R00-123RESOLUTION NO. R00-/,,,¢,~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE SALE OF A PORTION OF THE CITY'S UTILITY
SERVICE AREA (GENERALLY KNOWN AS BILTMORE
TERRACE) TO PALM BEACH COUNTY UTILITIES, TO
ESTABLISH A NEW SERVICE AREA BOUNDARY
BETWEEN THE CITY AND COUNTY BASED ON THAT
SALE; AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY, AND AUTHORIZING EXECUTION OF AN
ASSIGNMENT AND ACCEPTANCE AGREEMENT FOR
WATER SERVICE WITH THE COUNTY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City was approached by the County in January of 1999, to
iconsider turning over to the County the responsibility for providing utility services to
the Biltmore Terrace subdivision; and
WHEREAS, the Biltmore Terrace subdivision is currently located outside the
City limits, but is inside our utility service territory, although this subdivision has no
water and sewer service in place at this time; and
WHEREAS, Section 714 of Bond Resolution, No. R92-96 controls the sale,
lease or other disposition of "assets forming a part of the Utility System" and it has
been determined by bond counsel that the relinquishment of a portion of that service
area to the County in exchange for cash would be governed by Section 714 of the
Bond Resolution; and
WHEREAS, the City Commission declares that such assets are not needed
or serve no useful purpose in connection with the maintenance and operation of the
Utility System; and
WHEREAS, upon the recommendation of staff, the City Commission deems it
to be in the best interests of the residents of the City to enter into an Interlocal
Agreement with Palm Beach County and to execute all necessary documentation to
effectuate the sale of a certain portion of the City's utility service area to Palm Beach
County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing recitals are true, correct and incorporated into
this Resolution by reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
,oes hereby authorize the sale of a certain portion of the City's utility service area
enerally known as Biltmore Terrace) to Palm Beach County Utilities, to establish a
service area boundary between the City and the County based upon that sale,
md to authorize the execution of an Assignment and Acceptance Agreement for
ater Service with the County for the FIorberto Laguna Water Service Agreement
ated July 31, 1985.
Section 3. That this Resolution shall become effective immediately upon
e.
PASSED AND ADOPTED this ~ day of September, 2000.
I ~TEST: -
| [Cit~-Clerk
- /Mavo(
Vice
- ~issioner
Commissioner
R2000
AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH ESTABLISHING WATER AND
WASTEWATER SERVICE AREA BOUNDARY
THIS AGREEMENT is made and entered into this day of $[I~ ! 6 [ql00
2000 by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter
referred to as the "COUNTY", and the City of Boynton Beach, a Florida municipal corporation,
-hereinafter referred to as the "CITY".
WITNESSETH:
WHEREAS, on May 7, 1985, the COUNTY and CITY entered into an agreement,
hereinafter referred to as "R-85-757", establishing a service area boundary between the water and
wastewater systems of the COUNTY and CITY; and
WHEREAS, the area identified as the "Potable Water and Wastewater Service Area to be
Purchased by Palm Beach County", hereinafter referred to as "Service Area 'A' ", in Exhibit "A",
which is attached hereto and incorporated herein, is currently within the boundaries of the CITY's
water and wastewater service area; and
WHEREAS, the CITY is not currently providing potable water, reclaimed water or
wastewater service to Service Area A , and
WHEREAS, the COUNTY wishes to provide potable water, reclaimed water and wastewater
service to Service Area .....
A , and
and
WHEREAS, the COUNTY and CITY have adjoining water and wastewater service areas;
WHEREAS, it is ~utUally beneficial for the COUNTY and CITY to plan and coordinate the
provision of potable water, reclaimed water and wastewater within their respective service areas so
as not to duplicate capital investments; and
WHEREAS, the COUNTY and CITY desire to modify the service area boundary between
,the COUNTY and C1TY's potable water, reclaimed water and wastewater service areas to permit
the COUNTY to serve Service Area "A" and to re-establish the service area boundary provided for
in R-85-757.
NOW THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
1. Recitals
The recitals set forth aboyg('are true and correct and form a part of this Agreement.
2. Establishment of Service Area Boundary
A. The CITY agrees that the COUNTY shall have the right to provide potable
water, reclaimed water and wastewater service to Service Area "A". The CITY agrees that it will
not provide potable water, reclaimed water or wastewater service to Service Area "A". The
COUNTY agrees to pay a total amount of $1,137,807.00 to the CITY within thirty (30) days of the
effective date of this Agreement for the right to provide potable water, reclaimed water and
wastewater service to Service Area "A" to the exclusion of the CITY.
B. The service area boundary between the COUNTY and CITY for the provision
of potable water, reclaimed water and wastewater service is hereby established by the legal
description set forth in Exhibit "C", which is attached hereto and incorporated herein. The service
area boundary is further illustrated in the service area boundary map, which is attached hereto and
incorporated herein as Exhibit "B'. In the event there is a disparity between Exhibits "B" and "C",
the legal description set forth in Exhibit "C" shall control. The COUNTY shall have the right to
provide potable water, reclaimed water and wastewater service to the area identified in Exhibit "B"
as the "Palm Beach County Utility Service Area" and the CITY shall have the right to provide
potable water, reclaimed water and wastewater service to the area identified in Exhibit "B" as the
"City of Boynton Beach Utility Service Area". The COUNTY and CITY agree that neither party
shall provide potable water, reclaimed water or wastewater service to locations within the boundaries
of the other party's service area. The CITY acknowledges and agrees that Service Area "A" shall
be within the boundaries of the COUNTY's service area upon the effective date of this Agreement.
C. The COUNTY and CITY agree that this Agreement shall not cause
interference with or result in the transfer of ownership of existing potable water, reclaimed water or
wastewater facilities or infrastructure, well fields, or easements of either party except as specifically
provided for in this Agreement. The COUNTY and CITY agree that both parties may operate,
construct, repair, relocate, and maintain potable water, reclaimed water and wastewater facilities and
infrastructure within the boundaries of the other party's service area for the purpose of providing
potable water, reclaimed water or wastewater service to their respective service areas.
D. This Agreement shall not be construed as impairing the CITY's right to annex
property located within the boundaries of the COUNTY's service area. In the event the CITY
annexes property located within the boundaries of the COUNTY's service area, the CITY and
COUNTY agree that the rights of the parties under this Agreement shall not be affected by such
annexation.
3. Applicable Law
Any litigation arising from or relating to this Agreement shall be governed by the laws
of the State of Florida and venue in any such proceeding shall be exclusively in Palm Beach County,
Florida.
2
4. Severability
In the event that any section, paragraph, sentence, clause, or provision of this
Agreement is held to be invalid by a court of competent jurisdiction, such shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
5. Enforcement Costs
Any costs or expenses, including reasonable attorney's fees, associated with the
enforcement of the terms or conditions of this Agreement shall be borne by the respective parties.
6. Entirety of Agreement
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, either written or oral, with respect
to matters contained herein.
7. Successors in Interest
This Agreement shall be binding upon and shall inure to the benefit of the COUNTY
and the CITY and their assigns and successors by merger, consolidation, conveyance or otherwise.
8. Counterparts
This Agreement may be executed in two (2) or more counterparts, each of which shall
be deemed an original. All of which together shall constitute one (I) and the same instrument.
9. Filing
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County, Florida.
10. Modification of Agreement
No additions, alterations, or variations from the terms of this Agreement shall be valid, nor
can the provisions of this Agreement be waived by either party, unless such addition, alteration,
variation or waiver is expressed in writing and signed by the parties hereto.
11. Termination of Prior Agreement
The COUNTY and CITY agree that R-85-757 shall terminate upon the effective date
of this Agreement and the service area boundary set forth in Exhibits "B" and "C" shall apply.
12. Captions
The captions and section designations set forth herein are for convenience only and shall have
no substantive meaning.
13. Effective Date
The provisions of this Agreement shall beCome effective upon execution of this
Agreement by the CITY and COUNTY.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
ATTEST: ~.,..-,-_,,,.,,,,,,. PALM BEACH COUNTY, FLORIDA BY
I}.ORO_T/~IYE. XVIL~'fi~% BY ITS BOARDJ0F COUNTY COMMISSIONERS
B · . ' ~ By: SF.P !62000
~./DeputyCle~2..../:/.Of~,O~, ]_O, Ch'? Ti~oM~ttairWan'~Newell
~ - -'- --~ .... ~?A... -'"- - ..-k~_~
',,.- - 2000 15
APPROVED AS TO
LEGAL SUFFICIENCY
County Attorney:
~i, Clerk ....
CITY OF BOYNTON BEACH
/ Mayor/
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney
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WATER
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POTA~ ~AT~R · ~A~I'~AT~It ~ AitEA
P~U~I ~ COt~TY
WATER · WA~ATE~t ~ AJ~.A
PAlM B~AOI~ OOUN'I~ & ~ OIF BOTN'I~N B~,A~'~
OF LAKE CLARK SH(
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N,T~,
- B 'H COUNTY
;t
CITY OF DELRAY
SERVICE AREA
THENCE WESTERLY APPROXIMATELY 2,600 FEET ALONG THE SOUTH R.O.W.LINE
OF SAID LWDD L-21 CANAL TO A POINT OF INTERSECTION WITH THE SOUTH
R.O.W. LINE OF SAID LWDD L-21 CANAL Al*ID THE EAST R.O.W. LINE OF SAID
LWDD E-3 CANAL
THENCE SOUTHERLY APPROXIMATELY 23,690 FEET ALONG THE EAST R.O.W.
LINE OF SAID LWDD E-3 CANAL TO A POINT OF INTERSECTION OF THE EAST
R.O.W. LINE OF SAID LWDD E-3 CANAL AND THE NORTH R.O.W. LINE OF THE,
SAID LWDD L-30 CANAL.
THENCE EASTERLY APPROXIMATELY 2,700 FEET ALONG THE NORTH R.O.W. LINE
OF SAID LWDD L-30 CANAL TO THE P.O.T AT THE INTERSECTION OF THE NORTH
R.O.W. LINE OF THE SAID LWDD L-30 CANAL AND THE EAST R.O.W. LINE OF SAID
MILITARY TRAIL
EXHIBIT "C"
LEGAL DESCRIPTION
WATER AND WASTEWATER UTILITY SERVICE AREA BOUNDARY
BETWEEN PALM BEACH COUNTY & CITY OF BOYNTON BEACH
P.O.C. - COMMENCE AT N.E. CORNER OF SECTION 12, TOWNSHIP 45S, RANGE 42E (IN
INTERSECTION OF HYPOLUXO ROAD & LAWRENCE ROAD)
THENCE WESTERLY ALONG THE NORTH SECTION LINE OF SAID SECTION 12,
TOWNSHIP 45S, RANGE 42E A DISTANCE OF 660 FEET
THENCE SOUTHERLY TO THE P.O.B. AT THE CENTERLINE OF HYPOLUXO ROAD
COMMENCING AT THE P.O.B.
THENCE WESTERLY APPROXIMATELY 7,200 FEET ALONG THE CENTERLINE OF
HYPOLUXO ROAD TO A POINT OF INTERSECTION OF THE CENTERLINE OF
HYPOLUXO ROAD AND THE EAST R.O.W. LINE OF THE LWDD E-3 CANAL
THENCE SOUTHERLY APPROXIMATELY 2,650 FEET ALONG THE EAST R.O.W. LINE
OF SAID LWDD E-3 CANAL TO A POINT OF INTERSECTION OF THE EAST R.O.W.
LINE OF SAID LWDD E-3 CANAL AND THE NORTH R.O.W. LINE OF THE LWDD L-19
CANAL
THENCE EASTERLY APPROXIMATELY 5,150 FEET ALONG THE NORTH R.O.W. OF
SAID LWDD L-19 CANAL TO A POINT OF INTERSECTION OF THE NORTH R.O.W. OF
SAID LWDD L-19 CANAL AND THE CENTERLINE OF SAID MILITARY TRAIL (SR
809)
THENCE SOUTHERLY AND SOUTHWESTERLY APPROXIMATELY 4,480 FEET
ALONG THE CENTERLINE OF SAID MILITARY TRAIL (SR 809) TO A POINT OF
INTERSECTION OF THE EASTERLY PROJECTION OF THE SOUTH BOUNDRY LINE
OF LE CHALET SHOPPING CENTER, TR 'B' REPLAT, P.C.D. (77-151,152) AND THE
CENTERLINE OF SAID MILITARY TRAIL (SR 809)
THENCE WESTERLY APPROXIMATELY 1,000 FEET ALONG THE SOUTH BOUNDARY
LINE OF LeCHALET SHOPPING CENTER, TR. 'B' REPLAT, P.C.D. (77 - 151, I52) TO
THE POINT OF INTERSECTION WITH THE EAST R.O.W. LINE OF HAVERHILL ROAD
THENCE SOUTHERLY APPROXIMATELY 1,290 FEET ALONG THE EAST R.O.W. LINE
OF SAID HAVERHILL ROAD TO THE POINT OF INTERSECTION OF THE EAST R.O.W.
LINE OF SAID HAVERHILL ROAD AND THE WEST R.O.W. LINE OF SAID MILITARY
TRAIL
THENCE SOUTHERLY APPROXIMATELY 220 FEET ALONG THE WEST R.O.W. LINE
OF SAID MILITARY TRAIL TO A POINT OF INTERSECTION OF THE SOUTH R.O.W.
LINE OF LWDD L-21 CANAL AND THE WEST R.O.W. LINE OF SAID MILITARY
TRAIL
R2000
ASSt'GNMENT AND ACCEPTANCE AGREEMENT FOR WATER SERVICE
This Assignment and Acceptance Agreement made this day of
$£P Z !~ l~lll, 2000 between Palm Beach County, a political subdivision of the State of
Florida, hereinafter referred to as the "COUNTY", and City of Boynton Beach, a Florida
Municipal Corporation, hereinafter referred to as the "CITY", and Alan Murray Nursery
Inc., hereinafter referred to as "CUSTOMER".
WHEREAS, on .July 31, 1985 the CUSTOMER's predecessor in interest, Roriberto
Laguna, entered into an agreement (hereinafter described as "Water Service
Agreement'~ with the CITY to provide water service to a certain property (hereinafter
described as "The Property~ situated outside the C['fY. The property is more
specifically described in Exhibit ~A~ and attached hereto and incorporated herein; and
WHEREAS, as a consideration for receiving water service from the cTrf, the
predecessor in interest agreed that the execution of the 1985 Water Service Agreement
would be a voluntary petition for annexation into the CITY pursuant to applicable
Flodda Statutes; and
WHEREAS, the Water Service Agreement and 'the covenant for annexation is
intended to and is made a covenant running with land and provides that all subsequent
transferees, grantees, heirs, or assigns or successors of the predecessor in interest shall
be bound by the annexation covenant; and
WHEREAS, the COUNTY and the C1TY have adjoining water and wastewater
service areas; and
WHEREAS, in May 1985, the COUNTY and the City entered into an agreement,
establishing a service area boundary between the water and wastewater systems of the
COUNTY and CITY; and
WHEREAS, the COUNTY and CITY presently desire to modify the 1985 service
area boundary agreement between the COUNTY and the CITY to permit the COUNTY to
purchase and service some area (hereinafter described as "Service Area'~ from the
cI-rY. The service area is more specifically described in Exhibit "B" and attached hereto
and incorporated herein; and
WHEREAS the property as described in Exhibit "A' is located within the service
area (Exhibit "B"), both currently under the CITY's general water service jurisdiction;
and
WHEREAS, the CRY is desirous of modifying the 1985 service area boundary
agreement to permit the COUNTY to purchase and service the service area, while at the
same Ume retaining its legal rights under its Water Service Agreement with predecessor
in interest for voluntary annexation; and
WHEREAS, the COUNTY shall have the right to provide water service to the
property in accordance with its uniform policies and procedures manual and applicable
County ordinances following modificaUon of the 1985 Service Area Agreement.
NOW, THEREFORE, for and in consideration of the premises and conditions
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows.
1. The foregoing whereas dauses are hereby ratified and confirmed as being
true and incorporated herein by this reference.
2. The CITY's right of annexaUon of the property as set out in the Water Service'
Agreement shall survive the sale of service area to the COUNTY and the prOperty shall
be subject to annexation at the option of the'CITY at any time that it is eligible under:
applicable annexaUon law.
3. This agreement shall be binding on, and shall inure to the benefit of the
heirs, legal and personal representative, successors and assigns of the parties hereto.
4. ' Upon execuMon of this Agreement, CITY shall record same in the public
Record of Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by
their duly authorized representatives on the date first above written.
A'I'FEST ~ ~4~ o,v ~ OF
·
:
APPROVED ~ TO ~RM AND
LE~ SUFR~EN~ ~. '%mm ~,~*~' .
WTI'NESSES:
Print Name
Print Name t
S:ca/agmts/assign and accept agmt
I, Flu=ibc=co La&uae{ hereby appoint Buell C. Rollins '
as' my Agen~ to act a~d speak and to.negotiate and deliver all .
~ecessary. i. nsttumeats on my behalf in any and ~i1 ma~ters per:stain&'~
to ~he rezoninE of the real property known as PERSZAN GA~D£b~S and
leBally ~es~i~ed aa.
Commencing at a point i~'the'gest line
Section 12, Tovnsip.~ South,Range 42 East
· 90&.25 £eet ~o=th of the SeutB~est.coreer
Stc~5~otrl2;. thence ~ia aw Ea$~y direction
a~ an an~le o~ 90. d~rees a distain of
approximately 653 feet, to a po~nt; thence in a
to ~ point on the south line of said Section
~h~ia t d~s:~ce: ei. &53.16 [set East o[ the
Southwest corner of Section 12,
:hence ~esterly aloe& the South line of said
description bein& :he South 90&.2I fee: of the
pre, sas that ~ere Conveyed by Flor-Eyan, Inc.
to ~e!soa A. Ho=ton .and ~elen ~.
· ~'fe, by Oecd dated June 27th 1963, and filed
. A~s:..~ 1~63 ~ the Official Records Book
911 a~ ~&e 13, In ~he Public Records e[ Pals -'
Beach County, Florida; lees the
On'ced th~s-3~st-day.o~-~ut~.-
1985 at Miami, 'Florida '
FLORIB£RTO LACONA
/'
ON THIS 31et day of JUly in the .year 198~
,9mrsonmlXy appeared before me, the undersiSned
Flu~.il~--eo- ~aBun&~ tn-' me- well kno~, and
.acknowl~Bed that he' ~ecut%d this Agreemeu~'
for A&e~cy for ~he ~n:eu:~. and purposes
s~a.[ed therein,_. _
/ '
' State o~ ~o~
~e ~ma~. 10. 199
RECORD VERiFIeD
;~ALM 8EAC'H COUNTY. FLA
JOHN 8. DUNKLE
CLERK CIRCL/IT COURT
BOYNTON BEACH ,.
TOTRL P. ~