R92-188 RESOLUTION NO. R92-/~
A RESOLUTION OF THE CITY COM~-ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND ROYAL MANOR MOBILE HOME PARK, A
COPY OF SAiD AGREEMENT BEING ATTACHED
HERETO AS EXHIBIT ~"A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, this matter has appropriately been reviewed by
City Staff and staff has recommended approval for sewage
service only at the present time; and
WHEREAS, the City Commission of the City of Boynton Beach
deems it to b~ in the b~st interest of the residents of the
City to execute said Water Service Agreement;
NOW, THEREFORE, BE IT RE~OLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNT~N BEACF~, FLoRIDA THAT:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a certain Water Service
Agreement between the City of Boynton Beach, Florida and Royal
Manor Mobile Hom~ Parks upon staff recommendations, said
Agreement being a~tached hereto as Exhibit "A".
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~ day of October, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Ma~r
ATTEST:
Clerk
(CorF, orate S al;
RoyalManor. AGR
i0/i3/92
G R :EMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
This agreement, made on this 7~h day of
October , 19 97 by and between
)yal Manor Mobile Home Estates, ~n~ereinafter called the
"CUSTOMER", and the City of Boynton Beach, a municipal
corporation of the State of Florida, hereinafter called the
"CITY".
WITNESSETH, that the Customer, his heirs and assigns, for
and in consideration of the privilege of receiving water service
from the Municipal Water System agrees to the following:
1. The City agrees to provide Customer with water services
from its Municipal Water System only as necessary to service the
project described in the Application for Water Service submitted
by Customer. The Customer has specified that there will be
457 Equivalent Residential Connections and the City
hereby agrees to serve those 437 Equivalent Residential
Connections.
2. The Customer agrees to pay all costs of engineering,
material, labor, installation and inspection of the factilities
as required by the City Code to provide service to the Customer's
premises. The Customer shall be responsible for installation and
conformance with all applicable codes, rules and regulations of
all service lines upon the Customer's premises and all such lines
shall first be approved by the Director of Utilities and subject
to inspection by the City Engineers. The City shall have the
option of either requiring the Customer to perform the necessary
work or the City may have the work performed in which case the
customer will pay in advance all estimated costs thereof. In the
event the City has such work performed, the Customer will also
advance such additional funds as may be necessary to pay the
total actual costs.
3. Any main extension made under the Agreement shall be
used only for the Customer, unless permission is granted by the
City of Boynton Beach for other party or parties to connect
pursuant to the Code of Boynton Beach.
4. Title to all mains, extensions and other facilities
extended from the City Water Distribution System to and including
the metered service to Customer shall be vested in the City
exclusively.
5. The Customer agrees to pay all charges, deposits, and
rates for service and equipment in connection with water service
outside the City limits applicable under City Ordinances and
rate schedules which are now applicable or as may be changed from
time to time.
6. Any rights-of-way or easements in this area shall be
provided by the Customer.
7. It is understood by the Customer, and shall be binding
upon the Customer, his transferees, grantees, heirs, successors
and assigns, that all water to be furnished, supplied, and sold
under this Agreement is made available from surplus. If the
surplus does not exist at the time of Customer's actual request
for commencement of service, as determined by the City's Director
of Utilities, then this City, without liability, may refuse to
initiate service to the subject premises.
8. The Customer further agrees in consideration of the
privilege of receiving water service from said city, that the
execution of this Agreement is considered to be a voluntary
Petition for Annexation pursuant to Section 171.044 of the
Florida Statutes or any successor or amendment there$o.
Furthermore, should any other general law, special, act or local
law be enacted which provides for voluntary or co,sensual
annexation, this Agreement shall also be considered a petitionary
request f. or annexation under such other laws. The premises shall
be subject to annexation at the option of the City at any time
they are eligible under any one or more of the above referenced
laws concerning annexation. Customer will inform any and all
)urchasers of any or part of this property of this voluntary
)etition for annexation and its applicabilities to such
)urchasers.
9. The Customer acknowledges that this covenant for
~nnexation is intended to be and is hereby made a covenant
running with the land described in "Exhibit A", attached hereto
and made a part hereof. This Agreement is to be recorded in the
Public Records of Palm Beach County, Florida, and the Customer
and all subsequent transferees, grantees, heirs or assigns of
Customer shall be bound by this Annexation Agreement.
10. It is agreed that the City shall have no liability in
the event there is a reduction, impairment or termination in
water 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 water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties
or other circumstances beyond the City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold
harmless the City of Boynton Beach, Florida, its Mayor, Members
of City Commission, Officers, employees and agents (both in'their
individual and official capacities) from and against all claims,
damages, lawsuits, and expenses including reasonable attorneys'
fees (whether or not incurred on appeal or in connection with
post judgement collection) and costs rising out of or resulting
from the Customer's obligation under or performance pursuant to
this Agreement.
12. It is understood by Customer and by the City that the
attached site plan "Exhibit B" has been reviewed by the City of
Boynton Beach for compatability with the City's comprehensive
plan as it relates to land use and density, found to be generally
acceptable to the City and is to be the guide for development of
this subject land. In the event that the site plan is not
approved, there shall be no commitment on the part of the City to
serve Customer if a subsequent site plan results in a change in
land use, density or an increase in equivalent residential
connections.
13. No prior or present 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
iparties to be bound thereby.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals this 7~h day of October , 19 92
WITNESS: CORPORA~I¢ N AS OWNER:
s ~-~rP°~ation (Customer) '' .... Se6ret~y
FOR CORPORATION NOTORIZATION:
£'~'M~~C~T~'¥.7.that on this day, before me an officer
duly authorized in the State aforesaid and in the County
5foresaid to take acknowledgements, personally appeared
Ted J_ Miller and Rose MArie Miller well known
to me to be the President and Secretary respectively of the
:orporation named in the foregoing Agreement and that they
severally acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority
duly vested in them by said corporation and that the 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 7th day of October , 1992
Notary Public N~3' ~.~,
:, ' ~onded Thru [roy Fain - msurunce Inc,
?/ My Commission Expires:
CITY OF BOYNTON BEACH, FL
ATT
~S ~O City~ ~ynton Beach
~TATE OF FLORIDA ) ~ ~
2aUNTY OF PALM BEACH ) * '~ -.'< ''-
' ~ - ,1t' ) ' ' .?~'~
Z HEREBY CERTZFY that on this da~, before me an officer duly
~uthorized in the State aforesaid and in the County aforesaid
bake acknowledgements, personally appeared
~o.~~ , Mayor and
~ ~¢~, ~. ~,.~City Clerk well known to me
~o ~e the Mayor and City Clerk r~s~ctively of the City named in
bhe foregoing agreement and that they severally acknowledged
Bxecuted the same in the presence of two subscribing witnesses
freely and voluntarily under authority duly vested in them by
aid City and that the City seal affixed thereto is the true
orporate seal of said City.
WITNESS my hand and official seal in the Cou
last aforesaid this ~ day of
Notary Seal)
Public
My Commission
y Attorney
Legal Description Approved:
~Tn~T~ ~G~-e~L ~ City Engineer
" ~AmJ. DJ_Z A is Inatrumemt wee prepared by
JOHN H. CO~NELLY
924 B'~scayne Builmng
. Miami, Florida 33130
TED J, MILLER AND ROSE ~RIE MILLER
o~ g~~tV o~ Palm Beach , grate O/ Florid
u~9 L~ence Ro~ ~ton Beach~ FIo~id~C' a F ¢or~rahon
of t~e ,urn of TEN DOLLARS
~ ~ ~oreuer, the ol ~ he aeoo~d ar ~ a~ted,
T~e Southwest QUarfer oF t~e Souf~e~sf Quu~er~ f~e No~wesf Queer
the Southea~ Queer; the North 2~ Feet of the Southea~ Qua~er of the
Southea~ .~~ EXCEPT a ro~ right-of-way recorded in O. R. 1823,
P~e ~ and EXCEPT the South II0 Feet of the N~th 2~ feet of the East
200 Feet of the We~ 5~ feet of the Southeast Quarter of the Southea~
Qumter of Section 13~ Township 45 South, Ra~e 42 East, Palm Beach
County, Florida, contaFnlng 83.3 acres, more or le~.
Subject ~ taxes For 1972 and all encumbrances of reco~
and ~ill defend the aame alain~t the law
~ ,.,,~ ~r~r part do herebp ~ll~ ~rant the title
~te of ~orida t
, ~ c ~KIE MILLER
~unty of PA~ BE~CH r
HEREBY ~RTi~, r~t o~
to me to be the in ,
Jebn B. OunkJe
RAMCO FORM 8
~D J. ~R ~d R~E ~IE MILER, ~is wife
~Y~ ~oR ~BI~ H~ ESTA~S, INC.
m~o'~p~off~e~ ~ 8779 ~ence ~ad, P.O. Box 820, ~ton Beach, Flori~ 3343~
second p~ty :
(Wherever used h~reln ~he ~erm~ "first par~?" and "~econd party" ~hal] include ~ingu]ar and plural, he~r~, le ~l
repre~n~tives, nnd a~sJgns of ]ndividual~, and the successor~ and ~i~ns of co-oornt;~.. ..,~- - ' g
so ~mlts or Tequila,)
'~ ...... , w.=rever me context
in ~an~ pai~ ~y t~e sai~ second ~e~y, t~e receipt wAereo~ ts ~eee~y ac~nowJo~ge~, does ~eeby ~m/~e,
le~e and quit.claim unto t~e said aeco~ party forever, all t~e right, title, tnterest, claim and demand which
thy said [irst ~artY has in and to t~v tollowin~ desc~b~d lot, piece or parcel o[ land, situate, lyin~ and
in the County of Palm Bea~ Stat~ of Flori~ . to-wit:
A parcel of l~d in Section 1~. To. ship 45 South. ~ge 42 E~t. Palm
~a~ ~ry. Flo~da. more particularly described as follows:
~e South 110 feet o~ ~e North 280 feet of ~he E~ 200 fee~ of ~e
ffesr 550 ~ee~ of the Southeast q~r~er of the Southe~r qua~er of said
~cti~ 15. T~R wi~ the i~rove~n~s thereon ~d fixtures therein.
~eionging or in anywise appertaining, an~ all t~e estate, right, title, interest, lien. equity an~ c~im w~al-
second party fOrever.
I HEREBY CERTIFY that on this day, before me, an
~ 0 officer duly authorized in the State aforesaM an~ in the Gounty aforesaid to take acknowledgments, personally appeare~
~0 to me known to be the person, described in and who executed the foregoing instrument and they acknowledged
~.~ before me that they ~ec.~d th~ ~.
// WITNESS my hand and official seal in the County a-~tate, -
last aloresalo
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SEWAGE COLLECTION SYSTEM "~'
.... EXIS~G "
SEWAGE COLLECTION MAIN ',~ ~ ,':~'~c~%
SIZE & S~OPE ' ........
SANITAR~ MANHOLE I " ":L
LOCATION :~ NUMBER -- ~---
TOP'. E L E VA'"' I 0 N ' -" '"
I'N"VERT' EL::'VATION x- ~ /'
'$'AN'!' TA RY SERVICE
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Date ·
74,69
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.. L ~: RECORD'VERIFIED
PALM 8~ACH COUNt,
CLERK CIRCUIT COURT
,. SE ~E COLUEqrlON SYSTEM