R08-148
II
1 RESOLUTION NO. R08- ,&.Ia
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 BOYNTON BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE MAYOR TO EXECUTE AN
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH, THE CITY OF LAKE WORTH AND
9 HYPOLUXO SHOPPES, INC., REGARDING THE
10 PROVISION OF SEWER SERVICE TO PARCELS OF
11 LAND PUTSIDE OF THE CITY OF BOYNTON BEACH
12 UTILITIES SERVICE AREA; AND PROVIDING AN
13 EFFECTIVE DATE.
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16 WHEREAS, property owned by Hypoluxo Shoppes, Inc., is located within the City of
17 Lake Worth's utility service area; and
18 WHEREAS, the City of Lake Worth owns and maintains a potable water distribution
19 system in that area, but does not have any sewer transmission facilities within a reasonable
20 distance of the subject property; and
21 WHEREAS, the proposed development of the Hypoluxo Shoppes property requires
22 sewer transmission facilities and the City of Boynton beach is willing to provide provisional
23 service to this site until such time as the City of Lake Worth Constructs its own sewer system
24 ion the vicinity; and
25 WHEREAS, the City Commission of the City of Boynton Beach, upon
26 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
27 City of Boynton Beach to approve the Agreement between the City of Boynton Beach, the
28 City of Lake Worth and Hypoluxo Shoppes, Inc.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreement5\Interlocals.ILA with Lake Worth (Hypoluxo Shoppes).doc
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1 Section 1. Each Whereas clause set forth above is true and correct and
2 incorporated herein by this reference.
3 Section 2. The City Commission of the City of Boynton Beach, Florida does
4 hereby approve and authorize the Mayor to execute an Agreement between the City of
5 Boynton Beach, the City of Lake Worth and Hypoluxo Shoppes, Inc., for the provision of
6 sewer service to parcels of land outside the City of Boynton Beach utilities service area, a
7 copy of said Agreement is attached hereto as Exhibit "A".
8 Section 3. That this Resolution shall become effective immediately upon passage.
9 PASSED AND ADOPTED this ~ day of December, 2008.
10 CITY OF BOYNTON BEACH, FLORIDA
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20 commisJoner - Ronald Weil~
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26 Commissioner - Marlene Ross
27 ATTEST:
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terlocals.ILA with Lake Worth (Hypoluxo Shoppes).doc
WHEREAS, Shoppes has agreed to pay the cost of extensions and improvements, as
shown in Exhibit "B", attached hereto and incorporated herein, to Boynton Beach's sanitary
sewer system to service its respective properties and to pay connection and service charges as
provided by Boynton Beach Code or regulation.
WHEREAS, Shoppes shall contract only with Lake Worth for all potable water service.
NOW, THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
1. The foregoing whereas clauses are true and correct and represent material
provisions of this Agreement.
2. Lake Worth agrees that Boynton Beach shall provide sanitary sewer lines and
service to the real property described in Exhibit "A".
3. Boynton Beach agrees to maintain sanitary sewer lines to The Properties.
4. Boynton Beach agrees to provide treatment of wastewater discharged from The
Properties.
5. The cost to Shoppes for increasing the capacity of Boynton Beach's sewer
transmission system, so as to accommodate the additional flow from Shoppes, shall not exceed
$10,000, due and payable at the time of permitting plan submittal to the City. All other costs
associated with extending the sewer system to Shoppes' respective properties shall be borne by
Shoppes.
6. Shoppes agrees to pay all connection charges imposed by Boynton Beach as set
forth in Chapter 26 of the Boynton Beach Code of Ordinances. Following connection to the
Boynton Beach sanitary sewer system, end users shall pay commercial waste water rates for
properties outside the City of Boynton Beach, include the applicable surcharge for service
outside Boynton Beach's jurisdictional boundaries.
7. In addition to other provisions contained herein, this Agreement constitutes an
Interlocal Agreement between the City of Boynton Beach and the City of Lake Worth for
cooperation and service boundaries for wastewater treatment entered into pursuant to The Florida
Interlocal Cooperation Act of 1969 and Section 171.203, Florida Statutes.
8. Such provisional hook-up shall continue only until such lcime as Lake Worth has
provided for the installation and makes available its own sanitary sewer lines to this location, at
which time Shoppes shall disconnect from Boynton Beach's sewer facilities and connect to Lake
Worth's sewer facilities.
9. Upon disconnection from Boynton Beach's sewer facilities and connection to
Lake Worth's sewer facilities, Shoppes shall pay all outstanding charges due to Boynton Beach
and convey, without further consideration, by absolute Bill of Sale, whatever portion of said
Page 2 of 6
facilities Lake Worth desires to have at that time, together with necessary easements for repair
and maintenance, and shall further pay to Lake Worth the regular sanitary sewer service charges
imposed by Lake Worth, as same may be changed or modified from time to time.
10. Nothing herein is intended to advance or support any annexation effort by either
Boynton Beach or Lake Worth with respect to The Properties.
11. Lake Worth agrees to provide to Boynton Beach the water meter readings
representing water usage by The Properties within three (3) business days of reading the meter,
on a monthly basis. Boynton Beach will utilize the potable water consumption as a basis for
wastewater billing.
12. Boynton Beach shall make no attempt to expand its sewer service area(s) by
virtue of said provisional connection, nor make any claim of right adverse to that of Lake Worth
by virtue of said provisional hook-up.
13. Shoppes shall not sell, lease or give any right or privilege to utilize its sanitary
sewer facilities to any other person whose property is outside that described herein nor allow any
such connection, without the written agreement of Lake Worth and Boynton Beach.
14. This agreement shall take effect upon execution by all parties.
15. In the event a court of competent jurisdiction hereof holds any section, paragraph,
sentence, clause, or provision to be invalid, such holding shall not affect the remaining portions
of this Agreement, and the same shall remain in full force and effect.
16. This Agreement represents the entire understanding between the parties,
concerning the subject, and supersedes all other negotiations, representations, or agreements,
either written or oral, relating to this Agreement.
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
ATTEST: '.;~;; CITY OF LAKE WORTH, a Florida Municipal
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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Larry A. K s
City Attorney
CITY OF BOYNTON BEACH, a Florida
Municipal Corporatio
ATTEST:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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James A. Cherof
City Attorney
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By:
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Witness ~\~~ L\~;~
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Exhibit" A"
Shoppes owns the following described real property in unincorporated Palm Beach
County: PCN Number: 00-43-45-04-00-000-7380, S 1/2 OF SW 1/4 OF SW 1/4 OF SW
1/4 L YO E OF HIGH RIDGE RD & N OF HYPOLUXO RD (LESS E 100 FT OF S 200;
and PCN Number: 00-43-45-04-00-000-7440, E 100 IT OF S 200 FT OF S 1/2 OF SW
1/4 OF SW 1/4 OF SW 1/4 L YO N OF RJW OF HYPOLUXO RD (LESS 1-95 R/W);
and
Page 5 of 6
Exhibit "B"
Description of Improvements and Extensions
. Private on-site lift station
. Private on-site force main
. Force main in public right of way, crossing Hypoluxo Road
. Connection to City's sewer system at manhole
. Any roadway or surface restoration
. Engineering, permitting, testing, etc. required for the above work
Page 6 of 6
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fJ.us
www.boynton-beach.org
MEMORANDUM
TO: Barb Conboy
Utilities Manager
FROM: Janet M. Prainito
City Clerk
DATE: December 23, 2008
SUBJECT: R08-148 - Agreement between the City of Boynton Beach and
Lake Worth to obtain provisional sewer service from Boynton
Beach's sanitary sewer facilities.
Attached for your handling are two (2) partially executed agreements mentioned above
and a copy of the Resolution. Once the document has been fully executed, please
return the original document to the City Clerk's Office for Central File.
Thank you.
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Attachments (3)
C: Central File
s:\CC\WP\AmR COMMISSION\Departmental Transmittals\2008\Carol Doppler R08-130.doc
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