76-IIIRESOLUTION NO. 76-III
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING EXECUTION OF AGREE-
MENT WITH JA1ViES E. WURTH PERMITTING TEM-
PORARY OPERATION AND MAINTENANCE OF B~IND-
POWERED ELECTRICAL GENERATORS LOCATED
ON LOT 21, LEE MANOR ISLES SUBDIVISION, AS
RECORDED IN PLAT BOOK 24, PAGE 211, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
WHEREAS, t;he City Council of the City of Boynton Beach, Florida,
has previously considered and approved the request of James E. Wurth to
permit for a one year period the continued operation and maintenance of two
(2) wind-powered electrical generators, each being fifty feet (50') in heighth
and located on property owned by Mr. Wurth described as:
Lot 21, LEE MANOR ISLES SUBDIVISION, according to the
plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Pa[rn Beach County, Florida, recorded in
Plat Book 24, Page 211.
WHEREAS, it is the opinion of the City Attorney that the City Council
is vested with sufficient legal authority to enable it to grant such a privilege
under the Ordinances of the City of Boynton Beach and Statutes of the State of
Florida; and
WHEREAS, both the applicant, James E. Wurth, and the City Council
are willing to enter inlo an Agreement detailing the terms and conditions pur-
suant to which the aforesaid windmill generators shall be temporarily permit-
ted to stand;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE C~ITY OF BOYNTON BEACH, FLORIDA:
Section 1: That the aforesaid Agreement between the City of Boy, on
Beach, Florida, and James E. Wurth, a copy of which is attached hereto and
made a part hereof, is her~.by approved, and the Mayor (or in his absence, the
Vice Mayor) and the City Clerk (or in her absence, the Deputy Clerk) are
authorized to act for the City of Boynton Beach in entering into and executing
said Agreement.
PASSED AND ADOPTED this_ /~, _
ATTEST:
day or October, A.D. 1976.
CITY OF BOYNTON BEACH, FLORIDA
Cily Clerk
2
AGREEMENT
THIS AGI~EEMENT, made and entered into this .j["~' .... day of October
1976, by and between the CITY OF BOYNTON BEACH, a municipal corpora-
tion, organized and existing under the laws of the State of Florida (herein-
after referred to as "CITY"), and JAMES Eo W~Ji~TH, of 640 Casti[la Lane,
Boynton Beach, Florida (hereinafter referred to as
WIT NE S SE TH:
WHEi~EAS, on August 24, 1976, WUi~TH made application to the City
Planning and Zoning Board pursuant to Section 4(F)(2) of the City's Zoning
l~egulations, to secure that Board's recommendation to allow subject wind-
mil1 generators to remain on the property as built, which recommendation
was denied; and
WHEi~EAS, each of the aforesaid windmill generators, being fifty
feet (50') in h~ighth, exceed the structural height limitations of forty-five
feet (45') established under Section 4(F)(1) of the City's Zoning l~egulations;
and
V~HEi~EAS, WUi~TH subsequently requested the City Council that he
be granted permission to operate and maintain subject windmill generators
for a period of one year to enable the continuance of an experimental project
with F[orida'l~ower and Light Company designed to secure data sufficient to
permit a determination of the feasibility of utilizing wind-powered electrical
generators as an energy-saving device; and
WHEREAS, on September 21, 1976, in accordance with the authority
granted to it under Section 4(F)(2) of the City Zoning l~tegulations, the City
Couneil granted WUi~TH the privilege of continuing the operation and main-
'tenance of subject-windmill generators for a period of one year subject to the
right of the City Council, exercisable at any fim~e subsequent to said one year
period, either to cancel or extend such privilege.
NOW, THEREFORE, in consideration of the covenants herein con-
tained and other good and valuable considerations, the parties agree as
follows:
1. Gran~.0f Privilege'/ Pursuant to ?he provisions of Section 4(F)(2),
Zoning Regu[ations~ Appendix A of the Codiff~d Ordinances of the City of
Boynton Beach, Florida, the City Council hereby grants to WURTH a condi-
tional privilege lo operate and maintain two (2) wind-powered electrical
generators being fifty feet (50') in heighth and located on the rea[ property
described as:
Lol 21, LEE--1VIANOR ISLES SUBDIVISION, according to the
plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in
Plat Book 24, Page 211.
2. Term of Privilege. Unless sooner terminated pursuant to the
conditions hereinafter set forth, the aforesaid privilege shah ex~end for a
period of one (1) year, commencing September 21, 1976, and ending Septembe
20, 1977.
3. Maintenance and Repair of Generators. WI~I1TH hereby agrees
~hat he shah be obligated, at all times during the term of this Agreement, to
maintain and repair, the-~above-~described~windmi[[~generators and their
necessary-mechanical appurtenances, in a safe condition and esthetica[[y
acceptable appearance so as not to generate a hazard to person or property or
consiitute a-nuisance or detract from the appearance or depreciate the value
of neighboring property.
4. Indea3anification. WURTIzI covenants and agrees to protect, _indem-
nify and save lhe CITY harmless from and against any and all loss, damage
or liability, incurred by reason or in consequence of any act or neglect of
WUR~FI-I, or any.of his agents, servants or employees done in connection with
the aforesaid windmill generators during the term of this Agreement. Fur-
ther, WURTH shah at all times during this Agreement or any extension or
renewal hereof,, carry comprehensive persona[ liability insurance_in amounts
not less than $25, 000.00 for each occurrence in case of bodily injury and not
less than $25, 000.00 for each occurrence in case of property damage, said
insurance coverage to be carried with a company authorized to lransac%
business in the State of Florida, with a copy of said policy being submitted to
the City 1V[anager of said CITY within ten days of the date of this Agreement.
5. Termination. At any time subsequent to September 20, 1977, the
privilege granted to WURTH under the terms of Paragraph No. 1 above shall
be subject to cancellation or extension in the discretion of the City Council.
Further, should the above-described windmill generators be destroyed or
substantially damaged-by fire or other casua-lty during the refresh-of this--Agree
ment, the CITY may elect to require WURTIt to dismantle said generators
and terminate this Agreement withoul further obligation on tis part. Finally,
should WURTI-I ~tefault in the performance of any of the covenants of this
Agreement, becorn'e-inso[ven~_or if bankruptcy.proceedings .shall be commencer
by or against him, or if he sells, conveys or otherwise transfers the subject
generators or the property upon which they are located, this Agreement and
the privilege hereinabove granted may be terminated at the option of the CITY
without notice, it being the CITY'S intent that the subject privilege granted is
persona[ to WURTI-I.
6. Miscellaneous.
A. This Agreement contains the entire agreement of the parties and
may be amended only by an agreement in writing signed by both parties.
B. No assignment of this Agreemenl by WUI~TIt shall be valid without
first se curing the written approval thereof from the CITY.
C. I3oth parties shall endeavor to cooperate with one another to fully
develop the aforementioned experimental project aimed at determining the
feasibility of using wind,powered electrical generators as a method of energy
cons ervation.
3
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
BY:
JOE DE LONG - Mayor
City Clerk
APPROVED AS TO FORM AND CONTENT:
City Attorney
Cily Manager
Witnesses:
JAMES E. WURTH
!
THIS IS TO CERTIFY that the company indicated by an "x" has issued the policy or policies described below. The insurance afforded is drily with respect
to the coverages ndicated by specific limits of liability and this certificate of insurance neither affirmatively nor negatively amends, extends nor alters the
coverag.e afforded by any policy described herein·
[] THE OHIO CASUALTY INSURANCE COMPANY
[] AMERICAN FIRE AND CASUALTY COMPANY
[] WEST AMERICAN INSURANCE COMPANY
CERTIFICATE ISSUED TO
NAMED INSURED ~nd ADDRESS NAME anti ADDRESS
Jsmes E. & Linda R. Wurth City of Boynton Beach
640 Castilla Lane Boynton Beach, Floiida
Boynton Beach, Florida 33435
i DESCRIPTION OF OPERATIONS LOCATION OF OPERATIONS
2)50' W~ud Generator Towers as
presently installed _ 640 Castilla Lane :
Boynton Beach~ Florida
KIND OF POLICY ' POLICY LIMITS OF LIABILITY
INSURANCE NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE
COMPREHENSIVE From $ ,000 Each occurrence $ ,000 Each occurrence
GENERAL To $ ,000 Aggregate $ ,000 Aggregate
LIABILITY
MANUFACTURERS' AND From $ ,000 Each occurrenc( $ ,000 Each occurrence
CONTRACTORS' LIABILITY To $ ,000 Aggregate
OWNERS', LANDLORDS' From $ ,000 Each occurrence $ ,000 Each occurrence
AND TENANTS' LIABILITY To $ ,000 Aggregate
CONTRACTUAL From $ ,000 Each occurrence $ ,000 Each occurrence
LIABILITY To $ ,000 Aggregate
COMPLETED OPERATIONS From $ ,000 Each occurrence $ ,000 Each occurrence
AND PRODUCTS LIABILITY To $ ,000 Aggregate $ ,000 Aggregate
OWNERS' OR CONTRACTORS' From $ ,000 Each occurrence $ ,000 Each occurrence
_PROTECTIVE LIABILITY To . $ ,000 Aggregate
COMPREHENSIVE From $ ,000 Each person $ ,000 Each occurrence
AUTOMOBILE To $ ,000 Each occurrence
LIABILITY
OTHER: Comprehensiw.~ .. From 6/7/75 ~
Personal_Liability 'WAH 6592417 To 6/7/78 $25,000 each $25,000 each
occ~x'ence- occurrence --
UMBP~ From
To $ ,000,000 Single Limit
MULTI-PERIL From
Eech occurrence
. To $ . ,000 lA~regate
WORKMEN'S From COMPENSATION-STATUTORY-STATE(S)
COMPENSATION To Employers' Liability -- $
In the event of cancellation of these policies written notice will be mailed to the party to whom this Certificate is issued but ~o responsibility is assumed
DATE: 9/24/76 D
Form L-604a Rev. ]-73