1999-062 Seacoast Property at Anchorage Parkf~
RESOLUTION NO. 6z-99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH
SEACOAST UTILITY AUTHORITY AND EXHIBITS ATTACHED THERETO,
WHICH AGREEMENT WITH EXHIBITS IS ATTACHED TO THIS
RESOLUTION AS COMPOSITE EXHIBIT "A", AND PROVIDES FOR THE
QUIT-CLAIM AND CONVEYANCE FROM SEACOAST UTILITY
AUTHORITY TO THE VILLAGE OF NORTH PALM BEACH OF CERTAIN
REAL PROPERTY KNOWN AS ANCHORAGE PARK AND MORE
PARTICULARLY DESCRIBED IN THE EXHIBITS TO THE AGREEMENT;
PROVIDING FOR THE GRANT BY THE VILLAGE OF NORTH PALM
BEACH OF PERPETUAL UTILITY EASEMENTS TO SEACOAST UTILITY
AUTHORITY; GRANTING A LICENSE AGREEMENT FROM THE VILLAGE
OF NORTH PALM BEACH TO SEACOAST UTILITY AUTHORITY FOR
INSTALLATION, OPERATION AND MAINTENANCE OF SEWAGE
PUMPING STATIONS IN, UNDER AND ACROSS LANDS OWNED BY THE
VILLAGE OF NORTH PALM BEACH; PROVIDING FOR A LEASE BACK
FROM THE VILLAGE OF NORTH PALM BEACH, AS LESSOR, AND
SEACOAST UTILITY AUTHORITY, AS LESSEE, TO A PORTION OF THE
LANDS COMPRISING ANCHORAGE PARK; AND, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida,
does hereby approve the agreement with Seacoast Utility Authority and attached exhibits,
which agreement is attached to this Resolution as composite exhibit "A" and provides for
the quit-claim and conveyance to the Village of North Palm Beach from Seacoast Utility
• Authority of certain real property known as Anchorage Park and more particularly
described in the exhibits to the agreement; providing for the grant by the Village of North
Palm Beach of perpetual utility easements to Seacoast Utility Authority; granting a license
agreement from the Village of North Palm Beach to Seacoast Utility Authority for
installation, operation and maintenance of sewage pumping stations in, under and across
lands owned by the Village of North Palm Beach; providing for a lease back from the
Village of North Palm Beach, as Lessor, to Seacoast Utility Authority as Lessee, of a
portion of lands comprising Anchorage Park.
The Mayor and Village Clerk are hereby authorized and directed
to execute the agreement with Seacoast Utility Authority and exhibits attached thereto.
$~$,. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 14th DAY OF OCTOBER , 1999.
(Village Seal)
ATTEST C~'//K~
VILLAGE CLERK
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resol uUlseacoast.sew
• AGRIsI;MEN'T
T'1IIS AGREEMENT is made and entered into this ~~ day of~~~_,
1999, by and between the VILLAGE OF NORTH PALM BEACH ("Village") and the
SEACOAST UTILITY AUTHORITY ("Authority").
WITNESSETH:
\VIIF,REAS, Authw•ity holds fee simple title interest in the Anchorage Drive Wastewater
Plant property more particularly described on Exhibit "i" ("Properly"); and
\\'IIEI2EAS, Authority ceased wastewater treatment operations on the Property in 1994;
and
WIIEREAS, despite ceasing treatment operations on the Property, the Authority requires
continuing use of and access to certain improvements located on the Properly; and
WIiEREA5, pursuant to Chapter 125, Florida Statutes, the Authority has determined the
Property to he swplus, subject to continuing access and use considerations; and
WHERIsAS, the Village wishes to acquire fee simple title to the Property; and
VI'HEREAS, the Authority has determined that subject to continuing Authority access
and use considerations, conveyance of the Property to the Village is a compelling public interest
in accordance with the provisions of Chapter 125.38, Florida Statutes; and
\VIIEREAS, the Authority wishes to acquire certain easements and licenses from the
V i I lags;
NOW TIII'sREI~ORE, in consideration of the mutual covenants and promises as herein
scl foilh, Village and Authority agree as follows:
1. The foregoing statements arc true and correct.
2. Authority and Village agree that Property is to be conveyed "as is" to Village in accordance
with the quit claim deed attached hereto as Exhibit " 2." Any preacquisition and post
• acquisition costs, including such feasibility reports, appraisals, contamination assessments or
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other evaluations, studies, or investigations that the Village may require, shall be the
financial obligation of the Village.
3. As material consideration for conveyance of Property as set forth herein, Village agrees to
grant the utility casements, and licenses attached hereto as Exhibits " 3" and "4" respectively.
4. Authority and Village agree that Authority shall be authorized to use the Property and
facilities thereon in accordance with lease agreement attached hereto as Exhibit "5".
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IN WITNESS W[IEREOF, Village and Authority have executed or have caused this
Agreement to be duly executed in several counterparts, each of which counterpart shall be
considered an original executed copy of this Agreement.
ATTEST:
By
1 atl\leen P. Kelly, Village C c
VILLAGE OF NORTH PALM BEACH,
FLORIDA
BY ITS LAGS COUN
By
E ward M. Elssey, Ma or
ATTEST:
By
Mary files, Authority Clerk
U:\US CRS\RIM\.S UA\IX)CU M CNl\NPnANCI IS.IXI(7
SF,ACOAST UTILITY AUTHORITY
Beb ' 'r
G~•L F-" ~~~ls~~. VI ~ t' lea
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EXHIBIT " 2"
QUIT CLAIM DEED
THIS QUIT CLAIM DEED, executed this ~~ day of `-'~~ J~`~ ,
1999, by SEACOAST UTILITY AUTHORITY (hereinafter refen'ed to as Grantor), whose
address is 4200 hood Road, Palm I3each Gardens, Florida, 33410, to the VILLAGIs OF
NORTH PALM BEACH, a Florida municipal corporation (hereinafter referred to as Grantee),
whose address is 501 U. S. Highway One, North Palm Beach, Florida, 33408:
WITNF,SSETII, that the said Grantor, for and in consideration of the sum of $10.00, in
hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise,
release and quit claim unto the said Grantee forever, all the right, title, interest, claim and
demand wliicli Grantor has in and to the following described property, situate, lying and being in
the County of Palm Beach, State of Florida, to wit:
SEE EXHIBIT"`A" ATTACHED HERETO
AND MADE A PART HEREOF
TO IIAVE AND TO IIOLD the same, together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit
and behoove of the said Grantee forever.
IIUT RETAINING AND RESERVING unto Grantor, its successors and assigns, fee simple
title and property ownership rights in the parcel of land described on Exhibit "B" attached hereto
and made a part hereof (Retained Property)
AND ALSO RETAINING AND RESERVING unto Grantor, its successors and assigns, the
access casements described on Exhibit "C" attached hereto and made a part hereof (Retained
Access Easements). The Retained Access Easements shall be relocatable at Grantee's sole cost
and expense, subject to Grantee providing alternate legal access at a location designated by
Grantee and consln~cting a paved road. If such legal access is designated solely for Grantor's
use, Grantor, at its cost, shall maintain the access road.
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AND ALSO RETAINING AND RESERVING unto Grantor, its successors and assigns, the
exclusive utility easements described on Exhibit "D" attached hereto and made a part Hereof
(Retained Utility Easements)
IN WITNESS WIIEREOF, the said Grantor has signed and sealed these presents the
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clay and year first above written.
W1TNIsSSES:
Signed, sealed and delivered in the
Pres ce f.:
~~t~ ~
W~it~ness Ignalure
Print Na )me
/ ~ v
Witness Signature
}Srint ame
GRANTOR:
SEACOAST UTILITY AUTHORITY
6a.1- f"lk.fs~ ~ic~ ~~~'tr
Attest: CJ~n-sue
Mary n Stiles, Authority Clerk
S"f ATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this.Z day ofOC~J e/~ ,
1999 by Bobbie Herakovich and Mary Ami Stiles, Chair and Authority Clerk respectively of
SEACOAST UTILITY AUTHORITY, who are both personall known to me and who did not
take an oath. ---
Notary Signature
ADELE DINOEE
NOTARY pUBI1C STATfi OF FLORa)A
COMMLSSION NO. L'C~~~
MYCOMMISSION EXP. APR.26
Print Name
Notary Public - State of Florida
Commission No.
My Commission Expires:
l Iti I iati\MA ItYANN\I1000M IiN'M(iltl iliMN'I\I iXl IIB1'rD
RCr'URN TO:
• Rruce Gr<gg
Scacoasl Uliliry Authority
<r00llood Road
Patin Oeach GarJens, P131<10
EXHIBIT " 3"
EASEMENT DEED
THIS CASEMENT DEED made and entered into this z~ day of O~v~Q.~, 1999,
between the Village of North Palm Beach, a Florida Municipal Corporation, (hereinafter referred
to as "Grantor") whose address is 501 U.S. Highway One, North Palm Beach, Florida, 33408 and
Seacoast Utility Authority (hereinafter referred to as "Grantee") whose address is 4200 Hood
Road, Palm Beach Gardens, Florida, 33410.
WITNESSETH:
Tliat Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by
the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its
successors and assigns, a perpetual utility easement which shall permit the Grantee to enter upon
the property herein described at any time to install, operate, maintain and service water and sewer
lines and appurtenant facilities in, on, over, under and across the easement premises. The easement
hereby granted cover parcels of land lying, situate and being in Palm Beach County, Florida, and
being more particularly described as follows:
SEE EXHIBIT "A", ATTACHED IiERETO
AND MADE A PART HEREOF
Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the
real property herein described and that it has good and lawful right to grant the aforesaid easement
free and clear of mortgages and other encumbrances.
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ExHIBI•r „s„
• LEASF, AGREE~M1 ENT
THIS AGREEMENT entered into this ~. l day of QC, 06 R~ , 1999, by
and between SEACOAST UTILITY AUTFIORITY, a Florida legal entity (hereinafter called
"Lessee") and the VILLAGF, OF' NORTH FALM BEACH, a Florida municipal cogroration
(hereinafter called "Lessor").
WITNESSETH:
Section 1. DEMISE. Inconsideration of the covenants, terms, conditions and agreements
lierea(ter set forth, Lessor hereby leases to Lessee, and Lessee hereby takes from Lessor the use
of all buildings, tanks, structures, pipelines, and appurtenances (hereinafter referred to as the
"Facilities") located upon the real property more fully described on Exhibit "A" attached hereto
and made a part hereof (hereinafter the "Property"), consisting of 1.68 acres, more or less,
SUBJECT, IiOWEVER, TO TFIE FOLLOWING:
A. Present and future caning laws, ordinances, resolutions end regulations of the
county or slate in which the Facilities is located and all present and future ordinances, laws,
regulations and orders of all boards, bureaus, commissions and bodies of any municipal, county,
slate or federal sovereigns now or hereafter having or acquiring jurisdiction over or affecting the
Facilities and the use and improvement thereof, except that Lessor shall neither enact nor enforce
any code or ordinance, resolution, rule or order which restricts Lessee's present use of the
Facililics;
B. Condition and state of repair of the Facilities as the same may be on the date of
commencement of the lean of this Lease.
This Lease is granted and accepted upon the foregoing and upon the following covenants
and conditions, and subject to the following restrictions, to all and every one of which the parties
consent; and each of the parties hereby expressly covenants and agrees to keep, perform and
observe all of the terms, covenants and conditions herein contained on its pan to be kept,
performed and observed.
Section 2. TERM OF LEASE. The le~m of this Lg a shall be for a period of five (5)
~,yC~ru~ mmencing o the "ZT day of Qe-1O~sL^~ 19~ and ending on the ~~ day of
CJ -(- ~, oc7 Lessee may temiinale the Lease upon three hundred and sixty-five (3G5)
days written notice to Lessor.
Section 3. RENT. Lessee shall pay to Lessor as rent for the use of the Facililics, in such
currency of the United Slates of America as at the time of payment shall be legal lender for the
payment of public and private debts, the total sum, of 510.00 per year, payable in advance. All
payments shall be made to Lessor without notice, demand and without abatement, deduction or
setoff, at 501 U.S. Highway One, North Palm Beach, Florida 33408, or at such other place and to
such other person as Lessor may from time to lime designate in writing.
Section 4. USE OF FACILITIES. The Facilities shall be used and occupied by Lessee for
purposes consistent with normal utility operations, including but not limited to, receiving, storing
and pumping sewage.
Lessee shall have the right to erect and conslnict apparatus or whatever other
improvements that it may deem necessary or advantageous to the facilitation ~of the aforesaid
purposes, subject to prior approval of Lessor of such improvements, which approval shall not be
unrcascnably withheld.
. It is understood and agreed that the Lessee shall undertake and bear all conslmction and
maintenance costs, for any equipment that may be erected or utilized in the furtherance of the
aforesaid purposes,
IN WITNESS WHEREOF, the parties have hereunto set their hands, and seals as of
the date first above written.
• WITNP.SSES: LESSOR:
VILLAGE QF NORTH PALM BEACH, a Florida
7~1~0~~ ,1~~ By: ~
// / • ~ T~Q / ward M. Eissey, l 4ayor Q
r ~ ~
0.~lene t a t ~ C hleen F. Kelly, tllagt
As to Lessor
LESSEE:
c
11.e~.~.,, Lo7s~~i9.V
p.~~
As to Lessce
U:NSIilttiIMANVANN/UD('VMGNI'/AOaliI:MN I /aXllllll"1'D
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SEACOAST UTILITY AUTHORITY
Ga~L ~n~~sar,, ~V ce C'It~~r
Attest:
Mary nn tiles, Authority Clerk
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