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R92-115RESOLUTION NO. R92-//~- A RESOLUTION OF THE CIT~ COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECL~E A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND STANLEY LEVY AND BARBARA LEVY, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this matter has appropriately been reviewed by 2ity Staff and staff has recommended approval of the water ~ervice agreement at the present time; and WHERetO, the City Commission of the City of Boynton Beach deems it to be in the best interest of the residents Df the City to execute said Water Service Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDATHAT: Section 1. The Mayor and City Clerk are hereby Luthorized and directed to execute a certain Water Service ~greement between the City of Boynton Beach, Florida and itanley Levy and Barbara Levy, said Agreement being attached ~ereto as Exhibit "A". Section 2. This Resolution shall take mmediately upon passage. PASSED AND ADOPTED this ~/ day of July, 1992. effect CITY OF BOYNTON BEACH, FLORIDA ~TTEST: Vice Mayor Commissioner CJ~n~er Commi s s loner/ I~ity~cierk ' -.~ (Oorporate Seal ) LEV-Y zAGR 7/!OV92 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS This agreement ~ade~on this } day of by and between .~'~ '~ ?~ ,, ,, /~ . ~ /~?, J~-~/ , hereinafter called the Customer , and the Cl(y of BoyntOn B~ach~ a municipal cor- poration of the State of Florida, hereinafter called the "CITY". WITNESSETH, that the Customer, his heirs and assigns, for and in con- sideration 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 from its Municipal WaterSystem only as necessary to service the project described in the Application for Water Service Submitted by CUstomer. The Customer has specified Ghat there will be ~ Equivalent Residentia ConnectiOns and the City hereby agrees to serve those ~ Equivalent Residential Connections. 2. The Customer agrees to pay all costs of engineering, material, labor, installation a~d inspection of the facilities as required by the CftyCode to provide service to the Customer's premises. The Customer shall be responsible for installation and conformance with all appl)cable codes, rules and regulations of all service lines upon the Customer s prem ises and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the Qptionof either requiring the Customer to perform the necessary work or t~ City may have the work performed in which case the Customer will pay in adv~hce all esti~ated costs thereof. In the event the City has such wo'r~ performed, the Customer will also advance such additional funds as may be n~cessary to pay ~he total actual costs. 3. Any main extension made under the Agreement shall be used only for the Customer, ~less 'permiSs~on is granted by the City of Boynton Beach !or other party or Parties to'cohnect pursuant to the Code of Boynton Beach 4. Title tc all malns,=extenstons and other facilities extended from the City Ware6 ~istribution 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 service and equ~IPmant in connection with water service outside the City limits appllca~ble under City iO~dinances and rate.schedules which are now apPlicable or eSl may be chan~ed 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 t~ansferees, grantees, heirs, successors and assigns, that all water to be ~urnished, supplied, and sold under this Agreement is made available from:surplus. If the surplus does not exist at the time of Customer's actu=~ request for commencement of service, as determined by the City's Dtrecto~of Utilities, ~hen 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 any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be considered a petitionary 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 hereof. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferees, grantees, heirs or assigns of-Customer shall be bound by this Annexation Agreement. 5/26/89 site plan "Exhibit B" has be~n reviewed bv the City n~ n~,,.~..~.~ =~_ 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 pro- vided under this Agreement due to any prohibitions, restrictions, limita- tions 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 term- ination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of City Commission, Officers, employees and agents (both in their individual and official capac ities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgement collection) and costs rising out of or resulting from the Customer's oblioation under .......... this Agreement ~ v. ~..u[n)~nce pursuant to 12. It is understood by Customer and by the City that the attached site plan "Exhibit B" has been reviewed 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 if a 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 bind- ing on any of 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. IN WITNESS WHEREOF, the~rties hereto have set their hands and seals this / day of -Y ~ /~'~-- , 19~'~2. As to-~tion (Customer) FOR CORPORATION NOTORIZATION: STATE OF COUNTY OF /~v ~-~o~ ) (Corporate Seal) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take ackn~ledgements, j~ersonally appeared ~7-~A/?~x~/~ and /-~ ~-~--~ well known to me ~o be the~resident and Secretary respecti~ely~of the corporation 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 corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and o(~icial seal in the County and State last afore- said this / day of~_~..~ , 19~. .. Notany Public' My Commission Expires: .......................................... 5/26/8~ l WITNESS: CITY OF BOYNTON BEACH, FL Mayor A_s/to City of Boynton Beach ATTE~ STATE OF FLORIDA COUNTY OF PALM BEACH ) '. I HEREBY CERTIFY that on this day, before me an authorized in the State aforesaid and in the County aforesaid to take acknowledgem~ents, personally appeared 6~ ~5.M~.JF~ , Mayor and J~~- ~ , City Clerk well known to me ~o be the Mayor arid City Clerk respectively of the City named in the foregoing agreement and that they severally acknowledged executing the 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 said this 23 day of in the County and State last afore- Seal) Notary Public Approved as to form: ssi on Expires: MY COUMI$$~ON # 0¢ 185833 EXPIRES C~o-?}~,,/. CYity Attorney Legal Description Approved: OD~II~/ ~_xJJ~r~F/~city Engineer 5/26/89 0 RAMCO FoeM e "EXHIBIT ~p~y, io ~ N. ~ ~d ~ C. ~, ~s Wife, mAo~,p~o~i~.~.~s m 5920 FOist Grove ~ive, ~t~ ~a~ Flori~ 35437 the sa~ ~e~.~E ~c~2on a~ ~=~, ~o~[da, [ess ~ ~s oE ~. ~ Of tAe ae~Z ]i~t pm'ly, either in ~u~ or eqmgy. Io IA, on~ propm' use. ~neIIt ~d ~:~1 O[ I~e ~ RECORD VERIFIED ~At~ ~aca cou.;Y, Fu~ ~ . ......... ~c~,..]i..~%.._.:___.~ ~0BN B. DUN~ ....... ' , -' C~UE~ ~F~O . C~K CIRCUIT COURT ~ ~ ~ ~ ~ ~ 14~ p~p~ ~4 '",J - tI