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R04-003RESOLUTION NO. R04- ~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND GARRETT M. BENDER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our water and sewer service area, for a 4.84 parcel of land located along Barwick Road; and WHEREAS, the subject parcel is intended to be redeveloped as part of a single- family home subdivision containing approximately 21 units with gross density of 2.63 dwelling units/acre. WHEREAS, City policy requires annexation of the property to be serviced at the :arliest practicable time, as a condition of the granting of water services outside its urisdictional limits; 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 hereof. Section 2. The City Manager is hereby authorized and directed to execute a Water ;ervice Agreement between the City of Boynton Beach, Florida and Garrett M. Bender, said kgreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. ;:\£A\RESOL&greements\Water ServiceX~Bender Water Service.doc PASSED AND ADOPTED this ~:> day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA M~r .~ Commiss~'ner . .~ lerk S:\CA~RESO~Agreements\Water Service~Bender Water Service.doc Ad 01/27/2004 12:19:17 20040046880 OR BK 16480 PG 0392 Palm Beach County, Florida Dorothy H Wilken, Clerk of Court THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Office of the City Clerk City of Boynt0n Beach P. 0. Box 310 Boynton Beach, Florida 334Z~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this 18th day of November, 2003, by and between Garrett M. Bender 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 b.y 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 °~" ' · · ~,., o,,o,, m no way ~mpa~r the power of attorney nor ,.~n-o,,~,~,e s ,~,,,,,,,,~,,,,,, 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 i above. This Agreement and the power of attorney referenced Mov 20 03 09:25a Land Design South 561 4?8 5012 p.3 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 he.~eto have set their hands and seals this ~ day of ~.¢g,~z.~ ,200?. WITNESS: /~ss Signatur~ Printed Witness Name Printed Witness Name INDIVIDUAL(S) AS~WNER(S): Owner Signature Garrett M. Bender Witness Signature Printed Witness Name Owner Signature Printed Owner Name Witness Sisnature Printed Witness 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 aforesaid a~.~~,Co/~ty a~ke acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing 'Tnstr'umenz that h.~.e/she~edged before me that h~she executed the same; that the io. dividual was P-~rsonally Kno~rT-~,~ mo or prov-',ded the following proof of identification: ~/.~NESS my hla. n.d an.d official seal in the County and State last aforesaid this. ¢Y-12' "day of (Not a ry...~ Finn 3ohnson ~..,~;{~.~.~ September 20, 2007 WITNESS: CITY OF BOYNTON BEACH, FLORIDA ~ May~((' ' / ATTEST: 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, ~ersonall,,y , appeared '~e-¢-¢--,l, -'T~I~f~ , Mayor and .3C¢~__¢~4..£~ ;4-~._o ............ City 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 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 I$~;~ day of CT~gn ~/ ,200~_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 900182 12/12/95.rev WATERSRV.1 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 FLORIDA COUNTY OF Palm Beach I/We, Garrett M. Bender, 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 18th day of November, ,~r~ ~d the powers and ~' Nov 20 03 08:25a Land Design South 5B1 478 5012 p.5 j~ ~/~,I~TN~_ESS WHEREOF, we have hereunto set our hands and seals the f t,~yu~,----, in the year two thousand and (~ . ,/3 Sealed and delivered in the presence of  N~ Print~ Owner Name Witness Signature ~¢nted ~tness ~ame STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) ! ~THE FOJq~,EGOiNG LNSTRUMEN I. was acknowledged before me thi ay of · ,20~c~-;'', by :~'g-'f,~f/' ~ · ~ ~ , who are known to me or who have produced as identifica~h'"~.~ did/did not t~,ke an oath. =,: :.:- MY COMMISSION # D0246449 EX'ES ~:. ~-~ September 20, 2007 ·,,,,,..°~'~, ..... , ...~m U~.~FA ,~s~..~, ..... ' ~"" Type or Print Name Commission No. My Commission Expires: POA.tND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) ss: THE FOREGOING INSTRUMENT was acknowledged before me this ~ day of ,20.__, by and , who are known to me or who have produced , as identification and who did/did not take an oath. My Commission Expires: POA.IND NOTARY PUBLIC Type or Print Name Commission No. Endorsemel Name of O tt No. iginal Insured: ENDORSEMENT Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA 1 OPM-2339214 to Policy No.: Garrett M. Bender December 16, 2002 at 9:34 a.m. Original E~.~ective Date: Original Amount of Insurance: $ 1,150,000.00 Current ~ount of Insurance: $ 1,150,000.00 The policy ~. hereby amended as follows: Schedule A,i?I'he Effective Date is hereby amended as follows: July 31, 2003 at 11:00 p.m. Agent's File Reference: 02-720 (Continue t~ ~ endorsement on selmrate continuation sheet if necessary.) George W. Mathews III, P.A. ~ ~ By - /i; gents Signature October 7, 2003 7587 Agent No. Attorneys' Title Insurance Fund, Inc. Charles J. Kovaleski President Jan .09 04 08:31a Land Design South 561 4?8 5012 p.2 ENDORSEMENT Endorsement No. Name of Original Insured: Original Effective Date: Original Amount of Insurance: Current Amount of Insurance: Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA I OPM-2339214 to Policy No.: Garrett M. Bender December 16, 2002 at 9:34 a.m. $ 1,150,000.00 $ 1,150,000.00 The policy is hereby amended as follows: Schedule A, The Effective Date is hereby amended as follows: July 31, 2003 at 11:00 p.m. Agent's File Reference: 02-720 (Continue text of endorsement on separate continuation sheet if necessary.) but in ail other respects remains unchanged. George W. Mathews III, P.A. _ '// Agent s Signature En~t o~,. ~v t~6l October 7, 2003 7587 Agent No. Attorneys' Title Insurance Fund, Inc. Chaxles J. Kovaleski President 3an.09 04 08:32a Land Desicn South 561 478 5012 Sebeduic. A~,:,.'. u=~ ~ F.~ ofd~ W~ {30 'feat. AND p.7 p.7 Jan .09 04 08:32a Land Design South 561 478 5012 p.8 · jul ~6 03 04:09p Jo.*"~en aalli J~-i4~ ~;~'~ F~iGC~.~l=,l:, P.A. Attorneys' TJlI~ ~urm~ F-re;l, .%hedule B I0, Jan.09 04 08:32a Land Design South 561 4?8 5012 j, ./ 40 80 120 · COCONUT LANE RIDGEWOOD ROAD L.W.D.D. LATERAL CANAL NO. ;50 NOT TO SCALE LEGAL DESCRIPTION PARCEL I THE NORTH ~.BOo:~ FEET, LESS THE WEST I;50 FEET (MEASURED AT RIGHT ANGLES) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION I, TOWNSHIP 46 SOUTH, RANGE 42 EAST, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THE WEST I;50 FEET (MEASURED AT RIGHT ANGLES) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION I, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS RIGHTS-OF-WAY AND EASEMENTS OF RECORD. AND THE WEST HALF (W I/2) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION I, TOWNSHIP 45 SOUTH, RANGE 42 EAST, LESS THE SOUTH 115 FEET AND THE WEST 130 FEET AND PART OF THE NORTH 280.;) FEET LYING EAST OF THE WEST I;50 FEET. AND THE EAST HALF (E I/2) OF THE SOUTHEAST QUARTER (SE I/4) OF THE SOUTHEAST QUARTER (SE If4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION I, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LESS AND EXCEPTING THEREFROM THE SOUTH 115 FEET AND LESS THF NORTH 280?- FEET AND THE EAST 40 FEET. DESCRIPTION: ( OVERALL PARCEL ) THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION I, TOWNSHIP 46 SOUTH, RANGE 4;) EAST, PALM BEACH COUNTY, FLORIDA, LESS THE EAST 40.00 FEET AND LESS THE SOUTH 115.00 FEET THEREOF. CONTAINING 8.00 ACRES MORE OR LESS. Palm Beach County Property Appraiser Property Search System Page 1 of 1 -Property Information Gary R. Nikolits, CFA Palm Beach County Property Appraiser Public Access System Location Address: 4615 RIDGEWOOD RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-42-46-01-00-000-7130 Subdivision: Official Records Book: 14538 Page: 763 Sale Date: Dec-2002 1-46-42, W 130 FT OF SE 1/40FSE 1/4 OF SW 1/4 (LESS S 90 FT L-30 Legal Description: CNL PJW) ~Owner Information Name: BENDER GARRETT M Mailing Address: 876 OLEANDER ST BOCA RATON FL 33486 3544 -2003 Certified Appraisal Improvement Value: $221,621 Land Value: $47,025 Market Value: $268,646 Use Code: 0100 Number of Units: 1 Total Sq. Ft: 5220 Acres: 1.65 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $5,252.30 Non ad valorem: $258.10 Total: $5,510.40 -2003 Certified Assessed & Taxable Values Assessed Value: $268,646 Exemption amount: $0 (2003 Exemption) Taxable: $268,646 Exemption Information Unavailable. Sales Information Sales Date Book Page Price Instrument ~ 14~ 763 $1,150,000 ' WD Jan-1991 06711 0567 $100,000 QC Sep-1988 05807 1388 $170,000 WD Sep-1988 05807 1385 $100 RD Owner BENDER GARRE'I-I' M I~H.~om~ack L l Search I ( Search Result I Please send us your feedback Copyright © 2002 by Palm Beach County Property Appraiser All Rights Reserved .ttp ://www. c o.palm-beach, fl.us/p apa/main/detail_info, asp ?p_entity=00424601000007130 1/8/2004