R04-1471
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RESOLUTION NO. R04- 1~4'~
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORDA, 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 ANYA GROUP, INC.; 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 3445 N. Federal Highway, Delray
Beach, Florida (parcel located in Government Lot 1, Section 4, Township 46 south, Range 43
east); and
WHEREAS, the parcel covered by this agreement is proposed for redevelopment to
include one single-family home located on North Federal Highway in unincorporated Palm
Beach County; and
WHEREAS, currently a water main exists in North Federal Highway allowing for
service to this parcel. Sanitary sewer improvements required will be constructed either by
this applicant or by other developments.
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 ANYA Group, Inc.,
which Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
,S:\CA\RESO~'&greements\Water ServiceX, ANYA Group Water Service Agr.doc
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PASSED AND ADOPTED this I day of September, 2004.
CITY OF BOYNTON BEACH, FLORIDA
~sioner
19 ' /
20 ".¢a,~ ~n ~~
21 -
22 (City//Clerk
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S:\CA\RESO'.Agreements'\Water Service\.ANYA Group Water Service Agr.doc
111"1111I111"111111"11111"1"~lIlml~ 1
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CFN 20040580123
OR BK 17627 PG 0968
RECORDED 10/13/2004 08:40:27
Palm.~each County, Florida
Office of the Citv Cler~ Dorothy H Wilken, Clerk of Court
f'J'ty f D t -8 Pgs 0968 - 976; ( 9pgs )
OJ 0 IJoyn on each
P. O. Box 310
BoyntofJ Beach, Florida 330
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AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
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f) THIS AGREEMENT. made on this 7 dayof _~td..h\~'" .200~_,byandbe,tW~~;2
~k~ ::rue.. h~he "Customer", and the':~
CI OF BO 6N 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:
I. The City agrees to provide ~stomer 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 2..0 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 confonnance with all codes, rules and regulations
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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 onlyby 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 fi-orrl 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 volimtary petition for annexation. CUst. omer 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 ofiany 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 righ~ as set. forth herein. The Customer acknowledges that
the consideration of initially connecting to the. City's water supplyis sufficient to support the grant of.
the power of attorney any subsequent diseounection 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 mnhing with the land
described in paragraph 1 above. This Agreement and the power ofattomeyreferenced 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'~.d 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 fi.om 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. ~
~,~~ WITNESS WHEREOF,Jhe parties
Witness Signath~
Printed Witness Name
hereto have set their hands and seals this ]~ay of
INDIVIDUAL(S) AS OWNER(S):
Owner Signature
3
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
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17>~ If/. to me known to be the
person(s) describcil in who executed foregoin instrument that he/she acknowledged before
me that he/she executed the same; that the individual was ersonal y known to me or provided the
following proof of identification:
J~~ayof
WITNESS my hand and official seal in the County and State last aforesaid this
~~ ,2004
(Notary Seal) ~4& ~~A-UG
~ Fred Juliano
. . My ComrntuIon 00227401
~ ~ Expere& June 21.2001
Notary Public
WITNESS:
'-/7J~~~
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CITY OF BOYNTON BEACH, FLORIDA
~~/-Ic~/
(1 Mayor' r/
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ArrEST:
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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
J t:(l.iLf T t1. (j/ 0 R , Mayor and '1- ~ t1 i i r\t ' f etA:. / n it 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 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 j"3 day of
S'i: (J-t- 'i m h l~ , 200:{.
I
(Notary Seal)
, . ~ n .... ~
'vt!L,tu.,~ ~'- ' l {,( .J..Ju......
Notary Public
",\IV~'II, Barbara M. Madden
$~W~ ~~:.~~ Commission # DD125274
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i~ lei Expires July 19, 2006
;~ ~ Bond<<l Thru
~4,Y.t~"" Allantl.c Bonding CO., Inc.
Approved as to form:
~~ 'f\~O'
~ City Attorney
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THIS INSTRUMENT PREPARED BY:
James A. Chemf, Esquire
Jost~s & Gomn, PA.
3099 East Commercial Blvd.
Sure 200
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF/~
make, ~nstit~e, and ap~int THE CI~ OF BOY.ON BEACH, FLORIDA, tree and
la~ul a~omey in fa~ for Grantee and in Grantee's name, place and stead, for the sole
pu~se of exec~ng on ~haE of Grantee ~e ~wer to inEiate, main~in, and ~mplete
a volunta~ pet~n for annexa~on of the mai pmpe~ descHb~ heroin into the CI~
OF BOYNTON B~CH. ~is ~wer shall e~end to ~e CI~ OF BORON B~cH
~11 and ~mplete a~o~ to a~ on Grantee's behaE to ac~mplish annexation by any
available means. ~e real pmpe~ ~ich is ~e subje~ of this ~r is descHb~ as
The poem a~ au~o~ of my affomey, THE C~ OF 'BOY.oN B~CH,
FLORIDA, shall ~mmence and be in full rome and effe~ on the ~ ~ day of
· ~ , 20~ and the ~wem and a~ shall be i~ble by
v
Grantee. "
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of ~'/~ , in the year two thousand and ~
Sealed and delivered in the presence of
'~t' ~ -- . 6wner Signature
Printed Witness Name
Witness ,~'ignature v
Printed W~ess Name
Pdnted' Owne¥'Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
,F. OREGOING INSTRUMENT ~as acknowledged before me this /,~"~ay
or_ ~.__,~' . 2oz)~. by. /¢~- ~',~. j ~-- . - and.
"~.J')~,~#_~,'c~,' , , who _are/known {o me or who have produced
-,~._~xh~,~.[_.[~/' K~t~,,~i , asidentificatiorAand who did/did not-take an oath.
1 ---J '~ ' '-~ ~ ~ '
· - 'NOTARY PUBL4C
Type or Pdnt Name '~t-~' ~'~.~"~.~'-'
Comrnissi6n'.,No.
My CommissiOn ExpireS:.
POA. IND
1 in. = 150.1 feet
0620
0320
0150
0171
0590
O38O
3445 N. I~leral Hwy.
0340
0350
0260
0070
0040
0440
0430
0420
0560
2 0551
0531
0541
0530
0020
0020
0031
0041
0590 0771
0601
0751
0520
0170
0060
0621
064O
0731
0721
0701
0030
0651
0180
OO90
0100
0671
0690
:)040
0060 0160
0150
Location Map- Exhibit "A"
O790
0800
0810
0830
0851
0871