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90-KKKKRESOLUTION NO. go-~~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE GULFSTREAM HOMEOWNERS IMPROVEMENT ASSOCIATION, INC. FOR THE PURPOSE OF OBTAINING WASTEWATER DISPOSAL SERVICES FROM THE CITY; A COPY OF SAID AGREEMENTSBEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED by the City COm~ission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute that certain Agreement, a copy of which is attached hereto as Exhibit "1". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~"~-~ day of June, 1990. C A ayor l~~ ~a-~o r~~ Commi ss, ioner , '~ o~ti ssioner ATTEST: (Corporate Seal) Commissioner AGREEMENT THIS AGREEMENT is made and entered into this ~ day of ~-/~~ , 1990, by and between the CITY OF BOYNTON BEACH, hereinafter referred to as "Boynton Beach" and the GULF STREAM HOMEOWNERS IMPROVEMENT ASSOCIATION, INC., a Florida not- for-profit corporation, hereinafter referred to as the "Association". WITNES SETH: WHEREAS, the City of Boynton Beach has constructed a Lift Station, generally knows as LS 102, such Lift Station being located on property immediately adjacent to the St. Andrews Club on the East side of the Intracoastal Waterway; and WHEREAS, the Little Club, Inc. ("Little Club") owns certain real property within the Town of Gulf Stream, Florida, immediately adjacent to LS 102; and WHEREAS, the Little Club currently provides waste water treatment and disposal services for itself, Las Casitas, Inc. and Hillside Condominium; and WHEREAS, the Little Club is interested in discontinuing its operation of its package wastewater treatment and disposal Plant and to obtaining wastewater disposal services from the City of Boynton beach through the City of Boynton Beach's LS 102 and, thereafter, through the City of Boynton Beach's collection system for treatment at the South Central Regional Wastewater Treatment and Disposal Board; and WHEREAS, Little Club has, pursuant to an Agreement with Association agreed to Association's use of the Little Club system to permit the Association and the Gulf Stream School to obtain wastewater disposal services from the City of Boynton Beach through the above referenced LS 102 and thereafter through the City of Boynton Beach's collection system for treatment at the South Central Regional Wastewater Treatment and Disposal Board; and WHEREAS, the Town of Gulf Stream has consented to the City of Boynton Beach entering into this Agreement to provide such wastewater disposal services to the Association, its members, successors and assigns and the Gulf Stream School (the "School"). NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the City of Boynton beach and the Association agree as follows: 1. The City of Boynton Beach agrees to receive, at the point of connection of the Little Club system, all flows from the Little Club's sanitary sewer collection system, including those of Association, its members, successors and assigns and the School. 2. The City of Boynton Beach will transmit for treatment the sanitary sewage received by the City of Boynton Beach pursuant to Paragraph 1 hereof to the South Central Regional Wastewater Treatment and Disposal Plant. 3. The Association will convey, by Bill of Sale, the meter on the Association system to the City of Boynton Beach within ten (10) days following execution hereof by both parties hereto. 4. The City of Boynton Beach will maintain the influent meter which measures the flows from the Association and the School into the Little Club sanitary sewer collection system and, in turn, into LS 102 and will allow the Association to read the meter at any time convenient to both parties. 5. It is agreed that the sanitary sewer collection system, pumping stations and force main that collects sewage from the Little Club, Inc. and Association, its members, successors and assigns and the School, up to the point of connection into the City of Boynton beach's LS 102, but excluding the above referred to influent meter, shall be the responsibility of the Little Club, Inc. and Association. 6. For disposal of its and the School's sewage through LS 102 and thereafter into the South Central Regional Wastewater -2- Treatment and Disposal Plant, the Association agrees to pay to the City of Boynton Beach a two-part charge per 1,000 gallons of flow on a monthly basis, as follows: PART I: A user charge rate for system-wide operating and maintenance, including replacement of $.58 per 1,000 gallons of sewage as metered at the above referred to influent meter. PART II: A user charge for treatment and disposal by the South Central Regional Wastewater Treatment and Disposal Board at the Regional Wastewater Treatment and Disposal Plant of $.7055 per 1,000 gallons of sewage metered at the above referred to influent meter and as amended from time to time by the governing body of the Regional Plant as charged to the City of Boynton Beach. 7. The Association will make monthly payments to the City of Boynton Beach, beginning at the completion of the first full month of operations under the terms of this Agreement, and will be based on the gallons of sewage measured at the said influent meter. The first monthly payment will be for the gallons pumped for a partial month prior to the first complete month. If there is to be an annual rate adjustment in Part I and/or Part II, the City of Boynton Beach will submit to the Association annually any anticipated rate adjustment by September 1 preceding the start of the fiscal year and a final approved rate adjustment by October 15 for such fiscal year. The capital portion of the cost to Association will be $650 per equivalent dwelling unit, to be payable prior to connection. 8. This Agreement constitutes the entire Agreement between the parties. Amendments to this Agreement may be only in writing signed by both parties hereto. 9. This Agreement shall continue to remain in full force and effect so long as the Regional Treatment Plant is operational. -3- 10. In the event of default bY either party under the terms and conditions of this Agreement, the non-defaulting party shall be entitled to all remedies aVailable at law or in equity. The prevailing party in any litigated dispute shall be entitled to recover attorneys' fees. 11. This Agreement shall be binding upon and inure to the benefit of the City of Boynton Beach, the Association and its members and their respective successors and assigns. 12. The entry into this Agreement shall in no way obligate the Association, its members or the School to use or purchase other utilities or services from Boynton Beach or to annex or consent to the annexation of property into Boynton Beach. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. C~y Clerk ApproaChed as~to form: ' i±t Attor Witnesses: AS TO GULF STREAM HOMEOWNERS IMPROVEMENT ASSOCIATION, INC. (Agree2.Gul) Gene Moore, Mayor GULF STREAM HOMEOWNERS IMPROVEMENT ASSOCIATION, INC. a Florida not-for-profit corporation CHARLES C. HALLOCK Its President -4- ~Andrews ~ Club tie Cuh Rd 3ulfstream ~ Par 3 ~ Sea *y 6 Winthro Gt amalre 4 Reel I{d 5 East Ave 6 Coral Rd Andrews '45S S L F,rS T RE GULF LOCATION · -.. ZCMM~SSi©NERS V;,~ AM ~ F©CH JR Mayor ARMOUR Vice Mayor KAT, HLEEN S WALLACE _AWRENCE E STAHL TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA MAIL ADDRESS 100 SE,& ROAD GULF STREAM. FLORIDA 33483 TEL.. GI.JI.F S[REAM f407~ 2/6 51 I14 =RANKLIN E FLANNERY ~,~ May 1, 1990 J. Scott Miller, City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Fl. 33435 Dear Mr. Mi-ller: This is to confirm that the Town of Gulf Stream has no objection to the City of Boynton Beach providing sewage services in the Town of Gulf Stream. This was confirmed by official action of the Town ComMission at their Regular Meeting held on April 24, 1990. If ~ou have any questions, do not hesitate to call. Very truly yours, ~i'n E. Fi'an er~ Town Manager ~ FEF:r MINUTES - REGULAR CITY COMMISSION BOYNTON'BEACH, FLORIDA Con~der~approval__ of].Litt!e Club Sewer Use Agreement~/~~ City Manager~cheney. stated~hat Little Club would like/for the City to extend sewer' service to them, e~st~ No~mally.~in'~.the~? ~City has want~t°~have sewer ', 'you~have to ~?' They already have public waterlfrom the City /~ Beach. Mr..Cheney saidlthe'Commission need, that issue~ Secondly; is~ithe~annexation~issue~ ~ly we won't be annexing them because theY're already in~..a?CltY and can't be annexed, but they would like to have it diScussed~and be~ n-the~record;.~b~fore Little Club~sp~nds!~. money to hire ineer~to ide the specific engl~ neering ~ ~ that~B0ynton 'Beach will make to serve some 30 units adja~ Gulfstream'?is~supPortiVe of Li they will not.be partici of Gulfstream'and?Littl for the 30additional~units, TheY~prOpose ~The TOwn of ~'s request, ~althoUgh ~ially. The~Town tion and gravity~line~wise so that~anOther group.of homes%~in the general~'area~ought~to be. able!to.~'tie/on in the future,~iif ~ they wanted tO. '~Boynton Beach'Would have'to have a formal~, agreement with'Delray Beach because~of-~the service~area, etc. Mr. Cheney problem with it. Mayor Moore asked how'this~falls under the regional situation? John Guidry responded that we're the~only~uti- lity that~has the capability of serving them now,~~ The?~ treatment plant at Little Club~is having some capacity problems. Those 30 units that the'~City Manager~addresSed~!~. have a percolation problem. ~ Vice Mayor Olenik stated that'.his Only concern-waS~that as~ Gulfstream~decides to come~on the sewer, because~w~'have:,an existing sewer line there, ~he could see us going all the way down to-Sth'~Street. Mr.'Cheney'remarked that~maybe'~We coUld include in~our~agreement with Delray'Beach i~that~becomes-a public health problem, it would be~addressedby Guifstream~ Commissioner 'Hester moved 'that the..Commission~'approVe~ the~ Service Agreement for Little Club. Vice~Mayor.~Olenik~ seconded the~motion~which carried 4~0. IX. OLD BUSINESS None.