R16-0691
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RESOLUTION NO. R16 -069
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 MALENA SERVICES
CLEANER, LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
water and sewer service area, at 1082 Alto Road, Lantana, FL 33462 (Parcel Control Number
00- 43- 45- 09 -09- 000 - 2890); and
WHEREAS, the parcel covered by this agreement is a single - family home located in
the unincorporated Palm Beach County portion of the City's utility service area; and
WHEREAS, the property historically receives water from a well and the owner
requests that the City provide potable water in the future; and
WHEREAS, No additional construction is required for the City to provide water
service to this property.
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 authorizes and directs the City Manager
to sign a Water Service Agreement between the City of Boynton Beach, Florida and Malenda
Services Clearner, LLC. A copy of such Agreement is attached hereto as Exhibit "A ".
Section 3. This Resolution shall become effective immediately upon passage.
S: \CC \WP \Resolutions\2016 \R16 -069 1082 Service_ Agreement- _Reso.docx
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II
PASSED AND ADOPTED this ` .. 2016.
day of , :.� ��
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
VOTE
ATTEST:
�p
Ju llth A. Pyle, CMC
Interim City Clerk
(Corporate Seal)
S:\CC\WP\Resolutions\2016\RI6-069 1082_Alto Agreement-Reso.docx
Return to: (enclose self- addressed stamped envelope)
Name:
Address:
CITY OF BOY P BEA(
CITY CLERK'S OFFICE
CFM :2 01GO190861
OR BI{ :28332 PG 09:24
RECORDED 05/31/2016 12:39:19
Palm Beach County, Florida
Sharon - R. Bock,CLERK & COMPTROLLER
Pgs 0924 - 930; (7pgs)
16 J U fN 20 PM 12: 01 2
1 )�to" ®(a \
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this e6 day of r l ' , 201_, by and between
hAkL. " sF rVi cEs c L M Q A/.�5 LLc. (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 1 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
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
4
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)
WITNESS:
T
Witness Signature
__A bn C_�
Printed Witness Name
Witne s S ignatlugre
(
Printed Witness Name
ATTEST:
Secretary
Print Name
FOR CORPORATE NOTARIZATION:
STATE OF ��p�;� )
)ss:
COUNTY OF )
CORPORATION AS OWNER(S):
By: —gl �'-
Its: -� Id -E&,T:
Print Name and Title -p FVJT-
{CORPORATE SEALI
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
Q - \ e.C1Ct V)e - of �AoAeco., CS L Damed 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 a �� A'- Iay of
201.
OT Y PUBLIC
Notary Public State of Florida — w c� SA C-, :� C�
Taralyn Pratt
My Commission FF 177869 Printed Name
M oFw Expire 1!79/2018 AQQ
El
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: "�e
Lori LaVerriere, City Manager
ATT T:
Clerk
A pproved as to Fo
�& aoc - Im � (*, J L' Fa�' �
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH)
(SEAL)
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 .7Gt0I - rH f, P yle 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 D 5 day of
2010
(No
'• °• ;; TAMMY L STANZIONE
•• ,F MY COMMISSION # FF213683
EXPIRES March 25.2019
�OJ 3� PtwkiePaoa 8•+vire.wm
My Commission Expires: , - 2 1 7
;�i CyTn'-) 1 &,,a
Notary Public
5
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, MALENA DE OVALLES, ANA I, as Corporate Representative of MALENA
SERVICES CLEANER, 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- 43- 45- 09 -09- 000 -2890
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 0_ day of ,
_, 20_k and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 2,_ day of
4pn , in the year 20 /6 .
Sealed and delivered in the presence of
' V&_ kx�� Corporation Name: 1�V Q i�(O J� ZSFlr V1 C.F 5 C I,eU.FIr ,
W tness Signature
P� By:
Print Name
Print Name and Title:
Witnes Signature ATTEST
�011� �EVS
Print Name
STATE OF
COUNTY OF \,�
Secretary
Corporate Seal:
SS:
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
�Ae.A erg � ()'to-Mm An s Of of e ten erv', LS i�c ,- Lb K alhed 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 a(�day of
201 Lo
�+�"� Tar, PPaa sure of Flww« NOT ARY PUBI,IC��
i MY Co n Fran
+�+ y
Commksion FF 177863 ! [3,_{ a� v �
or Expkes 11118/2018 printed Name
My Commission
S: \CA\AGMTS \Water ServiceTower of Attorney -Corp. 1- 6- 06.doc
H: \1 990 \900182.BB\AGMT\PowerofAttomey -Corp 1- 6- 06.doe
H)
Page 1 of 1
Gary R. Nikofits, CFA. Homestead Exemption
Property Appraiser
Ail Pairn Kesel County
to
Sales Date
Price
OR Bonk /Page
Sale Type
Owner
FEB -2016
$85,000
28134 / 0001
WARRANTY DEED
MALENA SERVICES CLEANER LLC
NOV -2015
$91,200
27913 / 1628
CERT OF TITLE
DEUTSCHE BANK NATIONAL TRUST COMPANY TR
JAN -2007
$10
21351/ 1188
QUIT CLAIM
HIGUEROS THELMA &
JAN -2002
$90,500
13339 /0535
WARRANTY DEED
MARTIN RIGOSERTO &
OCT -2001
$65,000
13157 / 1721
WARRANTY DEED
PROPERTY RESTORATION GROUP INC
1
Total tax
$1,284
$1,108
$1,003
No Exemption Information Available.
http: / /www.co.palm- beach. fl. us / papa / Asps /PropertyDetail /PropertyDetail. aspx ?parcel= 004... 4/25/2016
All values are as of January 1st each year
Tax Year
2015
2014
2013
Assessed Value
$40,567
$36,879
$33,526
Exemption Amount
$0
$0
$0
Taxable Value
$40,567
$36,879
$33,526
Tax Year
2015
2014
2013
Ad Valorem
$972
$792
$690
Non Ad Valorem
$312
$316
$313
Total tax
$1,284
$1,108
$1,003
http: / /www.co.palm- beach. fl. us / papa / Asps /PropertyDetail /PropertyDetail. aspx ?parcel= 004... 4/25/2016
PAPA Maps
Property I
Location 1082 ALTO RD
Municipality UNINCORPORATED
Parcel No. 00434509090002890
Subdivision RIDGE GROVE ADD 1 IN
Book 28134 Page 1
Sale Date FEB -2016
3217 DECKER LAKE DR
Mailing
Address SALT LAKE CITY UT
84119 3284
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CAPE CORAL, FL 3390,4
MAP OF BOUNDARY SURVE r
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