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R06-066 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. R06- o~lo 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 REICHARD HOLDINGS, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 7755 Loomis Street, Lake Worth, Florida (Tropical 14 Terrace Lot 126); 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:\CA\RESO\Agreements\Water Service\Reichard Holdings Water Service Agreement 7755,doc II 1 2 31 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 ~ day of M A~C.H- , 2006. CITY OF BOYNTON BEACH, FLORIDA t/~ ~",., // // C Issioner ~.C~L Z~i:~ione.: -"~- (, ~~~ Commissioner ' rn.~ S:ICAIRESO\AgreementsIWater ServicelReichard Holdings Water Service Agreement 7755.doc ~L!L~!L~~b ~L:~q ~bl/4Lb:::tlb CUST SERV DAGE 82 11111111111111111111111111111 II 11111111 II 11111111 IIII nns JNSTRUMENT PREPARED BY: James A. Cherof. hsquire Goren., CheJ\)I: Doody & Ezrol, P.A. 3099 Bast Commercial :Blvd. Suite 200 Ft, Lauderdale, FL 33308 CFN 200601741('1(; OR BK 20100 PG 1255 RECORDED 03/24/2006 14:11:01 Palm Beach County, Florida Sharon R~ Bock,CLERK & COMPTROLLER Pgs 1255 - 1267; (13pgs) Rolo -olob AGREEMENT FOR WATER SERVICE OUTSIDE mE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this cffI.:J... dayof:JnfJJt.e.L, .2oob by and between /faQltMJ:> J.kJt-PI ~ s: . LI.C- . (Name of Corporation), hereinailer calledtho "Customer", and the CIT . OF BOYNTON BEACHt a municipal cOlJX?ration of the State ofFlorida, hereinafter called the "City". WHEREAS. Customer owns real property outside ofthejurisdictionallimits 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 bas 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 jurisdictiona1limits 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 seMce from tbe Municipal Water System and the mutual covenants expressed here~ the City ofBoynton Beach and the Customer, his heirs, SUcCessors and as~ agree as follows: 3. The Customer agrees to pay all costs and fees of engineering, material, labor, don and inspection of the fiI.cilities as required by the City of Boynton Beach Code of . Or' ces orLand Development regulations to provide service to the Custom.ers premises. The Custo er shall be responsible fur installation in confurmance with all codes, rules and regulations applic bIe to the insta1lation and maintenance of water service Jines upon the Customer's premises. All su h lines shall be approved by the Director of Utilities and subject to inspection by the City 1. The City agrees to provide Customer with water service from its Municipal Water to service the real property descn'bed as follows and which Customer represents is owned by r: (Exhibit A) 2. The Customer and the City hereby agree that there are:;. V Equivalent Residential Conn ctio:os which City shall service. "-'U.:::II Ot:.f"'.V PAGE 83 Engineers. The City shall have the option of either requiring the Customer to pexfurrn the work necesSary to.conform the lines or the City may have the work perfonned on be.baJf 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 aU 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 conu.ection 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 sball 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 aDDeJaition is initiated. The property shall be subject to annexation at the option of the City at aDy time the property is eliglble under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property ofthis covenant and of the irrevocable speciaJ power of attorney, but Customer's fBilure to provide such notice shall not constitute a defense or bar to the Citys rights as set forth herein. The Customer acknowledges that the c.onsidemtion of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or Jack of service shaD in no way impair the power of attorney nor constitute a diminution or Jack of consideration. 9. Annexation is intended to be and is hereby made a COvenant running with the land described in paragraph] above. This Agreement and the power of attorney rekrenced herein is to be recorded in the Public Records of Palm Beach County. Florida, and shall be binding on the Customer and aU S1.Jbsequent transferee, grantees, heirs, SUccessors and assigns. 10. It is agreed that the City shaIJ have no liability in the event there is a reduction, impairment or termination in water service to be provided undertbis Agreement due to any prolnbitions, restrictions, limitations Ot reqWremeuts ofloc8l, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability iO. the event 2 '-''--'-....J I ~LI"V l-'AGI:. 84 there isa reduction, impairment or tennination of water service due to acts of God, accidents, strikes, boycotts, blackouts. fire, earthquakes. other casu.a.1ties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees tQ indemn.i1Y~ defend and hold hlUmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Offictn, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and e'Xpenses 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 unde.t or perfOrmance pursuant to this Agreement including disputes fur breach of warranty of title. 12. No additional agreell1ents or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No. modifications or change in this AgJ:eement shaD be valid ~n the parties unless IDwriting 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 oc.r\. V PAGE 85 ~v_ ~tness Signature , ~L € Lou-INS Printed Witness Name ,. CORPORATION AS OWNER(S): BY~~9 Its: '"Ot:Ir--t r UC>~ 9. ~6"lC).(~.IO- '?a.~~\~r Print N~ and Title ~r;?~ Witness Si J~hl'l ~.k"tUV Printed Witness Name {CORPORATE SEAL} ~. STATE OF ~~/~A- ) COUNTY OF j?'M 61::AeH )ss; ) r HEREBY CERTIFY that on this day~ befure rre~ an officer duly authorized in the State afOresaid and in the County afuresaid to take ac.knowled~ personally appeared '::56""", y. I?~~o m as ~\o~r of j?el'~O ~U>\"'I~S~L&..t.named in the furegoing agreement.and that helshe acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in bimIher by said Corponttion and that the Corporate seal affixed thereto is the true COrporate seal of said Corporation WItness my hard and official seal in the County and State last afuresaid this ~ day of ~~..~ . 200~. o.~~ NOTARYPUBU "::l~. ~~w Printed Name My Comn:dssion Expires: \\\tlll" J huB .:-~<-;~v.':~<f;__ '? ryan ~ *: ~ ':*~ Compllsslon #DD297960 :.~;" .~'<~ ExpIres: Mar 08, 2008 "/0'0;;":0,,' Bonded Thru "'''''''' Atlantic Bonding Co., Inc. 4 ULILUILUUO VL.~4 ::Jbl{4Lb-:itlb CUST SERV PAGE 85 AGREEMENr FOR WATER SERVICE OUTSIDE TIlE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND f<e"J...t<wA Ilu/,,.t'.....4.i Lt..c (INSERT NAME) CITY OF BOYNTON BEACH7 FLORIDA, a Florida m . . ipal corporation (SEAL) Approved as to Form: 4J~ Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afuresaid ~ Jthc County afuresaid to take ""knoW~. personally "J>peI1(<d ~ .CityMauoge.faod~ ~ . City C~k respectively, of the City named in the furegoing eement 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 sea) affixed thereto is the true corporate seal ofsaid City. VIII WITNEsS my hand and ~piciaJ seal in the County and State last aforesaid this ;}-- d- day of I r IMQ/1L. ,2OOlf (Notary Seal) , . J'~~~ Notary PUblic Stale of Florida . . Carol A Mahoney \; · My Commission DD460414 llF,.'# Expires 0811012009 My Commission Expires: r~,q~ Notary Public S:\CA\A.GMTS\Watu Servjce\Wat~ Service A.grecmcnt (Corp) -.Rev 090205.docJrev. 1-6-06 H:\lSl9O\9OOt82.BB\AG~Wa(er Servic:cAgrccmeot(Corp) _ Rev 09020~ J-6-06.doc 5 Division of Corporations Page I of2 Florida Limited Liability REICHARD HOLDINGS, LLC PRINCIPAL ADDRESS 7601 WEST LAKE DRIVE WEST PALM BEACH FL 33406 MAILING ADDRESS 7601 WEST LAKE DRIVE WEST PALM BEACH FL 33406 Document Number L03000017998 FEl Number 331058931 Date Filed 05!l9/2003 State FL Status ACTIVE Effective Date NONE Total Contribution 0.00 Registered Agent Name & Address POSNER, MICHAEL J ESQ 4420 BEACON CIRCLE, SUITE 100 WEST PALM BEACH FL 33407 M 1M b D 01 anager em er etal I Name & Address II Title I REICHARD, JOHN P D 760] W LAKE DR WEST PALM BEACH FL 33406 II I Annual Reports Report Year 11 Filed Date II I http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =L0300001 7998&n2=NAMFW... 2/23/2006 '-'~,-t-IJ, -t-VlJU UL.J..... CJO.L(~LO.:JtlD '''';'..l::i I ::il::RV PAGE 87 " THIS INSTRUMENT PREPARED 8Y: Jame:) ^. Chero( Esquire City of Bil)!;; t\JTl BCll.:;h 100 E .,Boynton Beach Blvd. BoynlOn, Beach, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH l, "3csl\~ {! eelC.l\~ PJ:, as Corporale Representative of 'i?el"'~" l-loU>I......., Ub 1itremaJfer "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDAt true and lawful attorney in fact for Grantee and in Grantee's name, place and stead. for the sole purpose of executing on beha.lf of Grantee the POwer to initiate, maintain, and complete a vohmtary 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 rea] property which is tbe sul:!ject of this power is descn"bed as fOllows: PCNNo.: 00 '13 <I~ 10 0-' 000 12../;o The powers and authority of my attorney. 11IE CITY OF BOYNTON BEACH, FLORIDA, shall commence and bC in full force and eflect on the 2.,. day of ./isIItUIfc.., , 20 ~ and the powers and authority sball be irrevocable by Grantee. ULILUfLUUU UL'.J~ 00J.(4Lb-='~b r-..:l'S r SERIJ PAGE EJ8 IN WITNESS WHEREOF, we have hereunto set OUT hands and seals the 2., day of r68LvMt ' in the year 20~ . Sealed'and delivered in the presence of C ~ L ~ - Corporation Name:_~c"'l/IU) 4'DI./5 S. /..'-L WItness Signature ~ 6< 4....,..-:. BY:~. ~_c--;J Print Name ~ ~ Print Name and Title: ~*to1 Y. Rb'C~lW'l>:m- ~~ Witness Si AITES4-1~d ~ ~ u,.ati>.J CFAca- M4"'4i:~ -y-~ ~~ Print Name COrporate Seal: STAlEOF ~fJfI.'D4 COUNlY OF k Btf~J.J ) ) ) ss: I HEREBY CERllFY that on tlm day, befure me, an officer duly authorized in the. State afOresaid and .in the County aforesaid to take acknow1edgIOOnts, ~nalJy appeared :sD.lN ? !ZululMD!1l. - as 7_........- of ~6IaI1'oItb ~DI..S"-LLlnamed in tho furegoing agJ.'eeJl)ent and that befsbe acknowledged executing the same in t}i, presence of two subscribing witnesses freely and voluntarily under authority duly vested in himI.her by said COrporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation Wltness my band and official seal in the County and State last afu:resaid this ~ day of Fe8iu~ ,20~. ",~~~Y>,_ John Bryan ~ ~ ~~~~'::. Commission #DD297960 ~;" ~.~:} Expires: Mar 08, 2008 OT ARY PUB -';~Of;\'O~,,' BondedTluu --T- u..- - ~a,'" \ """ 1\' Atlantic Bonding Co., Inc. vo~ ~ .".-.... Printed Name My Commission Expires: S:\CA\AGM1'S\ WaICr Sc:rvWe\Power of A11.orncy..Qrp. ) -6-06.00c H:\l990\9001112.8BWJ~qf~ I~.dQc