R20-125 1 RESOLUTION NO. R20-125
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND ACCEPTING A PERMANENT
5 DRAINAGE EASEMENT TO RECEIVE DISCHARGE FROM THE
6 INDUSTRIAL WAY DRAINAGE SYSTEM AND AUTHORIZE THE
7 RECORDING OF THE EASEMENT WITH A LUMP SUM
8 PAYMENT OF $12,500.00 TO BOYNTON BEACH DISTRIBUTION
9 CENTER MASTER ASSOCIATION FOR ACQUISITION OF THE
10 EASEMENT; AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, the Public Works Department Engineering Division is implementing
13 drainage and road improvements to the Industrial Way right-of-way; and
14 WHEREAS, staff is requesting the City Commission approve, have recorded in the
15 public records, and authorize funds to obtain the permanent drainage easement needed to
16 provide a drainage outfall for the Industrial Way drainage system ; and
17 WHEREAS,the easement is necessary to allow the permitting of the connection to the
18 existing storm water pond and to provide permanent access for ongoing maintenance and
19 inspection of the system; and
20 WHEREAS,the City Commission,upon recommendation of staff,deems it in the best
21 interest of the Citizens and residents of the City of Boynton Beach to approve and accept a
22 permanent drainage easement to receive discharge from the Industrial Way drainage system
23 and authorize the recording of the easement with a lump sum payment of $12,500.00 to
24 Boynton Beach Distribution Center Master Association for acquisition of the easement.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
27 Section 1. The foregoing"WHEREAS"clauses are true and correct and hereby
28 ratified and confirmed by the City Commission.
29 Section 2. The City Commission of the City of Boynton Beach hereby approves
30 and accepts a permanent drainage easement to receive discharge from the Industrial Way
S:\CA\RESO\Accepting Permanent Drainage Easement Industrial Way-Reso.Docx
1 drainage system and authorize the recording of the easement with a lump sum payment of
2 $12,500.00 to Boynton Beach Distribution Center Master Association for acquisition of the
3 easement. A copy of the Drainage Easement Agreement is attached hereto as Exhibit"A".
4 Section 3. That this Resolution will become effective immediately upon passage.
5 PASSED AND ADOPTED this 17th day of November,2020.
6 CITY OF BOYNTON BEACH,FLORIDA
7 YES NO
8
9
10 Mayor—Steven B. Grant
11
12 Vice Mayor—Ty Penserga ✓
13
14 Commissioner—Justin Katz }'
15
16 Commissioner—Woodrow L. Hay
17
18 Commissioner—Christina L. Romelus ✓
19
20
21 VOTE y—()
22
23
24 ATTEST:
25
26
27 /�
28 C tal Gibson,MMC
29 City Clerk
30
31
32
33 (Corporate Seal)
34
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S:\CA\RESO\Accepting Permanent thInage Easement Industrial Way-Reso.Docx
This Instrument Prepared By:
Sean M.Swartz,Esquire
GOREN,CHEROF,DOODY&EZROL, P.A.
3099 E.Commercial Blvd., Suite 200
Fort Lauderdale,Florida 33308
DRAINAGE EASEMENT AGREEMENT
This Drainage Easement Agreement is made on this day of
2020 by BOYNTON BEACH DISTRIBUTION CENTER MASTER ASSOCIATION,
INC., a Florida not for profit corporation (hereinafter the "Grantor") to and in favor of the
CITY OF BOYNTON BEACH, a Florida municipal corporation (hereinafter the
"Grantee") whose address is 100 E. Ocean Ave., Boynton Beach, Florida 33435.
WITNESSETH
WHEREAS, Grantor is the owner of that certain real property (hereinafter the
"Easement Property") located in Palm Beach County, Florida, more particularly described
as follows, to wit:
TRACT D-1, BOYNTON BEACH DISTRIBUTION CENTER, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGE 100 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA
WHEREAS, Grantee intends to install a drainage system that will receive all the
water ponding on Industrial Way, which drainage system will provide water quality
treatment via exfiltration trench, and convey/discharge water into the lake (the "Drainage
System"); and
WHEREAS, Grantor agrees to grant to the Grantee for the purpose of drainage
from the Drainage System on the adjacent real property, an easement over, under, across
and upon the Easement Property.
WHEREAS, Grantee agrees to pay to the Grantor, a one time lump sum payment
of Twelve Thousand Five Hundred and 00/100 ($12,500.00) Dollars for the easement
rights described herein; and
NOW, THEREFORE, for and in consideration in hand paid by Grantee to Grantor
and other good and valuable consideration, the receipt and sufficiency of which Grantor
hereby acknowledges, Grantor agrees as follows:
{00396928.1 306-9905509}
1. Grant of Easement. Grantor does hereby grant and convey to Grantee a non-
exclusive permanent easement over, under, across and upon the Easement Property
("Easement").
2. The Easement is hereby granted and conveyed for the purpose of drainage from the
Drainage System on the adjacent real property over, under, across and upon the Easement
Property.
3. Use of Easement. Grantee shall have the right to do all things reasonably necessary,
useful or convenient for the purposes outlined in Section 2, which do not cause any
damage to the Easement Property; increase the cost of maintaining or insuring the
Easement Property, or otherwise impede its use as water retention for the Grantor's
members and tenants.
4. Perpetual Duration. This Easement shall be perpetual in duration and shall not be
changed, altered or amended except by a written instrument executed by Grantor and
Grantee or their respective successors or assigns.
5. Covenants of Grantor. Grantor hereby warrants and covenants the following:
a) Grantor is the owner of fee simple title to Easement Property.
b) The Grantor has good right and lawful authority to grant and convey this
Easement Property to Grantee.
c) Grantee shall have quiet and peaceful possession, use and enjoyment of this
Easement Property, subject to the terms and obligations as set forth herein.
6. Remedies for Breach. Grantor and/or Grantee shall each have the right to enforce the
terms of this Easement and the rights and obligations created herein by all remedies
provided under the laws of the State of Florida, including without limitation, the right to
sue for damages for breach or for injunction or specific performance. In the event that it is
necessary for either Grantor and/or Grantee to file suit in order to enforce the terms hereof,
then the prevailing party in such suit shall be entitled to be paid reasonable attorney's fees
and court costs in addition to any other award that the Court might make from the non
prevailing party.
7. Covenant Running with the Land. This Easement and all conditions and covenants set
forth herein are intended and shall be construed as covenants running with the land,
binding upon and inuring to the benefit of Grantor or Grantee, as the case may be, and their
respective heirs, successors and/or assigns, including without limitation, all subsequent
owners of the Easement Property and all persons claiming by,through and under them.
(00396928.1 306-9905509}
8. Indemnification and Hold Harmless. To the extent permitted by law and subject to the
limitations of Section 768.28 F.S., Grantee agrees to indemnify, defend and hold Grantor
harmless from any liability or damages including all actual costs and attorneys' fees
associated therewith arising out of the Grantee's rights and obligations under this
Easement. This provision shall not constitute a waiver of sovereign immunity.
(This Space is Intentionally Blank; Signature Page to Follow)
(00396928.1 306-9905509)
IN WITNESS WHEREOF, Grantor have executed and delivered this Drainage
Easement Agreement on the day and year written in the first paragraph.
GRANTOR:
BOYNTON BEACH DISTRIBUTION
CENTER MASTER ASSOCIATION, INC., a
Florida Corporation
By:
Print Name:
Title:
Signed, sealed and delivered
in the presence of:
WITNESSES:
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 2020 by means of physical presence online notarization
by , as of the
corporation, who is personally known to me or who has produced a Florida
Driver's License as identification.
NOTARY PUBLIC
(00396928.1306-9905509)