R16-0151
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RESOLUTION NO. R16 -015
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AN AGREEMENT FOR WASTEWATER
SERVICE OUTSIDE THE CITY LIMITS WITH GULFSTREAM
SHORES OWNERS ASSOCIATION, INC. MODIFYING THE
CHARGES IMPOSED FROM THE CHAPTER 26, UTILITY RATE
ORDINANCE; AUTHORIZING THE CITY MANAGER TO SIGN
THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Gulfstream Shores Owners Association, Inc. located in the Town of
Gulfstream requested to connect to the City's wastewater transmission system to eliminate
a septic system; and
WHEREAS, Gulfstream Shores Owners Association, Inc. receives water services
frcm the Town of Gulfstream; and
WHEREAS, the modifications to the billing will provide fair and equitable charges
for sewer services and the averaging method will prevent discrepancies or dates and times
of headings and will not require manual field investigation or input for billing; and
WHEREAS, upon recommendation of staff, the City Commission of the City of
Boynton Beach Florida deems it to be in the best interest of the citizens of the City of
Boynton Beach to approve and authorize the City Manager to sign the Agreement for
Wastewater Service Outside the City Limits between the City of Boynton Beach and
Gulfstream Shores Owners Association, Inc. to modify the charges imposed by Chapter 26
Utility Rate Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
TfiE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
S: \CC \WP \Resolutions \2016 \R16 -015 Gulfstream Agreement.doc
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adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves and authorizes the City Manager to sign an Agreement for Wastewater Service
Outside the City Limits between the City of Boynton Beach and Gulfstream Shores
Owners Association, Inc. to modify the charges imposed by Chapter 26 Utility Rate
Ordinance, a copy of the Agreement is attached hereto as Exhibit "A ".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this 19th day of January, 2016.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Jerry Taylor w
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
VOTE
ATTEST:
¢ pith A. Pyle, Cl\
� City Clerk
(Corporate Seal)
S: \C% \WP \Resolutions \2016 \R16 -015 Gulfstream _Wastewater_Agreement.doe
1 1111111111 111111111111111111iIl1111111111 Ell 1 111I
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C F M 20160104785
fl 05 OI : CITY GLEF�i(`5 0 ICE BEACH OR BK 8189 PG 0:3
RECORDED 03V 29d 2U3.5 09:138:55
Palm Beach County, Florida
THIS INSTRUMENT PREPARED BY: 16 i' 1 (} . pri 2: 09 Sharon R. Bock, CLERK & COMPTROLLER
James A. Cherof, Esquire Pgs e390 - 393; (4 s )
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WASTEWATER SERVICE OUTSIDE
THE CITY LIMITS
THIS AGREEMENT made on this l day of ML , 2016, by and between
GULFSTREAM SHORES OWNERS ASSOCIATION, INC. hereinafter called the "Customer ",
and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter
called the "City ".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City
of Boynton Beach, Florida; and
WHEREAS, Customer requested that the City of Boynton Beach, Florida provide
wastewater service to the property owned by Customer; and
WHEREAS, Section 26 -9 of the City of Boynton Beach Code provides for residential and
commercial billing rates for properties with no water meter based on a maximum sewer usage of
seven thousand (7,000) gallons per unit per month; and
WHEREAS, Customer's property has been connected to the City's Municipal Sanitary
Sewer System since on or about July /August, 2013; and
WHEREAS,, Customer's property is not equipped with a City of Boynton Beach water
meter; and
WHEREAS, according to Customer's water bills for the past five (5) years, Customer's
average use per unit per month is four thousand (4,000) gallons;
NOW THEREFORE, for and in consideration of wastewater service provided to Customer by
the City's Municipal Sanitary Sewer System and the mutual covenants expressed herein, the City of
Boynton Beach and the Customer, its heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with wastewater service from its Municipal
Sanitary Sewer System to service the real property described as follows and which Customer
represents is owned by Customer: (Exhibit A)
2. The City hereby agrees to bill Customer for wastewater services at a monthly rate
based on Customer's average monthly use of 4,000 gallons per unit, per month for a total fifty (50)
units which reflects Customer's average use per unit per month for the past five (5) years or for the
{00108341.1 306- 9001821 1
•
period of 2010 -2015.
3. Subject to the billing rates in the multi -year schedule, this Agreement is valid for a
period of three (3) years from the effective date. In 2019, or three (3) years after this Agreement's
effective date, the City will review the Customer's preceding three (3) years' average consumption
per unit per month to make future adjustments.
4. The billing rates and charges for wastewater services provided under this Agreement,
shall be as set forth in the multi -year schedule and will be adjusted every year in accordance with the
City's Code.
5. The Customer agrees to pay all charges and rates in connection with wastewater
service under this Agreement.
6. Any and all wastewater connections made pursuant to this Agreement shall be used
only by the Customer and to the Customer's benefit, unless written consent is granted by the City of
Boynton Beach for other parties to connect. All connections shall be made in accordance with the
regulations of the City Boynton Beach and all regulatory entities.
7. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in wastewater service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies
or other agencies having jurisdiction over such matters. Also, the City shall have no liability in
the event there is a reduction, impairment or termination of wastewater service due to acts of
God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other
circumstances beyond the City's reasonable control.
8. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the
Customer's obligation under or performance pursuant to this Agreement including disputes for
breach of warranty of title.
9. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall
be valid upon the parties unless in writing executed by the parties to be bound thereby.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
{00108341.1 306 - 9001821 ) 2
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 1 day of
A A(LI , 2016.
WITNESS: CORPORAT ON AS OWNER(S):
By:
Witness Signature Its: / 64
Prin d Witness Name ���G , /.:: p i+ ame and Title 3- F Wsco P(e 5 i d e (, ' S$i <44
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Witness Signature e e, /-rco
{ CORPORATE SEAL}
Printed Witness Name l ° ` 4 '
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�r r'• ' `Fi ,tea `Gli �: �` .
A 41161.r Jd _ ,4J
Pri ,F ame
FOR CORPORATE NOTARIZATION:
STATE OF Fl ar i c1 A )
)ss:
COUNTY OF Poll rn B€ -1-, )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Assoc : oct'�d�s. c.
TO L% y� A irscoit as P t S w of Golf sfe i Stoles bolds named in the
foregoing agreement and that he /she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said Corporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation.
Witness my hand and official seal in the County and State last aforesaid this 1 day of
Mtick , 201 o
ar/
NOTARYn •� PUBLIC {qy
Printed Name
Note Public state Florida
(00108341.1 306 - 9001821) < • _ _, ^ -• u,,,,,'. ,.;.. �, >�s ,.;.'���'�K, 3 N Orezzoli of
}, ;� = y �•..�, '' �y.!;�'Y� ; 'y -`Z er',r - 4 1 My Commission FF 185210
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.', 7 i , oi t ' Expires 12/22/201
• �
'iX' Y�� - �,2 G ; :
My Commission Expires:
AGREEMENT FOR WASTEWATER SERVICE OUTSIDE THE CITY LIMITS
BETWEEN THE CITY OF BOYNTON BEACH AND GULFSTREAM SHORES
OWNERS ASSOCIATION, INC.
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
/ ., t/
Lori aVerriere, City Manager
ATTEST: .
ty Clerk-7,4k‘
Approved as to Fs ,. • ,
� { i ro
City Attorney a ,., , •
STATE OF FLORIDA ) .'
)ss:
COUNTY OF PALM BEACH) '
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State aforesaid alAd in the County aforesaid to take acknowledgments, personally
appeared Lc Lt Je x ewe_ , City Manager and Judith A. Pyle, Interim
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same 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 affixed thereto is the true corporate seal of said City.
WITNESS m -and and official seal in the County and State last aforesaid this i/ day of
201
(Notary Se 1) 1
, *: TAMMY 1 STANZIONE - � , ,,
• E MY COMMISSION # FF otary Public /
• • EXPIRES M 25, 2019
1 40 7, 3 98 0 53 Florida to or ico.
My Commission Expires: 3 />;? 5J/7
(00108341.1306- 9003821 ) 4