R2022-58 Conservation Easement for MacArthur State ParkRESOLUTION NO. 2022-58
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING THE ASSIGNMENT AND
ASSUMPTION OF A CONSERVATION EASEMENT FOR MACARTHUR
STATE PARK AND AUTHORIZING THE MAYOR TO EXECUTE THE
ASSIGNMENT AND ASSUMPTION ON BEHALF OF THE VILLAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1980, Palm Beach County granted a Conservation Easement over the MacArthur
Park property to The John D. MacArthur Park Conservation Corporation, Inc. pursuant to Section
704.06, Florida Statutes; and
WHEREAS, because MacArthur is no longer a major landowner in Palm Beach County and there
is no continued need for the Conservation Corporation, the Corporation has requested that the
Village accept the assignment and assumption of the Conservation Easement; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and incorporated herein.
Section 2. The Village Council hereby approves the Assignment and Assumption of
Conservation Easement from The John D. MacArthur Park Conservation Corporation, Inc. to the
Village, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor to
execute the Assignment and Assumption on behalf of the Village.
Section 3. This Resolution shall be effective immediately upon adoption.
PASS DOPTED THIS 28TH DAY OF JULY, 2022.
OR
MA Y R
ATTEST"
VILLAGE CLERK
022f�rp�;113,1
2 ten.
C:i..f n}=�F.'.:i�;}i!_,irilllt_P`.,•
Prepared by:
David N. Morrison
Attorney at Law
Quarles & Brady LLP
1395 Panther Lane, Suite 300
Naples, FL 34109
ASSIGNMENT.' AND ASSUMPTION OF CONSERVATION EASEMENT
THIS ASSIGNMENT AND ASSUMPTION OF CONSERVATION EASEMENT
("Assignment") is made this Y r day of i� u& " T , 2022 (the "Effective Date"), by and
among THE JOHN D. MACARTHUR PARK CONSERVATION CORPORATION, INC., a
Florida not-for-profit corporation ("Assignor"), and THE VILLAGE OF NORTH PALM
BEACH, a municipal corporation organized and existing under the laws of the State of Florida
("Assignee").
WITNESSETH:
WHEREAS, Assignor and PALM BEACH COUNTY, FLORIDA, have entered into that
certain Conservation Easement dated December 19, 1980 and recorded on February 2, 1981 in
Official Records Book 3456, commencing at Page 1455, of the Public Records of Palm Beach
County, Florida ("Conservation Easement"); and
WHEREAS, Assignor, as grantee under the Conservation Easement, desires to assign all
of its obligations, rights, title and interest in and to the Conservation Easement to Assignee and
Assignee wishes to accept said assignment.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1. Except as specifically defined in this Assignment, all capitalized terms used herein
shall have the meanings ascribed to them in the Conservation Easement.
2. Assignor transfers, assigns and sets over to Assignee all of obligations, rights, title
and interest of Assignor in and to the Conservation Easement as of the Effective Date.
3. Assignee accepts the assignment made in Paragraph 2 above, assumes the
Conservation Easement, and agrees to observe and perform all of the covenants, agreements and
obligations to be observed or performed by the grantee under the Conservation Easement from and
after the Effective Date.
4. Assignee agrees to indemnify, defend, and hold harmless Assignor from and against
all claims, actions, Iosses, damage, costs, and expenses (including, without limitation, reasonable
attorneys' fees and costs including costs and fees associated with any appeals) arising out of
QBN7391824 l . l
Assignee's failure to comply with any of the terms, covenants, conditions, and obligations of the
grantee under the Easement Agreement, on or after the Effective Date. Nothing set forth herein
shall operate as a waiver of Assignee's sovereign immunity protections or the limits of liability set
forth in Section 768.28, Florida Statutes, nor shall it create a cause of action in favor of any third
party.
5. This Assignment shall be governed by and construed in accordance with the laws
of the State of Florida.
6. This Assignment shall be binding upon and inure to the benefit of the parties and
their respective heirs, legal representatives and permitted successors and permitted assigns. This
Assignment may be executed in counterparts, each of which, when combined, shall constitute an
original.
[SIGNATURES ON FOLLOWING PAGES]
QM73M241.1
IN WITNESS WHEREOF, Assignor has executed this Assignment as of the day and year below.
ASSIGNOR:
The John D. MacArthur Park Conservation
Corporation, Inc., a Florida not-for-profit corporation
Name: &f& A>v C 1 lJ
Title: 1) 1 12 tX TV jLf ,7—Y21f6 _S 1/9 Ly�'
Date: ir/ 11 1Z-" Z Z
STATE OF ]2()f'\c
COUNTY OF QD M
The foregoing instrument was acknowledged before me by means of physical presence or by ] online n tarization,
on this day of ij K-� 2022, by fel{ f[, �1�- Yf Cihur� , as rA� `o le John D.
MacArthur Park onservation Corporation, a Florida not-for-profit corporation, who [ ] is personally known or who
[ ] has produced rj . ( ] L, as identification.
[Notary Seal] Nka
MARIAM RHYNE
,,�� pia Notary Public, State of Florida
x Commissian# HH 291392
My Comm. expires June 14, 2026
Q[3173918241.1
Printed Name:
My Commission Expires: 66
q l zbu
IN WITNESS WHEREOF, Assignee has executed this Assignment as of the day and year below.
ASSIGNEE:
The Village of North Palm Beach, a municipal
corporation organized and existing under the Iaws of the
State of Florida
By: Deborah Searc Ma or
Date:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing 'instrument was acknowledged before me by means of [L] physical presence or by [ ] online notarization,
on this day of .� 2 8 , 2022, by Deborah Searcy,,,ps Mayor of the Village of North Palm Beach, a political
subdivision of the State of Florida, who [ ✓ ] is personally known or who [ ] has produced
as identification.
[Notary Seal] NWry blic
Printed Name: J jeJa ► C' J� r }
1�RY 1 Jessica J. Green
NOTARY PUBLIC
0
�-5- STATE OF FLORIDA
w Comm# GG951576
f is Expires 3/7/2024
QM73918241.1
My Commission Expires: S h l -lo zt