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R04-006RESOLUTION NO. R04- OOt~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND CARLOS VALENCIA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our ,rater and sewer service area, at 1200 Ridge Road, Lantana, Florida (Lot 128 and 129, Ridge _3rove), which is located in the San Castle/Ridge Grove project area; and WHEREAS, the subject parcel contains a single-family home, and only potable water s available for connection to the property at this time, due to water main improvements :onstructed by Palm Beach County as part of a neighborhood improvement project; and WHEREAS, City policy requires annexation of the property to be serviced at the ,~arliest practicable time, as a condition of the granting of water services outside its urisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as ~eing true and correct and are hereby made a specific part of this Resolution upon adoption ~ereof. Section 2. The City Manager is hereby authorized and directed to execute a Water ;ervice Agreement between the City of Boynton Beach, Florida and Carlos Valencia, said tgreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. ,:\CA',RESO~,Agreements\Water Service\Valencia Water Service Agreement.doc PASSED AND ADOPTED this_~ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA :\CAXd*,.ESO'~Agreements\Water Service\Valencia Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 City of Boynton Beach P. O. Box 3]0 9oynton [~:ach, Florida 3342~ 01/27/2004 12:19:17 20040046882 OR BK 16480 PG 0416 Palm Beach County, Florida Dorothy H gilken, Clerk of Court -oo( AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGRE~EME~T madp~on ,this _ day of ,20 , by and between ~.,~r-./~._'% ~,/~/~..r~_;'o,_ hereinafter called the "Customer", and the CITY OF 'I~'OYNTON 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 ~ 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 C~ty. 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 I 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 and all subsequent transferee, grantees, heirs or assigns of Customer shall 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 (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 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 /~' '/~day of j~ c,~,*,-~-~ ,2005 WITNESS: Witness Signatur~ ~ j/~itn_e//~ignature ,..,~~/'~'~-"~ I~ri-nted Witness Name Owner Signature Printed Owner Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature 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 ~hfe County .aforesaid to take acknowledgments, personally appeared LLCt. F?.5 VC?!~-_-/,1 C-i ~ 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 individuai-~a.s. I~.' :--'::-.'-:--"D;.'.~Z[c~-:~;k-~/~/.5:~~' ...... *" m" //5/-'z/7-~'''/-c'r provided _the,~.following proof of identification: .WITNESS mY/hand and official seal in the County and State last aforesaid this 4~- day of ,,/~,/~ ~ ,200~ WITNESS: I - 0.' COUNTY OF PALM BEACH) CITY OF BOYNTON BEACH, FLORIDA 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 ~-ee~7 T~.~I,~ , Mayor and -, City Clerk respectively, (~f 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 /5~ day of ~'~r~ ~_~,~.._ ,200_~ (Notary Seal) Notary Public Approved as to form: -~,City Attorney Legal Description Approved: JAC/Ims 900182 12/1 2/95. rev WATERSRV.1 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 3,3,308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY Of ~!v~ I/We, ,~ ~ c_ ~'~:~... , hereinafter "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 ,o,,ows: / 0o The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~/ ? ~day of ~J~ ~J~ , 20 C~L~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the /~ day of ~I 0 t,/, , in the year two thousand and ~"~f~ .~ Sealed and delivered in the presence of witness SignaJJ.'~ ' Pr~,,,/~Witness Name ' Witnes~s Signature Printed Witness Name Owne'r Signature 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 ) of ~,JH ~F.O R/E G el N G210NoS~,R U IV~ N T ~.-~"cL~wl e'~g,~b~?~_me t h,' s /------~adna~ '"qr /,¢~ . , wh., ai-~ i<riowi~ ,c, mo or who -bti~ produced j~... Z)r. j.-;e.~ (Lj'~. //'/- ~"?-- , as identification and who did/did not take an oath. My Commission Expires: POA. IND NOTARY PUBLIC_ /, .~. Type or Print Name Commission No~ 'V ]!q!LIX3 - delAI uo!~,eoo9 0 S.M. CASOI~A, I~I, CAS0~TA& GOF, 10402AYVIRWDI~T%~, 9600 1~. LAUDERDALE, ~PL 33304 00-43-45-09-09-000-1280 Special Warranty Deed This lndentu~e~ ~ ~is 15~h ~y of RAYMOND 2. LOOEXNAN, a s£ngle man ,2003 Betwccn wb~ ~ h: 1091A SUMMIT PLACE CIRCLE, Woo~ Palm Beach, FL 33415 andy, and ~.axeo ~uboeq'uen.~ 'c.o 2002. To Have Wi~ess ~A~ OF CO~ 1200EOUT ~Ocrm~O~~. ~e¢ {M3)'~}$ ~ Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary I~ Nikolits, CFA Palm Beach County Appraiser Public Access System -Property Information Location Address: 1200 RIDGE RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-08-000-1280 Subdivision: RIDGE GROVE IN Official Records Book: 16076 Page: 1427 Legal Description: RIDGE GROVE LTS 128 & 129 Sale Date: Oct-2003 - Owner Information Name: VALENCIA CARLOS Mailing Address: 1091 SUMMIT PLACE ClR #A WEST PALM BEACH FL 33415 -2003 Proposed Appraisal Improvement Value: Land Value: Market Value: Use Code: $15,456 Number of Units: 2 $14,976 Total Sq. Ft: 1250 $30,432 Acres: 0100 Description: SINGLE FAMILY -2003 Proposed Tax Ad Valorem: $595.03 Non ad valorem: $333.00 Total: $928.03 -2003 Proposed Assessed & Taxable Values Assessed Value: $30,432. oo Exemption amount: $0 (2003 Exemption) Taxable: $30,432.00 Exemption Information Unavailable. - Sales Information Sales Date Book Page Price_ Instrument 0ct-2003 16076 .1427 55000 WL) Sep-2003 16029 1665 35000 WE) Sep-2003 16029 1663 29000 QC Jan-1980 03280 0850 38000 00 Owner VALENCIA CARLOt$ LOUKINEN RAYMOND TRI COUNTY INVESTORS LLC Print InfOrmation http://www, co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509080001280 11/19/2003 Palm Beach CounW Property Appraiser Property Search System Page 1 of 1 Show Drawing / Map I ~ [Subareas for Building 1 ~ba r_ea~%q~F oo~.q~ AS BASE AREA AS BASE AREA Total ~ ~ Effective Area 800 00 00 450 00 00 1,250 Area Under Air oo oo -Structural Elements for Building 1 EXTERIOR WALL-1 EXTERIOR WALL-2 ROOF STRUCTURE ROOF COVER INTERIOR WALL-1 INTERIOR WALL-2 FLOOR TYPE-1 FLOOR TYPE-2 YEAR BUILT EFECTIVE YEAR TOTAL ROOMS BED ROOMS FULL BATH HALF BATH BLDG USE STORIES VINLY / ALUMINUM SIDING N/A GABLE/HIP ASPH/COMP. SHG.=I.00 WALL BD. OR WOOD=.88 N/A HARDWOOD/PARQUET=1.04 N/A 1948 1950 2 1 0 0100 1 Structural Elements for Building 2 EXTERIOR WALL-1 EXTERIOR WALL-2 ROOF STRUCTURE ROOF COVER INTERIOR WALL-1 INTERIOR WALL-2 FLOOR TYPE-1 FLOOR TYPE-2 YEAR BUILT EFECTIVE YEAR TOTAL ROOMS BED ROOMS FULL BATH HALF BATH BLDG USE STORIES CB STUCCO N/A FLAT BUILT-UP T/G= 1.00 WALL BD. OR WOOD=.88 N/A CONC. FINISH=.97 NIA 1952 1952 1 1 o 01oo 1 Show Drawing/Map ] Print Information http://www.c~.pa~m-beach~~~us/papa~main/stmct-detai~~asp?entity-id~~~4345~9~8~~~~2~~~ 11/19/2003