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2008-005 Seacoast Utility Authority Agreement for Gray Water• RESOLUTION 2008-OS A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CLASS "A" RECLAIMED WATER AGREEMENT BETWEEN THE VILLAGE AND SEACOAST UTILITY AUTHORITY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 10, 2008, the Village Council approved the use ofreclaimed water as an alternative backup system for the irrigation of the North Palm Beach Country Club Golf Course and authorized a request of 300,000 gallons per day; and WHEREAS, Seacoast Utility Authority has agreed to provide such reclaimed water to the Village subject to the provisions of its established Reclaimed Water Policy; and WHEREAS, the Village Council determines that the execution of the Reclaimed Water Agreement with Seacoast Utility Authority is in the best interests of the Village. • NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals aze ratified as true and are incorporated herein. Section 2. The Village Council hereby approves the Class "A" Reclaimed Water Agreement with Seacoast Utility Authority for a term often years, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, and authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 10th DAY OF (Village Seal) ATTEST: VILLAGE CLERK ___....-- . .-.- .... .............~..a.o.. a... ..,,o.. o...o ..,.o, Aiama: Address: rnn~n-uiu~~11IIIIIIUI~nill~III~~IIIIII~--~~! c~'~ ~0rasfa02'3r~4r~ OR Bt{ '=~.~~k~:3 FG 06135 RECORDED 01/25/200$ 13:53:30 Palm Beach County, Florida Sharon R. Back, CLERK 8 COI[PTROLLER Pgs 06$5 - 69$; (14pgsY Please return to: Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, FL 33410 SEACOAST I1T'H.IT'Y AUTHORITY CLASS "A" RECLAIMED WATER AGREEMENT This Agreement is made and entered into this ~ day o 2008 between Seacoast Utility Authority, hereinafter referred to as "Authority", 4200 Hoo oad, Pahn Beach Gardens, Florida 33410, and Village of North Palm Beach, hereinafter referred to as "User", 501 US Highway One, North Palm Beach, Florida 33408. WITNESSETH: WHEREAS, Authority has established a Reclaimed Water Policy (the "Policy") as amended from time to time, which Policy is incorporated herein and made a part hereof and whose terms wntrol in the event of conflict; and WHEREAS, pursuant to that Policy, Authority and User wish to enter into this Class "A" Agreement providing for delivery of an amount of reclaimed water (the "Allotment") to User's property; and WHEREAS, the Authority is willing to deliver this reclaimed water for irrigation use by others;. and WHEREAS, User desires to utilize some of such reclaimed water for irrigation of lands owned or controlled by the User as set forth on Exlubit "A" by reference made a part hereof. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the Authority and the User do hereby agree as follows: 1. Term This Agreement shall commence on the date of its execution by Authority and shall remain in effect for a period of ten (10) years, unless terminated in accordance with the terms and provisions as stated herein. Thereafter, this Agreement will automatically be renewed for successive 10 yeaz terms. Notwithstanding the foregoing, this Agreement may be terminated, at any time, by either party, by giving not less than 180 days advance written notice to the other party. 2. Quantity and 9uality No guarantee is made by Authority as to the availability of any minimum pressure, flow, or volume of reclaimed water. Availability, Priority Basis and Disposal terms and conditions shall be as set forth in the Reclaimed Water Policy, as amended from time to time. 1 A. On August 9, 2007, the South Florida Water Management District Board approved Authority's application to withdraw water from certain surficial aquifer, surface water, and Floridan aquifer sources to supplement Authority's reclaimed water supply ("Supplemental Sources") Having obtained this regulatory authorization, Authority will construct or improve such pumping and delivery facilities as may he required to meet Authority's reclaimed water delivery obligation as set forth herein, with the exception of a telemetry controlled, full scale metering station,(as and to the extent required by the Authority's policies and procedures and construction standards), which shall be at User's sole cost and expense. If this or any regulatory permit authorizing continuous use of the Supplemental Sources is suspended, revoked, or not renewed, Authority shall be relieved of its obligation to deliver reclaimed water to User and this Agreement shall thereupon terminate. If South Florida Water Management District or any other agency of jurisdiction curtails or reduces the volume of Supplemental Source water allocated for this purpose, or if the actual yield of the Supplemental Sources is less than anticipated, or decreases over time, the parties shall, by formal amendment to this Agreement, reduce the Allocated Reclaimed Amount, as established and defined in Section 2. B, as agreed by the parties. In the event the parties are unable to reach agreement as to the amount of the resulting reduction, then this Agreement shall terminate. B. Subject to all other provisions of this Agreement, including but not limited to those set forth in Section 2.A above, the parties agree that the Allotment to User under this Class "A" Agreement will be three hundred thousand (300,000) gallons per day (the "Allocated Reclaimed Amount"). The Allocated Reclaimed Amount (as well as the reclaimed water itself) shall be subject to the provisions of the Authority's Reclaimed Water Policy, as amended from time to time. User agrees that should the Allocated Reclaimed Amount be exceeded, Authority may irrunediately and without notice curtail or discontinue service until Authority is satisfied that usage will be reduced to within the Allocated Reclaimed Amount volume. Notwithstanding transient variations in reclaimed water delivery, User shall pay base facility charges for Reclamed Water service based on the Allocated Reclaimed Amount. 3. Use of Reclaimed Water User shall accept the reclaimed water delivered by the Authority and use it for irrigation of lands described on Exhibit "A" in any manner determined by the User, except that use of the reclaimed water shall be consistent with and fully in compliance with local, state and federal regulations. Prior to use, User shall file with the Authority a written plan detailing intended use of reclaimed water which filing shall be updated as needed. User shall not discharge reclaimed water directly into the surface waters of the State of Florida without written authorization from the Florida Department of Environmental Protection and other regulatory bodies of local or federal juiisdiction. User shall take all reasonable 2 precautions, including signs and labeling, to prevent confusion between reclaimed water and other water sources. The Authority shall be deemed to be in possession and control of the reclaimed water until it shall have been delivered to the User at the Point of Delivery. After such delivery the User shall be deemed to be in possession and control thereof. 4. Point of Delivery The Point of Delivery of the reclaimed water from the Authority to User is the meter or as otherwise noted on approved engineering drawings. 5. Easements and Pinine The User shall execute all easements in form and substance acceptable to Authority, in favor of the Authority necessary for the installation and maintenance of reclaimed water lines to the Point of Delivery, including the meter assembly and fenced enclosure. Notwithstanding User's failure to make such grants, User agrees that Authority is authorized to enter upon property described on Exhibit "A" at any time for the purpose of inspecting reclaimed water facilities. The User shall, at its cost and expense, install all necessary piping, pumps; electrical lines, and other appurtenant equipment to convey reclaimed water from the terminus ofAuthority's reclaimed water transmission main to the User's facilities. All engineering costs relating to design, construction and permitting of the reclaimed water facilities shall be home by the User. In addition, the User shall install such metering devices, valves, and fittings as are required by the Authority and the regulatory and permitting agencies. Title to these facilities up to the Point of Delivery, including the meter, shall he transferred to the Authority, free and clear of any liens or encumbrances by means of a bill of sale, prior to comtnencement of reclaimed water delivery. The User shall be responsible for all operation and maintenance costs and other expenses relating to pumps, additional piping or any other cost whatsoever required from the Point of Delivery to the irrigation system. The User shalt be responsible for all costs associated with required sampling and analysis for this reclaimed water application site. The Authority shall be responsible for all operation and maintenance costs relating to the operation of the PGA Wastewater Treatment Plant as well as the reclaimed water and transmission system to the Point of Delivery. 6. Fees and Charles User shall pay to the Authority such rates, fees and charges in effect for a Class "A" reclaimed water customer as amended by Authority Board from time to time. If, under the terms of Authority's policies User's allocation is changed at any tune, charges shall be revised correspondingly. 3 7. Emergency Situations The Authority shall not be held liable by the User and User hereby agrees not to hold Authority liable for failure to deliver reclaimed water if an event occurs preventing such delivery. Such event shall include, but not be limited to: A. A lack of reclaimed water due to loss or lack of flow to the treatment plant or due to process failure. B. Contamination in the reclaimed water making it unusable for imgation. C. Equipment or material failure in reclaimed water delivery including storage, pumping and piping. D. Acts of God, public enemy, war, national emergency, allocation or other goverrunental restrictions upon the use' or availability of labor or materials; rationing, civil insurrection, riot, racial or civil rights disorder or demonstration, strike, embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, humcane, earthquake, or other casualty or disaster or catastrophe, unforeseeable failure or breakdown of pumping transmission or other facilities, unauthorized use of reclaimed water, any and all governmental rules, acts, orders or restrictions, regulations, requirements, acts or action of any government, public or governmental authority, commission or board, agency, agent, official or officer, the enactment of any statute, ordinance, resolution, regulation, rule or ruling, order, decree or judgment, restraining order or injunction of any court. Under no circumstances shall the Authority be liable for consequential damages. The Authority does not waive its sovereign immunity rights. 8. Permit Applications The Authority agrees to cooperate and assist User with User's permit applications to various governmental bodies, authorities and agencies concerning User's retrofitting of the water management tracts and related pipes, pumps, and facilities which are to be used in the transmission and delivery of the reclaimed water contemplated herein. All expenses and fees in conjunction with User's permit applications shall be paid by User. 9. Excuse From Performance by Governmental Acts If for any reason (other than by the fault of the party in question) during the term of this Agreement local, state or federal governments or agencies tail to issue necessary permits, grant necessary approvals, or require any change in the operation of the 4 treatment, transmission and distribution systems or the application and use of reclaumed water, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement in whole or in part, the affected party shall be excused from the performance thereof and a new agreement shall be negotiated, if possible, by the parties hereto in conformity with such permits, approvals, or requirements. However, nothing shall require the User or the Authority to accept any new agreement if it substantially adds to its burdens and obligations hereunder. ]0. EconomicFeasibility The Authority shall be relieved of its obligation to provide reclaimed water under the terms of this Agreement where to do so would cause material capital expenditures due to changes in environmental, health, safety, economic or aesthetic considerations of the public law or policy; provided however, that User, acting alone or in concert with other users, may, upon reasonable notice from the Authority, promptly pay and assume such material capital expenditures. 1 1. Transfer or Modification of Commitment The right of the User to sell, transfer or encumber the land in areas irrigated with the reclaimed water shall not be unreasonably restricted by this Agreement, except that written notice of any proposed sale or transfer must be given to the Authority at the address noted herein, at least 60 days prior to the sale or transfer. So long as use of the property shall continue to be for irrigation and related purposes, any responsible subsequent party in interest shall be obligated to receive and pay for the specified quantity of the reclaimed water under the same terms and conditions of this Agreement, unless modified by mutual consent of the Authority and the buyer or transferee. The User may not otherwise sell, transfer or encumber its rights under this Agreement. 12. Indemnification The parties to the Agreement shall not be deemed to assume any liability for the negligent, wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver by either party of the liability limits established in Section 768.28, Florida Statutes. In the event a clavn or lawsuit is brought against the Authority, its officers, employees, servants, or agents relating to the Reclaimed Water Agreement with regard to responsibilities of the User, the User agrees without waiver of 1unitation as provided for in Section 768.28, Florida Statutes, and to the extent permitted by law to indemnify and hold harmless the Authority, its officers, employees, servants, or agents from and against any claims, losses, demands, damages, liabilities, or causes of action of whatsoever kind or nature that the Authority, its officers, employees, servants, or agents may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement relating to any portion of the Reclauned Water Agreement that is the 5 responsibility of the User on its behalf in conjunction with or incidental to the performance of this Agreement. 13. Access The Authority shall have the right, at any reasonable time to enter upon the property of the User to review and vtspect the practices of the User with respect to conditions agreed to herein. Such entry shall normally be for the purpose of review of the operation of reclanned water irrigation system, for inspection of Authority owned mains and appurtenances, and for sampling at any monitoring wells located on the property of the User. 14. Disclaimer of Third Party Beneficiaries This Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason hereot; to or for the benefit of any third party not a formal party hereto. 15. Severability If any part of the Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. 16. Applicable Law This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Venue in any action shall lie in Palm Beach County, Florida. 17. Extent of Agreement This Agreement constitutes the entire Agreement between the parties as to the use of reclaimed water made available by the Authority and has been entered into voluntarily and with independent advice and legal counsel and has been executed by the authorized representative of each party on the date written above. This Agreement shall not be valid or enforceable until it has been signed by both parties. Modifications to and waivers ofthe provisions herein shall be made in writing and signed by the parties hereto. h Each party shall advise the other party, in writing, as to the status of its construction document preparation and construction of associated improvements on a quarterly basis to insure that both parties' activities are progressing shnultaneously. 18. Attorneys' Fees and Costs Should either party employ an attorney to enforce any of the provisions of this Agreement, or defend any action instituted by the other party, the prevailing party shall be entitled to be reimbursed by the other party for all reasonable costs, charges and expenses including attorneys' fees, expended or incurred in connection therewith including same on appeal. 19. Notices All notices required pursuant to this Agreement shall be in writing, sent by Registered or Certified Mail, Return Receipt Requested, postage prepaid, addressed as follows: Authority: Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, FL 33410 Attention: Executive Director User: Village ofNorth Palm Beach 501 US Highway One North Palm Beach, Florida 33408 Attention: Village Manager 20. Termination In the event User violates any of the terms or provisions of this Agreement including payment of rates, fees or charges then the Authority shall have the right to terminate the Agreement between the parties by giving User thirty (30) days written notice thereof. With respect to all matters other than payment of rates, fees or charges, User shall have the right to cure such violation provided that such a remedy shall be completed to the satisfaction of the Authority within the thirty (30) day written notice period. All indemnification provisions set forth elsewhere in the Agreement shall apply to any remedial action taken under this provision. Pursuant to the terms and provisions under the paragraph entitled "Economic Feasibility", the Authority may terminate its obligation to provide reclaimed water to User by giving sixty (60) days written notice thereof. In the event of termination pursuant to the paragraphs entitled "Excuse From Performance by Governmental Acts", and 7 "Emergency Situations", the Authority may terminate its obligation irrunediately by giving written notice thereof. 21. Recordatio^ A copy of this Agreement will be filed in the public records of Palm Beach County, Florida. SIGNATURE PAGE FOLLOWS] S cc~~ IN WITNESS WHEREOF, the parties hereto have set their hands and seals this O~~ day of ~ , 2008. Signed and sealed and delivered in the presence o£ AUTHORITY: WITNESS ~G~;~ .. _~ WITNESS STATE OF FLORIDA COUNTY OF PALM BEACH Authority Clerk (SEAL) The foregoin instrument was acknowledged before me this ~ day of~ 4i < 2008 by ~(~~ A~ f~~ ,Chair, and Mary Ann Stiles, Authority Clerkho are personally known to me or who have produced as identification and who did/did not take an oath, on behalf of t Seacoast ility Authority. (SEAL) ~.~'L ~~ Notary Public, State of Flo ~ a at Large My Comrnission Expires: f,",s~ t~ Pneyw •A My Commissbn 1K19A50E0 °~ Expires August 15,1008 USER: Village ofNorth Palm Beach By: M. Eissey, Mayor C~~d2~Eti' ~~/~J~il WITNESS STATE OF FLORIDA COUNTY OF PALM BEACH Attest: ~~~~~il~, ~~ Melissa Teal, Village Clerk The foregoing instrument was acknowledged before me this ~S day of Janua 2008 by Edward M. Eissey, Mayor, Village of North Palm Beach aTid Melissa Teal, Village Clerk, who are personally known to me and who di did no ake an oath, on behalf of User. (SEAL) (/~ "/• !~/n:~~ Notary Public, State ofFlorida at Large CHRISTINE A. WILCOTT ~o °e~'„q Notary Public -State of Florida •• .My CammasiwrFxplres Mar 4.2008 "=;~° Commission # DD296732 "~ °fi ~ o- Bondetl By NoAOnal Nofary Assn. My Commission Expires: /rIH/z ~/ 20o g' 10 EXHIBIT "A" PROPERTY DESCRIPTION A parcel of land to Seaton 9, Township 42 South, Range 4} East, Palm Brach County, Flonda, more pargcularly de- scrtbcd as tollowe: From the tntenection of the' westerly right of way Lne of U. 5. Highway No, I wtth the southerly right of way line of the Inlra- coaa4l Watetway, run SouN 11' Sot 40" West along seed westerly right of way line, a distance of gA].75 feet to the begtnntng of a curve concave to the east, having a radlua o! 2924.9) feet and a central angle of }1' II' 40"; Wsncs southerly along the arc of seed curve 'and through an angle of 7' Sb' S1", a dlsunce of 4DS, BO Iret tv the Potnt of Bepnning of the parcel of land he relnaHtr descrtbeJ; Hence continue southerly along the arc o! oald curve and through an angle of 5' }S' 12" a distance of 2A5.10 feet and the begfnntnp of a Curve concave to the northeut, having a radws tit 190 feet and a central angle o! QI' SI' 41" and whose tangent at this point makes an angle with the 4ycnt to the preceding de- mcrtbed curve, meuured from south to weal of 91' S1' 40"; thence westerly, northwesterly and northerly along the arc o! eaul cunt, e distance of 1D4.62 feet to the end of seed curve; thence North 2° OSt 52" East, a distance of 98.90 test; thence South 86' 47' 0" Eaet, a dutann of 191, 59 tnt, more or less, to the Point of Aeptnnmg, the above described parcel of land conutna (, 08 acres. Note; The above mentlonrd bearlnps are relerred to the south etpht of way line o! the Intracoastal Watetway ~htch 6eara North 59' tM' IS" West and recorded in Plal Book 17,•Papr 10, Public Records of Palm Beach County, Florida, -~- ctl5o 11 A pa r`iCel of land in Sections 8, 9, 16 and 17, Townrhlp 42 South, Range 43 East, Palm Sea ch County, Florida, and more pa rCf cola rly described ar [ollows: i i 8esginning at fife point of interees ction of the no rthesrly line of Lot 13, Block 7, Country Glub Addition to [hes Village of North Palm Beach, Florida, according to the plat the resot, recorded in Plat Book 25, pa gee 1,30 and 331, Pte blic Re co rde of Palm Stash County, Florida, with the westerly right of way line of U. S. Highway No. I, ae said rig h. of way line it shown on Right of Way Map, re co rdesd in Road plea Book Z, Pages 105 to 118, inclusdve, ' therace South 68• 23t 33" West, along the northerly lint o[ said Lot 1"3, a dl rtes nce of 25 feet to the beginning of a curve concave to the North, having a radiur of 680 feet and a central Angle of 27' 9,6'`27" (tor convenience the canter line of said U. 3. Highway No. 1 it assumed to bear North 21' 36' 27" Wert and all other bearing. shown he rc in are relative thereto); thence werter7y along the arc of .aid curve, a df etan ce of 256.44 feet to th¢ and of aaid curve; thence Wert along the northerly line of raid Lot 13, a distances of 5157 feet to the no rthwert co rear thereof; thence South along the West line of aaid Lot 13, a dirtanee of 50 feet; thence Wert, along Hie North floe of Lot IZ, 11, 10, 9 and 8 of .aid Block 7, a dlrta nce of 520 feet to the beginning of a curve concave to the routhea rt, having a radio. of 980 feet and a central angles of 41~ 25' 07"; thence wesete rly and ^outhwerte rly along the northerly lines- of Lotr 7, 6, 5, 4, 3 and part o[ Lot 2, of aaid Hlock 7, and through an angle of 38' 56' S8", a ddota nce of 666_ 20 fees to itr into rre c4ion with the arc of a curve concave Lo tk.e southwerc, having a radl~s o[ 744. 75 loot and a central angle of 60' OS' 48", and whose tangent makes an angle with the tangent of the preceding des reribed curve, measured from northwest to no rtheart, of 68• 11' 39": thence no rth werto rly along the arc of raid curve, a dirtance of 781. 16 feet to a point of reverse curvature; thence no rthwerte rly and northerly along the :rc of a curve coo ca ve to the no rtheart, having a radiur oL 409_ B9 feet and a central angle of 65' 39' O", a di ^tance of 469. b6 [eat to the end of said curve; thence North II• S5' 25" Wert, along Has tangent to said curve, a distance of 545 Leaf Ao the beginning of a curve concave to the routheart, having a radio. of 50 feat and a central angle o[ 90' O' O•'; thence no tthe rly and na rthea stsrly :tong the arc of said curve, a di ^tance of 78. 54 fee[ to the end of said curve; thence North 78• 24' 35" East, along the tangent to said curve, a di. tents o[ 110 feet to the beginning of a curve concave to the South, having a radiur of T20 feet and a central angle of 7• 59' O"; thence carte rly along the arc of raid curve, a disunee of 100. 3Z [vet to a point of compound curvature; thence Basta rly and ^outheaet.e rly along the arc of a eu~ve concaves to the southwest, having a radlu^ o[ 250 feet and a cq nt ral angle of 58° 39° 30", a dl r.tance of 255.94 lest to the ¢nd of raid curve; thence 3outb 34• 56' $$~lf+a rt, alone the tangent co raid curve, a distance of 185. 08 Seest the begdtareing od a curve ~~qcA 1 ~~r-~t~i r-~t~~~c~ lz concave ta'the northeast, havinII a radius of 372. 1.4 feet and a central angle of 21' 38' 30"; thence southeasterly along the arc of said curve, a disgnce of 140. 56 lest to the end of said curve; thence South 56° 35' 25" East, along the tangenC to said curve, a distance of 88. 88 feet to the beginning of a curve concave to the southwest, having a radius o[ 136. 45 feet and a central angle of 31' 24' 48"; thence southeasterly along the arc of said curve, a distance of 74, 8l feet to the end of said curve; thence South 25' 10' 37" Ea et, along the tangent to said curve, a distance of 50.49 feet to the beginning of a curve concave to the northwest, having a radius of 200 feet and a central angle of 180• 0' 0"; thence. southeasterl y, easterly, northeasterly and northerly and northwesterly along the sre of said curve, a distance of 628.32 feet to the end of said curve; thence North 25' 10' 37" Weet, along the tangent to said curve, a distance of 50.99 feet to the beginning of a curve concave to the East, having a rad;n^ of 59. 49 feet and a central angle of 58' 35' 12"; theme northerly along the arc of said curve, a distance of 60.83 feet to a point o[ reverse curvature; thence northeasterly along the arc of a curve concave to the northwest having a radius o[ 700 feet and a central angle of 15' 0' 0", s distance of 183.26 feet, to a point of compound curvature; thence northeasterly, northerly and northwesterly along the arc of a curve concave to the West, having a radius of 450 feet and a central angle of 75' 0' 0", a distance of 589. 05 feet to a point of compound curvature; thence westerly along the arc of a curve concave to the South, having a radius of 1400 (set and a central angle of 45. 0' 0", a distance of 1099.56 feat to the end of said curve; thence South 78. 24' 35" Weet, along the tangent to said. curve, a distance of 104.46 feet to the beginning of a curve concave to the northeast, having a radius of 50 feet and a central angle of 95' 05' 10"; thence westerly and northerly along the arc of said curve, a distance of 82.98 feet to a point of compound curvature; thence northerly along the arc o[ a curve concave to the East, having a radius of 1471.26 feet and a central angle of 31. 42' 30", a distance of B 14.22 feet to a• point of eompound curvature; thence northerly, easterly and southeasterly along the arc of a curve concave to the South, having a radius o[ 40 legit and a central angle of 106' 35' S2" a distance of 74.42 teat to a point of reverse curvature; thence southea©terly, easterly, northerly and northwesterly 13 along the arc of a curve concave to the northwest, having a radius o[ ~ 200 feet and a central angle of 202' 27' 33", a distance of 706. 72 feet to a point o[ reverse curvature; thence northwesterly and northerly along the arc of a curve concave to the Ea at, having a radius of 50 feet and a central angle of 109'LS' 27", a distance of 9i, 44 feet to a point of reverse curvature; thence northerly and northwesterly along the arc of a curve concave to the West, having a radius of 200 feet and a central angle o[ 103' 33' 46", a distance of 361.50 feet to the end of said curve; thence North 64. 47' 45" West, along the tangent 4o said curve, a distance of 180 feet, more or less, to a point in a line parallel to and 75 feet southeasterly from (measured at right angles to) the northerly extension of the center line tangent of the North palm $each Waterway, as said center line is shown on Sheet No, 3, of plat No. 6, Village o[ North Palm Beach, recorded in Plat Book 26, pages 10, l1 and I2, public Records of Palm Beach County, Florida; thence North 25' 12' 15" East, along said parallel line, a distance of 1067.50 feet, more or less, to a point in the southerly righe of way line oI the Florida Inland Navigation District's Right of Way, according to the map thereof, ,recorded ~i~ Plat Book 17, page 10, Public Records of Palm Beach County, Flori da; thence South 24' 31' 20" East, along said right o! way line, a dist~ncc of 148, 13 feet to an angle point: thence South 61' 05' 42" East, along said right of way line, a distance of -769. 49 teat, md~re or leas, to the westerly night of way !ins of said U. S Highway No. l; thence South 9' S5' 13" Weet, along said right o[ way line, a dlstance of 400 feet to the beginning of a curve concave to the southeast, shaving a radius o[ Z10 feet and a central angle of 90' 0' 0",,and whose tangent makes an angle with the preceding course, measured from North to Weat, of 90. 0' 0"; thence westerly, southwesterly and southerly along the are•ot said curve, a distance of 329.87 feet to the end of said curve; thence South 9° 55' 13" West, along the tangent to said curve, a distance o[ 425.44 feet to an angle point; thence South 0° O5' ZS" Wcet, a distance of 384. 81 feet to the beginning o(a curve concave to the northeast, having a radius of 190 feet and a central angle of 91' S1' 41"; thence southerly, southeasterly and ea aterly along the arc of said curve, a distance of 304.62 fe5t to the end o[ said curve, and a point in said westerly right of way line o! U, S. Highway No. 1, said point being in the arc o[ a curve concave to the East, having a radius of 2924. 93 feet and a central angle of 31 ° 31° 40'°; thence southerly along the arc of said curve, and through an angle of i7: 59' 31", a distance of 918.48 feet to the end of said curve; thence South 21 ° 36' 27" East, along the tangent 20 paid curve, and being the westerly right of way line of said U. 5_ Highway No. 1, a distance of 1002.73 feet to the point of beginning. 74