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')