R17-008 1 RESOLUTION NO. R17-008
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 CITY MANAGER TO SIGN AN AGREEMENT FOR
6 WATER SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND JAMES M. COLBY AND
9 SHERRY A. COLBY; PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, at 1101 Peak Road, Lantana, FL 33462 (Parcel Control
15 Number 00-43-45-09-09-000-2670); and
16 WHEREAS, the parcel covered by this agreement is a single-family home located in
17 the unincorporated Palm Beach County portion of the City's utility service area; and
18 WHEREAS, the property historically receives water from a well and the owner
19 requests that the City provide potable water in the future; and
20 WHEREAS,No additional construction is required by the City to serve this property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 Section 2. The City Commission hereby authorizes and directs the City Manager
27 to sign a Water Service Agreement between the City of Boynton Beach, Florida and James M
28 Colby and Sherry A. Colby, a copy of which Agreement is attached hereto as Exhibit "A".
29 Section 3. This Resolution shall become effective immediately upon passage.
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30
31 PASSED AND ADOPTED this 17th day of January,2017.
32
33 d CITY OF BOYNTON BEACH, FLORIDA
34
35 YES NO
36
37 Mayor—Steven B. Grant ✓
38
39 Vice Mayor—Mack McCray ✓
40
41 Commissioner—Justin Katz
42
43 Commissioner—Christina L. Romelus
44
45 Commissioner—Joe Casello V
46
47
48 VOTE
49
50 ATTEST:
51
52
53 ;, ' _.
54 Judy A. Pyle, CMC
55 City Clerk
56
57
58
59 (Corporate Seal) gtO
60 *IptA
61
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CFN 201 7003-556.7
CITY;:OF`BClY ON BEACH O� BK. 23862 F G . 1412
1``1.� ry{� ('� FG2}�'S OFFICE RECORDED 011/31/2017 12:03:30
F'alrn Beach:Counts v F1or i da
Shiron. So i?acJ rCLERK c� COI1FIROLLEk
17.FEB 10 tiI1: Q8 Pas 19.12. 1''i•ih°v .(SR�s,
I `N.
v. r
4 G 41. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
,� �, . .," D'� - ;� 1 --00
'.� ��°�`�' COVENANT FOR_ANNEXATION
(Individuals)
This Agreement,made on this I f ` day of J:4nuwa42_ ' ;20:17,by and between:.
James M.Colby and SherryAgnellC,Colby..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 theOwner(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) 00-43-45-09-09-000-2670
LEGAL DESCRIPTION: Lot 267, RIDGE GROVE — ADDITION NO. 1, according to the
Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County;
Florida, recorded in Plat Book 22, page. 43; said lands.situate lying and being in Palm Beach
County, Florida.' : -
2. The City agrees to provide Owner(s) withwater: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.
Page1 :of 5
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
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 toinspection
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 Owners) 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 asmay be necessary to pay the.total actual costs of providing the
work.
8. Any water main extension made under the Agreement shallbe 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 o the Code of Ordinances and regulation s:of -
Boynton Beach.
9. Ownership and title Jo 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'Director of Utilities, then this CITY, without liability, may
refuse to initiate service to the subject Property.
page .2 of 5
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:AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS .
AND
COVENANT FOR ANNEXATION
(Individuals)
• 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 consideredto 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 theeventthere is a reduction,
impairment, or termination in waterservice 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
17. The .Owner(s) hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, 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 or in connection with post-judgment collection)and costs rising out
of or resulting from the Owner(s)'s obligation under or performance pursuant to this
Agreement, including disputes for breach of-warranty of title:
18. No prior or present 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:
19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial
title to the Property which is the subject of this Agreement.
20. In the event of a saleof the Property by Owner(s), Owner(s) agrees to provide
written noticeof the existence of this Agreement to the buyer of the Property prior to
or in conjunction with the closing of the sale transaction.
Page 3 of. 5
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /l day of
N-N.k 1•k1 , 20 tri. Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: IND UAL(S)AS OWN ' ,"):
Olethtfk 1/4311'N-a-tA .r......„.. -1--3--r (2_
Eirst Witn- • i u ature her Signature
__• ilff_.91A_.Vl 3-4.-1-1 s 4 C 0 L_a
Printed Witness e Printed Owner Name
* .1.m--111r4e10
Second r`` ►-..s Signatuu�
61s7t A.F A_ C erre'.
Printed Witness Name
a.41/
C balk 4 .� /' �//
First Witne ignature Owner Signa vj e / -- ��
t __/Je • �. :,•• Printed Owier Name
Sec nd Witness Signatures
Printed Wit r'iess Name .
FOR OWNER(S)NOTARIZATION:
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 be Q a_g_ d4-e. as the
Owner(s) named in the foregoing Agreement and that he/she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily and that the individual was. ep r�ip11y known tz.L.ne or provided the
following proof of identification:
WITNESS my hand and official seal in the County and State last afores.id this //day of.3A-1-4 ,20.a.
e 4,01,444„� /,
SANDRA K HENSCHEL
•''�t�. •% MY COMMISSION#GG 008607 • . 1 otary Public Signature j
`*' ,'4 71 EXPIRES:November 4,2020 J i=i - !< ti G
a, dt'�•• Bonded Thru Notary Public Underwriters
�P,�,t�• 1 Printed Name of Notary Public
My Commission Expires:. ll hal.,9,0 Commission Number: C"0- O C) $la®
Page 4 of 5
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(3) .doc
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
: AND
COVENANT FOR ANNEXATION
(Individuals)
CITY OF BOYNTON BEACH,FLORIDA
A Florida municipal corporation
By: . . C
Lori LaVerriere, City Manager
ATTEST:
City ♦ ;rk
•
Approved as to Form •
C. Attorney . j'
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH ) •
I HEREBY CERTIFY that on thisday,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
Judi the jA_Pv.l e,City Clerk-- - spectively, of the City namedinthe foregoing Agreement and that they severally
I aclaiowledged executing same and voluntarily under authority duly vested in them by said City and that the City seal
affixed thereto isthe true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this2 4 day ofJanuary ,20 17
(Notary Seal) ' �i�' '1'71/7i/ i IA 'T"
Notary Pu
Stanzione
Printed Notary PublicName
My Commission Expires: 3/2 5/2 0'19 . Commission No. FF213683
is
MY COMMISSION#FF213683
'�•'-•?v EXPIRES March 25.2019
(4C7 i 395-0153 Fforidallo:arySorvico.com
Page 5 of 5
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Water Service Agreements Outside the Cityof Boynton Beach Limits
4-1„ (Single Family Homes)
TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS
(SINGLE FAMILY HOMES)
FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT
RE: WATER SERVICE AGREEMENTS
1. Please note that all blanks(other than signatures)are to be typed or legibly printed.
2. Names in the blanks must match the owners'name exactly as it appears on the Deed to the Property.
• Correct example:John Ralph Customer and Alice D.Customer
• Incorrect example: John R. and Alice D. Customer
• Incorrect example: John and Alice Customer
3. Sign the Agreement for Water Service Outside the City Limits and Covenant for Annexation (on Page 4) and
the separate Irrevocable Special Power of Attorney.
4. Have all signatures properly witnessed and notarized on both Agreements, including the full names inserted in
the Notary's Certification.
5. Provide the Property Control Number below and attach a copy of the Deed to the Property and legal description
(Labeled"EXHIBIT A").
6. Provide the Owner's Information and Property Information requested below.
7. Return all documents to Utilities Administration Office, 124 E Woolbright Rd,Boynton Beach FL,33435.
Sincerely,
Customer Service Manager—Utilities Finance Department
OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME FOR PROCESSING THIS APPLICATION,PRIOR TO SCHEDULING IT 3-4
WEEKS BEFORE A CITY COMMISSION MEETING FOR APPROVAL.CITY COMMISSION MEETINGS ARE NORMALLY SCHEDULED ON
THE 1ST AND 3RD TUESDAY OF EVERY MONTH. THE TOTAL TIME SCHEDULE FOR APPROVAL COULD BE AT LEAST 5-6 WEEKS FROM
THE DATE OF SUBMITTAL TO THE DATE OF COMMISSION APPROVAL DEPENDING UPON THE COMMISSION MEETINGS DATES.
Owner's Information
Owner's Name: JAMES M. COLBY
Mailing Address: 1861 FINNHILL DR BOYNTON BEACH, FL 33426
No. &Street City State Zip Code
Home Telephone No Mobile Telephone No. 561-758-1117
Property Information:
Address: 1101 PEAK RD LANTANA, FL 33462
No. &Street City State Zip Code
County Appraiser's Office Property Control Number(PCN) 00-4345-09-09-000-2670
S:\Customer Relations\FORMS\Water Service Agreements\Cover Letter-Single Family Homes10-7-15 (3).doc
Page 1 of 2
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�e�t,`o -Gary R:,Nikolits,CFA .-L,',_ Homestead,Exernption I E-file `
Property,Appraiser ' -' ; - , _(614t1g,'"
FS,,,,+' Palm Beach County -- a
Owner Name: COLBY JAMES M& \
Parcel Control Number: 00 43 45 09 09 000-2670
Location Address: 1101 PEAK RD
Structural Sketch for Building 1 \
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Exterior '
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10. Roof GABLE/HIP !
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Code Sq.
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