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