R96-078RESOLUTION NO. R96- ~"~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND DARRIEUX ROBINSON.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located on old Military Trail in the
unincorporated portion :of our service area and currently contains one single family home;
and
WHEREAS, a water main has recently been installed on this road in conjunction
with the Nautica P.U.D. Development, however sewer is not available at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Water Service Agreement between the City of Boynton Beach and Darrieux
Robinson, said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this /z~ day of June, 1996.
CITY OF BOYNTON BEACH, FLORIDA
~/ice Mayor
ATTEST:
Cit~Clerk
CommiSsioner
Co, a~issioner
/,
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 ~. ,5--day of /~z.~c~ , 19 5~, by and
between Darrieux Robinson herinafter called the "Customer",
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, 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 andwhich Customer represents is owned
by Customer: See Exhibit "A".
2. The Customer and the City hereby agree that there are
Residential Connections which City shall service.
Equivalent
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 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 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
Dista'ibution 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 attorne, y, 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.
2
ORB
9t~02 P~_ t797
9. The Customer acknowledges that this covenant regarding 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 attorney referenced herein is to be recorded in the Public Records
of Pall 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 .add
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 6n appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Cusffomer'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.
of
S WHEREOF, the parties hereto have set their hands and seals this ~ }'P~day
, 1996.
WITNESS:
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
3
ORB
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
to me l~aown to be the person(s) described in and who
executed the foregoing instrument that he/she acknowledged before me that he/she executed the
me following proof of
same; that the individual was ~ Jcnown to me or provided ',
identification:
of
WITNESS my hand and official seal in the County and State last aforesaid this ~-
t"5~ , 1996.
(Notary-Seal)
~ COM~i~IO~q
~ ~ '
l
~TNESS:
CITY OF BOYNTON~ BEACH, FLORIDA
ORB 9402 ~_ ~7~
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 --qt~ z4 on ~ 34. ]Cr'a,s ~- , City Clerk respectively, of the City named in
the foregoing agreement and that they severally acknowledged executing same in the presence of
two subscribing wimesses freely and voluntarily under authority duly vested in them by said City
and that the City seal aff'Lxed thereto is the tree corporate seal aff'Lxed thereto is the tree corporate
seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
of '~ v~ e.~ ,1996.
(Notary Seal)
'"';;'"¢"~iii.-' FVE
....~..
=*: :*'- MY COMMtSSION # CC276705 EXPIRES
¥2' ~'~ Apfll 5, 1997
% ~ ,,,,, BONDED THR~I TROY FAIN INSIJRANCE. Ih'E;,
Approved as to form:
Legal Description Approved:
City Attorney
JAC/lms
900182
12/12/95.rev
AGMT
WATERSRV. 1
ORB
DOROTHY h. W-iL~,4, CLER~ PB COUNTY, Fl,_
EXHIBIT "A"
LEGAL DESCRIPTION
[.'OCs O~te (1) and Tvo (2), SUNUP GROVES SUIIDIV.'ISION (unrecorded), more parti, c-
ulerly describe-J es: From' the quarter section corner of the North line of
Section 13, Township 65 South, Ranie 42 ~st, Palm Beach County, Florida,
South O'l&'lg" West aloha the querier section line a dis:ante of 1,338.38
oE beslnntnal thence 8o North 0'14'19" ~st a distance of 132.01 feet to a
point; thence 8o Southerly 89e28'~5'' East a d~stance of ~03.06 feet to a
thence so Souther~ 0"31'45" West a distance of 132.76 feet to a point, :hence
to North 89°03'18" Vest a distance of 102.35 f. et to the point oE beBtnntn8,
contalnln& 0.31 acres more or
THIS INSTRUMENT PREPARED BY:
lames A. Chetof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
A~,u-LO-!¥% 9:!Je.m 96--28905
ORB 9402 P~ i.SO-1
illli liilaiiill~t g I
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Palm Beach
I/We, Darrieux Robinson , hereinafter "Grantee", hereby make,
constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney
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 attorney, 'THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ~' day of
~'~.~ttfl~y ,19 ~. and the powers and authority shall be irrevocable by Grantee.
ORB .~402 Pg ~ 802
DOROTHY' h. WILKEN, ~LERK PB ~.,uu'Nt '~.,
IN WITNESS WHEREOF, we have hereunto set our hands and seals the .
~L~ , in the year one thousand nine hundred and ninety
Sealed and delivered in the presence of
<~ )-~ day of
Witness
Witness -~
STATE OF FLORIDA ) ~'
) SS:
COUNTY OF BROWARD )
THE FO?GOI~9G 'N,STRU~byENT w. a~ed be~<g/p''~ daYanO~
~'~k~___ b~, who are~own ;~ me.o; ;ho havi produced
, as identification and who did/did not take an oath.
My Commission Expires:
POA.IND
NOTARY PUBLIQ
Type or Print Name
Commission No. ~g"7