Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R98-183
RESOLUTION NO. R98-/~.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND YMCA OF BOCA RATON, AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the subject property is located on a parcel of land located at the northeast corner of Old Boynton Road and Military Trail, which lies within the Utilities Department's service area, but outside of the City limits ; and W~EREAS, 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 W~EREAS, YMCA of Boca Raton is the contract purchaser of the land in question, which is currently owned by Weaver Development, Corp.; and WHEREAS, the executed water service agreement will be held in escrow by the City Attorney's Office until and when the property is sold to YMCA of Boca Raton, at which time it will be recorded. NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COMMISSION OF TEE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and YMCA or Boca Raton, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of Novenmber, 1998. CITY OF BOYNTON BEACH, FLORIDA fi'ce Ma~ '/ ._3 Mayor Pro Tem Com~sioner Commissioner C~ty Clerk , 1920 AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS This Agreemens, made on this It day of ~C~I~/~ , and between 1998, · '~/~ (ff~ ~ ,/~¢~1 .~/~{)~ , hereinafter called the Customer, '- a~d ~he City of Boynton Beach, a municzpal corporatioh' -of the State of Florida, hereinafter called the "CITY." WITNESSETH, that the Customer, his heirs and assigns, for and in consideration of the privilege of receiving water service from the Municipal Water System agrees to the following: t. The City agrees to provide Customer with water services from its Municipal Water System only as necessary to service the pro]ecE described in the Application for Water Service submitted by Customer. The Customer has specified that there will be Equivalent Residential Connections and the Ciny hereby agrees to serve those Equivalent Residential Connections. 2. The Customer agrees to pay all costs of engineering, material, labor, installatzon, and inspection of the facilities as required by the City Code to provide service to the Customer's premises. The Customer shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Customer's premises and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requirzng the Customer to perform the necessary work or the City may have the work performed 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. 3. Any main extension made under the Agreement shall be used only for the Customer, unless permission is granted by the City of Boynton Beach for other party or parties to connect pursuant to the Code of Boynton Beach. 4. 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. 5. The Customer agrees to pay all charges, deposits, and fanes for service and equipment in connection with water service ouEside the City limits applicable under City Ordinances and raEe schedules which are now applicable or as may be changed from time to time. 6. Any rights-of-way or easements necessary accommodate this project shall be provided by the Customer. tO 5-4-98 [ca\agmts\water service\form-escrow] -- I-- between the City of Boynton Beach, Florida and YMCA or Boca Raton, said Agreement being attac~ed hereto as Exhibit "A" $~ction 2. This immediately upon passage. PASSED AND ADOPTED this Resolution shall become effective~ day of November, 1998. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commi s s loner City Clerk Ca\reso\agreem~nts\wa=er service\YMCA of Soca Raton 9/22/98 7. It is understood by the Customer, and shall be binding upon the Customer, his transferees, grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold under this Agreement is made available from surplus. If the surplus does not exist at the time of Customer's actual request for commencement of service, as determined by the City's Director of -Utilities, then this CITY, without liability, may refuse to initiate service to the subject premises. 8. The Customer further agrees in consideration of the privilege of receiving water service from said City, that the execution of this Agreement is considered to be a voluntary Petition for Annexation pursuanE to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be considered a petitionary request for annexation under such other laws. The premises shall be subject to annexation at the option of the City at any time they are eligible under any one or more of the above-referenced laws concerning annexation. Customer shall inform any and all purchasers of any or part of this property of this voluntary petition for annexation and its applicability to such purchasers. 9. The Customer acknowledges that this covenant for annexation is intended to be and is hereby made a covenant running with the land described in "Exhibit A," attached hereto and made a part hereof. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferees, grantees, heirs, or assigns of Customer shall be bound by this Annexation Agreement. 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, aside from the City, 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 Boyn~on Beach, Florida, its Mayor, Members of City Commission, the City of Boynton Beach, Florida, its Mayor, Members of 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. 5-4-98 [ca\agmts\water service\form-escrow] -2- 12. It is understood by Customer and by the City that the attached site plan "Exhibit B" has been reviewed by the City of Boynton Beach for compatibility with the City's comprehensive plan as it relates no land use and density, found to be generally acceptable no the City and is to be the guide for development of this subject land. In the event that the site plan is not -approved, there shall be no commitment onithe part of the City to serve Cusuomer if a subsequent site plan ~results in a change in iand use, density or an increase in equivalent residential connections. 13. No prior or present 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. 14. This Agreement Shall be placed in escrow, to be held by the City of Boynton Beach City Attorney's Office ("Escrow Agent"), until the Customer has purchased the property described herein from. the current owner, ~~b~z~ ~t~. whose address is ~qDO ~1,/~~-~ ~~ , or sixty (60) days from the date ~df-l~h£~ -A~eei~nt, whichever occurs first. ~If the customer has purchased the property within 60 days, the Escrow Agent shall release this Agreement from Escrow and have it recorded in the Public Records of Palm Beach County, Florida. On or before the date of closing, Customer shall notify Escrow Agent in writing that this water service agreement shall be recorded in the Public Records of Palm Beach County, Florida. If the customer has not purchased the property within sixty (60) days, the Agreement shall be null and void and returned to the customer. 15.- The parties to this Agreement agree and acknowledge that this Agreement for Water Service Outside the City Limits is binding for purposes of voluntary annexation, as more fully' described in Paragraph 8 above. 16. Within thirty (30) days of the real estate closing transferring the property to Customer, the Customer shall provide to City a fully-executed power of attorney. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 1998. WITNESS: As to Customer INDIVIDUAL (S} AS OWNER(S): ,~ Cusuomq ..... 5-4-98 [ ca\agmts \water servicekform-escrow] -3- 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 aforeDaid to take appeared ~[ ~\\e ~ person ~ d~sc~i~ed in instrument or has produced identification and executed the same. acknowledgments, personally , to me known to be the and who executed the foregoing [~ ~m~ ~/L~'~ as acknowledged .before me that WITNESS my hand and official _seal in the County a~ State last aforesaid this !!~g'Xday of ~ , 19 ~, . r , OFFICIAL NOTARY SEAL o? P~__?C- D~ANE D WILLIAMS © ~. ~ CC593363 I ...... OCT. My Commission Expires: NOTARY PUBLIC Print or Type Name WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor As to City of Boynton Beach City Clerk (Corp. Seal) STATE OF FLORIDA ) ) 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 , the Mayor and City Clerk respectively of the City named in the foregoing agreement and that they severally acknowledged executing the 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 of said City. 5-4-98 [ca\agmts\water serv±ce\form-escrow] -- 4 -- WITNESS my hand and official seal in the County and State last aforesaid this day of , 19 NOTARY PUBLIC My Commission Expires: (Notary Seal) ~rint or Type Name Approved as to form: City Attorney Legal Description Approved: City Engineer 5-4-98 [ca\agmts\water service\form-escrow~ --5-- Leqal Description A CERTAIN PARCEL OF LAND LYING IN THE SOUTHWEST QUA/~TER (S/W i/4)OF SECTION 24, TOWNSHIP 45 SOUTH, R3~YGE 42 EA~ST, PA/=M BEACH COUl%TTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT TI-rE SOUTHWEST COP. NER OF THE SAID SOUTHWEST QUARTER OF SECTION 24, RUN THENCE NORTH 00-0-00 EAST ALONG THE WEST LIN-E OF THE SAID SOuTFrWEST QUARTER (S/W 1/4) , A DISTANCE OF 1422.74 FEET TO THE CENTERLIN-E OF OLD BOYNTON WEST ROAD; THENCE NORTH 90-00-00 EAST ALONG SAID CENTERLINE, A DISTANCE OF 490.00 FEET; THENCE NORTH 00-00-00 EAST (DEPARTING FROM SAID CE1TTERLINE), A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID OLD BOY'NTON WEST ROAD AND THE POINT OF BEGINNING; THENCE, FROM SAID POINT OF BEGINNING, SOUTH 90-0-00 WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 345.00 FEET TO THE POINT OF CURVATURE OF A CLTR~ CONCAVE NORTHEASTERLY PAVING A RADIUS OF 85.00 FEET; THENCE NORTh~WESTERLY CONTiN-UING ALONG SAiD NORTH RIGHT-OF-WAY LiNE AND ALONG THE A/~C OF SAID CTu~VE THROUGH A CENTRAL ANGLE OF 90-00-00, A DISTA~NCE OF 133.52 FEET TO THE POINT OF TANGENCY, SAID POINT ALSO ~EING A POINT ON THE EAST RIGHT-OF-WAY LINE OF MILITARY TRAIL (SAID EAST RIGHT-OF-WAY LINE ALSO BEING A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE SAID WEST LiNE OF THE SOUTHWEST QUARTER (SW 1/4) OF SAiD SECTION 24) ; THENCE NORTH 00-00-00 EAST ALONG SAiD EAST RIGHT-OF-WAY LINE AND SAID PARALLEL LINE, A DISTANCE OF 1035.73 FEET TO A POINT ON THE SOUTH LINE OF LAKE WORTH DRAINAGE DISTRICT'S CAINAL L-23; THENCE NORTH 89-55-55 EAST A_LONG SAID SOUTH RIGHT-OF- WAY LINE (DEPARTING FROM SAiD EAST RIGHT-OF-WAY LINE OF MILITARY TRAIL) . A DIST.~NCE OF 430.00 FEET; THENCE SOUTH 00-00-00 EAST {DEPARTING FROM SAiD SOUTH RIGHT-OF-WAY LINE), ALONG A LINE P.~qALLEL TO ~N-D 490.00 FEET EAST OF THE SAID WEST LINE OF THE SOUTHWEST QUA/~TER (S/W 1/4) OF SECTION 24, A DISTAxNCE OF 1121.24 PEET TO THE POINT OF BEGiN~'iNG. CONTAINING 11.029 ACRES, MORE OR LESS. SUBJECT TO A PROPOSED 5 FOOT WIDE WALL, FENCE AND LA~NDSCAPE EASEMENT OF THE EAST 5 FEET OF THE ABOVE DESCRIBED PARCEL. T}{IS INSTRUMENT PREPARED BY: ,Tames A. Cherof, Esquire ,7os~as & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~ ~[~ ~im~L, I/We, ~'~[~,~ ~ J~ ~ ~)~ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in GranEee'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 th? 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 ccmmence and be in full force and effecn on the 19~ and the powers and authority shall be irrevocable by Grantee. the IN WITNESS WHEREOF, we have hereunto sen our hands and seals 1/_. day of , in the year one thousand nine hundred and ninety_ Witness Prk~t name Witness Print name Witness STATE OF FLORIDA COUNTY OF PALM BEACH ) ) SS: ) THE FOREGOING day of produced did/did not take an oath. INSTRUMENT was acknowledced before me this 1[~k~ , 19 ~, by ~c3~[ ~/T~/t2 and , who are ~ or who have , as identification and who NO~Y PUBLIC Type or Print Name Commission No. O_~ My Commissmon Expires: I0-~ ~%-0 o POA. IND