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R07-097 II 1 RESOLUTION NO. R07- oct 7 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 GENTIL FELICITE; 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 3959 89th Road South, Boynton Beach, Florida; and 14 WHEREAS, the parcel covered by this agreement includes a single-family home 15 located in an unincorporated portion of the City's utility service area; and 16 WHEREAS, a water distribution main already exists and the property owner will be 17 responsible for extending a plumbing line to the proposed meter; and 18 WHEREAS, no additional construction will be required by the City to serve this 19 property. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission hereby authorizes and directs the City Manager 26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 27 Gentil Felicite, which Agreement is attached hereto as Exhibit "A". 28 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Water Service\Felicite Water Service Agreement.doc II 1 2 3 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 PASSED AND ADOPTED this ~ day of August, 2007. CITY OF BOYNTON BEACH, FLORIDA ~~. Attest: ~~~~-- "'=-;J f;~5~S -.--"..--."" S:\CA\RESO\Agreements\Water Service\Felicite Water Service Agreement.doc 'I~WlflrWfm~q"m~~~~~"ln THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Cf' N :~z (ZJ 7l~ .:~ 1: )(.16 OH B~: :2 ~~t~ F.g PC, 1-:301 RECOIWEC m: /2'1i20L~? 15: :35:01 Palm He;3ch C[lUf,ty, F'lorida Shal~on 11. Pod:, CLERK &: GO"PTROLLER Pgn U0l - l::Ucl; 110pgs) R67-0Q1 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS .AG~Mr:~T {llflde on this W~y of ~ V (\. t_ , 200 ~L_, by and between ~.tl , \--~ \, c.l~6 hereinafter called th~: "Customer", and the CIT OF BOYNTON BEACH, a municipal corporation of the State ofFlonda, heremafter 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 ofthe 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: I. 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 LiEquivalent 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 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. 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph I ofthis Agreement. 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 transferees, 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 2 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. 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 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) 3 ~ WITNESS WHEREOF, the parties hereto have set their hands and seals this 213 ~ay of l V I\. L , 200 7, INDIVIDUAL(S) AS OWNER(S): ;J;il~~~fJ-u/T{ Oqer SigIljlt.~e h ~ ~___U--r, l y_ Printed Owner Name Witness Si&J1ature~_ L L\. Cec6l~ ~ \"IOM~E; Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF ~/Od\oPr ) ) ss: COUNTYOF~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesat1jnd ~Te C~ty aforesaid to take acknowledgments, personally appeared G.k::V\ 'Lt ~ 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: Rjtt\JEl2.$ 1t~tJ5L ) ( 95'34- 2.40- $3- '1fo~-O ~ WITI~ESS my hand and official seal in the County and State last aforesaid this W Qayof ~v V\%, ,2001, (Notary Seal) .,~~r~~ JamesD. Ford () r'\JANf'7jS '" ~n =W*: :~ MYCOMMISSlONI 00261463 EXPIRES t1'O'r ~~ Y I c,J.-. : : ' : Novembe' 18, 2007 My Commission exp ,,:.' 8ON0EDTlmJTROY:AININSURANCf,INC. Notary Public 4 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND Gr /2.1'> t,. I F eJ ; L'..; f-e- (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida mu icipal corporation Kurt Bressner, City Manager 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 -If ILY-/- JJ r-e.siS" (!,.r , City Manager and (Ja n ~ 1: Pra .~ ~ .. to , City Clerk 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. (Notary Seal) " ,.~\~tf~. VALORIEMOATS ..' At :~ MY COMMISSION I DO 346198 M . . A ." ~i EXPIRES: September 17, 2008 Y co mmI s s Iv n .-t:.lF.F1 e S80nded Thru Notary PlAllic Undelwrittl1 WITNESS my hand and official seal in the County and State last aforesaid this ~ 8 .I~ (t tLS-t , 200'--. -V;k;..u m Ptd- Notary Public day of S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc H:\1990\900182.BB\AGMT\Water Service Agreement - Rev 1-6-06.doc 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody and Ezra! PA 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~e~ I/We, , 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: PCNNo.: 00-43-45-12r"COOe>O -7/20 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 2..-G~ay of 0\J f\ <=t.- , 20fr/- and the powers and authority shall be irrevocable by Grantee. .I')~ ~ IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of ~ \:h'\OZ ' in the year 2007 Sealed and delivered in the presence of ~.~ Witness Signature f2 OW\ ~VlD""ft\S Witness Signature Owner Signature Print Name Print Name Witness Print Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ;) THE FOREGOING INSTRUMENT was ackn~Wle~ before ;' this te.f.laay of u t\t:t..-, 204, by Q~J ---u c., ~ and . , who are known to me or who have produced r:;L · j;1I2.IIJeD I (ra,)S<;. , as identification S~:ot.p.~ bL NOTARY PUlU:IC ,fII.'. ~I,f. ..-~ Type or Pri :: . .iff.. James D. Ford November 18, 2007 IONDlll THRU TROY FAIN INSUWlCf. INC Commission No, My Commission Expires: S:\CA\AGMTS\Water Service\power of atty. doc - 1-6-06 H:\1990\900 182.BB\AGMTlPower of Attomey-Ind 1-6-06.doc Palm Beach County Property Appraiser Property Search System Page 1 of 1 ~ -.. ;!I.fu 1~~n"~,' iij'; F' '\ Properly Appraiser's Public AC:C:llss System }'*" 1t ,,~ / ~ "t~~>>,;~'+}r~ljl :;,.," '" :q:~,...- : ",' ,....,' ,. :$i\;.; lil- ,! 1}" ~ / ~ ' ...... I 'mJl" t ~~~"tl'>- l.;....; '" f ~ ifuu;B . ~omB "cl&)htlr,,4:"M~ Property Information Location Address: 3959 89TH RD S [ "" V_,_Il,,",""J Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-18-00-000-7120 Subdivision: Official Records Book: 19633 Page: 1004 Sale Date: Dec-2005 Legal Description: 18-45-43, N 110 FT OF S 220 FT OF E 90 FT OF W 249.10 FT OF SW 1/4 OF SW 1/4 Owner Information Name: GENTlL FELICITE [ pM~.. Mailing Address: 3959 89TH RD S BOYNTON BEACH FL 33436 2401 Sales Information Sales Date Book/Page Dec-2005 19633/1004 Aug-1983 04011/0732 Price Sal~Iyp~ Owner $310,000 WARRANTY DEED GENTlL FELICITE $18,000 WARRANTY DEED MINGLEDORFF G C ":xemptions a..xemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2006 Number of Units: 1 *Total Square Feet: 2417 Acres: 0.23 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: 2004 88605 25 000 63 605 1"'"5truc:tura1~iAI Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~~w_l [" ""- J~..lIa", I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. E'I~",f- 1/ http://www.co.palm-beach.f1.us/papa/aspx/web/detail_ info.aspx?p _ entity=004345I 8000007 I 20&geonav= .., 7/26/2007 Name: GENTIL FEUCITE Location: 3959 89TH RD S Mailing: 3959 89TH RD S BOYNTON BEACH FL 33436 2401 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: Non ad valorem: Total: Sales Information Sales Date Dec-2005 Aug-1983 Jan-1979 tit \;'. .Y# Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System '~""'~ Owner Information peN: 00434518000007120 7191 7190 7300 7S20 71* ..._.. L 0750D 0700 0770 0700 0010 7070 ::r~..,.T....--="1 -~- ..................T.---- , .... r .... I "7' Legend c=J Parcel B omdary I 0120 I Let nurrber Palm Beach County Property Map Map Scale ]:] 680 Map produced on 7/26/2007 from PAPA http://www.pbcgov.com/papa Page 1 of 1 L 0 fa c..tt3", 1'1 ~fJ http:// giswe b ,CO, palm - beach. fl. us/ipapagis/presentationlmapping/printnew. asp ?MAPURL= http:/ 1 gisweb, c." 7/26/2007 Structural Detail Page 1 of I : .., "1,J~'<'\'1lU:?l;, t:: ~.\ Property Appraiser's Public Access System ~ ~ ?*",8<'~\ljl" "" "'jf ~ :;'~~ WI '" *j ,.. riM; . "" ~'" f""'" ~ "'" ..... ,. .",""'of' llo~ ~~ 't H f ~ ~ "" '" >~ ...... ~ ; ~ !{tW:'kii" "l, '$'/,;~*dM . ~ ^ ~"'" '~"''1H'''': ~$fu,,,, ._~ '40~~1~~ ,,' Owner Name: GENTIL FELICITE PCN Number: 00-43-45-18-00-000-7120 Building Structural Data and Drawing are for the Current Tax Roll. BUILDING 1 I Structural Element for Building 1 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described. Detailed Land Information Land Line # Description Acres 1. SFR 0 1. Exterior Wall 1 2. Year Built 3. Air Condition Desc. 4. Heat Type 5. Heat Fuel 6, Bed Rooms 7. Full Baths 8. Half Baths 9. Exterior Wall 2 10. Roof Structure 11. Roof Cover 12. Interior Wall 1 13. Interior Wall 2 14. Floor Type 1 15. Floor Type 2 16. Stories xtra Feature Description GAZEBO- WOOD Patio UTILITY BUILDING BD & BATTEN 1983 HTG & AC FORCED AIR DUCT ELECTRIC o 2 o N/A GABLE/HIP ASPH/COMP. SHG. DRYWALL N/A CARPETING N/A 1 Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. BAS BASE AREA 1491 FOP FINISHED OPEN 48 2. PORCH 3. FGR FINISHED GARAGE 590 FSP FINISHED 4. SCREENED PORCH 288 Total Square Footage: 2417 Total Area Under Air: 1491 IdAirhAm..w..-...... IM,;4iihiAI Year Built 2005 1983 2000 Units 1 200 144 ~.UiRRlr.h I [,~~~~l 1~,ft""~"Aoot_,, ""..1 Record Search I Exemption E.File I Information I Exemptions I Community I Employment I New Horne Buyer I Office Locations Value Adjustment Board I Save OUi Homes I Senior Comer I Disclaimer Horne I links I Glossary I FAQ I Forms I Contact Us I PAPA (e) 2007 Palm Beach County Property Appraiser. http://www.co.palm-beach.fl.us/papa/aspx/web/detail_inf02.aspx?p _ entity=004345 I 8000007 I 20&Owner.. . 7/26/2007