R93-57RESOLUTION NO. R93-~-~
A RESOLUTION OF THE CITY COM~ISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, RATIFYING THE SOUTH CENTRAL
REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF FEBRUARY 8, 1993, AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A RIGHT OF ENTRY
AGREEMENT FOR CONSTRUCTION OF DECHLORINATION
FACILITY, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, The South Central Regional Wastewater Treatment
& Disposal Board (SCRWTDB) requests ratification of action
taken by the Board on February 8, 1993, by the Cities of
Boynton Beack and Delray Beach~ wherein a Right of Entry
Agreement for Construction of Dechlorination Facility with the
City of Delray Beach was entered into;
NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, does hereby ratify the action taken by the
South central Regional Wastewater ~reatment & Disposal Board
on February 8, 1993, and authorizes and directs the Mayor and
City Clerk to execute a Right of Entry Agreement for
Construction of Dechlorination Facility between SCRWTDB and
the City of Delray Beach, which Agreement is attached hereto
as Exhibit "A".
Section 2. This
immediately upon passage.
Resolution shall take effect
PASSED AND ADOPTED this ~ day of April, 1993.
M~.Y~,/F~~LORIDA
ATTEST:
CiG Clerk
Commissioner
(Corporate Seal)
RIGHT OF ENTRY AGREEMENT FOR
CONSTRUCTION OF DECHLORiNATION FACILITY
THIS AGREEMENT, made and entered into this 8th day of
February , 1993, by and between the SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD, (hereinafter referred
to as "SCRWTDB"), and CITY OF DELRAY BEACH, FLORIDA, (here-
inafter referred to as "Owner"), provides as follows:
W I TN E S SE TH:
WHEREAS, Owner is the owner of certain real property in
Delray Beach, Florida, known as the Boy Scout Hut, as said
property (the "Property") is legally described in Exhibit "A"
Owner is willing to permit SCRWTDB to enter onto
in order to install and maintain the
facility, and to grant the SCRWTDB the right to
property for the perpetual maintenance of the
attached hereto and incorporated herein by reference; and
WHEREAS, $CRWTDB desires to construct a new dechlorination
facility (the "Facility") as depicted in Exhibit "B" on the
property; and
WHEREAS,
its property
dechlorination
enter onto the
Facility.
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations, receipt
and sufficiency of which is hereby acknowledged, SCRWTDB and
Owner hereby agree as follows:
1. Premises. The Property subject
consists of property described in Exhibit
ments and appurtenances thereto.
2. Term. The term of this agreement
the date of full execution of this agreement
to this agreement,
"A" and all improve-
shall commence on
(the "Commencement
Date") and shall extend for a period of twenty-five (25) years
(the "Termination Date") unless sooner terminated pursuant to
the provisions of this agreement. This
extended another twenty-five
sent to Owner within ninety
date.
3.
Agreement may be
25) years if written notice is
(90) days prior to termination
Acceptance of Premises. SCRWTDB certifies that it
has inspected the Premises and accepts same "as is", in its
existing condition as of the Commencement Date of this
Agreement. No repair work, alterations, or remodeling of the
Premises is required to be done by Owner as a condition of this
Agreement.
4. SCRWTDB's Work. $CRWTDB agrees to perform all work
at its own cost and expense, which is necessary to fully equip
and maintain the facility for the lawful use as described in
Paragraph 5 of this Agreement. SCRWTDB agrees to submit
detailed plans and specifications for all construction work to
Owner for Owner's written approval prior to commencing work.
All work done by $CRWTDB in connection with any alterations,
repairs and maintenance on the Premises shall be done in a good
and workmanlike manner and shall be diligently prosecuted to
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completion strictly
cations.
5. Use of Premises. SCRWTDB shall
solely and exclusively for the operation of
in accordance with the plans and specifi-
use the Premises
its dechlorination
facility. $CRWTDB shall not use, permit or Suffer the use of
the Premises for any other purpose whatsoever without the prior
written consent of Owner.
6. Waste or Nuisance. $CRWTDB shall not commit or
suffer to be committed any waste upon the Premises or any
nuisance or other act or thing which may result in damage or
depreciation of value of the Premises or which may affect
City's fee interest in the Premises. All refuse is to be
removed from the Premises at SCRWTDB's sole cost and expense
and SCRWTDB will keep such refuse in proper fireproof
containers on the interior'of the Premises, the parking areas
and other contiguous areas to the Premises free and clear of
obstruction.
7. Governmental Requlations. SCRWTDB shall, at
SCRWTDB's sole cost and expense, comply with all ordinances,
rules, regulations, orders and requirements of all county,
municipal, state, federal and other applicable governmental
authorities, now in force, or which may hereafter be in force,
pertaining to SCRWTDB, its use of the Premises, or the Premises
generally.
8. Owner shall not be obligated or required to make or
conduct any maintenance or repairs to $CRWTDB's facility.
9. Indemnification. SCRWTDB shall, to the extent
permitted by law, indemnify and save harmless the Owner from
and against any and all claims, suits, actions, damages and/or
causes of action arising during the term of this lease for any
personal injury, loss of life and/or damage to property
sustained in or about the Premises by reason or as a result of
the use and occupancy of the Premises by SCRWTDB, its agents,
employees, licensees, invitees, and the general public and from
and against any orders, judgements, and/or decrees which may be
entered thereon, and from and against all costs, attorney fees,
expenses and liabilities incurred in and about the defense of
any such claim. This indemnification of Owner by SCRWTDB
includes, without limitation, diminution in value of the
Premises, damages for the loss or restriction of use of the
Premises, or damages arising from any adverse impact on the
marketability of the Premises, which arise as a result of the
introduction during the term of this Agreement of any hazardous
substances. In the event Owner shall be made a party to any
litigation commenced against the SCRWTDB or by the SCRWTDB
against any third party, the SCRWTDB shall protect and hold
Owner harmless and pay all costs and attorney's fees incurred
by Owner in connection with such litigation, and any appeals
thereof. Nothing contained herein shall be construed as a
waiver of sovereign immunity enjoyed by the parties hereto, as
provided in Florida Statutes 768.28, as amended.
10. Riqht of Entry. Owner agrees to permit SCRWTDB, its
employees, agents, contractors, and subcontractors to enter
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upon and perform construction and maintenance tasks on the
Facility associated with the property described in Exhibit "A".
SCRWTDB and its agents shall have the right to enter upon the
property at all reasonable times to examine the Facility, and
to make such repairs, alterations, improvements
SCRWTDB may deem necessary or desirable.
11. Work Schedule. $CRWTDB agrees to
working schedule of the Facility construction
or additions as
coordinate the
project with the
Owner
in order to minimize any impact to the Owner.
12. Termination. In the event that the facility is
abandoned by SCRWTDB, then the agreement shall terminate.
Within 90 days of the termination of this Agreement, or the
expiration of the term of this Agreement, $CRWTDB shall, at the
City's option, remove any and all improvements and restore the
property to its original condition. Should the City decide
against having the SCRWTDB remove the improvements, title to
said improvements shall vest in the City upon termination of
the Agreement. All costs of such removal and restoration to be
borne by the SCRWTDB.
13. Restoration.
the construction of
SCRWTDB agrees
the Facility,
that, upon completion of
it will restore Owner's
property,
14.
attached kereto and forming a part thereof as if
forth herein, constitute all agreements, conditions
standings between Owner and $CRWTDB concerning the
All representations,
including landscaping to its previous condition.
Entire Agreement. This Agreement and any Exhibits
fully set
and under-
Premises.
either oral or written, shall be deemed to
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be merged into this agreement. Except as herein otherwise pro-
vided, no subsequent alteration, waiver, change or addition to
this Agreement shall be binding upon Owner or SCRWTDB unless
reduced to writing and signed by them.
15. Notice. Any consents, approvals and permissions by
the Owner shall be effective and valid only if in writing and
any notice by either party to the other shall be in writing and
mailed prepaid by certified mail return receipt requested,
addressed:
Owner:
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
$CRWTDB:
16. Waiver of Jury Trial. The parties hereto waive trial
by jury in connection with proceedings or counterclaims brought
by either of the parties hereto against the other in connection
with this Agreement.
17. Governinq Law. This Agreement shall be governed by
and interpreted according to the laws of the State of Florida
and venue shall be in Palm Beach County, Florida.
18. Time of Essence. Time is of the essence with respect
to the performance of every provision of this Agreement in
which time of performance is a factor.
19. Severability. If any term of this Agreement, or the
application thereof to any person or circumstance, shall to any
extent be invalid or unenforceable, the remainder of this
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Agreement, or the application of such term to persons or
circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each term of
this Agreement, shall be valid and enforceable to the fullest
extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have duly executed
first above written.
this Agreement as of the day and year
WITNESS:
/ /
?
Sand,,/ s~anson
(type or print name)
SOUTH CE T L WASTEWATE
' O~i;ma~of the Board
ATTEST:
City C!e~k ~
Approved as to Form and
City Attorney
CITY OF D~ELRAY BEACH, FLORIDA
- T~a:~h, Mayor
ATTEST:
City Clerk ..~
Approv~as~ Form and
Legal ,Suffikienc~i
City~Attor~
CITY OF BOYNT~N BEACH, FLORIDA
Mayor / /
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