R94-94RESOLUTION NO. R94-~
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 LAWRENCE OAKS-ORIOLE, INC.;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is a 42 acre parcel of
undeveloped land located on the west side of Lawrence road, between
Hypoluxo Road and Miner Road; and
WHEREAS, the site is intended to accommodate 178 zero lot
line, single family patio homes; and
WHEREAS, the developer will be responsible for constructing
the on-site utilities, and connecting to existing water and force
mains located with the Lawrence Road right-of-way; and
WHEREAS, the Utility Department has advised that sufficient
water and sewer capacity to service this proposed project is
available;
WHEREAS, upon the recommendation of staff, the City Commission
of the City of Boynton Beach, Florida, deems it to be in the best
interests of the citizens and residents of the City of Boynton
Beach, Florida to execute a Water Service Agreement between the
City of Boynton Beach and Lawrence Oaks-Oriole, Inc.;
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 and Lawrence Oaks-Oriole, Inc., said Agreement
being attached hereto as Exhibit "A".
Section 2. This Resolution shall become
immediately upon passage.
PASSED AND ADOPTED this ~ day of June, 1994.
effective
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Ci~ Clerk
(Corporate Seal)
Water. Ser
Lawrence Oaks.Res
6/1/94
, J
AGR~.EMgHT FOR WATER ~SERVICE OUTmrDE Tile C%T? LIMITS
This agreenlent, made on this ......... day of
.... , 19.__. by-al~d between '
Lawr~nc-&' O~kS--Or~ole InC-~, _ , hereinafter ~.~lZea ~l~e
~ToMER';~~e ct~" o~-boyt~tO~ Beach, a municipal
corporation o~ the state of Ulocida, hereinafter c~lled the
"CITY" .
WITNESSETH, tibet the Customer, his heirs and assigns, for
mild in consideration of tl~e 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 Mul~icipal Water System only as necessary to service tl~e
project described in the Application for Water Service submitted
by Customer. Tl~e Customer has specified that there will be
178 Equivalent Resin,eater. iai. Connections and
t~{e City hereby agrees to serve those .... 118 Equivalent
Residential Connections.
2. The Customer agrees to pay all costs of engineerin~,
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 ~nataLla~loa and
conformance with all a~piicable codes, rules and regulations of
all service lines :upon the customer's premises and all such lines
shall ~it'st be approved by the Director of Utilities and sub)ect
to ittspection by City ~n~lneecs. Tl~e City shall have the option
of eitlMr requi~ing the Customer to perform the necessary work or
the City may have the wor~ performed in which case the Custome~-
will pay In advance all estimated costs chereo~. In the event
tile City has such wot-k performed, the Customer will also advent,.
such additional ~unds as may be necessary to pa~ the total actual
costs.
Any main extension made under the Agreement shall be
.,ec~-~-¥ for the cttstomu~, tinless permission is granted by the
Beach for othev party or parties to connect
the Code of Boy,ti. on Beach.
4. Title to all maius, exteitslotta and other facilities
~d from the City Wuter Distribution system to and Including
the metered service to Customer sltall-be vested in the City
exclusively. -
5. The Customer agrees to pay all charges, deposits, and
rates for service altd equlpmeltt in COillleCt~Otl with water set-vice
outside the City limits applicable unde£- City Ordinances arid rate
scltedules which are now applicable or as may be changed from time
~o 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, tiler all wats[- to be [urnlshed, supplied, altd sold
glider this Agreeaent ls made available from surplus. I~ the
surplus does trot exist at the time of Customer's actua[ request
Esr uommencement of service, as determined by the city's Director
of utilities, 'titan this City, wit[tout [iability, may refuse to
initiate set'vice to tbs sub]ec~ premises.
FOR CORPORATION NOTORIZAT £O[11
(Corporate Sea.[)
~TATE OF )
COUNTY OF )
I HZREBY CERTIFY tttal3 oll this day, be~oze me, au officer
duly authorized in the state aforesaid and tn ~he County
a~gres~a~d to~ take acknowledge~e~ps, personally appeared
corporation named In ~he foregoing Agreement and that they
severally'acknowledged executing the same in the presence o~ two
subscrib~ng w~tnesses ~reely and voluntarily under authority duly
ves~ed in them by said corporation and thac the seal a~fixed
thereto is the true corporate seal of said corporation.
WITNESS my
last aforesaid
(Notary Seal)
(Notary Seal)
WITNESS:
hand and:=f..ficial seal In tt~ COUntry and Stat~/
this _---~L~-__ day of
My Commission Expires
NOTARYpUB£iC, STATE O~
~N~D T~U NOTARY ~MC
CITY OF BOYNTON BEACH, F~
Mayor
AS to the City of"~0¥[,'~°n Ueach
~TATg OF FLORIDA )
COUNTY OF PAI~ BgACH )
ATTEST
City Clerk
(corp, seal)
Z HgRgBY CgRTIFY that on this day, before me an officer duly
authorized in the State aforesaid and in the County aforesaid to
..... /£" , , Mayor and
..... , City clerk well
~"Ow~7~*---the ~ore~o~-'-~'~f~en~-~ %6% they severally
ackn~Zedged executing the same in the presence of two
subscrlblnq witnesses freely and voluntarily under authority duly
ves~ed In ~hem by said City a~d that the City seal a[~ixed
thereto is the true corporate seal o~ said
WITNgS$ my hand and official seal in the county at~d State
last aeoresaid this day of
(Notary seal)
Notary Publlc
My Commission Expires:
'-:AP];Xov. ed.. as- ~:o
City Attorney
Legal Description Approved: