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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