R03-028RESOLUTION NO. R03- O/[/B
A RESOLUTION OF THE CITY COMMISSION 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 CHESTER A. DAMAN.; AND
PROVIDING AN EFFECTWE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
water and sewer service area, located in the San Castle project area, at 1804 James Road,
Lantana, Florida; 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
urisdictional limits; and
WHEREAS, the subject parcel currently contains a single family residence, and only
)otable water is available for connection to the property at this time, due to recent water main
mprovements constructed during the San Castle project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is hereby ratified as being truc
and correct and incorporated herein by this reference.
Section 2. The City Manager and City Clerk are hereby authorized and directed to
execute a Water Service Agreement between the City of Boynton Beach, Florida and
Chester A. Damon, a copy of said Agreement being attached hereto.
Section 2. This Resolution shall become effective immediately upon passage.
S:\CA\RESO~,greements\Water Service\Damon Water Service Agreement.doc
PASSED AND ADOPTED this I~ day of February, 2003.
~--~C~~ner
Commissioner
S:\CA\RESO~Agreements\Water Service\Damon Water Service Agreement.doc
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
0flic~ ..~f the City Ciera
Oit7 ~f B0ynt0r~ Beach.
?. 0. ~0x 310
8oynicm. Beach, Florida 3342~
IIIIilllillllllllllllllllll
03/11/2003 08:47:23 20030136698
OR BI( 14904 PG 0701
Palm Beach County, Florida
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this i~] day of ~3ruz3_r,z ,20 O3, by
and between C./, ~-/w- ~. ~,t~,~,.. ~ hereinafter called
the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the
State of Flodda, 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, Flodda
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 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
BOOK 14cJ~4 PAGE 070~
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 wdtten 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 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 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 attomey 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.
BOOK 14904 PAGE 0703
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, the parties hereto have set their hands and seals this
day of ,200_.
WITNESS:
(As to owner)
INDIVIDUAL(S) AS OWNER(S):
(Print name) '~
(Print name)
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
) SS: ·
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesai,,d and in th.9 County aforesaid to take acknowledgments, personally
appeared (,~$-~¢J~ -~_~ ¢-~ 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
I~rsq)nally kngw, n to .me or provided the following proof of identification:
WITNESS.,j~y~hand and official seal in the County and State last aforesaid this
daY of ~.~(~ ,20~
(Notary Seal)
WITNESS: ~~
-- l
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
ublic
CITY OF ~FLORIDA
KURT BRESSNER
CITY MANAG£R
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and,, in the County..,a. fpr_esaid to take acknowledgments, personallv
appeared .~cK1/- .~)r(~._f.~h~-~.r~. ~t~,~and ~"'~,t.~-~-- /')'t ~ ~n ~.-.m
City Clerk 'respectively, of the Cit/y ~'a-I~(~d in the foregoing agr(~ement ';a~d that -tl~e~'''
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.
..~ITNESS r~ h~nd and official seal in the County and State last aforesaid this
/'7/--: Uay of /'"-~--- ./D r.c, ,~ ,--~,,~ ,200~
(N
/~[~'ty Attorney/ :i
Notary Public -~"~'~. ~----¥'/~-"~s'/"~'
Legal Description Approved:
JAC/Ims
900182
12/12/95.rev
WATERS RV. 1