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69-JRESOLUTION NO. 69 -~" WHEREAS, the City Council of the City of Boynton Beach, Florida, has heretofore consummated negotiations with First Federal Savings and Loan Association of Broward County and NORMAN J. MICHAEL, with regard to installation of certain additions to the municipal sewage system located in the subdivision of GOLF VIEW HARBOUR SECOND SECTION, and WHEREAS, said agreement has been reduced to writing and duly executed by all parties, and WHEREAS, a true copy of said Agreement is attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, that the contents of the attached Agreementand the execution by the appropriate officials of the City, are hereby ratified and confirmed. PASSED AND ADOPTED this ITC-day , A.D. CITY ~F~.~YNTON BEtH, F~OR~A ~ayor ,~ ~ ' ., ~' - ATTEST: " - ' -Qouncilman City Clerk ' CORP. SEAL Councilman "Councilman AGREEMENT THIS AGREEMENT, Made and entered into this d ay o f ~?~ ' .~ ~ ,~ ~ , 1969, by and between CITY OF BOYNTON BEACH, a municipal corporation existing under the laws of the State of Florida, herein called "CITY", and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BROWARD COUNTY, a United States corporation, and NORMAN J. MICHAEL, an indi- vidual residing in Coral Gables, Florida, severally herein called "FIRST FEDERAL" and "MICHAEL", and jointly called "ASSOCIATES" W I T N E S S E T H: That for and in consideration of TEN DOLLARS ($10.00) and other good and valuable considerations in hand this day paid by the Parties each unto the other, and in further consideration of the covenants, agreements and under- takings hereinafter recited, made and/or to be performed by CITY and ASSOCIATES each in favor of the other, receipt of all of which considerations is hereby acknowledged, the said CITY and ASSOCIATES represent, warrant and agree as follows: I ASSOCIATES represent that FIRST FEDERAL is the owner in fee simple of 335 lots in GOLF VIEW HARBOUR SECOND SECTION, a Subdivision in Boynton Beach, Palm Beach County, Florida, more particularly described in EXHIBIT "A" annexed hereto, and which said lots are the subject matter of an Agreement between FIRST FEDERAL and MICHAEL under which the said MICHAEL will acquire said lots or portions thereof from time to time in accordance with the provisions of the Agreement between said Parties, and the use of said lots by ASSOCIATES requires the availability of a sanitary sewage disposal sys- tem to service improvements which may be constructed upon each said lot, and ASSOCIATES have requested CITY'S consent ROSENBERG, ROSENBERG. REISMAN 8: ,GLASS, ATTORNEYS AT LAW, MIAMI, FLORIDA and agreement to extension on the basis herein set forth of the sanitary sewage system presently owned and operated by CITY to service the lots owned by FIRST FEDERAL. II CITY represents that it owns and operates a sanitary sewage disposal plant and connected sanitary sewage system, current- ly operating in accordance with all requirements of the Florida State Board of Health, and that it has or is ac- quiring at expense of CITY all of the right-of-way and/or easements necessary to permit extension of sanitary sewage lines, mains and facilities from the lots owned by FIRST FEDERAL to the existing sanitary sewage plant owned by CITY, and that any remaining rights-of-way and/or easements re- quired by the CITY for such purpose will be acquired by it within sixty (60) days. III CITY, at its expense, shall immediately proceed with the pre- paration of final plans and specifications for the required additions to the existing municipal sanitary sewage system which will extend service from ASSOCIATES' lots to the pre- sently owned and operated sanitary sewage plant of the CITY, and which plans shall be deemed to be final when the same have been approved by the CITY'S engineer, CITY'S consult- ing engineers, and the Florida State Board of Health. In- cluded within said final plans and specifications shall be the design and plans and specifications for all necessary lift station or stations and for all force maining and related facilities. The plans and specifications shall be completed within sixty (60) days after date, and the CITY shall endeavor to.obtain approval of the CITY'S engineer, consulting engin- eers and Florida State Board of Health at the earliest time possible. IV When the final plans and specifications are completed and approved as required herein, the CITY shall forthwith seek bids and let a contract for construction and installation of all additions to the existing municipal sanitary sewage system including any lift stations, force mains and other facilities excepting for the lift station and force maining hereinafter identified to be performed by the ASSOCIATES. CITY shall ad- vertise for bids and let the contract at the earliest time possible, and in any event within sixty (60) days after the plans and specifications have received final approval from Florida State Board of Health, and CITY represents that it has the funds with which to pay for the cost of all said work to accomplish the foregoing. - 2 - ROSENEIERG, ROSENBERG. REISMAN & GLASS, ATTORNEYS AT LAW. MIAMI, FLORIDA V CITY shall furnish a copy of the plans and specifications to ASSOCIATES when completed, and prior to final approval there- of, and when finally approved shall furnish ASSOCIATES with copies of the approved final plans and specifications, and particularly those portions thereof which cover the lift station and force maining hereinafter described which is to be done by the ASSOCIATES. In preparation of the plans and specifications, CITY will cause its engineer and consulting engineers to work in cooperation with representatives of the ASSOCIATES and will keep ASSOCIATES advised as to all pertin- ent matters. VI At the time that the CITY lets the contract for the additions to the sanitary sewage system to be constructed by the CITY, the ASSOCIATES shall let a purchase order for purchase of the lift station and force maining materials required to be furn- ished by ASSOCIATES, and/or may enter into a contract with a third party for the furnishing of the labor, services, equip- ment and rental of equipment necessary to complete the ASSOCIATES' portion of the work. FIRST FEDERAL shall furn- ish one lot or a portion of such lot, as the case may re- quire, as the site for installation of a lift station, the furnishing of which site is a part of ASSOCIATES' portion of the work, and as the remaining portion of ASSOCIATES' work, ASSOCIATES shall construct said lift station on the site and install the force maining from said lift station to the inter- section of S. W. llth Street and S. W. 23rd Avenue, Boynton Beach, Florida, from which point the CITY'S Contractor shall complete force maining and other facilities to the CITY'S plant. VII FIRST FEDERAL guarantees and agrees to pay the cost of furn- ishing all of the work, labor, services, equipment, rental of equipment and materials (including lift station) necessary to complete the portion of the work to be done by ASSOCIATES, and MICHAEL agrees to oversee and supervise the work which will be done by ASSOCIATES. Should MICHAEL die or for any reason be unable to complete supervision of the work or re- fuse so to do, FIRST FEDERAL shall have the right to ap- point another qualified party to oversee and supervise the work. When the lift station and force maining required to be furn- ished by ASSOCIATES have been completed in accordance with the final plans and specifications, and have been approved by the CITY'S engineer, consulting engineers and Florida State Board of Health, the lift station site, lift station and force maining, and other related improvements, shall be conveyed to the CITY by good and sufficient Bill of Sale free and clear of all liens and encumbrances. - 3 - ROSENBERG. ROSENBERG, REISMAN & GLASS, ATTORNEYS AT LAW. MIAMI. FLORIDA VIII The CITY shall connect the work of ASSOCIATES into its existing sanitary sewage system, as extended, and shall thereafter maintain and operate the system at the sole cost and expense of the CITY, subject only to the usual monthly charges made by the CITY for services whenever improvements upon any lot owned by FIRST FEDERAL are connected to the CITY'S sanitary sewage system, it being the case that no connection fees shall be charged for tying improvements on any lot owned by FIRST FEDERAL or its successors into the sanitary sewage system. The lift station site conveyed to the CITY shall be land- scaped by the CITY at its expense, and thereafter the CITY shall at all times keep said lift station site appropriately landscaped and maintain all landscaping. IX FIRST FEDERAL shall reimburse CITY all reasonable inspection costs incurred by it in inspecting the construction and in- stallation of the lift station and force maining to be furn- ished by ASSOCIATES, and which are further incurred in inspecting and approving the collection lines within the Subdivision hereinafter mentioned. X The sewage collection system required within the GOLF VIEW HARBOUR, SECOND SECTION, Subdivision to service the 335 lots owned by FIRST FEDERAL, including the connecting lines from improvements constructed on any lot to the lot lines, shall be constructed and installed at the cost and expens.e of FIRST FEDERAL or its successors in title who desire sanitary sewer services for any lot or lots, the plans and specifica- tions for which collection system shall be submitted to the CITY and approved by the CITY'S engineer, CITY'S consulting engineers and Florida State Board of Health prior to the time that such collection system, or any part thereof, shall be constructed and installed and/or connected into the CITY'S force mains. As each portion of the sewage col- lection system is completed and approved by all parties, the same will be conveyed to the CITY by good and sufficient Bill of Sale free and clear of all liens and encumbrances. - 4 - ROSENBERG, ROSENBERG, REISMAN & GLASS, ATTORNEYS AT LAW, MIAMI. FLORIDA XI The CITY and ASSOCIATES agree that the work to be performed by each of them shall be completed within 120 days after the time for letting of the contracts specified herein, excepting that this does not apply to the collection system within the Subdivision lots owned by FIRST FEDERAL. Said 120 day time period shall be extended by a time equal to that lost by CITY or ASSOCIATES, as the case may be, due to unavoidable delays in obtaining the lift station and other materials, and other delays not within the control of CITY and/or ASSOCIATES such as strikes, embargoes, acts of war, boycotts, civil riot or unrest, acts of God, in- clement weather and other such causes. XII To clarify the approximate location of the lift station and length of force maining to be done by the ASSOCIATES, reference is made to preliminary sewage transmission plan No. 1 dated September 4, 1968, prepared by RUSSELL AXOM, INC., Consulting Engineers, Daytona Beach, Florida, on which the lift station and force maining to be furnished by ASSOCIATES have been circled and initialed by representatives of CITY and ASSOCIATES, initialed copies of which prelimin- ary plan are being retained by CITY and ASSOCIATES. This Plan also shows location of CITY'S existing sanitary sew- age plant and one proposal for the furnishing of the force maining and other work to be done by the CITY. XIII CITY represents that this AGREEMENT is not in violation of the provisions of the Charter of the City of Boynton Beach, Florida, and that it will furnish ASSOCIATES with a certified copy of a Resolution of the City Council of the City of Boynton Beach authorizing the execution of this AGREEMENT, and that it shall cause the City Manager and City Attorney to approve the AGREEMENT as to form by affixing their signatures hereto. XIV This AGREEMENT shall be binding upon CITY and ASSOCIATES, and their respective heirs, legal representatives and assigns. - 5 - ROSENEIERG, ROSENFIERG, REISMAN & GLASS. ATTORNEYS AT LAW. MIAMI, FLORIDA IN WITNESS WHEREOF the parties hereto have executed this AGREEMENT the day and year aforesaid. Signed, sealed and delivered in the presence of: As to CiTY CITY OF BOYNTON BEACH, FLORIDA (SEAL) Mayor ~/// ~ ATTEST: City Clerk (CITY) ~s to ASSOCIATES FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BROWARD CO~Y (SEAL) u~lve vice President ATT-F~ T ~ .~ .~- . ~~ '¢~ Secretary (ASSOCIATES) (SEAL) APPROVED AS TO FORM: Cit~a~r ty Attorney - 6 - ROSENBERG, ROSENIBERG. RIiISNIAN & GLASS. ATTORNEYS AT LAW. MYANII. FLORIDA