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R93-56RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE 5~YOR AND CITY CLERK TO EXECUTE A FIRST ADDENDUM TO AGREEMENT FOR WATER SERVICE FOR JAMAICA BAY, INC..: SAiD ADDENDUM BEING ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida and Jamaica Bay, Inc., entered into an Agreement for Water Service Outside of the City Limits on September 2, 1992; and WHEREAS, Section 723.046 Florida Statutes requires the City and other municipalities to amortize a portion of the capital facilities charges over a period of not less than eight (8) years; and WHEREAS~ Jamaica Bay has requested amortization of the capital facilities charges as required by Section 723.046, F.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISMION OF TF~E CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute a Flrst Addendum to Agreement for Water Service for Jamaica Bay, Inc., which Addendum is attached hereto as Exhibit "A". Section 2. upon passage° This Resolution shall take effect immediately PASSED AND ADOPTED this ~ day of April, 1993. Commissioner ATTEST: Ciffy Clerk -- Authsig.WP5 WSer.Add - Jama±ca 4/2/93 Bay 1st Addendum to Agreement for Water Service dated September 2, 1992 Providing for Amortization of Potable Water Capital Facilities Charges THIS AGREEMENT, made and entered into this ~ day of /~/~ , 1993, by and between the CITY OF BOYNTON BEACH, a municipality of the State of Florida, hereinafter called and referred to as the "CITY", and JAMAICA BAY, INC., a mobile home cooperative community, "JAMAICA BAY." WHEREAS, the CITY hereinafter called and referred to as WITNESSETH AND JAMAICA BAY have previously ensered BAY to pay the CITY service is provided, ordinances, and into an Agreement for Water Service Outside of the City Limits, dated September 2, 1992, and WHEREAS, said agreement for Water Service required JAMAICA Capital Facilities Charges at the time water in accordance with existing City codes and WHEREAS, Sec%ion 723.046 Florida Statutes and other municipalities to amortize a portion of facilities charges over a period of not less than years, and requires the CITY the capital eight (8) WHEREAS, capital facilities charges as NOW, THEREFORE, THE CITY INC. agree as follows: JAMAICA BAY has requested amortization of the required by Section 723.046 F.S. OF BOYNTON BEACH AND JAMAICA BAY, Page 2 JAMAICA BAY agrees to pay the CITY a partial capital facilities charge of two-hundred (200) dollars per mobile home site prior to connecting those portions of the mobile home park currently served by the on-site water treatment system, to the CITY'S potable water system. JAMAICA BAY also agrees to pay to the CITY appropriate deposits, as stipulated by CITY code, prior to connection to the CITY's potable water system. The balance of the water capital facilities charge shall be amortized over a period of 8 years at an annual percentage rate of eight and one half (8.5) percent. The m~nthly payment by JAMAICA BAY to the CITY payment for 511 mobile home sites will therefore be $6,185.05 per month for 96 consecutive months beginning with the initial billing cycle after connection. The monthly payment of $6,185o05 shall be due and payable from JAMAICA BAY together with the monthly payment for water usage as billed by the CITY. JAMAICA BAY hereby agrees to pay all rates for water usage in connection with water service outside of the CITY limits as applicable under CITY ordinance and rate schedules which are now in effect or as may be changed from time to time. Page 3 The CITY and JAMAICA BAY hereby agree that this ,First Addendum to the Agreement for Water Services" supersedes only item No. 5 of the Agreement for Water Service Outside the City Limits dated September 2, 1992, without modifying any other part of said Agreement for Water Services. IN WITNESS WHEREOF, the parties hereto have and seals this day of set their hands · 1993. WITNESS: JAMAICA BAY INC President FOR INDIVIDUAL(S) NOTARIZATION: STATE OF Florida ) COUNTY OF Palm Beach ) Secretary 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 , to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1993. (Notary Seal Notary Public Page 4 WITNESS: CITY OF ~OYNTON BEACH, /~yor FL ATTEST :~-~Z~-~ ~ ~~ (/ City Clerk (corp. seal) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) 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 M~ayo~r and ~, ~u~o~ , City Clerk well known to~e to be the 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 last aforesaid this and official seal in the County and State /E day of ~']. 199~. (Notary seal) Approved..~;/tQ form: Notary Public My Commission Expires: