Res 11-76RESOLUTION NO. 11-76
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF THE
WATER AND SEWER SERVICE.AGREEMENT
~BETWEEN THE CITY OF DELRAY BEACH,
FLORIDA, AND EDMUND J. SPENCE, AND
REGINA W. SPENCE, HIS WIFE.
WHEREAS, the City Council of the City of Delray Beach,
Florida, deems it in the public, interest to extend its water
transmission main system and its sewer service facilities to
service the property described as Lots 1 through 8, of Block 6
in Rio Del Ray Subdivision (and located on S. E. 9th Street
between 5th and 6th Avenues) in the City of Delray Beach,
Florida, as set forth in the attached Agreement, and accordingly
to enter into the attached Agreement with Edmund J. Spence, and
Regina W. Spence, his wife.
Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Delray
Beach, Florida, concurs in the provisions of that certain Agree-
ment attached hereto, pertaining to the extension of the City's
water transmission main system and its sewer service facilities
to the property described as Lots 1, 2,. 3, 4, 5, 6, 7, and 8, of
Block 6 in Rio Del Ray Subdivision, in the City of Delray Beach,
Florida.
Section 2. That the City Council of the City of Delray
Beach, Florida, authorizes said Agreement to be executed by a
legally designated officer of this Public Body.
PASSED AND ADOPTED in regular session on this 10th
day of February, 1976.
ATTEST:
c~ City Clerk
WATE~AND S~J~ER SEI~VICE AOFEE~ENT
This agreement made ~nd entered into at Delrny Beach, Florida, this
3rd &ay of Febr%~ary, 1976, by and between the' City of Delray Beach, a
Municipal Corporation organized and existing ~der the lava of the State of
Florida, hereinafter sometimes called the City, party of the first part,
and Edmond J. Spence and Regina W. Spence, his wife~ of 1220 North Ocean
Boulevard, Gulfstream, Florida, party of the secnnd part, wi%nes~eth:
%UrEa. gAS, the party of the second part desires to purchase treated,
potable water and sanitary sewer service from the City of Delray Beach; and,
WHF2qEAS, the party of the first part has the ability s. na is %dlling to
provide the %~ter and sewer service'desired;
NOW, T~ERL~ORE, in consideration of the promises and agreements herein
set forth, to be Observed and performed, the parties hereto agree as follows:
SECTION I
GET,,6~._.PJ~L PU~OSE ~
The party of the first part agrees to the expansion of its water and
sewer system in order to serve the property o~ned by the p~rty of the
second part and described as Lots 1, 2, 3, ~, ~, 6, 7 and 8, of Block 6 in
Rio Del Ray Subdivision, recorded in Plat Book 12, page 8]~ of Palm Beach
County ~ecords, in the City of Delray Beach, Florida. (This.property is on
$. E. 9th Street between ~th and 6th Avenues). The party of the second part
a~rees to construct said water and sewer extension in accordance with Plans
by John A. Orant, ~r., a~d known by both parties as Job No. 1383, w~ich
plans have been approved by the party of the first part.
SECTION II
COVE~.,~.~A~S OF PARTY OF T]~ SECOND PART
The party of the second part a~rees:
A. To have all plans and specifications prepared by an engineer
registered in the State of Florida and approved by the party of the first part.
B. To obtain all State, County and local permits required in connection
w!~h this project. ·
C. To construct ~aid water and sewer extension in accordance with plans
~nd specifications approved by the party of the first part.
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D. To secure the required release of liens from the contractors
and furnish the City with a written ~uarantee covering the project for a
period, of one year commencing with the date the project is completed and
ready to be accepted by the City. Said guarantee' shall be executed by the
officers of the contractor, Gulf Stream Construction Company.
SECTIO~ III
COVEN~AI~T~ OF PAPTY OF T]~ FIRST'P~RT
The party of the first part agrees:
A. To allow the party of the second part to connect to the ~ity's
water and sewer systems, -
B. Upon acceptance of the water and sewer system constructed by the
party Of the second part, title to the system so constructed passes to the
City and the City Shall then pay to the party of the second part sixty six
and two thirds percent (66-2/3%) of the total adjusted cost of the project,
including engineering fees, as set forth in the final Engineers Certification.
The engineering estimate for this entire project is approximately $30,000.00.
SECTIOi~ IV
~G~RAL COVEN;uNTS
The parties mutually agree:
A. To cooperate in completing the construc~ion of said project as
quickly as practicable.
B. That this agreement is binding on the successors and legal
representatives of the parties hereto.
C. That this agreement constitutes the entire agreement between the
parties and no oral statements heretofore made by either party or their agents
shall be a part hereof.
D. The City reserves the right to issue Water and Sewer Revenue Bonds
on the revenue from the system if the City so elects.
E. That this agreement may be modified or changed only in writing and
signed by the parties hereto.
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SECTIOn; V
FFFFCTIVK DATE
This agreement shall be effective on the date it is signed by both
parties, if they sign on the same day. If both parties do not sign on
the same day then the agreement becomes effective on the date the last
party signs the agreement.
IN ~ESS %~REOF, the parties set their hands and seals.
CITY OF DELRAY BEACH
ATTEST: 9!:
Mayor
Date ~
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COUi~TY OF i~AM~ B?:ACI! )
The foregoing inst~u-,ent was ae]~nov].ed~ed before me this
day of ~ ~ .., 1976, ~ ~d
......... ~ ........ , respectively of the City of Delray Beach.
i~ot ary Public
commission expires:
S~.'ATE OF FLO?~TDA
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COUNTY OF P~,~,~ BFJ~CH )
The foregoing instr'mment was acknovle~.ed before me this
(/ i
Approved as to Legal Fo~ and ~ufftciency:
City Attorney of the City of L~lray Beach