R06-081
1 RESOLUTION NO. 06- Qat
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND APPROVING A
5 RIGHT OF ENTRY AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH AND SOUTH FLORIDA
7 WATER MANAGEMENT DISTRICT (SFWMD) FOR
8 THE FLORIDAN AQUIFER MONITORING WELL
9 ACCESS AGREEMENT; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, On AprilS, 2006, the City Commission approved the construction of
13 two (2) dual-zone monitoring wells for the purpose of collecting water quality data for
14 possible future water sources, and;
15 WHEREAS, It was determined that the City would only drill the two (2) wells,
16 deleting installation of equipment for data collection that would have been performed by the
17 City, and;
18 WHEREAS, the right of entry agreement will allow the SFWMD to install and
19 maintain the additional equipment necessary for monitoring purposes.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 hereby authorize and approve the Right of Entry Agreement between the City of Boynton
27 Beach and South Florida Water Management District., said Agreement is attached hereto as
28 Exhibit "A".
Section 3.
The Mayor and City Clerk are authorized and directed to execute said
2 Agreement.
3
Section 4.
This Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this ~ day of April, 2006.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10
11
12
13
14
15 ISSIoner
~~ ~~~LL
~~ re'( :L ~ f_. ,_.
21 Commissioner I '-"'"OLA....t:.n~./
22 ATTEST:
23
24
25
26
27
28
29
30
31
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Karen Risely
Utilities Department
FROM:
Janet Prainito
City Clerk
DATE:
May 3, 2006
RE:
R06-081 Right of Entry- Floridan Aquifer Monitoring Well Access
Agreement
Attached is the original document for the above-mentioned agreement and a copy of
the Resolution. Once the contracts are fully executed, please return the originals or a
copy of this document to this office for Central File.
Please contact me if there are any questions. Thank you.
cr-7n~
Attachments
S:ICCIWP\AFTER COMMISSIONIDepartmental Transmittals\20061Karen Risely 5-3-06.doc
A 0& - 0 &' 1
RIGHT OF ENTRY
Project: FLORIDAN AOUIFER MONITORING WELL ACCESS AGREEMENT
The City of Boynton Beach, a municipal corporation of the State of Florida ("Property Owner"),
whose mailing address is 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 and
SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of
Florida ("District"), whose principal office is located at 330 I Gun Club Road, West Palm Beach,
Florida, hereby agrees that District, its agents, contractors, employees and assigns, are hereby
granted a non-exclusive right to enter upon that certain real property (the "Property") owned by
Property Owner, located at 3111 South Congress Avenue (PCN 08-43-46-06-00-000-1000), and
NW n"'D Avenue (PCN 08-43-45-17-09-000-0921), Boynton Beach, in Palm Beach County,
Florida, as depicted on Exhibit "A" (for the Congress Avenue site) and Exhibit "B" (for the NW
22ND Avenue site) attached hereto (site maps) and incorporated herein by reference, for the
purposes described below. The location(s) of the equipment to be installed on the Property shall
be mutually agreed upon by the parties hereto prior to the District exercising any of its rights
under this Right of Entry.
tion
I. Purpose
The District desires to enter into this agreement to enhance its Floridan Aquifer System (F AS)
monitor well network throughout the south Florida region. This monitoring effort is intended as
a long term initiative, so that sufficient information can be obtained to reduce data gaps in the
development and calibration of a regional aquifer model. The model will be used to evaluate
competing uses of the F AS as a water supply source, and identify appropriate Consumptive Use
Permitting (CUP) rulemaking criteria.
Enhancing the present FAS monitoring network is a direct result of the District's Water Supply
Plan Initiatives. Both the Lower East Coast (LEC) and Lower West Coast (LWC) Regional
Water Supply Plans recommend the Floridan Aquifer as an "alternative water supply source"
through implementation of Aquifer' Storage and Recovery (ASR) techniques and reverse osmosis
technology. The Water Supply Plans also recommend developing a regional FAS ground water
now model using aquifer data collected from District sponsored projects, as well as individual
facilities/utilities currently utilizing and monitoring the Floridan aquifer.
II. Activities
District activities conducted on the Property will focus exclusively on obtaining water-level
and water-quality data. All monitoring will be passive in nature and will be conducted in a
manner so as to minimize any disruption to normal facility operations.
The major activities proposed at each monitoring site consist of: (a) equipment installation, and
(b) data collection. It is agreed that the District shall incur all costs associated with installation,
including without limitation well-head modifications and any associated minor permit
modification fees, and collection activities as described herein.
II. Activities - continued
The District shall also be responsible for the maintenance of any and all equipment installed on
the Property pursuant to this Right of Entry.
a. Equipment installation. Staff from the District's Electronic Support and Data Acquisition
(ESDA) Division, or an approved contractor will install data-logger housings, and automated
electronic water-level recording equipment on selected wells. All monitor well pads will be
surveyed to National Geodetic Vertical Datum (NGVD) by District staff
b. Data collection. Water-level data from the monitor wells will be collected digitally in real-
time or downloaded periodically by District staff or an approved contractor for archiving.
Typically, one to two field technicians using a portable computer will download the electronic
data-loggers monthly as well as perform routine maintenance on the equipment. During the first
few months following installation, data-loggers may be downloaded twice per month to
troubleshoot equipment problems and ensure that all installations are performing as intended.
Separate site visits may be scheduled during the course of the year to maintain, repair or upgrade
equipment as deemed necessary. All District personnel access to the Property during all on-site
visits these trips will be coordinated with the FacilityfUtility Director or his designee.
On a quarterly basis, District staff or an approved contractor may collect a groundwater sample
for chemical analysis from selected wells. To ensure a representative sample from the monitor
zone of interest, it will be necessary to purge the well before obtaining the water sample. As a
result (and to minimize any inconvenience), the District/contractor will notify the Facility/Utility
Director in writing before sampling to assure proper facility protocols are met. The District-
operated laboratory will analyze the Floridan aquifer samples for chloride and total dissolved
solid concentrations.
The Property Owner and the District hereby agree as follows:
I. The Property Owner hereby acknowledges that (i) any equipment or physical
structure (i.e. water well) placed on the Property by the District shall remain the
property of the District, and (ii) all such equipment shall be removed from the
Property, and any wells capped or filled in, by the District on or before the
termination of this Right of Entry.
2. The District agrees that upon completion of the activities by the District pursuant
to this Right of Entry will be restored to the same condition that existed prior to
execution this Right of Entry by the parties.
3. The Property Owner shall allow all authorized representatives of the District,
their vehicles and equipment access to the Property after receipt of a reasonable
notice in order to implement and carryout the activities described herein.
4. This Right of Entry does not convey any District property rights or equipment to
the Property Owner nor any rights and privileges, other than those specified
herein.
Page 2 of4
5. This Right of Entry does not convey any rights or interest in the Property to the
District from the Property Owner, other than those specifically referenced herein.
6. Entry into this Right of Entry Agreement does not relieve the Property Owner's
obligations to comply with other federal, state or local laws, regulations or
ordinances, or the requirements of District issued water-use permit(s).
7. This Right of Entry may be modified only upon the mutual consent of both
parties, submitted in writing.
8. Prior to any sale, transfer or conveyance of the Property, the District requests
notification so that alternative agreements or arrangements may be made by the
District, if necessary.
9. Provided this Right of Entry has not otherwise been terminated by either party as
provided herein, the term of this Right of Entry may be extended for up to five
(5) successive renewal terms of five (5) years each upon mutual consent by the
parties hereto. All terms, conditions, covenants and provisions of this Right of
Entry shall apply during all renewal terms, if any are experienced.
10. This agreement may be terminated by either party upon ninety (90) days written
notice to the non-terminating party, with paragraphs I and 2 above, being
applicable.
I I. To the extent permitted by law for Florida governmental entities, the District will
hold the Property Owner harmless from any actions brought by third parties for
damage to person or property as a result of the District's activities on owner's
property .
12. Notices. All notices requests, demands and other communications hereunder
shall be in writing and shall be mailed to the following address:
If to Property Owner, to: City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Attn: City Manager
with a copy to:
James A. Cherof, City Attorney
3099 E. Commercial Boulevard, Suite #200
Fort Lauderdale, FL 33308
If to District, to South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
Attn: Emily Richardson, Water Supply Planning
Page 3 of 4
A 0& -O~?J
RIGHT OF ENTRY
Project: FLORIDAN AQUIFER MONITORING WELL ACCESS AGREEMENT
The City of Boynton Beach, a municipal corporation of the State of Florida ("Property Owner"),
whose mailing address is 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 and
SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of
Florida ("District"), whose principal office is located at 3301 Gun Club Road, West Palm Beach,
Florida, hereby agrees that District, its agents, contractors, employees and assigns, are hereby
granted a non-exclusive right to enter upon that certain real property (the "Property") owned by
Property Owner, located at 3111 South Congress Avenue (PCN 08-43-46-06-00-000-1000), and
NW 22ND Avenue (PCN 08-43-45-17-09-000-0921), Boynton Beach, in Palm Beach County,
Florida, as depicted on Exhibit "A" (for the Congress Avenue site) and Exhibit "B" (for the NW
22ND Avenue site) attached hereto (site maps) and incorporated herein by reference, for the
purposes described below. The location(s) of the equipment to be installed on the Property shall
be mutually agreed upon by the parties hereto prior to the District exercising any of its rights
under this Right of Entry.
Proiect Description
I. Pnrpose
The District desires to enter into this agreement to enhance its Floridan Aquifer System (F AS)
monitor well network throughout the south Florida region. This monitoring effort is intended as
a long term initiative, so that sufficient information can be obtained to reduce data gaps in the
development and calibration of a regional aquifer model. The model will be used to evaluate
competing uses of the FAS as a water supply source, and identify appropriate Consumptive Use
Permitting (CUP) rulemaking criteria.
Enhancing the present FAS monitoring network is a direct result of the District's Water Supply
Plan Initiatives. Both the Lower East Coast (LEe) and Lower West Coast (LWC) Regional
Water Supply Plans recommend the Floridan Aquifer as an "alternative water supply source"
through implementation of Aquifer'Storage and Recovery (ASR) techniques and reverse osmosis
technology. The Water Supply Plans also recommend developing a regional F AS ground water
now model using aquifer data collected from District sponsored projects, as well as individual
facilities/utilities currently utilizing and monitoring the Floridan aquifer.
II. Activities
District activities conducted on the Property will focus exclusively on obtaining water-level
and water-quality data. All monitoring will be passive in nature and will be conducted in a
manner so as to minimize any disruption to normal facility operations.
The major activities proposed at each monitoring site consist of: (a) equipment installation, and
(b) data collection. It is agreed that the District shall incur all costs associated with installation,
including without limitation well-head modifications and any associated minor permit
modification fees, and collection activities as described herein.
II. Activities - continued
The District shall also be responsible for the maintenance of any and all equipment installed on
the Property pursuant to this Right of Entry.
a. Equipment installatioll. Staff from the District's Electronic Support and Data Acquisition
(ESDA) Division, or an approved contractor will install data-logger housings, and automated
electronic water-level recording equipment on selected wells. All monitor well pads will be
surveyed to National Geodetic Vertical Datum (NGVD) by District staff.
b. Data collection. Water-level data from the monitor wells will be collected digitally in real-
time or downloaded periodically by District staff or an approved contractor for archiving.
Typically, one to two field technicians using a portable computer will download the electronic
data-loggers monthly as well as perform routine maintenance on the equipment. During the first
few months following installation, data-loggers may be downloaded twice per month to
troubleshoot equipment problems and ensure that all installations are performing as intended.
Separate site visits may be scheduled during the course of the year to maintain, repair or upgrade
equipment as deemed necessary. All District personnel access to the Property during all on-site
visits these trips will be coordinated with the Facility/Utility Director or his designee.
On a quarterly basis, District staff or an approved contractor may collect a groundwater sample
for chemical analysis from selected wells. To ensure a representative sample from the monitor
zone of interest, it will be necessary to purge the well before obtaining the water sample. As a
result (and to minimize any inconvenience), the District/contractor will notify the Facility/Utility
Director in writing before sampling to assure proper facility protocols are met. The District-
operated laboratory will analyze the Floridan aquifer samples for chloride and total dissolved
solid concentrations.
The Property Owner and the District hereby agree as follows:
1. The Property Owner hereby acknowledges that (i) any equipment or physical
structure (i.e. water well) placed on the Property by the District shall remain the
property of the District, and (ii) all such equipment shall be removed from the
Property, and any wells capped or filled in, by the District on or before the
termination of this Right of Entry.
2. The District agrees that upon completion of the activities by the District pursuant
to this Right of Entry will be restored to the same condition that existed prior to
execution this Right of Entry by the parties.
3. The Property Owner shall allow all authorized representatives of the District,
their vehicles and equipment access to the Property after receipt of a reasonable
notice in order to implement and carryout the activities described herein.
4. This Right of Entry does not convey any District property rights or equipment to
the Property Owner nor any rights and privileges, other than those specified
herein.
Page 2 of 4
5. This Right of Entry does not convey any rights or interest in the Property to the
District from the Property Owner, other than those specifically referenced herein.
6. Entry into this Right of Entry Agreement does not relieve the Property Owner's
obligations to comply with other federal, state or local laws, regulations or
ordinances, or the requirements of District issued water-use permit(s).
7. This Right of Entry may be modified only upon the mutual consent of both
parties, submitted in writing.
8. Prior to any sale, transfer or conveyance of the Property, the District requests
notification so that alternative agreements or arrangements may be made by the
District, if necessary.
9. Provided this Right of Entry has not otherwise been terminated by either party as
provided herein, the term of this Right of Entry may be extended for up to five
(5) successive renewal terms of five (5) years each upon mutual consent by the
parties hereto. All terms, conditions, covenants and provisions of this Right of
Entry shall apply during all renewal terms, if any are experienced.
10. This agreement may be terminated by either party upon ninety (90) days written
notice to the non-terminating party, with paragraphs I and 2 above, being
applicable.
II. To the extent permitted by law for Florida governmental entities, the District will
hold the Property Owner harmless from any actions brought by third parties for
damage to person or property as a result of the District's activities on owner's
property .
12. Notices. All notices requests, demands and other communications hereunder
shall be in writing and shall be mailed to the following address:
If to Property Owner, to: City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Attn: City Manager
with a copy to:
James A. Cherof, City Attorney
3099 E. Commercial Boulevard, Suite #200
Fort Lauderdale, FL 33308
If to District, to South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
Attn: Emily Richardson, Water Supply Planning
Page 3 of 4
with a copy to:
P.O. Box 24680
West Palm Beach, FL 33416-4680
Attn: Brian Sedock, SIM
By:
,2006,
ER MANAGEMENT DISTRICT
Chip Merri m, Depnty Execntive Director, Water Resonrces
a
ent
PROPERTY OWNER; CITY OF BOYNTON BEACH, FLORIDA
Facility: Congress Avenne Park (Monitor Well No. FDZ-02) and
Quantum Park (Monitor Well No. FDZ-Ol)
~'t::t ~
priL Name: erry Taylor
By:
Title: Mayor
P'
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Title: City Attorney
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Property Information
location Address: 3111 S CONGRESS AVE
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Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
BOYNTON BEACH
08-43-46-06-00-000-1000
legal Description:
Page: Sale Date:
6-46-43, ElY 975 FT OF SLY 996.81 FT OF N 1782.18 FT OF NE 1/4
lYG S OF CHARTER DR N (LESS E 60 FT SR 807 R/W)
Owner Information
Name: BOYNTON BEACH CITY OF
Mailing Address: PO BOX 310
BOYNTON BEACH FL 33425 0310
~---';,~I
[ Sales Information
Sales Information Unavailable.
Exemptions
Full: Municipal Government: $569,824
Total: $569,824
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
land Value:
Total Market Value:
Use Code: 8200
2005 2004 2003
29S 48S $298 562 301 641
244 080 $244 080 244 080
539,565 $542 642 545721
Tax Year 2005
Number of Units: 0
*Total Square Feet: 1330
Acres: 20,34
Description: FOREST/PK/REC
* in residential properties may indicate living area.
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Tax Year: 2005 2004 2003
Assessed Value: $539.565 $542 642 $545 721 ~
Exemption Amount: $0 $542 642 $545721
Taxable Value: $539.565 $0 $0
T VI
r ax a ues
Tax Year: 2005 2004 2003 ~
Ad Valorem: 0 0 SO
Non Ad Valorem: 0 0 SO I''''''',-==;,
Total Tax: 0 0 SO
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Property Information
Location Address: NW 22ND AVE
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Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
Legal Pescription:
BOYNTON BEACH
08-43-45-17 -09-000-09 21
QUANTUM PARK AT BOYNTON BEACH PL 3
Page: Sale Date:
QUANTUM PARK AT BOYNTON BEACH PL 3, LT 92 (LESS SW 50.01 FT
OF NE 55.01 FT OF NW 50 FT OF SE 55 FT KIA UNISITE INC
Owner Information
Name: BOYNTON BEACH CITY OF
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Mailing Address: PO BOX 310
BOYNTON BEACH FL 33425 0310
[ Sales Information
Sales Information Unavailable.
Exemptions
Full: Municipal Government: $259,719
Total: $259,719
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code:
2005
2004
2003
Tax Year 2005
Number of Units:
Acres:
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236 15 157 60 157 604
236 15 157 60 157 604
8900 Description: MUNICIPAL
r Assessed and Taxa e Va ues
Tax Year: 2005 2004 2003
Assessed Value: _ ,236 154 $157 6~ $157 604 ~
Exemption Amount: $0 $157 604 $157 604
Taxable Value: -,-236 154 $0 $0
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Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlV...
Requested City Commission Date Final Form Must be Turned
Meetin2' Dates in to Cirv Clerk's Office
0 April 4, 2006 March 20. 2006 (Noon.) 0
I:8J April 18. 2006 April 3, 2006 (Noon) 0
0 May 2, 2006 April 17, 2006 (Noon) 0
0 May 16,2006 May 1,2006 (Noon) 0
NATURE OF
AGENDA ITEM
o Administrative
I:8J Consenl Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
RECOMMENDATION:
Requested City Commission Date Final Fonn Must be Turned
Meetinp'Dates in to Citv Clerk's Office
June 6, 2006 May 15,2006 (Noon)
June 20, 2006 June 5, 2006 (Noon)
rnj
July 5. 2006 June 19.2006 (Noon) ,. ~~ "J-t
'-" . .:~-<
::-.... <0
July 18.2006 July 3. 2006 (Noon) ;--3 ;-) ,
n0 -:--,
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0 Development Plans -,~ ...
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0 New Business (.,) I
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0 Legal o=- --.:("il
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0 c.:; , '1"
Unfinished Business :-...:
0 Presentation
Approve and execute by resolution, a Right-of-Entry agreement with South Florida Water
Management District (SFWMD) for the City's Floridan Aquifer Monitoring wells.
EXPLANA nON:
On April 5, 2006, the City Commission approved the construction of two (2) dual-zone monitoring
wells, Bid #016-2821-05/JA for the purpose of collecting water quality data for possible future
water sources. It was determined that the city would only drill the two (2) wells and install a well-
head at each location, deleting installation of equipment for data collection that would have been
performed by the city. The Right-of-Entry agreement will allow the SFWMD to install and
maintain the additional equipment necessary for monitoring purposes. The two (2) locations are
owned by the city as described:
Site No.1 - 3111 South Congress Avenue, Boynton Beach
GISmo map attached
Site No.2 - NW 22ND Avenue (PCN 08-43-45-17-09-000-0921), Boynton Beach
GISmo map attached
S,\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
..
: "C{(
". y
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
The activities conducted by the SFWMD will focus exclusively on obtaining water level and water
quality data, enhancing its Floridan Aquifer System (F AS) monitor well network throughout
south Florida. The information obtained will be used to prepare a regional aquifer model and
evaluate the use of the FAS as a water supply source, reinforcing SFWMD's recommendation to
quantify the Floridan Aquifer as an alternative water supply source. All data gathered by
SFWMD will be shared with the City of Boynton Beach either directly or indirectly as requested
by the City of Boynton Beach.
FISCAL IMPACT:
The SFWMD will incur all costs associated with installation, maintenance and collection activities,
and without limitation, any future well-head modifications and any associated minor permit
modifications fees. This agreement may be extended for up to five (5) successive renewal terms of
five (five) years each upon mutual consent by both parties at no cost to the city.
ALTERNATIVES:
The SFWMD will collect and provide valuable data throughout south Florida. This data will aid
the district in identifying appropriate Consumptive Use Permitting rulemaking criteria. It would
be in the best interest of the City, State and our local environment to approve this Right-of-Entry
agreement.
\
,.-- -=--:-;>0
rvvVv-. -
oateng, Utilities Director
~M~_
Utilities
Department Name
City Attorney / Finance I Human Resources
Attachments:
One original Right-of-Entry Agreements
Two (2) GISmo site location maps (1 of each site)
^ 2": Kofi Boateng, Utilities Director
\7 ~~te Mazzella, Deputy Utilities Director
PMT File
,~aul Fleming, Sr. Project Manager
Barb Conboy, Administration Manager
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC