R01-014 RESOLUTION NO. R01-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT FOR
WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY
OF BOYNTON BEACH AND DONALD K. DORINI AND
JAMES W. KEEN, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the subject property is located outside of the
City Limits, but within our water and sewer service area,
being a 6/21 acre parcel of land located along the east side
of Military Trail, on the north side of the LWDD L-21 Canal;
and
WHEREAS, City policy requires annexation of the property
to be serviced at the earliest practicable time, as a
condition of the granting of water services outside its
jurisdictional limits; and
WHEREAS, Donald K. Dorini and James W. Keen are the
owners of the land in question; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a Water Service Agreement
between the City of Boynton Beach, Florida and Donald K.
Dorini and James W. Keen, said Agreement being attached hereto
as Exhibit "A".
Section 2. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ day of February, 2001.
CITY O BOY ¢ N EACH, F~ORIDA
Co~T~ssioner
missioner
Ei~ Clerk
Feb-2B-2001 ~2:22~m 0 1--07400 1
I ~liitlll II Iii II III11 III lilll II IIIII Ill Iltll II lit ~ll
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this 6th day of January 2001, by and
between Donald K. Dorini hereinafter called the "Customer", and the CITY
OF BOYNTON BEACH, a municipal corporation of the State of Florida.
hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional
limits of the City of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach.
Florida provide water service to the property owned by Customer; and
WHEREAS, the City of Boynton beach has the ability to provide v~arer
service to Customer's property; and
..
WHEREAS. the City of Boynton Beach has a policy which condilions
the grant of water services outside of its jurisdictional limits on annexation
of the property to be serviced into the City at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of
receiving water service from the Municipal Water System and the mutua~
covenants expressed herein, the City of Boynton Beach and the Customer,
his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service f~orn
its Municipal Water System to service the real property described as
follows and which Customer represents is owned by Customer: (See axh±b±~: "A")
2. The Customer and the City hereby agree that there are 25
Equivalent Residential Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering,
material, labor, installation and inspection of the facilities as required by
the City of Boynton Beach Code of Ordinances or Land Development
regulations to provide service to the Customer's premises. The Customer
shall be responsible for installation in conformance with all codes, roles
and regulations applicable to the installation and maintenance of water
service lines upon the Customer's premises. All such lines shall be
approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Custome~
to perform the wgrk necessary to conform the lines or the City may have
the work performed on behalf of the Customer, in wkich case the Customer
will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds
as may be necessary to pay the total actual costs incurred b.v the City.
4. Any v~ater main extension made pursuant to this Agreement
shall be used only by the Customer, unless written consent is granted by
the City of Boynton Beach for other parties to connect. All connections
shall be made in accordance with the Codes and regulations of Boynton
Beach.
Title to all mains, extensions and other facilities extended from
the City Water Distribution System to and including the metered service t(
Customer shall be vested in the City exclusively unless otherwise conveye
or abandoned to the property owner.
6. The Customer agrees £o pay all charges, deposits and rates fe
service and equipment in connection with water service outside the Cit
limits applicable under City Ordinances and rate schedules which ax
applicable which may be changed from time to time.
Any rights-of-way or easements necessary to accommodate tl
connections shall be provided by the Customer to the City.
8. The Customer shall, comemporaneously execute and deliver :o
the City an Irrevocable Special Power of Attorney granting m the City ~e
power and authority to execute and advance on behalf of the Customer ·
voluntary petition for annexation. Customer covenants that it shall
cooperate with the City and not raise opposition or challenge to su*
annexation if and when annexation is initiated. The property shall be
subject m annexation at the option of the City at any time the property is
eligible under any av,allable means or method for annexation. Customer
will inform any and all assigns or purchasers of any or part of this prope ~r~
of this covenant and of the irrevocable special power of attorney, but
Customer's failure to provide such notice shall not constitute a defense o7
bar to the City's rights as set forth heroin. The Customer acknowledge~
that the consideration of initially connecting to the City's water supply is
sufficient to support the grant of the power of attorney any subsequent
disconnection or lack of service shall in no way impair the power of attorney
nor constitute a diminution or lack of consideration.
9. The Cu~om~ acimowlcdges that this covenant regarding
anacxa~io~ ~ mt~ed to ~ md ~ h~by made a cov~ ~g ~
~ 1~ d~fi~ ~ p~h I a~. ~s A~nt ~ ~e ~w~ of
ano~ mf~ ~ is ~o ~ r~o~d in ~e ~lic ~rds of P~m
Beth Co~, H~ ~ ~ ~m~ ~ all ~b~q~nt ~,
~t~, h~ or ~si~ of C~ ~fl ~ bi~ing on ~e C~to~
~d all su~ ~d ~sig~.
10~ It is agreed that thc City shall have no lishility in the event
them is a reduction, impaixmeat or termination in wa.ret s~rvic~ to be
pwvid~d uade. r this Agr~'ment duo to any prohibitmns, r~stzigtioxks,
limitations or r~u~nts of local, regional, State or Federal agencies o~
other agc~ci~s ~ jurisdie, tion over such matters. ALso, $~ke Ci~ ~J~ll
have no l~biffty /n the event ~ is a ~eductioa. impairment or
tea~fination of wa~ ~ due to acts of G-od, ac~id~ts, slzikcs,
casualties or offer
11. The C. astome~ .l~by-agrees to indemnifid, defend and hold
harml~ss th~ Ci~ of Boynto~;~h, Florida, its Mayor, Memb~s of tho
City Commixsi°~ OtTIC~% er~ md.agents (Both h ~ir individual
and official enpacities~t fix~n an~ agains~ all claims, damages, law suits and
cxpens~ includi~ r~onablc ~tnm~'s fe~s (whethcr or not incurred on
appeal or in .co~. ~tl~ wi~h PO~judgment collects) and costs ~ out
of or resulting fi'om the CaStomcffs obligation under or peffo~msnc~
pumuam to this Allreeme~
12. No adOitioaal agreements or ~tions shall be bi~ding
on any of Oae parti~ here~ .unless incorporated in this Agreen~t. No
modificatiol~ 0r c~g.e, in l~s ^g~ment shall be valid upon the lm~ties
unless in writing ~x,~Calgl by rig parties to be bound flgrcby.
IN WITNESS ~Wt'I~I~..OF, tim panics
scals this 6t~ day offf~ns~my2~l.
(As to owns)
h~r~/o bare ~ thor h,md,s and
STATE OF FLORIDA
COUNTY OF
I tIEREBY CERTIYY that on this day, before mc, an
authorized in thc Statc aforc~aid and in ~e Courtly aforesaid w takc
aeknowl~gmcnt~, l~rsonally appeared DONALD K. DOR~NI,
to mc known to bc thc person de. scribed in and who
executed the foregoing ias~ame~t that he aclmowlcdged before me thet he
executcd the same; that thc individual was ~crsonally known ?~o me.
WITNESS my hand and official seal in the County and State last
aforesaid this 6th day of JanAzary 2001.
(Norary Se~)
No~-y Public
WITNESS:
/ -/'
STAT~F FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me ~n officer d~ly
authorized in theStaLe aforess, id and in the Coun.ty aforesaid, to takc
acknowledgments, personally appeared ~eta./:t ~Fo~B~ ,Ma~or
and ~?~z¢~nl /~rad'e , CiW Clerk respectively, of the City
named in the foregoing agreemen~ and tha~ they ~evera]]y acknowledged
cxccuring san~ m thc j~re.~encc of two subscribing wi~.e~ses freely and
voluntarily undc~ ahthority duly vested in thcm by s~cl City a~d t~t the
F. XPtRES: ,~bm~ 24, 2004
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Palm Beach
[/We, Donald K. Dorini, hereinafter "Grantee". hereby make,
constitute, and appoint THE CITY OF BOYNTON BEACH. FLORIDA, true and
la~vful attorney in fact for Grantee and in Grantee'g name, place and stead.
for the sole purpose of executing on behalf of Grantee the power to initiate,
maintain, and complete a voluntary petition for annexation of the real
property described herein into the CITY OF BOYNTON BEACH. This power
shall extend to the CITY OF BOYNTON BEACH full and complete authority
to act on Grantee's behalf to accomplish annexation by any available
means. The real property which is the subject of this power is described as
follows:
The powers and authority of my attorney, THE CITY OF BOYNTON
BEACH, FLORIDA, shall commence and be in full force and effect on the 6th
day of January 2001, and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
the 6th day of January, in the year two thousand and one.
Sealed and delivered in the presence of
'Vqitness F ./
Witness
Donad K. Dorini
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this
6th day of January 2001, by T0o~c~l~ ~ '~,~, who is known tJ me and
who did/did not take an oath.
NOTARY PUBI[,IC
Type or Print Name
Commission No.
My Commission Expires:
POA.IND
CITY OF BOYNTON BC~ UIILI,~
FAX NO. : 561742~298 Ian, 22 2002 08:48A~1 P2
Boynton Iieach Utilities Dept,
Att~: Mr, Peter
12-4 East WooIbright
Boyntc~ Beaol~, Florl(la 33435
January
(Via F.~X
OearMr. Mazzella:
We are couneel for Donald K. Oorint, Ttultee and James W, 14~ C ,~v, n.em'),, in
c~ne~on with t.h..e, ir requeet for a land uae ehange an the property descnoeo on ~
atteCiled Exhibit A ("Property"). As ;ounael for the Owners ancl based t~pen ~e title
oommltment of Chicago Title Insurance Company, Commitment No. 300000658 dated
February 1t. 2000, wa are of the opinion that:.
Owners am the legal title holders of the Property with author~ to enter Into
any agreement nece$$an~ relat~g to water and sewer agreements with the
Boynton Beaoh Water an= Utilities Department.
WSGjr:lzm
~110,
lt. Omaton, Jr.
Mr, Donald K, Ocwini (via FAX)
Ma. Cennlfer Li~zak. Lend Deeign South tvie FAX)
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1280 N. Congress Ave. ~uite 215
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DOROTHY H. WILKEN, CLERK PB COUNTY, FL
FROM : CITY OF BOYNTON BCH UTILITIES
FAX NO. : 5617426298
~4 ~8~ 076t;
~an. 22 2001 08:46AM P2
GREATON AND GR;.AT~3~I
WBGjr:lzm
Mr, Donald K. Dcwini (via FAX)
Ma. ,Jenn~ar Li~.ak, I..nd Design