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R99-080 RESOLUTION NO. R99-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO .EXECUTE AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXTION BETWEEN THE CITY OF BOYNTON BEACH AND JOE FEARNLEY, TRUSTEE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property ms located at the Southeast Corner of Military Trail and Coconut Lane, in the unincorporated portion of our service area within Palm Beach County; and W~EREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services ouEside its jurisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and Joe Fearnley, Trustee, said Agreement being attached hereto as Exhibit "A" Sectio~ 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of July, 1999. Mayor Pro Tem Comm~i s s i~ne r City Clerk HIS INSTR~ENT PREPARED BY James A. Cherol, Es~re gosias & Goren, P.A. 3099 East Commercial B19d Suite 200 Ft Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this /~7~ day of ~ , 19 99, by and between Joe Fearnley, Trustee 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 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: ORB 1 1858 P~) 1481 1. The City agrees to provide Customer with water service from its Municipal Waner System to service the real property described as follows and which Customer re~resents is owned by Customer: .~ .~ ~ ~.t ~.~ ~c~ ~ 2. The Customer and the City hereby agree that there are 7 Equivalent Residential Connectmons which City shall service. 3. The Customer agrees no pay all co_sts 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 installation and maintenance of water service lines upon the Customer's premises. Ail 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 cosns 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 pursuan~ to this Agreement shall be used only by the Customer, unless writfen consent is granted by the City of Boynton Beach for other parties to connect. Ail 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 v&sted 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. The Customer acknowledges that this covenant regarding 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 ~n 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 08 11~50 P~ 140~ 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. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 7r~ day of J~e_. , 199~. (As to owner) INDIVIDUAL (S) AS OWNER (S): ~rint--name) -- FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an office~ duly authorized in the State aforesaid and in the CounKv afQresaid to tak~ acknowledgments, personally appeared ~_ ~7.~$~ to me known to be the p~rson~ described in and who executed the foregoing instrument that he/~ acknowledged before me that he/Igl~ executed the same; that the individual was personally known to me z ~ -,--' ' ~ ,- . .,' _.- - [, i- e -~c-<_ - - i.-'"~_~~~ WITNESS my hand and official seal in the County and State last aforesaid this '7~ day of ~- , 1994 (Notary Seal) My Commission CO~;~04~O .~.~-~-~ .~ Exp~es Aug. 27. 2000 Nltaryu Public O~ 11~0 P§ 1404 WITNESS: r '/. STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH) CITY OF BQY~TQ~ BEACH, FLORIDA 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 ~4/~ f. /~£~~ , Mayor and ~g-/~/27. /~ 2~/~ , City Cl~rk 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 /~dF~ day of ~.T~/~ , 199~. (Notary Seal.~w,~. ~arbara M:~M,,a~d~.e~.. ~ ,~ ~ ~ Expires Ju~/19, :zuuz -e 9F'~N" ATLANTIC ~0NOIN~ ~-' Approved as to form: City Attorney Notary Public Legal Description Approved: JAC/lms 900182 12~12~95.rev WATERSRV.1 5 unsa~!sfac.?,o,7 '¢ahen re-~elved. 08 11850 P~ 1485 DOROiHY H. WILKEN, CLE~ PB COUNTY, FL LEGAL DESCRIPTION 'rThe West 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of ection 1, Township 46 South, Range 42 East, Palm Beach County, Florida; LESS ght-of-way. ~IS INS~ PREP~D BY: James A. ~erof, Es~ire Josias & Goren, P.A. 3099 East Co~ercial Blvd. Suite 200 Ft. ~uderdale, FL 33308 Ju!-23-t999 03:17~m 9'~--30 1 1 6 ! ORB 1 !~0 Pg 140~5, IIiil II II! II II! II III II Iil II III II III II III II III II III I t111 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) TATE OF FLORIDA IOUNTY OF PALM BEACH I/We, Joe Fearnley, Trustee , 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 ~he 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: A parcel of land located in Palm Beach County, Florida, being the West one-half (W1/2) of the Northwest Quarter (NWl/4) of the Southwest Quarter (SW1/4) of the Southwest Quarter (SWl/4) of Section One (1), Township 46 South, Range 42 East, Palm Beach County, Florida, LESS and any right-of-way. ORB 11250 Pg 1407 DORO]HY H. WILKEN, CLERK PB COUNTY, FL The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the , /~-/~ day of ~/~ , 19 99 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the 7~g day of ~^~, , in the year one thousand nine ~undred and ninety ~Se~e~ and delivered in the presence of ~it-ness /~ Z2.//--/.~ ~'f//'/'-'~ Pr~name ~' / - ~itness Witness Print name ~TATE OF FLORIDA ) ) ss: ~OUNTY OF PALM BEACH ) THE~_OREGOING iNSTR~4E~ was acknowledged before me, this 7 ..,"~~--, who ~ known/ to me ~ ~~-'1 - ~ , - . '. -~ -' ' ~ ~ ' -: and who i~/did not take an oath. Richard W C=rlson,Jr My Commission CC580450 ~pir~ Aug. 27, 2~ NOTARY PUBLIC Ny Commission Expires: pOA. IND Type or Print Name Commission No.