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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 • 0 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 1 • 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". • 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 2 • 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. • • 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 • 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. • 1 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 • SEACOAST UTILITY AUTHORITY Ga~L ~n~~sar,, ~V ce C'It~~r Attest: Mary nn tiles, Authority Clerk 11