R92-12RESOLUTION NO. R92-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND MAR/JAME LTD.; A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, this matter has appropriately been reviewed by
City Staff and staff has recommended approval of the water
service agreement at the present time; and
WHEREAS, the City Commission of 'the City of Boynton
Beach deems it to be in the best interest of the residents
of the City to execute said Water Service Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section I. The Mayor and City Clerk are hereby
authorized and directed to execute a certain Water Service
Agreement between the City of Boynton Beach, Florida and
Mar/Jame, Ltd., said Agreement being attached hereto as
Exhibit "A".
Section 2. This
immediately upon passage.
PASSED AND ADOPTED this
Resolution shall take effect
day of January, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Vice~ Mayor ~
ATTEST:
'Ci~ Clerk
(C~rpor~ Sea~)
Ma~/J~me. A-gr
1~/I~/92 -
AGREEMEN~FOE:WA~ERSERVIC£ OUTSIDE THE CITY LIMITS
,This agreement, made_onthis Z~day of x~d_ , 19
by and between ~/~ ~- -~ ~ ~- -~--~
cammea she ~ustomer", a~d. the C~ty of Boynton Beach, a m~n~ci~al
pormtiom~[hm~S~m~ F,i~rrtda', hereinafter called the C~T~Y ~..-
WITNESSETH. thai the Customer, his heirs and assigns, for and in con-
1. ' services from its
l'h *lbed
Equivalent Residential s.
ali costs of engineering, material,
feclltttes as required by the
)licable
I service lines upon the CUstomer's prem-
the Director of
~eers. The City shall
Wil]sluCh In the event the City has
as Itlonal funds
3. der the shall be used only for
the
other partyor Code of Boynton Beach .
4. Tittle, to,-MLm~tns...~ ex~enstons and other Saclilt4es~ ex~en~ed~f.r~om
the City Water Distribution System to and Including the metered servlce to
Customer Shall be vested in the City exclusively.
5. The Customer agrees to pay all charges, deposits, and rates for
service 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.
~.. Any~, rtghts~o(-wey or e~sements In~th~s a~e~ LhM1 ~e prowl~ed b)
the Customer.
7. It is understood by the Customer. and shall be binding upon the
Customer, trt~,,br~Jts~eree~, granbe~, hefts, s~cce~sors,,and~a~tgn~;.tha~:
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 ~remises.
8. The-Customer further agrees in consideration of the privilege of
rece~ing weber:service from s~id City, that the execution, of this
Agreement is considered to be avoluntary Petition for Annexation
to Section 171.044 of the Florida Statutes orany 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 suc~:o~he~-l~ws..; The, ~emis~sha~l~be'~ub~ec~,t~ armex~t~ a~ the
option of the City at any time they are eligible under any one or more of
theabove referenced laws concerning annexation. Customer will inform any
and all purchasers of any or part of this property of this voluntary
~etltion, fo~.an~ex~o~-and~i~, app'Itcabt-l~t~tte~ ~o s~,ch~ p'~rchasers.
9. The Customer acknowledges that this covenant for annexation is
intende~ t~o'beand is' hereby made a covenant running with the' land
described in "Exhibit A", aitached hereto and made a part hereof. This
Agreement ~s 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/Z6/89 ,
10. I.t is agreed that the City shall have no liability in the ev£nt
there.l~s a reducti, om, ,~'mpa.irment or termination in water service to be pro-
vided under this Agreement due-to any prohibitions, restric~cion~.- limita--
irons or requirements of local, regional, State o~Federal agencies or
other agencies ha, wing j'urts'diction over such matter~. Also the Cfty shall
have no liability in the :event there is a reduction, impa.irment or term-
inaL,t~ of wa~ter s,erv:~ca d~ .to ~ct~ oJf..,rGod~.~Lc~ldei~ti~g~t~lj~e.&, boy, c. ott~¥
blackouts, fire, earthquakes, other casualties or other circumstances
beyond the City's reasonable control.
the City of Boynto~ Beech
Of
h~rmTes~
ity Commission,
an~ officia¥capa
and expenses -
on appeal or
this
pursuant to
12. It is understood
lbtt B" has
guide for~eve
plan is nqt aPProved there shal
to serve~ Customer if a
use..~n~tty or .an~increase
that the attached
ty of Boynton Beach for
~s it rslates~te ~;and use
the site
City
in land
13. No prior or
lng' on any of ,the
mod~fications or change
unless in writing execut
.shall be bind-
reement. No
the parties
IN WITNESS WHEREOF,
this /~ day o~-
hereto have set the~ir hands and seals
WITNESS:
LZMITED P~J~CIiEASBZP AS OWNER:
As to .Limited P.artnership
GENERAL PARTNER
FOR LIMITED PARTNERSHIP NOTORIZATION:
STATE OF F~:~.~ )
COUNTY OF ~.~.~g~ )
I HEREBY CERTIFY that on this day, before me, an officer~duly
authorized in the St~te.a~onesaid and in the County~a~oresaid to take
acknowledgements, personall~ appeared ~arl~Bra:don
we~l known to me to be the .Gen~er~t.Part~er
of the ~td. Partner. named in the ,~oregoing Agreemen~
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 Limited Partnership.
WITNESS my hand and offg'cJQB1 seal in the County a~c~ State last afore-
said this ~ day of ~rv~.~-Io~-~ , lg ~.
ry Publ i~
My Commission Expires:
..... 5/26/89
WIT~ESS:
CITY OE'~ BQ'(NTON B-EACH, FL
~s to City of Boynton Beach
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
A~T:
~ayo'~
City Cl~r~
(Corp. Sea~)
I HEREBY CERTIFY that on this day, before me an officer duly
acknowledgements, pensonally appeared
Mayor anO ~' City Clerk well know, to me ~o'be
the Mayor and City Clerk respectively of the City named in the
in~-th~f°reg°ing agreement and that they severmlly acknowledged executing the sam(
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 afore-
said this day of
198
{Notary-Se~))
Approved as to form:
Notary Public
My Commission Expires:
City Attorney
Legal Description Approved:
City Engineer