R12-076 1 RESOLUTION NO. R12- 01G
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 SOUTH RIVER
9 DEVELOPMENT, LLC.; 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 1145 Highland Road, Lantana, Florida (PCN: 00- 43- 45 -09-
15 08- 000 - 0730); and
16 WHEREAS, the parcel covered by this agreement includes a single - family home
17 located in 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 now
19 requests that the City provide potable water in the future; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 property.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 ' hereof.
27 Section 2. The City Commission hereby authorizes and directs the Interim City
28' Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida
291 and South River Development, LLC., a copy of said Agreement is attached hereto as Exhibit
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2 Section 3. This Resolution shall become effective immediately upon passage.
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3 PASSED AND ADOPTED this 41 day of August 2012.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
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10 Mayor — W a odrow L. •
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13 • e� o a • ac, ► f ra
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16 Co 'ssio
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18 •,ter /' /� /�/ ._
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22 ommissioner — Marlene Ross
23 ATTEST:
24
25 Pita.LAt
26 S ,
27 Ja • t M. Prainito, MMC
28 ; ' ty Clerk
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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
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
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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)
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/ITNESS: CORPORATION AS OWNER(S):
Lb c; By: _S� Ri er veto ment, LLC
Witness Signature Its: YC,
Susana Hernandez Patrick S. Free, President
Printed Witness Name Print Name and Title
((i .CC -
Witness Signature
Dawn Celona {CORPORATE SEAL}
Printed Witness Name
ATTE$T111
Secre
James Cooper
Print Name
FOR CORPORATE NOTARIZATION:
STATE OF _Florida )
)ss:
COUNTY OF Palm Beach County )
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 Shawn P. Free as
Owner of South River Development, LLC named 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 Stat last aforesaid this 24 day of
July , 2012. &.6e/ /44
NOTARY PUBLIC
Karen Castano
Printed Name
My Commission Expires: NOTARY PL ,, IL YLORIDA
, Karen Castano
.; Commission #DD947247
,, Expires: DEC. 27, 2013
BONTEDTI R CATI &' CBDIMItiGCO,INC.
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
_SOUTH RIVER DEVELOPMENT, LLC (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
By:
Lori LaVerriere, Interim City Manager
ATTEST:
City Clerk
(SEAL)
Approved as to Form:
City Attorney
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 Lori
LaVerriere, Interim 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 day of
, 200_.
(Notary Seal)
Notary Public
My Commission Expires:
5
THIS INSTRUMENT PREPARED BY
James A Cherof, Esquire
City of Boynton Beach
100 E .Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Patrick S. Free, as Corporate Representative of South River Development, 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.: 00434509080000730
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 24 day of
July , 2012_ and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 24_ day of
July , in the year 2012_.
Sealed and delivered in the presence of
, h �� C E Corporation Name: South River Development, LLC
Witness Signat e' i
Susana Hernandez By:
• Amil ,arir�
Print Name
/1 Print Name and Title: Patrick S. Free, President
W itness Signature ATTEST
Dawn Celona
Print Name Secretary, ames.eper
Corporate Seal:
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 Patrick S. Free
as owner of South River Development, LLC named 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 24 day of
_July 2012_.
C‘ f ) l�
NOTARY PUBLIC
Karen Casatno
Printed Name NOTARY p, r' OF FLORIDA
My Commission Expires: "" t*:�;re 1 astano
y Commission # DD947247
Expires DEC. 27, 2013
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Page 1 of 1
1. .; ;.. Y r 11: l _ A c PAPA ■
7 �� t I
, , " 1113 ,14
Location Address 1145 HIGHLAND RD
Municipality UNINCORPORATED
Parcel Control Number 00 43 45 09 08 000 -0730
Subdivision RIDGE GROVE IN
Official Records Book 23046 Page 172
Sale Date JAN -2009
Legal Description RIDGE GROVE LTS 73 & 74
Mailing address
Owners
2976 LARK RD
!SOUTH RIVER DEVELOPMENT LLC i WEST PALM BEACH FL 33406 7646
Sales Date Price OR Book /Page Sale Type Owner
JAN -2009 $10 23046 / 0172 QUIT CLAIM SOUTH RIVER DEVELOPMENT LLC
APR -2003 5103,000 15171 / 0172 WARRANTY DEED FREE PATRICK S
MAR -2001 520,000 12381 / 1661 QUIT CLAIM AUSTIN LARRY
NOV -1995 575,000 09009 / 1208 WARRANTY DEED
FEB -1989 $48,000 05990 / 0231 WARRANTY DEED
12
No Exemption Information Available
Number of Units 1 Total Square 1577 Acres 0.15
Feet
Use Code 0100 - SINGLE Zoning RM - Multi - Family (Medium Density) (00-
FAMILY UNINCORPORATED )
Tax Year 2011 2010 2009
Improvement Value $22,828 522,828 557,619
Land Value $6,000 515,485 $43,013
Total Market Value 528,828 538,313 $100,632
All values are as of January 1st each year
Tax Year 2011 2010 2009
Assessed Value $28,828 $38,313 $100,632
Exemption Amount $0 $0 $0
Taxable Value $28,828 $38,313 $100,632
Tax Year 2011 2010 _ -- - -- 2009 V-- -- - -_ �
Ad Valorem $565 $757 $1,917
Non Ad Valorem $313 5301 $276
Total tax $878 $1,058 $2,193
http: / /www.co.palm- beach. fl. us / papa / Asps / PropertyDetail /PropertyDetail.aspx ?parcel= 004... 7/23/2012
'/23/12 www.sunbiz org - Department of State
1 . ()RI Dr. MK, VLN 1 01 51:11 r
Dr\ \(li \
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Detail by Officer /Registered Agent Name
Florida Limited Liability Company
SOUTH RIVER DEVELOPMENT, LLC
Filing Information
Document Number L09000016756
FEI /EIN Number 264240100
Date Filed 02/19/2009
State FL
Status ACTIVE
Principal Address
2976 LARK ROAD
PALM SPRINGS FL 33406
Mailing Address
2976 LARK ROAD
PALM SPRINGS FL 33406
Registered Agent Name & Address
FREE, PATRICK S
2976 LARK ROAD
PALM SPRINGS FL 33406 US
Manager /Member Detail
Name & Address
Title MGR
FREE, PATRICK S
2976 LARK ROAD
PALM SPRINGS FL 33406
Annual Reports
Report Year Filed Date
2010 05/01/2010
2011 04/19/2011
2012 04/17/2012
Document Images
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ii
Water Service Agreements Outside the City of Boynton Beach Limits
\c. (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
1. 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.
❑ Correct example: John R. Customer and Alice D. Customer
❑ 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 1 ST AND S TUESDAY OF EVERY MONTH)
Sincerely,
Anthony M. Penn
Customer Service Manager Utilities
Owners Information
Owner's Name: South River Development. LLC
Mailing Address: 2976 Lark Road Palm Springs, Fl 33406
No. & Street City State Zip Code
Telephone No.: 561.742.3049
Property Information:
Address: _1145 Highland Rd, Lantana, Fl. 33462
No & Street C:ty State Zip Code
Property Control Number (PCN) 00434509080000730