R12-069 1 1 i
1 RESOLUTION NO. R12- 069
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 MARIE LATAGNAC;
9 PROVIDING AN EFFECTIVE DATE.
10 I
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, at 1206 Alto Road, Lantana, Florida (PCN: 00-43-45-09-09-
14 000 - 3060); and
15 WHEREAS, the parcel covered by this agreement is located in unincorporated Palm
16 Beach County portion of the City's utility service area and
17 WHEREAS, the property historically receives water from a well and the owner now
18 requests that the City provide potable water in the future; 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 Interim City
27 Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida
28 and Marie Latagnac, a copy of said Agreement is attached hereto as Exhibit "A ".
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1 Section 3. This Resolution shall become effective immediately upon passage.
2 th
3 PASSED AND ADOPTED this 7 day of August, 2012.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7 7
8
9 I w - A%`rr
10 Mayor — Woodr•
11
12
13 Vice Mayor — Mack - ray
14
15
16 Commissioner —
17
18
19 m's •6 • r — S ven Holzm
20
21
22 ommissioner — Marlene Ross
23 ATTEST:
24
25
26 t! • •
•
27 : M. Prainito, MMC
28 Clerk
29
30
31
33 e irptu'd>e Seal)
4
S \CA\RESO\Agreements \Water Service \Reso - Latagnac Water Service Agreement doc
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1111111111111111111111
AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS
(Individuals) m
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This Agreement, made on this 21st day of June , 2012 , by and between: z z z
111
Marie Latagnac , hereinafter called the "OWNER(S)," ` o
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and n'
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THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,
o
hereinafter called the "CITY." 0 En
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N. 4
WITNESSETH, the City and the Owner(s), in consideration of the mutual covenants --4 4
exchanged herein, agree as following: 0
r
1. Owner(s) represents and covenants that it owns the following described real property T
(hereinafter "Property ") located outside the boundaries of the City, but in the City's water
and wastewater service area: v,
2. The City agrees to provide Owner(s) with water services from the City water system only °' �
as necessary to service the Property.
--+
3. Owner(s) shall not use or supply water it receives from the City to service or benefit any f
property other than the Property described in paragraph 1 above, unless written 00
permission is granted by the City of Boynton Beach.
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4. The Property requires 1.4 (specify number) Equivalent Residential Connection(s).
` The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and
inspection of the facilities as required by the City Code to provide service to the si
Owner(s)'s premises.
`6. The Owner(s) shall be responsible for installation and conformance with all applicable
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codes, rules, and regulations of all service lines upon the Owner(s)'s premises and all such
lines shall first be approved by the Director of Utilities and subject to inspection by the
City Engineers. t4
7. The City shall have the option of either requiring the Owner(s) to use a licensed unt
contractor to perform the necessary work or the City may have the work performed in
which case the Owner(s) will pay in advance all estimated costs thereof. In the event the
City has such work performed, the Owner(s) will also advance to the City such additional
funds as may be necessary to pay the total actual costs of providing the work.
8. Any water main extension made under the Agreement shall be used only for the
Owner(s), unless written permission is granted by the City of Boynton Beach for other
party or parties to connect pursuant to the Code of Boynton Beach.
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9. Ownership and title to all mains, extensions, and other facilities extended from the City
Water Distribution System to and including the metered service to Owner(s) shall be
vested in the City exclusively.
10. The Owner(s) 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 now applicable or as may be changed from time to time.
11. Owner(s) shall pay a twenty -five percent (25 %) surcharge on all water use charges to the
Property.
12. Any rights -of -way or easements needed by the City to provide water to the Property shall
be provided by the Owner(s) and at the Owner(s)'s expense.
13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his transferees,
grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold
under this Agreement is made available from surplus. If the surplus does not exist at the
time of Owner(s)'s actual request for commencement of service, as determined by the
City's Director of Utilities, then this CITY, without liability, may refuse to initiate service
to the subject premises.
14. The Owner(s) further agrees in consideration of the privilege of receiving water service
from said City, that the execution of this Agreement is considered to be a voluntary
Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any
successor or amendment thereto. Furthermore, should any other general law, special act,
or local law be enacted which provides for voluntary or consensual annexation, this
Agreement shall also be considered a request by the Owner(s) for annexation under such
other laws. The Property shall be subject to annexation at the option of the City at any
time they are eligible under any one or more of the above- referenced laws concerning
annexation. Owner(s) will inform any and all purchasers of any or part of this property of
this voluntary petition for annexation and its applicabilities to such purchasers.
15. The Owner(s) acknowledges that this covenant for annexation is intended to be and is
hereby made a covenant running with the land described in "Exhibit A," attached hereto
and made a part hereof. This Agreement is to be recorded in the Public Records of Palm
Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs,
or assigns of Owner(s) shall be bound by this Annexation Agreement.
16. 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 of local, 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.
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17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton
Beach, Florida, its Mayor, Members of 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 Owner(s)'s obligation under or performance pursuant to this Agreement, including
disputes for breach of warranty of title.
18. It is understood by Owner(s) and by the City that the attached site plan "Exhibit B" has
been reviewed by the City of Boynton Beach for compatibility with the City's
comprehensive plan as it relates to land use and density, found to be generally acceptable
to the City and is to be the guide for development of this subject land. In the event that
the site plan is not approved, there shall be no commitment on the part of the City to
serve Owner(s) if a subsequent site plan results in a change in land use, density or an
increase in equivalent residential connections.
19. No prior or present 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.
20. The Owner(s) warrants to the City that Owner(s) holds legal and beneficial title to the
property which is the subject of this Agreement.
21. In the event of a sale of the property by Owner(s), Owner(s) agrees to provide written
notice of the existence of this Agreement to the buyer of the property prior to or in
conjunction with the closing of the sale transaction.
SIGNATURE PAGE FOLLOWS
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Marie Lata2nac (INSERT NAME) ) / ''JJ
IN ESS WHEREOF, the parties hereto have set their hands and seals this ,S)"
day of .L- -2L , 20 / Z--
/'
u► i ., I Owners: INDIVIDUAL(S) AS OWNER(S):
OffigifirlYAk. - _!La
S ¶ Itture Owner Signature
do 3 --� V 0 _ fifv+E fi1,fr2,4 iii)�6 c__
Pnn es Witness Name Printed Owner Name
'--Nr'n '
Witness Signature
Printed Witness Name
Witness Signature Owner Signature
Printed Witness Name Printed Owner Name
Witness Signature
Printed Witness Name
FOR OWNER(S) NOTARIZATION:
STATE OF - or CI a- )
) ss:
COUNTY OF d i ' A 4
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
4/11/E- 7 / 1 Gi4r #,4 & 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 individual was personally known to me or provided the following proof of
identification: FL . .A f (J r-/ -/ C--- .
WITNESS my hand and, official seal in the County and State last aforesaid this Z -/S kay of
,/ . s2 • ,20/
t tary NOTARY PUBLIC-VA : ` ' RIBA Seal) Judi A. ' ,18 , .� r
s COE IISG 9 #1,:t 1 + C i. .-� /
My Commission expires: aZ/ / Bo � ') , 11
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Marie LataEnac INSERT NAME)
G• -Y ap. :
. t i..„1„,, t
'. CITY OF BOYNTON BEACH, FLORIDA
...
,„ , r a Flori • . municipal corporation
v Y,; . . '? ie ,- I! .4 .4,-. (t.52.--Cyc--.."---*--
' '' •ri aVerriere, Interim City Manager
ATTEST:
ay YY), Px,,,,
di p, Clerk
Approved as to form:
�(Ct,� 1 1
A5 t City Attorney j r
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesai4 and in the County aforesaid to take acknowledgments, personally appeared
Lori a L)erri re , Interim City Manager of the City named in the foregoing
agreement and that she acknowledged executing same and voluntarily under authority duly
vested in her 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�
ITNESS my hand and official seal in the County and State last aforesaid this JO
day of / Q C �-} , 20 L .
J ,
(Notary Seal) 1 _t t ,_ � _, - rr, .) !' Li
Notary Public
My commission expires: J pk,I (4, ({H eii f) L Cherry - 6 iu L'I ma 0
° Poe` CATHERINE CHERAKGUSERYMI
* °, . -. * MY COMMISSION II EE 207630
p, EXPIRES: June 12, 2016
' P evf rk, I +rl Thry %dot NMery GerWWees
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—5—
THIS INSTRUMENT PREPARED BY
James A Cherof, Esquire
Goren, Cherof, Doody and Ezrol P A
3099 East Commercial Blvd
Suite 200
Ft Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Palm Beach County
I /We, Marie Latagnac, 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:
PCN No.:00- 43- 45- 09 -09- 000 -3060
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 21st day of June , 2012 and the
powers and authority shall be irrevocable by Grantee.
- IN WITNESS WHEREOF, we have hereunto set our hands and seals the - "day of
/ ,
, �zaL..e.— , in the year 20 / Z-
N ed and delivered in the presence of
i s
;
s Si;,gn ;turi. 0 Owner Signature
�. Marie Latagnac
'rint Name Print Name
Witness Signature
Print Name
Witness Signature Owner Signature
Print Name Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this 0 -day of
4,-4 „z-- 20L2_, by 1/14_,,e, / ..._ /..- a - 7 1 u c- it a _ and
, who are known to me t r who have produced
rL. dr W2 i i 2- ((62'5 i- , as identification and who did /did not take an oath.
NO ✓ RY PUBLIC
. rte 1.), 717z-- /1 "y -
Type or Print Name / , /
Commission No. .„6 6 of 7 0 ..:t9 `�`
My Commission Expires: V / 2 /,3
S \CA\AGMTS \Water Service \power of atty doc - 1 -6 -06
H \1 990 \900 BB \AGMT\Power of Attomey -Ind 1 -6 -06 doc NOTARY PUBLIC - STATE OF FLORIDA
T ' "" Judith A. Pyle
Commission #DD870304
,, Expires: APR 21, 2013
BONDED THRU £ 1ANTIC BONDING CO , INC.