R05-027
II
I
2 RESOLUTION NO. R05- oaf
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING THE MAYOR TO
6 EXECUTE AN AGREEMENT FOR WATER SERVICE
7 OUTSIDE THE CITY LIMITS AND COVENANT FOR
8 ANNEXATION BETWEEN THE CITY OF BOYNTON
9 BEACH AND EPARCHY OF PASSAIC AS CUSTOMER
10 AND THE HYPOLUXO HOMES LLC, AS CONTRACT
II VENDEE; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the subject property is located outside of the City Limits, but within our
15 water and sewer service area, for the 45.265 acres parcel located on the west side of Military
16 Trail and south ofHypoluxo Road; and
17 WHEREAS, the parcel covered by this agreement is currently not developed, but is
18 proposed to accommodate 177 single family residences; and
19 WHEREAS, water and sewer main extensions must be constructed by the developer
20 to serve this new P.U.D. Those lines wi!] be extended westward along the south side of
21 Hypoluxo Road from the current terminus of the utility system at developer expense to serve
22 this project; and
23 WHEREAS, City policy requires annexation of the property to be serviced at the
24 earliest practicable time, as a condition of the granting of water services outside its
25 . urisdictionallimits; and
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section I. The foregoing "Whereas" clauses are hereby ratified and confinned as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
31 Section 2. The Mayor is hereby authorized and directed to execute a Water
S:\CA\RESO\Agreements\Water service\Eparchy (Hypoluxo Homes) Water Service Agr-.doc
JAN 19 '05 11 :42 FROM:
Jan 06 ;::uuo ::::.:u..:Inn ~_.~- .. ".' ~ . ... - - - - T-m P 04/04 H42
-------"
Attorneys' Title Insurance Fund, Inc.
COMMITMENT FORM
Schedule B-ß
conuniltllO/lt No,: Agent's File Reforence:
CF-1154005 94-6
U. Schedule B of the policy or po11clOll to be iI....d will oollloin CXOeDnons to \he following matllJrs unIelilllbe same are
diep08ed of to tho satisfaclion of 1'110 underwriter:
1- Defecls. Hens, en<:umb..-nccs. Bdv~ oll1Ún8 or o1her tn<ar&, if any. crealed, fnst appelll'in¡; in the public records
<>1' atlaCbing subSC<l1<'tlt to Ibe .ffoc>tive elate hueof bnt prior to the dIIIe the proposcd I:nsured acquUes for value of
record the ....'tale or in1ðrCat or mortaase \berea.. covered by this comrnitrmnt.
Z. AnY owner and mongaacc poticies issued putsUllJlt hcoreto wi1I contain under Schedule a the standard exceptions set
folth at t1uo inside ~vct bereof pnI.... all a.fIIdavit of posaession aDd a soIilfactOlY current survey atO submitted, an
inspedion øf the premise. is ma4e. It Is dGI.rmineð Ibo _"" yoM's raxes or øpecial aø8essmcn1ll bavo been paid.
IUld it i. deter1JÚllC(i there is nortùDs of recon! wbich woald give rise to construction Ii"". which collld tIIkc priority
over \be Inl_t(l) 1nII~ hcreunc1er (wbare Iba lie.... ""auld otbcrllllse løke priority, submi!U\ioD of wainI>i l.
neces.ary).
3. Ariy ownOl' pøli~ Issued pUTlluant hereto will COI1\11iø IU'Øer Schad.dc B tba following exceptÎDn: Any adver."
uwnenhip clai", by the State oj F'lorkkl b)/ right of .ovørelgnly /0 an)' portion of the land. insUred f\erermder,
Including ,,,"merged. filled and lIt1lficlally expomllantÚ, and ltuUh "CC1Yted II) ..."h ¡"rUt..
4. Th" lio" or 011 _. for the )0'081' 2C04 and thørcat\er. which are not yet dut and payable.
5. Rigbra of Wny in favor øflbe Lab Worth Praina¡e District recorded in Deed Book 712, rag. 46J!. PubU. Ree<>rd$
of Palm 8e8<:11 COUIlIY. Florida. (1'_1 I)
6. Bu.,¡nønt to Plorida Pow"," aad Light company rcoonieð i" a.R. Book 645. page 31 ~ Public aecordö of Palm
Beach County, Florida (parce\ I)
7. Rights in favor of the Løke Worth Dnlinaae District jp O.R.. BoOk 1732. Pag" 612, Public Recordo of l'aIm Beach
eo....ty, Florid... (Parcels I and 2)
8. Rights of the Lako Woflh Drsiaase District to Cluu\ocry No. 407 os reßecte<l In O.R.. Book 6+95. pase 761. Public
Rocords of Palm DolÒbCounlY. Florida. (parcels I and 2)
9. Ease¡nerú: in ravor of Lak. Wnrtb Drsinaa' Dislriot. coorained in InstrUment rocorded December I, 19!1(), Ù1 a.R.
8DOk: 3416. Page 560,1'\Ibllo ¡\eclU'da .,cPaIm 8_h Co~l)I. Florida.
10. Rights of Way in favor of Lake Wolth Drainage District recorded in )cod Book 925. Page 235. Public Recordo of
Palm B.,..,b County. Florida. (Tract 12)
\ I. Subject!CI l\.Oad ltJ¡¡bto of W..y oV,.. the Soutb \ 5 feet of Trect 13 and noquired Draù>a¡¡e Right of Way over the
South 24.(1' feet ofT1'act \3 in O.R.. !:look 3126, pago \462. Publio Rccørda otPahn Bcach County. Florida.
I 2. Rc~1riction.s. conditions. tllscrvadono.. ....omoøla. ....d ..tiler matters cnntained on the Plat of AJnended Plat ot
Soctian 12, Townahip 45 South, IUDS- 42 Bast Mary A. Lyman, at aI. as rDcorded in plat aDak 9, Page 74, 1'I1bli"
Records ofpa1rn B....h Coqnty. Ploriòa,
13. Terma, ()ovenanlll. oonditons. tnd olber malletS contained in soy unrecorded 1....<>(.) and all filMS
thorcunder/lesaoe(8) BI1d of any penon. claløUn& by, through or under the \cSsco(8).
P.,.,. C·SCH. B·lf
(n&'I, $194) DØuDloTlmd
I I I I II
...
1 in. = 295.7 feet
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1 in, = 295.7 feet
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2 RESOLUTION NO. R05- (';¡ 7 I
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING THE MAYOR TO
6 EXECUTE AN AGREEMENT FOR WATER SERVICE
7 OUTSIDE THE CITY LIMITS AND COVENANT FOR
8 ANNEXATION BETWEEN THE CITY OF BOYNTON
9 BEACH AND EPARCHY OF PASSAIC AS CUSTOMER
10 AND THE HYPOLUXO HOMES LLC, AS CONTRACT
11 VENDEE; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the subject property is located outside ofthe City Limits, but within our
15 water and sewer service area, for the 45.265 acres parcel located on the west side of Military
16 Trail and south ofHypoluxo Road; and
17 WHEREAS, the parcel covered by this agreement is currently not developed, but is
18 proposed to accommodate 177 single family residences; and
19 WHEREAS, water and sewer main extensions must be constructed by the developer
20 to serve this new P.D.D. Those lines will be extended westward along the south side of
21 Hypoluxo Road ITom the current terminus of the utility system at developer expense to serve
22 this project; and
23 WHEREAS, City policy requires annexation of the property to be serviced at the
24 earliest practicable time, as a condition of the granting of water services outside its
25 'urisdictional limits; and
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
31 Section 2. The Mayor is hereby authorized and directed to execute a Water
S:\CA\RESO\Agn.,.>.cments\Water Service\Eparchy (Hypoluxo Homes) Water ServÎce Agr-.doc
^-",--~._.~~~~,".,.> ."'~~_.''"'"~-;'''''''_.''''''"~''''''~'..'-''' _...,,"...........,~. '. ~,.....,.~.',',,',....>'" ...."" ..,->-.~,"""..,""--'._"'~"",,¡...-',-""-,, -,'
1 Service Agreement between the City of Boynton Beach, Florida and Eparchy of Passaic as
2 Customer and Hypoluxo Homes LLC, as Contract Vendee, said Agreement being attached
3 hereto as Exhibit "A".
4 Section 3. This Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this _ day of February, 2005.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
11
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23
24
25
26 City Clerk
27
28
29
30
S:\CA\RESO\A.greements\Water Seráce\Eparchy (Hypoluxo Homes) Water Service Agr-.doc
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this _ day of January, 2005, by and between
Eparchy of Passaic hereinafter called the "Customer", and HYPOLUXO HOMES
LLC, hereinafter called "Contract Vendee" 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, in order for the Contract Vendee to obtain zoning approval for
commercial development from the Palm Beach County Board of County
Commissioners, the property owner must be able to access water services; and
WHEREAS, the Contract Vendee only requires water service if it purchases
the subject property from Customer; and
WHEREAS, all parties recognize that this agreement is valid only upon the
occurrence of the Contract Vendee, HYPOLUXO HOMES LLC, purchasing the
property from Customer, at which time the Customer will voluntary annex into
the City of Boynton Beach; 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 /'17
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
I
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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. 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, or if the said real property has been transferred, the transferee, will
pay in advance all estimated costs thereof. In the event the City has such work
performed, the Customer, or if the said real property has been transferred, the
transferee, 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 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
2
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 transferees, 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.
II. The Customer, or if the said real property has been transferred, the
transferee, 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.
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. Customer hereby acknowledges that it has currently entered into a
contract with HYPOLUXO HOMES LLC for the sale of Property conditioned upon
the Contract Vendee obtaining approval from the Palm Beach County Board of
Commissioners and/or other municipal agencies' zoning approval for
development of the Property and other conditions.
14. This agreement shall not be effective until and unless the Customer
transfers legal fee title to the Property to HYPOLUXO HOMES LLC or its
successors or assigns in accordance with the terms of the contract referred to in
paragraph 13 mentioned above. Furthermore, no documents, including this
agreement, shall be recorded unless title to the Property is so conveyed to
HYPOLUXO HOMES LLC or to its successors or assigns. Upon such transfer of
title, this agreement shall be in full force and effect and all obligations hereunder
on the part of the Customer shall be automatically transferred and assumed by
the grantee named in the deed from the Customer conveying title to the Property
as aforesaid, whereupon Eparchy of Passaic, their heirs and assigns, shall be
deemed released from any further liability or .obligation hereunder.
15. Notwithstanding any other term or provision in this Agreement, this
Agreement will be null and void, if the Contract Vendee has not acquired the
property by IJ /J....,f 3J , 20o.~-:-
,
3
',,'_..;-~~-~ ~". - ....,-,...'._..,._......_,,,~....,.~ ' _....,~._.~...,...._;._.",.;w.<"¥.."".,,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
this _ day of ,200_.
~/~ CUSTOMER AS OWNER(S):
Witness Signature -/-Si~~~~
The Most Reverend Bishop Andrew Pataki
J.C.l., D.O.
/ ¡J~ ø-~~~
Witness Signature Secretary Signature
f/til.aMCf M·l{//.41rð;(l..
~nted Name
/,(/G- ~~
Printed Witness Name
(CORPORA TE NOT ARIZA TION)
FOR CORPORATE NOTARIZATION:
STATE OF NEW JERSEY)
) ss:
COUNTY OF PASSAIC)
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 Auf/l6.<.J'¿~.Ak.::> f/lft.<.w(A ,q- tW.k.tJJè.H/ 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: ò,;2.u.ÆY~ L{(::~ .
4
WITNESS my hand and official seal in the County and State last aforesaid
this gi¿b day of ?ylAUM~ ' 200S
(Notary Seal) ~á ~
Notary P~~A FALSETTA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MARCH 31. 2007
WITNESS: . CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
City Clerk
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 ,Mayor
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
Approved as to form: Legal Description Approved:
5
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City Attorney
1
1
WIT CT VENDEE:
I ness Si ture
P7t~ i
Charles Scardina, Mgmr
Witness s¡gnaZ
ß kel ,1.JlI's"",,,-
Printed Witness Name
(CORPORATE NOTARIZATION)
FOR CORPORATE 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 Charles Scardina 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 personallv known to
me or provided the following proof of identification:
----
WITNESS mY<rsd and official seal in t~county and State last aforesaid
this J %t.. day of I'\L)(,L'{ , 200 .
(Not"" 50,1) (>Çú,,-uL c+~
.... ii'\ Lucinda L May Notary Public
!~ . My COmmIssion 00101989
'V...t;,I ExpiIeoMan:h21,2006
6
·~ JAN 19 '05 11:4Z FROM:
~an 05 ~UU~ ~;u~nl·1 -. . ....-_. T-t97 P.DZ/04 F-54Z
...
Attorneys' Title Insurance Fund, Inc.
COMMITMENT FORM
Schedule A
Commilmen! NQ,: Bffecti"e Dale: Agent's File Reference:
CF·I L64605 DeCCll3ber IS. 2004 @ I I :00 PM 9+-6
Tile co"eralðl prov14ed by ùe OO'ID¡ Praleetlol> Letter printed 1111 the lipide covllr of this çomntlt1Dent are
eXlOnded to tbe p....'.lIed Insured(s) Identir.ed belllw.
I. PQlicy or Policies t.o be issued: proposed Amount of ÙIS\ItIII1ce:
OWNER'S: ALTAOwntl". Policy (10/11192). (lfomer. specify.) S7.~OO,643.00
Proposed InsDTCd: Hypoluxo Homes, LLC. a Florida Limited Liability CompanY
MORTGAGEE: ALTA Loan po¡;cy (10111/92), (I£olber. ~peclfY.) $
Proposed IJ¡sured:
2. The e.talel or Intercsl ill Ibc ÙII1d dcacribed Of :eferns<t to in this commitment i. a fee SÙI>ple (if other, specify same)
and ti1)e thereto is at tbe effOlCtive date hereof "..te<i in:
Eparchy ofPauaic, a non profit New JonIey corporation
3. The land referred Ix> in thi& cormnitmOllt i. described as follow",
Parcel I
Tbe Bast 112 of the Northwest 1/4 of Ibe Northwest 1/4 of Section 12. Townahip 45 South. Range 42 Ea~t,
Palm :e"""b Coupty. FIo>rida. UlSS RighI of WAY ID o..der of Ta1cing in O.R, Book 6198, Pas· 1051 aoo
Quit Claim Deed in O.R. Book 1511. Paae 1952. Public Records of Palm Beach County, FI<>ricla.
Paroel 2
An ofTracœ 12 \lId 13. of Am.nded Plar of the Mal)' A. L)f1uan þt 0.1, aul>cllviBion of Section 12. Towl1Bhip
45 South, lWIge 42 But" according to the map or pbt thereof .s recorded in Plat Bøok 9. Paa" 14, Public
R.e~rda of Pabn Beach County. Florida, beiD8 a ponion )f BIIIt 112 ot'\:be Northwest 1/4 and Southwoot 114
otmo Northwest 114 of Section 12. TI'wnsl1ip 45 South. Range 42 Baal, Palm Beach C(:JUltty. FI<>rida.
Agent No.: 7994
!Mums Ag....t:
J. l"ATRlCK FITZGEULD. P.A.
110 Merrick Way
SullO 3.B c:~_.-~
Coral Gabl... FL 33134 ~
Agent's Sißllature
Suzanuo A, Dookerty
Attorney at Law
Fom CF-$CIf. A
(rrv. 8/9'1) DoublaTlm"'"
I I I £' PllaUly ...p fJ,.ttOo'" 1\
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II I I
THIS INSTRUMENT PREPAFtED BY;
Jamé5A Cheraf, E&OWre
Jo&ies & Goren. P.A
309Q East Commercìal Blvd.
SJ.lite200
Ft. L.udeTd&Ø, Fl 33300
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporations)
STATE OF New Jersey
COUNTY OF Passaic
I/We, Eparchy of Passaic, hereinafter "Grantee", hereby make, constitute, and
appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey 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:
The powers and authority of my attomey, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the day of
, 20_ and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day 01 , in the year two thousand and
2' d E 199-EH-SOE IJd' [ìlJ~3~ZJ. LI >1:1 I ¡ÚlJd ;-['- --wÙ,: E SOoi'B¡-;:;-';¡:~
II I
~~~ in the presence of
Witness Signature Signature /
7#~ ~ æl1u .-¡- ~~ ~-L
Printed Witness N<!fTIe The MOBt Reverend Bishop Andrew Pataki
/ /I, á / . ~/ . J.C.L., D.D.
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,tness Signature
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Printed W~ness Name
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Witness Signature
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Printed Witness Name Printed Secretary! Vice Presidenfs Name
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Printed Witness Name
STATE OF New Jersey )
) 55:
COUNTY OF Passaic )
THE FOREGOING ThlSTRUMENT was acknowledged before me this ~ay
of:::ffîA/ , 20.Q.[, by The Most Reverend Bishop Andrew Patak I who is known to
me or who have produced ,l¡4t/Ø-S b{~ , as identification and who
did/did not take an oath.
ÁO~tV ~.r¿/li
NOTARY PUBLIC
bOAJAJfI ~ LSE1779 _
Type or Print Name
Commission No. __
My Commission Expires:
POA.IND DONNA FAlSETTA
NOTARY PUBlIC OF NEW JERSEY
MYCOMMISSION EXPIRES MARCH 31. 2007
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£' cJ £ 199-£1010-50£ I,Jd' a,I,J~:3SZl u ):J ièiJ.-¡j.¡-:·~-~,¡dG":£ 500G 8 I ue['
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JAN 19 '05 11:42 FRO~:
Jsn 06 k:UUO ;;:J;u.;;ann -. . ... . - - . T-m P 02/04 F-542
Attorneys' Title Insurance Fund, Inc.
COMMITMENT FORM
Scbedule A
Commitment No,: Effective Date: Agent's File Reference:
CF·1164605 Deœlnber 15, 2004 @ 1 I :00 PM 9+-6
The gov.rap. pro....4ed by tbe Clø.1Dg PrØteedØD Letter printed OD the 1IIIIde cover of tbls eomllÚtlDellt are
extended to the p....po.eci IJulU'lld(.) Ideplir..,¡ below.
\. Policy or P o\icies tD be issued: J'1'OJOsed Nnoum of \DBUtaI1Ce:
OWNER'S: ALTA Ownor'. Policy (10117/92). (If other, specify.) $7,500,643.00
Propo.ed lnaurcd: Hypoluxo Homes, LLC, a Florida Li11lÍted Liability Company
MOR-TOAOHB: AL T A Loan Policy (10111192), (If olber, specify.) S
Propo!lOd Insured:
2. The e.laII> or interest in liIe !4nd cl=sçribcd or referred 10 in this commitment is a fee GilDple (if other, specify same)
and titJe 1bcreto is at the effective date hereofv..ted in:
Eparchy ofPu.iÌc. a n"n profit New Jcraey corporation
3. The land referred tD in thÙl comrnitmOnt i. described as føllowo:
plltcell
Tbe Eaat 1/2 of the Northwest 114 of Ibc North",e,t 1/4 of Section 12, Towushil' 45 South, Range 42 Bast,
Palm :e....h COI>n!)', P\"rida. UlSS Right of W"y iD ~r of Ta1ång in O.B.. Book 6798, Page 10S 1 and
Quit Claim Ðeed in O.R. Book 7511, Paae 1952, Public Recorda of Palm 8each County, FI....ida.
Patc..l 2
All of Tncœ 12 IUId 13, o! Amended Plat of1l>e Mary A, L}'11UU11Ot aI, Subdivision of Section 12. TowÞalûp
45 South, Range 42 B/lSt, according to the Imp or plat &hereof.s recorded in Plat BMk II, paao 74, Public
Record'! ofPahn Beach County, Floridll, baing. pOftion DfBut 1/2 ottbe NOTth_t 1/4 and Southwest 114
ofm.. Northwest 114 of Section 12, Township 4~ South, Range 42 Bast, Palm BelICh County, Floridll.
Agent No.: 1994
lasuln& Agent:
J.l'ATRlC!< FITZGEULD. P.A.
110 Merrick Way
Suite 3-B e-: ~_.- ~
Coral Gables, FL 33134 -
Agcot's Si¡ha!ure
Suzannè A, Doebrty
Attorney at Law
ForM CP·SCH. A
('/lV. 8/98) }oubløT1m,,6)
I I I II
JAN 19 '05 11 :42 FROM:
Jan os 2005 ::I:u"nn "'. I II......... _.~ , _.- T-l3T P 0¡/04 F-542
Attorneys' Title Insurance Fund. Inc.
COMMITMENT FoRM
Schedule B-1
Conunitment 1'10,: Agent's File ReC..¡enc:e:
çF-116460S 94-<i
1. The Collowing arc thc requirelIll",ts to be oompli.d with:
1. payment oflb<: filII e"....d.....tion to, ar for the ""count of. the graIItoø or mortgagors.
2. InswmeulB cr....ling tho estalc or iuterm 10 be insured which must be executed, de1ivered and filed for record:
A. Warranty Doe<! ftom I!]Iarchy of Pas","", 11 non prom New Jersoy <>OCpO...tion, to the ptnpoBcd inßured
pu,,:ha$er(s).
3. A deterD1inarian must be IIUIdo that t\\ere are no uarecordcd øpecÛlIII88ØIIBmel11liens or Wlrecorded liens arising by
vll1UC of ordin"''''''' ",¡r.oorded 8I'eomantA a. to ilnpaot or olber developJllent fefi, unpaid Waite f_ payable Ie
the county or municipality. or unpaid service chargeø uodor Chapter IS9. F.S., or county ordinance.
4. SatW'actot)' evidence mlUt be turnj;Þed _"liahins chat BporobY of pasaaic is " CQI'IJ"raûon duJy orsani~ validly
existing, ...d in good standing under the lawa oCNew Jersoy (at date ðfpurchaae and at tha prescmt time, or II dale
oC purchase and al dalO of aale). If th_ i. no øovemø>eutal agenoY in cbarge of corpolBte reeorda ftom wbich II
cct1iñcale of good ataAdina can be obtained, \Iu!II aD atlCnUl)i or noW')' publiC in the .tate or cOllntty of orlSln. who
"as examilled the appropriate corporate records. can provide the certificate.
5. Satisfactory ~d""ce must be furnished cstabUsbillS that tile Sllbject property doca lIot oonsûtu'" aU or substaalially
all of the assets of Eparc!1y of l'aiSlUo. lf It do,,", olLliaa.c.tory evi<1encc mu.1 be provided complying with Sec.
607. 120 I oT 607.1202, F .S.. or øimiJar statutea al the p\Jlce of oriSia of'the corporation.
6. Veriñed oopy ofby!aws m",st be: checlccd for any provisions as to the powers oithc dire.totS atld officors and any
p,o""dun> relotin; to the .aIe of the property.
7. ResolutiOn er"m the governinS bøard _sistent with the bylaws authorizing IbO .ale QIId apecit,'lng the offcno wh~
are to make that c:onveYIll1OC1 to be atlaChed to tbe deed from the corporale granlDt.
8. Approval frommembcrship if the sale ooosûl1Jtes 1111 or 5ubstanûally all of the ...""Is of the corporalle p'antor.
9. Proof' of A<;:çeso ()Ver III. Lake Worth Dminage Dislriot canal L·l.
10, sallsfa<:'ory ",vide"". .....at be funoi.¡,.,d ostab\i&bina that tlypolllXO HomeS, LLC i. a cOJpøration duly or&anized,
validly c:xistinS, and in good standins und.... the> laws ofF1oñdll (at date ofpurchale anI! at thð present ü;:n", 0' ..
daIC oipurch""" IIDd "I do'" of oale). If there is no govcoJlllJlOlltal agency in cbatge of' corporate records from which
a oertifioate of good li1audln8 can be obtained, then an utemey or nolar)' public In the state or couotO' of orifli",
who baa examined !be appropriate oorporate records, can provide lIIe certificate.
1 I. Note: 2004 real estato taxe. aro paid sa follows: Folio 0042-45-12-03-013-0000 $672.74; Folio 00-42-4S-12-00-
000-3010 $4,852."; an41'0Uo 00-"\2-45-12-03-012-0000 $5.191.11
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I Service Agreement between the City of Boyl1ton Beach, Florida and Eparchy of Passaic as
2 Customer and Hypoluxo Homes LLC, as Contract Vendee, said Agreement being attached
3 hereto as Exhibit "A",
4 Section 3. This Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED thIs I 6- day of February, 2005.
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7 CITY OF BOYNTON BEACH, FLORIDA
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S:\CA \RESO\Agreements\Water Service\Eparchy (Hypoluxo Homes) Water Service Agr-.doc