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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 MARTIN DESIGN ASSOCIATINS, INC.;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is a 0.47 acre parcel located outside of the City
limits, but within our water and sewer service area, located at the eastern end of Tucks Road;
and
WHEREAS, the parcel covered by this agreement is proposed to contain a nursery
business with approximately 10 employees; and
WHEREAS, at the City's adopted level of service, the proposed use is expected to
required 250 gallons per day of potable water capacity, and 200 gallons per day of wastewater
capacity; and
WHEREAS, currently water and sewer mains exists in the adjacent Tucks Road
right-of-way.
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.
Service Agreement
The City Manager is hereby authorized and directed to execute a Water
between the City of Boynton Beach, Florida and Martin Design
Associates, Inc., which Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
~:\CALRESOXAgreements\Water ServiceWIartin Design Associates Water Service Agr.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
Ro4-1' 8
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~ day of .~clz::lu..~'r ,20o___~, by
and between ~4~.~¢~..t4,~ .~.~.~¢,c.,~,~ \~__.._ ~ hereinafter called
the "Customer", and the CITY OF BOYNTON BEACH, a rn~nicipal 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, 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 ~
Residential Connections which City shall service.
Equivalent
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
c ty.
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 I 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 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 hereto have set their hands and seals this
day of ~'~)f ,200~
WITNESS:
V~itn~s~-Sijtln~tUre ....~._~.,. - _
~ri~ed Wi~e~/~.)am~ -- -
~i~'ness Signature
Printed Witness Name
CUSTOMER AS OWNER(S):
Pres~ s Signature
Printed President's Name
Witness Signature
Secretary/Vice President's Signature
Printed Witness Name
Printed Secretary/Vice President's Name
Witness Signature
Pdnted 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 and in the County aforesaid to take acknowledgments, personally
appeared ~"J~'~_ Z). ~/4~r~'/'~J P~z~s, oF' ~..~,.~or..~.~ ~,s~--,t ,,~. to me known
to be the person(s) described in and who executed the foregoing instrument that
he/she acknowledged before me that he/she executed the same; that the individual was
personally known to me or provided the following proof of identification:
~'/or;~t~,. J). L. /14(~35' /0~. "/3 0 4,~, 0
,WITNESS
~l,l~ day of ~-~ ~
(Notary Seal)
:....:,,.,~ ,~,,,,_.,.. co,~~ ~.
WITNESS: ~ ............... --~:--~ .... --"""'"'" ....
/ - / - - _~c-W .....
SIAIE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
my hand and official seal in the County and State last aforesaid this
,
No~t:~ary Public
CITY OF BOYNTON BEACH, FLORIDA
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 ~,.
Mayor an~ '" · '~' , 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
(Notary Seal)
Approved as to form:
,~ity Attorney'S/~
,200 .
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
cou.
, hereinafter "Grantee", hereby
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
'~~ , 20C~ and the powers and authority shall be
Grantee.
~'/'/~- day of
irrevocable by
I/We, C.~.~. ~=~t ?, ~,~,-,-.,~ ~ ~r~- ce'
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:
day of
Witness Signature
Printed Witness Name
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
c.~'~ L-~/ ,in the year two thousand and
!
Sealed and delivered in the presence of
~Pre .~s Sl~~n~-~''' ''~
Printed President's Name
Witness Signature
Secretary/Vice President's Signature
Printed Witness Name
Printed Secretary/Vice President's Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
of
THE FOREGOING INSTRUMENT was acknowledged before
.3-~ ~.~, , 2Q3q, by ~'"~,~,.~
Fie. ,O.L .
me thisc~ day
and
who are known to me or who have nrnd~m~t
as identification and who did/did not take an oath.
NOTARY PUBLIC
lype or Print Name
Commission
0000
705O
7240 7230 7170 7t6t 7140 7261 'r26~
0000
ooo0
7191
73OO
7190 7220 7210 7t60 7200
0000
7320
7070 7080
7O6O
JM..,AJ::)D~ AVl;
i-0010 .......
0041 0071 0tll 0141 0171 0201 0010 0041 0081 0111 0141 0171 0211 024I
0431 0401 0361 0331 0301 0271 0240 0461 0411 0381 036t 0321 0281 0252 261 ~231
020t 0010
Location Map- Exhibit "A"
aBd rettlllS.,, to:
SUSAN J. BROTMAN.
Attorney ;it Law
Suite 411
2424 Nop~ Federal Highway
Boca R~ton. Florida 33431
Florida B~ Rtl i413
Folio #00-4345-18-00-000-7180
C~H 20040369473
OR BK 17167 PG 0fi82
~ECORD£D06/25/2004 12:28:11
Pai~ Bo~oh County, Florida
A~T 70,000.00
Doc Stamp 490.00
Dorothy H W£1kon, Clerk o[ Court
WARRANTY DEED
TinsINDENTURE, made this c>~ 7 day of /~
p~'rt~ of the~lrst MARTI~
2004, ,by GREEN SPACE DESIGN AssocIA~rES, INC., part, to
DESIGN ASSOCIATES, INC., whose address is 3855 Tucks Road, Boynton Beach, Florida,
33436, party of the second part:
WlTNESSETH, That the said party of the first part, for and in consideration of the sum of
$10.00 in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said party of the second part, his heirs and
assigns Ibrever, the following described !and, situate, and being in the County of Palm Beach, State
of Florida, to-wit:
Beginning at a Pont 465feet North of the Southwest cortzer of Section 18, Township 45 South, Range 43
East, thence run East 765feet for a point of Beginning' thence nm North 195feet to a point: thence run East
lOS feet to a point: thence run $ottth I95.feet to a point; thence run west I05 feet to the point qfBeginning.
Subject to restrictions, reservations, easements and limitations of record, if any, and taxes for 2004
and subsequent years.
And the: said party of the first part does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
IN WITNESS' WHEREOF, The said first party has signed and sealed these presents the day
and year first above written.
STATE; OF Florida } S.S.
COUNTY OF Palm Beach }
The foregoing,, instalment was acknowledged before me ~is ...~ .... day of. ~~nt-;[ide
2004, (jREEN SPACE DESIGN ASSOCIATES, INC.. by JOHN J. ARNOLD, as Presi
Design Associates, Inc.., a Florida corporation, who is p_er~ona!!y known t~o me o__Lhas produced
as identification and did take an oath,
~My 'Commis}ion ~x;'ires:
Palm Beach County_ Property Appraiser Properly Search System Page 1 of 2
Property Information
Location Address: 3855 TUCKS RD
Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
Brief Legal Description:
UNINCORPORATED
00-43 -45 - 18 -00-000-7180
17167 Page: 682 Sale Date:
18-45-43, E 105 FT OF W 870.99
May-2004
Full Legal Description
Owner Information
Name:
Mailing Address:
MARTIN DESIGN ASSOCIATES INC
3855 TUCKS RD
BOYNTON BEACH FL 33436
Sales Information
;ales Date Book Page
May-2004 17167 682
Ma¥-1985 04551 0501
Jan-1982 03665 0030
Price Sale Type
$70,000 WARRANTY DEED
$36,000 WARRANTY DEED
$26,000 WARRANTY DEED
Own er
MARTIN DESlrGN ASSOCIATES
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year: I 2003 200:2 I 200_1
Improvement Value:I $2,56(] 72r5601 72~561~
Land Value: $29,00(] $29,000I $29,00~
Total Market Value: I $31,56(] 731,5601 731,56C
Use Code: 6900 Description: AGRICULTURE
* in residential propertie~ may indicate living area.
Tax Year 2003
Number of Units: 0
*Total Square Feet: 0
Acres: 0.47
Assessed and Taxable Values
Tax Year: 20_0_3
Assessed Value: $4,205
Exemption Amount: $13
Taxable Value: $4,205
2001
$4,205J~.74~0641
200~
lC:IX
Tax Year: 2003 2002 2001
Ad Valorem: $82 783 $81
Non Ad Valorem: $1~81 ~73 $73
Total Tax: $1r563 ~156 ~154
Record Search I Information I Exemptions I Community I Employment I New Hgme Buyer I Office Locations
Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer
Home I Links I Glossary I FAQ I Forms I Contact Us I PAPA
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Division of Corporations Page 1 of 2
Florida Profit
MARTIN DESIGN ASSOCIATES, INC.
PRINCIPAL ADDRESS
8112 SOUTH LAKE DRIVE
WEST PALM BEACH FL 33406
MAILING ADDRESS
8112 SOUTH LAKE DRIVE
WEST PALM BEACH FL 33406
Document Number FEI Number Date Filed
P04000082392 NONE 05/24/2004
State Status Effective Date
FL ACTIVE NONE
r
Re ;istered A ;ent
Name & Address
WALK, GARY ESQ.
515 N. FLAGLER DRIVE
18TH FLOOR
WEST PALM BEACH FL 33401
Officer/Director Detail
Name & Address Il Title
MARTIN, CHAD
8112 SOUTH LAKE DRIVE PD
WEST PALM BEACH FL 33406
MARTIN, LARA
8112 SOUTH LAKE DRIVE ST
WEST PALM BEACH FL 33406
Annual
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Division of Corporations Page 2 of 2
II
Report Year
Filed Date
No Events
No Name History Information
Document Images
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l[05/24/2004 -- Domestic Profit
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