R05-167
II
1 RESOLUTION NO. ROS- (10 I
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 ACL INVESTMENTS;
9 PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1111 Highland Road, Lake Worth, Florida (Ridge
14 Grove Lt. 70); and
15 WHEREAS, the parcel covered by this agreement "vill include a single-family home
16 in Ridge Grove which only potable water is available for connection at this time; and
17 \VHEREAS, a water distribution main exists in the vicinity allowing for the service to
18 this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and ACL
28 Investments, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Water Service\ACL Investments Water Service Agreement.doc
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Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this L day of OcTober, 2005.
CITY OF BOYNTON BEACH, FLORIDA
S:\CA'RESO\Agreements\Water Service\A.CL Investments Water Service Agreement.doc
Office of the City Clerk
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33421'
TillS lNSTRUMENT PREPARED BY:
J ames A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
F1. Lauderdale, FL 33308
1~~lml~mIH~I~I~IIIIUIII
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rc~~~ 20050647796
:;:~ BK .19404 PG 0E.~:.7
-RECORDED 10/13/2005 14:47:11
,,, .,.eplm Beach County, Florida
.', \\'Sh~ron R. Bock,CLERK & COnPTROLLER
Pgs 0657 - 669; (13pgs)
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R05- Ib 1
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LlMlTS AND COVENANT FOR ANNEXATION
Till S AGREEMENT made on this (j (;L<- day of 0 e. f c.)}) e~ , 200_, by and between
l'lo$ It r'J'eta. IH~ FTy,Ao ~ L..u.Z. Nt. 'Pc/do .0 r,;-v~ oJ, o.I~.sfJ1'\PAi<.hereinafter called the "Customer", and the OTY
OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the
"City".
WHEREAS, Customer owns real property outside ofthe 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 ofthe privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed berein, 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 tbe real property described as follows and whicb Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are Jd Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, materia1~ 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 tbe Customer's premises. The
Customer shall be responsible for installation in conformance witb all codes, rules and regulations
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, Horida, 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 hannless the City of
Boynton Beach, Horida, its Mayor, Members of the City Connnission, 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
validupon 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this r~ dayof
.:::sf ,?krf~.r , 2005:.
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WITNESS:. _
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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
LI/'l. J-/t}r;".';" P".., ,J.v De"...u.s A-i(.Ju /J/("~ r j),rl-ch bU12.q4? to me known to be the
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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: ]),~ / V' ..- 'S [; YI 6: ,1Lx- .
WITNESS my hand and official seal in the County and State last aforesaid this /6" day of
" _~r- 20 .
/YJ
ll}tuua C/C2u"
Notary Public
(Notary Seal)
WITNESS:
QaJOR ~
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CITY OF BOYNTON BEACH, FLORIDA
STATE OF FLORIDA )
CITY ATTORNEY
) 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
KW.~T fje.ftJst'Jfl2... , City Manager and Jline+ (Yl. f~~;f1,'tc) , 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 official seal in the County and State last aforesaid this (p l..VL day of
Oc-ffJbell. ,20~
(Notary Seal)
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f~/"'I"'~~'=;COmmission # DD125274
~r5\ }~E Expires July 19, 2006
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1111111\\" Atlantic Bonding Co., Inc.
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Notary Public
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City Attorney
5
Palm Beach County Property Appraiser Property Search System
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Property Information
location Address: 1111 HIGHLAND RD
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Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-08-000-0700
Subdivision: RIDGE GROVE IN
Official Records Book: 17075 Page: 1613 Sale Date: Jun-2004
legal.Description: RIDGE GROVE LT 70
Owner Information
Name: ACL INVESTMENTS
l..Mf--.,
Mailing Address: 2805 EAST OAKLAND PARK BLV # 108
FORT LAUDERDALE FL 333061813
Sales Information
Sales Date Book/Page Price Sale Type Owner '.._,~'-.... .1
Jun-2004 17075{1613 $77,500 CERT OF TITLE ACLINVESTMENTS
Jun-2003 15471{673 $95,000 WARRANTY DEED
Jun-2003 15749/1404 $10 WARRANTY DEED WILLIAMS HEATH A
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
land Value:
Total Market Value:
Use Code: 0100
2,004 2003 2002
39,056 $37,144 $33,635
11,391 $10,240 $8,000
50,447 $47,384 $41,635
Tax Year 2004
Number of Units: 1
*Total Square Feet: 795
Description: RESIDENTIAL
* in residential properties may indicate living area.
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ssesse an axa e a ues
Tax Year: 2004 2003 2002
Assessed Value: $50,44 $47,384 $41,635 ~
Exemption Amount: $l $0 $01
Taxable Value: $50,44 $4 7,384 $41,6351
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ax a ues
Tax Year: 20Q4 2003 20Q2 ~
Ad Valorem: $984 $926 $819 . .
Non Ad Valorem: $191 $192 $185 ~~...I
Total Tax: $1,175 $1,118 $1,004 . . . -
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NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
Record Search I Information I Exemptions I Community I Emllloyment 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.us/papa/aspxlweb/detail_info.aspx?p _ entity=00434509080000... 5/3/2005
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Division of Corporations
Page 1 of 1
Partners
I Name & Address IIN':~erl Charter
Number
PRIETO. CARLOS A ~~
284\ NORTH OCEAN BL V.#407
FT. LAUDERDALE, FL 33308
PRIETO. ALEX F ~~
284\ NORTH OCEAN BLVD #507
FT. LAUDERDALE. FL 33308
PRIETO. LUZ MARINA ~~
2841 NORTH OCENA BLVD. #507
FT. LAUDERDALE. FL 33308
TIllS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/genpart.exe?nl =GP030000207 4
9/15/2005
- Division of Corporations
Page 1 of 1
General Partnership
ACL INVESTMENTS
2805 EAST OAKLAND PARK BLVD. #108
FT. LAUDERDALE, FL 33306
Document Number FEI Number Date Filed
GP0300002074 043643165 10/15/2003
State Total Pages Pages in Original Filing
FL 0003 0003
Status Effective Date Expiration Date
ACTNE NONE NONE
Current Partners
0003
Name History
NONE
No Filing History
No Authority Information
Vie\v Partners
No Name History Information
Cancellation Date
NONE
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t1GP0300002074 - 10/15/2003 -- Registration
I~
TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/gendet.exe?al =DETGENINAME&d 1 =%20&nl =GP030000... 9/15/2005
THIS INSTRUMENT PREPARED BY:
James A. Cherat, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ?c-llM. '&<4
. Jo LA>' ~ V\t:!(f. o-f ,4CL ::Moe.s.-&..cJs
16 ~DS A. T+;~t~ f It/-ex F P.t~o ~ UtZ /I.. '((,I 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:
OO-Q3-4S-oi ~og -oco - 0700
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 14 day of
~+(",..M k , 20~ and the powers and authority shall be irrevocable by
Grantee.
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CARlo,> A. "P\~~eb
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Printed Owner Name
IN WITNESS WHEREOF, we have hereunto set our hands and seals the /5
day of ~J+~be( , in the year two thousand and +;Vf'
Sealed and delivered jn the presence of
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STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this IS- day
of ;S;epkH.ft~ 200~-, by j.,,"a!u,..../?u PneA f!.{)//-f.~5f,.;dJ t'. ,}frY' ~".:/o and
~),",/.I<f ~(~"C? ' -, who are known to me or who have produced
]),~ Jr.y i..;Q-L(C<.- , as identification and who did/did not take an oath.
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Commission No.
My Commission Expires:
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Location Map- 1111 Highland Rd