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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) FROM : CITY OF BOYNTON BCH UTIL]T!ES PAX NO~ : 5~ 3an 19 O1 09lll~ La~ ~esi~n Sou~h ORB l ~E~3C~e 1 Pg ::::~-..-.~0 CO~,,ENC, NG A ~ ~ SOUTHWEST CORIVER ALO~ T~ ~OUT~ L~ ~ T~ N~WgST ~ARTgR O~ 5A~ oECT~ IJ, A ~A~ ~' · FST QUARTER (S,~V4) OF T~ ~TH~S~ ~, A D~TA~ ~ 4~0 FEET TO A P~T ~ A L~ 40.0 FE~ ~RTH ~ A~ PAR~EL TO T~ SOUTH t~ ~ r~ ~T~ N0 ~42 W~ AL~ SAD EAST L~ A~T~g ~ ~160 , ~ TO A ~T ~ ~ S~STE~ Y AL~ SAD S~H-EASTERL Y ~T oF 72.75 F~ET TO A PO~T ~ A O~VE C~AVE TO T~ 5~AST ~ ~ A C[N~RAL A~LE ~- 2~03:~'' A~ A T~ A~ ~ S~ ~VE A ~'TA~ OF 9~8.54 F~T TO A CONTANiVC 5,21 ACR'~ ~fOR~ OR LESE. ORB ~.2341 PD 231 PEIDE~'rl~,~N C. OI,~IECTIC~ TO Ai~JACENT FLU= MR-.-5 I. UI-IITE C OOMME f~C., l AL ) P-"I~-22D ~ ~--~-1~4 ~ FE,~,TI.-IEf~ fm.U.ED. ~ ORB 12341 Pg 232 INTO FLU: Mt~-D t~E~,I~ENTIAL -..i~/,4L OFFICE LOW 2 - ,.~ T(:PI~'f" I : LAND LL.SE DE61~NATI C;L-O 8341 P~ 8~4 U,SE .~N,~,TIC~ r,. ¢ i" C. ONCURRENCT CASE NUMBER TC)T,Z~J.. pB;P..OJEC. T 51TE F.A.RL (MAX MAX EsLE:~. COV'Efe. AGE E~UILDIN~ CO'v'EP-.A~E MAX. I~,UILDING HEIGHT LAKE 5Uf~FAC. E Afe, E.A LAKE TI~..ACT ABe..EA t~E(:;~IRED PAf~.IN~ t=~Opc)SED PAf~.ING HANDICAP pAt;~KING t~EQUIPJ~D NC)TE5 - ,SAFE 51GHT Tf~IANGLE5 25' (C, HAMFEf~). -MAX. IE, UILDIN~ CO~v'Ef~,A~E 15 25%. -MAX. I~,U1LDING HEIGHT I,~ 35' -;"lAX.5' ENC~C)ACHPIENT OF UTILITY EASEt"IENT INTC) LANE:),SC-,Af='E - ALL ,~1C.~5 TO MEET 5' SETBACK. Ft~::h"'l ES.1B,.I..., NC) ENC_,fe.C)AC, HMENT UTILITY EASEi~1ENT- -EXST. = EXISTII',~ -ESMT. - EASEMENT - ]::)~=. = I:::)t~.AINA~E EASEMENT - L..ME. = LAKE MAINTAINCE EASEl"lENT MINIMUM DISTt~IC, T DIMENSION5 51ZE II.LIIDTH [ DEPTH MAXIMUM F,~,R MAXIMUM E~JILD II~k3 25% MINIMUM ESUILDING 5ET~ ~-3~'J ON DE~,I~NATION N/A MR-~ C:L -O i"IUPID 13,/4D/42 N/A G;,2.1 5~,~h~) 5Q.4=T. .I~, ~'l,&2"l SQ./FT. .'11 AC:. .g,'~ AC.. ) '1 -'~, -IAI'flFER). 'ILlTh' EASEl"lENT INTO LANID.~'..AlmtE IDU~', ."'~- ;K. FROI'I ID.ID/.., NO ENCROACt-IMENT INTO EMENT '1AXIMUM ~UtLIDIN~ FRONT 25' MINIMUM IDUILIDIN~ 5ETIDACK,5 ORB 1~.~1 pg IIIIIIl[lllllm I UJI-IITE FE4,Tt.-IE~ F:>.U.ID. ( COI'flPflE ~C I ~L ) I :=:'36 Cd?MMEt bl,a, Nl:::) IC.,~P/P,~t~K. IN~ DETAIL )lC. AP SIGN (FTP-25') CUR~, CUT TO CC~PL¥ ~ F AIDA ~ LOC,,,N... CODE 4"UJ t~AINTED 1. (IDLUE) 4 ,tLI DIA. l~E,~,l~t'4 TO ~ TO= PALl"1 I~EAC. t"I, FLOI~IDA ALL I::)IMEN,~IC:~I,~ AN~ NOTE.~ AI~.E TYPICAL- OP~B ~L ~ze I Pg ~'~7 OFFICE L c?tLI >1._'1' I/~ITI-.I ODE,5 I xl'" N.T.,.5. FLU: Mf~-5 Z: f~5 5E F:>_-lc:g_ 225 f~_"lC:g_ 12~4 LUNITE FE,A, TNE~ (f~ESII:DENTI,Z [DLIMPSTE~ )N . (I J J-lITE) IDA (TO CC~PL¥ ILIITt-I ,GE(:::. L,4KE L.4KE .71 P.U ~L) f~EC'T'CL INQ ,..~.,~, ~ ULDC AND ~ _ C.4:~CI~ETE P,a~,NEL~ 8,TEEL CJJI~15 -.'C~T ~ out. ek::l~ F, erlaet~r of ORB ~ -~'3~ 1 Pg -<~8 C,L-O IN~TIEHLITY I~IFt=E[~ m LOO,ATION t'"I,~F:> B $1Z~ RE(;~IREHENTS) ~LT~ ORB I C-15' .-0 3 ,~C. 2~0' 25~' ~.~5 25% 25' I ZONIN~ ~TAM~ N.T.~. NO.'nd 'il 25% 25' F~-~ 25' F~-5~' -~ID ENTF~,~NCE 51~N ~ER SEC.. 'T.14. N.T.$. NAME INGLE ,51ON FACE - AF~J--A: 14~ ,~. )NIN~ ORB 12341 Pg 240 DORO" ~. WILKEiN, CLERK PB COLS~TY, Fl. 0 MASTER/ REGULATING pLAN Congress I~m~e~$ Oenier 1280 N. Congress Ave. ~uite 215 West I~im Beael~ FI 8340e r~1-478-8~01 SCAI. I~, I'- 50' DRAWI~i BY, KDO/AJH DR~W~IN(~ · 7291MPl.dwg FIlE m 7~g.lA DATE, 12/20/00 REVlSE[h SHEEI'# 10F1 ORB 18341 Pg 8~;1 ORB 18341 Pg 836 ORB 18341 234 1 Pg 237 OB 18341 Pq °,-238 ORB 1 ORB 12341 Pg ~X::;~ld~TIC~ TO FLU: Mf~-B ORB 12341 Pg 835 ORB 12341 Pg 240 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