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R06-067 1 RESOLUTION NO. R06- Ole 1 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND REICHARD HOLDINGS, 9 LLC; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 7769 Loomis Street, Lake Worth, Florida (Tropical 14 Terrace Lot 127); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in Tropical Terrace project area; and 17 WHEREAS, a water distribution main exists in the vicinity allowing for the service to 18 this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 Reichard Holdings, LLC, which Agreement is attached hereto as Exhibit "A". S:ICAIRESO\AgreementsIWater ServicelReichard Holdings Water Service Agreement 7769.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Attest: 26 27 28 29 30 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this.-a..L day of MA~H. ,2006. CITY OF BOYNTON BEACH, FLORIDA l--j)r ~or Vice 11~---~ ~ :~;nn~::r'L~ /~ pss:o~ner (, ~ CommIssIOner n . '.L Yn.~ S:ICAIRESO\AgreementsIWater Service\Reichard Holdings Water Service Agreement 7769.doc ~L!L~!L~~b ~L:~q ~bl/4'~b:::tlb CUST SERV PAGE 82 11~~_D~~II""~"~~~_U"~I_1 nIlS JNSTRUMENT PREPARED BY: James A. Cherof. Esquire Goren, Cheml: Doody & Ezrol, P A. 3099 East Commercial :Blvd. Suite 20() Ft. Lauderdale, FL 33308 CFN 20060174127 OR BK 20100 PG 1412 RECORDED 03/24/2006 14:13:57 Palm Beach County, Florida Sharon R. Bock, CLERK & COMPTROLLER Pgs 1412 - 1424; (13pgs) Role - Ob ...., AGREEMENT FOR WATER SERVICE OUTSIDE mE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~d.. day of ~ ,200--, by and between ... C I.. II'I/..$ J.L (Name of Corporation), hereinafter called the "Customer", and the CITY OF OYNTON BEACHt a municipal cOlJX?ration of the State ofFlorida, hereinafter called the "City". WHEREAS. Customer owns real property outside ofthe 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 ofBoymon Beach has the ability to provide water service to Customer's property; and WHEREASt 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 sei-viced into the City at the earliest practicable time. NOW l1IEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City ofBoynton Beach and the Customer, his heirs, SUccessors and as~ agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property descn"bed as fullows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are a 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 fucilities as required by the City of Boynton Beach Code of . Ordinances orLand Development regulations to provide service to the Customer's premises. The Customer shall be responsible fur installation in confurmance with aU 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 ofUtiUties and subject to inspection by the City rOAl.::lt_ tlj Engineers. The C;ty shall have the option of either requiring the Customer to perfOrm the work necessary to .conform the Jines or the City may have the work performed on beba.lf 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 fimds 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 sffltll 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 Distnoution System to and including the metered service to Customer shall be vested m 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 anddeHver 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 aDy time the property is engtole 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 specia.I power of attorney, but Customers :fuiIure to provide such notice shall not constnute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the c.onsideration ofinitiaUy 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 0", lack of consideration. 9. 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 attoniey referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferee, grantees, heirs, successors and assigns. 10. It is agreed that the City shMJ 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, .restrictiollSt limitations o{ requirements ofloeal. regional, State or Federal agencies or other agencies having juriSdiction over such matters. Also, the City shall have no liability in the event 2 I~A'~t. (j4 there isa reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquake~ other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indenm.i1Y~ 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 e>cpenses including reasonable attorneys fees (whether or not incurred on appml OJ' 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 s~ be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid ~on 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 3. '-''-'--' I 0LI'\,V I-'Al:it. 05 r:JJ?Z-LvL-- Witness Signature /1tJ() '- G" ((} (..f.. , rI S Printed Witness Name , CORPORATION AS OWNER(S): :~cz.~s:-, ~- ~ ~~21r m... Print Naw.e and Title ~gnat~-- .::TO;.') ~""Y,\N Printed Witness Name {CORPORATE SEAL} .A~~~~ ~...../ <>.."""'~ /f~ / _ S/;-t'I'&~~ , Print Name . FOR CORPORATE NOTARIZATION: - STATEOF .koRlo~ ) COUNTY OF /,4I..Wf 8ii1lC/7 )ss: ) I HEREBY CERTIFY that on this dayt befure OX; an officer duly authorized in the State afOresaid and in the County afuresaid to take acknowledgments, personally appeared ~6~...:l R ~c3IC.~A~ TIT as ::P1lZ~.5lPa-' of I?lilcijf\eo Hbt..D""U. I "'u:... named in the foregoing agreement and that helshe acknowledged executing the same in the presence of two subscribing witnesses fteely and voluntarily underautOOrity duly vested in hinv'herby said Corpomtion and that the Corporate seal affixed thereto is the true COrporate seal of said Corpomtion WItness my hmd and official seal in the County and State last aforesaid this a day of ~~A~ .. 200~. ~p~ -::3~ ~Q,AN Printed Name My CoD'101ission Expires: '"'''' J hnB ","~~Y.~lI~""'",,, ' 0 ryan f:~~"f.~ Co~ssion #DD297960 -::,"i.. ~.~: Exptres: Mar 08, 2008 '{li Oi f\.~~", Bonded Thru ""1\\ Atlantic Bordint' r0.. rn--:. 4 AGREEMENT FOR W ATEK SERVICE OUTSIDE TIlE CIT):" LIMITS AND COVENANT FOR TION BETWEEN THE CITY OF BOYNTON BEACH AND il. c.... (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA, a Florida m 'cipal corporation U~/LU/LUUU UL.J~ ~JO.l1 4LO-JtJD ~ S1 ATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH) r....u::i ~ SERV PAGE 85 (SEAL) 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 Ku.r-r- .]~ .CityMauagerand ../1.~ -r~ . City Clerk respectively, of the City named in the forego~eement and that they severally acknowiedged executing same in tbepresence 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 ofsaid City. WITNESS my hand and qfficial seal in the County and State last aforesaid this ?;)- day of _VLU~ , 200~. (Notary Seal) , ~ Notary Public Slate of Florida ! ~ ': Carol A Mahoney \ cy..cf My Commission 00460414 OF ~.. ExpIres 0811012009 My Commissaon ExpIreS: 0~4~ Notary Public S:\CA\A.GMTS\Water Service\W*"Servicc ~c:nt (Corp) - Rev 090205.doc/rev. 1~-O6 H:\l?90\900182BB\AG1\fI\Wafer Servic:c Agrccrneot(Corp)- Rev 05'020$-m- l~.doc 5 Palm Beach County Property Appraiser Property Search System rage 1 Ul L. _ ~Jj~~)f,~:~~~-":-':':--Prop'ert.Y ~pprajser'S Puelic Access System 4 ~4~~llft>~ /5",,, -:r~?.... ;0. r~ ~ '~ -:- ~ _ (,~:;~~A,,>;!I'..f""'C,'{ 7' 1J~.I;. r r - r-" -.... r r r ; I ~ ~~~~K<_~z;t;<f. :(5,2 ,~.,. f : -.. . - > C HD~~ r:1)i~ji~ ?:s~ :~~, h . ~ ~ Property Information ,?7'=''i Location Address: ..:rHi1 LOOMIS ST l~iJ Municipality: Parcel Control Number: Subdivision: Official Records Book: ~Description: UNINCORPORATED 1270 00-43-4S-10-07-000-iHO TROPICAL TERRACE IN 18332 Page: 1638 Sale Date: TROPICAL TERRACE LT 4afi 1 ~ 7 Mar-200S Owner Information Name: REICHARD HOLDINGS LLC b~.a~,"~.1 Mailing Address: 7601 W LAKE DR WEST PALM BEACH FL 33406 8739 Sales Information Sales Date Book/Page Price Sale Typ~ Owner Ll~~\&",MJ~~,1 Mar-200S 1833211638 Dec-1999 1154~L138~ Nov-1999 .11493/1074 $150,000 WARRANTY DEED REICHARD HOLDINGS LLC $88,000 WARRANTY DEED CIUCA ION a. VIOLETA $54,000 WARRANTY DEED AMERICAN RESIDENTIAL MKT INC Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: !,I~e Code: Tax Year 2005 Number of Units: 2 *Total Square Feet: 2016 Acres: 0.1613 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2005 Assessed Value: $145 Exemption Amount: Taxable Value: I~ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: .~ 1~,;~.';"i'!k\L;1 NOTE: Lower the top and bottom margins to 0.25 on FiIe->Page Setup menu option in the browser to print the detail on one page. ~cord Searcl1lInformation I ~.E!l]lQtions I ComrTlUnity I Employment I New Home Buyer I Qffi<:~.J,ocatio~ Value Adiustment Bo?l'.ct I Save_Our Ho~~ I Sel1ior Corner I Qj~g~mer http://www.co.palm-beach.f1.us/papaJaspxlweb/detailjnfo.aspx?p _ entity=0043451 007000... 12/6/2005 ~~A- Division of Curporations Page 1 of2 Florida Limited Liability REICHARD HOLDINGS, LLC PRlNCIP AL ADDRESS 7601 WEST LAKE DRIVE WEST PALM BEACH FL 33406 MAILING ADDRESS 7601 WEST LAKE DRIVE WEST PALM BEACH FL 33406 Document Number L03000017998 FEI Number 331058931 Date Filed 05/19/2003 State FL Status ACTIVE Effective Date NONE Total Contribution 0.00 Registered Agent Name & Address POSNER, MICHAEL J ESQ 4420 BEACON CIRCLE, SUITE ]00 WEST PALM BEACH FL 33407 r-.~-------ij-,-,-'.~'~'<-<-_.~'_-~.~_._-~~-^"-<~'--~'-"-_.-,-_. REICHARD, JOHN P 7601 W LAKE DR WEST PALM BEACH FL 33406 Annual Reports Report Year !! Filed Date 'I I I! I http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =L030000l7998&n2=NAMFW... 2/2312006 . Division of Corporations Page 2 of2 II I 2004 2005 :: 06/30/2004 05/02/2005 II [ Previous Filing. ] [ . . Return.. t()..hi.~t .] No Events No Name History Information [. Next Filing] Document Images Listed below are the images available for this filing. 09/23/2005 -- Ofli'Dir Resignation 05/02/2005 -- ANN REPIUNIFORM BUS REP 06/30/2004 -- ANN REPIUNIFORM BUS REP 05/19/2003 -- Florida Limited Liabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =L030000l7998&n2=NAMFW... 2/23/2006 ate Date Date Date Date Date Date Date ELECTRICAL 1 PLUMBING I MECHANICAL I FIRE I SITE '~~~~@S<~S.~ji~t.h~=Oi;:~i:;m;j~~i.ili\~i}~ta[~~~~~~j:~~i:i~,;~s~~~~i~Jj~'ffi,?ij~~~~i~M.t:1~0iJ~~E~~~~i~t~n~i~~1,,~K~~ ~_'::''''~~ft'''.: ~~~~~:;t:~';;';~~E~~~~il~__~ VISIT.iJS AT WWW.J?BCGOV.OOM/PZB ONl;9J,Ur)f3lJt IJ);X'li&. DIVI SION PAGE YOU CAN. Vlaw J?LAN:;~.VIEW TRACltING:p PERMIT & tNSPECTloN HISTORY, AND CONTRACTO~.;:t.ICENSING INFORMATION. ** WE- ~LOoME YOUR COMMENTS t ** 'NER: REICHARD HOLDINGS *** INSPECTION SCHEDULING *** *** NEW TELEPHONE. NUMBER *** STARTING JANUARY $~ 2006 THE NEW INSPECTION SCHEDULING TELEPHONE NUMBER WILL BE 355-2222. NTRAcTOR NAME: " ! ~.. ~ JOHN P REICHARD III ~~J SEE FRONT OF FORM FOR IMPORTANT PERMIT INFORMATION. TROPICAL TERRACE , \)~ \)\)\9\)~~ DPERTY ADDRESS: 7789 LOOMIS ST Ye.AS ClGO \ex' I BDIVISION NAME: THIS PERMIT MUST BE VAUDATED UCHARD. GATHR!G~.. .ll;."~ BUILDING OFFICIAL '. . !:'o~ PALM BEACH COUNTY PLANNING, ZONING & BUILDING DEPARTMENT BUILDING DIVISION '--'U...L/.....L.U..JLlU 'JJ~ I ~tJ,z\f PAGE 87 THIS INSTllUMENT PREPARE\) 9Y: Jamc~ Ii ChClOf, Esqulre City of [>,o,'n/oo Beach 100 L ,Boynton .Beach Blvd. .BoynlOh, Beach, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEA,CH I, ~I\'" {I eGlc.\l1\ll.D ];:IJ:::, as Corporate Representative of 'i(E~H~ ~..".., L.\.-L. ~ "Grantee", hereby make, constitute, IIDd appoint THE CITY OF BOYNTON BEACH, FLORlDAt true and lawful attorney in fact fur 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 descn"bed herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH fun and complete authority to act on Grantee's behalf to accomplish aooexation by any available means. The. reaJ property which is the subject of this power is descn"bed as fullows: PCNNo.: CO 43 ,,~ /007 ~ )21D The powers and authority of my attorney, mE CITY OF BOYNTON BEACH, FLORIDA, shall commence and bC in full force and effect on the 2. ~ day of Ei:-73IlfJ~ , 20.& and the powe~s and authority shall be irrevocable by Grantee. ~~I~U/LUUU UL_J~ __to_l (I-iLO..:)t:.JO '0U:::" :::,t::J-<V PAGE 88 IN WJrnESS WHEREOF, we have hereunto set our hands and seals the 4' day of fi-o:e,(VIt-e.., , in the year 20~. ~ealed'and delivered in the presence of C / ~L ~ COfJlOrationName:J(SWII\ILD Witness Signature ~",'- E Lo u-, ,.,-s Print Name YOL.DJ N ~ ~ ! LLL BY.c:g~ ~ - ~i~ Print Name and Title: -:\'6~w r. ~6'~ -rtr :-b~ ~~ Print Name ATrnS~ ~/4A~/ 1..-- ~ ~PPiCC:; MANA~ Corporate Seal: STATE OF H~fl.1 Dt:J: COUN'IY OF ~ B~1+- ) ) ) ss: I HEREBY CERllFY that on this day, berore me, an officer duly authorized in the . State r and in tbeCowny aforesaid to. take acknoW~nts., pen;onally appeared .. Po lb.,,,,,,,,,,,, P1 as r~, of ReIQl.fl,zi> 4LQr~ named in tho foregoing agreet~t and that belshe acknowledged executing the same in presence of two subscribing witnesses fieely and voluntarily under authority duly vested in himIber by said Corporation and that the Corporate seal aftbred thereto is the true corporate seal of said Corporation W1tness my hand and official ~ in the County and State last aforesaid this ~ day of ,cLE13RII",? ' 20~. '''''''' J huB ~~~~:y.'~~~~-:. ~. ryan ~.: ~ ':.~ CoIII!ID~on #Dill97960 -;'~" -.'~"~ ExpIres. Mar 08, 2008 "'~OFf\.O~,,' BondedThro """', Atlantic Bonding Co., Inc. ~p~ -::r~ t-\ ~<Z..'CAt-J Printed Name My Commission Expires: S:\CA\AGMTS\ Water Scrvice\Power of~. J-6-<l6.doc H:\l990\900182.BD\AOMnPuwcrof~ 1-6-06.dQc I-I i . I 1 1 in. = 157.2 feet 30 I 0140 - ~ 20 0010 Q ~ > 0 S40C 3410 I 0250 0281 0750 0760 '~ 1750 0240 0282 0770 1240 1740 2810 2800 0730 0280 l{;;Jl 0220 0780 1220 1280 1720 I 0720 7020 f78( 2790 0210 0290 1210 1300 1710 I 0700 0800 0200 1200 1310 1700 0190 0320 0690 0820 1190 1320 0 2180 1680 0171 I 0330 0671 1180 1330 0830 1170 1340 1870 1760 1 2160 0160 0341 0660 1160 1350 0850 1nO 20 I 0150 0360 0841 1360 1840 1- 1140 0140 ~ 1370 1790 ~ 1560 I 0631 0870 ~ 0130 0371 1380 1630 1800 f-- ~ 1120 205(1 ~11 0120 0390 0890 1390 1620 0560 0610 1810 0110 0400 0900 ... 1110 ... 1810 1400 - 0100 0410 0600 0910 1100 1800 1830 P54t~ 2010 0420 0'90 0920 1.&11 1590 1840 1090 0080 0430 0930 1430 1680 1850 0570 1070 ~C1 )27~ ~60 0070 0440 0940 1440 Location Map - 7769 Loomis St 1:7 Google Local - 7769 Loomis Street, Lake Worth, Florida Page 1 of 1 http://maps. google.com/ 3/2/2006