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R93-29 RESOLUTION NO. R93-~ A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY REGARDING PAYMENT OF CAPITAL FACILITIES CHARGES ON BEHALF OF THOSE RESIDENTS OF THE TRADEWINDS ESTATES SUBDIVISION SO ELECTING, SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, on February 16, 1993~ the City Commission by Resolution 93-22 entered into an Agreement with Palm Beach County providing for the satisfaction of the City's capital facilities charges by Palm Beach County on behalf of those residents of the Tradewinds Estates Subdivision so electing; and WHEREAS, the City of Boynton Beach has received a revised Agreement from the County Engineer's office incorporating some significant changes in the form, but not the intent of the Agreement approved on February 16, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COmmISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, upon recommendation of staff, hereby authorizes and directs the Mayor and City Clerk to execute the revised Agreement between the City of Boynton Beach and Palm Beach County, attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ATTES~: Authsig. WP5 day of March, 1993. CITY OF BOYNTON BEACH, FLORIDA ~ ~ ~ Compri s s i~o~er AG~gEMI~IT BETWI~3~ TITE~ CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FLORIDA PROVIDUNG FOR ~ SATiSFACtION OF THE~ CITY'S CAPITAL FACH~ITIE$ CHARGES BY PALM BEACH COI~NTY ON BEHALF OF THOSE RESIDENTS OF THE TRADEWINDS ESTATES SUBDMSION SO ELECTING. THIS AGREEF~AqT, made and entered into this day of , 1993, by and between the COUNTY OF PALM BEACH, a political subdivision of the State of Florida, hereinafter called and referred to as the ,,COUNTY" and the CITY OF BOYNTON BEACH, a municipality in the State of Florida, hereinafter called and referred to as the H 'r T N E S S E T H WHEREAS, the CITY and the COUNTY are authorized to enter into this agreement pursuant to Section 163.01, Florida Statutes, as amended, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual 9dvantage; and WHEREAS, the COUNTY has caused to be constructed water and sewer facilities in the Tradewinds Estates Subdivision; and WHEREAS, upon completion of construction, the water and sewer facilities will become the property of, and will be operated and maintained by the "CITY"; and WHEREAS, the "CITY" collects a capital facilities charge to cover the cost of existing or additional water and sewer treatment facilities from residents as they connect to the water and sewer facilities; and WHEREAS, said capital facilities charges can impose a hardship and remove any incentive to voluntarily connect to the water and sewer facilities; and WHEREAS, the "COUNTY" is willing to satisfy the capital facilities charges for those residents of Tradewinds Estates who so choose, and allow them to pay the "COUNTY" back over a ten year period at 10% per year simple interest. NOW, THEREFORE, ~ IN CONSIDERATION OF THE MUTUAL COVENANTS .... p~RTIES TO THIS A~REEHENT ~:AG~E AS! FOLLOWS: The recitals ~,se-t~~ forth abo~e, a=e~ hereby~ ~adop~ed and i incorporated in this agreement. ~he "~0UNTY" a~reestg: - U '~h'com ~etion ofthe water~ distributiQn facilities, A~ . .p ~ P ....... a limited time period in which into a water serviceagreement with the "CITY" and the "COUNTY" will pay their capital facility charges. B.Provide the "CITY" with a list of property owners within the Tradewinds Estates Subdivision. C. Upon receipt of a list from the "CITY" showing the name, address, and individual capital facility charge for each resident of Tradewinds Estates who have taken advantage of thisarrangement along with an invoice for the total charges, pay to the "CITY" the full amount shown on the invoice. 3. The "CITY" agrees to: A. Allow those residents of.the .Tradewinds Estates Subdivision electing to have the "COUNTY" pay their facilities charges to execute a water service agreement and immediately connect to the water system. B. Prepare a list of those residents of Tradewinds Estates taking advantage of this agreement and forward it along with an invoice for the total charges to the "COUNTY". 4. This Agreement shall be executed in triplicate and the "COUNTY" shall retain two (2) and the "CITY" shall retain one (1) copy. Ail shall be considered an original. 5. Any and all notice required or permitted to be given here under shall be deemed received five (5) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. Ail notices to the "CITY', shall be sent to: The City of Boynton Beach 124 S.E. 15th Avenue Eoynton Beach, Florida 33435 ATTENTION: John A. Guidry, Director of Utilities Ail notices to the "COUNTY" shall be sent to: George T. Webb, P.E. County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416 ATTENTION: Engineering Coordination / / 6. ENTIRE AGREEMENT. This agreement constitutes contract between the parties hereto and supersedes understandings, if any. There are no other oral promises, conditions, representations, understandings or terms of the entire all prior or written any kind as conditions of inducement to the execution hereof and none have been relied upon by either party. Any subsequent conditions, representations, warranties or agreements shall not be valid and binding upon the parties unless they are in writing and signed by both parties and executed in the same manner as this Agreement. 7. BEVERABILIT¥: In the event any term or provision of this Agreement shall be held invalid, such invalid term or provision hereof and all such other terms and provisions hereof shall be enforceable to the fullest extent permitted by law as if such invalid term or provision had never been a part of this Agreement. 8. EFFECTIVE DATE: This Agreement shall become effective upon its execution by the "COUNTY" and the "CITY". 9. 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. 10. This Agreement shall be recorded in the public records of Palm Beach County pursuant to Section 163.01, Florida Statutes. -3- IN WITNESS WHEREOF, the County of Palm Beach, Florida, has caused this Agreement~o be~gned by th~ Chairman of the. Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the clerk of said Board, pursuant to authority granted by said Board, ~and affixed hereto, above written. the "CITY, has caused this ~seal to be year first CITY OF BOYNTON BEACH MAYOR PALM BEACH COUNTY, FLORIDA, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS By: ATTEST: ATTEST: SUE KRusE, CITY CLERK DOROTHY H. WILKEN, CLERK By: APPROVED AS FOR FORM AND LEGAL SUFFICIENCY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CITY ATTORNEY COUNTY ATTORNEY REF:BOYNTBCH.AGR