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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 ~EEF~g~ E C~ % OF ;RIDGE CLUB RD J, J). I~ 74 :&ye,, I~yntQ~ 35~&eh 334 ~e ~o~ or beB~AnLnl o~ the heTeLn deoezLbed ~zeeX: ~enee N 89v Z6' 14" Z&m~ ~m%%e~ w~th ~e So~ %Me o~ m&Ld 8ee~on ~, m dLomnee of LIOS. 46' M ~e So~weo~ ,ernst og ~ot Ltl a~ the ~Teeozded 9~t' ~ PIAo T:ee Golf ~,..k. ,ko-e, Moo 4t' 38** ~8e a~ofl~ ~e Wei~rly ~YF of sold ~- MlliUry Tral~: ~onco delMrtiAS r~m ~e :bo~ o~ ti~d ~ecorOod ~ BEACH FA~LOi .C~O. 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