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R05-116 I 1 RESOLUTION NO. R05-l/fo 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND REICHARD HOLDINGS, 9 LLC; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 7887 Coral Street, Lake Worth, Florida (Tropical 14 Terrace Lot 181); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in Tropical Terrace project area; and 17 WHEREAS, a water distribution main has recently been completed on this street 18 allowing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 Reichard Holdings, LLC, which Agreement is attached hereto as Exhibit "A". S:\CA\RESO\Agreements\Water Service\Reichard Holdings Water Service Agreement.doc · . I 1 I 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 PASSED AND ADOPTED this 2- day of ~ 2005. 5 6 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Attest: 26 27 28 29 30 S:\CA\RESO\Agreements\Water Servlce\Reichard Holdings Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Rð~-Il~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION .¡pn,S AGRE NT ade on this S~/<...--day of (~?;;;.: /4-.-,___ , 200S-;-by and between e..f.,c:... LlC- heIeiñafter.ciiiÍed the "Customer", and the CITY OF BOYNTON BEACH, a mum 'pal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictiona11imits 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 jurisdictionallirnits 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 Whel1 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, 1imitations 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 harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Conmùssion, 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 L day of \1,,<- , 20~. WITNESS~ CORPORATION AS OWNER(S): ~ ~ y.... ~: ~~/ Witness Signature . dent's Signature f 7'~'" I::c ~~ ('2.e ~ r):::/ ~~- ~. ~~\.~w-&~ . / Printed Witness Name Printed President's Name ~ttU ~~ Witness Signature r.-- r-- \ ( cl J 1.I\u:..... Printed Witness Name 3 £¿.-!V~. M Witness S~ature Vice President/Secretary's Signature f!. '1tf1t" K;."7 ç z ev-E:Íc../ S J/..CI"t-Æ ¡¿c I-c1-//11i?.I) P~Wit~ Name Printed Vice President/Secretary's Name \:::1JW... Witness Signature '"T:J~ Tî~ Printed Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and . the County aforesaid -l0 tak~~Wle~ments, personally appeared f'-/I", 1J?t:4....a/ J.. ~O'"'~ \ .s 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 identificationfL t:::> L . ..::s- WITNESS my hand and official seal in the County and State last aforesaid this '"'L. day of " '" ~ , 200S- (Notary Seal) JIL ~- ''''''I J huB ",~y,.~ 0 ~ / Notary Public ~....... , ~::'~.} Commission#}) 97960 ~'!);'" ¿f Expires: Mar 08 2008 --;'1ö;;\;"," Bonded'Thnl f"" \ AtIanti Bonding Co Inc WITNESS: c ". :e;~=- BEACH, FLORIDA ~~«MJ- ~ ,~ Kurt Bressner, City Manager ATTEST: £l-?éht ~-/ STATE OF FLORIDA ) Palm Beach County Property Appraiser Property Search System Page 1 of 1 , iI1~~H~~I:~~. qf~ Property Appraiser's Ptbllc Access S.stern t~"'~'1!"'~~~ ~~"."" .~. . .... ¡ ~ìf '; -<"'I~; ~;,~....... ~ r . ..... ,-, ~.. ~ '~ ',' ,: ", <.- -. 1;- ~ .'- ~ _~_~~.~íï; ~ .- ,; Property Information Location Address: CORAL ST 1"".JIàMt¡~R:;:J Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-1810 Subdivision: TROPICAL TERRACE IN Official Records Book: Page: Sale Date: Legal Description: TROPICAL TERRACE LT 181 Owner Information Name: REICHARD HOLDINGS LLC ~ Mailing Address: 7601 W LAKE DR WEST PALM BEACH FL 33406 8739 Sales Information Sales Date Book/Page Price Sêlle Type Owner Jan-2005 18056/660 $61,250 WARRANTY DEED REICHARD HOLDINGS LLC May-2004 17222/476 $10 REP DEED ATKINS ULUAN M Exemptions Exemption Information Unavailable. Appraisals Tax Year: 2004 2003 2002 Tax Year 2004 Improvement Value: $50,83 $45.545 40,56 Number of Units: 0 Land Value: $21.35 $19.20Ð 15,00 *Total Square Feet: 5,000.69 Total Market Value: $72.18 $64,745 55,56 Acres: 0.1148 Use Code: 0000 Description: VACANT * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2004 200~ 2002 Assessed Value: . 39,72 38,9804 38,07 ~ Exemption Amount: ~ 25,00 25.00Ð 25,00 ,.'. ."., Taxable Value: ! 14,72 13.984 13,07 Tax Values Tax Year: 2002 ~~ Ad Valorem: $25' ......; ......... Non Ad Valorem: 18 L .~...J. Total Tax: 4 "[' "~'"' ........ ... ',JllH:kta~ ~_.~., I k"",'~"'~"""~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. Record Search I Information I Exemptions I Community I Employment I New Hom~ ßyyer I Office Locations Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer Home I Links I Glossary I FAQ I Forms I Contact Us I PAPA -. 4 © 2004 Palm Beach County Property Appraiser. £)'\.t 17:1 " f http://www.co.palm-beach.fl.us/papa/aspx/web/detail ~info.aspx?p ~ entity=0043451 007000 1... 6/2/2005 PALM BEACH COUNTY ~ ....... [~ PLANNING, ZONING & BUILDING D.É~R'TMENT ..' ~ .~..."'--. ~ B U I L DIN G D I V I S ION - .............. v PERMIT ] '" . ...... ' . '. ,..~~~~ ~'F' "hftM> . .¡.,....~: . ~ :....,¡.; ð.o<' ...y . ......... ............ ~''''''''~:J~vn,: :;'-""""1Mr.~.lb:'"",,,, , )' ~"'4>~~ . ~ \. .. , .i*. ,. ! "I F ,\t.\~ ,I 181 ilT US ~T WWW.PBCGOV.COM/PZa · *** INSPECTION SCHEDULING **. OUR aUILDING DIVISION PAt9E YOU *** I\IEIoI tELEPHONE NUMIlER *to ) VI"" PLAN IiEVIEW 'TRAcKING, STARTING J~NlJARY 3, 200~ THE NEW MIT & INSPEcTroN HISTORy, AND INSPECTION SCHEDULING TELePHoNE TRACTOR LICENSING INFORMATION. NUMBER WILL IlE 35S~2222. ~ WE WELCOME YOUR COMMENTS! ** REI.CHARD, JOHN ~: 78.7 CORAL sr N NAME: TROP rCAL TËRRAC£ )R HAMI: JOHN P RE r CHARD /TffiSI'I!!'IHrT_r IE VIWD~'Im /,~ AND HOL T APPLICANT'S COpy rœ¡.1IòUU, THIS INSTRUMENT PREPARED BY: James A. Cherat, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporations) STATE OF FLORIDA COUNTY OF ~ft1 ~~ I/We, ~el~(),rct ~( o.\V\~' LL C , 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 CITŸ 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~-l.fS-IO-07-o0ú-18/ú 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 -:s- ù ~<- , 20 OS- and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the L day of ~ v '" c...... in the year two thousand and 0 S- Sealed and delivered in the presence of ¿~~ ~~ Witness Signature Pres I Signature f!- ~"v' j::::;.4-p V >2. ~ ~,S' K,7" ::fð\,."", K e.l ~ y..í4 Printed Witness Name Printed President's Name Oð o-CJ '-.íCJ...& çJ(\.U Witness Signature ~~& C' \ r\ CL~ Printed Witness Name (£~Ä Witness ßfgnature Secretary/ Vice President's Signature ty~/ ~7~k~A' Sh~ll... R..e r'cL.rrJ Printed Witnes~ Name Printed Secretary/ Vice President's Name ~a<k& ~1l.9-.Q. Witness Signature h', ' ..-- --- \oclJ. \~c:.... Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was aCknowt~ge~efC~t me this '-- day of ...:::r ù r'\ ~ 20 OJ, by .::r ò h..... \ e. W and .:s \-\ ~ \c. ~Z e..l~Cf.'~ , who are known to me or who have produced , as identification and who did/did not take an oath. .riL ~~_ ,'''''I, JohnB~ l<íOT ARY UBLlC ,'à~Y.P.I.Iit',~ J'cr.- Q f\ &0..... /:-~~~~ Co~ssion #D 297960 ::'!i. . ''J:: Exptres: Mar 08,2008 Type or Print NamD -""~~ ó. f\.Ó~ ,.:- Bonded 11uu Commission No. D z '\ J~ &'õ I"""" Atlantic Bonding Co., Inc, [,I I I I I : i f 7020 ... 1210 :~l I 1710 I 0800 I 1 in. = 157.1 feet 1200 1310 ~ I 132o-l 0820 1190 I 1680 1180 1330 , 0330 0871 0830 1170 1340 1670 1760 0341 0880 1180 1350 0850 1770 2070 0380 0641 1360 1640 1140 ~ 1370 ~ 1790 // ! 0831 0870 0371 / 1380 1630 1800 1120 .. ~~ 2050 0390 0810 0890 1390 1620 I--- P400 0900 ~ 1110 1810 - 1400 M10 0600 0910 1100 1800 1830 1411 2010 )420 0590 0920 1090 1590 1840 ~ ..j '--- 1430 0930 1430 1580 1850 Ir 0570 1070 ~O 0940 1440 ¡,,¡ 1880 1990 L 50 0580 0950 1060 1410 1SS0 I 0980 1050 1460 1880 / : r 0540 3 1040 1540 1960 ! 0970 1470 1890 r-- 0530 1030 1530 (¡ 0510 0990 1000 1010 1020 1490 1510 1520 1920 1930 I ~ RD I 3060 !I" I ~ [ 30 0 I - I ~ ~t 3050 - \ ~ / ~ / r- Location Map - 7887 Coral Street ~ on. '? î· ~