R14-058 TT
l; RESOLUTION NO. R14 -058
2;
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND GJARS PROPERTIES LLC;
PROVIDING AN EFFECTIVE DATE.
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1 WHEREAS, the subject property is located outside of the City limits, but within our
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13 , water and sewer service area, at 1221 Miner Road, Lantana, Florida (PCN: 00-43-45-09-08 -
14 I 000 - 1510); and
151 WHEREAS, the parcel covered by this agreement includes a multi - family home
16 j located in unincorporated Palm Beach County portion of the City's utility service area; and
17 i WHEREAS, the property historically receives water from a well and the owner now
181 requests that the City provide potable water in the future; and
19 WHEREAS, no additional construction will be required by the City to serve this
211 property.
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21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2A being true and correct and are hereby made a specific part of this Resolution upon adoption
2' hereof.
26 Section 2. The City Commission hereby authorizes and directs the City Manager
2 to sign a Water Service Agreement between the City of Boynton Beach, Florida and GJARS
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2 Properties LLC., a copy of said Agreement is attached hereto as Exhibit "A ".
29 Section 3. This Resolution shall become effective immediately upon passage.
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1 PASSED AND ADOPTED this 16 day of July, 2014.
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4 CITY OF BOYNTON BEACH, FLORIDA
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11 � �'c. Ma J e Casello
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14 Commi : - ►s' eiker
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171 ommi ssi ner — ► ��
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20 Commissioner — Michael M. Fitzpatrick
21 ATTEST:
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24 � a V • fACCA,,,K,A±0
25 t M. Prainito, MMC
26 ity Clerk
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28 . st ; ' ^ ,. r. I
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31 (.rpr eal)
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• AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
This Agreement, made on this 29th day of May, 2014, by and between:
GJARS Properties LLC, hereinafter called the " Owner(s),"
and
THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter
called the "City."
WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water
service from the City Water System and the mutual covenants expressed herein, the City of
Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows:
1. Owner(s) represents and covenants that it owns the following described real property
(hereinafter "Property ") located outside the boundaries of the City, but in the City's water and
wastewater service area:
County Property Appraiser's Property Control Number (PCN) 00- 43- 45- 09 -08- 000 -1510
2. The City agrees to provide Owner(s) with water services from the City Water System
only as necessary to service the Property.
3. Owner(s) shall not use or supply water it receives from the City to service or benefit any
property other than the Property described in paragraph 1 above, unless written permission is
granted by the City of Boynton Beach.
4. The Property requires 1 (specify number) Equivalent Residential Connection(s).
5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and
inspection of the facilities as required by the City Code to provide service to the Owner(s)'s
Property.
6. The Owner(s) shall be responsible for installation and conformance with all applicable
codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines
shall first be approved by the Director of Utilities and subject to inspection by the City Engineers.
7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed
contractor to perform the necessary work or (b) the City may have the work performed in which
case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such
work performed, the Owner(s) will also advance to the City such additional funds as may be
necessary to pay the total actual costs of providing the work.
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
8. Any water main extension made under the Agreement shall be used only for Property of
the Owner(s), unless written permission is granted by the City of Boynton Beach for other party
or parties to connect pursuant to the Code of Ordinances and regulations of Boynton Beach.
9. Ownership and title to all mains, extensions, and other facilities extended from the City
Water Distribution System to and including the metered service to Owner(s) shall be vested in
the City exclusively unless otherwise conveyed or abandoned to the property owner.
10. The Owner(s) agrees to pay all charges, deposits, and rates for service and equipment in
connection with water service outside the City limits applicable under City Code of Ordinances
and rate schedules which are now applicable or as may be changed from time to time.
11. Owner(s) shall pay a twenty-five percent (25 %) surcharge on all base facility and water
use charges to the Property.
12. Any rights -of -way or easements needed by the City to provide water to the Property shall
be provided by the Owner(s) and at the Owner(s)'s expense,
13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his or her
transferees, grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and
sold under this Agreement is made available from surplus. If the surplus does not exist at the
time of Owner(s)'s actual request for commencement of service, as determined by the City's
Director of Utilities, then this CITY, without Liability, may refuse to initiate service to the subject
Property.
14. The Owner(s) further agrees in consideration of the privilege of receiving water service
from said City, that the execution of this Agreement is considered to be a voluntary Petition for
Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment
thereto. Furthermore, should any other general law, special act, or local law be enacted which
provides for voluntary or consensual annexation, this Agreement shall also be considered a
request by the Owner(s) for annexation under such other laws. The Property shall be subject to
annexation at the option of the City at any time eligible under any one or more of the above-
.
referenced laws concerning annexation. Owner(s) will inform any and all purchasers of this
property of this voluntary Petition for Annexation and its applicabilities to such purchasers.
15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a
covenant running with the land described in paragraph 1 above. This Agreement is to be
recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all
subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agreement.
16. 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
prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies
or other agencies having jurisdiction over such matters. Also, the City shall have no liability in
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
CITY OF BOYNTON BEACH, FLORIDA
A Florida municipal corporation
By:
Lori LaVerriere, City Manager
ATTEST.
City Clerk
Approved as to Form
City Attorney
STATE OF FLORIDA )
) ss.
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in
the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, Interim City Manager
and Janet Pramito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally
acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City 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 day of , 20__
(Notary Seal)
Notary Public Signature
Pnnted Notary Public Name
My Commission Expires: Commission No
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IRREVOCABLE SPECIAL POWER OF ATTORNEY
(Individuals)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I /We, GJARS Properties LLC, 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 annexation by any available means. The real property which is the subject of this
power is described as follows:
PCN No.: 00- 43- 45- 09 -08- 000 -1510
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 29tg day of May , 2014 and the
powers and authority shall be irrevocable by Grantee.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
SIGNATURE PAGE FOLLOWS
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IRREVOCABLE SPECIAL POWER OF ATTORNEY
(Individuals) I ll
IN WITNESS WHEREOF, we have hereunto set our hands and seals this?' day of
i cy , in the year 20�/ .
1
Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDIVIDUAL ER(S):
First Witness Signature' Owner Signature �/
RENEE M. RUIZ /r�d.4f f / /Xll /?'4 )i�r
P t- I 'tn s Name Printed Own & Name (
Se' . d i ness Sit ature
Printed Witness Name
First Witness — Signature Owner Signature
Printed Witness Name Printed Owner Name
Second Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
y rx
THE FOREGOING INSTRUMENT was acknowledged before me and executed the same thl day of /7? ,
20 Itt , by f ' 4,y) „�,-{, 9-j, and who are own to
, mee or who have produced the/following as proof of identification
y' Notary Public Signatu
r ' ^k MEW M. RUIZ
` MY
COMM 1ssroN #EE15602g RENEE M.RU1Z
^'* . sonyad TMa N p i pp E 2016
Printed Notary Public Name
My Commission Expires: Commission No.
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