Loading...
R09-168 II I I RESOLUTION NO. R09-IMI 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 SUNSHINE COMMERCIAL 9 INVESTMENTS, INC.; PROVIDING AN EFFECTIVE 10 DATE. II 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 8305 S. Military Trail, Boynton Beach, Florida (PCN: 15 00-42-45-13-00-000-3131); and 16 WHEREAS, the parcel covered by this agreement has a 2-story medical office 17 building with a gross floor area of approximately 8,000 square feet planned for this site; and 18 WHEREAS, the City has included the entire service area within its master planning 19 for water and sewer service and this site is therefore included; 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 I. 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 . i hereof. 27 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 29 Sunshine Commercial Investments, Inc., a copy of said Agreement is attached hereto as S:\CA\RESO\Agreements\Water Scrvice\Reso .Sunshine Water Service Agreement.doc " I 1 Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 I!.&L 4 PASSED AND ADOPTED this.3 day of November, 2009. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 - 9 10 11 12 13 14 15 16 17 Commissioner - Ronald Weiland 18 19 il , 20 21 22 23 CommissIOner - Marlene Ross 24 ATTEST: 25 26 Yn.~ 27 28 M. Prainito, CMC 29 Clerk 30 31 32 33 34 35 "~- S.\CA\RESO\Agreements\Water Servlce\Reso -Sunshine Water Service Agreement.doc CITY OF BOYNTON BEACH UTILITIES DEPARTMENT 124 E. Woolbright Road Boynton Beach, FL 33435 561-742-6400 FAX 561-742-6298 LETTER OF TRANSMITTAL Date: October 29,2009 TO: Janet Prainito City Clerk RE: Agenda item backup for Nov. 3 meeting Water Service Agreement with Sunshine Medical Office TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: Item Description I Original Water Service Agreement, signed by applicant I Original Power of Attorney, signed by applicant I Legal description - 8.5" x 11" 1 Owner information page 1 Schedule A&B of title policy 1 Full size plan - survey- signed and sealed original 1 Full size plan - site plan Remarks: Janet - these original documents are part of the EZ- Agenda package already, but the originals are being sent to you for signature, or records retention, as needed. ~~ Signature: Peter V. Mazzella XC: Barbara Conboy for File (w/copy of attachments) i~~ijl~~~m~l.nm"~I.I~111 CFN 21Z10'OJ04124..7 DEi: BK 2,]'~:):j3 PU 0761 THIS INSTRUMENT PREPARED BY: RECORm:o 1112~,j2009 15:23:51 James A. Cherof, Esquire Paln, BE'ac:h CO""t~, Florida Goren, Cherof, Doody & Ezrol, P.A. She.,'on il. Bock,CLERK & COKPTROLLER 3099 East Commercial Blvd. Pgs 076J. - 76B; (Bp9") Suite 200 RO'1- t(P8 PI. Lauderdale, PL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this 1st day of September ,2009 ,by and between SUNSHINE COMMERCIAL INVESTMENTS (Name of Corporation), 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 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: (Exhibit A) 2. The Customer and the City hereby agree that there are -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 up~ RwtOlr!;r~~ses. All such lines shall be approved by the Director of Utilities and subject to InspectIOn y e City 3"13.J' (, '. "'" '" ,J... \) ,"'.,". if ,\ II' HOV':lG N01~),Cj 'J,)'} ~',. ,.,....... 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 ofthe 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 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 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. 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 oftitle. 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 +h IN WITNESS WHEREOF, we have hereunto set our hands and seals the Ii); day of September , in the year 20~. Sealed and delivered in the presence of (VI. Corporation Name: Sunshine Commercial Investments Wi MiJfl1"H'''( NOM B~::=-.~ Type Name Type Name and Title:_ Elmo Angelo Bartolome ATTEST ~~.- Secre arY' . /""I,.....,'~~ ,.."',..,.......""~JI,.... ,.,,~~,. Corporate Seal: ",~,;;"';r.,..., (,,;",;'w; ... ,,!::t..;:',,:;-iJt<!,1t: ....~, ~U!!' . ~~~"!me~~~, ~"':.\ ,.;. ,.,~jj"'," '~'vv, STATEOF 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 (5)resaid to take acknowledgments, personallCappear~ E I~ A {?{)c+CIClt.l\e. as Q"S'Op~of .<VK"\.~ne.(C'I"NY'I,,(c.;c.~ameam e o~~oing agreement and that he/she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in himlher by said Corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. Witness my hand and official seal in the County and State last aforesaid this ~day of Sevtember , 20.-illL. f\ nd. ~ A 000 9-A . Notal'i pub".C Stat. of 0 T Y PUB Ie i....~~ O'~' A "'.'''.'0" 00146243 ---:l> i5. ~ \ \ . . .: My<?om~~~06/2012 ~. \ ",..~I E'P"'S Typed e ission Expires: THIS INSTRUMENT PREPARED BY. James A. Cherof, Esquire City of Boynton Beach 100 E .Boynton Beach Blvd. Boynton, Beach, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH I, Elmo Angelo Bartolome , as Corporate Representative of Sunshine Commercial Investments, 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.: 00424513000003131 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 1st day of September ,2009 and the powers and authority shall be irrevocable by Grantee. WITNESS: ~ CORPORATION AS OWNER(S): ~ ' n fWM By: Elmo Angelo Bartolome Iti(~~ . ~ Witness Sig ature f0V{L~1 IV 0 1\.1 Elmo Angelo Bartolome ,President Type itn s Name Type Name and Title r.~',,'...,' '""..............~...."" ~O<:""... " ,_.. -.:: '-....... .'Y'\. ....... ,~',.- - -:"""'_""',.;'Mb ~ro~;"'1~\ >.' ~~m~~~~ '~Mt: . J:. "'''\'r\1\ if1l::\ _~"'.-.... II"......, {CORPORATE SEAL} I ATTEST: ~,~ c.:..-:~ Secretary .~::)":'~~,~ 1,"1~~ 8lW.\ :A-.' 'B.w:OVLQ l'\<\. C ,.' r""-4. I Type Name FOR CORPORATE 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 aforesaid and in the County aforesaid to take acknowledgments, personally appeared Elmo Angelo Bartolome as C.O.O of Sunshine Commercial Investments named in the foregoing agreement and that he/she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in himlher by said Corporation and that the corporate seal affixed thereto is the true corporate seal of said Corporation. 'In Witness my hand and official seal in the County and State last aforesaid this UL day of September ,2009 .~ ~ ~'O~/90"O .."d'3 ~o~\. Cvi::9vLOa UOISS!WWO:) AV\I ~ . :. !lIe}:! 'rJ eAea '\1 ~ ) eplJ01.:i j.0 a~elS :)!Iqnd .\JelON fI ~ ~HJ ''',. R~", Notary Pub;,c State of Flof'd. ~ C . . DayaAReUi < \;: / My ~Omml8Sjon 00748243 ( 0,,, ElCplres 01/06/2012 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 muni al corporation By: Kurt Bressner, City Manager ATTEST: f),.f- 'Tn. fl..'oo..J" ity lerk Approved 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{ 't the County aforesaid to take OC*wlW~no.dPersOnallY appeared J~U[ ( eSS(rQr , City Manager and .:.:fa' . If), 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. j\\ WIr:TI1)SS my hand and official seal in the County and State last aforesaid this ItD-<<t day of DUe er , 200~. NOrAR't PURtle-STArE 0P FWRIDA (Notary Seal) /......,"\ Catheri~e Cherry.Guberman {L i:1.u.b ;,~}CO~rnls.slOD#DD792144 (1.Ctt1ilJU/ltf A.vv~ - QJu~f\fl/l {Ii _', ,.' Eo.plres. MAY 27, 2012 Y filA-' V\. BONiiW THRU ATLANTIC BONDING CO, INC. Notary PublicQo.+hen I t ~ hen y , 811b ~( mCll-; My Commission Expires: \---W...L{ ,.~t') I ,9,bl,';l.- - S:\CAIAGMTS\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 , LEGAL DESCRIPTION OF TRACT 3131 (PARENT LEGAL) A TRACT OF LAND IN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHWEST ONE- QUARTER (NW 1/4) OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNER OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST; THENCE N. 00 27' 10" W, ALONG THE WEST LINE OF SECTION 13, A DISTANCE OF 1323.18 FEET A POINT; THENCE N. 89 59' 21" E, A DISTANCE OF 440.54 FEET TO A POINT; THENCE S.OO 27' 32" E, A DISTANCE OF 500 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD NO. 809 (MILITARY TRAIL), THENCE NORTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, HAVING A RADIUS OF 1960.08 FEET, CONCAVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 3 48' 46", A DISTANCE OF 130.43 FEET TO THE END OF SAID CURVE; THENCE N.44 56' 49" E, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OP 104.6 FEET TO THE POINT OF BEGINNING; THENCE N. 40 46' 31" W, A DISTANCE OF 181.87 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING THE SOUTHERLY RIGHT OP WAY LINE OP A 66 FOOT WIDE COUNTY ROAD; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 509 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD 809; THENCE S. 44 56' 49" E, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 421.62 FEET MORE OR LESS TO THE POINT OF BEGINNING. LESS THAT PORTION FOR RIGHT OF WAY AS DESCRIED IN WARRANTY DEED FILED IN OFFICIAL RECORDS BOOK 5906, PAGE 1624, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID PROPERTY BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS A TRACT OP LAND IN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHWEST ONE- QUARTER (NW 1/4) OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNER OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST; THENCE NORTH 00 51' 28" EAST, ALONG THE WEST LINE OF SECTION 13, A DISTANCE OF 1323.27 FEET A POINT, ON THE NORTH LINE OF THE SOUTHWEST QUARTER LINE OF THE NORTHWEST QUARTER OF SECTION 13; THENCE WITH A BEARING OF NORTH 89 34' 51" EAST, ALONG SAID QUARTER LINE A DISTANCE OF 440.54 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 00 51' 28" EAST, A DISTANCE OF 485.57 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD NO. 809 (MILITARY TRAIL), AS RECORDED IN OFFICIAL RECORD BOOK 5906, PAGE 1624, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE WITH A CURVE TO THE RIGHT, ALONG SAID WEST RIGHT OF WAY WITH A RADIUS OF 1970.08 FEET, A CENTRAL ANGLE OF 3 29' 25", AN ARC LENGTH OF 120.02 FEET, AND A CHORD BEARING OF NORTH 42 47' 13" EAST. TO A POINT; THENCE NORTH 44 31' 56" EAST, ALONG THE WESTERLY RIGHT OF WAY, A DISTANCE OF 105.35 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING; THENCE WITH A BEARING OF NORTH 41 11' 29" WEST, A DISTANCE OF 176.06 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF OLD MILITARY TRAIL, AS RECORDED IN OFFICIAL RECORD BOOK 192, PAGE 206, OF THE PUBLIC RECORDS OP PALM BEACH COUNTY, FLORIDA; THENCE WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 1009.04 FEET, A CENTRAL ANGLE OF 25 05' 38", AND ARC LENGTH OF 441.93 FEET, HAVING A CHORD BEARING OF NORTH 6808' 24.4" EAST TO A POINT, OF INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF MILITARY TRAIL AS DESCRIBED; THENCE WITH A BEARING OF SOUTH 4431' 56" WEST, ALONG THE WESTERLY RIGHT OF WAY LINE OF MILITARY TRAIL A DISTANCE OP 414.85 FEET MORE OR LESS TO THE POINT OF BEGINNING CONTAINING 43,478 SQUARE FEET (1.00 ACRES) MORE OR LESS. AND SUBJECT TO EASEMENTS, RESERVATIONS AND RIGHTS OF WAY OF RECORD , , fx\~\'\ A The CitlJ ol BolJnton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci,boynton-beach.fI,us www.boynton-beach,org MEMORANDUM TO: Pete Mazzella Deputy Director of Utilities FROM: Janet M. Prainito, CMC City Clerk DATE: December 7,2009 SUBJECT: R09-168 - Agreement for Water Service Outside the City Limits Attached for your information and files are copies of the executed agreement and the Resolution mentioned above. Since the agreement has been fully executed, I have retained the original for Central File. Thank you. ~m-.~ Attachments (2) (Signed Agreement & Resolution) C: Central File S;\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Pete Mezzella R09-16," .doc America's Gatewav to the Gulfstream . .