R92-115RESOLUTION NO. R92-//~-
A RESOLUTION OF THE CIT~ COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECL~E A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND STANLEY LEVY AND BARBARA LEVY,
A COPY OF SAID AGREEMENT BEING ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, this matter has appropriately been reviewed by
2ity Staff and staff has recommended approval of the water
~ervice agreement at the present time; and
WHERetO, the City Commission of the City of Boynton
Beach deems it to be in the best interest of the residents
Df the City to execute said Water Service Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDATHAT:
Section 1. The Mayor and City Clerk are hereby
Luthorized and directed to execute a certain Water Service
~greement between the City of Boynton Beach, Florida and
itanley Levy and Barbara Levy, said Agreement being attached
~ereto as Exhibit "A".
Section 2. This Resolution shall take
mmediately upon passage.
PASSED AND ADOPTED this ~/ day of July, 1992.
effect
CITY OF BOYNTON BEACH, FLORIDA
~TTEST:
Vice Mayor
Commissioner
CJ~n~er
Commi s s loner/
I~ity~cierk ' -.~
(Oorporate Seal )
LEV-Y zAGR
7/!OV92
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
This agreement ~ade~on this } day of
by and between .~'~ '~ ?~
,, ,, /~ . ~ /~?, J~-~/ , hereinafter
called the Customer , and the Cl(y of BoyntOn B~ach~ a municipal cor-
poration of the State of Florida, hereinafter called the "CITY".
WITNESSETH, that the Customer, his heirs and assigns, for and in con-
sideration 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 WaterSystem only as necessary to service the project described
in the Application for Water Service Submitted by CUstomer. The Customer
has specified Ghat there will be ~ Equivalent Residentia
ConnectiOns and the City hereby agrees to serve those ~
Equivalent Residential Connections.
2. The Customer agrees to pay all costs of engineering, material,
labor, installation a~d inspection of the facilities as required by the
CftyCode to provide service to the Customer's premises. The Customer
shall be responsible for installation and conformance with all appl)cable
codes, rules and regulations of all service lines upon the Customer s prem
ises 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 Qptionof either requiring the Customer to perform the necessary
work or t~ City may have the work performed in which case the Customer
will pay in adv~hce all esti~ated costs thereof. In the event the City has
such wo'r~ performed, the Customer will also advance such additional funds
as may be n~cessary to pay ~he total actual costs.
3. Any main extension made under the Agreement shall be used only for
the Customer, ~less 'permiSs~on is granted by the City of Boynton Beach !or
other party or Parties to'cohnect pursuant to the Code of Boynton Beach
4. Title tc all malns,=extenstons and other facilities extended from
the City Ware6 ~istribution 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 equ~IPmant in connection with water service outside the City
limits appllca~ble under City iO~dinances and rate.schedules which are now
apPlicable or eSl may be chan~ed 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 t~ansferees, grantees, heirs, successors and assigns, that
all water to be ~urnished, supplied, and sold under this Agreement is made
available from:surplus. If the surplus does not exist at the time of
Customer's actu=~ request for commencement of service, as determined by the
City's Dtrecto~of Utilities, ~hen 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
thereto. Furthermore, should any other general law, special act, or local
law be enacted which provides for voluntary or consensual annexation, this
Agreement shall also be considered a petitionary request for 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 purchasers of any or part of this property of this voluntary
petition for annexation and its applicabilities to such purchasers.
9. The Customer acknowledges that this covenant for annexation 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.
5/26/89
site plan "Exhibit B" has be~n reviewed bv the City n~ n~,,.~..~.~ =~_
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 pro-
vided under this Agreement due to any prohibitions, restrictions, limita-
tions 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 term-
ination 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 capac
ities) from and against all claims, damages, law suits 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 oblioation under ..........
this Agreement ~ v. ~..u[n)~nce pursuant to
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
compatibility 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 bind-
ing 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 parties to be bound thereby.
IN WITNESS WHEREOF, the~rties hereto have set their hands and seals
this / day of -Y ~ /~'~-- , 19~'~2.
As to-~tion (Customer)
FOR CORPORATION NOTORIZATION:
STATE OF
COUNTY OF /~v ~-~o~ )
(Corporate Seal)
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
ackn~ledgements, j~ersonally appeared ~7-~A/?~x~/~ and
/-~ ~-~--~ well known to me ~o be the~resident and
Secretary respecti~ely~of the corporation 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 o(~icial seal in the County and State last afore-
said this / day of~_~..~ , 19~.
..
Notany Public'
My Commission Expires:
.......................................... 5/26/8~
l
WITNESS:
CITY OF BOYNTON BEACH, FL
Mayor
A_s/to City of Boynton Beach
ATTE~
STATE
OF
FLORIDA
COUNTY OF PALM BEACH ) '.
I HEREBY CERTIFY that on this day, before me an
authorized in the State aforesaid and in the County aforesaid to take
acknowledgem~ents, personally appeared 6~ ~5.M~.JF~ ,
Mayor and J~~- ~ , City Clerk well known to me ~o be
the Mayor arid City Clerk respectively of the City named in the
foregoing agreement and that they severally acknowledged executing the
in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in them by said City and that the City seal affixed
thereto is the true corporate seal~of said City.
WITNESS my hand and official seal
said this 23 day of
in the County and State last afore-
Seal)
Notary Public
Approved as to form:
ssi on Expires:
MY COUMI$$~ON # 0¢ 185833 EXPIRES
C~o-?}~,,/. CYity Attorney
Legal Description Approved:
OD~II~/ ~_xJJ~r~F/~city Engineer
5/26/89
0
RAMCO FoeM e "EXHIBIT
~p~y, io ~ N. ~ ~d ~ C. ~, ~s Wife,
mAo~,p~o~i~.~.~s m 5920 FOist Grove ~ive, ~t~ ~a~ Flori~ 35437
the sa~
~e~.~E ~c~2on
a~ ~=~, ~o~[da, [ess ~ ~s oE ~.
~ Of tAe ae~Z ]i~t pm'ly, either in ~u~ or eqmgy. Io IA, on~ propm' use. ~neIIt ~d ~:~1 O[ I~e ~
RECORD VERIFIED
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C~K CIRCUIT COURT ~ ~ ~ ~ ~ ~
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