R95-101ATTEST:
RESOLUTION NO. R95-/,~/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A WATER SERVICE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND C. STANLEY
WEAVER, TRUSTEE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the subject property is located at the northeast corner of Lawrence
Road and Woolbright Road, and is not contiguous to the City limits at this time; and
WHEREAS, the subject parcel is currently being proposed for 150 single family
homes, and will be platted through Palm Beach County's Land Development
Procedure; and
WHEREAS, water and sewer mains are available in the right-of-way adjacent
to the parcel, the sewage lift station may require upsizing to accommodate this
development, and it has been agreed that all costs for upsizing and/or improvements
shall be borne by the developer in accordance with condition 2 of the Agreement;
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 Water Service Agreement between the City of Boynton Beach, Florida and
C. Stanley Weaver, Trustee, said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ,~ day of July, 1995.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
~"~missio~er)/
WaterSer. Agr
Weaver.6/27,~g5
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
This agreement, made on this. day of
by and between c. Stanley: Weaver, ~¢~'O'~'[ee ' ,
, her~naft~'F-
called the "Customer,,, and the city of 8oynton Beach, a municipal cor-
poration of the State of Florida, hereinafter called the "CITY".
WITNESSETH, that the Customer, his heirs and assigns, for and in con-
sideration 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 from its
Municipal Water System onlyas necessary to service the project described
in the Application for Water SerVice submitted by Customer. The Customer
has specified that therewill be :/J-~ Equivalent Residential
Connections and the City hereby agree~t,p~serve those 1.~'--~
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 installation and conformance with all applicable
codes, rules and regulations of all service lines upon the Customer's prem-
ises and all such lines shall first be approved by the Director of
Utilities and subject to inspection by the 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
service 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 corrmnencement 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 I71.044 of the Florida Statutes or any successor or amendment
thereto. Furthermore, should any other general law, special act, or local
law be enacted which provides for voluntary or consensual annexation, this
Agreement shall also be considered a petitionary request for annexation
under such other laws-. The pi"~,,,i~ uha'ii 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
intedded to be and is hereby made a covenant running with the land
described in "Exhibit A", attached hereto and made a part hereof. This
Agreement is to be recorded in the Public Records of Palm Beach County,
Florida, and the Customer and all subsequent transferees, grantees, heirs
or assigns of Customer shall be bound by this Annexation Agreement.
5/26/89
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 pro-
vided under this Agreement due to any prohibitions, restrictions, limita-
tions or requir( ca , State or Federal agencies or
other over such matters, Also the. City shall
have no )ili re is a reduction, impairment or term-
ination of water service due to acts of God, accidents, strikes, boycott:s,
bl ties or other circumstances
11. The Cus
the City of E
Officers·
ities]
including rea
in c
resulting
this Agreement
t
es to indemnify, defend and hold harmlessJ
· ~its Members of City Commissi_L~on, J
individual and official Oac~
and expenses
not incurred on appeaL~r
costs rising out of or
performance pursuant to
12. It is understood by Customer and by the City that the attached
site plan "EXhibit B" has: been reviewed 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 con~nitment on the part of the City
to ifa an results in a change in land
use, or an incf uivalent residential connections.
13. No prior or present agreements or representations shall be bind-
ing on any of theiparties 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.
this
IN WITNESS WHEREOF·the parties hereto have set their hands and seals
7th day of June , 19.95.~_.
WITNESS)
As to Customer
INDIVIDUAL(S) AS OWNER{S
Weaver Dairies Trust
..... m.-% L <_. · ..........
Customer c~' Stanley Weaver,
Trustee
FOR INDIVIDUAL{S) NOTORIZATION:
STATE OF FLORIDA
COUNTY OF PALM BEACH
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 c. Stanley Weaver
, to* me known to be the person described in
and who executed the foregoing instrument and he ackn--6gTedged before m
that ha . executed the same.
WITNESS my hand and official seal in the County and State last afor__e-
said this 7 day of .T,,~m
'Ndtar~ Publ - /'
My ConTnission Expires:
5/26/89
WITNESS:
CITY OF BOYNTON BEACH, FL
Mayor
As to City of Boynton Beach
STATE OF FLORIDA )
COUNTY OF PALM BEACH }
ATTEST:
City ClerE
(Corp. Seal)
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 afore-
said this day of 19
(Notary Seal )
Approved as to form:
Notary Public
My Commission Expires:
City Attorney
Legal Description Approved:
City Engineer'
5/26/89
ViVtAN M. KNAPF~ c~ A.
CRAIC- R GLASSER
FIRANK W. WF_.ATHE~S
OF COUNSEL
Weathers & Knapp
ATTORNEYS AT LAW-
8,14 LANTANA I~:OAD
LANTANA, FLOI~IDA 33462
[407] 586-21'14
FACSIMILE [407] 533-7962
June 16, 1995
Boynton Beach, Florida Utility Department
124 East Woolbright Road
Boynton Beach, Florida 33435
Attention: Mr. Peter Mazella
RE:
Weaver Development Corporation/Water Service Agreement
for the City of Boynton Beach, Florida and ~'
Property located at the northeast corner of Lawrence
Road and Woolbright Road
Our File No. 3/4/95
Dear Mr. Mazella:
It is our understanding that the Boynton Beach Utility Department
is requiring all parties who enter into Water Service Agreements
with the city to provide a letter from an attorney indicating that
the property subject to the Water Service Agreement is in title
ownership to the party that signs the agreement.
I am an attorney licensed in the State of Florida and have
represented Weaver Development Corporation for many years. The
subject property described in Exhibit "A" has .ownership and title
vested in the name of C. Stan%ey Weaver, Trustee, as evidenced by
Deed recorded in official Record Book 2423, at Page 721, Public
Records of Palm Beach County, Florida. A copy of the Deed is
attached hereto for your file.
Should you require anything further, please do not hesitate to
contact me.
Very truly yours,.
'Frank W. Weathers
FWW / bd
Enclosure:
CC:
C. Stanley Weaver
Weaver Development Corporation
Shawn E. Nieman, Kilday & Associates
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