R24-099 1 RESOLUTION NO. R 24-099
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN EASEMENT AND MAINTENANCE
5 AGREEMENT (HIGH POINT WALL) WITH HIGH POINT WEST CONDO
6 ASSOCIATION NO. 2, INC.; PROVIDING AN EFFECTIVE DATE; AND FOR ALL
7 OTHER PURPOSES.
8
9 WHEREAS, an Easement and Maintenance Agreement (High Point Wall) with High Point
10 West Condo Association No. 2, Inc., located at 325 Main Boulevard, Boynton Beach, FL 33435,
11 needs to be executed prior to the installation of a privacy wall between Little League Park and
12 High Point. This Easement and Maintenance Agreement outlines the maintenance responsibility
13 of the City and High Point for the future privacy wall. In addition, the Easement and Maintenance
14 Agreement includes the dedication of easements as part of the wall needs to be installed on the
15 property of High Point to avoid the existing FPL poles running through Little League Park along
16 Little League Road; and
17 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in
18 the best interests of the citizens and residents of the City to approve the Easement and
19 Maintenance Agreement (High Point Wall) with High Point West Condo Association No. 2, Inc.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
22 BEACH, FLORIDA, THAT:
23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
26 approve the Easement and Maintenance Agreement (High Point Wall) between High Point West
27 Condo Association No. 2, Inc. and the City, in form and substance similar to that attached as
28 "Exhibit A."
29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
30 authorizes the Mayor to execute the Easement and Maintenance Agreement and such other
31 related documents as may be necessary to accomplish the purpose of this Resolution.
32
33 SECTION 4. Upon execution of the Easement and Maintenance Agreement by the City,
34 the City Clerk shall record the Easement and Maintenance Agreement in the Public Records of
35 Palm Beach County. The City Clerk shall provide a copy of the recorded Easement and
36 Maintenance Agreement to Gail Mootz.
37 SECTION 5. This Resolution shall take effect in accordance with law.
38
39 PASSED AND ADOPTED this 7th day of May 2024.
40 CITY OF BOYNTON BEACH, FLORIDA
41 YE,- NO
42 Mayor—Ty Penserga
43 ✓
44 Vice Mayor—Aimee Kelley
45
46 Commissioner—Angela Cruz
47
48 Commissioner—Woodrow L. Hay ✓
49
50 Commissioner—Thomas Turkin ✓
51
52 VOTE c-0
53 ATT'
54
55 Al /APIPP
56 Maylee -sus, MP A MMC Ty Pee
57 City Cle May•/
58
59gOYNrp�V APPROVED AS TO FORM:
60 (Corporate Seal) ��.c.°RPOR�rF.jnn\
61 , SEAL _ 6
62 tINCORPORATED: NA4,4411 J.
63 'It ...1920 Shawna G. Lamb
64 t` �� .. City Attorney
FCO
RIDP
CFI's 20240190485
This instrument prepared by:
OR BK 5056 P C 1399
Stacey R.Weinger,Esq. REC.'00Pit 613120.;: 1�6 PM
City of Boynton Beach F itvx E?ai:1t ulit,• Flou
City Attorney's Office Jo_:?ph Abru ,,
100 East Ocean Avenue Pg':: i399 .. 109,(1lp st
Boynton Beach,FL 33435
EASEMENT AND MAINTENANCE AGREEMENT
(HIGH POINT WALL)
THIS EASEMENT AND MAINTENANCE AGREEMENT(the"Agreement")made this •
/rday of , 2024, by and between , o irk' y i,, k , a rfi /cP
with a busines address of 32f4Q/Ag/va4,l yy in/1ra,4L,[(�"��GANTO'") and the CITY F
BOYNTON BEACH,FLORIDA,a Florida mi{nicipal corilg?,tin whose address is P.O. Box 310,
Boynton Beach, Florida 33425, ("CITY") (each a"Party"and collectively the"Parties").
WITNESETH:
WHEREAS,the GRANTOR owns certain parcels of real property located in Palm Beach
County, Florida, further described in Exhibit "A" ("Property"), adjacent to the CITY's real
property; and
WHEREAS, the CITY has requested from GRANTOR, and GRANTOR has agreed to
grant to CITY a non-exclusive perpetual easement over,across,and upon,portions of the Property
legally described in Exhibit"B"(the"Easement Parcel")in order for the CITY to erect,construct,
and maintain an 8-foot high wall; and
WHEREAS, the Parties have agreed to the establishment of the easement as set forth
herein and the establishment of the maintenance obligations relating thereto.
NOW,THEREFORE,in consideration of the mutual promises contained herein and other
good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby
acknowledged,the Parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Easement.GRANTOR hereby grants and conveys to the CITY,and CITY agrees to
accept from GRANTEE, a non-exclusive perpetual easement (collectively "Easement") for the
purpose of erecting, constructing, repairing, and maintaining a wall and related improvements
in the Easement Parcel (collectively the "Improvements"), subject to any and all applicable
permit and other governmental requirements. The CITY shall have all incidental rights
reasonably necessary for the use and enjoyment of the Easement for its intended peruposes,
including, specifically, the right of entry onto the Easement Parcel for purposes of
construction, maintenance, repair, and rEplacement of the Improvements now or hereafter
located within the Easement Parcel.
3. Construction of Improvements.
(a) Design of the Improvements. The CITY shall, at its sole cost and expense,prepare
any such plans, specifications,drawings,design support,and any amendments thereto, and
any other documentation reasonably required to specify the size, character and design of
the Improvements.
(b) Permitting of the Improvements.Prior to the commencement of construction of the
Improvements,the CITY shall obtain any and all permits reasonably required by any local
governmental entity for the Improvements.
(c) Construction by the City. The CITY, at the CITY's sole cost and expense, shall be
responsible for the design, permitting, and construction of the Improvements over, across
and within the Easement Parcel. CITY shall take any and all action reasonably necessary
to secure the Improvements during and after construction to ensure the safety,welfare and
wellbeing of the general public.
(d) Failure to Construct the Improvements. In the event the CITY fails to construct the
Improvements on or before two years after the Effective Date of this Agreement, this
Agreement shall automatically terminate and all rights and obligations created hereunder
shall be deemed null and void and of no further force or effect.
4. Maintenance of Easement Parcel and Improvements.
(a) CITY Responsibilities. CITY, at its sole cost and expense, shall maintain and
replace, to the extent necessary, the Improvements in (i) a good state of repair and condition;
and (ii) in accordance with all applicable regulations. For clarification, CITY shall be
responsible for all structural maintenance of the wall, and for any landscaping and other
aesthetic improvements on or adjacent to the portion of the wall facing the CITY's real
property. CITY shall not be responsible for any aesthetic improvements, including, but not
limited to landscaping, adjacent to the side of the wall facing GRANTOR's Property. In the
event the CITY disturbs or damages any areas within the Easement Parcel, the CITY shall, at
its sole cost and expense, repair and replace any disturbed areas in the Easement Parcel to the
reasonable satisfaction of GRANTOR.Notwithstanding the terms of this paragraph,the CITY
is not responsible for the maintenance of improvements or utilities located within the Easement
Parcel that are owned and/or installed by GRANTOR or any entity other than the CITY.
(b) GRANTOR. Responsibilities. Notwithstanding the terms of paragraph (a) above,
GRANTOR shall, at its sole cost and expense, be responsible for installing, maintaining, and
repairing, all landscaping and other aesthetic improvements abutting or adjacent to the side of
the wall facing GRANTOR's property.
5. GRANTOR Cooperation. GRANTOR agrees to sign any applications and
documents reasonably necessary for any permits which the CITY may require to submit to any
local,state,or federal agency in association with the construction,establishment,and maintenance
of the Improvements.
Page 2 of 9
6. Non-Disturbance of Easement Rights. Except as otherwise provided in this
Agreement, the Parties hereto agree not to build, construct, or place any buildings, structures, or
other hindrances in the Easement Parcel other than the Improvements, and not to in any way use
the Easement Parcel or materially modify or change the lands encumbered by the Easement in a
manner that would disturb or interfere with the proper construction, operation, or maintenance of
such Easement or the Improvements.
7. Termination of Easement. The CITY may, at its option, remove the materials
comprising the Improvements installed and maintained by the CITY with one hundred eighty(180)
days prior written notice to GRANTOR,in which event,the CITY shall return the Easement Parcel
to its original state as it existed prior to the construction of the Improvements and shall execute
and record a written termination of easement in the Public Records of Palm Beach County,Florida.
If the Improvements are replaced, the provisions of this Agreement shall remain in full force and
effect, including the CITY's obligation to maintain said Improvements.
8. Compliance with Laws.The Parties shall comply with all present and future valid
and applicable laws, ordinances, and regulations of the federal government and its agencies, the
State of Florida, and Palm Beach County, in the performance of this Agreement.
9. As-Is Conveyance. The CITY hereby agrees, acknowledges and understands that
the Easement is being conveyed to the CITY"As Is,Where Is,With All Faults,"in such condition
as the same may be on the Effective Date,without any representations or warranties by GRANTOR
as to any condition of the Easement Parcel, and GRANTOR makes no guarantee, warranty, or
representation,express or implied,as to the quality,character,or condition of the Easement Parcel,
or any part thereof, or to the fitness of the Easement Parcel, or any part thereof, for any use or
purpose.
10. Notices. Any formal notice, consent, approval or rejection required or allowed in
accordance with the terms of this Agreement shall be in writing and be deemed to be delivered(a)
when hand delivered to the official hereinafter designated,(b)one(1)days after deposited with an
overnight carrier; or (c) three (3) days from when such notice is deposited in the United States
mail, postage prepaid, certified mail return receipt requested, addressed to a Party at the address
set forth opposite the Party's name below,or at such other address as the Party shall have specified
in written notice to the other Party in accordance herewith.
GRANTOR: /45h P6/�re Ivo27�1
3zs fYJ4 n / /4/1/
pot,n 40/1 A04 d._
L34i5
CITY: 0 iiL1 ,f14CI
IIra fartatr e
► • Nei/ ,4
33835
Page 3 of 9
11. Defaults and Remedies.Each of the Parties hereto shall give the other Party notice
of any alleged default hereunder and shall allow the defaulting Party thirty(30)days after the date
of receipt of notice to cure such default, provided; however, that if the default is not reasonably
capable of being cured with commercially reasonable efforts within thirty(30)days,the Party shall
have such longer time to cure such default as may be reasonably necessary, not to exceed one
hundred twenty (120) days ("Cure Period"). In the event either of the Parties fails to cure such
non-performance or breach within the Cure Period, the other Party, in its sole discretion, shall be
entitled to (a) exercise the right of specific performance with respect to such non-performance or
breach; (b) pursue all other rights and remedies available to said Party; or (c) terminate this
Agreement and upon any such termination, this Agreement and all rights and obligations created
hereunder shall be deemed null and void and of no further force or effect.
12. Effective Date.The effective date of this Agreement shall be effective upon which
the last of the Parties hereto executes this Agreement("Effective Date").
13. Recording. CITY shall cause this Agreement to be recorded in the Public Records
of Palm Beach County, Florida.
14. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the
Parties herein, and no right or cause of action shall accrue upon or by reason hereof, to or for the
benefit of any third party that is not a party hereto.
15. Severability. If any provision in this Agreement shall be determined to be invalid
by a court of competent jurisdiction,then such provision or determination shall not affect any other
provisions of this Agreement, all of which other provisions shall remain in full force and effect.
16. Sovereign Immunity.Nothing herein is intended as a waiver of CITY's sovereign
immunity under Section 768.28, Florida Statutes.Nothing hereby shall inure to the benefit of any
third party for any purpose,which might allow claims otherwise barred by sovereign immunity or
operation of law.
17. Amendments.This Agreement shall not be changed,altered or amended except by
an instrument in writing executed by GRANTOR and CITY or their respective successors and
assigns.
18. Covenant Running with the Land. This Agreement and all conditions and
covenants set forth herein are intended to be and shall be construed as covenants running with the
land,binding upon and inuring to the benefit of the GRANTOR or CITY, as the case may be, and
their respective heirs, successors and assigns, including,without limitation,all subsequent owners
and/or tenants of the Property and all subsequent owners and/or tenants of the portion of property
presently owned or leased by CITY,which is adjacent and contiguous to the Easement Parcel,and
all persons claiming by,through and under them.
19. Governing Law, Venue. In the event of any litigation in connection with this
Agreement,each party shall be responsible for its court costs and reasonable attorney's fees.Venue
for any litigation filed in relation to this Agreement shall be filed exclusively in state court in Palm
Beach County,Florida.
Page 4 of 9
20. General Provisions. No failure of either Party to exercise any power given
hereunder or to insist upon strict compliance with any obligation specified herein, and no custom
or practice at variance with the terms hereof, shall constitute a waiver of either Party's right to
demand exact compliance with the terms hereof.This Agreement contains the entire agreement of
the Parties hereto,and no representations,inducements,promises or agreements,oral or otherwise,
between the parties not embodied herein shall be of any force or effect.. This Agreement may be
executed in multiple counterparts, including by electronic or digital signatures in compliance with
Chapter 668, Florida Statutes, each of which shall constitute an original, but all of which taken
together shall constitute one and the same agreement. The headings inserted at the beginning of
each paragraph of this Agreement are for convenience only, and do not add to or subtract from the
meaning of the contents of each paragraph. The Parties acknowledge that this Agreement was
prepared after substantial negotiations between the Parties and this Agreement shall not be
interpreted against either Party solely because such Party or its counsel drafted the Agreement.
Unless otherwise specified herein,any references to"days"shall refer to calendar days.
[SIGNATURES ON FOLLOWING PAGES]
Page 5 of 9
EASEMENT AND MAINTENANCE AGREEMENT
(HIGH POINT WALL)
Signed and Sealed the day and year first above written.
WITNESSES: GRANTOR:
By: By:
Print Name: V;r t N 6e e Title: PRe /O&sv/l
Address: 02 Ve. /l7q,n e e NN, D u
, 7, ,G7c/ J {) .?3 /�S
By: . 01+./10-7/4:1--,
Print Name: J7-69&194//e K 1-7-e>V')
Address: Z`O`O
Boy,irzw / /4- 33X35
STATE OF r(,d 2i 114' )
) ss
COUNTY OF PAL 66-AC 14 )
The foregoing instrument was acknowledged before me by means of 0 physical presence
or 0 online notarization, this /O- day of Febrv�r 2024 by L 40/Qk GE2m/&)4-444
as QQESioemr of sO'Nq,nd;s ,,,;�Ew- 2V';r FLvrcro4 corporation, on behalf of the
corporation. They are 1)( personally known to me
(type of identification) as identification.
My commission expires: ‘041114dT7k%)
NOTARY PUBLI , STATE OF r L
My commission number is: I d t'b A- S. -al-etc/Jo JJ
Printed Name of Notary
(Notary Seal)
60.►t4 Notary public State ot Florida
f Brenda Jean Thornton
Commiuion HH 124355
Said' Expires 07/20/2025
Page 6 of 9
EASEMENT AND MAINTENANCE AGREEMENT
(HIGH POINT WALL)
CITY OF BOYNTON BEACH, a Florida
municipal corporation
M• " i•' 'ENSERGA
Signed, sealed and delivered
in the presence of:
By: � �• _ (�
Print Name: ammy Stanzione
Address: \ ,c CC--e%ckr
. 33 q35
By:
Print Nam : 1,4e,I►.Ssa Clave
Address: too E. Ocean 81ud
Boin+an, &oA, FL 33-131
r0yc1TON &.`‘‘
APPROVED AS TO FORM: <Pe*ORATF••.,/011,'
s >-:
-cEo:
, cock,°R :
/ J ~
Ai/ A r. �'� •`��. 2P0
CITY ATTORNEY'S OFFICE ' '
�` �•••... • 'AQP
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY ERTIFY, that on 1 2D , before me by means of online
notarization, or V physical presence, an of cer duly authorized in the State and County aforesaid
to take acknowledgments, Ty Penserga personally appeared as Mayor of the City of Boynton Beach
on behalf of the City, and said person(s) either ( ) produced the following as identification
, or( ✓) are personally known to me.
WITNESS my hand and official seal in the County and State as listed above,this 7day of
, 2024.
`,,,.NH
chi„, m„, ,..,,,,,,
,.• �EJESUS j•,
,,
‘,.•• •0 P L1C Nota ' ,lic Signa e
_ ° N & •.. MI) -
°oMM�Z p2 ; Print • of Notary Public
�yp�REs2 aQ.'Le041, My Co fission Expires: o2-o-- Oar
q OF..... e ``� [Seal]
SioN „, Page 7 of 9
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EXHIBIT A
PROPERTY
Page 8 of 9
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EXHIBIT B
EASEMENT PARCEL
Page 9 of 9
CONTRACTOR SHALL PLA COLUMNS AT E ONTRACTO SHALL R MOVE ALL HEDGES DURING THE INSTALLATION,OF THE NE\N'NALL�
I EXISTING -T-Ei?MtR}At- T, INSTALL -- - —RL
_ � '� AND REMOVE ANY TREE ROOTS IMPEDING THE WALL INSTALLATION. INSTALL A 2r DEPTH
I I LIGHT GREY FENCE SLS IS ON EXISTING C IN _1 DIP R.w.M „ ROOT DAt2RIER A�QNG THE PLOP RTY LINE_FOR AN/ REMAINING TREES..
'�FENCE TO REMAIN - - " — M
NO PRECAST PANEL IN TNS SECTION 50 x5'
fitLITTLE LEAGUE ROAD EASEMENT (1)
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SQUALL SPACED N 10.00' 20.00' 10.00' 20.00' -1 o ~a I
� 20.00' � . m '
C-0L'UFAIVS NOT TO (TV) o m o (TYP) 0 z w
EXCEED 20' �� Z - v z z
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EXISTING CHAIN LINKO
FENCE TO REMAIN 20.00' WALL PANEL (TYP) CENTERED 2' 0F. PROPERTY LINE U
u u 0 u ° 11 ° CONTRkCT. R SHALLI
II REMtE AIL HiGE j DURING T1IE I44TALJATIOI OF ITHE liEW u u II II u u u u II
WALLA ANY TREE ROOTS IMPEDING THE WALL INSTALLATION. INSTALL A
Q" �,G R W M 2' D _ OT BARRIER ALONG THE PROPERTY LINE FOR ANY REMAINING TREES.. DIP R.'h'.+n
71 'x9 3
EASEMENT (2) EXISTING FPL ELECTRICAL BOX LITTLE LEAGUE RQAD _
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I- z CENTERED 2' � Z z z oS z
z OF PROPERTY LINE PROPERTY LINE PER PALM BEACH o
COUNTY PROPERTY APPRAISER
� irly
CONTRACTOR SHALL REMOVE ALL HEDGES DURING THE INSTALLATION OF.�4E
R.w.r� L r 5
- NEW--WALE--ANO=REMOVE-AN-14 TREE -INS AT+ON ---- _--- _
t.
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INSTALL A 2' DEPTH ROOT BARRIER ALONG-hTHE PROPERTY OR ANY 8
REMAINING TREES.. __ J Y LL
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- 50'x,5'EASEMENT(1) n 8= W
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a I 20.00' -i - - ``" 13.37' _
m -20.00' WALL PANEL (TYP) (TYP) -0 o K o -T -- — W
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71'x 9'EASEMENT(2) 0RAWN GNO.
SCALE:NONE SHEET 2 a 3