R05-143
II
1 RESOLUTION NO. R05-j t.j-~3
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND BLACK DIAMOND
9 INVESTMENTS LLC; 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, located at 1141 Alto Road, LakeW orth, Florida (Ridge Grove
15 ADD No.1, Lot 324); and
16 WHEREAS, the parcel covered by this agreement will include a single-family home
17 located in the Sand Castle/Ridge Grove project area; and
18 WHEREAS, a water distribution main has recently been completed on this street
19 allowing for the service to this parcel; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 property.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Black
29 Diamond Investments LLC, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Water Servj(;e\Black Diamond Water Service Agreement.doc
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II
1
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this (/.v;J day of ~1'/E/J;d'2-rL
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Attest:
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<City Clerk ,,/ ?
S:\CA \RESO\Agreemel1l5\Water Service'Black Diamond Water_eIVice Agreement.doc
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TillS INSTRUMENT PREPARED BY:
James A Cherof, Esquire .
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
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AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR A'lNEXATION
TillS AGREEMENT made on this _ daX of ___,200_, by :md between
'3le>J<.1) ;",,,,,,^d~ved,,,eJ < LLe - i?."Jd l!> J"'Ci,b 1J.~.vtereinafter called the "Customer", and the CITY
OF BOYNTON BEACH, a municipal cOIpor~tion of the State of Florida, hereinafter called the
"City".
WHEREAS, Customer owns real property outside of the jllrisdictionallimits 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 gram 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 servio~ 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 confonnance with all codes, mles and re:gulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
1
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 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.
2
9. 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 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,
impainnent 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, impainnent 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 including disputes for breach of warranty of title.
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.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
If WI. TNESS WHEREOF, the parties hereto have set their hands and seals this t+- day of
~f).Jt ,200.>'.
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WITNESS:
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Printed President's Name
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Witness Signature , 1
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Printed Witness Name
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Witness Signature
Vice President/Secretary's Signature
Printed Witness Name
Printed Vice President/Secretary's Name
Witness Signature
Printed Witness Name
(CORPORATE NOTARIZATION)
FOR CORPORATE 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
Ko"",,,/<L 3, :JacobSo,,,j 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: rID r :d({. j), L , .
WITNESS my hand and official seal in the County and State last aforesaid this Is if' day of
CZ"J v Jf ,200e?
(Notary Seal)
WITNESS:
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i 8;,!' SUSAN =~ ~
; , E>opno 3/112008 ;
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Notary Public
r:g::NBEACH, FLORIDA
Kurt Bressner, City Manager
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ATTEST:
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STATE OF FLORIDA )
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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
r1d+ {~P("~Sfl-(L ,CityManagerand ')"nit. M (f/f'v.:+", ,CityOerk
respectively, of 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 o~al seal in the County and State last aforesaid this
~PG..jl1A_- ,200,j
(Notary Seal)
U'-
I b day of
'-.";;""ucfnu<<-- /4. I~t (R.",&f<{v
Notary Public
Approved as to form:
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City Attorney
""~V~!./'''' Barbara M. Madden
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ft,( irt "''f:~ OlIll':1illlOn # DD125274
'~'.~.'<s< Expues July 19. 2006
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5
Palm Beach County Property Appraiser Property Search System
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- Property Information
Location Address: 1141 ALTO RD
I ,~VII&"'R,,_J
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-3240
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 18763 Page: 1503 Sale Date: Jun-2005
Legal Description: RIDGE GROVE ADD NO 1 LT 324
Owner Information
Name: BLACK DIAMOND INVESTMENTS LLC
Mailing Address: PO BOX 541574
BOYNTON BEACH FL 33435
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Sales Information
Sales Date Book/Page
Price Sale Type
Owner
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Jun-2005 18763{1503
Jun-2004 17340{423
Apr-2004 16906{363
$137,500 WARRANTY DEED BLACK DIAMOND INVESTMENTS LLC
$125,000 WARRANTY DEED PINKNEY TAVARIS
$78,000 WARRANTY DEED MAZUMDER MDSHAFIQUR R a
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
2004 2903 2002 r Tax Year 2004
53,998 $49,478 $45 291 Number of Units: 1
.12,815 $11.52~ $9 OO~ *Total Square Feet: 1208
.66,811 $60.998 $54 298
Description: RESIDENTIAL
* in '.identill. propert_ may indiCllte living .rea.
A
ssesse an axa e a ues
Tax Year: 2004 2003 2002
Assessed Value: $66 811 $60 996 554,298 I, Sto.I:t&Im~
Exemption Amount: S~ SO ~u
Taxable Value: S66 811 560 996 $54,298
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Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2004
130
191
1 9
2003
1193
19
1385
2002
106
18
125
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Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations
Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer
http://www.co.palm-beach.fl.uslpapaJaspx/web/detail_info.aspx?p _ entity=0043450909000", 7/27/2005
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April 2ll, 2003
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
RONAL B. JACOBSON
BLACK DIAMOND INVESTMENTS, L.L.C.
6010 LAS COLlNAS CIRCLE
LAKE WORTH, FL 33463-6560
The Articles of Organization for BLACK DIAMOND INVESTMENTS, L.L,C. were filed on
April 25, 2003, and assigned document number L03000014977. Please refer to this
number whenever corresponding with this office.
In accordance with section 608.406(2), F,S" the name of this limited liability company is
filed with the Department of State for public notice only and is granted without regard to
any other name recorded with the Division of Corporations.
The certification you requested is enclosed,
A limited liability annual report/uniform business report will be due this office between
January 1 and May 1 of the year following the calendar year of the file date, A Federal
Employer Ipentification (FEI) number will be required before this report can be filed,
Please apply NOW with the Internal Revenue Service by calling 1-800-829-3676 and
requesting form SS-4,
Please be aware if the limited liability company address changes, it is the responsibility
of the limited liability to notify this office.
Should you have any questions regarding this matter, please telephone (850) 245-
6051, the Registration Section.
Joey Bryan
Document Specialist
Division of Corporations
Letter Number: 603A00025613
Division of Corporations - P.O, BOX 6327 -Tallahassee, Florida 32:n4
, of jJl
~tate c,"-~loriba
IDrpnrtmrnt of ~tatr
I certify the attached is a true and correct copy of the Articles of Organization of
BLACK DIAMOND INVESTMENTS, L.L,C., a limited liability company organized
under the laws of the state of Florida, filed on April 25, 2003. as shown by the
records of this office.
The document number of this limited liability company is L03000014977,
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Twenty-eighth day of April, 2003
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DEPARTMENT OF THE TREASURV
INTERNAL REVENUE SERVICE
HOlTSVIllE NV 00501-0023
DATE OF THIS NOTICE, 05=12"2003
NUMBER OF THIS NOTICE, CP 575 E
EMPlOVER IOENTIFICATION NUMBER, 54-2108665
FORM, SS-4 NOBOD
FOR ASSISTANCE CAll US AT,
1-800-829-0115
BLACK DIAMOND INVESTMENTS l l C
JACOBSON RONALD SOLE MEMBER
6010 LAS COlINAS CIR
lAKE WORTH Fl 33463
OR WRITE TO THE ADDRESS
SHOWN AT THE TOP lEFT.
IF YOU WRITE, ATTACH THE
STUB OF THIS NOTICE,
WE ASSIGNED YOU AN EMPlOVER IDENTIFICATION NUMBER (EIN)
T!'~n~ you for ynur Fc~~ SS-~, ^ppli=~ticn for E~ploycr Idcntific~~io~ Number
(EIN), We assigned yoU EIN 54-2108665. This EIN will identify your business account,
tax returns1 and documents even if you have no employees. Please keep this notice in
your permanent records.
Use your complete name and EIN shown above on all federal tax forms, payments and
related correspondence. If you use any variation of YOUr name or EIN, it m~y cause
a delay in processing and may result in incorrect information in your account. It also
could cause you to be assigned more than one ErN.
If yoU want to apply to receive a ruling or a determination letter recognizing
your organization as tax exempt, and have not already done so, you should file Form
1023/1024, Application for Recognition of Exemption, with the IRS Ohio Key District
Office. Publication 557. Tax Exempt Status for Your Organization, is available at
most IRS offices and has details on how you can apply .
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporations)
STATE OF FLORIDA
COUNTY OF !?iL~ ~),.
Ela..d(7), ~W1O^cl..i.-v1 <..es+Vl'\~ LL. c.
INffl, [20 l'\ 4/tL B. To.. (obJ cJ (II. pl'es,J,;d:-, 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
follows:
CD -(+'3- '-IS-CPt - 000 - 32-lfO
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the If t day of
~:5 I)J t- 20 u 5 and the powers and authority shall be irrevocable by
Grantee.
" .
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of ~,) USJ- , in the year two thousand and f( v ~. ,
Sealed and deliv ed in the presence of
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Printed Witness Name '
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Printed President's Name
Witness Signature
Secretary! Vice President's Signature
Printed Witness Name
Printed Secretary! Vice President's Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
T~ FOREGOING INSTRUMENT was acknowledged before me this }I}- day
{L(,..'Jvd- , 20.Q.i., by (<::."",Id- is, s",(~hJ'CN and
, who are known to me or who have produced
ria r "d" ..D '- , , as identification and who did/did not take an oath,
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NOTARY PUBLIC
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Type or Print Name
Commission No.
of
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0160 0150 0140 10130 10120 10110
0200 0100
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0040 0050 0060 I 0070 I 0080 0090
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0140 I 0130 i 0120 10110 0100
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Location Map - 1141 Alto Rd
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MEMORANDUM
TO:
PETE MAZZELLA, DEPUTY UTIUTIES DIRECTOR
FROM:
JANET PRAINITO, CITY CLERK
DATE:
SEPTEMBER 30, 2005
RE:
AGREEMENTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION
Attached for your information and files please find copies of 7 Agreements for Water Service
outside the City Limits and Covenants For Annexation that were recorded in Palm Beach
County, All of these agreements are associated with Resolution R05-015,
Jeff G, & Donna S, GOINs
Thomas 0' & Doreen 0' Conner
Black Diamond Inv, Ronald B, Jacobson
Linda & Robert Rurak
Joseph E, & Cinthia M, Smith
Jesse J, & Ryan Hock
Steven C. Diane M, Ross
If you have any questions, please do not hesitate to contact me.
Very truly yours,
cm OF BOYNTON BEACH
Copy to:
Sam Reep, Utilities
Original Central File
S:\CC\WP\PBC recording\ 200S\Water Service\FORM MEMO - Transmittal to Mazzella - 09-2B-OS,doc