R05-030IIIII II III II III II Iil II III II II III II III III II III I IIII
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~ day of ,200 , by and between
OF BOYNTON BEACH, ~ municipal corporation of the State of Florida, hereinafter called the
"City".
CFN 20050133809
OR BE 18233 PG 1135
RECORDED 03/09/2005 08:26:24
Palm Beach County, Florida
Sharon R. Bock, CLERK &~ COMPTROLLER
Pgs 1135 - 1143; (9pgs) '
~S - 030
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 Cu~o~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 o f 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 /,/-/ 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 premi.qes. The
Customer shall be respons~le 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 shah have the option of either requiting 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 wffi 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. Ali connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended fi.om the City Water
Distribmion 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 rote
schedules which are applicable which may be changed fi.om time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shah be
provided by the Customer to the City.
8. Thc 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 Chxstomer 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 oftbe City at any
time the property is eligible under any ava~able 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~ 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.
2
9. Annexation is intended to be and is hereby made a covenant nmning with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein isto 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
prohi'bitions, 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, irr~pairment or termination of water service due to acts of God, accidents, str~es,
boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's
reasonable control.
11. The Customer hereby agrees to indemnify, defend and bold 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) fi'om 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 medifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
WITNESS:
13. The Customer warrants to the City that Customer holds legal and beneficialtitle to the
property which is the subject of this Agreement.
IN WITNESS WHEREOF~,.the parties hereto have set their hands and seals this tq/JC~y of
,200~.
/~Wj(n~ Signature- ~ - '~/~
Prinied ~qitness Name ~'
W~ess Si~e )~
P~t~ Witnem N~
CO~~ON AS OWNER(S):
Pre~e!Itt s Signature
3
~.~e~CSignature ~
P~inte~ witness l~ame [ Printed Vice President/Secretary s Nam
Witness Signature
Printed Witness Name
Vice President/Secretary s S]gnamr
(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 i~, the County aforesaid to tage acknowledgments, personally appeared
~: cre ~ ~ Hem e ,c h end Cee ~ I ;< Mc m,~/c ~/ to me known to be the
pe~n(s) ~e~zrii~l 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
followingproofofidentification: t~/~P tz ,~/rx ~,e /~' F~ 5 ' .~ ~ ? F rl S (-~
WITNESS my hand and official seal in the County and State last aforesaid this / ~ K< day of
(Notar~.,,,.,~_~),, Barbara M. Madden -
;.72~.~,~...* ~o~,a~ xt~ ~ Notary Public
WITNESS:
.~3I~TY OF B,OYNTON BEACH, FLORIDA
K~Bress~r, Ci~ M~er
STATE OF FLORIDA
ATTEST:
4
) 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
, City Manager and , City Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscribing wimesses t~eely 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 __
,200_.
dayof
(Notary Seal)
Notary Public
Approved as to f~rrm'
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & GO~3. P.A.
3099 East Commercial Blvd.
Suite 200
Fl. Lauderdale. FI. 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ?c~lv~
I/We, /L~_01~/[~ ~"~?r)v~o.~/4, ,hereinafter "Grantee", hereby
make, constitute, and appoint THE CI~ OF BOYNTON B~CH, FLORIDA, tree and
la~ul aEorney in fact for Grantee and in Gmnt~'s na~, place and stead, for the sole
purpose of executing on ~half of Grantee the po~r to initiate, maintain, and complete
a volunta~ ~tition for annexation of the mai prope~ des~ib~ herein into the CI~
OF BOYNTON B~CH. This po~r shall e~end to the CI~ OF BOYNTON B~CH
full and complete authori~ to a~ on Grantee's behalf to ac~mplish annexation by any
available ~ans. The mai prope~ which is the subje~ of this power is described as
follo~:
The powers and authori~ of my a~orney, THE CI~ OF BOYNTON B~CH,
FLORIDA, shall com~n~ and be in ~11 fome and effe~ on the /?+~ day of
~~ 20 ~ and the poem and authori~ shall ~ irrevo~ble by
Gmntee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the __
day of ~.J~/~ A l? , in the year two thousand and /~'~u '(
Sealed and delivered in the presence of
Printed Witr~ess Name
Witness Signature
~~ .~ nature
~--'l~nted Witness Name
Printed Witness Name
President's
PrinYed Pres~'denr
~me
Secretary/Vice President's Signature
Printed Secretary/Vice President's Name
Witness Signature
Pdnted Witness Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
of
)
) SS:
)
.--~THE FOREGOING INST__RUMENT was acknowledged before me this /'~ ~day
,J,4r3 ~-5 , 200~, by ~-~,~ ~'c · /,'~. /-/~',~;c'~ and
, who ,~re kffown to me or who have produced
, as identification and who did/did not take an oath.
NOTARY PUBLIC
Type or Print Name
Commission No.
Barbara M Madden
My Commission Expires:
POA. IND
1
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
PASSED AND ADOPTED this ~ 5- day of February, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mtest:
ty Clerk
;SCA\RESO~AgreementsXWater Service\Homrich 1018 Water Service Agreement.doc
Palm Beach County Property Appraiser Property Search System Page I of 2
Property ];nform~tJo~
Location Address: HIGHLAND RD
Municipality: UNINCORPORATED
Percel Control Number: 00-43-45-09-08-000-0540
Subdivision: RIDGE GROVE IN
Official Records Book: 16269 Page: 1093
k~gal Description: RtDGE GROVE LT 54
Sale Date: Dec-2003
Owner Information
Name: HOMRICH CORPORATION
Mailing Address: 50! NE 3RD ST
BOYNTON BEACH FL 33435 3836
- Sales Information
Sales Date Book/Page
Dec-2003 16269~!093
Mar-2003 15056/1!92
3un-1994
Price Sale Type
$9,000 WARRANTY DEED
$9~000 WARRANTY DEED
$10 QUIT CLAIM
HOMRICH CORPORATION
HOMRICH GEORGE
TOMILEN WILLIAM
Exemptions
Exemption Information Unavailable,
Appraisals
Improvement Value:
Land Value: $3,,3371 $3,,0001 $3,,000
Total Market Value: $3t3371 $3t000! $3t000I'
Use Code: 0000 Description: VACANT
Tax Year 2004
Number of Units: 0
*Total Square Feet: 0.oo
* in residential properties may indicate living area.
Assessed and Taxable Values
TaxYear:I ::t
2004
Assessed Value: ~3tt3
Exemption Amount:
Taxable Value: $3r337
2003 12002
,oooI $ ,o0o
$Ol
$3~oooI $3ro00
Tax Year: 200__4 2003 2002
Ad Valorem: $ $59 $0
Non Ad Valorem: $0I
Total Tax: $65t $59 $0
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
lem~ ) [inks [ Glossary I FAQ I
http://www.co.palm-beach.fl.us/papa/aspx/web/detail info.aspx?p entity=0043450908000... 1/24/2005
0730 ~' !~072 '10 ~ ! ~0~!//I~,70 69 ~ ~' 66 64 63 62 60 590571 0560 0120
~-~.~ ~ -~--~l 0050
~ : MINER RD I MIN'ER'RU ' -- ~ '
Location Map - "Exhibit A"
Yage; o~:
Gary R. Nikolits, CFA
Palm Beach County Property Appraiser
Property Mapping System
-Parcel Control Number
-Street Intersection
[By City
IR~ T ~s ~FRange'T°wnship'secti°n
Legend
[~-] Pare, el Bmmd~y
Palm Beach County Property Map
Map Scale 1:844
C~ight Palm ~ Count~ ~oo3
All Rights R~aved - Sub~c~ 1o a L~e~c ABrccm,~t
http ://gisweb.co. palm_beach.flus/ipapagis/presentation/mapping/printnew.asp?MAPURL=... 1/25/2005