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R05-015 (4) / "J-'-'-- .. ,If"::' , .!/,N! .J:/ I .:, .' ~ft~''::!;.............. """'.- :'''1 , :C""I\"'. 'w. ,r". :."'F 'l-'~ ~~ ~,-.:: F' 't"l , ~. < 1 ii'? < .i ~~', ~:' ':.:1 ;' ::1111 nl 1/111 II III II m IIIIIII W I ~I ~ III ~ IIIII1 i tj (; ~:;, c ~'::...: .~:. to; :~: !'Jd, 1; FL.. 33,,;35 CF'lj' ::'0050358287 Oh: .. fij-, 18726 PG 0595 RECCqWED 06/10/2005 11:23:02 PaJn Beach County, Florida Sharon R. Bock,CLERK & CO"PTROLLER Pgs 0595 - 602; (8pgs) '~Cl:/jl"')l i THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Res-c,:::> AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION r;1\ /' THIS AGREEMENT made on this 075 day of /J1 ~ ,200..L. by and between Le.on. 0, 3~r(l"'~ Jr f. c",::ldt 4, SAV(e<s hereinafter edthe"Customer",andtheCITY OF BOYNTON BtACH, a mu 'cipal 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, 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 TIlEREFORE, fbr 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 il 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 respollSlble for installation in conformance with all codes, rules and regulations 1 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 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 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. 1 L The Customer hereby agrees to indemnify, defend and hold hann:less 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. e arties hereto have set their hands and seals this 1 day of W INDy.....IDUAL(S) AS OWNER(S): /V /.. ,., .~ Signature t ,. ~Y\ o,5uYUS ~~' Printed Owner Name \ ~~ ess Signature \ TuJ!HIe /;/u/ Printed Witness Name 3 5l- ~re d~ {j ,~dj ~ Pnn ed Owner Name 1 ess Slgnatur ' L c""" () S<<-v ts 5/2- Printed Witness Name ' ~f~~ ~JuJ{dk hrul Pnnted Witness Name FOR INDIVIDUAL (SYNOT ARIZATION: 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 Lf:.tJoJ O,.s-....~..H.,rR. ~ C"vDY A. .("'I'tkt.s to me known to be the person(s) described in and who executed the fore oin . trument that he/she acknowledged before me that he/she executed the same; that he individual was personally known to m r provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this t.{ Nit'! , 20Q~ day of r..._,r.~""''''''''-:_:~'i;.4~::.:".e(<.~~~~<'''~'::''-lF,-_-,,, (Notary Seal) ".."",,1 ~RRl LEE PEDERSEN r,' 1, ~{m~teV"~'~ NO\;....."1... .P.LlbliC - State of Florida '1! :: . ~ ~" "1r,11SS1)11 Expil!s Jan 15, 2008 ';:, 1_' ;'L,'rrllssion' 00059176 -:;0.... ~'""~ ";;;.tOFf>'tS" '; '1'( National Notary Af.sn, 'IIiil"" ~.rJ"''''tj ".,,-,<V;.,:~:-,.q,~"'~.~~"1r"~:"-j Notary Public ~I LH:_ ?c.b~~ WITNESS: >=17~(P;~ /' / --' h(~ C OF BOYNTON BEACH, FLORIDA (? rsv<~1 ~ (4..(~.Lu. s........ ,ws'rr-) Kurt Bressner, City Manager A TIEST: CA'iHf'KI (\l[ L\.JtI ~(cfi~) N 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 andV' in the County aforesaid to t~e acknowledgments, personally appeared k l.4,ret p (7esSrlf(Z. , City Manager and ') c.....d1111 . f Ie /J-e. uf , City Clerk respectively, of the City named in the foregoing agreement and that ey severally ac owl edged 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. Approved as .' 'J7ju~p~' A<;;t.'r City Attorne WITNESS my hand and official seal in the County and State last aforesaid this :;) j- OIdayof /h 1(.;. . ' 2?OS- , . . "\~':'!I,,, Barbara M. Madden (Notary Seal) .:-''2~;..::~~':-::. Commission # DD125274 -"'A''''~ :::i,( i.i::: Expires July 19, 2006 ;h"~"" '~f Bonded Thru [0Jf1i4"';;f.('\\~'" Ailimti< Bondln,Cn"Ino ~/ .~ ; ~~ ~~ A /h dk... Notary Public S~~~ ~~ 5 " THIS INSTRUMENT PREPARED BY: James A, Cherof, Esquire 3099 East Commercial Blvd, Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ftttm ~, .. I/We, l.D&l 0 "Sill 1;5 :sr f- ~/()JA; A. .5u.dJ[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 ann~xation by any available means. The real property which is the subject of this power is described as follows: co -L{~ -If,S; - (9 -oz- -012 - 02GO 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 m()~j , 20 Of and the powers and authority shall be irrevocable by Grante~. 1 IN WITNESS WHEREOF, we have hereunto set our hands and seals the-!:/- day of m ~ ,/ITNh r two thousand and Ave . I / delivE}fe . the resence of 2- . e Signature '. L (?c;LA 0 5{ L-z- Je ,s S'/Z- ~. d Witnes. s Na~ k~ (!J;J! ness Signature , (fL~Y\ [) I ){ftU 5r"37:' Printed Owner Name ' . '""1---- ~. ," ".- .... -, Owner' ture ~ IF ,<:::{ly!JS Printed Owner ame s Signature L <!Cf'\- (J ,,_~ '2 /-e S SL- PQr" . Witness N~. e.. . . ~~dl# d~J ~jj;;; t:/(j/ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this 1 day HA- 'I 20 O~ , by ~ 0. S v(t..H JIL. f<' ,,../b A. S-v~ s and , ho are known to m or who have produced , as identjfjcat~on Jrd who didl{1fd not take an o~ #-P-A- NOTARY PUBLIC r ~I u t fE.()EJe.r~~ Type or Print Name Commission No. "J:>?:>05q/7~ My Commission Expires: .::J1'I"r'-J. 15'.1 2oo~ POA.IND of --- , .....~;i__.'l.."",r... C '"''''~~'~~~~?''' TERRI LEE PEDEt~SE~~ :<; <' :~.':9ri1i.;\ Notary P.UbJiC - State of Florida 't ~ :'l~~' MyCommISSD1ExptesJan15,2000 i~!.~~;:'" '-;or"'mlssion 1/ 00059176 !; (. ",,;,~, '...,j "y National Notary Assn. If!< j' ~ ", ~;.<"~ ,,~~ V':'I:' .,..fl"'\wr"'O Palm Beach County Property Appraiser Property Search System Page I of2 _1'fi1:;~~,~~,~','!f:,~;;:'~~~t~t)' ~PJH318tlf'g Public Access SYSliH'l '<<~)"\ "" ~"" f~ '" ",... -"""i .>> ~ 1 ," r: ':' r f "" 1 ~ "~~10kl1t3,' ,t, ~J:rnlMJ4'". 8* ~ 0;;. x ,,;;(, Property Information Location Address: 3511 COELEBS AVE 1@k\i;_~;.~WAWI Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-02-012-0260 Subdivision: WEST BOYNTON PLAT 2A Official Records Book: 11545 Page: 741 Sale Date: Dec-1999 Legal Description: WEST BOYNTON PLAT 2A L TS 26 It 27 BLK 12 Owner Information Name: SURLES LEON 0 JR I Altnwn-e: M" J ", ~ Mailing Address: 3511 COELEBS AVE BOYNTON BEACH FL 33436 2704 Sales Information Sales Date Book/Page Dec-1999 U5"l~LZ41 Jan-1991 06716/08Qg Price Sal~_IYf.H~ Owner $100,000 WARRANTY DEED SURLES LEON 0 JR $10,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: 2002 72 721 23 925 96 646 Tax Year 2004 Number of Units: 1 *Total Square Feet: 1356 Acres: 0.12 Use_Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: 92.95(] 91 217 89.079 ...~ Exemption Amount: 25.000 25 000 25.000 Taxable Value: 67.950 66 217 64.079 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: l~k.;1 I_,w~'\t-.,.,J 1"""0k<@.p.:SiD1.J!l.. ~..., ;1'1 NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record S~ilrf:b I Information I t xemptions I c:ommunity I Ernplo-ym~nt I New Horne Buyer I QffLc~ L9<;il1i9rrs Value Adjustment Board I Save Our I:-IOjYHi:'S I Senior Comer I Dlsciaimer Horne I Links I Glossary I FAQ I forms I CQnta<.t Us I P!,PA ~)Lk~ U- 4 http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p _ entity=00434519020 12... 5/17/2005 P,en.lQ.'f.t - } .0: ! < " , ~. '.'''. . . .- 11111111111111111 a W 111I11II11III1I1III rnIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, Fl 33308 eFN 20050358282 OR BK 18726 PG 0571 RECORDED 06/10/2005 11:22:07 Palm Beach County, Florida Sharon R. Bock,CLERK & CO"PTROLLER Pgs 0571 - 578: (8pgs) ~05-0lS- AGREEMENT FOR WATER SERVICE OUTSIDE lHE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ':;;5 ~day of ~ ,2001 -" , by and between Ro~ert L ~ No! a... L G-I'A V hereinafte 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 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 rnEREFORE, 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 1 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 ofthe 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 ofithe 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 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 circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indenmify, 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 /1-11-- day of ))11 ' 2005. WITNESS: ~.:rZ~ /t&~-j ~ IJ '-- .-"L-14c~ 4' Li~' LuUE j'--"( ,4 ,{//,/d Printed Witness Name y..' " 'c. . ness Signature J. (~/J!11/ 4 fVL-z-- Printed Witness Name ~, 3 , ~~ , ~tne~~b 'i 7J() / fJ -T. c; K 1f7- Printed Owner Name )( .-T{-{/J 1711- 17, /y L-e~- 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 )( i) beft L . r; rfAY ~....d- N () L- A- T G- r o...y to me known to be the person(s) described in arid 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: F I p r",e/A. /). L. . WITNESS my hand and official seal in the County and State last aforesaid this It#-dayof /11~ ' 2005 WITNESS: ""11 :.su8AH1C6U.1N8 1 111 "' :;;.m ConInI......: : i. . Expne--: . -~ -U&VUQ . : \. 80nded lhN (800)432-42$4: . ""I',III"'\'\; Florida Nota : .~ ,.......................~.~.~.r~.~.: ~~ ~'I Notary Public (Notary Seal) CIUOYNTON BEACH, FLORIDA Kurt Bressner, City Manager (1\\t\E'(, ~f' L,0\-f1\1L1 c::,N f// 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 alJ9 in the County aforesaid to take acknowledgments, personally appeared k'u.i.f t:>~ eSSne.e ,CityManagerand J'ud/IA /J JP~k.J 0'tl'uf-~..CityClerk respectively, of the City named in the foregoing agreement and that they severally ~knowledged 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. . c+:: WITNESS my hand and official seal in the County and State last aforesaid this cO ...,- day of In ~'J- ' 200{" (Notary Seal) "'"~:"" Barbara M. Madden ,";';:'~~:::' Commission # DD125274 '. ~ ~ 1,;,: Expires July 19, 2006 ,,~:~~':'.f..~:: Bonded Thro "ilil~l~\'\'" Atlantic Bonding Co., Inc. ~~-"Z'- ~ c /h.~~ Notary Public Approved as to form: ~C1J6t r;;/~r City Attorney 5 THIS INSTRUMENT PREPARED BY: James A, Chero!, Esquire 3099 East Commercial Blvd, Suile 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF f'1 / f1-1 /~-<2IfA . ./7 /' I r.G(tJ.-Y I/We;/<h () Ih;C' L , Gz /. fJ-; oJ... No a. . , 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: vc/- ~3-- 'f-S -/9--0/ -0 09--02 II The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the / cr day of /11 11)1 Grantee. , 20D and the powers and authority shall be irrevocable by day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the '--/l7 ' in the year two thousand and ~. Sealed and delivered in the presence of /9c.fh b-Q ./ Owner Signature ~~cv-\- ;L.QR~ Printed Owner Name ~ ~ --d!-t/}ITII /I ,t1f{1: Printed Witness Name / -.- .-f:lu /21 0' L4-<-<.,: Ignature f;21~IU~ Ay 'P:?!oorJ f!.r N~' G J:: frJ ?-- ~tJ/TIL Print Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledQ.ed before me this /9~ day of {vl (~ ,20 0 S , by /2) 0 be r+ L-. G- { fA- Y and /11,,1(;. Ji r;:ro...~ . who are known to me or who have produced Plf> ririllL- D, L . , as identification and who did/did not take an oath. r....'....................................... i _SUSAN =~ ~ i ExpiIWI 31112008 E ! . IoncllICl tIvu (800)432-4254 E : ". Florida NotalY Assn,. Inc : i..... ................... ......... ........ ... . ~~~.~ NOTARY PUBLIC ~ / /" - 'M S'u.F/f IV c-ut.-l.-I. . Type or Print Name Commission No. My Commission Expi res: n,g:(~.",:,,: .....,.',. ,1/.... i/""'~:'..<,1f' ..-...., ..,.,~;... ,~. ,'<<~. -- , .~ ' ~.;. I t: ~ ;,'" C':;-;;i i:f " , :L.:,:::h '1 GC E, [;~ ': i. ;,~ ':, Ii:: !'J(l, 13ov:lt.Ol; , ;:.. ,;"" '~, I.: . " . t.. "',J'l,)jJ THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ,/!,","';-:;;',K,L./ / t -' 111~1~1~IBfflml~III_W~111 CFN 20050358287 OR BK 18726 PG 0595 RECORDED 06/10/2005 11:23:02 Palm Beach County, Florida Sharon R. Bock,CLERK & CO"PTROLLER Pgs 0595 - 602; (Bpgs) Ros -Olb AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON -c;1\ , .-' THIS AGREEMENT made on thisd~ day of fJ1 ~ ,200 L. by and between Le.or1. 0, 3'"1.r(L'~ 1r ~ (',.~~ 4, ~,,"r(e~ hereinafter edthe"Customer",andtheC1TY OF BOYNTON BEACH, a m 'cipal 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, 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 ofthe 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: I. 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 I, '-f 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 aU codes, rules and regulations 1 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 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 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. 1 L 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. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. e arties hereto have set their hands and seals this --1-- day of INDy.... IDUAL(S) AS OWNER(S): /V /, ~ Signature 19>>Yl O. 5U~z5 ~:. Printed Owner Name \ ~.{A ess Signature ,,7UIIHIf Ii fu I Printed Witness Name ' 3 1 ess Slgnatur L ea.-v (J ~"Vt.<; Si>-. Printed Witness Name ~ee~ \/uJttl/e PrY / prInted Witness Name 5L- ~e r1~ f).- ~~& S Prin ed Owner Name FOR INDIVIDUAL (S)"NOT ARIZATION: 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~ooJ o..S"...<z<.H..,JR. ~ C,NDY A. Jv;t.L-H to me known to be the person(s) described in and who executed the fore oin . trument that he/she acknowledged before me that he/she executed the same; that e individual was personally known to m r provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this t.{ Nit'! ,2005 day of r',-._r'_.{";",~"',G.>~~..<:~;.",..;~;..};-_d,~f~~J'!"..:!.;::_.~-/'-"~',,:," ',. _: (Notary Seal) :";",, . HRRI LEE PEDERSEN t:, ~'..' :'~';m~. ~Y~.'~'.'.'<' NOlb.'Y. '. .P.LJbliC - State ,of FIO. rida . :: , . ~ ~. "'1l'i11SSlO11 Expires.lan 15.2006 ';":,1_,; '< ~ mission' 00059116 ...-... <{... .'.t:-"""F\.'t',: 'iy National Notary Ar,sn, ~~I.t~-, ~ ~~~~~';"-"_,._',~'{;.:::-,",l~i~ -.~~t\_r-~~,_j Notary Public ~, LH.=-. ?c.b~^-.J WITNESS: S)/~(~~<<. ~~/_/i /ZC~ (~ rsvcc:t ~il~}[NI~;;;fH, FLORIDA Kurt Bressner, City Manager A TrEST: CA1Hf-'R-/ f\l[ LdW,q(cr/\,J ?Wf}IJf:/ El't( rl( Cl r'1 C LEtCK.. 4 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 acknowledgtnents, personally appeared k 141&1 15 f? e S SrI f(l. , City Manager and'S u...d j -fh . f / e IJ ~ ul , City Clerk respectively, of the City named in the foregoing agreement and that ey severally ac owledged 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 ;;) j- OIdayof Ih It, ,200,} Approved as 'J 7/uktJ;' A<;('r City Attorne ,"l'l'!'", Barbara M. Madden /~~':'.~~0;-:;' Commission # DD125274 ."":~,.'"'::. :.~i i",: Expires July 19.2006 ;~"~_' '~f Bonded Tbru ~~'ifmti' "ndIDgC'"In" I !if?;;;<< ~-c-- A /h J~ Notary Public (Notary Seal) S~~(, \rs"~ 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, ESQuire 3099 East Commercial Blvd, Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF j)~1Y) &~ ~ JlWe, loon O,Sv..r {DS Ji I- OJ~ ~. SiUiP[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: CD -L(3) -Lf~ - lCf -- 0 L -012 - 02~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 /neilt ' 20 Of and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the -!/- day of fY} ~ r two thousand and Ave. resence of Signature . L~0- (J~~Jes ~ Witness Na'7J. t<<J/If (!dJ! , ess Signature , 51Z-- /~ /1'1~ Owner rature . ( Q. fPrt\ ') 5Lj /15 '''''-----' /\l' \ 1../ I WLX f ._)y:' Printed Owner Name ' s Signature L ~CIL- (J '-~'2 i~s Q;;;;;;~/;Y ~j;;;;; /;j(j/ Printed Witness Name S-L- ~ ), S-) -, Owner' ture 17:~/} ~ In ~) \ ., ,,') U-VLY--- ~' Printed Owner ame STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this ~ day HAY 200~, by ~o.Sv((..H:u.. f!' INb A, S-"'~S and · ho are known to m or who have produced , as identificat~on ff~ who did4:lfd not takBanoath:-, #-12 A NOTARY PUBLIC T~I Ui f'€.V~~~ Type or Print Name CommissicDn No. "J:> 7> 05q 17 ~ My Commission Expires: .::TftroJ. 16/ 2oo~ POA.IND of --- r__ ~"~;;a...Jtl:__1"';""'/'-, (,.,.:.~~:J~:?" TERRI LEE PEOERSFf~ , <..... :.{:":.~~\.!ff:...\.~.~.c NO.tary Public - State of Florida t".- e1 d. fr.J;-, " My CommlS&Ql Expi-es..lan 15. 2000 .~ "J~:~!', ' '-of'\mission ., OD059176 r.i (.' "';,:" '.':1 8y National Notary Al;sn, I'l< '1 >'''~~ V":':!' ."._,.",~,...,.r Palm Beach County Property Appraiser Property Search System Page 1 of2 _:r'!J;~~;;JE"::\';':i!I~"B,~t' ~~pUiUlf'S Public AccflSs Sy:\tef" ~/ ~"'9 ~; ~i:;' ,,' ~ ~ ~'>> ' tl ,< < ~ II *- /,,"' J r r~~.{ <- ~!i."- f" fr \" h\ P, 1>[ Ill8 Iii"'.. 'p h~ _,. . Property Information location Address: 3511 COELEBS AVE Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-02-012-0260 Subdivision: WEST BOYNTON PLAT 2A Official Records Book: 11545 Page: 741 Sale Date: Dec-1999 legal Description: WEST BOYNTON PLAT 2A LTS 26 & 27 BLK 12 Owner Information Name: SURLES LEON 0 JR Mailing Address: 3511 COELEBS AVE BOYNTON BEACH FL 33436 2704 ~~ra',;'m,~1 Sales Information Sales Date Book/Page Dec-1999 U~4;;j7~1 Jan-1991 0671#51!J80~ Price S~lgTYQg Owner $100,000 WARRANTY DEED SURLES LEON 0 JR $10,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 1356 Acres: 0.12 Ys~COg~: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ~ ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: $92,950 ~91,217 89,079 ~}~~, Exemption Amount: $25.000 25,000 25.000 Taxable Value: $67.950 66,217 64.079 Tax Values Tax Vear: Ad Valorem: Non Ad Valorem: Total Tax: ~w'll IK&%dxraaDIIIII., "cl\ . 'iJ 1iid&"'ih,tf:fP~"d'" ,,,J NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. RE?corej S~arch I Information I Exemptions I C()mmunily I EmRlgyrnent I New Horne Buyer I Q[fI~Llli:ill:iorrs Value Adjustrnent Board I Save Our l:iome~ I Senior Corner I Disclairnel' Horne I !inks I Glossary I FAQ I Forms I ContactUs I PM'l\ ~)Lk: U- 4 http://www.co.palm-beach.f1.us/papaJaspx/web/detail_info.aspx?p _ entity=0043451902012... 5/17/2005 TOWN OF LAKE PARK, FLORIDA CODE COMPLIANCE MAGISTRATE 1IIIm 1IIIm 1I11I1I1I1IIII1 TOWN OF LAKE PARK, FLORIDA Petitioner, CFN 20050358292 OR BK 18726 PG 0635 RECORDED 06/10/2005 11:24:23 Palm Beach County, Florida Sharon R. Bock,CLERK & COftPTROLLER Pgs 0635 - 636: (2pgs) CE Case No. 05-00098 v. Thermitus Francisco 739 Date Palm Drive Lake Park, FL 3343 Respondent(s). ORDER FINDING VIOLATION THIS MATTER having come before the Code Compliance Magistrate on MARCH 3, 2005, and having heard the testimony, facts, and other evidence presented by the parties; and having been fully apprised of the circumstances, does find as follows: FINDINGS OF FACT 1, The above Respondents, are the owners or occupants of the property described as: SEE ATTACHED LEGAL DESCRIPTION and STREET ADDRESS ot 739 DATE PALM DRIVE, LAKE PARK, FL 33403. 2, An inspection ofthe property was performed by the Town on JANUARY 4,2005, and at that time, and continuing until MARCH 3,2005, the Respondent(s) did maintain physical conditions on the property as cited in the Notice of Violation, issued in this case, CONCLUSIONS OF LAW 3, The Findings of Fact support, by a preponderance of the evidence, that Respondent(s) have violated Section(s) 7-102(G) [Broken windows] of the Town of Lake Park Code of Ordinances, as charged in the Notice of Violation, COMPLIANCE 4, IT IS HEREBY ORDERED, that Respondent(s) shall comply with the above Section(s) of the Lake Park Code of Ordinances as follows: On or before MARCH 17, 2005, Respondents shall come into compliance with the above cited sections of the Town Code, Upon compliance the Respondent shall request an inspection of the property by contacting the Town's Code Compliance Administrator at the address next below, or by calling 561-845-8071, A request for inspection must be made at least 1 day(s) prior to the requested inspection, If Respondent( s) fails to comply with the requirements of this subsection, then a fine of $100.00 per day is levied, and shall continue until the Respondents come into compliance, In addition, all fines and costs become Uens on property. t5h" cti IT ISdFUhRTllHERtOh RDEREwit~ thh,atththetiReSPetOn~ents Shl~1I pay to the Town Clerk, the sum ()f .-at administrative costs of IS a on, an s a pay e same In e me s lor comp lance, 6, Should the Respondent(s) come into compliance in accordance with this Order Finding Violation, and subsequently violate the same code section(s), within a five (5) year period, such reoccurrence shall subject the Respondent(s) to an administrative fine of up to $500,00 per day for every day of violation, ''1tP DONE AND ORDERED this '2 day of MARCH, 2005, C)/ PAUL J, Copies furnished to the Parties, by HAND DELIVERY I US MAIL TOWN OF LAKE PARK, FLORIDA CODE COMPLIANCE SPECIAL MASTER CCB Case No. 05-00098 PAGE -2- LEGAL DESCRIPTION KELSEY CITY IN PB 8 PGS 15 TO 18,23,27, & 34 TO 37 INC 739 DATE PALM DR LAKE PARK, FL 33403 P\enUtM - , .0: ( ~. r" . .~ .j "'/ ~ '.~ ;~. I 111111111 III IIII IW III~ IIII U III U III TIllS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050358282 OR BK 18726 PG 0571 RECORDED 06/10/2005 11:22:07 Palm B~ach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0571 - 578; (8pgs) Ros - Ol5"" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ') , THIS AGl~:EEMENT made on this .:?5' ~day of ~ ,200 L by and between ko"ert L :- Nola.. L c;.rc;t \/ hereinafte 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 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 1 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 bave 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 scbedules 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 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records ofPahn 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 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 /1-h- day of ))11 ' 2005. WITNESS: / ~"--~ A~ - .' ......-.;-~ cL , " ~~) Witntis Signature ~ 1/ '- -;.L-l A>:. 4'" l i~' L otlt: / '..-'( ,4 ,t! tt/d Printed Witness Name D~S OWNER(S): Owner Signature ~, \ . ~ \<"uG ~~ .~, '~F--~ Printed Owner Name ~ >l.- . ness Signature ~ ,::!It/)lll1 4, f''IL-~ Printed Witness Name 3 ~~. --u , Y--1l tne~~~~ x 7J() / 11 -T." K Itf-- Printed Owner Name X ,-:n;~/J1711- 17, /r Le- 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 )( i) h~(-f L . r; r()..V a.'^ci N () t.. A- T. G- ( o...y to me known to be the person(s) described in aitd 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: F I ~ 'f~dA. (). L. . WITNESS my hand and official seal in the County and State last aforesaid this /t~daYOf /)1Ctj ,200S- (Notary Seal) WITNESS: rill : susAN ~-:~..~ 1 .1 t, . tie --..-..... . : eon... ftD^... : :. . ,...~: ~ \. 80ndecI ""' (800)432..t~S ~ "J~lllll'\'l; Florida Nota : -". '~""""""""""'~'~~'~.'~.i ~~ ~', Notary Public C1~ OF BOYNTON BEACH, HDRIDA ~ Kurt Bressner, City Manager /' /' ( (I\\nE'( I ~f' (;)r-n\(L:'7 <::::'N t.....--/ 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 a1J9 in the County aforesaid to take acknowledgments, personally appeared 1::'l,{llf IJj2 t'SSn"t"..e , City Manager and J'u.cl-f;f A Jf1~/e, x?'t/u~~..CitYOerk respectively, of the City named in the foregoing agreement and that they ~everally ~knowledged 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 ,J) "':)- day of h1 ~i-- ' 200{' (Notary Seal) "'!II, Barbara M. Madden <'>:9~-:;' Commission # DD125274 ,;..~, ".c-:.. 'i ~ i.;,: Expires July 19, 2006 ~::'-}~;P':'kl Bonded Thru ";I'-'~i;\\~\" Atlantic Bonding Co., Inc. ~-tJ.- ~. /h.~\ Notary Public Approved as to form: ~ ~~ c;/zc(er City Attorney 5 THIS INSTRUMENT PREPARED BY; James A. Cheraf, Esquire 3099 East Commercial Blvd, Suite 200 FI. lauderda/e. Fl 33308 STATE OF FLORIDA COUNTY OF /1 / /'l-1 ~J2l!~ IRREVOCABLE SPECIAL POWER OF ATTORNEY (By IndiViduals) follows: .,./...'<' , / J. 6 (t^Y /!We;"];, f,,,a L , C;; -" 1'f7 .;. Nil fI.~, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIOA, true and lawful attomey in fact for Grantee and in Grantee's name, place and stead, lor 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 Ct?- <rJ - $LS - /9-0/ -0 09-() '2 1/ 111 11 Grantee. The powers and authOrity of my attomey, THE CITY OF BOYNTON BEACH, FLORIOA, shall commence and be in full force and effect on the _ / '7 day of , 20-LS and the POwers and authOrity shall be irrevocable by day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the /C/C/t; 'it',l.(1'r ' in the year two thousand and #, Sealed and delivered in the presence of Ai t>~ ) , '-- b.-Q Owner Signature ~~2i2-\- L.GK~ Printed Owner Name r---..\ L/( lit ess Signature . ~ :/- <::1Z~/}171J 4.. J?fL~~-' Printed Witness Name j vk Ac> L~' Ignature f;;Z~tu~ /J.;/ ( '-?J () / If :::T. G~~ Printed Owner Name ^ ~fJI71L- Print Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this 19"" day of )1;1 f~ ,20 OS, by i? 0 be r+ L-. 6- { fA Y and /fIula' 7/ r;:ro...v , who are known to me or who have produced PI" Yid~ D./L. , as identification and who did/did not take an oath. r......~................................... I_~~ ~ ! ~ 31112008 : ! . IoncIed IIlIII (800)432-4254; : DI Florida Nota/Y Assn,. Inc : ~....... ................... .......... ..... .. . . ~~c~~ NOTARY PUBLIC . ~ / /' - /f ~UJ/f/V c-ut.-LI;t Type or Print Name Commission No. My Commission Expires: Palm Beach County Property Appraiser Property Search System Page 1 of2 ~"~l~f:Ql'I~:'i!Ii'I~;~I~l'f":\" 'jllPro er Apl>raiser's Public Access S'fstem ~~~,lt1}~tf1kl( ,,;;. ~., lH,,-~rt:~.vl-< ~1 1 ~ "'. .r" . 1 'J. "1 'i" ? i~ ~"" Mol ,.~l. .:: r: ~ro _ is ~~ 4~ "i ;L3"ti ~r~ i~ ;/ t ;; ~ t I (.J ~ " I -, i~' :? ~ ~'''':i',,::'~~ J;,ft~~~~ "t, ; ,L: pI i ~,L', I ! ~_...,=~:'....'..=~_"iJM~IE'iij1!i it;WJ.1<f.!itl.~14"", ~, I ~ Property Information Location Address: 3768 DORRIT AVE ",,),,~.\IMw"~ Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal Description: UNINCORPORATED 00-43-45-19-01-009-0211 WEST BOYNTON PLAT 1 04242 Page: 1281 Sale Date: May-1984 WEST BOYNTON PLAT 1 E 18.75 FT OF LT 21, LTS 22 a. 23 a. W 12.5 FT OF LT 24 BLK 9 A/K/A WOODBRIDGE UNREC LT Owner Information Name: GRAY ROBERT L a. NOLA J Mailing Address: 3768 DORRIT AVE BOYNTON BEACH FL 33436 2738 ~-,.1 Sales Information Sales Date Book/Page May-1984 04242/1281 Jan-1979 03165/0955 Price Sale Type Owner $17,500 WARRANTY DEED $55,000 NO DATA FOUND Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2567 Acres: 0.19 Use Code: 0100 Description: RESIDENTIAL Tax Year: Assessed Value: Exemption Amount: Taxable Value: * in residential properties may indicate living area. ~ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ ~.,""~"cl NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer ,.,1 ,.,,,-,,.",,, .8Dl~~"<",,, http://www.co.palm-beach.f1.uslpapa/aspx/web/detail_info.aspx?p _ entity=004345190 1 009", 5/19/2005 0~;h,+ A- Re.u~ 70: 1.."c!,;.~"rJ': (' (~' t...,~~ t."~ ~~ :.....f'.)" f:" (\t~~: C '-"t '( f ~><~, \ ' -:1. .": -3 ~.,~;<~ J ~ ~ ~ > .~:' ; t ; ), L f L(!';:i}; ~~ I , IIIIII IIIIIII MIIIIIIII II THIS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire 3099 East Commercial Blvd. Suitt: 200 Ft. Lauderdale, FL 33308 CFN 20050358276 OR BK 18726 PG 0518 RECORDED 06/10/2005 11:19:32 Palm Beach County, Florida Sharon R. Bock,CLERK & CO"PTROLLER Pgs 0518 - 525; (8pgs) R05 -D'S- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION - THIS AGR~EMENTmadeon this c9S-'-dayof J1] t:< '}- ,200 :)- , by and between ~d c; \ 1 (uH:l ~)c{ \0 r I ,1 Co Cc, r It- 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 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 Systern 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 I.g 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 ser,vice lines upon the Customer's premises. 1 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 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 orrequirements 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 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. 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 .J. 7 day of f\(J f j \ , 200~. WITNESS: INDIVIDUAL(S) AS OWNER(S): ~~~l~ W, Gv,~ ~~ )/.1>q~ Wiess Si ture 3e'f '('\/ WI _S~/14~ r5 Printed W1tness Name ~t Owner Signature ~C\~A cJ l ~J . CCi,.-1 ~ Printed Owner Name 3 _Ja~~N~~ II (~t~U Owner Signature 1(Lf''''y W. SC,/11flf' 5 Printed Witness Name ,: /, fk;L, Sa.br;t1c,- 0, Cnrl~ Printed Owner Name fJIVDfE I2 'J7{12J2PT 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 afo esaid and in the County aforesaid to take acknowledgments, personally appeared , , II &. . ( to me known to be the person(s) described in and who executed the foregoing instrument that he/sh acknowledged before me that he/she executed the same; that the individual w personally known to me r provided the following proof of identification: ClfuIIlNESS my hand and official seal in the Comly and State last aforesaid this ~ day of , 20(fj:" . . WITNESS: ...~ ;fl7<-e. cIl~F BOYNTON BEACH, FLORIDA .ff ' Kurt Bressner, City Manager iliotary Seal) "...~.. {.:' :~\ HEATHER KERN : : :*1 MY COMMISSION # DO 249825 EXPIRES: October 17 2007 IlcInded Thru NoIaIy Public underwriters ,,/ G CAtHe TTEST: ~' , '1, 1/, .. . ) "U,/ ity Clerk /J 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 KIAf.A- be't!'s<;n-eR.. ,CityManagerand ,ItA..d,'7h Il,~/-e t1't'.dk~ityClerk respectively, of the City named in the foregoing agreement and at they severally acImowledged 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 JJ S - ~y of -- fh tfl )- , 200~. (Notary Seal) "",\\;lN~t.",.. Barbara M. Madden "~~~<l3-,..c " :'<Iil' -'I. "~~ OIllllllSSlOn # DD125274 ;~\ }~~ Expires July 19, 2006 ~l''''~f\\)~~ Bonded Thru "111""",\ Atlantic Bonding CO,.lnc ~~ ~.tk~ Notary Public Approved as to form: ~Ylt / 5jzol:E City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cheraf, Esquire 3099 East Commercial Blvd, Suite 200 Fl. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF P q \fY'\ 'Se_o.c h I/We, RCtnd Ci\\ \}.) '\-- Sc{'vu r; 11 CL (). Corle-, , 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: Oo-lf~ -LfS' ,<1 -0 [- 00 2-0'27( 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 t\fri\ Grantee. 20 DS and the powers and authority shall be irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the d. 7 day of ~ prj\ , in the year two thousand and C; lie., . Sealed and delivered in the presence of ~aM;~ tv. A~~<n- Wit ss Sig ure Jet" t' V vJl SCtllJ fr' Y Printed WitneSs Name ~~~ l\,~~ Owner Signature ~c..-cl<:. \ \ w, Co....--\ f Printed Owner Name /l--iV tJe ~ 12 Jf1-~fL r Printed Witness Name ~~~ W, J~1/1/ Wit .' ss Sig1'ture Jef'~~ WI S'4:Ilr/ers Printed Witn ss Name ~fl1~/}~~/ D tal~~~ Owner Signature SCt b Ii IlCt () . C(~r/G Printed Owner Name Jltk?f? E '( STATE OF FLORIDA Type or Print Na Commission No. My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System Page 1 of2 _~I"~.'i~:::::~;~~:,lfr,(tJtd~ Ai'puiUIf'g Puhllc Acces;; SY6ten }~ !~l'?:~"~f"'~"'~A"~ !lit')' ~ ,r~, ,~":;.,/ f ~ ? r F ., ~:t"" 108,,,,;-:,,,,< ~-,:' , .. ,;",,'., ~,* + '" ~ \: 'i . <;;;'shJN.-#",>, ~ ~~~ ~UiM"", "'" '";; l <:';;"Ay:<;w;.:y:.:t\C "" Property Information jq() location Address: r COELEBS AVE l-jjjj@:~;;'t'B~jiti&;;.il Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-01-002-0271 Subdivision: WEST BOYNTON PLAT 1 Official Records Book: 05862 Page: 1655 Sale Date: Oct-1988 legal Descriptioo: WEST BOYNTON PLAT 1 L T 27 (LESS E 8 FT), L TS 28, 29 & E 13 FT OF LT 30 BLK 2 A/K/A AVONDALE PINES UNREC Owner Information Name: CARLE RANDALL W & SAQRINA 0 LMVkw;Al,tUIM~'''k "'1.1 Mailing Address: 3903 COELEBS AVE BOYNTON BEACH FL 33436 2706 Sales Information Sales Date Book/Page Price Sj1J~'I'iPe Owner Oct-1988 Q~86211655 $69,000 WARRANTY DEED Jan-1988 05561/0601 $100 WARRANTY DEED Dec-1987 05519LOJi39 $100 CERT OF TITLE Iw.".~, ..h,J Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2297 Acres: 0.18 USe {,:-.9de: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2004 20.03 2002 Assessed Value: 95,047 $93,275 91,089 L~re~ Exemption Amount: 25 000 $25,000 25.000 '> '....'RY.[ Taxable Value: 70 047 $68,275 66.089 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: L.!!I-~~~AAkI L}_"""",,~~w... ; .,1 lJa~.~r:si'dJ LJ~~l!f!~~ NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to p. rint the ./J ~~T\ http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=004345190 1 002... 5/19/2005 RerOJn to: " <" 1""-"' -" ' ("'1r.~~ n.1') "'....,.~,. ''',~ ."'-, r ......., 1- '. "",, ..,., X" .: ' : ~.,,'~ ~ ~..." "~ C',; ~~; '.J J......,..., :' '>' ~f.~ ~~.: ;""(~ f';: :'3 ~ '; ~ ~" !:' ~ '; :: ; "", , , _ IY,)!)' ~'~ ;., , . , 111111011111111_1111111 THIS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 eRN 20050358271 OR BK 18726 PG 0486 RECORDED 06/10/2005 11:18:24 Palm Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER PUB 048~- 493; (~gB) t'\05 -Ol~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ..-.- THIS AGREEMENT made on this day of . ,200 ,byandbetween ;jCJ~(W CIlL\Ie:k' ~1tuL:- hereinafter called the "Customer", and the CITY OF OYNTON BEACH, a mUnIcIpal corporatIOn of the State of Flonda, heremafter 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 I :: 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 seryice lines upon the Customer's premises. 1 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 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 orrequirements 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. 1 L 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. 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 ;1'\Ar ,200I. 3etttr\'! P,'t("" \ Printed Owner Name ---- fJ, )/)t;UljJ' LI/ Printed Witness Name 3 '\,' 7,' /-' -'" I; ,) .., ~/ . ."", \,:' S#' It &k {/ /,,-.e . ""- If. . 1 l-/L , Owner SIgnature. \JiL/tt/t~ 17J1/ / Printed Owner Name I'l, / ;~' , ~~;t/t-IV) ~.'<"'~"', ~. ..(~ \.. <__, Witness Signature Printed Witness Name r) \. . l f.."- (\, "::-"C" U) '. \~ \ .J.. _ .t'\. '" . - \ WItness SIgnature \-:1) t \ '--:0 \1\'2 II Printed Witness Name FOR INDIVIDUAL (S)NOT ARlZATION: STATE OF FLORIDA ) ) ss: COUNTY OF'~) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afore' and in the ounty afo said to take acknowledgments, personally appeared ~ to me known to be the person(s) descri d 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: ~SS my. hand and official seal in the County and State last aforesaid this --11- day of ~ ,2005' (Notary Seal) ,,~~V WJ",,- Dehomh 10 flrccblll8lJa rs.r. .~('llmmkUm # DD09IJ2"rI ~A 1~-1!J:piI!S IIIm:h 10. 2006 ~~'....~.: BoJldecl - "f'OFf'..\J~" ...... k-OM~~Rm'A.'-co.,",- Kurt Bressner, City Manager WITNESS: ~~ / '-- // / \._~-- Cf\\t-\ EK 110;:- (..Dr{ f\ HD rJ ATTEST: , ] I .' e,,) 2 ( delL t;{/ Ii ~ M~~/City Clerk v 4 ST ATE 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 Count~ aforesaid to take acknowledJPllent~,. personally ~ppeared Kurt l?reJfheCCltyManagerand ::la-net- ('rJ:l1Illt1-0 , CttyClerk 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 thisC;;;t,#. day of ,M ~t ,20af' (Notary Seal) ri)3USAN cOLi.iNS...........! _ ComnlI DD02I5ClI6 i ExpiIW 3/112008 : . . Bonded lhru (800)432~2S4i :. Florida Notary Assn.. Inc : I... .......................... .... .... .... ...1 ~~, ~~ Notary Public Approved as to form: \QiR\(L qzc(os- City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cheraf, Esquire 3099 East Commercial Blvd, Suite 200 Ft. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF A TIORNEY (By Individuals) STATE OF FLORIDA COUNTYOF~ I/We, , hereinafter "Grantee", hereby make, constitute, and ppoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: 00- Lf3--l/S""-IC(- OL- 0/2- o2~0 IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of , in the year two thousand and ~ Sealed and delivered in the presence of (J~cet/\lJ ~'.~.A Printed Owner ame 10 ~rI A. f1 tA-tl rJ ({j ~nted Witness Name /; i, ._A" t i l..ll1'1V:'i' / "..J.).....- /:. .....~....-"""-~) " \.: '<...' . /', . ' ( ! ! (j / //) I ,'1Jtlc IW("(-:l{ C(: O'6R<er Signature _ , 7it/!eilc-lit/ / .". , Printed Owner Name Witness Signature ;r'~ ~) /-1 '. lc 1 ).'~.., ,j :",. ,.... [ /,1/ Printed Witness Name .,~...... '1 } ."'"' -,I !,' ~'" \~ .', - /' "'~ ;~ Witness Signature ' , \ .... r pri~~~) li~ess INa~e' /' (I \ \) STATE OF FLORIDA ) ) ss: COUNTY OF ~ ) HE FOREGOING INSTRUMENT w'll\,.llcknowledgp,d)>ef9re me this /8 day , 200S-: by J c{l U1t-'j. t1 &d.- and ~ I , who are known to me or who have produced , as identifi ati n and who . di t take an oath. My Commission Expires: 3-10""'olp POA.IND ~YPUBL ,--- _J I Jt.rJI \ ~d C!/)I '" ~ //7J ype or Pnnt Na~ Commission No.' cd- If ,.)'~VWl", Deborah 10 FacchiDello tm~ \CnmmkqQIJ. # DD090277 g5 ~iExpires Marth 10,2006 ~~ \€$ BoDded 1bru 'r.:"p,~,tr""" Atlantic Bonding Co.. IDe, Palm Beach County Property Appraiser Property Search System Page 1 of2 _~~.,~-;;:r!::;'t,"" J?'J~I~(rioc A!(Iflraiur's Public AcreSi'; Sy&!en f~"l';~*":::~h~ ""; ! f/ '"' / ~~ r '" r ,- y ~ y [ , ~~J!&., ,,4 Property Information location Address: 3535 COELEBS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: l..egall),escriptiQn: UNINCORPORATED 00-43-45-19-02-012-0280 WEST BOYNTON PLAT 2A 16053 Page: 660 Sale Date: Oct-2003 WEST BOYNTON PLAT 2A LTS 28 TO 31 INC &. E 6 FT OF LT 32 BLK 12 A/K/A AVONDALE PINES UNREC LT 93 Owner Information Name: PIKUL JULIETTE J &. I "'''MdJ&Qrmers~ '::1!iJ Mailing Address: 3535 COELEBS AVE BOYNTON BEACH FL 33436 2704 Sales Information Sales Date Bookl Page Oct-2003 .1Q95.31J:i60 Sep-2001 12940/49Q Nov-1995 Q901JI;!.206 Exemptions Price SjlleTypg Owner $189,500 WARRANTY DEED PIKUL JULIETTE J &. $147,000 WARRANTY DEED HARDY GREGORY &. $101,500 WARRANTY DEED Year of Exemption: 2005 Regular Homestead $25,000 Total: $25,000 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: l}sec:;od~: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 2090 Acres: 0.25 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~j~1 L TalSa1iVlttot I "i,D_ ..:v: " r. ~- -f~->:"""..Ga L-l&cm!U&iS!~~J L.tf~!3~+.J NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the Ex/~:b; I 4- http://www.co.palm-beach.fl.us/papaJaspx/web/detail_ info.aspx?p _ entity=0043451902012". 5/19/2005 .-,- -c', I ..: '~ .~ L {:;" ,----" ~, ~,l/If} j;,' lfflc8 1,-,1; "thn r;i-rv C'l,.~'/.'I" ".I .'. 'j(1 of 8.OJjn({1[l Re8(~ l~). 0.. BI-jj "j -i (j i'~ ; ft f: r II ~I[ II l:t II III Ii ilf II III 11111111111111/ , . ;::0r1;1~ TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire --3099 East Commercial Blvd. - .::Suite 200 ,Ft. Lauderdale, FL 33308 :rt,2~ Cf' I,J ,J ~Ii,~ ,::1 H :T7 B UF: II ,:,'/21:> PI; (.1'3'39 REef; ;/1);: iIE;.. Iii) I :2~H~5 11:: 33: 10 Pa~dl f3:,3:~' Cc,l.mt",. Florida Shal )1 i1. BCI,::k. CLERK & COMPTROLLER PqR ~g;g J~~6; (8pgs) ,- / r -" \-'" R.D 5-0 IS' AGREEMENT FOR WATER SERVICE OUTSlDE THE OTY UMITS AND COVENANT FOR ANNEXATION TmS AGREEMEtfT made on this I s1 day of Ja. N~ ::_, 200~, by and between (IIi ~e1e. Locl.if1o ~ (,cline D;cl.tvfo hereinaftercalledtheICustomer",andtheOTY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". \. .~ WHEREAS, Customer owns real property outside of the jurisdictional1imits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton B€;ach, 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 jurisdictional1imits on annexation of the properl y t< I be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege ()f 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 servic€ 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 1..K 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 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 :rrt~de 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 ofPahn 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 tennination 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 tennination 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, 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. '-~ WITNESS WHEREOF;!Ee parties hereto have set their hands and seals this ~'ltaayof LA:'7~ ,200S. WITNESS: ,:::~~ ~LDIzq~ AS OWNER(S): Ow~r Signature joe Sc.J-r lftJJkJ('rlj~;!' Printed Witness Name ~~~~ (!('I'L nv e..- L _0 Cult... Tl:) Printed Owner Name Witness Signature .. J" Ii .(-1" /V c()L l-rvJ" Printed Witness Name 3 i Ll--".A~ ~ lJ~~~ , Ow~er Signature itness Si.gnature . 1'f11"?r" Je.t C !!:JCh ()e,{/ bG-. ) l ; MJ~ ~ ~~ !.(>C,ui~ Printed Witness Name ~4-'-- t:au ", Witness Signature ... c)C/J"A# CO{{,.. /A./F f~' ....L.. !-8Cuu..-u Printed Witness Name hll L ~.E'.LL" I () CJcJ n..;rb 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 aforesa,id and in the County afo~esaid to. take acknowledgments, personally appeared J4t,c;h ~ / e ds<~.1' C ~ //R e. Lo C...-ljL --f-c:;, 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 ;gas personally known to me or provided the following proof of identification: F I 01"1 d <L. .<-€ t/ e /L ~ L { Lt:' A.J S c::..... . ~TNESS my hand and of!"~al seal in the County and State last aforesaid this ~.,...- , 200~ (Notary Seal) NOTARY PVBUC.STATE OF FLORIDA ~ Judith A. Pyle Commission # D0421091 Expires: APR. 21, 2009 ~!d 11lru Atlande Bondlnr Co.. Inc. ~ldayof Ct\\K F~ \ ~\f L'\Jn ^ t:101\.\ U=.EACH. FLORIDA Kurt Bressner, City Manager /1 ~A~1 A''- /'4. jtc.--Kd~" ATTEST: ~tn. 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 and in the County aforesaid to take acknowledgments, personally appeared KUrt J3res~~.er ,CityManagerand Jti..\'\e..t- PrA.Il\.; +" , 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 /s f day of 5~NE. ,200,( (Notary Seal) ~=~I I ,. _ ExplnJI3I112OO8 : ! _ "':'::.,:,,~=~i ,...............................,. II.. .... ....a ~A UlJ{~' J Notary Public ~ovm. ~ tco~ # ~ ~ ~f~/oS- ~-{, City Attorney 5 Palm Beach County Property Appraiser Property Search System Page I of2 Property Information location Address: 3918 EDGAR AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: l.egClJOescription: UNINCORPORATED 00-43-45-19-01-005-0141 WEST BOYNTON PLAT 1 16522 Page: 1263 Sale Date: Feb-2004 WEST BOYNTON PLAT 1 E 3 FT OF LT 14, LTS 15, 16, 17,31,32 8r. E 3 FT OF LT 33 BLK 5 A/K/A LT 78 WOODBRIDGE Owner Information Name: LOCURTO MICHELE 8r. Mailing Address: 3918 EDGAR AVE BOYNTON BEACH FL 33436 2728 Sales Information Sales Date Book/Page Feb-2004 1652211263 Aug-1999U.31.810048 Jan-198003363/0364 PriceSClleType Owner $235,000 WARRANTY DEED LOCURTO MICHELE 8r. $100 WARRANTY DEED KILE CHARYSSE TR DEC OF $23,000 CONDOMINUM Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use Code: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 2230 Acres: 0.30 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: r.-.J ~ ~~h>>1 ~~ ~-.."I ["""""~'"~.~,,.,,l NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=004345190 1 005... 5/26/2005 ~ ' . THIS INSTRUMENT PREPARED BY: James A. Cherot, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Po-l m fS~ f I/We, --'l1, J'\e.le LoC.l.u.{ 0 ; Ct:. (m -e Loc.Ltrtq 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: co -If 3 -l(~ -/1-0 I - () () 5 - () ) cf I The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ h-- day of fit Ct..f . 20~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the U. day of In ~ ' in the year two thousand and d../n.) .b -:- Sealed and delivered in the presence of ~ teL~~ W' Jt~e~as~o e;Jt~f(,'~'t'r ~~ I~ (oc J;<(,7D prin~ Witness N~ ~t:lt^- . ~ Witness Signature J {/ Jh/V ( 0 l- t. I AI J l~Lnv ~ Lc (,OI'TC1 Printed Witness Name /VI / C k~ Le.. l () Cu 1L--rC:> Printed Owner Name .") :L~~f.~~ ~10 c, S { ~ e-kJ k:.(, ~ er Printed Witness Name ~~~~-/ Witness Signature '. t!..~ 1. ~ L D C-c.r 12. ~ Printed Owner Name ,-f VI Ai;' C 0 (. (.. r ,.1./ J Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was ac~nowledged before me this 2..f2ii, day of. Yk~<--<- / , 20 c S-- ,by 111, c-/r t! / <- l--~.:) 04 1C!z, and Lc'I/A>'e. JcaK'IP . who are known to me ~r have produced FI'n"'~ fJ-<""'K ~ L.U~~L. as identifica. n nd who did did n ake an oath. <-d- . .-l ,-. . NOTARY PUBUC.STATE OF FLOIUDA ' ~ Judith A. Pyle Y PUBLIC Conunission # DD421091 Expires: API. 21. 2009 Type or Print Name Bonded Thru Atlantic Bondlnl Ce., Inc. Commission No. My Commission Expires: , ., Office of the City Clerk &~I.l 70 ' City of Boynton Beach /'- P. O. Box 310 ~yntoo Beach Florida 33425 THIS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 11~lIlllllllnIIIIIIIIIIIW~111111 CFN 20050358379 OR BK 18726 PG 1007 RECORDED 06/10/2005 11:33:10 Palm Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER Pqs 1007 - 1014; (8pgs) RD5-01S" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION . THIS AGREEMENT mad~ on this if . day of Jt<. 11 LE- , 200 ~ , by and between ~ Jtte, x-1z;'~E 6'(' ,p uelnl Ie hereinafter called the "Customer", and the OTY OF BOYNTON BEACH, a municipal corpora ion 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, 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: (Exlubit A) 2. The Customer and the City hereby agree that there are -.LX 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 All such lines shall be approved by the Director of Utilities :~md 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 :rrt~de 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 ofPahn 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 tennination 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 tennination 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, 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. "-~ WITNESS WHEREO~)be parties hereto have set their hands and seals this ;? nay of 104-i'V , 200~. :f WITNESS: ~.~ (~A~ OWNER(S): ./77~ ?-- ~ Owner Signatu~ ~a(.k/~ ft<. A~-et~ Witness Signature bae bu ,,-~t< rn. m t<.JJ I" VI Printed Witness Name 6 i!Y .L6;,{E ~ -- /?? ~p';Y,/?E /1/ Printed Owner Name C0rU?(O~ Witness Signature C-=f\IHf t:t N~ lA~v-U\ CTorV Printed Witness Name 3 /' u/J-UtlJVLfl h. Ih a.lk Witness Signature (51<. f' bc.<ii:"'.:r n. rrl t{ J cI-f '"1 Printed Witness Name [Mlliflttj;:u Owner Signature lJtlJr ~ llrl ~ /11 It tV Printed Owner Name -\ (vr~(, .c1......... ( /~ \,L 'L?::ct (\h' Witness Signature (A-t"l-f f~t:J rJ c [;'J-f f\.yZ ToN 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 (;&Jt6[ JlfCIJ/iY/f 21E t:uc/ )JE6,i!14 /1tc/,A/7~L'L'. 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: FLtJi://JA tJ.oI/F/~. LICc:,{/s c. . . ~TNESS my hand and o~al seal in the County and State last aforesaid this ~ 7c#~ay of / L,-zr ,2005 (Notary Seal) ~ rL1/t NOTARY PUBUC.STA!E OF FLORIDA ,(~/ U ~ Judith A. Pyle ' Commission #D0421091 I Expires: APR. 21, 2009 Bonded Thru Atlantic Hondinl C.., laC. WITNESS: r itll-1Ct<-1 N~ ee) 1--1 A F=-'; eN ~~NBEACH. HDRIDA Kurt Bressner, City Manager ~~U- /h. /k ahL~'k ATTEST: ~1n.~ 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 and in the County aforesaid to take acknowledgmen!s, personally appeared /< () ,. I- I3r e .f j' he r , City Manager and fa. n e f flr a.. ; h I to , 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 Isf day of JI..{NG ,20O::f (Notary Seal) ~""''''HH''''''''''''''' SUSAN COLLINS : ;jf!~ c:omrn. DOO29508S : :wn."" _ ExpiIw 3/112008 : ! &'01/1 Bonded thru (800)432-4254! : ,J~f.~\\"~ Florida Notary Assn.. Inc : as to form: i.............................................1 ~iWC ~:J Notary Public ~ City Attorney 5 Palm Beach County Property Appraiser Property Search System " Page 1 of2 _,!,;r.,:")'r.>. "fUp:tfd~ ~~ptalntt$ Public Access SYRIen ~;YW0:~ ~ !~ ':- .,. ~:..-~ ",-if J >1>/)'; f r r L f' l r ..~~q... ~~~kEJ *~^"~ y. Property Information 3~26 location Address: -a&:M COElEBS AVE Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-01-008-0070 Subdivision: WEST BOYNTON PLAT 1 Official Records Book: 12118 Page: 1661 Sale Date: Oct-2000 J,..gg~IDescripti<:m: WEST BOYNTON PLAT 1 lTS 7, 8 & 9 BlK 8 Owner Information Name: MCINTYRE GEORGE A III & l ..AlLOWnemW'1flVI :':iM'~"""X:'" '''y'''' -. ...... Mailing Address: 3826 COElEBS AVE BOYNTON BEACH Fl 33436 2707 Sales Information Sales Date Book/ Page Oct-2000 12118/1661 Jun-1993 079~4j:1892 Jun-1992 072741Ql,!;lS Price Sale Type 1"'M"1iAll~ ""'''&01 Owner $125,000 WARRANTY DEED MCINTYRE GEORGE A III & $87,800 WARRANTY DEED $91,500 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: $103,169 $101 245 98.872 l0&a~...' Exemption Amount: $25,000 $25 000 25.000 Taxable Value: $78,169 $76 245 73.872 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Uset.Q.c1e: 0100 A d dT Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2004 Number of Units: 1 *Total Square Feet: 1835 Acres: 0.17 Description: RESIDENTIAL * in residential properties may Indicate living area. bl V I ~W~m~j@l' 'iifM~_..1 1!!*WW*M8ll~4ijJiBbl NOTE: Lower the top and bottom margins to 0.25 on Flle->Page Setup menu option In the browser to print the detail on one page. http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=004345190 1008... 4/28/2005 THIS INSTRUMENT PREPARED BY: James A, Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ?o--lV\1~~ I I/We, Gr"vr'f 4 'W':I411'f':1iL fDJ,r~.... A. M ~-I-'{e. 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: OJ,- l./i -'-IS -/9 - of - 00>5 - CJ:j 70 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 All ar ' 20,tL and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~7Y-tc day of '--;/2...;;___ . in the year two thousand an+~. <' ~ Sealed and delivered in the presence of ~ ~ J;tu kz.-c<- h, . ht (2_-&4/(_ < ~ ~ Witness Signature Owner Signature 6t<.e bed? (-<- Yh. rrl~{{lrI 'f1 " Printed Witness Name ~ _//,/ C!?tJ~6e. 14 I41L~;V'T,/j?~ Printed Owner Name ('Ift(l,(~ 0 ^C(;) Witness Signature C~\H.f-~f'I~E {J )(,-{IJ. r2Io I\J Printed Witness Name (l~ d ~ //j ? it ;: /1) -;-~ Owner Signature /' /. i, _ i/2. '---p--.a. { _€t-tlL tJL ,~, r I/L tL4tt (."...... Witness Signature " {:;I(~b(.(o.a (17. /haJcir-i'1 Printed Witness Name 7)~1J I~ A- fY/(! / ~1./-tt Fe - Printed Owner Name ' CAC}(~~ Witness Signature L'IX\YfE (' I~[ L-GH Aic7o,J Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) T E FOREGOING INSTRUMENT was acknowledged before me this ;?fWf day -, by ae.vLtbE ;1tc..z:A/rf.L!L and c e-, who are known to me or who have produced F!IPrull/ .tl.-tt've..!-.S- ce..os- e , as identific 'on and did/did not take an oath. NOTARY PUBUC.STA!E OF FLORIDA ~ Judith A, Pyle Commission #DD421091 Expires: APR. 21, 2009 Bonded 1brU Atlandc Bonding Co., I~ N Type or Print Name Commission No. My Commission Expires: ;J ....-- . Office 0" the f,ity C!e6, jGE/'v,ep It), City of Boynt{)!1 Beach P. O. B'l1 310 Boynton Beaf;h, Florida 334Z.S THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 1111111 11111 11m IIIII1I1III1III CFN 20050358380 OR BK 18726 PG 1015 RECORDED 06/10/2005 11:33:10 Palm Beach County, Florida Sharon R. Bock,_CLERK & COlfPTROLLER Pgs 1015 - 1028; (14pgs) ~05-015' AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY UMITS AND COVENANT FOR ANNEXATION ~iftr G-c-fely. TffiSAGREEMENTmadeonthis jj.t day of :rUNt=... ,2005"" ,byandbetween c.lt-c,rles ~t@~; 77o~cl ((~e..y; TwJy i2u"t1~e~hereinaftercalledthe "Customer", and the CITY OF B YNTON BEACH, a municipal corporalion of the State of Flonda, heremafter 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, Horida 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 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 orrequirements 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. 1 L 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. 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 -3 day of (Y'CAi ' 2005. WITNESS: r~'L~ Witness Signature .::> INDNIDUAL(S) AS OWNER(S): - . (' /l J1 11 c;9~ 11&. tiw"n~itle ~~\\~ S~uc1 ~sl~~~ i~ Signature L1lcj}/~ d ~/'Y-h Printed Witness Name 0e()()I~e( (be{ k~ Printed 0 r Name 3 ) ) .ss: COUNTY OF~. . ) ~/JCJ~(/~l I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforrspid and 'n County aforesaid to take acknowledgments, personally appeared 1 L-t!J <I, to me known to be the person(s) described in and who ecuted the foregoing instrument that he/she acknowledged before me that he/she executed the same;~ the individUj was personally known to me or provided the following proof of identification: Ln.l>.c..v l"\ . . - ~ (( . day of BEACH, FLORIDA _:f:.l.3a'J;Z'.~'~ ~w.'1:.....tIt"IIIII:I~ ~,:...'iIa...). "1...'__ln.lF.'liTIm~_~ Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (SYNOT ARIZATION: S1 A TE OF FLORIDA- WITNESS my hand and official seal in the County and State last aforesaid this M4-f ,200~ (Notary Seal) >y' ...~~ L~flY L Dillahunty ..' ""~ ~ eommiSSion 00225818 ~ ~June24.2OO1 WITNESS: C A.-rl'lz;C, ~E: ~ A.€ rw ktu~ fit - /l(,,~~ ATTEST: ~. ~ m. '. Clty Clerk 4 I 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 orrequirements 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 j ~ day of ~~ ,2ooI -& INDNIDaS) AS OWNER(S): ~Signa~ Ju \:)1 rJ1~sey Printed Owner Name ' 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (SYNOT ARIZATION:' i. 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 ::ru.d~ ~Se....~ to me. known to be the person(s) described in and who execuled the foregomg mstrument 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: N / A . . . q~ WITNESS my hand and official seal in the County and State last aforesaid this - day of (NoWy ~: f ~.. mfl::.AA\ .~!f.l ~ I CHERYL DENISE MCt;l(tW .' INOTARYPUBLICSTATEoFFLORIDA I ; COMMISSION NO. DD038831 I ~f(~MlA1SS10N EXP. Jun ;",,2005 1 WITNESS: (') 1\1 11 EIC \ Nt' v..J \-11\ (Z7c)rJ cr~F BOYNTON BEACH. FLORIDA ~ Kurt Bressner, City Manager ~Au..h~-t_L. It....... hc~Ltv... ATTEST: ~m.~ City Clerk 4 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 ;C. v(?.'{ trey JHe/C, CityManagerandT~t\ef pr~ln/fj) , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence oftwo 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 l.rt day of J UIV~ ,200~ (Notary Seal) ~HC4~ ~~'I Notary Public 8U8AN COU'NS........u.! _ eornm. DD0285OI5 : . . Expi,. 3/112008 i ~0I1\.~ Bonded Ihru (800)432-4254: i ;,,,,,,,,,,,, Ftorida Notary A~mn I I'" : Approved as to form: ..................................DtI.;;.-~,:~..: ~(L 5HO~ ~ City Attorney 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 _If)j%~~~;:~>~ it~~ -\ 'pro-'lertv Appraiser's PL tile A':cess S ~&terrl I~ t. ",H"\",,,'H lH ~".,. ~ ." ~ I, i ~.... .......",,- r ' ..- ....... ,.. .....'r!: _its'; J .. r-' ..... "".. r _ __ -_ ~ u l~ I', ;!t,I'; , . ".' ,. . . ~~I'_&>1 i;,,~. ~" Property Information Location Address: 3816 ALADDIN AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal Dgscription: I...-~~ UNINCORPORATED 00-43-45-19-01-006-0111 WEST BOYNTON PLAT 1 14737 Page: 1293 Sale Date: Jan-2003 WEST BOYNTON PLAT 1 LT 11 (LESS W 7 FT), LTS 12 a. 13 a. W 14 FT OF LT 14 BLK 6 A/K/A AVONDALE PINES UNREC Owner Information Name: GATELY CHARLES a. ~"..,I Mailing Address: 3816 ALLADIN AVE BOYNTON BEACH FL 33436 2746 Sales Information Sales Date Book/Page Jan-2003 14737/1293 Jan-2000 11595/1433 Mar-1981 03481/0182 Price Salf! Type ~'">v",,,,1 Owner $65,000 WARRANTY DEED GATELY CHARLES a. $109,000 WARRANTY DEED GATELY CHARLES a. JENNIFER $66,900 WARRANTY DEED [Exemptions Exemption Information Unavailable, Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 1760 Acres: 0.19 Description: RESIDENTIAL * in r_idential propel"ties may indic:8te living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ ~ ~r__;J ~cll>,""~~"~,,.,1 NOTE: Lower the top and bottom margins to 0.25 on File->Pilge Setup menu option in the browser to print the detail on one page. Record Search I Information I Exemptions I Community I Employment I NewHomemEluyer I Office Loclltions http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=004345190 1 006... 5/24/2005 8d~ II- THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Fl. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF BJIM &'4:-h, I/We, , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOY TON 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: (X)-4/~ -Lf~ ~ 11-01 - ooG - 0 III The powers and authority of my attorney, 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 3rd day of M~ . in the year two thousand and +I'V e..- Sealed and delivered in the presence of tv\". \~~ Sh~c'i rinted Witness Name red . _I. .-4..1'1 )ta lj,li"~ 04i\ ~ ' ner Slg ture Uel'11l1 ~'i' ("" ~ teic3 Printed Owner Name tness Signature '" ~JicJ;e 1-1 J~I '1-1: Printed Witness Name ODdQ ~ Owner Signature . ~l~~ C-c-~~, Printed Owner Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) MHE FOREGOING INSTRUMENT was ackpowledged before me this 3rd day of R-'-J ,20 D5. by ..:fenr\-lkC and Cha.rles 6a1-~ and 1 , ho are known to me or who have pr6duced N/~..~_.. ,as ident' lcation and wh did/?id n~take~oath. \----..VfFlClAL NOlAl'Cl' ::.tAL n I ~ CHERYL DENISE MCGREW V 'J:;=E~E~~:~; ~~~/~"se lV1~rew 0----.-. ~~~~i~~:~t:m~Do38g31 My Commission Expires: 1-~I-Db POA.IND _;::(;lII=...'l:.l.....'.;... ~~,I:..AtI'....AI.J:iI~ .....;.~,iEIi.I.]. ..11I..'__ln.~i111'i'i~_. I I i I ~~ IN WITNESS WHEREOF. we have hereunto set our hands and seals the ~ i (. . I day of N1 ~ ' In the year two thousa ad and O~ Sealed and livered in the presence of i ' J -,- ~ i ~ I Vi<- I I I; .1 ; I; I I: I I; I I: I, ! Owner Signature LJA my ;.J. DI LL ~A./-,..y Printed Witness Name Printed Owner Name Witness Signature STATE OF FL~I~ COUNTY OF PAU ) ) S5: ) ~ efore me this -1L day and have produced not take an oath. Printed Witness Name of "P a\. Larry L. O~lahunty !"J . My Commission 00225918 ''!''J Expires June 24,2007 My Commission Expires: POA.IND IN WITNESS WHEREOF, we have hereunto set our hands and seals the q ~ day of a1 ""t ' in the year two thousand and _.g ~ '" Sealed and delivered in the presence of f).~e cIf~ JUb,! If~sey Printed Owner Name I Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA of My Commission Expires: 7 ~ 1- 0 S POA.JND l}.f'.ci,,-ii\L .i.\....)' 1..-\1\.1 ....,..i........., CHERYL DENISE MCGREV' !\JOTARY PU 131.. i.C STATE OF FLORIDA I COVi:,ilSSiON NO. DD0388?; Vi' '.)\:iMlSSIO:'" En lCJ '. ,~J.J?_ ....,.__.~_.-..-___...._".~. _......... _.a Offite of the City Clerk // _ City of Boynton Beach ~te-IV' ;;: P. O. Box 310 Boynton Beach, Florida 334~ TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Connnercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 1IIIIIIIIIIIIIIIum IIIII_III~ III lUll CFN 20050358381 OR BK 18726 PG 1029 RECORDED 06/10/2005 11:33:10 Palm Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER Pgs 1029 - 1036; (8pgsl R05 -010 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY UMITS AND COVENANT FOR ANNEXATION ;rIDS AGREEMENT made on this / s t day of "0 iA- Vl e.. ,200 S ,by and between J.... p ,~ fJ...-e of ~ J; (l fA l'\. e hereinafter called the "Customer", and the CITY OF BOYNTON BEA H, a municIpal corporation of the State of Flonda, heremafter 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, 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 II 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 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 exc1usively 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 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 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. 1 L 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. 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 ~ ,200~. - I INDIVIDUAL(S AS OWNER(S): 'l a I I 1 (..)5 Printed Witness Name ~,/~ Witness Signature Igna ~-~ OS'Pt(JANc- Printed Owner Name ---r€Re-SA A~ ~{K Printed Witness Name 3 ~_ 111'_ '.' \ .r~ Ower S atu e ~~~~ Printed Owner Name ~/>'l' C-<... Ii;> fh If ('1'21 ') Printed Witness Name ~G;rr WI ness SIgnature ~4.->a ,4-. :tAfIt~ Printed Witness Name FOR INDIVIDUAL (S}NOT ARIZATION: 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 in t~e Cou . fO{esaid Ato , t~e acknowledgments, personally appe?Ted ')\LA...~ 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: -13. f(U ~ 'l)~ L.. WITNESS my hand and official seal in the County and State last aforesaid this tVl~ :L(~ . 2005 (Notary Seal) ~/f1_ - ~ ~~ Notary Public State of Florida f=r-W. Florence R Davis (~: My C_ 00389365 - otary Public Ol'....df Expires 01/24/2009 day of WITNESS: CAl HER I rJ~' lAJH ~ R7 o~1 CJl.:F BOYNTON BEACH, FLORIDA (ft~~ Kurt Bressner, City Man~ger ~~~'~C4-A, ./~~ ATTEST: ~m.~ City\ Clerk 4 ) 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 Ie:. (,{{<: { 8/u! J..rAl E K, City Manager and J a tlef P r a..i Ifil TO, City Oerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscnbing 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 i Jt day of :JLLne , 2oo~- (Notary Seal) r-M.....SUSAN~.:: I : (8~~ CoINnlJD~ :.?~ EllllRI W200I 5 \~'O'~ 80ncled lIlI\I (1OO)432-4S4i : ~",flf.~,\+~ Florida NoCary Assn., Inc : i. ... ..... ... ......... ..... ... .... ...........1 <~~fi~~U-J Notary Public ~v". ~ t~o form: 'bJJ.I>J Gl City Attorney 6/2~/O~ ~5C 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 location Address: 3560 ALADDIN AVE Il'A_\llmlt,~,<,._' Municipality: Parcel Control Number: Subdivision: Official Records Book: l,..eq~J Description: UNINCORPORATED 00-43-45-19-02-011-0131 WEST BOYNTON PLAT 2A 18117 Page: 1356 Sale Date: Jan-2005 WEST BOYNTON PL 2A L T 13 (LESS W 6 FT), L TS 14, 15 & W 9 FT OF LT 16 BLK 11 AIKIA AVONDALE PINES UNREC Owner Information Name: SPILLANE HEATHER P Mailing Address: 3650 ALADDIN AVE BOYNTON BEACH FL 33436 2750 Sales Information Sales Date Bookl Page Jan-2005 laQ3~114~Q Jan-2005 181lZ1~3~G Aug-1997 Q2968/104Z Price Sale Type Owner ~>l_~'~&@4.",~1 $0 QUIT CLAIM SPILLANE HEATHER P $0 QUIT CLAIM SPILLANE HEATHER P $86,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 1819 Acres: 0.18 1...I~~J~m~_qde: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: $103.369 82 713 80,774 1._...' Exemption Amount: $25.000 25 000 25,000 Taxable Value: $78.369 57 713 55,774 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: l ,..~io~jUt.D,. J 8i'1i0" ,._,~&.,w;;,_\d~ ~ , r<>Ah NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the, Cj-h-\,~t ,+. http://www.co.palm-beach.f1.us/papaJaspx/web/detail_info.aspx?p _ entity=0043451902011... 5/2612005 THIS INSTRUMENT PREPARED BY: James A. Cheraf, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF P/t-L-ltf) l~8A(.{f INle, _&~~Z ~lLl4-^JC , 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 ann~xation by any available means. The real property which is the subject of this power is described as follows: 00 _ d3 - L/-~ - / 1- ()~-:;; -0//- {)/3; 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 _~ ' 2~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the as day of ~ ' in the year two thousand and 6 Sealed and delivered in the presence of ~~ , . u4 f HA'" ;u .. "ilnes. Sialur. '-. ,-YvY\ \'C-L ~ 14 .\ l. {oJ S' Printed Witness Name ~ /~~~.z-Q Witness Signature '{i;izf:-U 1/-. ~ lit- Printed Witness Name (dtJ(l0JpJi OA - Owner Signature ~ ~ttfK(~{U~ Printed Owner Name I '- ~V'v\I' U. 1)1+,'1\ I'P)' Printed Witness Name ~i4- .~ Witness Signature cr€Ft-:5A- A-,48'Jl- Printed Witness Name ~~,fu r. .,.. '1 . j. I '" , 'I I Owner Signatu ~ 41f1~ ,-p)~(( 1 1f\"J[ Printed Owner Name STATE OF FLORIDA ) ) ss: ) COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged be.fqre l1).e this ~ day of ~ 0 .A~, 20Q.:2, by j:{nuA U'- ~. '""ON, Sltk4_f.tttf~:,Ic,..)and ~ k..e Wh...l yU \J ".:> , who are known to me or who have produced . , aS~'dentJficaloon and W~hO dld~d not tak~ an oath. .... ,.~ Notary Public State of Florida ~ f:!l;J:= .,a..,...,..~. ~ ~ Florence R Davis Y PUBLIC '!A. ,.. My Commission 00389365 ., a ~/V"e O. 1'\..4-.11 E> "Vto,,..dP Expires01/24/2009 ~ ~ vnVI Type or Print Name Commissi0n No. -- My Commission Expires: POA.IND tJ ().i.4a-ooo, ("1". '~":; 61;'~V -;;; "'"", , ;..:~ ri ~ ~ 1/1111111111111 " 1111111I1111111111 II III II III 1111111111 "JOD L:. 13., 'f '~, ;'," '. 80ynkm dt:~;c ;? ;: L THIS INSTRUMENT PREPARED BY: . James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 '; :,:' g'~ ;\;"1. 3:~~~35 CFN 2~HZl5032b548 OR BK 18651 PG 1185 RECORDED 0~1/27/20l~5 09:46:43~. Palm Beach County, Flor::~da\-:: Sharon R. Eock, CLERK &.- (;OMPT~LLER Pgs 1185 - 1193; (9pgs'~ ~ .'1 r-...) : ___I RC5"-DIS AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ,:"":j .~.., c::J .-: ...' :") C:'~ ..n~o ::c ~"- .' THIS AGREEMENT made on this day of _ ,200__, by and between lJI\\,~ 1 ~ \~c....,*,\e€X) ~~~ 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 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 ~. if 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 ser;vice lines upon the Customer's premises. 1 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 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren. P A 3099 East Commercial Blvd. Suite 200 Ft. lauderdale, Fl 33308 ': - :'1'_,L.... ::: Ci, ~.~ r. ;'!,;.~ YEf! :.~ ,,1'120 Pi\ I: 13 , ........... IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF 'PoJ VY\ ~c.-l I I/We, M,cha.d!-. Ot;ho....1l. )Jr- :: (herr' e. {)slor4t hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Qrantee'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 neal 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 Grant~e's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: {)()-Ll3-4-~ -l9. - 6L~OO ~-C000 The powers and authority of my aijorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the I 7 day of M ~ . 20 a-S:and the po~rs and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the 11 day of Mf'r'/ , in the year two thousand and -"M Sealed and delivered in the presence of ~s~ure~C-d{ -rvtLr U lOLl\- Owner Signature M..t:C\"'\ ~e ( l ,()~~OfL.t-I :s~ Printed Owner Name p~~~~ Witness Signat ~K :x B,etX!.1<.. po:n~t~ Witness Signature ~~V\. ~ ~C~~~ C' Printed Witness Name Cl:A!~l~ C~L C .O~&~ Printed Owner Name ~TATF OF FI nplDA \ ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this \ \ day of "\.C,,-,-, , 20Cf.) , by ~"\.l \~" \ c:.r',::l\::::('l\\." )\. and ~\"'-;Cj,.~L.\\:t\ \-\'(~\J... ){\ ,who are known to me or who ~ave produced ) , as identification and who did/did not take an oath. ~~\:~'--~:'" \\ ~"'---..,~ NQT ARY PUBLlC0\ \.' '--~ ~ X~\...J......5." ", \~, \ Type or Print Name Commissi0n. No. ~ iI\ Dawn PfieI . ~ . My Commission DD3Oll507 ~ 00"-.1 Expires April 07, 2001 My Commission Expires: POA.IND Pahp Beach County Property Appraiser Property Search System Page 1 of2 _d.~'fil'~.:~PIt'~"Rr'ailUH'S Pubhc Access S\ois!en g:GYr~llD~"*~%%l~f?l:iI1~_'d#-:. A p,:'Jr ~ 1 !';r~: ? ,.,<~?~~ ' ~ 0b i?~ _t;/~',;:?'"" r, r t r* ~ p ~ ~~~&aFjPWTh%NJ~) ~1~0~y.~ \~ .ffijh@~,~ {;'%t.W'd'JW~,Jm." '" 0 Property Information location Address: 3712 COELEBS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: l..egaU:,lescriptic;m: 1!f.wl,,,,,,J4m."'iU.\;w;,~) UNINCORPORATED 00-43-45-19-02-003-0060 WEST BOYNTON PLAT 2A 17057 Page: 1289 Sale Date: May-2004 WEST BOYNTON PLAT 2A LTS 6 TO 8 INC BLK 3 A/K/A LT 18 WOODBRIDGE Owner Information Name: OSBORN MICHAEL L JR &. lVjg ",,,Alt~i'}f<<~ Mailing Address: 3712 COELEBS AVE BOYNTON BEACH FL 33436 2709 Sales Information Sales Date Book/Page May-2004 Jun-2002 Jun-2001 1705711289 13*tQ2lJ.]3~ 12Z41/~2~ Price S~le TYQe Ldik M~AlUiaIuAM '. ..I Owner $200,000 $147,000 $10 WARRANTY DEED OSBORN MICHAEL L JR &. WARRANTY DEED REBACK MISTY K WARRANTY DEED WILLIAMS PHYLLIS K Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: I,!$E! Code: 0100 Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2004 Number of Units: 1 *Total Square Feet: 1890 Acres: 0.17 Description: RESIDENTIAL * in residential properties may indicate living area. 2002 78 146 25 000 53 146 I;@.~.ii~~l L;z~~_,J I.~....) &8.UWk'---.A'...". - 'u .,' ,,' --~___~-.___~'~JA2Al ~tQillrcb) :-N" , ,", <<--"Mit m~ It6%jid.imM{ NOTE, lowe, the top and bottnm ma",'ns to 0.25 nn FII~>Page 5etup menu nptlon In the bcaE' .;tt~.rf-A http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451902003... 5/17/2005 ~~;!:'!." .."". :~ ~(;"-,"/::' ~.'r': c:-:-'~:Y,,,C' erk .',,;~,. ~ :;: 'I i~ l ~.~;<I~"'''' ....t, .. v_.~ i'" j.j)\:',.~(~ '_ -, UC 1: ::3,' . j', d ({': [)~. L:'!Vl. P.~",-" . 1.)-..,: :"J,' ,'I_!; j';. J~:;43_5:. THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 7 / .. j:..: f: /;/~);1,1 ~:)' 1IIIIIIIIIIIIIm IIIIIIIIIII~IIIIII CFN 20050358233 OR BK 18726 PG 0156 RECORDED 06/10/2005 11:13:38 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pqs 0156 - 164; (9pgs) ("-.' -~ RDS-OIS AGREEMENT FOR WATER SERVICE OUTSIDE THE OTY LIMITS AND COVENANT FOR ANNEXA nON -.., "- 1".) . . J THIS AGREEMENT made on this _ day of , 200~, by and ~~ee~ ,~;~ .:7056 y. AI" j) Y I/rIIff N~11 ~~ hereinafter called the "Customer", and ~:; ::; OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the ::c: "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, 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 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 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records ofPahn 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 tennination 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, 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 I V t~ay of IJl~4-J ,200S WITNESS: L-t.'ktk-4L At. lk..uO",,-- Witness Signature L~~b 4-(24, h-I. Yh4ddfn Printed Witness Name INDIVIDUAL(S) AS OWNER(S): ~ ner Signature Josef 'I I~/}(Vbo?- Printed Owner Name ~S~(~ Witness Signature C..A -rflc~J ror: {0~iAC1DN Printed Witness Name 3 ~~~ hI , /h a..J,J~l-. , Witness Signature f->t( e 1~(tl4... ,11. }n (.,dc.J r' '> Printed Witness Name l.0C"C(,~ Witness Signature L'trrJ-If'KI Nt": (;:;r/A C(c^f 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 ::JCs'[' '-f.l.lei!I.-'A-A./ /J~/~ cu<.( VaNel /Je/ ,.()A-A.Jbcc- 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: F L !J ,iC / {/ C ;2 .~ L (C f' /C' S -e_ . yJ{TNESS my hand and off~al seal in the County and State last aforesaid this I rJtftt day of ,. Uf/I , 200~ . I (Notary Seal) NOTARY PUBUC.STA1'E OF FLORIDA W Judith A, Pyle commission #- D0421091 Expires: APRo 21, 2009 Bonded Thru Atlandc Bondinl Ce., lac. WITNESS: fhfd11~L- " - Notary Public, (/ I Cf\11;-\2\Z \ 10.C ~ 1\.(2:lol'-1 . CI Y OF BOYNTON BEACH, FLORIDA (~L" -.le.. f-<, (2.,.1< l CA ~ ~ 0:;- (\' ) Kurt Bressner, City Manager ~t1PC ~.~ ATTEST: ~tn.~ CIty Clerk 4 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 /{/u,er I!l~SA.JUt-, City Manager and .:::rHA.JE..T ,c:';t?.,tJ-/AJI,O , CityOerk 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 ~ ,20~ (Notary Seal) NOTARY PVBUC.S)'AI'E OF FLORIDA ~ ~ ~ Judith A. Pyle ~ Co~on # D0421091 ary Public Exptres: API. 21, 2009 .Bf]Oded Atlandc BondJnr Co., loe. orm: J tt:-- c-;c;vt ~u~c ~ ~c<,,,-,+ ttp~~ 5 THIS INSTRUMENT PREPARED BY: James A. Cherot, Esquire 3099 East Commercial Blvd. Suite 200 Fl. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF f !ll,tv/ ~ut:}cll I/We, J05~ Y. IJ,JD !4,Jtf( iIt1R~ 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: pcJJ (fO. if} - <is- -If - 0/ - 00 3 -00/6 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ((m, day of ~{ 11.( . 20~~nd the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the I()'~ day of'1J1.Ilt..1 , in the year two thousand and ~ tYL-. Sealed ~d delivered in the presence of .' \""{;;;--4~'-t,--llt . /iL?{'t:tJ.~,,-> Witness Signature (.)/l <l b?, rl c, '~1 > (11 c((:!d'( r) Printed Witness Name -- ~ Owner Si~ure :;-05.,...) y. Printed Owner Name l-hrftt"'I't--t-'j) c'~ . .I:m~r~~~~10 Witness Signature CA-, ''-fce f</I\JE l'l ') r.--I f1 (' IDA/ Printed Witness Name ,,-,Ii'('IA_6-~t.t~ Pl') k c,.U-t&... Witness Signature 6tit! to tui:'4.. 1'0. {fit:< lief (;., Printed Witness Name --) /\ I /Y''', ,..,..--____ C r)\ _ \.J~:Cu '--h:;\...-J Witness Signature ~ Owner ~natu ()~~ \ ~lc\Q-t ~Qi ,'\r.~17.. Printed Owner Name COin 1-1Z-~ I ",-;cS L", Jf-IlIJ2.rDN Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this /O~ay of ~ ' 20.c&:, by :::ruSe 't MKNAA/ f}Z- '2 aD~ b(aj<{€,-!- ~ d"tde ~ who are known to me or~ho have pro~~E~~n_'\ Fi - L)L'tt/c:,r:s UC - take anoath. NOTARY PUBUC-STATE OF FLORIDA ~'" Judith A. Pyle '>. . Commission #DD421091 ( Expires: APR. 21, 2009 bGL..i:'d Tllrn Atlantic Bonding Co.. lnc Ty e or Print Name Commission No. My Commission Expires: Palm Beach County Property Appraiser Property Search System Page 1 of2 _~mn~1i1iCfi~'F);,\;~"Y"T' [I't;~nlntv J\"''''HO''lH I> Public Access S\l51tm 8l'ff<n~Vrn ~~h<< ~, ","''W' "'. "~>0 rr ~ 1#. ,r! Y '/ ~ " t~ DO, ~:j;;'~ .. ~ ;4; ~>> ~ '" ~ W);;l~W~,8 j~~, 1.." }~~.b:1;."~,,,~~-;.r: {f ?-~ . , l' ( "'~~fWMti:n.1mI@t:Hi <<;/";1: ~ fA"",,/,;-o, d.@E;" #J-'"k"",:d>. "11x;;,,,,;;1~_ Property Information location Address: 3980 COELEBS AVE IJlii1~0fB"*iiii#",1 Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-01-003-0010 Subdivision: WEST BOYNTON PLAT 1 Official Records Book: 16837 Page: 851 Sale Date: Mar-2004 1,.~a1Desc:ri ptiOfl: Owner Information Name: HERNANDEZ JOSE Y & 1~~A4~ Mailing Address: 3980 COELEBS AVE BOYNTON BEACH FL 33436 2705 Sales Information Sales Date Book/Page Mar-20041683ZDl~-.l Sep-1999 11369/1034 Sep-1996 09516/1598 Price Sal~Iypg I" ,~, ,AlLsales''''N 1 Owner $10 QUIT CLAIM HERNANDEZ JOSE Y & $120,000 WARRANTY DEED HERNANDEZ JOSE YAMIR & W YANET $100 QUIT CLAIM Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: ! 90,371 l 88,686 · 86,607 l,amdl1l'A~1 Exemption Amount: ! 25.000 ! 25,000 ! 25,000 Taxable Value: ;65.371 ;63,686 ~61,607 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use Code: 0100 A d dT Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2004 Number of Units: 1 *Total Square Feet: 1772 Acres: 0.1925 2002 68 084 31 900 99 984 Descri ption: RESIDENTIAL * in residential properties may indicate living area. bl V I I~i~i'il I '~'""'M<MhQeta.IL'/dWV~ .1 It~.I8_:#JJ ~l4Wi~UIlii,iaBA'biil NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Exi~~t 1);+ It http://www.co.palm-beach.fl.us/papaJaspx/web/detail_info.aspx?p _ entity=004345190 1 0030... 5/3/2005 ... ! I 7070 7080 0253 0252 02431 . ~ 1 in. = 148.9 feet I . ALADDIN AVE I-- .- 0 0010 0041 0071 0111 0141 0171 0201 0010 0041 0081 0111 0141 0 f-- 0431 0401 0361 0331 0301 0271 0240 0451 0411 0381 0351 0321 0 ~ 00 ~ '- Vt:. l/ 0010 0041 0071 0101 0131 0171 0201 0010 0041 0080 0111 0141 0 ~O 0431 0401 0361 0331 0301 0271 0240 0461 0431 0401 0371 0341 0311 I-- / -. I ...... ... "'So A V ~ ~ I-- 0041 0071 0101 0141 0171 0201 0010 0040 0070 0100 0130 0160 DO I-- ~6l 0421 0391 0361 0331 0301 0271 0240 0451 0421 0391 0381 0331 030 I I AVE 0010 0041 0071 0111 0141 0171 0201 0010 0050 0081 0111 0141 0431 0401 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 a.VF 0010 N 1 0042 0081 0111 0141 0180 0211 0010 0041 0071 0111 0142 r-- - 0431 130 ~ S Location Map - 3980 Coelebs Avenue - I~ 'fVj ~ J .....:....> }.> i~ . {!"fill :;;.... Rer~..t-.\ 17J:Offfee of the crt.y CIE~rl( City of Boynton Beach 100 r:. Boynton l3€ach Blvd. Boynton Beach, FL 33435 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 1111111 H 11Il111~1111 m ~ 1111111~1II11 CFN 20050358234 OR BK 18726 PG 0165 RECORDED 06/10/2005 11:14:51 Palm Beach County, Florida Sharon R. Bock,CLERK & CO"PTROLLER Pgs 0165 - 173. (9pgs) .~, _.~ .."'.'.... R05-0t5' AGREEMENT FOR "VATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION 1'<' j .--" -_:.) '.,,1 ,:':~ - THIS A~MENTmade on this __ day of ,200_, by and betW~ d €:-~{= b\<..\ 1Y\ ~\., toE:.~ C'\.... hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". . I .,.1 ::u ~r"1\ .:-') ~_:>l' Cj'l(-'" ::c 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 1# g 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 ser;vice lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subjectto 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 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 orrequirements ofIocal, 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. 1 L 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. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. .C\ IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of \JY , \ ,200.5. Witness Signatur ~~Y\ N p. tinte. d Witnes~e . ... i ~~ 'cnL~ . ess Signature 'j S-tiiL ~~\\ttY\ Printed Witness NameJ INDNIDUAL(S) AS OWNER(S): ~ Own . re ~~iioOdb Q ;;;soL\c.o~ Printed er Name 3 ~~PA.tb ~ . 0 r SIgnature IA "'11 \ThJ \ coe~ Printed Owner Name --- 5:i t--8U(' l )) \ e lcL~~.) \ l, l I 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 , , : d and\ i~ tp.~ County afo esaid to take ac~owled~ents, personally appeared Jt . So I ( c:. .; r, I' 0 I' to me known to be the person(s) cribed in and who executed the foreg . g 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: EDL J 4- J {() ~ Lfa 3- 57 -(f) Y- tlrd s 4 ~ Lo - 50D -5Cf - qlfJ - 6 WITNESS my hand and official seal in the County and State last aforesaid this ~ 0 day of ( \ ,2005 ... ......... ....... .............. ............ : BETH MAYHEW I ~ n~ (Notary Seal} i"-;:;r.';~ Comm# D00370855 : : ifrn~% ExptlllS-1111112OO8 i : "i:)~.p'1 Bonoed Ihru (800)c32~i~ L.~"~::'.....!.~~~~.~;.~.! NO~ Publ" ill WITNESS: CITY F BOYNTON BEACH, FLORIDA (t'<-.";\. v 1'-'1" - '-" P~J<-' \... ~ 11"\t- f;?ar --(s) C) ATH&K'~[ L, )1--/~V:l0N Kurt Bressner, City Manager ~t0t ~z~ / ATTEST: ~m.~ City Clerk 4 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 #<ue+ t)R-es<>nt'lr ,CityManagerand-.:JtUlt't-frI. fait.; n. +0 , 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 1"7 ~ay of -~J--.- ' 20~ (Notary ~~L:", Barbara M. Madden f~':~~~Comn;lission # DD125274 :.0.\ J~: Exprres July 19, 2006 ~ ~;.-.;;: ~~ Bond~ Thru ""'?'~Ir.:\\\' Atlantic Bonding Co., Inc. ~"",)u~~ Notary Public 5 THIS INSTRUMENT PREPARED BY: James A. Cherot. Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ? ~ \'n'\ ~~'"'~ .-- --- I/We, ~~~ r ~<<\ d\)\'" ~ c"oE:JC\......o , 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 ann~xation by any available means. The real property which is the subject of this power is described as follows: {)o.. tf:3 -- c/r-.- I ? -- C) 2.. --. () () 7 - C~) /.~ / The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the \ ~ day of _~Q.(\, L , 20QS- and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of ~, in the year two thousand and 5 Sealed and delivered in the presence of n/7 //7 ~~ WitneSs'Sighat';;;: t; ( Owner Signature fh : C [fie / Tv,) Ie 1,;( ~rinted ~itness Name. /iL J"iu3u"'- ~ t L -\{ Witness Signature ,) ~E:G~<L ~\..\.~t~ Printed Owner Name ,,,) \. \I\~~~ ~ \,/'_.. Printed Witness Name ~r, Ow r Sign u ~ 1/11 \To { ,'(' 0 eLt f<- Printed Owner Name (lJ ;(J,t). t I A lcf A Pr!nted Witness Name ~ . IiL/ '- , ,,-- '-- ';}JC.~ I Witness Signature ~ \-.Q.t~~' t V'\ ''r Lo.'-' S \'\ t \. " Printed Witness Name ' STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) HE FqREGOING INSTRUMENT was cknowledged before me this d1 0 day I ,20f12, by Se C-' \ \ 0 e I( and J. ; rn . (, who are know to me or who have produced , .. ~ S I (ElIse.. as idenlWh and who did/did not take an oath. lii~--YS~~:~~~""I N~~~ : ~ Exp1l8a-11111/2008 ! Type or Print Name L : V~oI"i BonCl8lllhlu (800)432"'254:: C .. N \ \ ,. I '1 0 () (7 : "";',~~,~'''''' FIOnaaNOlaryAsso.,lnc: OmmlSSl0n o. l~al t) My Co m m issfon.l:x.pirE3.s:................. .....1 POA.IND Pa~m Beach County Property Appraiser Property Search System Page 1 of2 _11If&~i'~:~\~~:~'D~e~~I l!1praiur'll Public Accus Sysl0F1 sq~i~l~~/J::!~~+:;::x ~ ><* " ~ ~l~ :€Q' _~::~~.~;> r t r t' r~ ? f r I / ~~~Wf@f10::@**%!f0Jm:fmt "JfP'" \@U ~ ~ ~'if&_1M\l"h"'\' " Property Information Location Address: 3620 DORRIT AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: I.~Description: l;;mlliL,..Jn_~~D,,> .>1I<J;] UNINCORPORATED 00-43-45-19-02-009-0151 WEST BOYNTON PLAT 2A 07834 Page: 1973 Sale Date: Feb-1988 WEST BOYNTON PLAT 2A E 15 FT OF LT 15 BLK 9, LT 1 &. W 19 FT OF L T 2 BLK 14 &. TH PTOF RESERVE STRIP L YG BET Owner Information Name: JOLICOEUR JEFFERY C &. KIMBERLY l~rs'IIi~11 Mailing Address: 3620 DORRIT AVE BOYNTON BEACH FL 33436 2740 Sales Information Sales Date Book/ Page Feb-1988 O~~91/01,.50 Feb-1988 07834/1973 Apr-1986 04853/0446 Exemptions Price Sal~_I>l.P~ Lv"", w,":AII,&aIAA. "" .1 Owner $95,000 WARRANTY DEED $100 WARRANTY DEED $19,000 WARRANTY DEED Year of Exemption: 2005 Regular Homestead $25,000 Total: $25,000 ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: 98,319 96.486 94,225 l&t~~1 Exemption Amount: 25,000 25 000 25,000 Taxable Value: 73,319 71 486 69,225 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: U!ig_~ode: 0100 A d dT Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2220 Acres: 0.19 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I l~ds(l ']+40'"" 1'\a~iiik1ii;i4j6",1 l~ti8a~ ~'hBraviauatg--ss:1 1J;1ilii(i""Ldilllitc; "".'\&161 NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the &~;b,l It- hrtp:/ /www.co.palm-beach.fl.us/papa/aspx/web/detail_ info.aspx?p _ entity=0043451902009... 4/22/2005 ~21 D201 0021 0201 1 in, = 126.7 feet 0051 ... ... ' .~ 0091 --- 0131 0132 0051 0091 0170 0130 0030 0060 0090 0190 0170 0120 0150 0021 0060 0090 0191 0131 0132 U09U 0070 I 0110 IU120 0010 0050 0010 - 0050 0010 0050 0010 0050 0070 ,--- 0010 0090 0191 0090 0191 0091 I 0121 0)100010 0031 0070 0101 0131 OH 0160 I 0481 \ 0121 0160 0121 0191 0160 ........... ~ .... 0090 0121 0191 0090 0161 0121 0010 0481 0010 0481 0450 0411 0381 0351 03 IS. AVI" I __ -- 0031 0070 0101 0131 01 0450 0411 0381 "I 'I.... A'~ 1"- 0351 1 o~ 0031 0070 0101 0131 01. 0450 0411 I"" "'-1. '~1 AVI"" 0021 0051 0162 0460 0421 .... a...,~ 0010 0031 0071 Location Map - 3620 Dorrit Avenue 0381 - r .---.' 0351 j~! -- 0091 0121 015 0391 0361 033 -- 0111 0141 ~'~' .. .1 J