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.
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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
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Court
ATTEST:
4110
-t M. Prainito, MMC
ity Clerk
• G X ,
1 . orate Sea 4
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# /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