R06-164
27
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1 RESOLUTION NO. R06-1I,'.1
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 ROBERT LUPPINO AND
9 GRACE LUPPINO; 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 1046 Florence Road, Lake Worth, Florida (Hypoluxo
14 Ridge Lot 61); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in San Castle/Ridge Grove project area; and
17 WHEREAS, water main improvements have recently been constructed by Palm
18 Beach County as part of a neighborhood improvement project on this street allowing for the
19 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.
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
1
S:\CA\RESO\Agreements\Water Service\Luppino Water Service Agreement.doc
II
1 Robert Luppino and Grace Luppino, a copy of said Agreement is attached hereto as Exhibit
2 "A",
3
Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of September, 2006.
CITY OF BOYNTON BEACH, FLORIDA
er - Ma ray
'C ~-
Commissioner - Muir C. ~
Attest:
Yn.~
2
S:\CA\RESO\Agreements\Water Service\Luppino Water Service Agreement.doc
'~ijm~~"m~Fl~1~~W1m~~11
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CF N :2Q)(1 ~;I,b:3:) 'i ~).] ~.~
on ElK ::~Z!";'~', J>C) 1i):52E.
RECOIlDED 11'1/'J',1,0.)[ H: 1"1:22
Palm Beach C'Jlmty, Florida
Shar,lIl R. nod:,: LEIi:K t, CCltlPTROLLER
Pg:3 1,~526 -- 5:)~i; (H~lpqEr)
Ro(,- i'bL/
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATrON
THIS AGREEJ:1.ENT made on thisa day of J~ /;'('1) ,200_, by and between
Kc.,l)(.'rt' p, 0 v'lrllrr;C' e_'~ l.t.CPPI nO herein ercalled 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 jurisdictionallirnits 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 jurisdictionallirnits 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: (Exlnbit A)
f.. The Customer and the City hereby agree that there are l.'l- 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 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 connectiIIg 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 I above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records ofPalrn 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
prolnbitions, restrictions, limitations or requirements oflocal, 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.
II. 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 connect~ 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 su~ect of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of
,200_.
WITNESS:
0(1 Jmy lU-etxwntl11
Witness SIgnature
~ <.!.fleU-{' (~\.J bel mClt t7
Printed Witness Name
~;Jdl~~I/
Witness Signature
INDIVIDUZ O~R(S):
'< 96 f\eU P ~--."
.# Owner Signature
a~ace L~Jh()
Printed Owner Name
~
S{J~1,1j COLU/l./J
Printed Witness Name
3
{i . (!Lcilf. ,~6jj;UVVILl-YJ
Witness Signature
^I ~' -eljL'. :)ubotnctl
Printed Wit ess Name
,~c;ee:~: ,
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Owner Signature
~ LI,WDIVl.O
Printed Owner Name IT
Witness Signature
"
_)v.r/t.1/ (I:JU.-/NJ
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
oresaid and in the Counry oresaid to~ake acknoWledgments, personally appeared
C . [7 litO MCf . be ,1--+ D l;j D to me known to be the
rson(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: 8)l'll g ((lC'f' - l I ')l)- 51 (" - ~i' - 7;). II .. C .
j2oIJert-- LI::b.. 7bJ - '07- ) Jl1- 0
A WITNESS my hand and official seal in the County and State last aforesaid this 8 day of
.fj}\..]t01 ,200k .
(Notary Seal)
""" ~ Notary Publ~ State of FIoOOa
!J. Carol A Mahoney
'\ ~-.; My Commission D0460414
OFf\; ExpIres 0811012009
~(0t(,~fl V1.oJ~1c..J'.;
Notary Public
WITNESS:
(1. (iJLl.ILIL~ - ~(~ .JJ.I/UIWJ./L1
~BEACH'FLORIDA
Kurt Bressner, City Manager
Cg\~ Ii Ili"''6
STATE OF FLORIDA )
ATTEST:
4
I HEREBY CERTIFY that on lhis day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
71 . C /-'0 , . I C' M ;}! t & .
>-i-1A1.l,./-- ,,="':..-U'L'~, Ity anagerand n ",,,,' ra In, In ,CltyOerk
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.
~ WI~SS my hand and official seal in the County and State last aforesaid this ,1. ft:L day of
fl;t:';nJ!.n . , 200""
,
7U~Af
) ss:
COUNTY OF PALM BEACH)
(Notary Seal ...'oli\'~ VAlORIE MOATS
t.r>>. MY COMMISSION I DD 34!i138
~. i EXPIRES: September 17.1008
~'~', BoncIIdTllruNollryPub/icUnciErwrllerl
-''-m...
Notary Public
Approved as to form:
~t#U{ d. 01l'IttdlitO;r&;~{'"
jI
City Attorney
5
i17 lifl~
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 Easl Commercial Blvd.
Suile 200
Fl. Lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF fJ.,. fIN' /J~ ,. < f
.... /1, j ~ /'l
'Itf!~A l<<J"~,; t Lv,f"'f....." .~.f i:J"'''L'~
L~"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:
-
{)O. (/3 4-5 cC; .0-::; Oc: C.- c~ Ie
FLORIDA, shall commence and be in full force and effect on the
The powers and authority of my attorney. THE CITY OF BOYNTON BEACH,
day of
20_ and the powers and authority shall be irrevocable by
Grantee.
,-lA-
IN WITNESS WHEREOF, we have hereunto set our hands and seals the b
day of ~'Jtv~+ , in the year two thousand and (}0
Sealed and delivered in the presence of
"JJf\fief, d~
Owner Signature
61C{~~ L~lhO
Printed Owner Name
Si;,fAA/ CoLc,r;l/ r
Printed Witness Name
~
\-~
Owner Signature
Q()~A L~()
Printed Owner Name
., ;L'~"
. ;A.. '.r.{.
Witness Signat re
(1 Qllei\~-ld)illl/(.lIJ
Printed Witn . ss Name
~:..-,,,~ Cf;;l!{~'1
Witness Signature
S'tcfkA; COL(..r/vI-
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNT'( OF PALM BEACH )
THE FQREGOING INSTRUMENT wa~ acknowledged ~fore me this '3 day
of flt~ruJf ,20 o(p, byjfU(e e luypJilOr t<btJ2ri if Luwl1tl and
, who are known to me or who have produced
-~ i) L , as identification and who did/did not take an oath.
q 'Q 0' - "'b "" - s-.- "':~ C"'JlO-k' A nilk c~
12""u, ' l ""' "bJ - >H" '!'IT ARY PUIRIC - U
l '0.101 n mO h(;"11~
Type or Print Na~
Commission No. lJD '-100 Y-Il{
My Commission Expires:
i"':i\. Notary Public State of Florida
. . ~ r: Carol A Mahoney
\. <t'df My CommissKlO 00460414
Of" ~ Expires 08/1012009
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1046 Florence Rd - Luppino
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Palm Beach County Property Appraiser Property Search System
Page I of2
Location Address: 1046 FLORENCE RD
Ij0FlltiVl,\\Q8ilMa~Wo~:Jj;i1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-03-000-0610
Subdivision: HYPOLUXO RIDGE IN
Official Records Book: 04457 Page: 0233 Sale Date: Jan-1985
l.eaal p"scription: HYPOLUXO RIDGE LT 61
Owner Information
Name: LUPPINO ROBERT B & GRACE M
Mailing Address: 1046 FLORENCE RD
LAKE WORTH FL 33462 5339
1;;;"";'&~;";!Jf,1
r Sales Information
Sales Date Book/Pag" Price sa I" Type Owner
Jan-1985 Q445?10233 $42,000 WA RRANTY DEED
May-1984 Q'!39:z10809 $100 QUIT CLAIM
Jan-1977 02765/1434 $25,500 NO DATA FOUND
l"i;",;;;,6II'~";';N;1
Exemptions
Regular Homestead $25,000
Total: $25,000
Year of Exemption: 2005
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
2004 2003 2002 Tax Year 2004
81 005 $72 097 65 120 Number of Units: 1
17 086 $15 360 12 000 *Total Square Feet: 0.00
98 091 $87 457 77 120
Deseri ption: RESIDENTIAL
* in residential properties may indicate living area.
A
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r ssesse an axa e a ues
Tax Year: 2004 2003 2002
Assessed Value: 58 895 55~97 $56 442 l;~m;~
Exemption Amount: 25 000 $2~000 $25 000
Taxable Value: 33 895 $3~797 $31 442
T VI
ax a ues
Tax Year: 2004 2003 2002 1,;;;;~;~W~I)
Ad Valorem: S661 641 $618
Non Ad Valorem: S191 192 S18S 1..;.,,;;,;;.;.g,~;;;;.;,;;;,;1
Total Tax: $852 833 S803 ';o"o~.',;;, N~'~~_ 0 ^ _~.o_~' 'ox
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
Reco]dSean;:b I IufQrmatiDD I Exemptions I CQmmunity I Employment I New Home Buyer I Office l.OGltions
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http://www.co.palm-beach.fl.us/papaJaspxlweb/detail_info.aspx?p _ entity=004 3450903000... 7/20/2005
All Owner
Page I of I
All Owner(s)
PCN Number:
00-43-45-09-03-000-0610
Owner Names
LUPPINO GRACE M
LUPPINO ROBERT B &. GRACE M
1~i!\ii~~.ljj$J
I-"""'~"WA;J
http://www.co.palm-beach.fI.us/papalaspx/web/aIlOwner.aspx?entity _ id=004 34509030000... 7/20/2005