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R05-170 Office of the City Clerk City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425 TillS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire . -, r ..' 3099 East Connnercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 I T ".1 (' .'~'"'-:.' ~ ' -~ r' C .A r ~'~ /111 1111"1/11111111111111111111111 If'" 1"0.' _ CFN 200<=n..EE98 - ~I"" "_ 6'3 DR BK 19456 PG- <= RECORDED 10/31r)nr.n.1: 10 ~0~'71 L1m[I.1 : L . 49 Palm Beach County Flo'd' Sharon R B ' T~ a Pgs 0571' _ ~~9k,CL(9ERK & COMPTROLLER .J ,,; pgs) I " r.;j I..' '. " Ros - 1,0 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY UMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this II~ay of tl ~ , 200~: by and between DeSIre! May-d) - ,vt~~a.._ bereinaftercalledthe"Customer",andtheOTY OF BOYNTON BEACH, a m 'Clpal corporation of the State of Flonda, heremafter called the "City", WHEREAS, Customer owns real property outside of the jurisdictional limits ofthe 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 jurisdictional1:imits 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 -Ld 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 " 1 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of OeTOB~ ,2005. 2 , I 3 ! i 4! i I! 5 I: 6 ! 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 2 27 CITY OF BOYNTON BEACH, FLORIDA z;;;ner (~ Commissioner Attest: n. . L Ynr~ S:\CA\RESO'Agreements\Water Service\Mungra Water Service Agreement.doc Office of the City Clerk City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425 TillS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire 3099 East Connnercial Blvd, Suite 200 Ft. Lauderdale, FL 33308 Ros-I,o AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TillS AGREEMENT made on this I' ~ay of tl ~ , 200~, by and between De'Slrd M a y-dJ - ,vt ~ ~a.. _ hereinafter called the "Customer", and the OTY OF BOYNTON BEACH, a m Clpal corporation of the State of Flonda, heremafter called the "City", WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional1:imits on annexation of the property to be serviced into the City at the earliest practicable time. ~.': NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, instanation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4, Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5: Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6, The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances -and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City, 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connect~g to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9, Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. 11ris Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns, 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohIbitions, restrictions, limitations or requirements ofloca1, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or tennination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's . reasonable control. 11, The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its.Mayor, Members ofthe 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 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 in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set theiihands and seals this '2-; "'-<-dayof Au.6<J,sf ,2002. - 1 ess SIgnature ; ~s.t S~J}t) Printed Witness Name " I' )7.. e{j[(-Z~ . Witness Signat U af <Q I~ If (i ()cj/}J ~ ^-/{ Printed Witness Name / INDIVIDUAL(S) AS OWNER(S): ,. .@~~-~ , Owner Signature _v~{~ MArtlrJ- MLlN.6eA \ Printed Owner Name J:Jl~"~' 3 ~~~ "'lA-ekT- MLttJ&M Printed Owner Name ,rL~_ O:tJDiUtU ~'" /1 '\~ Witnes Signature ~ Witness Sig~.~t1el )vi (( I ~-x) LJ ,-( a- Printed Witness Name .. ~ ~.. U,,-- Owner Slgnat e FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) S8: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County, aforesaid to take acknowledgments, personally appeared 'U<?/SI (e L rY\Qrct;J .- (Y1 u (Jj r a to me known to be the person(~) described in and who executed the foregoing inst~t-hat-he/~owledged before me that ~/she executed the same; that the individual wa(peisonally known to ~or provided the following proof of identification: [\ _WITNESS my hand and official seal in the County and State last aforesaid this~~( day of ~~ ,2005 (Notary Seal) FaD.....,. .... f\tIIID . ... aI fIaIIdD t~~ STATE OF FLORIDA ) · ~~f1/i4' 'do.;Jolw) .~ Notary Public ~kEACH'FLORIDA Kurt Bressner, City Manager ATTEST: .~;f'",_ '. -.~=~ - -,_"C'..;;.Y ) 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 t~ aCknOWle?ments, personally appeared t Ct. e.i- ~ e oft."1l ~ I. , City Manager and J 6. ,,'- t ,.... I} (l , (llf<5 , City Oerk 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 I yCK- day of (je~ b f/Z... , 20~ (Notary Seal) ~A.Izc~ Notary Public Approved as to form: ~-~ City Attorney ,'. ,. ,. ~ t () b~ '. "i 5 " Palm Beach County Property Appraiser Property Search System Page 1 of2 _;'~;:~~'Y " ~(f>l!.rt}', Appraiur's Public Aocus S)'Slftrl ~~l;,.. r" .. ~ ^ -"" .~ r; .. "f f,:,,' r } ,- ...,.. ",," "Z t '",,' B$>o>-,%s" A,., ~''''''''''~"^'""A Property Information Location Address: 7823 LOOMIS ST t......... .....VI.. ...e.w... .....,.. ". ~""'T+i'.'"""" I <=$:--<J'-,?'::.~A"'~'t~---="" .', -.-.- ,- Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-1330 Subdivision: TROPICAL TERRACE IN Official Records Book: 12185 Page: 1240 Sale Date: Nov-2000 ~ Description: TROPICAL TERRACE LT 133 Owner Information Name: MARAJ- MUNGRA DESIREE l AIIOVJners~.. I ~:1,.:-~~;i~~~~~-"- to< -,;,,-- -:.v"," 'ilii-:G Mailing Address: 7823 LOOMIS ST LAKE WORTH FL 33462 6119 Sales Information Sales Date Book/Page Nov-2000 ll185/1240 Apr-19981q;3..9~11QJi? Price ~~J~J:ypt;! Owner $57,500 WA RRANTY DEED MARAJ DESIREE $40,000 WA RRANTY DEED DEARBORN TARA M Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Y~e_(:Qc:te: 0100 2005 2004 2003 46,822 41,960 38,206 28.506 15.663 14.080 75,328 57,623 52,286 Tax Year 2005 Number of Units: 1 *Total Square Feet: 636 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: ~J:lGII"l Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2005 2004 2003 223 206 194 243 191 192 466 397 386 l,,~~,q~.~tlil Lv "~!!~'~""J' ,,I l'R:s~,~rch,J lP~.pa~] [.""iki."...,fril"lt"''''~kl ;->0~- - '-'!~ .ii<~""ll}"- . - -'_._-J-~-"""'-"t- "'''',:--',---,- ^---'~'*.'k>-- .-----,"~-" ____A~~' <- _'_A=_A ---->.<~.-'-. -~- fW""'\( "-~'''''~ ''"r' ~'1~'" - ~-~.. 1l1' <~ --p.," I ff~-' . NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. ~~O[Q~_aL<:tl I Lnformation I E1<~milliQI1~ I~OJI1rDlmity I t'mp!QyJIlf:lJt I N_~t1[L!lJ~lilJ\lf.r I Qffir~J.Q.C<3.tiCL~ Vaw.E;' AdJ(j~I}lt:'IJ1~Q.)rci I S.E'.'(~_Qijr tlQnJ~s I SQ1i9Lt:QJl1Q.r I DisgallT;Qr Home I lll2ks I G!gg;Qr\l I E,AQ I Fgrm~ I ~PlltactJ)5 I E.A]>}I E~t..'t t) ;+ -A- http://Vvwvv,co,palm-beach,fl, us/papa/aspx/web/detail_info.aspx?p _ entity=004 3451007000,., 8/29/2005 THIS INSTRUMENT PREPARED BY: James A. Cherat, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF 'PALM B~C+\- ,.,rr, - I/We, 1)~iHZec MAUT - Ntu..~~ , 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: 330 i CXJ-- 43- liS - /0 - (j7 - (jCX).~ / The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 'U'; ~ day of h.-&l.Lsr , 20Q.,2 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the 015- day of Autjt./Jt , in the year two thousand and f7(/G ealed and delivered in the presence of Y- 9-~~'-Y~ Owner Signature ; H.. Witne s Signature . '1lo~ e q<?J'-I-v Prmted Witness Name 1 ~tek- ~S - Mt.UJ6tf!A Printed Owner Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name of STATE OF FLORIDA ) ) ss: COUNT'( OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this ~5{.l4day ~49()',+- . 200~ . by ~,~~' ~Or<ti- fY)Li"9rQ. and , who no _ _ mW or who have produced , as identification and who did/did not take an oath. ~\JdtLu1; ~t#hr) XYLfiVI!~ NOTARY PUBLJC L Felic /t( La I/e r/) 610 u<?~ Type or Print Name Commission No. p 7J 3lO-G 17(P I i I i . V2IO I 02111. II' / Oltoll I 01ti0 I 1260 t 12M 02<<l I 1m2 11 I I 0110 !. 12AO I 0211O I I 0730 ! 0220 ~ I 0720 I 0180 I 1220; 1280 I -;; i "" ~-1::1 :: :: '* ... ~+-d i '* ,. 0171 0330, I! 0871 ! 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