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R03-053 11 RESOLUTION NO. R03-053 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CONTRACT RENEWAL WITH GALLAGHER BASSETT SERVICES, INC,; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GALLAGHER BASSETT SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On November 8, 2000, the City Commission approved the contraet renewal with Gallagher Bassett Services, Ine., which provides ongoing services to the City's Risk Management Department, with independent adjustment services for third party general, auto liability claims and third party property damage claims; and WHEREAS, the original contraet was for $39,841 however, due to a eredit from the previous year, the eontract has been reduced to $22,291. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution of the Renewal Contract with Gallagher Bassett Services, Inc., a copy of whieh Agreement is attached hereto. Seetion 2. This Resolution shall become effeetive immediately upon passage, PASSED AND ADOPTED this ~ day of April 2003. S:\CA\RESO\Agreements\Renewal Gallagher Bassett,doc II ATIEST: ACH, FLORIDA .. Commissioner S:\CA\RESO\Agreements\Renewal Gallagher Bassett.doc ~~~.. RD.3-IS3 THIS INSTRUMENT PREPARED BY: James A, Cherot, Esquire Josias & Goren, PA 3099 East Commercial Blvd, Suite 200 Ft. Lauderdale, FL 33308 :,:/TY OF BOYNTON BEAU' CITY CLERK'S OFFICE I. 03 OCT - 7 PH 12: I C 1/1/111111111111111111/1 09/29/2003 09:16:18 20030581311 OR BK 15918 PG 0339 Palm Beach County, Florida AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~I day of Ju '''I ' 20~, by and between ~e.STnA.. Lu.,~ R.iveRA 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 jurisdictiOilal iiiTIits 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 I.. if 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 BOOY. 1591B PAGE ~340 Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the instal:atron 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 En!~ineers. The City shall have the option of either requiring the Customer to peliorrr Ule work necessary to conform the lines or the City may have the work performe.d 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 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. The Customer acknowledges that this covenant regarding 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 the Customer BODY. 15918 PAGE 03LI1 and all subsequent transferee, grantees, heirs or assigns of Customer sl1all 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 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 (B0th in their individual and cfficial 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 Customer's obligation under or performance pursuant to this Agreement. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 2 I day of .j u.l 'f ' 200.3 WITNESS: ~ Witn s Signatu e A #,e~4;ViV~~;:-<:;~ . Printed tness Name (~A' ~_ )jg~~, Witness Signature / 8~l1n,v (;('~5 ((,' Printed Witness Name ' INDIVIDUAL(S) AS OWNER(S): ~ ,...I-~ Owner Signature N'~rG'" 1.... 2..L~U..t."(J.. Printed Owner Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature BOOK 15918 PAGE 0342 Printed Witness Name FOR INDIVIDUAL(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 aforesaid and in the County aforesaid to take acknowledgments, personally appeared -"'(}e '5toP-.. L u/s If,' ve& to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: ;:;L, d.F/~f/! 5 L/ttln&f... #1<... /~/) t. 6 :l-Vy-<ttt./, I WITNESS my hand and official seal in the County and State last aforesaid this . .;J L sf day of J .A.~ ' 200~ (Notary,,~~~.. Barbara M. Madden ~1-~--tA-- Ik - ItL p.~_ {fW~Com.m1ss1on#DD12S274 Notary Public : '!!. ~ = Expfres]n1y 19. 2006 ;~~ @:': Bonded 1bru "",p,~,n\\'" Atlantic Bonding Co., tn.c. ATTEST: .~ 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 Gera.ld groenl;~, Mayor and '"(}t2rle+ fraihi-fo , City Clerk respectively, of the Cit 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. gH-- WITNESS my' hand and official seal in the County and State last aforesaid this day of refl-e 1\'\ be r , 200~. (Notary . SUSAN COLLINS ~ MY COMMISSION # CC 913630 ~ EXPIRES: February 24 2004 . BoAdtd Thru Notary Public Underwrite.. Approved as to form: fl.. GJ)N~ J l[City Attorney JAC/lms 900182 12/12/95. rev WATERSRV,1 BOQX 15918 PAGE ~3b3 ~'" '1"u,' /lr.,4 , , ~ Notary Public ,., I { ~l Legal Description Approved: ,~'; "? //' ~(;4 I' BOO~ J5918 ~AGE ~344 # THIS INSTRUMENT PREPARED BY: James A, Cherot, Esquire Josias & Goren, PA 3099 East Commercial Blvd, Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF YAL~ 'EeAe.H I/We, AI ~ :> -ro yo L... . 1< I 'u..c. Y' 0- , hen:dnafter "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: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the c~ r day of Ju.ly , 200.3 and the powers and authority shall be irrevocable by Grantee. BODY. 15918 ~AGE ~345 ",. ' ... ~ IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of -.J.u.t'1 ~oo3 . in the year two thousand and __' Sealed and delivered in the presence of ~~ tl"tJXd::~!;;-5~ /~ 'II/} j} l ~1-1--lA--" Q _ ~~~ . Witness Signature 7? ()V11'1 (' e G I" 11 s;;t;" Printed Witness Name &1 ~ rJ.,' /2.~_1k Owner Signature ,if c....) 10,... J.... R.. L ~ .( .... ~ Printed Owner Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this ~ f day of ~, 20.o.a. by NeSToR. L. Rive.eA and l WAS (1, .0. ~IIV ...." ll::l I"~ 9f who have produced F\1~o- G:,3a- 'f~-~G:,( -I , as identification and who did/did not take an oath. --J~,-tL-ht, frLU~~ NOTARY PU BLlC Type or Print Name Commission No, :~/ ~ :c:.1 .:,,= ~ JUlY 19, 2006 *' A' ~:: UA.,t'U""",, -:;~l'-';;: ~......~ Bonded nru '~"f,~,~i\,> A11dJ.ltk B,)4df!t8 Ce.,lac. My Commission Expires: POA.IND !:lODY. 159! B PAGE~346 GEORGE W. MATHEWS III, P.i\. Attorney at Law Boynton Beach: (561) 738-5501 Boca Raton: (561) 391-0995 All other areas: (800) 383-0112 Suite 104, Congress Center 1325 S. Congress Avenue Boynton Beach, Florida 33426 Facsimile: (561) 738-2242 em{d/: mathews@,f!71lathews/aw,com ATTORNEY'S OPINION OF TITLE 1. Legal Description: Lot 185, RIDGE GROVE - ADDITION NO.1, according to the Plat thereof, as recorded in Plat Book 22, Page 43, of the Public Records of Palm Beach County, Florida. 2. Fee Simple Owner of Record: Juan Flores Reyes by Warranty Deed dated Aprill, 1997, recorded April 3, 1997, in Official Record Book 9727, Page 1809, of the Publie Records of Palm Beach County, Florida. 3. Real Estate Taxes: 2002 real estate taxes were paid on December 9,2002 under Tax fi)lio number 00-43-45-09-09- 000-1850 in the amount of$ 351.88, 8, Effective Date: , Esq. .. .... -... ~ . - - ..... I Ie; \ C J ' :,thy U, Wil~~I1, [ erk ... f-- 0240 0130 r~ 3110 3130 3150 3170 320e LIT] 325~J I 32i'0 I 3290 r3101332 1 f-- AIIUIi D 1 in, = 200,5 feet ~ ------- -- --- 1 '-- r 0010 0120 3090 3070 ~06( 05 3030 b021 3000 2980 2960 2150 2930 2910 2890 121 ~30 -- 1--- 0340 0130 t--- 0020 0112 40 2490 5H 521 2530 551 2560 60( ~61 2620 21i40 2650 ~671 1i681 ~611( ~701 0330 0140 0030 0111 ~ 50 gn -- 0320 0150 0040 ~ -- 60 0160 2480 2460 1!45( 44( 2420 2380 2360 2340 2::;30 2311 2300 29( 1!28( 27dl2 ~ 0310 IQ 0050 0092 ~ 0170 '~ 0091 -- 0060 0300 1870 89( 1900 1920 1930 95 961 9i'I 981 991 DOl 201(1 03! 2040 06( 2070 0180 I~ 0070 0280 U -- -L~ t+i~ . ~. R.. I... ... Hll n Vol~" ; .. . - ~~7r- 'W - "'i "~ 0200 \ 186 84( 83( 82( 81( 1791 1780 77 .,60 750 740 731 72( 1690 68( 67( 66( 65( ~s. 0260 0090 .... 0210 - 0250 0100 87( Jl861 851 ~84( 0821 0810 07111 0771 071iO 75( 07:30 72( IOn 0 tl70( p691 Jl68( 67( 660 651 0232 0110 0220 Lllt:1-I1 4 ....n Rn HJ( :J:.J 0120 0231 ---- 881 0890 0910 0930 0950 01180 0991 010 02( .= i ~11 0420 jJ441 il451 Jl46( 04 1020 0130 0030 n210 P20( 1180 1160 1141 1130 '12( 1100 ~09( 1061 1050 ~O( p390 0140 0370 36( 033 0150 J ~ DI nt:~ Rn s gll 0140 0160 0130 ~ 1220 24( 1250 11261 1280 1300 1311 34( 35l: 1360 ~ b16( 0170 p190 0200 02 0150 120 ~ ; 0160 . ~ 0180 ,: .." "" Ji 1550 1510 1490 1:190 151 0130 121 0100 00 5020 0170 0190 ,) t ...._._.~~,I MI....~R Rn MI....~~ ~n MI.... ~R Rn ~O ) 0010 ~ ; \0020 0010 0130 0140 0150 ~ 0050 0040 0030 0020 0010 ~ 0020 0170 03 04 \0030\0040 ~O 0180 0170 0160 0060 0070 -; ~ 0160 0090 0030 0040 ~ 0150 ;; 0100 ~ ,::"v "~?;J) k 0010 0140 20 0050 0110 ./ 0150 0020 0060 0130 ~ 0030 0040 ~160 0470 0120 80 0170 0030 0120 0070 Location Map YhL 7 / ~ ----- P'Cl'1'.1 "53" p ':tOSE l'i'r3A'51 BOOK 15918 PAGE 0247 Legal De~cription: Lot 185, Ridqe Grove Addition No.1, according to the Plat thereof recorded in Plat Bcx>k 22, Page 43 of the Public Records of Palm Beach County, Florida. Boundary Survey: Certified TO; F~rst ~rican Title Insurance Company; Juan Flores Reyes; F1nanc1al Research Services, Inc., its successors and/or assigns. Flood Zone; Flood Map: C 120192 0195 B " (' cI:. I-lII.:=>H VIE. '\tV ?-.OAI: ill \'l 'If! N A.o,QO' ciLoc...~ L012,,-,ee (p'2.,~llM) lP) .;:::a. 1=="0, ," 112.0,,", I 9 PIPE O. r- · 's::'O, 11'7...' 0-0 l12.l' IJ Pl Pe: ..J 'J Q -J --------- Cl'Oj. D.l?' -- Property Address: x " l..A.,o' . f.< -1-O'lD' DUE. STOI2V " U' 'eE.'"::>, ~ I - 0 ~ N 0 ~ ~ x 0 LO,.. 1~'2. 0 1-0'\ I ~l - Loi 'B~ 3 Q o 1228 Highview Road Lantana, FL 33462 ~ '2.J1"o' I ~ o' I' ' 1~..1 ~~rz~ ',' ~ ~~_ LO~'-, XI uJ L ..J ' I ~~ " x I~ ~o -j [j 0<" - [-(\0' ~"""-""EN;;%~i -0.'" \__L__~_ x ..__./_x_U I FO, I /z ') I 40, DO' 1 FD. I- J:t2ot-J 1:201-.1 PI PE. PIPE '0 c-I -" " P. I 0 e:. e:. c::> Po ov' e:. p,e. '2..'2.. Pc.:" b SURVEYORS STATEMENT: THIS SURVEY WAS PREPARED FOR MORTGAGE PURPOSES, IT IS NOT INTENDED FOR ANY OTHER USE, PERMITTING ADDITIONAL CONSTRUCTION. ETC. REQUIRE ADDITIONAL INFORMATION WHICH MUST BE OBTAINED FROM THIS OFFICE. GENERAL NOTES: 1, LEGAL DESCRIPTION FURNISHED BY CLIENT. NO FURTHER SEARCH OF PUBLIC RECORDS WERE MADE BY THIS OFFICE, 2. ANY ElEVATIONS SHOWN HEREON ARE PER NATIONAL GEODETIC VERTICAL DATUM OF 1929, 3, ANY CORNERS SHOWN AS SET ARE #4 IRON RODS WITH CAPS. (LS #5(44) 4, NO EXCAVATIONS PERFORMED AS TO DETERMINE UNDERGROUND ENCROACHMENTS. IF ANY. IE FOUNDATIONS, SPRINKLER SYSTEMS. ETC. . , , 5, DISTANCES AND ANGLES ARE FIELD MEASURED AND CORRESPOND WITH RECORD INFORMATION EXCEPT WHERE NOTED, " LEGEND: P,C. = POINT OF CURVATURE P.T. = POINT OF TANGENCY P.R,C, = POINT OF REVERSE CURVATURE p,C,C, = POINT OF COMPOUND CURVATURE P.R,M. = PERMANENT REFERENCE MONUMENT P,C,P, = PERMANENT CONTROL POINT P.O.B, = POINT OF BEGINNING P,O.C. = POINT OF COMMENCEMENT 6 = CENTRAL ANGLE R = RADIUS/RADIAL AL = ARC LENGTH <t = CENTERLINE R/W = RIGHT-OF-WAY CHAT = CHATAHOOCHEE t = PROPERTY LINE EASE = EASEMENT FIELD DATE 03-25-97 SCALE: 1 "=20 ' DRAWN BY: Margo/ef INVOICE NUMBER: 14391 REVISION: I HEREBY CERTIFY THAT THIS SURVEY H~,S BEEN PREPARED BY THE OFFICE SHOWN HEREON N,I() THAT! AM THE SURVEYOR OF RE- SPONSIBLE CHARGE FOR NONE OTHER THAJ~ SAID OFFICE. ADDI. TlONALL Y. THIS SURVEY fll1EETS C- - - THE MIN:MUM TECHNI- CALSTANDARDS AS SEl f'ORTl 'I-! 6 OF THE FLORIDA ADMINISTRATIVE CODE ~I' 7027 OF THE FLORIDA STATUTES, ""p , SIGNED: ' /1/ ::?"t" ./f..1..D UJ~INO FURL A4 ;.REGISTERED U\oI'lv "",<IIEYOR NOT VAUD U 55 SEAlED WIT~J~ EMBOSSED LAND SURVEYORS SEAL { ......... 'f" - - __I,,!/~ ..... ,-;;..- ~ ." ~,,' 'r , ... u t -... ,} ........ '""' -{ GT SURVEYING SERVICES, INC. REVISION: 4645 H. Suite 3. Southern Blvd, West Palm Beach Florida 33415 Office (407) 689-0318 Fax (407) 478-9075 Mobile (407) 371-4066 t'lLJoI'''1T "A4 BOOK 15918 PAGE 0348 POWER OF ATTORNEY Known all men by these presents, which are intended to constitute a General Power of Attorney, That we JUAN ALBERTO FLORES RIVERA, Social Security Number 583-63-8834, of legal age, single, and resident of Aguas Buenas, Puerto Rico; CARLOS RUBEN FLORES RIVERA, Social Security Number 583-63-8727, oflegal age, single, and resident of Aguas Buenas, Puerto Rico; and CARMEN MILAGROS RIVERA RIOS, Social Security Number 584-30-4866, ofIegal . age, single, and resident of Aguas Buenas, Puerto Rico do hereby appoint NESTOR L RIVERA, married with Aida Rivera, ofIegal age, and resident of 130 Tulip Tree Drive, Lantana FLA 33462, to act in our name, place and stead in any way which we ourself could do, if were personally present, with respect to the following matters: To sell and do any real estate transaction in relation of the following property: Legal description of the real property, located in Palm Beach County Ride Grove ADD No, 1 LT 185, Address: 1228 Highview RD Lantana, FLA 33462. This property was an inheritance of Juan Flores Reyes, who bought it with his wife, Carmen Milagros Rivera Rios. In Witness Whereof, I have hereunto signed my name and affixed my seal this 18 day of March, 2000 , ~ AN ALBERTO FLORES RIVERA ~.~~,~ CARMEN Mll,AGR S RIVERA RIOS AFFIDAVIT NUM, -34,409- CO/lAy KUvktLJtw il~) CARLOS RUBEN FLORES RIVERA STATE OF PUERTO RICO, COUNTY OF AGUAS BUENAS, ss: On the 18 day of March, 2000, before me personally came JUAN ALBERTO FLORES RIVERA, CARLOS RUBEN FLORES RIVERA and CARMEN MILAGROS RIVERA RIOS, identified by Driver's Licences No, 1914763,2046802 and 950466 respectivelly; to me known to be the individuals instruments, and the" fJl,...lrnt"'\..'l,l,....ri,....."...I +...." .,.,.01 +~..... ...t..........~ ...J......,...""...a.........J:_ ..._..J ..._~L.....__ _..................._...J ...t..__ 1:'__ ___._ .~. _ _~__ __ . _ 1 "t J ------.... "---0-- ...-- &&&- .......-.. "'''&-J __"'_&&V__ "&., -...... "......""....... "'~"'''''UL''''\.& \.IJ\,.. ..l.V.....oV.J.15 ,",A\';\,.IUl.\,...U LIJ\,; same, ~ ~.. ~' /0 ~;-...... J ;/,) "-~, \ i IV ~." / T', ~, j~ ~,' -\\ ;' '." ij. -:~;X.J,.I\\" F\' I '" '-"'~ - "'...', ~ \ C':i~,-.,._ ~ - ~'.~_:..;-1::~ .. ~!..