R14-096 11 ,
1 RESOLUTION NO. R14 -096
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AN AGREEMENT WITH THE CITY OF
5 LAKE WORTH AND HYPOLUXO & I -95 HOLDINGS, LLC., TO
6 PROVIDE WASTEWATER SERVICE TO A PARCEL ON THE
7 NORTHEAST CORNER OF HYPOLUXO ROAD AND HIGH
8 RIDGE ROAD; AND PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, Hypoluxo & I -95 Holdings, LLC., owns parcels of land within
11 unincorporated Palm Beach County at the northeast corner of Hypoluxo Road and High
12 Ridge Road and is currently in plan review with Palm Beach County to develop the
1 properties; and
14 WHEREAS, the project is located within the City of Lake Worth's utility service
15 area; and
WHEREAS, Lake Worth can provide potable water service but does not currently
i t have sanitary sewer lines in the area; and
l' WHEREAS, Boynton Beach maintains sanitary sewer lines in the vicinity of the site
j : which can be extended, at Hypoluxo & I -95 Holdings, LLC's costs, to allow Hypoluxo & I-
95 Holdings, LLC., to connect to Boynton Beach's sanitary sewer system in order to provide `
2 wastewater service; and
■ WHEREAS, the City Commission has determined that it is in the best interests of
the residents of the City to approve an Agreement with the City of Lake Worth and
Hypoluxo & I -95 Holdings, LLC., to provide wastewater service to a parcel on the northeast
' • corner of Hypoluxo Road and High Ridge Road.
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
i ; \apps3 city cbb \auto\Data\222\Items\213 \3145 \4087\Reso = _Agreement with _Lake_Worthand_Hypoluxo_I -95 Holdmgs(wastewater) doc
1 I
.4 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
i being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4f Section 2. The City Commission does hereby approve and authorize the Mayor
and City Clerk to execute an Agreement with the City of Lake Worth and Hypoluxo & I -95
Holdings, LLC., to provide wastewater service to a parcel on the northeast corner of
Hypoluxo Road and High Ridge Road, a copy of the Agreement is attached hereto as Exhibit
10 Section 3. This Resolution shall become effective immediately upon passage.
'i
11 PASSED AND ADOPTED this 7th day of October, 2014.
12 CITY OF BOYNTON BEACH, FLORIDA
j 3
• „y – Je/ , aylo 10'
■ i Mil
'ce ayor – Joe Casello
' s b. -'._
Com is _ Ravi•► u - ker
ommissioner Mack c ray
. ATTEST:
' / Commissioner — Michael M. Fitzpatri
,. M. Prainito, MMC
Clerk
:g GA ;44 '
:•
o • - Seal
I No :. � .{yam
a ,.y,�,1
I
\\apps3 cty cbbAautoAData\222 \Items \213\3145 \4087AReso - kgreementw nh Lake Worth and I-{ypoIuoI-95 Holdmgs_(wastewater) doc
i
i i ) ‘( 1 4--0(0
AGREEMENT
th
THIS AGREEMENT is made on this _ `O day of De -TObe✓ , 2014 between
the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach
County, Florida, hereinafter referred to as "Boynton Beach," or "City of Boynton Beach ", the
CITY OF LAKE WORTH, a Florida municipal corporation located in Palm Beach County,
Florida, hereinafter referred to as "Lake Worth" or "City of Lake Worth" and HYPOLUXO & I-
95 HOLDINGS LLC, a Florida limited liability company, whose post - office address is 360
Columbia Drive, Suite 102, West Palm Beach, FL 33409, hereinafter referred to as "Holdings ".
When used herein, Boynton Beach, Lake Worth and Holdings shall be deemed to include all of
their respective successors and assigns.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969," authorizes local governments and public agencies to enter into
interlocal agreements with each other to jointly exercise any power, privilege, or authority which
such agencies share in common and which each might exercise separately; and
WHEREAS, Section 171.203, Florida Statutes, authorizes the governing bodies of
municipalities to enter into interlocal Service Boundary Agreements concerning wastewater'
service delivery and treatment; and
WHEREAS, Holdings owns those properties, as described in Exhibit "A" attached
hereto and incorporated herein, located within unincorporated Palm Beach County, and is
presently engaged in plan review and subsequently plans to develop and improve said properties
(said properties being hereinafter referred to as the "Properties "); and
WHEREAS, the Properties are located within the Lake Worth utility service area, but
Lake Worth does not currently have sanitary sewer lines in the vicinity of the Properties; and
WHEREAS, Holdings has requested permission from Lake Worth to obtain such
provisional sewer service from Boynton Beach's sanitary sewer facilities; and
WHEREAS, the Properties are outside Boynton Beach's utility service area but Boynton
Beach does maintain sanitary sewer lines in the vicinity of the Properties which can be extended
to allow the Properties to connect to Boynton Beach's sanitary sewer system, in turn allowing the
Properties to receive wastewater service; and
WHEREAS, Boynton Beach has agreed to provide sanitary sewer /wastewater service to
the Properties; and
WHEREAS, Lake Worth will bill the owner(s) and/or tenant(s) (as applicable in
accordance with applicable party maintaining a potable water utility account(s) for such
Properties or portion(s) thereof), and their respective successors and assigns (such a party being
The term sanitary sewer system is synonymous with wastewater treatment system.
(00026167 1 306 - 9001821 }
Page 1 of 8
herein referred to as "End User "), of the Properties for wastewater services (such party herein
referred to as "End User "); and
WHEREAS, Lake Worth will become a customer of Boynton Beach for wastewater
services, and will be responsible for remitting payment to Boynton Beach for the wastewater
services provided to the Properties; and
WHEREAS, Boynton Beach, Lake Worth, and Holdings have agreed to enter into this
Agreement which will allow Boynton Beach to temporarily extend sanitary sewer lines to the
Properties located in Lake Worth's utility service area, subject to the terms of this Agreement;
and
WHEREAS, Such provisional hook -up shall continue only until such time as Lake
Worth provides for the installation of its sewer facilities adjacent to the Properties and available
for hook -up, at which time Holdings shall disconnect from Boynton Beach's facilities and
connect to Lake Worth's facilities within 90 days of notification by Lake Worth of the
availability of its facilities; and
WHEREAS, Holdings has agreed to pay the cost of extensions and improvements, as
shown in Exhibit `B ", attached hereto and incorporated herein, to Boynton Beach's sanitary
sewer system to service its respective Properties and, to pay connection and service charges with
respect to such Properties as provided by Lake Worth Code or regulation; and
WHEREAS, Holdings shall contract only with Lake Worth for all potable water service.
NOW, THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
1. The foregoing whereas clauses are true and correct and represent material
provisions of this Agreement.
2. Lake Worth agrees that Boynton Beach shall provide sanitary sewer lines to the
Properties, which Properties are located within Lake Worth.
3. Boynton Beach agrees to maintain those sanitary sewer lines servicing the
Properties to the extent located to the south of Hypoluxo Road, with Lake Worth agreeing to
maintain those sanitary sewer lines servicing the Properties to the extent located to the north of
Hypoluxo Road.
4. Lake Worth shall invoice the End User of the Properties for the wastewater utility
service provided to the Properties. Lake Worth shall be responsible for remitting payment for
such services to Boynton Beach
5. Boynton Beach agrees to provide treatment of wastewater discharged from the
Properties.
100096167 1 306 - 90016? 1
Page 2 of 8
6. The cost to Holdings for increasing the capacity of Boynton Beach's and/or Lake
Worth's sewer transmission system, so as to accommodate the additional flow from the
Properties, shall not exceed $10,000, due and payable at the time of the Palm Beach County
Health Department permitting plan submittal for the work described on the attached Exhibit "B"
to the City. All other costs associated with Holdings extending the sewer system to the
Properties shall be borne by Holdings.
7. Holdings agrees to pay all connection charges imposed by Lake Worth, with
respect to the Properties as set forth in Chapter 18 of the City of Lake Worth Code or regulation.
Following connection to the Boynton Beach sanitary sewer system, End User(s) shall pay
commercial waste water rates charged by Lake Worth for properties inside the City of Lake
Worth (sometimes hereinafter referred to as "Waste Water Charge ").
8. Holdings agrees to grant a sanitary sewer easement with respect to operation and
maintenance of the wastewater improvements described on Exhibit `B" and convey, upon
completion of the wastewater improvements described on the attached Exhibit `B" and
connection to Boynton Beach's sanitary sewer system, by Bill of Sale (a) to the City of Boynton
Beach the force main in the public right of way to the extent such force main is located to the
south of Hypoluxo Road and (b) to the City of Lake Worth the force main in the public right of
way to the extent such force main is located to the north of Hypoluxo Road. Holdings agrees to
operate and maintain in perpetuity all private wastewater improvements (including the private lift
station and private force main described on the attached Exhibit 'B ", but excluding the force
main in the public right of way) to the extent located on the Properties and not otherwise
dedicated or conveyed to Lake Worth or Boynton Beach.
9. In addition to other provisions contained herein, this Agreement constitutes an
Interlocal Agreement between the City of Boynton Beach and the City of Lake Worth for
cooperation and service boundaries for wastewater treatment entered into pursuant to The Florida
Interlocal Cooperation Act of 1969 and Section 171.203, Florida Statutes.
10. Such provisional hook -up shall continue only until such time as Lake Worth has
provided for the installation and makes available its own sanitary sewer lines to the Properties, at
which time Holdings shall disconnect from Boynton Beach's sewer facilities and connect to Lake
Worth's sewer facilities within ninety (90) days of notification by Lake Worth of the availability
of its facilities.
11. Upon disconnection from Boynton Beach's sewer facilities and connection to
Lake Worth's sewer facilities, (a) End User shall pay all outstanding charges with respect to the
Properties due to Lake Worth in accordance with this Agreement, (b) Lake Worth agrees to remit
final payment to Boynton Beach, (c) Boynton Beach agrees to convey by absolute Bill of Sale
whatever portion of said facilities Lake Worth desires to have at that time, together with
necessary easements for repair and maintenance and (d) End User shall further pay to Lake
Worth the regular sanitary sewer service charges imposed with respect to the Properties by Lake
Worth, as same may be changed or modified from time to time.
12. Nothing herein is intended to advance or support any annexation effort by either
Boynton Beach or Lake Worth with respect to the Properties.
{00026167 1 308- 9001821 {
Page 3 of 8
13. Lake Worth shall be responsible for providing water service utility to the
Properties in accordance with the ordinances, resolutions and procedures of Lake Worth
applicable to water service customers.
14. Boynton Beach shall make no attempt to expand its sewer service area(s) by
virtue of said provisional connection, nor make any claim of right adverse to that of Lake Worth
by virtue of said provisional hook -up.
15. Except as provided in Section 16 of this Agreement, Holdings shall not sell, lease
or give any right or privilege to utilize its sanitary sewer facilities to any other person whose
property is outside that described herein nor allow any such connection to such person whose
property is outside that described herein, without the written agreement of Lake Worth and
Boynton Beach.
16. Notwithstanding anything contained in this Agreement to the contrary, Holdings,
Lake Worth and Boynton Beach agree to the following provisions:
(a) An owner (an "Adjacent Owner ") of real property located within
unincorporated Palm Beach County, Florida and adjacent to the Properties having PCN#
00434504000007350 and/or 00434504000007340 (the "Adjacent Property "), may, in the future,
at its sole cost and expense, desire to connect the Adjacent Property to the sanitary sewer line
extensions and improvements to- be- constructed and installed by Holdings in accordance with
Exhibit `B" for the purpose of obtaining similar provisional sanitary sewer service to the
Adjacent Property from Boynton 'Beach's sanitary sewer facilities (the "Adjacent Property
Connection ").
(b) The Adjacent Owner shall be permitted ,to make such Adjacent Property
Connection, and such Adjacent Property Connection shall in no event be considered a breach or
violation of this Agreement, provided the following conditions precedent are satisfied:
(1) The Adjacent Owner, Lake Worth and Boynton Beach enter into
and record against the Adjacent Property an Interlocal Agreement, similar to this Agreement, for
cooperation and service boundaries for wastewater treatment consistent with The Florida
Interlocal Cooperation Act of 1969 and Section 171.203, Florida Statutes, governing the
provision of sanitary sewer service to the Adjacent Property and related costs, expenses and fees
due and payable by the Adjacent Owner (the "Adjacent Property Agreement "); and
(2) The Adjacent Owner and Holdings enter into and record against
the Properties and the Adjacent Property a sanitary sewer easement memorializing the Adjacent
Property Connection, outlining the terms, conditions and restrictions governing such Adjacent
Property Connection and providing for the reimbursement by the Adjacent Owner to Holdings of
an amount equal to the Adjacent Property's share of the total cost, expenses and fees (including
professionals' and attorneys' fees) incurred by Holdings in connection with the construction and
installation of the Exhibit "B" extensions and improvements (the "Adjacent Property
Easement "); and
(00028187 1 309- 9001821
Page 4 of 8
(3) Lake Worth opens a new customer account for the purposes of
memorializing the additional sale by Boynton Beach to Lake Worth of wastewater utility service
with respect to the Adjacent Property.
(c) Nothing contained in this Agreement shall be deemed binding or an
encumbrance on the Adjacent Property. Furthermore, nothing contained in this Agreement,
including this Section 16, shall obligate Holdings, the Adjacent Owner, Lake Worth and/or
Boynton Beach to enter into the Adjacent Property Agreement and/or the Adjacent Property
Easement Agreement, as the sole intent of this Section 16 being to outline an exception to the
restrictions provided for in Section 15 of this Agreement.
17. This agreement shall take effect upon execution by all parties.
18. In. the event a court of competent jurisdiction hereof holds any section, paragraph,
sentence, clause, or provision to be invalid, such holding shall not affect the remaining portions
of this Agreement, and the same shall remain m full force and effect.
19. This Agreement represents the entire understanding between the parties,
concerning the subject, and supersedes all other negotiations, representations, or agreements,
either written or oral, relating to this Agreement.
20. All of the covenants, benefits, and agreements herein will constitute covenants
running with the land, and will be binding upon. any and all individuals and entities, their
respective successors in interest, assigns, heirs, and personal representatives, having or hereafter
acquiring any right, title, or interest in and to all or a portion of the Properties. Responsibility for
the performance of any duty or obligation of Holdings (as the owner of the Properties) and any
subsequent owner of the Properties (or portion thereof) will be incidental to ownership of all or
any portion of the Properties and will pass to successors or assigns concurrently with the
conveyance thereof. Furthermore, liability of Holdings (as the owner of the Properties) and any
subsequent owner of the Properties (or portion thereof) will be limited to the Properties (or
portion thereof) it owns and that period of time during which it owns such Properties (or portion
thereof).
[SIGNATURES ON NEXT PAGE]
{00028187.1 308 9001821 ]
Page 5 of 8
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
ATTEST: r''' r �''
E o . WORTH, a Florida Municipal
By:,L, • )► x ' ,q G A.31
Pamela Lop z �• f
City Clerk • % ) it Q 'V v
s Ne
(Seal) � ''.•,, hl rE Of • % ".
APPROVED AS TO FORM
AND EGA SUFFICIENCY
Glen Torcivia
City Attorney
CITY OF BOYNTON BEACH, a Florida
Municipal Corpo atio
ATTEST:
err Tayl.l
or
` j Y 0`
y flt M. Prainito, CMC ty Clerk
(Seal) o ta
APPROVED AS TO FORM ti r M
AND LEGAL SUFFICIENCY
J. es A. Cher. P f
ity Attorney
HYPOLUXO & I -95 HOLDINGS, LLC
By
witness
ness 44-
Title: Yw5 4( N7) n cR-
■00.--
Witness
H•\ 9356\ 22938\ DSanrtarySewerAgreementHypoluxo &I- 95HoIdmgsBCH docx /bch
{00026167 1 306 - 9001821 1
Page 6 of 8
Exhibit " A"
South 1.2 or the Sbathwe,i 1/4 (lithe, Soutlokc'VI 1/4 of the Sout1n eel 114 of Section 4, Township
45 South, Range 43 East, Paltn Beach County, Florida, LESS AND TACIT I tights -of -way tier
Siatc Road 9 (US 1 -95). Hypulu .0 Road and High Ridge Road,
Also known as:
A parcel of land being u portion of the Southwest 114 of the Sonthwc+t }/4 of the SatlthwCht 1/4
of Section 4, Township 45 Smith, Rnnfe 41 Fast, Palm I tca..h County, Florida Said Pare el of
land hetng more particularly dcscnbed as fellows:
Commencing, al the Sttutttnest turner of said Seeli(nt 4, run North 02 degree$ 18' Ih' West,
along the Wi•.t line of said Section 4, ,t thslunce of 448.39 foe; thence South 89 degrees 50' 23"
East a distance of 40.03 feet to a point on the Eastetly right -of tasty tine of t ligh Ridge Rood
(80.00 foot wide tight -of -way); soil point being the Point 01 Beginning of the herein dc•crihed
puree! ol
Continue thence South 89 degrees 50' 23' Last along the North line of the South half of the
Southwest 114 or the Southwea 1;4 of the Sauthsseit 114 of said Section 4, a distance of 641 64
fret; thence South 02 degrees 17' (kl" East .(long the West linc of the West l,2 of the Last 112 of
the Southwest 1/4, oldie Southwest 1/1 of Section •1, a distance of 242 117 foot; thence South 57
degrees 39' 111' \\'est 4 distance of 51,35 fed, thence South 85 degree. 48'21" West n distance of
287 09 feet to a point on the Norlhe -dy right-of-wily line of I lypolu'co Road (108 foot wide ripht-
ot- way); thence along said Northerly righl.of =way line North 90 degrees 00' 00" West a distance
of 284.07 feet, thence North 40 degnies 119' t1 ' Wuu n distuttce of 14 6-1 feet, thence North (1?
degrees I li' 16" West ,( JoAnne.: of 270.21 led to,tlte Point 01
Parcel Nos.; 00- 43- 45- 04 -00- 000 -7380 & 00- 43- 45 -04 -00 -000 -7440
(00028167 1 306-9001 621 )
Page 7 of 8
Exhibit "B"
Description of Improvements and Extensions
• Private on -site lift station
• Private on -site force main
• Force main in public right of way, crossing Hypoluxo Road
• Connection to City's sewer system at manhole
• Any roadway or surface restoration
• Engineering, permitting, testing, etc. required for the above work
{000261671 306-9001821 {
Page 8 of 8
LA
fr4. OFFICE OF THE CITY CLERK
' 0
As
7 North Dixie Highway • lake Worth, Florida 33460 • Phone: 561- 586 -1662• Fax: 561- 586 -1750
%ORM
September 24, 2014
Janet M. Prainito, CMC
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33435 -3838
RE. Executed Agreement
Dear Ms. Prainito:
On September 23, 2014, the City Commission approved an interlocal
agreement between the City of Boynton Beach, City of Lake Worth, and
Hypoluxo & 1 -95 Holdings, LLC to supply potable water and wastewater
service to the Hypoluxo Shoppes properties. Enclosed are two agreements
executed by the City of Lake Worth.
Upon execution, please return one original Agreement to the City Clerk's
Office for our official records.
Sincerely,
Pamela J. Lopez, MMC
City Clerk
Cc: Monica Shaner
Enclosures
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
t / i d � BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
E -mail: prainitoj@bbfl.us
www.boynton-beach.org
October 10, 2014
MS PAMELA J LOPEZ MMC
CITY CLERK
OFFICE OF THE CITY CLERK
CITY OF LAKE WORTH
7 NORTH DIXIE HIGHWAY
LAKE WORTH FL 33460
Dear Pam:
Enclosed is a copy of Resolution R14 -096 and one (1) fully executed original Interlocal
Agreement between the City of Boynton Beach, the City of Lake Worth, the Town of Hypoluxo
and 1 -95 Holdings, LLC to supply potable water and wastewater service to the Hypoluxo
Shoppes properties. This agreement was approved by the City Commission at their regular
meeting on Tuesday, October 7, 2014.
If there are any questions or concerns, please let me know.
Very truly yours,
CITY OF BOYNTON BEACH
CO
Janet M. Prainito, MMC
City Clerk
Enclosure (1)
5 \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2014 \Transmitting R14 -096 & Fully Executed Interlocal Agreement docx
America's Gateway to the Gulfstream