R13-068 1
1 RESOLUTION NO. R13 -068
3 I 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 j
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND FENEL MENE;
9 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 1124 Peak Road, Lantana, Florida (PCN: 00-43-45-09-09-
14 000 - 2330); 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, 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 I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 1 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 I ; Section 2. The City Commission hereby authorizes and directs the City Manager
1
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Fenel
28 Mene, 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 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) =
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_ � .. , ��..,•�;_ _2rr'.� ; � e � s`amoec enve "ope` 11111111111111111111111111
adclre,s CPN 20130388100
OR BK 26293 PG 1926
RECORDED 09/03/2013 09:19:04
Pals Beach County, Florida
Sharon R. Bock, CLERK & COMPTROLLER
Pgs 1926 - 1932; (7pge)
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND IS-0(08
COVENANT FOR ANNEXATION
(Individuals)
This Agreement, made on this 4TH day of JUNE , 2013 , by and between:
FENEL MENE hereinafter called the " Owner(s),"
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- 09 -09- 000 -2330
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 1 (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.
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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
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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.
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
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this L i k- day of
tt.►\1 E , 20 1 Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: IND VIDUAL(S) AS OWNER(S):
First Witness Signature Owner Signature
ENE L /-('ENE
Printed Witness Name Printed Owner Name
Second Witness Signature
Printed Witness Name
First Witness Signature Owner Signature
Printed Witness Name Printed Owner Name
Second Witness Signature
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 authorized in the State of Florida and in the
County of Palm Beach to take acknowledgments, personally appeared to me
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 voluntarily and that the individual was personally known to me or provided the
following proof of identification:
WITNESS my hand and official seal in the • • • • - .'• thi• day of -.I LCD ,20 ("3
(Nora �rnn. �- a��an .. arr `l�_�
PRESENDIEU
Notary Public Signae re
"44 DormES tay �+ zois
r Printed Name of Notary Public
My Commission Expires: d5 I /i b Commission Number
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
CITY OF BOYNTON BEACH, FLORIDA
J ±bra A Florida mu 'cipal co oration
By. .(A-A
z on LaVerriere, City Manager
V
ATTEST
}1• k:
C y Cle
Approved as to Form -
i' Attorney
F
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 LaVernere, 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. ,}� /} i
WITNESS my hand and official seal in the County and State last aforesaid thi ! day of �i4,KIL15i" , 20 13
A
(Notary Seal) 1 i tai j it: I L.
Notary Public Signature
0 t n ('. Cry' err / - Cu r ( 11
Printed Notary Public Name
My Commission Expires. ��- a -111, i Commission No C o 7 (P 0
O,�F,RY Pa li CATHERINE CHERRY6IBERIAAN
MY COMMISS A EE
* ?r a
•
en EXPIRES: June ION t2 201 207630 6
O'
f qT 4-01,w Bonded Thu Budget Notary Semen
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IRREVOCABLE SPECIAL POWER OF ATTORNEY
(Individuals)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I /We, FENEL MENE , 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 -2330
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the _ 4TH day of
_JUNE , 2013 and the powers and authority shall be irrevocable by Grantee.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
SIGNATURE PAGE FOLLOWS
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IRREVOCABLE SPECIAL POWER OF ATTORNEY
(Individuals)
IN WITNESS WHEREOF, we have hereunto set our hands and seals this u day of
��rsz ,in the year 20 t'5.
Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: IrVIDUAL(S) AS OWNER(S):
/1 '-- / .- e C \ Cif
Fir Witness Signature Owner Signature
-t L N R E - N E
Witness N • - Printed Owner Name
111 LAI 0
S- • Tv e.s Signa
1 �.._-
• ri rs�
First Witness Signature Owner Signature
Printed Witness Name Printed Owner Name
Second Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOINGpSTRUMB,NT was acknowledged before me and executed the same this day of '1 ) 4 " . ‘ 1 2- ,
M 20 13, by rJ tit E Nk and who are known to
me or who have produced the following as proof of identification • 1
_
(Notary Sea _ . \ ��.,, �
. *F:•, Notary Public Signature
s, 11A N P9231
V MY CO:2 ;-'1 EE 15*M ' TG+ N i\J kit(
Printed Notary Public Name
My Commission Expires: 4 1 i Commission No. L £ f l n i :}
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