R02-151RESOLUTION NO. R02- I~"1
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 SEA HORSE BATH & TENNIS CLUB, INC.,;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is outside of the City limits, and is currently served
by City potable water only, located at 4001 N. Ocean Boulevard, in unincorporated 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, the property owner now desires to connect to the City's sewer system;
and
WHEREAS, this Agreement is intended to validate the proposed and existing
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~Agreements\Water Service\Sea Horse Bath & Tennis Water Service Agr.doc
Sea Horse Bath &B Tennis Club, Inc., said Agreement being attached hereto as Exhibit "A"
and made a part hereof.
Section 2. Upon execution, this Agreement shall be filed in the Public Records of
Palm Beach County, Florida.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of September, 2002.
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~.D
Commissioner
S:\CA\RESO~Agreements\Water Service\Sea Horse Bath & Tennis Water Service Agr.doc
James A. Cherof, Esquire.
Josias & Goren, P.A.
3099 East Comme~¢ia/'~lv'd
Suite 200
Ft. Lauderdale, FL 33308
IIIIIIIIIIIIIllllllllll
i0/0c~/~ 08:%§:3? ~lGe. l?
OR Bi< 1%~_14 I)G 0%51
Palm Beach County, Florida
AGREEMENT ~DR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS
AGREEMENT
made
on this ~0 day of ~
~ 20q2 by and between THE SEA HORSE BATH & TENNIS CLUB, INC. '
hereinafter 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
1. The City agrees to provide Customer with water service
from its Municipal Water System tQ service the real property
described as fOilows and which Customer represents is owned by
Customer: Exhibit A
35
2. The .Customer and the City hereby agree that there are
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
facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to
the Customer's premises."m 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 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
owRer.
6. ~he 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.
2
7. Any.rights-of-way or easements necessary to accommodate
the connectioBs.:shal1 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 purchmsers of any or part of this property of
this covenant and of the irrevocable bpecial 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, 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 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 modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to
be bound thereby.
IN WITNESS WHEREOF,
and seals this ..~O day of
WITNESS:
(As to owner)
(As to owner)
the parties hereto have set their hands
~--%_~ 2002 , XtXM3]~..
CUSTOMER AS OWNER'(.~.'~
THE SEA HORSF~ BATH
William Davis, Presid~f.~
Secretary (Print name)
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FJ~ )
COUNTY OF .....
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 WILLIAM DAVIS, President of
~ ~a ~ORSE'BATH & TENNIS CLUB~ INC. tO me known to be the person(s)
described in and who executed the fOregoing instrument that he/she
~ acknowledged before me that he/she executed the same; that the
individual was personally known to me or provided the following
proof of identification: q~'~,
WITNESS my hand and officia~-~ea% in the County and State
aforesaid this._.:~~d?aY of ~ ~' 2002
'"' : :~& ~' N ' ~ ' '--
· .< :~..-: .~=~:: otary Publ ~c
last
BO0~ 1421~ PAGE ~455
Dorothy H. Wilhene Cle~h
WITNESS:
CITY BOYNTON BEACH, FLO
-
'?~L~../~?:: ..... "
· ~/~1/.
STATE OF FLORIDA ))SS: .ppEO? ~,~
COUN~ OF PALM BEACH)
I HfiRfiBY CfiRTI~Y that on this day, bofore mo, an offico~ly autho~zod in tho
Stato afoms~ and in tho. Goun~ aforesaid to tako acknowlod~monts, porsonally
appeared ~~ ~e~/~. ,
Mayor and ~~ ~ 1 ~ / ~o , Ci~ CleA respectively, of the City
named in the foregoing agreement and that they severally acknowledged executing
same in the presence of ~o subscribing witnesses freely and voluntarily under
authority duly vested in them by said Ci~ and that the City seal a~xed thereto is the
tree co.orate seal a~xed thereto is the tree co.orate seal of said Ci~.
/o~ WITNESS my hand and ,official seal in the County and State last aforesaid this
_day,;,?. ,.~e~;q'-¢~,~/~ ~' r ,200Z.
(Notary II~a~
i1~ F-.XPIRE& Fel~ay 24, aX)4
Notary Public
Approved as to form:
Legal Description Approved:
JAC/Ims
900182
12/12/95. rev
WATERSRV. 1
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Com~ercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF K~ 0HIO
COUNTY OF
I/We, THE SEA HORSE BATH & TENNIS CLUB, INC., a Florida hereinafter
corporation
"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:
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF ~ OHIO
I/We, THE SEA HORSE BATH & TENNIS CLUB, INC., a Florida hereinafter
corporation
"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 2002, l~x and the powers and
authority shall be irrevocable by Grantee.
the
IN WITNESS WHEREOF, we have hereunto set our hands and seals
2002
Sealed and delivered in the presence of
W~tness f ~
Witness
Print name
William Davis, President
SEA HORSE BATH & TENNIS CLUB, INC.
Witness
Print name
Witness
STATE OF F~hM~-fh%~ C)~ ~O )
) ss:
COUNTY OF '~ )
THE FOREGOING INSTRUMENT was acknowledged before me this
day of ~-~¢~ , ~9 20O2by William Davis, President
of Sea'Hor~e Bat~'~ Tennis club, IncWho are known to me or who have
, as identification and who
produced ~
did/did not take an oath.
My Commission Expires:
NOTARY PUBLIC
Type or Print Name
Commission No. ! CPO ~,~.~ /
BCarol MacMillan Stanley_
oard Certified by Florida t~ar
In Wills, Trusts and Estates.
Real Estate
Law Offices
MacMillan ~ Stanley
29 Northeast Fourth Avenue
l)elray Beach, Floricla 33483
Telephone (561) 276-6363
Facsimile (561) 276-8881
Neil E. MacMillan
1918 - 1996
I HEREBY CERTIFY on this 12th day of August, 2002, the following:
THE SEA HORSE BATH & TENNIS CLUB, INC., a corporation existing under the
laws of Florida, and having its principal place of business at 4001 N. Ocean Boulevard,
Gulfstream, Florida 33483, is the owner of record of the following described property:
The South 300 feet of the North 2219 feet of Government Lot 2, Section 34,
Township 45 South, Range 43 East, Palm Beach County, Florida, lying East
of the East right of way line for State Road A-1-A.
Carol MacMillan Stanley
Sworn to and subscribed before me this 12tht day of August, 2002, by Carol
MacMillan Stanley.
~,,~--~gary Pul~~of Florida
~ ..... .,ov.~,2oo3 ,,
RECEIVED
AUG 1 2 2002
BOYNTON BEACH UTIUTIES