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R05-027 II I 2 RESOLUTION NO. R05- oaf 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING THE MAYOR TO 6 EXECUTE AN AGREEMENT FOR WATER SERVICE 7 OUTSIDE THE CITY LIMITS AND COVENANT FOR 8 ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND EPARCHY OF PASSAIC AS CUSTOMER 10 AND THE HYPOLUXO HOMES LLC, AS CONTRACT II VENDEE; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the subject property is located outside of the City Limits, but within our 15 water and sewer service area, for the 45.265 acres parcel located on the west side of Military 16 Trail and south ofHypoluxo Road; and 17 WHEREAS, the parcel covered by this agreement is currently not developed, but is 18 proposed to accommodate 177 single family residences; and 19 WHEREAS, water and sewer main extensions must be constructed by the developer 20 to serve this new P.U.D. Those lines wi!] be extended westward along the south side of 21 Hypoluxo Road from the current terminus of the utility system at developer expense to serve 22 this project; and 23 WHEREAS, City policy requires annexation of the property to be serviced at the 24 earliest practicable time, as a condition of the granting of water services outside its 25 . urisdictionallimits; and 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section I. The foregoing "Whereas" clauses are hereby ratified and confinned as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The Mayor is hereby authorized and directed to execute a Water S:\CA\RESO\Agreements\Water service\Eparchy (Hypoluxo Homes) Water Service Agr-.doc JAN 19 '05 11 :42 FROM: Jan 06 ;::uuo ::::.:u..:Inn ~_.~- .. ".' ~ . ... - - - - T-m P 04/04 H42 -------" Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule B-ß conuniltllO/lt No,: Agent's File Reforence: CF-1154005 94-6 U. Schedule B of the policy or po11clOll to be iI....d will oollloin CXOeDnons to \he following matllJrs unIelilllbe same are diep08ed of to tho satisfaclion of 1'110 underwriter: 1- Defecls. Hens, en<:umb..-nccs. Bdv~ oll1Ún8 or o1her tn&ltar&, if any. crealed, fnst appelll'in¡; in the public records <>1' atlaCbing subSC<l1<'tlt to Ibe .ffoc>tive elate hueof bnt prior to the dIIIe the proposcd I:nsured acquUes for value of record the ....'tale or in1ðrCat or mortaase \berea.. covered by this comrnitrmnt. Z. AnY owner and mongaacc poticies issued putsUllJlt hcoreto wi1I contain under Schedule a the standard exceptions set folth at t1uo inside ~vct bereof pnI.... all a.fIIdavit of posaession aDd a soIilfactOlY current survey atO submitted, an inspedion øf the premise. is ma4e. It Is dGI.rmineð Ibo _"" yoM's raxes or øpecial aø8essmcn1ll bavo been paid. IUld it i. deter1JÚllC(i there is nortùDs of recon! wbich woald give rise to construction Ii"". which collld tIIkc priority over \be Inl_t(l) 1nII~ hcreunc1er (wbare Iba lie.... ""auld otbcrllllse løke priority, submi!U\ioD of wainI>i l. neces.ary). 3. Ariy ownOl' pøli~ Issued pUTlluant hereto will COI1\11iø IU'Øer Schad.dc B tba following exceptÎDn: Any adver." uwnenhip clai", by the State oj F'lorkkl b)/ right of .ovørelgnly /0 an)' portion of the land. insUred f\erermder, Including ,,,"merged. filled and lIt1lficlally expomllantÚ, and ltuUh "CC1Yted II) ..."h ¡"rUt.. 4. Th" lio" or 011 _. for the )0'081' 2C04 and thørcat\er. which are not yet dut and payable. 5. Rigbra of Wny in favor øflbe Lab Worth Praina¡e District recorded in Deed Book 712, rag. 46J!. PubU. Ree<>rd$ of Palm 8e8<:11 COUIlIY. Florida. (1'_1 I) 6. Bu.,¡nønt to Plorida Pow"," aad Light company rcoonieð i" a.R. Book 645. page 31 ~ Public aecordö of Palm Beach County, Florida (parce\ I) 7. Rights in favor of the Løke Worth Dnlinaae District jp O.R.. BoOk 1732. Pag" 612, Public Recordo of l'aIm Beach eo....ty, Florid... (Parcels I and 2) 8. Rights of the Lako Woflh Drsiaase District to Cluu\ocry No. 407 os reßecte<l In O.R.. Book 6+95. pase 761. Public Rocords of Palm DolÒbCounlY. Florida. (parcels I and 2) 9. Ease¡nerú: in ravor of Lak. Wnrtb Drsinaa' Dislriot. coorained in InstrUment rocorded December I, 19!1(), Ù1 a.R. 8DOk: 3416. Page 560,1'\Ibllo ¡\eclU'da .,cPaIm 8_h Co~l)I. Florida. 10. Rights of Way in favor of Lake Wolth Drainage District recorded in )cod Book 925. Page 235. Public Recordo of Palm B.,..,b County. Florida. (Tract 12) \ I. Subject!CI l\.Oad ltJ¡¡bto of W..y oV,.. the Soutb \ 5 feet of Trect 13 and noquired Draù>a¡¡e Right of Way over the South 24.(1' feet ofT1'act \3 in O.R.. !:look 3126, pago \462. Publio Rccørda otPahn Bcach County. Florida. I 2. Rc~1riction.s. conditions. tllscrvadono.. ....omoøla. ....d ..tiler matters cnntained on the Plat of AJnended Plat ot Soctian 12, Townahip 45 South, IUDS- 42 Bast Mary A. Lyman, at aI. as rDcorded in plat aDak 9, Page 74, 1'I1bli" Records ofpa1rn B....h Coqnty. Ploriòa, 13. Terma, ()ovenanlll. oonditons. tnd olber malletS contained in soy unrecorded 1....<>(.) and all filMS thorcunder/lesaoe(8) BI1d of any penon. claløUn& by, through or under the \cSsco(8). P.,.,. C·SCH. B·lf (n&'I, $194) DØuDloTlmd I I I I II ... 1 in. = 295.7 feet '- /~]"1'mt" ,,: t-----/-- \, ',~ _ _mPOSEIDQN~ l, .... , I ~ "00" I ""OOH """./! '-I:['r i· ,"ro ~_,_""mIIL.__ , I; I I, ' ~- "'--- ., _ ~ ______~_ _ _ _=__ _______ 'i! 0710 ,/ O~1O i 0200 10100 i 01811 ! 0170 0160 I L,____~ , I ' , I . I ---- --.'----- ____. HYPOI ux~ ~~- - - - '----~---------- _c___m___ --- ___un' I:lY~Ol T' r 'T-T- --- I I I I! ~---'- I ! , 'M" "- I ",ro I ""'" I "M" i-..è I I I I I I I I I J I I f --'----- I ! ~'" . . I 0020 -----J I ". . '""'"' J 10: - I by ~Þ~~~~f oi-ta'~,aic 1 "~ ! I I "~~- _I --~~ --~------,--- \ I . I 0110 ! oo~ I I I I I I ,r..ro r"~ I -I I 0011 ..~ ¡-...L._ I , I ""' ! 1210 0011 0013 1110 I ..~ I , 0010 I - _~ I - - - -------1 "- 1m Parcel owned by Eparchy of Passaic "..,.~."""""'~_._~_....=-'-,-,-~..,,~",.~,,_.,,-_. --._.,.,,,.~.-~,,,"''',.~.' ,-,. "-"-'-."'.'"". ..' 1 in, = 295.7 feet , "'00 I' /¡;:;¡;;¡;¡;;m.;~ 'l I ~~,-' \ '-. PO~flQQ1J> '~', ''';'. / I' I, LJìlLU !, .~ '~¡"¡,,'"'''./ "'7'n - --1- -r---=~ \ ,/ ,,'. orl....! I: /'-.' 1070 "'--__ -----,. "I' ,/ D~~D /0110 D2tI(I (1190 01eott170 0160 -----/ ',! " I --------~___.L _ / HYPOI UXO Rn I I II I ,- .- I ~ I II , , ì" I ·"',f - I ,~ ì \ ".'- -I ,I-- I - I ! 1101 ---r "" I 0011 0013 I "" I .." I ~o .~ Site Location Map ¡ , i I I 2 RESOLUTION NO. R05- (';¡ 7 I 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING THE MAYOR TO 6 EXECUTE AN AGREEMENT FOR WATER SERVICE 7 OUTSIDE THE CITY LIMITS AND COVENANT FOR 8 ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND EPARCHY OF PASSAIC AS CUSTOMER 10 AND THE HYPOLUXO HOMES LLC, AS CONTRACT 11 VENDEE; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the subject property is located outside ofthe City Limits, but within our 15 water and sewer service area, for the 45.265 acres parcel located on the west side of Military 16 Trail and south ofHypoluxo Road; and 17 WHEREAS, the parcel covered by this agreement is currently not developed, but is 18 proposed to accommodate 177 single family residences; and 19 WHEREAS, water and sewer main extensions must be constructed by the developer 20 to serve this new P.D.D. Those lines will be extended westward along the south side of 21 Hypoluxo Road ITom the current terminus of the utility system at developer expense to serve 22 this project; and 23 WHEREAS, City policy requires annexation of the property to be serviced at the 24 earliest practicable time, as a condition of the granting of water services outside its 25 'urisdictional limits; and 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The Mayor is hereby authorized and directed to execute a Water S:\CA\RESO\Agn.,.>.cments\Water Service\Eparchy (Hypoluxo Homes) Water ServÎce Agr-.doc ^-",--~._.~~~~,".,.> ."'~~_.''"'"~-;'''''''_.''''''"~''''''~'..'-''' _...,,"...........,~. '. ~,.....,.~.',',,',....>'" ...."" ..,->-.~,"""..,""--'._"'~"",,¡...-',-""-,, -,' 1 Service Agreement between the City of Boynton Beach, Florida and Eparchy of Passaic as 2 Customer and Hypoluxo Homes LLC, as Contract Vendee, said Agreement being attached 3 hereto as Exhibit "A". 4 Section 3. This Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this _ day of February, 2005. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 26 City Clerk 27 28 29 30 S:\CA\RESO\A.greements\Water Seráce\Eparchy (Hypoluxo Homes) Water Service Agr-.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of January, 2005, by and between Eparchy of Passaic hereinafter called the "Customer", and HYPOLUXO HOMES LLC, hereinafter called "Contract Vendee" and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". 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, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject property from Customer; and WHEREAS, all parties recognize that this agreement is valid only upon the occurrence of the Contract Vendee, HYPOLUXO HOMES LLC, purchasing the property from Customer, at which time the Customer will voluntary annex into the City of Boynton Beach; 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 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 /'17 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 I ~,b"~."."','" ~"",-,~<.~,^....",.. ~."""'"".."."".,..._~.~.,....._,_.,-.,..,,.,,.,,.,-,.,",,,,,.""'''''''.,,,",,,,,'' provide service to the Customer's premises. The Customer shall be responsible 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 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, or if the said real property has been transferred, the transferee, will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer, or if the said real property has been transferred, the transferee, will 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. 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 from 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 from time to time. 7. Any rights·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 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 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. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described 2 in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferees, 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 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 liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. II. The Customer, or if the said real property has been transferred, the transferee, 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. 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. Customer hereby acknowledges that it has currently entered into a contract with HYPOLUXO HOMES LLC for the sale of Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for development of the Property and other conditions. 14. This agreement shall not be effective until and unless the Customer transfers legal fee title to the Property to HYPOLUXO HOMES LLC or its successors or assigns in accordance with the terms of the contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to HYPOLUXO HOMES LLC or to its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of the Customer shall be automatically transferred and assumed by the grantee named in the deed from the Customer conveying title to the Property as aforesaid, whereupon Eparchy of Passaic, their heirs and assigns, shall be deemed released from any further liability or .obligation hereunder. 15. Notwithstanding any other term or provision in this Agreement, this Agreement will be null and void, if the Contract Vendee has not acquired the property by IJ /J....,f 3J , 20o.~-:- , 3 ',,'_..;-~~-~ ~". - ....,-,...'._..,._......_,,,~....,.~ ' _....,~._.~...,...._;._.",.;w.<"¥.."".,, IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of ,200_. ~/~ CUSTOMER AS OWNER(S): Witness Signature -/-Si~~~~ The Most Reverend Bishop Andrew Pataki J.C.l., D.O. / ¡J~ ø-~~~ Witness Signature Secretary Signature f/til.aMCf M·l{//.41rð;(l.. ~nted Name /,(/G- ~~ Printed Witness Name (CORPORA TE NOT ARIZA TION) FOR CORPORATE NOTARIZATION: STATE OF NEW JERSEY) ) ss: COUNTY OF PASSAIC) 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 Auf/l6.<.J'¿~.Ak.::> f/lft.<.w(A ,q- tW.k.tJJè.H/ to me known to be the person(s) described 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 following proof of identification: ò,;2.u.ÆY~ L{(::~ . 4 WITNESS my hand and official seal in the County and State last aforesaid this gi¿b day of ?ylAUM~ ' 200S (Notary Seal) ~á ~ Notary P~~A FALSETTA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MARCH 31. 2007 WITNESS: . CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk 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 ,Mayor 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 witnesses 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 day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: 5 ,.~"-~-~- -~-~--_.,--'" -. '---".'."~,.."""..',.-",,.,,.'-, ,,,..,,-..^"'",.-,...,,...,.,,.... _."._'o",,",',"'-.,~.,_<........,·,·, City Attorney 1 1 WIT CT VENDEE: I ness Si ture P7t~ i Charles Scardina, Mgmr Witness s¡gnaZ ß kel ,1.JlI's"",,,- 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 Charles Scardina to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personallv known to me or provided the following proof of identification: ---- WITNESS mY<rsd and official seal in t~county and State last aforesaid this J %t.. day of I'\L)(,L'{ , 200 . (Not"" 50,1) (>Çú,,-uL c+~ .... ii'\ Lucinda L May Notary Public !~ . My COmmIssion 00101989 'V...t;,I ExpiIeoMan:h21,2006 6 ·~ JAN 19 '05 11:4Z FROM: ~an 05 ~UU~ ~;u~nl·1 -. . ....-_. T-t97 P.DZ/04 F-54Z ... Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule A Commilmen! NQ,: Bffecti"e Dale: Agent's File Reference: CF·I L64605 DeCCll3ber IS. 2004 @ I I :00 PM 9+-6 Tile co"eralðl prov14ed by ùe OO'ID¡ Praleetlol> Letter printed 1111 the lipide covllr of this çomntlt1Dent are eXlOnded to tbe p....'.lIed Insured(s) Identir.ed belllw. I. PQlicy or Policies t.o be issued: proposed Amount of ÙIS\ItIII1ce: OWNER'S: ALTAOwntl". Policy (10/11192). (lfomer. specify.) S7.~OO,643.00 Proposed InsDTCd: Hypoluxo Homes, LLC. a Florida Limited Liability CompanY MORTGAGEE: ALTA Loan po¡;cy (10111/92), (I£olber. ~peclfY.) $ Proposed IJ¡sured: 2. The e.talel or Intercsl ill Ibc ÙII1d dcacribed Of :eferns<t to in this commitment i. a fee SÙI>ple (if other, specify same) and ti1)e thereto is at tbe effOlCtive date hereof "..te<i in: Eparchy ofPauaic, a non profit New JonIey corporation 3. The land referred Ix> in thi& cormnitmOllt i. described as follow", Parcel I Tbe Bast 112 of the Northwest 1/4 of Ibe Northwest 1/4 of Section 12. Townahip 45 South. Range 42 Ea~t, Palm :e"""b Coupty. FIo>rida. UlSS RighI of WAY ID o..der of Ta1cing in O.R, Book 6198, Pas· 1051 aoo Quit Claim Deed in O.R. Book 1511. Paae 1952. Public Records of Palm Beach County, FI<>ricla. Paroel 2 An ofTracœ 12 \lId 13. of Am.nded Plar of the Mal)' A. L)f1uan þt 0.1, aul>cllviBion of Section 12. Towl1Bhip 45 South, lWIge 42 But" according to the map or pbt thereof .s recorded in Plat Bøok 9. Paa" 14, Public R.e~rda of Pabn Beach County. Florida, beiD8 a ponion )f BIIIt 112 ot'\:be Northwest 1/4 and Southwoot 114 otmo Northwest 114 of Section 12. TI'wnsl1ip 45 South. Range 42 Baal, Palm Beach C(:JUltty. FI<>rida. Agent No.: 7994 !Mums Ag....t: J. l"ATRlCK FITZGEULD. P.A. 110 Merrick Way SullO 3.B c:~_.-~ Coral Gabl... FL 33134 ~ Agent's Sißllature Suzanuo A, Dookerty Attorney at Law Fom CF-$CIf. A (rrv. 8/9'1) DoublaTlm"'" I I I £' PllaUly ...p fJ,.ttOo'" 1\ /.. I. 4 I ..~,._~-,.,.- E:)C I t,t IJ ,->..,-,"_'~_.'. .·',",,",'·,,"",.·c II I I THIS INSTRUMENT PREPAFtED BY; Jamé5A Cheraf, E&OWre Jo&ies & Goren. P.A 309Q East Commercìal Blvd. SJ.lite200 Ft. L.udeTd&Ø, Fl 33300 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporations) STATE OF New Jersey COUNTY OF Passaic I/We, Eparchy of Passaic, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey 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: The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of , 20_ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day 01 , in the year two thousand and 2' d E 199-EH-SOE IJd' [ìlJ~3~ZJ. LI >1:1 I ¡ÚlJd ;-['- --wÙ,: E SOoi'B¡-;:;-';¡:~ II I ~~~ in the presence of Witness Signature Signature / 7#~ ~ æl1u .-¡- ~~ ~-L Printed Witness N<!fTIe The MOBt Reverend Bishop Andrew Pataki / /I, á / . ~/ . J.C.L., D.D. ., 'Ii? üß- Ut, CC{'.J ij~ ,tness Signature /1;/77 !.. {b//::¡&<;.C.h, Printed W~ness Name yrfw<J ¡J ~ ' Witness Signature 'if tfJ4ts ~ d? h 1YI /Î't5tø¡1/t(7f )(- 4/¡ ,.(/lJJd¡Þ Printed Witness Name Printed Secretary! Vice Presidenfs Name /J~ .-12:;;) gç;;; 'S?? £&7VÞf / '/77 W2ð¿:Ó,Sck v Wi ess Signature / 1/2. j ^ .:/)//?? ¿Ù7111./?SCF?( Printed Witness Name STATE OF New Jersey ) ) 55: COUNTY OF Passaic ) THE FOREGOING ThlSTRUMENT was acknowledged before me this ~ay of:::ffîA/ , 20.Q.[, by The Most Reverend Bishop Andrew Patak I who is known to me or who have produced ,l¡4t/Ø-S b{~ , as identification and who did/did not take an oath. ÁO~tV ~.r¿/li NOTARY PUBLIC bOAJAJfI ~ LSE1779 _ Type or Print Name Commission No. __ My Commission Expires: POA.IND DONNA FAlSETTA NOTARY PUBlIC OF NEW JERSEY MYCOMMISSION EXPIRES MARCH 31. 2007 t £' cJ £ 199-£1010-50£ I,Jd' a,I,J~:3SZl u ):J ièiJ.-¡j.¡-:·~-~,¡dG":£ 500G 8 I ue[' _.,._~~___~__ '~~.~""_~_N,_<·_ JAN 19 '05 11:42 FRO~: Jsn 06 k:UUO ;;:J;u.;;ann -. . ... . - - . T-m P 02/04 F-542 Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Scbedule A Commitment No,: Effective Date: Agent's File Reference: CF·1164605 Deœlnber 15, 2004 @ 1 I :00 PM 9+-6 The gov.rap. pro....4ed by tbe Clø.1Dg PrØteedØD Letter printed OD the 1IIIIde cover of tbls eomllÚtlDellt are extended to the p....po.eci IJulU'lld(.) Ideplir..,¡ below. \. Policy or P o\icies tD be issued: J'1'OJOsed Nnoum of \DBUtaI1Ce: OWNER'S: ALTA Ownor'. Policy (10117/92). (If other, specify.) $7,500,643.00 Propo.ed lnaurcd: Hypoluxo Homes, LLC, a Florida Li11lÍted Liability Company MOR-TOAOHB: AL T A Loan Policy (10111192), (If olber, specify.) S Propo!lOd Insured: 2. The e.laII> or interest in liIe !4nd cl=sçribcd or referred 10 in this commitment is a fee GilDple (if other, specify same) and titJe 1bcreto is at the effective date hereofv..ted in: Eparchy ofPu.iÌc. a n"n profit New Jcraey corporation 3. The land referred tD in thÙl comrnitmOnt i. described as føllowo: plltcell Tbe Eaat 1/2 of the Northwest 114 of Ibc North",e,t 1/4 of Section 12, Towushil' 45 South, Range 42 Bast, Palm :e....h COI>n!)', P\"rida. UlSS Right of W"y iD ~r of Ta1ång in O.B.. Book 6798, Page 10S 1 and Quit Claim Ðeed in O.R. Book 7511, Paae 1952, Public Recorda of Palm 8each County, FI....ida. Patc..l 2 All of Tncœ 12 IUId 13, o! Amended Plat of1l>e Mary A, L}'11UU11Ot aI, Subdivision of Section 12. TowÞalûp 45 South, Range 42 B/lSt, according to the Imp or plat &hereof.s recorded in Plat BMk II, paao 74, Public Record'! ofPahn Beach County, Floridll, baing. pOftion DfBut 1/2 ottbe NOTth_t 1/4 and Southwest 114 ofm.. Northwest 114 of Section 12, Township 4~ South, Range 42 Bast, Palm BelICh County, Floridll. Agent No.: 1994 lasuln& Agent: J.l'ATRlC!< FITZGEULD. P.A. 110 Merrick Way Suite 3-B e-: ~_.- ~ Coral Gables, FL 33134 - Agcot's Si¡ha!ure Suzannè A, Doebrty Attorney at Law ForM CP·SCH. A ('/lV. 8/98) }oubløT1m,,6) I I I II JAN 19 '05 11 :42 FROM: Jan os 2005 ::I:u"nn "'. I II......... _.~ , _.- T-l3T P 0¡/04 F-542 Attorneys' Title Insurance Fund. Inc. COMMITMENT FoRM Schedule B-1 Conunitment 1'10,: Agent's File ReC..¡enc:e: çF-116460S 94-<i 1. The Collowing arc thc requirelIll",ts to be oompli.d with: 1. payment oflb<: filII e"....d.....tion to, ar for the ""count of. the graIItoø or mortgagors. 2. InswmeulB cr....ling tho estalc or iuterm 10 be insured which must be executed, de1ivered and filed for record: A. Warranty Doe<! ftom I!]Iarchy of Pas","", 11 non prom New Jersoy <>OCpO...tion, to the ptnpoBcd inßured pu,,:ha$er(s). 3. A deterD1inarian must be IIUIdo that t\\ere are no uarecordcd øpecÛlIII88ØIIBmel11liens or Wlrecorded liens arising by vll1UC of ordin"''''''' ",¡r.oorded 8I'eomantA a. to ilnpaot or olber developJllent fefi, unpaid Waite f_ payable Ie the county or municipality. or unpaid service chargeø uodor Chapter IS9. F.S., or county ordinance. 4. SatW'actot)' evidence mlUt be turnj;Þed _"liahins chat BporobY of pasaaic is " CQI'IJ"raûon duJy orsani~ validly existing, ...d in good standing under the lawa oCNew Jersoy (at date ðfpurchaae and at tha prescmt time, or II dale oC purchase and al dalO of aale). If th_ i. no øovemø>eutal agenoY in cbarge of corpolBte reeorda ftom wbich II cct1iñcale of good ataAdina can be obtained, \Iu!II aD atlCnUl)i or noW')' publiC in the .tate or cOllntty of orlSln. who "as examilled the appropriate corporate records. can provide the certificate. 5. Satisfactory ~d""ce must be furnished cstabUsbillS that tile Sllbject property doca lIot oonsûtu'" aU or substaalially all of the assets of Eparc!1y of l'aiSlUo. lf It do,,", olLliaa.c.tory evi<1encc mu.1 be provided complying with Sec. 607. 120 I oT 607.1202, F .S.. or øimiJar statutea al the p\Jlce of oriSia of'the corporation. 6. Veriñed oopy ofby!aws m",st be: checlccd for any provisions as to the powers oithc dire.totS atld officors and any p,o""dun> relotin; to the .aIe of the property. 7. ResolutiOn er"m the governinS bøard _sistent with the bylaws authorizing IbO .ale QIId apecit,'lng the offcno wh~ are to make that c:onveYIll1OC1 to be atlaChed to tbe deed from the corporale granlDt. 8. Approval frommembcrship if the sale ooosûl1Jtes 1111 or 5ubstanûally all of the ...""Is of the corporalle p'antor. 9. Proof' of A<;:çeso ()Ver III. Lake Worth Dminage Dislriot canal L·l. 10, sallsfa<:'ory ",vide"". .....at be funoi.¡,.,d ostab\i&bina that tlypolllXO HomeS, LLC i. a cOJpøration duly or&anized, validly c:xistinS, and in good standins und.... the> laws ofF1oñdll (at date ofpurchale anI! at thð present ü;:n", 0' .. daIC oipurch""" IIDd "I do'" of oale). If there is no govcoJlllJlOlltal agency in cbatge of' corporate records from which a oertifioate of good li1audln8 can be obtained, then an utemey or nolar)' public In the state or couotO' of orifli", who baa examined !be appropriate oorporate records, can provide lIIe certificate. 1 I. Note: 2004 real estato taxe. aro paid sa follows: Folio 0042-45-12-03-013-0000 $672.74; Folio 00-42-4S-12-00- 000-3010 $4,852."; an41'0Uo 00-"\2-45-12-03-012-0000 $5.191.11 F(1nn c·$C}/, 8~J ¡j'ev. 5/94)) DoubleTIm.... I I I I I iii -_.....__.~ .. ~ _.."....,-,.~..__..~.~"...__.-._.~,'~..~.._"._."~..---" ,..>"...., "....,~,'~;_.....4<_',,_.._... .,.", " I Service Agreement between the City of Boyl1ton Beach, Florida and Eparchy of Passaic as 2 Customer and Hypoluxo Homes LLC, as Contract Vendee, said Agreement being attached 3 hereto as Exhibit "A", 4 Section 3. This Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED thIs I 6- day of February, 2005. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 12 13 14 15 _,------:'0 16 17 18 19 ~~. ~?~ 20 21 22 Commissioner 23 24 .~) 25 26 27 28 29 30 , S:\CA \RESO\Agreements\Water Service\Eparchy (Hypoluxo Homes) Water Service Agr-.doc