R00-075RESOLUTION NO. R00-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN ASSIGNMENT OF CONDITIONAL
PERMIT AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE 3925 CORPORATION
AND THE LAKE WORTH DRAINAGE DISTRICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by a certain Conditional Permit Agreement
1999, between Lake Worth Drainage District and 3925 Corpors
Drainage Distdct granted 3925 Corporation permission to cor
with the District's right-of-way of Lateral Canal No. 24, s~
contained in the permit; and
WHEREAS, the City must now accept assignment o
finalize transfer of that main to the City for operation and mainte
NOW, THEREFORE, BE IT RESOLVED BY THE CIT'
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Jated December 16,
[ion, the Lake Worth
struct a water main
~bject to the terms
that Agreement to
lance.
COMMISSION OF
Section 1______~. The City Commission of the City of Boy ~ton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute an
/
Assignment of Conditional Permit Agreement between the Cit~, of Boynton Beach,
/
Lake Worth Drainage District and 3925 Corporation, said Assi nment of Conditional
Permit Agreement being attached hereto as Exhibit "A".
Section2. This Resolution shall become effectiv
passage.
immediately upon
PASSED ANDADOPTED this ~/ dayof June, 2000.
CITY OE¢BOYr:JTON BEACH, FLORIDA
Vice Mayor
Mayor Pro Tom
Comm,ssi~o~_~ ~ /
~oner
ATTEST:
RETURN TO:
lAKE WORTH DRAINAGE DISTRICT
13081 Military Trail
Delray Beach, FL 33484
PREPARED BY:
MARK A. PERRY, ESQ.
Perry & Schone, P.A.
50 SE Fourth Avenue
DeJray Beach. FL 33483
ASSIGNMENT OF CONDITIONAL PERMIT AGREEMI~NT
CORPORATION Whose m
· o,,,,,~ duuress ,~ ~ ....... _~ R0:~, ~,~k',. ~,0,g~-Boca Raton,
Flor '
ida 3-3.4-34, the Assignor, CiTY OF BOYNTON BEACH, w. hose mailing address is 100
East Boynton Beach Blvd., Florida 33425-0310, the Assignee, ahd LAKE WORTH
DRAINAGE DISTRICT, a Special Taxing District, of 13081 Military rail, Delray Beach,
Florida 33484.
WHEREAS, by a certain Conditional Permit Agreement dated
between Lake Worth Drmnage District and 3925 Corporation, the
District granted 3925 Corporation permission To construct a water main
right-of-way of Lateral Canal No. 24 subject to the terms contained in the
WHEREAS, 3925 Corporation desires to transfer the Conditional F
the City of Boynton Beach.
NOW, THEREFORE, it is agreed:
1, ASSIGNMENT: In consideration of the sum of TEl',' DOL
receipt of which is hereby acknowledged, the Assignor hereby assigns
said Conditional Permit Agreement dated December 16, 1999, subject,
terms, conditions, and stipulations contained in the said Conditional Perm
2..ASSIGNEE'S COVENANTS: The Assignee agrees to pay all obli
'ecember 16, 1999
:e Worth Drainage
ithin the District's
~ermit
;rmit Agreement to
kRS ($10.00), the
the Assignee the
wertheless, to the
Agreement.
ations owing as
3925corp.
required by t~e Conditional Permit Agreement, that may accrue after the date hereof; and
further agrees to be bound by and responsible for the conditions and slipulations contained
in the said Conditional Permit Agreement arising from and after the date of this Conditional
Permit Agreement. Further, Assignee agrees to pay all expenses emanating out of and
relating to the preparation of the terms of this Conditional Permit Ag~ eement Assignment,
which shal total $150.00 and shall include but not be limited to atto. ~eys' lees, recording
fees and administration fees.
3. APPROVAL: LAKE WORTH DRAINAGE DISTRICT hereby ~ :cepts and approves
the Assignment of the Conditional Permit Agreement from 3925 Corp¢ ration to the City of
Boynton Beach, as Assignee, so long as Assigl~ee observes and perf¢ rms all obligations,
terms, and conditions contained in the subject agreement and assignmen
IN WITNESS WHEREOF, the parties have hereunto executed this ~ssignment the day
and year first above written.
LAKE ,WORTI7(DRA~?GE DI
8y: ./7_,-
~DHN L ~HI~ORTk
/ 13081 Milita~ Trail
/ Delray Beach, FL 334~
13081 Milita~ ~rail
Delray Beach, FL 3348,
III, President
Sec~retary
Corporate Sea]
3925corp.
( 1 ) Witness Signature
Pdnted Name of Wimess
Corporate Se~l
[1 ) Witness~ignature
Printed Name of Witness
Coruorate Seal
ASSIGNOR: ~The 3925 Corporation
Printed Name and Title
Boca Raton, Florida
Printed Name and Title
Printed Name and Title
120 East Boynton Bead
Boynton Beach, Florida
Blvd.
33425-0310
392Scorp.
STATE OF FLORIOA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid
to take acknowledgments, personally appeared ,JOHN I. WHITWORTH, III and WILLIAM G. WINTERS, the President
and Secretary respectively, of the LAKE WORTH DRA NAGE DISTRICT, both of whom acknowledged executing the
foregoing instrument, and are known to me, and did not take an oath.
WITNESS my hand and official seat in the County and State last aforesaid this the ._~ day of
,1999.
NOTARY PUBLIC
Printed Name of Notary
State of Florida
My Commission Expi~s:
STATEOF ['4.,,O~.tJ~j~ :
COUNTY OF ~1~.~ t~.,.~
HEREBY CERTIFY that on th s day, before me, an officer duly authorized in the State and County aforesaid
to take acknowledg?ents, personally appeared ~,~/tl,.I.t~ I.,l~'-p~"~"'ll',J and
the ¥ ~'~"& President and Secretary, respegively, of The 3925 Corporatibn. He/She/They is/are
~~nt~ ~n°or,ht~.~ave pr°duced -/'/)~' as identification, and
WITNESS my hand and &fficial seal in the County and State last aforesaid this the ~'~J~ day of
,1999. -,
" ~'~"~'~"--N OTAIt~ PUI~
Printed Name of Notary
State of
My Commission Expires:
3925corp.
4
STATE OF
COUNTY OF
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the~
to take acknowledgments personally .appeared ~ ~~ and ~
the '~/~ ..~/.~.,/1-. 'and ~ ~ respectively, of Ci~'~.~f Boynton B
persomdly kms~Swn to me, .- h _' . : ,:: ._
who did (did noO take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this the
2-000,
NOTARY PUBLIC
Printed Name of Notary
State 'of
My Commission Expires:
rate and County aforesaid
:ach, H'~'s~They .i~Vare
~ !dcr. t~,~cc, tk:t, and
day of_~
3925corp.
CPA 691-B
99-5012U.04
CONDITIONAL PERMIT AGREEMENT
WHEREAS, The 3925 Corporation, hereinafter called Licensee,. has requested from the LAKE
WORTH DRAINAGE DISTRICT, hereinafter called Licensor, a temporary Conditional Permtt {o construct
and maintain the facility described on the attached Exhibit, subject, however, to the following conditions:
The payment by Licensee of the sum of SN/A
In the event it becomes necessary for the Lake Worth Drainage District to expand or further utilize its
facilities within its right-of-way, the Licensee shall after reasonable notice (the same not to exceed sixty (60)
days.,) e~ffec~ s.uch re-installation of th~ permitted facility as the Lake Worth Drainag~ District may reasonably
reqmre Irom mine to time so as to allow and not delay the Lake Worth Drainage Di.s~ict Canal or right-of-way
tmprovements and further, the Lmensee shall maintain in good safe operating condition the facility permitted
~and involved herein.
It is mutually understood and agreed between the parties hereto that this
recorded~
This agreement may never be assigned withom the written consent of th
District.
Upon the full and complete execution of this instmmem, the Licensor ackno~
and grants the requested Conditional Permit and Licensee agrees to effect and co~
Licensor, the installation involved herein within sixty (60) days from the date of this in
~trument shall never be
Lake Worth Drainage
edges receipt of payment
tplete, at no cost m the
;trument.
Licensee may, at its sole expense, modify the facility involved and installed
that same does not unreasonably interfere with Licensor's use of its fight-of-way an
the plans and specifications for such modification have been approved in wfi
modification to be accomplished with no further payment to Licensor.
No sampling points, corporation stops (air release valves), valve boxes or otl
permitted within the Lake Wo~h Drainage District right-of-way unless specifically sh
the plans and designed to withstand the normal and routine maintenance of the District.
Forty-eight (48) hour notice will be given to Lake Worth Drainage District prl
of construction activity.
Facilities backfilled prior to receiving Lake Worth Drainage District approw
visual inspection.
It is not the intention of this Permit Agreement m approve of the const
installation of the herein approved utility crossing. It shall be the responsibility of t
installing the above describod facility to maintain the continuous uninterrupted free fl{
It shall further be the duty of the Licensee to obtain the approval of the District for ~
which would be contrary to the above. The Licensee shall also be responsible for the i
and/or turbidity barriers as necessary to maintain the clarity of the water. FAILUIt
WRITTEN NOTICE OF A VIOLATION OF THIS PARAGRAPH SHALL, AFTE
DAYS, AUTOMATICALLY VOID THIS CONDITIONAL PERMIT AGREEMENT.
;rein under the condition
under the condition that
~g by Licensor. Such
er appurtenances will be
)wn and dimensioned on
~r to the commencement
[twill be uncovered for
uction methods for the
~e Licensee's contractor
of water in the canal.
ay construction methods
astallation of silt screens
TO COMPLY WITH
FIVE (5) WORKING
CP3~ No. 691-B
99~5012U.04
Licensee, agrees to indemnify and hold harmless the "DISTRICT" from and against any and all losses,
claims, demands, damages; costs and expenses, of whatever kind or nature, including reasonable attorneys'
fees, related to or arising out of any claims against the "DISTRICT" as a result of Licensee's use of the facility
permitted and involved herein.
Licensee shall provide Licensor with all reasonably requested liability insurange listing the Licensor as
ma additional named insured. : , , , .
The address appearing beneath the Licensee s signature shall, for.notice purposes, be considered as the
permanent mailing address of said Licensee unless the Licensor has been notified of a change of address in
~writing.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hand(s)
dayJof
WITNESSES:
(Corporate Seal)
~d seal(s) this the
· 19
LICENSOR:
/////l~6~idedt/Its~Board oI Supervisors
J ~John L Whitworth, III
ATTEST:
By:
/ Winters
td Seal(s) this the
IN WITNESS WHEREOF. the parties hereto have hereumo set their hand(s)
t~O'~ dayof 'tl~¢lt~v~,l,~ , 19qe~ .
WITNESSES:
(Corporate Seal
LICENSEE:
~TTEST: ~
~Permanent Mailing Address of Licensee:
CPA No.691-B
99-5012U.04
EXHIBIT
To construct one (1) 8" D.I.P water main in the L-24 south right-of-way from Lawrence Road east for
approximately 400 feet. It is mutually understood that the lines within the right-of-way be at least a minimum
of 36't below grade at alt underground points in the design section areas of this canal. 3kll other details shall be
as shown'on the drawings on filein the office of the Lake Worth Drainage District. Said drawings were
prepared Malcolm Cooper, P.E. (sheets 1, 2 and 4 of 4A Job #98~968) and were signed and sealed by Michael
B. Schorah, P.E., President, for the finn of Michael B Schorah & Associates, Inc.
, _ 7/ No. CPA -162
u NDITIONAL PERMIT AGREEMENT
WHEREAS- City of Boynton Beach
,nereinafter called Licensee, has requested from the LAKE WORTH DRAINAGE DISTRICT, herein-
after called Licensor, a 99 year Conditional Permit to construct and maintain the facility
described on the attached Exhibit, subject, however, to the following conditions:
The payment by Licensee of the sum of $300.00; / I- ° .
•
In the event it becomes necessary for the Lake Worth Drainage District to ex-
pand or further utilize its facilities within its right -of -way, the Licensee shall after
reasonable notice (the same not to exceed sixty (60) days,) effect such re- installation
as the Lake Worth Drainage District may reasonably require from time to time so as to
allow and not delay the Lake Worth Drainage District canal or right -of -way improvements
and further, the Licensee shall maintain in good safe operating condition the facility
permitted and involved herein.
It is mutually understood and agreed between the parties hereto that this
instrument shall never be recorded. 0
This agreement may never be assigned to other than an affiliate of the Licensee
without the written consent of the Lake Worth Drainage District.
.Upon the full and complete execution of this instrument, the Licensor acknow-
ledges receipt of payment and grants the requested Conditional Permit and Licensee agrees
to effect and complete, at no cost to the Licensor, the installation involved herein with-
in sixty (60) days from the date of this instrument.
Licensee may, at its sole expense, modify the facility involved and installed
herein under the condition that same does not unreasonably interfere with Licensor's use
of its right -of -way and under th condition that the plans and specifications for such
modification have -been approved in writing by Licensor. Such modification to be accom-
plished with no further payment to Licensor.
The address appearing beneath the Licensee's name shall, for all purposes, be
considered as the permanent mailing address of said Licensee unless the Licensor has
been notified of a change of address in writing.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
this the day of , 19 _.
WITNESSES: LICENSOR -
LAKE WORTH DRAINAGE DISTRICr
By:
president, Its Board of Supervisors
ATTEST:
(Corporate Seal)
By:
Its Secretary
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *•* * * * * * * * * * * * * * *
WITNE ES: LICENSEE
.cam
( 1( By: Peter L. Cheney, City Manager
CITY OF BOYNTON BE
•
ATTEST: /
AO
/ r
BY: .4...... 1-'Aiimrair.JOArok
City lerk
(Corporate Seal) • Permanent Mailing Address of Licensee:
City of Boynton Beach
• P. O. Box 310
Boynton Beach, FL 33425
�,.
,.v. LIJA -Ah!
/: COL.JITIONAL PERMIT AGREEMENT
EXHIBIT
To construct one 10" D.T.P. force main over Lateral Canal No. 26
(1 -26), approximately 1000' west of Congress Avenues west R/W line. It 2 ,1. .
i5, mutually understood that the bottom of the utility line will be no
lower than elevation 16.0 m.s.l. and that the lines within the right-
of-way be at least a minimum of 36" below grade at all-underground points
it the design section areas of this canal. All other details shall be
as shown on the drawings on file in the office of the Lake Worth Drainage
District. .Said drawings were prepared by D.M. Ambrose Associates, Inc.,
6190 North Federal Hwy., Boca Raton, Drawing No. 82 -301.
•
•
No sampling points, corporation stops (air release valves), valve
boxes or other appurtenances will be permitted within the Lake Worth
Drainage District right -of -way unless specifically shown and dimensioned . -
on the plans and designed to withstand the normal and routine maintenance
of the District.
It is not the intention of this Permit Agreement to approve of the
. construction methods for the installation of the herein approved utility
cressing.- It shall be the responsibility of the licensee's contractor3
installing the above described facility to maintain the continuous unin-
terrupted free flow of water in the canal. It shall further be the duty
of the licensee to obtain the approval of the District for any construction
methods which would be contrary to the above. The licensee shall also
be responsible -for the installation of silt screens and /or turbidity
barriers as necessary to maintain the clarity of the water. 'FAILURE TO
COMPLY WITH WRITTEN NOTICE OF A VIOLATION OF THIS PARAGRAPH SHALL, AFTER
FIVE (5) WORKING DAYS, AUTOMATICALLY VOID THIS CONDITIONAL PERMIT AGREE-
MENT. — -
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