R09-028
II I
1 RESOLUTION NO. R09- c:b2...S'
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING
5 EXECUTION OF AN INTERLOCAL AGREEMENT
6 AND A TEMPORARY CONSTRUCTION EASEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH AND THE
8 SOUTH CENTRAL REGIONAL WASTEWATER
9 TREATMENT AND DISPOSAL BOARD IN SUPPORT
10 OF THE CITY'S CONSTRUCTION OF THE NEW
11 REGIONAL FORCE MAIN, AND PROVIDING FOR AN
12 EFFECTIVE DATE.
13
14
15 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new
16 regional force main route selection, detail design, permitting and bidding phases of the
17 project; and
18 WHEREAS, the attached Interlocal Agreement and Temporary Construction
19 Easement allows the City to construct portions of the new regional force main; and
20 WHEREAS, the City Commission upon recommendation of staff, deems it
21 appropriate to approve and authorize the Mayor and City Clerk to execute the Interlocal
22 Agreement and Temporary Construction Easement between the City of Boynton Beach and
23 the South Central Regional Wastewater Treatment and Disposal Board.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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25 ITHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 I
Ibeing true and correct and are hereby made a specific part of this Resolution upon adoption
28 ihereof.
29 Section 2. The City Commission of the City of Boynton Beach, Florida hereby
30 approves and authorizes the Mayor and City Clerk to execute the Interlocal Agreement and
s :\CA \RESO\Agreements-ILA SCR WWTDB -RFM. doc
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1 Temporary Construction Easement between the City of Boynton Beach and the South Central
2 Regional Wastewater Treatment and Disposal Board, in support of the City's construction of
3 the new regional force main, a copy of which is attached hereto as Exhibit "A".
4 Section 3. That this Temporary Construction Easement will be recorded in the
5 Public Records of Palm Beach County, Florida and the Interlocal Agreement will be filed with
6 the Clerk of the Circuit Court, Palm Beach County, Florida.
7 Section 4. This Resolution shall become effective immediately upon passage.
8 JJD-
9 PASSED AND ADOPTED this ~ day of February, 2009.
10
11 CITY OF BOYl'iTON BEACH, FLORIDA
12 ' ~
13 .V 6-,
14 erry~ylor
15 V'
16
17
18
19
20 Commiss~oner - Ronald Weilanct--- ;
21 J' ." y~
22 /C~~~~",-L /~J
23 Commissioner 1" W oodrow.L;: ay"
24 l~/c:{~
25
26 Commissioner - Marlene Ross
27
28 ATTEST:
29 p~
30 .
31 M. Prainito, CMC
32 Clerk
33
34
35
36 (Corporate Seal)
S:\CA \RESO\Agreements-ILA SCRWWTDB -RFM.doc
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INTERLOCAL AGREEMENT
-
This Interlocal Agreement (the "Agreement") is made this ~D'''' &"t.... at; '-(l.. \:)
,
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 County,
Florida (hereinafter "City") and the SOUTH CENTRAL REGIONAL
W ASTEW A TER TREATMENT DISPOSAL BOARD, a political subdivision of the
State of Florida, (hereinafter "Board"), 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 Interlocal
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
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, the Board owns and operates the wastewater treatment facility
(hereinafter referred to as the "Facility"); and
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WHEREAS, City is in the process of constructing 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 Facility property in order to connect the City's regional force main to the
Board's facilities; and
WHEREAS, City has requested that Board grant to City a temporary construction
easement to allow installation of the Force Main; and
WHEREAS, in exchange for the Board granting City an easement over Facility
property for the installation of the Force Main, City is willing to, convey the portion of
the Force Main constructed within the easement to the Board.
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 the Board's Facility for the
installation of a regional force main needed to improve sanitary sewer utility services
within the City, in exchange for which City will convey that portion of the Force Main
constructed within the easement to the Board.
Section 2. Definitions
The following definitions shall apply to this Agreement:
"Act" means Part I of Chapter 163, Florida Statutes.
"Agreement" means this Interlocal Agreement, including any amendments or
supplements hereto, executed and delivered in accordance with the terms hereof.
2
"Facility" means the Board's Facility located at 1801 N. Congress Avenue in the
City of Delray Beach.
Section 3. RepresentativelMonitorine: Position
The Board's representative/contract monitor during the term of this Agreement
shall be Dennis Coates, Executive Director, 1801 N. Congress A venue, Delray Beach,
Florida 33445, whose telephone number is (561) 272-7061.
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) 742-
6487.
Section 4. Effective DatelTerm
This Agreement shall take effect upon execution by City. 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 as provided for in this Agreement, and the date that
Board has granted the Force Main Easement (hereinafter defined) to City allowing City
to install and maintain the Force Main on the Facility as provided for in this Agreement.
Unless the one (1) year warranty (hereinafter set forth) has already expired when this
Agreement terminates, the warranty shall survive termination.
Section 5. Services Rendered
The Board will grant the Force Main Easement to the City allowing City to
construct the Force Main needed by City in order to improve sanitary sewer utility
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services in the City, and in exchange, City shall provide Board with ownership of the
portions of the Force Main installed within the Easement Area (hereinafter defined).
Notwithstanding any provision of this Agreement, the Board shall have no obligation
under this Agreement or under the Force Main Easement until the City of Delray Beach
executes the Force Main Easement.
Section 6. Responsibilities and Duties
A. Board agrees to provide City with a 40-foot temporary construction
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 Facility as depicted on Exhibit "B" attached hereto (the
"Easement Area"). The City acknowledges that the Easement Area is within the Board's
property, and any City improvements within the Easement Area must be coordinated with
the Board's representative. The Force Main Easement may be amended upon mutual
consent by the City and the Board. The Board shall not be required to expend any funds
in connection with the approval, installation, or maintenance of the Force Main.
However, after the expiration of the one (1) year warranty period hereinafter set forth and
successful correction of any defects by the City, the Board shall thereafter, at its expense,
maintain the Force Main.
The Force Main Easement shall include the City's right of access over a portion of
the Facility as identified and depicted in the Force Main Easement for the purpose of
installation of the Force Main. City, at all times during the installation of the Force Main,
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agrees to conduct its operations in order not to unnecessarily disrupt operations at the
Facility.
B. Following completion of the installation of the Force Main within the
easement, and final certification by all applicable regulatory agencies, the City shall
convey to the Board that portion of the Force Main located within the Easement Area
through the delivery of a standard form Bill of Sale free and clear of all liens and
encumbrances. The City shall agree to warrant the Force Main constructed within the
easement for a period of one (1) year commencing upon the date of delivery of the Bill of
Sale to the Board. In the event of any defect in the operation of, or workmanship or in
the equipment or materials of the Force Main, and upon receipt of written notice from the
Board, the City shall promptly take all steps necessary to repair the Force Main located
within the Easement Area. In the event the City fails to make the repairs following
written notice, the Board may make the repairs and bill the City for the cost of the
repairs. Notwithstanding the foregoing, in the event of an emergency as determined by
the Board, the Board shall not be required to give any prior notice to the City and Board
shall be authorized to correct any such defect and bill the City for the cost of repairs.
C. City expressly acknowledges that City's use of any part of the Facility is
secondary to Board's operations at the Facility, and in particular, City acknowledges and
agrees that the Board's Executive Director shall review and approve in advance all plans,
including, but not limited to location of the Force Main, location of easements, and the
construction schedule for installation of the Force Main.
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D. City shall be responsible for obtaining, at its sole cost and expense, any
permits required for the installation of the Force Main.
E. City agrees to accept the Easement Area "As Is" without warranty or
representation and Board 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 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
Board.
Section 7. Breach/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. Notwithstanding the foregoing, in the event of
an emergency, as determined by the Board, the Board shall not be required to give any
prior notice to the City and opportunity to cure. In event of such an emergency the Board
shall be authorized to cure any such default of the City and bill the City for the cost of
curing the default.
Section 8. Termination
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In the event of a default by the City, and a failure to cure (except in emergencies
when no cure period is required), this Agreement may be terminated by Board 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
before 5:00 p.m. or on a non-business day, or if mailed, upon the date which the return
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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 Board at:
Attention: Executive Director
South Central Regional Wastewater Treatment Disposal Board
1801 N. Congress Avenue
Delray Beach, FL 33445
(561) 272-7061 (telephone)
(561 265-2375 (facsimile)
If to the City at:
Attention: Utilities Director
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
(561) 742-6404 (telephone)
(561) 742-6211 (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) 742-6211 (facsimile)
and:
Paul M. Fleming, PMP, Senior Project Manager,
City of Boynton Beach,
124 East Woolbright Road
Boynton Beach, FL 33435
(561) 742-6487 (telephone)
(561) 742-6298 (facsimile)
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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. Liabilitv
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, indemnify and hold Board (and the
elected officials serving as board members), and the Board's officers, employees and
agents, 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 City or anyone
acting under its direction or control, or on its behalf in connection with or incident to the
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performance of this Agreement. City's aforesaid 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 Board, 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-Citv
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 Board 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 "South Central Regional Wastewater Treatment and Disposal Board, its Board
members, Officers, Employees and Agents".
City agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statutes Chapter 440.
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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 Board 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
Board.
City expressly understands and agrees that any insurance protection furnished by
City shall in no way limit its responsibility to indemnify and save harmless Board under
the provisions of Section 15 of this Agreement.
Section 17. Insurance-Contractor
There is attached hereto as Exhibit C the "City of Boynton Beach Risk
Management Department Insurance Advisory Form" (hereinafter "Insurance
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Requirements"). The City agrees that it shall require its contractor that is installing the
Force Main to obtain and continuously maintain in force insurance of the types and
amounts of coverages as set forth in the Insurance Requirements. Prior to contractor
doing any work on the Facility property or bringing any materials or equipment to the
Facility property the City shall (or cause its contractor to do so) deliver to the Board a
standard ACORD Certificate of Liability Insurance (ACORD Form 25-S) or other
evidence satisfactory to the BOARD ("Certificate"), signed by an authorized
representative of the insurer( s) reflecting that the contractor has in force the insurance
with the types and amounts of coverages as set forth in the Insurance Requirements.
Simultaneously with delivery of the Certificate the City shall (or cause its contractor to
do so) deliver to the Board an Additional Insured Endorsement as to the Commercial
General Liability coverage in the form of CG 2026 Additional Insured - Designated
Person or Organization endorsement, or CG 2010. The endorsement must be signed by an
authorized representative of the insurer and reflect the policy number. The Additional
Insured endorsement shall read "South Central Regional Wastewater Treatment and
Disposal Board, its Board members, Officers, Employees and Agents" and if the
endorsement requires a Scheduled Location or Location of Covered Operations the
Board's address of 1801 N. Congress Ave. Delray Beach, Fl. 33445 shall be inserted as
such location.
Compliance with the foregoing requirements shall not relieve City of its liability
and obligations under this Agreement.
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City agrees to require of its contractor that the contractor's general liability,
automobile liability, and property insurance shall be primary as respects to any coverage
afforded to or maintained by Board.
City expressly understands and agrees that any insurance protection furnished by
City's contractor shall in no way limit the City's responsibility to indemnify and save
harmless Board under the provisions of Section 15 of this Agreement.
Section 18. Amendments
This Agreement may be modified and amended by written instrument upon mutual
agreement of the parties hereto.
Section 19. 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, Board 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 20. Time of the Essence
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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.
Section 21. Equal Opportunity Provision
The Board 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 22. Captions
The captions and section designations herein set forth are for convenience only
and shall have no substantive meaning.
Section 23. Incorporation bv Reference
Exhibits attached hereto and referenced herein shall be deemed incorporated into
this Agreement by reference.
Section 24. 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 25. Entiretv of Ae:reement and Costs
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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. The City agrees that it shall pay all costs associated with
recording this lnterlocal Agreement and the Force Main Easement in the public records
of Palm Beach County.
Section 26. Survival
The City's obligations: (i) set forth in Section 6 of this Agreement pertaining to
the one (1) year warranty, and, (ii) 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.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
IS
CITY OF BOYNTON BEACH, a Florida
municipal corporation organized and
existing under the laws of the State of Florida
By: ...... ''tn. ~ BY:~
Jane Prainito, City Clerk e Ta or, yor
APPROVED AS TO FORM
AND LEGr'L SlJ.;FFICIENCY
By: /jl~/ /
City Attorney L/
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on t~is jrUI .' day of -.Eehn.ar~ ' 2009,
before me personally appeared ~b( , Mayor, personally' known
to me or who produced as identification and who did ( )
did not ( v) take an oath and who executed the foregoing instrument and acknowledged
before me that he executed the same for the purposes therein.
N~J~Y PUBU~~TA1'E OF FLORIDA (1.1l t jll IV fl( i. Oil ~f,t 1!:ilJwA.yytU 11
,t "';. Cathenne Cherry-Guberman . V(
~.~Jco~mission #DD792144 Notary Pubhc, State of londa
.",,,,,,,,, Expll'es: MAY 27, 2012
DON1)&D '!'HIli An.ANTlQ IlQ@!NQl;:ome ~' Qb' . (L k" ...vII. If)
'j, '. '4' Print Name ten I1r err ~ --['flU u::f m..U I
Commission No. DD7Q/j,/4
My Commission Expires: ~au a11 .%/):7."
I I
DNT:dnt
H:\1990\900182.BB\AGREEMENTS 2009\Regional Force Main ILA with SCRWTDB (l-5-09).doc
Signed, Sealed and delivered
in the presence of: SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND
, d DISPOSAL BOARD
~l /~ /~
Print Name: /J /l/U4 L. /lt4ltlj'-1'1 r/
APP~ED A~O
12~ t-
Board Attorney
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
~aid and in the County aforesaid to take acknowledgments, personally appeared
~"n~... \05 and, )Je\s.l"1\ me. \)114~le , the Chairman and Secretary who
are (.jJ pers nally known to me OR (_) who have produced as
identification respectively of the Board named in the foregoing agreement and that they severally
acknowledged executing the same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said Board and that the Board seal affixed
thereto is the true corporate seal of said the Board.
WITNESS my hand and official seal in the County and State last aforesaid this d...l:L-
day of ~h(j J (1.1" I ' 200J. q .
NOTARY PUBLIC dtvu atlo/z;MJ
Lo~ ,4. O~~M'n
Print or Type Name
My Commission Expires:
(Notary Seal)
." .,.,.,~,
:..;.~~.rji"", LORI A. OSBORN
'. ':fA~'. MY COMMISSION II DO 575302
,'.... ,.:
/'~" ~1} EXPIRES: July 26,2010 .
.:: "'/i"';' ~~. Bonded Thru Notary Public Underwriters
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17
Exhibits to Interlocal Al!reement
Exhibit "A" - Temporary Construction Easement
Exhibit "B" - Easement Area (Force Main Easement)
Exhibit "C" - City of Boynton Beach Risk Management Department Insurance
Advisory Form
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EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT AREA
(Force Main Easement)
EXHIBIT "C"
City of Boynton Beach
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City
of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of
insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and
the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon
identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
-------------------------------------------------------------------------------------------------------------------------------------------
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage (anyone fire) $ 50,000.00
Employees & Officers Med. Expense (anyone person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
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Automobile Liability Combined Single Limit $ 500,000.00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $ 1,000,000.00
Aggregate $ 1,000,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
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Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
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Other - As Risk Identified to be determined
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INSURANCEADVISORYFORM04 Revised 10/2001
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3099 E. Commercial Blvd. #200 PgE 14'j~:, ]..I,,"; . Ill"I'''')
Fort Lauderdale. FL 33308
PCN RcCJ ... 0,61 B
CORRECTIVE TEMPORARY CONSTRUCTION EASEMENT
** (This Corrective Temporary Construction Easement is being recorded to corrl~d tine le~:al de~icription
contained in the Temporary Construction Easement recorded at ORB 23102, Page 0689 "I' Ihe public records
of Palm Beach County Florida.)
THIS TEMPORARY CONSTRUCTION EASEMENT C'Eascment") made
this ~day of~, 2009, by and between the CITY OF DELRA Y BEACH, a
Florida municipal corpor tion whose mailing address is \00 N.W. 1st Avenue, Delray
Beach, FL 33444, ("Delray") and the CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, whose mailing address is I 00 East Boynton Beach
Boulevard, Boynton Beach, Florida 33435-7934 ("Boynton").
RECITALS
Whereas, Delray and Boynton are Ihe owners of the land described in Exhibit
"A" attached hereto (the "Board Property"); and
Whereas, Delray and Boynton collectively comprise the Board of the South
Central Wastewater Trealment Disposal Board, which operates the wast,ewater treatment
facility located in the City of Boynton Beach; and
Whereas, Boynton has requested that the South Central Wastewater Treatment
and Disposal Board ("Board") granl a Temporary Construction Easement to allow
Boynton to install a regional force main on Board's Property.
Now, therefore, for and in consideralion of the sum of TEN DOLLARS ($\0.00)
to the Board in hand paid by Boynton, and various other good and valuable considl:ration,
the receipt and sufficiency of which are hereby acknowledged, Board does hereby grant
to Boynton, a non-exclusive Temporary Construclion Easement upon the real property
legally described in Exhibit "B" attached hereto and made a part h<ereof ("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 reg.ional force main (the
"Project"). The regional force main shall be installed in the portion of the TCE Easement
Premises legally described in Exhibit "B" attached hereto and made a part hereof. This
Easement shall include the right of ingress and egress thereto, over, across, through and
upon that parcel of land depicted in Exhibit "B" attached hereto and made a part hereof.
The rights granted pursuant to this Easemenl shall expire and this Easement shall
automatically terminate upon the earlier of Boynton's completion of Ihe Project or seven
hundred and thirty (730) days after Ihe Effective Date. Notwithstanding such automatic
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Prepared by & Return to: l>> m
David N. Tolces, Esq. .. a :z
Goren, Cheraf, Doody & Ezrol, P.A ::.l:J C
3099 E. Commercial Blvd. #200 55 ~ -fU ~
Fort Lauderdale, FL 33308 -1-<" OJ t.
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TEMPORARY CONSTRUCTION EASEMENT ~ ~~ i
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THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement") n\ide~~ ~
this ad~ay of ~eb~ L'-on. \-~ 2009, by and between the CITY OF DELRA Y BEACH, a '"0 0
Florida municipal corporati n whose mailing address is 100 N.W. 1st Avenue, Delray :i1 ~
Beach, FL 33444, ("Delray") and the CITY OF BOYNTON BEACH, a municipal ~ b
corporation of the State of Florida, whose mailing address is 100 East Boynton Beach ::;:; m
. ~~
Boulevard, Boynton Beach, FlorIda 33435-7934 ("Boynton"). ~
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RECITALS m
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Whereas, Delray and Boynton are the owners of the land described in Exhibit j;
-l
"A" attached hereto (the "Board Property"); and ~
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Whereas, Delray and Boynton collectively comprise the Board of the South 8
Central Wastewater Treatment Disposal Board, which operates the wastewater treatment ~
facility located in the City of Boynton Beach; and g
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5-?
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Whereas, Boynton has requested that the South Central Wastewater Treatment r~~
and Disposal Board ("Board") grant a Temporary Construction Easement to allow ~
Boynton to install a regional force main on Board's Property. Ii;
(J)
o
Now, therefore, for and in consideration of the sum of TEN DOLLARS ($1 0.00) ~
to the Board in hand paid by Boynton, and various other good and valuable consideration, I~
the receipt and sufficiency of which are hereby acknowledged, Board does hereby grant JS
to Boynton, a non-exclusive Temporary Construction Easement upon the real property -:;:
-'-
legally described in Exhibit "B" attached hereto and made a part hereof ("the TCE ;g
Easement Premises"). The rights granted pursuant to this Easement shall be limited to ~J
the right to utilize the TCE Easement Premises solely to install a regional force main (the
"Project"). The regional force main shall be installed in the portion of the TCE Easement
Premises legally described in Exhibit "B" attached hereto and made a part hereof. This
Easement shall include the right of ingress and egress thereto, over, across, through and
upon that parcel of land depicted in Exhibit "B" attached hereto and made a part hereof.
The rights granted pursuant to this Easement shall expire and this Easement shall
automatically terminate upon the earlier of Boynton's completion of the Project or seven
hundred and thirty (730) days after the Effective Date. Notwithstanding such automatic
termination, Boynton shall promptly deliver to Board a Release of Easement, in a form
satisfactory to Board, upon completion of the Proj ect, if so requested by Board.
1. Conditions to Rie:ht of Usae:e. Boynton shall obtain from Board and any
other necessary governmental entities written approval of all plans relating to the
construction of any improvement within the TCE Easement Premises prior to
commencement of construction thereof.
All improvements shall be constructed at Boynton'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. Boynton
shall give Board ten (10) days written notice prior to commencement of construction;
Boynton shall not be entitled to construct any improvements within the TCE Easement
Premises other than those specifically identified herein.
Boynton 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. Boynton also acknowledges and agrees that no construction shall take place upon
the TCE Easement Premises during any holiday when Board offices are closed.
2. Location of Existine: Utilities and Repair of Damae:e. Prior to exercising
the rights conferred hereunder, Boynton 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. If Boynton causes any
damage to any existing utility facilities, including, but not limited to sewer utilities,
Boynton shall, at its sole cost and expense repair such damage.
3. Use Limitation. Boynton acknowledges and agrees that the rights granted
by this Easement are and shall be strictly limited to those specifically granted herein and
that Boynton 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. Boynton shall be solely
responsible for and shall, at all times, maintain and repair at its sole cost and expense the
TCE Easement Premises and all improvements currently existing or constructed hereafter
therein during the term of this Easement. Boynton shall be solely responsible for and
shall, at its own cost and expense, promptly repair any damage arising out of Boynton'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 Boynton fails to fulfill these obligations, Board may complete the work and
Boynton shall reimburse Board for all costs and expenses incurred as a result of such
2
failure.
5. Other Oblie:ations. Boynton 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
Board's use of the Board's Property.
6. Personal Propertv. Board shall have no liability or responsibility
whatsoever for Boynton'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 Delray's nor Boynton's interest in the
TCE Easement Premises shall be subject to liens arising from Boynton's or any other
person or entity's use of the TCE Easement Premises, or exercise of the rights granted
hereunder. Boynton shall promptly cause any lien imposed against the TCE Easement
Premises or the Board Property to be discharged or bonded off, pursuant to Chapter
255.05 and Chapter 713 of the Florida Statutes. In addition, Boynton shall require all
contractors to furnish a payment and performance bond in accordance with Florida
Statutes Section 255.05, naming Boynton as the obligee. The required payment and
performance bond shall be delivered to the Board prior to commencement of
construction.
8. Insurance. Boynton shall require the Contractor to provide, maintain and
keep in full force and effect insurance as provided in the Interlocal Agreement between
the Board and Boynton which, lnterlocal Agreement pertains to, among other things, this
Temporary Construction Easement.
9. Indemnification. To the extent permitted by law, and subject to the
limitations provided in Section 768.28, Florida Statutes, Boynton, its successors and
assigns shall indemnify, defend and hold the Board and Delray harmless from and against
any damages, liability, actions, claims or expenses (including reasonable attorney's fees
and expenses at trial and all appellate levels) arising out of the exercise of the rights
granted hereby and use of this Easement by any person whomsoever, including, without
limitation, loss of life, personal injury and/or damage to property arising from or out of
any occurrence in or upon the TCE Easement Premises or access routes or in connection
with the use or operation of the TCE Easement Premises or access routes.
10. No Dedication. The grant of Easement contained herein is solely for the
use and benefit of Boynton, and Boynton'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
3
this Agreement.
12. Matters of Record and "As Is". Boynton hereby accepts the TCE
Easement Premises 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.
Boynton also hereby accepts the TCE Easement Premises "As-Is", without
warranty or representation and Board or Delray shall not be responsible or liable to
Boynton for any reason whatsoever, including without limitation, any claims for
compensation or any losses, whether caused by vandalism, theft, or 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 Board or Delray.
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 portions of this
Easement and the same shall remain in full force and effect.
15. Entire U nderstandine:. 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.
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
4
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
given to such party:
Board:
Executive Director
South Central Wastewater Treatment and Disposal Board
1801 N. Congress A venue
Delray Beach, FL 33445
Telephone: (561) 272-7061
Fax: (561) 265-2375
Boynton:
City of Boynton Beach
Attn: Utilities Director
124 East Woolbright Road
Boynton Beach, Florida 33435
Telephone: (561) 742-6404
Fax: (561) 742-6298
Delray:
City of Delray Beach
City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
Telephone: (561) 243-7000
Fax: (561) 243-7199
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 Boynton 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, Delray and Board 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,
S
suit or proceeding in connection with this Easement shall be in a state court of competent
jurisdiction in Palm Beach Board, Florida.
19. Prohibition Ae:ainst Assie:nment. This Easement may not be assigned by
Boynton. Any assignment made by Boynton shall be void and without legal effect.
20. Effective Date of Easement. This Easement is expressly contingent upon
the approval of the City Commission of the City of Boynton Beach, and the City
Commission of the City of Delray Beach, and shall become effective only when signed
by all parties.
21. Reservation of Rie:hts. Delray and Board 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
6
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:
CITY OF BOYNTON BEACH, a Florida
municipal corporation organized and
existing under the laws the State of Florida
'in. ~BY
, City Clerk , Mayor
o FORM AND
NCY
By:
City Attorney
STATE OF FLORIDA
BOARD OF PALM BEACH
The foreg~ing instrument was acknowledged before me this day ofi::ecn.ory,t, 2009,
byJ~lo( , the \d1l.4 ()( , of ~ nIoI1 &-n ell , a
. ) who is personally known to me OR (_) who has produced ~
as identification and who ( )did ( fl n+ )
did not take a oath. (I atitohuU (U~~ /1 j~IJIY'I1Jj{
(Notary Seal)
Notary Public, State FlorIda
NOTARY PUBUC-STATE OF FLORIDA talhenne OJle((\.( r &ul)::( rnon
. """"'" Catherine Cherry-Guberman Type, print or stamp name
l.'\CornmiSsion #PD792144
;" ,.1 ~~ltpires: MAY 27, 20~2 Commission Number: [) D ti1d-ILJLl
."".... 11 ...n.AIttlC BONtlINQ co.. JlIiC.
Il(,jNI)EII mIl
My Commission Expires:}--tU\.j &-fl/Jula
7
ATTEST:
CITY OF DELRA Y BE
municip,orporation
existing u er the la S 0
By~\D. \-.\~ BY:~ .'LQ~S
, City Clerk
APPROVED AS TO FORM AND
L~......'L"-SU.FFICIENCY .."'--.' ~
(' r
. I.
By~' . '~~<Ul/}- t/ . · f)
CI~y' orney ij
STATE OF FLORIDA
BOARD OF PALM BEACH
21. f1 cl ,--."
The foregoing instrument was acknowledged before me this day of JANlJaf~, 2009,
by NeI6cn5'{VlC~the V~i(e- (Y)Q~o.e ,of DehrQ'i hf?nch who is
personally known to me OR-(_) "xlho has produced i:l~ identification and -who
+-----~{ )did not take a oath.
(Notary Seal)
, (~j h e,-'; lie In.J /r'! e.
,,-;.~i!{/(-I Catherine Inglese Type print or stamp name
{.1"~ Commission # 00565576 '
~'. .....~ Expires July 22, 2010 . .
lI, '~BOndtdTraYFOin-lnluran...lnc eOO.38e.1019 CommIssIon Number: DO 5ibS5 7 <....,
My Commission Expires: Ju 'I d.(). J "d-Ol D
8
By execution hereof, the South Central Wastewater Treatment Disposal Board hereby
consents to and authorizes the grant of this Temporary Construction Easement.
Signed, Sealed and Delivered
in the presence of: SOUTH CENTRAL REGIONAL
Sign~/-71- WASTEWATER TREATMENT AND
DISPOSAL BOARD
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
a ores aid and in the County aforesaid to take acknowledgments, personally appeared
and Nfl lSlln (l1 c DII U e. , the Chairman and Secretary who are
( personally known to me OR (_) who have produced
as identification respectively of the Board named in the foregoing agreement and that they
severally acknowledged executing the same in the presence of two subscribing witnesses freely
and voluntarily under authority duly vested in them by said Board and that the Board seal affixed
thereto is the true corporate seal of said the Board.
WITNESS my hand and official seal in the County and State last aforesaid this cXt/'f1
day of -=f,.pJVr J_H~ ' 2009. -
NOTARYPUBLISX'tVU- aI2(}Jz;~
~.J.)(U A-. () 5 blJ~'"
Print or Type Name
My Commission Expires:
(Notary Seal)
'~~ lORI A. OSBORN
h :<1 MY COMMISSION # DD 575302
~~......~~ EXPIRES: July 26,2010
~ #,,~ft.~'" ' Bonded Thru Notary PubIc Underwriters
9
EXHIBIT "A"
BOARD PROPERTY
A parcel of land lying in the Northwest Quarter (NW Y-t) of Section 8, Township
46 south, Range 43 East, Palm Beach County, Florida, said parcel being more
particularly described as follows:
Commence at the Northwest corner of said Section 8; thence South 000 43' 21"
East, on an assumed bearing, along the West line of said Section 8, a distance of
90.0 feet; thence South 890 48' 45" East, parallel with the North line of said
Section 8, a distance of 2S3.0 feet to the POINT OF BEGINNING; thence
continue South 890 48' 4S" East, parallel with the said North line of Section 8,
and along the South Right-of-Way line of Lake Worth Drainage District Lateral
Canal No. 30, as shown on Sheet 102 of 240 Sheets and recorded in the Public
Records of Palm Beach County, Florida, a distance of 792.0 feet; thence South
810 18' 45" East, continuing along the said South Right-of-Way line of Lateral
Canal No. 30, a distance of 386.2S feet to an intersection with the Westerly Right-
of-Way line of the Seaboard Coast Line Railway; thence South 18022' 00" West,
along the said Westerly Right-of-Way line of the Seaboard Coast Line Railway, a
distance of 1656.42 feet; thence North 890 48' 4S" West, parallel with the said
North line of Section 8, a distance of 662.69 feet to an intersection with a line
200.0 feet East of the Easterly Right of Way line of Congress Avenue, as
measured along a radial line; thence Northerly, along a curve concave to the
West, said curve having a radius of 4072.80 feet and a central angle of 070 07'
06", and said curve being 200.0 feet East of, as measured along a radial line, and
parallel with the said Easterly Right-of-Way line of Congress A venue, a distance
of S06.00 feet to the end of said curve; thence North 000 43' 21" West along a
line being 200.0 feet East of, as measured at right angles, and parallel with the
said Easterly Right-of-Way line of Congress Avenue, a distance of 112S.84 feet to
the POINT OF BEGINNING.
10
EXHIBIT "B"
TCE EASEMENT PREMISES
11
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
February 12, 2009
Mr. Dennis Coates
Executive Director
South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, Florida 33445
Re: Resolution R09-028 - Interlocal Agreement and Temporarv
Construction Easement
Dear Mr. Coates:
Attached for your handling are the two (2) partially executed agreements and a copy of the
Resolution mentioned above. Once the agreements have been signed, please return the originals
to the City Clerk's Office for Central File.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Yn. ~
J net M. Prainito, CMC
City Clerk
Attachments
Cc: Pete Mazzella
Paul Fleming
Central File
S:\CC\WP\AffiR COMMISSION\Other Transmittal Letters After Commission\2009\R09-028 SCRWTD Temp Eas. and lLA.doc
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