R22-091 1 RESOLUTION NO. R22-091
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
3 THE MAYOR TO SIGN AN ACCESS EASEMENT AND MAINTENANCE
4 AGREEMENT WITH PUBLIX SUPER MARKETS, INC. TO ALLOW FOR THE
5 PROVISION OF A LANDSCAPE BUFFER ON CITY PROPERTY LOCATED NORTH
6 OF AND ADJACENT TO 5500 PARK RIDGE BOULEVARD;AND PROVIDING AN
7 EFFECTIVE DATE.
8
9 WHEREAS, Publix Super Markets, Inc. has requested an Access Easement and
10 Maintenance Agreement to allow for the provision of a landscape buffer on a City owned parcel
11 dedicated as a drainage tract for Quantum Industrial Park; and
12 WHEREAS, the buffer will allow the Publix Distribution Center plan to meet landscape
13 buffer requirements as part of a Condition of Approval placed on the major site plan modification
14 (MSPM 22-003) approved on May 17, 2022; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff, deems it to be in the best interests of the City residents to approve and
17 authorize the Mayor to sign an Access Easement and Maintenance Agreement with Publix Super
18 Markets, Inc.to allow for the provision of a landscape buffer on City property located north of and
19 adjacent to 5500 Park Ridge Boulevard.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
21 BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. Each Whereas clause set forth above is true and correct and incorporated
23 herein by this reference.
24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
25 approve and authorize the Mayor to sign an Access Easement and Maintenance Agreement with
26 Publix Super Markets, Inc.to allow for the provision of a landscape buffer on City property located
27 north of and adjacent to 5500 Park Ridge Boulevard. A copy of the Easement Agreement is
28 attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Access Easement Agreement With Publix-Reso.Docx
29 Section 3. That this Resolution shall become effective immediately upon passage.
30 PASSED AND ADOPTED this 34h day of July, 2022.
31 CITY OF BOYNTON BEACH, FLORIDA
32
33 YES NO
34V
35 Mayor–Ty Penserga
36 V
37 Vice Mayor– Angela Cruz
38 7
39 Commissioner–Woodrow L. Hay
40
41 Commissioner–Thomas Turkin /
42 /
43 Commissioner–Aimee Kelley ✓✓✓
44
45 VOTE
46 ATTEST:
47 ,-
48
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50 Maylee %e esus, M Q)•QpRATE ••.•C'�1'
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54 (Corporate Seal) It '•........•' pQ'%
S:\CA\RESO\Agreements\Access Easement Agreement With Publix-Reso.Docx
This instrument prepared by:
Sean M. Swartz,Esquire
Goren,Cherof,Doody&Ezrol,P.A.
3099 E.Commercial Boulevard,Suite 200
Fort Lauderdale,FL 33308
ACCESS EASEMENT AND MAINTENANCE AGREEMENT
THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT (the
"Agreement")made this Villay of 1 , 2022, by and between CITY OF BOYNTON
BEACH,FLORIDA,a Florida municipal corp ation("GRANTOR")whose address is PO Box 310,
Boynton Beach, Florida 33425, and PUBLIX SUPER MARKETS, INC., a Florida corporation
("GRANTEE"),whose address is PO Box 407,Lakeland,Florida 33802.
WITNESSETH:
WHEREAS,the GRANTOR owns certain parcels of real property located in Palm Beach
County Florida, adjacent to the GRANTEE's real property, further described in Exhibit "A"
("City Property"); and
WHEREAS, the GRANTOR will grant a non-exclusive permanent easement to the
GRANTEE in order for the GRANTEE to maintain the visual buffer provided by existing
vegetation on the City Property (the "Landscaping") legally described in Exhibit "B" (the
"Easement Parcel"); and
WHEREAS, the Landscaping shall be repaired, replaced and maintained by GRANTEE,
pursuant to the terms and conditions contained herein; and,
WHEREAS,the GRANTEE will agree not to construct anything of a permanent nature or
make a material alteration within the Easement Parcel without GRANTOR's approval; and,
WHEREAS,the parties hereto have concluded that the most efficient manner in which to
achieve the purposes and goals set forth above would be through the granting of this easement to
the GRANTEE, together with the right of entry into the Easement Parcel for the maintenance of
the Landscaping, within the Easement Parcel.
NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten
and NO/100 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency,
and adequacy of which is hereby acknowledged,the parties hereto agree as follows:
1. The aforesaid recitals are true and correct and are incorporated herein.
2. The GRANTOR hereby grants and conveys to the GRANTEE an easement for the
purpose of maintaining the exiting visual buffer provided by the Landscaping within the Easement
Parcel. GRANTEE hereby agrees to maintain the Landscaping, as set forth herein. For purposes
of this Agreement,the term"maintenance"shall include,the maintenance,repair and replacement
of such parts and/or portions of said Landscaping as are deemed to be necessary by the GRANTOR
(00517455.1 306-9001821) I
in the event of total or partial destruction or degradation of the existing Landscaping.
Notwithstanding the foregoing, the GRANTEE shall not make any material alterations to the
Easement Parcel without first securing the requisite consent of the GRANTOR, which may be
withheld in GRANTOR's sole and absolute discretion.
3. This Agreement shall not be changed, altered or amended except by an instrument
in writing executed by GRANTOR and GRANTEE or their respective successors and assigns.
4. GRANTOR further agrees to sign any applications and documents reasonably
necessary for any permits which the GRANTEE may require to submit to any local,state,or federal
agency in association with the maintenance of the Landscaping. GRANTEE agrees to pay any and
all fees associated with obtaining any permits from any local, state, or federal agency for the
maintenance of the Landscaping.
5. GRANTEE shall ensure that all of the GRANTOR'S property disturbed and used
by GRANTEE pursuant to this Agreement is returned to its original condition by GRANTEE as
of the date GRANTEE commenced such use, at the GRANTEE's own cost. The GRANTEE shall
inform all parties performing work for it that such parties shall not have the right to file any liens
against the City Property, and, if any such liens occur,then the GRANTEE shall remove any such
liens, or the GRANTEE shall release or transfer to bond any such liens, within thirty(30) days of
notice thereof. The GRANTEE agrees to indemnify the GRANTOR for any liability that the
GRANTOR may have as a result of the GRANTEE's responsibilities under this Agreement arising
out of any grossly negligent acts,errors,omissions or willful misconduct of the GRANTEE and/or
the GRANTEE parties related to any work performed under this Agreement, including the duty to
maintain the Easement Parcel by the GRANTEE. The GRANTEE represents that at all relevant
times that the GRANTEE has adequate insurance and any contractor hired by the GRANTEE must
provide proof of such insurance,prior to the commencement of any work on the Easement Parcel;
provided that the foregoing insurance obligation of GRANTEE may be satisfied via self-insurance
for so long as the aggregate net worth of GRANTEE and its affiliated business organizations (as
determined in accordance with generally accepted accounting principles) is at least
$250,000,000.00.
6. 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 GRANTEE,as the case may be,and their respective heirs,successors
and assigns, including, without limitation, all subsequent owners and/or tenants of the City
Property and all subsequent owners and/or tenants of the portion of property presently owned by
GRANTEE which is adjacent and contiguous to the Easement Parcel, and all persons claiming by,
through and under them.
7. The terms of this Agreement may be enforced by GRANTOR by injunctive relief
and any other available remedies. By way of example, and not limitation, GRANTOR shall be
entitled to enjoin any activity or use of the City Property or the Easement Parcel that is inconsistent
with the rights granted to the GRANTEE pursuant hereto. In the event the GRANTEE fails to
maintain the Landscaping after reasonable written notice to GRANTEE, the GRANTOR may
choose to maintain the Landscaping and charge the GRANTEE for the work performed. Payments
for said work shall be made by GRANTEE to GRANTOR within thirty (30) days of receipt of
invoice.
{00517455.1306-9001821} 2
8. 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 in state court in Palm Beach County, Florida.
9. 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.
[SIGNATURES ON FOLLOWING PAGES]
;00517455.1306-9001821) 3
Signed and Sealed the day and year first above written.
WITNESSES: GRANTEE:
Publix Super Markets,Inc.,a Florida corp.
By:
By:Randolph Barber
Title:VP Industrial Maintenance&Ind Ops Purchasing
Print Name:
By:
Print Name:
STATE OF FLORIDA )
) ss
COUNTY OF POLK )
The foregoing instrument was acknowledged before me by means of physical presence
or❑ online notarization, this (date)by Randolph Barber (name of officer or
agent, title of officer or agent), as Vice President of Industrial Maintenance & Ind Ops Purchasing
of PUBLIX SUPER MARKETS, INC., a Florida corporation, on behalf of the corporation. He
is -, personally known to me or ❑ has produced
(type of identification) as identification.
My commission expires:
NOTARY PUBLIC, STATE OF FLORIDA
My commission number is:
Printed Name of Notary
(Notary Seal)
(005 17466.1 306-9001821) 4
GRANTOR: CITY OF BOYNTON BEACH, a
Florida municipal corporation
f /�/_
MAYOR/f NSERGA
Signed, sealed and delivered /
in the presence of:
(Witness si. 'ature)
Tammy L. Stanzione
(Print name of Witness)
d-CLOLV—"-Q.-
(Witness signature)
(Print name of Witness) /I
APPROVED AS TO 2 'M:
g
CITY ATTORNEY'S OF'CE
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY S,ERTIFY, that on � c1 dOtitA before me by means of online
notarization, or i/ physical presence, an offi r 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) eith ) produced the following as identification
, or( ) are personally known to me.
WITNESS my hand and official seal ', the County and - as listed above,this S14'day of
Jul , 202 . I. ,a,lu.illa, / .-
.0 ,�;.••t,E s , Notary .
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.Z40 ?° *Z Print 3'of Notary Public
* : qHN�96� . $:-.....--I My Commission Expires:
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14. ;.4.91 u:�' k' ' [Seal]
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{00517455.1306.9001821} 5
EXHIBIT "A"
CITY PROPERTY
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PCN#s: 08-43-45-16-30-013-0000, 08-43-45-16-30-001-0010
{00517455.1 306-9001821} 6
EXHIBIT "B"
SKETCH AND DESCRIPTION
LANDSCAPE EASEMENT
LEGAL DESCRIPTION OF A LANDSCAPE EASEMENT
THE FOLLOWING EASEMENT DESCRIBED IS AN AREA BEING THE SOUTH 30 FEET OF TRACT'A-1'AND TRACK"M'AS DESCRIBED IN
PLAT BOOK 57,PAGE 191,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT"A-1'AS SHOWN IN PLAT BOOK 57 PAGE 191,THENCE DEPARTING SAID POINT
OF BEGINNING ALONG THE NORTH WEST LIMITS OF TRACT"A-1",NORTH 47°14'59"EAST A DISTANCE OF 44.20 FEET;THENCE
DEPARTING SAID NORTH WEST LIMITS AND WITH A LINE THROUGH TRACT'A-1'AND TRACT"M',EAST A DISTANCE OF 761.94 FEET
TO THE EAST LIMITS OF TRACT"M";THENCE SOUTH A DISTANCE OF 30.00 FEET;TO A POINT ON THE SOUTH LIMITS OF TRACT'/1";
THENCE ALONG THE SOUTH LIMITS OF TRACT'M'AND TRACT"A",WEST A DISTANCE OF 1206.30 FEET TO THE POINT OF
BEGINNING. N
SAID EASEMENT CONTAINING AN AREA OF 23,345 SQUARE FEET OR 0.536 ACRES.
WpV�� v 2 1 0 50 2 0 W iik ::_a_ E
— 1'=200' a
S
IL\ ®�ArtK RIDGE BL
I
20T 60'
P.B. 5Z PG 191
BOYNTON CANAL
LOCATION MAP
SCALE:1'=2000'
1 7R467 A-2'
I
201 59'
\ P.B. 57, PG: 191 4yA>FR 1,144146EMENT
TRACT 3/' 201 66'
NORTH!{EST LIMPS
P.B. 57, PG 1.91
OF 1R4CT 74-1"
47"14'59"E � 1
58" \ 44.20' TRACT A-1' 30'LANDSCAPE 1,---EAST 1/AT/1S
201 58 NKr
5Z 189 EASEMENT ONKr 3/'
AC EAST 761.94' SOUTH 30.00'
-- -- WEST 1206.30'
P..0.8 SOUII/L/A//IS
SOUTH--HST CORNER SOUTH 1.1,41/TS
TRACT A-1' OF 1R4CT 74-1" OF TRACT A/"
P.B. 5Z PC. 191 20T 55'
P.B. 5Z PG /89
LEGEND
Sit SECTION MD NORTH AMERICAN DATUM
1Mp. TOWNSHIP N NORTH
RN& RANGE E EAST SURVEYOR'S CERTIFICATION
pp& POINT OF BEGINNING S SOUTH
pOG POINT OF COMMENCEMENT B' WEST I HEREBY CERTIFY THAT THIS"SKETCH AND DESCRIPTION"
pill PROFESSIONAL SURVEYOR RR PLAT BOOK WAS MADE UNDER MY RESPONSIBLE CHARGE ON JUNE 13,
AND MAPPER Pa PAGE 2022,AND MEETS THE APPLICABLE CODES AS SET FORTH IN
M7. NUMBER PID/ PARCEL IDENTIFICATION NUMBER FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION
() TOTAL 472.027,FLORIDA STATUTES
NOTES: poo....
1. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING ugma g e6M y4' 9I
OF DUE WEST FOR THE SOUTH LINE OF TRACT 'A-1' AS wyLoy,a,, i�"
DESCRIBED IN PLAT BOOK 57 PAGES 191-193'QUANTUM PARK AT .u66ot ° �`n"ioid
BOYNTON BEACH' 4,(07., v °'°0H1d`
ENSINEFAING FL (ATF oF
2. THIS SITE LIES IN SECTION 18,TOWNSHIP 29S SOUTH,RANGE 19 •°�,,1 LLLogsdon.IRpgpA ;r
EAST,CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. ...-...# NIe.."ys
Date.2022b6 13
_ JR.Oi26:16-04L0'
3. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR BILLY LOGSDON, 'NOT VALID WITHOUT THE
EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORDS. SIGNATURE AND THE ORIGINAL
P.S.M.NO.7295 RAISED SEAL OR DIGITAL
4. THIS IS NOT A 'BOUNDARY SURVEY' BUT ONLY A GRAPHIC JUNE 13,2022 SIGNATURE OF THE FLORIDA
DEPICTION OF THE DESCRIPTION SHOWN HEREON. LICENSED SURVEYOR AND MAPPER'
SCALE: DATE DRAWN PROJECT SEC.17 1900 NW CORPORATE BLVD.,SUITE 101E ilil
B 0 H L E R//
1'=200' 6/13/2022 GS FSB210066 TWP.45S BOCA RATON,FL 33431 561.571.0280
RNG.43E