Res 43-74 RESOLUTION NO. 43-74.
A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF
DELRAY BEACH, FLORIDA, PERTAINING TO AN AGREEMENT
FOR A TEMPORARY USE PERMIT FOR A 'ROAD OVER CERTAIN
LANDS FOR ACCESS TO THE TRANSFER PLANT.
WHEREAS, the City, as a result of the Florida East Coast Railway
closing the road to the Transfer Plant, needs a temporary road to the
Transfer Plant until a permanent road can be installed; and,
WHEREAS, an agreement was made with ROBERT M. KINKEAD, as
Trustee for Richard G. Manthey, Robert M..Kinkead and Mary G. Manthey,
for the use of his land by the City for a temporary road at no cost
to the City; and,
WHEREAS, the property has since been sold and the owners have
consented to the use of the land by the City for a temporary road at
no cost to the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That the city Manager and the City Clerk are authOrized to enter
into an agreement with JOHN H. PAYAIE, as Trustee, for the use of said
land as set forth in the attached agreement, and be it further resolved
that there be expressed to JOHN H. PAYA/E, as Trustee, the appreciation
of the City Council for his cooperation in this matter.
PASSED AND ADOPTED in regular session on the 22nd day of July,
1974.
MAYOR
ATTEST:
city Clerk
AGREEMENT
WHEREAS, JOHN H. PAYNE, Attorney, is the Trustee of land in
Palm Beach County, Florida, more particularly described below, and
the CITY OF DELRAY BEACH, a municipal corporation of the State of
Florida, needs a temporary road across said land; and,
WHEREAS, JOHN H. PAYNE, TrusteD, and said city have agreed
upon a temporary use permit for a road across said land of JOHN H.
PAYNE, Trustee, in favor of said city,
NOW, THEREFORE, be it agreed between JOHN H. PAY1VE, Trustee,
and said City this day of July, 1974:
1. JOHN H. PAYNE, Trustee, in consideration of the agreement
hereinafter made by said City, gives to said City a temporary use
permit for a road over the land of JOHN H. PAYlqE, Trustee, in Palm
Beach County, Florida, more particularly described as follows:
The South 287 feet of the North 340 feet of Northeast
Q .... ~e~ of Northeast Quarter, lying W~st of ~ ~ C. R~,.
right-of-way, less the West 475 feet, Section 29,
Township 46 South, Range 43 East, Public Records of
Palm Beach County, Florida.
2. The temporary use permit for a road over said land of JOHN
H. PAYNE, Trustee, is for the use and benefit of said City.
3. JOHN H. PAYNE, Trustee, can terminate this Agreement by
giving the City thirty (30) days notice. Such notice shall be in
writing directed to the City Manager of the City. The 30 days shall
commence upon receipt of said notice by the City Manager.
4. city agrees to indemnify, save and keep harmless JOHN H.
PAYNE, Trustee, his agents, employees, successors and assigns from all
liability, lien, judgment, cost, damage and expense of whatsoever kind
and nature which may in any way be suffered by JOHN H. PAYNE, Trustee,
or his agents, employees, successors or assigns by reason of, or in
consequence of the operation of said temporary use permit for a road
by city or for, or on account of any act or thing done or suffered,
AGREEMENT: JOHN H. PAYNE and CITY OF DELRAY BEACH
or omitted to be done, under the grant of this temporary use permit
for a road by City.
5. This agreement shall inure to and bind the heirs, executors,
administrators, successors and assigns of the parties.
IN WITNESS WHEREOF, the parties set their hands and seal.
CITY OF DELRAY BEACH
Attest:
B~
City Clerk City Manager
WITNESSES:
John H. Payne, As Trustee
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Before me personally appeared J. ELDON MARIOTT and ELIZABETH
ARNAU, to me known, and known to me to be the individuals described
in and who executed the foregoing instrument as City Manager and
City Clerk of the above named CITY OF DELRAY BEACH, a municipality,
and severally acknowledged to and before me that they executed such
instrument as such City Manager and City Clerk, respectively, of said
municipality, and that the seal affixed to the foregoing instrument
is the municipal seal of said municipality and that it was affixed to
said instrument by due and regular municipal authority, and that said
instrument is the free act and deed of said municipality.
WITNESS my hand and official seal, this day of July, 1974.
Notary Public, State of Florida at Large
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Before me personally appeared JOHN H. PA~/E, as Trustee, to me
well known and known to me to be the person described in and who exe-
cuted the foregoing instrument for the purposes therein expressed.
WITNESS my hand and official seal, this day of July, 1974.
Notary Public, State of Florida at Large
My Commission Expires:
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