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R16-068RESOLUTION NO. R16 -068 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND JOSE RIVERA; PROVIDING AN EFFECTIVE DATE. B 1: E 1; lz R 1" 1� 1� 2( 21 2L 2-^ 2z 2- 2E 2'� 2� WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 7695 Overlook Road, Lantana, FL 33462 (Parcel Control Number 00- 43- 45- 09 -04- 000 - 0140); and WHEREAS, the property covered by this agreement historically is receives water from a well and the owner now requests that we provide potable water in the future; and WHEREAS, no additional construction will be required by the City to serve this property and the owner agrees to pay all costs to provide service. 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 confinned as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to sign a Water Service Agreement between the City of Boynton Beach, Florida and Jose Rivera, a copy of which is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. C:\ Useis \pylej\AppData \Local\Microsofl\Windows \Temporary Internet Files \Content.Outlook \DBQEL63Y\7695 Overlook Road WSA - Reso.docx 3 3 3 3 3 3 3 3 3 3 PASSED AND ADOPTED this 17 day of May, 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello 4 4 4 4 5 5 5 5 5 5 ATTEST: Ju th A. Pyle, CM Q/ Inferim City Clerk (Corporate Seal) VOTE C:\ Users \pyleiWppData \Local\Microsoft \Windows \Temporary Urtemet Files \Content.Outlook \DBQEL63Y\7695 Overlook Road WSA - Reso.docx Return to: (enclose self- addressed stamped envelope) Name: Address: CITY OF ; B_OYW'ON BE A( CITY CLERK'S OFFI E 15 JUN 2.Q.; R,1112,., a 2 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS \, AND COVENANT FOR ANNEXATION `= - (Individuals) CFM 20160190670 OR BK 2833 PG 09G3 RECORDED 05/31/2016 12:41:49 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0963 - 969; Upgs) This Agreement, made on this 29 day of JUNE 2015, by and between: JOSE RIVERA 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) 00- 43- 45- 09 -04- 000 -0140 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. 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 Page 2 of 5 C:\ Users \dobardt \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3D1SA6K1 \WSA (Individual) 5- 22- 12.doc 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 BLAND TWO (2) SIGNATURE PAGES FOLLOW Page 3 of 5 C: \ Us ers \dobardt \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \3D1SAGK1 \WSA (Individual) 8- 22- 12.doc 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 k _S Sealed and delivered in the presence of: TWO WITNESSES as to each Owner: r ArstVitness Signature Printe Witness Tame Se and Wi ess Signa Printed Witness Name First Witness Signature Printed Witness Name Second Witness Signature Printed Witness Name FOR OWNER(S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) Printed Owner Name I HEREBY CERTIFY that on this day, before me, an officer duly authf2rized in the State of Florida and in the County of Palm Beach to take acknowledgments, personally appeared to me ,Ine- 0 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: El-0 0 - 0 ( t' C try51✓ )ATTNESS my hand and official seal in the County and State last aforesaid this � day of �Yu- c 9 20 )-!�' (Notary Seal)���� Notary Publ ture �s��•%e V HOC)• Printed Name of Notary Public LOUISE DEVIVO * * MY COMMISSION N EE 165755 Commission E x p ires: s EXPIRES; August 10, 2015 M y p Commission Number: �n �O Bonded Thru B udget Notary Services Page 4 of 5 INDIVIDUALS) AS OWNER(S): Owne igniature 'J us? _ F) R r uze,-4- Printed Owner Name Owner Signature C: \ U sers \dobardt \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3D1SAGK1 \WSA (Individual) 8- 22- 12.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) CITY OF BOYNTON BEACH, FLORIDA A Florida municipal corporation By Lori LaVerriere, City Manager ATTEST: C' Jerk Approved to Form: "wo/ OW-7"A "A'a Cfxtt , 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 Tom'{ R Ppiaits, 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 this25day of , 20_1(o (Noxarv. Sea -- -- -- - — -- - CXe7'i'1/� ' � 'MM ��'ai�l ��i� Notary Public Si tore :•; MY COMMISSION � FF213683 Tammy L. Stanzione EXPIRES March 25.2019 i40 �� 39"'53 PkxidaNu:a 01 kV �o+�: Printed Notary Public Name My Commission Expires: / Commission No. V_ 136 Page 5 of 5 C:\ Users \dobardt \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.outlook \3D1SA6K1 \WSA (Individual) 8- 22- 12.doc IRREVOCABLE SPECIAL POWER OF ATTORNEY (Individuals) STATE OF FLORIDA COUNTY OF PALM BEACH I /We, JOSE RIVERA 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- 43- 45 -09 -04 -000 -0140 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 29 day of JUNE 2015 and the powers and authority shall be irrevocable by Grantee. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) SIGNATURE PAGE FOLLOWS Page 1 of 2 UAWSA formsTower of Attorney (Individual) 8 -22 -12 (3).doc IN WITNESS WHEREOF, we have hereunto set our hands and seals the a5. day of in the year 20 /S Sealed and delivered in the presence of 4 n�57 ' ss Signature Print Nome k �v Wiliiess S' nature ll0 ( WZ4 llCl Own �Signature �o-e- 0 RI Print Name Print Name Witness Signature Owner Signature Print Name Print Narne Witness Print Name STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this day of f 20�, by .�DS� .,�t (► and who are known to me or who have produced L- c r+ Lice-rus , as identification and who did/did not take an oath. NOTARY UBLIC �yiS� V Type or Print Name r , 't LOUISE DEVIVO W."' MY COMMISSION N EE 085755 Commission No. s EXPIRES: August 10, 2015 My Commission Expires: one hruBud el Notary Serviees S: \CA\AGMTS \Water Service \power of atty.doc 1 - 6 - 06 H: \1 990 \900182.BB\AGMT\PowerofAttomey -Ind 1- 6- 06.doe Pagel of 2 Homestead Exemotion Mailing address Owners 7695 OVERLOOK RD RIVERA JOSE LANTANA FL 33462 5935 Sales Date Price OR Book /Page Sale Type Owner NOV -2009 $130,000 23605/ 0789 WARRANTY DEED RIVERA JOSE SEP -2009 $10 23453 /152S WARRANTY DEED EQUITYMAX INC MAY -2007 $152,000 21728/ 1755 WARRANTY DEED MARSHALL THERESA Exemption Applicant /Owner Year Detail RIVERA JOSE 2015 *Total Square Number of Units 1 2008 Acres 0.25 Feet Use Code 0100 - SINGLE RM - Multi - Family (Medium Density) ( 00- Zoning FAMILY UNINCORPORATED ) Tax Year 2014 2013 2012 Improvement Value $67,544 $53,867 $31,267 Land Value $6,930 $6,930 $6,600 Total Market Value $74,474 $60,797 $37,867 Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem All values are as of January 1st each year 2014 2013 $39,089 $38,511 $25,000 $25,000 $14,089 $13,511 2014 $265 2013 $255 2012 $37,867 $25,000 $12,867 2012 $246 http: / /www.co.palm- beach.fl.us /papa/ Asps/ PropertyDetail /Propei ?parcel= 0043... 5/5 /2015 Page 1 of 2 Homestead Exemption MM lit Structural Element for Sketch for Building 1 Building 1 1. Exterior Wall 1 CB STUCCO 2. Year Built 1955 Air Condition 3. HTG & AC Desc. 4. Heat Type FORCED AIR DUCT 5. Heat Fuel ELECTRIC 6. Bed Rooms 3 7. Full Baths 1 8. Half Baths 0 9. Exterior Wall 2 N/A 10. Roof Structure GABLE /HIP 11. Roof Cover ASPH /COMP. SHG. 12. Interior Wall 1 PLASTER 13. Interior Wall 2 N/A 14. Floor Type 1 CARPETING 15. Floor Type 2 N/A 16. Stories 1 Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. BAS BASE AREA 1192 2. 368 9 http: / /www.co. palm- beach.fl.us /papa/ Asps/ PropertyDetaillStructuralDetail .aspx ?entity_id =... 5/5 /2015 37 Area 1 Area72 3, o - o 90 0 w D+, 4 0� / (P &M) 115.00' S . m i kk X,%C - k- xxk k K StXXkkkY - X YYXXKX SHED R, lcJ2�j�J 7.1' � s.s I I m J t 1 ter. v 23.2' In Cn UI I I c7 N y 13 cl CONC 0 ao.s N 16.1' r M Z 11.3 _ a ° z 0 p �I —fTl N c I i� rrlr ? ' l n �. k N "Z>0 11.8 Do y to mm.0 1811 5.Ar I i� Ci CIl w N /.'• / // '� I . 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