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R05-153 " 1 RESOLUTION NO. R05- /53 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AGREEMENTS FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND WITT INVESTMENTS, 9 INC., ELBERT R. ABELL AND MELODYE S. ABELL 10 AND MELEAR PROPERTIES, INC.; PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the subject property, comprising approximately 44.43 acres, is located 15 outside of the City limits, but within our water and sewer service area, bounded on the north 16 by Hypoluxo Farms Road, on the east by a relocated Haverhill Road and on the south by 17 Clock Road; and 18 WHEREAS, the properties covered by these agreements will include 106 single- 19 family, zero lot lone homes; and 20 WHEREAS, all costs for utilities extensions will be borne by the applicant. 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 Water Service Agreements between the City of Boynton Beach, Florida and Witt 28 Investments, Inc.; Elbert R. Abell and Melodye S. Abell and Melear Properties, Inc., to serve 29 parcels of land that will comprise the Abell Property P.U.D., which Agreements are attached S:\CA \RESO\Agreements\Water Servicc\Ahell pun Water Sen ,Ct' Agreement.doc II 1 hereto as Exhibit "A", Exhibit "B" and Exhibit "e", respectively. 2 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this .~~o day of S(":'fTem~, 2005. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 27 28 Attest: CITY OF BOYNTON BEACH, FLORIDA ~~=-: S-\CA\RESO\Agreements\Water Service\Abell PUD Water Service Agreement.doc S~.P;:~~-~~~S. .....~lC:4..S.i,H "'t.lIr~OLL BROTHERS Dr') ." .. ~ ~i . " , .; 'y ~. ~, '\. . ': . .f ,:" ::.t '0 Qi ;\,)r~h , . ' - .. " ';' # ~, f..J ,.' ;J _ ~ Im~ijm~n~m_n~I~lm~~I~1111 ! : ~ F, 8 ' .; :;;0 iz:ach ~Ivd, i~(\I'~lJr 3'~~1ch F',,_ 3~:435 THIS INSTRUMENT PREPARED BY: Jilmes A. Cherof, Esquire Goren, Cberof, Doody" Eaol, P.A. 3099 East Conunercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFl ,2(1050670177 OR UK 19456 PG 1965 REC('fWED 10/31/2005 11:17:49 PaIn Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 1965 - 2009; C45pgs) .--::> Ros - I ~:;- 3 ~_,'l AGREEMENT FOR WATER SERVICE OurSIDE <.,.) THE CITY LIMITs AND COVENANT FOR ANNEXATION _) S AGREEMEN1..~eon this~ day of ~ ~ ,20oJ. by and betwech-? )fereiriafter called the "Customer", and the CITY OF BO TON BEAC , a municipaJ corporation of the State of Florida. hereinafter called the "City". : (' ~-~co _~rq (0),," ,-,1('") ::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 stlfVices outside of its jurisdictional limits on armexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration oftbe privilege of receiving water service from tbe 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 ~ Equivalent Residential Co,rmections which City shall service. C:\D'oc~nts ana Settinqs\tQ~l\Local Settinqs\Temp\Water Service Agreement (Corp) _ Rev 090205. doc: 1 SEP-09-2005 11:45 TOLL BROT~ERS Drv P.04/07 3. The Customer agrees to pay all costs and fees of engineering, material. labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to 'Perform the work necessary to conform the lines or the City may have the work perfonned on behalf of the Customer, in which case the Customer wilJ 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 shaJl. 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 ~ttomey any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida. and the Customer and all subsequent SEP-09-2005 11:45 TOLL BROT~ERS DIV P.05/07 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 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. impainnent 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 CotDD1ission, 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 incuned 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. n ~1NESS WHEREOF, the parties hereto have set their hands and seals this 1- day of ~ ,20Q,C WITNESS: ~~~z-.. By: Witness Signarure nL_ nLt:_ Its: aJermot !Po ;WLIU; ;murwn. Printed Witness Name Yif~1eALId- NIffI(~" T AAt'l'\vl1l9l0i) {CORPORATE SEAL} Printed Witness Name AITEj=f: L/ ~ ~ ~_ k/<~ Secret~ ~f; 1.~ K' _ kJ,'/f Print Name SEP-09-2005 11:45 TOLL BROTHERS Drv P.05/07 FOR CORPORA TE 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 .!he C01Ulty aforesaid to take acknowJ~gI!!ents, personally appeared ~ ...-1-~~ as fJ~of ~~~~:;;~namedinthe 16rcgoing agreement and that helshe acknowledged executing the same in the presence of two subscri2 witnesses freely and voluntarily under authority duly vested in himIhcr by said ~ / ~ and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. ~s my hand and official seal in the County and State last aforesaid this 1 day of ,2005. ' ~~~ NOTARY PUBLIC ~ " "~~'" ..<!l.....~_ De ~r.~.;J~ MYCOM":/MacMahon , j "!,A~~ EXPIRES: s:~N # DO 251680 ~ - ....."... BondedThru/Vofa. emberJ8.2OO7 ry PublIC Unde~~ ' '"";ers r My Commission Expires: - Printed Name ~r CITY OF OYNTON BEACH, FLORIDA Kurt Bressner. City Manager ~~~H-f ATTEST: ~.. ~X) /no ~ CI Clerk STATE OF FLORIDA ) ) 5S: 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 sEP-09-2005 11:46 TOLL BROTHERS DIV P.07/07 appeared 1< \.t t2 t- () e t"SS n t"fL . City Manager and ') 4 f\ t + f rt a.; (l .i}- (i 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 aff1xed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this Q f<, uaay of s: {J .of of' n? b -( << , 200~ f - (N S....i'l''''''" Barbara M. Madden otary ~:i~ p~~~ Commission # DD125274 ~!~ f:.~ Exp~ July 19, 2006 ;.;;;:-;;; ~~ Bonded Thru #''; OF ",'{" A!1mtic Bonding Co., IDe. II,nl\\ ~.A-~~ Notary Public Aw1if1t ~, City Attorney ~ TOTAL P. 07 CORPORATE RESOLUTION I, the undersigned Secretary of Witt Investments, Inc., having a principal place of business at 7432 Pine Tree Lane, West Palm Beach, FL 33406, does hereby certify that the following is a true copy of a resolution duly adoRt~ by the Board of Directors/Stockholder of said corporation at a meeting duly held on the 9 day September, 2005 at which a quorum was present and voting throughout, and that such resolution has not been rescinded or modified and is now in full force and effect: RESOLVED that John S. Witt, Jr., as President, shall be authorized to execute all documents in connection "vith the annexation of the corporation's property into the City of Boynton Beach, Florida. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of this corporation this ~day of September, 2005 Witt Investments, Inc. bY:~ ~ ~------- Selina K. Witt Secretary [Corporate Seal] SEP-09-2005 11:44 TOLL BROT~ERS rlV P.01/07 llDS INSlRUMENT PR.E/lt\RED 9'/: James A. Cherof, Esquire City of Boynton Beach 100 E .Boynton Beach Blvd. Boynton, Beach, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH I, ~ r~~ ~ as Corporate Representative of v h~ ~ ~ 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 aot 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: (see. EjCA,', f II) " The powers and authority of my attorney, 1HE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ day of ~ , 2Qt:> J and the powers and authority shall be irrevocable by Grantee. SEP-09-2005 11:44 TOLL BROTHERS DIV t-'."'~/""( IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of ~Ud , in the year two thousan~ t:J:-''' ( Sealed and delivered in the presence of ~~~-' N:.l\,w~. f~'~l' J ~~,W(\(.~. tt '1AA;("'~ Print Name Witness II1I1-.JC\f -r -t.}ttmmvND STATE OF FLORIDA ) ) ) SS: COUNTY OF PALM BEACH 1 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 2e1~JII (:1;1,.,/77 ).2,.. as P,el/:t't'II/ of/I'V/77 4,-'"'4..'" .~namedinthe foregoing agreement and that helshe acknowledged executing the same in the' presence of two subscribin~ .witnes~s ~y and voluntarily under authority duly vested in himIher by said J(.(r J Iv T/",,, ~ and that the Corporate seal affixed thereto is the true colpOrate seal of said Corporation. Witness my hand and official seal in the County and State last aforesaid this L day of .v- ,20!![. ~~~~ NOTARY PUBLIC Printed Name My Commission Expires: ......... Dermot P. Mac: Mahon 680 ~~:E. ...~.~ Ml' COMMISSION t DO 251 ~: ;1 EXPIRES: september 1B, 2007 ~ .'J.~ P'*>Iic UnderwrnelS .w,......'J;"l' BondedilllulI<lIal'J iJf,Rfn~ .. JUL-15-20~5 12:09 TOLL BROTHERS Drv P.06/15 Arew-, THIS INSTRUMENT PREPARED BY: JaJJlel A. Cherof, Eiqulre 30BlJ East Commen:lal Blvd. SUllA 200 Ft. LaUderdllllJ, FL 33308 R05-153 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this , 20..a..L by 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 Customers premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and JUL-15-2~05 12:10 TOLL BROTHERS Drv P.07/15 maintenance of water service lines upon the Custome~s premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either 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 aU 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-ot-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding 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 ot 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 JUL-15-2085 12:10 TOLL BROTHERS Drv P.08/15 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 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. 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. Wt":nd~ LerYlenze Printed Witn s Name CLJ.hIN WITNE~. WHEREOF, the parties hereto have set their hands and seals this J~'day of fJd Q~ ' 2005 WITNESS: INDIVIDUAL(S) AS OWNER(S): J!1:t.bJ!, aJ!k! E I to ~ V t RJ4 \} It bf /I Printed Owner Name I ~ ~lJ~ Witness Sig ture ~ ~'~c... W.~F Printed Witness Name ~re~ ~~. lernenz.~ Printed Wi S8 Name ~--- Witness re i-{t~t- 1.J., c..~ Printed Witness Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) JUL-15-2085 :2:11 TOLL BROTHERS DIV P.09/15 ) 55: 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 c nowledgments. personally appeared C:tJ L.h1.Ll 0 . to me known to be the person(s) described in and 0 executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known ~ided the following proof of identification: 4J1A~nOO~ . cw-. WITNESS~d and official seal in the County and State last aforesaid this J 0-" , day of /" , 200:5 iN ..;. WENlYlfMEIflE .I11L11 ~ ~;J ~ ~~ MY COMMISSION II 00 359818 Not Publi 0 . - EXPIRES: December 3, 2008 ,~ Booded Thru Notary Public UnderwTile.s WITNESS: '{ ~ :l::::~ PI ~C J:vwtW- ~f Sf/S'j1N CO{..,lfNS STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) CITY OF ~~H' FLORIDA Kurt Bressner, City Manager 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 Kt;(cd- ()Qt'SSn-(f' ",-' city Manager and '\ A.n<:t rho Pe#'l(ad-o, 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. aY"ITNESS my hand and official seal in the County and State last aforesaid this 9-U " day of 'S e ,JJf--e hlhetC. 120(72. (Notary Se~!"',, Barbara M. Madden l~~P~%%. Commission # DD125274 :'i 1.;,= Expi.:es July 19.2006 ;~ ~ BC:lded Thro ";,~,OF ~~"" Atlantic Bonding Co.,Inc. I,.", ~~ jt,. th tU~ Notary Public Approved as to form: Legal Description Approved: JUL-15-2005 12:11 TOLL BROTHERS Drv ~Q)1l~~o~ City Attorney . JACllms 900182 12/12/95.rev WATERSRV.1 P. 10/15 JUL-15-2005 12:08 TOLL BROTHERS Drv P.02/15 Al)lU.. THIS INSTRUMENT PREPARED BY; James A. clleror. Esquire 3099 East Comrmm:lal Blvd. SUlte 200 Ft lau!lalllalQ, Fl 33308 IRREVOCABLE SPECIAL POWER OF A TIORNEY (By Individuals) STATE OF FLORIDA COUNTYOF 1>~..h ~.lt IMle, ~ l...liE.~1 ft. IrJoJl\ M~&"'o!)1l $. It,,~ 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 fun and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ .day of :::r tJL.~ ' 20 o~ and the powers and authority shall be irrevocable by Grantee. JUL-15-2e05 12:09 TOLL BROTHERS DIV P.03/15 IN WITNESS WHEREOF, we have hereunto set our hands and seals the 18th day of J~ . in the year two thousand and~, Sealed and delivered in the presence of ~d~~ Witness Sig ure ~~~SSN~ze CZltvAr OC. (UJJJ OWner Signature --11 ~ rfbt 1/ Printed otner Name ~ Witness S' ature ~i'c..~'- LJoLV Printed Witness Name I' lL4<Id~ ~.~ Witness Sig ure ~~... Nam~enze- ,.--. , , , ! ' ~ ~- Wo.t1 Printed W' ess Name STATE OF FLORIDA ) ) ss; COUNTY OF PALM BEACH ) ~HE FOREGOING INSTRUMENT day of , 20.Q5. by and , who are known to me or 0 have produced L[l1JLr~ (J (J D ~ JY1l'l11J'-11. as identification and who did/did not take an oath. 'c.___ .1LJILJltLj,- ~D~~ ~:_'.~~~:fi!~< . WENDYLEMENZE ~9:rARYPOBUC 0 ;.':'.: '6..' ..~'i:} MVCOMM.~SlON#DD359818 ~end~J l-frl.-1enze..- , .. ..~o~ EXPIRES. December 3, 2008 ~j:-"'e~~oiJ.'- ilt>\'MThN~PIlbIIcUndolWlil.lS Type or P nt Name ~~~=;- Commission No. --.12D .;3sQ8/f5 My Commission Expires: PQA.IND " .FlJNDCOMMlTMENT FORM Schedule A Commitment No. 1509226 Effective Date: March 4, 2005 Agent's File Ref: Abell-ToB 11 :00 P.M. 1. Policy or Policies to be issued: Proposed Amount oflnsurance OWNER: $11,316,000.00 Proposed Insured: Toll Bros.. Inc. MORTGAGEE: $ Proposed Insured: 2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) and title thereto is at the effective date hereof vested in: Elbert R. Abell and MeJodye S. Abell, husband and wife 3. The land referred to in this commitment is described as follows: See Legal descriptions attached thereto and described as parcels A, B, C D and E JOHN D. KURTZ ~ NAME OF AGENT AGENT NO. ISSUED BY: 1280 No. Congress Ave #107 West Pa FUND COMMITMENT FORM Schedule B Commitment No. 1509226 1. The following are required to be complied with: 1. Payment of the full consideration to, or for the account of, grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record. a. Warranty Deed from Elbert R. Abell and Melodye S. Abell, husband and wife to Toll Bros., Inc. b. Satisfaction of mortgage recorded in Official Record Book 13459, page 791as modified in Official record Book 14148, page 1499, Public Records of Palm Beach County, Florida c. Corrective Warranty Deed from Albert William Lutes and Florence L. Lutes (f/kJa Florence L. Phillips), husband and wife to Elbert R. Abell and Melodye S. Abell, husband and wife, correcting a Scribner's error in the legal description of the deed recorded in Official Record Book 11759, page 865, Public Records of Palm Beach county, Florida. 3. Proof of payment of all real estate taxes and special assessments now or past due. 4. Evidence that maintenance and recreational charges, condo association assessments, 5. Evidence that City/County Special Assessment Liens, if any, have been paid. 6. Execution of a Non-Foreign Investors Affidavit by Grantors and/or Grantees. 7. Affidavit executed by grantors that there are no claims pending and unpaid which constitute a lien against the subject property. 8. INFORMATIONAL NOTE: all taxes for the year 2004 have been paid on the parcels. 9. Satisfactory evidence that Toll Bros. Inc. is authorized to due business in Florida and is in good standing in its state of incorporation. 10. The name or names of the proposed insured under this policy must be furnished and this commitment is subject to such further exceptions and/or requirements as then may be deemed necessary . Schedule B Commitment No. 1509226 II. Schedule B. of the Policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Fund: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Any owner and mortgagee policies issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the inside cover hereof unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is determined the current years taxes or special assessments have been paid, and it is determined there is nothing of record which would give rise to construction liens which could take priority over the interest(s) insured hereunder (where the liens would otherwise take priority, submission of waivers is necessary) 3. Any owner policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. As to All Parcels: 4. Order establishing the Lake Worth Drainage District and its rights thereunder as recorded in Official Record Book 6495, page 761, Public Records of Palm Beach County, Florida. As to Parcel A. 5. Rights of Ways and Easements, as recorded in Deed Book 901 Page 594 of the Public Records of Palm Beach County, Florida. 6. Easements, as recorded in Deed Book 623 Page 180 of the Public Records of Palm Beach County, Florida. 7. Right-of-Way Deed to the County of Palm Beach recorded in Deed Book 1057, Page 225, of the Public Records of Palm Beach County, Florida. As to Parcel B: 8. Rights of Ways and Easements, as recorded in Deed Book 901 Page 594 of the Public Records of Palm Beach County, Florida. Continuation of Schedule B-II Commitment No. 1509226 9. Easements, as recorded in Deed Book 623 Page 180 of the Public Records of Palm Beach County, Florida. 10. Right of Way Deed, as recorded in Deed Book 1057 Page 225 of the Public Records of Palm Beach County, Florida. As to Parcel C: II. Rights of Ways and Easements, as recorded in Deed Book 90 I Page 594 of the Public Records of Palm Beach County, Florida 12. Subject to Easement from the Lake Worth Drainage District to the American Telephone and Telegraph Company as in Deed Book 623, Page 180, Public Records of Palm Beach County, Florida. 13. Easement in favor of Florida Power & Light Company, filed June 29, 1961, and recorded in Official Record Book 649, Page 438, Public Records of Palm Beach County, Florida. 14. Drainage Easement in favor of Palm Beach County recorded August 10, 1990, in Official Record Book 6545, page 826, Public Records of Palm Beach County, Florida. 15. Agreement between Abell's Nursery and Lake Worth Drainage District recorded in official Record Book 8973, page 919, Public Records of Palm Beach County, Florida. 16. Resolution by the Board of County Commissioners for Haverhill Road recorded March 1, 1990, in Official Record Book 6370, Page 1333 and Road Plat Book 7, Page 39, Public Records of Palm Beach County, Florida. 17. Notice of Intent to Withhold Development Permits recorded in Official Record Book 17076, page 878, Public Records of palm Beach County, Florida. As to Parcel D: 18. Reservations contained in that certain deed from Lake Worth Drainage District recorded in Deed Book 901, page 594, Public Records of Palm Beach County, Florida. 19. Easements, as recorded in Deed Book 623 Page 180 of the Public Records of Palm Beach County, Florida. 20. Restrictions and Easements contained in that certain deed recorded in Deed Book 1094, page 57, Public Records of Palm Beach County, Florida. 21. Right-of-Way Deed to the County of Palm Beach recorded in Deed Book 1057, Page 225, of the Public Records of Palm Beach County, Florida. Continuation of Schedule B-II Commitment No. 1509226 As to Parcel E: 22. Easement for the benefit of Florida Power and Light Company across the North 15 feet of the property to be insured, together with anchoring facilities located approximately 330 feet West of the East line and 65 feet South of the North line, as shown in instrument recorded in Official Record Book 660, Page 577 of the Public Records of Palm Beach County, Florida. 23. Right-of-Way Deed to the County of Palm Beach recorded in Deed Book 1057, Page 225, of the Public Records of Palm Beach County, Florida. 24. Unity of Title recorded in Official Record Book 3824, Page 37, of the Public Records of Palm Beach County, Florida. 25. Easement for drainage purposes across the East 15 feet of the property to be insured, as shown in that certain Warranty Deed recorded in Deed Book 1124, Page 25 ofthe Public Records of Palm Beach County, Florida. Continuation of Schedule B-II Commitment No. 1509226 Parcel A: That part of the NE 1/4 of Section 11 Township 45 South, Range 42 East more particularly described as follows: Beginning at a point in North line of Section 11, Township 45 South, Range 42 East, said point being 669.295 feet West of the NE comer of said Sec 11, which NE comer is 2652.23 feet Westerly from the Center line of Military Trail; from said point of beginning continue Westerly a distance of 666.295 feet, thence Southerly, making an angle of 90 degrees 41 minutes 40 seconds with the preceding course, measured from East to South, a distance of 340.26 feet; thence Easterly, making an angle of 89 degrees 13 minutes 46 seconds with the preceding course measured from North to East a distance of 658.09 feet; thence Northerly, making an angle of 82 degrees 09 minutes 32 seconds with the preceding course measured from West to North a distance of 339.76 feet to the point of beginning: Excepting therefrom the North 80 feet of Canal RfW and the W 25 feet as Road RfW; and excepting that portion taken for widening of Hypoluxo Road as set forth in Official Record Book 6798, page 1051 Public Records of Palm Beach County, Florida. Parcel B: The West half of Tract 15 of Hypoluxo Farms, according to the unrecorded plat thereof prepared by E. Elliott Gross & Associates, Registered Engineer, West Palm Beach, Florida, June 1954, being a subdivision of the Northeast 1/4 of Section 11, Township 45 South of Range 42 East, more particularly described as follows: Commencing at a point in the East line of Section 11, Township 45 South, Range 42 East, said point being 678.52 feet South of the Northeast comer of said Section 11, which Northeast comer is 2652.23 ft. Westerly from the center line of Military Trail; thence Westerly making an angle of 93 degrees 37" 24" with the preceding course measured from North to West, a distance of 649.89 ft. to the point of beginning of the tract to be herein described; from said point of beginning continue Westerly a distance of 649.89 ft; thence Northerly, making an angle 89 degrees 09' 12" with the preceding course, measured from East to North, a distance of 340.26 feet; thence Easterly making an angle with the preceding course of 90 degrees 46' 14" measured from South to East, a distance of 658.09 feet; thence Southerly making an angle of 87 degrees 50' 28" with the preceding course, measured from West to South, a distance of 339.76 feet to the point of beginning. Excepting therefrom the West 25 feet as Road Right-of-Way. The conveyance if made subject to reservations, rights-of-way appearing of record. c~ i Ib J It - E / bevf t f1doc('I~ Abell Continuation of Schedule B-II Commitment No. 1509226 Parcel C: The east half of Tracts 15 and 16 of Hypoluxo Farms, according to the unrecorded Plat thereof Prepared by E. Elliott Gross & Assoc. Eng. West Palm Beach, Fl June 1951 being a subdivision of the N.E. Quarter of Section II, Township 45 South, Range 42 East, Particularly described as follows: Beginning at the Northeast corner of Section 11, Township 45 South, Range 42 East, which Northeast corner is 2,652.23 feet westerly from the centerline of Military Trail: thence Southerly along the East line of Section 11, a distance of 678.52 feet thence Westerly making an angle of 93 deg. 37' 24" with the preceding course, measured from North to West, a distance of 649.89 feet; thence Northerly making an angle of 87 deg, 45', 54", measured from East to North, a distance of 679.52 feet to a Point in the North line of said Section II thence Easterly along the North line of said Section 11 a distance of 666.295 feet to the point of beginning excepting therefrom, the North 56 feet as Canal Right-of-Way. Parcel D: Tract 13, Hypoluxo Farms, according to the unrecorded plat thereof prepared by E. Elliott Gross & Assoc. Reg. Eng., West Palm Beach Florida, June, 1954, particularly described as follows Beginning at a point in the East line of Section 11, Township 45 South, Range 42 East said point being 1017.78 feet South of the Northeast corner of said Section 11, Which Northeast corner is 2652.23 feet westerly from the centerline of Military Trail; thence continue southerly along the Baseline of said Section 11, a distance of 339.26 feet; thence westerly making an angle of 93 deg. 46', 33" with the preceding course, measured from North to West, a distance of 1266.98 feet; thence northerly making an angle of 89 deg. 00', 03" with the preceding course measured from East to North, a distance of 340.26 feet; thence easterly making an angle of 90 deg. 55',22" with the preceding course, measured from South to East a distance of 1283.38 feet to the point of beginning. Excepting therefrom the West 25 feet as road right-of-way; subject to an easement across the East 15 feet for drainage purposes in favor of this and adjoining lands. k~L.4.~ A - E/~€Yf of- !'1duclyf..- Ilhf/I l U),.+ ) Continuation of Schedule B-II Commitment No. 1509226 Parcel E: Beginning at a point in the East line of Section 11, Township 45 South of Range 42 East, said point being 678.52 feet South of the Northeast corner of said Section 11, which Northeast corner is 2,652.23 feet Westerly from the centerline of Military Trail; thence continue Southerly along the East line of Section 11, a distance of 339.26 feet; thence Westerly making an angle of 90 deg 41' 58" with the preceding course measured from North to West a distance of 1,283.38 feet; thence Northerly making an angle of 89 deg. 04' 38" with the preceding course, measured from East to North, a distance of 340.26 feet, thence Easterly making an angle of 90050148" with the preceding course, measured from South to East, a distance of 1,299.78 feet to the Point of Beginning. Excepting therefrom the West 25 feet as Road Right-of-Way. Also subject to anchoring facilities to be located approximately 330 feet West of the East Line and 65 feet South of the North line of the above described parcel of land. Also subject to a 15 foot easement along the North end of said property, held by the Florida Power and Light Company. [1<l,i,f Ii - Ellxrf ~ fl1~~e I46dl ( Cop-f) .. 1 in, = 270,0 feet ---o- j . 0260 ooQ8..'O'iP.HfbQ390r,SeO'.031003600350 0340 0330b320-Q31003000290:0280' 0270 ~ I " _l~~_ ; __Q~1O_--L_d ' 0~450"440~430 0420 _ !!OWL- L_ __n _L___--;___ __ _-L-.--__ I:IY~-~- 1220 1210 I ' :; , I~ \ ,~ :~~ ----,-- 1180 ,,8' 1140 1160 1160 1170 -----i I LOCATION MAP 3040 \ -----,--- 0011 0013 ---i 0020 LAND.' DESIGN SOUTH Land Planning Landscape Architecture Environmental Consultation ABELL PROPERTY PCN'S AND OWNERSHIP 00-42-45-11-00-000-1190 Melear Properties, Inc. 00-42-45-11-00-000-1200 Witt Investments, Inc. 00-42-45-11-00-000-1240 00-42-45~11-00-000-1250 00-42-45-11-00-000-1260 00-42-45-11-00-000-1270 00-42-45-11-00-000-1280 Elbert R. Abell and Melodye S. Abell Same Same Same Same Melear Properties, Inc. 4821 \VaverIy Wood Terrace Lake Worth, FL 33463 Witt Investments, Inc. 7432 Pine Tree Lane West Palm Beach, FL 33406 Elbert R. Abell and Melodye S. Abell 9380 Lakeside Lane Boynton Beach, FL 33463 H " [vh.L.f A 2101 Centrepark West Drive, Suite 100 I West Palm Beach, Florida 33409 I 561-478-8501 FAX 561-478-5012 1100 St. Lucie West Blvd., Suite 103A I Port St. Lucie, Florida 34986 I 772-871-7778 FAX 772-871-9992 . ....~. iV '",. _ _'_' ~ ,..,. 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ORLANDO, FLORlDA Endorsement No. 1 [0 Commitment No. .1509226 Name of Original Insured: Toll Bros.. Inc. Original Effective Date March 4, 2005. @ 11 :00 PM. $11,316,000.00 Original Amount of Insurance: Agent's File Reference 19300204 Current Amount of Insurance: $11.316,000.00 The policy is hereby amended as foHows: Effective Date August 31. 2005. @ 1]:00 PM. Schedule B-II add new paragraph 26 as to all parcels to read: Mortgage from Elbert R. Abell and Melodye S. Abell, husband and wife to Toll Bros., loc. recorded July 25, 2005 in Official Record Book 18959, page 967, of the Public Records of Palm Beach County. Florida. John D. Kurtz September 122005 6454 Name of Fund Agent Date Agent No. Attorneys' Title Insurance Fund, Inc. By Charles J. Kovaleski President ENPOItSEMEN'r Attorneys' Title :lnsJJri:l11ceFnncl, Inc. Orlando,.F1orida . :Endorsement No. 1 Name of Original Insured: TOLL BROS., me. Original Etrective Date: 4/19/04 @ 8:00 a.m. Original Amount of Insurance: $1,329,000.00 $1,329,000.00 Agent's File Reference: 05-016 Current Amount of Insurance: The policy is hereby amended as follows: Schedule A, Effective Date shall be: 8/30/05 @ 8:00 a.m. Schedule BI. item (e) shall be: Partial Satisfaction of Mortgage recorded in OR Book 18852, page 579, of the Public Records of Palm Beach County, Florida. Schedule BI, item (f) shall be: Partial Satisfaction of Mortgage recorded in OR Book 19044, page 991, of the Public Records of Palm Beach County, Florida. BAN L:W!L. LBUR, JR., P.A. c- Name ofFtla4.Agent, ~~ Agent's Signature By #7584 Agent No. Attoineys' Title Insurance Fund, Inc. Charles J. Kovaleski President (6/94)[486) 2:13 39~d l;1dlCirM10 1766L-Z;EB-199 vE:01 500l/91/60 SEP-12- .-~80~ f~~~. O~~34.~ W~~!MINST~R TITLE AGENCY FAX NO. 561B653431 P. 04/04 - ._.- -_.- EndDrsemenl (colnmitment) . ...- - . -.:- ; ., ---- ----.-,.- --.. AttacliedtoCommitmer,.tNu 10~-1J5000397-~T8 . Issued by ! Old Republic Title Insurance C ! Schedule A, Itme ~1 is hereby amended toread: August 19, 20PS ThIs endorsement Is.is~ue<i<lspart ofJhe.policY~'I:XcE!pta5Itexpr~ terrnsElnd prov;siol1sof the. polIcy. '. (II) modify .<lny .priorendl)rsfam~l1t increase the AmOU nt of Insurance. To the extent a provision of the inconsistent with al~ express provision of thisendorsernent. thilJ end endorsement is sUbject to all of the terms and provIsions of the; poll , I ! isUites, It d()esnot(i) modify any of the l)elCtend lheuDalia.()fPolicy,Clr(I\f) . . or a previousendorserlient Is ment controls. Otherwise, this ~d of any prior endorsements. ay: (105-05000397 -CT9.PFD/1 OS-Q5000397.clan 2) SEP-09-2005 12:51 Toll Brothers Acctg 561 496 7618 P.04/08 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 RD~)-1~3 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~ day of /JDl1 r~' , 200..5:... by and between fl e.,(.~"''''(" jJ,."'(H,,--rl-ttLS ,I....e-. he"~r-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 j urisdictionallimits 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 I u 6 Equivalent Residential Connections which City shall service. C:\Documents and Settings\toll\Local Settinqs\Temp\Water Service Agreement (Corp} - Rev 090205.ooc 1 SEP-09-2005 12:51 Toll Brothers Rcctg 561 496 7618 P.05/08 3. The Customer agrees to pay all costs and fees of engineeringJ material, laboTJ installation and inspection of the facilities as required by the City of Boynton Beach eode of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either 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. 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 SEP-09-2005 12:52 Toll Brothers Acctg 561 496 7618 P.06/08 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold 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. C"'IN WI~ESS WHEREO~e parties hereto have set their hands and seals this /..3 day of ~/go.r .2002.. COr~RATIO. N~~'1~~ER(S): By: '-~~ Its:~.-lsL4.-.; '. .~. lc>-< :J ~ te';;., ~ Print N e and Title {CORPORATE SEAL} AT r SEP-09-2005 12:52 Toll Brothers Acctg 561 496 7618 P.07/08 FOR CORPORATE NOTARIZATION: 8T ATE OF FLORIDA ) ) ) ss: COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State ~Said ~ County ~said _ to take acknowled ts, personal~ ~pp.eared ~ JlA.A I.-I:L of ~ea In the foregoing agreement and that he/she acknowledged executing the sam in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in himlher by said C c..' p" re>- -1-." ,,:.. and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. r;;;;t Witness my band and official seal in the County and State last aforesaid this /3% of ~~ ,2005. ~ . Hd 0/2 r My Commission Expires: CITY OF OYNTON BEACH, FLORIDA Kurt Bressner, City Manager S;np".-- ~ / ATTEST: ~'1n.~ Ci Clerk STATE OF FLORIDA ) ) 55: 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 SEP-09-2005 12:52 Toll Brothers Acctg 561 496 7618 P.08/08 appeared _K- u. fZt- 6 e..('5 5 n tr? , City Manager and 3' ~n.e +- fr\, [> {2 ~ ~ 1\ i- 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. u;.. WITNESS my hand and official seal in the County and State last aforesaid this .'2it day of S~f+-erYIb-(~ ,200S- (Notary Seal) ,:.~V~f:"" Barbar~ M. Madden :::ri~"-:'."v, '." DD125274 ~. y:~\- ~\..~;:.:;~-~ "o'-~- _ ::';. _de"'. ..': 19,2006 \.~ -'~~'~ C=:::i;~ Thru "'",f,{.n,," A::c.::::: c:':rding Co.. me. ~L~J-h-/h~4 Notary Public mq~ City Attorney SEP-09-2005 12:50 Toll Brothers Acctg 561 496 7618 P.02/08 THIS INSTRUMENT PREPARED BY; James A. Cherot, Esquire City of Boynton Beach 100 E .Boynton Beach Blvd. Boynton, Beach. Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH I, '- rrR f't '1 fn f-LlIt/L. as COIporate Representative of ~~ fLfIt2 Q k..' ~<",:;tr~:::. I ~ L , 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: (' 5-~e. /:..-)( t , t . fA) The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the , 20_ and the powers and authority shall be irrevocable by Grantee. day of SEP-09-2005 12:50 Toll Brothers Acctg 561 496 7618 P.03/QS ). ;1 IN WITNESS WHEREOF, we have hereunto set our hands and seals the (t.) -- day of ~(~t- . , in the year two thousand. Sealed and delivered in the presence of Ih -c ~'i.-L~. s: L- /1," lte- ) II L) ki A-i/ e1SRJ Print Name STATE OF FLORIDA ) ) ) ~, ~. ~~=Q(~~l<t~. ss: COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State 'd an . the County nSaid to take y)(:;ledgm:jZ' personal~p~eared A...V as ~ ~1 of 17 ....____ ~.A&" eo In the fo going greement and that he/she acknowledged executing the same' the prc(sence of two subscribing witnesses freely and voluntarily under authority duly vested in himlher by said L {) ('<-Pc) ....(11 c,Y} and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. cJ;,7S my hand and official seal in the County and State last aforesaid this ~y of ~A.LJ , .20~ i?M~ iI'rn~ ~ARYPUBL~ u ~ NhA - 0 lE 'Printed Name My Commission Expires: !>....t:..~~/1,~ Brenda L Moore !fiJ\Cmn......... # IJDCI93I49 g. .: --- &_, ".II 3llD6 ""~ ;: ....,..~ ~ ... '\!}OFf\..fff;' 1oJIdecl'Dlnl ""11 II\\"~ At1aJ1tk IoJ1dJDg CD..IDI:. - -- .-- - _u 1 a - - - - - - - - irpnrtmrnt of ~tntr I certify from the records of this office that MELEAR PROPERTIES INC. is a corporation organized under the laws of the State of Florida, filed on September 23, 2003. The document number of this corporation is P03000104477. I further certify that said corporation has paid all fees due this office through December 31, 2005, that its most recent annual report/uniform business report was filed on July 22, 2005, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-second day of July, 2005 CR2E022 (2-03) ~~ f. t<kcd (If)lenoa tfi~ ~OOo $.e.cr.etarlJ nf~tat.e ~ H03000282411 CERTIFICATE OF DESIGNATION OF REGISTERED AGENT/REGISTERED OFFICE PURSUANT TO THE PROVISIONS OF SECTION 607.0501, FLORIDA STATUTES. THE UNDERSIGNED CORPORATION, ORGANIZED UNDER TIlE LAWS OF THE STATE OF FLORIDA, SUBMITS THE FOLLOWING STATEMENT IN TIIE DESIGNATING TIlE REGISTERED OFFICE/AGENT, IN THE ST ATE OF FLORIDA. 1. The name of the corporation is: Melear Properties Inc. 2. The name and address of the registered agent and office is: Larry Melear Name 4821 Waverly Woods Terrace (P.O. aox or Mail Drop Box NOT Acceptable) Lak~ Worth. FL 33463 (City I State I Zip) Having been named as registered agent and to accept service o/process for the above stated corporation at the place designated in this certificate, I hereby accept the appointment as registered agent and agree 10 act in this capacity. I further agree to comply with the provisions of all the statutes relating to the proper and complete perfo-,.mance of my duties, and am familiar with and accept the obligations of my position as registered agent. ub~ SIGNATIJRE September 18th, 2003 (Date) H03OOO282411