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R04-004RESOLUTION NO. R04- tbi3q A RESOLUTION 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 MITCH AND TERI GEVINSON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our ~,ater and sewer service area, for a 3.16 acre parcel of land located along Barwick Road; and WHEREAS, the subject parcel is intended to be redeveloped as part of a single- 'amily home subdivision containing approximately 21 units, and 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 I'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 ~ereof. Section 2. The City Manager is hereby authorized and directed to execute a Water ervice Agreement between the City of Boynton Beach, Florida and Mitch and Teri ;evinson, said Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. :\CA\RESO'~Agreements\Water Service\Gewnson Water Service Agreement.doc PASSED AND ADOPTED this (~ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Commissione .lerk :\CA\RESO~Agreements\Water Service\Gevinson Water Service Agreement.doc ,Ac 01/27/2004 12:19:17 20040046881 OR BK 16480 PG 0406 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 ~ City of Boynton Beach P. O. Box 310 r!nv,q'~.on Beach, Florida 3342.", AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this 18th day of November, 2,003, by and between Mitch and Teri Gevinson 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 th~,t 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 ~ff-ser~i-¢c shall in no way impair thc power of attor-ney ncr constitute ~ dimi,-,ut-i-o,-.,-- · 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 Hov 20 03 OS:2Sa Land Design South 561 478 5012 po2 herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, §rantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assi§ns. 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 modificatiops or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. .IN WITNESS W. FI~REOF, the parties her..eto have set their hands and seals th is ~/O'/d day of /~g~, 200_~ WE~ANESS: ,,~ Signature Witness Signature Printed Witness Name O.~.~ s s Signature rPr~t.~d Witness Name Witness Signatur~ INDIVIDUAL(S) AS OWNER(S): Mitch Gevinson Teri Gevinson 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 and in the County a~o, resaid to take acknowledgments, personally appeared ./~/~ ~ '~'-~e? ~/'~~ to me known to be the perso~_n(s) described in and who executed~ 'inStrument that he/she acl~nowledged betore me that he/she executed the same'.,~_ that the individ~ known to me or prov. Lided the following proof of identification: WITNESS my hand and official seal in th_e County anaL State last aforesaid iNotary Sea I~;?, ' ~ ....~.,., ~,~, .~ Ran ~hnson ~:.~_.:.:..~ M¥CO~M~S~ON~ ~24~49 EX,RES q~ffary Public-~ ~ ~ ~pmrnber 20, 2007 WITNESS: CITY OF BOYNTON BEACH, FLORIDA 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 ,~-~-¥ ~,¥1o ¢_ ' Mayor and ~.~¢d-¢'¢-,~;~;-J-o , City Clerk resibectively, 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 sea! affixed thereto is the true corpo~ateseaLo~ s~id City. WLTNESS my ha_nd and official se I in the County and State last aforesaid this /~' day of ~7~.~q,e~ a, 200Y. ,~.~-:,_,f:,~ Barbara M. Madden (Notary Seal) Notary Public Approved as to form: City Attorney Legal Description Approved: 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, Mitch and Terri Gevinson, 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 :l. Sth day of November, 2003 and the powers and-authority shall be irrevocable by Grant¢c-. Nov 20 03 OS:2Sa Land Desicn South 561 4?8 5012 p.4 · IN WITNESS WHEREOF, we have hereunto set our hands and seals the'/~/)~ day of ,~/ /U(~~-''~'-, in the year two thousand and 0~ Sealed and delivered in the presence of WitneSs signatu}e Printed Witness Name Oss Signature Printed ~itness N~me Wit~ss Signatde ~rinted Witness ~ame 'OWner Sig~/e MJtch Gevinson Printed Owner Name ~ ~i~P ~....~ _ OWne'~nature Teri Gevinson Printed Owner Name STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS: //~,~HE FOREGOING INSTRUMENT wills_ acknowledged ..before are known to me or who have produced me this ,~ay of ,,. who_ as identification and who 'did/did not take an oatn. Fran ]ohnson MYCOMMI$SION# D0246449 EXP~ES Seplember 20, 2007 BONDED Tl~U T~OY FAIN INSUF. ANCE, INC ~ype or Print Name i2/12/2003 13:49 5619644630 TITLE EVIDENCE OF SF PAGE t Title Evidence of South Florida, Ina 3900 Woodlake Blvd, Suite 314 Greenacres, I~'L 35465 (561) 964-5707 owN mP & ENCU I NCE ?ORT O~ER NO. 1312125 EFFECTI~ DATE: 6/03/03 to 12/03/03 ~ 8:00 mm. 1) LEG~ (~ per last deed of record): Mi~h Gev~on ~d TcH Gc~nsoa, ~s w~e 3) OPEN MORTGAGES: a) Me.gage ~ favor of Wacho~a Rank filed ~1 ~/03 in O~i~ ReceSs Book 14802, P~e 111 ~ ~e ~o~t of $487,500.00 4) OTItER LIENS OF RECORD: a) Power of Attorney filed 3/18/2003 in Official Records Book 14939, Page 1842 b) Order fxled 5/14/03 in Official R¢c~md~ Book 13701, Page 857 5) TAXES: Taxes for the year 2003 are NOT PAID, in the gross amount of $4,028.41 Property Control # 00-42-46-01-00-000-7370 NOTE: The Company makes no representations as to whether judgments reported above, ff any, creates a lien against the subject property, or that the judgment debtor ts one anti the same as the grantee listed above in item 02 above. ,&ny reference to Official Record Book mad Page on tiffs report would be found in thc Public Records of PALM BEACH County, Florida. 32/12/2003 13:49 5619644630 TITLE EVIDENCE OF SF PAGE 02 This report is not an opinion of title, a title insurance guarantee, title insurance commitment or policy of any kind. The Company assumes'no liability grtater than thc actual amount paid for this report, Thank you for your request. If you have any questions or comments or should be in need of any additional gervicet please do x~ot hesitate to contact our office. T/~'~. VIDEI~:~E of So#lb ~orida, Inc. 40 80 120 iii __ 401 COCONUT LANE ' , P. IDGEWOOD ROAD L.W.D.D. LATERAL CANAL NO. 30 I /"~P A tl/~l~l I~,-1 A D NOT TO SCALE THE NORTH 280.2 FEET, LESS THE WEST 130 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. TOGETHER WITH: PARCEL 2. THE WEST 130 FEET (MEASURED AT RIGHT ANGLES) OF ']'HE 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, "-'UBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS I-~IGH1S-OF'-WAY ~,ND 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' 46 SOUTH, RANGE 42 EAST, LESS THE :SOUTH 115 FEET AND THE WEST 150 FEET AND PART OF THE NORTH 280.2 FEET LYING EAST OF