R08-016
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RESOLUTION NO. R08- 0 I b
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXA TION BETWEEN THE
CITY OF BOYNTON BEACH AND RAYMOND AND
LOIS MARCINKOSKI TRUST; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within
our water and sewer service area, for the property located at 1053 Highland Road, Lantana,
16 Florida; and
17 WHEREAS, the subject parcel is a single family home located in the unincorporated
18 Palm Beach County area; and
19 WHEREAS, only potable water is available for connection to the property at this
20 time due to recent water main improvements constructed by Palm Beach County as part of a
21 neighborhood improvement project;
22 WHEREAS, City policy requires annexation of the property to be serviced at the
23 earliest practicable time, as a condition of the granting of water services outside its
24 jurisdictional limits; and
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
SICA\RESO\AgreementsIWater ServicelMarcinkoski Water Service Agr (2008).doc
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Section 2.
The City Manager is hereby authorized and directed to execute a
2 Water Service Agreement between the City of Boynton Beach, Florida and Raymond and
3 Lois Marcinkoski Trust, said Agreement being attached hereto as Exhibit "A",
4
Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of February, 2008.
Attest:
.p~
t M. Prainito, CMC
ty Clerk
CITY OF BOYNT~~J3EACH, FLORIDA
:1 ~...-_.....- ,
j,~ V ~r>-"
Mayor -;; rry T lor
1 /' v' 1./.
~~__,__-"'-r
/'
Vice Ma or - Jose R
Commissioner - Marlene Ross
S:ICA\RESO\AgreementsIWater ServicelMarcinkoski Water Service Agr (2008).doc
"
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Corrnnercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
ROB-Olio
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this -/.11- day of j) tc ,200 7 , by and between
crft./J. y J'--i1l 11 f) fl. f..?J4- fc I }.tWo (HI tj2v.,---:- hereinafter called the "~tomer", and the
CI Y OF BOYNTON BEACH, 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 ofthe 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 described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are -1- 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 watermain 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 ofthe 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.
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9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 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
S:\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc
2
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 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 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)
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev I-tH>6.doc
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IN WITNESS WHEREOF, we have hereunto set our hands and seals the /e day of
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, in the year 2((J-1
Sealed and delivered in the presence of
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Print Name
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a er Signature I
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Print Name
r t';ctf ri/!k',)\-- ::,:"01 - -'S\-- ;C~G C
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
"1\ ~ THE FOREGOING INSTR~ was ackno~led ed before me this I C! day of
YeCi!]/~,\" 20 en, by 1:.ilfL.v co k -( ,,) IT Or/Ill) rf\ 'ec and
- , who are own to me or who have produced'"
TC')L# , as identification and who did/did not take an oath.
.,a-v p~ Notary Public State of Florida
R-J ~ Carol A. Mahoney
\.c:y:.",; fvly Commission 00460414
OF ~ Expires 08/10/2009
...'7 ' Cj
Commission NoD-/U-O
My Commission Expires:
S:\CA\AGMTS\Water Service'power of aUy.doc - I-tH>6
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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 Fl . da municipal corporation
" ~'it- ,;: L:l.(/.LJ~ I .J eiL(
urt Bressner, City Manager
Approved as to form:
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l /u:7~_('~V Ot n G2--
45SJ -City/Attorney
1../
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 i){ the County aforesaid to take acknowle ents, personally
appeared tAlA' J.o I L.Lt',e ~, City Manager and .
City Clerk respectively, of the City named in the foregoin greement 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,
V. WITNESS my hand and official seal in the County and State last afi,oresaid this tW/ dayof
lkulj' ,2002, . -',
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(Notary Seal)
My commission expires:
NOTARY PUBUC.STATE OF FLO
~ Judith A. PyI
Conpnission # D0421 091
Expl1'es: APR. 21, 2009
Bonded Thru Atlantic Bondinll Co., lne.
S:\CA \AGMTS\Water Service\Water Service Agreement - Rev 1-6-06,doc
5
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
Legend
CJ Parcel Bomdary
I 0120 I Lot nulTber
Page 1 of 1
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Owner Information
peN: 00434509080000620
~~~~."_..I~'I#'
N MARCINKOSKI RAYMOND A
ame: TRUST AGREE
Location: HIGHLAND RD
Mailing: 1065 RIDGE RD S
LAKE WORTH FL 33462 6137
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date Price
Aug-2oo5
Jul-2004
Oct-1982
Jan-1977
Palm Beach County Property Map
Map Scale 1 :840
Map produced on 1/2/2008 from PAPA
http://www.pbcgov.com/papa
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http://gisweb.co.palm-beach.fl.us/ipapagis/presentation/mapping/printnew.asp?MAPURL=h. .. 1/2/2008
Structural Detail
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Owner Name: MARCINKOSKI RAYMOND A TRUST AGREE
PCN Number: 00-43-45-09-08-000-0620
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1
Structural Element for Building 1
No Data Found.
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
No Data Found.
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Detailed Land Information
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C9 2007 Palm Beach County Property Appraiser.
http://www.co.palm-beach.fl.us/papa! aspxlweb/ detail_info2.aspx?p _ entity=004 34509080... 12/10/2007
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire CFN 20080113321
Goren, Cherof, Doody and Ezro!. PA OR BK 22530 PG 0345
3099 East Commercial Blvd.
Suite 200 RECORDED 03/26/2008 13:15:40
Fllauderdale. Fl 33308 Palm Beach County, Florida
R e.Tu.Q.N. Sharon R. Bock,CLERK & COKPTROLLER
Pgs 0345 - 346; (2pgs)
O!fice of the City C~erk -'-i
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City of Boynton t}:~qch ~''"'1.''
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Boynton Beach, FL '.\'.:':;.J5 r",)
IRREVOCABLE SPECIAL POWER OF A TIORNEY ~'::
--
-
(By Individuals) c .'
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STATE OF FLORIDA
COUNTY OF ~C!h
I!We,'~fh(jf\d ~ LoLs Harl1/ ok oskl , 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 descnbed 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.: 00-43-45-09-08-000-0620
This Irrevocable Special Power of Attorney is intended to supersede the
prior one recorded in OR Book 22441, Page 0548 and is a correction.
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the l q-I4 day of
t-n rClh , 2oQ(' and the powers and authority shall be irrevocable by Grantee.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAlVIE)
IN WITNESS WHEREOF, the parti es hereto have set their hands and seals this ~ day of
, 200 i .
WITNESS: ~=IDUAL(S) AS OWNE~(S):
~OJJ~~
( Ju-~a~v
Ow~ignature
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Printed WitJj ss Name Printed Owner Name
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Witness Sigpature
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Printed Witness Name
FOR INDIVIDUAL(S) NOT ARIZA nON:
STATE OF VL-oltfPA )
COUNTY OF ~ert..1I1 ~ ss:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
~ aforesaz ~d in the County aforesaid to take aclrnowledgments, personally appeared
IAfMO;~ 'It OtS J'YM7t.e,}J Koa Ie,' to me lrnown to be the person(s) described in an~ who
executed the foregoing instrument that he/she acknowledged before me that he/she executed the
same; that the individual,~wa~erSmlallY known.to me or provided the following proof of
identification: r::-I-4Il,IA .~ "tftt.(,..t.-- .
A WITNESS my hand and official seal in the County and State last aforesaid this /9 day of
~ , 200~.
(Notary Seal) ",,, "..., S h . ~ ~
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