R03-166
1 ,
RESOLUTION NO. R03- I bG,
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 ALVIN E. BROOKS; AND
PROVIDING AN EFFECTNE DATE.
WHEREAS, the subject property is located outside ofthe City Limits, but within our
ater and sewer service area, located on the south side of Hypo1uxo Road, west of Military
rail (2.02 acre parcel); and
WHEREAS, the subject parcel is to be developed into a professional office plaza,
and potable water and sanitary sewer mains have recently been constructed on the adjoining
arce1 to the east, and will have to be extended by the developer of this parcel; 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
. urisdictiona1limits; and
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
Section 2.
The City Manager is hereby authorized and directed to execute a Water
Service Agreement between the City of Boynton Beach, Florida and Alvin E. Brooks, said
Agreement being attached hereto as Exhibit "A".
Section 2.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\8rooks Water Service Agreement.doc
PASSED AND ADOPTED this ~ day of October, 2003.
-
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Commissioner
S:\CA\RESO\Agreements\Water Service\Brooks Water Service Agreement.doc
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Joslas & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft Lauderdale, FL 33308
~~:
JrtICt! of the City Clerk
City of Boynton Beach
P. O. Box 310
Boynton Beach; florida 33421
11/12/2003 09:14:38 20030700026
OR BK 16171 PG 0221
Palm Beach County, Florida
IIUIIIUI~IIIIIJIIlUIlIIIIII
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~., /9h:Jay of OcTO~ , 200.3, by
and between AL:VIN~. ~JC:.~ 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. 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 ~ 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. 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
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 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, the parties hereto have set their hands and seals this
aJ..&tday of ~~, _ (()dii-t1 ,2003.
e. ~~~
(As to owner)
(Print name)
(As to owner)
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 aforesaid and in the County aforesaid to take acknowledgments, personally
appeared J4 L 1/ I N E ~ tJRo nf('S 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
~onally knoWfl) to me or provided the following proof of identification:
WITNESS ,.{T1y hand and official seal in the County an
(5 day of U (l6.u c; T J 200:3
~1UAu L~c1PA.cJ
Notary Public
WITNESS:
'/It1i~
~A-^,Ne 5fl~f6~
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Ye\ \Nl Q.t' IN\)'' \ e ~
CITYO B7?~OR'DA
M yor
ATTEST:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in t County aforesaid to take acknowledgments, personally
appeared '-, 'Doe n in, Mayor and JLne f- In, /~N" /1 /f 0,
City Clerk espectively, of the City amed 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.
WITNESS my hand and official seal in the County and State last aforesaid this
c!2 jsr day of O~ , 20~. .
,'\\V~"" Barbara M. Madden
(Notary Seal) $~m~'.;. C()1'l'l'll'llalOll# DD125274
=~ . ~ -- '"'"" 19. 2006
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Notary Public
Approved as to form:
Legal Description Approved:
Q(1J~~
~ City Attorney
JAC/lms
900182
12/12/95.rev
WATERSRV.1
THIS INSTRUMENT PREPARED BY:
James A. Cherof. Esquire
Josias & Goren. P .A,
3099 East Commercial Blvd,
Suile 200
Ft. Lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF A TIORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Pal hi &fi rJ"
I~ ,tJrl- \I J~ t!!:- 8 /Z-DD ~
, 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 SfIr day of
~kJl , 20Q1. and the powers and authority shall be irrevocable by
Grantee.
4
IN WITNESS WH.EREOF, we have hereunto set our hands and seals the ~
day of t&1ftwt' ' in the year two thousand and Thre e .J
e;;~lhepresenceo~;.~
WI ss (<c-K M.Iler . Pnnt name A-WIJ.J I!:. ~~
rA~Ue'l (11. tley-
Witness
Print name
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
- -
THE FOREGOING INSTRUMENT was acknowledged before me this S day
AUG.usT 20123-, by ft'-I/IN E. dROOK.5 and
, who are known to me or who have produced
, as identification and who did/did not take an oath.
~1Zota.t -r. fLkkct
T ARY PUBLIC
e,4-AJPe T W€J()f:JIfRQ
Type or Print Name
Commission No. _Db L 3 3 ~ss
-:>'> 1i:~.t.
of
I ......l:t-. JEANNE T. WOODARD
G~ Notary Public - Sta18 of Florida
I =. . ~ My Commission Expi'eI Ju114, 200II
- ~ Commiaaion' 00133855 ,
~~~ Bonded By National Notary Alan. ~
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My Commission Expires:
POA.IND 7 -!'I-.200'"
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1 in. = 238,7 feet
01110 01S0 0170 0160
0010
7070
7011
7010
7170
7140
0040
0020 0010 0010
0040
0040
0020
0030
0011
0110 0010 0040 0030 0010
~ 0070 00110 00110 1)031 0100
0011
0012
Ct%20
0010
0120
Location Map
06-2003-2240
r
Legal Description
Exhibit "A"
Parcell
The North Y2 of Lot 3, LESS the West 263.32 feet and the South 340.75 feet thereof,
being a part of the Northwest Y. of Section 12 and included in the amended plat of
Section 12, Township 45 South, Range 42 East, as recorded in Plat Book 9, Page 74,
LESS the North 53 feet, Public Records ofPaim Beach County, Florida.
Parcell
The East 109 feet of the West 263.32 feet (LESS the South 340.75 feet) of the North ~ of
Tract 3 in the Northwest If. of the amended plat of Section 12, Township 45 South, Range
42 East, Mary A. Lyman, et ai, according to the map or plat thereof as recorded in Plat
Book 9, Page 74, LESS the North 53 feet, Public Records of Palm Beach County, Florida.
Parcel 3
The North 56.77 feet of the South 340.75 feet of the North ~ of the West Y2 of the
Northeast If. of the Northwest If. of Section 12, Township 45 South, Range 42 East, being
Yz acre, more or less, according to the map or plat thereof as recorded in Plat Book 9,
Page 74, Public Records of Palm Beach County, Florida.
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