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R15-039 RESOLUTION R15 -039 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A LEGAL RECORDS ESCROW AGREEMENT WITH THE CLERK AND COMPTROLLER OF PALM BEACH COUNTY ESTABLISHING AN ACCOUNT IN THE AMOUNT OF $1,500 TO PAY FILING FEES FOR MUNICIPAL ORDINANCE VIOLATIONS, ANIMAL CONTROL CITATIONS AND ADMINISTRATIVE LIENS ON PARKING VIOLATIONS; 1 i' AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN 1 THE ESCROW AGREEMENT AND REQUIRED DOCUMENTS; 1 AND PROVIDING AN EFFECTIVE DATE. 1 1 WHEREAS, the Boynton Beach Police Department currently pays filing fees for City 1 Ordinance Violations, Animal Control Citations and Administrative Liens on Parking 1: violations which range from $40 to $110 out of petty cash; and 1 WHEREAS, the Clerk of Courts has established escrow accounts which enable Cities 1: to fund at a predetermined amount in order to use each time staff files violations, liens or other 1 documents which require filing fees; and 21 WHEREAS, once the account has been depleted to a predetermined level, the Police 2 Department will provide the appropriate corresponding receipts and request a check from 2 Finance to replenish the account; and 2 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 2' of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 25 Beach to approve the Legal Records Escrow Agreement with the Clerk and Comptroller of 2: Palm Beach County to establish an account for the Police Department to use when filing fees 2 are required for such items as City Ordinance Violations, Animal Control Citations and 2: Administrative Liens on Parking violations and authorizes the City Manager or designee to sign 2' the Escrow Agreement and required documents. C:\ Users\ prainitoj \AppData\Local\Microsoft\Windows \Temporary Internet Fil es\ Content. IE5\ D5LHXTO8\A pprove _Escrow_Agreement_with_Clerk_of Court_ - _Reso.docApprove Escrow Agreement with Clerk of Court NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves the Legal Records Escrow Agreement with the Clerk and Comptroller of Palm Beach County to establish an account for the Police Department to use when filing fees are required for such items as City Ordinance • Violations, Animal Control Citations and Administrative Liens on Parking violations and 11 authorizes the City Manager or designee to sign the Escrow Agreement and required 1 documents, a copy of said Escrow Agreement is attached hereto and made a part here as 1 • Exhibit "A ". 1 Section 3. That this Resolution shall become effective immediately upon passage. 1- PASSED AND ADOPTED this 21 day of April, 2015. 1 - CITY OF BOYNTON BEACH, FLORIDA 1: 1 YES NO : 1 • Mayor — Jerry Taylor 21 2 Vice Mayor — Joe Casello La 2. 2 Commissioner - David T. Merker ✓ 2 2 - Commissioner - Mack McCray 2: 2 Commissioner - Michael M. Fitzpatrick ✓ 2: 2• 3 VOTE S-O 3 C:\ Users\ prainitoj \AppData\Local\Microsoft\Windows \Temporary Internet Files \Content.IE5\D5LHXT08\ Approve _Escrow_Agreement_with_Clerk of Court_ - _Reso.docApprove Escrow Agreement with Clerk of Court ATTEST: 4110 -t M. Prainito, MMC ity Clerk • G X , 1 . orate Sea 4 C:\ Users\ prainitoj \AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.1E5\D5LHXTO8\ Approve _Escrow_Agreement_with_Clerk_of Court_ - _Reso.docApprove Escrow Agreement with Clerk of Court # /3 R 15 -039 LEGAL RECORDS ESCROW AGREEMENT THIS ESCROW AGREEMENT (the "Agreement "), dated , is made between SHARON R. BOCK, Clerk and Comptroller of Palm Beach County, (the "Clerk ") and City of Boynton Beach (the "Customer "). WHEREAS, the Clerk provides various services for fees and costs as prescribed by Florida Statute; WHEREAS, the Customer and the customer's employees and /or agents require the services of the Clerk's office; and WHEREAS, the Customer and Clerk have sought an efficient and effective means of obtaining such services; NOW, THEREFORE, the Clerk and the Customer agree as follows: 1. A non - interest bearing escrow account shall be established for payment of charges, costs and fees incurred by Customer. 2. The Customer shall deposit funds into the escrow account to be drawn upon by the p p Y Customer's Authorized Users for payment of Clerk's fees, charges and costs. 3. An executed Agreement with a User Authorization/Change Form (Exhibit "A" attached g g ( hereto) and the initial escrow deposit must be submitted to the Clerk's office in order to establish an account. The Clerk shall notify the Customer of the establishment and availability of the escrow account by written transmittal of the escrow account number to the Customer's address as indicated in this Agreement. 4. The Customer shall designate a Principal Agency Representative and an Alternate Agency Representative. The Agency Head as well as the Principal and the Alternate Agency Representatives shall be responsible for establishing and maintaining the list of "Authorized Users." Authorized Users are persons designated and specifically authorized by the Customer to use the escrow account. The Customer, through the Agency Head, Principal or Alternate Agency Representative, may designate up to (5) five Authorized Users by completing the User Authorization/Change Form (attached hereto as Exhibit "A "). 5. It is the Customer's sole responsibility to maintain the privacy of the assigned escrow account assigned to the Customer. The Clerk is not responsible for any unauthorized usage of the escrow account. It is the Customer's sole responsibility to notify the Clerk of any modification to the list of Authorized Users by sending a written request to the Clerk using the User Authorization /Change Form attached hereto as Exhibit "A." The Form must be signed by the Agency Head, Principal or Alternate Agency Representative. A written confirmation of modification will be sent to Customer upon update of the authorized users list. The modification is not complete until the Customer receives the 1 written confirmation. The Customer may call the Clerk to obtain expedited confirmation as appropriate. 6. All escrow transactions require a completed Transaction Request Form. The Transaction Request Form shall be submitted to the appropriate Clerk department for processing. 7. The Customer shall designate a minimum escrow account balance. The Clerk will send a written notification to the Customer, at the address indicated herein, if the Customer's account is equal to or less than 5300.00 . The escrow account may be replenished at any time with a deposit by cash, check or money order. The Customer may mail or deliver the deposit to the Accounting Department or the appropriate operational department. The Customer will receive monthly escrow account activity statements. 8. The Customer shall maintain adequate funds in its escrow account to ensure timely processing of service transactions. If the Customer's escrow account balance is insufficient to process a transaction request, the Customer will be notified and the transaction request will not be completed until sufficient funds are received. 9. If the Customer desires to close its escrow account, the Customer must provide written notice to the Clerk signed by the Agency Head, Principal or Alternate Agency Representative. The notice must indicate the Customer name and the escrow account number to be closed. Upon receipt of such notice, the Clerk will close the escrow account and forward any remaining balance in the escrow account to the Customer. 10. The Clerk retains the right to close any escrow account at any time in its sole discretion. The customer shall be given at least 14 days written notice of closing. Upon closing, any remaining balance in the escrow account will be returned to the customer at the address listed herein. 11. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 12. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the Clerk shall be entitled to recover reasonable attorney's fees, court costs (including, without limitation, all such fees, costs and expenses incident to appeals), and all expenses (including taxes), even if not taxable as court costs, incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. Venue for such action will be Palm Beach County, Florida. 2 13. The Clerk and the Customer agree by mutual consent to use Alternative Dispute Resolution (ADR) to resolve all issues in controversy under this Agreement prior to proceeding with any formal litigation. If either party refuses an offer for ADR, that party shall inform the other party in writing of the reason(s) for such refusal. If ADR is used, an agreement should be reached by the parties on the alternative procedures and terms to be used in lieu of formal litigation and participation in the process shall include officials of both parties who have the authority to resolve the issue in controversy. • 14. The Customer is aware that this agreement and any subsequent transaction request(s) is subject to Florida Statutes Chapter 119 (Florida's Public Records Act). 15. The Clerk and the Customer agree that this Agreement sets forth the entire agreement between the Clerk and the Customer, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by both the Clerk and the Customer. AGENCY NAME '70 6 /05 BY: Lori La.Vex•rfere., Manager 7 ^ LrA'<dce Agency Head §ignature Date 100 E. Boynton Beach Blvd. [Address] Boynton Beach, FL 33435 (561) 742 -6010 [Phone Number] Send all notifications to Clerk at: SHARON R. BOCK, Clerk and Comptroller CLERK AND COMPTROLLER Recording Department PO ' 205 North Dixie Hwy., Room 4.25 BY: ;`,� �J �-� �-- West Palm Beach, FL 33402 Attn: Records & Escrow Specialist DEP TY CLERK h, (561) 355 -2048 3 EXHIBIT "A" DESIGNATION OF PRINCIPAL AND ALTERNATE AGENCY REPRESENTATIVE The undersigned customer, City of Boynton Beach [Print Name of Agency] by and through its Agency Head, hereby designates the following persons as authorized Agency Representatives: Principal Authorized Representative Tim W. Howard, Director of Financial Services Print Name of Principal Representative Alternate Authorized Representative Kelly Harris, Major - Police Department Print Name of Alternate Authorized Representative Done and executed this 4th day of May , 2015 . Lori LaVerriere, City Manager er � Agency Head Printed Name 64 ` Agency Head Signature 4 The City of Boynton Beach 1 Finance /Procurement Services 100 E. Boynton Beach Boulevard �j = P.O. Box 310 c Boynton Beach, Florida 33425 -0310 Telephone No: (561) 742 -6310 FAX: (561) 742 -6316 May 26, 2015 Clerk and Comptroller Recording Department 205 North Dixie Highway, Room 4.25 West Palm Beach, FL 33402 ATTN: Ms. Julia Boyd RE: NEW ESCROW AGREEMENT BETWEEN THE "CLERK" AND THE CITY OF BOYNTON BEACH Dear Ms. Boyd: Enclosed is check no. 246783 in the amount of $1,500.00 to open a new Escrow Account for the City of Boynton Beach Police Department. Please return a fully executed copy of the Escrow Agreement to me with the Escrow number and transmittal forms to be used. Thank you for all your help with this matter and please do not hesitate to contact me at (561) 742 -6310 if you have any questions. Sincerely, Tim W. Howard Director of Financial Services Enclosure: Check no. 246783 c: Kelly Harris, Major, Police Department Central File File I America's Gateway to the Gulfstream • The City of Boynton Beach Finance /Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 `- Telephone No: (561) 742 -6310 FAX: (561) 742 -6316 May 4, 2015 Clerk and Comptroller Recording Department 205 North Dixie Highway, Room 4.25 West Palm Beach, FL 33402 ATTN: Ms. Julia Boyd RE: ESCROW AGREEMENT BETWEEN THE "CLERK" AND THE CITY OF BOYNTON BEACH Dear Ms. Boyd: Enclosed is the "Escrow Agreement" between Sharon R. Bock, Clerk and Comptroller of PBC, and the City of Boynton Beach. This Agreement has been signed by our City Manager, Lori LaVerriere and approved by the City Commission on April 21, 2015. Resolution R15 -039 is enclosed for your files. Please return a fully executed copy of this Agreement to me with the Escrow number and transmittal forms to be used. We will send a check for the Escrow Account upon the receipt of the Escrow number. Thank you for your help with this matter and please do not hesitate to contact me at (561) 742 -6310 if you have any questions. Sincerely, 1 Tim W. Howard Director of Financial Services Enclosures: R15 -039, Original Escrow Agreement c: Kelly Harris, Major, Police Department Central File File America's Gateway to the Gulfstream Sharon R. Bock Palm Beach County Clerk & Comptroller 205 North Dixie Highway West Palm Beach, Florida Main Office Recording 561 - 355 -2992 DATE:06 /01/2015 TIME :11:16:52 AM RECEIPT: 4558912 CITY OF BOYNTON BEACH ITEM -01 FILE:1399 INCREASE ESCROW 1,500.00 Sub. Total 1,500.00 AMOUNT DUE: $1,500.00 PAID CHECK: $1,500.00 Check #:246783 $1,500.00 TOTAL PAID: $1,500.00 REC BY :LGONZALEZ1 DEPUTY CLERK www.mypalmbeachclerk.com /survey • s0-' { 1 RECORDING TRANSMITTAL — PALM BEACH 4 1 , . , SHARON R. BOCK �' Clerk & Cmt pmk I' P Beac Cou lnt .r / J (% To Sharon R. Bock Date ESCROW ACCOUNT # Clerk 8, Comptroller, Palm Beach County For Express Mailings: From: RECORDING DEPT. — ROOM 4.25 205 N. Dixie Hwy West Palm Beach, FL 33401 For 1st Class Mailings: Contact: P.O. Box 4177 RECORDING DEPT — ROOM 4.25 Phone: ( ) - West Palm Beach, FL 33402 Phone' (561) 355 -2991 Re: File # Website: www.mypalmbeachclerk.com RECORDING FEES $10.00 = Recording fee 1st page $ 8.50 = Recording fee each additional page to a document $ 1.00 = Indexing fee for each grantor and grantee name for the 5th name and above (First 4 party names are not charged.) • 60¢ = Abstract fee for 1st and .600 for 2nd legal description. .200 each thereafter. $ 2.00 = Search fee due when only a book /page or CFN is given and the property's legal description does not appear on the document. The abstract fee is also due when there is a search fee. Please never send cash by mall. STATE DOCUMENTARY STAMP AND NON - RECURRING INTANGIBLE TAX Deeds: Doc Stamps are due on all conveyance documents at a rate of .70¢ per $100 or fraction thereof of the consideration. Corrective deeds or no consideration deeds require the minimum .70¢ stamp. If no money is changing hands, default to the amount of any existing obligations in relation to the percentage of beneficial interest being conveyed. Mortgages: Doc Stamps are due on all obligations to pay money at a rate of .35¢ per $100 or fraction thereof on the new money amount. If the obligation is secured by real property, intangible tax is due at a rate of .002 for each $1 consideration. ' For more detailed information on state documentary stamp or intangible taxes, please contact the Florida Department of Revenue at (850) 617 -8346 or (800) 352 -3671, or you may visit their website: http: / /dor.myflorida.com /dor/ Please record the following documents IN THE EXACT ORDER AS PRESENTED: Number of (see fee chart above): Taxable Taxable Document Title / Subtotal Per Documents Documents Document Total Description L .._ _ ___��.. Document Pages Names Abstracts Searches Consideration Tax Due $ $ $ $ $ $ $ $ _ $ $ $ $ $ $ $ $ $ $ � a $ $ $ $ $ Please make the appropriate selections: Escrow Customer Non - Escrow Customer ❑ Overage /Shortage will be ❑ Shortages of any amount are returned Total Fees: $ credited /debited from account. UNRECORDED for correction Return documents via: ❑ S.A S.E ❑ Will -Call Box # El Other: Provided ( *Required for retum by mail) Special Instructions: Please be sure to enter your escrow account number at the top -right of this form. If you do not have an escrow account number, leave it blank. Revised 7/17/13