Loading...
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 ". Document in Windows Internet Explorer 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 29 ' -. 30 ti 31 4t8 • 32 - e Seal) � r 33 fit 34 �•" 4 t k 35 S \C + .� s\Water Service\Reso - Ridge Grove Assn Water Service Agreement doc Document in Windows Internet Explorer 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 -7 Cot w NO �z LI 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