R05-196
1 RESOLUTION NO. R 05-I{f/P
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING AND DIRECTING EXECUTION OF
6 THE RECLAIMED WATER FLOW EASEMENT
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND THE SOUTH CENTRAL REGIONAL
9 WASTEWATER TREATMENT AND DISPOSAL
10 BOARD (SCRWTD BOARD); AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the SCRWTD Board previously conveyed to the City ownership of the
14 reclaimed water lines that run from the Board's facilities to various communities within
15 Boynton Beach; and
16 WHEREAS, the SCRWTD Board and the City desire to ensure the continued flow
17 of reclaimed water through the City owned reclaimed water lines in order to allow the Board
18 to meet its contractual obligations with the Contract Communities; and
19 WHEREAS, the SCRWTD Board and the City find that entering into this Easement
20 IS in the best interest of the health, safety, and welfare of the residents, citizens and
21 businesses of the City of Boynton Beach.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section I.
Each Whereas clause set forth above IS true and correct and
25 incorporated herein by this reference.
26
Section 2.
The Mayor is hereby authorized to execute the Reclaimed Water Flow
27 Easement Agreement between the City of Boynton Beach and the South Central Regional
28 Wastewater Treatment and Disposal Board (SCRWTD Board) to ensure the continued flow
29 of reclaimed water through the City owned reclaimed water lines in order to allow the Board
S:\CA\RESOlAgreements\lnterlocals\Reciaimed Water Flow Easement Agmt- SCRWTDB.doc
to meet its contractual obligations with the Contract Communities, which Agreement is
2 attached hereto and made a part hereof.
3
Section 3.
The City Commission does ratify the action taken by the South
4 Central Regional Wastewater Treatment & Disposal Board on November 17, 2005 as to this
5 Agreement.
6
Section 4.
That this Resolution shall become effective immediately upon
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passage.
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PASSED AND ADOPTED this to day of December, 2005.
CITY OF BOYNTON BEACH, FLORIDA
--V~or . ~
~ (-~jv-J
.,(fZ;jis>'[!L~
~3J
Commissioner .
ATTEST:
(Corporate Seal)
S:\CA\RESOlAgreements\lnterlocals\Reclaimed Water Fiow Easement Agmt . SCRWTDB.doc
Ros-Igb
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF NOVEMBER 17, 2005
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on November 17, 2005, by a vote of 7-0, to authorize Chairman to sign the Reclaimed
Water Flow Easement Agreement with Boynton Beach.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
~ day of _~e..M be.....- , ~(){)5 , by a 5"-0 vote.
CITY OF BOYNTON BEACH
By:
Attest:
Approved as to form:
i Attorney
R05"-IQb
RECLAIMED WATER FLOW EASE1\1ENT AGREEl\1ENT
THIS RECLAllvIED WATER FLOW ?ASE1\.1ENT AGREEMENT ("Agreement"), dated
this day of , 2005, by and between the SOUTII CENTRAL REGIOINAL
WASTERW.A~1ER TREATMENT AND DISPOSAL BOARD whose address is 1801 North
Congress Avenue, Delray Beach Florida 33445 (hereinafter referred. to as "Board") and the CITY
OF BOYNTON BEACH, FLORIDA, a .Florida municipal corporation, whose address is ] 00 East
Boynton Beach Boulevard, Boynton Beach, Florida 33425 (hereinafter referred to as "City").
WITNESSETH:
'WHEREAS, the Board previously conveyed to the City ownership of the reclaimed water
lines that run from the Board's facilities to various communities within Boynton Beach; and
WHEREAS, the Board current has contracts with the various communities ("Contract
Communities") that obligates the Board to provide reclaimed water for the benefit of the Contract
Communities; and
WHEREAS, the Board and the City desire to ensure the continued flow of reclaimed water
through the City owned reclaimed water lines in order to allow the Board to meet its contractual
obligations witb. the Contract Communities; and
WHEREAS, the City is willing to ensure the continued flow of reclaimed water to the
Contract Communities by granting a flowage easement to the Board in order to serve the Contract
Communities that are presently receiving reclaimed water from the Board as of the date of this
Easement; and
'WHEREAS, the Board and the City find that the entering into this Easement is in the best
interest of the health, safety, and welfare of the residents, citizens, and businesses of the City.
NOW, THEREFORE, in consideration ofllie mutual promises set forth herein and the sum
of Ten and nollOO ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, it is agreed by and between the City
and Owner as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
2.0 Easement. City agrees, grants and conveys to the .Board an easement for the
purpose of allowing reclaimed water to flow through the City's reclaimed water system as depicted
on Mock Roos' drawing of the N.W. Reuse System, G3 Key Map, dated December, 1998 and
attached hereto as Exhibit "A". The capacity of reclaimed water to be allowed to flowtbrough the
City's reclaimed water lines pursuant to this easement shall be that amount. of reclaimed water
necessary for the Board to serve the contracts with the following Contract Communities: Hunter's
Run, Country Club of Florida, Delray Dunes Golf and Country Club, Quail Ridge Country Club,
and Pine Tree Golf Club, subject to the capacity restrictions as provided in the respective contracts
between the Board and the Contract Communities which are incorporated herein by reference.
3.0 Duration. This Agreement shall be perpetual in duration and may only be altered or
canceled by written instrument executed by the City and the Board.
4.0 Notice. Any notice provided for concerning this Agreement shall be in writing and
shall be deemed sufficiently given when sent by certified or registered mail and sent to the
respective address of each party as set forth at the beginning of this Agreement.
5.0 Governing Law. It is agreed that this Agreement shall be governed by, construed,
and enforced in accordance with the laws of the State of Florida.
6.0 Entire Agreement. This Agreement shall constitute the entire agreement between
the parties and any prior understanding or representation of any kind preceding. the date of this
Agreement shall not be binding upon either party except to the extent incorporated in this
Agreement.
7.0 Modification and Amendment. Any modification of this Agreement OJ additional
obligation assumed by either party in connection with this Agreement shall be binding only if
evidenced in writing, signed by each party or an authorized representative of each party.
8.0 Authorized signatories. All signatories hereto represent that they are dilly
authorized to execute this Agreement on behalf of the party for which they have executed this
document.
9.0 Recordation. Upon execution of this Agreement, the Agreement shall be recorded
in the public records of Palm Beach County, Florida, and the covenants contained herein shall run
with the land, binding upon and inuring to the benefit of City and the Board, as the case may be, and
their respective successors, and assigns, including, without limitation, all subsequent owners of the
Easemep.t, the Property, and all persons claiming by, through and under them.
IN V,'I1NESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year first above written.
Signed, Sealed and delivered
in the presence of:
SOUTII CENJRAL REGIONAL
WASTEWATER TREATMENT AND
DISPOSAL BOARD
By: ~ t"_ ~?rv--
Chairman .
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ATTESTED BY:
Secretary
APPROVED AS TO FORM:
~f1-~
Board Attorney
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and
m the County aforesaid to take aclmowledgments, personally appeared
, the Chairman and Secretary respectively of the Board named in the foregoing
agreement and that they severally aclmowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in them by said Board and that the Board seal
affixed thereto is the true corporate seal of said the Board.
WI1NESS my hand and official seal in the County and State last aforesaid ~s _ day of
,2005.
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
(Notary Seal)
CITY OF BOYNTON BEACH, FLORIDA
L~
tpo7 0/
~'!n. ~;fv
Ci Clerk
~=~
~s&t_ Attorney
F:\docs\Reclaim\SCRWTDB How Easement J ] J 005 VER2.doc
..,
.)
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and
in the County .aforesaid to take acknowledgments, personally appeared JerrL/ ~t lor Ii
0.0 n e.t P n:U f'\; +0 , the Mayor and City Clerk respectively of the City named in th foregoing
agreement and that they severally aclmowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in them by said City~~ <1:batthe City seal
affixed thereto is the true corporate seal of said City. ... ~:"
WITNESS my hand and official seal in the County and State last aforesaid this !1-day of
])P f. eM he-I , 2005.
My Commission Expires: 9/I'l/Joo8>
:;0: PLrnUC .
r; e- ;t(.f}a:K5
Prillt or Type Name
(Notary Seal)
DNT:dnt
"'~":~'~" VAlORIE MOATS
.~"'..: ':it
f:: "Ji.'l ~~ MY COMMISSION # 00 346198
\i.~j EXPIRES: September 17,2008
'~~r.."~' Bonded Thru Notary Public Underwrllers
F:\docs\R.eclaimISCRVVTDB Flow Easement 111005 vP....R2.doc
4
EXHIBIT "A"
Legal Description
ATTACH GENERAL SKETCH AND
LEGAL DESCRIPTION FOR RECLAIMED WATER LINE LOCATIONS AS THEY EXIST ON
NOVEMBER 1,2005
F:\docs\Reclaim\SCRWTDB Fiow Ea..oement 111005 V-.clU.doc
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Prepared by & Return to:
DavidN. Tokes, Esq.
Goren, Cherof, Doody & Ezrol, PA
3099 E. ConnnerciaJ Blvd, #200
Ft Lauderdale, FL 33308
RECLAIMED WATER FWW EASEMENT AGREEMENT
THIS RECLAIMED WAlER FLOW EASEMENT AGREEMENT ("Agreement"), dated
this day of , 2005, by and between the sourn CENTRAL REGIOINAL
WASlERWATER TREATMENT AND DISPOSAL BOARD whose address is 1801 North
Congress Avenue, Delray Beach Florida 33445 (hereinafter referred to as "Board") and the CITY
OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, whose address is 100 East
Boynton Beach Boulevard, Boynton Beach, Florida 33425 (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, the Board previously conveyed to the City ownership of the reclaimed water
lines that run from the Board's facilities to various communities within Boynton Beach; and
WHEREAS, the Board current has contracts with the various communities ("Contract
Communities") that obligates the Board to provide reclaimed water for the benefit of the Contract
Communities; and
WHEREAS, the Board and the City desire to ensure the continued flow of reclaimed water
through the City owned reclaimed water lines in order to allow the Board to meet its contractual
obligations with the Contract Communities; and
WHEREAS, the City is willing to ensure the continued flow of reclaimed water to the
Contract Communities by granting a flowage easement to the Board in order to serve the Contract
Communities that are presently receiving reclaimed water from the Board as of the date of this
Easement; and
WHEREAS, the Board and the City find that the entering into this Easement is in the best
interest of the health, safety, and welfare of the residents, citizens, and businesses of the City.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and the sum
of Ten and no/IOO ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, it is agreed by and between the City
and Owner as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
2.0 Easement. City agrees, grants and conveys to the Board an easement for the
purpose of allowing reclaimed water to flow through the City's reclaimed water system as depicted
on Mock Roos' drawing of the N.W. Reuse System, G3 Key Map, dated December, 1998 and
attached hereto as Exhibit A. The capacity of reclaimed water to be allowed to flow through the
ATTESTED BY:
Secretary
APPROVED AS TO FORM:
Board Attorney
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
, the Chairman and Secretary respectively of
the Board named in the foregoing agreement and that they severally acknowledged executing the
same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested
in them by said Board and that the Board seal affixed thereto is the true corporate seal of said the
Board.
WTINESS my hand and official seal in the County and State last aforesaid this _ day of
,2005.
NOTARY PUBLIC
My Commission Expires:
Print or Type Name
(Notary Seal)
CITY OF BOYNTON BEACH, FLORIDA
f/~
~ YrJ. ~
C. y Clerk
(SEAL
Approved as to form:
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3
~~
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the Cou~aforesaid to take acknowledgments, personally appeared
Jerr~ lAtjol't f eT Pfd.in; +0 , the Mayor and City Clerk respectively of
the Cit nam m the foregomg agreement and that they severally acknowledged executmg the
same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested
in them by said City and that the City seal affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this --!1..-- day of
7J(J.~ e M he.., ,2005.
My Commission Expires: q //'7/ J.oog
NOTARY PUBLIC
_~L()r,eJ 1'1 Ollis
Print or Type Name
(Notary Seal)
DNT:dnt
VALORIE MOATS
MY COMMISSION' DO 346198
EXPIRES: September 17, 2008
IlIlIlded Thru Notaly N>Iic UnderwriIars
C:lDocuments and Settings\boatengk\Local Settings\Temporary Internet Files\OLK48\SCRWIDB Flow Easement 111005 VER2.doc
4
EXHIBIT "A"
Legal Description
ATTACH GENERAL SKETCH AND
LEGAL DESCRIPTION FOR RECLAIMED WATER LINE WCA nONS AS THEY
EXIST ON NOVEMBER 1, 2005
C:\Documents and Settings\boatengk\Local Settings\Temporary lnlemet Files\OLK48\SCRWIDB flow Easement 111005 VER2.doc
5
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City Clerk's Office
MEMORANDUM
TO:
Robert Hagel
Executive Director
FROM:
JANET P. PRAINITO, CITY CLERK
City of Boynton Beach
DATE:
December 13,2005
RE:
Ratifications- Resolutions # R05-196, R05-197 and R05-198
Attached please find two originals of each of the above mentioned ratifications that
were approved at the City Commission meeting held on December 6, 2005. Please
return a fully executed document to me for our records.
Please contact me if you have any questions.
Thank you.
tr 'tn. A~
Attachments:
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
BOARD
City Council Members of
Boynton Beach & Delroy Beach
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265.2357
www.scrwwtp.org
MEMORANDUM
0'
TO:
Janet Prainito
City of Boynton Beach
:'~',
I~; '''.
";'"-i~J
':=: ~~
FROM:
Robert J. Hagel
Executive Director
'\.. )
DATE:
November 22,2005
RE:
Ratifications
Attached are the Ratifications from the Quarter Annual Meeting of November 17,
2005, which require signatures. Would you, please, place these on the Agenda for
your next Commission meeting?
Thank you.
Authorization to enter into agreement with Florida Water Environmental Association
Utility council to allow NOAA to perform dye tracer study on the Gulfstream Reef in the
amount of $189,000.00. Cost to be split 50/50 from each City's Capital Fund.
Authorization for the Chairman to sign the Reclaimed Water Flow Easement
Agreement with Boynton Beach.
Authorization to approve modifications of Sixth Amendment to Interlocal Agreement.
Authorization to approve modification of Hazen and Sawyer task order 04-061 for
reclaim expansion in the amount of $97,760 increasing the total task order amount to
$537,760 to be split 50/50 from each City's capital fund.
Authorization to enter into contract with Interstate Engineering Corp. in the amount of
$1,489,000.00 to construct a 3 million gallon reuse water storage tank, associated
piping and pumps. Cost to be split 50/50 from each city's capital fund.
Janet Prainito
November 23,2005
Ratifications
Page Two
Authorization Chairman to enter into contract DG061158 with South Florida
Management District for reuse project in the amount of $1 ,493.590.00.
Authorization for the Chairman to accept Hazen and Sawyer's work order 06-001 to
provide consulting services in the amount of $26,908 for reclaimed water distribution
system hydraulic model.