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R07-067 II 1 RESOLUTION NO. R07- o~ 7 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 8 CITY OF BOYNTON BEACH AND TOM AND LISA 9 RISPOLI; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 3901 89th Road South, Boynton Beach, Florida; and 14 WHEREAS, the parcel covered by this agreement includes a single-family home 15 located in the unincorporated portion of the City's utility service area; and 16 WHEREAS, a water distribution main is already existing allowing for the service to 17 this parcel; and 18 WHEREAS, no additional construction will be required by the City to serve this 19 property. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission hereby authorizes and directs the City Manager 26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Tom 27 and Lisa Rispoli, which Agreement is attached hereto as Exhibit "A". 28 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Water Service\Rispoli Water Service Agreement.doc II II 1 2 3 PASSED AND ADOPTED this ~ day of July, 2007. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Attest: 24 25 26 27 28 29 30 (Corporate Seal) S:\CA\RESO\Agreements\Water Service\Rispoli Water Service Agreement.doc ~ -10.' Ii: :e of fue City Cler~ city of Boyrton Std l . U. Box 310 ""~ ' [oynton ~_aTPREPAREDBY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IIIII~IIIIIIIIIIIIIIIII CFN 20070351198 OR BK 21956 PG 1434 RECORDED 07/20/2007 16:16:44 Pal. Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER Pgs 1434 - 1444; (11pgs) 'Ko7-o b 7 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this 1~~daY of -'\It A1Z-<:. k , 200 ~ by and between -rOM 11-15(,\ t2.;SfE' Ii - hereinafter called the "Customer", and the CITY OF'BOYNTON BEACH, a muruclpal corporatIOn of the State ofFlonda, heremafter 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~Yf~I~t~n ~fli!~nance of water service lines upon the Customer's premises. 3JI-L:lO S. ;,nrnJ JUly (' 1 HJV38 HOHI)..,08 ,JO f.J.IJ 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 cons!itute 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. 2 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 the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 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 a.dditional 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /ei"-dayof M ~a.(..,"" , 2002. WTINESS: ~ ~~es1), ~ Witness Signature' ~~M.~S \) .TOfLD Printed Witness Name INDNIDUAL(S) AS OWNER(S): ~~,~ Owner ignature - IDtv\ 'R \$ POL-', Printed Owner Name ~?~ Wi ess Signature ~ ,<-,/A./[)# h. hRD Printed Witness Name w 11- r'\ E::7S : "?} ~~ \)Jl~ne:.~s ?Iq I\Oc+U ~ 'L~-r'f-. ~. \~Pc '"Y\f.S 3 912 IY\ -reQ W 1\"'f.55 \.j PcMt ~PlWt0l) ~cl Witness Signature ~~tv\~ \).~OiU) Printed Witness Name ~~o~ i ss Signature L\zi{# Owner Signature . "" L-l5 A e.'SPOt....I: Printed Owner Name //,up.;J E. h~ Printed Witness Name VJ I TY\~ ! ~~ W\:r~~1 ?/yt\~U(l.~ ~ A-t- cz.. ~. H-I>c~ \ r'\ ~ ~ ~ Q.,V\,E,lQ w \~".eS.s f\ PrVv\ ~ FOR INDNIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that 9n this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ~()1V\ IL(~ POI,'L frA'O L-I$t>r t2-IS POL-:{:"- 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 individual was personally known to me( or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this jB ~daY of -M ~ ,2005" (NOli) lamIID. Ford . MY COMMISSION' DDJ6I465 ERES 'NcMmbet 1B, 2001 ." IONDIll '*I'IWOV PAIN MllWQ JHC:. ~ PrfV\e51> ~cL Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager A TIEST: City Clerk 4 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 in the County aforesaid to take acknowledgments, personally appeared , 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. WITNESS my hand and official seal in the County and State last aforesaid this ,200_. day of (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire 3099 East Commercial Blvd. Suite 200 Ft. lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF VDr\t\^- ~~tL.... I/We, "-OM ~lSpDII" f(';\'() L,SPr ~~. 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 avanable means. The real property which is the subject of this power is described as follows: 00 tl3 t;r,,.. 00.000 7'''0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the le~ day of _MA--e.Gh. ,2oMand the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the l,fP ~ day of M f>r-Vl.G.~ , in the year two thousand and ~l lJ'cz.... . Sealed and delivered in the presence of ~~E:S 'D ~&- Witness Signature ~\~MtGS~. ~OQj) Printed Witness Name ~ ~~ / Itnes ignature ,t,/:.u~A ~ h~ Printed Witness Name ~_?c- ~ Owner Signat~ --=rcLM 12 17 P t) J... I Printed Owner Name ~Ptvv\~ 1>~&- w~~~~~1>.~~ Printed Witness Name ~>~~ Wi S5 Signature L/A.//)# 6 h~ PrintecrWitnes5 Name L,{7 Pr (215POl-T:. Printed Owner Name W rft'\6' 5 . ~ /){~~ WI~~~S ~(7nA\UeL STATE OF FLORIDA ~ A-ti, ~. r\~'i\6S pel'sreb \)J 1-\ne5s ,,~~ ) ) ss: COUNTY OF PALM BEACH ) THE FOR~GOING INSTRUMENT was acknowledged before me this 'B~ day of --,,^~u.l-+ , 2015., by 1'""OtJ\. (Ll$()ol..1:" and Ll~ 1).. Q.I~ PD ~ , who are known to me or who have produced , as identification and who did/did n~ oath. )~S 1), Jl NOTARY PUBLIC Type or Print Na . Commission No. ij\ . November 11, 2007 80NIlID 1lW 110\' PAIN IIlMlIAIQ lie My Commission Expires: POAIND Palm Beach County Property Appraiser Property Search System Page I of 1 Location Address: 3901 89TH RD S I VJMu u... I -, '" '~ . Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-18-00-000-7100 Subdivision: Official Records Book: 11317 Page: 1938 Sale Date: Aug-1999 LegaIOescriptic>n: 18-45-43, S 220 FT OF E 90 FT OF WLY 601.10 FT OF SW 1/4 OF SW 1/4 Owner Information Name: RISPOLI THOMAS E 1",411 a-- ,u~_1 Mailing Address: 3900 89TH RD S BOYNTON BEACH FL 33436 2402 Sales Information Sales Date Book/ Page Aug-1999 11.317/1938 Dec-1991 07070/1911 Dec-1980 03437/1608 Price SaleIyne Owner $156,500 WARRANTY DEED RISPOLI THOMAS E $95,000 WARRANTY DEED $40,000 WARRANTY DEED Exemptions Regular Homestead: $25,000 Total: $25,000 Year of Exemption: 2006 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2006 Number of Units: 1 *Total Square Feet: 2712 Acres: 0.46 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assesse an Taxa e a ues Tax Year: ~QQ6 2005 ~QQ4 Assessed Value: $156.24 $151,691 $147.273 I/;i~,""",,~~ Exemption Amount: $25.00 $25 OO(] $25.00(] Taxable Value: $131,24 $126 691 $122.273 d d bl V I Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 1.A<If"Dlv,r......w-,,,1 I"",,, ,y.,n.t....,~u~<Vu# I Tax <::ollector WebSite 1"'0A-',mp"Nh./.,1 1'.D~',ILo"""'"'''''1 I "+;;"'i"'''''''0'',i;...."RBDt'''''''',"'Jh''''''CC NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Rt;~o[d ,Sear<:h I t:xernptior)E,File I InJormiltiOn 1i;)(t;mptionS I c:ornmunrty I i;mp1oymt;nt I New Hornt;Eluyt;r I Qf!'iCt;JO<:iltionS Valu<eAdjustmt;oLElogrd I SgvgOurHomes I SenIOrC:orflt;[ I PISclglfl1er Home I ~iok,; I GloS$ilJY I fAQ I F.orms I C:ontilct 1)$ I PApII @ 2004 Palm Beach County Property Appraiser. http://www.co.palm-beach.fl.us/papaJaspxlweb/detail_info.aspx?p _ entity=004345180000071 OO&geonav=... 617/2007 Structural Detail Page 1 of 1 Owner Name: RISPOLI THOMAS E PCN Number: 00-43-45-18-00-000-7100 Building Structural Data and Drawing are for the Current Tax Roll. BUILDING 1 Structural Element for Building 1 Extra Feature Description Year Built Units Patio 2000 553 UTILITY BUILDING 1979 80 POOL - IN-GROUND 2000 78 Screen Enclosure 2000 2331 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described. Detailed Land Information Land Line # Description 1. SFR 1. Exterior Wall 1 2. Year Built 3. Air Condition Desc. 4. Heat Type 5. Heat Fuel 6. Bed Rooms 7. Full Baths 8. Half Baths 9. Exterior Wall 2 10. Roof Structure 11. Roof Cover 12. Interior Wall 1 13. Interior Wall 2 14. Floor Type 1 15. Floor Type 2 16. Stories WOOD SIDING 1979 HTG & AC FORCED AIR DUCT ELECTRIC o 2 o N/A GABLE/HIP ASPH/COMP. SHG. DRYWALL N/A WOOD FINE/SOFT N/A 2 Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. BAS BASE AREA 1523 FSP FINISHED 2. SCREENED PORCH 88 FOP FINISHED OPEN 546 3. PORCH 4. BAS BASE AREA 555 Total Square Footage: 2712 Total Area Under Air: 2078 It,@>"",..........".,...'''''-,.....''',~t@,1 Zoning AR Units 1 o ImlJ\t'_lll~ 1_ ~"""~_c~/_;;I!ol Record Search' Exemption E-File I Information 'EXemptions I Community , Employment' New Home Buyer' Office Locations Value Adjustment Board I Save Our Homes' Senior Corner' Djsclilimer Home' Links I Glossary' FAQ , Forms' Contact Us , PAPA @ 2004 Palm Beach County Property Appraiser. http://www.co.palm-beach.f1.us/papalaspx/web/detail_info2.aspx?p _ entity=004345180000071 OO&Owner _'" 617/2007 Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System 007iJo 0000 00lI!) 007iJo 000iQ0 005(1 OO;W Legend CJ Parcel Bomdary I 0120 I Lot nuntler 7051) Page 1 of I Owner Information peN: 00434518000007100 .....ltV .;e '," '0 ,'...... ",'~ Name: RISPOLI THOMAS E location: 3901 89TH RD S Mailing: 3900 89TH RD S BOYNTON BEACH FL 33436 2402 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: Non ad valorem: Total: Sales Information Sales,Pate Aug-1999 Dec-1991 Dec-1980 Jan-1973 Palm Beach County Property Map Map Scale 1 :3596 http:// gisweb.co. palm-beach.f1. us/ipapagis/presentation/mapping/printnew.asp?MAPURL=http://gisweb.co .... 6/7/2007 71111 1:0 f I (,;;:'Fl.".,'C('oj [~Ift o l--r 70.. I,,., I ~ I no. L .Lo'r-- _o--l~._l 7=T711iJo T.l 73o:W 7>~ ...~. ,... ~ I.... .... ..70 [.", .... "70 .... ~1 04411 0061 0031 0001 <11271 l}24iJo < "'-,' -'~ .... .." ..70 I".~" .,,, ...:. ..., ...~, "'. "70 "" Map produced on 6/7/2007 from PAPA http://www.pbcgov.com/papa All Owner Page 1 of 1 All Owner(s) peN Number: 00-43-45-18-00-000-7100 Owner Names RISPOLI LISA P RISPOLI THOMAS E I ,,~<,. ",,~wu'''''':4~ "I ,,""" ,":"::,'IGI-, "'~"_I http://www.co.palm-beach.f1.us/papalaspxlweb/allOwner.aspx?entity _id=004345180000071 OO&Owner _ Na... 617/2007