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R20-118 r 1 RESOLUTION NO.R20-118 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN AN AGREEMENT BETWEEN THE CITY OF BOYNTON 6 BEACH AND HYPOLUXO HARBOR CLUB HOMEOWNERS 7 ASSOCIATION (HYPOLUXO HARBOR) PROVIDING FOR THE 8 COLLECTION AND TREATMENT OF BILK SEWER FROM 9 THEIR INTERNAL WASTEWATER SYSTEMS;AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS,the City and Hypoluxo Harbor entered into an agreement for wastewater 13 disposal services in February, 1995 which original terms were based upon the rates for bulk 14 customers outside of the City; and 15 WHEREAS, following the transfer of potable water service from the Town 16 Manalapan to Boynton Beach Utilities the rates for service were reduced to those prevailing 17 inside the city;and 18 WHEREAS, this revised agreement changes the rate charged to reflect the new 19 circumstances which will standardize the utility rates prevailing within the Town of 20 Hypoluxo; and 21 WHEREAS,the City Commission has determined that it is in the best interests of the 22 residents of the City to approve an Agreement between the City of Boynton Beach and the 23 Hypoluxo Harbor Club Homeowners Association providing for the collection and treatment 24 of bulk sewer from their internal wastewater systems. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. S:\CA\RESO\Agreements\Utility Agreement with Hypoluxo Harbor Club HOA-Reso.docx 30 Section 2. The City Commission does hereby approve and authorize the Mayor to 31 sign an Agreement between the City of Boynton Beach and the Hypoluxo Harbor Club 32 Homeowners Association providing for the collection and treatment of bulk sewer from their 33 internal wastewater systems,a copy of the Agreement is attached hereto as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 36 PASSED AND ADOPTED this LA day of November,2020 37 CITY OF BOYNTON BEACH,FLORIDA 38 YES NO 39 ✓ 40 Mayor—Steven B. Grant 41 42 Vice-Mayor—Ty Penserga ✓ 43 44 Commissioner—Justin Katz t/- 45 46 Commissioner—Woodrow L. Hay t/ 47 48 Commissioner—Christina L. Romelus ✓ 49 50 VOTE 5-0 51 52 ATTEST: 53 45 41 �<�� 5 56 C tal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) 61 h {ax's "fit c i ii. 0 4 2, fr t,4 ..r , <LIL a !!r a;-; e T �., ,, e, .., S:\CA\RESO\Agreements\Utility Agreement with Hypoluxo Harbor Club HOA-Reso.docx AMENDED AND RESTATED SANITARY SEWAGE COLLECTION AND TRANSMISSION SYSTEM AGREEMENT THIS AGREEMENT is made and entered into this of 1:? li , 2020, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and HYPOLUXO HARBOR CLUB HOMEOWNERS ASSOCIATION, INC., a Florida not for Profit Corporation, hereinafter referred to as"HYPOLUXO HARBOR". WITNESSETH: WHEREAS, the CITY and HYPOLUXO HARBOR entered an agreement for wastewater disposal services which was approved by the CITY'S Board of Commissioners on February 21, 1995; and WHEREAS, HYPOLUXO HARBOR is a mobile home park located within the Town limits of Hypoluxo; and WHEREAS, HYPOLUXO HARBOR is currently obtaining wastewater disposal services from the CITY through the CITY'S collection system for treatment at the South Central Regional Wastewater Treatment and Disposal Board; and WHEREAS, HYPOLUXO HARBOR shall continue to maintain its own on-site sanitary sewage collection and transmission system;and WHEREAS, The Town of Hypoluxo currently receives water and wastewater service at the inside city rates; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and (00408395.1 306-9001821} I adequacy of which is hereby acknowledged, the CITY and HYPOLUXO HARBOR agree as follows: 1. The CITY and HYPOLUXO HARBOR hereby agree to terminate the previous Agreement for wastewater disposal services approved on February 21, 1995. 2. The CITY agrees to receive, at the point of connection of HYPOLUXO HARBOR's system, all flows from HYPOLUXO HARBOR's sanitary sewage collection and transmission system. 3. The CITY will transmit for treatment the sanitary sewage received by the CITY from HYPOLUXO HARBOR pursuant to Paragraph 1 hereof to the South Central Regional Wastewater Treatment and Disposal Plant. 4. It is agreed that the sanitary sewer collection system, pumping stations, and force main that collects sewage from HYPOLUXO HARBOR up to the point of connection into the CITY'S sewage force main shall be the responsibility of HYPOLUXO HARBOR. 5. For disposal of its sewage through the CITY'S sewage system, and thereafter into the South Central Regional Wastewater Treatment and Disposal Plant, HYPOLUXO HARBOR agrees to pay to the CITY a fee/charge per 1,000 gallons of flow on a monthly basis equal to the commodity rate in effect for residences inside of the CITY (i.e. the "inside city rate"), but with no maximum. For the current year the sewer rate shall be $2.18 per 1000 gallons. This rate is subject to change as enacted via ordinances and resolutions adopted by the City Commission of Boynton Beach, but the rate charged to HYPOLUXO HARBOR shall always be identical to the commodity portion of the "inside-city" rate. 6. HYPOLUXO HARBOR shall make monthly payments to the CITY, beginning at the completion of the first full month of operations under the terms of this Agreement. Payments {00408395.1 306-9001821) 2 shall be based upon the gallons of sewage measured at the water meter serving HYPOLUXO HARBOR. The CITY, in its sole discretion, may replace the meter or install additional meters at the site serving HYPOLUXO HARBOR. If during any one month the total sewage flow from HYPOLUXO HARBOR is demonstrated to exceed the water meter reading by an amount greater than 15%, HYPOLUXO HARBOR shall take immediate measures to restrict this excessive inflow and infiltration to their sewer system. HYPOLUXO HARBOR further agrees to the use of a portable flow meter on their discharge main to the CITY's sewer system, and upon presentation by the CITY of a measurement from said meter, to pay the City the amount due (at the rate then in effect) for all excessive inflow or infiltration. 7. This Agreement constitutes the entire Agreement between the parties. This Agreement may only be amended upon a written contract signed by both parties hereto. 8. This Agreement shall continue to remain in full force and effect so long as the Regional Treatment Plant is operational. It shall, however, become null and void upon any redevelopment of HYPOLUXO HARBOR property. Either party may terminate this Agreement upon sixty(60)days prior written notice to the other party. 9. In the event of default by either party under the terms and conditions of this Agreement, the non-defaulting party shall be entitled to all remedies available at law or in equity. The prevailing party in any litigated dispute shall be entitled to recover attorneys' fees. 10. This Agreement shall be binding upon and inure to the benefit of the CITY, HYPOLUXO HARBOR and its members and their respective successors and assigns. 11. The City is public agency subject to Chapter 119, Florida Statutes. HYPOLUXO HARBOR shall comply with Florida's Public Records Law. Specifically, HYPOLUXO shall: {00408395.1 306-9001821} 3 A. Keep and maintain public records required by the CITY to perform under this Agreement; B. Upon request from the CITY's custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, HYPOLUXO HARBOR shall destroy all copies of such confidential and exempt records remaining in its possession once HYPOLUXO HARBOR transfers the records in its possession to the CITY; and D. Upon completion of this Agreement, HYPOLUXO HARBOR shall transfer to the CITY, at no cost to the CITY, all public records in HYPOLUXO HARBOR's possession All records stored electronically by HYPOLUXO HARBOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF HYPOLUXO HARBOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO HYPOLUXO HARBOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE.BOYNTON BEACH, FLORIDA,33435 561-742-6061 GIBSONC@BBFL.US (This Space is Intentionally Blank; Signature Page to Follow) {00408395.1 306-9001821} 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY 0 :y100 o ►' • : B Attest: 0 LL/t<.'AdliTei 44 40:_/ By: 4/4ocd rystal Gibso , City Cle k Steven :. Grant,Mayor (6 Approved as to Form: F6,,,,/,‘, /' x iji,,,„,,,_ James A. Cherof, ity Attorney °.n e. tiovc41 HYPOLUXO HARBOR CLUB HOMEOWNERS ASSOCIATION,INC. Attest. 4,41 Ai ,o , di ith By. ---"�� = President (00408395.1 306-9001821} 5