R15-058 1 RESOLUTION NO. R15 -058
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 CITY MANAGER TO SIGN AN AGREEMENT FOR
6 WATER SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND FRANCIS ALEXANDER
9 AND PAMELA ALEXANDER; PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, at 10329 Prestwick Road, Boynton Beach, Florida (PCN: 00-
15 42- 45- 25 -03- 000 - 0360); and
16 WHEREAS, the parcel covered by this agreement is currently vacant and in the
17 process of developing a single - family home located in unincorporated Palm Beach County
18 portion of the City's utility service area; and
19 WHEREAS, the owner 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 sign a Water Service Agreement between the City of Boynton Beach, Florida and
29 FRANCIS ALEXANDER and PAMELA ALEXANDER a copy of said Agreement is
S: \CC\WP\Resolutions\2015\R15-058_- Alexander_Water_Service_Agreement.doc
1 attached hereto as Exhibit "A ".
2 Section 3. This Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this r day of June, 2015.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7 YES NO
8
9 Mayor — Jerry Taylor ✓
10
11 Vice Mayor — Joe Casello
12
13 Commissioner — David T. Merker ✓
14
15 Commissioner — Mack McCray ✓
16
17 Commissioner — Michael M. Fitzpatrick ✓
18
19 _
20 VOTE 5 -
21
22 ATTEST:
23
24 ,
25 �. : ' t _ y
26 Jan- t M. Prainito, MMC
27 'rty Clerk
28
29
30 am
31 • r t f eal)
32
• t A'
• �
S: \CC\WP\Resolutions \2015a15-058_- Alexander_Water_Service_Agreement.doc
Return to: (enclose self- addressed stamped envelope) lift 111 It I11111 11 1 111E 1111 1 1111111 i1 I Ilt
Name: fl q
CFN 20150230368
Address: OR PK 27619 PG 1032
RECORDED 06/22/2015 11:07:31
Palm Beach County, Florida
Sharon R. Bock,CLERK & COHPTROLLER
Pgs 1032 - 1038; (7pgs)
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS -{
N O
AND �
COVENANT FOR ANNEXATION -
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This Agreement, made on this �� �� day of ma , 2015 , by and between:
�Ct n c 5 ? C C1(e ek 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) Qn ` q5 - as-03- 0 00 -
v 366
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 I (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.
IS - 05g
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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.
0
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
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the event there is a reduction, impairment or termination of water service due to acts of God,
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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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this '� day of
Allay , 205 . Sealed and delivered in the presence of:
T O
WITNESSE to each Owner: INDIVIDUAL(S) AS OWNER(S):
LA
Fir t Witness Si O ner Si ature
&g Q m S . r= I -C x. c,t k.t
Printed Witness Name / Printed Owner Name
�IL
econd /I itness i . , ature
�•tJ:`C�' u i I C�
P nted Witness'ar6e
• ate_
w er Si atu re
Firs Witness Stgnre O gn )c
Printer Witness Name Printed Owner Name
'i.
At IaZ
Secon a Witne : S' : attire
t I A. •
Printed Witness' . • e
FOR OWNER(S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State ofFlori and in the
County of Palm Beach to take acknowledgments, personally appeared to me /Acts t ?471 ti 6) A e l-c Di-
as the Owner(s) named in the foregoing Agreement and that he /she acknowledged executing the same m 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:
WITNESS my hand and official seal in the Coun and tate last aforesaid this " / day of Act ,2OJ
SA JLG 0 �
(Notary S _t' ,� MY COMMISSION # FF FF 118613 'I`
EXPIRES: May 1, 2018 Notary PMic Sign ture
••; ¶ q`:° Bonded ihni Notary Pubic Underwriters CAI
Printed Name of Notary Public
My Commission Expires: i' l ! a I S} t 2 10 Commission Number: 1 C I 3
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
•
CITY OF BOYNTON BEACH, FLORIDA
A Florida m icipal corporation
By: �h—
Lori LaVerriere, City Manager
ATTEST:
y Clerk --- 1)941 ...
Approve. as to ' orm:
414 /
City orney
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, 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.
WITNESS my hand and official seal in the County and State last aforesaid this / day of .i ' , 20 15
tNotcirf F.�al) /ice/ ii<_ i _/L
Ra!" TAMMY L STANZIONE Notary Public Si?" . ture
MY COMMISSION # FF213683 OA-n-1 ,n 1 ��
. 4! EXPIRES March 25. 2019 ,‘ L. (J`n ` %Q h�
40 7 r 398 -0'53 rgrW«r.1o: «rys0.,. Printed Notary Puha Name
My Commission Expires: 3- .25- /9 Commission No. \ 3
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody and Ezrol. P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ?aJ111 lea
UW e, Av -rn « /1, , 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 `_y x-1-15 - ZS -- 03-00 - 036
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 1" day of
4 r 10ty , 20 15 and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the /' day of
A in the year 2015.
Sealed and delivered in the presence of , f
Witne s.S,,igatu O , er Sig ature -.
a/72-ei 3, et° )(0.7c/r-/-
Prin ame Print Name
\ 414
k
Witness Sign,'
+�, J,1 t, <\M
P ' Name 1
Witness Signature Owner Signature
Print ame Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this / 1-'1 day of
20 5' , by 'ere/ AC.« ,— and `'
to A ( /r- , who are known to me, or who have produced
, as identification - d w o • 'd/did not take an oath.
t 4 ` 1,
'•"'•,. GRETA PASSON . NO • ' PU I
■ MY COMMISSION it FF 118613 ` l 0 11(7 S j yt
p
EXPIRES: May 1, 2018 f
"Ail; : :: Bonded Thru Notary Pudic Undeiwrders Type or Print Name
Commission No. 1 I S 6 13
My Commission Expires: M al-1420 ff
S: \CA \AGMTS \Water Service \power of atty.doc — 1 -6 -06
H: \1990\ 900182.BB \AGMT\Power of Attorney -Ind 1- 6- 06.doc