R06-026
"
1 RESOLUTION NO. R06- O~lo
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
8 CITY OF BOYNTON BEACH AND BANYAN CAY LLC;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1061 Highland Road, Lake Worth, Florida (Ridge
14 Grove, Lot 63); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in the San Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 vicinity, allowing for the service to 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
28 Banyan Cay LLC, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
S:\CA \RESO\Agreements\Water Service\Banyan Water Service Agreement.doc
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"
PASSED AND ADOPTED this R day of January, 2006.
Attest:
.~
CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESO\Agreements\Water Service\8anyan Water Service Agreement.doc
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CFN 200600462::',8
OR BK 19839 PG 0372
RECORHED 01/24/2006 14:5&:40
Palm Beach County, Florida
Sharon R. Bock,~LERK & COIlPTROLLER
Pgs 0372 ~ 382; 111pgs)
ROb-oab
AGREEMENT FOR WATER SERVICE OUTSIDE
TIffi CITY UMITS AND COVENANT FOR ANNEXA nON
1l. ,THIS AGREEMENT made on this .;;? 0+" day of _J tt.V\ V" 'i ' 200..f:-, by and between
~"'''\Dn Ca~. hereinafter called tbe "Customer", and tbe CITY
OF BOYNTON B CH, 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 TIffiREFORE, 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 ci 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..
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 sha11 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 ~d 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 sha11 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 sha11
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 a11 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 sha11 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 sha11 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 ofPahn Beach County, F101ida, 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 ihe City's
reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold hann1ess 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 connecti\}n 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.
IN WITNESS WHEREOF, !!Je parties hereto have set their hands and seals this ~ day of
11, .. \........-. , 200S
, '"
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INDIVIDUAL(S) AS OWNER(S):
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<1l...... O",:ne: Signature
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Printed Owner Name
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(I1A-Rr;J.. 5, 5c !t"-
Printed Witness Name
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Witness Signature -
hQ,wRWL 8 u.lI..fllLi...
Printed Witness Name
3
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL (S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTYOFPALMBEACm
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid an the County aforesaid to take acknowledgments, personally appeared
",00 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:
(Notarx,p'~ Maria B. SiscO!
[:'I!' rb \;., MY COMMISSION # 00146667 EXPIRES
''''''.~.;;.I September ~ 2006
~'1,~:p.:f,;<f.,.. BONDtDTHRUTI!OYFAlNINSlIRAtfCE.1NC
. 1!/.-dayof
_C~TNESS my hand and official seal in the County and State I
) ~ ,200~
WITNESS:
(~ II tIIlM-v:t
,
~'~0- r~
12~BEACH' FLORIDA
Kurt Bressner, City Manager
STATE OF FLORIDA )
4
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
KtlllT !5,l'!:5SA!j./2. ,CityManagerand S{.{/JIH/ ;.1, PilL", ilIlo'YCityClerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence oftwo 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.
t'h
W]TNESS my hand and official seal in the County and State last aforesaid this ~_ day of
d a nvt\.r V , 200~
I
(Notary Seal)
~'..'''.'''''''''''''''''''''''"'''''''''''II'
: SUSAN COLLINS :
i .;;1,;'" ComonI DD029S085 i
: l~ EIcpne 31112008 :
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Notary Public
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5
Palm Beach County Property Appraiser Property Search System
Page I of2
_~iAt~l'C1;",\.:, .'Prop.rly Appra,..". Publ," A"c." S"t.",
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Property Information
Location Address: 1061 HIGHLAND RD
1,""'~~'n"gll
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Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-08-000-0630
Subdivision: RIDGE GROVE IN
Official Records Book: 19536 Page: 1836 Sale Date: NoY-2005
Le!lilIDe!icriQtion: RIDGE GROVE LT 63
Owner Information
Name: BANYAN CAY LLC
I,!,"","~..I$"",!!I
Mailing Address: 1061 HIGHLAND RD
LAKE WORTH FL 33462 6111
Sales Information
Sales Date Book/Page
NoY-2005 19531!LUl31!
NoY-2002 14387/19:14
Dec-2001 1:3:317/0313
Price Sale Type
Owner
1.""""Nlcil..""",,1
$125,000 WA RRANTY DEED BANYAN CAY LLC
$37,500 WA RRANTY DEED RAMBLER FINANCIAL GROUP INC
$1 Q UIT CLAIM
MARCINKOSKI RAY A &
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improyement Value:
Land Value:
Total Market Value:
20Qs 2004 2003 Tax Year 2005
539 474 34 820 52.969 Number of Units: 1
523 323 12 815 511.520 *Total Square Feet: 940
562 797 47 635 514.489 Acres: 0.0854
usec9de: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2005
Assessed Value: 62 797
Exemption Amount:
Taxable Value: 62 797
2004
47 635
o
47 635
20Q3
14 489
o
14 489
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t"..., ",,'~ . ,..,.^. ~,." '0' _0_'
Tax Va ues
Tax Year: 20QS 2004 2003 bwi,JU'!il!l.I<iIlIIlm",,1
Ad Valorem: ~1 197 -;tg29 ~283
Non Ad Valorem: ~192 ot140 ~141 l).j;;~iJo1i:i';;j;~!J;lH;~;ki,Jj,1
Total Tax: ~1 389 ~i 069 ~424
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http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=004 345090800... 12/19/2005
Division of Corporations
Page 1 of2
Florida Limited Liability
BANYAN CAY, LLC
r-'-'-""'--"~-"'
PRINCIPAL ADDRESS
352 NE 3RD AVE
DELRA Y BEACH FL 33444
MAILING ADDRESS
352 NE 3RD AVE
DELRA Y BEACH FL 33444
Document Number
L05000081850
FEI Number
203329578
Date FRed
08/1812005
State
FL
Statu.
ACTIVE
Effective Date
NONE
Total Contribution
0.00
,----------------
Registered Agent
Name & Address
RADABAUGH, RENEE
352 NE 3RD AVE
DELRA Y BEACH FL 33444
,~--_.._.._-_.._---_..._------------_._._.,..__..."..-.----
anager em er eta!
I Name & Address II Title I
RADABAUGH, RENEE B
352 NE 3RD AVE
DELRA Y BEACH FL 33444
RADABAUGH, RON B
352 NE 3RD AVE
DELRAY BEACH FL 33444
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http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&n 1 =L05000081850&n2=NAMF... 12/28/2005
Division of Corporations
Page 2 of 2
II
Annual Reports
Report Year II Filed Date
II
Previous Filing Return to List I
No Events
No Name History Information
Next Filing I
Document Images
Listed below are the images available for this filing.
l108ll8l2005 -- Florida Limited Liabili1y
I~
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.orglscripts/cordet.exe?al=DETFIL&n 1 =L0500008I 850&n2= NAMF... 12/28/2005
THIS INSTRUMENT PREPARED BY;
James A. Cheraf, Esquire
3099 East Commerdal Blvd.
Suite ~)OO
Ft Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Pr'\i.- M 'j?, zikH-
I/We, (~...,..hilh.J ~..., L " L, <:. , , hereinafter "Grantee", hereby
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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:
()(; -lf3-lfS--09-o/?-ooo- 0030
The powers and authority of rny attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the /~ day of
."'ila ce.wt.kr ,206 and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ';
day of ~ ~ ' in the year two thousand and '5""---
--
Sea_l~d. n9-"d'elivered in the presence of
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Owner Sig ature
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' Printed wner Name
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Printed Witness Name
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'-WitnesSSignature
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Printed Witness Name
Owner Signature
Witness Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
.:".*~:t~~ MariO B. Siscar
!~r/i.,\~ MYCOMMISSION# 00'46667 EXPIRES
"'~~.~, September ~ 2006
"f,Fir;:fr,~~ BONDfDTl-fRUTIIOYFAlNINSUAANCf,1NC.
NO
WE FOREGOING INSTRUMENT was ack.~ledged before me this
of .J<J./L~ , 20?.5 , by ~ ,,/1 k. < &4.. hcu"!J h
, who are know or who have
, as identificat' did' not t a
My Commission Expires:
POAIND
,"'''~'''''' '.
'~ Mafia a SlSCor
~~: :"'= lvi, ~UMMI~_IUN # 00146667 EXPIRES
~",.....",!"f SePtember ~ 2006
'1j,P.r.,~~'- BONDED l'HRU TOOYFAIN INSURANCf.IHC.
Type or Print Name
Commission No.
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1690
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68t67 66
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Sd164Q 1622
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1610 ~60
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59 580 1560
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Location Map - 1061 Highland Rd