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R06-164 27 II 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. 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 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. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3 3 36 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:~: , <~~~ 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 I . I I I 0550056005700580105900600 I ... 1 in. = 82.9 feet 0500 530 0300031003200330 0340 , 0351 : J I I I I I I I I I 0420 I I , : 0480 04700460 0442 0431 I I I I I I. 0620 0630 -- / // , ( V( )>-- ~ ( ~ 0:: 1046 Florence Rd - Luppino 0380 , , I I I I I I I I I I I I I I , , 0400 0640 ! 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 d dT bl V I 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: $852 833 S803 ';o"o~.',;;, N~'~~_ 0 ^ _~.o_~' 'ox NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Reco]dSean;:b I IufQrmatiDD I Exemptions I CQmmunity I Employment I New Home Buyer I Office l.OGltions l;,~JR;Ji..4~1 ~;~-'iE!Ilbl...\'w1 !"'!Jf;;;;,.;,t'li10A;;.,.;;,,;;;;;;! http://www.co.palm-beach.fl.us/papaJaspxlweb/detail_info.aspx?p _ entity=004 3450903000... 7/20/2005 All Owner Page I of I All Owner(s) PCN Number: 00-43-45-09-03-000-0610 Owner Names LUPPINO GRACE M LUPPINO ROBERT B &. GRACE M 1~i!\ii~~.ljj$J I-"""'~"WA;J http://www.co.palm-beach.fI.us/papalaspx/web/aIlOwner.aspx?entity _ id=004 34509030000... 7/20/2005