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R98-118 RESOLUTION NO. R98-//~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MILITARY/COCOANUT CORP, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located at the Southeast Corner of Military Trail and Coconut Lane (Flavor Pict Road, in the unincorporated portion of our service area within Palm Beach County; 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 WHEREAS, Military/Cocoanut Corp.,Inc., is the contract purchaser of the land in question, which is currently owned by Joe Fearnley, as Trustee; and WHEREAS, the executed water service agreement will be held in escrow by the City Attorney's Office until and when the property is sold to Military/Cocoanut Corp., Inc., at which time it will be recorded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement between the City of Military/Cocoanut Crorp., hereto as Exhibit "A". Boynton Beach, Florida and Inc., said Agreement being attached Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this .~ CITY OF BOYNTON BEACH Mayor L day of July, 1998. IDA Pro Tem Commi~oner Commissioner AaREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITB This Agreement, made on this day of May , 1998, by and between M~]~e~v/~n,~ ~_ Tn~_ · .... , hereinafter called the 'Customer:," and the City of Boynton Beach, a municipal corporation of the State of Florida, hereinafter called the "CITY." WI17~ESSETH, that the Customer, his heirs and assigns, for and in consideration of the privilege of receiving water service from the Municipal Water System agrees to the following: 1. The City agrees to provide Customer with water services from its Municipal Water System only as necessary to service the roject described in the Application for Water Service submitted y Customer. The Customer has specified that there will be /~-' Equivalent Residential Connections and the City hereby agrees to serve those ._/~--' Equivalent Residential Connections. 2. The Customer agrees to pay all costs of engineering, material, labor, installation, and inspection of the facilities as required by the City Code to provide service to the Customer's premises. The Customer shall be responsible for installation and conformance with all applicable codes, rules, and regulations of' all service lines upon the Customer's premises and all such lines ~hall first be approved by the Director of Utilities and st~b~ect t° inspection by the.Cit~ Engineers. The City Shall have-the Option of either requiring the Customer to perform the necessary work or ~he City may have the work performed in which case the Customer will pay in advance all estir~ated costs thereof In the event the City ha? such work performed~ the Customer ~ill also advance such additlonal funds as may be necessary to pay the total actual costs. 3. Any main extension made under the Agreement shall be -- used only for the Customer, unless permission is granted by the C~ty of Boynton Beach for other party or parties to cor~nect pursuant ~o the Code of Boynton Beach. 4. 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. 5. 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 now applicable or as may be changed from time to time. 6. Any rights-of-way or easements necessary to acco~date this project shall be provided by the Customer. 7. It is understood by the Customer,-and shall be binding upon the Customer, his transferees, grantees, heirs, successors, and assigns, .that all water to be furnished, supplied, and sold under this Agreement is made available from surplus. If the surplus does not exist at the time of Customer's actual request for commencement of service, as determined by the City's Director of Utilities, then this CITY, without liability, may refuse to initiate serviceto the subject.premises. The Customer further agrees in consideration of the of receiving water service from said City, that the is considered to be a voluntary Section I71.044 or,the Florida amendment thereto. Furthermore, act, or untary or consensual this also be considered a petitionary request for The premises shall be subject mn of the City at they are one or more of laws )n. Customer shall iz all part of this property of applicability toSuchpurchasers. that~ this for a and all asJ gns of Customer the is no or City shall have no impairment, or under this imitations, or or over such mat! in the event Lter service blackouts, beyond ty in in due to any local, aside from Also, the' City is a reduction, to acts of ~od, earthquakes, other City's reasonable 11. hereby agrees to indemnify, defend and hold of Boynton Beach, Florida, its Mayor, ~embers of ~on, the City Of Boynton Beach, Florida, its Mayor, of City Co,~aission, officers, employees, and .r individual and official capacities) from and damages, law suits and expenses including (whether or not incLtrred on appeal or judgment collection) and costs rising out of or result~ from the Customer's obligation under or performance pursuant to this Agreement. 12. It is understood by Customer and by the City that the FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA COIINTY OF DADE I HEREBY CERTIFY that on this day, before me, an off%cer duly authorized in the State aforesaid and in ~he Cou~y_r~,~o~_e~aid to take acknowledgments, personally appea~ed _~;~z~ /', ~J~./~/~,~ , to me ~o~ to be the person - desc~b~-~ ~ wh~.~du~ the foregOing i~st~ent or has produced ~/~W(~_ . ~ ?~,~J~ ~/'~;m ~ as identification and ac~owledg~d before me that ' exerted the same. WI~SS. ~ ha d/,~ offlcla~eal l~/the/~ C ~ State last BONDED , Print or Type Name My Commission Expires: WITNESS: CITY OF BOYNTON BEACH~ FLORIDA Mayor As to City of Boynton Beach City Clerk (Co~p. Seal) STATE OF FLORIDA ) ) COUNTY OF PALM BEAC~) 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 , the Mayor and City Clerk respectively of the City named in the foregoing agreement and that they severally acknowledged executing the same in the presence of two subscribing w~tnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixe~d thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State THIS INSTRb74ENT PREPAREDBY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Co~nercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF PALM BEACH I/We, MILITARY/COCOANUT CORPORATION~ 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 off,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 BELCH full and complete authority to act on Grantee's behalf to ac~omplish annexation by any available means. The real property which is the subject of this power is described as follows: Pdnted for Lawyers' Title Guaranty Fund. Orlando. Florida ~/this instrument was prepared 'by: ~arm,t~ ~Kd Address 515 N. Flaqler Dr. (STATUTORY FORM-SECTJ0N 689.02 ES.) West Palm Beach, FL 3340 Made. this lOth day of December 19 86. ~Im~ PETER GLOSKOWSKI and STELLA GLOSKOWSKI, husband and wife, at the County of Palm Beach . State of Florida . grantor~, and JOE FEARNLEY, as Trustee who~ aost office address is 1203 N. Dixie Highway, Lake Worth, FL 33460 at the County of Palm Beach. State ofFlorida , grantee~. ~l~tI~fi~l~'I~. That said grantor, for and in consideration of the sum of .... TEN & NO/L00'S Dollars, and other good and vaJuable considerations to said grantor in hand paid by said grantee, the r~e~pt whereof is hereby acknowledge, has granted, bargained and said to the said grantee, and grantee's heirs and assigns forever. :he }allowing al,scribed land. situate, lying and bein9 ~n PALM BEACH Count. Florida. to-wit: West one-half (W 1/2) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section One (1), Township 46 South, Range 42 East, Palm Beach County, Florida. SUBJECT to taxes for years subsequent to 1986, to applicable zoning regulations and to right-of-way easements and reservations contained in deeds recorded in Deed Book 235 at page 15 and Deed Book 446 at page 412 of the Palm Beach County public records, but without intending to reimpose any which have heretofore otherwise expired. and said grantor does hereby fully warrant the title to ~i~ land. and will de,end the same against the ~awful claims of gersons whom~ever. ~ "GrantoF' and "grantee" are use~ .for singular or ~lural. as context requires. ]u ~itn~ss ~er~af, G~,,o~ has hereunto set grantor's hand and seaJ the day and year first above written. ~ G~O~O~ Signed. sealed and delivered in our presence= fSeall STATE OF Florida COUNTY OF Palm Beach I HERE~Y CERTIFY that oK. t:.~ "~-- ~- ~fo.e cae. on officer duly cluafified to t~ke acknowledgments, gersonol}y a~peared PET~' gKOWSKI and STELLA GLOSKOWSKI, husband and wife, ta me known 1o J~e the person S described in and who executed the foregoing instrument and acknowledged before me that t he y executed the same. WITI'~ ,my hand and official seal in the Count. and State last aforesaid this loth day at December ~9 86. . AAy commission expires: Notary Public State of Florida at Large (Notary S.e.a 1')