R05-034THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
Ill II iii tt Iil II 111 tl III 11 Iii I1 III It III II III I IIII
Ol:t BB2 5/1:3;255 I:~G 1.'7133
RECiiRi)Ii.;D 03/]L4/2005 10:.59:53
Pa.Ll~ Beach County, Florida
Sha~'c~a R. Bock, CLERK & COMPTROLLER
Pgt~ ].703 - 1710; (Spgs}
c,5-c-qq
AGREEMENT FOR WATER SERVICE OU'; 'SIDE
THE CITY LIMITS AND COVENANT FOR ANI', EXATION
XX-/~ THIS ACREE _MEN~T m~de on this__ day of ., 200 , by and between
(C~O( ~, ~4)t?~l¢ v30~o' ~.. hereinafter called the "Customer", 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 jurL, sdictional 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 provi te water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which :onditions the grant of water
services outside of its jurisdictional limits on annexation of the prope:~ ty to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege c fteceiving water service from
the Municipal Water System and the mutual covenants expressed here in, 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 serv c:e from its Municipal Water
System to service the real property described as follows and which Cu 5tomer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are .... z__ eqmvalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees ot' 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 lhe Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
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PASSED AND ADOPTED this { day of March, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Attest:
Commissioner
Com ,n~oner
S:\CA\RESO~AgreementsXWater Service~Melendez Water Service Agxeement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Landerdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
\ ,THIS Afi~REE .MEN~F made on this day of ,200~ by and between
~_?t'C-~O( !~, ~4)~l~ r)O~o ~ h~ein~er called the "Customer", ~d ~e
CITY OF BOSTON BEACH, a mufficipal co¢oration of ~e State of Florida, herein~er cried
~e "Ci~".
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 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 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 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 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. Annexation is intended to be and is hereby made a covenant running with the land
described 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
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
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 cimumstances 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, 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 be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13.
property which is the subject of this Agreement.
f2-~_~¢3~c~IN WITNESS WHEREOF, the parties hereto have set their hands and
The Customer warrants to the City that Customer holds legal and beneficial title to the
seals this c~ ~d~y of
WITNESS:
Printed Witness Name
Witness Signature
Printed Witness Nme
INDIVIDUAL(S) AS OWNER(S):
Owner ~i~nature (~ .)
Pnnted Owner Name
Witness Signature
Printed Witness Name
Witness Signature
Printed Witness Name
Owner Signature
Printed Owner Name
FOR INDIVIDUAL (S) 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
l/ , c f ~ ~ p . /2 ~ /~'r~ dc'~.{ to me known to be the
person(s) described in and who exec~d 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 idemification: /~/~ r2 ~ c/~- rt/~ ,'~ r~ ~ g~ '6' F n a 4'
WITNESS my hand and of.fi~jal seal in the County and State last aforesaid this ~ day of
Notary Public
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
STATE OF FLORIDA )
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 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_.
__ day of
(Notary Seal)
Notary Public
Approved as~to, zFm'lnc)
City Attorney
5
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Joslas & Gemn, P.A.
3099 East Comrne~c~l Blvd.
Suite 2~0
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
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:
oeo
The powers and authority of my attorney, THE CITY OF BOYNTON .BEACH,
F~_~RIDA, shall commence and be in full force and effect on the--'e}~ day-- of
__
{-~ ,20 ~,_C')and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
dayof /{~/~ ~P ~) , in the yeartwo thousand and /~-e .
Sealed and delivered in the presence of
Witness Signature
Pdnted Witness Name
Witness Signature
Owner Signature
Printed Owner Name
Printed Witness Name /
/.
Printed W~ness Name ~
~itness Signature
Printed Witness Name
O~'n~r ,Signature ~
Print~d'-Owner Name
STATE OF FLORIDA )
) SS.'
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledoed before me this
of /'~(Z~,/t~ , 20~-, by I,/,'~rz ,~-J'%~/-<r~?,~ and
~' , who are known to me or who Oriave produced
., as identification and who did/did not take an oath.
My Commission Expires:
POA.IND
NOTARY PUBLIC
Type or Pdnt Name
CommissiOn,~No.
Palm Beach County Property Appraiser Property Search System Page 1 of 2
Lo~:~: :~Address: 1042 PEAK RD
~unicipalit¥: UNTNCORPORATED
Parcet Co~ ol N~mber: 00-43-45-09-09-000-2220
5~bd~vision: R~DGE GROVE ADD Z ~N
Official Records Book: 13405 Page: ~209 Sale Date: Feb-2002
Legal D~scription: R~DGE GROVE ADD NO Z LT 222
Owner Information
Name: MELENDEZ VICTOR R
Mailing Address: 1042 PEAK RD
LAKE WORTH FL 33462 Sg22
- Sales Information
Sales Date Book/Page Price
Feb-2002 13405/1209 $66,300
NOV-2001 :L3201./739 $40,000
Aug-2001 ~2798/828 $100
Sale Type Owner
WARRANTY DEED MELENDEZ VrCTOR R
WARRANTY DEED D! & Q FZNANCI'AL TNC
CERT OF TI'TLE OCWEN FEDERAL BANK
Exemptions Regular Homestead $25,000 Year of Exemption: 2005
Total: $25,000
Appraisals
Tax Year: ~004 I 2003 I 2002 ~
Improvement Value: ~49r9001 ~44t6461
Land Value: ~12r815 ~11r520 ~9r000 /
Total Market Value: ~62~715 ~56;166 ~49r878 '
Use Code: 0100 Description: RESTDENT~[AL
* in residential properties may indicate living area.
Tax Year 2004
Number of Units: 1
*Total Square Feet: 1043
Assessed and Taxaile Values
Tax Year: I 2004 I 2003
Assessed Value: ~57~2331 ~56~166
Exemption Amount: ~25~000 ~25~000
Taxable Value: ~32~233 ~;31t 166
2002
~;49,87~801
Tax Values
Tax Year:
Ad Valorem:
Non Ad VaJorem:
Total Tax:
2o0 I 2003 12002
~6~91 ~6091 ~81
~191 ~1921 ~185
~820 ~8011 ~1~16E
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