R05-031THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CFN 20050133810
OR BK 18233 PG 1144
RECORDED 03/09/2005 08:26:24
Palm Beach County, Florida
PgsShar°nl144R'_ ~L~) COMPTROLLER_
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
oS AGREEMENT made on this day of ,200 , by and between
OF BO~NTON BEACH, a fiaunicipal corporation of the State of Florida, hereinafter called the
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 fi'om
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 descnqxxl as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are L c~ 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 premiss. The
Customer shall be respons~le for installation in conformance with all codes, roles and regulations
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PASSED AND ADOPTED this ~- day of February, 2005.
CITY OF BOYNTON BEACH, FLORIDA
~ttest:
3:\CA\RESOxAgreements\Water Service\Homrich 1026 Water Service Agreement.doc
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 hehalfofthe Customer,
in which case the Customer will pay in advance ali estimated costs thereof. In the event the City has
such work performed, the Customer w[ll 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 pmsuant 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 he 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
Distn'bution 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 from time to time.
7. Any fights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneonsly 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, lhe property shall he subject to annexation at the option ofthe City at any
time the property is elilo'ble under any available means or method for annexation. Customer wiIi
.inform any and all assigns or purchasers of any or part of this property of this covenant and of the
aerevocable special power of attorney, bm 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-
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9. Annexation is intended to be and is hereby made a covenant running with the land
descn'bed in paragraph 1 above. This Agreement and the power of attorney referenced herein is to he
recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Cnstomer 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 liab'flity in the event
there is a reduction, impairment or termination of water service due to acts of God, accidents, stiles,
boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the Cites
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 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 he
valid upon the parties unless in writing executed by the parties to he bound thereby.
13. The Customer warrants to the City that Customer holds legal and heneficial title to the
property which is the subject ofthis Agreement.
IN WITNESS X~qEREOF, the parties hereto have set their hands and seals this / ~ ~y of
WITNESS: J
Printed Witness Name
Witness Signature
Printed Witness Name
t'rinted ~r-esideht ~s Name
3
/
~nature Vice President/Secretary's Signature
Printed Wimess Name , Printed Vice President/Secretary's Name
Witness Signature
Printed 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
~'~25'4 ~ ( ~ (' , / : ~ ?~c ~ l £ / c ~r ? tomeknowntobethe
persoff(s) descrfbed in and who executed the foregoing instmmem that he/she acknowledged before
me that he/she executed the same; [[la.t the individual was personally known to me or provided the
following proof of identification: .,/-/~ ~ ,'c/~ /~/'~ t~/? s' 2, 'c ~/~ ~ + s .
WITNESS my hand and official seal in the County and State last aforesaid this /~' ~ day of
(Notary Seal)
..,,,.,~ ~//.?,, Barbara M. Madden
~).T-, - ~..~'~_ Corn mix.qi0n # DD125274
Notary Public
WITNESS:
~ITY O~FFYNTON BEACH, FLORIDA
STATE OF FLORIDA )
ATTEST:
ity Clerk
) 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 subscn'bing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the tree 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 form: .~ :.
City Attorney
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THIS INSTRUMEN? PREPARED BY:
James ~ Chero~, Esquire
Josias & Goren, PA.
3099 East Commercial Bird
Suite 200
Ft, Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF
I/We, O~Ctc~ (/~¢~r~f~K ~'/~_ , hereinafter "Grantee", hereby
~ke, constitute, and appoint THE CI~ OF BOYNTON B~CH, FLORIDA, tree and
la~ul aEorney in fact for Grantee and in Gmnt~'s name, pla~ and stead, for the sole
purpose of exec~ing on ~half of Grantee the po~r to initiate, maintain, and complete
a volunta~ ~tition for annexation of the real prope~ describ~ 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 act on Grantee's behalf to a~omplish annexation by any
available ~ans. The real prope~ which is the subj~ of this ~r is describ~ as
follo~:
The powers and authori~ of ~ a~orney, THE Cl~ OF BOYNTON B~CH,
FLORIDA, shall core.nee and be in ~11 for~ and effe~ on the Jq~ day of
~~ , 20~and the pours and au~ori~ shall ~ irrevo~ble by
Grantee.
day of
Pdn~l Wi{ness Name
Witness Signature
Orin{ed Witness ~ame'
Print~ ~ N~e
Witne~ Sig~ture
IN WITNESS WHEREOF, we have hereunto set our hands and seals the .
J £~r .v._~e~ , in the year two thousand and {c~ u ~
Sealed and delivered in the presence of
re
Secretary/Vice President s Signatu
Pdnted Secretary/Vice President's Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
of
)
, who ~re kn(~wn to me or who have produced
_, as identification and who did/did not take an oath.
,,,;!?,,, Barbara M. Madden NOTARY PUBLIC
~?~."~- COI]~OI1 # DD125274
Z~2~,~-?~? Bonded ~ Type or Print Name
",~?/,,~,~;,~ ~c eo~gco..t~c. Commission No.
My Commission Expires:
POA. IND
Palm Beach County Property Appraiser Property Search System Page 1 of 1
C ropert¥ Information
Location Address: HIGHLAND RD
Municipality: UNZNCORPORATED
Parcel Control Number: 00-43-45-09-08-000-0530
Subdivision: RZDGE GROVE ZN
Official Records Book: ~6269 Page: ~093
~al Description; RZDGE GROVE LT 53
Sale Date: Dec-2003
Owner Information
Name: NOMRZCH CORPORATZON
Mailing Address: S01 NE 3RD ST
BOYNTON BEACH FL 33435 3836
Sales Information
Sales Date Book/Page Price
Dec-2003 16269/:L093 $9,000
Sale Type
WARRANTY DEED
HOMRTCH CORPORATTON
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year: I 2004
Improvement Value:
I
Land Value:
Total Market Value:
Use Code: 0000
2003 $01 _2~002
:00, iii[
Description: VACANT
Tax Year 2004
*Total Square Feet: 3,998.81
Acres: 0.0918
* in residential properties may indicate living area.
Assessed and Taxable Values.
Tax Year: [ 2004
Assessed Value: ~0
E×emption Amount:
Taxable Value:
2003
2002
$o
}o
$o
Tax Values
Ad Valorem: $0 ~0 ~0
Non Ad Valorem: ~0 ~0
Total Tax: ~;0 ~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.
2004 Palm Beach (ourt~ Propel~ Appraiser
http://w~vw.co.palm-beach,fl.us/papa/aspx/web/detml mfo.aspx,p enbty:0043450908000... 1/24/2005
t?0 66 6 62 61 0120
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Location Map - "Exhibit A"
Craw R. Nikolits, CFA
Palm Beach County Property Appraiser
Property Mapping System
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74434322120080010)
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Palm Beach County Property Map
Map Scale 1:844
Copyright Palm B~ach Comty 2O03
All Righl~ R~se~wd - subject to a Liceas~ Ag~n~m~t
Map ino~m:~l on 1/25/2005 f~nn pAPA
http://gisweb.co, palm _beach.fl .us/ipapagi s/presentation/mappingtprintnew.asp?MAPURL=,., 1/25/2005