R22-161 1 RESOLUTION NO. R22-161
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 AUTHORIZING THE MAYOR TO SIGN an EASEMENT AGREEMENT WITH
4 BOYNTON WILDLIFE, LLC. TO ALLOW ACCESS, EVALUATION,
5 RESTORATION AND MAINTENANCE OF THE MANGROVE WETLAND
6 AREA LOCATED AT INTRACOASTAL PARK; AND PROVIDING AN
7 EFFECTIVE DATE.
8
9 WHEREAS, Boynton Wildlife, LLC has requested an Easement Agreement to evaluate
10 and restore the mangrove wetland conservation area in Intracoastal Park; and
11 WHEREAS, the project includes the removal of exotic plant species, planting of new
12 mangroves and native species that will increase wildlife utilization, improve tidal flushing,
13 decrease stagnant water and remove trash and pollutants; and
14 WHEREAS, this Restoration project by Boynton Wildlife, LLC will improve the
15 environmental sustainability of the conservation area in Intracoastal Park which will remain
16 open to the public for the duration of this project; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
18 recommendation of staff, deems it to be in the best interests of the City residents to approve
19 and authorize the Mayor to sign an Easement Agreement with Boynton Wildlife, LLC. to allow
20 access, evaluation, restoration and maintenance of the mangrove wetland area located at
21 Intracoastal Park.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
23 BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. Each Whereas clause set forth above is true and correct and
25 incorporated herein by this reference.
26 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
27 approve and authorize the Mayor to sign an Easement Agreement with Boynton Wildlife, LLC.
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28 to allow access,evaluation, restoration and maintenance of the mangrove wetland area located
29 at Intracoastal Park. A copy of the Easement Agreement is attached hereto as Exhibit "A".
30 Section 3. That this Resolution shall become effective immediately upon passage.
31 PASSED AND ADOPTED this 1st day of November, 2022.
32 CITY OF BOYNTON BEACH, FLORIDA
33
34 YES NO
35
36 Mayor-Ty Penserga f/
37
V-
38 Vice Mayor-Angela Cruz
39
40 Commissioner-Woodrow L. HayIV
41 V
42 Commissioner-Thomas Turkin
43 Y
44 Commissioner-Aimee Kelley
45
46 VOTE
47
48
49
50 51 r52 IIT:
I ..,!
Prepared by and Return To:
Sean M.Swartz,Esquire
City Attorney's Office
City of Boynton Beach
PO Box 310
Boynton Beach,FL 33425
EASEMENT AGREEMENT
FOR
INTRACOASTAL PARK RESTORATION
THIS EASEMENT AGREEMENT is made this day of(103e, !2022 between the
City of Boynton Beach,whose mailing address is 100 East Ocean Avenue,Boynton Beach,FL
33435 ("Grantor"), and Boynton Wildlife, LLC, a Florida limited liability company, whose
mailing address is 2805 E Oakland Park Blvd Suite 437 Fort Lauderdale,FL 33306(collectively
referred to as"Grantee"),both being herein referred to collectively as the`parties,"for the sole
purpose of providing access, maintenance, and restoration for the BOYNTON SUPPORTS
WILDLIFE I Environmental Improvement Project("Project").
1. Grant of Easement. In consideration of the mutual benefits to be derived from the Project,the
sufficiency of which is hereby acknowledged by the parties,the Grantor hereby grants,bargains,
and conveys to the Grantee, its subcontractors, agents and employees, a non-exclusive access,
maintenance,and restoration easement on,over,under,through and across the parcels described
in Exhibit "A," attached hereto and incorporated herein for the purpose of designing,
constructing, and maintaining wildlife and environmental improvements to existing mangrove
wetlands ("the Easement Premises") and a non-exclusive access easement on, over, under,
through and across the parcels described in Exhibit"B,"attached hereto and incorporated herein
for the purpose of accessing the lands contained in Exhibit "A" . This instrument is further
subject to all easements, restrictions, covenants, conditions, limitations, and reservations of
record,if any.
2. Grantee's Use. The Easement Premises may be used by Grantee,its subcontractors,agents,
or employees solely for the purpose of designing, constructing, and maintaining wildlife and
environmental improvements to existing mangrove wetlands and related neighboring existing
conservated lands associated with the Project. In the event the Grantee's use of the Easement
Premises,as defined herein,frustrates or interferes with the Grantor's conducting its business or
the public's activities,the parties will work cooperatively to identify a solution or remedy for the
Grantee's continued use in accordance with this Easement. Any amendment to the Easement
Premises pursuant to this paragraph shall be signed by both parties,and recorded in the Official
Public Records of Palm Beach County.
3. Grantee's Obligations. Grantee shall obtain all permits and approvals required by all
applicable governmental entities. Grantee shall maintain to its existing condition or planned
conditions contemplated as part of the Project the Easement Premises and its immediate environs
throughout the term of the Project. Any damage caused by Grantee or its agents or employees to
the surface or sub-surface portion of the Easement Premises or any property of the Grantor or
others located therein shall be repaired by the Grantee in a manner satisfactory to the Grantor.
Grantee shall provide Grantor with ten(10)days prior written notification of Grantee's desire to
enter onto the Easement Premises with machinery or for the purposes of commencing construction
of the Project.In addition,the Grantee shall be obligated to pay 100%of the financial costs required
for C&N Environmental,Inc.as well as other environmental consultants and engineers necessary to
evaluate the sites and prepare plans for any required environmental improvement permits with the
Army Corps of Engineers and Florida DEP.The Grantee shall also bear 100%of the financial costs
of constructing the Project and 100%of the costs of the maintenance and monitoring requirements
as imposed by the Army Corps of Engineers and Florida DEP for a period of at least five(5)years.
4. Grantor's Obligations. Grantor shall not commit any act that would interfere with or impede
the rights granted to Grantee,its subcontractors,agents or employees under this Agreement.
(00334889.13069001831 1
5. Term. This Agreement shall be effective upon execution by both parties and shall continue
until all requirements imposed by the Army Corps of Engineers and Florida DEP have been met
and completed by the Grantee. The rights and Easement granted herein shall automatically
terminate once the requirements imposed by the Army Corps of Engineers and Florida DEP have
been met and completed by the Grantee. Either party may thereafter record a memorandum or
notice of termination.
6. Subordination of Rights. The Easement hereby granted is subject and subordinate to
Grantor's right to enter,work,and use the Easement Premises in addition to the rights of use by
the public.
7. Insurance. Prior to the utilization of this Easement by the Grantee,Grantee shall maintain,at its
sole cost and expense, all necessary insurance in such form and amount as required by Grantor's
Risk Management Department which may include,but is not limited to,General Liability Insurance,
in the amount of one million dollars ($1,000,000) per occurrence, general aggregate combined
single limit for automobile liability, including premises and operation, as well as Products
Completed/Operations Aggregate, and Personal Advertising Injury; and, all other insurance
coverage reasonably required by the Grantor, including Workers' Compensation and Employers'
Liability Insurance, Umbrella/Excess Liability Insurance, and Professional Liability when
appropriate. Coverage shall not contain any endorsement(s) excluding Contractual Liability or
Cross Liability.The Grantor shall be named as an additional insured on all insurance policies.The
coverage shall contain no limitations on the scope of protection afforded the Grantor, its officers,
officials,employees or volunteers.A current valid insurance policy meeting the requirements herein
must be maintained in order for Grantee to remain in compliance,and shall be endorsed to state that
coverage shall not be suspended,voided or cancelled by either party,reduced in coverage in limits
except after thirty(30)days prior written notice by either certified mail,return receipt requested,has
been given to the Grantor.
8. Indemnification. Grantee agrees to defend,indemnify,and hold the Grantor and its officers,
employees, and agents harmless from and against any and all damages, liabilities, claims,
actions, penalties, damages, settlements,judgments, costs and expenses, including court costs,
reasonable attorney's fees, and paralegal expenses, at both the trial and appellate levels arising
directly out of Grantee's work on the Project including,without limitation,losses arising directly
out of or resulting from personal injury, death, damage to property, defects in materials or
workmanship, or a claim that the Project violates any applicable statute, ordinance,
administrative order, rule or regulation or decree of any court. The provisions of this section
shall survive the completion or termination of this Easement.
10. Authority to Execute This Agreement. Any person executing this Agreement and
representing Grantor hereby warrants and represents that he or she has received all governmental
authorization necessary to bind Grantor to the terms of this Agreement. Any person executing
this Agreement and representing Grantee hereby warrants and represents that he or she has
received all authorization necessary to bind Grantee to the terms of this Agreement.
11. Prohibited Acts by Grantee. With the sole exception of the Easement Premises,Grantee,its
agents and employees shall not enter on, over, under, through, or across any other portion of
Grantor's property. Grantee shall promptly and at Grantee's expense repair or replace any
unauthorized portion of Grantor's property damaged or destroyed and/or impairment thereto
caused by Grantee during the course of Grantee's work. Grantee shall not plant or erect anything
which shall unreasonably interfere with Grantor's use of any portion of Grantor's property unless
permission is granted by Grantor in writing. Grantee shall promptly remove,any unauthorized
materials resulting from Grantee's work on the Easement Premises for the Project.
12. Impending Damage. Nothing herein shall prevent Grantor from reasonably protecting its
property and Easement Premises from impending damage or loss due to wind, seas, storms, or
other forces of nature in the event that Grantee is unwilling or unable to undertake such actions
for any reason including lack of funding. In the event, the National Hurricane Center issues a
tropical storm warning or watch, or a hurricane warning or watch affecting the Easement
Premises, the Grantee shall secure or remove all its property located in or on the Easement
Premises.
13. Governing Law and Venue. Any action to enforce this Agreement shall be brought in Palm
10053445 1 3069001621 1
Beach County,Florida. This Agreement shall be governed by the laws of the State of Florida.
14. Modification. This instrument shall not be modified or terminated except by written agreement
signed by Grantor and Grantee.
15. Binding Effect. The covenants contained in this instrument,including all benefits and burdens,
are not personal,but shall run with the land and shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, personal representatives,
transferees,successors and assigns.
16. No Joint Venture. Nothing in this instrument shall be construed to make the parties hereto
partners or joint ventures or render them liable for the debts or obligations of the other.
17. Recordation. This instrument shall be recorded in the Public Records of Palm Beach County,
Florida.All fees associated with recording this instrument shall be borne by the Grantee.
18. Default. The terms of this Easement may be enforced by Grantor by injunctive relief and
any other available remedies.By way of example,and not limitation,Grantor shall be entitled to
enjoin any activity or use of the Easement Premises that is inconsistent with the rights granted to
the Grantee pursuant hereto. If for any reason whatsoever Grantee shall default in the
performance of any of the obligations to be performed by Grantee pursuant to this Agreement,
Grantor shall give Grantee written notice of such default. The written notice shall specify the
alleged default in reasonable detail necessary for Grantee to cure said default.Grantee shall then
within fourteen (14) days from receipt of such written notice, shall respond to Grantor with a
plan to take action to cure said default and shall subsequently cure said default within a
reasonable period of time(not less than thirty(15)days and no more than sixty(60)days)from
the date Grantee receives written notice. If Grantee shall fail to cure said default in accordance
with the above,Grantor shall have the option to either(A)enforce this agreement by injunctive
relief and other available remedies or(B)terminate this Easement upon(30)days'notice to the
Grantee.
[This Space is Intentionally Blank]
(005341185 I 306.9001621 I
IN WITNESS WHEREOF,Grantor and Grantee have set hereto their hand and seals on
the day and year first above set forth.
Signed,Sealed,and Delivered GRANTOR:
in the presence of: CITY OF BOYNTON BEACH,A
FLORIDA MUNICIPAL•RPORATION
moi, iiL�, i���l/i/ (D�� By: '111111-r.
Witness Ty '•^.7�_ "ayor
Tammy L. Stanzione
• e—Typed or Printed
4 ZIP: 46
Witne.1
JENNIFER HANKINS
Name—Typed or Printed
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Office of the City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument ms ackngwledged before me by means of 6 physical presence or o
online notarization,this day of I 'Verb j r 2022 by Ty Penserga,as Mayor on behalf of the
City of Boynton Beach,a Florida municipal corporation,and who is personally known to me
or who produced as identification.
Witness my hand and 0Ai ditl9b /ii, say of 1.,1. 'A1•- i
. <s Rv2<, FSlir
�(e. �,. No : /PA sic,State of Flo: a
a 08't a.
•
L% 8"de6 ‘O°c?: 0
Ci//?)P�BLbCcSZ'��o�\\`` Printe�ud(Name: 4P.e [,ISS
My Commission Expires:Abe 1HII$ N1‘ Ir b7 39(o
Notary Commission Number
GRANTEE:
Boynton Wildlife,LLC
By: �JCt,�-ti ��GCQS
Tricia Russel
Authorized Representative
.c6vg_______ __
By:
Austen Bernstein
Authorized Representative
(00530885.1306-9001821)
EXHIBIT A
EASEMENT PREMISES
The lands described within the conservation easement recorded in PBC Book 14396 Page 1695
:0031405 3069001831
EXHIBIT B
EASEMENT PREMISES
Lands located in Palm Beach County as identified by Parcel No.08434515030000070 and
described as:
BROWN SAM JR SUB LTS 7 THRU 9&TR OF SUBMRG LAND E OF LT 9 LYG BET
HIGHWATER LI&CITY OF BOYNTON BEACH BULKHEAD LI IN TRS DEEDS 22410&
22411 (LESS SR 5 R/W)
EXCLUDING:
The lands contained within the conservation easement recorded in PBC Book 14396 Page 1695
AND
Any rights-of-way adjacent to lands described in EXHIBIT A within Boynton Beach,FL.
00514885.I 106-900)821,
The City of Boynton Beach
cycY City Clerk's Office
(4( 100 E Ocean Avenue
Boynton Beach FL 33435
tp \ (561) 742-6060
' FAX: (561) 742-6090
'1'' 0 N 0`` E-mail: cityclerk@bbfl.us
www.boynton-beach.org
CERTIFICATION
I, MAYLEE DE JESUS, CITY CLERK of the City of Boynton Beach, Florida, do
hereby certify that the attached Resolution No. R22-161 and attachment consisting of 8
pages is a true and correct copy as it appears in the records of the City of Boynton Beach,
Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, dated this 7th day of December 2022.
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•SEAL �+�� MAYL:E ' = JESUS, MP MC
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