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R23-145 1 RESOLUTION NO. R23-145 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE PROPOSED 4 EASEMENT AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH (GRANTOR) AND SOUTH FLORIDA PBS, INC. 6 (GRANTEE) TO PLANT AND MAINTAIN A VISUAL BUFFER PROVIDED 7 WITHIN AN APPROVED LANDSCAPING PLAN WITHIN THE ADJACENT 8 CITY OWNED PROPERTY;AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, on July 1, 2022, South Florida PBS, Inc. received approval of a Minor Site 11 Plan Modification for a new 7,161 square-foot addition to the existing WXEL broadcast studio 12 buildinglocated at 3401 South Congress Avenue with associated site improvements, 9 P 13 including additional parking; and 14 WHEREAS,the approval proposed locating the required five (5)-foot landscape buffer 15 within an easement located on City-owned property west of 3401 South Congress Avenue, 16 and was conditioned to obtain an easement agreement on the City-owned property for the 17 provision of the landscape buffer; and 18 WHEREAS, the agreement will allow for the installation and regular maintenance of 19 the landscape buffer located within the proposed Maintenance Easement Area; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve 22 and authorize the Mayor to sign the proposed Easement and Maintenance Agreement 23 between the City of Boynton Beach (Grantor) and South Florida PBS, Inc. (Grantee) to plant 24 and maintain a visual buffer provided within an approved landscaping plan within the 25 adjacent City owned property. 26 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above is true and correct and 29 incorporated herein by this reference. S:\CA\RESOWgreements\Easement And Maintenance Agreement With South Florida PBS-Reso.Docx 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 approve and authorize the Mayor to sign the proposed Easement and Maintenance 32 Agreement between the City of Boynton Beach(Grantor)and South Florida PBS,Inc.(Grantee) 33 to plant and maintain a visual buffer provided within an approved landscaping plan within 34 the adjacent City owned property. A copy of the Easement and Maintenance Agreement is 35 attached hereto and incorporated herein by reference as Exhibit "A". 36 Section 3. That this Resolution shall become effective immediately upon 37 passage. 38 PASSED AND ADOPTED this 17th day of October, 2023. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 43 Mayor—Ty Penserga 44 45 Vice Mayor—Thomas Turkin 46 ✓/ 47 Commissioner—Angela Cruz 48 49 Commissioner—Woodrow L. Hay 50 51 Commissioner—Aimee Kelley ✓ 52 53 VOTE 54 55 AT .ST: 56 57 u 1 111. 11 -- 58 Mayl:e ►�- Jesus, MPA, MMC 0yNTp/jj`IN Ty P- ��•� 59 City Cl= �; k RpORgTF. F.y� Mayor O .es z.' ice • 61 i c� SEAL : ,$i PPROVED AS TO FORM: 62 (Corporate Seal) iNCORPORA� ; i 1920./ • / 63 �� • • •64 t.., •FLOROT- 1 65 David N.Tolces 66 Interim City Attorney S:\CA\RESOWgreements\Easement And Maintenance Agreement With South Florida PBS-Reso.Docx This instrument prepared by: David N.Tolces,Interim City Attorney Weiss Serota Helfman Cole+Bierman,P.L. 2255 Glades Road,Suite 200E Boca Raton,FL 33431 ACCESS EASEMENT AND MAINTENANCE AGREEMENT THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT (the "Agreement")made this I7ay o)C q);)Qr 2023,by and between CITY OF BOYNTON BEACH,FLORIDA,a Florida municipal corporation("GRANTOR")whose address is PO Box 310,Boynton Beach,Florida 33425, and SOUTH FLORIDA PBS, INC., a Florida not-for-profit corporation("GRANTEE"),whose address is 3401 S.Congress Avenue, Boynton Beach, Florida 33426. WITNESETH: 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 plant and maintain the visual buffer provided by landscaping plan attached as Exhibit "B" on the City Property (the "Landscaping") on the property legally described in Exhibit"C" (the"Easement Parcel"); and WHEREAS,the GRANTOR has requested that the Easement Pracel be relocated fifteen (15) feet west of and parallel to the where the Landscaping is located on Exhibit "B" to avoid conflict with an existing City utility; and WHEREAS, the Landscaping shall be planted, 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. 1 2. The GRANTOR hereby grants and conveys to the GRANTEE an easement for the purpose of maintaining the 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 in the event of total or partial destruction or degradation of the 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 establishment and 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 establishment and 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 Landscaping in 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 leased 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 2 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. 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] 3 Signed and Sealed the day and year first above written. WITNESSES: GRANTEE: South Florida PBS,Inc., a Florida not-for- profit corporation. By: By:Dolores Fernandez Alonso Title: President& CEO Print Name: By: Print Name: STATE OF FLORIDA ) )ss COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of❑x physical presence or❑ online notarization, this (date)by Dolores Sukhdeo (name of officer or agent, title of officer or agent), as CEO of SOUTH FLORIDA PBS, INC., a Florida not-for-profit corporation, on behalf of the corporation. She is ❑x personally known to me or 0 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) 4 • GRANTOR: CITY OF BOYNTON BEACH, a Florida municipal corporation `10 ' ,� PENSERGA Signed, sealed and delivered i in the presence of: VCS tAlTha (Witne s signature) ‘111',V,W era, floANrnsz (Print-flame of Witness) Og0ritluuno . YNT0/1;`� • : i INCORPORATED (Witness signature) i v: SEAL •" / v1 : l�lE ! i.ei��� • . (Print name of Witness) f�l� •• 1920 • ; ` �t LORIDP APPROVED AS TO FORM: `���-•— CITY ATTORNEY'S OFFICE STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY cERTIFY, that on WCOber n,a(9. before me by means of online notarization, or ,/ physical presence, an officer 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) eithe ) produced the following as identification , or( are personally known to me. WITNESS my hand and official s-.1 in the County and State as listed above,this/7411day of • ape{- ,2 t 3. 1,, 411161i1NH � \Py\•�•pON Us// �i/ No ary ' �, _ .o�JrRv2`2 F'• % Ski.— A... � 2ss • Print a e of Notary Public •• = My Commission Expires: 467 y • }Pu61ic.. .•..4 [Seal] ''Ustic,st,``��`\ 5 la��u EXHIBIT A CITYiv, PROPERTY N '- 1, ;) 'r cif----, e r t-i i i. 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DayramBeahFL33426 NV'Id adV3SGNV1 H°LIHIHXH EXHIBIT C EASEMENT PARCEL SKETCH OF DESCRIPTION EXHIBIT "A" SHEET 1 OF 2 DESCRIPTION: THAT PART OF SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE WITH.A BEARING OF SOUTH, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 1783.92 FEET TO A POINT; THENCE WITH A BEARING OF WEST, A DISTANCE OF 53.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE, THENCE NORTH 85°30'30" WEST, A DISTANCE OF 371.14 FEET MORE OR LESS TO A POINT ON A LINE 370.0 FEET WEST OF AND PARALLEL TO THE SAID WEST RIGHT OF WAY OF CONGRESS AVENUE. THENCE WEST, A DISTANCE OF 15.00 FEET TO A POINT ON A LINE 385.0 FEET WEST OF AND PARALLEL TO THE WEST RIGHT OF WAY LINE OF SAID CONGRESS AVENUE; THENCE SOUTH, ALONG SAID PARALLEL LINE, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH A DISTANCE OF 286.00 FEET; THENCE WEST, A DISTANCE OF 5.00 FEET TO A POINT ON A LINE 390.0 FEET WEST OF AND PARALLEL TO THE WEST RIGHT OF WAY LINE OF SAID CONGRESS AVENUE THENCE NORTH A DISTANCE OF 286.00 FEET; THENCE EAST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. t1 Digitally signed by Paul D.Engle Pau D. Engle cafe:2023.10.050829:53-0-000 PAUL D. ENGLE SURVEYOR&MAPPER NO. 5708 DATE: OCTOBER 05, 2023 ENGLE LAND SURVEYING LLC. CERTIFICATE OF AUTHORIZATION,fLB8447 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL.D. ENGLE 955 N.W. 17TH AVENUE, SUITE K-1 DELR3445 ORDER NO. 21-10"LANDSCAPE EASEMENT" (661)2 BEACH FLORIDA 3-32 (561)276-4501 (561) 732-3279 8 EXHIBIT C EASEMENT PARCEL SKETCH OF DESCRIPTION EXHIBIT "A" SHEET 2 OF 2 CITY or NE CORNER SECTION 16,-----V rs TOWNSHIP 46 SOUTH, 1 BOYNTON BEACH RANGE 4.3 EAST AND NIZ WEST POINT OF COWENCEME7VT t.r) 001C3 1 371.29' SLA'VEY Nu) b3 -41 o'---------'----2711-161--'•-- ---- ,EED, WEST 36426 1-8 L6(i N85°.30'30V. 81Lcs 1-.- 1 6k, 1 5.00-A EiL L_____ co EAST k t..._ - 390.0' 2 385.0' (e? I C..) ..c LOS1 IT. 370.0' 1 z ' 1 El_ 0 14.3 z •-• 10 C)Cr)t. Leal b Z.* I Z < (f) L" i-• Z -2I llo cc :.--, ,c ILI .6 i—ok I .,--- "1 r a_ -.1 to z R ._, ..`:21-- Kt 41 I - CO(j) 2 1r L--.1 (nu) w m- 1 RI , k N- 1 Et14-1 () 0)(3 (.. ec 1 WEST-\ 1 Vk I) Ems=uFr 1 I i 5447.773,1 Asp 1 I 380.00' EAST Z 1 1--- .36.3.00' i *----. 370.00' WEST 1 CO IN 6ao' I oi u-clo 1.?.. CN ENGLE LAND SURVEYING LLC N 8 CERTIFICATE OF AUTHORIZA7701V fL88447 .380.00' SURVEYOR AW MAPPER IN RESPONSIBLE PAUL D ENGLE WEST 955 NW. 17TH AVENUE, SUITE K-1 DELR4Y BEACH FLORIDA 33445 ORDER NO. 21-101ANDSCAPE EASEMENT" (56V 276-4501 (561) 732-3279 9 • --,k - _ pon C) ©© a' e 1 } e eo 73 .Agree en .,,: o Q p c , a I 191.' ea , , { , 1 F s ... p! 1111. 1• Vc V� � R ws ;y11 1 • N ' ' •-•• • , 40' AA.41""-,-•:,1 ; a ��/�'�IIMc1 .�f' ' .CITY IE PROPERTY PE RTY 1 1=' - . iz• m , - ...'i . 4 . It k . -- . . .., ti SW A i1. i _ 35th s. � $ 4 - Y_ r Ave „ - \' li ,•• s. 410 4? f ,-,;nr47:,-:0,-113/4, ,t4,._ 4 6i - 1 P 4*, { 6 { �y I I •.E", . I ,,,. • S lb :ri ,\ n 1 1 ® F 3 gib.. 'd & . 440. , ,�y, —.\\ 1 �C THE CITY OF BOYNTON BEACH 100 East Ocean Avenue Boynton Beach,Florida 33435 HOLD HARMLESS AGREEMENT I/WE, _ am/are the property owner(s) of the real property located at, Boynton Beach,Palm Beach County,Florida,having the following legal description: Property Control Number: As the Property Owner(s), agree(s) to protect, defend, indemnify and hold the City of Boynton Beach, its officials, employees and agents, or successors thereof, harmless from and against any and all lawsuits, penalties, damages, settlements, judgments, decrees, legal costs, charges, removal, excavation, and replacement costs, any damages associated with removal and/or excavation, and other expenses or liabilities of every kind in connection with or arising from the installation of the landscaping located in the City's property of any kind whatsoever. Property owner(s) agree(s) and acknowledge(s) that should the City of Boynton Beach, or its successor have to remove the landscaping in order to conduct necessary maintenance, repair, or installation of sidewalks, drainage, or utilities within the City's property, the restoration costs associated therewith shall be the sole responsibility of Property Owner(s). M- 1 IN WITNESS WHEREOF, I/WE have hereunto set my/our hand and seal this day of Signed, sealed and delivered in the presence of: x Printed Name x Printed Name STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day,before me, an officer duly authorized to administer oaths and take acknowledgments,personally appeared as of , known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that he/she/they executed same, is/are personally known to me and an oath was not taken. WITNESS my hand and official seal in the County and State last aforesaid this day of NOTARY PUBLIC Printed Name My Commission Expires: M-2