R93-165RESOLUTION NO. R93-/~
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 ROBERT GRIFFIN, D/B/A TWIN
PALMS MOBILE HOME PARK; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject mobile home park is located on Military
Trail between Old Military Trail and Hypoluxo. Road, and consists of
19 mobile homes and one 2-bedroom house, all currently on a private
water system in the park; and
WHEREAS, Palm Beach County Health Unit has ordered the park to
upgrade their potable water system or connect to the City's 16-inch
water main; and
WHEREAS, this agreement is for potable water service only at
this time and the owner has requested amortization of the water
capital facilities charges as required by Section 723.046, Florida
Statutes for that portion of the charge exceeding $200.00 per unit;
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 Robert Griffin, d/b/a/ Twin Palm s Mobile
Home Park;
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 Robert Griffin, d/b/a/ Twin Palm s Mobile Home
Park, said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become
immediately upon passage.
effective
PASSED AND ADOPTED this ~' day of October, 1993.
ATTEST:
Ci~ Clerk
CITY_OF BOYNTON BEACH, FLORIDA
V~r
(Corporate Seal)
W/Ser.Agr
9/30/93
AGREEMENT FOR WATER. . SERVICE OUTSIDE THE CITY LIMITS
potation 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. Th
agrees to provt
Equivalent Residential Connections.
)tomar with water services from its
to service the project descrlbeo
· The Customer
Equivalent Residential
2. The Customer agrees to pay all costs of engJneerlng, 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 conformapce with all applicable
code~,~ rulesaod regulations of all service lines Upon the Customer's prem-
ises and all such lines shall first be approved by the Director of
Util~ittesan~ subject to inspection by t~ CityEngineers. 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 whichcase the Customer
will p~y in advance =llestimated Costs ~hereof. In the event, the City has
such work performed, the Customer will also advance such additional funds
as may be n~Cessa,ry t~ Pay~the total actual costs~
3. Any ~atn extension made under the Agreement shall be used only
the Customer,~nless permission isgranted~by the City of Boynton Beach f~
othe~ Party OK parties to connect pursuant to the Code ~f 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
llmits 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 refus(
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 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 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 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
there'l
vided under [hls
1 have no liability in the event
inwater service to be pro:
itions, restrictions, limita-
)tare or Federal agencies or
tots. Also the City shall
reductio~n, impairment or term-
the City of
or
mod
unl g
IN WITNESS
'this *~"~,Q~
WITNESS:
As to Customer
ld harmless
~ Commission,
~fficial capac
expenses
that the attached
Boynton Beach for
relates to land use
the
~the site
part o'f the City
Id
~ns shall be bind-
No
parties~
:set their hands and seals
INDIV/[DUAL(S) AS OWNER(S)
Customer
FOR INDIVIDUAL(S) NOTORIZATION:
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the Coun~ty aforesaid to take
P~knowledgements, personally appeared '/~mfr~,,,~. /)
/~o/;e,-½ /27 ~-~,~,~ , to me known to be the person ~ described in
an~ who executed the foregoing instrument and acknowledged before
that executed the same.
WITNESS my hand and officJQ1 seal in the County and State last afore-
(Notary Seal )
(~.ORGANNE RITA BARDEN , ]
~MM~N NO. CC~57~4 ~ ~
~M~N ExP. ~u~ ~.]~, j
' ~"y vubl i c
My Commission Expires:
5/26/89
WITNESS: CITY OF BOYNTON BEACH, FL
Mayor
As to City of Boynton Be~ch
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
ATTEST:
City Clerk
(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 ~o'be
the Mayor and City Clerk respectively of the City named in the
foregoing agreement and that they severally acknowledged executing the
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 Cor~nission Exoires:
City Attorney
Legal Description Approved:
City Engineer
5/26/89
Ist Addendum ~0 Agreemen~ for Water Service
dated
Providing for Amortization of Potable
Water Capital Facilities Charges
THIS AGREEMENT, made and entered into this
day of , 1993, by
and between the CITY OF BOYNTON BEACH, amunicipality of the
SCare of Florida, hereinafter called and ~efe~red
'~CIT¥", and Robert M. Griffin DBA Twin Pa.l~s Trailer Park
hereinafter called and referred to as "Robe~t~ M. Gr~ffin"~
WI~NESSE~
WHEREAS~ the CITY AND Robert M. Griffin have previously
entered into an Agreemen~ fo~ Water Service outside of the City
L~m~ts, dated
WHEREAS, said agreement for Water Service required Robert
Griffin pay the CITY Capital Facilities charges at the ~me water
service is provided, in accordance with existing City codes and
ordinances, and
~I~ER~i%S, Section 723.046 Florida Statutes requires the City
and other ~unicipalities 5o amortize a portion of the capital
facilities charges over a period of not less than e~ght
years, and
WHEREAS, Robert M. Gr~ff~n has requested amortization of the
capital facilities charges as required by Section 723.046 F.S.
Page Two.
NOW, THEREFORE, THE CITY OF BOYNTON BEACH AND Robert M.
Griffin agree as follows:
1. Robert M. Griffin agrees to pay the CITY a partial
capital facilities charge of two-hundred (200) dollars
per mobile home site prior to connecting those portions
of the mobile home park currently served by the on-site
water treatment system, to the CITY's potable water
system.
2. Robert M. Griffin also agrees to pay to the CITY
appropriate meter fees and deposits, as stipulated by
CITY code, prior to connection to the CITY'S potable
water system.
3. The balance of the water capital facilities charge shall
be amortized over a period of 8 years at an annual
percentage rate of eight and one-half (8.5) percent.
The monthly payment by Robert M. Griffin to the CITY for
19 mobile home sites and a two-bedroom house wlll
therefore be $284.7? per month for 96 consecutive months
beginning with the initial billing cycle after
connection. The monthly payment of $284.77 shall be due
and payable from Robert M. Griffin together with the
monthly payment for water usage as billed by the CITY.
4. Robert M. Griffin hereby agrees =o pay all rates for
water usage in connection with water service outside of
the CITY limits as appl~cabie under CITY ordinance and
Page Three.
/'*rate schedules~WhlCh are nowin effect ~r--as· may be
changed from 5ime ~o 5ime.
The CITY'and Robert M. Griffin hereby agree tha~ this
,'First Addendum to the Agreemen~ for Water services"
s~per~d~S~iy i~em Na..5 of t~regm~n5 for Water
Service O~tsideft'he ~ty L~mltS ,dated
w~thoutilmo~i~ying any~o~her pa~5 of said Agreemen5 for
Water Services.
IN WITNESS W~EREOF, the par~es hereto have set their hands
and seals this day o~ , 1993.
Secretary
FOR INDIVIDUAL(S) NOTARIZATION:'
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 acknowledgemen=s, personally appeared
..~ ,,~, ~_,..,f~ , tO me known to be the
person~S~ described in and who execu=ed the foregoing instrument
and they acknowledged before me that they executed the same.
WITNESS my hand and o~ficial, seal fn the County and State
'~?~/~--,~w/~ , 1993.
~as5 aforesaid this
(Notary Seal)
tary Public
Page Four-
WITNESS:
CITY OF BOYNTON BEACH, FL
Mayor
ATTEST:
City Clerk
(Corp. Seal)
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY thau on this day, before me an officer duly
authorized in the Stake 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 Ewo
subscribing witnesses freely and voluntarily under authority duly
vested in them by corporate seal of said City.
WITNESS my hand and official
last aforesaid this
seal zn the County and State
, 199
(Notary Seal)
Approved a~ to form:
Notary Public
My Co~mission
Expires:
City Attorney
[NW 1/¢], ~nd =he $ou=hwes= Ou~r%e~ [~W 1/4]
EXHIBIT "A"
GRIFFIN, Deceased, chis /O day of '~i/~_/' , 1987.
{NOTARIAL