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Res 82-82 RESOLUTION N0.82-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN LINTON CENTER, AS RECORDED IN PLAT BOOK 39, PAGES 8 & 9 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: S.W. 10TH AVENUE FROM LINTON BOULEVARD TO LINDELL BOULEVARD; LINDELL BOULEVARD FROM GULL ROAD TO A POINT 350' EAST OF EGRET CIRCLE; LINTON BOULEVARD FROM S.W. 10TH AVENUE TO GERMANTOWN ROAD; GERMANTOWN ROAD FROM LINTON BOULEVARD TO S.W. 10TH STREET AS OPERA- TIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTI- LITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. WHEREAS, the City Engineer of Delray Beach, Florida, has cer- tified as operational (1) all sanitary sewers and related facilities and (2) all water mains and related facilities in the above mentioned loca- tions as shown on the "As-Built" Drawings which have been presented by the designated Consulting Engineering Firm, John A. Grant, Jr., Inc., as cer- tified; and, WHEREAS, the said sanitary sewer system was inspected and approved as operational by the Public Utilities Department of the City of Delray Beach, Florida; and, W~EREAS, it is deemed to be in the best interest of the affected properties that the initial schedule of rates, fees, and other related charges be imposed for the services and facilities f~rnished by the sewer systems, which shall become effective the first day of September, 1982, as set forth and contained in Part II, Chapter 29, Water and Sani- tary Sewerage, of the Code of Ordinances of the City of Delray Beach. NOW, T~EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That all sanitary sewers and related facilities and water mains and related facilities in Linton Center, as recorded in Plat Book 39, Pages 8 & 9 of the Public Records of Palm Beach County, Florida, comprising the following locations: S.W. 10th Avenue from Linton Boulevard; Lindell Boulevard from Gull Road to a point 350' east of Egret Circle; Linton Boulevard from S.W. 10th Avenue to Germantown Road; Germantown Road from Linton Boulevard to S.W. 10th Street, in the City of Delray Beach as being operational, and the initial schedule of rates, fees, and other charges previously established, and applicable thereto in accor- dance with Chapter 29 of the Code of Ordinances of the City of Delray Beach, shall become effective on the first day of September, 1982. Section 2. That nothing contained herein shall be construed as discharging the Developer, Boca Raton Yacht & Tennis Club, Inc., from strict performance of this Corporation's remaining contractual obligations and duties and that this Corporation's bond (escrow account) remain in effect in all respects until released in accordance with this Corporation's agreement with the City of Delray Beach. Section 3. That the Developer, Boca Raton Yacht & Tennis Club, Inc., shall be responsible for maintenance and repairs of the sani- tary sewers and water facilities installed in Linton Center, as recorded in Plat Book 39, Pages 8 & 9 of the Public Records of Palm Beach County, Florida, for a period of one year after acceptance of this resolution by the City of Delray Beach Council. PASSED AND ADOPTED in regular session on this the 24th day of August , 1982. V I C E \ MAYOR ATTEST: City Clerk - 2 - Reso. No. 82-82