Loading...
R02-033 RESOLUTION NO. R 02- A RESOLUTION OF ]?lie CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A TEMPORARY FENCING, LANDSCAPING AND MAINTENANCE PERMIT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, NAUTICA HOMEOWNERS ASSOCIATION AND SAUSALITO PLACE WiTH LAKE WORTH DRAINAGE DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WltEREAS, the City Commtssion, upon recommendation of staff, deems it to be m the best interests of the citizens and residents of the City to apply for a temporary fencing, and maintenance permit in partnership with Nantica Homeowners Association and Sausalito Place Homeowners Association and LWDD to install fences and landscaping on the for the East and West sides of Lawrence Road, across the Lake Worth Drainage ~WDD) Lat~al Canal No. l; and WHEREAS, once installed, Nautica and Sausalito Place Homeowners Associations be responsible for the maintenance of the fence and gates and for the humming of the their respective properties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF IOYNTON BEACH, FLORIDA, THAT: Section 1. The City Comrrfission of the City of Boynton Beach, Florida does authorize and direct the Mayor to execute a Temporary Fencing, Landscaping and Permit Agreement between the City of Boynton Beach, Nautica and Sausalito ttached hereto as Extfibit "A." Section 2. e District, a copy of said agreement This Resolution shall become effective immediately upon passage. BB Nautica Sausalito Agr.doc PASSED AND ADOPTED this Iq day of February, 2002. 71TYt~~*O¢~i~CITY O BO / B CH, FL~ORIDA~ Comssion~ }021202 Nautica Sausalito Agr.doc RETURN TO: Lake Worth Drainage District 13081 Military Trail Delray Beach, FL 33484 PREPARED BY: Mark A. Perry Perry and Schone, P.A. 50 SE Fourth Avenue Delray Beach, FL 33483 FP No. 01-6174F.01 October 24, 2001 TEMPORARY FENCING, LANDSCAPING AND MAINTENANCE PERMIT Whereas, The City of Boynton Beach, Nautica Homeowners Association and Sausalito Place Homeowners Association are requesting a permit for permission to install fences and landscaping to be located at the properties described in Exhibit "A" attached; and further, for permission to install fence(s) in accordance with the location and requirements of the LAKE WORTH DRAINAGE DISTRICT perpendicular to and within the District's right-of-way for Canal No. L-21, and to thereafter have access to maintain the landscaping; and Whereas, the LAKE WORTH DRAINAGE DISTRICT has considered the said application and does grant a Temporary Permit for the installation, erection, and maintenance of the fence(s) to be erected across that portion of the dry land or berm of LAKE WORTH DRAINAGE DISTRICT Canal No. L-21 right- of-way contiguous to the property described in Exhibit "A" running down to the water's edge. With respect to the landscape maintenance obligation, that obligation shall be the responsibility of the Nautica Homeowners Association and the Sausalito Place Homeowners Association, and the Lake Worth Drainage District consents to limited access to the property for maintenance of the landscaping. The foregoing obligation to be accomplished in accordance with the requirements and approved location of said District under the express condition that the pe~mittee or the successor in title does agree to indemnify and hold harmless the said District of and from all loss or liability incident thereto or emanating therefrom, it being the expressed intention of the parties that the permittee or the permittee's successor in title shall completely protect the said District from any and all liability it may or might incur by having granted this special permit; and Under the further condition that said permittee shall cause two 12 foot gates to be installed in the Said fence(s) so as to permit the LAKE WORTH DRAINAGE DISTRICT ready access and use to its right-of- way and further said District shall provide two (2) locks and four (4) keys to said lock(s) to the permittee for access as and when necessary. All of same to be accomplished at no liability, no expense and no further costs to the LAKE WORTH DRAINAGE DISTRICT. If the proposed location of the fence/gate is adjacent to or in the Boca Del Mar Master Association's limits, approval shall be secured from Boca Del Mar Master AssociatiOn prior to the commencement of construction. FP No. 01-6174F.01 October 24, 2001 The said permittee or the successor in title to the lands described in Exhibit "A" by the recordation of this permit agrees to remove at said permittee's sole expense, the said fence(s) and restore the right-of- way to its former condition upon receiving sixty (60) days notice to doso and in the event of the failure to meet this commitment, it is mutually agreed that the LAKE WORTH DRAINAGE DISTRICT may thereafter remove the same at its expense and recover all related expenses including a reasonable attorney's fee from the owner of the upland property described in Exhibit "A". This permit including the rights and obligations thereunto appertaining, shall insure to the benefit of and shall run with the ownership of the lands described in Exhibit "A". Where the context of this permit agreement allows or permits, the same shall include the Heirs, personal representative, successors or assigns of the parties. This permit does not relieve the permittee of the responsibility of securing any additional permits, which may be needed. This permit issued this day of ,2001 . LAKE WORTH DRAINAGE DISTRICT BY: ATTEST: President, Its Board of Supervisors C. Stanley Weaver 13081 Military Trail Delray Beach; FL 33484 Secretary William G. Winters 13081 Military Trail Delray Beach, FL 33484 (CORPORATE SEAL) STATE OF FLORIDA) 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 C. Stanley Weaver and William G. Winters, well known to me to be the President and Secretary respectively of the Lake Worth Drainage District named in the foregoing instrument, and that they severally acknowledged executing the same under authority vested in them by said District and that the seal affixed thereto is the true corporate seal of said District. Witness my hand and official seal in the County and State last aforesaid this ,2001. day of~ Notary Public, State of Florida at Large Joann M. Ayior My Commission Expires: ACCEPTANCE FP No. 01-6174F.01 October 24, 2001 WITNESSES (2) Pr/i~ted Name S/~r?tary ~ Printed Name STATE OF ) COUNTY OF ) SAUSALITO PLACE HOMEOWNERS ASSOCIATION ) ~r~'~ident Printed Name Address Secre,taz/ Printed Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in t~e State and Cqunty aforesaid to take acknowledgments, personally appeared ~'~c)r~ \~-_~ fl~a~\(~¥-~"-,~ ~ and ~ ~~ ~.~.~ the President and Secreta~, respectively, of SAUSALITO PLACE HOMEOWNERS ASSOCIATION, both of whom acknowledged executing the foregoing instrument, are known to me_or produced as identification, and did / did not take an oat~. W~SS my hand and official seal in the Coun~ and State last aforesaid this / ~ day of / Nota~ Public, State of: ~~h Printed Name My Commission Expires: ACCEPTANCE FP No. 01-6174F.01 October 24, 2001 WITNESSES (2) Printed N~me STATE OF ) COUNTY OF ) ~~President. ~ NAUTICA HOMEOWN ERS ASSOCIATION BY: Y Printed Name Address A-I-I-EST:~ ~'~~ Printed Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and Counl[y a~resaid to take acknowledgments, personally appeared '~'~"~ ~ ].._. ).. x/ ~l~Jr~ _ and F~-[ '-J~.t~Z~__.lCV'~L=br'~ . the President and Secretary, respectively, o~ NAUTICA HOMEOWNERS ASSOCIATION, both of whom 'acknowledged executing the foregoing instrument,~are known to me or produced as identification, and did / did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this ~-~.-h-~,~.~._~ ,2gOt..~r'~ . Notary Public, State of: Printed Name My Commission Expires: ]/Jr'~X day of .......... I IL.Z-' ' III1~,. .$ .. ;:, CHRISTINE RO~.RI'~ --- I! 4 FP No. 01-6174F.01 October 24, 2001 EXHIBIT 'A" Whereas, the City of Boynton Beach is requesting a permit to install fences on the East and West sides of Lawrence Road across the LWDD Lateral Canal No. 21 FP No. 01-6174F.01 October 24, 2001 ACCEPTANCE This permit agreement, along with the terms thereof, are this day agreed to and accepted by the undersigned owner this day of ,2001 . WITNESSES (2) S~.g,natu r~ __ /~..' ,, Sgcretary ~ ~ Printed Name STATE OF ) COUNTY OF ) THECITY.OE OYNTON BE CH Mayor Printed Name Address ~ ~O~; ~ity Clerk '~',z - -~':F~O~ ...... q ~,xx-'~ Printed~me I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ~-'¢ ~-~gJ~J~ /~roe rlirtj and ~r-~l ~,;~Co , the Mayor and City Clerk, respectively, of THE CITY OF BOYNTON BEACH, both of whom acknowledged executing the foregoing instrument, are known to me and did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this __ , 200~. Notary Public, State of: Printed Name ........................ IL_' ....... ~ ~!, II ~;~'- ~..~ 3