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R96-002RESOLUTION NO. R96-~,~? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A WATER SERVICE AGREEMENT WITH JACNEU CORP., A/K/A BOYNTON MEDICAL CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, JACNEU, Corp., owns real property outside of the jurisdictional limits of the City and has requested connection to the City's municipal water system; and WHEREAS, the City has sufficient capacity to provide water services to the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize the Mayor and City Clerk to execute the Agreement a copy of which is for Water Service Outside the City Limits with JACNEU CORP., attached hereto as Exhibit "A". passage. This Resolution shall become effective immediately upon PASSED AND ADOPTED this ~ day of ,1996. CITY OF BOYNTON BEACL-I, FLORIDA Vice Mayor ~ Mayor Pro Tem ~C°mm?,,'~Oner~ /~? ~ -~ C~-'~issio~e~ ATTEST: Cit~Clerk jacneu. Res · 6/2/95 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS This agreemen~ made on this , 19__.q) _ by and between .T,~ c~4~zc{ co~p. l~.. ''t~ day of /l £c . , hereinafter called the"CUSTOMER,,, tad the City of Boynton Beach, municipal corporation oft-he State of Florida, hereinafter called tee "CITY". a WITNESSETH, that the customer, his heirs and assigns, for and in consideration of the privilege of receiving water service from the Municipal Water System agrees to the following: 1. The City agrees to provide customer with water services fi.om its Municipal Water System only as necessary to service the project described in the Application for Water Service submitted by Customer. The Customer has specified that there will 'be ~ 2t Residential connections and the city hereby agrees to serve those ~/f " Equivalent Residential Connectibns. , ~ Equivalent 2. The customer agrees to pay all costs of engineering, material, labor, installation and inspection of the facilities as required by the City Code to provide service to the customer's premises. The customer shall be responsible for installation and conformance with all applicable codes, rules and regulations of al/service lines upon the customer's premises and ali such lines shall first be approved by the Director of Utilities and subject to inspection by City Engineers. The city shall have the option of either requiring the customer to perform the necessary work or the city may have the work performed in which case the customer will pay in advance all estimated costs thereof. In the event the city has such work performed, the customer will also advance such additional funds as may be necessary to pay the total actual costs. 3. Any main extension made under the agreement shall be used only for the customer, unless permission is granted by the City of Boynton Beach for other party or parties to connect pursuant to the Code of Boynton Beach. 4.. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to customer shall be vested in the city exclusively. 5. The customer agrees to pay all charges, deposits, and rates for servi ce 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. 6. Any rights-of-way or easements in this area shall be provided by the customer. 7. It is understood by the customer, and shall be binding upon the customer, his transferees, grantees, heirs, successors and assigns, that 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 premises. 8. The customer further agrees in consideration of the privilege of receiving water service from said City, that the execution of this Agreement is considered to be a voluntary Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto Furthermore, should ""-~""" c*~'"" ..... ls,.ar.r,~i~'~-~ -' law, s-.iJ~cia~- '" ac'/or locai law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be considered a petitiona:), request for annexation under such other laws. The premises shall be subject to annexation at the option of the City at any time they are eligible under any one or more of the above referenced laws concerning annexation. Customer will inform any and all purchasers of any or part of this property of this voluntary petition for annexation and its applicabilities to such purchasers. 9. The customer acknowledges that this covenant for annexation is intended to be and is hereby made a covenant running with the land described in "Exhibit A", attached hereto and made a part thereof.. This Agreement is to be recorded in the Public Records of Palm Beach County, shallFl°rida'be boundand thebyCUStomerthis Annexationand al/subsequentAgreement.transferees, grantees, heirs or assigns of customer 10. It is agreed that the city shall have no liability in the event' there is a reduction, impairment or termination in water service to be provided under this agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, state or federal agencies or other agencies having jurisdiction over such matters. Also the city shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond tho city's reasonable control. ~.. ,.~ . · ~.~,u and ,.~,~ ~ ,a k~.,.~ss the City.of Beynton Beach; Flcrida, ~.a Me~r, raem~ers 'ag'City "- · · · m ~u~K~fisSiOn, omcers, empioyees and agents (both in their individual and official capacities) from and against all c~ims, damages, lawsuits, and expenses including reasonable attorneys"fees (whether or not incurred on appeal or in connection with post judgement collection) and dosts rising out of'or resulting ~om the Customer's obligation under or performance, pursuant to this agreement. 12. It is understood by customer and by the city that the attached site plan "Exhibit B" has been rev/ewed by the City of Boynton Beach for compatibility with the City's comprehensive plan as it relates to land use and density, found to be generally acceptable to the City and is to be the guide for development of this subject land. In the event that the site plan is not approved, there shall be no commitment on the part of the City to serve customer ifa subsequent site plan results in a change in land use, density or an increase in equivalent residential connections. 13. No prior or present agreements or representations shall be binding on any &the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. II~k,,WITNESs WHEREOF the r~a~:ies hereto hax. e set their hvnd.~ and ,~.~,i~ ~h;_q /2 day of_..t~ ( ~ ~, ,.~ '~C~ ,. '-, 1 ~ ~' .f"' ' ......... (Corporate Seal) CORPORATION AS OWNER: / .... '"~-..___~/ ( I // President SeCretary As to FOR CORPORATION NOTARIZATION STATE OF ) COUNTY OF ) I ,I-~,REBY CERTIFY that on this da , before m Y ized in the Sta e afor said ;~ ,-th~ Cou,,~ 9tr~[esala to ta~e ac~nowledge~:n~s?ffipeC:;odn~liy :;~he~;ed "~1 q, ~e .... ~--~-" ~ ....... well known to me to b . -- ~ , respectively of the co~omtion n----5'5 -- - - . ... e the PresMent and Secreta~ ' -v .m=u in me mrego~ng,agreement ~d that they severally ' acknowledge executing the same in the presence of two subscribin with ' under authoriW dui vested in h .... :a ........ . :. ~ ?sses freely and voluntarily Y them ~j ~a,u ~mporauon aha taat the seal affixed thereto is the tree corporate seal of said corporation. WITNESS: CITY OF BOYNTON BEACH, FL Mayor As to the City of?zya'~on Beach ATTEST City Clerk ,,.,o.m.. I HEREBY'CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in the County aforesaid 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 acknowledged 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 , 19., (Notary Seal) ApTroved as te Notary Public My Commission Expires: City Attorney Legal Description Approved: City Engineer