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R24-061 1 RESOLUTION NO. R24-061 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN 4 EASEMENT AGREEMENT BETWEEN SEVENTY-EIGHT HUNDRED CORAL 5 LIMITED PARTNERSHIP (THE "GRANTOR") AND THE CITY OF BOYNTON 6 BEACH (THE "GRANTEE") FOR THE CONSTRUCTION, OPERATIONAL 7 REPAIR, MAINTENANCE, AND FUTURE REPLACEMENT OF A SANITARY 8 SEWER LIFT STATION; AND PROVIDING AN EFFECTIVE DATE; AND FOR 9 OTHER PURPOSES. 10 WHEREAS, the Town of Hypoluxo has secured grant funding to eliminate septic tanks 11 in two commercial areas: Hypoluxo Mall and Miner Road Business Park. The Town of 12 Hypoluxo signed an Interlocal Agreement with the City of Boynton Beach for the 13 implementation of the program; and 14 WHEREAS, this utility easement is for the installation of a lift station to serve Miner 15 Road Business Park as well as future operational repair, maintenance, and future replacement 16 of the sanitary sewer lift station; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve 19 and authorize the City Manager to sign an Easement Agreement between Seventy-Eight 20 Hundred Coral Limited Partnership (the "Grantor") and the City of Boynton Beach (the 21 "Grantee") for the construction, operational repair, maintenance, and future replacement of 22 a sanitary sewer lift station. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 SECTION 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does 28 hereby approve and authorize the City Manager to sign an Easement Agreement between 29 Seventy-Eight Hundred Coral Limited Partnership (the "Grantor") and the City of Boynton 30 Beach (the "Grantee") for the construction, operational repair, maintenance, and future 31 replacement of a sanitary sewer lift station, in form and substance similar to that attached as 32 "Exhibit A." 33 SECTION 3. Upon the City's execution of the Easement Agreement, the City Clerk 34 shall record it in the Public Records of Palm Beach County and provide a copy to Keith 35 Webber, Engineering Assistant Director. 36 SECTION 4. This Resolution shall take effect in accordance with law. 37 PASSED AND ADOPTED this 2nd day of April 2024. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor-Ty Penserga 43 44 c nrms6'. (Thomas Turkin 45 46 �s610"e-r—Angela Cruz l/ 47 48 nui /-Woodrow L. Hay t/ 49 50 tillOtaus_C-Aimee Kelley 51 52 VOTE 53 54 A ' 55 56 A 1 „ I , 411, 57 Maylee D: -sus, MPA, MC Ty Pensz- .r: 58 City Cler 59 =e0Th ro�,� pF � 60 14.....4°"°64;;•.;((%4% AP`ROVED AS TO FORM: 61 (Corporate Seal) ; v; SEAL = i 62 �1 192 • i INCORPORATED' i 63 :• .. , 20 ' 1 11A j,0V/r/o 64 11�`.�•FCORIDP••_ Shawna G. Lamb 65 City Attorney Prepared by and return to: Law Offices of Jonathan Bloom,P.A. 2295 NW Corporate Blvd. Suite 117 Boca Raton, FL 33431 561-864-0000 EASEMENT AGREEMENT THIS INDENTURE made this day of ' . A.D., 2024, by Seventy Eight Hundred Coral Limited Partnership, a FlNo limited partnership, having its principal place of business at 2610 North Federal Highway, Boynton Beach, FL 33455, ("First Party"), and the City of Boynton Beach, a Florida municipal corporation, ("Second Party"): (Wherever used herein,the terms, "First Party" and "Second Party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires) WITNESSETH WHEREAS, the First Party is the owner of property situate in Palm Beach County, Florida, and described as follows: See Exhibit "A"attached hereto and incorporated herein and WHEREAS,the Second Party desires an easement for the construction of a sanitary sewer lift station and other appropriate purposes incidental thereto ("Lift Station"), on, over and across a portion of said Property as described as follows: Sec Exhibit"B"attached hereto and incorporated herein(the "Easement Area") and WHEREAS,the First Party is willing to grant such an easement in accordance with terms and provisions of this Easement Agreement. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by First Party and Second Party,the parties agree as follows: • Page 1 of 8 1. Grant of Easement. a. First Party hereby grants and conveys unto Second Party,its successors and assigns, a perpetual, non-exclusive easement over,under and across the Easement Area for the purposes of allowing Second party to construct, lay, relocate, extend, operate, repair and maintain the Lift Station.Second party shall also have the right of ingress and egress over such portion of the Property as is reasonably necessary to access the Lift Station for the sole purposes described herein. b. In its use and enjoyment of the Easement Area and Lift Station, Second Party shall comply with all laws,rules,regulations or ordinances now or hereafter in force and effect and all terms and provisions set forth herein. 2. Reservation of Rights by First parte. a. First Party specifically reserves unto itself and its successors and assigns the following rights: i. the right to use the Easement Area at any and all times and for any and all purposes so long as the foregoing do not unreasonably interfere with the normal use of the Easement Area and Lift Station by Second Party as allowed hereunder; ii. the right and privilege at any time and from time to time to make grants, easements, licenses,and privileges to other persons or entities, over, under, upon and with respect to the Easement Area, for access or utility purposes or other purposes or uses so long as the foregoing will not unreasonably interfere with the right of Second Party to use the Easement Area and Lift Station for the purposes and in the manner herein described; and iii. the right, but not the obligation, to lay out and plat roadways, pedestrian walkways, or utility easements along, over, under and across the Easement Area, so long as the foregoing will not unreasonably interfere with the right of Second Party to use the Easement Area and Lift Station for the purposes and in the manner herein described. b. First Party may exercise any or all of the rights described in this Paragraph 2 without first obtaining the consent of Second Party or any other party. c. First Party shall be entitled to improve the Easement Area with parking, driveway and landscaping areas, but First Party may not construct buildings or other improvements upon the Easement Area. Page 2 of 8 3. Maintenance and Repair of Facilities. a. Second Party shall, at its sole expense, maintain,repair and replace the Lift Station as Second Party deems necessary or appropriate. b. Second Party shall exercise reasonable care when exercising its rights of access hereunder, and shall minimize, to the extent reasonably possible, its interference with First Party's use and enjoyment of the Property. If Second Party disturbs any paving, driveway or landscaping improvements during its exercise of rights hereunder, Second Party shall promptly restore such improvements to substantially the same condition as previously existed, at the sole expense of Second Party. 4. Modification or Termination. This Agreement may not be amended, modified or terminated except by way of a written agreement signed by First Party and Second Party and recorded among the Public Records of Palm Beach County, Florida. No breach of any provision of this Agreement shall entitle any current or future property owner to cancel, rescind, or otherwise terminate this Agreement, but such limitation shall not affect in any manner any other rights or remedies available to any party on account of any such breach. 5. Binding Effect; Successors and Assigns of Second party. a. The duties, obligations and liabilities imposed upon Second Party under this Agreement shall be binding upon Second Party's successors and assigns. b. Except as otherwise specifically herein provided, references herein to "Second Party" shall in all events mean and refer to Second Party and its successors and assigns. 6. Binding Effect Upon First party. a. The easement granted in this Agreement shall run with the land. The duties, obligations and liabilities imposed upon First Party and the rights, privileges and reservations herein reserved by or to First Party shall be binding upon and shall inure to the benefit of First Party and its successors and assigns in interest to the Easement Area. Notwithstanding anything herein to the contrary, upon sale or conveyance of fee simple title to the Easement Area by First Party or its successors in interest to the Easement Area, the transferee or purchaser of the Easement Area shall automatically be deemed to assume all obligations of First Party under the terms of this Agreement,and First Party (or the seller or transferor of the Easement Area, if other than First Party) shall not be liable for any costs,expenses, damages, causes of action, penalties, duties, obligations or liabilities to the extent that they accrue from and after the date of conveyance. b. Except as otherwise specifically herein provided, references herein to "First Party" shall in all events mean and refer to First Party and its successors and assigns in interest to the Easement Area. Page 3 of 8 7. Indemnification b‘ and Liability of Second party. Second Party shall indemnify,defend, and hold First Party harmless from and against any and all liability, claims, demands, damages, actions, causes of action, fines, fees, penalties, suits or proceedings of any kind or nature, including attorneys' fees (including attorneys' fees in appellate proceedings), for injury or death to person or damage to property arising out the failure of Second Party,its successors or assigns,to abide by the terms of this Agreement. If Second Party is required to indemnify First Party pursuant to this section, the limitations on tort liability under section 768.28, Florida Statutes, shall be the applicable limitations for Second Party's indemnification obligations under this Agreement, regardless of the nature or basis of the claim asserted. Nothing herein shall operate as a waiver of the Second Party's sovereign immunity protections or the limitations of liability set forth in Section 768.28, Florida Statutes, nor shall it create a cause of action in favor of any third party. 8. Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying exclusively in the state and federal courts of Palm Beach County. 9. Attorneys' Fees. If litigation is instituted by either party hereto against the other for purposes of seeking interpretation or enforcement of any provision of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys'/paralegals' fees at both the trial and appellate levels. [Remainder of page intentionally left blank] Page 4 of 8 IN WITNESS WHEREOF,First Party and Second Party have executed this Agreement as of the day and year first set forth above. Seventy Eight Hundred Coral Limited Partnership,a Florida Limited Partnership , Signature of Wiigless By: , Print Name:- C O( 44 l i ir Lc.h4 J. Name:Nicholas Lembo Adressof Witnesses: Title: GP 1±,3 �' Gr&.,,g! S{- _ Ap+ VP tJ Ylo*r • _P ),A, _ 1 Signature of Witness Print Name: p►-t/_LC..t, witiV Adress of Witnesses: 2 1--� _1)49 �.a Lv-L_ry C•- 5 7 N + -{- $14 L o o c 1 STATE OF I44Zu,Ye74 COUNTY OF t- yox K -- The foregoing instrument was acknowledged before me y means of,physical presence or ❑ online notarization, this %3'2'6 day of -1/1-NJrt02-7>, , 2024, by 11 i cit.(:)/ Via,;, �Za , the General Partner of Seventy Eight Hundred Coral Limited Partnership. He/She is personally known to me or who has produced La.'r'SON k-1!/ u3'') as identification and who did (did not)take an oath. 7' ' k4e (Notarial Seal) , Name: Title: Notary Public My Commission Expires: Notary Pulbl StateHof New York No. 24-02 CA4 705197 Qualified in Kings County Commission Expires March 30, 202.7 Page 5 of 8 City of Boynton Beach, a Florida municipal corporation By: ' =i, Si tune of Witness Name: , .1WI1 Print Title: _— Name: 14e.1,,,11 °1rn'c' I • Signature of Witness ...---i'.. , T04/‘`� Print I�Y+•.M�/ev .•n-7^\CV�`� %��0••GORPOR47(%. 14 Name• ►•�� //..•,�w, -.. •c) SEAL =s 1 :INCORPORATED, i ti % 1920 STATE OF �I x'& - ��` •••ORION _ `��FCORIDP _-' COUNTY OF-a,,r,� e_ " _- The foregoing instrument was acknowledged before me by means of Cphysical presence or 0 online notarization, this day of _ r 1 I , 202i, by n-.�A �X` 2 , the ( Mr r' o City of Boynton Beach, on behalf of the co y. He/She is pe ally �cna to gee or who has produced as identification and who did(did not)take an oath. (Notarial Seal) O, .„'� C• I• 4110 OMMISSION = Nam-. t Q� I ' e. WI 2.2.2025 Tis. tle: . Pu• EXPIRES ' = My Co i . •Sion Expires: =,�o sT Qo�:com° qT F\-O Approved as to form by Office of the City Attorney By: hGdna A 446 Shawna G.Lamb, City Attorney Page 6 of 8 EXHIBIT "A" PROPERTY Lots 205 through 210,inclusive,Tropical Terrace,according to the Plat thereof,as recorded in Plat Book 22, Page 58, Public Records of Palm Beach County, Florida Parcel Identification Numbers: 26-43-45-10-07-000-2050 26-43-45-10-07-000-2070 Page 7 of 8 EXHIBIT "B" EASEMENT AREA Page 8 of 8 SKETCH OF DESCRIPTION -\ THIS IS NOT A SURVEY NOT VAUD WITHOUT ACCOMPANYING SHEET 2 HYPOLUXO RD NOTES: in o 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY & i & ENGENUITY GROUP, INC. t 2. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR I o CLIENT'S REPRESENTATIVE. i SI 3. THIS SKETCH IS NOT VAUD WITHOUT THE ORIGINAL SIGNATURE AND = a RAISED SEAL, OR DIGITAL SIGNATURE, OF A FLORIDA LICENSED SURVEYOR AND MAPPER. MINER RD 4. BEARINGS SHOWN HEREON ARE BASED ON A GRID BEARING OF S89'25'04"E, ALONG THE SOUTHERLY UNE OF LOT 205, PLAT OF TOWN OF HYPOLUXO, FLORIDA TROPICAL TERRACE AS RECORDED IN PLAT BOOK 22, PAGE 58 OF THEJ PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND ALL OTHER LOCATION MAP BEARINGS ARE RELATIVE THERETO. N.T.S. 5. DISTANCES SHOWN HEREON ARE GROUND DISTANCES EXPRESSED IN U.S. FEET AND DECIMAL PARTS THEREOF. LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF LOT 205, ACCORDING TO THE PLAT OF TROPICAL TERRACE AS RECORDED IN PLAT BOOK 22, PAGE 58 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 205; THENCE ALONG THE SOUTHERLY UNE OF SAID LOT 205, S89'25'041 A DISTANCE OF 30.90 FEET; THENCE LEAVING SAID SOUTHERLY UNE, NO0'34'56"E A DISTANCE OF 30.00 FEET; THENCE, ALONG A LINE PARALLEL WITH SAID SOUTHERLY LOT UNE, N8925'04"W A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF CORAL STREET (40' WIDE RIGHT—OF—WAY) AS RECORDED ON SAID PLAT; THENCE ALONG SAID EASTERLY RIGHT—OF—WAY LINE, S0217'35-W A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING CONTAINING 913 SQUARE FEET MORE OR LESS. Andre Digitally signed by Andre Rayman Date:2023.10.27 Rayman 09:05:13-04'00' C. ANDRE RAYMAN, P.S.M. PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA LICENSE NO.4938 STATE OF FLORIDA LBfl6603 'FOR: LIFT STATION SITE— SOUTH PHASE , TOWN OF HYPOLUXOI FLORIDA , SCALE. N/A j-� A Higher Standard of Excellence i 'FIELD HOOK PI SHEET: 1 DRAVN BYl `OJ � enu / CAR 2 CHECKED BY: j HICINEEAe•S1R1YEY01L5.6IS PAAPPiRS group Inc. ROB ND. DATE' 10-27-2023 1780 CMFAESS A1EMJE, SUITE 101.MES:PALM BEACH,FLORDA 33109 FLORIDA RL.S. 1 23051.01 J PH 1581)655-1151•FAX(SEI)837-9390•11Mw.ENGENURYGROUP.00f1 ‘>M I f Y:\Land Projects R2\23051.01 Torn of Hypotuxo Septic to Strew\dwg\23031_01 lift station ■outh.dwg 10/27/2023 8:04:50 AM EDT SKETCH OF DESCRIPTION _ — THIS IS NOT A SURVEY NOT VAUD WITHOUT ACCOMPANYING SHEET 1