R90-204RESOLUTION NO.~0-J~
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
APPROVING THE RELEASE OF SURETY
FOR CONSTRUCTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR STOW-A-WAY STORAGE
WHEREAS, construction of the aforementioned water and
ewer systems is completed, and
WHEREAS, the water and sewer systems have passed all
)ertinent testing to date, and
WHEREAS, the developer has requested release of surety,
~nd
WHEREAS, the developer has
~asements and warranties.
provided all necessary
PASSED AND
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
~.ITY CO~rMISSION OF BOYIqTON BEACH, FLORIDA:
That the surety bond requirement ~or the water and
.~wer systems for Stow-A-Way Storage be released in full and
~he systems be accepted for ownership by the City.
~DoP~D TH~S /£~ DAY O~ ~~ ~0.
//~ -
'Co~ission Member
Member ~
(Co~p.~Seat)
A~ST:
SEWER AND WATER MAIN EASEMENT
Storage Partners Three, Limited, a Flcr~da Limited
Partnership, hereinafter referred to as "Grantor,,, and the City of
Boynton Beach, a municipal corporation of the State of Florida,
hereinafter referred to as the "Grantee", whose mailing address ms
124 SE 15th Avenue, Boynton Beach, Florida 33435.
1. Easement. Grantor does hereb~y~_grant to Grantee, its
successors and assigns, a non-exclusive easement over, under and
through each of the various parcels described on Exhibit "A"
attached hereto and made a part-hereof (hereinafter collectively
the '!Easement Parcels") for the construction, operation and
mainmenance of all water lines, sewer lines, and rela~ed facilities
and equipment installed within the Easement Parcels, with the right
to reconstruct, improve, enlarge, remove and otherwise maintain all
such facilities and equipment.
2. Access Riqhts. Grantee shall have the right of
ingress and egress to and upon the Easemen~ Parcels a~ all times
for the purposes stated under paragraph one (1) above. If the
construction, operation and maintenance of the foregoing facilities
and equipmen~ requires the removal of any asphalt or any lawn,
shrubbery or other l~ndscaplng,~ the foregoing'once removed shall
be replaced to substantially the same state and condition as
existing prior to such removal.
3. Grantor's Riqhts. The easements granted herein shall
in no way restrict the right and interest of the Grantor, its
successors and assigns, in the use, maintenance and quiet enjoyment
of the Easement Parcels; provided, however, that such use does not
unreasonably interfere with the rights granted to Grantee herein.
4. Duration.
the land in perpetuity
benefit of the parties
The easement granted herein shall run with
and shall be binding upon and inure to the
hereno, their successors and assigns.
IN WITNESS WHEREOF, the Grantor has caused ~his Sewer and
Water Main Easgment ~o be du~y executed and delivered according to
law on this /~ day of .~z~/~/~c~ , 1990.
Witnesses:
Grantors:
/
/
Storage Partners Pouz-'? Limited,
a Florida limited partnership
By:
Stow-A-Way Storage Centers
III, Inc., a Florida cor-
poration, General ~ +. ~
~ ar ~n~r
Todd Marshall, President
(Corporate Seal)
KNOW ALL MEN BY THESE PRESENTS, that Storage Partners
Three, Limited, a Florida limited partnership, party of the first
part, for and in c~@nsideration of the sum of Ten ($10.00) Dollars
lawful money of the United States, to it paid by the City of
Boyn~ton Beach of Palm Beach County, Florida, party of the second
part, the receipt whereof is hereby acknowledged, has granted,
bargained, sold, transferred and delivered, and by these presents
does grant, bargain, sell, transfer and-deliver unto said party o~
the second part, its successors and assigns, the following 'goods,
chattels and improvements:
Lift station, all water lines, sewer lines and
related facilities and equipment located
within the easement parcels described on
Exhibit "A" attached hereto.
TO HAVE .AND TO HOLD the same unto the said party of the
second part, its successors and assigns forever.
AND STORAGE PARTNERS THREE, LIMITED, for itself and its
successors covenant to and with the said party of the second part,
its successors and assigns, that the party of the first parL is the
lawful owner of said goods, chattels and improvements; that said
goods, chattels and improvements are free of all liens and
encumbrances; that it has good right to sell the same aforesaid,
and it will warran5 and defend the sale of the said goods chattels
and improvements hereby made, unto the said parsy of the second
part, its successors and assigns against the lawful claims and
demands of all persons whomsoever.
IN WITNESS WHEREOF, the party of the first part has
caused this Bill of Sale to be duly ,e~ecuted and delivered
"~ day of /~ , 1990.
according to law on this // .
Signed, Sealed and Delivered
in the presence of:
Storage Partners F~rz-, Limited,
a Florida limited partnership
By: Stow-A-Way Storage Centers
III, Inc., a Florida cor-
poration, General Partner
Todd Marshall, President
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized to take acknowledgments, personally appeared Todd
Marshall, as President of Stow-A-Way Storage Centers III, Inc., a
Florida corporation and general partner of Storage Partners Three,
Limited, a Florida limited partnership, ~o me known to be the
person described mn and who executed the foregoing instrument and
he acknowledged before me that he executed the same for the uses
and purposes therein expressed.
NDta~' Public,/Sta~te of Florida
STATE OF ~_LORIDA )
COUNTY OF /-!,'a~:.~, ~
I HEREBY CERTIFY that 6n this day, before me, an officer
duly authorized to take acknowledgments, personally appeared Todd
Marshall, as President of Stow-A-Way Storage Centers III, Inc., a
Florida corporation and general partner of Storage Partners Three,
Limited, a Florida limited partnership, to me known to be the
person described in and who executed the foregoing instrument and
he acknowledged before me that he executed~the same for the uses
and~purposes therein expressed.
Notary Public,
State of
Florida
WARRANTY
Storage Par~ners Three,
The undersigned,
Florida limited partnership, hereby agrees for a period of one (1)
year from the date hereof, to repair any defect in the lift
station, water lines, sewer lines and related facilities and
equipmen= (collectively t~e "Water and Sewer System") conveyed to
the City of Boynton Beach (the "City")~ pursuant to that certain
Bill of Sale dated August 9, 1990, which is a result of a defect
in the materials or workmanship comprising the Water and Sewer
System. The undersigned, upon notice of such defect, shall make
the foregoing repairs as soon as reasonably possible or, if such
repairs have already been made by the City, the undersigned, upon
receipt of evidence of the costs reasonably incurred-by the City
mn the making of such repairs, shall forthwith refund same to the
City. Anything herein to the contrary notwithstanding, the City
shall have the sole obligation to perform all maintenance required
with respect to the Water and Sewer System; accordingly, the
undersigned shall have no liability hereunder in the even= that the
repairs to the Water and Sewer System result from the failure of
the City to properly maintain same or the misuse or abuse of the
Water and Sewer System (except, however, nothing contained herein
shall be construed to release the undersigned from liability for
Limited, a
damage to the Water and Sewer
undersigned or its employees or
completion by the undersigned of
and Sewer System).
System caused by acts of the
agents in connection with the
the project served by the Water
Storage Partners ~ou~7, aLimited,
a Florida limited partnership
By:
Stow-A-Way Storage Centers
III, Inc., a Florida cor-
poration, General Partner
To~d Marshall,~Presid, ent
(Corporate Sea].)