R91-78RESOLUTION NO. R91-~8
A RESOLUTION OF THE CITY COMMISSION 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 BELL SOUTH MOBILITY, INC.; A
COPY OF SAID AGREEMENT BEING ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, thus matter has appropriately been reviewed by
City Staff and staff has recommended approval of the water
service agreement for potable water only at the present
time, with sewer service in the future when available; and
WHEREAS, the City Commission of the City of Boynton
Beach deems it to be in the best interest of the residents
of the City to execute said Water Service Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby
autherized and directed to execute a certain Water Service
Agreement between the City of Boynton Beach, Florida and
Bell South Mobility, Inc., said Agreement being attached
hereto as Exhibit "A".
Section 2. This
immediately upon passage.
Resolution shall take effect
PASSED AND ADOPTED this
day of May, 1991.
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~ // .
C~d~m~~Vice ~Mayo~ ~
ssioner ~/
ATTEST:
Ci~..,'Clerk
(.~porate~ea~)
AGREEMENT FOR WATER SERVICE OUTSIDE THECITY LIMITS
water servtces from 1ts
i:to ~erve /
ons.
2. The
labor
st
have
siuc"
as
costs of engineering, material,
lltles as,required by the
Customer's premises~,~ The Customer
)rmance with all applicable
Ice, lines upon the Customer's prem.
f~rst beaPproved,by the. Director of
by the. City. EngineerS:. The City shall
[~eCustomer~to perform th~ necessary
)erformed in Which case thelCustomer
~tsthereof. In the event the City has
so.advance such 'additional funds
actual costs,.
3. be used only for
the City Of Boynton Beach for
other to Code~Of Boynton Beach .
4, Title to all mains,.extensions and other facilities extended from
the~CltyWater Distribution $~stem to and includingthemetered service to
Customer shall be vested in t~e City exclusively.
5, The,Customer agrees to pay all chargesi,, deposits, and rates for
service and equipment in c~nneCtion with'water service outside the City
limits applicable under City O~inances and rate schedules which are now
appllcableo~ ~$ may be changed from time to time.
6. Any rights-of-way or easements in this area shall be provided by
the Customer.
7re 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 servlce to the subject premises.
8. ~he Customer further agrees inconsideration of the privilege of
~eceiving waterservlce from said City, that the execution of this
Agreement ~is~considered to be a voluntary Petition fop Annexation pursuant
to,Section [71.044 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 fop voluntary or consensual annexation, this
Agreement~shall also be considered a petitionary request for annexation
under such other laws. The premises shall be subject toannexation 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.
g. 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 ~ssigns of Customer shall be bound by this Annexation Agreement.
s/26/89
lO. It is agreed that the C~ty shall have no liability tn 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 age;nCies' having jurisdiction over Such matters. Also the City shall
, · h~,e no '11abil.ity, i.n t~e eve~t~here~ i,s a ~educ~on~ imp~irment or term-
' ~ nation~ 6f'Wa~t~'Y S~Vi:~;~ d~ t~o?~t~S~ ~'f, ~o~ ~acc~d'ents~;~'~tri kes, boycotts,
blackouts, fire, ear~hqu~kes~ o~hec ca~sua~lttes o~ other c~rcum~tanc~s
il. The Customer.~ereb2 a~dees,.to indemnify,'defend and hold ha~
~he ~it~ pr, ~OYn,ton~each, F~o~t,~a, }~ ~ or, ~bers of City Co~issi~
Officebs; e~r]~e~'s:.;,~,ag~n,~ {~O;th~,~,~ ~ ir ihdlvtduaI and official c~
~[Tp~Qo~-~.ncu~red on appeal or
re,~ul~;~g from~tAe ?~6~e~:~ ~g~t;J~n,~:b m~r-Q~qp~fo~mance pursuant to
this Agreement
1-2; ;
attached
Beach for
~es to land use
and is to be the
site
)art of the City
change in land
:tions.
shall be bind-
ing: ~is Agreement. No
modi the parties
unless in to be bound.thereby.
IN WITNESS h~ve set their hands and seals
this 198' .:
~ti on' (Customer)
BELLSOU~H MOBILITY INC
.~ CORPORaTIQ~As-OW~ER:) j
--~ ~ /) President
/ ~-~"~e,r Secretary
FOR CORPORATION NOTORIZATION: (Corporate Seal)
STATE OF' C-~-~- ) ,.,',
COUNTY OF ~\~-~ )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared ~°---k~-'~o~,~-~_]~-- and
~---~-~-~-~ ~--~. ~k.~_.~ well known to me to be the President and
~Secretary respectively 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 ~y hand and officia seal
said this ~ day of ' ~,~,\ ,
(Notary Seal)
in the County and State last afore-
Ngt a r~yy~tJk~ k~(~'~
My Con~!Ission Expires:
Cathy H. Clayton
Notary Public. Fulton County, Geo~m
bly Commission Expkes May 23, ~994
5/26/89
WITNESS:
CITY OF BOYNTON BEACH, FL
Mayor
ATTEST:
City Clerk
(Corp. Seal
As to City Of Boynton Beach
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I-HEREBY CERTIFY that on this day, before me an officer duly
authorized, in the State aforesaid and in the County aforesaid to take
~c~nowledgements, personally appeared ,
Mayor and , City Clerk welt Known to me to be
the Mayor and City Clerk respectively of the City named in the
foregoing agreement and that they severa!ly acknowledged executing the same
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 in the County and State last afore-
said this day: of 198 .
(Notary Seal)
Approved as to form:
Notary Public
MyCommission Expires:
City Attorney
Legal Description Approved:
City Engineer
5/26/89
SPECIAL WARRANTY
Hiriam Schneider, Attorney at Law
West Waahinston Street
Chic~Eo, -Illinois 60602
EXHIBIT A
· ha Wast 400 faat of th~ South 1/2 of Tract 6 (L~ss the North 35:
feat theraof) in tha Southeast 1/4 of Saction 12, Township ~,
South, Range 42 East, "AMENDED PLAT OF Sec. 12 Township 45 South,
Ranga 42 East, MARY A LYMAN ET AL-, according to the Plat thereof
as recordod in Plat Book 9, at Page 74, of tha Public Records of
Palm Beach County, Florida.
Subject to reservation~, restrictions and easements of records
and ad valorem taxes for the year 1982 and thereafter.
OCK
X
kY
WOODMERE
LA
12'
DR
r-" PINETREE DR
SI John Ave
Lit[le Beth
N
WILLOW
72 L
\
ch Piazs
ST S
WHISPERING PI
REDDING RD.
Location Map n.t.s.
I
GENERAL NOTES
This building is an un-manned equipment building
This project will~o't require water service
This project will ~et;'require sanitary sewer, or-
~¢pti¢=t ~-.n__.k
Site Data
Total Parcel
2.397 ac.
551 sq.ft.