2001-017 Declaration of Trust w/WCI for Manatee Protection• RESOLUTION 17-2001
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 A DECLARATION OF TRUST AS TRUSTEE WITH WCI
COMMUNITIES, INC. ATTACHED AS EXHIBIT "A", WHICH DECLARATION OF TRUST
IS FOR THE PURPOSE OF MANATEE PROTECTION BY ENFORCEMENT OF BOAT
SPEED ZONES ON THE INTRACOASTAL AND CONNECTED INLAND WATERWAYS
WITHIN THE AREA BETWEEN ONE-HALF MILE NORTH OF JUPITER INLET TO THE
NORTH AND ONE-HALF MILE SOUTH OF THE LAKE WORTH INLET TO THE SOUTH;
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 Declaration of Trust as Trustee with WCI Communities, Inc. Attached
as Exhibit "A", which Declaration of Trust is for the purpose of manatee protection by
enforcement of boat speed zones on the Intracoastal and connected inland waterways
within the area between one-half mile North of Jupiter Inlet to the North and one-half mile
South of the Lake Worth Inlet to the South.
Section 2. The Village Council does hereby authorize and direct the Mayor and
Village Clerk to execute the Declaration of Trust for and on behalf of the Village of North
Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 25th DAY OF JANUARY, 2001.
(Village Seal)
~.
M YOR
• ATTEST: ~
VILLAGE CLERK
.. ,
.,
Declaration of Trust
This Declaration of Trust made at Palm Beach County, Florida, on
.~ANun..y
~• t f 20001by and between WCI Communities Inc., 24301 Walden
Center Drive, Bonita Springs, FL 34134 hereinafter referred to as Donor, and the
Village of North Palm Beach, 501 U.S. Highway 1, North Palm Beach, FL
33408 as Trustee and its successor as Trustee under and in accordance with the
terms of this deed, witnesseth:
1. In order to effectuate the Trust hereby created, Donor grants and conveys
United States Currency two hundred thousand dollars (US $200,000.00) to
Trustee and its successor as Trustee hereunder, to be held, used, administered
and disposed of, as well as all additions and accretions thereto and all incomes,
revenues and profits thereof and there from, for enhancement of manatee
protection, in the manner and upon the terms expressly provided hereunder:
a) The objective of the Trust is to make available funds for manatee speed
zone enforcement.
b) The funds from the Trust shall be used only for enforcement of boat
speed zones on the Intracoastal and connected inland waterways within the area
between one-half mile north of Jupiter Inlet to the north and one-half mile south
of the Lake Worth Inlet to the south.
c) The funds from the Trust shall be made available for payment to law
enforcement authorities designated by the Governing Board for additional
manatee speed zone enforcement within the area described in subparagraph l.b)
herein. The funds shall be available at any time after one year of its deposit into
the fund, subject to the details of the strategic manatee protection law
enforcement plan created by the governing board as detailed hereunder.
The Trust established by this instrument shall have perpetual existence.
• 3. For the purpose of managing and administering the Trust hereby created, the
Trustee shall act pursuant to the direction of a Governing Boazd created as
follows:
a) The Goveming Boazd shall be composed of three voting members, one
member from Save the Manatee Club, Inc. ("Club"), one member from WCI
Communities Inc. ("WCI") and one member from the Department of
Environmental Protection (Department") and additional non-voting members as
described below.
b) The Club and WCI may each assign their voting representation and
membership on the Goveming Board to another party.
c) In the event that the Department chooses not to serve as third voting
member, then the Club and WCI or their assign shall jointly agree upon the
appointment of an alternative voting member to replace the Department on the
Governing Board. In the event that a Trustee resigns, a successor Trustee shall
be appointed by the voting members of the Governing Board.
d) The non-voting members shall be one representative from each of the
following organizations at their option: the Palm Beach County Department of
Environmental Resource Management; the United States Fish and Wildlife
Service; the Sheriff's Office of Palm Beach County and the Police Department of
any Intracoastal municipality that lies between Jupiter Inlet and Lake Worth
Inlet; the United States Coast Guard; the Florida Marine Patrol and the Florida
Game and Freshwater Fish Commission.
4. The general purpose of this instrument is to create a public trust and charities,
namely, the Manatee Trust and to pay funds annually for manatee protection as
provided herein. Reasonable costs and expenses incurred by the Trustees in the
performance of their dudes shall be reimbursed from the Trust.
5. Trustee shall pay, apply, divide and distribute the net amount of the income,
2
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revenue and profit each calendar year as aforesaid. The Trust shall terminate in
the event that all funds held in Trust have been expended.
6. This instrument is intended to be made, administered and given effect under
and in accordance with the present existing laws and statutes of the State of
Florida, notwithstanding that it may be administered and the beneficiaries hereof
may be located in whole or in part in other states, and the validity and
construction thereof shall be determined and governed in all respect by such law
and statutes.
7. No provision of this shall be deemed or declared illegal, invalid or
unenforceable be reason of any other provision or provisions of this Trust being
adjudged of declazed illegal, invalid or unenforceable, each and every other
provision of this Trust shall take effect as if the provision or provisions so
declazed or adjudged to beullegal, invalid or unenforceable had never been
contained in this indenture.
IN WTI'NESS WHEREOF, Donor and Trustee sign this instrument on the
day and at the place stated hereof.
Executed y the Donor on
By:
. P, ~J~~ Gt~vr,»w.,.,,~;1, ~1.,,~.
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Executed by the Trustee on
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