R17-009 1 RESOLUTION NO. R17-009
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 ANGELA EDYTHE ERB
9 AND ROSS A. CERANCI; 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 7089 Lawrence Road, Boynton Beach, FL 33436 (Parcel
15 Control Number 00-42-45-12-02-001-0040); and
16 WHEREAS, the parcel covered by this agreement is located in the unincorporated
17 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 Angela
28 Edythe Erb and Ross A. Caranci, a copy of which is attached hereto as Exhibit "A".
29 Section 3. This Resolution shall become effective immediately upon passage.
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30
31 PASSED AND ADOPTED this 17th day of January, 2017.
32 CITY OF BOYNTON BEACH, FLORIDA
33
34 YES NO
35
36 Mayor— Steven B. Grant
37
38 Vice Mayor—Mack McCray f
39 �.
40 Commissioner—Justin Katz
41
42 Commissioner—Christina L. Romelus
43
44 Commissioner—Joe Casello
45
46
47 VOTE
48
49 ATTEST:
50
51
// A,It:/e;b77
52
53 Judi A. Pyle, CMC
54 C'• Clerk ,
Y
55
56
57 k
58 (Corporate Seal)
59
60
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1111111 11111 11111 111111111111111 11111 11111111
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Cl Y OF BOYNTON BEACH
fiEta]FiDED 112/13/21117 lice?7,2y " "
CITY CLERK'S OFFICE
Palm eea�_h Gounta9 Florida
Sharon Ro Bo�_krC:LEF'F: �� C:OrIPTROLl._ER
P95 1278 - 1284; (7pss)
17FEB 214 ANgo: 27
' ,..4 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
° ti�
• COVENANT FOR ANNEXATION ) `\ - O
(Individuals)
This Agreement, made on this ! 7 day of JMINArcr , 20 ! ?,by and between:
Angela Edythe Erb and Ross A. Caranci 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) 00-42-45-12-02-001-0040
LEGAL DESCRIPTION: The North 132 Feet of South 264 Feet of the East half of Lot 1, in
subdivision of the Northeast Quarter of Section 17, Township 45 South, Range 42 East.,
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 9, Page 74.
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.
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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 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.
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.
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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 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 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 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.
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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 )`i 'day of
- , 20 I`- -.—Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDIV _ A A. OWNER(S):
•
F' Witness S' ature Owner Signature
ue-t, k kur
Printed Witness Name Printed Owner Name
_AND Se)
Se :: d nes .'u ature
Printed W ---
L.
It
s Witnatur�jje /r � ��
Lt-c�ess Si k-1.1 v Z,'i _
Printed . '- s Name Prin -d Owner Name
Seco V _ �'re
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 office4uly_authorized in the tate of Florida and in the
County of Palm Beach to take acknowledgments,personally appeared '"!'qxst'^ ,7. lte 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 andvoluntarily and that the individual was personally known to me or provided the
following proof of identification:'),VP v ( `� Ce v�c__:'S .
WITNESS my hand and official seal in the County and State last aforesaid this 1'4-day of 3ahuc„.-y,20 1`
(Nota • I. tit
aolvift Notary Public State of Florida Signatu
Taralyn si (�J o`\`�fl • c—A
• 'a � Myy Commission FF 177863
"eor a. Expires 11/19/2018 Printed Name of Notary Public
My Commission Expires: I 1- 1 q- ZO l?) Commission Number: F F 1 'R-11-ho
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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: U..-L VI-4-4-4--0--i—Ar
Lori LaVerriere, City Manager
ATTEST:
2� rk
e je,(_, ,,i, ,„, , ,,„„ Vq,
City 1 ' ` y
Approve. asto F,,i : = "
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/
City • omey
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, Interim City Manager
Judith A Pyle, City- Cler]tespectively, 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 this 24dayofJanuary ,20 17
•(Notary Seal) '. tiAII 'd Ei �, _t_4i IL /
Notary Public aS•e , Stanalone
Printed Notary Public Name
3/25/2019 FF 213683
My Commission Expires: Commission No.
`Qt v.ec . TAMVtTANin'
vhf MY COMMISSION#FF213683
-'E'n;,+,, EXPIRES March 25,2019
44c7i 358-0'53 rforidallotwyService.Corr
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