R08-134
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RESOLUTION NO. R08-/3 f (I). .."
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, :~J :=
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4 I FLORIDA, APPROVING AND AUTHORIZING m t,.J.
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5 EXECUTION OF A PERPETUAL ACCESS EASEMENT o 0
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6 AND MAINTENANCE AGREEMENT BETWEEN THE - 0
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7 CITY OF BOYNTON BEACH AND STANDARD ,-- '~i
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PACIFIC OF SOUTH FLORIDA, IN SUPPORT OF THE ::u .(Jl
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9 CITY'S CONSTRUCTION OF THE NEW REGIONAL \~ 0
10 FORCE MAIN, AND PROVIDING FOR AN EFFECTIVE o ::;0
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11 DATE. ~o
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14 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the ne'F= ~1
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15 regional force main route selection, detail design, permitting and bidding phases of th~ ~
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16 project; and :::J:
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17 WHEREAS, the attached agreement with Standard Pacific of South Florida, allows CJ
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18 the City to access the pipeline corridor for the construction of the force main and it's . .
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19 components and commits the City to restore the property of Standard Pacific of South Florida, .f.:>.
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20 to it's pre-existing conditions and to maintain the force main and it's components; and OJ
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21 WHEREAS, the City Commission upon recommendation of staff, deems it ~?
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22 appropriate to approve and authorize execution by the Mayor and City Clerk of the Perpetual l.g
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23 Access Easement and Maintenance Agreement between the City of Boynton Beach and g
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24 Standard Pacific of South Florida. OJ
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25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF C;
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26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: iJ)
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27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 eing true and correct and are hereby made a specific part of this Resolution upon adoption
29
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1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 I hereby approves and authorizes the Mayor and City Clerk to execute the Perpetual Access
3 Easement and Maintenance Agreement Between the City of Boynton Beach and Standard
4 Pacific of South Florida, in support of the City's construction of the new regional force main,
5 a copy of which is attached hereto as Exhibit "A".
6 Section 3. That this Perpetual Access Easement and Maintenance Agreement will
7 be recorded in the Public Records of Palm Beach County, Florida.
8 Section 4. This Resolution shall become effective immediately upon passage.
9
10 PASSED AND ADOPTED this .lrj1.../ day of November, 2008.
11
12 CITY OF BOYNTON BEACH, FLORIDA
13 ~ /~ Lv
14
15 'tf'yor -}~TaYlo:;, .
16
17
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25 ..
26
27
28
29 ATTEST:
30
31 ,;:-
32f ~het M. Praini! y
33:" ity Clerk
34
35
36
37 Corporate Seal)
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This instrument prepared by:
David N. Tokes, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
PERPETUAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT
THIS PERPETUAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT
(the "Access Easement") made this.? ~~ay of ~n.Je Y"v"\~f"~, 2008, by and between
STANDARD PACIFIC OF SOUTH FLORIDA, a Florida general partnership ("GRANTOR")
whose address is 9900 S. W. 107th A venue, Miami, Florida 33176, and the City of Boynton
Beach ("CITY"), a Florida municipal corporation, its agents, servants, employees, or contractors,
whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934;
WIT N E SSE T H:
WHEREAS, the GRANTOR is the owner of certain parcels of real property located
within the City of Boynton Beach, (hereinafter referred to as the "Property"), more particularly
described as follows:
See Legal Descriptions Attached Hereto as Exhibit "A" and Exhibit "B"
WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit
CITY to install and maintain improvements associated with the City's Regional Force Main
within the parcel described in Exhibit "A" (the "Easement Parcel"), in order to improve sanitary
sewer utility services within the CITY; and
WHEREAS, the GRANTOR will grant a temporary construction easement over and
across the parcel described in Exhibit "B" (the "Access Parcel") to the CITY in order to permit
the CITY to construct the improvements associated with the City's Regional Force Main within
the Easement Parcel; and
WHEREAS, the City Commission has authorized the expenditure of funds for the CITY
to install the improvements within the Easement Parcel; and,
WHEREAS, once installed, the improvements will be maintained by CITY, and, if
necessary, further replaced by the CITY; and,
WHEREAS, the GRANTOR will agree not to construct anything of a [permanent
nature] within the Easement Parcel; 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 Access
Easement to the CITY, together with the right of entry into the Access Parcel for the construction
and maintenance of the improvements, within the Easement Parcel;
Page I of 8
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and no/IOO ($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 CITY a permanent, perpetual
easement for the installation and maintenance of improvements associated with the City's
Regional Force Main within the Easement Parcel. For purposes of this Agreement, the term
maintain may include, at the option of the CITY, the actual installation, maintenance, repair,
replacement, and/or removal, of such parts and/or portions of said improvements as are deemed
to be necessary by the CITY, and in order to serve and promote the general safety, health and
welfare of the citizenry of the CITY.
3. This Access Easement is a permanent perpetual easement and shall not be
changed, altered or amended except by an instrument in writing executed by GRANTORS and
CITY or their respective successors and assigns.
4. GRANTOR further agrees to sign any applications and documents for any permits
which the CITY may be required to submit to any local, state, or federal agency in association
with the installation and maintenance of the sanitary sewer lift station and associated
improvements. CITY agrees to pay any and all fees associated with obtaining any permits from
any local, state, or federal agency for the installation of the improvements.
~ In association with the GRANTOR's grant and conveyance of this Access
Easement, GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or
agreements from any person or corporation which holds a mortgage or other property interest in
the Property. GRANTOR agrees to sign any applications, documents, and/or amendments to this
Access Easement which are required for the mortgage holder to consent to the GRANTOR's
conveyance of this Access Easement to the CITY. CITY agrees to pay any and all fees
associated with obtaining any consents from any mortgage holders, or other entity with a
property interest in the Property.
6. GRANTOR also hereby grants and conveys to the CITY a temporary easement
for ingress and egress over the Access Parcel. GRANTOR acknowledges that this right of
ingress and egress includes any and all temporary access to the Access Parcel during actual
construction and installation of the improvements by CITY.
7. CITY shall ensure that all of the GRANTOR's property disturbed and used by
CITY pursuant to this Access Easement is returned to its original condition by CITY as of the
date CITY commenced such use, at the CITY's own cost. This includes any landscaping and
fencing removed as part of the CITY's installation of the improvements. The City shall inform
all parties performing work for it that such parties shall not have the right to file any liens against
the Property, and, if any such liens occur, then the City shall remove any such liens, or the City
shall release or transfer to bond any such liens, within thirty (30) days of notice thereof. To the
extent permitted by law, the City agrees to defend at its sole cost and expense (if requested by
Grantor), release, indemnify and hold Grantor. its subsidiaries, related and affiliated companies
Page 2 of8
and the officers, directors, agents, and employees of each, harmless from and against any and all
such claims, suits, judgments, damages, losses and expenses (including reasonable attorneys'
fees) or demands, including demands arising from or in any way connected with (i) the use and
enjoyment of the Property by the City and/or any other party claiming by, through or under the
City (collectively, the "City Parties"), (ii) any breach ofthis Agreement by the City and/or any of
the City Parties and (iii) injuries or death of persons (including Grantor's employees) and
damage to property arising out of any negligent acts, errors, omissions or willful misconduct of
the City and/or the City Parties. Nothing herein is intended to serve as a waiver of the City's
sovereign immunity or as consent by the City to be sued by third parties in any manner arising
out of this Access Easement, or any other agreement.
8. This Access Easement 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 CITY, as the case may be, and their respective heirs,
successors and assigns, including, without limitation, all subsequent owners and/or tenants of the
Property and all persons claiming by, through and under them.
9. The terms of this Access Easement 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 Property that is inconsistent with the rights granted to
the City pursuant hereto. In the event of any litigation in connection with this Access Easement,
the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. Venue
for any litigation filed in relation to this Access Easement shall be filed in state court in Palm
Beach County, Florida.
10. If any provision in this Access Easement 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 Access Easement, all of which other provisions shall remain in full force and
effect.
Signed and Sealed the day and year first above written.
ATTEST: GRANTOR:
STANDARD PACIFIC OF SOUTH
BY: Clr2~olfYt~ FLORIDA, a Florida general partnership
By: Standard Pacific of South Florida GP,
Inc., a Delaware corporation, its
COJ\fTTlDuEYl..- managing partner
Title ) ( ,
By: ,/ ...:..~~--
Print Name: 1\ O..?[')O( l' ,
T I \ J \") J" <: , ~ /
It e: \...~ l A~ ~LhC.;>11 '
Page 3 of8
STATE OF FLORIDA )
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COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared Mtdil e., \ \\ekott as
vP ht'\r\C\ D\v\~(r)fV of STANDARD PACIFIC OF SOUTH FLORIDA GP INC., the
managing partner of Standard Pacific of South Florida, who is personally known to me)or who
has produced as identification, an ac ow e ge executing
the foregoing Access Easement on behalf of such corporation and general partnership.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this ---4I'L-- day of ::fLt \L-) ,2008.
Notary ~,~ri~-~
(Seal)
CITY OF B
ATTEST: a Florida municipal corporation
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Office of the City Attorney
STATE OF FLORIDA )
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COUNTY OF PALM BEACH )
BEFORE ME, the undersigned, this 2::L day of ).1 ~ , 2008, personally
zed Jerry Taylor, Mayor and Janet Prainito, City Clerk ~ City of Boynton Beach.
personally known ~ {)c ...-
",\11',/" S h ,;". D K h Notary Public, State of Florida
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2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411
(866) 909-2220 phone (561) 687-1110 fOlC
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmongroup.com
DESCRIPTION .. SKETCH
PREPARED FOR:
THE CI7Y OF BOYNTON BEACH, FLORIDA
LEGAL DESCRIPTION: Utility Easement
A 12.00 foot wIde strIp of land lying in a porlion of Section 5, Township 46 South, Range 43
Fast, Palm Beach County, Florida and being aporllon of MONTERFY BAY, A P.U.D., according to
the Plat thereof, as recorded In Plat Book 104, at Page 82 through 88 Inclusive, of the Public
Records of Palm Beach County, Florida. and beIng more parllcularly described as follows:
BEGINNING at the Norlheasf corner of sold Plat, sold point being the POINT OF BEGINNING; Thence
South 1 r39'52" Wesf along the Fasterly line of sold Plaf and also the Westerly right-of-way line
of fhe Seaboard Coasf Line Railroad, for 570.40 feef; Thence deparllng sold Fasterly and Wesferly
line South 62-20'02" West, for 20.03 feet; Thence South 1 r20'02" Wesf, for 4.52 feef, said poinf
being on the Norlh right-of-way line of the Lake Worlh Drainage Districf Lateral-30 Canal as
shown on sold Plat; Thence Soufh 89-29'08" West along said Norlh line, for 12.61 feet; Thence
deparllng said Norlh righf-of-way line Norlh 1r20'02" East, for 13.35 feet; Thence Norlh
62-20'02" Fast, for 20.07 feef, said point being on a line 12.00 feef West of and parallel with
aforesaid Fasterly line of sold Plat and Westerly right-of-way line of sold Seaboard Coast LIne
Railroad; Thence Norlh 1 r39'52" Fast along sold parallel line, for 561.49 feet said poinf being
on a Norlh line of sold Plat; Thence deparllng sold parallel Norlh 89-,9'51" Fast along said
Norlh line, for 12.64 feet to the POINT OF BFGINNING.
SubJecf fa existing easemenfs, rights-of-way, covenanfs, reservations and restrictions of record, if
any.
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Sold lands lyIng and situate in Palm Beach County, Florida. C>
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SURVEYOR'S NOTES '<J
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1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED S. WANTMAN GROUP. INC., CERnFlCATE OF AUTHORIZAnON No. ~
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SEAL OF A FLORIDA UCENSED SURVaOR AND MAPPER EUPLOYf:D BY 7055. IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS ~
WANTMAN GROUP. INC.. THIS DRAWING, SKETCH, PLAT OR MAP IS FOR AND PROFESSIONAL REGUlAOON. '<)
INFORNATIONAJ.. PURPOSES ONLY AND IS NOT VALID. AOOITIONS OR '<)
DE:LET1ONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE ---
CERTIFICATION: '"
SIGNING PARTY OR PARnES IS PROHIBITED WITHOUT WRITTEN ~
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CONSENT OF THE SIGNING PARTY OR PARnES. ---
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2. lANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN I HEREBY CERnFY that the aUached Description and Sketch is true ~
GROUP, INC. FOR CASEMENTS AND RIGHTS-OF-WAY OF RECORD, and cOffllct to the best of my knewledge .JJnd belief and that it meets 4j
the Minimum Te<:hnical Standards set forth by the Florida Board of (.)
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oJ. DATA SHOWN HEREON WAS COMPILED FROM OTHER Professional SurveyoT$ Ami lIappers in Chapter 61G17-6, Florida e
INSTRUMENTS AND DOES NOT CONSTffUTE A FIELD SURVEY AS SUCH. Administrotive Ctxk, pursuont to Chaptfff 472.021 Florida Statutes. 85
For The Firm: ---
4. BtARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERLY Wantman Group, Inc. :r:
RIGHT-OF-WAY UNE OF THE SEABOARD COAST UNE RAlLROAO, SAID (.)
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UNE BEARS SOUTH 1739'52. WEST AND ALL OTHER BEARINGS (Xl
SHOWN HEReON ARE RElATIVE THEReTO. BY:~~ ~ 3/3//08 <:
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DATE: REVISION: BY: DATE: ?::
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DEREK G. ZEMAN, (Xl
PROFESSIONAL SURVCIOR AND MAPPER FLORIDA LICENSE NO. 5655 ~
OFFICE MRG DATE 03/29/08 JOB 407667.01 ~
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CHECKED SHEET 1 OF 2 ---
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2035 VISTA PARKWAY, SUiTt 100 M:ST PALM BEACH, FL 33411
(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmangroup.com
DCSCRIPTION ct SKETCH
PREPARED FOR:
THE CITY OF' BOYNTON BEACH. FLORIDA
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LANDS PER ' INB9'19'51"E /
(O.R.B. 13997. PG. 1151-1153. /P.B.C.R.) I 12.64'
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O.R.B. = OfficIal Records Book 0::
S17"20'02"W f2
4.52' P.B.C.R. = Palm B<<1ch County Records &l
P.B. = Plat Book
SB9'29'OB"W PG. = Page ~
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LAKE WORTH DRAINAGE DISTRICT 12.61' R/W = RIght-of-Way ~
LA TERAL CANAL L -30 <:
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(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) a
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OFFICE MRG DATE OJ/29/0B JOB 407667.01 ~
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2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411
(866) 909-2220 phone (561) 687-1110 fOlC
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmongroup.com
DESCRIPTION ct SKETCH
PREPARED FOR:
THE CITY OF' BOYNTON BEACH. FLORIDA
LEGAL DESCRIPTION: Temporary Construction Easement
A 40.00 foot wide strIp of land lyIng in a portion of SectIon 5, Township 46 South, Range 43
East, Palm Beach County, Florida and being a porlion of MONTEREY BAY, A P.U.D., according to
the Plat thereof, as recorded in Plat Book 104, at Page 82 through 88 inclusIve, of the Public
Records of Palm Beach County, Florida, and being more partIcularly descrIbed as follows:
BEGINNING at the Northeast corner of said Plat, said point being the POINT OF BEGINNING; Thence
South 17"39'52" West along the Easterly line of said Plat and also the Westerly right-of-way line
of the Seaboard Coast LIne Railroad, for 584.55 feet, said point being on the Norlh right-of-way
line of the Lake Worlh Drainage District Lateral-3D Canal as shown on saId Plat; Thence
deparling said Easterly and Westerly line South 89029'08" West along said North right-of-way
line, for 42.10 feet, said point being on a line 40.00 feet West of and parallel with aforesaid
Easterly line of said Plat and Westerly right-of-way line of said Seaboard Coast Line Railroad;
Thence departing aforesaid North right-of-way line Norlh 17"39'52" East along said parallel line,
for 584.43 feet, said point being on a North line of said Plat; Thence departing said parallel line
Norlh 89019'51" East along said North line, for 42. 14 feet to the POINT OF BEGINNING.
Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, if
any.
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Said lands lying and situate in Palm Beach County, Florida. C>
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SURVEYOR'S NOTES I
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,. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP. INC., CERTlF7CATE OF AUTHORIZATION No. ~
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SEAL OF A FLORIDA UCENSED SURVfYOR AND MAPPER EMPLOYED BY 7055, IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS ;;:
WANTUAN GROUP, INC., THIS DRAWING. SKETCH, PLAT OR MAP IS FOR AND PROFESSIONAL REGULATION. \Q
INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. AODmONS OR \Q
DELETTONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE --
CERTIFICATION: '"
SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN ,.
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CONSENT OF THE SIGNING PARTY OR PARTIES. --
~
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN I HEREBY CERTIFY thot the ottoched Descn'ption and Sketch is true ~
GROUP, INC. FOR CASEMENTS AND RIGHTS-OF-WAY OF RECORD. and correct to the best of my knowledge and belief and that it mfHfts l,j
the Minimum Tflchnical Standards :!~t forth by the F7on'da Board of (,j
U:
". DATA SHOWN HEREON WAS COMPILED FROM OTHER Profession,-I SUMJ~rs And .lJ<>.opers iI/ Chapter 61GI7-6. F7on'da E2
INSTRUMENTS AND DOES NOT CONSTITUTE A F7EW SURVEY AS SUCH. Administl'utive Code. Pl>..:;;WlIl ta Chapter 472.027 Ron'da Statutes. &:l
4. BEARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERLY Far The FiI'tn: ~
RIGHT-OF-WAY UNE OF THE SEABOARD COAST UNE RAILROAD. SAID Wantmon Group, fnc. (,j
UNE BEARS SOUTH '.,."9'52- WEST AND ALL OTHER BCARINGS BY, fJ/~ ~ DATF:' 3/3t!ce ~
SHOWN HEREON ARE RELATIVE THERETO. <:
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DA TE: REVISION: BY: SO
DEREK G. ZEMAN, ~
PROFESSIONAL SUR 'OR AND MAPPER FLORIDA LICENSE NO. 5655 "-
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OFFICE MRG DATE 03/29/08 JOB 407667.01 ~
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CHECKED SHEET 1 OF 2 ---
OGZ OWG 6670LUE 2-TEMP i.:
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1m En~;~;~:~.~:~~fn~:~~;OI
2035 VISTA PARKWAY. SUITE 100 WEST PALM BEACH. FL 33411
(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wantmangroup.com
DESCRIPTION ~ SKETCH
PREPARED FOR:
THe CfTY OF BOYNTON BEACH, FLORIDA
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LANDS PER I I NB9.,9'5, "E I
(O.R.B. 13997, PG, 1151-1153,jP.8.CR.) /
/ 42.14' ,
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LEGEND: ~
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/ L___ a.R.B. = Official R.cords Book ~
P.B.C.R.= Palm Beach County Records ~
___________-1____________ l..J
P.B. = Plat Book l.>
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SB9.29'OB'"W PC. = Pag. ~
42.10' R/W = Right-of-Way Q)
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LAKE WORTH DRAINAGE DISTRICT :t:
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LA TERAL CANAL L -30 ~
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DA TE: 2
REVISION: BY: ~
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) Cl
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OFFICE MRG DATE 03/29/08 JOB 407667.01 ~
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CHECKED SHEET 2 OF 2 --
OGZ OWG 66701_UE 2-TE:MP ~