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.
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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.
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7 CITY OF BOYNTON BEACH, FLORIDA
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17 Commissioner - Ronald Weiland
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23 CommissIOner - Marlene Ross
24 ATTEST:
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26 Yn.~
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28 M. Prainito, CMC
29 Clerk
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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
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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)
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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
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Type Name
Type Name and Title:_ Elmo Angelo Bartolome
ATTEST
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STATEOF Florida) -", ".
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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.
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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
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Witness Sig ature
f0V{L~1 IV 0 1\.1 Elmo Angelo Bartolome ,President
Type itn s Name Type Name and Title
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{CORPORATE SEAL}
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ATTEST: ~,~
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Secretary .~::)":'~~,~ 1,"1~~
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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
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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
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,
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
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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
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