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R14-035 1 RESOLUTION NO. R14 -035 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 HAITIAN BETHEL 9 BAPTIST CHURCH, INC; PROVIDING AN EFFECTIVE 10 DATE. 11 1' 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, at 7501 High Ridge Road, Hyoluxo, Florida (PCN: 00- 43 -45- 15 08 -01- 000 - 0210); 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 as a church; 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 Haitian Bethel Baptist Church, Inc., a copy of said Agreement is attached hereto as Exhibit I \ \apps3 city cbb \auto\Data\211 \Items \202\2985 \3798U2eso - Haitian Bethel Baptist Church Water Service Agreement doc i 4, (6 / /y Page 1 of 2 �� L PAPA �" � � � p Pu blic Access N... # °, {. C V C Location Address 1 5 , , ,2- - • '' i t. , ** , 6 Municipality \ , .1 • 'L- 1 Parcel Control Number le I Subdivisior "H. / �((' -' 1�," // Official Records Bool 1 c 4&,. r' Sale Date DEC -1993 Legal Description HIGH RIDGE SUB LTS 21 & 22 (LESS E 15 FT HIGH RIDGE RD R /W) Mailing address Owners 7501 HIGH RIDGE RD HAITIAN BETHEL BAPTIST CHURCH INC LAKE WORTH FL 33426 9319 Sales Date Price OR Book /Page Sale Type Owner DEC -1993 5135,000 08014 / 1216 WARRANTY DEED HAITIAN BETHEL BAPTIST CHURCH INC Exemption Applicant /Owner Year Detail HAITIAN BETHEL BAPTIST CHURCH INC 2014 FULL RELIGIOUS ORGANIZATIONS *Total Square Number of Units 0 2490 Acres 1.8782 Feet RS - Single Family Residential ( 00- Use Code 7100 - RELIGIOUS Zoning UNINCORPORATED ) Tax Year 2013 2012 2011 Improvement Value $49,030 547,780 566,670 I Land Value 5209,154 $209,154 $209,154 Total Market Value $258,184 $256,934 $275,824 All values are as of January 1st each year Tax Year 2013 2012 2011 Assessed Value $258,184 5256,934 5243,129 f I Exemption Amount 5258,184 5256,934 5243,129 Taxable Value 50 50 50 Tax Year 2013 2012 2011 Ad Valorem 50 50 50 I a Non Ad Valorem $414 $414 5415 ' http: / /www.co.palm- beach.fl.us /papa/ Asps / PropertyDetail /PropertyDetail.aspx?parcel= 004... 3/24/2014 HAITIAN BETHEL BAPTIST CHURCH, INC. DIRECTORS' WRITTEN CONSENT TO ACTION Under F.S. 607.0821, the undersigned, being all of the members of the Board of Directors of HAITIAN BETHEL BAPTIST CHURCH, INC. (the "Company "), hereby consent to and approve the following action: Jean Bilbalo Joint is hereby authorized to obtain all permits necessary to accomplish the church's construction projects in the City of Boynton Beach, Palm Beach County, Florida IN WITNESS WHEREOF, the undersigned, constituting all of the members of the Board of Directors of the Company, have executed this written consent to action on January 1, 2014. ;/ Rev. J' an Bilblo Joint, Pastor 1 Director _c.� Leon Lecler. Director Francoise l i.pt, Director �r F a klin Dallien. r ;`ector I ainartine Dort, Director I AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this 16 day of February, 2014, by and between Haitian Bethel Baptist Church, 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 Return to. (enclose self - addressed stamped envelope) 1 HHill11111 1EIN IIIIII 1 1IILJ1 p t Name. ��NN CFN 2014021805 Address' OR BK 25851 PG 086 RECORDED 06 /12/2014 11:51 :07 Palm Beach County, Florida Sharon R. Bock, CLERK & COMPTROLLER Pgs 0862 - 868; (7pgs) S ,.. AGREEMENT FOR WATER SERVICE OUTSIDE t- — Q\ THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this 16 day of February, 2014, by and between Haitian Bethel Baptist Church, 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 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, 2 3 ,, lw.�,,,,,, 111 uctllu Milt viu . i2u sGa1 in the uounry anct state last aforesaid this 1(0' day of TcOgit oky ,200_q_. . el ti P RIIOE NOTARY PUBL e,"� MY CUMMISSIOIV o 037 � t i x : FXPIFiF� M t n h a r E E 2R 2 0 4 8 8 1 4 Al, Ii /i . P J I A' A V AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND Haitian Bethel Baptist Church Inc., (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA, a Florida m cipal corporation B Lori LaVerriere, City Manager ATTEST: r .V7) - 191-Cit-4;14.4) Y 0 A., Cit Clerk ''+ V " �rw Approved s to orm: 5,- PTO N City Attorney 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 fake cknowledgments, personally appeared Lori LaVerriere, City Manager and jtn &f Y Ind! 11(-16 , 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 - 9K day of �1, , 201 "f . (Notary Seal) o� "R;PbB CAIHERINECHERRY-GUBEAMAN * ` ya * MY COMMISSION A EE 207630 ( r (1 (11 O) itkd - a �� amr" EXPIRES, June 12, 2016 4rpor,L f Banded Thtu Budget Nattily Smits Notary Public My Commission Expires: (L -1,3 —( IG 5 I 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, Jean Bilbalo, as Corporate Representative of Haitian Bethel Baptist Church, 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- 08 -01- 000 -0210 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the /`` day of fr' ,'-u rrt /2 , 20 / y and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the /4 day of r -( i2t,t /162y , in the year 20 /' . Sealed and delivered in the presence of f Corporation Name: Pa ti bk, ko I 6 f 15 fitness Signature ,� ( h c� te0 el'/ `4/g By: Print Name Print Name and Title: 6 11 �- O J T r, 9 fA5`� Witness Signature ATTEST Print Name Secretary Corporate Seal: STATE OF (,(1 ( 0 a- SS: COUNTY OF 5eac h ) 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 \.Jean L)r) II1 .f ?)(, as '/),-/ /ok of (' fry;KA I 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 ) (o day of re - 2 ( ,20 pggpPHM/CE NO 7' Y PUBLI AAv COMMISSION* C c EE 488 Iii C t N e c r 1 EI f4r IJct 2s 2ota -4 4:41t: e +� y P ue1� Underwriters Name My Commission Expires: C : \Users\flori_000\Downloads\Power of Attomey -Corp 1- 6- 06.doc C. \Users\flon 000\Downloads\Power of Attorney -Corp 1-&06 doc