R04-0551
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RESOLUTION NO. R04-O~'fi"
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND JUNE M. JONES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
water and sewer service area, for the property located at 1192 Peak Road, Lantana, Florida
(Lots 242 & 243, Ridge Grove Addition 1); and
WHEREAS, the parcel covered by this agreement contains a single-family home, and
are located in the San Castle/Ridge Grove project area; and
WHEREAS, only potable water is available for connection to the property at this
time due to recent water main improvements constructed by Palm Beach County as part of a
neighborhood improvement project;
WHEREAS, City policy requires annexation of the property to be serviced at the
earliest practicable time, as a condition of the granting of water services outside its
jurisdictional limits; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Manager is hereby authorized and directed to execute a Water
Service Agreement between the City of Boynton Beach, Florida and June M. Jones, said
S:\CALRESOX. Agreements\Water ServiceXJones Water Service Agr.doc
1 Agreement being attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this oqo day of April, 2004.
CITY OF BOYNTON BEACH, FLORIDA
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S:\CAXRESOXA~eements\Water Service~Jones Water Service A~.doc
Name
Address:
IIIIIIIIIIIIIIIIIilllt
20040255400
BK 16916 PG 0675
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
Office of the City Clerk
City of Boynton Beach
P. 0. Box 310
8oynton Beach, Florida 334?.5
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
dTHIS AGREEMENT made on this i~O dayof Rp.r;I ,200t4 , by and between.
~. ~. ,~Jofx~ 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 abihty 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 fi.om
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 Qustomer with water service fi.om 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 /, ~ 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 conforrr~ance with all codes, rules and regulations
i
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 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 fights-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.
9. Annexation is intended to be and is hereby made a covenant nnfiling 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 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
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 unIess 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.
~--~0IN WITNESS WHEREOFi the parties hereto have set their hands and seals this ~ dayof
rt.u~_~] ,200_~.
WITNESS: INDIVIDUAL(S) AS OWNER(S):
Witness Signature
Printed Witness Name
Printe~i ~ess Name
~ Owner Signatui~
dune
Printed Owner Name
3
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Wimess Signature
Printed Witness Name
FOR INDIVIDUAL (S) NOTARIZATION:
STATE OF FLORIDA )
) SSi
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
· ~.Jctr~ ~'4....JO~$ 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 proofofidentifieation: 3fi;~ ~g185 ~ ~75q ~
~_~_.., WITNESS myhand and official seal in the County and Statelast aforesaid this
,200
(Notary Seal)
Expires June 30 2006
WITNESS:
__ dayof
~lot&'y Public
CITY OF BOYNTON BEACH, FLORIDA
ATTEST: -
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL (S) NOTARIZATION:
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
,,Jtl_r~ }4.. J0~15 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 proofofidentification: ,3 ~O ~/~l~ s~ ~Tff~ ~
WITNESS my hand and official seal in the County and State last aforesaid this
,2oo
(Notary Seal)
My Con~n~J~ DD130025
~c~) ~ Jun~ 30.
WITNESS:
__ day of
Not~'3t Public' '
CITY OF BOYNTON BEACH, FLORIDA
ATTEST: ·
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
~t~f ~-X.~ ,~z~ , Mayor and ..-.~e/ ,/b, ,~/r2//0 , 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 fi:eely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the tree corporate seal
affixed thereto is the tree corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this ~8 P~day of
/ ,2oov.
(Notary Seal) ,,~.]~?~,,. Barbara M. Madden
'";'~,o,~,~'~ mantle ~ou~sCo..~c. Notary Public
City Attorney
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THIS INSTRUMENT PREPARED BY:
_J~.~_._~_ & G~n, P.A.
Suite 200
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF *'~RI-I,4 "~~
I/We, J ~n~_ ~'~. --~n~_ ~3 , 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: ~¢,g 0(~ t~ ~ '-~5" {~ci 0 c/{)O0 g Yo~)
The powers and authority of my attorney, THE CITY OF 'BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the c~/~(o day of
'~plC~O_r-~ , 20o~. and the powers and authority shall be irrevocable
by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~
day of "~e.[ r~t~",J , in the year two thousand and o ~
Sealed and de~livered in the presence of
Witness Sil~ture
~ e~-?-/ L.
Printed Witness Name
%
.~nc,.t
Witness Signature
.S' u~l}lO CoLe/
Printed Witness Name
O~.er Signature
Printed'Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
of
,J sa, o q~
THE FOREGOING INSTRUMENT wasi acknowledged before me this c~ (o day
~--]orc~'~u , 2004, by .~b~'~e''' 1,4.._~9n~-5 ' and.
I , who are known to me or who have produced
~4'5 .5~10 , as identification and who did/did notion oath.
Ni::)'~ARY P. UBLIC /~ '
Type or Print Name
Comrnissi6n,.,No.. ~ b !-_~_-')~,_~ ·
My c~ D0~30026
My Commission Expires:.
POA. IND
1 in. = 217.9 feet
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BROWN RD
mm
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m
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Location Map- Exhibit "A"