R05-0471
2
3
4
RESOLUTION NO. R05- Oq']
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE
CITY OF BOYNTON BEACH AND ANG CAPITAL
GROUP INC.; PROVIDING AN EFFECTIVE DATE.
5
6
7
8
9
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 7757 Griswold Street, Lake Worth, Florida (Tropical
14 Terrace, Lot 26 Less S 7 ft); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in Tropical Terrace in unincorporated Palm Beach County area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 vicinity, allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 Section 2. The City Commission hereby authorizes and directs the City Manager
27 !o execute a Water Service Agreement between the City of Boynton Beach, Florida and Ang
28 ~apital Group Inc., which Agreement is attached hereto as Exhibit "A".
29 Section 3. This Resolution shall become effective immediately upon passage.
30
¢:'xCA\RESOXAgreements\Water Service~Ang Capital Water Service Agreement.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
PASSED AND ADOPTED this Iff'- day of March, 2005.
CITY OF BOYNTON BEACH, FLORIDA
mmissioner
~ttest:
\CA'xRESO'xAgreementsXWater ServiceLAng Capital Water Service Agreement.doc
THIS INSTRUMENT pREPaRED BY:
James A. Chero uire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
!11[ ii III II I11 Ii Iii III Itlt tll tl 11t Itl II11 I lit
RECORDED ~/04/~885 16:14: 58
Palm Beach (',oun~y, Flor:ida
Sharon R.. Bock, CLERE & COMPT~LL~
Pgs 1~9 - 1233; ~Spgs)
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
mS AGREEMENT made o. ~ /J~ dayof 3?q~rc/~ ,200r ,by~d~*ween
d/7 ~ ~c-~p'iTt~/d~roo. D E~s~-~ hereinatter called the "Customer", and the CITY
OF BOYNVFON B~EACH, a munictipal 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 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 desen'bed as follows and which Customer represents is owned by
-Customer: (Extu'bit A)
2. The Customer and the City hereby agree that there are ]t ~ 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 premiues. The
Customer shall be respons~le for installation in conformance with all codes, roles and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premiss.
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 w[il 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. AH 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 m 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 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 elito'ble 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 ofthe
irrevocable special power of attorney, but Customer's fat~'e 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 I above. This Agreement and the power of attorney referenced hereinisto 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 liab'flity 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 liab'flity inthe 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.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Ot~em, enq,loyees 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 coition 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 ofthe 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 the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this//~) day of
WITNESS:
Witg~ Signatur[ ....
Printed Witness Name
imess Signa~/ee
Printed Witness Name
CORPORATION AS OVa(S):
e~~ President's Signal~r~'~
Printe/d Presidem's Name
~ice PresidenffSec~etary4s Signa~
/...~rinted Witness Name Printed Vide Preside'n-t/Sec-rfitary's Name
Witness Signature
Printed Witness Name
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
(Notary Seal)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid/) ;and in tl~e ~County afpresaid to take acknowledgments, personally appeared
(Z't4cJe/O //Tt~ t4 ~tq7X?-- to me known to be the
perSOn(s) d~scribed 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 proofofidemification: F:/o r ,'cgc~ t5 L ,
WITNESS my hand and official seal in the County and State last aforesaid this I0']4''' day of
,, 2005'
WITNESS:
dTE OF FLoRiDA
Notary Public
Cy~YNTON BEACH, FLORIDA
Kurt gressner,City' Manaver
Ci~ 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
](txrer- greJj~g, City Managerand 3",t~e:k ~'r,t;n;~[o ,CityClerk
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 0~/~'{4x day of
ck ,200
(Notary Seal)
Notary Public
5
THIS INSTRUMENT PREPARED BY:
James A_ CherOf, Es(luke
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
lllffllillllllllillliillli
CFN 20050192251
OR BK 18357 PG 1234
RECORDED~4/~4/2~05 1£:14:58
Palm Beach Count¥~ Florida
Sharon R. Bock, Cl~K & COMPTROLLE~
Pga 1234 - 1236; (3pgs)
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
as , ~-greln~ter "Grantee", hereby
- _)
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:
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA,
commence and be in full force and effect on the //0~/'~'day of
shall
.l~-'-~,~r~4, 200~ and the powers and authority shall be irrevocable
by
/
Grantee.
IN WITNESS WHEREOF, we have hereunto set our ha~nds and seals the ~
day of /c~ro ~/,-I ' in the year two thousand and J~:~ v ~
/
Sealed and delivered in the presence of
.~~sident's ~ignature
. Winth-e~Sign~h~ure '
Pdnt-ed ~/V~tne~ Name
/~t ness Signature~:~'
Printed Witness Name
/
..~-~wi~.~ignature -
Prin[ed 'Wi?t~ss Name
Prin~ed President's Name
i~dn{ted seCr~t'~ry/Vice P~sidenrs Name
Witness Signature
Iddnted Witness Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
of
)
) SS:
)
THE FOREGOING INSTRUMENT was acknowledoed before rne this/gT~ day
,/~,¢J~r~,~cV/, 20 b ~', by (_)~q~/o ~be/~P~- and
/ , who are known to rne or who have produced
[o r ~,~ L). ~., , as identification and who did/did not take an oath.
" Floncla Note Assn Inc ."
NOTARY PUBLIC ~ /~/
My Commission Expires:
POA. IND