R08-048
II
1 RESOLUTION NO. R08- 01./8
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 COVENANT
7 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON
8 BEACH AND CARLOS A. LOPEZ AND EDWIN
9 CORDERO; 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 1084 Florence Road, Lantana, Florida; and
14 WHEREAS, the parcel covered by this agreement includes a single-family home located
15 in an unincorporated portion of the City's utility service area; and
16 WHEREAS, a water distribution main has recently been completed on this street
17 allowing for the service to this parcel; 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 THE
21 CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
22
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 to
26 execute a Water Service Agreement between the City of Boynton Beach, Florida and Carlos A.
I!
27 Lopez and Edwin Cordero, 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\Lopez Cordero Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of April, 2008.
1n.~
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
comml' ioner..- Ronald.. Weil
/. '" '\/
/'~~~p
Commissioner - W ood/ . ay
//')t~tJf~" - ~;~
Commissioner - Marlene Ross
S:\CA\RESO\Agreements\Water Service\Lopez Cordero Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
RoS-0LI8
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
.THIS AGREEMENT made on this stJJ dayof F~fJl"Atr ' 2001, by and between
<!.AK..LOS A. L-OPEe~t=bWltJ~Ct..AER.O hereinafter called 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 ofthe 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:
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 ~ 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 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.
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
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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 1-6-06.doc
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~.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
1 . -c(. (1 ;
C(vl.;j LU/~<c.b ,. I: &../,"" ..""fllrrJ (INSERT NAME)
,
~ IN WITNESS WHEREOF, the parties hereto have set their hands and seals this / f8' day of
22t ('/ ~ ,2oob.
~
It,nn; ss Signatur.e
AJ~C(:) ~e,-
Prin d Witness Nam
)
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF ~(()f2id~ )
" . ) ss:
COUNTY OF palm '.Oeoc ~ )
~?~
(?jignature / {
_ ",a-Io.$ A 0 Pe2--
Printed Owner Name
~v?l
mr Sign3!,ure
11~ )'::DlAJ\N
Printed Owner Name
.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
Aforesaid and in, !J1e Co~n~ aforesaid to take acknowledgments, personally appeared
C~t).l.A-L,~z. / /.Jy.Pd4.)(r'/ (dr-cUi/O to me known 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 was p'ersonally known t.2.. me or provided the following proof of
identification:
M
State last aforesaid this / if day of
J
r
., WITNESS my hand and official seal in the County
-/J1?l2C7L , 200~. ,
(Notary Seal ~~y~ MARGUERITA VAILE
~W ~ MY COMMISSION # DD458902
My Comniis' 'oItff'f\tljres: EXPIRES: Aug. 7,2009
(407)358-0153 Flonda Notary SeM08.OOln
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
~lUJ.S ft. Lofn 1- F()t'wlI\ C.Jrcfc?rv (INSERT NAME)
NTON BEACH, FLORIDA
pal rporation
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 ~ng., in ~county af~resaid to take .-Jcknowle ents, personally
appeared If tLr f ,r/ BY' .' CIty Manager and :::Ja ~ ,VJ * ,
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 t~e City seal affixed thereto is the true
corporate seal affixed thereto is the true corporate seal of said City.
tt;:::ls S my hand and official seal in the County and State last aforesaid thisa'J/"& day of
,200~. / ___
L
My commission expires:
Public
NOTARY PUBIlC-STATE OF FL '^' --;Jtt tJ / T II /J. ;J I? &,
~ Judith A. Py e
Commission # DD421091
Expires: .APR. 21, 2009
Bonded Thru Atlantic Bonding Co., Ine.
(Notary Seal)
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
5
Palm Beach County Property Appraiser Property Search System
Pa9C: 1 of 1
I,.ocittion Addtess: 1.01. liLGa'II'E aD
Municigelitv: UDlI..CgIIlQU]:EP
""erc::el Control Number: QO".III.I=O'l!!Q3=OQQdIUg
Subdivision: t:tX8QLUXO RIDG! UI
afficial Recards Book: Uaa51 Pege: U'.
Legal Description: ~~gQLUXO RIDGI ~ 1ii:J
ewner Info~mation
Nitme: LOAEZ CjARLO' A .
Hailing Addre!is: J.oI' Et.QRltlle' II)
I,.4.KIi WOIIlt !L n"~ 131P
Siille
Oa~te; SIl....,,;Z005
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Sales Information
Sales Date Beak/Page
Price ~~iL'[YR"-
Owner
1IrIiIIIIIIt/..","'-'-d
Sep"2005
JUD..2001
Dea..UUIJ
l.U....n.L1548
l&.1.lV-.Oll..O
10191JOJlll
$80,508 QUIT flLAIM
$110,000 \AlA RIlAIlI~ DEED
U~,500 WA RRAN:J:Y DEED
LOPEZ GARL05 A .
LOIIIZ CARLOS
IAIlIIIEUCE GARV Ii . JIANtlIi
[ i:::;~;~e':~'~.'IDA ~~~_,,~~able.
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Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Property Information
Number of Units: 1
*Total Square feet: U",
Assessed and Taxable Values ~.,
Tax Year: 0
Assessed Value: .14
Exemption Amount:
Taxable Value:
~
'fax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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Although every reasonable effort has been made
to ensure the accuracy of the public Information,
data and graphic representations, the City of
Boynton Beach cannot be responsible for
E consequesnces resulting from any omissions or
errors containced herein. The city of Boynton
Beach assumes no liability whatsoever associated
with the use or misuse of this data.
1
I' Railroads
Tax Parcels 2005
LOT Labels
[! Tax Parcels 2003
LOT Labels
/ Street Centerlines
STREET Labels
Streets (Manatee Bay)
hydranLequipmentprjSP _Proje
TRSgrid
Water
[! Utility Service Area
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RECI)IWED U4/ 29/ ~:I):m 1.:.:: 36: :J.,:
THIS INSTRUMENT PREPARED BY: Pal n Beael'. Co Uill t:f . f t :1,: id21
James A. Cherof, Esquire Sharon R. Boek" CL ~:R~: ;:mIP1'RIJLLER
Goren, Cheraf, Doody & Ezral, P .A. Pgs 1603 . ,: 612; I HJp ~'13)
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
RoB-- o~r8
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
.THIS AGREEMENT made on this StJJ day of Fl3f;1l.UAty , 200 ~[" by and Jetween
~AK.L05 {+. L-OPEe~ ~bW/tIJ ~Ct..AEIW hereinafter called the "Customer", amlthe
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinaftl~r 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 provi je 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 oftheprivilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City ofB oynton 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.l.!i..- 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
-