R07-077
11
1 RESOLUTION NO. R07- 077
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 RAMBLER
9 FINANCIAL GROUP, INC; PROVIDING AN
10 EFFECTIVE 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 1069 Highland Road, Lantana, Florida (Ridge Grove
15 Lot 64); and
16 WHEREAS, the parcel covered by this agreement includes a single-family home
17 located in the San Castle/Ridge Grove project area; and
18 WHEREAS, a water distribution main has recently been completed on this street,
19 vicinity, 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.
Section 2.
The City Commission hereby authorizes and directs the City Manager
27
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
29 Rambler Financial Group, Inc., which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\Rambler Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of July, 2007.
CITY OF BOYNTON BEACH, FLORIDA
-. ,Commissj.orter -McCra.y
Li:::~:2k1~y' /)U)
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M. Prainito, CMC
Clerk
S:ICAIRESO\AgreementsIWater ServicelRambler Water Service Agreement.doc
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lHJ~ INSTRlJMENTPREPARED BY:
Jarrw i\. Chem!: Esquire
(lor: (he. ,I; Doody & Ezrol, P A.
309() Last Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CFN 201217035::::1835
OR BK 21961 PG 1028
RECORDED 07/24/2007 09:39:26
Palm Beach County, Florida
Sharon R. Bock,CLERK & COMPTROLLER
Pgs 1028 - 1039; C12pgs)
R01-077
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
TIllS AGRE~ENT made on this ~ of ~(Y\€- ,200 -Z by and between
__f<A-M. ~f?I{ '" tJA1JqkL Gf!..o (Name of Corporation), hereinafter called the
"Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,
l1ereinafter 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 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)
2. The Customer and the City hereby agree that there are / f D 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.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
lHIS INSTRUMENT PREPARED BY:
Jame~; A. Cherof. Esquire
Goren. ('herof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
R01-071
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGRE~T made on this ~ of S Me- ,200 -z., by and between
---1<A-M eJj?f{ t? tJMGlAL Gf!.o (Name of Corporation), hereinafter called the
"Customer", and the CITY OF BOYNTON BEXCH, 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 THEREFORE, for and in consideration ofthe 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 descnred as follows and which Customer represents is owned by
Customer: (Exlnbit A)
2. The Customer and the City hereby agree that there are / t D 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.
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 ofthe 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 ofthis property of this covenant and ofthe
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 ofinitiaUy 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.
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 shall be binding on the Customer
and all subsequent transferee, grantees, heirs, 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 oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event
2
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 indelllllifY, 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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FOR CORPORATE NOTARIZATION:
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowled~s, ~nally appeared
~ ,L\J\~~ LX ~\. li\JI.~~~\~ P~l)IOItY1" of K-QJIob/-ell hlV~/A1.. G,~named in the
foregoing agreement and he/she acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in him/her by said Corporation and that the
Corporate seal affixed thereto is the true corporate seal of said Corporation
t WItness my hand and official seal in the, ~ty and Stat last aforesaid this:J- day of
_Nt:. ,200). ~ ~ ~)
NOTARY I}UBLI~
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Printed Name
My Commission Expires: 0 -30 .-0 ~
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida m nicipal corporation
By:
Kurt B essner, City Manager
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH)
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid ~d in.~ afo~esaid to take ackno Ie ents, " perS()nally
appeared -11lA.A , CIty Manager and J/-
City Clerk respectively, of the City named in the foregoing / eement 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.
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WITNESS my hand and official seal in the County and State last aforesaid this I ~ day of
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My Commission Expires:
Notary Public State of Florida
Carol A. Mahoney
My Commission DD460414
ExpIres 08i10/2009
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Notary Public ( I
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S:\CA\AGMTS\Water Service\Water Service Agreement (Corp) - Rev 090205.doc/rev. 1-6--06
H:\1990\900182.BB\AGMT\Water Service Agreement (Corp) - Rev 090205-rev 1-6-06.doc
5
Palm Beach County Property Appraiser Property Search System
Page I of 1
Property Information
Location Address: HIGHLAND RD
1,.."""._.JIaD~W'$m;&1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-08-000-0640
Subdivision: RIDGE GROVE IN
Official Records Book: 14387 Page: 1924
I,&gj!1 DescriDtion: RIDGE GROVE LT 64
Sale Date: Noy-2002
Owner Information
Name: RAMBLER FINANCIAL GROUP INC
~_<MI
Mailing Address: 1365 SW 7TH ST
BOCA RATON FL 334868464
Sales Information
Sales Date Book/Page
Dec-2001
1438:111924
:1.3317/0313
Price ~~~
$37,500 WA RRANTY DEED
Owner
Noy-2002
RAMBLER FINANCIAL GROUP INC
$1 Q un CLAIM
MARCINKOSKI RAY A &
[ Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2006. 2005 2004
3234 22.897 20.585
35.917 23.323 12.815
68 259 46.22( 33.400
Tax Year 2006
Number of Units: 1
*Total Square Feet: 400
Acres: 0.0843
1.J.li~nc:::.()c:le: 0100 Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
~1i~JI!h'lrR'~~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2006 2005 2004
$1 246 5881 651
$264 5243 191
$1 510 51 124 842
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Tax Collector WebSite
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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 Exemotion E-File I Inform.i!tion I Exemotions I Community I Emoloyment I New Home Buyer I Office Locations
Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer
Home I Links I Glossary I ~ I forms I Contact Us I PAPA
(f) 2004 Palm Beach County Property Appraiser.
http://www.co.palm-beach.fl.usipapa/aspxiweb/detail_info.aspx?p _ entitr004 345090800f?Jt ~81
THIS INST"" '1 PREPARED BY:
Jaw I: Esquire
(, Beach
Hi, ; "h'ii Beach Blvd.
Boynton Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, KIC/!MI> N. L, V"~~ as Corporate Representative of
Ww h'lllr\(JAt ~inafter "Grantee", hereby make, constitnte, and appoint
THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact fur Grantee and
in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the
power to initiate, maintain, and complete a voluntary petition for annexation of the real property
descnred herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY
OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish
annexation by any available means. The real property which is the subject of this power is
described as follows:
PCN No.:
00 -- l{3-~:; - 07/0'2 ~ tJDO./ 0/;1'0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
~:A, shall commence and he in full force and effect on the I day of
_, 200"t and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the l day of
~0- , in the year 20~.
" Sealed and delivered in the presence of
~tUd ~/L:f~~
Witn s SignatUre
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Print Name
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Print Name
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Print Name and Title: K((Vf~ () ~ lA-{11N1 S IOK-<.
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STATE OF -E(~I---J)I\) ~.' \. j2000 "/~
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COUNTYOF \,A\W1 DEll <..../----.J ~~ ..........~II.......~
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I HEREBY CERTIFY that on this day, before ,--an otficeT' aUtho~ the State
aforesaid and in the County aforesaid to take acknowl~ts, ~nally appeared
fllCl1tM6 i-IvlNlUraAle as /J1ibff)1tfNT of ~ /,hHJl.ttk (-,lTcJt1(Jnarned in the
foregoing agreement and that helshe acknowledged executing the same in the presence of two
subscnbing witnesses freely and voluntarily under authority duly vested in himIher by said Corporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation.
Secretary
_\ . Wrtness my hand and official seal in the C" Qunty and State last aforesaid this L day of
~I>v"">- . 20_ . '.' ('
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S:\CA\AGMTS\ Water Service\Power of Attomey-Corp. 1-6-06.doc
H:\l 990\9001 82.BB\AGMT\Power of Attorney-Q>rp 1-6-06.doc
Department of
Planning, Zoning & Building
100 Australian Avenue
West Palm Beach, FL 33406
(561) 233'5000
Planning Division 233.5300
Zoning Division 233.5200
Building Division 233.5100
Code Enforcement 233.5500
Contractor's Certification 233.5525
Administration Office 233.5005
Executive Office 233.5003
www.pbcgov.com/pzb
.
Palm Beach County
Board of County
Commissioners
Tony Masilotti, Chairman
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
ADDRESS VERIFICATION
The address 1069 Hiqhland Rd has been verified as being CORRECT by
the Planning, Zoning & Building Dept., Addressing Section for the property
described as follows:
peN: 00-43-45-09-08-000-0640
RidQe Grove Lot 64
Please call the Addressing Dept. with any questions at (561) 233-5316.
Verified/E-mailed by:
Sean MacDonald
Addressing Technician
October 18, 2005
Date
A.~T1CLES OF INCORPORATION
In compliance with Chapter 607 and/or Chapter 621, f.S. (Profit)
ARTICLE I NAME
111e name ofthe coq><)[1160n shall be: Rambler Financial Group Inc.
ARTICLE iI PRINCIPAL OFFICE
The principal place ofbusinesslmailing address is: 511 SE 1 Avenue
Boynton Beach, FL
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ARTICLE m I'UltPOSE
The purpose for which the corporation is organized is:
Real Estate Investment.
ARTICLE IV sllARES
The number of shar~ of stock is: 50
ARrtctB V INiTIAL OFfiCERS/DlRECTORS (optional}
The iiatne(s) and address(es): Richard Noel Livingstone / president
1365 SW 7 street
Boca Raton, FL 33486
~TtCLE W REGISTERED AGENT
The ..lime and Florlda street address of the registered agent is: Richard Noel Livingstone
511 SE 1 Avenue
Boynton Beach, FL 33435
ARrlcJ:.E rn INCORPoRA TOR
The illme and address of the Incorporator is: President
Richard Noel Livingstone
1365 Sw 7 street
Boca Raton, FL 33486
11/15/00
Date
11/15/00
Date
..
1 in. = 91.1 feet
022802270226 250 2230 2220 2200 2180
030 2040 2060 2070
2090 211al120 2130 2141
2160
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1690 168016701660165
1622 1610 160015901580 1560
0006900680067006600650061&113006200610060005900571 0560
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I' Railroads
Tax Parcels 2005
LOT Labels
o Tax Parcels 2003
LOT Labels
o Tax Parcels 2002
LOT Labels
. Water Points (Manatee Bay)
. Water Valves (Manatee Bay)
Sewer Unes
Sewer Unes (Manatee Bay)
/' Water Mains
/' Water Mains (Manatee Bay)
I Street Centerlines
STREET Labels
. Streets (Manatee Bay)
. hydranLequipmentprjSP _Proje
TRSgrid
Water
o UtiIi1y Service Area
I
I
I
1 0 0420 044lXl45lXl460 0470 0481 0491 051lXlsalz83~54~550
I
00390 0370 0360
0330
,
o 0170 0190 0200
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I
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P32
(i.,~ 028Q)27Q)260
0220 024Q)250
1561
Location - 1069 Highland Rd