R13-109 , 1
1 RESOLUTION NO. R13 -109
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 ° 1 SERVICE OUTSIDE THE CITY LIMITS AND
7 ; I COVENANT FOR ANNEXATION BETWEEN THE CITY
8 � OF BOYNTON BEACH AND FLORIDA EDUCATION
9 1 PROPERTIES TOSCANA LLC; PROVIDING AN
10 EFFECTIVE 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 4945 Via Bari, Lake Worth, Florida (PCN: 00-42-45-12-00-
15 000 - 3040); and
16 WHEREAS, the parcel covered by this agreement is located in unincorporated Palm
17 Beach County portion of the City's utility service area and will be used for a pre- school; 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
29 Florida Education Properties Toscana, LLC., a copy of said Agreement is attached hereto as
\\apps3 city cbb \auto \Data \l89 \ items \181 \2633 \3452 \Reno_- _'1oscana_Water Service_Agreement doc
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1 Exhibit "A ".
2 Section 3. This Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this /lay of October, 2013.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
9
10 yor — Jerr Taylor
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12
13 tayor — Woodrow L. Hay
14 5
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16 Com 'issi•n-r / ► . ■•• T. Merker
17 18 O PP-
19 C o mmissi • er — ' ichael M. atri k
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21 i
22 Co y missioner — Joe Casello
23 ATTEST:
24
25
26 %L PL Dior,
27 i J j ► et M. Prainito % MC
rty Clerk
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30
31 "fi .�
32
33 (Corporate Seal)
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CITY CLEn' S OFFICE —
AGREEMENT FOR WATER SERVICE OUTSIDE r---=
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THEvisevagr A%5 OVENANT FOR ANNEXATION z
THIS AGREEMENT made on this 1 `h' day of September, 2013, by and between Florida
Education Properties Toscana LLC (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". m
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WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and m
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WHEREAS,Customer has requested that the City of Boynton Beach,Florida provide water
service to the property owned by Customer; and 0
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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.
rn
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
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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) :..,.
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2. The Customer and the City hereby agree that there are I Equivalent Residential
Connections which City shall service. r.
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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. n
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
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: CORPORATION AS OWNER(S):
Witness Signature Its: M AGER
BRETT FOSTER FRANK P DINO, MANAGER
Printed Witness Name Print Name and Title
fitness Si u
JEREMIAH CROKE {CORPORATE SEAL}
Printed Witness Name
AT �% o/
Secretary
DETRA CROKE
Print Name
FOR CORPORATE 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
aforesaid and in the County aforesaid to take acknowledgments,personally appeared FRANK P.DINO
as MANAGER of FLORIDA EDUCATION PROPERTIES TOSCANA LLC named in the foregoing
agreement and that he/she acknowledged executing 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 12TH day of
SEPTEMBER. 2013.
NO ARY PU
JEREMIAH CROKE
Printed Name
My Commission Expires:
.....
Jeremiah H. Croke
CO1MtSS(ON#EE157925
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S:JAN,08,2016
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4
.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
,v_
CITY OF BOYNTON BEACH, FLORIDA,
a Florida unicipal corporation
By: (,,-c. �
Lori LaVerriere,'�"'City Manager
ATTEST: W PA.;_,,,,ii.
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Cit Clerk
C,. • s._m A.„
Appro , a ,• F•
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City Attorney 0 ti ° ° � '
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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, Interim City Manager and zaryd Trai n tI-U , 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 41-0 day of
Nbt}Pm 4 o r , 2O1 .
(Notary Seal)
L —L' i Lib() -1__.1°11
Notary Public
MyCommission Expires:
ommon pres: 40::•:'!'4',, CATHERINE CHERRY-GUBERMAN
* - 4, MY COMMISSION#EE 207630
+ '' 4 EXPIRES.June 12,2016
�140,F, Bonded Thru Budget Notary Services
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, FRANK P. DINO, as Corporate Representative of FLORIDA EDUCATION
PROPERTIES TOSCANA LLC, 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.: 00-42-45-12-00-000-3040
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 12TH day of SEPTEMBER,
2013 and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 12th day of
September, in the year 2013.
Sealed and delivered in the presence of
Corporation Name: Florida Education Properties Toscana LLC
Witness Signature
BRETT FOSTER :
Print Name
Print Name and Title: FRANK P. DINO, MANAGER
Witness Sign r ATTEST
JEREMIAH CROKE
Print Name Secretary
Corporate Seal:
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 FRANK P
DINO as MANAGER of FLORIDA EDUCATION PROPERTIES TOSCANA LLC named in the
foregoing agreement and that he/she acknowledged executing 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 12TH day of
SEPTEMBER, 2013.
?GB. Jeremiah H. Croke
fla =COMMS510N#EE157925
' NOTARY PU:
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' ,`°, wNw.AARONN=mom JEREMIAH CROKE
Printed Name
My Commission Expires:
S:\CA\AGMTS\Water Service\Power of Attorney-Corp. I-6-06.doc
H:\1990\900I82.BB\.AGMT\Power of Attorney-Corp I-6-06.doc