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RESOLUTION NO. R04-OOO
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT FOR WATER SERVICE
OUTSIDE THE CITY LIMITS AND COVENANT FOR
ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND HOWARD J. VANDERLAAN, DAVID L.
VANDERLAAN AND VANDERLAAN PARTNERSHIP 2
AS CUSTOMER AND THE HOLIDAY ORGANIZATION,
INC, AS CONTRACT VENDEE; 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 the 9.63 acres parcel located on the east side of Military
Trail, approximately 1,550 feet south of Hypoluxo Road; and
WHEREAS, the parcel covered by this agreement is currently not developed, but is
proposed to accommodate 53 townhouse units and one clubhouse; and
WHEREAS, currently only a water main exists in the Military Trail right-of-way
which will have to be extended at developer expense to serve this project; and
WHEREAS, 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
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.
Section 2. The City Manager is hereby authorized and directed to execute a Water
Service Agreement between the City of Boynton Beach, Florida and Howard J. Vanderlaan,
S:\CAXRESO~Agreements\Water Service\Vanderlaan (Holiday) Water Service Agr-Escrow.doc
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David L. Vanderlaan, and Vanderlaan Partnership 2 as Customer and The Holiday
Organization, Inc., as Contract Vendee said Agreement being attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this IS day of May, 2004.
CITY OF BOYNTON BEACH, FLORIDA
S:\CAXRESO\Agreements\Water Service\Vanderlaan (Holiday) Water Service Ag-Escrow.doc
~ffice' of the City Clerk
CIty of Boynton Beach
P. O. Bo/ 310
Boyntoll Beach, Florida
III~'IIIIIIIIIIIIIIIIIII
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CFN 200E.03002=t0
OR BK 20365 PG 0688
RECORDED 05/19/2086 15:27:21
Palm Beach County, Florida
Sharon R. Boc.k,CLERK & COJlPTROLLER
Pgs 0688 - 696; (9pgs>
3J4Z5
RoLJ -QeO
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~ day of M AV , 200'-, by
and between Howard J. Vanderlaan & David L. Vanderlaan hereinafter called the
"Customer", The Holiday Organization, Inc. , hereinafter called
"Contract Vendee" 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 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, The Holiday Organization, Inc. ,
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 S"1
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 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 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 The Holiday Organization, Inc. 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 The Holiday Organization, Inc. 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
..,
The Holiday Organization. Inc. 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 The Holiday Organization, Inc. , 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~\-i\\l.~ 30, 200~
I N WITNESS WHEREOF, the parties hereto have set their hands and seals
this 21 day of II,....; , 200~
. CUSTOMER AS OWNER(S):
. /"'7 _ Vand~erla .. ership 2, a Florida General .
/' C,.../L-------- _ _ PartnershlP
By: ~
ess Signa~/""c ""A.-N (' ~ xR~S:~Ill~ David L. Vanderlaan, Partner
<J ~- .~. '~g> e;;;:r:.___
Printed Witness Name xRARteck~ David L. Vanderlaan, Individually
~
itness Signature WI 'm e 5 S AS
7ZJ ,4 L-L .
LYnDA S. GOLPmArL..
Printed Witness Name
Secretary Signature
Witness Signature
Printed Witness Name
Printed Name
Witness Signature
Printed Witness Name
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTI FY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgments,
personally appeared David L. Vanderlaan, as Partner of Vanderlaan x!~xfNex
Partnership 2, a Florida General Partnership, David L. Vanderlaan, Individually, and
Howard J. Vanderlaan, Individually, to me
known to be the person(s) described in and who executed the foregoing
instrument that~she acknowledged before me that@/she executed the same;
that the individuab.~~GpersonaIlY known to me.o~o~d t.b8:.follQwi:og ~of~
i~fic~:
WITNESS my hand and official seal in the County and State last aforesaid
this 23 day of A-PR,' L , 200~ .
(Notary Seal) & ~~. 3c7/~
~.o'\.~~",y "v~0 lynda,S',Goldman . Not ry Public
.~ * CommissIon # 00270552
~'<' OF F\-oPt! Expires November 30, 2007
Bonded Troy F8In -'-., Inc. 8lJO.385.7019
WITNESS:
Cwwe.-V1~
Carol ~h()\l~
~,Qhem[ - BlLbefrYXl f]
c.. (14-,941~
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
CITY OF BOYNTON BEACH, FLORIDA
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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:r~(r~ ~()(' ,Mayor
and~Q..," c~+ P~.;A'\L +0 , 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 ,,?- day of Mn...11 ' 200'.
(Notary Seal) ?~. VALaIIE"",TS ch'.I~;1 ~ m IM~
: ':"i MY COMMISSION' DO 346198 Notary Public
""d>.~i EXPIRES: Septembe, 17 -...
fl"" Bonded Thru NolaIy PubIc ~
Approved as to
Legal Description Approved:
I:
City Attorney
~
. Signature
AL/5oIV rcHSA ~
~tne;;~_.. < ~
Witness Signatur
Chuck Halberq. Vice President
~mtef!t'Na,~
~~er; 1- J-o, I4Jr~J1..C- e...-
Printed Witness Name
(CORPORATE NOTARIZATION)
FOR CORPORATE 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 an in th Counw/aforesaid to take acknowledgments,
personally appeared ~ #A to me
known to be ~erson(s) described in and xecuted the foregoing
instrument tha~e acknowledged before me th he/ he executed the same;
that the individual was personally known to me or pro the following proof of
identification:
--jWITNESS my h~ial seal in _t~7'Coun
this OI~Aday of ,200/"'
(Notary Seal)
NOTARY PUBLIC
STATE OF FLORIDA
ALISON FEHSAl
MY COMMISSION # 00006768
EXPIRES: MARCH 25. 2005
c
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, The Holiday Organization Inc., 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: "Il
0~e- '2- E ~A ; h ;.t II If
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
day of
20_ and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
_ day of
, in the year two thousand and
esence of
W' s Signature
A t./~~d~AL
Printed Witness Name
-st.:_ ~.~..<<-
Witness Signatur
Chuck Halberq, Vice President
Chuck Halberg
S'-er ~, L- L~ fU. ~ c...-e.--
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE
day of
produced
an oath.
FOREGOING ~WRUMENT was acknowledged before me this _
, 20~ by Chuck Halberg who is known me or who have
, as i ntification a who di . not ta
"
ARYA'UBlIC r:d/J. .",/ ~
HL./~~ /'t::.- n'5:rl '- ~
Type or Print Name ./
Commission No.
My Commission Expires:
POA.IND
NOTARY PUBLIC
STATE OF flORIDA
ALISON FEHSAl
MY COMMISSION # DD006 7 68
EXPIRES: MARCH 25, 2005
LEGAL DESCRIPTION:
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SCALE: 1" = 50'
.
'PARCEL 1:
NORTH 1/2 (F ThE NORTH 1/2 (F TRACT 14, IN ThE NORTtEAST 1/4 (F SECTION 12. AtteI)ED
PLAT OF SECTION 12. TOWNSHIP 45 SOUTH. RANGE 42 EAST. MARY A. LYMAN. ACCORDING TO ll€
MAP M PLAT llEREOF AS RECOfUD IN PLAT BOOK 9, PAlE 14, Pl8..IC RECORDS OF PALM BEAOt
COlM"Y, FLORIDA.
TOGETtER WITH:
PARCEL 2:
SOUTH 1/2 (F TtE NORTH 1/2 OF TRACT 14, IN TtE NORTtEAST 1/4 OF SECTION 12. AtteI)ED
PLAT OF SECTION 12. TOWNSHIP 45 SOUTH. RANGE 42 EAST, MARY A. LYMAN. ACCORDING TO TIE
MAP 00 PLAT llEREOF AS RECOIUD IN PLAT BOOK 9, PAGE 14, PlILIC RECORDS OF PALM BEAOt
COlJl(TY, FLORIDA.
TOGETtER WITH:
PARCEL 3:
SOUTH 1/2 (If TRACT 14 IN TIE: NORMAST 1/4 (1f SECTION 12. AaeaD PLAT (1f SECTION
12. TO\WtSHIP 45 SOUTH. RANGE 42 EAST, MARY A. LYMAN. ACCQR)ING TO ThE MAP OR PLAT
nEREOF AS RECOfI)ED IN A..AT BOOK 9, PAGE 14, PlB..IC RECOfI)S OF PALM BEAOf COlNTY,
FLamA.
LESS FROM PARCELS 1-3 ThE RIGlT OF WAY OF MILITARY TRAIl.. (STATE ROAD 809)
CClNT AINING 9.633 ACRES. MORE OR LESS
SURVEYOR'S NOTES:
1. THIS SUWEY IS PREPARED FOR HOLIDAY ORGANIZATION, INC. AN} IS NOT ASSIGNABLE.
2. EASaENTS /H) RIGtTS OF WAY SHOWN ~~ R BASED ON TITLE CCMal'NENT M>. CF-<<J2T701,
DATED AUQJST 18. 2003 AT 11:00 P.M.. PREPARED BY ATTOAI\EYS l1Tl.E INSUW<<E fUI). INC.
3. VISIB..E ENCROAOttENTS ME AS SHOWN. NO IN)ERGR(llN) IttFROVEJ,ENTS WERE LOCATED.
4.I:ESCRlPTION F\JNStED BY QJENT. '
5. NOTICE: ~ MAY BE AOOmaw.. RESTRICTIat) THAT NE M>T RECOIlED ON THIS SUWEY THAT
MAY BE FOlK) IN ThE PUlLIC RECOR)S OF THIS COlMY.
6. THIS SKETOIl$ TIE PR()PERTY OF LAWSON. NOBLE Ie WEBB. JNC. AfiI) SHALL NOT BE REPRODUCED
IN WHOLE OR PART WITHOUT TIE PERMISSION OF LAWSON, NOBLE I: WEBB, JNC., IN WRITING.
1. ~ SHOWN ~ Nt::. BASED ON nE WEST LIE OF nE NORnEAST QUARTER OF SECTI~
12-45-42. WHIa-t BEARS S04"39'02"W. AlL BEARINGS ARE RELATIVE nERETO.
8. BOlH)ARY DJNENS[ONS SHOWN NE PER l'SCRlPTION All) FIELD ~ ltLESS OTtERWlSE
NOTED.
9. All. RECORD IWORMATlON SHOWN 1ERE0N IS lOCATED IN TIE PlB.lC RECORDS OF PALM EEAOf
COlM"Y, FLORJI)A.
10. NO INTERIOR NROVBENTS ME SHOWN.
11.lAN)S SHOWN tEREON UE WITHIN Z<H: "8", ACCaIlING TO TIE FLOOD IN9.RANCE RATE MAP PAtEl..
NO. 120192 0190 B. DATED OCToeER 15. 1982-
12. nE CENTER OF SECTI~ CALQLATIOHS lIE BASED ON nE PlAT "<Xl.ONY OF BOYNT~ 8EAQf" /H)
'VI:H1t It.U BY Fa.Nl MON.IBITATla.I OF EXISTING t.ILlTARY RIGHT -()f'-WAY All) ADJOINING TRACT
utES AS LAID OUT ~ IN USE.
13. TRACT DIMENSIONS BASED ON ThE PlAT -AtteI)ED PlAT OF SEC. 121"1*.455. R.42E. MARY A.
LYMAN ET N- - PRORATED TO PALM ElEAQt COt.NTY SECTIONAl DATW (1972FAEE AD&JSTED) Nt)
"vI:.tw-1t.U BY FOlN> t.tCJtIHENTATlON OF TRACT LKS. PlAT Q\E HClttES OF LA'Me<<:E. PLAT BOOK
49, PACES 1831l-ROUGH 185 Nt) PlAT TWO fotCKS OF LAWRENE. PlAT BOOK 49, PACES 186 AN)
187 AS lAID oor AN) IN USE. '
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CERTIFICATION:
I tDEBY CERTIFY THAT TIE SlRVEY SHOWN teEON WAS PREPARED IN)ER MY DIRECTION FOR nE
PlWOSE OF A 8OlN)ARY SlINEY ACCQADING TO A LEGAL DESCRIPTION RBIISI€D. AS SHOWN
teEON, AfiI) THAT IT IS ACCl.RATE TO TIE BEST OF MY I<NOWLEDGE N<<J BELIEF. N<<J THAT THIS
SlRJEY t.t!ETS TIE MINDIN TEaMCAL STANlAfl)S. QtAPTER 616111 FLORIDA lOGNISTRATlVE
CODE, AS SET Famt BY TIE FLORlDA BOAR) (F LAN> SUNEYORS. PlRiUANT TO SECTION 412.027,
FlORIDA STATUTES. nus SlftVEY IS ON-Y VALID ~ nE P\R'OSE AS STATED MJQYE, FOO WHIa-t
IT IS INTEtISl THIS SlINEY 1$ NOT VALID WITHOUT Tt.K Nt> RAISED SEAL OF A
FLamA UCENSED ~VEYOR AN) MAPPER. /
DATE (F SlINEY: 9/19/03
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