R15-060 1 RESOLUTION NO. R15 -060
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 CARMEN MERCADO AND
9 SAMUEL MERCADO; PROVIDING AN EFFECTIVE
10 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 7560 High Ridge Road, Lantana, Florida (PCN: 00- 43- 45 -09-
15 00 000 - 7020); and
16 WHEREAS, the parcel covered by this agreement is a single - family home located in
17 unincorporated Palm Beach County portion of the City's utility service area; and
18 WHEREAS, the property historically receives water from a well and the owner
19 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 Carmen
29 Mercado and Samuel Mercado a copy of said Agreement is attached hereto as Exhibit "A ".
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1 Section 3. This Resolution shall become effective immediately upon passage.
2 PASSED AND ADOPTED this 2 day of June, 2015.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6 YES NO
7
8 Mayor — Jerry Taylor
9
10 Vice Mayor — Joe Casello
11
12 Commissioner — David T. Merker ✓
13
14 Commissioner — Mack McCray ✓
15
16 Commissioner — Michael M. Fitzpatrick
17
18
19 VOTE 5-0
20
21 ATTEST:
22
23
25 Ilk.A,D./-
M. Prainito, MMC
26 trty Clerk
27 ■T 'CRP
28 '` ;.
29
30 o ate Seal
31 '
T Y`'
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Return to: (enclose self- addressed stamped envelope) I I� t I 111111 !1 111 � 1' 1I1"111111114111111111111 I' � 1111
Name:
Address: CFN 20150230229
OR BK 27619 PG 0409
RECORDED 06/22/2015 10:30:48
Palm Beach County, Florida
Sharon R. Bock,CLERE & COMPTROLLER
Pgs 0409 - 417; (9pgs)
4.7,-.1
O
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'V AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS w =,°,
AND ycz
° W COVENANT FOR ANNEXATION o i
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This Agreement, made on this day of r t al , 20 I5 , by and between: _
e � '1 e 4) FO K6 A N r) hereinafter called the " Owner(s),"
A NGCLi C41 h. &2AD Fo2-)
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 `1 — 45 - / 3 00 000 / C'S
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.
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1
, a
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
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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)
1 11fi �
IN 1 W�TNESS WHEREOF, the parties hereto have set their hands and seals this ( day of
Nl , 20 Lc. Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER(S): et..i )i...-.A-k,
First tness Stgnature Owner Signature
Tctn � , 6 us r t ct C h lcy �3 c-.-A ri
Printed Witness Name Printed Owner Name
Sec d Witness Signature
N iwLF 7o 1I -> J
Printed Witness Name
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 aMt1 orized in the tate o Florida d in the
County of Palm Beach to take acknowledgments, personally appeared to me C f aeS rD all (1 • - r 4
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: FL t• L • .
WITNESS my hand and official seal in the County and State last aforesaid this ay of ,20_ 15
(Notary Seal) .,6 .F`. CATHERINE CHERRY- GUBERMAN LI`r LA 1 .t _ 1 L - ' ' .t. 1
* s * MY COMMISSION # EE 207630 Notary Public Si ture
it, EXPIRES: June 12, 2016 ( ri 0 t erra' - U W r' vl
r '�reor 0 ,00 ° r Bonded Thru Budget Notary Services
�rr�� Printed Name of Notary Public
My Commission Expires: 31_t n e l d-D01(p tp Commission Number: E E P O 9 (3�
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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
, 20 . Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER(S): al-q":,--
Firs fitness Signature Owner Signature
J LLOLE SW-17 or{ A n v, - ; LS.cp- -3 llaZF . o la
Printed Witness Name Printed Owner Name
Second Witness Signature
Printed Witness Name
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 aithorizeed� in the S,�ate of ondaand in the
County of Palm Beach to take acknowledgments, personally appeared to me Yl ( `Q(�
as the Owner(s) named in the foregoing Agreement and that he /she acknowledged ecuting the same in the presence of
two subscribing witnesses freely andvo1ugtacj and that the individual was personally known to me or provided the
following proof of identification: P p LL .
WITNESS my hand and official seal in the County and State last aforesaid this 1.6 of 1 ,20j
I
(Notary Seal) 4o tr. :'!'ee CATHERINE CHERRY GUBEAt1AN _. .. Li. i I i ' r ..�_._1/
„ * MY COMMISSION # EE 207630 Notary Public Sign e n
(� ): C � Q' lenn r - 6ube r I/
°al,i� EXPIRES: June 12, 2016
04 „„, R Bonded NB PAM Notary Sarno' Printed Name of Notary Publit
My Commission Expires: k- i a ` ] 1 Y Commission Number: FE PO 90 30
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
CITY OF BOYNTON BEACH, FLORIDA
A Florida municipal corporation
By: Vi-
Lon aVerriere, City Manager
ATTEST:
i 4 .t..6 c— Z eme ,
G
C Clerk 4e
G ,
Approve., as to o - :
i / ( I
J s v
/ ti N � 4
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, 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.
and official seal in the County and State last aforesaid this day o
20
WITNESS my hand an
y ty / y u�2
(Not ry Sea i ii iit ��_�i
v o T AMMY L 8TANZIONE Notary Public Signa re
MY COMMISSION # FF213683 1
or EXPIRES March 25. 2019 , Q'Clr>rrl `" ��� r e.
I4Ch 3V-0-53 raridaNu:�.ysavw o.cw,, Printed Notary Public Na me
My Commission Expires: 3 " .Q5 -/ Commission No. C V 2 \,36, 253
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L
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 ?P w F Pc ►�
UWe, C� ?� J� ( c a , {,- , 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.: c /, / 3 -t'Y — CX D — X03 6
The powers and authority of my attorney, THE CITY OF BOYNTON
FLORIDA, shall commence and be in full force and effect on the ( day of
N� tti , 20 f and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the T day of
CIA , in the year 20 t6
Sealed and delivered in the presence of
Wit ss Signature Owner Signature
Mute Johan G 1e rte ..
Print Name Print Name
Witness Signature
Print Name
Witness Signature Owner Signature
Print Name Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
•
THE FOREGOING INSTRUMENT was acknowledged before r me ' th is � day of
�-{ OLq 20 L , by 0`'1 it'S CIAG' r;1 and
, who are known to me or who have produced
FL t L , as identification and who did/did not take an oath.
o1 pFY P� CATHERINE CHERRYGUBERMAN NOTARY ••••. � OTARY PU � n
* �_ c * MY COMMISSION t EE 201630 / f ! �[
/�
el EXPIRES: June 12, 2016 �! rl C Lt
P ��AF 1ti : Bonded Tnru Budget Notary Semces Type or Print Name
Commission No. 0r) UI
My Commission Expires: Sune A aa1 C�
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•
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 15 day of
{aL- , in the year 2015.
Sealed and delivered in the presence of
Witness Signature Owner Signature
U t4 -IJSO 661xe
Print Name Print Name
-
Witness Signature
Print Name
Witness Signature Owner Signature
Print Name Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged befo rf me this 15 day of
kaq , 20 1 5, by 4r et1c0. bI' Utj d and
, who are known to me or who have produced
FL. t - , as identification and who did/did not take an oath.
attANA044)1Jat
6' 1"1v Pbeec CATHERINE CHERRY- GUBERMAN IVTARY PUBLI
r ' MY COMMISSION b EE 207630
* erect eery - 119f n
EXPIRES: June 12, 2016
•,,� � '
Beneee IMO Notery Services Type or Print Name
Commission No. rL U
My Commission Expires: (Q -to 4
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