R05-154
R eru.cn ~o
Office of the City Clerk
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Boynton Beach, Fi. :<>' 35
TillS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Connnercial Blvd.
Suite 200
Fi. Lauderdale, FL 33308
ROb -154
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
THIS AGREEMENT made on this 40 day of ~ ' 200~, by and between
~D..Y'\. t:L C~rC herefuaftercalledthe "Customer", and the CITY
OF BOYNTON BEAC , a mUDlClpal corporation of the State of Flonda, heremafter called the
"City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
VlliEREAS, 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 i.nto the City at
the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A) ,
2. The Customer and the City hereby agree that there are 1'. 8'" Equivalent Residential
Connections which City shall service. .
3. The Customer agrees to . pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
1
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costS incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer r 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 acconnnodate 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 connect~g to the City's water supply is sufficient to support the grant of
~he power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
-..
)
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph I above. 'Ibis Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Rorida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns,
10, It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
protnbitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event
there is a reduction, impairment or tennination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's .'
reasonable control.
11. 1be Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Horida, its-Mayor, Members ofthe City Cormnission, 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 connectiAp 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 ill this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
'"Y<4Y
flIN WITNESS WHEREOF,_the parties hereto have set theiihands and seals this (}d dayof
u~ tl~r ,2ooi.
~S:
\
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:--l.
Witness S' a e
\
~~~ '^ w>~j. L'7c.; c ~
Printed Witness Name . J
-flt~
gnature
,~~L fA/& H/f,(/,VcJ
Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
j~de (!yr.
" Owner Signature
)}:aN II . .Coff2
Printed Owner Name I
3
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL (S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
';'r
I HEREBY CERTIFY that on this day, before me. an officer duly authorized in the State
aforesaid and in the Co~nty aforesaid to take acknowledgments. personally appeared
lJel.-ri H - ( '0 ,p ~ to me known to be the
"
person(s) described in and who executed the foregoing instrument that he/she acknowledged before
me that he/she executed the same; that the individual was personally known to me or provided the
following proof of identification: ~ /v R I-cia Jtle >!.J f"p S I.. ;' r ~ F /'l~ f' .
L
./K--"'(;
A?TNESS my hand and o~cial seal in tbe County and State last aforesaid this d.;; day of
l.1~ L( S I~ . 2~:
(Notary Seall,"~~';~t"'.. Barbara M. Madden
':-'~~o;..~ ..
h'/~ ~;':f::cornn:umon # DD125274
~~',.A.i~E Exprres July 19, 2006
~t;O;f(()~~"" ~onded Thru
"'i/l1\" Atlantic Bonding Co,. Inc.
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r.~.-a1~' ' ...~
--..,.-
Notary Public
'.
. ~NBEACH' FLORIDA
Kurt Bressner. City Manager
~~~J
ATIEST: ~~
~'/n, '-
. CIty Clerk :;..:; .
4
-.
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
--.k'H' + 6 P-<5hn ffl , City Manager and "SC-<. fl-ef Ih. f etl, n do , CityOerk
respectively. of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed
thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this .::2& t7dayof
~e. tl+-e t?" be It ,200,j
,
(Notary Seal)
"'~V~/!"" Barbara M. Madden
~c::';.......~ ' ,.~_:....:
g~f~'~~'-U~on # DD125274
~~\, !~~ ExpIreS July 19, 2006
~"~;""?i f\.()~ ~nded.Tbru
',,,',,,,,' Atlantic Bonding Co., Inc.
~-l--}k.A~
Notary Public
';....
Approved as to form:
H--.ili}O. / qWo"
City Attorney
'.
5
'.
Palm Beach County Property Appraiser Property Search System
Page 1 of2
Property Information
Location Address: 7940 OVERLOOK RD
l'A1i;ii>i,MI"~PA4ik:AkJ
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-10-07-000-0050
Subdivision: TROPICAL TERRACE IN
Official Records Book: 15795 Page: 74 Sale Date: Aug-2003
l..ggiUJ2ggrig1iQI1: TROPICAL TERRACE LTS 5 & 6
Owner Information
Name: COPP DEAN H
~~il
Mailing Address: 7940 OVERLOOK RD
LANTANA FL 33462 6136
Sales Information
Sales Date Book/Page Price SalUype Owner
Aug-2003 1519517~ $95,000 WA RRANTY DEED COPP DEAN H
Aug-1991 06935J037Z $68,500 WA RRANTY DEED
May-1983 03956/0277 $56,000 WA RRANTY DEED
IPi8<"'t"",~~it;&.1
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
'y~EL Cod.~:
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1666
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
liciStNctu~Ji~J
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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C~ f+-~
http://www.co.palm-beach.fl.us/papaJaspx/web/detail_info.aSpx?p _ entity=0043451 007000... 8/19/2005
THIS INST AUMENT PREPARED BY:
James A. ChefOl. Esquire
;j099 East Commercial Blvd.
Suite 200
Ft. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ~ / IYt f ct:t.c /;
~'r ,
I~ /J-ed /7
H. (10 ,pp
, .
, 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
'.
foflows:
()O - 1/.3 - '/5'- ;() - 07- Od c? - {)O50
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
.. L~
FLORIDA, shall commence and be in full force and effect on the c::9 d day of
fl- fA J {/ <;, r ,20C ~_..-- and the powers and authority shall be irrevocable by
Grantee.
,-'vt.<[
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 82
day of fh..( ~r'J c.,J-- , in the year two thousand and f/ (.) € .
Sealed and delivered in the presence of
<..
Witness Sign ure
b .~~
. JlL.. IA v-p .). .
Printed Witness Name
&~ _.K/
Owner Signature
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Printed Owner Name
d-~
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Gp;:J
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(1-~~
gnature
~ CJI~'.L/A);;~ #14 ~P()
Prin ed ""tness Name
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Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNT'( OF PALM BEACH )
/'
!HE FOREGOING INS1J~UMENT was acknowledged before me this d::l.~y
of 3tl U&l1 & f . ..20Qi. by ,0 '("a.o H. {IO P ~ and
. who are known to me or' who have produced
F/tJrJ Ida f)R.r'fJr/c~' ^ /(1'/lS ('as identification and who did/did not take an oath.
I...--.t-t/...v~.i.-c,,- A. /7"1.. 4.d<fZ
NOTARY PUBLIC
"''j.V~t~,,, Barbara M. Madden
f',,~''E{~~co~on # DDl25274
~0.\Ai~= Expues July 19, 2006
;"~;E---.7~~~ Bonded Thru
",;P,-~-1~~\\" Atl~tic Bo:c.ding COOl Inc.
Type or Prirlt Name
Commission No.
My Commission Expires:
~ 0240 0262 I i ~ 124
... 2810 '2800 I 0730
2910 2890 2871 2850 840 ~83~
0280
I 0220 I 12~
1 in, = 175.1 feet ! ono
!
~670 Z68(J 690 ~70( '710 no 2730 2750 Z78(I 2790 121(
, 0210 0290
I I i , 0700 0800
i i I
\ PEl "-K RD 0200 \ I I 1200
!
2340 1233. i ! , 0190 0320 ! 0690 0820 1190
2311 2300 '290 280 ~27~ '26() 250 2230 221 2200 2180
i 0171 1180
r 0330 0671
0830 t
I ~11~120 I 1170
~( ~oo~ 2010 ~03ll 2040 1l06, 2070 2090 2130 2141 2160 ; r
j I 0160 0341 LO__
I 1160
0850
RU 0150 ! .
0360 0641
! 1690 ~68( 1140
730 no ~670 660 ~65( ~640 600 ~590 580 0140 , ~
1710 1622 1610 1560 I 0631 0870
I I 0371
! 0130 >----
0730 ~no 63~620 1120
0710 700 690 ~680 )670 660 [)65(J 640 610 600 [)590 I 0120 I 0390 0890
0571 0560 0610
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i j ,
I 0110 0400 0900 1110
i HI[. iHI aNn R ;
. ~
i 0100 0410 0600 0910
I I 1100
10~02( 1030 ~410 0420 [)44~5( [)4S0 0470 0481 0491 p510 0420 0590 0920 I 1090
0520 P540 [)550 ;
H 0080
U 0430 0930 J
! 0570 1070
;(1400 D390 !
1061 1050 0370 360 0330 P32( 0301 [)280 0070 0440 V 0940 I
0290 p270 p2Sq
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0220 ~24(J ! I 0960 1050
1360 ~ 16( 0170 D190 0540
0200 D25( ,~ I
1561 1040
i O~ 0970
I , 0530 1030
j J 1560
~15' ! 010 f 099011000
0130 120 0100 0080 07~ lJ06( I ij
pOS( [)040j 0020 I)010'~ i I 0510 1010 1020
il I
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; 0020 0010 ; 0020 0010 0020 001 OJ i
\ 3060 I
0030 0040 ,l 0030 0040 0030 00401 3~60
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's: 02( 01Q I 3050
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Location Map 7940 Overlook Rd j]'
The City of
Boynton Beach
City Clerk's Office
100 E. Boynton Beach Boulevard
P.G. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX (561) 742-6090
September 26, 2005
SHARON BOCK
CLERK & COMPTROLLER
PALM BEACH COUN1Y
RECORDING/ABSTRACT
PO BOX 4177
WEST PALM BEACH FL 33402
ATTENTION:
DAVID GILLESPIE
Dear Ms. Platt:
RE: ACCOUNT #1031 (9 PAGES = $78.60)
Please record the following documents as one (1) individual document:
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY UMITS AND
COVENANT FOR ANNEXATION & IRREVOCABLE SPECIAL POWER OF ATTORNEY
R05-154, DEAN H. COPP
PCN 00-43-45-10-07-000-0050
If you have any questions, please do not hesitate to contact me"
Very truly yours,
CITY OF BOYNTON BEACH
CC: Pete Mazzella
Sam Reep
Central File
PBC Recording Folder
S:\CC\WP\PBC recording\ 2005\Water Service\r05-154 - Dean H. Copp.rtf
"An Equal Opportunity/Affirmative Action/ADA Employer"