
• _P ),A, _ 1
Signature of Witness
Print Name: p►-t/_LC..t, witiV
Adress of Witnesses:
2 1--� _1)49 �.a Lv-L_ry C•- 5 7
N + -{- $14 L o o c 1
STATE OF I44Zu,Ye74
COUNTY OF t- yox K --
The foregoing instrument was acknowledged before me y means of,physical presence
or ❑ online notarization, this %3'2'6 day of -1/1-NJrt02-7>, , 2024, by
11 i cit.(:)/ Via,;, �Za , the General Partner of Seventy Eight Hundred Coral Limited
Partnership. He/She is personally known to me or who has produced La.'r'SON k-1!/ u3'')
as identification and who did (did not)take an oath. 7' ' k4e
(Notarial Seal) ,
Name:
Title: Notary Public
My Commission Expires:
Notary Pulbl StateHof New York
No. 24-02 CA4 705197
Qualified in Kings County
Commission Expires March 30, 202.7
Page 5 of 8
City of Boynton Beach, a Florida municipal
corporation
By: ' =i,
Si tune of Witness Name: , .1WI1
Print Title: _—
Name: 14e.1,,,11 °1rn'c' I •
Signature of Witness ...---i'.. , T04/‘`�
Print I�Y+•.M�/ev .•n-7^\CV�`� %��0••GORPOR47(%. 14
Name• ►•�� //..•,�w, -.. •c) SEAL =s
1 :INCORPORATED,
i
ti % 1920
STATE OF �I x'& - ��` •••ORION _
`��FCORIDP _-'
COUNTY OF-a,,r,� e_ " _-
The foregoing instrument was acknowledged before me by means of Cphysical presence
or 0 online notarization, this day of _ r 1 I , 202i, by
n-.�A �X` 2 , the ( Mr r' o City of Boynton Beach, on
behalf of the co y. He/She is pe ally �cna to gee or who has produced
as identification and who did(did not)take an oath.
(Notarial Seal) O, .„'� C• I• 4110
OMMISSION = Nam-. t Q� I ' e.
WI 2.2.2025 Tis. tle: . Pu•
EXPIRES ' = My Co i . •Sion Expires:
=,�o sT Qo�:com°
qT F\-O
Approved as to form by
Office of the City Attorney
By: hGdna A 446
Shawna G.Lamb, City Attorney
Page 6 of 8
EXHIBIT "A"
PROPERTY
Lots 205 through 210,inclusive,Tropical Terrace,according to the Plat thereof,as recorded in Plat
Book 22, Page 58, Public Records of Palm Beach County, Florida
Parcel Identification Numbers: 26-43-45-10-07-000-2050
26-43-45-10-07-000-2070
Page 7 of 8
EXHIBIT "B"
EASEMENT AREA
Page 8 of 8
SKETCH OF DESCRIPTION -\
THIS IS NOT A SURVEY
NOT VAUD WITHOUT ACCOMPANYING SHEET 2 HYPOLUXO RD
NOTES: in
o
1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY & i &
ENGENUITY GROUP, INC. t
2. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR I o
CLIENT'S REPRESENTATIVE.
i SI
3. THIS SKETCH IS NOT VAUD WITHOUT THE ORIGINAL SIGNATURE AND = a
RAISED SEAL, OR DIGITAL SIGNATURE, OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. MINER RD
4. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF
S89'25'04"E, ALONG THE SOUTHERLY UNE OF LOT 205, PLAT OF
TOWN OF HYPOLUXO, FLORIDA
TROPICAL TERRACE AS RECORDED IN PLAT BOOK 22, PAGE 58 OF THEJ
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND ALL OTHER LOCATION MAP
BEARINGS ARE RELATIVE THERETO. N.T.S.
5. DISTANCES SHOWN HEREON ARE GROUND DISTANCES EXPRESSED IN
U.S. FEET AND DECIMAL PARTS THEREOF.
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF LOT 205, ACCORDING TO THE PLAT OF TROPICAL TERRACE AS
RECORDED IN PLAT BOOK 22, PAGE 58 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 205; THENCE ALONG THE SOUTHERLY UNE OF SAID LOT
205, S89'25'041 A DISTANCE OF 30.90 FEET; THENCE LEAVING SAID SOUTHERLY UNE, NO0'34'56"E A DISTANCE
OF 30.00 FEET; THENCE, ALONG A LINE PARALLEL WITH SAID SOUTHERLY LOT UNE, N8925'04"W A DISTANCE OF
30.00 FEET TO A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF CORAL STREET (40' WIDE RIGHT—OF—WAY)
AS RECORDED ON SAID PLAT; THENCE ALONG SAID EASTERLY RIGHT—OF—WAY LINE, S0217'35-W A DISTANCE OF
30.01 FEET TO THE POINT OF BEGINNING
CONTAINING 913 SQUARE FEET MORE OR LESS.
Andre Digitally signed
by Andre Rayman
Date:2023.10.27
Rayman 09:05:13-04'00'
C. ANDRE RAYMAN, P.S.M.
PROFESSIONAL SURVEYOR AND MAPPER
STATE OF FLORIDA LICENSE NO.4938
STATE OF FLORIDA LBfl6603
'FOR: LIFT STATION SITE— SOUTH PHASE ,
TOWN OF HYPOLUXOI FLORIDA ,
SCALE. N/A j-� A Higher Standard of Excellence i 'FIELD HOOK PI SHEET: 1
DRAVN BYl `OJ � enu /
CAR 2
CHECKED BY: j HICINEEAe•S1R1YEY01L5.6IS PAAPPiRS group Inc.
ROB ND.
DATE' 10-27-2023 1780 CMFAESS A1EMJE, SUITE 101.MES:PALM BEACH,FLORDA 33109 FLORIDA RL.S. 1 23051.01
J PH 1581)655-1151•FAX(SEI)837-9390•11Mw.ENGENURYGROUP.00f1 ‘>M I f
Y:\Land Projects R2\23051.01 Torn of Hypotuxo Septic to Strew\dwg\23031_01 lift station ■outh.dwg 10/27/2023 8:04:50 AM EDT
SKETCH OF DESCRIPTION _ —
THIS IS NOT A SURVEY
NOT VAUD WITHOUT ACCOMPANYING SHEET 1