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R05-063 \I 1 RESOLUTION NO. R05-0t:o.3 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND JACK WHITE; 9 PROVIDING AN EFFECTIVE DATE. 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 3823 N. Old Dixie Highway, Delray Beach, Florida 14 (Amnd PL of Trade Wind Estates, Lots 5 & 7); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in the Trade Wind Estates project area; and 17 WHEREAS, a water distribution main exists on this street allowing for the service to 18 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 Jack 28 Iwhite, which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. 30 :\CA\RESO\Agreements\Water Service\White Water ServIce Agreement.doc II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this A day of -.l!pri I .~ , 2005. CITY OF BOYNTON BEACH, FLORIDA r c~~n( C, (--:;Cd .-' / 'I' (/ '~.....~. 7-0J1/~ {J ;:;:::~~. " (. Commissioner :\CA\RESOIAgreements\Water Service\White Water Service Agreement.doc 111111111111111 " 1111111I11 I11I1I1I1II1I11111111111111 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050308298 OR BK 18610 PG 1002 RECORDED 05/19/2005 13:33:54 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 1002 - 1010; (9pgs) R05-0(,.3 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of ,200_, by and between :1 o.-d<.... LV h.:d ~ 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 jurisdictionallirnits 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. 1 r ) / , r ) / , 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 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. 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 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 oflocal, 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. 11. The Customer hereby agrees to indemnify, defend and hold hannless 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. 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 , \i\- tVIrG/~ , 200 .;-:- WITNESS: _ ~~ AS OWNER(S): z? Owner Signature II ~:.Tt,( tJ /7 1/ A. Printed Witness Nam ~cK' NH\Tl:: Printed Owner Name ~~J@/j(/'e J-11J1-L1,</O Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness 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 -:feLt:' Ie. L-<..J h I It to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowl~e m~. ~t he/shp. p.x.ec'lten the ~; that the individual was personally kno~n to me at:provided the ~ing proof of identification: rl z> R / d,-;< d;2 /' {./ E' ~ f 1/ (' of? 11 's ( . t1c:. WITNESS my hand and official seal in the County and State last aforesaid this? day of hl t?-U ~'-- , 200~ . (Notary Seal) "'\\"y'~:;',, Barbara M. Madden ':=-~~'~Commission # DD125274 ~0.\"- Q";)~E Expires July 19,2006 ;...~;.~~.: Bonded Thru '",p,~,~~\\\' Atlantic Bonding Co., Inc. ~~L-tL A. kLJJ~7-< Notary Public WITNESS: ?;LJ;)zr{f ij ~YNTONBEACH' FLORIDA Kurt Bressner, City Manager (~C2t~ ~ ~ ArrEST: ~In.~ City Clerk STATE OF FLORIDA ) 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid ~d in the County aforesaid to take aCknowledgments,. personally appeared ~ ~.LA.._ ,CityManagerand~ll:t- /1'1. ~1.ru~ , City Clerk respectively, of the City named in the foregoing ~e~ment 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 ~ (, ~ay of ~ ,200& (Notary Se~~"::. Barbara M. Madden ~t{;&~ECo~on # DD125274 -.... .,,- J:'YnlIeS Jul 1 ;~"-..: .-;p~ ~l' Y 9, 2006 '"f OF"fi.<:s .-- Bonded "1/11\\\' Atlantic Bon' C ..Inc. ~;(.Ik~ - Notary Public 5 Exhibit A Legal Description: Lot 5 and 7, AMENDED PLAT OF TRADE WINDS ESTATES, according to the plat thereof, as recorded in Plat Book 21, at Page 73, of the Public Records of Palm Beach County, Florida THIS INSTRUMENT PREPARED BY: James A, Cherat, Esquire 3099 East Commercial Blvd, Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF '-PaJh'\ &~ I/We, -:To.clc LJ~~ t€- , hereinafter "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: o 'l ' y 3 - If &- ' () <f ,- I '7 ,- () Or) - c)?J S L) The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 7~ day of M.CVL~ , 20~ and the powers and authority shall be irrevocable by Grantee. '7//k- IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of )1,LL<<.i'--. , in the year two thousand and d- u 0 ~ Sealed and delivered in the presence of ~ ~ // ~" ?t I ess Signature flr I)/T P 4. jJ'fc E.- Printed Witness Name t/di own~ignature '- Z5r\Ct< c,0 H (it; . Printed Owner Name t>~;) Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) 7/4, THE FOREGOING INSTRUMENT was acknowledged before me this day of hL/Vvc..i~ ,20D ~, by J If. (. L k,/;;. Ie and , who are known to me or who have produced r / P t7/'rIA. C,) R /t' -I'D 's J/cr/J~-as identification and who did/did not take an oath. ~1-hl.~ Jl,t III 4e~ NOTARY PUBLIC My Commission Expires: Type or Print Name Commission No. """" B b M _"~IP .Qt~ ar ara 1.4adden .:-<:>A....,...,v~c " : ':'/ "~ i oznn:u.ssion # DD125274 :,%\ l~: ExplI'eS July 19, 2006 "'/;(;:'I.~""l Bonded Thm "'"",i'" Atlantic Bonding Co., Inc. POA.INO