R95-184II
RESOLUTION NO. R95-/,~x-,.z
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A WASTEWATER
SERVICE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND COLONIAL ESTATES, INC.;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is a mObile home park located west of
Military Trail, north of Flavor Pict Road; and
WHEREAS, the park currently uses small "package plants" to treat the
potable water and wastewater for the entire park of 250 mobile homes and has
recently experienced problems achieving proper disposal of the treated
wastewater; and
WHEREAS, the County Health Unit is requiring the park to correct the
and connection to the City's wastewater treatment and disposal system
would effectively correct said situation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed
to execute a Wastewater Service Agreement between the City of Boynton Beach,
Florida and Colonial Estates, Inc., said Agreement being attached hereto as Exhibit
~ This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~=~/ day of November, 1995.
CITY OF BOYNTON H, FLORIDA
Mayor
Pro Tem
ATTEST:
Cit:C'Clerk
C(
Colonial. Est.
11/16/95
AGREEMENT FOR WASTEWATER SERVICE OUTSIDE THE CITY LIMITS
This Agreement, made on this day of
, 19 ~J~ by and between Colonial Estates, Inc.
"CUSTOMER", and the City of Boynton Beach, a municipal
corporation of the State of Florida, hereinafter called the
"CITY".
WITNESSETH, that the Customer, his heirs and assigns, for
and in consideration of the privilege of receiving wastewater
service from the Municipal Treatment System agrees to the
following:
1. The City agrees to provide Customer with wastewater'
services at its Municipal Treatment System en!y as necesuary to
service the project described in the Application for Wastewater
Service submitted byCustomer. The Customer has specified that
there will be 250 Equivalent
Residential Connections and the City hereby agrees to serve
those 250 Equivalent Residential
Connections.
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
installatio~ and conformance with all applicable codes, rules
and regulations of all service lines upon the Customer's
premises and all 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 ?ork performed, the Customer wilI also advance such'
additi¢~nal 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 Wastewater Collection 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 service and equipment in connection with wastewater
service outside the City limits applicable under City Ordinances
and rate schedules which are now applicable or as may be changed
from time to tame.
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 wastewater to be accepted under this
Agreement is made available from surplus capacity. If the
surplus capacity 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 wastewater 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.
FOR CORPORATION NOTARIZATION:
(Corporate Seal)
STATE
cOUNTY OF m Cit.
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 appeargd
well known to me to 'be~t~e~,President and ~ respectively
of the corporation named in the foregoing Agreement and that
they severally acknowledged executing the same in the presence
of two (2) subscribing witnesses freely and voluntarily under
authority duly vested in them by said corporation and that the
seal affixed thereto is the true corporate seal of said
corporation.
WITNESS.my hand and qfficial
last aforesaid ~his /O day
(Ng~ary Seal) .
(Notary Seal)
seal in the Co. unty and State
of , 19 %
Notary Public
My Commission Expires: ~'-~-~
WITNESS:
CITY OF BOYNTON BEACH, FL
- i
Mayor
As to the City of Boynton Beach.
ATTEST
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
(Corporate Seal)
I EEREBY CERTIFY that on this day, before me an officer
duly authorized in the State aforesaid and in the County
aforesaid to
- , Mayor and
,CityClerk
well known to me 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 day of , 19 .
(Notary Seal)
Notary Public
Approved as to form:
My Commission Expires:
City Attorney
Legal Description Approved:
City Engineer
Furthermore, should any other general law, special act or local
law be enacted which provides for voluntary or consensual
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.
Customer acknowledges that this covenant for
intended to be and is hereby made a covenant
running with the land described in "Exhibit A", attached hereto
and is to be recorded in the
pu! Florida, and the Customer
and ~fere~s, grantees, heirs or assigns of
Cust ~bound by this annexation Agreement.
local, regional, State or
'uris¢
no
strike
casual.
control.
the City shall have no liability in
the a, impairment or termination in
wastewater service to be provided under due to
any prohibitions, restrictions, limitations or requirements of
agencies or other agencies
Also the City shall have
is '
or
due to acts accidents,
s, fire, et , other
beyond the "s reasonable
11. The Customer , agrees to indemnify, defend and
hold he City of Beach, Florida, its Mayor,
employees and agents (both
in and apacities from
) and against
all cL lawsuits, and'expenses including reasonable
attorn (!whether or not incurred on appeal or in'
connec With post judgement collection) and costs rising out
of or resulting from the iCustomer's obligation under or
performance pursuant to this Agreement.
12. It. is undert
attached site plan "Exhil
Boynton Beach for compat
plan as it relates to land
genera.
deveL
tomer and by the City that the
been reviewed by t~e C~ty of
the City's comprehensive
and density, found to be
and is to b~ the guide for
In the event that the site
plan is not approved all be no commitment on the part
of the City to serve Customer if a subsequent site plan results
in a =ha~ge in lan~ use, density or an increase in equivalent
residential Connections.
13. No prior or present agreements or representations
shall be binding on any icl the parties hereto unless
incorporated in the Agreement. No modifications or change in
this Agreement shall .be valid upon, the parties unless in writing
executed by the part~es to be bound thereby.
IN WITNESS WHEREOF, the Parties, hereto have set their ~ands
and seals this day!of .~/~~ , 19~
WITNESS:
As to Corporation (Customer)
CORP,O~AT,ION AS OWNER:
U.,U~Ffes{dent.. , - . ~
Secretary