R10-053
1 RESOLUTION NO. RIO- 05".3
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR AND CITY CLERK TO
6 EXECUTE THREE PERMIT AGREEMENTS THAT
7 HAVE BEEN REISSUED BY THE LAKE WORTH
8 DRAINAGE DISTRICT IN SUPPORT OF THE CITY'S
9 CONSTRUCTION OF THE NEW REGIONAL FORCE
10 MAIN; AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, on August 19, 2008 the City Commission authorized the original
13 permits with Lake Worth Drainage District (L WDD) via Resolution R08-088; and
14 WHEREAS, in April, 2009, the City was informed that it needed to apply for permit
15 extensions which was approved by the City Commission on July 7, 2009; and
16 WHEREAS, L WDD has again advised the City that it needed to apply for a permit
17 extension and pay a permit extension fee; and
18 WHEREAS, the L WDD has reissued the Conditional Permit Agreements which are
19 necessary to allow the City to construct several portions of the new regional force main in the
20 LWDD canal right of ways.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 hereby authorize and direct the Mayor and City Clerk to execute the three Permit Agreements
28 which have been reissued between the City of Boynton Beach and Lake Worth Drainage
i
District, said reissued Conditional Permit Agreements being attached hereto as Exhibits "A",
2
"B" and "C".
3
Section 3. This Resolution shall become effective immediately upon passage.
tb
PASSED AND ADOPTED this ~ day of May, 2010.
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CITY OF BOYNTON BEACH, FLORIDA
~.
Mayor - Jos
ATTEST:
m.~
Conditional Permit Agreements with LWDD(reissue).doc
LAKE WORTH DRAINAGE DISTRICT
LAKE WORTH DRAINAGE DISTRI
13081 Military Trail
Delray Beach, FL 33484-1105
(561) 498-5363 or 737-3835
Fax: (561) 495-9694
JUN 022010
LW 0 RECORDS
LWDD Permit No. 08-8513U.01
CPA No. 1141
Canal No. L-30
Board Approved: May 13, 2009
March 24, 2010
Page 1 of 5
CONDITIONAL PER IT AGREEMENT REISSUE
WHEREAS, Ci of Bo nton Beac ,hereinafter called Permittee, has requested from
the LAKE WORTH DRAINAGE DISTRICT hereinafter called LWDD, a temporary Conditional
Permit to construct and maintain the faci ity described on the attached Exhibit 'A', subject,
however, to the following conditions:
1. Permittee shall pay a non-ref ndable reissue fee in the amount of $240.00.
2. In the event it becomes ne essary for LWDD to expand or further utilize its
facilities within its right-of-way, the Permi ee shall after reasonable notice (the same not to
exceed sixty (60) days,) effect such remov I of the permitted facility as LWDD may reasonably
require from time to time so as to alow and not delay LWDD canal or right-of-way
improvements and further, the Permittee hall maintain in good safe operating condition the
facility permitted and involved herein.
3. This agreement may never b assigned without the written consent of the LWDD.
4. Upon the full and complete xecution of this instrument, LWDD acknowledges
receipt of payment and grants the request d Conditional Permit and Permittee agrees to effect
and complete, at no cost to the LWDD, the installation involved herein within one (1) year from
the date of this instrument.
5. Permittee may, at its sole xpense, modify the facility involved and installed
herein under the condition that same doe not unreasonably interfere with LWDD'S use of its
right-of-way and under the condition that the plans and specifications for such modification
have been approved in writing by LWD . Such modification to be accomplished with no
further payment to LWDD.
6. No sampling points, corpora ion stops (air release valves), valve boxes or other
appurtenances will be permitted within th LWDD right-of-way unless specifically shown and
dimensioned on the plans and designed t withstand the normal and routine maintenance of
the LWDD. &5
('1,
7. Forty-eight (48) hour notice ill be given to LWOO prior to the commencement of * ~
construction activity. \JI,
8.
inspection.
.\:..~
Facilities backfilled prior to r ceiving LWDD approval will be uncovered for visual :.....
~
o
mawlsjwl08.8513U.01 city of boynton cpa 1141 permit reissue 2010.doc
Rev. 1.11.08
LAKE WQRTH DRAINAGE DISTRICT
LWDD Permit No. 08-8513U.01
CPA No. 1141
Canal No. L-30
Board Approved: May 13, 2009
Page 2 of 5
9.lt is not the intention of this Permi Agreement to approve of the construction methods
for the installation of the herein approved utility crossing. It shall be the responsibility of the
Permittee's contractor installing the abo e described facility to maintain the continuous
uninterrupted free flow of water in the ca al. It shall further be the duty of the Permittee to
obtain the approval of LWDD for any co struction methods which would be contrary to the
above. The Permittee shall also be res onsible for the installation of silt screens and/or
turbidity barriers as necessary to maintai the clarity of the water. FAILURE TO COMPLY
WITH WRITTEN NOTICE OF A VIOLATIO OF THIS PARAGRAPH SHALL, AFTER FIVE (5)
WORKING DAYS, AUTOMATICALLY VOl THIS CONDITIONAL PERMIT AGREEMENT.
10. Each party shall be liable fo its own actions and negligence and, to the extent
permitted by law, City shall indemnify, def nd and hold harmless LWDD against any actions,
claims, or damages arising out of City's egligence in connection with this agreement, and
LWDD shall indemnify, defend and hold ha mless City against any actions, claims, or damages
arising out of LWDD'S negligence in onnection with this agreement The foregoing
indemnification shall not constitute a waive of sovereign immunity beyond or alter the limits set
forth in Florida Statutes Section 768.28, nor shall the same be construed to constitute agreement
by either party to indemnify the other party for such other party1s, or any third party's negligent,
willful or intentional acts or omissions.
11. The address appearing be eath the Permittee's signature shall, for notice
purposes, be considered as the permane t mailing address of said Permittee unless LWDD
has been notified of a change of address in writing.
maw\sjw\08-8513U.01 city of boynton cpa 1141 permit reissue 2010.doc
Rev. 1.11.08
LAKE WORTH DRAINAGE DISTRICT
LWDD Permit No. 08-8513U.01
CPA No. 1141
Canal No. L-30
Board Approved: May 13, 2009
Page 3 of 5
LWDD ACCEPTANCE:
IN .'^IITNESS W;EOF. the parties her to have hereunto set their hand(s) and seal(s) this
~ day of iA^L ,2010.
WITNESSES:
LAKE WORTH DRAINAGE DISTRICT
~Q.~~
(1) Witness Signa ure
F~c'\U-s. ~ Co c..P~D \ \ \t"\'l
~Name ~. ~
(~gg7?~
. )" t?rn a r.f1- /Lf:7t-P?10/j
Printed Name
By:
~~___L
President, BOard of Supervisors
Joyce D. Haley
Attest:
~...U/ O~/ ~r#~
Secretary, Ronald L. Cro e ~
13081 Military Trail
Delray Beach, FL 33484-1105
LWDD NOTARIZATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, be re me, an officer duly authorized in the state and
county aforesaid to take acknowledgem nts, personally appeared JOYCE D. HALEY and
RONALD L. CRONE, the President an Secretary, respectively, of the LAKE WORTH
DRAINAGE DISTRICT, and that they s verally acknowledged executing the same under
authority duly vested in them by said Distri t and that the seal affixed thereto is the true seal of
said District
my hand and official seal in t e county and state last aforesaid this td. day of
,2010.
,..'$";...... JOANN M. AYlOR
f:'f"'l.A~'o MY COMMISSION # DO 87692
. \~;.~j...j EXPIRES: August 2, 2013
i .'t,r;; "r..~" Bonded Thru Notary Public U
~ '.,l'I\~'
mawlsjw\08-8513U.01 city of boynton cpa 1141 permit reissue 2010.doc
Rev. 1.11.08
LAKE WORTH DRAINAGE DISTRICT
LWDD Permit No. 08-8513U.01
CPA No. 1141
Canal No. L-30
Board Approved: May 13, 2009
Page 4 of 5
PERMITTEE ACCEPTANCE:
(COMPLETE ALL INFORMATION)
City of Boynton Beach
Company or~me
By: J.g~
Signature of Autho zed Personnel
(1) Witness Si ature
~p1~ ,(;,-/0->1 2/C)h<z'
Printed N me
Printed Name and Title
(2) Witness Signature
C~II {" l1iMl--lI~
~.eA-h f(r f\$j\J(JFF
Printed Name
KURT BRESSNER
CITY MANf\GER
BOYNTON BEACH, FL
\00 ~.~~oY\~e~u..-..~\0d..
Business Mailing Ad ss
~~ \D-0.. ~ eCo--& ~L 3 6'l s5
Busine s Mailing Address (c6nt'd)
PERMITTEE NOTARIZATION
"""ROVED AS TO FORM:
STATE OF FLORIDA
COUNTY OF PALM BEACH
WITN ESS my hand and official seal in the
~,2010.
~/L1IiL~ h' · 11- V~
Notary Public ~
ounty and State last aforesaid this th~ day of _
NOTARY PUBLIC-STATE OF FLORIDA
l'W"'''''''\ Cat.hcri~e ~herry-Gubcrman
~ .ComnUSSlOn #DD792144
. ~ E .
"'"""..,., _xplres: MAY 27, 2012
BONDED 'i'HRII ATLAN'l'IC BONDINC CO., mc.
Notary Stamp or Seal
This permit is issued in duplicate. Please ign both copies and return both copies to LWDD for
signature. The permit is valid only aft r both the Permitter and Permittee have signed.
Construction in LWDD rights-of-way prior t receiving the executed permit is not allowed.
The Permittee must have a copy of the ully executed permit posted at the jobsite prior
to any construction. Failure to comply ay result in the jobsite being shut down.
maw\sjw\OB-8513U.01 city of boynton cpa 1141 permit reissue 2010.doc
Rev. 1.11.08
LAKE WORTH DRAINAGE DISTRICT
LWDO Permit No. 08-8513U.01
CPA No. 1141
Canal No. L.JO
Board Approved: May 13, 2009
Page 5 of 5
To construct one aerial pile supported 24-i ch Force Main crossing the L-30 Canal 45 feet +/-
west of the CSX Railroad Bridge (Section ,Township 46S, Range 43E) with a minimum low
member elevation of 15.20 N.G.v.D. (192 ) over the open channel area of the canal and a
minimum depth of cover of 36-inches else here in the L-30 Canal right-of-way.
SPC: 238522.907N, 291196.675E
Said crossing shall be constructed as sh wn on the plans designed, signed and sealed by
James W. Richie, P.E. of the Wantman Gr up, Inc. dated April 3, 2008 and submitted by same
for the City of Boynton Beach, (Sheets G-2 3 & 4, FM-2 & 3 and D-1 through D-5 along with P-
1 & 2), Eng. No. 407667.01.
mawlsjw\08-8513U.01 city of boyn1on cpa 1141 permit reissue 2010.doc
Rev. 1.11.08
LAKE WORTH DRAINAGE DISTRICT
LAKE WORTH DRAINAGE DISTRI T
13081 Military Trail
Delray Beach, FL 33484-1105
(561) 498-5363 or 737-3835
Fax: (561) 495-9694
. ECEIVED
~IO -D52J
JUN 02 2010
LWDO RECORDS
LWDD Permit No. 08-8512U.01
CPA No. 1140
Canal No. E-4
Board Approved: May 13, 2009
March 24, 2010
Page 1 of 5
CONDITIONAL PER IT AGREEMENT - REISSUE
WHEREAS, the Ci each, hereinafter called Permittee, has requested
from the LAKE WORTH DRAINAGE D STRICT, hereinafter called LWDD, a temporary
Conditional Permit to construct and maint in the facility described on the attached Exhibit 'A',
subject, however, to the following conditionF:
1. Permittee shall pay a non-ref~ndable reissue fee in the amount of $240.00.
2. In the event it becomes ne~ssary for LWDD to expand or further utilize its
facilities within its right-of-way, the Permi ee shall after reasonable notice (the same not to
exceed sixty (60) days,) effect such remov I of the permitted facility as LWDD may reasonably
I
require from time to time so as to allow and not delay LWDD canal or right-of-way
improvements and further, the Permittee $hall maintain in good safe operating condition the
facility permitted and involved herein.
3. This agreement may never b assigned without the written consent of the LWDD.
4. Upon the full and complete xecution of this instrument, LWDD acknowledges
receipt of payment and grants the request d Conditional Permit and Permittee agrees to effect
and complete, at no cost to the LWDD, the1installation involved herein within one (1) year from
the date of this instrument.
5. Permittee may, at its sole xpense, modify the facility involved and installed
herein under the condition that same does! not unreasonably interfere with LWDD'S use ot its
right-of-way and under the condition that I the plans and specifications for such modification
have been approved in writing by LWDD. Such modification to be accomplished with no
further payment to LWDD. t
6. No sampling points, corpora ion stops (air release valves), valve boxes or other
appurtenances will be permitted within thJ LWDD right-at-way unless specifically shown and
dimensioned on the plans and designed tb withstand the normal and routine maintenance of
the LWDD.
c:)
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('"".l \
7. Forty-eight (48) hour notice ill be given to LWDD prior to the commencement of ~ ~
construction activity. ...:.... ::::..'
r:-'\U
~~-
~J ~
8.
inspection.
Facilities backfilled prior to receiving LWDD approval will be uncovered for visual
Q
mawlsjw\08.8512U.01 CPA 1140 city of Boynton scpa reissue 2010.doc
Rev. 1.11.08
LAKE WORTH DRAINAGE DISTRICT
CPA No. 1140
LWDD Permit No. 08-8512U.01
Canal No. E-4
Board Approved: May 13, 2009
Page 2 of 5
9. It is not the intention of this Permit Agreement to approve of the construction
methods for the installation of the herein a proved utility crossing. It shall be the responsibility
of the Permittee's contractor installing the above described facility to maintain the continuous
uninterrupted free flow of water in the ca al. It shall further be the duty of the Permittee to
obtain the approval of LWOD for any co struction methods which would be contrary to the
above. The Permittee shall also be responsible for the installation of silt screens and/or
turbidity barriers as necessary to maintai the clarity of the water. FAILURE TO COMPLY
WITH WRITTEN NOTICE OF A VIOLATI N OF THIS PARAGRAPH SHALL, AFTER FIVE (5)
WORKING DAYS, AUTOMATICALLY VOl THIS CONDITIONAL PERMIT AGREEMENT.
10. Each party shall be liable to its own actions and negligence and, to the extent
permitted by law, City shall indemnify, def nd and hold harmless LWOO against any actions,
claims, or damages arising out of City's pegligence in connection with this agreement, and
LWDD shall indemnify, defend and hold harmless City against any actions, claims, or damages
arising out of LWDD'S negligence in ~onnection with this agreement. The foregoing
indemnification shall not constitute a waive of sovereign immunity beyond or alter the limits set
forth in Florida Statutes Section 768.28, nor shall the same be construed to constitute agreement
by either party to indemnify the other party for such other party's, or any third party's negligent,
willful or intentional acts or omissions.
11. The address appearing be eath the Permittee's signature shall, for notice
purposes, be considered as the permane~t mailing address of said Permittee unless LWOD
has been notified of a change of address irl writing.
maw\sjwIOa-a512U.01 CPA 1140 city of Boynton scpa reissue 2010.doc
Rev. 1.11.08
LAKE WORTH DRAINAGE DISTRICT
LWDD ACCEPTANCE:
CPA No. 1140
LWDO Permit No. 08-8512U.01
Canal No. E-4
Board Approved: May 13, 2009
Page 3 of 5
IN WITNESS WHE EOF, the parties her to have hereunto set their hand(s) and seal(s) this
I t/ day of , 010.
WITNESSES:
LAKE WORTH DRAINAGE DISTRICT
~.~
(1) Witness Signature
t=c"-,,,-cS A~ C0f9.c..\~;f\~
p~e ~~
(2~es~i; ~
! emCl,V f'7lQA
Printed Name!
By:
President, oard of Supervisors
Joyce D. Haley
Attest: ~~/ OJ'?A1--- ?/&~Gl
Secretary, Ronald L Crone ~
13081 Military Trail
Delray Beach, FL 33484-1105
LWDD NOTARIZATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, be ore me, an officer duly authorized in the state and
county aforesaid to take acknowledgem nts, personally appeared JOYCE D. HALEY and
RONALD L. CRONE, the President and Secretary, respectively, of the LAKE WORTH
DRAINAGE DISTRICT, and that they sJverally acknowledged executing the same under
authority duly vested in them by said Oistritt and that the seal affixed thereto is the true seal of
said District.
WITN:fS. ~y hand and official seal in t e county and state last aforesaid this L!I day of
~ ,2010.
TARY PUBLIC - ate of Florida
Joann M. Aylor
My Commission Expires:
,l;}'#:~:~< JOANN M. AYLOR
g.: *'i: MY COMMISSION # DD 876923
~. .~! EXPIRES: August 2.2013
", :",,' Boo~ Thru Nolai)' Public Underwrtlel!l
maw\sjw\08-8512U.Ol CPA 1140 city of Boynton scpa reissue 2010.doc
Rev. 1.11.08
LAKE WORTH DRAINAGE DISTRICT
PERMITTEE ACCEPTANCE:
~~~at~.<t;:j~
\ o..._V"'V"\ ~L-\ ~ \- f >-'--1 ~ \ a 'v\. ~
Printed Name \
(2) Witness Signature
aalt c/f/1t1~~
L Qt+/, <k.r Asf\/tl.F~
Printed Name
PERMITTEE NOTARIZATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
CPA No. 1140
LWDD Permit No. 08-8512U.01
Canal No. E-4
Board Approved: May 13, 2009
Page 4 of 5
(COMPLETE ALL INFORMATION)
By:
Signature of Authorized PersQn[lel
KURT BRl:SSNER
CITY MANAGER
P . t d N d T'tl BOymON BCACH, rL
rln e ame an I e
A"p"OVED AS TO fORM: ~
~~~~C~~\~~
Business Mailing dress
,,\o,^~e.c..-c-,,-, ~L .~3L\3S
Busine Mailing Address (con\'d)
I HEREBY CERTIFY that on this day, be re me, an officer duly u orized in the State and
Gounty aforesaid to take aCkno~1gments, p rsona~ppeared r :essner , the
C-d-~ t--lClnaglf of-!-he /~. ~ PO\f~kJr7CJ7. l:fe I She is personally known to me or
has produced na I as identification, and who did (did not)
take an oath. I
WITNESS my hand and official seal in the dounty and State last aforesaid this th~ day of _
'7)([lLf ' 2010. N~J~Y PlJBLI~.STATE OF FLORIDA
/' \. Catherme Cherry.Guberman
~, J Co~mis81on /I DD792144
",.,,,,,,,,,. E!plf'es: MAY 27 2012
ilOillJJij) rnllV A'l'LANTIC 1I0NDlNQ CO" INC.
. Notary Stamp or Seal
This permit is issued in duplicate. Please sign both copies and return both copies to LWOD for
signature. The permit is valid only aft~r both the Permitter and Permittee have signed.
Construction in LWDD rights-of-way prior tt receiving the executed permit is not allowed.
The Permittee must have a copy of the fully executed permit posted at the jobsite prior
to any construction. Failure to comply ay result in the jobsite being shut down.
maw\sjw\08-8512U.01 CPA 1140 city of Boynton scpa reissue 2010.doc
Rev. 1.11.08
LAKE WORTH DRAINAGE DISTRICT
CPA No. 1140
LWDD Permit No. 08-8512U.01
Canal No. E-4
Board Approved: May 13, 2009
Page 5 of 5
E HIBIT 'A'
To construct one 24-inch pile supported Force Main over the E-4 Canal 28 feet +/- North of the
existing Mission Hill Road Bridge (Sectidn 5, Township 46 South, Range 43 East) with a
minimum low member elevation of 15.18 N.G.V.D. (1929) in the open channel areas of the E-4
Canal and a minimum depth of cover of 36 inches elsewhere in the E-4 Right-of-Way.
SPC: 239873.683N, 291914.317E
Said crossing is to be constructed as sho n on the approved plans on file at the offices of the
LWDD, designed, signed and sealed and submitted for the City of Boynton Beach by James
W. Richie, P.E. of the Wantman Group, Inldated
Eng. Job No. 407667.01 (Sheets FM 12 & -3 dated 04/06/08 & 06/09/08).
mawlsjw\Oa-a512U.01 CPA 1140 city of Boynton scpa reissue 2010.doc
Rev.1.11.0a
~'"
Bo;.m Of Suoe-rv~s.o's
James M Alderman
C. David Goodlell
Joyce 0 Haley
Murray R. Kalish
John I. WhItworth 111
LAKE WORTH DRAINAGE DISTRICT
\....AJ'_^_-'\.J~~
Mafluger 'Sec:"'~!ar,.
Ronald L. Crone
13061 MILITARY TRAIL
DELRAY BEACH FLORIDA 33484 -1105
.j
:.....'j.lsra:1r ',~~f1;;9e-r5
Carol W. Connolly
Michael D. Baker
Af1c'1'1ey
Perry & Kern. PA.
FULLY EXECUTED ORIGINAL PERMIT
June 3, 2010
Mr. James W. Richie
Wantman Group, Inc.
2035 Vista Parkway, Suite 100
West Palm Beach, Florida 33411
Re: City of Boynton Beach - 24-1nc Regional Force Main; Underground Crossing of
the Lw29 Canal through an Une cavated Section; East of the E-3%E Right-ofwWay;
Neptune Drive and Thor Drive; 46143
SPC: 239343.694N, 291401.318E (Metric)
LWDD Canal No. L-29
LWDD Permit No. 08-8532U.01
Dear Mr. Richie:
Enclosed is an original construction permit for the above-referenced project, executed on June
3, 2010 by the lake Worth Drainage Di trict for your files. The other original permit will be
retained at the lWDD's Records Departm nt.
If 1 may be of further assistance, please d not hesitate to contact me.
Sincerely,
LAKE WORTH DRAINAGE DISTRICT
~~ha~
Staff Assistant
Enclosure
C. Kevin C. White, Area Inspector, l DD
maw\Q8-8532U.01 City of Boynton Belld1 Crossing L-29 . inal permit retum cov lit. doc
Delray Beach & Boca Raton (561) 498-5363 . Boynlo Beach & West Palm Beach 156t) 737.3835 . Fax (561) 495.9694
Websi e: www.LWDD.net
LAKE ','IORTH DRAINAGE DISTRICT
LAKE WORTH DRAINAGE DISTRI T
13081 Military Trail
Delray Beach, FL 33484-1105
(561) 498-5363 or 737-3835
Fax: (561) 495-9694
RECEIVED
JUN 02 2010
LWOD RECORDS
Apri121,2010
CONSTRUCTI N PERMIT - REISSUE
Mr. Kofi A. Boateng, P.E.
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
: ') r:: r-~ r." !' ,.~
~- r-L L"""~' ~ I '....
,1_ 81_ t, ,
APR 2 6 2010
. h
j)' '.1.
~; \~. "~ ~ CJ:\ ;~~J L. ..
Re: City of Boynton Beach - 24-lnch Re ional Force Main; Underground Crossing of the L-29
Canal through an Unexcavated See on; East of the E-3YzE Right-of-Way; Neptune Drive
and Thor Drive; 5146/43
SPC: 239343.694N. 291401.318E (Met ic)
LWDD Canal No. L-29
LWDD Permit No. 08-8532U.01
Dear Mr. Boateng:
Lake Worth Drainage District (hereinafter re erred to as ULWOO") approves the construction plans
prepared by James W. Richie, P.E. for The W ntman Group signed and sealed on April 28, 2008 for the
City of Boynton Beach, subject to the following nditions:
() Permittee shall reconstruct canal(s) t approved design section along and adjacent to the
project's limits, including clearing and roper sloping of the maintenance berms. The cleared
canal berms and side slopes shall stabilized. Type of stabilization shall be approved by
LWDD. The permitted construction sh II be completed prior to any building activity adjacent to
LWOD rights-af-way. Please be advis d that any fill material scheduled to be removed from the
canal may not be relied on for site work
(X) Permittee is to construct any sidewalk r pathway that is proposed within LWDD's rights-of-way
with six-inch (6ft) thick concrete, or to meet LWDD approved alternate loading and material(s).
The LWDO will not be held res po nsi Ie or liable for any damage to the sidewalk or pathway
resulting from LWDD operations and maintenance procedures, or any property damage or
personal injury resulting from any si ewalk or pathway damage. All repairs are to be the
responsibility of the Permittee.
(X) Permittee or Permittee's representativ shall notify the LWDD inspection Department forty..eight
(48) hours prior to any work within L DO rights-of-way to coordinate the extent of work to be
completed. All facilities needing inspe ion must be observed prior to backfilling.
(X) Permittee shall restore LWDO's right-o -way to its original or better condition where disturbed by
construction activity.
(X)
LWOD cannot accept any water from ewatering either on or off-site until written notification of
approval from South Florida Water Ma agement District has been submitted to this office.
(X) It shall be the responSibility of the Pe ittee to locate and protect any underground facilities within
LWDD's rights-of-way prior to construe ion.
maw\sjw\08-8532U.Ol city of boynton beach construction perm reissue.doc Rev. 1.11.08
."
~~
LAKE WORTH DRAn_AGE DISTRICT
LWDD Pennit NO.08-8532U.01
Canal No. L-29
April 21, 2010
Page 2 of 3
(X) Permittee shall take all reasonable prec utions necessary to prevent turbidity or silting upstream
or downstream during construction.
() At the time of installation, a permane benchmark shall be established on top of the control
structure(s) with the elevation clean de med.
(X) All underground installations in LWOO ri hts-of-way must have a minimum depth (cover) of thirty-
six inches (36"). All underground utiliti s placed within the LWOO's canal rights-of-way must be
identified with LWOD approved perman nt witness markers identifying utility type and location.
(X) Should any valves or valve boxes be permitted in LWOD's rights-of-way, they shall have a
minimum HS-20 (traffic bearing) load rat ng.
(X) Permittee shall submit "record drawing" within sixty (60) days of project completion. Drawings
should show, as a minimum, perimeter rading at or above the design storm and control structure
elevations. Failure of the Permittee to p ovide these drawings within the time specified may result
in LWOD requesting that all jurisdiction I agencies withhold their final approval until the drawings
are received and approved.
( ) Permittee must submit "project certificat on" within sixty (60) days of project completion.
(X) Permittee shall obtain any and all per its required by EPA, FOEP, USACE, FOOT, SFWMO,
Palm Beach County, and/or any munici atity that may be involved, prior to the commencement of
any construction.
() Permittee agrees that the stormwater ischarge authorized by this permit shall comply with all
applicable provisions of Part IV of hapter 373, Florida Statutes, as well as applicable
management and storage of surface ater rules, including but not limited to, 40E-4.301, 40E-
400.215, and 40E-400.315, Florida dministrative Code, and Section 5.2 of the SOUTH
FLORIDA WATER MANAGEMENT 0 STRICT basis of Review. All costs of correcting any
violations of SOUTH FLORIDA WATE MANAGEMENT DISTRICT law and rules shall be the
exclusive obligation of Permittee.
(X) All unpermitted drainage facilities install d before or during construction shall be removed prior to
the project's final acceptance.
() Permittee has provided a bond in favo of LWOO in the amount of 110% of the cost of the pipe
and its installation. Bond will be rei ased upon issuance of final inspection by LWOO and
Permittee's submittal of "record drawing n to LWDD.
(X) Permittee agrees that significant constr ction must start within two (2) years to the date of permit
issuance or this permit is void and a ew permit must be applied for prior to any construction
activity on site. The new application m st meet current operating policies.
(X) The Permittee, assigns, or successors n title agree to operate and maintain the facility/system in
perpetuity.
In consideration of and by acceptance of the permit issued by the LWDD, the undersigned agrees to
perform the above. Further, each party shall liable for its own actions and negligence and, to the extent
permitted by law, City shall indemnify, defend and hold harmless LWDO against any actions, claims, or
damages arising out of City's negligence in nnection with this agreement, and LWDD shall indemnify,
maw\sjw\OS.a532U.01 city of boynton beach construction permit reissue.doc
Rev. 1.11.06
LAKE 'NORTH DRAINAGE DISTRICT
LWDD Pennit No.08-8532U.01
Canal No. L-29
April 21,2010
Page 3 of 3
defend and hold harmless City against any acti s, claims, or damages arising out of LWDD'S negligence
in connection with this agreement. The foregoin indemnification shall not constitute a waiver of sovereign
immunity beyond or alter the limits set forth in Florida Statutes Section 768.28, nor shall the same be
construed to constitute agreement by either part to indemnify the other party for such other party's, or any
third party's negligent, willful or intentional acts 0 omissions.
This permit shall expire two (2) years from issu nce date, should construction fail to be completed.
During the duration of this permit, Permittee hall at all times provide LWDD access through LWOO
right(s)-of-way.
PERMITTER:
PERMITTEE: (COMPLETE ALl.. INFORMATION]
LAKE WORTH DRAINAGE DISTRICT
r.. ,-t c.." G ~ --V--<~ \c.. ""' ~ f?cL ~
Municipality r Agency me '
By:
~y4~
Ronald L. Crone, Manager
~__ u:;? ?./~/LJ
prmit Issuance Date
By:
Signature of A t orized Personnel
KURT BRESSNER
CITY MANAGER
Printed Name anM~fR~N fjtACH. Fl
Business Mailing Address
Business Mailing Address (cont'd)
PERMITTEE NOTARIZATION
ATTORNf:Y'
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer d
afor~a}d to take as(knowledgments, personally ap "red .
the l:d.j ~llnCl~{:Jr of -II (f
~rsonally known to e or has produced
who did (did not) take an oath.
and State last aforesaid this the~day of ~,
NOTARY PUBUC-STATE OF FLORIDA
....,'"..".. Catherine Cherry-Guberman
i W 1 Commission #D0792144
~.!!II/ E:qlireS: MAY 27,2012
90MiiEil nulllJLAll'TlC 1(lIIWl~ cq., ~I;
WITNESS my hand and official seal in the Coun
2010.
&wLljJ/V.iJl.fuu.j~ . !Jij.{.JLi'YUfJ!\
Notary Public ..
Notary Stamp or Seal
This permit is issued in duplicate. Please ign both copies and return both copies to LWDD for
signature. The permit is valid only after both t e Permitter and Permittee have signed. Construction in
LWOO rights-of-way prior to receiving the exec ted permit is not allowed.
The Permittee must have a copy of the ful y executed permit posted at the jobsite prior to any
construction. Failure to comply may result n the jobsite being shut down.
maw\$jw\OB-8532U.01 city of boynton beach construction permit eissue.doc Rev. 1.11.08
The City of Boynton Beach
..<1(
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
May 27, 2010
Mr. Patrick M. Martin, P.E.
Director of Engineering
Lake Worth Drainage District
13081 Military Trail
Delray Beach, FL 33484-1105
Re: Resolution 10-053 Conditional Permit Agreement Reissue CPA No.
1140 and CPA No. 1141
Dear Mr. Martin:
Enclosed for your handling are the Conditional Permit Agreements mentioned above
and a copy of the resolution that was approved by the City Commission at their regular
meeting on May 15, 2010. Once the agreements have been signed, please return one
set of originals to the City Clerk's Office for our Central Files.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
cm OF BOYNTON BEACH
~.P~
J net M. Prainito, MMC
City Clerk
Enclosures
(5 Permits & Resolution 10-053)
tis
S: \ cc \ WP\AFTER COMMISSION\ Other Transmittal Letters Mter Commission \20 I 0 \R I 0-053 Conditional Permit
Agreement Reissue.doc
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