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82-HHHHRESOLUTION NO. 82- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF BALM BEACH COUNTY, FLORIDA, TO FURNISH WATER AND SEWER SERVICES. NOW, THEREFORE~ BE AND IT IS HEREBY RESOLVED BY THE CITY. COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute on behalf of the City of Boynton Beach, Florida, that certain Agreement between the School Board of Palm Beach County to furnish water and sanitary sewer service to Santaluces High School. PASSED AND ADOPTED this 3rd day of November, 1982 CITY OF BOYNTON BEACH, FLORIDA Co! ATTEST City Clerk ' (Corp. Seal) Council Member ~ou~cil Member' AGREEMENT THIS AGREEMENT made and entered into this day of , 1982, by and between the City of Boynton Beach, Florida, a municipal corporation, (hereinafter referred to as 'City"), and the }alm Beach County School Board (hereinafter referred to as "Developer"). WITNESSETH: WHEREAS, the Developer owns and is in the process of devel- oping a parcel of land in Palm Beach County, Florida, adjacent to the Boynton Beach service area for a public high school, and desires that the City furnish water and sanitary sewer service to the property; and WHEREAS, the City is_willing.to furnish and supply water and sanitary sewer service to the described property subject to all the terms and conditions of this Agreement; and WHEREAS, it has been necessary for the Developer to construct off-site water and sanitary sewer systems at the high school property; and. ~HEREA.S, it has been necessary for the City to modify portions of its water and sanitary sewer systems in order to meet the utiliny needs of the property. NOW, THEREFORE, for and in the considerations hereinafter se~ forth, it is mutually agreed by and between the parties hereto as follows: I. Definitions. The parties agree that the following definitions shall apply in interpreting this contract: A. "Premises" shall mean the land owned or controlled by the Developer for which water and sanitary sewer service is to be provided by the City, more particularly described in Exhibit "A" attached hereto, and by reference made a part hereof. -1- B. "Water Main" shall mean and refer to the water main outside of the Premises of the Developer and shall include a 20- inch line from Congress Avenue to Lawrence Road, a 16-inch line along Lawrence Road to the L-20 Canal to one-fourth mile south of Hypolxuo Road and a 12-inch line north to the high school site. C. "Sewer Force Main" shall mean and refer to the sewer force main outside of the Premises of the Developer and shall be from the high school at Hypoluxo Roa,~'i 5400 feet southward to connect into a gravity .line and a lift station. D. "City System" shall mean the existing sewer and water system and all facilities and appurtenances incident thereto presently owned and/or operated by the City. E. "Off Site" shall mean the area up to the point of joining of the water main and sewer service to the Premises of the Developer to the places designated on approved plan. F. "Facilities" sha.ll mean the sanitary sewer collection system and all facilities incident thereto, and all water mains and distribution lines and appurtenances incident thereto within the premises. G. "City Ordinance" shall mean Chapter 26 of the Boynton Beach Code of Ordinances of the City of Boynton Beach, Florida, as it may from time to time be amended. II. Exclusive Services. The Developer hereby grants and gives to the City, and the City hereby accepts at no cost or expense to the City, the exclusive right and privilege to provide s~nitary sewer service and Water service to the Developer's Premises, upon the terms and! conditions set forth in this Agreement. III. Citv's Responsibilities. In accordance with the terms of the City Ordinance, the following is agreed to: A. Pursuant to City Ordinance, the City shall designate -2- its engineering firm who shall be responsible for preparing plans and specifications for the extension of all off-site water and sewer facilities to the Premises of the Developer, and who shall be responsible for supervising construction of the extension for compliance with the plans and specifications, upon payment by the Developer of engineering fees to the City as set forth in City Ordinance. Said fees shall be due and payable prior to the commencement of plan preparation. B. The City agrees that the plans and specifications prepared by the City's Engineers shall meet the requirements of all applicable governmental agencies and the Engineers shall seek and obtain the approval of applicable governmental agencies during preparation of the plans and specifications and prior to bid and construction. The plans and specifications shall comply with the provisions of the City Ordinance. C. The City will be responsible for placing the plans and specifications prepared by the City's Engineers up for bid by construction contractors, for evaluating the bids and for selec- ting the best bid. The City will award the bid and carry out construction and inspection. D. The City shall furnish water and sanitary sewer service to the Premises after water mains and sewer mains, both off-site and in ~the Premises, as appropriate, have been completed and accepted by the appropriate agency. E. The City shall, at all times, proceed with due dili- gence to cause the engineering and construction to be completed in a timely fashion. IV. Developer's Responsibilities. In accordance with the terms of the City Ordinance, the following is agreed to: A. The Developer shall be responsible for payment of the fees of the City's Engineers for the design of the off-site -3- water and sanitary sewer lines, and a proportional share of the construction costs whereby the Developer's share of the costs will equal the construction cost of the minimum pipe size necessary to serve the high school, i.e., an 8-inch sewer force main and ~ 10-inch waker line. The Developer shall also pay the appropriate Capital Facilities Charges as required by the City Ordinances. B. The Developer shall not have the right or privilege to permit any person, firm or corporation, or any entity whatso- ever, to make any connections to the said facilities within the Premises. The City shall, however, have the exclusive right and option to contract with any person, firm or corporation, or ennity whatsoever, so as to allow said entity to connect into the said facilities to be owned, operated and meintained by the City, and the Developer agrees to this provision by the execution of this contract. C. The City shall be entitled to charge rates for water and sewer use in accordance with the applicable ordinance or resolution adopted or as amended from time to time by the City Council of Boynton Beach to the Developer and/or individual users of the City water and sewer services within the Premises provided by the City pursuant to this agreement. Provided, however, that such rates shall not exceed the rates permissible under Florida Statutes 180.191. Water meters shall be owned, operated and maintained by the City. V. .C. apacity Reservations. A. The City agrees at all times to reserve and have line and plant capacity for Developer from the Developer's Premises, subject to any limitations imposed upon the City by the Department of Environmental Regulation of the State of Florida, the Environmental Protection Agency of the United States of America or successors agencies or any other governmental agency -4- use or expansion of the facilities. VI. The Project. The project contemplated by this Agreement is for the construction and connection of sanitary sewer lines and Water lines including those fire hydrants on the water line as shown on Exhibit "B" attached hereto. VII. Limitation on the City's Liability. Boynton Beach shall not be responsible in damages for any failure to supply water or for interruption of the supply or for failure to supply sanitary sewer service or for interruption of said service. Boynton Beach will not be liable for any failure or inability to perform pursuant to this contract caused by war, civil disorder, strikes or labor disturbances, fire, earthquake, flood, hurricane, tornado, act of God, or natural disaster; or any decree, ~judgement, law regulation or order of any federal, state, regional or county agency Or other public authority law- fully regulating Boynton Beach; or by other circumstances beyond the control of Boynton Beach. VIII. Entire Agreement. This contract embodies the entire Agreement of the parties hereto. There are no promises, terms, conditions or obligations referring the subject matter than contained herein and this contract can be modified only by an instrument in writing signed by the parties hereto and witnessed in proper form except as contained above. IX. Assignment. This contract shall be binding upon the parties hereto and their successors and assigns. The Developer may assign this Agreement in whole or in part provided said assignment is made in connection with a transfer of title to all or part of Developer's Premises with written consent and approval of the City, which con- sent will not be unreasonably withheld. The assignee must assume the obligations of the Developer making such assignment under the provisions of this contract. -5- Recording. The parties agree that this document will be executed in such form that it may be recorded. This Agreement and the terms and conditions thereof shall run winh the land and be a covenann binding on any purchasers, successors, or assigns and successors in title of the Developer unless terminated as provided. XI. Termination. This Agreement may be terminated by the City in the event the Developer has not fully complied with the provisions of Paragraph IV. C within thirty (30) days of the designation of a successful bidder on the construction contract. This Agreement may be terminated by the Developer at any time prior to the award of the contract for construction of the project, provided the Developer shall reimburse the City any sums expended and for all work done by the City as of the date of such termination. XII. Interpretation. This Agreement is entered into in the State of Florida and shall be interpreted in accordance with the Laws of the State of Florida. Witnes~ PALM BEACH COUi~fY SCHOOL BOARD Thoma~ J. MiT!s, Superintendent STATE OF FLORIDA ) COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, 'before me an officer duly authorized in the State of Florida and the County of Palm Beach to t~e' acknowledgements, personally appeared Susan R. Pell, Chairman, and Thomas J. Mills, Superintendent, Palm Beach County School Board 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 Board. WITNESS my hand and official se_~al~ in Palm Beach County, State of Florida this ~-~day of .. .~.~~ 1982. (Notary Seal) / ~'r~o~ Boa'~'d Attorney Notary Public My Commission Expires: MY COM~'4ISStO-~i ~.,,A~T..~ OF FLORIDA ,~z ~ .... ~ USI~ ;'A SHTOI~- INC CITY OF BOYNTON BEACH, FLORIDA Witness By: Mayor Witness ATTEST: 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 of Florida and the County of Palm Beach to take acknowledgements, personally appeared Mayor and ~, City Clerk well known to me to be the Mayor and City Clerk respectively of the City named in the foregoing agreement and that they severally acknowledg~ 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 and official seal in the County and State last aforesaid this day of , 1982. (Notary Seal) Notary Public My Commission Expires: Approved as to form and content City Attorney -7-