R02-160
II
RESOLUTION NO. R02- 1(.,,0
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE TWO AGREEMENTS FOR WATER SERVICE
OUTSIDE THE CITY LIMITS AND COVENANT FOR
ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND (I) A.E. VERZAAL AS OWNER AND
HOLIDAY ORGANIZATION, INC., AS CONTRACT
VENDEE AND (2) STRATFORD GREENS, LLC AS
OWNER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the parcels covered by these two agreements are currently held under
separate ownership, but when combined, will create a 35.49 acre parcel, which will contain
143 single-family homes; and
WHEREAS, the subject properties are outside of the City Limits, but within our
utility 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
. urisdictionallimits; and
WHEREAS, the Agreement with Verzaal contains provisions for delaying
ecordation until title to the property is transferred to the contract vendee, which transaction
ust be concluded within one year from the date of this Agreement, or the Agreement will be
ull and void.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
eing true and correct and are hereby made a specific part of this Resolution upon adoption
:\CA\RESO\Agreements\Water Service\Verzaal - Holiday Org and Stratford Greens Water Service Agr.doc
II
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 (I) A.E.
Verzall as Owner and Holiday Organization, Inc., as Contract Vendee, and (2) Stratford
Greens, LLC as Owner, copies of said Agreements being attached hereto and made a part
hereof.
Section 2.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this .J.1...- day of September, 2002.
CH, FLORIDA
Vice Mayor
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Roa-lloa
THIS INSJRUMENT PREPARED BY:
James A. Cherof, EsquIre
JosIas a. Goren, P A
3099 East CornmeId.II BIYd.
Suite 200
R. Lauderdale, R. 33308
I111111111111111111111
10/17/2002 16:10:22 200205~9332
OR BK 1 ~282 PG 1980
Palm Beach County, Florida
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'- -' AGREEMENT FOR WATER SERVICE OUTSIDE
THE em UMITS AND COVENANT FOR ANNEXATION
20R by and
WHEREAS, Customer owns real property outside of the jurisdictional limits of the
Oty of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the aty of Boynton Beach, Florida
provide water service to the property owned by Customer; and
WHEREAS, the my of Boynton beach has the ability to provide water service to
Customer's property; and
WHEREAS, the Oty 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 my 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 aty 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 and which Customer
represents is owned by Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are l43. Equivalent
Residential Connections which Oty shalf service.
3. The Customer agrees to pay all costs and fees of engineering, material,
l:::lihnr Inc:t::all:::litinn:::linn ine:nArlinn nf ~ f:::1Jri'ltit:llC :::lie: rAn. t1n:l1t'f hv th~ ritv nf Rnvntnn
BOOK 14282 PAGE 1981
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 Oty 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 Oty 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 fadlities extended from the City
Water Distribution System to and indudfng the metered service to Customer shaH be
vested in the City exdusively 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 Oty an
Irrevocable Special Power of Attorney granting to the Oty 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 efigible 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
acknowtedges that the consideration of initially connecting to the Oty'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
BOot< 1.4282 PQGE 1. 9,92
all subsequent transferee, grantees, heirs or assigns of Customer shall be bincling on
the Customer and all successors and assigns.
10. It is agreed that the Oty 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 drcumstances 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 shan be valid upon the parties unless in writing executed by the parties
to be bound thereby.
IN ~REOF' tl1e parties hereto have set their hands and seals this
J-hJ._day of ~ , 2OO~
55: . CUSTOMER AS OWNER(S):
JX9A &8RP8RAlt: UEJTA~'ft6N:
STATE OF NEW YORK )
) 55:
COUNTY OF NASSAU )
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 Richard
SaitiO to me known to be the person(.) described in and who executed the foregoing
instrument that he/.. acknowledged before me that he/- executed the same; that the
individual was personally known to me 9r JilN'Jided If.... fullvril"y ~vvr vf I~.ttn_u_l :
eOOK l4282 PAGE 198J
c1~ WITNESS n offidal seal in \fie County .aOd State last aforesa... lei this
1-<( day of . , 2
(Nolary Seal) . .' ~/
,IOYCE LANG . -
Notary Putiic..State of NewYerk ry Public
No. 30-4918239
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C .. .. f-" 0 /) 0 <tJ
omm.-on I:llpII'H _, ._
WITNESS:
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STATE OF FLORIDA)
) ss:
COUNTY OF PALM BEACH)
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I HEREBY CERTIFY that on this day, before me, an offrcer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared Jf f4,.lcI 13 ~() e 11/ h ~ '
Mayor a ~tf((,I1 {-f ? ea;;'J Ii 0 , Oty Clerk respectively, of the City
named 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 Oty and that the City sea' affixed thereto is the
true corporate seal affixed thereto is the true corporate seal of said City.
WITNESS my hand and offidal seal in the County and State last aforesaid this
~ s~ day of S e-r!<t /1I1J<(~ , 200,a.
(Notary Seal) ",111111, Barbara M Madd
,,\...~'.y Pv"" . en
f ~,"'~"'f~~ Commission # DD125274
~0.\.Aj~E Expires July 19,2006
~7c~"r..:..~(~~$ Bonded Thru
"'f';",\\' Atlantic Bonding Co., Inc.
JAC/lms
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Notary Public
Legal Description Approved:
BOOK 14282 PAGE 1984
1liIS INSTRUMENT PREPARED BY:
James A. Cherof, Esqun
JosIas.. GoIe1, P.A.
3099 East CommerdaI BIYd.
SUllie 200
R. lauderdale, R. 33308
IRREVOCABLE SPEOAL POWER OF ATTORNEY
(By Individuals)
STATE OF NEW YORK
COUNlY OF NASSAU
I/We, Richard $RJrio. Melpbel'. .atford Oreens. LL~, hereinafter
"Grantee", hereby make, constitute, and appoint THE 01Y 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 em OF BOYNTON BEACH. This power shall extend to the
01Y 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 01Y OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 2.2'" day of
~ .:zogz and the powers and authority shaD be Irrevocable by Grantee.
BryQr", 1.42B 2 PAGE t. gaS
ESS WHEREOF, we have hereunto set our h.ands and seals ~ ""'-
day of in the year two thousand and lWg.
led an delivered in the presence of
Jl;J~'~J
THE FOREGOING INSTRUMENT was ~befcll'e me this ~~ay of
2QgZ, by Richard SoIrio. ~, who~>Wn to me Sf TIms hi.!
, as illentifieetiM and who ../did not take an
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J 0 , t... t; L /I N 6-
Type or Print N I'l'le
Commission No~ {J--. f 9/ ? c: ..3 9
Witness
Wibless
STATE OF NEW YORK )
) ss:
COUNlY OF NASSAU )
oath.
My Commission Expires: 11 p t
POA.IND
~~
-Trd Spirio, Member /
,JOYCE: LANG
Notary Public..State of NewYert
U,).30-4918239
_ .9.ualifi~~ ir; 1\18.~saU.~O~'!tY
Commi$8i(ln txpir.. Feb. OV9 {) 6"
FROM :
FAX NO.
Oct. 30 2000 02:45PM P2
BOOK 14282 PAGE 1986
LEGAL DESCRIPTION:
THAT PARCEL OF LAND LYING AND BEING WITHIN THE NORTHEAST QUARTER (NE 1/4) OF
THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 2, TOWNSHIP 46 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT HE NORHEAST CORNER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF
SAID SECTION 2; Tf-ENCE SOUTH 02011'12" EAST, ALONG THE EAST LINE OF SAID SECTION
2, A DISTANCE OF 66.02 FEET; THENCE SOUTH 89"08'07" WEST, ALONG THE SOUTH RIGHT-
Of-WAY UNE OF LAKE WORTH DRAINAGE DISTRICT LATERAL L-29, PER CHANCERY CASE 407,
A DISTANCE OF' 60,02 FEET TO THE POINT OF BEGINNING OF TI-E HEREIN DESCRIBED
PARCEL; THENCE SOUTH 02011'12" EAST. ALONG THE WESTERLY RIGHT-OF-WAY LINE OF
MILITARY TRAIL (STATE ROAD 606) FOR THE FOLLOWING FIVE CO~SES. A DISTANCE OF
604.75 FEET; THENCE SOUTH 69009'35" WEST, A DISTANCE OF 10.00 FEET; HENCE SOUTH
02011'12" EAST, A DISTANCE OF 114.98 FEET; THENCE SOUTH 02024'07" WEST, A
DISTANCE OF 75.00 FEET; THENCE SOUTH 02011'19" EAST, A DISTANCE OF 360.94 FEET;
THENCE SOUTH 43"29'55" WEST, ALONG THE NORTHERLY RIGHT-OF-WAY OF FLAVOR PICT
ROAD FOR THE FOLLOWING FIVE COURSES, A DISTANCE OF 54.58 FEET; THENCE SOUTH
89011'02" WEST, A DISTANCE OF 400.00 FEET; THENCE SOUTH 88002'15" WEST, A
DISTANCE OF 150.11 FEET; Tt-ENCE SOUTH 8e-03'21" WEST. A DISTANCE OF 49.89 FEET:
THENCE SOUTH 89011'02" WEST, A DISTANCE OF 262,67 FEET; THENCE NORTH 01.58'02"
WEST, ALONG HE WEST lINE OF THE EAST THREE-QUARTERS (E 3/4) OF THE NORTHEAST
QUARTER (NE 1/4) Tt-E SOUTI-EAST OUARTER (SE 1/4) OF SAID SECTION 2, A DISTANCE OF
1197,73 FEET; THENCE NORTH 89008'07" EAST. ALONG SAID LAKE WORTH DRAINAGE
DISTRICT SOUTHERLY RIGHT-Of-WAY LINE, A DISTANCE OF 933,17 FEET TO THE POINT OF
BEGINNING.
CONT AINING 25.46 ACRES, MORE OR LESS.
" I.
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BOOK 14282 PAGE L q87 .
Doro-thy H. Wilken, Clerk
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