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.
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Attest:
CITY OF BOYNTON BEACH, FLORIDA
~~=-:
S-\CA\RESO\Agreements\Water Service\Abell PUD Water Service Agreement.doc
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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".
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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
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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
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ENDQRSEMENT
Attorneys' Title Insurance Fund, Inc.
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