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