R09-185
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RESOLUTION NO. R09-185
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING
EXECUTION OF A FIRST AMENDMENT TO
TEMPORARY CONSTRUCTION EASEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY, IN SUPPORT OF THE CITY'S
CONSTRUCTION OF THE NEW REGIONAL FORCE
MAIN, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2007, the City issued task order U07-20-l to the Wantman Group for
he new regional force main route selection, detail design, permitting and bidding phases of
he project; and
WHEREAS, In November, 2008, VIa Resolution 08-131, the City Commission
pproved an Interlocal Agreement and Temporary Construction Easement between the City of
oynton Beach and Palm Beach County; and
WHEREAS, the attached First Amendment to Temporary Construction Easement
rovides that the rights granted pursuant to the Easement shall expire and the Easement shall
utomaticallY terminate upon Grantee's completion of the Project or July 13,2011. whichever
omes first; and
WHEREAS, the City Commission upon recommendation of staff, deems it
ppropriate to approve and authorize execution by the Mayor and City Clerk of the First
mendment to Temporary Construction Easement between the City of Boynton Beach and
aIm Beach County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
lapps3Iauto\DataI63IItemsI6318501378\Reso _-_Access _ Easement_ -Palm _ Beach_County _-RFM _( I st_ Amendment),doc
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 eing true and correct and are hereby made a specific part of this Resolution upon adoption
3 ereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
5 pproves and authorizes the Mayor and City Clerk to execute a First Amendment to
6 emporary Construction Easement between the City of Boynton Beach and Palm Beach
7 ounty, in support of the City's construction of the new regional force main, a copy of which
8 s attached hereto as Exhibit "A".
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this 15th day of December, 2009.
CITY OF BOYNTON BEACH, FLORIDA
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yor - J T or ~) - /f /
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Com . ssioner - Ronald Weiland
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Commissioner - Marlene Ross
8\Reso _-_Access _Easement_-Palm_ Beach_County _-RFM_( I ;t_ Amendment).doc
Prepared by &. Return to:
Peter Banting
Palm Beach County
Property & Real Estak Management Division
2633 Vista Parkway
Wes, Palm Beach, FL 3341\ -5605
PCN: 08-43-46-05-00-<100-3010
08-43-46-05-00-<100-3040
Roq- 185"'
FIRST AMENDMENT TO
TEMPORARY CONSTRUCTION EASEMENT
THIS FIRST AMENDMENT TO TEMPORARY CONSTRUCTION
EASEMENT ("First Amendment") made by and between PALM
BEACH COUNTY, a political subdivision of the State of Florida ("County") whose
mailing address is 301 North Olive Avenue, West Palm Beach, Florida 33401- 4791, and
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, whose
mailing address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-
7934 ("Grantee").
RECITALS
Whereas, County granted Grantee a Temporary Construction Easement on
January 13,2009 (R2009-0097) (the "Easement"); and
Whereas, County and Grantee wish to amend the Easement to extend the
termination date.
WITNESSETH:
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the parties, the parties hereto agree as
follows:
I. The foregoing recitals are true and correct and incorporated herein by
reference. Terms not defined herein shall have the same meaning as
ascribed to them in the Easement.
2. The Easement is hereby modified to provide that the rights granted
pursuant to the Easement shall expire and the Easement shall automatically
terminate upon the earlier of Grantee's completion of the Project or the date
of July 13, 2011. Notwithstanding such automatic termination, Grantee
shall promptly deliver to County a Release of Easement, in a form
satisfactory to County, upon completion of the Project, if so requested by
County.
Page I of4
3. Except as modified by this First Amendment, the Easement remains
unmodified and in full force and effect and the parties hereby ratify,
confirm, and adopt the Easement, as amended, in accordance with the terms
thereof.
4. This Easement is expressly contingent upon the approval of the Palm Beach
County Board of County Commissioners, and shall become effective only
when signed by all parties and approved by the Palm Beach County Board
of County Commissioners.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 2 of4
IN WITNESS WHEREOF, the parties have executed this First Amendment as of
the day and year first above written,
Signed, sealed, and delivered in the presence of:
ATTEST:
GRANTEE;
CITY OF BOYNTON BEACH, a Florida
municipal corporation organized and
existing under the laws of tate of Florida
BY(j:t: 'm. ~
City Clerk
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Witness Signature
L-ePr h Kr ftSN (JFr
Witness Name Printed
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By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
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has produced
did not take a oath,
NoiliqWl~~J~n~, OF FLORIDA
.............. Stephanie D. Kahn
f W ~Commission #DD873790
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Type, pn t or stamp name
Commission Number: Dr.. D ? 13 710
My Commission Expires: 0J....Pu;r ).)--/ >01;J
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~2010 0081
ATTEST: County:
;: JAN 1 2 2010
SHARON R. BOCK .->"'", " PALM BEACH COUNTY, a
CLERK & COMPT~~RY?, political subdivision of the State of
= "'-.J." Florida
.= ~/. \ \ ":"r t.~ BY:~~
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0;: Burt Aaro son, Chair
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APPROVED AS TO FORM AND ,., APPROVED AS TO TERMS
LEGAL SUFFICIENCY AND CONDITIONS
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