of Boca Rat RESOLUTION A RESOLUTION OF THE CITY OF BOCA RATON CONSIDERING ACCEPTANCE OF A SEWER LINE

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1 CITY HALL CITY OF 201 WEST PALMETTO PARK ROAD BOCA RATON, FL PHONE (561) Boca Raton (FOR HEARING IMPAIRED) TDD (561) March 28, 2018 TO: FROM: SUBJECT: Mayor and City Council Leif J. Ahnell, C.P.A., C.G.F City Manager Sewer Line Easement Deed 5100 Jog Road Spanish River High School RECOMMENDATION: I recommend approval of this Resolution which authorizes the Mayor and City Clerk to approve and accept a sewer line easement deed ("Easement Deed") from the School Board of Palm Beach County ("School Board") for a sewer line ("Facility") at the Spanish River High School ("High School") located at 5100 Jog Road. The approval of the Easement Deed will allow the City access to maintain the Facility and appurtenant equipment. BACKGROUND: There is a lift station in the Laurel Pointe neighborhood to the east of the High School which serves both that neighborhood and the High School. In 2010, Laurel Pointe provided a sewer line easement over their property to serve the lift station. The Laurel Pointe easement, however, did not line up with the existing easement at the High School, so the City has requested that the High School provide a new easement that will adjust the alignment and cover the Facility. Accordingly, the School Board is granting the Easement Deed to the City for access to the Facility. This Resolution will serve as the vehicle for the City Council to approve and accept the Easement Deed. FISCAL IMPACT: There is no fiscal impact to the City associated with the Easement Deed. This document originated by: Carolyn D. Bodor, SRPA Property Specialist/Appraiser STAY CONNECTED I] -AN EQUAL OPPORTUNITY EMPLOYER

2 of Boca Rat 0-q ===== ============~ RESOLUTION A RESOLUTION OF THE CITY OF BOCA RATON CONSIDERING ACCEPTANCE OF A SEWER LINE EASEMENT DEED FROM THE SCHOOL BOARD OF PALM BEACH COUNTY FOR A SEWER LINE AT SPANISH RIVER HIGH SCHOOL LOCATED AT 5100 JOG ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS, a sewer line (the "Facility") was installed at Spanish River High School located at Jog Road; and WHEREAS, the City of Boca Raton has found it necessary to acquire a sewer line easement from the School Board of Palm Beach County ("Grantor") over certain property more particularly described in Exhibit "1" ("Property") for the Facility; and WHEREAS, the City has received a sewer line easement for the Facility (the "Easement Deed"); and WHEREAS, appropriate consideration has been provided to Grantor in exchange for the dedication of the Easement Deed; and 19 1

3 WHEREAS, the City of Boca Raton desires to approve and accept the Easement Deed and record it in the Public Records of Palm Beach County, Florida; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA RATON: 5 6 Section 1. The City Council hereby accepts the Easement Deed with such nonmaterial changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney and authorizes the Mayor and City Clerk to acknowledge the acceptance of the Easement Deed, a copy of which is attached hereto as Exhibit "1". The City Manager or designee is authorized and directed to record the executed Easement Deed in the Public Records of Palm Beach County, Florida. Section 2. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 3. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Boca Raton this day of, ATIEST: Susan S. Saxton, City Clerk CITY OF BOCA RATON, FLORIDA Scott Singer, Mayor 1\VV. ~ 2

4 COUNCIL VOTE MAYOR SCOTT SINGER DEPUTY MAYOR JEREMY RODGERS COUNCIL MEMBER MONICA MAYOTTE COUNCIL MEMBER ANDREA LEVINE O'ROURKE YES NO ABSTAINED 3

5 EXHIBIT "1", Page 1 of 7 Return to: This instrument prepared by: Blair LittleJohn, Esq. Schoof Board of Palm Beach County, Florida P.O. Box West Palm Beach, Florida SEWER LINE EASEMENT THIS SEWER LINE EASEMENT ("Easement") is made this _g_jv1 day of --:--:'-~:-""+-:-:-::-~-:--~'' 2018, by the Schoof Board of Palm Beach County, Florida, whose mailing address-i 661 Interstate Park Road North, Suite 200, Riviera Beach, Florida (hereinafter referred to as the "Grantor''), in favor of the City of Boca Raton, whose mailing address is -:2-ol 'W p\l+(tertb~ successors and assigns (hereinafter referred to as the "Grantee"). rt-p~~ ~'*~2.. ' WITNESSETH: For Ten Dollars ($10.00) and other good and valuable consideration in hand paid by the Grantee to the Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, bargains and conveys to the Grantee, a gravity sewer line easement in, over, across, on, under and through the real property located in Palm Beach County, Florida, described in Exhibit "A" attached hereto and incorporated herein by reference and hereinafter referred to as the "Easement Parcel". This Easement is given for the purpose of allowing Grantee to construct, operate and maintain a sewer line within the Easement Parcel (hereinafter "Sewer Improvements") and ingress, egress and access to carry out the purposes of this Easement. Grantee, for Grantee, its successors, and assigns, covenants with the Grantor and its successors and assigns, that Grantee, at all times after the effective date of this instrument, at its own cost and expense, will clean, repair and maintain the Sewer Improvements, and will keep them cleaned, repaired and maintained, in a proper, substantial and workmanlike manner, in a safe, clean and properly operating condition and in compliance with all applicable ordinances, codes, rules and regulations. The initial construction of the Sewer Improvements and all regular maintenance of the Sewer Improvements involving the Grantee's exercise of the easement rights herein granted shalf be coordinated with the Grantor's Chief of Facilities Management ("CFM") by providing written notice thirty (30) days prior to the start of the proposed construction or maintenance. Notice of any emergency maintenance involving the Grantee's exercise of the easement rights herein granted shalf be given to the CFM as soon as practicable. Grantee shalf ensure that the Easement Parcel is safe and secured at all times that work is being performed from the Easement Parcel and that such work is conducted in such a way as to avoid the risk of personal injury to the students, visitors, faculty and staff of Grantor. Grantee shalf ensure that, during and as a result of use by Grantee, Grantor's existing roadway, which is partially encumbered by the Easement Parcel, shalf remain open and passable by Grantor's pedestrians and vehicles, including school buses. 1

6 EXHIBIT "1", Page 2 of 7 Grantee's use of the Easement Parcel is at Grantee's sole risk. The Grantee recognizes its liability for certain tortious acts of its agents, officers, and employees, and agrees to be responsible for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, officers, or employees, to the extent and limits provided by law. The parties further acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section applicable to the parties, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. The Grantee shall indemnify and hold harmless, to the extent permitted by Florida Statutes Section , and without waiver of the monetary limits set forth therein, the Grantor against any actions, claims, or damages arising out of the negligent or wrongful act or omission of the Grantee, its employees, agents, and/or officers. The parties acknowledge that the foregoing shall not constitute an agreement by the Grantee to indemnify the Grantor for Grantor's negligence, nor a waiver of sovereign immunity, nor a waiver of any defense the Grantee may have under such statute, nor as consent to be sued by third parties. Without waiving the right of sovereign immunity as provided by Florida Statutes, Section , the Grantee also agrees and warrants to maintain comprehensive liability insurance coverage or self-insurance during the term of this Easement. Upon request of the Grantor, the Grantee also agrees to provide a certificate of insurance or self-insurance to the Grantor prior to the Grantee's use of the Easement Parcel. Grantee shall not assign any of its rights under this Easement to a third party that is not a state agency or subdivision as defined in Florida Statute Section ("Assignee"), without the prior written consent of Grantor and Grantor and Assignee entering into a separate written agreement providing for indemnification and insurance coverage to the satisfaction of Grantor. Grantee shall require its contractors and subcontractors to maintain and keep in full force and effect General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate, bodily injury and property damage liability coverage and Workers Compensation covering all employees in accordance with Chapter 440, Florida Statutes. The General Liability policy shall include coverage for the Operations on the Easement Parcel, Contractual Liability, Independent Contractors Contractual Liability, and Broad Form Property Damage Liability coverages. In addition, Grantee shall require its contractors and subcontractors to maintain Business Automobile Liability at a limit of liability not less than One Million Dollars ($1,000,000) Each Occurrence for all owned, non-owned and hired automobiles. In the event Grantee's contractors or subcontractors do not own any automobiles, they shall maintain Hired & Non-Owned Auto Liability in such amount. Coverage shall be provided on a primary basis. Except for Workers Compensation and Automobile Liability, all insurance policies shall name Grantor as an Additional Insured. Such Insurance shall be issued by an insurance company licensed to do business in the State of Florida and approved by Grantee and Grantor. A Certificate of Insurance evidencing such insurance coverage shall be provided to Grantor prior to the commencement of any work by Grantee's contractors and subcontractors pursuant to this Easement. Such Certificate shall require thirty (30) days prior notice of cancellation or adverse material change in coverage. In no event shall the limits of said insurance policies be considered as limiting the liability of Grantee's contractors and subcontractors under this Easement. Grantee hereby accepts the Easement Parcel in its "As Is", 2

7 EXHIBIT "1", Page 3 of 7 "Where Is" condition. Grantee acknowledges and agrees that that Grantor has not made any warranties or representations to Grantee regarding the Easement Parcel, including, but not limited to, any representations or warranties regarding the suitability of the Easement Parcel for use by Grantee. Grantor reserves the right to locate above ground and subsurface improvements, including but not limited to fences, irrigation lines, landscaping, light poles, utility lines, sidewalks, roadways, parkways and parking lots, within the Easement Parcel. Grantee acknowledges that the Easement Parcel may currently contain these improvements and hereby waives any right to object to the replacement or new installation of such improvements within the Easement Parcel. Grantee shall repair, replace, and/or restore, at its sole cost and to Grantor's reasonable satisfaction, any/all of Grantor's improvements on the Easement Parcel which are damaged as a result of any installation, construction, maintenance or repair by Grantee. In the event that damage to the Easement Parcel or Grantor's improvements is caused by the Grantee, its employees or agents, the Grantee shall promptly repair or replace the damaged property or reimburse the Grantor for the documented cost incurred by the Grantor in repairing or replacing the damaged improvements. Failure of Grantee to repair or replace any damaged improvements or reimburse the Grantor for the documented cost of repairing or replacing the damaged improvements within thirty (30) days of demand by Grantor, in addition to all other remedies available to Grantor, shall be grounds for termination ofthis Easement. Grantee hereby expressly agrees that in the event that Grantee abandons its use ofthe Easement Parcel for the purposes herein expressed, this Easement shall become null and void, and all right, title and interest in and to the Easement Parcel shall revert to the Grantor. 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. TO HAVE AND TO HOLD the same for proper use, benefit and behoof of the Grantee forever. 3

8 EXHIBIT "1", Page 4 of 7 IN WITNESS WHEREOF, this Drainage Easement has been executed by the Grantor whose hand and seal is affixed hereto, the date first above written. Witnesses as to both: ~ Sign Name emjjj-ft UJ;i2 ~ Print Name BEACH REVIEWED AND APPROVED AS TO LEGAL FORM SCHOOL BOARD SEAL School Board Attorney Witnesses as to both: CITY OF BOCA RATON Sign Name Print Name Sign Name Print Name BY, Mayor BY 'CityClerk Approval Date: REVIEWED AND APPROVED AS TO LEGAL FORM CITY SEAL City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing jl).ltrument was acknowledged before me this Qt.Jh day of -..L...: ' 20-a.- by Chuck Shaw as Chairman and Donald E. Fennoy II, Ed.D. as Supennte ent of the School Board of Palm Beach County, Flonda, who are personally known to 4

9 EXHIBIT "1", Page 5 of 7 me. '--lujlmtff' '&~ Notary PubJICj- B tn.at!.l(l. C\e/Z Print / } My Commission Expires: I ~d-(}{)d.o I I STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was ay of -::::--~:::----~ 20_ by and, as Mayor and City Clerk of the City of Boca Raton, on behalf of the City, who are personally known to me. Notary Public Print My Commission Expires: 5

10 EXHIBIT "1", Page 6 of 7. ' SKETCH AND DESCRIPTION OF A 12' UTILITY EASEMENT AT SPANISH RIVER HIGH SCHOOL NOTES: BEARINGS, SHOWN HEREON, ARE BASED ON GRID NORTH, WITH THE WEST UNE OF LAUREL POINTE IL PLAT BOOK 67, PAGES 70-73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A BEARING OF N01 03'49"W. IMPROVEMENTS, OTHER THAN SHOWN, WERE NOT LOCATED NO UNDERGROUND FOUNDATIONS WERE LOCATED. NOT ABSTRACTED FOR EASEMENTS OR RIGHTS-OF-WAY OF RECORD. SURVEY NOT VALID UNLESS EMBOSSED WITH CERTIFYING SURVEYOR'S SEAL. THIS HARD COPY IS THE OFFICIAL DEPICTION OF THE SURVEY AND WILL IN NO CIRCUMSTANCES. BE SUPPLANTED IN AUTHORITY BY ANY OTHER, OR DIGITAL FORM OF THIS SURVEY. SKETCH DOES NOT REPRESENT A FIELD SURVEY AS SUCH NOT VAUD UNLESS ACCOMPANIED BY ALL SHEETS. CERTIFICATION LOCATION MAP NOT TO SCALE I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY, IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE, AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, CHAPTER 5J , PURSUANT TO SECTION , FLORIDA STA'rUTES. SUBJECT TO QUAUFICATIONS NOTED HEREON. -~-~--==:-~-- CHRISTOPHER A. CORN FLORIDA REG. No LL, THIS SKETCH AND DESCRIPTION, OR COPIES THEREOF, IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE CERTIFYING FLORIDA UCENSED SURVEYOR AND MAPPER. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE REVISED 10/ 5/ 17 CHECKED BY: OCR PROJECT: LAUREL POINT DATE: SKETCHAND DESCRIPTION OFA City OfBoca Raton Mtmicipal Services Departme11t 12' UTILITYEASEMENT AT 201 -t Palmetto Por1c Rd. Boco Roton Florida SPANISH RIVER HIGH SCHOOL SHEET 1 OF SUR WG

11 I;:XHIBIT "1", Page 7 of 7 SKETCH & DESCRIPTION OF A 12' UTILITY EASEMENT AT SPANISH RIVER HIGH SCHOOL POINT OF BEGINNING N SPANISH RIVER HIGH SCHOOL (WEST THREE-QUARTERS OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 47 SOUTH, RANGE 42 EAST, LESS RIGHT OF WAY FOR POWERLINE ROAD) POINT OF TERMINUS J 6' 6' I I I I I N89.35'42"W 30.25' TRACT 'G' ARVIDA COUNTRY CLUB PLAT FIVE OF UNIVERSITY PARK P.U.D. PLAT BOOK 66, PGS POINT OF COMMENCEMENT _ SOUTHWEST CORNER OF LAUREL POINTE II, ALSO BEING THE SOUTHEAST CORNER OF SPANISH RIVER HIGH SCHOOL LOCATION MAP NOT TO SCALE A 12 FOOT STRIP OF LAND LYING IN A PORTION OF THE WEST THREE-QUARTERS OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 47 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA (ALSO KNOWN AS SPANISH RIVER HIGH SCHOOL). LYING 6 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTHWEST CORNER OF LAUREL POINTE II, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGES 70-73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 01.03'49" WEST, ALONG THE WEST BOUNDARY OF SAID LAUREL POINTE II, AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 62.24'36" WEST, A DISTANCE OF FEET; THENCE SOUTH 00.26'01" WEST, A DISTANCE OF FEET; THENCE NORTH 89.35'42" WEST, A DISTANCE OF FEET TO THE POINT OF TERMINUS. THE SIDE LINES OF THIS EASEMENT TO BE LENGTHENED OR SHORTENED TO FORM A CONTINUOUS EASEMENT. CONTAINING SQUARE FEET MORE OR LESS. NOT VALID UNLESS ACCOMPANIED BY ALL SHEETS REVISED 10/ 5/ 17 NOT TO SCALE DRAWN BY: C.A.C. CHECKED BY: OCR PROJECT: LAUREL POINT DATE: SKETCHAND DESCRIPTION OFA City OfBoca Raton Municipal Services Department 12' UTILITYEASEMENT AT 201 -t Palmetto Pori< Rd. Boca Roten Florida SPANISHRIVER HIGH SCHOOL SHEET 2 OF SUR771-1.DWG