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RESOLUTION NO. R05-
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 CHRISTEL FRIED A/K/A
CHRISTINA FRIED; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
water and sewer service area, located at 821 Bamboo Lane, in unincorporated Palm Beach
County; and
WHEREAS, the parcel covered by this agreement will include a single-family home
located in unincorporated Palm Beach County; and
WHEREAS, a water distribution main exists in the vacinity allowing for the service
to this parcel; and
WHEREAS, no additional construction will be required by the City to serve this
property.
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 Commission hereby authorizes and directs the City Manager
to execute a Water Service Agreement between the City of Boynton Beach, Florida and
Christel Fried a/k/a Christina Fried, which Agreement is attached hereto as Exhibit "A".
S:\CA',RESOXAgreements\Water ServiceXFried Water Service Agreement.doc
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Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of May, 2005.
Attest:
Clerk
CITY OF BOYNTON BEACH, FLORIDA
'C~,m//nissioner ~ ~ ~
S :\C A\RESOXAgreementsXWater Service~Fr/ed Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~ day of 200 , by and between
(-~r:e$~l [~r-~¢cl ~Kt~ ( hr,~sJi,,~a ~v'ie~ hereinafter called the "Customer", and th~
Cfl'¥ OF BOYNTO~ 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 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 ~,.. 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 conforrr~ance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Cu§tomer'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 fi-om 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 Ch~stomer'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 disconlnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
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9. Annexation is intended to be and is hereby made a covenant runhing with the land
described in paragraph I 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 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) fi.om 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 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.
IN WITNESS WHEREOF, the parties hereto have set theft'hands and seals this o)~day of
fl? ,e// ,2oot,__7
INDIVIDUAL(S) AS OWNER(S):
Owner Signature ~ ~
Printed Owner Name
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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
~"~///'~ ~ 'S ! ~/ /'~ tc ~ c~ 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: /z-/~ f ,.O/~. ~ ,. ~' ~ ~ /_ t' (/' t"n6 C_
~WITNESS myhand and official seal in the County and State last aforesaid this ~ dayof
(Notary Seal)
.,,,_~V.~'~,,~ Barbara M Madden
f~",~COllXnxl~0n # DD125274
'~4~m~\o Atlaatic BondiagCo. Inc
Notary Public
WITNESS:
BEACH, FLORIDA
City Manager
ATTEST:
citv,
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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
, 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 tree corporate seal of said City.
WITNESS my hand and official seal in theCounty and State last aforesmd' this'
,200_.
dayo(
(Notary Seal)
Notary Public
5
day of
IN WITNESS WHEREOF. we have hereunto set our hands and seals the
· ~,/~/z ,'/' , in the year two thousand and .~(2 ~'
Sealed and delivered in the presence of
,~ess Signature
Printed Witness Name
/~tness"~natur~
Print~ ~i~ess Name
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 )
THE FOREGOING INSTRUMENT was acknowledged before me this ~,.~ ay
of t~.e;! , 20~' :~ by ~'/~/~, 5'/'~ / /:,e ~ ¢(/ --and.
, who are known to me or who have produced
_~/~,'~ Z~,e/~.-rz .~ /,, ,' (£r,~* as identification and who did/did not.take an oath.
My CommissiOn Expires:
POA. IND
NOTARY PUBLIC
Type or Pdnt Name
CommissiOn\No.
Property Information
Location Address: 821 BAMBOO LN
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-46-04-00-001-0150
Subdivision:
Official Records Book:
Legal
08954 Page: 1800 Sale Date: Oct-1995
4-46-43, S 104.5 FT OF N 320.2 FT OF E 150 FT OF $ 94.5 FT OF N
310.2 FT OF W 150 FT OF E 300 FT OF GOV LTI LYG W
Owner Information
Name:
Mailing Address:
FRIED CHRISTINA
821 BAMBOO LN
DELRAY BEACH FL 33483 6339
Sales Information
~ales Date Book/Page
O6-1995 08954/1800
3u1-1994 08403/1670
Oct-1988 05829/0123
Price Sale Ty~e
$340,000 WARRANTY DEED
$125,000 QUIT CLAIM
$375,000 WARRANTY DEED
Owner
FRIED CHRISTINA
Exemptions
Regular Homestead $25,000
Widows Exemption $500
Total: $25,500
Year of Exemption: 2005
Appraisals
Tax Year: 2004 I 2003 I 2002
Improvement Value: ~;40917051 ~;39013001 ~;3901300
Land Value: $70110001 ~550[000~ ~360[00C
Total Market Value: $1,110,705! ~9401300~ ~750130C
Use Code: 0100 Description: RESIDENTIAL
Tax Year 2004
Number of Units: 1
*Total Square Feet: 6121
Acres: 0.68S7
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2004
Assessed Value: $503f205
Exemption Amount: 25150o
Taxable Value: ~477170S
2003 I 2002
~2401 ~46S[078
~25,oooI ~25,ooo
~45't[2401 ~440[078
I dX VdlU~:~$
Tax Year: 2004 2003 2002
Ad Valorem: ~;9f318 ~81822 ~81655
Non Ad Valorem: ~191 9192 9185
Total Tax: $9[509 ~9r01~ $8[840
http ://www.co.palm-beach.fl.us/papaYaspx/web/detail_info.aspx ?p_entity=0043460400001 ... 4/22/2005