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R13-069
1 1 RESOLUTION NO. R13 -069 2 3 I ; A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 i FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 I COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND SASHI L. MAHARAJ AND 9 SHEERIN M. MAHARAJ; PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, at 3695 Edgar Avenue, Boynton Beach, Florida (PCN: 00 -43- 15 45- 19 -02- 004 - 0132); and 16 WHEREAS, the parcel covered by this agreement includes a single - family home 17 located in unincorporated Palm Beach County portion of the City's utility service area; and 18 WHEREAS, the property historically receives water from a well and the owner now 19 requests that the City provide potable water in the future; 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 1. 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 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 Sashi 29 L. Maharaj and Sheerin M. Maharaj, a copy of said Agreement is attached hereto as Exhibit \ \apps3 city cbb\ auto\ Data \182\ Items\ 174\ 2521\ 3297\ Reso_- Maharat_Water_Service_Agreement doc 1 Section 3. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this 6 day of August, 2013. 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 g M or —Jerry aylor 10 11 % 12 Vce Mayor — W • • • row . Hay 13 14 15 Commissioner Davis T. Merker 16 17 18 Climmissio e — i ael M. Fitz p : trick 19 20 21 Coo missioner — Joe Casello 22 ATTEST: 23 24 25 !_ 2. et M. Prainito, MMC 27 ity Clerk 28• 29 30 �� 31 �a 7 32 (Corporate Seal) = Is, apps3 city cbb\ auto\ Data \182 \Items \174\2521\ 3294\ Reso _- Mene_Water_Service_Agreement doc ';e`urn "o fenc'ose se"- accrescec s`ampec envelope` 111111111111111111111111 varrie Address CFN 20130368099 OR BK 26293 PG 1919 RECORDED 09/03/2013 09:19:04 Pala Beach County, Florida Sharon R. Bock, CLERK & CONPTROLLER Pgs 1919 - 1925; (7pgs) AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND R, s COVENANT FOR ANNEXATION (Individuals) This Agreement, made on this 13T : of JUNE , 2013 , by and between: inafter called the "Owner(s)," SHEERIN M MAHAEAJ &__SASHZ MAHARAJ - and THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City." WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water service from the City Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows: 1. Owner(s) represents and covenants that it owns the following described real property (hereinafter "Property ") located outside the boundaries of the City, but in the City's water and wastewater service area: County Property Appraiser's Property Control Number (PCN) 00 43 45 19 02 004-0132 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 property other than the Property described in paragraph 1 above, unless written permission is granted by the City of Boynton Beach. 4. The Property requires I'S (specify number) Equivalent Residential Connection(s). 5. 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 Owner(s)'s Property. 6. The Owner(s) shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed contractor to perform the necessary work or (b) 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. Page 1 of 5 G: \Water Service Agreements \WSA (Individual) 8- 22- 12.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) 8. Any water main extension made under the Agreement shall be used only for Property of 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 Ordinances and regulations of Boynton Beach. 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 unless otherwise conveyed or abandoned to the property owner. 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 Code of 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 base facility and 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 or her 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 Property. 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 eligible under any one or more of the above - referenced laws concerning annexation. Owner(s) will inform any and all purchasers of this property of this voluntary Petition for Annexation and its applicabilities to such purchasers. 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. 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 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, Page 2 of 5 G: \Water Service Agreements \WSA (Individual) 8- 22- 12.doc accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties, or other circumstances beyond the City's reasonable control. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) 17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, 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 Owner(s)'s obligation under or performance pursuant to this Agreement, including disputes for breach of warranty of title. 18. 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. 19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial title to the Property which is the subject of this Agreement. 20. 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. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) TWO (2) SIGNATURE PAGES FOLLOW Page 3 of 5 G: \Water Service Agreements \WSA (Individual) 8- 22- 12.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) IN W j u/,4 TNESS WHEREOF, the parties hereto have set their hands and seals this / 31-1 day of , 20 13 . Sealed and delivered in the presence of: TWO WITNESSES as to each Owner: INDIVID AL(S) AS OWNER(S): / 0,:),....cti-------- IP First Witness Signa e Own Signature —rers Ina., S/3 1f/ "-j '911,41 l9-d Printed Witness Name Printed Owner Name ra,nare -k M cr tor Second Witness Signature Find re. 1✓"1ccIQiy Printed Witness Name " First Witness Signat Printed e Owner Signature I c' m kl.C..A. Witness Name Printed Owner Name terndre,►✓rIcc Cory Second Witness Signature — nd r_ e v c a_o_ty Printed Witness Name FOR OWNER(S) NOTARIZATION. STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly uthorized in the State of Florida and in the. County of Palm Beach to take acknowledgments, personally appeared to me .Sh i L. + , Shee ( i n 1'1 ah c. (ad as the Owner(s) named in the foregoing Agreement and that he /she acknowledged executing the same in the presence of two subscribing witnesses freely and vgl and that the individual was personally known to me or provided the following proof of identification: F L L)( V'f AS Jo Ce l se . oil WITNESS my hand and official seal in the Coun and State last aforesaid this 0 day of Li e ,20 G. " r al r �.+ VIVIAN E. CONSOLE 1,' v Lt/ re MY CO MMISSION 4 FF 012449 -,�, I V.-,,,; , a No ary Public S' EXPIRES: May 15, 2017 ` / j a / t / u re '` Rb,t��'', Bonded TM �/ u Notary Public Undenrndeers I V I Cn-i i _ ` ©0 so Le Printed Name of Notary Public My Commission Expires: Ala 15 I v).-O 1 7 Commission Number: F 1" O / a 4 4 4- 1 Page 4 of 5 G: \Water Service Agreements \WSA (Individual) 8-22-12.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) CITY OF BOYNTON BEACH, FLORIDA '-' �' A Florida m icipal corporation t ie a,k�_' By: ,mac Lori LaVerriere, City Manager 6, ATTEST: i0 tin • Jerk Approved as to Form: Ci Attorney l j ( r4- -/ STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, Interim City Manager and Janet Prainito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City 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�74day of 4Ug45 - , 20 (�? (Notary Seal) �1 - i . ' . _ 1 t - I.0 Yc n Jtiralt, . Notary Public Signature 4 hrrrl " r2 Printed Notary Public Name My Commission Expires: W - 0* Commission No. ,)U 7 0 - O _ CATHERINE CHERRY- GUBERMAN * * MY COMMISSION it EE 207630 1,4 EXPIRES June 12, 2016 '' ' a JFOF Fv0< °e Bonded Thru Budget Notary Services Page 5 of 5 G: \Water Service Agreements \WSA (Individual) 8- 22- 12.doc . IRREVOCABLE SPECIAL POWER OF ATTORNEY (Individuals) STATE OF FLORIDA COUNTY OF PALM BEACH S M MAHARAJ Me, s„ SASHI hereinafter "Grantee ", hereby make, SASHI MAHARAJ , 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.: 00 43 45 19 02 004 -0132 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 13th day of 1 une , 20 13 and the powers and authority shall be irrevocable by Grantee. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) SIGNATURE PAGE FOLLOWS Page 1 of 2 G: \Water Service Agreements\Power of Attorney (Individual) 8- 22- 12.doc IRREVOCABLE SPECIAL POWER OF ATTORNEY (Individuals) cif IN WITNESS WHEREOF, we have hereunto set our hands and seals this / day of , in the year 20 Sealed and delivered in the presence of: TWO WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER(S): b &N.",91^-cA-4 First Witness Signat Owne 'gn ure Printed Witness Name Printed Owner Name F} nc3rzc✓ ricc l *N Second Witness Signature Printed Witness Name • First Witness Signature Owner Signature ,S � /-�- 4A-1 Printed Witness Name Printed Owner Name r t re ' +McCIO" Second Witness Signature IgA r Ict/ MOCAo r y Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) 7tt THE FOREGOING INSTRUMENT was acknowledged before me and executed the same this of ��tn e , 20 13 , by S OcSh + fe(i ✓1 / h ct- xG and who are known to me or who have produced the following as proo f identification FC D(, V-e t S L, C I s< ( f) E CSO� �r �� LC1 V 4 MY C OMMISSION # FF 012449 EXPIRES: May 15, 2017 Notary Public SiOnature Tilt, Bonded Thru Notary Public Underymtere Printed Notary Public Name My Commission Expires. Maxi ) 0.0 I') Commission No. t 0 a y Page 2 of 2 G: \Water Service Agreements\Power of Attorney (Individual) 8- 22- 12.doc