R26-099 RESOLUTION NO. R26-099
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING A UTIUTY EASEMENT
3 ENCROACHMENT AGREEMENT BETWEEN THE CITY OF BOYNTON
4 BEACH AND SEACREST APARTMENTS PROPERTY OWNER LLC TO
5 INSTALL STORM SEWER PIPES CROSSING THE 12-FOOT UTIUTY
6 EASEMENT DEDICATED TO THE CITY OF BOYNTON BEACH; AND FOR
7 ALL OTHER PURPOSES.
8
9 WHEREAS, Seacrest Apts Property Owner LLC ("Developer") is the fee simple owner of
10 certain real property located on the west side of Seacrest Boulevard, north of Boynton Canal,
11 Boynton Beach, Palm Beach County, Florida, as more particularly described in the Warranty Deed
12 recorded at CFN 20240321047, O.R. Book 35273, Page 576, Public Records of Palm Beach County,
13 Florida, and as unified under the Declaration of Unity of Title recorded at CFN 20250169877, O.R.
14 Book 35737, Page 1303, Public Records of Palm Beach County, Florida (the "Property"); and
15 WHEREAS, the Developer has agreed to dedicate a 12-foot utility easement to the City
16 for a proposed 8-inch water main in connection with the Seacrest Sound Apartments land
17 development permit, to be dedicated by separate instrument with sketch and legal description to
18 be provided at project closeout (the "Utility Easement"); and
19 WHEREAS, during technical review of the Land Development Permit for the Seacrest
20 Sound Apartments Project, it was identified that three (3) 24-inch HDPE storm sewer pipes cross
21 the Utility Easement at three (3) separate locations (the "Storm Sewer Crossings"); and
22 WHEREAS, the Storm Sewer Crossings constitute an encroachment within the City's Utility
23 Easement, requiring a formal agreement to govern the shared use of the Utility Easement while
24 protecting the City's water main infrastructure and maintenance access; and
25 WHEREAS,the Parties desire to establish protocols for the coexistence of the Storm Sewer
26 Crossings within the Utility Easement while protecting the City's water main infrastructure and
27 maintenance access; and
28 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
29 best interests of the City's citizens and residents to approve a Utility Easement Encroachment
30 Agreement between the City and Seacrest Apartments Property Owner LLC to install storm sewer
31 pipes crossing the 12-foot utility easement dedicated to the City of Boynton Beach.
RESOLUTION NO. R26-099
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
33 BEACH, FLORIDA, THAT:
34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
35 being true and correct and are hereby made a specific part of this Resolution upon adoption.
36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
37 approve the Utility Easement Encroachment Agreement between the City of Boynton Beach and
38 Seacrest Apartments Property Owner LLC (the "Agreement"), in form and substance similar to that
39 attached as Exhibit A.
40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
41 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
42 ancillary documents required under the Agreement or necessary to accomplish the purposes of
43 the Agreement, including any term extensions as provided in the Agreement, provided such
44 documents do not modify the financial terms or material terms.
45 SECTION 4. Upon execution of the Agreement by the City, the City Clerk shall record
46 the Agreement in the Public Records of Palm Beach County. The City Clerk shall provide a copy
47 of the recorded Agreement to Milot Emile. Milot Emile shall forward a copy of the Recorded
48 Agreement to Seacrest Apartments Property Owner LLC.
49 SECTION 5. This Resolution shall take effect in accordance with the law.
50 [SIGNATURES ON THE FOLLOWING PAGE]
51
RESOLUTION NO. R26-099
52 PASSED AND ADOPTED this \ (,) day of 1 LA- -e-- 2026.
53 CITY OF BOYNTON BEACH, FLORIDA
54 YES NO
55 Mayor- Rebecca Shelton ✓
56
57 Vice-Mayor-Thomas Turkin
58
59 Commissioner-Angela Cruz ✓
60
61 Commissioner- Mack McCray ✓
62
63 Commissioner-Aimee Kelley ✓
64
65 VOTE 55 -0
66 ATTEST:
67
68
69 Tammy Stani.ne, CMC v Rebecca Shelton
70 Interim City Clerk Mayor
71
72 APPROVED AS TO FORM:
73 (Corporate Seal)
74
75 /
76 Shawna G. Lamb
77 City Attorney
PREPARED BY AND RETURN TO:
STACEY R.WEINGER,ESQ.
CITY OF BOYNTON BEACH
100 E.OCEAN AVE.
BOYNTON BEACH,FL 33435
PCN:08-43-45-21-19-000-0010
UTILITY EASEMENT ENCROACHMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND SEACREST APTS PROPERTY OWNER LLC FOR THE SEACREST SOUND APARTMENTS
PROJECT LOCATED ON THE WEST SIDE OF SEACREST BOULEVARD, NORTH OF BOYNTON
CANAL, BOYNTON BEACH, FLORIDA
THIS UTILITY EASEMENT ENCROACHMENT AGREEMENT(the "Agreement") is made as of
2026 by and bet een the f ity of Boynton Beath a Florida municipal corporation
(the "City") whose address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435, and Seacrest
Apts Property Owner LLC, a Delaware limited liability company authorized to do business in the
State of Florida ("Developer"), whose address is 700 Biltmore Way, Suite C-3, Coral Gables,
Florida 33134 (each a "Party"and collectively the "Parties").
RECITALS
WHEREAS,the Developer is the fee simple owner of certain real property located on the
west side of Seacrest Boulevard, north of Boynton Canal, Boynton Beach, Palm Beach County,
Florida,as more particularly described in the Warranty Deed recorded at CFN 20240321047,O.R.
Book 35273, Page 576, Public Records of Palm Beach County, Florida, and as unified under the
Declaration of Unity of Title recorded at CFN 20250169877, O.R. Book 35737, Page 1303, Public
Records of Palm Beach County, Florida (the "Property"); and
WHEREAS, the Developer has agreed to dedicate a 12-foot utility easement to the City
for a proposed 8-inch water main in connection with the Seacrest Sound Apartments land
development permit, to be dedicated by separate instrument with sketch and legal description
to be provided at project closeout (the "Utility Easement"); and
WHEREAS, during technical review of the Land Development Permit for the Seacrest
Sound Apartments Project, it was identified that three (3) 24-inch HDPE storm sewer pipes cross
the Utility Easement at three (3) separate locations (the "Sam m Sewer Crossings"); and
WHEREAS, the Storm Sewer Crossings constitute an encroachment within the City's
Utility Easement, requiring a formal agreement to govern the shared use of the Utility Easement
while protecting the City's water main infrastructure and maintenance access; and
WHEREAS, the Parties desire to establish protocols for the coexistence of the Storm
Sewer Crossings within the Utility Easement while protecting the City's water main infrastructure
and maintenance access.
Seacrest Sound Encroachment Agreement 5.6.26 1
NOW,THEREFORE, in consideration of the mutual covenants herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. GRANT OF PERMISSION
The City hereby grants the Developer permission to maintain the following private storm
sewer infrastructure within the 12-foot Utility Easement: three (3) 24-inch HDPE storm sewer
pipes crossing the Utility Easement at three(3)separate locations(the "Storm Sewer Crossings").
This permission is expressly subject to all terms and conditions set forth in this Agreement and
does not constitute a waiver of any City rights or interests in the Utility Easement area.
2. DEVELOPER RESPONSIBILITIES AND LIABILITY
a. Developer acknowledges and agrees that it is solely responsible for all costs
associated with the installation, operation, maintenance, repair, and replacement of the
Storm Sewer Crossings, including but not limited to any damage to the Storm Sewer
Crossings that may occur during City water main maintenance, repair, or emergency
operations, and all costs for repair, replacement, or relocation of the Storm Sewer
Crossings necessitated by City water main work.
b. Developer shall provide the City withcurrent emergency contact rotor Ination for
24-hour response capabilities, including primary and backup contacts with phone
numbers and email addresses, and shall update such contact information within ten (10)
days of any changes, ensuring that emergency contacts have full authority to make
immediate decisions regarding shutoffs, repairs, and site access.
c. Developer shall submit to the City, within thirty (30) days of this Agreement's
execution, detailed written procedures that include: step-by-step protocols for isolating
and managing each storm sewer crossing during utility maintenance events;the location
of all access points and control mechanisms; estimated timeframes for isolation
procedures; emergency repair protocols and contractor contact information; and
procedures for coordination with City personnel during water main emergencies.
d. Construction Phase Requirements. Developer shall implement comprehensive
water main protection measures during all construction activities, including but not
limited to excavation, shoring/bracing, and related foundation work. Prior to
commencement of any construction activities within or adjacent to the Utility Easement,
Developer shall submit to the City for written approval a detailed Construction Water
Main Protection Plan prepared by a licensed professional engineer registered in the State
of Florida. This plan shall specifically address mitigation strategies for ground vibrations,
soil displacement, differential settlement, and structural support methods to ensure the
integrity of the City's proposed 8-inch water main throughout construction.
e. Construction Contingency and Emergency Response. Developer shall provide a
comprehensive Water Main Emergency Response Plan that includes: immediate repair
procedures for any damage discovered during construction;emergency bypass options to
maintain potable water service during repairs; pre-qualified emergency contractors
Seacrest Sound Encroachment Agreement 5.6.26 2
available on 24-hour call; and a detailed sequence of actions to be taken upon discovery
of any water main compromise. In the event of any damage to the water main during
construction, Developer shall immediately cease all construction activities within 50 feet
of the affected area, notify the City within two (2) hours of discovery, implement
emergency containment measures to prevent further damage, and initiate approved
. .. hours. Developeracknowledges �--��� of
the essence
procedures within 24 acknowle ges that time is essence
in water main repairs and agrees to prioritize such repairs over all other construction
activities.
3. INDEMNIFICATION AND HOLD HARMLESS
Developer shall defend, indemnify, and hold harmless the City, its officers, employees,
agents, and contractors (collectively, "Indemnified Party") from and against any and all claims,
demands,actions,suits,damages, liabilities, losses, settlements,judgments, costs, and expenses
(including reasonable attorneys'fees and costs)sustained by the Indemnified Party arising out of
or resulting from: the presence of Developer's Storm Sewer Crossings within the Utility
Easement; any interference with City water main operations caused by the Storm Sewer
Crossings; any damage to persons or property resulting from Developer's storm sewer
infrastructure or its installation, maintenance, or operation; any delay in City water main
maintenance or repair operations caused by the Storm Sewer Crossings; Developer's
performance or breach of this Agreement; acts or omissions, negligence, recklessness, ur
intentional wrongful conduct by Developer, its agents, employees, or subcontractors; and
Developer's failure to take out and maintain insurance as required under this Agreement.
Developer shall pay all claims and losses in connection therewith and shall investigate and defend
all claims,suits,or actions of any kind or nature against an Indemnified Party, including appellate
proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon.
Developer's indemnification obligations shall survive indefinitely regardless of the termination of
this Agreement, and shall be binding upon Developer's successors, assigns, heirs, and personal
representatives.
4. PRIORITY OF CITY INFRASTRUCTURE AND ACCESS REQUIREMENTS
The Parties acknowledge that the City's 12-foot Utility Easement and the proposed 8-inch
water main have absolute priority within the Utility Easement, and Developer's Storm Sewer
Crossings are expressly subordinate to the water main infrastructure and the City's maintenance
access needs. Developer shall ensure that the Storm Sewer Crossings do not impede City access
to the water main and shall immediately relocate any Storm Sewer Crossing upon the City's
reasonable request to facilitate water main maintenance or repair, with all costs of such
relocation to be borne solely by Developer. Developer acknowledges that the City may need to
excavate, repair, or replace the water main with little or no advance notice during emergency
situations,and Developer waives any claim for damages resulting from such emergency work.
5. CONSTRUCTION, INSTALLATION,AND DOCUMENTATION REQUIREMENTS
Developer shall obtain all necessary permits and approvals for the Storm Sewer Crossings
and comply with all applicable federal, state, and local codes, regulations, and City standards.
Seacrest Sound Encroachment Agreement 5.6.26 3
The Storm Sewer Crossings shall be installed in accordance with City engineering standards and
specifications, construction drawings stamped by a licensed professional engineer registered in
the State of Florida, industry best practices for utility crossings in shared easements, and all
applicable Florida Department of Environmental Protection standards. Developer shall provide
the City with as-built drawings prepared by a Florida-licensed surveyor within thirty(30) days of
installation completion, showing exact locations, depths, specifications, angles of crossing, and
materials of all Storm Sewer Crossings. Additionally, post-construction verification shall include
video inspection of all crossing sections and structural engineering certification that construction
activities have not compromised the water main or its easement corridor. Developer shall
maintain daily construction logs specifically documenting all activities within 25 feet of the Utility
Easement, including excavation work, heavy equipment movement, and any observations of
ground settlement or structural movement. These logs shall be provided to the City weekly
during active construction and shall be certified by the project's supervising engineer.
6. ONGOING OBLIGATIONS AND COMPLIANCE
a. Developer shall maintain unobstructed access to the Utility Easement and shall
not install any permanent structures, landscaping, or other improvements that would
impede City maintenance vehicles, equipment, or personnel access to the water main
infrastructure.
b. Developer shall inspect the Storm Sewer Crossings annually by a qualified
professional and provide written reports to the City documenting their condition, any
maintenance performed, and compliance with all applicable regulations. The City
reserves the right to inspect Developer's Storm Sewer Crossings and their compliance
with this Agreement at any reasonable time with twenty-four (24) hours' written notice,
except during emergency situations when immediate access may be required.
c. The City reserves the right to station an inspector on-site during all construction
activities that may impact the water main. The City's inspector shall have authority to
immediately halt construction activities if conditions pose a risk to water main integrity,
and Developer shall comply with all directives from the City's inspector regarding
protection measures and construction sequencing. Developer shall provide the City with
48-hour advance notice of any construction activities within 25 feet of the Utility
Easement centerline and shall coordinate such activities with City personnel to ensure
appropriate oversight and protection measures are in place.
d. Developer shall maintain accurate records of all maintenance, repairs, and
modifications to the Storm Sewer Crossings and shall make such records available to the
City upon request.
7. INSURANCE AND BONDING REQUIREMENTS
Developer shall maintain, at its sole expense throughout the term of this Agreement,
commercial general liability insurance with minimum limits of two million dollars ($2,000,000)
per occurrence and four million dollars($4,000,000) aggregate, naming the City as an additional
insured on a primary and non-contributory basis. Developer shall also maintain professional
Seacrest Sound Encroachment Agreement 5.6.26 4
liability insurance with minimum limits of one million dollars($1,000,000)and property insurance
covering the full replacement value of the Storm Sewer Crossings. All insurance policies shall be
issued by insurers licensed to do business in the State of Florida with a minimum A.M. Best rating
of A-VII, and insurance certificates and endorsements shall be provided to the City annually and
upon any policy renewal or modification. Developer shall also provide a performance bond or
letter of credit in the amount of five hundred thousand dollars($500,000)to secure Developer's
obligations under this Agreement, including potential crossing relocation costs and water main
repair and remediation costs during construction. This bond shall remain in effect from the
commencement of construction until twelve (12) months after completion of all construction
activities, or until the City certifies that the water main has not been adversely affected by
construction activities,whichever occurs first.
8.TERM, DEFAULT, AND TERMINATION
a. Term. This Agreement shall become effective upon execution by all Parties (the
"Effective Date") and shall remain in effect for so long as Developer's Storm Sewer
Crossings remain within the Utility Easement area, unless terminated earlier in
accordance with the provisions hereof.
b. Events of Default. Developer shall be deemed in material default of this
Agreement upon the occurrence of any of the following events: failure to maintain
required insurance coverage or bonding as specified in Section 7, or failure to provide
required insurance certificates or endorsements within thirty (30) days of City's written
request; failure to provide or update emergency contact information as required in
Section 2 or failure to respond within four (4) hours during City-declared water main
emergencies; installation of any structures or improvements that impede City access to
the water main infrastructure, failure to relocate Storm Sewer Crossings upon City's
reasonable request as specified in Section 4, or any action that materially interferes with
City water main operations; violation of any environmental regulation resulting in
regulatory action against the City,failure to obtain or maintain required permits,or failure
to provide required annual inspection reports for more than sixty(60)days after due date;
or if Developer becomes insolvent, makes an assignment for the benefit of creditors,files
for bankruptcy protection, or fails to pay any amounts owed to the City under this
Agreement within thirty (30) days of written demand.
c. Notice and Cure Period. Except for emergency situations or financial events
described in Section 8(b),the City shall provide the Developer with written notice of any
claimed default. Developer shall have thirty (30) days from receipt of such notice to cure
the default, provided that if the default cannot reasonably be cured within thirty (30)
days, Developer may extend the cure period by providing the City with a written plan for
cure acceptable to the City, acting reasonably,and diligently pursuing such cure.
d. City's Remedies Upon Default. Upon Developer's uncured default, City may
exercise any or all of the following remedies, which are cumulative and not exclusive:
perform necessary emergency work at Developer's expense, with costs secured by the
performance bond; revoke permission for the Storm Sewer Crossings within the Utility
Easement upon fifteen (15) days' written notice for emergency situations, or thirty (30)
Seacrest Sound Encroachment Agreement 5.6.26 5
days for non-emergency defaults; require immediate relocation of the Storm Sewer
Crossings at Developer's sole cost and expense; draw upon the performance bond or
letter of credit to secure compliance or cover City's costs; exercise any legal or equitable
remedies available at law or in equity; or terminate this Agreement in accordance with
Section 8(e) below.
e. Termination. This Agreement may be terminated: at any time by mutual written
agreement of both Parties; by City upon thirty (30) days' written notice following
Developer's uncured material default(fifteen(15)days for emergency situations affecting
water main operations); by Developer upon ninety (90) days' written notice to City,
provided Developer removes all Storm Sewer Crossings from the Utility Easement area at
its sole cost and restores the Utility Easement to its original condition;automatically upon
Developer's permanent cessation of use of the Storm Sewer Crossings for a period
exceeding twelve (12) months; or by either Party if a force majeure event continues for
more than one hundred twenty (120) consecutive days.
f. Effect of Termination. Upon termination of this Agreement, Developer shall, at its
sole cost and expense, remove all Storm Sewer Crossings from the Utility Easement area
within sixty (60) days of termination, unless City agrees in writing to allow the crossings
to remain,and shall restore the Utility Easement area to substantially the same condition
as existed prior to installation of the Storm Sewer Crossings, including proper backfill,
compaction, and surface restoration. The following provisions shall survive termination:
all indemnification obligations under Section 3; all insurance requirements for claims
arising from pre-termination activities; all payment obligations accrued prior to
termination; and environmental compliance and remediation obligations. Any
performance bond or letter of credit shall remain in effect until Developer completes all
removal and restoration obligations to City's reasonable satisfaction.
B. No Waiver. City's failure to declare a default or exercise any remedy shall not
constitute a waiver of such default or City's right to declare a subsequent default or
exercise remedies. Any waiver must be in writing and signed by City's authorized
representative.
h. Dispute Resolution Before Termination. Before exercising termination rights
under Section 8(e) for cause, the Parties agree to meet and confer in good faith for a
period of fifteen (15) days to attempt to resolve any disputes, unless emergency
circumstances require immediate action to protect public health, safety, or City
infrastructure.
9. COMPLIANCE WITH LAWS AND REGULATIONS
a. Developer hereby warrants and agrees that at all times material to this
Agreement, Developer shall perform its obligations in compliance with all applicable
federal, state, and local laws, rules, and regulations.
b. Developer acknowledges that any work within public rights-of-way or easements
may require additional permits from applicable state and local agencies and shall comply
with all laws applicable to utility installations.
Seacrest Sound Encroachment Agreement 5.6.26 6
c. The Parties acknowledge that this Agreement may be subject to Florida's Public
Records Law(Chapter 119, Florida Statutes), and Developer consents to disclosure of this
Agreement and related documents as required by law.
d. Developer shall ensure that the installation and maintenance of the Storm Sewer
Crossings comply with all applicable environmental regulations, including but not limited
to NPDES requirements, Florida Department of Environmental Protection stormwater
regulations, and local environmental protection ordinances. Developer shall be
responsible for any environmental contamination or violations resulting from the Storm
Sewer Crossings and shall immediately notify the City of any spills, releases, or
environmental incidents involving the Storm Sewer Crossings. The installation of Storm
Sewer Crossings shall not interfere with the Utility Easement's designed capacity or
function, and Developer shall provide engineering certification that the Storm Sewer
Crossings will not adversely impact the City's water main infrastructure or easement
corridor.
10.GENERAL PROVISIONS
a. Authority. Each Party represents and warrants to the other that it has all
necessary power and authority to enter into and consummate the terms and conditions
of this Agreement, that all acts, approvals, procedures, and similar matters required to
authorize this Agreement have been taken, obtained, or followed, and that upon
execution of this Agreement by all Parties,this Agreement shall be valid and binding upon
the Parties and their successors in interest and assigns.
b. Amendment.This Agreement may be amended, modified, or cancelled by mutual
consent of the Parties as represented by a written document executed by the City and
the Developer.
c. Notices. All notices to the City shall be in writing by certified mail return receipt
requested, or customarily used overnight transmission with proof of delivery, sent to:
City: Daniel Dugger, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010
Copy: Shawna G. Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Developer: Seacrest Apts Property Owner LLC
700 Biltmore Way, Suite C-3
Coral Gables, Florida 33134
Attn:Jonathan Karlik,Authorized Agent
Telephone: 561-658-8117 Jkarlik@g1ig.com
E-mail:Jkarlik@glig.com
Seacrest Sound Encroachment Agreement 5.6.26 7
d. Sovereign Immunity. Nothing in this Agreement shall be considered or construed
to waive the City's rights and immunities under common law or section 768.28, Florida
Statutes, as may be amended.
e. Attorney's Fees. If either Party sues to enforce this Agreement, each Party shall
bear its own attorney's fees and court costs.
f. Venue, Jurisdiction, Waiver of Jury Trial. This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida. Any legal action arising
out of or relating to this Agreement shall be instituted in the appropriate state court in
Palm Beach County, Florida. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND
INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT
TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT.
g. Independent Contractor.This Agreement does not create an employee/employer
relationship between the Parties. Developer is an independent contractor and shall not
have the right to bind the City to any obligation not expressly undertaken by the City
under this Agreement.
h. Regulatory Capacity. Notwithstanding that the City is a municipal corporation
with regulatory authority, the City's performance under this Agreement is as a Party to
this Agreement and not in its regulatory capacity. Any exercise of regulatory authority by
the City shall be separate and apart from this Agreement.
i. Assignment and Successors. This Agreement shall be binding upon and inure to
the benefit of the Parties' respective successors, assigns, heirs, and personal
representatives. Developer may not assign this Agreement or any rights hereunder
without the City's prior written consent, which may be withheld in the City's sole
discretion. In the event of any transfer of the Property, Developer shall ensure that the
transferee assumes all obligations under this Agreement in writing before closing, and
such assumption agreement shall be recorded in the public records.
j. No Lien. Developer shall not permit any lien, attachment, or other encumbrance
under the laws of the State of Florida to be filed or recorded against the City, any City
property, or any money due or to become due for any work done or materials furnished
under this Agreement.
k. Third-Party Beneficiaries. Neither Developer nor City intends to primarily or
directly benefit a third party by this Agreement. There are no third-party beneficiaries to
this Agreement.
I. Materiality and Waiver of Breach. Each requirement, duty, and obligation set
forth in this Agreement was bargained for at arm's length and is a material term. City's
failure to enforce any provision shall not be deemed a waiver of such provision. Any
waiver must be in writing and signed by an authorized signatory of the Party granting the
waiver.
m. Counterparts. This Agreement may be executed in multiple originals and in
counterparts, whether signed physically or electronically, each of which shall be deemed
an original and all of which together shall constitute one and the same agreement.
Seacrest Sound Encroachment Agreement 5.6.26 8
n. Force Majeure. Neither Party shall be liable for any failure or delay in performing
its obligations under this Agreement if such failure or delay is caused by force majeure
events beyond the reasonable control of such Party, including but not limited to acts of
God, hurricane, tornado, fire, flood, earthquake, explosion, war, terrorism, riot, civil
disorder, or act of any government body. If such period exceeds sixty (60) consecutive
days, either Party may terminate this Agreement upon written notice.
o. Entire Agreement.This Agreement represents the entire agreement between the
City and the Developer with respect to the subject matter hereof and supersedes all prior
and contemporaneous negotiations, understandings, and agreements, written or oral,
between the Parties.
p. Severability. If any provision of this Agreement is held invalid or unenforceable,
the remainder of this Agreement shall continue in full force and effect and be enforced
to the fullest extent permitted by law.
q. No Construction Against Drafter. The Parties acknowledge that they have both
participated in the negotiation and preparation of this Agreement. Accordingly, this
Agreement shall not be construed more strictly against either Party, regardless of which
Party was responsible for its preparation.
r. Recording.Within fourteen (14)days after the execution of this Agreement by the
Parties,the City shall record this Agreement in the Public Records of Palm Beach County,
Florida, with the cost thereof to be borne by the Developer.
s. Informed Execution. This Agreement is entered into voluntarily by the Developer
without duress and after full review, evaluation, and consideration. Developer is
represented by counsel, or alternatively, has been afforded an opportunity to retain
counsel for review of this Agreement.
(SIGNATURES ON FOLLOWING PAGE)
Seacrest Sound Encroachment Agreement 5.6.26 9
IN WITNESS WHEREOF,the Parties have executed this Agreement on the date last written above.
CITY OYTON BEACH, FLORIDA SEACREST APTS P PERTY OWNER LLC
i
v
Rebecca Shelton, Mayor I \I (Signature),
Authorized Official
Ahced .,
Print Name:
/7 ser--
Title:
Approv as to Form:
i(iferi
Shawna G. Lamb, City Attorney '�oyNSON•BF``t
Attested/Authenticate.: : o%QOR y ,o►
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City Clerk's Offi e t• \\k, \ '2 ;
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11 ••••..••...••SZ f
STATE OF FLORIDA ��.., F- 4,;,4
COUNTY OF PALM BEACH
Theforegoing instrumentwas acknowle.:ed beforeefme by t�means of physical presence this
1r/ day of / i'-7 , 2026 • •- - ! as //C'1 .5-E� of Seacrest Apts
Property Owner LLC,who i •ersonall ,•• o me or who has produced
as identification. He/She acknowledged to me that he/she is authorized to execute the foregoing
instrument on ehalf of the com d that he/she executed the foregoing instrument on
behalf of sai company as hi act and deed and as the free act and deed of said company.
21..e6ry
Public, at FI a
Print Nam . c''! fr''i
My Commission Expires:-5"e',14 _i xJ1
`? yp,,,� JONATHAN KARLIK
��/ ` , Notary Public-State of Florida
P"_'!_ Commission# HH 589123
' lIIT' My Commission Expires
'��n°,0��`� September 03, 2028
1
Seacrest Sound Encroachment Agreement 5.6.26 10