R96-002RESOLUTION NO. R96-~,~?
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF A WATER SERVICE AGREEMENT
WITH JACNEU CORP., A/K/A BOYNTON MEDICAL
CENTER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, JACNEU, Corp., owns real property outside of the jurisdictional
limits of the City and has requested connection to the City's municipal water system;
and
WHEREAS, the City has sufficient capacity to provide water services to
the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize the Mayor and City Clerk to execute the Agreement
a copy of which is
for Water Service Outside the City Limits with JACNEU CORP.,
attached hereto as Exhibit "A".
passage.
This Resolution shall become effective immediately upon
PASSED AND ADOPTED this ~ day of
,1996.
CITY OF BOYNTON BEACL-I, FLORIDA
Vice Mayor ~
Mayor Pro Tem
~C°mm?,,'~Oner~ /~? ~ -~
C~-'~issio~e~
ATTEST:
Cit~Clerk
jacneu. Res
· 6/2/95
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
This agreemen~ made on this
, 19__.q) _ by and between .T,~ c~4~zc{ co~p. l~.. ''t~ day of /l £c
. , hereinafter called
the"CUSTOMER,,, tad the City of Boynton Beach, municipal corporation oft-he State of Florida,
hereinafter called tee "CITY". a
WITNESSETH, that the customer, his heirs and assigns, for and in consideration of
the privilege of receiving water service from the Municipal Water System agrees to the following:
1. The City agrees to provide customer with water services fi.om its Municipal Water System
only as necessary to service the project described in the Application for Water Service submitted by
Customer. The Customer has specified that there will 'be ~ 2t
Residential connections and the city hereby agrees to serve those ~/f " Equivalent
Residential Connectibns. , ~ Equivalent
2. The customer agrees to pay all costs of engineering, material, labor, installation and
inspection of the facilities as required by the City Code to provide service to the customer's premises.
The customer shall be responsible for installation and conformance with all applicable codes, rules
and regulations of al/service lines upon the customer's premises and ali such lines shall first be
approved by the Director of Utilities and subject to inspection by City Engineers. The city shall have
the option of either requiring the customer to perform the necessary work or the city may have the
work performed in which case the customer will pay in advance all estimated costs thereof. In the
event the city has such work performed, the customer will also advance such additional funds as may
be necessary to pay the total actual costs.
3. Any main extension made under the agreement shall be used only for the customer, unless
permission is granted by the City of Boynton Beach for other party or parties to connect pursuant to
the Code of Boynton Beach.
4.. Title to all mains, extensions and other facilities extended from the City Water Distribution
System to and including the metered service to customer shall be vested in the city exclusively.
5. The customer agrees to pay all charges, deposits, and rates for servi ce and equipment in
connection with water service outside the city limits applicable under city ordinances and rate
schedules which are now applicable or as may be changed from time to time.
6. Any rights-of-way or easements in this area shall be provided by the customer.
7. It is understood by the customer, and shall be binding upon the customer, his transferees,
grantees, heirs, successors and assigns, that all water to be furnished, supplied, and sold under this
agreement is made available from surplus. If the surplus does not exist at the time of customer's
actual request for commencement of service, as determined by the city'S Director Of Utilities, then this
city, without liability, may refuse to initiate service to the subject premises.
8. The customer further agrees in consideration of the privilege of receiving water service
from said City, that the execution of this Agreement is considered to be a voluntary Petition for
Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment
thereto Furthermore, should ""-~""" c*~'"" ..... ls,.ar.r,~i~'~-~ -' law, s-.iJ~cia~- '" ac'/or locai law be enacted which
provides for voluntary or consensual annexation, this Agreement shall also be considered a
petitiona:), request for annexation under such other laws. The premises shall be subject to
annexation at the option of the City at any time they are eligible under any one or more of the
above referenced laws concerning annexation. Customer will inform any and all purchasers of any
or part of this property of this voluntary petition for annexation and its applicabilities to such
purchasers.
9. The customer acknowledges that this covenant for annexation is intended to be and is
hereby made a covenant running with the land described in "Exhibit A", attached hereto and made
a part thereof.. This Agreement is to be recorded in the Public Records of Palm Beach County,
shallFl°rida'be boundand thebyCUStomerthis Annexationand al/subsequentAgreement.transferees, grantees, heirs or assigns of customer
10. It is agreed that the city shall have no liability in the event' there is a reduction,
impairment or termination in water service to be provided under this agreement due to any
prohibitions, restrictions, limitations or requirements of local, regional, state or federal agencies or
other agencies having jurisdiction over such matters. Also the city shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God,
accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances
beyond tho city's reasonable control.
~.. ,.~ . · ~.~,u and ,.~,~ ~ ,a k~.,.~ss the City.of
Beynton Beach; Flcrida, ~.a Me~r, raem~ers 'ag'City "- · · · m
~u~K~fisSiOn, omcers, empioyees and agents
(both in their individual and official capacities) from and against all c~ims, damages, lawsuits, and
expenses including reasonable attorneys"fees (whether or not incurred on appeal or in connection
with post judgement collection) and dosts rising out of'or resulting ~om the Customer's obligation
under or performance, pursuant to this agreement.
12. It is understood by customer and by the city that the attached site plan "Exhibit B" has
been rev/ewed by the City of Boynton Beach for compatibility with the City's comprehensive plan
as it relates to land use and density, found to be generally acceptable to the City and is to be the
guide for development of this subject land. In the event that the site plan is not approved, there
shall be no commitment on the part of the City to serve customer ifa subsequent site plan results
in a change in land use, density or an increase in equivalent residential connections.
13. No prior or present agreements or representations shall be binding on any &the
parties hereto unless incorporated in this Agreement. No modifications or change in this
Agreement shall be valid upon the parties unless in writing executed by the parties to be bound
thereby.
II~k,,WITNESs WHEREOF the r~a~:ies hereto hax. e set their hvnd.~ and ,~.~,i~ ~h;_q /2
day of_..t~ ( ~ ~, ,.~ '~C~ ,. '-, 1 ~ ~' .f"' ' .........
(Corporate Seal)
CORPORATION AS OWNER:
/ .... '"~-..___~/ ( I //
President
SeCretary
As to
FOR CORPORATION NOTARIZATION
STATE OF )
COUNTY OF )
I ,I-~,REBY CERTIFY that on this da , before m Y ized in the Sta e afor said
;~ ,-th~ Cou,,~ 9tr~[esala to ta~e ac~nowledge~:n~s?ffipeC:;odn~liy :;~he~;ed "~1 q, ~e
.... ~--~-" ~ ....... well known to me to b . -- ~ ,
respectively of the co~omtion n----5'5 -- - - . ... e the PresMent and Secreta~ '
-v .m=u in me mrego~ng,agreement ~d that they severally '
acknowledge executing the same in the presence of two subscribin with '
under authoriW dui vested in h .... :a ........ . :. ~ ?sses freely and voluntarily
Y them ~j ~a,u ~mporauon aha taat the seal affixed thereto is the tree
corporate seal of said corporation.
WITNESS:
CITY OF BOYNTON BEACH, FL
Mayor
As to the City of?zya'~on Beach
ATTEST
City Clerk
,,.,o.m..
I HEREBY'CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared
, Mayor and..
, City Clerk well known to me to be the Mayor and City Clerk respectively
of the City named in the foregoing agreement and that they severally acknowledged executing
the same in the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in them by said city and that the city seal affixed thereto is the true corporate seal of said
city.
WITNESS my hand and official seal in the County and State last aforesaid this
, 19.,
(Notary Seal)
ApTroved as te
Notary Public
My Commission Expires:
City Attorney
Legal Description Approved:
City Engineer