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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 0~8 ~ ' ~'~ ~ 208 ;" "I"- I , ' ,~,~,. . , ~ ~ .H. "7 ~ - ~,~.. ' I -' oo 109 III 112 . ~ ,'-~y 'o.~¢ ~ -222 223 22.4 22~ 227 ~ 217 -,J J -- 2O4 ~0 202 205 2o~ ~ m , ~0. 208 209 / 5~ ,~ 5~ .2O'-/~"V(.F ~' ~ . (:: '... -.: >. :..' . ...... 256, '257 2~ 2&l ..X 2~,5 \i2&~, 2 ..¢'~ ~,,~,o ~ "W~ (Z/2. C ',. i',~ ,134. 433 432 4.31 430 44.~ 4 4~7 419 415 ....5 ,. "'~ LIN 4~ ~ 285 4~8 ,, 2ql 441 ~ ~ '~40 c-.o,~ ~ .-~ /~', ~'0. 2?0 \ MATe DVTCNE';'5:, . 388 3"8,0 590 ~4~ '34& 347 '- d.O .0. m. 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 -DOUBLE SANITARY SERVICE ,,.',.,, ~;: . · ,. .~,~ ...... .'~' . ,:,..u, ,Z_ '.:i',.' .... " ROYA!L '!:~- ,' ,.,.: :.., . ,.,. ~; . · .... :2. ~ -;." "diPA L M . , · ' "h,'M.CFlPt~¥-''-- Date · 74,69 ~. ~ ~ ,. I ,:~ - ,.,, '.,' .. L ~: RECORD'VERIFIED PALM 8~ACH COUNt,  CLERK CIRCUIT COURT ,. SE ~E COLUEqrlON SYSTEM