R06-069
II
1 RESOLUTION NO. R06- oCoq
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND VINCENT NOCERA;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 807 Palmer Road, Delray Beach, Florida
14 (Unincorporated Palm Beach County); and
15 WHEREAS, the parcel covered by this agreement includes a single-family home
16 located in unincorporated Palm Beach County; and
17 WHEREAS, potable water and wastewater service are not available at the present
18 time, but are in the process of being installed at the adjacent development. The applicant will
19 be responsible for extending these services to their current and future units; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 property.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
29 Vincent Nocera, which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:ICAIRESO\AgreementsIWater ServicelNocera Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of March, 2006.
CITY OF BOYNTON BEACH, FLORIDA
~~ T1~
layer
Vice Ma
/~te.L/r ..LA-.L
~~
~10ner
< l<
Commissioner
Attest:
1n.~
S:ICAIRESO\AgreementsIWater ServicelNocera Water Service Agreement.doc
t 111111 III ~nlllllllllllllllm 11111 M'I
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CF 1'4 20~lbQi 1 ':7 U:~:I~J~1
OR BK 20109 PG 1285
. -'~ BtCORDED 0:::11' 28/2006 ~t8: 40 : 03
P-alm Be-actl County, Florida
'r _ Sharon R. BocK, CLERK t COMPTROLLER
i",: . Pgs 1285 - 1295j (111'98)
RDCo- O<oq
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGRE~~ENT made on this ~ day of -1n~ , 200~, by and between
_V,-,'\c.evtt Noee.fo...... 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 water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions 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 mutual 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 from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are ~ 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, rules 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
All snch hnes shall be approved by the Director of Utilities and subject to inspection by the City
En;' !!'ITS. The City shall have the option of either requiring the Customer to perform the work
nc, ny to conform the lines or the City may bave the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
suell work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water 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.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances ~d rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shaD be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable
Special Power of Attorney granting to the City the power and authority to execute and advance on
behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall
cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shaD not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges 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.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
de<;cribed in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
rccurded in the Public Records of Palm Beach County, Florida, and the Customer and aD subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prolnbitions, restrictions, limitations or requirements ofJocal, regional, State or Federal agencies or
other agencies havingjurisdiction over such matters. Also, the City shall have no liability in the event
there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fIre, earthquakes, other casualties or other circumstances beyond the City's
reasonable control
11. The Customer hereby agrees to indemnify, defend and hold hannless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents
(Both in their individual and official capacities) from and against all claims, damages, law suits and
expenses including reasonable attorneys fees (whether or not incurred on appeal orin connecti9n with
post judgment collection) and costs rising out of or resulting from the Customer's obligation under or
perfonnance pursuant to this Agreement including disputes for breach of warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
~ IN WITNESS WHEREOF, the parties hereto bave set their hands and seals thisOS' S- day of
--><::-1 ,200b
})~SS~ I / ~ / )~DfVJDUAL(S) AS OWNER(S):
X~~X) /1~wrAr~
. Witness Signature Owner Signature
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Printed Witness Name
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Printed Owner Name
Witness Signature
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Printed Witness Name
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Owner Signature
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l'rlllted Witness Name
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Printed Owner Name
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"Imted Witness Name r
FOR INDIVIDUAL (S) NOTARIZATION:
STATE OF FLORIDA )
) S5:
COUNTY OF PALM BEACH)
.
I HEREBY CEKflFY thai on this day, before me, an officer duly authorized ill tbe State
aforesaid .,.and in the _f=oun!y aJoresaid to take aCknowJedgn.1ents., personally appeared
__JiliiU.ft...L-__.LLt2C b ~lt ___ to me known to be the
r
person(s) described in and who executed the foregoing instrument that he/she a<:};L wledged before
me that he/she executed the same; that the individual personally known to me r provided the
following proof of identitication: _______________
~an~~;~cial seal;n tbe County and State last aforesaid "n~2~\ay of
(Notary Sea ,~..~,g'H:;;:;,. ROBERTA MASSEY ~ 71
' : ',~ MY COMMISSION # DD 475168
- EXP --~-- Not.ary~p lll)lJ'c - . -~~---._-----
~~ IRES: January 23, 2010
',9f"n\~\ Bonded Thru Notary Pubtic Underwriters
A ITEST:
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---_._~-~- -
STATE OF FLORIDA )
. '
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
J{urt:B N'A~neY" , City Manager and ua~+ Pf'Ll; f1,j.f.o , City Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the true corporate seal
affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this. ..t.:L day of
~~__,200t .
(Nmary S
..~\~~. VALOR/e MOATS
.:.1 MY COMMISSION /I DO 346198
';'!l EXPIRES; September 17, 2008
.' Bonded Thru Notary Public lJndelWlilers
7~//
Notary Public
n I D-td;-
,....
5
Palm Beach County Property Appraiser Property Search System
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Property Information
location Address: 801 PALMER RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-46-04-00-001-0110
Subdivision:
Official Records Book: 18294 Page: 1012 Sale Date: Feb-2005
leQal Description: 4-46-43, SLY 18 FT OF N 564.1 FT OF WLY 140 FT OF E 590 FT OF GOV LT 1 W OF FIND
- ~ CNL IN OR1688P154
Owner Information
Name: NOCERA VINCENT
Mailing Address: 243 E MCKINLEY ST
STOUGHTON WI 53589 1626
Sales Information
Sales Date Book/Page Price Sale Tvpe
Feb-2005 18294/1072 $625,000 WA RRANTY DEED
Feb-2005 18195/0042 $10 Q UIT CLAIM
Sep-2004 11516/1645 $10 Q UIT CLAIM
Owner
NOCERA VINCENT
MASON HOBART W
MASON HO BART W a.
[ Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
land Value:
Total Market Value:
2005 2004 2003
$88.59 56102 541 999
$225,00 5 225 00 5205 OO(J
$313.59 5 286 02 5252 999
Tax Year 2005
Number of Units: 2
*Total Square Feet: 2320
Use Code: 0800
Description: MULTIFAMILY < 10 UNITS
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
.....t_TmAlIIJ
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
'--~ ~ 10"~-lIIff"*iji'@\+)6;J
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detail on one page.
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@ 2004 Palm Beach County Property Appraiser.
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http://www .co.palm-beach.f1. us/papa/aspx/web/detaiI_info.aspx?p _ entity=004346040000 1... 1/25/2006
THIS INSTRUMENT PREPARED BY,
James A Chero!, Esquire
3099 East Commercial Blvd.
SUite 200
Ft Lduderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ?c-l Vh &<::LCl
lurre, l/liltE#'r
/tJC~ /rt
/
, hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's 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 ann~xation by any
available means. The real property which is the subject of this power is described as
follows:
00- f./ 3 - '-/ ro - 0 'f - Q? - 00 I - 0 1/ 0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ..;z L day of
~ 20 r; and the powers and authority shall be irrevocable by
Grk{ee. ;J / ,
~
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ;2--:) ><
day of , in the year two thousand and ;{&fPre
i;e~; in lh~resence Of:ie dJ~^
Witness Signature n r Signature
A-7YELf J-!oLC0l116 ~ v/J/a? 4"~ ;lCJe~L#-
Printed Witness Name Prinied Owner Name
~A/ ~~
titness Signature (j
.t? '" b.er .10- ~ '7 T
Printed Witness Name
Witness Signature
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?h, ~.d,Z
Owner Signature
Printed Witness Name
.
V/IJ/d.ElI/i IIOC!ER-/I-
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
IlJ"HE FOREGOING INSTRUMENT Y"p..' s acknowledged before me this ~.3 day
of ~L , 2008, by VI flJeenf N()(pLA- and
, who are known to me or who have produced
~...A-.- , as identification and who did/did not take an oath_
~~f .
/>1.7l1uL~a_ ~/ ce...
Type or Print Name
Commission NO_(fj ..__ .
· . My CommiIIlon 00231048
'\ ~ EllpnaSepllhlbll 21.2007
My Commission Expires:
POAIND
..
1 in. = 33.5 feet
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0130
0221
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04
807 Palmer Rd
CITY OF BOYNTON BEACH UTILITIES SERVICE APPLICA TION
TODAY"SDATE:
/'c:<.. S- . () (;
\
CURRENT SERVICE REQUEST:
FOR OFFICE USE ONLY
CUSlomr:r AccouDt Number
PLEASE COMPLETE Al"L INFORMATION I /) Lo.-? ~ ~ __
Date Sernre Requested: ~ ~ c;/a/ r -~r""'--
~rf '.J /.
Deposil Amount: $ ~. ." (, t:>O d~j)
CUIDf
Service Locati :
33~c:Y 3
Home Phone No. (561) ~ -6;; d--d
Drivers License No. Or Current Identification: ~ ~ ~
Social SecnrlIyNo."';? 7~. =50. /~ 3 )
Spuose Name: S
Employer's Name: ~
Bosiness Pbone No. (56]) '7 L7,;( - ? b ~
F..mployer's Addr~
Dale of Bir1b: /1 ,Ll '1'
g0 cJ - :=3 ~- c,/Cl 7.- cY v::w
q~
~ wisb to receive a Bank Drafting application?
~ Tenant (circle one). H lenan!., please provide information on owner of location:
Owner: TeJeoooneNo. .5"(b /- 7tJ 2 -? 6" tF-O
PREVIOUS SERVICE RECORD:
Have yoo bad otility service with tbe Cily or Boynton Beacb before? ~ ~
H Y5 ple~ give tb'J_~/ttOunt name and address on tbe nell1tine. diT
'tIL,uljMZ~ /0/ -/</5- /1 t: .c-7Z-GZ.<J&
Name / Addnss
Entail Address
~~
PLEASE MAKE CHECK PA Y ABLE TO: CITY OF BOYNTON BEACH
CUSTOMER RELATIONS
100 E BOYNTON BEACH BLVD
PO BOX 190
BOYNTON BEACH, FL 33425.0190
Please make sure the infonnation completed on the front of this form is correct before
signing this application. By signing below, you acknowledge and agree to tbe following:
I have received a ropy of the City of Boynton Beach "Guide to Water and Sewer Service" which
outlines customer account billing procednns, policies and fees (including possible $20 tDnl-On
fee to he billed to the account).
I understand that all meters are and remain the property of the Utility Department of the City
of Boynton Beach, and that DO person shaD maliciously, willfully, or negligently break, damage,
destroy, uncover, delete, or tamper with any structure or appurtenance or equipment which is
part of the sewer or waterworks systems of the City.
I understand that it is my responsibility to coutae:! the Utility Department of the City of
Boynton Beach if I wisb to cancel utilities services to the Service Location.
By signing tbis application, I understand and agree that the City of Boynton Beach shall not he
responsible for any water damage or other claim, loss, or damage wbatsoever, arising out of or
in any~a. y cted with the initiation of utilities service to the Service Location, including
any dam~ r;esuJt~be . nee oltbe City, its employees or agents.
~ L- . /C:<~.c:;6
Signa lure Date
Appllcaols -y ....0 drop oIJ applic:atioo ....d all applkable de)>ClOils at Oly Hall io lb. MaD, localed al JloyoIoD Beach
MaD - 10 Macy's. H...... of openttioo .... Mood8ylhroogh Friday 10:00 am '07:00 pm. Saturday 10:00 _10 3:00
pm and dosed OR Sundays and holidays. All applications will be processed the foJJowing business day. Deposits must be
made by check 01 money order only at City Hall in the Man..
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