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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. — - • • • • • • Page 2