R08-131
II I
1 RESOLUTION NO. R08- /.3/
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING
5 EXECUTION OF AN INTERLOCAL AGREEMENT AND
6 A TEMPORARY CONSTRUCTION EASEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH AND
8 PALM BEACH COUNTY, IN SUPPORT OF THE CITY'S
9 CONSTRUCTION OF THE NEW REGIONAL FORCE
10 MAIN, AND PROVIDING FOR AN EFFECTIVE DATE.
11
12
13 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new
14 regional force main route selection, detail design, permitting and bidding phases of the
15 project; and
16 WHEREAS, the attached agreement with Palm Beach County, allows the City to
17 access the pipeline corridor for the construction of the force main and it's components and
18 commits the City to restore the property of Palm Beach County, to it's pre-existing conditions
19 and to maintain the force main and it's components; and
20 WHEREAS, the City Commission upon recommendation of staff, deems it
21 appropriate to approve and authorize execution by the Mayor and City Clerk of the Interlocal
22 greement and Temporary Construction Easement between the City of Boynton Beach and
23 aIm Beach County.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 eing true and correct and are hereby made a specific part of this Resolution upon adoption
28
29 Section 2. The City Commission of the City of Boynton Beach, Florida does
:\CA\RESO\AgreementMccess Easement-Palm Beach County-RFM.doc
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1 I i hereby approves and authorizes the Mayor and City Clerk to execute an Interlocal Agreement
2 , and Temporary Construction Easement between the City of Boynton Beach and Palm Beach
3 County, in support of the City's construction of the new regional force main, a copy of which
4 is attached hereto as Exhibit "A".
5 Section 3. This Resolution shall become effective immediately upon passage.
6 PASSED AND ADOPTED this /}".d: day of November, 2008.
7
8
9 CITY OF BOYNTON BEACH, FLORIDA
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11
12 ~~~
13 lfayor - J rry T or
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18 Commissi"'1er - Rona . ~
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21 comm~er - Woodrow ~
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24 Commissioner - Marlene Ross
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Prepared by & Return to KOJ'/!+ I W"'I
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Katrina L. Gilbert f:?~ m
Palm Beach County .;:)<
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Property & Real Estate Management Division ::uC
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West Palm Beach, FL 33411-5605 m kJ.
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PCN: 08-43-46-05-00-000-30 10 0098 0_ 0
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08-43 -46-0 5-00-000- 3 040 R2009. "_. 0
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UTILITY EASEMENT :Jii:. h"~
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JAN 1 3 2009 0:::0
THIS UTILITY EASEMENT ("Easement"), made by () OJ
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PALM BEACH COUNTY, a political subdivision of the State of Florida, whose mailing T.J 0
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address is 301 North Olive A venue, West Palm Beach, Florida 33401- 4705, ("COUNTY"), AI :1:1
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in favor of the CITY OF BOYNTON BEACH, a municipal corporation of the State of ~ G')
Florida, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida m 11'1
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33435-7934, ("CITY"). ,:.,)
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WITNESSETH: (::)
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That COUNTY for and in consideration ofthe sum ofTen Dollars ($10.00) and other ).::.
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good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, has Tn
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granted, bargained, sold and conveyed, and does hereby grant, bargain, sell and convey unto .-..,.
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CITY, its successors and assigns, upon the conditions hereinafter set forth, a perpetual non- 0
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exclusive easement for the construction, operation and maintenance of underground regional (::)
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force main and appurtenances thereto, to be installed from time to time, or to be altered, co
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improved, or removed therefrom and for the right to cut and keep clear trees, brush or t...)
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undergrowth therefrom and all other obstructions that might endanger or interfere therewith, ~:l
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over, across, through and upon, under or within that parcel of land located in Palm Beach '1::1
County, Florida, described on Exhibit "A" attached hereto and made a part hereof as if (0
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recited at length (the "Easement Premises") _00.1.
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See legal description marked Exhibit" A" -.'-
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attached hereto and made a part hereof co
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together with the right of ingress and egress thereto, over, across, through and upon, under or (0
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within that parcel of land located in Palm Beach County, Florida, depicted on Exhibit "B" '~J
attached hereto and made a part hereof as if recited at length (the "Access Premises").
Page 1 of2
THE CONDITIONS OF THIS RIGHT OF USAGE ARE SUCH THAT:
1. CITY shall cause the regional force main and its appurtenances to be
constructed within the confines ofthe Easement Premises.
2. CITY hereby expressly agrees that in the event that CITY, its successors
and assigns, shall ever abandon use of the of the Easement Premises or cease to use the
Easement Premises for the purposes herein expressed, the easements granted herein shall
become null and void, and all the right, title and interest in and to the Easement Premises and
Access Premises shall revert to COUNTY.
3. CITY further expressly agrees to maintain in good condition and repair,
at its sole cost and expense, its underground regional force main and appurtenances within
the Easement Premises at all times during the term hereof.
4. CITY shall be liable for its own actions and negligence and, to the
extent permitted by law, shall indemnify, defend and hold harmless COUNTY against any
actions, claims, or damages arising out of CITY's negligence in connection with this
Easement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same
be construed to constitute agreement by CITY to indemnify COUNTY for COUNTY's
negligent, willful or intentional acts or omissions.
5. The grant of Easement contained herein is solely for the use and benefit
of CITY, and CITY's authorized agents and employees, and is not intended, and shall not be
construed as a dedication to the public of any portion ofthe Easement Premises or the Access
Premises for public use.
6. CITY acknowledges that certain above ground and underground
improvements have been constructed by COUNTY and/or FPL within the Easement Premises
and Access Premises. Accordingly, CITY covenants that it will protect all such
improvements and any improvements made by COUNTY in the future, including, but not
limited to, water mains, irrigation pipes, storm water pipes, sanitary sewer pipes, electric
service lines, telephone lines, park lighting, existing fencing and existing trees and
landscaping.
7. CITY hereby accepts the Easement Premises "As-Is", without warranty
or representation and subject to zoning and other governmental restrictions, matters reflected
on any plat relating to the Easement Premises, and all other easements, restrictions,
conditions, encumbrances and other matters of record.
Page 2 of 4
8. COUNTY reserves the right to terminate CITY's use of the Access
Premises upon ninety (90) days written notice to CITY.
9. The terms of this Easement shall not be strictly construed against one
party as opposed to the other party based upon who drafted it. In the event that any section,
paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction
to be invalid, such shall not affect the remaining portions ofthis Easement and the same shall
remain in full force and effect.
10. This Easement represents the entire understanding between the parties
and supersedes all other negotiations, representations, or agreements, either written or oral,
relating to this Easement. No amendment shall be effective unless the same is in writing and
signed by all parties.
11. By exercise of the rights granted to CITY by this instrument, CITY
acknowledges and agrees that the conditions and restrictions imposed herein shall bind and
be enforceable against CITY, its successors and assigns to the same extent as if such party
had physically executed this instrument.
12. County hereby retains all rights relating to the Easement Premises and
Access Premises not specifically conveyed by this Easement including the right to use the
Easement Premises and Access Premises and any improvements now existing or constructed
hereinafter therein, and the right to grant to third parties additional easements in the
Easement Premises and Access Premises or the right to use the improvements therein.
13. This Easement shall be governed by, construed and enforced in
accordance with, the laws of the State of Florida. Venue in any action, suit or proceeding in
connection with this Easement shall be in a state court of competent jurisdiction in Palm
Beach County, Florida.
14. This Easement is expressly contingent upon the approval of the Palm
Beach County Board of County Commissioners, and shall become effective only when
signed by all parties and approved by the Palm Beach County Board of County
Commissioners.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 3 of 4
IN WITNESS WHEREOF, COUNTY has caused these presents to be executed in its
name, by its proper officers thereunto duly authorized, the day and year first above written.
ATTEST: R2009 0098 JAN 1 3 2009
SHARON R. BOCK PALM BEACH COUNTY, a political
CLERK & COMPTROLLER subdivision of the State of Florida
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APPROVED AS TO FORM APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS
By: By~ ~~~Wt+
Assistant Department Direc r
G:\Development\Open Projects\PR-Caloosa Park(Boynton Easement)\Easement utility.JB app.1 00208.fna\.doc
Page 4 of 4
ITt1 Wantman Group, Inc.
allI Engineering+P/anning+Surveying+Environmenta/ EXH I BIT IIAu
2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 .
(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wantmangroup.com
DESCRIPTION ct SKETCH
PREPARED FOR:
THE CITY OF BOYNTON BEACH, FLORIDA
LEGAL DESCRIPTION: Utility Easement
A 12.00 foot wide strip of land lying in a portion of Section S, Township 46 South, Range 43
East, Palm Beach County, Florida and being a portion of the lands described in Official Records
Book 3209~ af Pags 260 through 251 inclusive, of fhe Public Records of Palm Beach Co un fYI
Florida, and being more particularly described as follows:
BEGINNING at the Southeast corner of said described lands, said point being the POINT OF
BEGINNING, said point also being on the Westerly right-of-way line of the Seaboard Coast Line
Railroad; Thence South 1 r39'S2" West along said Westerly right-of-way line, for 344.80 feet to
a point on the North right-of-way line of the Lake Worth Drainage District Lateral Canal L-29;
Thence departing aforesaid Westerly right-of-way line South 88.09'30'" West along said North
right-of-way line, for 12.73 feet, said point being on a line 12.00 feet West of and parallel with
the Southerly extension of the Easterly line of aforesaid described lands and Westerly
right-of-way line of the Seaboard Coast Line Railroad; Thence departing aforesaid North
right-of-way line North Ir39'S2" East along said parallel line, for 1,749.92 feet; Thence
departing said parallel line South 72'20'08" East, for 12.00 feet, said point being on aforesaid
described lands Easterly line and Westerly right-of-way line of the Seaboard Coast Line Railroad;
Thence South Ir39'S2'" West along said Easterly and Westerly line, for 1,400.87 feet to the
POINT OF BEGINNING.
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Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, if ~
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Said lands lying and situate in Palm Beach County, Florida. ~
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(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ':
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SURVEYOR'S NOTES ~
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,. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED S. WANTMAN GROUP. INC., CERTIFICATe OF AUTHORIZAnON No. ~
SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER EMPLOYED BY 7055. IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS ~
WANTMAN GROUP. INC.. THIS DRAWING. SKF:TCH. PLAT OR MAP IS FOR AND PROFESSIONAL REGULA nON. g>
INFORMAnONAL PURPOSES ONLY AND IS NOT VAUD. ADDITTONS OR -.J
DELEnONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE C;
SIGNING PARTY OR PARnES IS PROHIBITED WITHOUT WRf17EN CERTIFICATION: -6
CONSENT OF THE SIGNING PARTY OR PARTIES. ;;
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN I HEREBY CERnFY that the aHached Description on,d Sketch is !rue ~
GROUP INe FOR EASEMENTS AND RIGHTS-OF-WAY OF RECORD and cr:r:ect to the .best of my knowledge and belief a'}d that Ii meets l,j
. . . the Mmlmum Techmcal Standards set forth by the Flonda Board of 2E
3. DATA SHOWN HEREON WAS COMPILED FROM OTHER Profe.s~iona! Surveyors And Mappers in Chapter 61G17:6. Florida :'2
INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH, Admmlstratr~e Code. pursuant to Chapter 472.027 Flonda Statutes. gs
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4. BEARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERL Y Wantman Group Inc ()
RIGHT-OF-WAY UNE OF THE SEABOARD COAST UNE RAILROAD. SAID . . :<t
UNE BEARS SOUTH 1739'52- WEST AND ALL OTHER BEARINGS ~, ~
SHDWN HEREON ARE RElATIVE THEJlrnJ. ' !J~ ' ~
DATE: REVISION: BY: BY: _ ~ . - DATE: q Ii( I 06 ;:
DEREK G. ZEMAN. ' ." @
09/04/08 REVISED PER COMMENTS MRG PROFESSIONAL SURVE'rO INC- MAPPER FLORIDA LICENSE NO. 5655 L...
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2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411
(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmongroup.com
DESCRIPTION ct SKETCH
PREPARED FOR:
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2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411
(866) 909-2220 phone (561) 687-1110 fox
CERT No. 6091 - LB No. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmongroup.com
DESCRIPTION ~ SKETCH
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THE CfTY OF BOYNTON BEACH, FLORIDA
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J PROJECT: CITY OF BOYNTON BEACH TASK: CALOOSA PARK
! REGIONAL FORCE MAIN ACCESS PREMISES EXHIBIT
I Wantman Group, Inc. CAD pec POrl<s E,.t,lbildwg
.... DRAWN JWR JOB NO. 407667.01
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- Engineering .:. Surveying .:. Mapping SHEET:
~ DESIGNED JWR TOTAl SHEETS 1
i 2.0J~ ViSTA PARKWAY SUITE 100
WEST PALM BEACH. FL ~11 CHECXED OKS DATE 8/20/2008 1
f (56') 687-2220 phone (561) 687-1110 fctX QC DKS Not to Scale
<:ERT No. 6091 - LB No. 7055
LEGEND:
l1li Access Premises
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Agend. Item #J H I J...
. PALM BEACH COUNfY -
BOARD OF COUNfY COMMISSIONERS (n; \3 ';-0
AGENDA ITEM SUMMARY !?- ;2eo ~? _007 ~
Meeting Date: January 13,2009 [Xl Consent [ ] Regular 7f,yU
[ ] Ordinance [ I Public Hea~ 7- tJ 0 7 ?
Department: Facilities Development & Operations J( - Z{)J
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion to approve:
A) an Interlocal Agreement with the City of Boynton Beach (City) for construction and operation ofa sewer
force main at Caloosa Park; and
B) a Temporary Construction Easement in favor of the City of Boynton Beach for the installation of a sewer
force main; and
C) a Utility Easement in favor of the City of Boynton Beach across a portion of Caloosa Park for access to
and maintenance of the sewer force main.
Summary: The County's Caloosa Park is located south of Woolbright Road, east of Congress Avenue,
west of and adjacent to the FEC Railroad right-of-way in Boynton Beach. In order to improve sanitary
sewer utility services to its service area, the City is in the process of installing a new lift station and regional
sewer force main. To complete the overall project, the City requires access through the Park property.
Pursuant to the terms of this Interlocal Agreement, the County will grant the City a Temporary Construction
Easement (TCE) to install the force main and will also grant a perpetual Utility Easement to access and
maintain the force main. Both easement areas are located within an existing FPL easement area along the
eastern Park boundary. The TCE is approximately 40' wide x 1,773.84' long for a total area of 70,953
square feet (1.63 acres). The utility easement is approximately 12' wide x 1,749.92'long for a total area of
20,999 square feet (.48 acres) and provides for access along the western boundary of the Park. In exchange
for the County granting the easements to the City at no charge, the City will extend its reclaimed waterline
to the Park boundary and allow the County to connect without charge. The City will also install a new
landscape buffer along the western boundary of the easement. The lnterlocal Agreement is for a term of
three (3) years or the completion of the improvements, whichever is earlier. (PREM) District 3 (JMB)
Background and Justification: Construction of the City's project is expected to begin in the spring of
2009 and take approximately one (1) month to complete and is not expected to adversely impact Park
activities. The City has agreed to replace the existing landscape buffer with a new native vegetation buffer,
subject to the Parks and Recreation Department's specifications. In anticipation of this project, the City
recently extended a reclaimed waterline from the west side of Congress A venue to the entrance of Caloosa
Park for irrigation purposes at the City's cost of$106,500.61. Caloosa Park has two baseball fields, two
softball fields, three multi-purpose fields as well as common areas which are currently irrigated using well
water. The County is currently permitted to use up to 35 million gallons of water annually for irrigation
purposes within the Park. Using the City's reclaimed water for Caloosa Park will reduce the County's
demand on the superficial aquifer, and allow flexibility in watering as reclaimed water is not subject to
South Florida Water Management District use restrictions. The County has the right to cancel the Interlocal
Agreement with 90 days written notice. The TCE will automatically terminate upon project completion, or
one (1) year from the effective date, whichever is earlier. The City is limited to the hours of7 am to 5 pm
for work within the TCE area, Monday through Friday.
Attachments: Agenda item is more than 50 pages;
1. Location Map
2. lnterlocal Agreement may be viewed in Administration.
3. Temporary Construction Easement
4. Utility Easement
5. City Resolution (R-08-131)
Recommended By:
Approved By:
County Administrator
,
II. FISCAL IMPACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years 2009 2010 2011 2012 2013
Capital Expenditures L-- - - - -
Operating Costs L-- - - - -
External Revenues L-- - - -
-
Program Income (County) L-- - - - -
In-Kind Match (County L-- - - - -
NET FISCAL IMPACT L- - - -
-
# ADDITIONAL FIE L-- - -
-
POSITIONS (Cumulative)
Is Item Included in Current Budget: Yes - No -
Budget Account No: Fund _ Dept - Unit - Object -
Program _
B. Recommended Sources of Funds/Summary of Fiscal Impact:
No fiscal Impact.
C. Departmental Fiscal Review:
III. REVIEW COMMENTS
A. OFMB Fiscal andJor Contract Development Comments:
~ /1/1-1.--0' and Control 8-)~)o?
o , a~~ '106
ThisC(Jntr~ctc()mplies wilh our
B. Legal Sufficiency: contract rc\iew ,cqulrcl1Icms.
I:::~ /1y.L- n/'4iP
As t County Attorney
C. Other Department Review:
Department Director
This summary Is not to be used as a basis for payment.
G:\PREM\AGENDA\2009\01-13\PR CALC>OSA BOYNTON EASEMENT KG.DOCX
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LOCATION MAP
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R2009 0096 l2o~-/al
INTERLOCAL AGREEMENT
This Interlocal Agreement (the "Agreement") is made this JAN 1 32009,
between the CITY OF BOYNTON BEACH, a Florida municipal corporation organized
and existing under the laws of the State of Florida, located in Palm Beach Countr,
Florida (hereinafter "City") and PALM BEACH COUNTY, a political subdivision of
the State of Florida, (hereinafter "County"), each one constituting a public agency as
defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and 1
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as
defined therein to enter into interlocal agreements with each other to jointly exercise any
power, privilege, or authority which such agencies share in common and which each
might exercise separately; and
.
WHEREAS, County owns and operates Caloosa Park (hereinafter referred to as
the "Park"), a regional park located west of the City; and
Page 1 of 17
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WHEREAS, City is in the process of constructing a lift station and installing a
regional force main in order to improve sanitary sewer utility services within the City;
and
WHEREAS, City needs to install a portion of the regional force main (the "Force
Main") on Park property in order to connect certain properties in the City's service area
to the new lift station; and
WHEREAS, City has requested that County grant City (i) a permanent utility
easement over Park property for the Force Main, (ii) a temporary construction easement
to allow installation of the Force Main, and (iii) access through the Park to allow City to
maintain the Force Main; and
WHEREAS, in exchange for County granting City an easement over Park
property for the installation of the Force Main, City is willing to, at its sole cost and
expense, (i) extend City's reclaimed water line to the Park boundary in order to provide
the Park with reclaimed water for irrigation, and (ii) clear exotic vegetation from the
Force Main easement area and replace the exotic vegetation with a new landscape buffer.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
Section 1. Purpose
The purpose of this Agreement is to allow,City to use County's Park for the
installation of a regional force main needed to improve sanitary sewer utility services
within the City, in exchange for which City will, at City's sole cost and expense, provide
Page 2 of 17
< , ,
County with improvements to County's Park that will reduce County's operating costs
and improve the aesthetics of the Park.
Section 2. Definitions
The following definitions shall apply to this Agreement:
"Act" means Part I of Chapter 163, Florida Statutes.
"Agreement" means this lnterlocal Agreement, including any amendments or
supplements hereto, executed and delivered in accordance with the terms hereof.
"Park" means Caloosa Park located west of the City of Boynton Beach.
Section 3. ReDresentativeIMonitorin2 Position
The County's representative/contract monitor during the term of this Agreement
shall be the Director of County's Parks and Recreation Department, 2700 6th Avenue
South, Lake Worth, Florida 33461-4799, whose telephone number is (561) 966-6600.
The City's representative/contract monitor during the term of this Agreement shall
be Paul M. Fleming, PMP, Senior Project Manager, City of Boynton Beach, 124 East
Woolbright Road, Boynton Beach, FL 33435, whose telephone number is (561) 142-
6487.
Section 4. Effective Datefferm
This Agreement shall take effect upon execution by County. The term of this
Agreement shall be for a period of three (3) years, and unless otherwise terminated as
provided herein, shall continue in full force and effect up to and through the date that
City has completed the improvements to Park as provided for in this Agreement, and the
date that County has granted all easements to City allowing City to install and maintain
Page 3 of 17
, . . .
the Force Main on Park property as provided for in this Agreement. The term of this
Agreement may be extended upon entering into a written amendment to this Agreement,
executed by both parties.
Section 5. Services Rendered
County will grant oile or more easements to City allowing City to construct and
maintain the Force Main needed by City in order to improve sanitary sewer utility
services in the City, and in exchange, City shall provide County with access to a
reclaimed water line for irrigation of the Park, and a new landscape buffer in the location
of the Force Main easement area.
Section 6. Responsibilities ana Duties
A. County agrees to provide City with a 12-foot permanent utility easement
(the "Force Main Easement") in substantially the form attached hereto as Exhibit "A"
for the installation of the Force Main. The Force Main Easement shall be granted over a '
portion of the Park as legally described on Exhibit "B" attached hereto (the "Easement
Area"). The City acknowledges that the Easement Area is within the I imits of an existing
FPL easement, and any City improvements within the Easement Area must be
coordinated with FPL. The Force Main Easement may be amended upon mutual consent
by the COWlty and City. County shall not be required to expend any funds in connection
with the approval, installation, or maintenance of the Force Main.
The Force Main Easement shall include the City's right of access over a portion of
the Park as identified and depicted in the Force Main Easement for the purpose of
maintenance of the Force Main. City, at all times during any maintenance or inspection
Page 4 of 17
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of the Force Main, agrees to conduct its operations in order not to unnecessarily disrupt
operations at the Park.
B. County agrees to grant City a 40-foot temporary construction easement (the
"TCE") for the installation of the Force Main, which TCE shall be substantially in the
form of Exhibit "e" attacbed hereto and in the location legally described therein. The
City acknowledges that the TCE easement area is within the limits of an existing FPL
easement and any City activities within the TCE easement area must be coordinated with '
FPL. City, at all times during the installation of the Force Main, agrees to conduct its
operations in order not to unnecessarily disrupt operations at the Park.
C. City, at the City's sole cost and expense, agrees to remove all exotic
vegetation as permitted from the Easement Area and install a new landscape buffer at its
sole cost and expense and in accordance with the landscape plan (the "Landscape Plan")
attached hereto as Exhibit "D". City, at all times during the implementation of the
Landscape Plan, agrees to conduct its operations in order not to unnecessarily disrupt
operations at the Park.
D. City, at the City's sole cost and expense, shall extend its reclaimed water
line (the "Reclaimed Water Line") to the boundary of the Park as shown on Exhibit "E"
attached hereto, and hereby agrees to allow County to connect to the Reclaimed Water
Line. City shall not charge County a connection fee, but County shall be responsible for
all costs associated with connecting the Park's irrigation system to the Reclaimed Water
Line. City, at the City's sole cost and expense, shall also install a separate meter for the
Park, and County shall be responsible for the cost of its use of the Reclaimed Water.
Page 5 of 17
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E. City expressly acknowledges that City's use of any part of the Park is
secondary to County's operations at the Park, and in particular, City agrees to maintain
public access at all times, and acknowledges and agrees that the Director of County's
Parks and Recreation Department shall review and approve in advance all plans,
including, but not limited to location of the Force Main, location of easements, the
construction schedule for installation of the Force Main, and the Landscape Plan.
F. City shall be responsible for obtaining, at its sole cost and expense, any
permits required for the installation of the Force Main and/or the implementation of the
Landscape Plan.
G. City agrees to accept the Easement Area "as is," and County shall not be
responsible or liable to City for any reason whatsoever, including without limitation, any
claims for compensation or any losses, whether caused by vandalism, theft, or natural
physical conditions of or in the Easement Area, whether on the surface or underground,
including stability, moving, shifting, settlement of ground, or displacement of materials
by fire, water, windstorm, tornado, hurricane, act of God or State of war, civilian
commotion or riot, or any cause beyond the control of County.
Section 7. Breacb/Opportunitv to Cure
The parties ,hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in
default thirty (30) days written notiCe to cure said default before exercising any of its
rights as provided for in this Agreement.
Page 6 of 17
. . . .
Section 8. Termination
In the event the City fails to cure a default following notice from the County, this
Agreement may be terminated by County upon ninety (90) days prior written notice to
City.
Section 9. Enforcement Costs
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be borne by the
respective parties, provided, however, that this clause pertains only to the parties to this
Agreement.
Section 10. Annual Appropriation
Each party's performance and obligation to pay under this Agreement is contingent
upon an annual budgetary appropriation by its respective governing body for subsequent
fiscal years.
Section 11. Notice
All notices, consents, approvals and elections (collectively, "notices") to be given
or delivered by or to any party hereunder shall be in writing and shall be (as elected by
the party giving such notice) hand delivered by messenger, courier service, or national
overnight delivery service (provided in each case a receipt is obtained), telecopied or
faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt
Requested. The effective date of any notice shall be the date of delivery of the notice if
by personal delivery, courier services, or national overnight delivery service, or on the
date of transmission with confirmed answer back if by telecopier or fax if transmitted
Page 7 of17
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before 5:00 p.m. or on a non-business day, or if mailed, upon the date which the return
receipt is signed or delivery is refused or the notice designated by the postal authorities as
non-deliverable, as the case may be. The parties hereby designate the following
addresses as the addresses to which notices may be delivered, and delivery to such
addresses shall constitute binding notice given to such party:
(a) If to the County at:
Attention: Director
Palm Beach County
ProPl?rty and Real Estate Management Division
2633 Vista Parkway
West Palm Beach, Florida 33411-5605
(561)233-0217 (telephone)
(561233-0210 (facsimile)
with a copy to:
Attention: Director
Palm Beach County
Parks & Recreation Department
2700 6th Avenue South
Lake Worth, Florida 33461-4727
(561) 966-6600 (telephone)
(561963-6719 (facsimile)'
with a copy to:
County Attorney's Office
Attn: Real Estate
301 North Olive Avenue, Suite 601
West Palm Beach, Florida 33401~4700
(561) 355-2225 (telephone)
(561) 355-4398 (facsimile)
Page 8 of 17
If to the City at:
Attention: City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
(561) 742-60 10 (telephone)
(561) 742-6011 (facsimile)
with a copy to:
Attention: Utilities Director
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
(561) 742-6404 (telephone)
(561) 742-6298 (facsimile)
with a copy to:
Attention: Deputy Utilities Director
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
(561) 742-6401 (telephone)
(561) 742-6298 (facsimile)
and:
Paul M. Fleming, PMP, Senior Project Manager
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
(561) 742-6487 (telephone)
(561) 742-6298 (facsimile)
and:
City Attorney's Office
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435'
(561) 742-6053 (telephone)
(561) 742-6054 (facsimile)
Page 9 of 17
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Any party may from time to time change the address which notices under this Agreement
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 12. Delee:ation of Dutv
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of state, county, or city officers.
Section 13. Filine:
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
Section 14. Liability
The parties to this Agreement and their respective officers and employees shall not
be deemed to assume any liability for the acts, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of sovereign immunity by
either party, pursuant to Section 768.28, Florida Statutes.
Section 15. Indemnification
City agrees to protect, defend, reimburse, ind~mnifY and hold County , its agents,
employees and elected officers, and each of them free and harmless 'at all times from and
against any and all suits, actions, legal or administrative proceedings, claims, demands,
damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or
nature whether arising in any manner directly or indirectly caused, occasioned or
contributed to in whole or in part, by reason of any act, omission or fault whether active
or passive of County, of anyone acting under its direction or control, or on its behalf in
connection with or incident to the performance of this Agreement. City's aforesaid
Page 100fl7
, . . ,
indemnity and hold harmless obligations, or portions or applications thereof, shall apply
to the fullest extent permitted by law but in no event shall they apply to liability caused
by the negligence or willful misconduct of the County, its respective agents, servants,
employees or officers, nor shall the liability limits set forth in Section 768.28, Florida
Statutes, be waived.
Section 16. Insurance
Without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, City acknowledges and represents that City is self-insured for General
Liability and Automobile Liability under Florida sovereign immunity statutes with
coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary
waiver limits that may change and be set forth by the legislature.
In the event City maintains third-party Commercial General Liability and Business
Auto Liability, in lieu of exclusive reliance of self-insurance under Section 768.28,
Florida Statutes, City shall maintain said insurance policies at limits not less than
$500,000 each occurrence. City shall add the County as an "Additional Insured" with a
CG 2026 Additional Insured - Designated Person or Organization endorsement, or similar
endorsement, to the Commercial General Liability. The Additional Insured endorsement
shall read "Palm Beach County Board of County Commissioners, a Political Subdivision
of the State of Florida, its Officers, Employees and Agents, c/o Parks & Recreation
Department". The Additional Insured endorsement shall provide coverage on a primary
basis. Claims-bill indemnification style coverage shall not be considered third-party
liability for the purpose of this paragraph.
Page 11 of 17
. . . .
City agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statutes Chapter 440.
City shall maintain property insurance, which would include builder's risk
insurance provided by City or City's hired contractor, while the project is in the course of
construction in an amount at least equal to the estimated completed project value as well
as subsequent modifications of that sum. City shall have County added as an "Additional
Insured" on the builder's risk. When construction is completed, City agrees to maintain
all-risk property insurance for adequate limits of coverage on the building(s) and
contents, if any, based on City's replacement cost calculation, or the highest probable
maximum loss estimate for the perils of either fire, wind, or flood. City agrees to be fully
responsible for any deductible, uncovered loss, or self-insured retention.
When requested, City shall provide a statement or Certificate of Insurance
evidencing insurance, self-insurance and/or sovereign immunity status.
Compliance with the foregoing requirements shall not relieve City of its liability
and obligations under this Agreement.
City agrees its self-insurance, general liability, automobile liability, and property
insurance shall be primary as respects to any coverage afforded to or maintained by
County .
City expressly understands and agrees that any insurance protection furnished by
City shall in no way limit its responsibility to indemnify and save hannless County under
the provisions of Section 15 of this Agreement.
Page 12 of 17
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Section'17. Amendments
This Agreement may be modified and amended by written instrument upon mutual
agreement of the parties hereto.
Section 18. Remedies
This Agreement shall be construed by and governed by the laws of the State of
Florida. Any and all legal action necessary to enforce the Agreement will be held in
Palm Beach County, Florida. In the event City fails or refuses to perform any term,
covenant, or condition of this Agreement for which a specific remedy is not set forth in
this Agreement, County shall, in addition to any other remedies provided at law or in
equity, have the right of specific performance thereof or injunctive relief. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute, or
otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
Section 19. Time of the Essence
The parties expressly agree that time is of the essence in this Agreement and the
failure by a party to complete performance within the time specified, or within a
reasonable time if no time is specified herein, shall, at the option of the other party
without liability, in addition to any other rights or remedies, relieve the other party of any
obligation to accept such performance.
Page 13 of 17
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Section 20. Eaual Opportunity Provision
The County and the City agree that no person shall, on the grounds of race, color,
sex, national origin, disability, religion, ancestry, marital status, gender identity or
expression or sexual orientation be excluded from the benefits of, or be subjected to any
form of discrimination under, any activity carried out, by the performance of this
Agreement.
Section 21. Captions
The captions and section designations herein set forth are for convenience only
and shall have no substantive meaning.
Section 22. Incorporation bv Reference
Exhibits attached hereto and referenced herein shall be deemed incorporated into
this Agreement by reference.
Section 23. Severability
In the event that any section, paragraph, sentence, clause, or provision hereof be
held by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
Section 24. Entiretv of Ae:reement
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, either written or oral,
relating to this Agreement.
Page 140f 17
, . . .
Section 25. Survival
The City's obligations set forth in Section 15 of this Agreement shall survive the
termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the day and year first above written.
ATtEST: R 2COO~: 00 964N 132009
PALM BEACH COUNTY,
SHARON R. BOCK, .......~..'tNT\Y\\\II\~1 a political subdivision of
Clerk & Comptrollerc,9..............~0"'\ the St ofFI Ida
"~~
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By: 9>. :cn~By.
ct::, f: :(n~
~ 4.... l.ORIDA /oi
~" 0.... ....~ff
1/// {; ". ..' ~ .:
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APPROVED AS TO F ..".....:.:~... APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS
BY:~~ By:!7~l- ~ Wo~
Department . ctor \
Co Attorney Page 15 of17
, ,
ATTEST: City:
CITY OF BOYNTON BEACH, a Florida
municipal corporation organized and
existing under the laws of the State of Florida
By:
Judith A."
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this ~ day of -1\ouembe..r' , 2008,
before me personally appeared J"err,/ 111 \.! It) ( , Mayor, personally known
to me or who pro~ed JUl as identification and who did
( ) did not ( ) take an oath and who executed the foregoing instrument and
acknowledged before me that he executed the same for the purposes therein.
C'.athlAJ/it ~J U~~aM
Notary Public, State Flonda
Q..(}then' rJ ~;OTARY l"JBLlC-STATE OF FLORIDA
Print Name ""'''''''''' Catherine Cheny.Guberman
Commission No. i) Dr q;;!. /l-l~ g W ~CommisalOll IDD7P2144
'-',.""..l Expires:, MAY 27, 2012
B0l<1>1W ~u A1'LAIITICI0llIl1ll1lco.,IIlC.
My Commission Expires: Ma.~ J;.1 ,~O~
G:\Development\Open Pfl\iectsIPR-Caloosa Park(Boynton Easement)\lNTERLOCAUB app,l 00208,final,doe
Page 16 of 17
.,
Exhibits to Interlocal A2reement
Exhibit "A" - Force Main Easement
Exhi'bit "B" - Easement Area (Force Main Easement)
Exhibit "C" - Temporary Construction Easement
Exhibit "D" - Landscape Plan
Exhibit "E" - Reclaimed Water Line Location
Page 17 of n
. . Exhibit -A- to Interlocal Agreement
Page 1 of ..
Prepared by &0 Rcl\lm to:
Katrin. L. Gilbert
Palm Beacb County
Property &0 Real Estate Management Division
2633 Vista Parkway
West Palm Beach, FL 3341 ~S60S
PCN: 08-43-46-0S~00-3010
08-4346.0S.()().OO0-3040
UTILITY EASEMENT
THIS UTILITY EASEMENT ("Easement"), made , by
PALM BEACH COUNTY, a political subdivision of the State of Florida, whose mailing
address is 301 North Olive Avenue, West Palm Beach, Florida 33401- 4705, ("COUNTY"),
in favor of the CITY OF BOYNTON BEACH, a municipal corporation of the State of
Florida, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida
33435-7934, ("CITY").
WITNESSETH:
That COUNTY for and in consideration of the swn ofTen Dollars ($10.00) and other
good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and does hereby grant, bargain, sell and convey unto
CITY, its successors and assigns, upon the conditions hereinafter set forth, a perpetual non.
exclusive easement for the construction, operation and maintenance of underground regional
force main and appurtenances thereto, to be installed from time to time, or to be altered,
improved, or removed therefrom and for the right to cut and keep clear trees, brush or
undergrowth therefrom and all other obstructions that might endanger or interfere therewith,
over, across, through and upon, under or within that parcel of land located in Palm Beach
County, Florida, described on Exhibit "A" attached hereto and made a part hereof as if
recited at length (the "Easement Premises")
See legal description marked Exhibit "A"
attached hereto and made a part hereof
together with the right ofingress and egress thereto, over, across, through and upon, under or
within that parcel of land located in Palm Beach County, Florida, depicted on Exhibit "B"
attached hereto and made a part hereof as if recited at length (the "Access Premises").
Page 1 of4
Exhibit "A" to InterJocaJ Agreement
Page 2 of 4
THE CONDITIONS OF THIS RIGHT OF USAGE ARE SUCH THAT:
1. CITY shall cause the regional force main and its appurtenances to be
constructed within the confines of the Easement Premises.
2. CITY hereby expressly agrees that in the event that CITY, its successors
and assigns, shall ever abandon use of the of the Easement Premises or cease to use the
Easement Premises for the purposes herein expressed, the easements granted herem shall
become null and void, and all the right, title and interest in and to the Easement Premises and
Access Premises shall revert to COUNTY.
3. CITY further expressly agrees to maintain in good condition and repair,
at jts sole cost and expense, its underground regional force main and' appurtenances within
the Easement Premises at all times during the term hereof.
4. CITY shall be liable for its own actions and negligence and, to the
extent pennitted by law, shall indemnify, defend and hold harmless COUNTY against any
actions, claims, or damages arising out of CITY's negligence in connection with this
Easement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same
be construed to constitute agreement by CITY to indemnify COUNTY for COUNTY;s
negligent, willful or intentional acts' or omissions.
5. The grant of Easement contained herein is solely for the use and benefit
of CITY, and CITY's authorized agents and employees, and is not intended, and shall not be
construed as a dedication to the public of any portion of the Easement Premises or the Access
Premises for public use.
6. 'CITY acknowledges that certain above ground and underground
improvements have been constructed by COUNTY and/or FPL within the Easement Premises
and Access Premises. Accordingly, CITY covenants that it will protect all such
improvements and any improvements made by COUNTY in the futUre, including, but not
limited to, water. mains, irrigation pipes, storm water pipes, sanitary sewer pipes, electric
service lines, telephone lines, park lighting, existing fencing and existing trees and
laI}dscaping.
7. CITY hereby accepts the Easement Premises "As-Is", without warranty
or representation and subject to zoning and other governmental restrictions, matters reflected
on any plat relating to the Easement Premises, and all other easements, restrictions,
conditions, encumbrances and other matters of record.
Page 2 of 4
, . Exhibit tl A" to Interlocal Agreement
Page 3 of 4
8. COUNTY reserves the ,right to tenninate CITY's use of the Access
Premises upon ninety (90) days written notice to CITY.
9. The terms of this Easement shall not be strictly construed against one
party as opposed to the other party based upon who drafted it. In the event that any section,
paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction
to be invalid, such shall not affect the remaining portions of this Easement and the same shaH
remain in full force and effect.
10. This Easement represents the entire understanding between the parties
and supersedes all other negotiations, representations, or agreements, either written or oral,
relating to this Easement. No amendment shall be effective unless the same is in writing and
signed by all parties.
11. By exercise of the rights granted to CITY by this instrument, CITY
acknowledges and agrees that the conditions and restrictions imposed herein shall bind and
be enforceable against CITY, its successors and assigns to the same extent as if such party
had physically executed this instrument.
12. County hereby retains all rights relating to the Easement Premises and
Access Premises not specifically conveyed by this Easement including the right to use the
Easement Premises and Access Premises and any improvements now existing or constructed
hereinafter therein, and the right to grant to third parties additional ,easements in the
Easement Premises and Acc'ess Premises or the right to use the improvements therein.
13. This Easement shall be governed by, construed and enforced in
accordance with, the laws of the State of Florida. Venue in any action, suit or proceeding in
connection with this Easement shall be in a state court of competent jurisdiction in Palm
Beach County, Florida.
14. This Easement is expressly contingent upon the approval of the Palm
Beach County Board of County Commissioners, and shall become effective only when
signed by all parties and approved by the Palm Beach County Board of County
Commissioners.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 3 of 4
, , Exhibit" A" to lnterlocal Agreement
Page 4 of 4
IN WITNESS WHEREOF, COUNTY has caused these presents to be executed in its
name, by its proper officers thereunto duly authorized, the day and year first above written.
ATTEST:
SHARON R. BOCK PALM BEACH COUNTY, a political
CLERK & COMPTROLLER subdivision of the State of Florida
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS
By: By:
, Assistant County Attorney Department Director
G:IDevelopmcntlOpen Projec1SIPR-Caloo.. Park(Boynwn Easement)lEasement utility,lB app,100208,final.doc
Page 4 of 4
Exhibit "B" to lnterlocal Agreement
Page 1 of3
1m Wantnian Group, Ipc.
, Engineering+Plannlng+Surveying+tnvironm6n tal
2035 \/ISTA PAAKWAY. sum: 100 M:ST PAUl eEACH. fI. 33411
(866) 909-2220 c:cne (561) 687-1110 fax
CERT No. 8 1 - LB No. 7~
JACKSONVIlLE - ORlANDO - POR:r 51, LUClE - 1AI.IPA
www."""tmO"group.com
DESCRIP7fON a SKE:TCH EXH'l'SfT UB"
PREPARED FOR:
T1fE CfTY OF BOYNT'ON BEACH. FLORIDA IOF3
LEGAL DESCRIPTION: Utility Easement
A 12.00.foot wIde strIp of lond lyIng In a porlfon of Sectfon 5, Township 46 South, ((ange 4J
~ast, Pafm Beach County, Florida and be/ilg a porlfon of the land$ described In Official ((ecords
BQok. 3209, at Page 260 thf'Qugh 261 Inclusl.,e, of the Public R(tCOrd$ of Palm Beach Coun';,
Florida, and being more parlfcularly described a5 fo/low:r: '
BeGINNING at Ih. Southeast comer of ,saId de$crlbed lands, $f1ld poInt b.lng thl POINT OF
BEGINNING, saId poInt a/so beIng on Ihe WtJSterJy right-of-way l1n. of th. Seaboard Coast LlM
Railroad; Thence South 17"39'52" west along saId Westerly right-of-way IIn.. for 344.80 feet fo
a poInt on the North rlght-of~way /lne of th. f.,ab Worlh Drainage District Lat.ral Canal f.,-29:
TJ,flnc."d.parllng aforesaId W.sterly right-of-way Ifn. South 88"09'.30. We5" along saId Norlh
rIghl-of-way line. for 12.73 fe.t, saId point b"fng on a l1nt, 12.00 f..t West of and parallel wTfh
thfl Southerly extension of fh. Casttldy /lnfl of aforesaId descrlbfld lands and Westerly
right-of-way ITne of thfl Seaboard Coast Un. Ral1road: "henc. deparling afonlsald North
right-or-way ITne Norlh 17"39'52" Easf along saId parol/fll Ilntl, for 1,749,92 f."t; Thence
dfJparlfng sold porall,,1 Iln" Soulh 72"2Q'08" East. for 12.00 fHt, said poInt being on aforesaId ,
descrlbfld lands Easterly nne ,and Westerly right'-of-way I/nd of the S.abOClrd Coast line Railroad;
Thence South 17"39'52" Wesf along said Easfflriy and Wnt.rly /lne, for 1,4DO.87 feet to th,
POINT OF BEGINNING.
SubJtlcl to exl:1flng easemtmts, rlghhJ-of-way, covtlnanls, fYtservafTons and' restrictions of record. If ~
any. ..
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Sa'd lands lying and sltuate In Palm Beach County.' Florida. ~
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/NFDRIIAT/ON,\1, PIJRPOSES ONlY MID IS NOr lIU.Cl. AlXXTIONS OR ...
0EJ.E1T0NS IV SUIMY IiN'S OR RI!POHTS trf D7HDf THIW THE CERTIFlCATlON: ~
SIGNING PIRlY OR PAHTTE:s IS PROHI8ITC1J wt1HOIIT WRfT7EN
CCI/SCNT OF THE SIGHNI1 PNfTY OR PARIlB I
~ WfDS SHOwN _ IIE7!F NU1' ABSTTW:TED trf WNmIAN I HERf7( CER71FY IhGf tile _ o-:rlpIion _ SItoIch 10 Itw
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.J. /lATA SIK1WN HEREON MMS COIoIPII.ED fflfJIl I1TIIER =.. ~ ~~~IwCh'fi:.JiGJ:;:' =""
IIISTRUIJENlS AND DOES NUT CON:lTTflJTE A FIELD SIJI/VE:'I AS SUCH. m
.f, lIENfIN(;$ BASfJ) ON AN ASSWEIJ 8EMINC ~ THE: lI'ESIZl!Ly rOt' 11N f1rm: I
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LJNE liEAIlS SOIITH f 7J1"52' IlGT AND ALL UTIIE:R /Jt:AI/tNCS
SH(}IWII HCREON M€ Rfl.AJ1\IF THERE:rO. ,~
{)ATE:: REVISION, BY:
09/O-f!08 RE:VISED PER COUMrNTS /.IRe ~
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, , Exhibit "B" to Interlocal Agreement
Pa e 2 of 3
ni Wantman Group, Inc
Engineering +Plonning +Surve ying+tn vironmen tol
2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411
(866) 909-2220 tg.one (561) 887-1110 fa.
CERT No. 6 91 - L8 No, 7055
JAC1<SONVlI,.LE - ORLANOO - PORT ST. LUOE - TJJdPA
www,wantmangroup.com EXH',B1T 'UBU
DESCR/P11ON ct SKErcH
PREP.AR~ FOR:
THE: CITY OF BOYNTON BE"ACH. FtoRID4
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Exhibit "B" to Interlocal Agreement
Page 3 of,3
1m' Want man Group, Ine.
Engineering +Plannlng +Surve }fng +fn wonmtln tal
203S VlSTA PARKWAV, SUllE lOll WEST PAUl BEACH. FL 33411
(81511) 909-2220 phone (581) 687-1110 fox
CERT No. 6091 - L8 No. 7055
.JACKSONVlu.E .;. ORlANDO - PORT ST. lUCIE - T At.lP A
www.WGttmongroup.com EXHIB"IT UBU
DESCRJ1.!11ON ct SKETCH
PREPARED FOR:
THE: CITY OF' BOYNTON BEACH, Fl.DRJDA
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Exhibit "e" to Interlocal Agreement
Page 1 of 17
Prepared by 8< Return to:
Katrina L. Gilbert
Palm Beach County
Property 8< Real Estate Management Division
2633 Vista Parkway
West Palm Beach. FL 33411-5605
PCN: 08-43-46-05-00-000-3010
08-43-46-05-00-000,3.040
TEMPORARY CONSTRUCTION EASEMENT
TIDS TEMPORARY CONSTRUCTION EASEMENT ("Easement") made
by and between PALM BEACH COUNTY, a political subdivision ()f
the 'State of Florida ("County") whose mailing address is 301 North Olive Avenue, West
Palm Beach, Florida 33401- 4791, and CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, whose mailing address is 100 East Boynton Beach
Boulevard, Boynton Beach, Florida 33435-7934 ("Grantee").
RECITALS
Whereas, County is the owner of the land described in Exhibit "A" attached
hereto (the "County Property"); and
,Whereas, Grantee has requested that County grant a Temporary Construction
Easement to allow Grantee to install a regional force main, remove vegetation, and install
a landscape buffer on County's Property.
Now, therefore, for and in consideration of the sum ofTEN DOLLARS ($10.00)
to the County in hand paid by said Grantee, and various other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, County
does hereby grant to the Grantee, a non-exclusive Temporary Construction Easemerit
upon the real property legally described in Exhibit "B" attached hereto and made a part
hereof ("the TCE Easement Premises"). The rights granted pursuant to this Easement
shall be limited to the right' to utilize the TCE Easement Premises solely to install a
regional force main, remove vegetation, and install a landscape buffer (the "Project").
The regional force main shall be installed in the portion of the TCE Easement Premises
legally described in Exhibit "c" attached hereto and made a part hereof (the "Utility
Easement Premises"). The landscape buffer will be installed west of the Utility Easement
Premises. This Easement shall include the right of ingress and egress thereto, over,
across, through and upon that parcel of land depicted in Exhibit "D" attached hereto and
made a part hereof (the "Access Premises"). The rights granted pursuant to this Easement
shall expire and this Easement shall automatically terminate upon the earlier of Grantee's
completion of the Project or three hundred sixty-five (365) days after the Effective Date.
Notwithstanding such automatic termi~ation, Grantee shall promptly deliver to County a
Page) of9
Exhibit "e" to Interlocal Agreement
Page 2 of!7
Release of Easement, in a form satisfactory to County. upon completion of the Project, if
so requested by County.
1. Conditions to Riebt of Usaee. 'Grantee shall obtain from County and any
other necessary' governmental entities written approval of all plans relating to
construction of any improvement within 'the TCE Easement Premises prior to
commencement of construction thereof. Approval shall be obtained from the Director of
the Palm Beach County Department of Parks & Recreation, located at: 2700 6th Avenue
South, Lake Worth, Florida 33461-4727; (561) 966-6600 (telephone); (561) 963-6719
(facsimile).
All improvemen~ shall be constructed at Grantee's sole cost and expense and
within the confines of the TCE Easement Premises in accordance with the approved plans
and all permits and applicable statutes, rules, regulations, codes and ordinances. Grantee
shall give County ten (10) days written notice prior to commencement of construction;
Grantee shall not be entitled to construct any improvements within the TCE Easement
Premises other than those specifically identified herein.
Grantee acknowledges and agrees that the use of the TCE Easement Premises shall
be limited to Monday through Friday during the hours of 7:00 A.M. through 5:00 P.M.
Grantee also acknowledges and agrees that no constructiori shall take place upon the TCE
Easement Premises during any holiday when County offices are closed.
2. Location of Existiol! Utilities. Prior to exercising the rights conferred
hereunder, Grantee or any party acting as its agent shall locate the utility facilities within
the TCE Easement Premises and shall conduct and coordinate with all utilities that have
facilities within the TCE Easement Premises.
3. Use Limitation. Grantee acknowledges and agrees that the rights granted
by this Easem.ent are and shall be strictly limited to those specifically granted herein and
that Grantee may not utilize the TCE Easement Premises for any purpose not specifically
permitted hereby, including, without limitation, staging or storage of construction
equipment or materials.
. ,4. Maintenance. Repair. and Restoration. Grantee shall be solely
responsible for and shall, at all times, maintain and 'repair at its sole cost and expense the
TCE Easement Premises and Access Premises, and all improvements currently existing or
constructed hereafter therein during the term of this Easement. Grantee shall be solely
responsible for and shall, at its own cost and expense, promptly repair any damage arising
out of Grantee's exercise of the rights granted hereby and restore any improvements or
landscaping now existing or constructed or installed hereinafter within the TCE Easement
Premises to the condition it was in prior to such damage, using materials of like kind and
quality. In the event that Grantee fails to fulfill these obligations, County may complete
Page 2 of9
Exhibit "e" to Interlocal Agreement
Page 3 of 17
the work and Grantee shall reimburse County for all costs and expenses incurred as a
result of such failure.
5. Other ObliEations. Grantee agrees to diligently pursue all work
performed hereunder to completion and to exercise the rights granted hereunder in a
manner that does not unreasonably interfere with and minimizes the impact on the
CO,unty's use of the County's Property.
6. Personal Prooertv. County shall have no liabi,lity or responsibility
whatsoever for Grantee's improvements, equipment, personal or other property, nor that
of any other person or entity, placed upon or located within the TCE Easement Premises.
7. Prohibition AEainst Liens. Neither County's nor Grantee's interest in the
TCE Easement Premises shall be subject to liens arising from Grantee's or any other
person or entity's use of the TCE Easement. Premises, or exercise of the rights granted
hereunder. Grantee shall promptly cause any lien imposed against the TCE Easement
Premises or the County Property to be ,discharged or bonded off, pursuant to Chapter
255.05 and Chapter 713 of the Florida Statutes. In addition, Grantee shall either require
all contractors to furnish a payment and performance bond in accordance with Florida
Statutes Section 255.05, naming County as an obligee or, require such contractors to
comply with County's Bond Waiver Program as set forth in PPM #CW-F-016 as the
same may be amended from time to time, which' is hereby incorporated herein by
reference. Any required payment or performance bond shall be delivered to County prior
to commencement of construction.
8. Insurance., Grantee shall provide, maintain and keep in full force and
effect Automobile Liability and General Liability Insurance in an amount not less than
One Million Doliars ($1,000,000) per occurrence combined single limit bodily injury and
property damage liability coverage and Workers Compensation covering all employees in
accordance with Chapter 440 Florida Statutes. The General Liability policy shall include
coverage for the Easement Premises, Operations, Contractual Liability, Independent
Contractors Contractual Liability, and Broad Form Property Damage Liability coverages.
Except for Workers Compensation, all insurance poliCies shall name the
County as Additional Insured. Such insurance shall be in an insurance company licensed
to do business in the State of Florida and approved by the County . A Certificate of
Insurance evidencing such insurance coverage shall be provided to County's Property &
Real Estate Management Division at the address set forth in Section 16 below prior to the
commencement of any work pursuant to this Easement. Such Certificate shall require at
least thirty (30) days prior notice of cancellation or adverse material change in coverage.
Grantee is responsible for ensuring that any contractor or subcontractor entering the TCE
Easement Premises on its behalf has and maintains insurance caverage at least equal to
that required of the Grantee under the provisions of this Paragraph 8.
Page 3 of9
Exhibit "e" to Interlocal Agreement
Page 4 of 17
In no event shall the' limits of said insurance policies be considered as
limiting the liability of Grantee under this Agreement. Furthermore, Grantee shall and,
hereby does hold, County harmless from any loss or damage incurred or suffered by
County due to Grantee's failure to maintain such insurance.
9. Indemnification. Grantee shall be liable for its own actions and
negligence and, to the extent permitted by law, shall indemnify, defend and hold harrpless
COUNTY against any actions, claims, or damages arising out of Grantee's negligent,
willful or intentional acts or omissions in connection with this, Easement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Florida Statutes, Section 768.28, nor shall the same be co.nstrued to constitute
agreement by Grantee to indemnifY COUNTY for COUNTY's negligent, willful or
intentional acts or omissions.
10. No Dedication. The grant of Easement contained herein is solely for the
use and benefit of Grantee, and Grantee's authorized agents and employees, and is not
intended, and shall not be construed as a dedication to the public of any portion of the
TCE Easement Premises for public use.
11. Time of Essence. The parties expressly agree that time is of the essence in
this Agreement.
12. Matters of Record. Grantee hereby accepts the TCE Easement Premises
"As-Is", without warranty or representation and subject to zoning and other governmental
restrictions, matters reflected on any plat relating to the TCE Easement Premises, and all
other easements, restrictions, conditions, encumbrances and other matters of record.
13. Non-Discrimination. The parties agree that no person shaB, on the grounds
of race, color; sex, national origin, disability, religion, ancestry, marital status, gender
identity or expression, or sexual orientation be excluded from the benefits of, or be
subjected to, any form of discrimination under any activity carried out by the
performance of this Easement.
14. Construction. The terms of this Easement shall not be strictly construed
against one party as opposed to the other party based upon who drafted it. In the event
that any section, paragraph, sentence, clause, or provision hereof be held by a court of
~ompetent jurisdiction to be invalid, such shall not affect the remaining portions of this
Easement and the same shall remain in full force and effect.
Page 4 of9
. , Exhibit "e" to Interlocal Agreement
Page 5 of 17
15. Entire Understandine. This Easement represents the entire understanding
between the parties and supersedes all ether negetiatiens, representatiens, .or agreements,
either written .or .oral, relating ta this Easement.
16. Notice$. All netices and electiens (callectively, "natices") te be given .or
delivered by .or te any party hereunder, shall be in writing and shall be (as elected by the
- party giving such netice) hand delivered by messenger, ceurier service, .or nati.onal
.overnight delivery service (pr.ovided in each case a receipt is .obtained), telecapied .or
faxed, .or alternatively shall be sent by United States Certified Mail, with Return Receipt
Requested. The effective date .of any notice shall be the date .of delivery .of the n.otice if
by persDnal delivery, cDurier services, .or .overnight delivery service, .or .on the date .of
transmissi.on, with c.onfirmed answer back if telec.opier .or fax if transmitted befare SPM
.on a business day and on the next business day if transmitted after SPM .or .on a nen-
business day, .or if mailed, upen the date which the return receipt is signed .or delivery is
refused .or the netice designated by the pesta I autherities as nen-deliverable, as the case
may be. The parties hereby designated the follewing addresses as the addresses
te which notices may be delivered, and delivery te such addresses shall constitute binding
natice given te such party:
Ceunty:
Preperty & Real Estate Management Divisien
Attention: Direct.or
2633 Vista Parkway
West Palm Beach, Florida 33411-5605
56! -233-0217 (telephDne)
561-233-0210 (facsimile)
With a copy ta:
Palm Bea~h County Attorney's Office
Attn: Real Estate
301 Nerth Olive Avenue, Suite ,60 1
West Palm Beach, Flerida 33401
561-355-2225 (telephene)
561-355-4398 (facsimile)
Grantee:
Attention: City Manager
lOO E. Boynten Beach Blvd.
Beynton Beach, Florida 33435
(561) 742-6010 (telephone)
(561) 742-6011 (facsimile)
Page 5 of9
" ,
. ,
Exhibit "e" to Int~rlocal Agreement
Page 6 of 17
With copy to
City of Boynton Beach
Attn: Utilities Director
124 East Woolbright Road
Boynton Beach, Florida 33435
(561) 742-6404 (telephone)
(561) 742-6298 (facsimile)
and:
City Attorney's Office
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
(561) 742-6053 (telephone)
(561) 742-6054 (facsimile)
Any party may from time to time change the address to which notice under this
Easement shall be given such party, upon three (3) days prior written notice to the other
parties.
17. Default. In the event Grantee fails or refuses to perform any term,
covenant, or condition of this Easement for which a specific remedy is not set forth in
, this Easement, County shall, in addition to any other remedies provided at law or in
equity, have the right of specific performance thereof.
18 Governin2: Law & Venue. This Easement shall be governed by, construed
and enforced in accordance with the laws of the 'State of Florida. Venue in any action,
suit or proceeding in connection with this Easement shall be in a state court of competent
jurisdiction in Palm Beach County, Florida.
19. Prohibition Ae:ainst Assil!nment. This Easement may not be assigned by'
Grantee. Any assignment made by Grantee shall be void and without legal eff~ct.
20. Effective Date of Easement. This Easement is expressly contingent upon
the approval of the Palm Beach County Board of County Commissioners, and shall
become effective only when signed by all parties and approved by the Palm Beach
Coul1ty Board of County Commissioners. '
Page6of9
Exhibit "e" to Interlocal Agreement
Page 7 of 17
21. Reservation of Riebts. County hereby retains all rights relating to the
TCE Easement Premises not specifically conveyed by this Easement including the right
to use the Easement Premises and any improvements now existing or constructed
hereinafter therein, and the right to grant to third parties additional easements in the TCE
Easement Premises or the right to use the improvements therein,
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 7 of9
Exhibit "e" to Interlocal Agreement
Page 8 of 17
IN WITNESS WHEREOF, the parties have executed this Temporary
Construction Easement as of the day and year ,first above written.
Signed, sealed, and delivered in the presence of:
ATTEST: GRANTEE:
CITY OF BOYNTON BEACH, a Florida
municipal corporation organized and
existing under the laws of the State of Florida
By: By:
. City Clerk . Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
Witness Signature
Witness Name Printed
Witness Signature
Witness Name Printed
Page 8 of9
Exhibit "e" to Interlocal Agreement
Page 9 of17
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of ,
200_, by , the , of ,
a (_) who is personally known to me OR (_) who
has produced as identification and who (~ did ( )
did not take a oath.
(Notary Seal) Notary Public, State of Florida
Type, print or stamp name
Commission Number:
My Commission Expires:
ATTEST: County:
SHARON R. BOCK PALM BEACH COUNTY, a
CLERK & COMPTROLLER political subdivision of the State of
Florida
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM AND APPROVED AS TO TERMS
LEGAL SUFFICIENCY AND CONDITIONS
By: By:
Assistant County Attorney Department Director
O:\DevelopmcntlOpen ProjeclslPR-Caloosa Park(Boynton Easemcnl)\Eascmcnl- TeE 003 19 app,l00308.final.doc
Page 9 of9
, ,
Exhibit "e" to Interlocal Agreement
Page 10 of 17
EXHIBIT" A It
COUNTY PROPERTY
A parcel of land located in Section 5, Township 46 South, Range 43 East and being a part of
Government Lot 2 and Government Lot 3 and a portion of the Southeast Y4 of the Northwest V4 of
said Section and more particularly described as folIows:
Beginning at a point in the Northwest comer of Government Lot 3; thence running along the
North line of said Section 5, North 870 18' 34" East, a distance of 934.41 feet to the POINT OF
BEGINNING which point is also the Northeast comer of the property owned by the School
Board of Palm Beach County and recorded in Official Records Book 2097, page 439; thence
South 00 20' 43" East, a distance of 1900 feet more or less to a point; thence South 870 18' 34"
West; a distance of 934.41 feet to a point in the Westerly line of the Southeast V4 of the
Northwest Y4 which point is distant 475 feet Southerly more or less from the Northwest comer of
said Southeast Y4 of the Northwest Y4; thence run along the Westerly line of the Southeast Y4 of
the Northwest !I.t South 00 20' 43" East. a distance of700 feet more or less to a point, said point is
distant 330 feet more or less North of the Southwest comer of the Southeast!l.t of the Northwest
!I.t;'thence running along the same, North 87018' 34" East, 1130 feet more or less to a point in the
Westerly right-of-way of S.A.L. RR; thence Northeasterly along the Westerly right-of-way line
of the S.A.L. R.R, a distance of 2800 feet more or less to a point in the North line of Section 5,
which point is also the Northeast comer of Government Lot 2 lying West of the SAL. R,R
right-of-way; thence South 870 18' 34" West along the North line of Government Lot 2 and Lot
3, a distance of 1100 feet more or less to the POINT OF BEGINNING.
Exhibit "e" to Interlocal Agreement
, Page 11 of17
lm' Wantman Group, Inc.
, ' Engineering+PJonning+Surveying+,Environmenfof
2035 \/ISTA PARKWAY, SUITE 100 WEST PAlM BEACH. Fl 33411 EXHIBIT IIBII
'(866) 909-2220 pllon.. (581) 587-11.10 tax
CERT No. 6091 - LS No, 7055
JACKSONVIllE - ,ORlANDO - PORT ST. LUCIE - TAMP"
www.wantmangroup.com
DESCRIPTION 4' SKETCH
PREPARED toR:
TIE CITY OF' BOYNTON 8EAQI, FIiJRJoA
LEGAL DESCRIPTION: Temporary Construction Easement
A 40.00 foot wIde sfrlp of land lying In a porflan af Secflon 5, TownshIp 46 South, Range 4J
East, Palm Beach County, Florida ah,d beIng 0 portion of the lands ,described in Official Records
Book 3209, at Poge 260 fhrough 261 Inclusive, of the Public Records of Palm B,ach County,
Florida, ,and being more parf/eulariy described as faTloW's: '
BEGINNING at fhil Southeast comer of sold dflseribed lands, ,sold point being the POINT OF
BEGINNING, said point also bfllng on the Westerly right~of-way line of the Seaboard Coast Untl
Railroad; Thence South 17"39'52-' West along saId West.riy right-of-way line, for 344080 fut to
a poInt on the North ,right-of-waylln,- of the Lake Worth DraInage DIstrict Lciferal Canal L-29;
Thence departing aforflSaid, Westeriy right-of-way line South 88'09',JO. W.$( along said Norih
right-of-way /ine, for 42.44 "8', sold point being on a /In" 40.00 fettf Wetst of and parafltll with,
the Southerly ttxfens!an of the Easterly Ifne of aforesaId described -fonds and Wesferly
right-of-way line of the Seaboard Coast l.lns Railroad; Thttnce d~partlng aforesaId Norih
right-of-way lIne Norfh 17'39'52- East along sold parallel I1ne, for 1,77J.84 feef; Thence
ot/parilng saId parallel line South 72'20'()8- fast, for 40.00 fe.f, said point bf1lng on afof'flsald
described kmds Easterly II"'(J an.d Westsrly right-aI-way lIne offh. S"aboard Coast Une Railroad;
Thence'South 17'39'52" West along said Easteriy and Westerly line, for 1,414.87 f.,,1 to the ~
POINT OF BEGINNING. '
~
Subjflct fa exIsting easements, rights-of-way, cO'lflnants, reservafTons and restrictions of record, if .,.
~
any. ~
Sold lands lying and sltuafe In Palm Beach County, florida. ~
t
(Nor A SURVEY-DESCRIPTION..AND SKETCH' ONLY) ~
,
.,
!:l
SURVEYOR'S NOTES ~I
R
I. wu::ss " /EARS THE SIl'iIHAru~ IoN/) THE ORIGINAL IWSrD .5. WAN1IIAN GRriuP. INC.. CEfmF!CATE: OF AJ.RHQRUATIOII No. t
SEAL OF II I'LQW4 I.ICD/St:l) ~ NfD _Elf ElfPL(JmJ Br' 7ta\ 15 'ISS/B) Br' THC Fl.tJRI(J,\ DOWrTJlDIT OF 8lJSINESS
, WN(DIAN GROlIP. INC.. 7HIS MoIII'/NO. SKE:rr:H. PlItT (}If MAP IS FOR AND PflOFESSlOlW. RE:CUlA1IOtI.
iNFOfWAT/ONIi.. PIJIlPOSES ONLY NiD IS NOT I!WD. ADDITIotIS (}If
'ot1E/1CNS 10 SlIfm' WPS OR REPOIfrS Br' rmtE:R TItAN 7HC CERTIFICATION: ~
SIGNING PNnY (}If PIIRTIES IS PROHIBI7f1) rmHOI,IT' WflfTTEN "
CDNSOIT OF THE: S1r;NINr; PNfTY OR Pt4Hl1E:S. ~,
2, lANDS $HOIffN HEREON WDlE' NOT NJ$r1W:TE:IJ Br' WANT/NoN I flEREIl'f CDI1/fY that lIMo ,,11_ _plJen cmd SJretoll Is ,- I
end _ fo "'" _ ~(f!lY,itn..... _ _ _ fIKrf it_
GROIJP. INC. fOR E:I\SEMEWIS ANO RICffi'$-OF-WAY ()f' REr:ORD. tM I/1nIrJHJm T..,.,1<itiI SfiiMti;d., .../ forlh by "'" _ _ of
J. OIlll SHOWN HERF:ON ~ COIJPII.ED F1/OM OTHER __,~ !!!;!;f!;~:~:cn"Jbr aIG17-6, Florid"
INSI1MIfI('fS NfD DOES NOT CONS17TII1C II FlEl.D S/J/MY AS S/JCH. ~ ~ .b=.~~' ~ ~7ZO:7 F1orldo stt1futu. lll,
.. I3CN/INGS s.\SEl> ON #I ASSlNErJ _ ALONG TlIl:' ~Y Far TIi/ Q~!P;~.~:~{I}!- , ~
-~' , ;:t::...'..q...'. "
IIIGtfT-OF-WAt /.JN€ OF THr SFA8CI4RD COAST UNE 1WlR~ SAID ~,'..~. ot ~ ~.... ~. t}:t..u - ,,.. .-" :g
UN€ flliIRS SOfJ7H 17:J9"Z' I/IEST NiD IILL UTHER IJE)J'lIN(fS ~i1::: '1/: p~,<1 ,\ ".j~
SHOWN HE:MrJN ARe ~lAT1VE THERDO. ~~- ,~l~!:"!"':'.~ " q1Y/~8 ,~
llA n:: RFVlSION: or: sr.., ,',.",', -' DATE: ?::
09/04108 ~ -Q~EJ.i!tI(;;K:$ " ': ",.s-,' 2
RFVlSro PER COMMENTS ' MRC PROFFSSIo;'fId- . sii1MroK,;WO,/ii,fi>/?.EI/:;;FLOR1OA. UCENSf: NO. 5655 ~
OFFICE I l.I'!rtr'~1'.:;;~i"qs/,JI/08 1.108 .07667.01 C
<:;
CHCCKf:D r. iooz . I ~ET ' i OF .J ToWG 66701_UC 5-TCMP . ~
" "_.~--~ '.. '"
i Exhibit "e" to Interlocal Agreement
Pa e 12 f 17
lm Wantnlan Group, Inc.
Engineflrfng .Planning +Svrveying+cn wronmfln tal EXHIBIT liB"
2035 VISTA Pi\RKWAY, SUllE 100 WEST PALl.! BEACH. FI. 33411
, (8115) 90~2220 phone (561) ea7-1110 fax
CERT No. 6091 - LB No. 70M
JACKSONVlu.E - ORlANDO - PORT ST. ,LUCIE - TAMP'"
www.wcntmanll"oup.com
oEscR1PnON It SKE:TCH
PREPARED FOR:
THE CRY OF BOYNTON BeACH. FLORIDA, ..,
MATCH SEE SHEET "
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~~~~ I D.R.B. = Offle/oJ Reaords B~ ,~'
c- ~ >.tiV ...,.. ,.,./." P.B.C.f? = Palm B..ach County R.~ords Ill,
&j ~ S'.s.:..,y.J' ~ P.B. == Plot Sook ~
~ 4%-11'.'/ ~-, PO. = Page
___ ~ C'c- Of. 09' R'/W == RIght-of-Way is
. / ('<5' %/Cr "2-4';'0.", '<C
'- - ,~
iAT~: ~ :12
~ RfV1SION: I ';'
09/0"/08 REVlSE:D PeR COM~NTS I.tRG (NOT A SURVEY-DESCRIPTiON AND SKETCH ONLY) i~
~
omc~ ~TE OJ/J7/08 JOB 407667.07 .~
CI/ECKro SHEET 2 OF .J DII'G 66701_lIf 5- TEM!' .~
Exhibit "e" to Interlocal Agreement
'. Pae 13 of 17
,1m Wantman Group, Inc.
Engineering+Plonnfng +Survey!ng+En vironmenfof EXHIBIT " B "
2035 VISTA PARKWAY. 'sum: 100 'NEST PAUl BEACH. FL 33411
(86S) 909-2220 phone (561) 687-1110 fax
, CERT No. 6lil91 - LB No. 7055
JACKSQN\IIUE- ORLANDO - PORT ST. LUCIE - TAMPA
ww...wantmongroup.c:om
DESCRIP110N a SKE:TCH
PREPARED FOR: '
THE CITY OF" BOYNTON BEACH. Fl.0Rf0A
I
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LEGEND: ///1 I J,
~
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OoR.S. = Offlclol R..,OIfI. Book / ~
P.B.C.R.. = f>olm Beach COl/flly RKtJt'd. / i
P.B. = Plat Book / ~
PG. ::: Pt/911 /
R/W ::: Hlght-of-WeT / ,~
, / 'b
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MATCH SEE SHEET 2 I@
;;
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~
{)Are RCVfSION: Erf: ~
09/04/08 REVTSED PF:R COMMENTS URG (NOT A SURV'Er-])ESCRIPTION AND SKETCH ONLY) ~
~
omcr [}ATE OJ/J!/08 J08 401557,01 ~
CHCCKE:D SHEIT ,J OF ,J om; 6670t_ut: 5-TrMP ,i
, Exhibit "e" to IoterJocal Agreement
Page 14 of 17
'niWantman Group, Inc.
Englneering+Plannin'g+Surve)ing +En v;ronm(ln tal
2035 VlST'- PARKWAY, SUIlE 100 \\EST PAUll BEACH. FL J3.4.11 EX'HIBIT IICU
(866) 909-2220 phone (561) 667-1110 Ia><
CERT No. 6091 - LB No. 7055
JACKSOWIll.lE - 0R\.ANl)0 - PORT ST., LUCIE' - TAMPA
www.WOIltmon~OIJp,eom
DESCRIP710N It SKE1'CH
PREPARED FOR:
THE Cf1Y OF" BO'tNTrJN BE:ACH. Fl.0R/D4 ,-
LEGAL DES.CRIPTION: Utility Easement
A 12.00 foot wide slrlp of land lyIng in (1 porilon of Sectlon 5, TownshIp 46 South, Range 4J.
East. Palm 8each County, FTorlda and beIng a pori ion of thtl lands described In Offlclol Records
Sook 3209, at Page 250 through 261 Inclusl"e~ of Ih" Pllblic Records of Palm Bllach County,
Florida, and b.lng marll particularly described as follows:
BEGiNNING of the Southeast comer of sold descrlblld lands, saId point being tnll POINT OF
SmlNNING, sold point also btling on thfl Westerly right-ai-way line of the Seaboard Coast UfIfI
Railroad; Thence South 17'39'52" Wesf along sold Westerly right-of-way line, for 344.80 f".t fa
a poInt on th. Norih right-of-way line of fhe Lake Worth DraInage DIstrict Lattlral Canal L-29;
Thflnce departing aforesaId Wt1:1terly right-of-way 11nll So.uth 8/r09'30" West along said Norlh
right-of-way 11M, far 12.7:$ '"tlt, said polnf beIng on a line 12.00 feef West of and p<1rallel wlfh
thfl Sautherly extenslan of fhe Eastflrly 11"" of afort/sald dllscrib"d, lands and Wesfflrly
right-of-way line, of the Seaboard Coast: Line Railroad; ThenctI d"parllng afofflsaid Norlh
right~of-way lintl North 1739'52- East along sold parol/ell/ne, ftir 1.749.92 fetlt; rhtlncII
deparllng sald parul/el IIntl South 72'20'08" East, for 12.00 feet, Said paint hflfng an aforesaid
described lands Easterly Ifne and Wflsterly right-of-way /Tn, of fhe Seaboard Coast Line Railroad;
ThllnCB South 17>39'52" WIIsf along sold Easterly and Wflsterly IInfl, for 1,400.87 fHt to the
POINT OF BEGINNING.
Subject to existing easflmtJnfs, rights-Of-way, co~nanfs, reservaflons and resfrlcffons of record, If ~
any. <!;.
SaId lands lying and sltuattl in Palm Beach County. F7orldo. ~
...
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ~
r
'<'l
~
SURVEYOR'S NOTES ..!
~
I. ~ IT ll&\R$ tHE SIGNo\7liRE' IWQ THE: 0RlG0H4L IWSElJ S. WNmINf Qil;ltP, INC., CERT1FIr:ATE OF AIIIHORJZA.T1ON No. ~
$4L OF .A I'UlillDI LICENSED SUIM'l'tIR AND _ ,EltI'tfl'1'C1J BY ~ 1$ /SSIJfD BY THE: FLGVrIQoI O&NmlENr OF BUSIIIf:SS I
WNfTUAN fiROIJP. INC., I711S'DI\lo\IIlPIG, ~ PlAT OR AMP IS FOR Nm PfIOFESSIOHM. RUMA'roN.
1I/Fl:Jtff,M71ONAl. PtJRPO$ES ONLY NIl) IS NOT MlLJD. .ADDmONS OR
DElE/lONS TO 5VRIa' MIPS OR REPC1f(1S BY C1THE11 ~ 7H!: CERTIFICATION: '~
SIGHNG PI'IRTY OR FWfTD IS PROHf8fTF:O wmK1I1T WRfTTrN 'b'
COII!Dff OF ~ SIGNING PNm' OR PA/mES. i
'2, /.ItNlJS SHC1WN HERfDN WERf: NOT ABSTR.Ar:rE1J BY WAN7JIAN I HfRE1rf CERTFY _ tho ott_ o.:rtptJon ood SIa<tdr ,. tnIo
oode_to tho _tflf"'X ~ __ _ fhoj i/1lIH1I
r;ROUP. INC. FM E:.ASDIENTS NIO RIGHTS-OF-WAY OF RFXORO. Ih. Irmllmurr Todln/I;tIf 51otItJI1iIb wi _ /Iy tho Florida Boon! ., ~'
p_ ~.AMI ~ In Cho,otw 611;17-5, ,_
.J. ~7i\ SHOw/( HfREON IIICS COUJ>/tED FROM OIHER ArImI_.... purIUIlIIl to Chapter 472.027 _ statuffi. 0;
INS1RlJIIOITS AND DOCS ~ CONSTTTlIT[ A fIELD SURVEY AS SUCH, al,
f, 8EAJllNCS BUEll, ON Ni ASSlJIIaJ Bf:AR1N(] At.DNO THE: It!:Smli. r For Tho r""" !
_1m"", "'-' In",
f/lCHf-oF-WAY U~ OF THE: SEA/1OtI.RQ CCI4ST UNE R4/Ult)Ul, SAID .. . ~
UNC BfMS 5O(ffH I'rJl1'Sl'" II'EST All" AU (lfHER BEARINGS
SHOWN HfR!CN AR< RE1A71VE TIIERE:To. ~
DATE: REVISION: BY: i':
~
09/04/08 REVISED PER COMMENTS MRG ~
.lOB #17667.01 ,~
D~ 6670U.l< 5 'I
Exhibit "e" to Interlocal Agreement
" Page15of17
'I'
ntJ Wantman Group, Inc.
Il1JI Engine~;ng.Planning.SurYf!y;ng .Environmental
2035 'YlSTA PAIII<WAY. SUI'TE 100 WEST PAL},l'BEACH. Fl.' 3341'
(866) 909-2220 phone (561) 687-1110 talC EX HI BIT II C II
CERT No. 5091 - LB No. 7055 ..
JACKSONl/llLE - ORLANDO - PORT ST. WOE - TANPA ' '
www.wontmangroup.com
DESCRIPTION ~, SKETriH
PREPARE!) FOR:
TfE CITY OF BOYNTON BEACH. FLORHJ4
MATCH SEE SHEET' J
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4I-c ...c,,~~ ~ .:1... P.B.C.R.= Palm BflCleh CDunly ROC1lrds lB:
(,../"O/;'"" $-~tI~.J - ~'_ P.'. => PIal Book ~
'b:>-'I( O~""-l -..::::-~"- PO. '" Pogo !,j
....._ ~ G'c O/S 'g:ro' - ~ R/W => Rlght-ot-Way ~
I (-~g ;>f;>/c'r '2. 7,r. "'..J - - -, ~
" _____ I ~
6ATE: - Rf:V1SION: BY! : ~
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) lQ
'5
omcE: DATE: O:J/J!/08 JOEl W760l.01 'B
CH<CKm SHf:E:T 2 OF J OWG 66707_Uf: 5 ~:;:;
.., . , Exhibit "C" to Interlocal Agreement
Pa e 16 of 17
l1\I Wantman Group, InC.
Engineering+P/anning +Surveyfng+En vironmenfol
, '2035 \llSTA PARKWAY, SUITE 100 WEST, PALIol BEACH, FL 33411
(866) 909-222C1 poon. (561) 687-1110 fox EXHIBIT IICU
CERT No. 6091 - La No. 7055
JACI<SONVlu.E .;. ORLANDO - PORT ST. LUCIE - TAMPA
www.wulltman9'bUp.com
DESCR1P11ON ~ SKETCH
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. '< Page 17 of 17
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EXHIBIT "D"
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1'~ CITY OF BOYNTON BEACH ~ CALOOSA PARK
.. REGIONAL FORCE MAiN ACCESS PREMISES EXHIBIT
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.i' Wantman Group, Inc. CMJ P9C POl1al Eld1~
! ORAV./N JlIIR X)8NO.401567.01
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f (561) 687-2220 pilon" (56') el87-HHl fcrx QC OKS !ICAi.E 1 w _ 200'
<:ERT No. 8091 - 1.S No. 7055
LEGEND:
lBIIl Access Premises ,
EXHIBIT "D" TO INTERLOCALAGREEMENl'
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l~ to ! CALOOSA PARK PAlJ,l BEACH COUNTY
i CITY OF BOYNTON BEACH PARK$ & ~ReJ>TIOH OEPARN8<\' .
\l ~ ~ REGIONAL FORCE MAIN PROmCf ·
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Prepared by &. Return to: !( 0 i ;0/ JJ J
Katrina L, Gilbert
Palm Beach County
Property &. Real Estate Management Division
2633 Visla Parkway
West Palm Beach. FL 334 j 1-5605
PCN: 08-43-46-05.00.000-3010
08-43-46-05.00.000-3040
R2009...QO 97
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement") made
JAN 1 3 2~ and between PALM BEACH COUNTY, a political subdivision of
the State of Florida ("County") whose mailing address is 30 I North Olive Avenue, West
Palm Beach, Florida 33401- 4791, and CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, whose mailing address is 100 East Boynton Beach
Boulevard, Boynton Beach, Florida 33435-7934 ("Grantee").
RECITALS
Whereas, County is the oWner of the land described in Exhibit "A" attached
hereto (the "County Property"); and
Whereas, Grantee has requested that County grani a Temporary Construction
Easement to allow Grantee to install a regional force main, remove vegetation, and install
a landscape buffer on County's Property.
Now, therefore, for and in consideration of the sum ofTEN DOLLARS ($10.00)
to the County in hand paid by said Grantee, and various other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, County
does hereby grant to the Grantee, a n~m.exclusive Temporary Construction Easement
upon the real property legally described in Exhibit "B" attached hereto and made a part
hereof (''the TCE Easement Premises"). The rights granted pursuant to this Easement
shaIl be limited to the right to utilize the TCE Easement Premises, solely to install a
regional force main, remove vegetation, and install a landscape buffer (the "Project"),
The regional force main shall be installed in the portion of the TCE Easement Premises
legally described in Exhibit "c" attached hereto and made a part hereof (the "Utility
Easement Premises"). The landscape buffer will be installed west of the Utility Easement
Premises. This Easement shall include the right of ingress and egress thereto, over,
across, through and upon that parcel of land depicted in Exhibit "D" attached hereto and
made a part hereof (the "Access Premises"). The rights granted pursuant to this Easement
shall expire and this Easement shall automatically terminate upon the earlier of Grantee's
completion of the Project or three hundred sixty-five (365) days after the Effective Date.
Notwithstanding sucn automatic termi~ation, Grantee shall promptly deliver to County a
Page 1 of9
, , ' .
Release of Easement, in a fonn satisfactory to County, upon completion of the Project, if
so requested by County.
1. Conditions to Ril!ht of Usal!e. Grantee shall obtain from County and any
other necessary governmental entities written approval of all plans relating to
construction of any improvement within the TCE Easement Premises prior to
commencement of construction thereof. Approval shall be obtained from the Director of
the Palm Beach County Department of Parks, & Recreation, located at: 2700 6th Avenue
South, Lake Worth, Florida 33461-4727; (561) 966-6600 (telephone); (561) 963-6719
(facsimile).
All improvements shall be constructed at Grantee's sole cost and expense and
within the confines of the TCE Easement Premises in accordance with the approved plans
and all permits and applicable statutes, rules, regulations, codes and ordinances. Grantee
shall give County ten (10) days written notice prior to commencement of construction;
Grantee shall not be entitled to construct any improvements within the TCE Easement
Premises other than those specifically identified herein.
Grantee acknowledges and agrees that the use of the TCE Easement Premises shall
be limited to Monday through Friday during the hours of 7:00 A.M. through 5:00 P.M.
Grantee also acknowledges and agrees that no construction shall take place upon the TCE
Easement Premises during any holiday when County offices are closed.
2. Location of Existinl! Utilities. Prior to exercising the rights conferred
hereunder, Grantee or any party acting as its agent shall locate the utility facilities within
the TCE Easement Premises and shall conduct and coordinate with all utilities that have
facilities within the TCE Easement Premises.
3. Use Limitation. Grantee acknowledges and agrees that the rights granted
by this Easement are and shall be strictly limited to those specifically granted herein and
that Grantee may not utilize the TCE Easement Premises for any purpose not specifically
permitted hereby, including, without limitation, staging or storage of construction
equipment or materials.
, 4. Maintenance. Repair. and Restoration. Grantee shall, be solely
responsible for and shall, at all tunes, maintain and repair at its sole cost and expense the
TCE Easement Premises and Access Premises and all improvements currently existing or
constructed hereafter therein during the term of this Easement. Grantee shall be solely
responsible for and shall, at its own cost and expense, promptly repair any damage arising
out of Grantee's exercise of the rights granted hereby and restore any improvements or
landscaping now existing or constructed or installed hereinafter within the TCE Easement
Premises to the condition it was in prior to such damage, using materials of like kind and
quality. In ~e event that Grantee fails to fulfill these obligations, County may complete
Page 2 of9
. . ' .
the work and Grantee shall reimburse County for all costs and expenses incurred as a
, result of such failure.
5. Other Obli2ations. Grantee agrees to diligently pursue all work
'performed hereunder to completion and to exercise the rights granted hereunder in a
manner that does not unreasonably interfere with and minimizes the impact on the
County's use of the County's Property.
6. Personal ProDertv. County shall have no liability or, responsibility
whatsoever for Grantee's improvements, equipment, personal or other property, nor that
of any other person or entity, placed upon or located within the TCE Easement Premises.
7. Prohibition Ae:ainst Liens. Neither County's nor Grantee's interest in the
TCE Easement Premises shall be subject to liens arising from Qrantee's or any other
person or entity's use of tbe TCE Easement Premises, or exercise of the rights granted
hereunder. Grantee shall promptly cause any lien imposed against the TCE Easement
Premises or the County Property to be discharged or bonded off, pursuant to Chapter
255.05 and Chapter 713 of the Florida Statutes. In addition, Grantee shall either require
all contractors to furnish a payment and performance bond in accordance with Florida
Statutes Section 255.05, naming County as an obligee or, require such contractors to
comply with County's Bond Waiver Program as set forth in PPM #CW-F-016 as the
same may be amended from time to time, which is hereby incorporated herein by
reference. Any required payment or performance bond shall be delivered to County prior
to commencement of construction.
8. Insurance. Grantee shall provide, maintain and keep in full force and
effect Automobile Liability and General Liability Insurance in an amount not less than
One Million Doliars ($1,090,000) per occurrence combined single limit bodily injury and
property damage liability coverage and Workers Compensation covering all employees, in
, accordance with Chapter 440 Florida Statutes. The General Liability policy shall include
coverage for the Easement Premises, Operations, Contractual Liability, Independent
Contractors Contractual Liability, and Broad Form Property Damage Liability coverages.
Except for Workers Compensation, all insurance policies shall name the
County as Additional Insured. Such insurance shall be in an insurance company licensed
to do business in the State of Florida and approved by the County. A Certificate of
Insurance evidencing such insurance coverage shall be provided to County's Property &
Real Estate Management Division at the address set forth in Section 16 below prior to the
commencement of any work pursuant to this Easement. Such Certificate shall require at
least thirty (30) days prior notice of cancellation or adverse material change in coverage.
Grantee is responsible for ensuring that any contractor or subcontractor entering the TCE
Easement Premises on its behalf has and maintains insurance coverage at least equal to
that required of the Grantee under the provisions of this Paragraph 8.
Page 3 of9
,
. .
In no event shall the' limits of said insurance policies be considered as
limiting the liability of Grantee under this Agreement. Furthermore, Grantee shall and.
hereby does hold County harmless from any loss or damage incurred or suffered by
County due to Grantee's failureto maintain such insurance.
9. Indemnification. Grantee shall be liable for its own actions and
negligence and, to the extent permitted by law, shall indemnify, defend and hold harmless
COUNTY against any actions, claims, or damages arising out of Grantee's negligent,
willful or intentional acts or omissions in connection with this Easement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute
'agreement by Grantee to indemnify COUNTY for COUNTY's negligent, willful or
intentional acts or omissions.
10. No Dedication. The grant of Easement contained herein is solely for the
use and benefit of Grantee, and Grantee's authorized agents and employees, and is not
intended, and shall not be construed as a dedication to the public of any portion of the
TCE Easement Premises for public use.
11. Time of Essence. The parties expressly agree that time is of the essence in
this Agreement.
12. Matters of Record. Grantee hereby accepts the TCE Easement Premises
"As-Is", without warranty 'or representation and subject to zoning and other governmental
restrictions, matters reflected on any plat relating to the TCE Easement Premises, and all
other easements, restrictions, conditions, encumbrances and other matters of record.
13. Non-Discrimination. The parties agree that no person shall, on the grounds
of race, color, sex, national origin, disability, religion, ancestry, marital status, gender
identity or expression, or sexual orientation be excluded from the benefits of, or be
subjected to, any form of discrimination under any activity carried 'out by the
performance of this Easement.
14. Construction. The terms of this Easement shall not be strictly construed
against one party as opposed to the other party based upon who drafted it. In the event
that any section, paragraph, sentence, clause, or provision hereof be held by a court of
competent jurisdiction to be invalid, such shall not affect the remaining portiuns of this
Easement and the same shall remain in full force and effect.
Page 4 of9
J
15. Entire Understandine. This Easement represents, the entire understanding
between the parties and supersedes aU other negotiations, representations, or agreements,
either written or oral, relating to this Easement.
16. Notices. All notices and elections (collectively, "notices") to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by the
party giving such notice) hand delivered by messenger, courier service, or national
overnight delivery service (provided in each case a receipt is obtained),telecopied or
faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt
Requested. The effective date of any notice shall be the date of delivery of the notice if
by personal delivery, courier services, or overnight delivery service, or on the date of
transmission with confirmed answer back if telecopier or fax if transmitted before 5PM
on a business day and on the next business day if transmitted after 5PM or on a non-
business day, or if mailed, upon the date which the return receipt is signed or delivery is
refused or the notice designated by the postal authorities as non-deliverable, as the case
may be. The parties hereby designated the following addresses as the addresses
to which notices may be delivered, and delivery to such addresses shall constitute binding
notice givepto such party:
County:
Property & Real Estate Management Division
Attention: Director
2633 Vista Parkway
West Palm Beach, Florida 33411-5605
561-233-0217 (telephone)
561-233-0210 (facsimile)
With a copy to:
Palm Beach County Attorney's Office
Attn: Real Estate
301 North Olive Avenue, Suite 601
West Palm Beach, Florida 33401
561-355-2225 (telephone)
561-355-4398 (facsimile)
Grantee:
Attention: City Manager
100 E.. Boynton Beach Blvd.
Boynton Beach, Florida 33435 ...
(561) 742-6010 (telephone) ,
(561) 742-6011 (facsimile)
Page 5 of9
I
With copy to
City of Boynton Beach
Attn: Utilities Director
124 East Woolbright Road
Boynton Beach, Florida 33435
(561) 742-6404 (telephone)
(561) 742-6298 (facsimile)
and:
City Attorney's Office
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
(561) 742-6053 (telephone)
(561) 742-6054 (facsimile)
Any party may from time to time change the address to which notice under this
Easement shall be given such party, upon three (3) days prior written notice to the other
parti es.
17. Default. In the event Grantee fails or refuses to perform any term,
covenant, or condition of this Easement for which a specific remedy is not set forth in
this Easement, County shall, in addition to any other remedies provided at law or in
equity, have the right of sPecific performance thereof.
18 Governine Law & Venue. This Easement shall be governed by, construed
and enforced in accordance with the laws of the State of Florida. Venue in any action,
suit or proceeding in connection with this Easement shall be in a state court of competent
jurisdiction in Palm Beach County, Florida.
19. Prohibition Ae:ainst Asshmment. This Easement may not be assigned by
Grantee. Any assignment made by Grantee shall be void and without legal effect.
20. ' Effective Date of Easement. This Easement is expressly contingent upon
the approval of the Palm Beach County Board of County Commissioners, and shall
become effective only when signed by all parties and approved by the Palm Beach
County Board of County Commissioners.
Page 6of9
, J
21. Reservation of Riehts. County hereby retains all, rights relating to the
TCE Easement Premises not specifically conveyed by this Easement including the right
to use the Easement Premises and any improvements now existing or constructed
hereinafter therein, and the right to grant to third parties additional easements in the TCE
Easement Premises or the right. to use the improvements therein,.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 7 of9
, ,
IN WITNESS WHEREOF, the parties have executed this Temporary
Construction Easement as of the day and year first above written.
Signed, sealed, and delivered in the presence of:
ATT,EST: GRANTEE:
CITY OF BOYNTON BEACH, a Florida
municipal corporation organized and,
existing under the laws of the State of Florida
By: By:
Judit
rt~~(.. ~ci!l;~
ctl~ Mr.~'1
Witness Signa e '
\" c.-~~ ~ ~~CA...",-i.\~~e..
Witness Name .~
~/
Witnj,gn~. -
ftL- ha4 i. I
Witness Name Printed
Page 80f9
'.
STATE OF FLORIDA
COUNTY OF PALM BEACH ,Q!!J
The foregoing instrument was acknowledged before me this1iay 0 b
200E, bN~' the Mfi.~{}t, , of' 1
a L2L..) who is personally known to me OR --> lho
has produced -HIAas identification and who <_) did < )
did not take a oath. ~tw1.1 ~~~
(Notary Seal) Notary Public, State 0' lorida
NOTARY PUBIJC-STATB OF FLORIDA QMhen n e Q..her (~ - t!:u. ber rfD t1
'.......... Catherlllll ChelT)'-GubenDaII
tW)commlssloD #DD792144 Type, print or stamp name '
~ ~lreI: MAY 27, 2012 Commission Number: bD 1Q~ fL/Y
lIOiGl'iD TIDII ATLAII'I'ICBOllllDlI1 co.. me.
My Commission Expires:~I~
ATTEST: County:R 2009' 0097
SHARON R. BOCK PALM BEA&NJotMt a
CLERK & COMPT~"",,~ political subdivision of the State of
-=" O~ ........ CO~ Florida
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.o'!! . ........~ By:
By: i i<n~
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APPROVED AS TO FORM AND APPROVED AS TO TERMS
LEGAL SUFFICIENCY AND CONDITIONS
By: By'V'4\-- ~ ,^,l~
Assis Department irector'"
G:\DcvclopmentlOpen Projects\PR-Caioosa PlU'k(Boynton Eascmenl)\Easemenl-TCE 003 J8 app,l00308,final.doc
Page 9 of9
, . .,
, '
EXHIBIT" A"
COUNTY PROPERTY
A parcel of land located in Section 5, Township 46 South, Range 43 East and being a part of
Government Lot 2 and Government Lot 3 and a portion of the Southeast ~ of the Northwest ~ of
said Section and more particularly described as follows:
Beginning at a point in the Northwest comer of Government Lot 3; thence running along the
North line of said Section S, North 870 18' 34" East, a distance of 934.41 feet to the POINT OF:
BEGINNING which point is also the Northeast comer of the property owned by the School
Board of Palm Beach County and recorded in Official Records Book 2097, page 439; thence
South 00 20' 43" East, a distance of 1900 feet more or less to a point; thence South 87018' 34"
West; a distance of 934.41 feet to a point in the Westerly line of the Southeast ~ of 'the
Northwest ~ which point is distant 475 feet Southerly more or less from the Northwest comer of
said Southeast ~ of the Northwest ~; thence run along the Westerly line of the Southeast Y4 of
the Northwest ~ South 00 20' 43" East, a distance of700 feet more or less to a point, said point is
distant 330 feet more or less North of the Southwest corner of the Southeast ~ of the Northwest
Y4; thence running along the same, North 870 18' 34" East, 1130 feet more or less to a point in the
Westerly right-of-way of S.A.L. R.R.; thence Northeasterly along the Westerly right-of-way line
of the S.AL R.R., a distance of2800 feet more 'or less to a point in the North line of Section 5,
which point is also the Northeast corner of Government Lot 2 lying West of the SAL. R.R.
right-of-way; thence South '87018' 34" West along the North line of Government Lot 2 and Lot
3, a distance of 1100 feet more or less to the POINT OF BEGINNING.
, . I "
lm Wantman Group, Inc.
EngintJl'Jling+Planning +Survtlying+En vironmen fal
2035 \IISTA PARKWAY, SUITE 100 WEST PALM BEACH, F1. 33411
(886) 1109-2220 phone (Ml) 687-1110 fax
CERT No. 11091 - l8 No. 7~
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wantmanll"aup.com
DESCRIPT10N . SKE:T'CH EXHIBIT flBU
PREPARED FOR:
THE CITY OF BOYNTON BEACH, FI.ORIDA
LEGAL DESCRIPTION: Temporary Construction Easement
A 40.00 foot wIde strip of land lyIng In a porllon of Section 5, TownshIp 46 South, Range 43
East, Palm Beach County, Florida and being a porllon of the lands described In Offfclal Records
Book ~209, at Page 260 through 26 I Inclus/Wl, of the Public Records of Palm Beach County,
Florida, and beIng more parllcularly described as follows:
BEGINNING at the Southeast comer of saId described lands, saId poInt beIng the POINT OF
BEGINNING, saId poInt also beIng on the Westerly right-Of-way line of the Seaboard Coast LIne
Railroad; Thence South 11'39'52- West along saId Westerly right-of-way line, for J44.80 feet to
a poInt on the Norlh right-of-way line of the Lake Worlh DraInage District Lateral Canal L-29;
Thence deparllng aforesaid Westerly right-of-way line South 88'09'JO- West along saId Norlh
right-of-way line, for 42.44 feet. said poInt beIng on a "ne 40.00 feet West of and parallel with
the Southerly extensIon of the Easterly line of aforesaid described lands and Westerly
rIght-of-way line of the Seaboard Coast Une Railroad; Thence deparllng aforesaid Norlh
right-of-way line Norlh 11'J9'52- East along saId parallel line, for 1,77J.84 feet; Thence
depurllng saId parallel line South 72'20'08- East, for 40.00 feet, saId poInt beIng on aforesaid
described lands Easterly line and Westerly right-of-way line of the Seaboard Coast LIne Railroad;
Thence South 11':59'52- West along saId Easterly and Westerly line, for 1,414.87 fe"t to th" ~
POINT OF BEGINNING.
Subject to exIsting easements, rIghts-of-way, covenants, reservations and restrictions of record, If i
~
any. -
SaId lands lyIng and situate In Palm Beach County, Florida. ti
t
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ~
J,
~
I
SURVEYOR'S NOTES R
1. UNLESS fT BEARS TN[ SlGNA1IJRf: AND THE QIIIG1H4L RNSED 5. WNITA/Ni QIirXAP. JNC.. CEJmFlCATE OF AJ/THaflZATtON No. !
_ OF" 11_ UCENSED SUIW)'ll/f AND MAPnR EMPLt1'fED 1W ~ IS ISSUED 1W THE 110R10A DE1'NmIENT OF ~ -l!
~
_ GRrlCIP. JNC.. THIS ~ SItE1CH, PlAT OR /lAP IS FOR AND PROFFSSIONAL Rf.'QUU.T1ON. .;:
1I\I1'llIlMl_ PIJIIJ'05CS ONLY AND IS NUT ~ NJDIT/C#IS OR
DElE1IDNS It) ~ IIAPS OR RE1'OR1S 1W OTHER THAN THE: CERTIFICATION: t
SIGNING IWfTY OR IWmES IS fI'ROH&1E1) WfTH()(JT tfRITTEN
CONSENT OF THE: _ FWr1Y OR PART1CS. f
2. LANDS SHOWN HEREON IIElI'C NOT ABSTRACTED 1W WNITA/Ni
GROUP. INC. FOR CASEMENTS AND R/GH1S-(}F-WAY OF ~
~ !l4T" SHOWN HEREON IlMS OOMI'UD FROM OTHCR
IN$TRUIIENTS AND DOES NUT CONSTmJTE A FIELD SlJ1MY AS SUCH. a:
... I1ENIINCS BASED ON AN ASSUMED fItARJN(J JtDNC THE: IIf3TER1 Y g
RJGHT-OF-WAY UN€ OF THE SE'AlICWlI1 CQ4ST UNC RAUOlD, SAIO ~
LJNF: BEARS SOUTH 17Jr1'Q" war AND ALL OTHrR BEARINGS
SHOWN HEREDN ARE REU.11VC lHElf[7D. I
DATE: Rf:IAS/ON: BY:
09/04/08 REVISED PER COI/MENTS '-IRG i!;
-, 1108 407667.0' /::
U
, ,CI1EC./flD '; 'l)ltI:; H701_1JE ~-TEMP ~
::-(l"!'~:l!":-:., "i.;
, . " .
IIi Wantman Group, Inc.
Engineering+Plonning+Surveying+Environmentol
2035 \/ISTA PARkWAY, surn:: 100 WEST PALM BEACH, n 33411
(868) gog..2220ae;an. (581) 887-1110 fax
CERT No. 1 - LB No. 70511
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontrnanQraup.com
DESCRIPT10N ~ SKETCH EXHIBIT It B .,
PREPARED FOR:
THe CfTY OF 8O'tNTON BEACH. Fl.0RID4
MATCH SEE SH~ :J
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h ,-,,",.~ / O.R.S. or Offhtkll R..:ont. Book
Li.y~ ~~~,.~ ",B.C.R.- hIm BMch Counfy Im:crd. III
l.f ~~ ~-cYc/'~ ".s. = "'at Book
-- ~~~ ~." 1'Q. = 1'Gp I
-'/ l-...~lcr1!?~~'" R/IV or RIght-of-Way
~1E' - R!VISION: "~ / ~
09/04/08 REVISCD PER COWDfl'S MRG (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) 2
~
OFFICE MRG OATF 03/J1/OB JOB 407667.01 8
CHECKED OOZ SHW20FJ 01M:; 66701 UE: 5-1D1P S;
'. , >,
m Wantman Group, Inc.
Enginflering+Plonning+Survey;ng+Environmfln tal
20M VISTA PAAKWAY. SUITE 100 'l\EST PAUl BEACH, FL >>411
(Mil) 909-2220~on. (5111) 11117-1110 fax
CERT No. 1 - La No. 7050
JACKSON\I1LLE - ORlANDO - PORT ST. LUCIE - TAMPA
www.wantmanllraup.com
DESCRIPTION ,a SKETCH EXHIBIT liB"
PREPARED FOR:
THE CITY OF BOYNTDN BEACH, FlORIDA
I
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LEGEND: /11 I J,
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a.R.B. .. Off/alai Reaord. Book I ~
P.B.C.R.. PtIIm Bnah Caunty Reaard. I J
P.B. - PIG, IJaoIt I
PO. _~ I
R,IW .. RIght-of-Way I t
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DA7F: REVISION: 1m I
09/04/08 REVIseD PER COMMENTS IoIRG (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY)
i!;
OFFICe I.IRG DA7!' 03/.11/08 0108 4<J7687.01 8
CHecKED DCZ SHEFT .J OF .1 .-
DWG 6870LUC lJ-TEJ/P ;c
','
.-
Iii Wantman Group, Inc.
Engineering+Plonning+Surveying+Environmentol
2~ \IISTA P/lRKWAV. SUITE 100 VlEST PAllA BEACH, ft 33411
(85tl) 909-2220 phone (881) 887-1110 fax
CERT No. 60111 - LB No. 7088
JACKSON\o1U.E - ORLANDO - PORT ST. LUOE - TAMPA
www.wantmonllroup.cam
DESCRIPTION ,. SKF1'CH EX,HIBIT IIC II
PREPARED FOR:
THE CITY OF BOYNTON BEACH, FLORIDA
LEGAL DESCRIPTION: Utility Easement
A 12.00 fool wide Illrip of land lyIng In a porilon of Secffon 5, TownshIp 46 Soulh, Range 43
Ealll, Palm Beach County, FlorIda and beIng a portIon of Ihe landll described In OfficIal Records
Book 3209, al Page 260 Ihrough 26' InclusIve, of the Public Records of Polm Beoch County,
Florida, and beIng more porilculariy described as followlI:
BEGINNING al the Soufhfltllll comer of lIald described lands, saId polnlbelng the POINT OF
BEGINNING, said polnl also beIng on Ihe Weslerly rlghl-of-way "ne of Ihe Seoboard Coast Lln.
Ro"rood; Thence Soulh 17"39'52- Wesl along sold Westeriy righl-of-way "ne, for 344.80 feel to
a polnl on the North rlghl-of-way line of Ihe Lake Worih DraInage Olslrlcl Lalerol Canal L-29;
Thence departIng aforesaId Weslerly rlght-of-way "ne Soulh 88'09'30- Wesl along saId Norih
right-of-woy "ne, for 12.73 feel, saId polnl being on a "ne 12.00 feet Weill of and para"el with
Ihe Saulherly exlens/on of the Eosferiy line of aforellald described lands and Wesleriy
righl-of-way "ne of the Seaboard Coasl Une Ra"raad; Thence deparilng aforesaId North
righl-of-way "ne Norih 17"39'52- Easl olong saId paro"el line, for 1,749.92 feel; Thence
departIng saId para"el "ne Soulh 72"20'08- Easl, for 12.00 feel, saId polnl beIng on aforesaId
described lands Easleriy "ne and Wesleriy rlghl-of-way IIn. of Ihe Seoboard Coasl Une Ra1lroad;
Thence Soulh 17"39'52- Wesl along saId Eoslerly and Wesleriy "ne, for 1,400.87 feel to the
POINT OF BEGINNING.
SubJecl to ex/sffng easements, rights-of-way, covenants, reservaffons and relllrlcffons of record, If ~
any. i
SaId lands lyIng and sffuate In Palm Beach County, Florida. &
-
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) 6j
~
...
'<i
~
SURVEYOR'S NOTES J
~
I. lINLESS rr BOIlS THf: SIGNIoTlJRft: AND THE 0IIIGIH4L RNSED 5. MMM:W4N GIIOl.P. INC.. CERTIFICATE OF AI/THfJRIZATION Nfl. !
SCAt. OF A FLMlO4 UCENSED ~ AND J.W'PER DA.lM'D fir 7D/IA IS ISSVCD fir THE FLORIDA DD'ARI'NOIT OF BlJSINESS ~
~
MMM:W4N fJIIOUP. INC.. THIS Dl'MItM SICETCH. I'fAT OR 11M' IS FOR AND PROFr!ISIONAL REGUUlTlON. !
__ P/JRIIOSES llM.Y AND IS NOT Il4UO. ADDfTI()N$ OR
DEl.C1IONS 7D SlIMY MAPS OR RU'OItTS fir OTHER THNI THE CERTIFICATION: t
SIGNING fWl1Y OR PNmES IS I'tlOHIBf1ED WfTHOIIT WRfT7CN
CONSDn OF THE SIGNIN(J fWl1Y OR PARTIES. I
2. WiDS SHOWN HEREON III!l'lE' NOT ABS7l'MCmI fir MMM:W4N I Ht1lO'f CERTIFY IJHJt the /lltoched DNctfpt/f1n _ Sfttch '- /rw
_ c-<< f. tM _ ., lIlY """wIedfe _ b.-r """ IJHJt It ",..
GII!lUP, 1NC. FOR CASEJIENTS AND R!t;HTS-OF-'l/AY OF RR'ORll, tile __ r..""",. SttHItItir* eel _ by 1M _ IkHNrJ .f
J. /;M7J4 SHOWN HEREON *5 COMI'II.ED FROM OTHER Prrhak1noI ~ Md I/opfw8 In ~tr ""7-1, _
INSTfWI/EN7S AND DOES NOT CONSTmJTE A FIElD SUR\IEY AS SUCH. ~ _t III CIrt1ptw 72.027 _ Sllltutd. &l
4.. BCNfJNGS 84SEJ) ON AN ASSIJIIED IIDRINt1 JUJNQ THE IIE57!lI'tY FOI' 71te FIrm; ~
RII1HT-OF-'l/AY LINE OF THE 5I'AfllMRI)CQ4ST UNC RAIMMD, S4IO """"""'" ~ Inc. ~
/ME BEARS 5OII7H 17""-'2. II!ST AND ALL UTHER BEARINGS
SHOWN HEREDN ARC RElATTVE: 7HERCTD. ot/ct/oa I
DATE:: REVISION: BY: BY: DATE::
09/04/08 REVISED PeR COMMENTS MRG ~
JOB 407667.0t 8
DWl; 6tJ70t_UC 5 ~
~.
,,' .
:
m Wantman Group, Inc.
Engineerlng+Plonning+StJrvey;ng+Environmentol
2035 VISTA PARkWAY, SUITE 100 WEST PALM BEACH. Fl 33411
(ll8lI) 909-2220 phone (llBl) 687-1110 ,....
<:ERT No. 8091 - LB No. 70M
JACKSONVILLE - ORLANOO - PORT ST. LUCIE - TAMPA
www.wantmangroup.com Et)(I., ~, .,.
." '",. .~,l;,,?, II
DESCRIPT10N . SKETCH . P"..t~l'r II "
PREPARED FOR: ,
THE CITY OF' BOYNTrJN BEACH, FLORIDA
MATCH SEE SHEET J
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~'~_ I / O.R.B. .. Offlc/cl Reo",. Scok ~
l..rke ~~~ -"-. 1'.S.C.R.. 1'o1m s.tlch County Reocrrb al
~~l1{ ~~.J-~ 1'.S. .. 1'101 Book a
- ~~~O{ ,.~'::-;. fIfJ. ..~
R/W = Rlght-of-Woy
-/ i,<'9 ~/c:'r 1~;?.s~'" '~ i
~TE:: - REVISION: /
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) lil
l's
OFFICE MRG DATE 03/:J1/08 JOB 407667.01 ~
CHE:CKED DGZ SHEET 2 OF :J DWG BB7rJl_1JF 5 "
.. , .. ,
m WantmanGroup,Inc.
Engineering+Planning+SurV'tJy;ng+Environmen fal
2~ ~A PARKWAY, SUITE 100 WEST PALM BEACH. FL 33411
(866) 909-2220 phon. (5S1) &67-'110 fox
COO No. 6091 - LB No. 70M
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
www.WClI'\tmanllroup.com
DESCRIPTION . SKETCH EXHIBIT IIC'"
PREPARED FOR:
THE CITY OF BOYNTON BEACH. R..ORIDA
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P.S.C.R." PrIIm BNoIr County Records / / "i
P.I, '" PIa, Book / S
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R/W - R1f}h#-of-Way /
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MATCH SEe SHECT 2 ill
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DATE:: REVISION: BY: ~
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) 2
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OFFICE: AlRa DATE: OJ/~I/OB 407667.0' ~
CHECKeD DGZ SHEET ~ OF ~ DWG 6670t_1K $ '"
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TASK: CALOOSA PARK
ACCESS PREMISES EXHIBIT
CAD PSC Patti QcftM.d"9
J08NO,401667.01 .
__ TOTALSHfm ,
_ DATE 8 0/2008
_ $CALf ,. _ 200'
LEGEND:
_ Access Premises
. .. .
, .
. ' , 1.8UIIIIIIIIIIIIIIIIIIII
P~pored by &. Relurn to: loJ/I?; / en"
:r-
Klmnl L. Gilbon N r-
Palm Beoeh County .., m
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Pillperi}' " Real Ellale Monagcment Divi.sion ::J C
2633 Vista rlrkway ::OS:
Wesl Pllm Belch, FL 33411-5605 to r..;,
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PCN: 0843-46.{)5-O0-000-3010 R2009i 0098 n a
08-4346-05-00-000-3040 -,,::' ~ I
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UTILITY EASEMENT ;;S::"-J
{IoO :
JAN 1 3 2009 (')::0 !
THIS UTILITY EASEMENT ("Easement"), made by oeo
. s:o I
PALM BEACH COUNTY, a political subdivision of the State of Florida, whose mailing 'Uo ,
-I;A; ,
address is 30 I North Olive A venue, West Palm Beach, Florida 33401- 4705, ("COUNTY"), ::O:>tl
0):>
in favor of the CITY OF BOYNTON BEACH, a municipal corporation of the State of FQ
Florida, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida mm
;:0 1\;.
33435-7934, ("CITY"). (,}
a
~
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WITNESSETH: <0
ffi
0
That COUNTY for and in consideration of the sum ofTen Dollars ($] 0.00) arid other ):>
-I
good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, has m
0
granted, bargained, sold and conveyed, and does hereby grant, bargain, sell and convey unto -,
i\)
CITY, its successors and assigns, upon the conditions hereinafter set forth, a perpetual non- 0
j:;)
exclusive easement for the construction, operation and maintenance of underground regional g
force main and appurtenances thereto, to be installed from time to time, or to be altered, <:.0
-4
improved, or removed therefrom and for the right to cut and keep clear trees, brush or !'~
.p,o
undergrowth therefrom and all other obstructions that might endanger or interfere therewith, :---:1
.p".
over, across, through and upon, under or within that parcel of land located in Palm Beach -4
'U
County, Florida, described on Exhibit "A" attached hereto and made a part hereof as if (Q
CIl
recited at length (the "Easement Premises") .....
0
OJ
<:.0
,
See legal description marked Exhibit" A" .'"
0
attached here.to and made a part hereof {O
.Cf.l
,.-.
00
-u
together with the right of ingress and egress thereto, over, across, through and upon, under or 1.0
CIl
within that parcel of land located in Palm Beach County, Florida, depicted on Exhibit "B" "-'
attached hereto and made a part hereof as if recited at length (the "Access Premises").
Page 1 of2
. .
.
THE CONDITIONS OF THIS RIGHT OF USAGE ARE SUCH THAT:
1. CITY shall cause the regional force main a:nd its appurtenances to be
constructed within the confines of the Easement Premises.
2. CIty hereby expressly agrees that in the event that CITY, its successors
and assigns, shall ever abandon use of the of the Easement Premises or cease to use the
Easement Premises for the purposes herein expressed, the easements granted herein shall
become null and void, and all the right, title. and interest in and to the Easement Premises and
Access Premises shall revert to COUNTY.
3. CITY further expressly agrees to maintain in good condition and repair,
at its sole cost and expense, its Underground regional force main and appurtenances within
the Easement Premises at all times during the term hereof.
4. CITY shall be liable for its own actions and negligence and, to the
extent permitted by law, shall indemnify, defend and hold harmless COUNTY against any
actions, claims, or damages arising out of CITY's negligence in connection with this
Easement. The foregoing indemnification shall not 'constitute a waiver of sovereign
immunity beYOlld the limits set forth in Florida Statutes, Section 768.28, nor shall the same
be construed to constitute agreement by CITY,to indemnify COUNTY for COUNTY's
negligent, willful or intentional acts or omissions.
5. The grant of Easement contained herein is solely for the use and benefit
of CITY, and CITY's authorized agents and employees, and is not intended, and s~all not be
construed as a dedication to the public of any portion of the Easement Premises or the Access
Premises for public use.
6. CITY acknowledges that certain above ground and underground
improvements have been constructed by COUNTY andlor FPL within the Easement Premises
and Access Premises. Accordingly, CITY covenants that it will protect all such
improvements and any improvements made by COUNTY in the future, including, but not
limited to, water mains, irrigation pipes, storm water pipes, sanitary sewer pipes, electric
service lines, telephone lines, park lighting;, existing fencing and existing trees and
landscaping.
7: CITY heteby accepts the Easement Premises "As-Is", without warranty
or representation and subject to zoning ~d other governmental restrictions, matters reflected
on any plat relating to the Easement Premises, and all other easements, restrictions,
conditions, encumbrances and other matters of record.
Page 2 'of 4
..."..._-...-.........-_..~'..-.._.......,...,-......-.O::...-...:'....-....,.,....1"~.~~"!"""""'l""__-.--....~-_......,..~._~.~~~___........~.,.".....',..........-.---,'.,_~_..__,._.--,-,._-........,....--.,.-...--.
. .
,
8. COUNTY reserves the right to terminate CITY's use of the Access
Premi,ses upon nin.ety (90) days written notice to CITY.
9. The terms of this Easement shalI not be strictly construed against one
party as opposed to the other party baseti ~pon who drafted it. In the event that any section,
paragraph, sentence, clause, or provision hereofbe held by a court of competent jurisdiction
to be invalid, such shall not affect the remaining portions of this Easement and the same shall
remain in fulI force and effect.
10. This Easement represents the entire understanding b,etween the parties
and supersedes all other negotiations, representations, or,agreements, either written or oral,
relating to this Easement. No amendment shall be effective unless the'same is in writing and
signed by an parties.
11. By exercise of the rights granted t6 CITY by this instrument, CITY
acknowledges and agrees that the conditions and restrictions imposed herein shall bind and
be enforceable against CITY, its successors and assigns to the same extent as ifsllch party
had physicalIy executed this' instrument.
12. County hereby retains alI rights relating to the Easement Premises and
Access Premises not specifically conveyed by this Easement including the right to use the
Easement Premises and Access Premises and any improvements now existing or constructed
hereinafter therein, and the right to grant to third parties additional easements in the
Easement Premises and A~c,ess Premises or the right to use, the improvements therein.
13. This Easement shalI be governed by, cqnstrued and enforced in
accordance with, the laws of the State of Florida. Venue in any aCtion, suit or 'proceeding in
connection with this Easement shall be in a stilte court of competent jurisdiction in Palm
Beach County, Florida.
14. This Easement is expressly contingent upon the approval of the Palm
Beach County Board of County Commissioners, and shall become effective only when
signed by alI parties, and approved by the Palm Beach County 'Board of County
Commissioners.
(REMAINDER OF }>AGE INTENTIONALLY LEFT BLANK)
Page 3 of 4
.~.,_.........~. .._.,._-,..,."...........--,.,.....~.--....._,......,....,.......,.-~..-.,.-.....o-.......--'_...,.,.....---'-.---r"'T,"~l~~",....,..-':~......,~~..,.....,--.,,-.~.......,.,.~-r~.,..~~-"'~-._..-.......,.-_....-,..._._.......,_.__...',_...,.."'.....,-..._.-._,~".__...
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IN WITNESS WHEREOF, COUNTY has caused these presents to be executed in its
name, by its proper officers thereunto duly authorized, the day and year first above written.
ATTl!::ST:
SHARON R. BOCK PALM BEACH COUNTY, a political
CLERK & COMPTROLLER subdivision of the State of Florida
By: By:
Deputy Clerk John F. Koons, Chairman
APPROVED AS TO FORM APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS'
By: By~ ~~~W~
Assistant County Attorney Departm~t Diredor
G:\DevelopmentlOpen Projects\PR-Caloosl Park(BoyntDn Easement)\Easement utilityJB app,\ 00208.fnal,doo
Page 4 of 4
. '. .
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. .
IN Wantman Group, Inc.,
Engineer/ng +Planning +Survey"ng+En vlronmenta/ .EXHI,BIT UAII
2035 VISTA PARKWAY, sum: 100 I'tt:ST PALM BEACH; FL 33411
(866) 909-2220 phone (561) 687-1110 fax
CERT No, 6091 ,- LB Na. 7055
JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA
'Nww. won trnangroup.c:om
DESCRIPTION It SKE:TCH
PREPARED FOR:
THe CITY OF BOYNTON BEACH, FLORIDA
LEGAL DESCRIPTION: utility Easement
A 12.00 foot wide ;strip of land lyIng In a porllon of Section 5, TownshIp 46 South, Range 43
East, Palm' Beach County, FlorIda and beIng a porllon of the lands described In OfficIal Records
'Book 3209, at Page 260 through 261 Inaluslve, of .the Public Records of Palm B"ach County,
Florida, and beIng more parllcularly descrIbed as follows:
BEGINNING at the Southeast corner of sold described lands. sold point being the POINT or
BEGINNING, saId poInt also being on the Westerly rlghl-of-way Ifne of the Seaboard Coast Une
Railroad: Thence South 17"39'52" West along sold Westerly rIght-of-way Ifne, for 344:80 feet to
a point on the Norlh right-of-way line of the Lake Worlh Drainage DistrIct Lateral Canal L-29;
Thence deparling aforesaId Westerly right-of-way Ilne South 88"09'30" West along sold North
right-of-way jlne, for 12.73 feet, ,sold poInt beIng ,on a !lne '2.00 feet West of and parallel wlih
the Southerly extension of the Easterly line of aforesaid described lands and Wllstllrly
right-of-way ffne of the Seaboard Coasf Une Railroad; Thence deparling afortlsald Norlh
rIght-aI-way !lne Norlh 17"39'52" (ast along saId para"'" line, for 1,749.92 feet; Thence
deparllng saId parallel line South 72"20'08" East, for 12.00 feet, sold poInt beIng on aforesaId
described londs Easterly !In. and WlIsterly rIght-of-way /Ins of the Silaboard Coast Llns Railroad;
Thence South 17"39'52" West along "Sold Easleily and Westerly line, for 1,400:87 feet to the
POINT OF BEGINNING.
SubJecf fo exlslfng ,easements, rlghls-of-way, covenants, reservallons and resfrfclfons of record, If ~
any. ~
Sold lands lyIng and sffuate In Palm Beach Counly, Florida. l
"
.
,
(NOT A SURVEY-DESCRIPTION AND SKETCH. ONLY) ,
,
;
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\
SURVEYOR'S NOTES . I
I. lJNI.(SS IT BEARS TH~ SIGMTlIR~ AND TH~ ORIGINAL RAISED $. WAN7I64N GROUP. INC., ct:/mFICATE Of' AUTHORIZATION Ng. ,
SEAl. OF A FLOR/OIl UCDlS~O SUNVE:YOR AND IMPP!R EMPLOYED B'f ~.' IS ISSUED /1'( THe FLORIDA OEPAFmIE:NT Of' BUSINESs
trANTIIAN GROUP, INC.. T1fIS O~fI7NG, SKETCH, PLAT OR IMP IS !'OR AND pROFESS/ON.IJ. RErJ/JU.TTON.
INFORMATIONAl. PURPOSCS ONLY AND IS NOT vwo. ADOITIONS' OR
0!LETl0NS TO SUR\'fYIMPS OR REPOIfTS /1'( OTHER TIWI THE: CERTIFICATION:
SIGNING PNfIY OR Pili/TIES IS PRO/f/8lTf:() wrTHOl/T WRfTTFN
CONSfj{( OF THe: SIr;NING PIlRTf OR Pili/TIcs.
2, LANDS SHOwN HfR~ON WE'RE' NOT NlSTFW::TEO /1'( WANnJAN I HERfBY C€RT/FY tIIat the attach'" O_riptloll and ~Iclr la ,_
and """",c/ fa 1"- bnl af my maw/edge and belief t1lld /hat 1/ m..e:.
GROUP. INC. FOR WEM~N1S AND RIGHTS-OF-WAY OF RECORD, /he Minimum re_ Sfandorrb nt forlh by ,"- Florida Board of
, J. lloIrA SHOWN, HERroN WAS COMPlLEO F1fOM OTHER ProfnalaMl SuIW)'ln And Atop".,. In Clr"/;'OI' SIGI7-S, Florida '
INSTRUlICNTS AND DOCS' NOr CONSTlTllT! A FI~LJ) SlJRVC'f AS SUCH. Admtnlfttoftv. Code, plIrfUOIIt to CIIapter 72.027 florida Stalu'e..
~. 8t:ARfNGS BASED ON AN ASSUMED BEARING ALONG THE IlESIlRLY For 111. FIrm:
RIGHT-OF-WAY LJN~ OF 71ft: S!ABOlll/O CQ4ST UN~ fWtROAD, SAIO Wan/man' Gnwp" /ne.
LINE BEARS SOVTH I T:J9~2" WCST AND ALL OTHER BEARINGS ' JJw"
SHOWN HEREON III/~ REL>.TM: THOIF:rO.
OAT<: REVISION: 8Y: 8Y.' ,. ,', ~;~ DATE:: ot!I{!06
, 09/04/08 REYISED PER COMMENTS MRG ~;/i,e:!t:s~iof$~UI/JyQ,'}1iv ~PPE:R FtORIDA LICENSE NO. 56.55
OroCE "l .\IRe' ,,;,I.DATE: '."':'~OJ/JI/08 I JOG 407667,01
..'. "".--..'u__._ T----.~'._~--_.~"~.,_..~--.,-."-~~~ ~~___9.ligQ@.l oGLi:;.;:,~Il'!i~?~__:..___l.p~__~~:,~~::~~_~..__
" . .. '
IIi Wantman Group, Inc;,
Engineering+Planning +S/Jrve ying +En vironmen tal EXH,IBIT nAil
203:l VISTA PARKWAY, sum: 100 WEST PALM BEACH, n :5:5411
(866) 90l!-2220 phone (561) 687-1110 fax
CERT No. 6091 - La No. 70:l5
JACKSONVlLLi: - ORLANDO - PORT ST. LUCIE - TAMPA
www.wontmangroup,com
DESCRfPTlON a SKF:rCH
PREPARED FOR:
THE CITY OF BOYNTON BEACH, FLORIDA
MATCH SEE SHEET J
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--::-- '..."~ / / LEGEND:
~:::--. / I
'~. J I a.R.B. .. Official Record. Book
l.4~e ~LIY.!- ~ .~ P,B.C.R... Palm Boach County Rocor!i"
H'OR~ $'~::!,..yC/- .:--.:-- P.B. .. Plat Book
l,q~~l. O'%-tl{.j , ~.:.~ PO. = Pag.
_. ~ G'e OIS ~O.9:.r. - R/W .. RIght-of-Way
"/ l.-<'9 l'R1cr '<.>~P'" --~
6ATE: - 1
RNlSION:
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY)
OFFICE DATE 03/31/08 JOB 407667.01
CHECKED SHEET 2 OF J DWG 66701_UO 5
.~ .....-..--..---,.."......-;..t-.--..."...",...,.:.-...... -.,..-.__.".--........."t"'..~,......,.......,..... Jf " . ' -
'. " .
m Wantrnan Group, Inc.
Engineering+Planning+Surveying+En vironm en tal EXHIBI'T IIAU
2035 VISTA PARKWAY, SUITE 100 WEST PAUl BEACH. FL 33411
(866) '909-2220 phone (561)' 687-1110 fax
CERT No. 6091 - LB Na. 7055
JACKSONVILLE - ORLANDO - PORT ST, LUCIE - TAMPA
www.wcmtman-group.com
DESCRIPTION 4r SKETCH
PREPARED rOR:
THE CITY OF BOYNTON BEACH, FLORIDA
/
/
/ /
/
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/
/ I
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~
O.R.~. = OfficIal Record$ Book / .
.
P.B.C.R.:::; Palm Beach County Record$ / 1
P.B. = Plat Book / /
PC. :::; Page
R/W = Rlght-af-Way / ;
,/
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- - --1-
MATCH See SHErr 2 I
DATE:: REVISION: BY:
(NOT A SURVEY-DESCRIPTION AND SKETCH ONLY)
OF'F1CE DATE: ' OJ/;} 7/08 JOB 407667.01
CHECKFf) SHEG J OF J owe 6670LUE 5
---
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, ,
", EXHIBIT "B"
,
PROJeCT: CITY OF BOYNTON BEACH' 'TASK: CALOOSAPARK
REGIONAL FORCE MAIN ACCESS PREMISES EXHIBIT
Wantman Group, Inc. Co\[) pec PaM E~hlblt..dw9
~ DRAWN JWR ' J08Na. 401667.01
..
.- Engineering + Surveying + Mapping SHEET:
i! OeSlGNeD JWR rOTAL !I-IStrrS 1
j Z03!S VISTA PAA!<WA'f SUitt 100 DATE' 8/20/2008 '1,
VlfST PAlM BEActl. Fl 33411 ~OKG
f (56') 687-2220 phone {.581' 887-1110 fax QC OKB Not to Scale
CERf ND. 6091 - Le No. '7055
LEGEND:
~ Access Premises
~..,...... ..,.............-..........r-~.-"TI-..-.....-...-.__..~_..~.--........-....~~:J.--..,..,-,...,..,-,..........__""'!"..~~..........._...,.....I,.h....,....~......,,............,...........,.....,........,.,.'~.r,,...'.,..,..,....'.,..-~-.,..-.....--__. --...-.---,?. .---- ...-. _._.~_......~--,.__.
, fl .
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1 RESOLUTION NO. R08- 1..5/
2
3 I A RESOLUTION OF THE CITY OF BOYNTON BEACH,
I
4 I FLORIDA, APPROVING AND AUTHORIZING
S EXECUTION OF AN INTERLOCAL AGREEMENT AND
6 I A TEMPORARY CONSTRUCTION EASEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH AND
8 PALM BEACH COUNTY, IN SUPPORT OF THE CITY'S
9 I CONSTRUCTION OF THE NEW REGIONAL FORCE
10 ! MAIN, AND PROVIDING FOR AN EFFECTIVE DATE.
11 \
12
13 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new
14 regional force main route selection, detail design, pennitting and bidding phases of the
15 project; and
16 WHEREAS, the attached agreement with Palm Beach County, allows the City to
17 access the pipeline corridor for the construction of the force main and it's components and
18 commits the City to restore the property of Palm Beach County, to it's pre-existing conditions
19 and to maintain the force main and it's components; and
20 WHEREAS, the City Commission upon recommendation of staff, deems it
21 ppropriate to approve and authorize execution by the Mayor and City Clerk of the Interlocal
22 greement and Temporary Construction Easement between the City of Boynton Beach and
23 alm Beach County.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2S HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 SectiQn 1. The foregoing "Whereas" clauses are hereby ratified and confinned as
27 eing true and correct and are hereby made a specific part of this Resolution upon adoption
28 ereof
29 Section 2. The City Commission of the City of Boynton Beach, Florida does
:ICA\RESO\Agreeme~c.... ElScment.PoIm Beach County-RFM,doc
, .A ^'
f
1 I I hereby approves and authorizes the Mayor and City Clerk to execute an Interlocal Agreement
2 ' and Temporary Construction Easement between the City of Boynton Beach and Palm Beach
3 County, in support of the City's construction of the new regional force main, a copy of which
4 is attached hereto as Exhibit "A".
5 Section 3. This Resolution shall become effective immediately upon passage.
6 PASSED AND ADOPTED this /14- day of November, 2008.
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 -
'" '
29 . :'
3 :r/;
31
32
33
34 Corporate Seal)
'\CA\RESO\AgJeemcnlMccas Eosemcnl.Palm Beach County-RFM,doc
, ,. "
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-
CERTIFICATE OF COVERAGE ISSUED ON: 11/512008
COVEAAOl!PROVIDIlDBY: PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGEAGREKMENT NUMBER:PX lILl 050200.11J1.05 COVBRAGB PBRIOD: 1VlIZOO8 TO 10111Z009\2:O\ AM
COVl!RAGU:T1lI8Io 10 co~1Iy thlt the _nt __ been __tothe .....g....'" -. for the ......-.ge p_ 1n<I_, _t_nglll\'
Nqulromonl, term or condition dill\' _ or _ dllClllMnt WIth IMf*lIo _ thI. CIItIII_ .....,. b.l....s or may por\IIln. lIlo .....11I!I.lIIIord'" by th.
~ dNoIIbed _.ubject to 11111. t....... _uII_ end oonCltl_ d"""" OV"'.....nt.
MaH 1\1: CritlcalO Holder De8!gn8t8d Member
P..... U..h CO....ty BOCC CIfy of Bo)lllflln BUCh
Rkk M....-...t Depl_t P. O. Box,31(J
Rldlard CObea
lIiOA_lJIIJJA"eaae Boynton Such, FL 334260310
Wat PlllJIlllMda, J1L >>CO.
LIABILlTY COVERAGE WORKERS' COMPENSATION COVERAGE
co..pnh-we Gen....1 LilbDlty, Bodl)' InJ..I')', Property Dallllle we AGREEMENT NUMBER:
lad Penolllll""'l')'
Limit Sel1......red Worke,.- CompeMalloa
Puhllc Ollldllls UablUty
Limit SIlItltlol')' W.rfI..... CompeJLtltloa
Emplo)'llleat Pnldi... UlhWty
Limit Emp\e11lra UabiUt)'
Emplo)'ee BeIl./Ilo LillJiUl)' !!Ioh Accident
By Diseuc
Limit Autepte Disees.
La" EaCorcellleat LilbDlty
Limit
PROPERTY COVERAGE AUTOMOBILE COVERAGE
Bulldlnp .II: P_IIII Property A_oblle UabWty
Limit Limit $2,000.000 $\ 00.000 Sill
N.,., S., curemp ........fOr _ u. wltw/, flood. <It>d ow. X All 0wnecI
dtdtf</lbl... SpecllleaIly Deacribed Auto.
Rented, Borrowed ud Leaed EqaiplllOllt X Hired Autos
Limit X Non-Owned Aulo.
AU other IlIiInd Marine AalomohUe Ph)'sIcal Da......
Limit X Compre/len&ive See Schedule for Dedw:liblo
X Colli,ion See Schedule for Deductible
X Hired Auto with limit of$35.000
NOTE:The IImIl rI loblllty 10 8100.000 BocIIy Injvry _ Pnlporty Domogo per __ or 8200.000 IlodIIy Injury -.. Properly Oomogo per OCCU.......... TheH
epooIftc Rmb 01 RIblIly ... In..- to Umb "'-' _ por'....._. ....Iy lor IIf'/ IlobRIty IMulUng from enlry 01& dolmo biI purousnt to SodIon 755,28 (5)
Aolld& 51-. or IIbiIly fmpooecl pumIInllo F"'orol ..... or oell.... outolcfolho StoIo rI florid..
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.l.i~ory. PL 3m",,"-. .' , ~ Bt1fPAILUU TOMAn. IUCftNDTD IHAU.INI'OIBJk)OBUOATJON OIlLlAlllUTY 01' ANY lDC) UPON
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POJHERT (0lI05) PRINT FORM lJ/5l2ool
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.
, ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATI (llllllDDI'tYVY)
12/D4/D8
PRODI/Cetl 1-561-t95-6706 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthllr J. Gallagher ai.k llaDaq.....t ..n10.., ll1c. ONLY AND CONFERS NO RIGHT8 UPON THE CERTIFICATE
HOLDER. THI8 CERTIFICATE DOE8 NOT AMEND, EXTEND OR
2255 Glad.. Road ALTER THE COVERAGE AFFORDED BY THE POUCIElJ BELOW.
lul.l:. 4DDB
Boca KatoD, .L 33431. INSURER8 AFFORDING COVERAGE NAICII
IItIU....D INSUReRkStar %a. !:o 18023
C1ty of Boynton haClh
INSURER I:
10DI BoyntOll Beach Bl\'4 INSURER C:
Boynton B.ach , PL 33425 INSURER D:
INSURER E:
COVERAGES
THE POlICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABf:NE F,OR THE POUCY PERIOD IND1CAnoD, NOtwITHSTANDING
ANY REQUIREMENT, noRM OR CONDITION OF NolY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFlCATE MAY IlE IIlSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE noRMS, EXCLUSIONS NolD CONDITIONS OF SUCH
POliCIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEDIlY PAID CLAIMS.
I~ ~~ ~NUIIBEIt PO Y P T UIIIIT1I
A J!!Ne_ LIAILITY CP025?12J lD/Ol/01 04/Dl/D9 EACH OCCURRENCE $ SIIDBLOIf
~pERCIAL GEHERAlUA8IL1TY P WI Ea ' $
_ CLAlIoI8 MADE 0 OCCUR WED EXP IMY__' $
- PI!RllONA~&NNINJURY $
GENERAL_TIE $
~'I.AOO~n~~"'ITAPPnPER: PRODUCTS. COMPIOP AGG .
POLICY \':,g: ~OC
~OIlOBLe LIAaIIJTY COMBINED SINGlE LNT $
- folly AUTO (Ea~
- ALl. O_ED AUTOS IOOlL Y INJURY
(....-1 $
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
<--II $
- _-OWNED AUTOS
- PRoPERlY DAMAGE .
(P<<-Q
=roeUABILlTY AUTO ONLY. EAACCIDEHT $
>>IV AUTO OTHER THAN EAACC .
AUTOOHLY: AGG $
A EIlCEHlUMBItELLA LIAIIIUTY C~02"'29 10/01/01 Ot/Ol/D9 EACH OCCURRENCE $ 5.0DO.DOO
:!j'OCCUR DCLAlMSMADE AGOR!GATE $10,000,000
.
~ DEDUCTiBlE .
X R!TEHTlOH $ ZOO,DDO t
WOIllCl!R8COIIHNIATIOlIIAND STA 10~'
IlMPLO'fERI'UABlLITY &.L. EACH ACCIDENT ,
ANt PROPRlETORIPoIR1NERiEXECUTlVE
D"IC~HR EXCLUDeD? E,L,DlHA8E.EAeMPLOYEE .
!~~~und" E,L, DISEASE. POLICV LIMIT .
OTHU
Dl!SCltlPT1ON Of' OPERATlONIILOCATIONIIVlHICLD I EXCW&ION8ADDaD BY ENOOIl8t!IWn' ISNClAL 1'lt/M1I0N8
All operatioAI u.ual to . ~o~l -City Qoveraaeat
Polioy Subj.ot to SIll. .. per <leD.ral ...dor......t allta GIIJfOl.
AU other t.nuo and OOl1cUtl.OlI. of polley r_in IIJ1changed.
a.. I .tLA Utility .._-.-at and. 2'eapoZ"a,ry C0D.8t:zuatiOD ....eaant.
CERTIFICATE HOLDER CANCELLATION OlO-cIa ~.Dc.l1.tiOD DOtlc. for uoa-pa t
'HOULD ANY OP TIleAIIOVl OUC_ED POLlCt"BI CAHc:e1UD IEPaRI TllelXPlllAtION
Pa~ B.ach County DATI. THERIiOP, lNI ..UlNG INIUItU wtU. EHOEAVOA TO MAIL ~ DAn WRIl'nH
property and lI..a1 I. tat. lI&Dag.....t Dl.vl.aion NOTlCII TO THI CIRTlPICATll HOLOD NAMED TO TIll LIFT, IUT FAILURE TO DO $0 IItALL
2633 Vi.ta Pkwy IIlPOSI NO ()It,IGATION 011 UA8ILITY DF ANt IllHD UPOHTHIIHIURIII, ITa AGENTS OR
RIl'IlE8ElfTA_
W..t Pal. Beach , WL 33411 AUTHOIUZED RI_IINTATIYII
USA
ACORD 25 (2001/06) ~~~; D9
" ',.;1;' C
I~' . f ,
IMPORTANT
If the certIflcate holder 18 an ADDITIONAL INSURED. the pollcy(les) must be endorsed. A statamenl
on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the polley, certaln policies may
require an endonsement. A stetement on this certificate does not confer rights to the certificate
holder In lieu of such endorsemenl(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not consOlute a contract between
the 'Issuing lnsurer(s), authorized representellve or producer, and the certificate holder, nor does it
affirmatively ,or negaUvely amend, extend or alter the coverage afforded by the pollcles listed thereon.
ACORD 2' (2001108)
Utilities Department
City Of Boynton Beach
Project Management Team
Letter of Transmittal
DATE: February 20,2009
TO: Janet Prainito,
City Clerk
FROM: Paul Fleming, PMP
Sr. Project Manager
PROJECT: Regional Force Main
SUBJECT: Easement with Palm Beach County
cc: File: 1.1.c
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
Item Qty. Description
No.
1 1 Recorded original Utilitv Easement
2 1 Re-printed (from pdt) entire PBC BOCC Agenda Item package including the fully
executed Interlocal Agreement.
flW0 <-
Paul Fleming, PMP
Senior Project Manager
and Owner's Representative
City Of Boynton Beach - Utilities Department - Project Management Team
124 East Woolbright Road, Boynton Beach, FL 33425
Tel: (561) 742.6400 Fax: (561) 742-6298