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.
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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.
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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.
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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.
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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