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