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
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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
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PAGE 82
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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
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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.
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Witness Signature
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Printed Witness Name
,
CORPORATION AS OWNER(S):
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Print Naw.e and Title
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Printed Witness Name
{CORPORATE SEAL}
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, Print Name .
FOR CORPORATE NOTARIZATION:
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STATEOF .koRlo~ )
COUNTY OF /,4I..Wf 8ii1lC/7
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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~.
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Printed Name
My CoD'101ission Expires:
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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
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S1 ATE OF FLORIDA )
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COUNTY OF PALM BEACH)
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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
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Property Information
,?7'=''i
Location Address: ..:rHi1 LOOMIS ST
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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:
.~
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Value Adiustment Bo?l'.ct I Save_Our Ho~~ I Sel1ior Corner I Qj~g~mer
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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
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05/02/2005
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09/23/2005 -- Ofli'Dir Resignation
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ate
Date
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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~~
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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
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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.
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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
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Print Name
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Print Name
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Corporate Seal:
STATE OF H~fl.1 Dt:J:
COUN'IY OF ~ B~1+-
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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~.
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S:\CA\AGMTS\ Water Scrvice\Power of~. J-6-<l6.doc
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1 in. = 157.2 feet
30 I 0140
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0250 0281 0750 0760 '~ 1750
0240 0282 0770 1240 1740
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1090
0080
0430 0930 1430 1680 1850
0570 1070
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Location Map - 7769 Loomis St 1:7
Google Local - 7769 Loomis Street, Lake Worth, Florida
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