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R06-068 II 1 RESOLUTION NO. R06- oloe 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND RENE AND KATHY 9 GROSS; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 823 Palmer Road, Delray Beach, Florida 14 (Unincorporated Palm Beach County); and 15 WHEREAS, the parcel covered by this agreement includes a current single-family 16 home which may be replaced by three multi-family units located in unincorporated Palm 17 Beach County; and 18 WHEREAS, potable water and wastewater service are not available at the present 19 I time, but are in the process of being installed at the adjacent development. The applicant will 20 be responsible for extending these services to their current and future units; and 21 WHEREAS, no additional construction will be required by the City to serve this 22 property. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission hereby authorizes and directs the City Manager 29 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Rene 30 and Kathy Gross, which Agreement is attached hereto as Exhibit "A". S:ICAIRESO\AgreementsIWater ServicelGross Water Service Agreement.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 II Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this AL day of March, 2006. CITY OF BOYNTON BEACH, FLORIDA ~77~ ~ / ~o . ~oner , 2dJ ~(- "mmissio~er ~r. Commissioner Attest: ~ 1n. ~ ity lerk S:ICAlRESO\AgreementsIWater ServicelGross Water Service Agreement.doc ~~ THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 R o'=> - o'=> 8 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEME~T made on this ~ day of.!J1J 0Jt.eL , 200 ~ by and between i(;V\ e..- &Os.~ ~ ./(a...~ GyO~\. hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a ~cIpal corporation of the State ofFlonda, heremafter called the "City". WHEREAS, Customer owns real property outside bf the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the CityofBoynionBeach, 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 Systet,I1 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 3'~.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 se1iVi~e lines upon the Customer's premises. . 1 11II1I1I1IIIII1 H ~ 11111111111111 THIS INSTRUMENT PREPARED BY: James A. Cherat: Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 C:FN 200E.01 78:::198 qR BK 20109 PG 1302 RECORDED 03/28/2006 08:41:36 Palm Beach C~untYt Florida Snaron R. BocktCLERK & COftPTROLlER -,Pgs 1302 - 1313; (12pgs) ROb-O~8 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMEN:T made on this ~ dayof:m fA.Jt.eL , 200 ~ by and between .;(;-"', €- &O~~ ! .l(a....~ ~t"O~.SI hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a ~Clpal corporation of the State ofFlonda, hereInafter called the "Ci tyn . WHEREAS, Customer owns real property outside bf the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide wafer 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 Systet.n and the mutual covenant~ 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 ;3 J~. 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 sef\Vi~ 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 theCustomer 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 annexa.tion. 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 ann~xation.Customer will inform any and all assigns .or purchasers of any or part of this property of this covenant and of the . irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute 'a diminution or lack of consideration. . 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of a,ttomeyreferenced herein is to be recorded in the Public Records of Palm Beach County, Florida, 1Uld the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. lO. 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 ofIocal, 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 andnold 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 (wheth~r or not incurred on appeal or in connection with post judgment collection) and costs rising out of'prresulting from the Customerts 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. . ". 'K-- . ~ITNESS WHEREOF, the parties hereto have set their hands and seals thiS:?? 'I day of ~,200~. -- .. -- ,-. .. . - . > - - - ~ ~---. '. '- ~~~ Witness Signature ~ o '/..?eUf> hY(!)S'J' . Printed Witness Name Printed Owner Name ?~~~J&L~ -/ ~ . ~ Witness Signature /~ C>:>~ ~fr)~/A- ~t0ht5)/ Ac;~. 6^~ Printed Witness Name ' L~Q lr\ S OWNER(S): -rervell 3 xi~~ itness Signature . .. LeQh -rerre{ ,_ Printed Witness Name ~~~ ~Jr'--- Witness Signature 81-/"/; /A ):;LJ/?Lsk,r Printed Witness Name ~.~~ ,../" Owner .,. tU,re ~LW~. 'Printed Wller Name FOR INDN!DUAL (SYNOT .ARIZATlON:- - . . . .: I " .....~. STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) \ (Notary Seal) :\;......, pfJ. - '" ..~.~..~ PATRJclAKOWAl.SK' * MY COMMIssION, 00_78 "~ ,. EXPIREs: ~ " 2007 "'~"onl~~ ~Tlvu8ud,ltHellry~ 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 P...c.?A7--'2 . /'1./Y7d K~~ G~ .. tome known to be the person( s) described in and who executed the foregoing instrument that he/she acknowledged before me that helshe executed the same; that the individual was personally known to me or provided the following proof of identification: X- I -r. WITNESS my hand and official seal in the COlDlty and State last afOl1.esaid this c:2 ~ day of ~--'JnA' ,200~ .' r&<<:v ~~,(r- Notary Public CITY F BOYNTON BEACH, FLORIDA d ~ 11 A 11.(( ~AJi'Y1JII( ArrEST: .~ 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 J{~rf 8 rt:'~c;.c:;. n. €.t' , City Manager and 7rfJLJ1<P_f. {Jr~nif-n , 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. WITNESS my hand and official seal in the County and State last aforesaid this ~~ day of JY)tlA~L . ,200l2. ~ ,a/. . (Not "~",,... ". VALORIE MOATS t.'"t.r!J).'" ~~ MY COMMISSION 1# DO 346198 ~~~~1 EXPIRES: September 17, 2008 ."'~',9f.:t~~..~ Bonded Thru Notary Plbfic Underwriters 7YM;e..-' nJp.o;f;,r" Notary Public ~.d~as..tofo.rm:. ~ ~~. Ik S4 . Attorney 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 . ~~H,~~~-c::'F-;Y ~t"pt)ity Appraiser's Public Access f-ys!i;r ~ :<f ~'f~'1TWtt::bfh;{MY~,f~~ ~ fm:. %'~~;'ffi.~~", ~1~~ 'if', ~l""'.>',," ......,~ ~ "" '"'" . I"" filii '" '~ \ , )', ,", . '::::J;i ~~'jV~\l'"",/1,t,,"'."'" ~'^, ~\.' I'J'" .. J' ,^~. y ;; ~ ""'"~ ""'&;% ~'" '''' '" ~. . ""'~#,,~r-' ("'~~ t _~"",iiffil~,_,__ _" Property Information Location Address: 823 PALMER RD '-' Municipality: UNINCORPORATED Parcel Control Number: 00-43-46-04-00-001-0400 Subdivision: Official Records Book: 09553 Page: 1840 Sale Date: NoY-1996 4-46-43, E 250 FT OF SLY 144.58 FT OF NL Y 622.40 FT AS MEASURED Legal Description: ALG W LI OF FIND CNL IN GOV LOT 1 LYG E OF SR Owner Information Name: GROSS KATHY R & '~wMQWnara~11 Mailing Address: 823 PALMER RD DELRAY BEACH FL 334836315 Sales Information Sales Date Book/Page Price Sale Type Owner NoY-1996 09553/1840 $261,900 WA RRANTY DEED Oct-1996 2.9494/0103 $100 CERT OF TITLE Sep-1992 07443/0465 $100 QUIT CLAIM I~AlhSa1.-11 . "WI' Exemptions Regular Homestead: $25,000 Total: $25,000 Year of Exemption: 2006 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 Tax Year 2005 Number of Units: 1 *Total Square Feet: 2841 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: ~.,,,...............,,. 8,0;;-" .',. " . - ,- . .c-. ',' Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ ~- . ...>. ...., '-'~~~JI ~1""~;~1' 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. ~~U4 http://www.co.palm-beach.:fl.us/papalaspxlweb/detaiI_info.aspx?p_entity=0043460400001...1/31/2006 Search Result Page 1 of2 Document Detail Type: D Date/Time: 12/4/1996 08: 19:29 CFN: 19960422414 Book Type: 0 Book/Page: 9553/1840 Pages: 2 Consideration: $261,900.00 Party 1: HOME SAV AMERICA Party 2: GROSS RENE HELMUT & KATHY RUTH GROSS KATHY RUTH (M) Legal: Copyright @ 2006 by NewVision Systems Corporation. All rights reserved. http://oris.co.palm-beach.f1.us/or_webl/details_des.asp?doc_id=2532316&file_num=1996...1/31/2006 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Ahn 8.e~ I/We, ,h)P/Jl? Qvs.r + /~ 6/?c)5{, 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 shalf extend to the CITY OF BOYNTON BEACH full. and complete authority to. act on Grantee's behalf to. accomplish ann~xatio~ by any available means. The real property which ;s the subject of this power is described as follows: tJo- 43 ~~ - ot./ - to - CJ() I - 0 y00 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 ~/J{(lF5V . 20 db and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our'hands and seals the d.L/~ day of~ ~ ' in the year two thousand and ::::2-(h:fc.,. Sealed 'And delivered in the presence of '- D 0 D .h j.Q SI 9.J! Q R CJJr~ess Signature Le~ TertF,LL- Printed Witness Name ~~. 1/ . /} j ,-- "./ A..- A-..t1-u:J A..f/ f _ . itness Signature h I,,/c/~ . /6A-//4Cs~, ,- Printed w~ess je VJ QaJLJQ1QyQ ~ness SIgnature LPal'1. TeAf"f e1 ( ~~:a~-hu~L - Witness Signature ~/~/~/~ ~~jALsk, - Printed Witness Name 4D~ STATE OFFLORfDA )' ) 5S: COUNTY OF PALM BEACH ) THE; FOREGOING INSTRUMENT was acknowledged before me this c;?-I day of ~ ' 20<1(" by 7? <W< ~ C; A L>..a..J. . and Ie ~ .. , who are known to me or who have produced . " as identification and woo did/did not take an oath. ~<.~~, K-'-.JdrL ~ NOMRY PUBLIC _ /7tf1l-r/c //9. ht.u/1Ls Ie I Type or Print Name Commissi~n\ No. +()'':':Y';~~t> PATRICIA KOWALSKI ... &~ . MY COMUISSKlN, 00 265878 .,.~.. EXPIRES: NoY8mber 11, 2007 ""?, OF Fe rP-~ Bonded TlIIu B4Idget Hollry Services My Commission Expires: POAINO TODAY'SDATE: . CURRENT SERVICE REQUEST: FOR OFFICE USE ONLY CustODleT ACCOOtIr Number pLEAsE COMPLETE ALL INFORMATION , . initial Date Sen>ia! Requested: Deposit Amount: $ CUJDI LOcJDI Acconnt Name: </(e 14 e 61''' S J SerriceI..ocation;-B 2 ~ ~"'" W M3m0gAddressfd'diCferent): ?ac-.L C(tl;;t, {;y Os-.r ~ot. J rU1 A,Lct, =ft~Jlt??5 B__No.(5<lj 'i- Z =="::~~""f75 -~l~i flJ1f OO'-Ql :b (i ~Zd7Zf ==?At;flj;Jj;~-~.u: -= P.." . _.. &.pJoyers Address: I - - uJ~ c..., '# 07 I ~ &.g, Date~Birth:' I I ~I I ('~S. Ail~d '171"S "'()SS~",.,A()l.". ~ wish to receive a Bank Draftiug application? tY..!? ~or Tenant (circle one). H~~please provide ~ormation 011 owner of location: Owner: " Telephooe No. _ PREVIOUS sERviCE RECORD: Have you had ntUity service with tbe City of Boynton Beach before? ve J . It yes, please give the lonner 3CC01111t DaIJle aDd address on ~ nezt h<<; { tJ",,' .{.(,,{ A...., c...... ~ 1/2 () S. ., ce(o N ~ IAJ.. y :JiJ NlIJIle '''T . . tI PLEASE MAKE CHECK PAYABLE TO: CITY OF BOYNTON BEACH 'j$ (frY ~ CUSTOMER RELATIONS 100 E BOYNTON BEACH BLVD POBOX 190 BOYNTON BEACH, FL 33425-0190 Please make sure the infonnation completed on the front of this Corm is correct before signing tl1is:applica~on. By signing below, you acknowledge and agree to the follOwing: l' Jrave received a copy of tire City of JJoynton Bead) "Guide'to Water aDd Sewer Service" which '. outlioes customer 8Cro1lDt biDiog Procedures, polides and fees(induding possible $20 turn-on fee to be biDed to tIie account). I ~erstand .that all meters are and remain the property of the Utility DepIll1ment of the City . oflk!yntc)O Bead!, and that no person shall maliciously. wiUfuUy, or negligentJy bFeaJr. damage, destroy, mM;over~ delete, or tamper with any structure or apPurtenance Or equipment which is part o~the sewer or waterworks systems of the City. . I understand that it is my responsibility to coDtact the Utility Department otthe City of ,Boynton Beach if I wish to cancel utilities services to the Service Location. By signfug tIIis application, I understand and agree that the City oC Boynton Beach shaD not be respo~ole thr any wa or other claim, loss, or damage whatsoever~ arising out of or Anllny~y c:onnected the ipitiation of utiIitifs'ser1'ice to the Service Loa:ation, including /' ~~mages * m the neg.6geoce of the. City, its emp~yees or ageuts.. /0( 00-7 /' 2tl t/b' Date . Applicants may also drop off applic:ation and all applicable deposits at Oty Ban m the MaD. located at Boynton Beach MaD nm to BonIibes. Hours of operadoa are~ IJanIIflb Friday 10M.8JD to 7:80 Pm. Satunfay 10:" am to 3:00 pili aDd dosed on SaD~ aDd ~ AU appIkatjllllS will be Processed the following busilleSs day. Deposits lDust be JDade by check'or DIODe}' order 0DJy at Oty Ball m the MaD. ... 1 in. = 55.1 feet ) / 0330 823 Palmer Rd 0130 0090 I ~1 I I I tMER_-_ rrr. ~ 04.00 ') I 0390 0240 Google Local - 823 Palmer Road, Delray Beach Page 1 of 1 http://maps. goo gle. com/ 3/2/2006