R16-0491
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RESOLUTION NO. R16 -049
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE
CITY MANAGER TO SIGN AN AGREEMENT FOR
WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY
OF BOYNTON BEACH AND LENNAR HOMES LLC;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
water and sewer service area, at 5300 Flavor Pict Road, 5450 Flavor Pict Road, and another
unnamed parcel on Flavor Pict Road (Parcel Control Number 00- 42- 46- 02 -00- 000 -5100, 00-
42- 46- 02 -00- 000 -5130 and 00- 42- 46- 02 -00- 000 - 5140); and
WHEREAS, the property covered by this agreement historically is vacant land with
agricultural related structures that receive water from wells located -in the unincorporated
Palm Beach County portion of the City's utility service area; and
WHEREAS, no additional construction will be required by the City to serve this
property and the owner agrees to pay all costs to provide service to the individual townhomes
being built.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby ,made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission hereby authorizes and directs the City Manager
to sign a Water Service Agreement between the City of Boynton Beach, Florida and Lennar
Homes LLC, a copy of which is attached hereto as Exhibit "A ".
S: \CC \WP \Resolutions\2016 \R16 -049 5300_Flavor_Pict_Road_WSA- _Reso.docx
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Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of 2016.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Commissioner — Justin Katz &-�
Commissioner — Mack McCray y
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
ATTEST:
Ju X A. Pyle, CMC
Ierim City Clerk
(Corporate Seal)
S: \CC \WP\Resolutions \2016\R16 -049 5300_Flavor Pict Road_WSA _Reso.docx
1111111 IN
CITY OF BOYNTON BEACH CFN 201601:31537
r L CITY CLERK'S OFFICE OR BK 28233 PG 1145
r RECORDED 04/18/2016 09:21:49
`Fri 3 p1 �2� Palm Beach County, Florida
+ , s Sharon R. Bock, CLERK & COKPTROLLER
Pgs 1145 - 1151; ( 7pgs )
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this 14 day of March , 201 , by and between
Lennar Homes LLC. (Name of Corporation), 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 424.3 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
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have 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
such 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
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this 14 day of March , 2016 , by and between
Lennar Homes, LLC. (Name of Corporation), 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 424.3 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
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have 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
such work performed, the Customer will also advance such additional funds as maybe 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 and 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 shall 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 shall 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.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer
and all subsequent transferee, grantees, heirs, 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
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 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 harmless 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
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suit's and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance 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.,
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
U
SS
E
1 '
Print Name
FOR CORPORATE NOTARIZATION:
STATE OF
)ss:
COUNTY OF
0 4, gel urr C
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
af9resaid and in the _ County aforesaid to take a knowledg �ne , personally appeared
as . if of IP,6 n4 kCW,0lW named in the
foregoing agreement and that he /she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said Corporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation.
Witness my hand and official seal in the Coun and Sta ast aforesaid this day of
201 (�
NOTP BLIC
Printed Name
My Commission Expires:
PATRICIA LLAMA
O�� AL 'F'i
r ` n MY COMMISSION #FF244718
EXPIRES: JUN 28, 2019
Bonded through 1st State Insuroce
4
CO]
By:
Its: Vice President
Carlos Gonzalez
Print Name and Title
{CORPORATE SEAL}
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Lennar Homes LLC (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
0
Lori LaVerriere, City Manager
ATTEST:
City Clerk
(SEAL)
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
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Lori
LaVerriere, City Manager and , 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 day of
, 201_.
(Notary Seal)
Notary Public
My Commission Expires:
5
y' .1
TIES INSTRMIENT PREPARED BY:
James A. Cherof, Esquire
City of Boynton Beach
100 E .Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Carlos Gonzalez as Corporate Representative of
Lennar Homes, LLC. , hereinafter "Grantee ", hereby make, iconstitute, 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- 42- 46- 02 -00- 000 -5100, 5130, & 5140
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 14th day of
March , 20 16 and the powers and authority shall be irrevocable by Grantee,
IN WITNESS WHEREOF, we have hereunto set our hands and seals the _ day of
__, in the year 20 14 .
Sealed and delivered in the presence of
the Signature
Print e
tness Signature
Print Name
STATE OF
Corporation Name: Lennar Homes LLC
By:
Print Name and Title:Carlos Gonzalez, Vice President
ATTEST
Secretary
Corporate Seal:
/ ) SS: i"q
COUNTY OF = ,(� ) C
44 e4i n 0 040
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afo esai and in the County af6resai,4 to take acknowledgment , per appeared
(� �p� � `� as , of 1„e y ji a y �,0 ; named in the
foregoing agreement and that he /she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said
Corporation and that the Corporate seal affixed thereto is the true corporate seal of said
Corporation.
Witness my hand and official seal in the County and
at L ,20/�
4 Pis PATRICIA LLAMA
MY COMMISSION #FF244718
EXPIRES: JUN 28, 2019 NO E
R Bonded through 1st State Insurance
Printed Name
My Commission Expires:
aforesaid this ' / day of
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