R17-107 1 RESOLUTION NO. R17-107
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AN AGREEMENT WITH THE CITY OF
5 • LAKE WORTH AND AL HYPOLUXO, LLC, TO PROVIDE
6 WASTEWATER SERVICE TO A PARCEL ON THE NORTHEAST
7 CORNER OF HYPOLUXO ROAD AND HIGH RIDGE ROAD;
8 AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT;
9 AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, in 2014 the City executed an agreement with the City of Lake Worth
12 and Hypoluxo & I-95 Holdings, LLC., to provide water and sewer service to a property at
13 the northeast corner of Hypoluxo Road and High Ridge Road; and
14 WHEREAS, the agreement contained provisions to also provide service to the
15 adjacent property to the east, which is owned by AL Hypoluxo, Inc.; and
16 WHEREAS, this agreement will be in effect until such time as Lake Worth extends
17 its sanitary sewer facilities to the site and are available for hook-up; and
18 WHEREAS, the City Commission has determined that it is in the best interests of
19 the residents of the City to approve an Agreement with the City of Lake Worth and AL
20 Hypoluxo, LLC., to provide wastewater service to a parcel on the northeast corner of
21 Hypoluxo Road and High Ridge Road.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. The City Commission does hereby approve and authorize the Mayor
28 to sign an Agreement with the City of Lake Worth and AL Hypoluxo, LLC., to provide
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29 wastewater service to a parcel on the northeast corner of Hypoluxo Road and High Ridge
301 Road, a copy of the Agreement is attached hereto as Exhibit"A".
31 Section 3. This Resolution shall become effective immediately upon passage.
32
33 PASSED AND ADOPTED this 7th day of November, 2017.
34 CITY OF BOYNTON BEACH, FLORIDA
35
36 YES NO
37
38 Mayor— Steven B. Grant </
39
40 Vice Mayor—Justin Katz
41
42 Commissioner—Mack McCray
43
44 Commissioner—Christina L. Romelus V
45
46 Commissioner—Joe Casello
47
48 C_0
49 VOTE —'
50 ATTEST:
51
52
53 /. , 2/-((
54 Jup A. Pyle, CMC ?Pk._
55 ty Clerk
56
,
57 eoYN4.
58 (Corporate Seal)
•
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AGREEMENT
THIS AGREEMENT is made on this /7 day of Oc ob eye , 2017 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 AL Hypoluxo,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 "Owner". When used herein, Boynton
Beach, Lake Worth and Owner 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, Owner owns those properties, as described in Exhibit "A" attached hereto
and incorporated herein, located within unincorporated Palm Beach County, and is presently, or
will hereafter be, engaged in plan review and subsequently plans to develop and improve said
properties(said properties being hereinafter referred to as the "Properties"), and which Properties
are the"Adjacent Property"as defined in that certain Agreement dated October 10,2014 between
Hypoluxo & I-95 Holdings LLC, a Florida limited liability company ("Holdings"), Lake Worth
and Boynton Beach(the "Existing Agreement"); 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,Owner 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
The term sanitary sewer system is synonymous with wastewater treatment system.
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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 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 Owner 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 Owner 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,Owner 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, Owner 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' Service Area.
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.
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6. The cost to Owner 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 of Boynton Beach. All other costs associated with Owner extending the sewer system to the
Properties shall be borne by Owner, provided the foregoing shall not be deemed to be an
assumption by Owner of"any costs, expenses or fees otherwise due and payable under the Existing
Agreement.
7. Owner agrees to pay all connection charges imposed by Lake Worth, with respect
to the Properties as set forth in 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 Service Area (sometimes
hereinafter referred to as"Waste Water Charge").
8. Owner agrees to grant a sanitary sewer easement with respect to operation and
maintenance of the wastewater improvements described on Exhibit"B". Owner agrees to operate
and maintain in perpetuity all private wastewater improvements (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 Owner 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.
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
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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, Owner 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, Owner,
Lake Worth and Boynton Beach agree to the following provisions:
(a) With respect to the Existing Agreement:
(1) This Agreement shall be deemed to satisfy the condition outlined in
Section 16(b)(1) of the Existing Agreement, and otherwise be considered the "Adjacent Property
Agreement"(as defined in the Existing Agreement).
(2) Lake Worth agrees to open 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 Properties, subject to the terms, conditions and obligations under this
Agreement.
(3) Owner, for the purposes of making the Adjacent Property
Connection(as defined in the Existing Agreement), would still be required, along with Holdings,
to enter into and record the Adjacent Property Easement(as defined in the Existing Agreement).
(4) Nothing contained in this Agreement shall be deemed binding or an
encumbrance on the Existing Agreement Property.
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 in 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
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performance of any duty or obligation of Owner (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 Owner (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).
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Exhibit " A"
The West Half(W 1/2)of the East Half(E 1/2)of the Southwest Quarter(SW 1/4)of the Southwest
Quarter(SW 1/4) of Section 4, Township 45 South, Range 43 East, Palm Beach County, Florida,
LESS the North 1019.90 feet thereof, as measured along the East and West lines of the West Half
(W 1/2)of the East Half(E 1/2)of the Southwest Quarter(SW 1/4)of the Southwest Quarter(SW
1/4) of Section 4, and LESS the Right-of-Way for I-95.
Parcel Control Numbers: 00-43-45-04-00-000-7340 & 00-43-45-04-00-000-7350.
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Exhibit "B"
Description of Improvements and Extensions
• Sewer extension and connection to connect Properties, by and through the improvements
and extensions required to be constructed by Holdings under the Existing Agreement(the
"Existing Agreement Improvements"),to Boynton Beach's sanitary sewer system to
service its respective.
• Engineering,permitting,testing, etc. required for the above work
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