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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