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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. \ \apps3 city cbb\ auto \Data\213 \ Items \204 \3(117 \3870 \Reso - Russo Water Service_Agreement doe 11 1 PASSED AND ADOPTED this 3 day of June, 2014. 2 3 4 VOTE CITY OF BOYNTON BEACH, FLORIDA 51 1 61 f- 71 1 AYE , - r "‘ - ' i Z ---- - 811 ,' ayor - J�/ y T,:yl. 91' 101, AYE - .I ') P. 11 1 tk ay or - Joe Casello 12 13 ' AYE h•\ &.—__ 14 Como.•'., -r.. G. Id erker 15 / / 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, . d I 1 O: N °` � I I1 4 � 1 I i \ \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 C: \Users \Elizabeth \Documents \WSA (Individual) 8 -22 -12 (3).doc 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 C: \Users \Elizabeth \Documents \WSA (Individual) 8 -22 -12 (3).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 C: \Users \Elizabeth \Documents \WSA (Individual) 8 -22 -12 (3).doc My Commission Expires: Commission Number: Page 4 of 5 C: \Users \Elizabeth \Documents \WSA (Individual) 8 -22 -12 (3).doc 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 Page 4 of 5 C: \Users \Elizabeth \Documents \WSA (Individual) 8 -22 -12 (3).doc 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 C: \Users \Elizabeth \Documents \WSA (Individual) 8 -22 -12 (3).doc 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 Page 1 of 2 S \Customer Relations\FORMS \Water Service Agreements Tower of Attorney (Individual) 8 -22 -12 (3) doc 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 Page 2 of 2 S: \Customer Relations\FORMS \Water Service Agreements \Power of Attorney (Individual) 8 -22 -12 (3) doc