R15-066 1 RESOLUTION NO. R15 -066
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 G4A2, LLC; PROVIDING
9 AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, at 1084 Ridge Road, Lantana, FL 33462 (Parcel Control
14 Number 00- 43- 45- 09 -08- 000 - 0200); and
15 WHEREAS, the parcel covered by this agreement is a single - family home located in
16 the 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
18 requests that the City provide potable water in the future; and
19 WHEREAS, No additional construction is required by the City to serve this property.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission hereby authorizes and directs the City Manager
26 to sign a Water Service Agreement between the City of Boynton Beach, Florida and G4A2,
27 LLC. A copy of such Agreement is attached hereto as Exhibit "A ".
28 Section 3. This Resolution shall become effective immediately upon passage.
29 PASSED AND ADOPTED this
jeClay of 1,, w'i , 2015.
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1
2 CITY OF BOYNTON BEACH, FLORIDA
3
4 YES NO
5
6 Mayor — Jerry Taylor !/
7
8 Vice Mayor — Joe Casello
9
10 Commissioner — David T. Merker
11
12 Commissioner — Mack McCray
13
14 Commissioner — Michael M. Fitzpatrick t/
15
16
17 VOTE 5-
18
19 ATTEST:
20
21
22
23 Janet M. Prainito, MMC
24 City Clerk
25
26
27
28 (Corporate Seal)
29
C:\ Users\ StanzioneT \AppData\Local\Microsoft\Windows \Temporary Internet
Files\ Content. IE5 \TQFSZSNC \1084_Ridge_Rd_Water Service_Agreement_- _Reso.docx
Return to: (enclose self- addressed stamped envelope) 1111111111111111111111111111111111111111
Name: L� ■� �7y �7y y
Ci' N 20150255 :347
Address: OR BK 27660 PG 0048
RECORDED 07!09/2015 14:36 :19
Palo Beach County, Florida
Sharon R. Bock, CLERK & COMPTROLLER
Pgs 0048 - 54; (7pgs)
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AGREEMENT FOR WATER SERVICE OUTSIDE cc
THE CITY LIMITS AND COVENANT FOR ANNEXATION Na rn�
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THIS AGREEMENT made on this 15 day of , 201 S , by and between
6 4-4z., LG:C_ (Name of Corporation), hereinafter called the
"Customer ", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,
hereinafter called the "City ".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are / Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Return to: (enclose self- addressed stamped envelope) In1IIIIII1fiIHIJ11IIIIIII1 11N1JI�lliI
Name '
CFN 20150' 55:347
Address: OR BK 27660 PC 0048
RECORDED 07/09!2015 14:36:19
Pala Beach County, Florida
Sharon R. Bock, CLERK & COMPTROLLER
Pgs 0048 - 54; (7pgs)
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ti F> AGREEMENT FOR WATER SERVICE OUTSIDE • • -n
THE CITY LIMITS AND COVENANT FOR ANNEXATION ry rr n�
THIS AGREEMENT made on this 1 S day of , 2015 , by and between
(Name of Corporation), hereinafter called the
"Customer ", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,
hereinafter called the "City ".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are ' Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
c:).:,,,,_,,,
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0 "` AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ,i5 day of /7 , 201, S , by and between
6 4- /z. Ll_C,_ (Name of Corporation), hereinafter called the
"Customer ", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,
hereinafter called the "City ".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are / Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor, 1
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights -of -way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer
and all subsequent transferee, grantees, heirs, successors and assigns.
10. 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, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, 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
2
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 Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional 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.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
3
' CORPORATION AS O (S):
�.. -..`� By:
Witness t Its: m yA) A � , N c ✓YG
Printed W't I -ss Name Print Name and Title
it # •
es.
Signature
'* feld f - f • te\ {CORPORATE SEAL}
Printed Witness Name
ATT T:
Secretary a, //4 ,E
Print Name
FOR CORPORATE NOTARIZATION:
STATE OF rfY /dGG- )
)ss:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County of to take acknowledgments, personally appeared
2LL & � - __ c t as i z of G-L_ named in the
foregoing agreement and that he /she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said Corporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation.
Witness my hand and official seal in the County and State last aforesaid this 13' day of
201 /5. �I ' / /
' � �.7r 1 "/ . ' .�
NG • ` PUBL C
/51 Wle66
Printed Name
My Commission Expires:
1. ;ro'0�= �, = LISA C. MVE @@
s Notary Public - State d rim*
y I My Comm. Expires $.p 8, 2017
;,, Commiexlon 0 FF 052002
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
By:
Lori LaVerriere, City Manager
ATTEST:
City Clerk
(SEAL)
Approved as to Form:
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
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Lori
LaVerriere, City Manager and , City Clerk respectively, of the
City named in the foregoing agreement and that they severally acknowledged executing same in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by
said City and that the City seal affixed thereto is the true corporate 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
, 201 .
(Notary Seal)
Notary Public
My Commission Expires:
5
01 Y QF
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v
o� _ : ° -
�k7.0N t'
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
City of Boynton Beach
100 E .Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, c_ . 6 7 Las Corporate Representative of
Z LLC_ , 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' �-.3 " ¢ S _ e. — O$ - oc5) -- Q 7220
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the f cj day of
M ncr , 206 and the powers and authority shall be irrevocable by Grantee.
r
IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of
,in the year 20 .
S a • • and delivered in the presence of
1 .r ?
, Corporation Name: 6 ¢ /Zz, z ——
ess re
,
C. C By:
Print Name
Print Name and Title: C Pell.�` !'Is"mX___
4 , a
itne- ignature ATTEST
Act". j4041.t, ( 14 C
Print Name Secretary j/rjo //J'?.e r
Corporate Seal:
STATE OF Poridet, tab, ti ) SS:
COUNTY OF �a l � )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowled eats, personally appeared
iv 1� f �� C
as G o
named in the
foregoing agreement and that he/she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said
Corporation and that the Corporate seal affixed thereto is the true corporate seal of said
Corporation.
Witness my hand and official seal in the County and State last aforesaid this /5 day of
M ,20/5": /
/I I
NOTA' PUB IC
Z.- (54 i k
Printed Name
My Commission Expires:
417. "'% LISA C. WEBB
S: \CA\AGMTS \Water Service\Power of Attorney -Corp. 1- 6- 06.doc : ° T. Notary Public - State of Ho
H: 10 \ 900182.BB\A rn
GMT\Powerof Attoey -Corp 1- 6- 06.doc � My Comm. Expires Sep 8, 2d17
99
'.;; fie Commission # FF 052002