R06-066
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RESOLUTION NO. R06- o~lo
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY
OF BOYNTON BEACH AND REICHARD HOLDINGS,
LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
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water and sewer service area, located at 7755 Loomis Street, Lake Worth, Florida (Tropical
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Terrace Lot 126); and
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WHEREAS, the parcel covered by this agreement will include a single-family home
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located in Tropical Terrace project area; and
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WHEREAS, a water distribution main exists in the vicinity allowing for the service to
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this parcel; and
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WHEREAS, no additional construction will be required by the City to serve this
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property.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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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.
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Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Reichard Holdings, LLC, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Water Service\Reichard Holdings Water Service Agreement 7755,doc
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Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of M A~C.H-
, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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11111111111111111111111111111 II 11111111 II 11111111 IIII
nns JNSTRUMENT PREPARED BY:
James A. Cherof. hsquire
Goren., CheJ\)I: Doody & Ezrol, P.A.
3099 Bast Commercial :Blvd.
Suite 200
Ft, Lauderdale, FL 33308
CFN 200601741('1(;
OR BK 20100 PG 1255
RECORDED 03/24/2006 14:11:01
Palm Beach County, Florida
Sharon R~ Bock,CLERK & COMPTROLLER
Pgs 1255 - 1267; (13pgs)
Rolo -olob
AGREEMENT FOR WATER SERVICE OUTSIDE
mE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this cffI.:J... dayof:JnfJJt.e.L, .2oob by and between
/faQltMJ:> J.kJt-PI ~ s: . LI.C- . (Name of Corporation), hereinailer calledtho
"Customer", and the CIT . OF BOYNTON BEACHt a municipal cOlJX?ration of the State ofFlorida,
hereinafter called the "City".
WHEREAS. Customer owns real property outside ofthejurisdictionallimits 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 bas the ability to provide water service to Customer's
property; and
WHEREASt the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictiona1limits on annexation of the property to be sei-viced into the City at
the earliest practicable time.
NOW l1IEREFORE, for and in consideration of the privilege of receiving water seMce from
tbe Municipal Water System and the mutual covenants expressed here~ the City ofBoynton Beach
and the Customer, his heirs, SUcCessors and as~ agree as follows:
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
don and inspection of the fiI.cilities as required by the City of Boynton Beach Code of
. Or' ces orLand Development regulations to provide service to the Custom.ers premises. The
Custo er shall be responsible fur installation in confurmance with all codes, rules and regulations
applic bIe to the insta1lation and maintenance of water service Jines upon the Customer's premises.
All su h lines shall be approved by the Director of Utilities and subject to inspection by the City
1. The City agrees to provide Customer with water service from its Municipal Water
to service the real property descn'bed as follows and which Customer represents is owned by
r: (Exhibit A)
2. The Customer and the City hereby agree that there are:;. V Equivalent Residential
Conn ctio:os which City shall service.
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Engineers. The City shall have the option of either requiring the Customer to pexfurrn the work
necesSary to.conform the lines or the City may have the work perfonned on be.baJf 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 conu.ection 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 sball 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
aDDeJaition is initiated. The property shall be subject to annexation at the option of the City at aDy
time the property is eliglble under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property ofthis covenant and of the
irrevocable speciaJ power of attorney, but Customer's fBilure to provide such notice shall not
constitute a defense or bar to the Citys rights as set forth herein. The Customer acknowledges that
the c.onsidemtion of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or Jack of service shaD in no way impair the
power of attorney nor constitute a diminution or Jack of consideration.
9. Annexation is intended to be and is hereby made a COvenant running with the land
described in paragraph] above. This Agreement and the power of attorney rekrenced herein is to be
recorded in the Public Records of Palm Beach County. Florida, and shall be binding on the Customer
and aU S1.Jbsequent transferee, grantees, heirs, SUccessors and assigns.
10. It is agreed that the City shaIJ have no liability in the event there is a reduction,
impairment or termination in water service to be provided undertbis Agreement due to any
prolnbitions, restrictions, limitations Ot reqWremeuts ofloc8l, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability iO. the event
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there isa reduction, impairment or tennination of water service due to acts of God, accidents, strikes,
boycotts, blackouts. fire, earthquakes. other casu.a.1ties or other circumstances beyond the City's
reasonable control.
11. The Customer hereby agrees tQ indemn.i1Y~ defend and hold hlUmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Offictn, employees and agents
(Both in their individual and official capacities) from and against all claims, damages, law suits and
e'Xpenses 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 unde.t or
perfOrmance pursuant to this Agreement including disputes fur breach of warranty of title.
12. No additional agreell1ents or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No. modifications or change in this AgJ:eement shaD be
valid ~n the parties unless IDwriting 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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~tness Signature
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Printed Witness Name
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CORPORATION AS OWNER(S):
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Printed Witness Name
{CORPORATE SEAL}
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STATE OF ~~/~A- )
COUNTY OF j?'M 61::AeH
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r HEREBY CERTIFY that on this day~ befure rre~ an officer duly authorized in the State afOresaid
and in the County afuresaid to take ac.knowled~ personally appeared
'::56""", y. I?~~o m as ~\o~r of j?el'~O ~U>\"'I~S~L&..t.named in the
furegoing agreement.and that helshe acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in bimIher by said Corponttion and that the
Corporate seal affixed thereto is the true COrporate seal of said Corporation
WItness my hard and official seal in the County and State last afuresaid this ~ day of
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AGREEMENr FOR WATER SERVICE OUTSIDE TIlE CITY LIMITS AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
f<e"J...t<wA Ilu/,,.t'.....4.i Lt..c (INSERT NAME)
CITY OF BOYNTON BEACH7 FLORIDA,
a Florida m . . ipal corporation
(SEAL)
Approved as to Form:
4J~
Attorney
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afuresaid ~ Jthc County afuresaid to take ""knoW~. personally
"J>peI1(<d ~ .CityMauoge.faod~ ~ .
City C~k respectively, of the City named in the furegoing eement 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 sea) affixed thereto is the true corporate seal ofsaid City.
VIII WITNEsS my hand and ~piciaJ seal in the County and State last aforesaid this ;}-- d- day of
I r IMQ/1L. ,2OOlf
(Notary Seal) , .
J'~~~ Notary PUblic Stale of Florida
. . Carol A Mahoney
\; · My Commission DD460414
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My Commission Expires:
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Division of Corporations
Page I of2
Florida Limited Liability
REICHARD HOLDINGS, LLC
PRINCIPAL ADDRESS
7601 WEST LAKE DRIVE
WEST PALM BEACH FL 33406
MAILING ADDRESS
7601 WEST LAKE DRIVE
WEST PALM BEACH FL 33406
Document Number
L03000017998
FEl Number
331058931
Date Filed
05!l9/2003
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
Registered Agent
Name & Address
POSNER, MICHAEL J ESQ
4420 BEACON CIRCLE, SUITE 100
WEST PALM BEACH FL 33407
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anager em er etal
I Name & Address II Title I
REICHARD, JOHN P D
760] W LAKE DR
WEST PALM BEACH FL 33406
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Annual Reports
Report Year 11 Filed Date
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http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =L0300001 7998&n2=NAMFW... 2/23/2006
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"
THIS INSTRUMENT PREPARED 8Y:
Jame:) ^. Chero( Esquire
City of Bil)!;; t\JTl BCll.:;h
100 E .,Boynton Beach Blvd.
BoynlOn, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
l, "3csl\~ {! eelC.l\~ PJ:, as Corporale Representative of
'i?el"'~" l-loU>I......., Ub 1itremaJfer "Grantee", hereby make, constitute, and appoint
THE CITY OF BOYNTON BEACH, FLORIDAt true and lawful attorney in fact for Grantee and
in Grantee's name, place and stead. for the sole purpose of executing on beha.lf of Grantee the
POwer to initiate, maintain, and complete a vohmtary 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 rea] property which is tbe sul:!ject of this power is
descn"bed as fOllows:
PCNNo.: 00 '13 <I~ 10 0-' 000 12../;o
The powers and authority of my attorney. 11IE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and bC in full force and eflect on the 2.,. day of
./isIItUIfc.., , 20 ~ and the powers and authority sball be irrevocable by Grantee.
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IN WITNESS WHEREOF, we have hereunto set OUT hands and seals the 2., day of
r68LvMt ' in the year 20~ .
Sealed'and delivered in the presence of C
~ L ~ - Corporation Name:_~c"'l/IU) 4'DI./5 S. /..'-L
WItness Signature
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Print Name ~ ~
Print Name and Title: ~*to1 Y. Rb'C~lW'l>:m-
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COUNlY OF k Btf~J.J
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I HEREBY CERllFY that on tlm day, befure me, an officer duly authorized in the. State
afOresaid and .in the County aforesaid to take acknow1edgIOOnts, ~nalJy appeared
:sD.lN ? !ZululMD!1l. - as 7_........- of ~6IaI1'oItb ~DI..S"-LLlnamed in tho
furegoing agJ.'eeJl)ent and that befsbe acknowledged executing the same in t}i, presence of two
subscribing witnesses freely and voluntarily under authority duly vested in himI.her by said COrporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation
Wltness my band and official seal in the County and State last afu:resaid this ~ day of
Fe8iu~ ,20~.
",~~~Y>,_ John Bryan ~ ~
~~~~'::. Commission #DD297960
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My Commission Expires:
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