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 ~ -------
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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
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0330 0140 0030 0111
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0060
0300 1870 89( 1900 1920 1930 95 961 9i'I 981 991 DOl 201(1 03! 2040 06( 2070
0180 I~ 0070
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0200 \ 186 84( 83( 82( 81( 1791 1780 77 .,60 750 740 731 72( 1690 68( 67( 66( 65( ~s.
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0210 -
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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
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5020 0170 0190
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~ 0020 0170 03 04 \0030\0040
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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
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Property Address:
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1228 Highview Road
Lantana, FL 33462
~ '2.J1"o'
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FO, I /z ') I 40, DO' 1 FD. I- J:t2ot-J
1:201-.1 PI PE.
PIPE
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-"
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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
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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
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same,
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