R13-033 l
1 RESOLUTION NO. R13 -033
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 RIDGE GROVE
9 ASSOCIATION; 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, at 7961 Overlook Road, Lantana, Florida (PCN: 00- 43- 45 -09-
14 08- 000 - 1561); 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 Ridge Grove Association, 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 PASSED AND ADOPTED this 16 day of April, 2013.
3
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8 ilGi Z
9 yor — - Tay1
10 -
11 1
12 1 Id • k. — Vice M
14
15 Commissioner -- David . erker
16 n(
17
18 C missi er — lichael Fitzpatrick
19 :1
20
21 Co missioner — Joe Casello
22 ATTEST:
23
24 1,
25 � e /r l • PA:OLJAA.4)
26 Jane . Prainito, MMC
27 Clerk
28
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35 S \C + .� s\Water Service\Reso - Ridge Grove Assn Water Service Agreement doc
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Page 1 of 1
*$l1 `'a Property R. Nikolits, CFA Appra�
I"s Public Access PA PA •
Property Appraiser
Palm Reach County �
Location Address 7961 OVERLOOK RD
Municipality UNINCORPORATED
Parcel Control Number 00- 43- 45 -09 -08 -000 -1561
Subdivision RIDGE GROVE IN
Official Records Book Page
Sale Date
Legal Description RIDGE GROVE PARCEL A (LESS S 50 FT OF E 100 FT)
Mailing address
Owners CRAIG JULIE C/O 3313 DIAMONDHEAD RD
RIDGE GROVE ASSOC INC LAKE WORTH FL 33462 361 7
No Sales Information Available
No Exemption Information Available
Number of Units 0 *Total Square Feet 2192 Acres 0 5739
Use Code �Np' OUTDR REC /PARK Zoning UNINMORPORATE Medium Density) (00
Tax Year 2012 2011 2010
Improvement Value $0 $0 $0
Land Value $0 $0 $0
Total Market Value $0 $0 $0
All values are as of January 1st each year
Tax Year 2012 2011 2010
Assessed Value $0 $0 $0
Exemption Amount $0 $0 $0
Taxable Value $0 $0 $0
Tax Year 2012 2011 2010
Ad Valorem $0 50 $0
Non Ad Valorem $0 $0 $0
Total tax $0 $0 $0
http: / /www.co.palm- beach. fl. us / papa / Asps / PropertyDetail /PropertyDetail.aspx ?parcel =00... 11/26/2012
, Water Service Agreements Outside the City of Boynton Beach Limits
(Single Family Homes)
G�i U
TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS
(SINGLE FAMILY HOMES)
FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT
RE: WATER SERVICE AGREEMENTS
1. Please note that all blanks (other than signatures) are to be typed or legibly printed.
2. Names in the blanks must match the owners' name exactly as it appears on the Deed to the Property
• Correct example: John Ralph Customer and Alice D. Customer
• Incorrect example: John R. and Alice D. Customer
• Incorrect example: John and Alice Customer
3. Sign the Agreement for Water Service Outside the City Limits and Covenant for Annexation (on Page 4) and
the separate Irrevocable Special Power of Attorney
4. Have all signatures properly witnessed and notarized on both Agreements, including the full names inserted in
the Notary's Certification
5. Provide the Property Control Number below and attach a copy of the Deed to the Property and legal description
(Labeled "EXHIBIT A ").
6. Provide the Owner's Information and Property Information requested below.
7. Return all documents to Customer Service Office, 100 East Boynton Beach Blvd, Boynton Beach FL, 33435.
Sincerely,
Anthony M. Penn
Customer Service Manager — Utilities Finance Department
OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME FOR PROCESSING THIS APPLICATION, PRIOR TO SCHEDULING IT 3 -4
WEEKS BEFORE A CITY COMMISSION MEETING FOR APPROVAL CITY COMMISSION MEETINGS ARE NORMALLY SCHEDULED ON
THE 1 AND 3 TUESDAY OF EVERY MONTH THE TOTAL TIME SCHEDULE FOR APPROVAL COULD BE AT LEAST 5 -6 WEEKS FROM
THE DATE OF SUBMITTAL TO THE DATE OF COMMISSION APPROVAL DEPENDING UPON THE COMMISSION MEETINGS DATES
Owner's Information
Owner's Name: Ridge Grove Assoc Inc
Mailing Address c/o Craig Julie 3313 Diamondhead Rd Lake Worth, FL 334623617
No & Street City State Zip Code
Home Telephone No(561) 582 -4687 Mobile Telephone No (561) 719 -7245
Property Information
Address • 7961 Overlook Rd Lantana, FL 334626135
No & Street City State Zip Code
County Appraiser's Office Property Control Number (PCN) 00- 43- 45 -09 -08 -000 -1561
G: \Water Service Agreements \Cover Letter - Single Family Homes 8- 22- 12.doc
AGREEMENT FOR WATER SERVICE OUTSIDE R 1 3 ` 0 s3
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this 12 day of February, 2013 , by and between Ridge Grove
Assoc Inc (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 1 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 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
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 1 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 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.
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
2
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)
3
WITNESS: CORPORA N AS OWNER(S):
./, .,,. ,- _ „_ �/ By:
i•'ess S. ature / Its: ..- %Z e 6 ro Ms
y 1 o c - , j / � t s f r Ad `124/. 4 4 , 4 r-u,0AC esk
Printed Witness NWme Print Marne and Title
Witnes ature
'A-a y<7 rvt C {CORPORATE SEAL}
Printed Witness Name
A` 'EST: -
b (I 1 €G
S e
K )p Lts ( am. lc) l
Print Name ..
FOR CORPORATE NOTARIZATION:
STATE OF 1— to- a-- )
��)) )ss:
COUNTY OF'ha /kb Dt 1%) )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
g oresaid , and in the County aresaid to take p,cknowled_ments, personally appeared
Q' 4- l U.,td...1” 'O- / l to 5icJ ., as fe of . ,. A. • • j r •I mined in the
foreing agreement and that he /she acknowledged execut'!_ the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her 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 Z�, ay of
.l�Cef y„ii , 2001 iLfit- (x— Cc4LEte_
- -WM NOTARY PIQBLIC
r k. TMeIWOMx ` Printed Name
My •mmission Expires:
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Ridge Cove Assoc Inc. (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
By:
Lori LaVerriere, City Manager
ATTEST:
City Clerk
(SEAL)
Approved as to Form:
ty Attorne)l 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
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Lori
LaVerriere, 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.
WITNESS my hand and official seal in the County and State last aforesaid this day of
, 200 .
(Notary Seal)
Notary Public
My Commission Expires:
5
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, Ray Marcinkoski, President , as Corporate Representative of _Ridge Grove
Assoc Inc , 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 -08- 000 -1561
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 12 day of February ,
2013_ and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, ` Are have hereunto set our hands and seals the A. day of
iji , in the year 20
Sealed and delivered in the pry ..sence of
.� . f-/ - Corporation Name: "- /b • E �re�v� ���, T c .
W1. ess Si.. • Lure f ,
A � y f� B . /1 /1;44-- Prins Name/ V
Print Name and Title: 2 ?47 M4 -rc-i `C os
Witn ature ATTEST
Amt V-07 4 l � , �, )1ALL , s O I c
Print Name Secretary
Corporate Seal:
STATE OF Ft /1.)
S S:
COUNTY OF Alijhadri )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afpresaid and in the County aforesaid to take aOknowled ents, ersonally appeared
IA J ! e. L. I ,5 ( Q.0 as ' , of T i I c ('�" f j� L fl r. / I 1 wed in the
foregoing agreement and t he /she acknakivledged executif the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her 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 26 l of
' , 201
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MARY-sEEV B C t f I L.
My COMMISSION # DO 857332 ! 7 [
!�— - EXPIRES: February 28, 2013 �(
Bonded rev Notary Put& Undendefs Printed Nanhe
My Co L"Ari'es:
S: \CA\AGMTS \Water Service\Power of Attomey -Corp 1- 6- 06.doc
H \1990\900182.BB\AGMTPower of Attomey -Corp 1-6 -06 doc
%1 O A ,
Ci A,
CITY CLERK'S OFFICE
= MEMORANDUM
o CI
L
4r P
TO: James Cherof
City Attorney
FROM: Janet M. Prainito, MMC
City Clerk
DATE: April 17, 2013
RE: Approved by City Commission on April 2, 2013 & April 16, 2013
Attached are the documents that were approved by the City Commission at their regular
meeting held on April 2 and ApriI16, 2013. Please review, sign and return to me for further
processing. Thank you.
NO. OF DESCRIPTION
DOCUMENTS
R13 - 028 1 RFP for a three -year contract for the July 4th
Fireworks Display
R13 - 033 1 Water Service Agreement with property owners
located at 7961 Overlook Road, Lantana, Fl — Ridge
Grove Association
Attachments
S: \CC \WP \AFTER COMMISSION \City Attorney Transmittals \Year 2013 \04- 16- 13.doc
G\..
�'' CITY CLERK'S OFFICE
= MEMORANDUM
o
J �P
h TO N
TO: Lori LaVerriere
City Attorney
•
FROM: Janet M. Prainito, MM,
City Clerk '
DATE: April 18, 2013
RE: Approved by City Commission on April 2, 2013 & April 16, 2013
Attached are the documents that were approved by the City Commission at their regular
meeting held on April 2 and Apri116, 2013. Please review, sign and return to me for further
processing. Thank you.
NO. OF DESCRIPTION
DOCUMENTS
R13 - 028 1 RFP for a three -year contract for the July 4th
Fireworks Display
R13 - 033 1 Water Service Agreement with property owners
located at 7961 Overlook Road, Lantana, Fl — Ridge
Grove Association
Attachments
S: \CC \WP \AFTER COMMISSION \City Manager Transmittals \2013 \04- 16- 13.doc