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R17-008 1 RESOLUTION NO. R17-008 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 JAMES M. COLBY AND 9 SHERRY A. COLBY; 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 1101 Peak Road, Lantana, FL 33462 (Parcel Control 15 Number 00-43-45-09-09-000-2670); and 16 WHEREAS, the parcel covered by this agreement is a single-family home located in 17 the 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 is required by the City to serve this property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 to sign a Water Service Agreement between the City of Boynton Beach, Florida and James M 28 Colby and Sherry A. Colby, a copy of which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\1101_Peak_Rd_Water_Service_Agreement__Reso.docx 30 31 PASSED AND ADOPTED this 17th day of January,2017. 32 33 d CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor—Steven B. Grant ✓ 38 39 Vice Mayor—Mack McCray ✓ 40 41 Commissioner—Justin Katz 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Joe Casello V 46 47 48 VOTE 49 50 ATTEST: 51 52 53 ;, ' _. 54 Judy A. Pyle, CMC 55 City Clerk 56 57 58 59 (Corporate Seal) gtO 60 *IptA 61 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.1E5\52FYTE0E\1101_Peak_Rd_Water_Service_Agreement_=Reso.docx 1111111 11111 11111 11111 11111 11111 1111111111M CFN 201 7003-556.7 CITY;:OF`BClY ON BEACH O� BK. 23862 F G . 1412 1``1.� ry{� ('� FG2}�'S OFFICE RECORDED 011/31/2017 12:03:30 F'alrn Beach:Counts v F1or i da Shiron. So i?acJ rCLERK c� COI1FIROLLEk 17.FEB 10 tiI1: Q8 Pas 19.12. 1''i•ih°v .(SR�s, I `N. v. r 4 G 41. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS ,� �, . .," D'� - ;� 1 --00 '.� ��°�`�' COVENANT FOR_ANNEXATION (Individuals) This Agreement,made on this I f ` day of J:4nuwa42_ ' ;20:17,by and between:. James M.Colby and SherryAgnellC,Colby..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 theOwner(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) 00-43-45-09-09-000-2670 LEGAL DESCRIPTION: Lot 267, RIDGE GROVE — ADDITION NO. 1, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County; Florida, recorded in Plat Book 22, page. 43; said lands.situate lying and being in Palm Beach County, Florida.' : - 2. The City agrees to provide Owner(s) withwater: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. Page1 :of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-22-12 - (3) .doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) 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 toinspection 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 Owners) 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 asmay be necessary to pay the.total actual costs of providing the work. 8. Any water main extension made under the Agreement shallbe 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 o the Code of Ordinances and regulation s:of - Boynton Beach. 9. Ownership and title Jo 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'Director of Utilities, then this CITY, without liability, may refuse to initiate service to the subject Property. page .2 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-22712 (3) .dod :AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS . AND COVENANT FOR ANNEXATION (Individuals) • 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 consideredto 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 theeventthere is a reduction, impairment, or termination in waterservice 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 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 saleof the Property by Owner(s), Owner(s) agrees to provide written noticeof the existence of this Agreement to the buyer of the Property prior to or in conjunction with the closing of the sale transaction. Page 3 of. 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-22-12 . (3) .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 /l day of N-N.k 1•k1 , 20 tri. Sealed and delivered in the presence of: TWO WITNESSES as to each Owner: IND UAL(S)AS OWN ' ,"): Olethtfk 1/4311'N-a-tA .r......„.. -1--3--r (2_ Eirst Witn- • i u ature her Signature __• ilff_.91A_.Vl 3-4.-1-1 s 4 C 0 L_a Printed Witness e Printed Owner Name * .1.m--111r4e10 Second r`` ►-..s Signatuu� 61s7t A.F A_ C erre'. Printed Witness Name a.41/ C balk 4 .� /' �// First Witne ignature Owner Signa vj e / -- �� t __/Je • �. :,•• Printed Owier Name Sec nd Witness Signatures Printed Wit r'iess 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 authorized in the State of Florida and in the County of Palm Beach to take acknowledgments,personally appeared be Q a_g_ d4-e. 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. ep r�ip11y known tz.L.ne or provided the following proof of identification: WITNESS my hand and official seal in the County and State last afores.id this //day of.3A-1-4 ,20.a. e 4,01,444„� /, SANDRA K HENSCHEL •''�t�. •% MY COMMISSION#GG 008607 • . 1 otary Public Signature j `*' ,'4 71 EXPIRES:November 4,2020 J i=i - !< ti G a, dt'�•• Bonded Thru Notary Public Underwriters �P,�,t�• 1 Printed Name of Notary Public My Commission Expires:. ll hal.,9,0 Commission Number: C"0- O C) $la® Page 4 of 5 S:\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-22-12 (3) .doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS : AND COVENANT FOR ANNEXATION (Individuals) CITY OF BOYNTON BEACH,FLORIDA A Florida municipal corporation By: . . C Lori LaVerriere, City Manager ATTEST: City ♦ ;rk • Approved as to Form • C. Attorney . j' STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) • I HEREBY CERTIFY that on thisday,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, Interim City.Manager Judi the jA_Pv.l e,City Clerk-- - spectively, of the City namedinthe foregoing Agreement and that they severally I aclaiowledged executing same and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto isthe true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this2 4 day ofJanuary ,20 17 (Notary Seal) ' �i�' '1'71/7i/ i IA 'T" Notary Pu Stanzione Printed Notary PublicName My Commission Expires: 3/2 5/2 0'19 . Commission No. FF213683 is MY COMMISSION#FF213683 '�•'-•?v EXPIRES March 25.2019 (4C7 i 395-0153 Fforidallo:arySorvico.com Page 5 of 5 S:,\Customer Relations\FORMS\Water Service Agreements\WSA (Individual) 8-22-12 (3) .doc Water Service Agreements Outside the Cityof Boynton Beach Limits 4-1„ (Single Family Homes) TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS (SINGLE FAMILY HOMES) FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS 1. Please note that all blanks(other than signatures)are to be typed or legibly printed. 2. Names in the blanks must match the owners'name exactly as it appears on the Deed to the Property. • Correct example:John Ralph Customer and Alice D.Customer • Incorrect example: John R. and Alice D. Customer • Incorrect example: John and Alice Customer 3. Sign the Agreement for Water Service Outside the City Limits and Covenant for Annexation (on Page 4) and the separate Irrevocable Special Power of Attorney. 4. Have all signatures properly witnessed and notarized on both Agreements, including the full names inserted in the Notary's Certification. 5. Provide the Property Control Number below and attach a copy of the Deed to the Property and legal description (Labeled"EXHIBIT A"). 6. Provide the Owner's Information and Property Information requested below. 7. Return all documents to Utilities Administration Office, 124 E Woolbright Rd,Boynton Beach FL,33435. Sincerely, Customer Service Manager—Utilities Finance Department OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME FOR PROCESSING THIS APPLICATION,PRIOR TO SCHEDULING IT 3-4 WEEKS BEFORE A CITY COMMISSION MEETING FOR APPROVAL.CITY COMMISSION MEETINGS ARE NORMALLY SCHEDULED ON THE 1ST AND 3RD TUESDAY OF EVERY MONTH. THE TOTAL TIME SCHEDULE FOR APPROVAL COULD BE AT LEAST 5-6 WEEKS FROM THE DATE OF SUBMITTAL TO THE DATE OF COMMISSION APPROVAL DEPENDING UPON THE COMMISSION MEETINGS DATES. Owner's Information Owner's Name: JAMES M. COLBY Mailing Address: 1861 FINNHILL DR BOYNTON BEACH, FL 33426 No. &Street City State Zip Code Home Telephone No Mobile Telephone No. 561-758-1117 Property Information: Address: 1101 PEAK RD LANTANA, FL 33462 No. &Street City State Zip Code County Appraiser's Office Property Control Number(PCN) 00-4345-09-09-000-2670 S:\Customer Relations\FORMS\Water Service Agreements\Cover Letter-Single Family Homes10-7-15 (3).doc Page 1 of 2 r I �e�t,`o -Gary R:,Nikolits,CFA .-L,',_ Homestead,Exernption I E-file ` Property,Appraiser ' -' ; - , _(614t1g,'" FS,,,,+' Palm Beach County -- a Owner Name: COLBY JAMES M& \ Parcel Control Number: 00 43 45 09 09 000-2670 Location Address: 1101 PEAK RD Structural Sketch for Building 1 \ Element for :.. _ __ Building 1 24 i Exterior ' 1. Wall 1 CB STUCCO ' 2. Year Built 1976 I I - --------_-- 1 Air 3. Condition AC ONLY , Desc. 4 Heat • NONE Type ' 5. Heat Fuel ELECTRIC 6. Bed 3 --------_.__- - - - - --- -..-------- ------- Rooms 7. Full Baths 1 Half $' Baths 0 • — --- - Exterior 44 ~fl 44 9. Wall 2 N/A (1058) 10. Roof GABLE/HIP ! Structure I Roof ASPH/COMP. 11. Cover SHG. f 12. Interior DRYWALL I _ Wall l 13. Interior N/A ' ' Wall 2 Floor -- 14. CARPETING Type l I • Floor — -- - -- -- — 15. N/A Type 2 _.3.6. Stories 1 _ I-.---.-- J Subarea ander` • ! 24 Sq. Footage for Building 1 Code Sq. Description Footage BAS BASE AREA 1056 Total Square 1056 Footage : Total Area Under 1056 -- Air--___. J Extra Feature -- --- - - - - - - c- Description Year Built Units 1 No Extra Feature Available ___) Land Details CLand Line# Description Zoning Units Acres http://www.co.palm-beach.fl.us/papa/Asps/PropertyD etail/StructuralDetail.aspx?entity_id... 12/20/2016 r“...57Pr;':•!'• -;• - . - .• ,.:W.:-...ir.1.:,-.•• i;,,,,..., . „...1•44.1,1%•.-{ . .-: •"' . . - .. , 0:4;it'i.;,!.'::".• • - I 1-' . . -.,--*:,3-;1,0‘• ,""4, • ii. 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