R02-139RESOLUTION NO. R02- i~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR WATER SERVICE
OUTSIDE THE CITY LIMITS AND COVENANT FOR
ANNEXATION BETWEEN THE CiTY OF BOYNTON
BEACH AND OCEAN RIDGE DEVELOPMENT
COMPANY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is outside of the City Limits, but within our water
and sewer service area, located in an unincorporated area of Palm Beach County; and
WHEREAS, City policy requires annexation of the property to be serviced at the
earliest practicable time, as a condition of the granting of water services outside its
jurisdictional limits; and
WHEREAS, this subject property was previously served by City potable water only,
now however, the structure is being rebuilt, and developer desires to connect to the City's
sewer system via a private pumping station; and
WHEREAS, this Agreement is intended to reflect the altered site plan and the
provision of sewer service, while also extending future annexation rights to this parcel;
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 Mayor and City Clerk are hereby authorized and directed to
execute a Water Service Agreement between the City of Boynton Beach, Florida and
S:\CA\RESO~,greements\Water Service\Ocean Ridge Dev Water Service Agr. doc
Ocean Ridge Development Company LLC, said Agreement being attached hereto as Exhibit
and made a part hereof.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this .0_ O day of August, 2002.
~Tmmissioner
Commissioner
S:\CA\RESO~Agreements\Water Service\Ocean Ridge Dev Water Service Agr.doc
06/27/28~2 23:20 5Si77094~ SBS ENG PAGE
THIS iNSTRUMENT PREPARED BY:
J~rn~ A. Chemf, E~ulre
Jo~ & Oo~n, P.A.
3D~ E~I Com~erolat B~I.
8ultl 200
IIIIIIl llllllllggililll
10/09/2002 12:21:53 20020531275
OR BR 14246 PG 1~26
Palm Beach County, Flo'eida
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this day of ~"(.J~.~-- , 20 o ~, by
and between /_.)4g~ ,., ~/** 4/~ /;'~vz~-/~-~--~,~- c~o,,.~//~;' ~_~m~inaffer called
the 'Customer", and the CiTY (~F BOYNTO¢I BEACH, a rn"unicti=dl EErl3bration 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 Munldpal
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 /
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
BOOfl 1~2~6 PflfE 1427
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 ti're 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 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 Attomey 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 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.
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 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, Flodda, 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 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,
12. No additional agreements or representations shall be binding on any of
the parties hereto unless Incorporated In this Agreement, No mocllficatlons or change
in this Agreement shall be valid upon the parties unless in writing executed by the
parties to be bound thereby,
IN WITNE,~, WHEREOF, the parties hereto have set their hands and seals this
day of ~/~,.,t ~_ ,200~,-
(As to owr~er)
IN[31VID~JAL(S),.I~S J~WNER(_S):
(Pdnt .name) .. . I/~".. . ~.
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized In the
State aforesall:L._a_nd In the County aforesaid to take acknowiedgment~y.~
aooeal3~., ~~L. ~5 ~.~ ....... ~ me kn0~
~t(~ 'be the "person~ described in and ~ executed the foregoing ins~at
'-h--~/~-~e a~ged before me that he/she executed the same; that the individual was
personally known to me or provided the following proof of identification:
WITNESS mv hand and official seal in the County and State last aforesaid this
200_~
86/27/2002 23:20 56i770949E
WIT~ESS:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
SBS ENG
BO0~ 14246 PAGE
Notary Public
PAGE
-Mayor
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State afore~,aid//an.d Ln~ the, County~resald to take_..acknowled_gments, personally
appeared ~E~..ld ~~, Mayorand .J4~fl~-[- f-~r~__~/,~,~o ,
City Clerk ~spectivel~/, of the Clty nmhed 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 true corporate seal of
said City.
.~.WlTNESS my hand and official seal in the County and State last aforesaid this
~2~ ... day of ~,-~',~~ ~ . ,20 _(L~.,.
(Notary Seal) ,,:;~,~/~,, Barbara M. Madden , .,~, . ~_ .
- ~,>*'m":,.~."., ¢Om.a3iSS[O= # DD125274 j~ ~
E ~.',.' '.~-. . ~ '
S;~s ~onaea ~ Notary Public
Approved as to form: /// Legal Description Approved:
· City Attom~j~r
JAC/Ims
g00182
12112/95. mv
WATERSRV.1
DESCRIPT!ON:
THE NORTH 70 FEET OF LOT E, FRANTZ PELICAN BEACH
ADDItiON, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLA T BOOK 25, PAGE 152, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
!:
MAP OF BOUNDARY SURVEY
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE
AND t4EETS THE IdlNIIdUt4 TECHNICAL STANDARDS. AS SET ~'J'L4 BY THE. FLORIDA
BOARD OF" PROFESSIONAL SURVEYORS AND i4APPERS ~ ~H.~P.~T.E~ .~!.8..17.?_,_FLORIDA
ADMINISTRATIVE COD~, PURSUANT TO SECTION 47..2..03,7, .~*L'I~.IDA STA T'UT£5,
· ;:".::~:i*..?'/:: '~.' ~."...-' ,
NOT VALID WITHOUT THE EIGNATURE AND
THE ORIGINAL RAISED SEAL OF' A FLORIDA
LICENSED SURVEYOR ANO MAPPER,
t~5 708
O'BRIEN, SUITER O'BREN, INC.
LAND sURVEYORS
CERTIFICATE OF AUTHORIZATION ~L8353
SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL O. ENGLE
2601 NORTH FEDERAL HIGHWAY, DELRAY 8EACH. FLORIDA. 33483
(561) 276-4501 732-3279 FAX 276-2390
DATE OF SURVEY
FEBRUARY 21, 2002
FIELD BOOK PAGE MO.
B. 130 22
B. 158 36
I REVlSED: 3/28/02 - ADDED 1Sc'~LE:'' l" = 20'1
SEAS~AL 'HIGH WA TER LINE
REVISED: 4/5/02 - ADDITIONAL ! ORDER NO: '. ,,~
06/27/201~2
23:20 5617709496
THI~ INSTI~UME, hlT' PI~EPAI~ED BY:
Jarne~ A. Chest~, F. mlU~
_L,~J-_g & Qemm, P.A.
Suae 2O0
B0014 14246 PI::I6E 1431
IRREVOCABLE SPECIAL POWER OF ATT'ORNEY
(By Individuals)
STATE OF FLORIDA
oou.
I/We, ~)/_.¢~,,_ ~, Y¥~//~¢_.~ ~::~,~¢ ~--~,./~/.,~_beminafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attomey 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 heroin 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
~,~ ~Y~,-~'_ , 204> ')-and the powers and authority shall be irrevocable by
Grantee.
06/27/20~]2
=.
23:20 56~770949~ GBS ENG P4GE ~8
BI30~ 1424£ ~ 143~
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of ~-uh,~ .... in the year two thousand and ~L,/~ .
~),led and delivered in the presence of ./ /~' //~/ ~d'~-~
Wit~ss Print ~me
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
of
)
) ss:
_~_THE FOREGOING INSTRUMENT~fas acknowlffdged before me this day
,~ are k~wn to me~ ~b ~ve pmduc~
. a~~tion anco di~d~ not take an ~th.
NOTARY PUBLIC
Type or Pdnt Name
~mmisNon No.
My Commission Expires:
POA. IND
Division of Corporations
BOOK 14~4~
Page 1 of 2
1433
Florida Limited Liability
OCEAN RIDGE DEVELOPMENT COMPANY LLC
PRINCIPAL ADDRESS
6277 N OCEAN BLVD
OCEAN RIDGE FL 33435 US
Changed 05/22/2002
MAILING ADDRESS
P O BOX 388
BOYNTON BEACH FL 33425 US
Changed 05/22/2002
Document Number FEI Number Date Filed
L99000006709 650957597 10/14/1999
State Status Effective Date
FL ACTIVE NONE
Total Contribution
0.00
Registered Agent
Ii Name&Address il
ELK, SCOTT A
4800 NORTH FEDERAL HWY
STE 200-E
BOCA RATON FL 33431
Manager/Member Detail
Name&AddreSSmcK1NNEY, FRANK ii Title il
4800 N. FEDERAL HIGHWAY, SUITE 200-E MGR
BOCA RATON FL 33431
Annual Reports
ii Report YearII Filed DateIlIntangible Tax
I
2ooI Il o4/17~2oo~II
.../cordet.exe?al =DETFIL&nl =L99000006709&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=&r3=&r4=OCEANI~09/18/2002
Division of Corporations
Page2of2
BOOIt 1~246 PP~E 1434
Dorothy H. ~ilken~ Clerk
No Events
No Name History Information
View Document Image s~
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
.../cordet.exe?a 1 =DETFiL&nl =L99000006709&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=&r3=&r4=OCEAN 09/18/2002