R09-164
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I RESOLUTION NO. R09-/t.!-/
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 EDNER AND JULIENNISE
9 V AILANT; PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, at 1148 Highland Road, Lantana, Florida (PCN: 00-43-45-09-
14 08-000-1010); and
15 WHEREAS, the parcel covered by this agreement includes a single-family home
16 located in unincorporated Palm Beach County portion of the City's utility service area; and
17 WHEREAS, only potable water is available for connection to the property at this time
18 due to recent water main improvements constructed by the County a few years ago, and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 Section 2. The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Edner
28 and Juliennise Vaillant, a copy of said Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agrt:t:ments\Water Service\Vaillant Water Servict: Agreement.doc
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I Section 3. This Resolution shall become effective immediately upon passage.
2 'YL
3 PASSED AND ADOPTED this L day of November, 2009.
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6 CITY OF BOYNTON BEACH, FLORIDA
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13 Vice Ma or- WoodrowL. Hay
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16 Commis~ioner - Ronald Weiland
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23 ATTEST:
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S:\CA\RESOlAgreements\Water Service\Vaillant Water Service Agreement.doc
Water Service Agreements Outside the City of Boynton Beach Limits loCf-/& LI
(Single Family Homes)
TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS
(SINGLE FAMILY HOMES)
FROM: CITYOF BOYNTON BEACH UTILITIES DEPARTMENT
RE: WATER SERVICE AGREEMENTS
I. Please, all blanks (other than signatures) are to be typed
2. Sign the agreement (on p.3) and the Power of Attorney form
3. Have all signatures properly notarized on both forms, including the full names inserted in the notary's
statement.
4. Names in the blanks must match the owners' name as it appears on the deed.
0 Correct example: John R. Customer and Alice D. Customer
0 Incorrect example: John R and Alice D. Customer
5. Attach a survey and legal description (LABELED "EXHIBIT A"), or provide the property control
number.
6. Provide the name and address information requested below.
7. Return all documents to this office.
NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS
THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION METING.
THE TIME SHEDULE IS THEREFORE AT LEAST 3-4 WEEKS FROM DATE OF SUBMITTAL TO
DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION
MEETINGS. (THE COMMISSION MEETS ON THE I ST AND 3RD TUESDA Y OF EVERY MONTH)
Sincerely,
Peter V. Mazzella
Deputy Director of Utilities
Owners Information
Owner's Name: -. Edner & Juliennise - Vaillant ~-
Mailing Address: ____1148 Highland Road Lantana FI 33462 -
No, & Street City State Zip Code
Telephone No '_56J 5886237__
Properlv Jnformalion:
Address: __J 148 Highland Road Lanlana, FI33462
No. & Street ('lfy State Zip Code
Properly Control Number (PCN) _00-43-45-09-08-000-10JO
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OR Bl( 2 .]~) Ej ~~l PC; '~71 7
THIS INSTRUMENT PREPARED BY: REGilnIDE:D :Ll/<:412~llil'51 1:;: 19:22
PaJ.l~ BE'seh Ga"Ji1t~',. FlorIda
James A. Cherof, Esquire Share,n It. e'o':k,. CLERK t, COKPTROLLER
Goren, Cllerof, Doody & Ezra!, P.A. Pgs 1~171 :,.. T2~:, j: ( 10P1,,1
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308 RO'1-" (to ~
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
d . '1-
THIS AGREEMENT made on this Jdt day of Ct-ft.'b2( , 200- ~. by and between
Edner and Juliennise Vaillant ----" 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 provice water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Cmtomer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdietionallimits 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 _1.8 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 premise,. 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 su~6ctltuVtsrkct~ilCb~Gte 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 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 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 of this 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
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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)
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this i)~ day of
nCHotx.:,{ , 2009-.
WITNESS:
~o.~.~~y~
Witness Si e
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nnted Owner Name
Printed Witn s Name
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Witn :Jtature .... k: Y7'/'tJ
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Printed Witriess Name ~1&w~Q/.IYFMt7'
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Witness Si ture . ~er ~ignature f '. ~
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Printe Witn s Name Printed Owner Name
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Printed Witn ss Name
FOR INDIVIDUAL(S) NOT ARIZA TION:
STATE OF ..Eba:icl- )
) ss:
COUNTY OF --Palm &wh)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the _ ?run,;+ aforesaid to take acknowledgments, personally appeared
4/nn1-:ruli-E0I1ISe \hl () 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 FtdiVidUal was personally known to me or provided the following proof of
identification: 'bL .
biITNESS my hand and ~~cial seal in the County and State last aforesaid this 1j.~1'f- day of
~ .:e( ,200 _
NOTARY PUBLlC.S ATE OF FLORIDA
...'''"...,.,. Catherine ChelTY.Guberman {JCl-ldr~Jwr-.!. rlI. flA M t ~V)t{a 1(
(Notary Seal) {~iCommission#DD792144
...... ,/ Expires: MAY 27, 2012
C .. .BONDED THRU ATLANTIC BONDING CO., INC.
My ommlSSlOn expires: Notary Pubh~l1en\1e Q .hav~' tllLl berrrctll
\-.-{CLl1 Ar'J/ ~
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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 Florida icipal corporation
Kurt
ATTEST:
~Yr1. P~J:L>
City er
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 .~ the County aforesaid to take ackno Ie en'ls, ersonally
appeared Ku ri _ (Ps'Sn-er '- [\
, City Manager and 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.
, wr~ESS my hand and O~cial seal in the County and State last aforesaid this J totJ) day of
-.1!Duem ti( ,200 .
NOTARY PUBLIC-STATE OF FLORIDA
(Notary Seal) iij". Cat!lenne Cherry,Gub,nnan - f~01
;, , jColl\rnlssion #OD792144
""."""~ MAY27,~ Qh{>rr~- ,ub-ermQj
My commission ex~ ~lN@Q
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S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
H:\l990\90D182.BB\AGMT\Water Service Agreement - Rev 1~6-06.doc
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THIS INSTRUMENT PREPARED BY'
James A. Cherof, Esquire
Goren, Cherat, Doody and Ezrol. P.A
3099 East Cornmercla18lvd.
Suite 200
Ft. Lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF 'lot rn b(flQr)
I/We, ~dnertIult-enl'1(Sf ~l~, 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 cornplete 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,: 004345 oq o~ UDD IQLD
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the Iy-llj day of
"
Dci d)E:f ,20m and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the {).frh day of
ookb?( , in the year 2od!f.
Sealed and delivered in the presence of
,-druvw=~J ( ~MIJ
Witness SI ature
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Print N
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Witne gnature
Pnnt Name
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Owner Signature
€-- JillteAlI\I{~ Va.d/tJ//\/r
Print Name
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I, .fA fr,J
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
~. FOREGOING INSTRUMENT ~as acknowledged before ~l} day of
ie ~ , 2~, by Z:-d~dIlJlt'€nnlst' \lOll and
r n~ , who are known to me or who have prn""~('d
. , as identification and who did/did l1~t take an oath.
NOTARY PUBU~.sTATE OF FLORIDA (Ill t:L IlL')lQ (1 N W J- ~Jl}j11alll
........"... Cathenne Cherry-Guberman - 'Ii\...
{W~Commission#DD792144 ~y PUBLlf (G, L
\~lExpires: MAY2?,20.12 (! rlVlf h-r(~- ULX:nVUn
BONDED 'l1l'l{U ATLANTIC 20NDI}lI,. CO., 1.:,. .
Type or Pnnt Name
Commission No.it bDlq~L4L/
My Commission Expires: 1',KU-I~t')1 .9J5id-
S:\CA\AGMTS\Water Service\power of atty. doc - 1-6-06
H:\1990\900182.BB\AGM1\Power of Attomey-Ind 1-6-06.doc
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Structural Detail Page I of I
Owner Name: VAILI..ANT EDNER
peN Number: 00-43-45-09-08-000-1010
Building Structural Data and Drawing are for the Current Tax Roll.
BUlLDINGl
Structural Element for Building 1
1.Ext erior Walll CB STUCCO
2. Year Built 1958 Subarea and Sq. Footage for Building 1
3.A ir Condition Dese. NO HTG/AC No. Code Description Sq, Footage
4. Heat Type NONE 1. BAS BASE AREA 726
5.H eat Fuel NONE 2, UST UNFINISHED 72
6. Bed Rooms 1 STORAGE
7.Ful I Baths 1 3. UST UNFINISHED 24
STORAGE
8, Half Baths 0
erior Wall 2 N/A 4. UCP UNFINISHED 140
9.Ext CARPORT
10. Roof Structure FLAT SFB SEMI FINISHED
11. Roof Cover ROLLED COMP 5. BASE AREA 120
12. Interior Wall 1 PLASTER Total Square Footage: 1082
13. Interior Wall 2 N/A Total Area Under Air: 846
14. Floor Type 1 CARPETING L-,.~,:.J
15. Floor Type 2 N/A
16. Stories 1
Extra Feature
Description Year Built Units
No Extra Feature Available
Detailed Land Information
Land Line # Description Zoning Units Acres
1- SFR RM 1 0
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Value M]iJ<;;t.ment Board \ Sqve {)Ul homes I Senior Corner 1 Disclaimer
Home I Links I Glo,;;sary I FAQ I Forrl.\s I Conti:lct U$ I f>APA
(~) 2009 Palm Beach County Property Appraiser.
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http://www.co.palm-beach.fl. us/papa/aspx/web/detail_ inf02.aspx?p _ entity=004 3450908000 I 0 I O&Owne... 10/12/2009
All Owner Page I of I
All Owner(s)
peN Number: 00-43-45-09-08-000-1010
Owner Names
VAILLANT EDNER lit
VAILLANT JULIENNISE
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http://www.co.palm-beach.f1.us/papa/aspx/web/aIlOwner.aspx?entity _id=0043450908000 I 0 I O&Owner _'" 10/12/2009
The Citg ol Bognton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.f1.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: R09-164 - 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
5:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2QQ9\Pete Mellelln R,Q9-G66.00c
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