R91-86RESOLUTION NO. Rgl-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A' FIRST AMENDMENT TO
ENCROACHMENT AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND THE LAKE WORTH
DRAINAGE DISTRICT; A COPY OF SAID
FIRST AMENDMENT TO AGREEMENT IS ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on October 10, 1990, the parties entered into
an agreement which provided the City a right-of-way within
the Lake Worth Drainage District L-20 Canal and E-3 Canal
easement area for the purpose of a Golf Course Path; and
WHEREAS, the parties desire to amend the Agreement to
provide that the City will perform a survey of the
encroachment area, should an incident relative to risk
management arise; and
WHEREAS, the City Commission at the recommendation of
staff, has deteTmined it to be in the best interests of the
citizens and r~sidents of the City of Boynton Beach, to
execute said First Amendment to Encroachment Agreement.
NOW, THE~ORE, BE IT RESOLVED BY T~ CITY COMMISSION
OF THE'CITY OF BOYN~ON BEACH, FLORIDA THAT.
Section 1. The City of Boynton Beach hereby
authorizes the Mayor and City Clerk to execute the First
Amendment to Encroachment Agreement between the City of
Boynton Beach and Lake Worth Drainage District, which
Amendment to Agreement is attached hereto as Exhibit "A".
Section 2. This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this ~! st day of May, 1991.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
ATTEST:
City Clerk
(Corporate Seal)
:ssioner
FIRST AMENDMENT TO ENCROACHMENT AGREEMENT
THIS IS A FIRST AMENDMENT
Amendment is dated the ~!
1991, among:
TO AGREEMENT, which First
day of /~ ,
CITY OF BOYNTON BEACH,
corporation of the State of
successors and assigns,
referred to as "CITY",
a municipal
Florida, its
hereinafter
and
L~_KE WORTH DRAINAGE DISTRICT, a special
taxing district in the State of Florida,
its successors and assigns, hereinafter
referred to as "DISTRICT", and
WHEREAS, DISTRICT controls the Lake Worth Drainage
District right-of-way involving Canal L-20 and E-3 which is
adjacent to the real property which is owned by CITY and
operated as a municipal golf course; and
WHEREAS, on October 10, 1990, the parties entered in an
Agreement which provided CITY a right-of-way within the Lake
Worth Drainage District L-20 Canal and E-3 Canal easement
area for the purpose of a Golf Course Path; and
WHEREAS, the parties desire to amend the Agreement to
provide that the CITY will perform a survey of the
encroachment area, should an incident relative to risk
management arise; and
WHEREAS, the par~ies wish to enter into this First
Amendment to Agreement which incorporates by this reference
all of the terms and conditions of the Agreement except as
expressly amended hereinafter:
NOW, THEREFORE, in consideration of the mutual
promises, covenants and agreements herein contained and
other good and valuable consideration, the receipt of which
is hereby acknowledged, it is agreed herein between the
parties hereto to amend the Agreement as follows:
1. The foregoing recitals are true and correct and
are herein incorporated by this reference and made a part of
this First Amendment to Agreement.
2. The parties to this Amendment to Agreement agree
that all of the terms and conditions of the Agreement dated
October 10, 1990, between the CITY and DISTRICT shall be
binding and remain in full force and effect except as
expressly amended hereinbelow.
3. That the parties desire to amend the Agreement by
creating a new paragraph No. 7 to provide as fol!ows~
The CITY agrees to perform surveys of the
golf cart encroachments described herein upon
receipt of a written notification and request
from DISTRICT that an incident relative to
risk management has occurred. The CITY
further agrees to be responsible for the
costs of such surveys.
IN WITNESS WHEREOF, the parties hereto have executed
this First Amendment to Agreemen~ on the. day and .year first
above written.
LAKE WORTH DRAINAGE DISTRICT
BY:
(SEAL)
ATTEST - Secretary
WITNESSES:
BY:
ATTEST
CITY OF BOYNTON BEACH
~ City Attorney
STATE OF FLORIDA
COUNTY oF PALM BEACH
~.EREBY CERTIFY that on this day, before me, an. _officer du.ly
~,,th~'~.E~s in the State and County aforesaid to take
..... (~/-WINTERS: President, and Secretary respectivelly, of the LAKE
WORTH DRAINAGE DISTRICT, a Special Taxing District, existing under
the laws of the State of Florida, and that they severally
acknowledged to be the persons who executed the foregoing
instrument for the purposes therein expressed,
WITNESS my hand and official seal this the day of
1991.
NOTARY PUBLIC - State ef F!o~=da
My Commission Expiree:
STATE OF FLORIDA :
COUNTY OF PALM BEACH :
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared ARLINE WEINER and SUZANNE M.
of the CITY OF BOYNTON BEACH and that
the
KRUSE, Mayor and City Clerk,
they severally acknowledged to be the persons who executed
foregoing instrument for the purposes therein expressed.
WITNESS my hand and official seas this the ~[ day
, 1991.
NOTARY PUBLIC - State of Florida
My Commission Expires:
~O?ARY PUBL~i ~?~ O~ ~LORID~
MY COMMISSION £XPIR~; APRIL ! 7, 1992.
of