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R04-1471 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 RESOLUTION NO. R04- 1~4'~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORDA, 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 ANYA GROUP, INC.; 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 property located at 3445 N. Federal Highway, Delray Beach, Florida (parcel located in Government Lot 1, Section 4, Township 46 south, Range 43 east); and WHEREAS, the parcel covered by this agreement is proposed for redevelopment to include one single-family home located on North Federal Highway in unincorporated Palm Beach County; and WHEREAS, currently a water main exists in North Federal Highway allowing for service to this parcel. Sanitary sewer improvements required will be constructed either by this applicant or by other developments. 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 ANYA Group, Inc., which Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. ,S:\CA\RESO~'&greements\Water ServiceX, ANYA Group Water Service Agr.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PASSED AND ADOPTED this I day of September, 2004. CITY OF BOYNTON BEACH, FLORIDA ~sioner 19 ' / 20 ".¢a,~ ~n ~~ 21 - 22 (City//Clerk 2t 24i!I S:\CA\RESO'.Agreements'\Water Service\.ANYA Group Water Service Agr.doc 111"1111I111"111111"11111"1"~lIlml~ 1 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20040580123 OR BK 17627 PG 0968 RECORDED 10/13/2004 08:40:27 Palm.~each County, Florida Office of the Citv Cler~ Dorothy H Wilken, Clerk of Court f'J'ty f D t -8 Pgs 0968 - 976; ( 9pgs ) OJ 0 IJoyn on each P. O. Box 310 BoyntofJ Beach, Florida 330 (;"J ."-1 -'-~-~;-< ,:) C) .-1 r'J . -:J .~..~ ht"''t AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ,__; I '..:'; ..:..) '.< ..,.... .", .n-\ :'_J f) THIS AGREEMENT. made on this 7 dayof _~td..h\~'" .200~_,byandbe,tW~~;2 ~k~ ::rue.. h~he "Customer", and the':~ CI OF BO 6N 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, 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: I. The City agrees to provide ~stomer 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 2..0 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 confonnance with all codes, rules and regulations \ 1 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 onlyby 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 fi-orrl 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 volimtary petition for annexation. CUst. omer 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 ofiany 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 righ~ as set. forth herein. The Customer acknowledges that the consideration of initially connecting to the. City's water supplyis sufficient to support the grant of. the power of attorney any subsequent diseounection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant mnhing with the land described in paragraph 1 above. This Agreement and the power ofattomeyreferenced 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'~.d 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 fi.om the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 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. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. ~ ~,~~ WITNESS WHEREOF,Jhe parties Witness Signath~ Printed Witness Name hereto have set their hands and seals this ]~ay of INDIVIDUAL(S) AS OWNER(S): Owner Signature 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature 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 aforesaid to take acknowledgments, personally appeared - 17>~ If/. to me known to be the person(s) describcil in who executed foregoin instrument that he/she acknowledged before me that he/she executed the same; that the individual was ersonal y known to me or provided the following proof of identification: J~~ayof WITNESS my hand and official seal in the County and State last aforesaid this ~~ ,2004 (Notary Seal) ~4& ~~A-UG ~ Fred Juliano . . My ComrntuIon 00227401 ~ ~ Expere& June 21.2001 Notary Public WITNESS: '-/7J~~~ ~ :fJ~ ~ CITY OF BOYNTON BEACH, FLORIDA ~~/-Ic~/ (1 Mayor' r/ \~ / ArrEST: . ~ ~ 4 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 t:(l.iLf T t1. (j/ 0 R , Mayor and '1- ~ t1 i i r\t ' f etA:. / n it 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 j"3 day of S'i: (J-t- 'i m h l~ , 200:{. I (Notary Seal) , . ~ n .... ~ 'vt!L,tu.,~ ~'- ' l {,( .J..Ju...... Notary Public ",\IV~'II, Barbara M. Madden $~W~ ~~:.~~ Commission # DD125274 -It; ,,",' i~ lei Expires July 19, 2006 ;~ ~ Bond<<l Thru ~4,Y.t~"" Allantl.c Bonding CO., Inc. Approved as to form: ~~ 'f\~O' ~ City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Chemf, Esquire Jost~s & Gomn, PA. 3099 East Commercial Blvd. Sure 200 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF/~ make, ~nstit~e, and ap~int THE CI~ OF BOY.ON BEACH, FLORIDA, tree and la~ul a~omey in fa~ for Grantee and in Grantee's name, place and stead, for the sole pu~se of exec~ng on ~haE of Grantee ~e ~wer to inEiate, main~in, and ~mplete a volunta~ pet~n for annexa~on of the mai pmpe~ descHb~ heroin into the CI~ OF BOYNTON B~CH. ~is ~wer shall e~end to ~e CI~ OF BORON B~cH ~11 and ~mplete a~o~ to a~ on Grantee's behaE to ac~mplish annexation by any available means. ~e real pmpe~ ~ich is ~e subje~ of this ~r is descHb~ as The poem a~ au~o~ of my affomey, THE C~ OF 'BOY.oN B~CH, FLORIDA, shall ~mmence and be in full rome and effe~ on the ~ ~ day of · ~ , 20~ and the ~wem and a~ shall be i~ble by v Grantee. " IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of ~'/~ , in the year two thousand and ~ Sealed and delivered in the presence of '~t' ~ -- . 6wner Signature Printed Witness Name Witness ,~'ignature v Printed W~ess Name Pdnted' Owne¥'Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ,F. OREGOING INSTRUMENT ~as acknowledged before me this /,~"~ay or_ ~.__,~' . 2oz)~. by. /¢~- ~',~. j ~-- . - and. "~.J')~,~#_~,'c~,' , , who _are/known {o me or who have produced -,~._~xh~,~.[_.[~/' K~t~,,~i , asidentificatiorAand who did/did not-take an oath. 1 ---J '~ ' '-~ ~ ~ ' · - 'NOTARY PUBL4C Type or Pdnt Name '~t-~' ~'~.~"~.~'-' Comrnissi6n'.,No. My CommissiOn ExpireS:. POA. IND 1 in. = 150.1 feet 0620 0320 0150 0171 0590 O38O 3445 N. I~leral Hwy. 0340 0350 0260 0070 0040 0440 0430 0420 0560 2 0551 0531 0541 0530 0020 0020 0031 0041 0590 0771 0601 0751 0520 0170 0060 0621 064O 0731 0721 0701 0030 0651 0180 OO90 0100 0671 0690 :)040 0060 0160 0150 Location Map- Exhibit "A" O790 0800 0810 0830 0851 0871