R91-93RESOLUTION NO. R91-~
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 NEW EXCALIBUR, INC.; A COPY OF
SAID AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
W~IEREAS, this matter has appropriately been reviewed by
· Staff and staff has recommended approval of the water
~ agreement at the present time; and
WHEREAS, the City Commission of the City of Boynton
deems it to be in the best interest of the residents
)f the City to execute said Water Service Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby
~uthorized and directed to execute a certain Water Service
t between the City of Boynton Beach, Florida and
Excalibur, Inc., said Agreement being attached hereto as
~xh~bzt .
Section 2. This Resolution
Lmmed~ately upon passage.
shall
PASSED AND ADOPTED this ~ day of June,
take
1991.
effect
~TTEST:
CITY OF BOYNTON BEACH, FLORIDA
Co~sioner
~ issioner /
Seal
BUR.. AGR
U r
N_
m
AN -13-1991 Q1:2Wm 91-167495
N;:1$tr:!'TRIT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
this agr,>ument, mldo *:n t.ht+day of
by and between NE'W E'XCALIBUR.
h,•r^lnafter called the "i?JSTOOFR", and the CITY OF BOYNTON BEACH, a
rorporation of the State of Flotid3, h^relnafEer called the "CITY".
WITFlFSSETH, that the Custrm•r, his heirs and assigns, for and in con-
sfd^ratinn of IIt— privilege of r,cvP;Ing wator service from the Municipal Lq
W;ttrr System ngrr,es to the folln•.,iug:
1. fh agrees to providt Cur,tomer with water ser-„icos from its m
1 1 iJM.^r system only as nr ,•s5ary to -,orvice the projnet described iy
t the pll �.r lon for Watc•r SrvIco submitted by Customer. The Customer
1-� -iflod that thc^re will he Oflf•: Equivalent ReslrlentIal 10
Co cr -
rp +trnl the, City hereby nqr rv>� to serve th those CN1F.
0 .,1 Cna,trti^n5.
j 4=fe Cu:tomor agrees to 1",Y all costs of engineering, material,
:abor, talltion and inspocr.ion of the facilities as regtttrctd by the
City Code. t rovide service to the Customr?r's premises. The Customer
shall beable for the installation and conformance with all
applicable rules and regulations of all service lines upon the
Customer's miles and all such lines shall first be approved by the
Director of Litt os and.subjert to inspection by the city's engineer.
Th ^ City shall ?a, r. he option of elthor requiring the Customer to perform
tit, necessary the City may have tho wort! perfotmod In which case
th" Cust.omr,r drill a' ut advnr:ce all costs thereof. In the event
Ili— City has such V`P�r f, c rt^cl, t he (7u,Aomer wl 11 a] •,o advance such
a rJitlonal fun•.is as he necr-aary to lay the total actual costs.
3. Any main e>.c. made te,cMr' tho Agreement shall be used only for
'1112” NT"! ,�nl I cion Is granted by the City of Bo}•ntoo Beach fr.r
r hr: ,entry o: parr.!c>s connect pursuant to tha code of Boynton Searh•
4. 'title to at! merit A
the• Clty W.rtnr Distribution
rrtomer shall br• v,ar.ed in
14 Th,+ ust om^r agree , t
liylr •m. -I e tulpm,•nt to connec
ra" , apl•! it nhl, !Jud"r City rr
rrllcable or ns may he changed
6. Any rights of way or
It, - Cuatornot.
slops and oth^r facilities <+.r>nd:ci from
to and including the.met-r-,.0 service to
ty exclusively.
I charg^s, a-,poslr,--. and rotes for
! t watr.r servic-e cu'sid^ the City
rd tate sclV"!urns :;htcIi are n•,.;;
o time.
this area >hall be provldQd by
7. ft Is and rst.00d by the Custom. hall be binding upon the
hit; transferees, grantees, hot successors and asslgru;, that
ill wnt,-,r to !.e furnished, supplied, and sold prier this Agreement in made
nt,Mlable from surplus. If the surplus doe o exist at the time of
Customer's actual request for commencement ice, as determined by the
City's Director of. Utilities, then this CITY, t ut liability, may refuse
to initiate service to the subject. premises.
S. The Customer further agrees in consl Lionexation
the privilege of
ror-eiving wat.or service from said City, that the e en of this
Agrer>ment !s ronsidered to be a voluntary Petlti put^uant
to S^r•t:ion 171.0.14 of the Florida Statutes or any successor or, atttendtnent
th=roto. Furth^rmore, shopld any other general law, special act, or local
la>' b,• coac*r,d wht• 1; provid-^s for voluntary or consensual annexation, this
,,w .... c, t•; hall al::o b^ cnnslrl •reel a per,itionary raluest for annexation
u:rlor`•h other laws. The pro:a! so s -;hall be surfort to annexation at the
nt.tI,'ricf the r'Ity at ,any t ire r.h, V •are ollulble under'.an%, on^ •. more of
rl .. ,:.
.. ,. ... ,. ••.errwill iaiv_r,. e1 -y
9,11 '1p.r, •:h , f n.,y t>r L.,rt of t'o a pr- J••>: ty of this. •t01,1:1: ary
f,•r , nn! ;,tr,lon no ! 1'-c. at^,,l t; •,1.! I tt t to :,itch purt•haaer ,.
fho''l.r,tnrerr cl:or,�l,•:t,t:,r that 'ht•; to rr,int for is
Irir• n,l,.,d It, N. .qv! is hntro..y t^,�9^ . ..>.tan+. cuortin;l cath the lard
,.rt!••rl In••:hlhl t. A• err �..a-. h,••! hm,et• .�.rj r>-•
.,L, a raft h -r-: ^f. Thi,> t
4,tr: . 1 ,, F: r; ro,.or !Io -1 to t h•r .Fubl i c P, •rr r cis o! Pal,n P It CrunC �.
;!rdiotid, ;.d rtt,. ri:•:rr:m^� in:l -11 ...•�ln-ut"transf.:rr,r 4`.,�-,r�>•,;, h�'•!r:
n , :4 •_ ,,f "u, t ^;rr , :h,+l l h: I- •.'1 by ':.;I r 71t:ttr.x t Pr i Agrerrnnr•t .
RECORDER'S MEMO: Legibility
of Writing, Typing or Printing
unsatisfactory in this document
when received.
10� It is dgrond that the.City shall have no liability in the event
there is a reduction, impairment or. termination In water service to be
provirledunder thls Agtcenrnt, duo to any prohibitions, restrictions, o
limitations or requirements of local, regional, State or Federal agencies is
or other agencies having Jurisdiction over such matters. Also the City
shall have no liability in the event there is a reducti.on, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blaclIputs, fire, earthquakes, other casualties or other
circumstances beyond the City's reasonable control, LA
Q`
11. The Customer hereby agrees to indemnify, defend and hold harmless. w
City of Boynton Beach, Florida, its Mayor, Members of City Commission, y,
CPrs, employees and agents (both in their individual and official
ep)lklues) from and against all claims, damages, law sults and expenses 10J
in ing reasonable attorneys fees (whether or not incurred on appeal or
nnection with post Judgement collection) and costs rising out of or
i(1)) from the customer's obligation under or performance pursuant to
' It is understood by Cki,,tomer and by the City that the attached
site plan "Knhibit. B" has been reviewed by the City of Boynton Beach for
compat y with the City's comprehensive plan as it relates to land use
and defound to be generally acceptable to the City and is to be the
guide fMapprovedthere
elopment of this subject land. In the event that the site
plan is shall be no commitment on the part of the City
to serve c if a subsequent site plan results in a change 1n land
use, densit o n increase In equivalent residential connections.
13. No por r present agreements or representations shall be bind -
Ing on any of les hereto unless incorporated In this Agreement. No
modifications or • a ge in this Agroement shall be valid upon the parties
unless In writingaxe ted by the parties to be bound thereby.
IN W TNESS WIIF the rties hereto have set their hands and seals
this L(day ofi�/L• 19/•
W13N{S: \ CORPORATION Afi OWNER; n
I. ( U
As to Corporation (Customer)
FOR CORPORATION NOTORIZATION
STATE OF
cvuN l r uF /4- OF
0
CORPORATE. SEAL)
Secrc ary
I HEREBY CERTIFY that on this day, me, an officer duly
authorized in the State aforesaid and in co t aforesaid to take
acknowledgements, personally appeared n �r4
wel l known to me to be resident td Secretary anei-
%e respectively of the corporation na foregoing Agreement
and that X!jo swvee�}y acknowledged executing me In the presence of
rf.jt4tm subscribing wttnessoo_-freely and volunt er authority duly
vested in skWOby said corporation and that the seal affixed thereto is the
true corporate seal of said corporation.
WIT11Eg3 my hand and official seal in the4Count-nd State lost afore-
Saicl this, day of/ Soic
My Commission E9tois
�i.
RECORDER'S MEMO: Legibility
Of Writing. Typing or Printing
unsatisfactory in this document,
when received.
WITNESS:
STATE OF F )
COUNTY OF PALM i )
ORB 6856 Pe 1980
CITY OF BOYNTON BEACH, FL.
�'J(�LG��lCL2c�u,
14-7�'fayor
ATTEST k�//l ��i�i.
City C erk'.
(Corp, Seal)
I HEREBY CG IF that on this day, before me an officer duly
authorized 1n th-Fforvapi(oI and 1n the county aforesaid to take
acknowledgementsllypeared Edward Harmening
Vice May And ___Suza_Kruse-, City Clerk wol l known to tno to be
the ayor and City clFln.
pectively of the City named in the foregoing
agr,-rtuont and that LIerally acknowledged executing the same in the
plesonce of two subscr wltrwr,:, : freely and voluntarily under
authority duly vested In y said City and that the city seal affixed
thereto is the trup corp o t seal of said City.
WIMESS my hand and of co SPAT in the County and '31;%te last afore-
-laid this —_—'f_ _ day of _ cn_-�-.---, 19__q/.•
O
(Notary Seal pnt�lo niLV�w[
Nntary P,r),lic - -- -- -
+N; My Commission Expires:
G NOTARY PUBLIC. STATE OF FLORION.
1
proved as form:
COMMI,,,,„,,SSION,,EXPIRES: APRIL 17. 1992, �� .,.��w,p�„�
Ouh0[hwiti i ,.
City Attorney O
Legal Description Approved:
�G
Engineer
RECORDER'S MEMO: Legibility
E of Writing. Typing or Printing
I. Unsatisfactory in this document
when received.
i
e
ORE 6856 Pg 1981
U
9
r8ib- A .. •i,1�
".fit• j, fi-amo KID=, a .,..... '.i"•• ,.'�i
• t tMriol,�• t•aorA•A cc rdtaQ-to. ..
IlI at t�qq�a,�q la Plat look ..
lwoN.Coiuflv�l.i= • Poblla.11•oorAa ol,Pala: :Si•r
llorlEa.��\""\��r/!•d lo.taL.leaoh iDoty!]f• i
• - a
7.
EER'9 MEMO: Legibility .
Ing or Printing
- '• ""F". t µns atief in this document
a • �'
RECORD VERIFIED
PALM BEACH COUNTY, FLq l� A
JOHN B. DUNKLE � 0o"•
CLERK CIRCUIT COW T
IEA H ;E: 2935PAGE 1729 ;''•Y