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R04-0581 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R04- 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 WILSON B. GREATON, JR., TURSTEE, AND COLSON & COLSON CONSTRUCTION COMPANY AS CONTRACT VENDEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is a 6.21 acre parcel located outside of the City limits, but within our water and sewer service area, located at the intersection of Military Trail and the LWDD L-21 canal; and WHEREAS, the parcel covered by this agreement is currently not developed, but is proposed to accommodate a 136 bed Congregate Living Facility, of approximately 105,200 square feet, with a 2,800 square foot community room; and WHEREAS, the facility is projected to demand approximately 54.49 equivalent dwelling units (17,000 gallons per day) of potable water and wastewater capacity from the City of Boynton Beach; and WHEREAS, currently a water main exists in the Military Trail right-of-way, and will have to be extended at developer expense to serve this project, and the nearest wastewater main is located on Leeward Passage Circle, and will also have to be extended to the property at developer expense; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. S:\CAXRESOXAgreements\Water Service\Greaton Water Service Agr.doc 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 2. The City Manager is hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and Wilson B. Greaton, Jr., Trustee and Colson & Colson Construction Company as Contract Vendee, which Agreement is attached hereto as Exhibit "A". Section 3. Thi?~c,-eement shall not be effective until and unless the property is transferred by fee title to Colson & Colson Construction Co., or its successors or assigns and no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to Colson & Colson Construction Co., or its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of the Customer shall be automatically transferred and assume by the grantee named in the deed from the Customer conveying title to the property as aforesaid. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this &O day of April, 2004. CITY OF BOYNTON BEACH, FLORIDA ~ ~--comm~ss,onm' ~_~ Commi: Agr.doc Illlllllllllllllllllll CF~ 20040255403 OR Bi{ 16916 PB 0700 Palm ~ ~nty, Florida Cie of Boynton Beach P. O. Box 310 ~ynton Beach~ aorida AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this <3.0 day of~l~, 2004, by and between Wilson B. Greaton, Jr., Trustee, hereinafter called the "Customer", Colson & Colson Construction Co.., hereinafter called "Contract Vendee" and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Flodda, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Flodda; and WHEREAS, Customer has requested that the City of Boynton BeaCh, Florida provide water service to the property owned by Customer; and WHEREAS, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject Property from Customer; and WHEREAS, all parties recognize that this agreement is valid only upon the occurrence of the Contract Vendee, Colson & Colson Construction Co., purchasing-the property from Customer, at which time the Customer will voluntary annex into the City of Boynton BeaCh; 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 54.49 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, or if the said real property has been transferred, the transferee, will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer, or if the said real property has been transferred, the transferee, 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 wdtten 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 a, dvance 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 2 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 transferees, 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, or if the said real property has been transferred, the transferee, 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. 13. Customer hereby acknowledges that it has currently entered into a contract with Colson & Colson Construction Co. for the sale of Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for development of the Property and other conditions. 14. This agreement shall not be effective until and unless the Customer transfers legal fee title to the Property to Colson & Colson Construction Co. or its successors or assigns in accordance with the terms of the contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to Colson & Colson Construction Co. or to its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of the Customer shall be automatically transferred and assumed by the grantee named in the deed from the Customer conveying title to the Property as aforesaid, whereupon 3 Wilson B. Greaton, Jr.., their heirs and assigns, shall be deemed released from any further liability or obligation hereunder. 15. Notwithstanding any other term or provision in this Agreement, this Agreement will be null and void, if the Contract Vendee has not acquired the property by ~~-)~, 200~. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of March, 2004. WITNESS: Witness Signature CUSTOMER A,~)O~/)N E R(S): l~res-idurTt-Signature Linda Moller Wilson B. Greaton, Jr., Trustee Printed Witness Name ~Vitness Signature Printed Name Sandra K. Grau Printed Witness Name Witness Signature Secretary Signature Printed Witness Name Printed Name Witness Signature Printed Witness Name .(-.6-8.RPeR~T~ ~~+~~ ) F..O R--6-.(9 RPORA-T.-E N OTA R~7_.A-T-I~Nt. STATE OF FLORIDA ) BROWARD ) SS.' COUNTY OF 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 Wilson B. Greaton, Jr., Trustee, to me known to be the person(~) described in and who executed the foregoing instrument that acknowledged before me that he/~,~ executed the same; that the individual was personally known to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this 16 dayof March (Notary Sea[~,,~;~.;;;,, Linda Moiler _...-,~.o.~.~-,_ Commission #DD166463 :~. 'xt).,z Expires. Dec 29, 2006 ~,*'~ bi ~-L6~'~''~ B o nded Thru """'"' Atlantic Bonding Co. Inc. ,2004 Notary Public WITNESS: ) SS: COUNTY OF PALM BEACH) CITY OF BOYNTON BEACH, FLORIDA / '/- ,~TTEST: 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 ~J'~-f-~ 7-~,~/~ ,Mayor and ~'-J~.~'~ /~-f'P~,'~ ,"/0 , City Clerk respectively, 6f 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. ,,~VITNESS my .~and and official seal in the County and State last aforesaid this :2- ~ day of /-//~¢~,'1 ,200_~. (Notary Seal) ,,,.,.,~.~;:,~ Barbarald. Madden ~%_~oI~ # DD125274 Approved as to form: Ci~ A~omey Notary Public Legal Description Approved: 5 WITNESS: Witness Signature Prinzt~d Witness Name CONTRACT .VENDEE: ~ Signature Printed Name /~.~C---ORPORATE NOTARIZATION~ ~'.,--.2 p~"',P~r"~¢"~-~ A'I""~ I~I/'~T^BI'~'^TIhI~I. rv~ uur~r vi ~r~, u ,.v, ·., .,~-~, ,v,.. STATE OF ~ ) ) ss: COUNTY OF ~i BEAO~ I HEREBY CERTI~hat on this day, before me, an officer duly authorized in the State afore~d.~nd in the~qunty aforesaid to.take ackno~dgmeQts, personally appeared ~ ~ [ ('~ ~m ~- ~/~O~ ~ ~~, ~ ~e~ ~~ to me known to be the person(s) described in and who ex~cu~d the foregoing instrument that h~ acknowledged before me that he~ executed the same; that the individual was persoflally k~wo to me WlTNE88 my han¢ and official seal in th90ounty and 8rate last aforesaid this eCv day of (~ota~ Seal) ~ota~ ~ublic 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 SROWA~9 I/~r~ Wilson B. Greaton, Jr., Trustee , 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: See Exhibit "A" The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 16 day of March , 20 04 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of March , in the year two thousand and four Sealed and delivered in the presence of Witness Signature Owner Signature Linda Moller Printed Witness Name Witness Signature Wilson B. Greaton, Printed Owner Name Jr., Trustee Sandra K. Grau Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) BROWARD ) SS: COUNTY OF PAL-M-t~-A~oH ) of THE FOREGOING INSTRUMENT was acknowledged before me this March ., 20 04, by My Commission Expires: POA. IND 16 day Wilson B. Greaton~ Jr.~ Trustee 8f~ , who are known to me or who have produced ., as identification and who did/did not take an oath. NOTARY PUBLIC Linda Moller Type or Print Name Commission No. ,,,,,~:~,~:,, Lh~da Moiler .-"~.~:. '-- Comm~ssmn #DDI66463 ~. '~..:,..*~ Expires: Dec 29, 2006 "',~7,,~'" Atl~tic Bonding Co., Inc. Exhibit A LEGAL DESCRIPTION: THAT PART OF THE WEST HALF (W. ~) OF THE SOUTHWEST QUARTER (S. W. ~) OF THE NORTHWEST QUARTER (N. W. ~) OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (N.W ~) OF SAID SECTION 13; THENCE N. 89°35'O2"E., ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (N.I/V. ~) OF SAID SECTION 13, A DISTANCE OF 659.63 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF (W. ,I,~) OF THE SOUTHWEST QUARTER (S.W. ~) OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13; THENCE N.O°54'42"W., ALONG SAID EAST LINE, A DISTANCE OF 40.0 FEET TO A POINT ON A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13 AND THE POINT OF BEGINNING; THENCE CONTINUE N.O°54'42"W., ALONG SAID EAST LINE, A DISTANCE OF 852.60 FEET TO A POINT ON THE SOUTH- EASTERLY RIGHT OF WA Y LINE OF MILITARY TRAIL (STATE ROAD 809); THENCE S.44°29'36"W., ALONG SAID SOUTH-EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 72. 75 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A CENTRAL ANGLE OF 29°03'58' AND A RADIUS OF 1850.08 FEET; THENCE SOUTHWESTERL Y, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 938.54 FEET TO A POINT ON A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13; THENCE N. sg°35'O2"E., ALONG SAID PARALLEL LINE, A DISTANCE OF 528.26 FEET TO THE POINT OF BEGINNING. CONTAINING 6.21 ACRES MORE OR LESS. 1 in. = 308.0 feet Location map - Parcel 00-42-45-13-00-000-3050 Page 1 of 1 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Property Mapping System - Parcel Control Number [00424513000003050 ] J-~---'] (ecj. 74434322120080010) - Street Intersection B~f City -' ChOOse a.Municipality [RR~ownship, Section Legend J--~-] Pared Bomdap/ ~'~-~ La ntml~er Palm Beach County Property Map Map Scale 1:7291 Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 3/30/2004 from PAPA http://gisw~b.c~.pa~m-beach.~.us/papagis/presentati~n/mapping/printnew.asp?MAPURL=... 3/30/2004 Exhibit A LEGAL DESCRIPTION: THAT PART OF THE WEST HALF (W. ~) OF THE SOUTHWEST QUARTER (S. W. ~) OF THE NORTHWEST QUARTER (N. W. ~) OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13; THENCE N. 89°35'O2"E., ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (N. W. ~) OF SAID SECTION 13, A DISTANCE OF 659.63 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF (W. ~) OF THE SOUTHWEST QUARTER (S.W. ~) OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13; THENCE N.O°54'42"W., ALONG SAID EAST LINE, A DISTANCE OF 40.0 FEET TO A POINT ON A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13 AND THE POINT OF BEGINNING; THENCE CONTINUE N.O°54'42"W., ALONG SAID EAST LINE, A DISTANCE OF 852.60 FEET TO A POINT ON THE SOUTH- EASTERLY RIGHT OF WA Y LINE OF MILITARY TRAIL (STATE ROAD 809); THENCE S. 44°29'36"W., ALONG SAID SOUTH-EASTERLY RIGHT OF WA Y LINE, A DISTANCE OF 72. 75 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST HA VING A CENTRAL ANGLE OF 29003'58'' AND A RADIUS OF 1850.08 FEET; THENCE SOUTHWESTERL Y, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 938.54 FEET TO A POINT ON A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13; THENCE N. 89°35'O2"E., ALONG SAID PARALLEL LINE, A DISTANCE OF 528.26 FEET TO THE POINT OF BEGINNING. CONTAINING 6.21 ACRES MORE OR LESS. PRRpAR~D BY: Elizabeth Crc&ton Stephany, Esq. Greaton and ~re&ton P.O. Box 39238 Fort L&uderd&le, Florida 33339-9238 Telephone: (954) 561-0313 STATE OF FLORIDA ) :SS. COUNTY OF BROWARD ) AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared ELIZABETH GREATON: STEPHANY ("Affiant"), who, first being duly sworn, on oath, deposes and says: 1. Affiant is a duly qualified attorney practicing law in Fort Lauderdale, Broward County, Florida; her Florida Bar number is 0829293. 2. Affiant represents Wilson B. Greaton, Jr., Trustee, owner of the property located in Palm Beach County, Florida, and legally described on the attached Exhibit "A" (the "Property"). 3. Affiant is of the opinion that Wilson B. Greaton, Jr., Trustee, is the legal owner of the Property and is authorized to execute all documents relating to the Property FURTHER AFFIANT SAYETH NAUGHT. L~IZ~ETH GR~ATON STE~H~ Sworn to and subscribed before me this 17th day of March, 2004, by ELIZABETH GREATON STEPHANY, who is personally known to me. LINDA MOLLE~, Notary Public State of Florida at Large My Comm. Expires: My Comm. No. is: Linda Moller Commission #DD 166463 29, Expires: Dec 2006 Bonded Thru 4~lantic Bonding Co., Inc.