R14-046 ww A
1 RESOLUTION NO. R14 -046
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 PHILLIP RUSSO;
9 ' PROVIDING AN EFFECTIVE DATE.
10,1
Ili!
12 WHEREAS, the subject property is located outside of the City limits, but within our
131 water and sewer service area, at 1064 Brown Road, Lantana, Florida (PCN: 00-43-45-09-04-
;
141 000- 0040); and
15 WHEREAS, the parcel covered by this agreement includes a single - family home
161 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
181 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:
231, 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 City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach. Florida and
28 Phillip Russo. a copy of said Agreement is attached hereto as Exhibit "A ".
29 Section 3. This Resolution shall become effective immediately upon passage.
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11
1 PASSED AND ADOPTED this 3 day of June, 2014.
2
3
4 VOTE CITY OF BOYNTON BEACH, FLORIDA
51 1
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811 ,' ayor - J�/ y T,:yl.
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101, AYE - .I ') P.
11 1 tk ay or - Joe Casello
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13 ' AYE h•\ &.—__
14 Como.•'., -r.. G. Id erker
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16 AYE ` �/�
17. ack K ray
18
19 AYE ;iv r
201 Commissioner - Michael M. F patr k
211 ATTEST:
7 2
231 a , •
24 * ,_
25 1 Ja • t M. Prainito, MMC
26 ' y Clerk
27
28 A
29 '
30 i, ,
31 . 1s'. ate Seal 4, .
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\ \apps3 city cbb\ auto \Data\213 \Items \204 \3017\ 3870\ Reso_- Russo_Water_ServiceAgreement doc
Water Service Agreements Outside the City of Boynton Beach Limits
(Single Family Homes)
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 1ST AND 3RD 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 Phillip Russo
Mailing Address 1064 Brown Rd. Lantana FI 33462
No. & Street City State Zip Code
Home Telephone No(561) 588 -4542 Mobile Telephone No
(561) 797 -7903
Property Information
Address 1064 Brown Rd. Lantana, FI. 33462
No. & Street City State Zip Code
C:\ Users \Elizabeth \Documents \Cover Letter - Single Family Homes 8 -22 -12 (3).doc
Return to (enclose self - addressed stamped envelope) l ills 11 ffi MN NI U1 II N I u i n i ac am
Name*
CFN 201402180:3'2
Address • OR BK 261351 PG 068'7
RECORDED 06/12/2014 11 :52:56
Palm Beach County, Florida
Sharon R. Bock, CLERK & COMPTROLLER
Pgs 0887 - 894; (8pgs)
c (c FR.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
This Agreement, made on this 12 day of May , 2014_, by and between:
Phillip Russo 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 04 000 0040
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.
Page 1 of 5
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Water Service Agreements Outside the City of Boynton Beach Limits
(Single Family Homes)
County Appraiser's Office Property Control Number (PCN) 00 43 45 09 04 000 0040
C:\ Users \Elizabeth \Documents \Cover Letter - Single Family Homes 8 -22 -12 (3).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
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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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My Commission Expires: Commission Number:
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
IN WITNESS WHEREOF, the partiys hereto have set their hands and seals this 1c day of
ILO ( , 20 ( Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDI UAL(S) AS OWNER(S):
/FirWitness Signature Owner Si ature
$ c M 0 Phillip Russo
Printed Witness Name Printed Owner Name
i...ALA cAl�� A /
Second Witt): s Signal e
l cL rY 2
Printed Witne
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 thorized in the State of�Florida and in the
County of Palm Beach to take acknowledgments, personally appeared to me h 1 (11 O £ j St
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: Ft_ L_
WITNESS my hand and official seal in the County and State last aforesaid this/ day of . f ,20 )1
(Notary Seal) PRY Pie, CATHERINE CHERRY- GUBERMAN Or
- ti .j } ` - 1 it4 I t l al
* y * MY COMMISSION # EE 207630 Not Public Si tW'e
'77 ' EXPIRES: June 12, 2016 Mitt 1 1 'Imo i ( , d ) € (• ir /
n'rF F � a a ° Bonded Thru Budget Notary " Printed Name of Notary Pu
My Commission Expires: _Ralf 1a, (MO Commission Number: G i, j20 70
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
CITY OF BOYNTON BEACH, FLORIDA
A Florida muni 'pal corporation
�
By: d ,4.. ,V --.-c-
on LaVerriere, City Manager
ATTEST: 9,----' NI' 0 p .
Clerk - I)FPG[
Approved . to Fo 1:11 rJ
roN 6�
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 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.
y(, l
WITNESS my hand and official seal in the County and State last aforesaid this C l day of.3U i€ , 2014
(Notary Seal) CATHERINE CHERRY - GUBERMAN J UJU-14W I 'I i r) EE 207630 J t ( At 0
Notary Public Signature
J
* (. MY COMMISSION * # $n
r ,r∎ ° . EXPIRES: June 12, 2016 , `
fa '/„. Bonded Thru Budget Notary Services l / 1 iti lj1-► 16 f 0.11E (f ., - (- j)P r r 1n 10 1)
Printed Notary Public Name
My Commission Expires: Stoic_ toic_ 0 Commission No. ( i <CJ?(.. )
Page 5 of 5
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cF IRREVOCABLE SPECIAL POWER OF ATTORNEY
(Individuals)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I /We, Phillip Russo, 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 -04- 000 -00 -40
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 May, 2014 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 � f, day of
, in the year 20 j(--1 .
Sealed and delivered in the presence of:
TW WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER(S):
J
/ First Witness " Signature Owner Sign ure
l r� /'Y OK4YLes j f/ /L- L //'
Printed Witness Name Printed Owner Name
•
Second Witne• Signat re
vv. > ��
Printed Witness Name
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 FOREGOING INSTR ENT was acknowledged before me a executed the same thislday of KiCiki ,
20 Iq , by Phillip 1 L�- L% and �, who are known to
me or who have produced the following as proof of identification FL L . {
(Notary Seal) PRY � CATHERINE CHERRY-MERMAN � � � „r ( LA 4 .Z .J� �-' ` `�; `
MY COMMISSION # EE 207630 Notary Public Signature
EXPIRES June 12, 2016
r):T FDF „de Banded TAN Budget Notary Services
Printed Notary Public Name
My Commission Expires: Commission No
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