82-HHHHRESOLUTION NO. 82-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE EXECUTION OF THE
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND THE SCHOOL BOARD OF BALM BEACH COUNTY,
FLORIDA, TO FURNISH WATER AND SEWER SERVICES.
NOW, THEREFORE~ BE AND IT IS HEREBY RESOLVED BY THE
CITY. COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute on behalf of the City of
Boynton Beach, Florida, that certain Agreement between the
School Board of Palm Beach County to furnish water and sanitary
sewer service to Santaluces High School.
PASSED AND ADOPTED this 3rd day of November, 1982
CITY OF BOYNTON BEACH, FLORIDA
Co!
ATTEST
City Clerk '
(Corp. Seal)
Council Member
~ou~cil Member'
AGREEMENT
THIS AGREEMENT made and entered into this day of
, 1982, by and between the City of
Boynton Beach, Florida, a municipal corporation, (hereinafter
referred to as 'City"), and the }alm Beach County School Board
(hereinafter referred to as "Developer").
WITNESSETH:
WHEREAS, the Developer owns and is in the process of devel-
oping a parcel of land in Palm Beach County, Florida, adjacent to
the Boynton Beach service area for a public high school, and
desires that the City furnish water and sanitary sewer service to
the property; and
WHEREAS, the City is_willing.to furnish and supply water and
sanitary sewer service to the described property subject to all
the terms and conditions of this Agreement; and
WHEREAS, it has been necessary for the Developer to construct
off-site water and sanitary sewer systems at the high school
property; and.
~HEREA.S, it has been necessary for the City to modify portions
of its water and sanitary sewer systems in order to meet the
utiliny needs of the property.
NOW, THEREFORE, for and in the considerations hereinafter se~
forth, it is mutually agreed by and between the parties hereto as
follows:
I. Definitions. The parties agree that the following
definitions shall apply in interpreting this contract:
A. "Premises" shall mean the land owned or controlled
by the Developer for which water and sanitary sewer service is to
be provided by the City, more particularly described in Exhibit
"A" attached hereto, and by reference made a part hereof.
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B. "Water Main" shall mean and refer to the water main
outside of the Premises of the Developer and shall include a 20-
inch line from Congress Avenue to Lawrence Road, a 16-inch line
along Lawrence Road to the L-20 Canal to one-fourth mile south of
Hypolxuo Road and a 12-inch line north to the high school site.
C. "Sewer Force Main" shall mean and refer to the sewer
force main outside of the Premises of the Developer and shall be
from the high school at Hypoluxo Roa,~'i 5400 feet southward to
connect into a gravity .line and a lift station.
D. "City System" shall mean the existing sewer and
water system and all facilities and appurtenances incident thereto
presently owned and/or operated by the City.
E. "Off Site" shall mean the area up to the point of
joining of the water main and sewer service to the Premises of the
Developer to the places designated on approved plan.
F. "Facilities" sha.ll mean the sanitary sewer collection
system and all facilities incident thereto, and all water mains
and distribution lines and appurtenances incident thereto within
the premises.
G. "City Ordinance" shall mean Chapter 26 of the Boynton
Beach Code of Ordinances of the City of Boynton Beach, Florida, as
it may from time to time be amended.
II. Exclusive Services. The Developer hereby grants and
gives to the City, and the City hereby accepts at no cost or
expense to the City, the exclusive right and privilege to provide
s~nitary sewer service and Water service to the Developer's
Premises, upon the terms and! conditions set forth in this
Agreement.
III. Citv's Responsibilities. In accordance with the terms of
the City Ordinance, the following is agreed to:
A. Pursuant to City Ordinance, the City shall designate
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its engineering firm who shall be responsible for preparing plans
and specifications for the extension of all off-site water and
sewer facilities to the Premises of the Developer, and who shall
be responsible for supervising construction of the extension for
compliance with the plans and specifications, upon payment by the
Developer of engineering fees to the City as set forth in City
Ordinance. Said fees shall be due and payable prior to the
commencement of plan preparation.
B. The City agrees that the plans and specifications
prepared by the City's Engineers shall meet the requirements of
all applicable governmental agencies and the Engineers shall seek
and obtain the approval of applicable governmental agencies during
preparation of the plans and specifications and prior to bid and
construction. The plans and specifications shall comply with the
provisions of the City Ordinance.
C. The City will be responsible for placing the plans
and specifications prepared by the City's Engineers up for bid by
construction contractors, for evaluating the bids and for selec-
ting the best bid. The City will award the bid and carry out
construction and inspection.
D. The City shall furnish water and sanitary sewer
service to the Premises after water mains and sewer mains, both
off-site and in ~the Premises, as appropriate, have been completed
and accepted by the appropriate agency.
E. The City shall, at all times, proceed with due dili-
gence to cause the engineering and construction to be completed
in a timely fashion.
IV. Developer's Responsibilities. In accordance with the
terms of the City Ordinance, the following is agreed to:
A. The Developer shall be responsible for payment of
the fees of the City's Engineers for the design of the off-site
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water and sanitary sewer lines, and a proportional share of the
construction costs whereby the Developer's share of the costs will
equal the construction cost of the minimum pipe size necessary to
serve the high school, i.e., an 8-inch sewer force main and ~
10-inch waker line. The Developer shall also pay the appropriate
Capital Facilities Charges as required by the City Ordinances.
B. The Developer shall not have the right or privilege
to permit any person, firm or corporation, or any entity whatso-
ever, to make any connections to the said facilities within the
Premises. The City shall, however, have the exclusive right and
option to contract with any person, firm or corporation, or ennity
whatsoever, so as to allow said entity to connect into the said
facilities to be owned, operated and meintained by the City, and
the Developer agrees to this provision by the execution of this
contract.
C. The City shall be entitled to charge rates for water
and sewer use in accordance with the applicable ordinance or
resolution adopted or as amended from time to time by the City
Council of Boynton Beach to the Developer and/or individual users
of the City water and sewer services within the Premises provided
by the City pursuant to this agreement. Provided, however, that
such rates shall not exceed the rates permissible under Florida
Statutes 180.191. Water meters shall be owned, operated and
maintained by the City.
V. .C. apacity Reservations.
A. The City agrees at all times to reserve and have
line and plant capacity for Developer from the Developer's
Premises, subject to any limitations imposed upon the City by the
Department of Environmental Regulation of the State of Florida,
the Environmental Protection Agency of the United States of
America or successors agencies or any other governmental agency
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use or expansion of the facilities.
VI. The Project.
The project contemplated by this Agreement is for the
construction and connection of sanitary sewer lines and Water
lines including those fire hydrants on the water line as shown on
Exhibit "B" attached hereto.
VII. Limitation on the City's Liability.
Boynton Beach shall not be responsible in damages for
any failure to supply water or for interruption of the supply or
for failure to supply sanitary sewer service or for interruption
of said service. Boynton Beach will not be liable for any failure
or inability to perform pursuant to this contract caused by war,
civil disorder, strikes or labor disturbances, fire, earthquake,
flood, hurricane, tornado, act of God, or natural disaster; or
any decree, ~judgement, law regulation or order of any federal,
state, regional or county agency Or other public authority law-
fully regulating Boynton Beach; or by other circumstances beyond
the control of Boynton Beach.
VIII. Entire Agreement.
This contract embodies the entire Agreement of the
parties hereto. There are no promises, terms, conditions or
obligations referring the subject matter than contained herein and
this contract can be modified only by an instrument in writing
signed by the parties hereto and witnessed in proper form except
as contained above.
IX. Assignment.
This contract shall be binding upon the parties hereto
and their successors and assigns. The Developer may assign this
Agreement in whole or in part provided said assignment is made in
connection with a transfer of title to all or part of Developer's
Premises with written consent and approval of the City, which con-
sent will not be unreasonably withheld. The assignee must assume
the obligations of the Developer making such assignment under the
provisions of this contract.
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Recording.
The parties agree that this document will be executed in
such form that it may be recorded. This Agreement and the terms
and conditions thereof shall run winh the land and be a covenann
binding on any purchasers, successors, or assigns and successors
in title of the Developer unless terminated as provided.
XI. Termination.
This Agreement may be terminated by the City in the event
the Developer has not fully complied with the provisions of
Paragraph IV. C within thirty (30) days of the designation of a
successful bidder on the construction contract. This Agreement
may be terminated by the Developer at any time prior to the award
of the contract for construction of the project, provided the
Developer shall reimburse the City any sums expended and for all
work done by the City as of the date of such termination.
XII. Interpretation.
This Agreement is entered into in the State of Florida
and shall be interpreted in accordance with the Laws of the State
of Florida.
Witnes~
PALM BEACH COUi~fY SCHOOL BOARD
Thoma~ J. MiT!s, Superintendent
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, 'before me an officer duly
authorized in the State of Florida and the County of Palm Beach to
t~e' acknowledgements, personally appeared Susan R. Pell, Chairman,
and Thomas J. Mills, Superintendent, Palm Beach County School Board
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 Board.
WITNESS my hand and official se_~al~ in Palm Beach County, State
of Florida this ~-~day of .. .~.~~ 1982.
(Notary Seal)
/
~'r~o~ Boa'~'d Attorney
Notary Public
My Commission Expires:
MY COM~'4ISStO-~i ~.,,A~T..~ OF FLORIDA ,~z ~ ....
~ USI~ ;'A SHTOI~- INC
CITY OF BOYNTON BEACH, FLORIDA
Witness
By:
Mayor
Witness
ATTEST:
City Clerk
(Corp. Seal)
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me an officer duly
authorized in the State of Florida and the County of Palm Beach to
take acknowledgements, personally appeared
Mayor and ~, City Clerk well known to me
to be the Mayor and City Clerk respectively of the City
named in the foregoing agreement and that they severally acknowledg~
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 aforesaid this day of , 1982.
(Notary Seal)
Notary Public
My Commission Expires:
Approved as to form and content
City Attorney
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