R05-032THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
I IIIIIIIIIIIIIIIIIIII1 111111111111111111 11111111111
CFN 20050133811
OR BK 18233 PG 1153
RECORDED 03/09/2005 08:26:24
Palm Beach County, Florida
Sharon R. Bock, CL£RK & COMPTROLLER
Pgs 1153 - 1161; (9pgs)
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
~jqL6THI s A_ ?ilLEE~MENT made, o.n this day of ,200 , by and between
~}q r t c_k_ (r-)r~t~ rc;~ ~ o ~,x hereinatter called the "Customer" and the CITY
OF OYNTON BEACH, ~t mumoipal 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 Custon~'s
property; and
WHEREAS, the City of Boyaton 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:
1. The City agrees to provide Customer with water service fi.om 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 ], c/ Equivalent Residential
Connections which City shall service. L
3. The Customer agrees to pay ali 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.~.s. The
Customer shall be respons~le for installation in conformance with all codes, rules and regulations
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PASSED AND ADOPTED this I~- day of February, 2005.
CITY OF BOYNTON BEACH, FLORIDA
~ttest:
:\CA\RESO~Agreements\Water Service\Homrich 1034 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 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 exteusion 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. 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 fi.om 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.om 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, 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 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 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 pm'chasers 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 o f hiti'"'"'"'"'"~y 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 ~ 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 running with the land
described in paragraph I above. This Agreement and the power of attorney retbrenced 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
10. It is agreed that the City shall have no liability in the event there is a reduction,
impahment or termination in water service to be provided under this Agreement due to any
prohibition~ 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, str~es,
boycotts, blackouts, fire, earthquakes, other casualties or other ekcumstances beyond the City's
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, ~ employees and agents
(Both in their individual and official capacities) ~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 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 tbe City that Customer holds legal and beneficial title to tbe
property which is the subject of this Agreement.
.~, 1N WITNESS WHEREOF~.Ihe parties hereto have set their hands and seals this [~ C~lay of
_ ~]~,~ t4~ ,200~.
WITNESS: ~
~teSfSignamre
Printed Witness Name
Wimess Signature
Printed Witness Name
CORP~RATI~}q AS OWNER(S):
Printed President's Name
3
~'rSignature Vice President/Secretary's Signature
Pri~iedVWitness 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
~'~ £~ ( ~ r~ (~C ~'~d to me known to be the
persOn(s) de~zribed 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
followingproofofidentitication: .~l~12t~,~ ~gg~'~r,4%' ,~,~-(/,~e'% .
WITNESS my hand and official seal in the County and State last aforesaid this I q/ax-day of
,20057'
(Notary Seal)
,":~V'~'",, Barbara M. Madden
£~)~..:~%Commlsslln # DD125274
~.¢{~L3&-:- Expires ju/y 19. 2006
%~$ Bonded Th~'u
",,g~,}~,," AtllntSc goed2ng Co.. Inc.
Notary Public
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
· ·" Kur(Bressner, ~2ity Manager
STATE OF FLORIDA )
ATTEST:
it~ Clerk
) SS:
COUNTY OF PALM BEACH)
1 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 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 __
,200_.
dayof
(Notary Seal)
Notary Public
Approved as to form:
City Attomey "'-///
THIS INSTRUMENT PRFPARED BY:
James .~ Chef of. Esqu~-e
3099 Fas! Commercial Bird
Ft. Lauderda)e, FL 33308
IRREVOCABLE SPECIAL POWER OF A'I-rORNEY
(By Individuals)
STATE OF FLORIDA
COUNTy OF ~1~ ~J~
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 of 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 BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
o0~ ~7~-q5- ~o~ - o~ -ooo - o~-z-o
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ~-L day of
~r~ , 20OS'"-and the powers and authority shall be irrevocable by
Grantee.
Pahn Beach County Property Appraiser Property Search System Page 1 of 2
Prope~'ty Information
!ocat[on Address: HIGHLAND RD
~unicipalit¥: UNINCORPORATED
Parcel Control Number: 00-43-45-09-08-000-0S20
Subdivision: RIDGE ~RO~E IN
Official Records Book: 16269 Page: 1093
Legal Description: RIDGE GROVE LT 52
Sale Date: Dec-2003
Owner Znformation
Name: HOMRICH CORPORATION
~lailing Address: 501 NE 3RD ST
BOYNTON BEACH FL 33435 3836
Sales Information
Sales Date Book/Page
Dec-2003 16269/1092
Mar-2003 1505~ ~192
Jun-1994 15056/1190
Price Sale Type
$9,000 WARRANTY DEED
$9~000 WARRANTY DEED
$10 QUIT CLAIM
HOMRICH CORPORATION
HOMRICH GEORGE
TOMILEN WILLIAM
Exemptions-
Exemption Znformation Unavailable.
Appraisals
Tax Year: 2004 ~002 ~u[
Improvement Value:
Land Value: $14r461~ $13r000~ ~13rOOu /
Total Market Value: ~14r461] ~13r000~ ~13~00u~ /
Tax Year 2004
Number of Units: 0
*Total Square Feet: 3,998.81
Acres: 0.0918
Use Code: 0000 Description: VACANT
* in residential properties may indicate living area.
Assessed and Taxable Values
Assessed Value: ,14~4611 $13r000I
Exemption Amount:Taxable Value: ,14,4 * 1 ,13,00'0°1
2002 I
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2004 2003 2002
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Location Map - "Exhibit A"
Gary R. Nikolits, CFA
Palm Beach County Property Appraiser
Property Mapping System
-Parcel Control Number--~,
-Street Intersection
I and
[By City
Legend
Palm Beach County Property Map
Map Scale l:1182
Cop3n~lfl Palm Beach Comty 2003
All Righla Rc~'vcd - Subj~l 1o a Liccma~ Aga~:mca~-
Map Inoduccd on 1/25/2005 ~ PAPA
http://gi sweb .co.palm_beach.fl .us/ipapagis/presentation/mapping/printnew.asp?MAPURL=... 1/25/2005