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R09-164 " I I RESOLUTION NO. R09-/t.!-/ 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND EDNER AND JULIENNISE 9 V AILANT; PROVIDING AN EFFECTIVE DATE. 10 II 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, at 1148 Highland Road, Lantana, Florida (PCN: 00-43-45-09- 14 08-000-1010); and 15 WHEREAS, the parcel covered by this agreement includes a single-family home 16 located in unincorporated Palm Beach County portion of the City's utility service area; and 17 WHEREAS, only potable water is available for connection to the property at this time 18 due to recent water main improvements constructed by the County a few years ago, and 19 WHEREAS, no additional construction will be required by the City to serve this 20 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 execute a Water Service Agreement between the City of Boynton Beach, Florida and Edner 28 and Juliennise Vaillant, a copy of said Agreement is attached hereto as Exhibit "A". S:\CA\RESO\Agrt:t:ments\Water Service\Vaillant Water Servict: Agreement.doc II I I Section 3. This Resolution shall become effective immediately upon passage. 2 'YL 3 PASSED AND ADOPTED this L day of November, 2009. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 , 9 ../ 10 II 12 13 Vice Ma or- WoodrowL. Hay 14 ~ 15 16 Commis~ioner - Ronald Weiland 17 1-. 18 19 20 ""7:- 21 22 23 ATTEST: 24 25 26 27 28 29 30 ,. 31 ii "f~~ 32 t~.,~< ,........ """!i""~ 33 (C' ';\fIit1~eacl~::.it~f~ J .' f ",r;I ~~y~t::''\ .f ',~ .?. ,<':..q'.,~ r'~~ \.<~ t ;~f\:i.:' f.~;!:h ,\ W.\\/i' it!. , &... ";.f'~"~ l:-~"" 4~~.;iW '~"~ ' fft,~" ~~ :&(~lIJ:~}>~~ S:\CA\RESOlAgreements\Water Service\Vaillant Water Service Agreement.doc Water Service Agreements Outside the City of Boynton Beach Limits loCf-/& LI (Single Family Homes) TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS (SINGLE FAMILY HOMES) FROM: CITYOF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS I. Please, all blanks (other than signatures) are to be typed 2. Sign the agreement (on p.3) and the Power of Attorney form 3. Have all signatures properly notarized on both forms, including the full names inserted in the notary's statement. 4. Names in the blanks must match the owners' name as it appears on the deed. 0 Correct example: John R. Customer and Alice D. Customer 0 Incorrect example: John R and Alice D. Customer 5. Attach a survey and legal description (LABELED "EXHIBIT A"), or provide the property control number. 6. Provide the name and address information requested below. 7. Return all documents to this office. NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION METING. THE TIME SHEDULE IS THEREFORE AT LEAST 3-4 WEEKS FROM DATE OF SUBMITTAL TO DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION MEETINGS. (THE COMMISSION MEETS ON THE I ST AND 3RD TUESDA Y OF EVERY MONTH) Sincerely, Peter V. Mazzella Deputy Director of Utilities Owners Information Owner's Name: -. Edner & Juliennise - Vaillant ~- Mailing Address: ____1148 Highland Road Lantana FI 33462 - No, & Street City State Zip Code Telephone No '_56J 5886237__ Properlv Jnformalion: Address: __J 148 Highland Road Lanlana, FI33462 No. & Street ('lfy State Zip Code Properly Control Number (PCN) _00-43-45-09-08-000-10JO l~m~m~w~m~R~~~~UIDmm~ml.~ , CF~[ ;21,"Z)':I'~" .1. ;,: 3' ).'1, OR Bl( 2 .]~) Ej ~~l PC; '~71 7 THIS INSTRUMENT PREPARED BY: REGilnIDE:D :Ll/<:412~llil'51 1:;: 19:22 PaJ.l~ BE'seh Ga"Ji1t~',. FlorIda James A. Cherof, Esquire Share,n It. e'o':k,. CLERK t, COKPTROLLER Goren, Cllerof, Doody & Ezra!, P.A. Pgs 1~171 :,.. T2~:, j: ( 10P1,,1 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 RO'1-" (to ~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION d . '1- THIS AGREEMENT made on this Jdt day of Ct-ft.'b2( , 200- ~. by and between Edner and Juliennise Vaillant ----" 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 provice water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Cmtomer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdietionallimits 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 _1.8 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 premise,. 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 su~6ctltuVtsrkct~ilCb~Gte City 3JUJC ~'::.;:'-J A':'.J H::JV38 t'F '1" r', , '! , ';"J~ ~,.l".l,,~:.~ /~",,',_ 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 ofthe 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 I of this Agreement. 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 transferees. 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 oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the 2 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 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 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this i)~ day of nCHotx.:,{ , 2009-. WITNESS: ~o.~.~~y~ Witness Si e h ~'('^~s..k'<'"\~\C',,<,e /I ~ nnted Owner Name Printed Witn s Name ~O Witn :Jtature .... k: Y7'/'tJ / Printed Witriess Name ~1&w~Q/.IYFMt7' ~MY?/Yl<~~ xft;- -jl ~AQ Witness Si ture . ~er ~ignature f '. ~ '~ ""'^'0- ~ s...\-c~V"\ :L\(Jylf'>, \ l J ( I .f2 III IV /> f' V tOt /I Oc /1.(1 Printe Witn s Name Printed Owner Name _. C{:, /~ z: Witness ature e tf/ I. ;,V Printed Witn ss Name FOR INDIVIDUAL(S) NOT ARIZA TION: STATE OF ..Eba:icl- ) ) ss: COUNTY OF --Palm &wh) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the _ ?run,;+ aforesaid to take acknowledgments, personally appeared 4/nn1-:ruli-E0I1ISe \hl () to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the FtdiVidUal was personally known to me or provided the following proof of identification: 'bL . biITNESS my hand and ~~cial seal in the County and State last aforesaid this 1j.~1'f- day of ~ .:e( ,200 _ NOTARY PUBLlC.S ATE OF FLORIDA ...'''"...,.,. Catherine ChelTY.Guberman {JCl-ldr~Jwr-.!. rlI. flA M t ~V)t{a 1( (Notary Seal) {~iCommission#DD792144 ...... ,/ Expires: MAY 27, 2012 C .. .BONDED THRU ATLANTIC BONDING CO., INC. My ommlSSlOn expires: Notary Pubh~l1en\1e Q .hav~' tllLl berrrctll \-.-{CLl1 Ar'J/ ~ 4 ,{;}.O;'7-- 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 icipal corporation Kurt ATTEST: ~Yr1. P~J:L> City er 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 .~ the County aforesaid to take ackno Ie en'ls, ersonally appeared Ku ri _ (Ps'Sn-er '- [\ , 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. , wr~ESS my hand and O~cial seal in the County and State last aforesaid this J totJ) day of -.1!Duem ti( ,200 . NOTARY PUBLIC-STATE OF FLORIDA (Notary Seal) iij". Cat!lenne Cherry,Gub,nnan - f~01 ;, , jColl\rnlssion #OD792144 ""."""~ MAY27,~ Qh{>rr~- ,ub-ermQj My commission ex~ ~lN@Q I S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc H:\l990\90D182.BB\AGMT\Water Service Agreement - Rev 1~6-06.doc 5 THIS INSTRUMENT PREPARED BY' James A. Cherof, Esquire Goren, Cherat, Doody and Ezrol. P.A 3099 East Cornmercla18lvd. Suite 200 Ft. Lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF 'lot rn b(flQr) I/We, ~dnertIult-enl'1(Sf ~l~, 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 cornplete 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: PCNNo,: 004345 oq o~ UDD IQLD The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the Iy-llj day of " Dci d)E:f ,20m and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the {).frh day of ookb?( , in the year 2od!f. Sealed and delivered in the presence of ,-druvw=~J ( ~MIJ Witness SI ature \-. ""'" ~'l8\h""'" '""L\C>'-, E', Print N ~ Witne gnature Pnnt Name ~ ~-'J?m,14L Vt.uh4~ Owner Signature €-- JillteAlI\I{~ Va.d/tJ//\/r Print Name , ~- I, .fA fr,J STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ~. FOREGOING INSTRUMENT ~as acknowledged before ~l} day of ie ~ , 2~, by Z:-d~dIlJlt'€nnlst' \lOll and r n~ , who are known to me or who have prn""~('d . , as identification and who did/did l1~t take an oath. NOTARY PUBU~.sTATE OF FLORIDA (Ill t:L IlL')lQ (1 N W J- ~Jl}j11alll ........"... Cathenne Cherry-Guberman - 'Ii\... {W~Commission#DD792144 ~y PUBLlf (G, L \~lExpires: MAY2?,20.12 (! rlVlf h-r(~- ULX:nVUn BONDED 'l1l'l{U ATLANTIC 20NDI}lI,. CO., 1.:,. . Type or Pnnt Name Commission No.it bDlq~L4L/ My Commission Expires: 1',KU-I~t')1 .9J5id- S:\CA\AGMTS\Water Service\power of atty. doc - 1-6-06 H:\1990\900182.BB\AGM1\Power of Attomey-Ind 1-6-06.doc OnPoint Map Viewer Page 1 ofl fit Utilities Department Theme: I Surf ~ Map Search Results I Advanced Tools IG Pictometry II + - J.t II - i'" . il " !i Ii 11 a ldeniify I I ii , lu dentify , ~1lt " _ ~--dJjgbJand-R-d~~,---,_'-c_,-_, --if- ,...c......,-- ..._ -co; ~..._u -<1)- -- n I ~ 166 " II -- ;! H " 19ator I. I II P'.c.'l il <J ..:.. l> C] Selection List l> <:7' A I! I. Parcels ~rlI~~H II , ~ Check All ,I II " ~ 004345090800010W " "--- - ,,', _-Ridge-Rd __c- _ ..L Total: 1 items - T " Scale l:jWOO I~ 6l6l6J l,vPOiNf http://web2/utilities/WebPages/Map/MapViewer.aspx 10/14/2009 Structural Detail Page I of I Owner Name: VAILI..ANT EDNER peN Number: 00-43-45-09-08-000-1010 Building Structural Data and Drawing are for the Current Tax Roll. BUlLDINGl Structural Element for Building 1 1.Ext erior Walll CB STUCCO 2. Year Built 1958 Subarea and Sq. Footage for Building 1 3.A ir Condition Dese. NO HTG/AC No. Code Description Sq, Footage 4. Heat Type NONE 1. BAS BASE AREA 726 5.H eat Fuel NONE 2, UST UNFINISHED 72 6. Bed Rooms 1 STORAGE 7.Ful I Baths 1 3. UST UNFINISHED 24 STORAGE 8, Half Baths 0 erior Wall 2 N/A 4. UCP UNFINISHED 140 9.Ext CARPORT 10. Roof Structure FLAT SFB SEMI FINISHED 11. Roof Cover ROLLED COMP 5. BASE AREA 120 12. Interior Wall 1 PLASTER Total Square Footage: 1082 13. Interior Wall 2 N/A Total Area Under Air: 846 14. Floor Type 1 CARPETING L-,.~,:.J 15. Floor Type 2 N/A 16. Stories 1 Extra Feature Description Year Built Units No Extra Feature Available Detailed Land Information Land Line # Description Zoning Units Acres 1- SFR RM 1 0 L .~.tQ..~ L.u...,.",QfiIII. 'k_~ L__-....l~~.....".""'..J ~ ~"..</i!.o- R('cnrr! S';drch I (:.xernptlon F.+ile [Information I Fx('rnptions I (ornmunlty I Employment I New Home 8uyer I Office Locat:ons Value M]iJ<;;t.ment Board \ Sqve {)Ul homes I Senior Corner 1 Disclaimer Home I Links I Glo,;;sary I FAQ I Forrl.\s I Conti:lct U$ I f>APA (~) 2009 Palm Beach County Property Appraiser. r-~- 4, http://www.co.palm-beach.fl. us/papa/aspx/web/detail_ inf02.aspx?p _ entity=004 3450908000 I 0 I O&Owne... 10/12/2009 All Owner Page I of I All Owner(s) peN Number: 00-43-45-09-08-000-1010 Owner Names VAILLANT EDNER lit VAILLANT JULIENNISE L ,~' fl:!Vt., I I"., "','. "S;!~k =.,1 http://www.co.palm-beach.f1.us/papa/aspx/web/aIlOwner.aspx?entity _id=0043450908000 I 0 I O&Owner _'" 10/12/2009 The Citg ol Bognton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.f1.us www.boynton-beach.org MEMORANDUM TO: Pete Mazzella Deputy Director of Utilities FROM: Janet M. Prainito, CMC City Clerk DATE: December 7, 2009 SUBJECT: R09-164 - Agreement for Water Service Outside the City Limits Attached for your information and files are copies of the executed agreement and the Resolution mentioned above. Since the agreement has been fully executed, I have retained the original for Central File. Thank you. ~'m.~ Attachments (2) (Signed Agreement & Resolution) C: Central File 5:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2QQ9\Pete Mellelln R,Q9-G66.00c America's Gateway to the Guljstream