R06-178
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RESOLUTION NO. R06- Ii 13
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 BELKIS ALVAREZ
AND CAMILO NUNEZ; 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 1119 Highview Road, Lake Worth, Florida (Ridge
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Grove Add No 1, Lot 203); and
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WHEREAS, the parcel covered by this agreement includes a single-family home
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located in the San CastlelRidge Grove project area; and
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WHEREAS, water distribution main improvements has recently been constructed by
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Palm Beach County as part of a neighborhood improvement project on this street allowing
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for the service to 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
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
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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, F]orida and
30 Belkis Alvarez & Cami]o Nunez, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreernents\Water Service\Alvarez & Nunez Water Service Agreement.doc
"
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of October, 2006.
Attest:
CITY OF BOYNTON BEACH, FLORIDA
/
L:_-~'O'- .
lssioner - Mack McCray
~~t_ ~~~
Commissioner - Muir C. erguson
S:\CA\RESO\Agreements\Water Service\Alvarez & Nunez Water Service Agreement.doc
111~111 U I HI I m II ~I/IIII~II.II
THIS INSTRUMENT PREPARED BY:
Jani' /\ Cherof. Esquire
(ion-:l, ('herof, Doody & Ezral, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CF' N 21Z1'~)I=j.0E)Qi':3CZl9-7
OR BK 21007 PG 0843
RECORDED 10/25/21~06 IS, ill;, 47
Pal.. Beach Count!" Flori.da
Sharon R. Bock, CLEI~1i & COIIPTROLLER
Pgs 0843 .- .051.; ('91'9")
g()~- nlS
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT IT!ade on this ---L.R.- day of So f-h'" nA ~.,-( , 200 i...., by and between
~~ \\.:,' ~'Ja I-. '-- ~.........~ t--.t , ,,-),j~ ). hereinafter called the "Customer", and the
CITY OF BOYNTON kEACH, a municipal corporation ofthe 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 jurisdictional limits on annexation ofthe 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:
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 R 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.
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
nee ::""c'Y 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 ofthe 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 I of this Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, 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
S:\C^\ACiMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
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prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
01""1 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.
II. 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.
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)
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(~~ \L" ~ \00-.1<.-2 C-h".t\ '-.-) N'. 0,)~ ~ 1..1 (INSERT NAME)
,
\' IN WITNESS WHEREOF, the parties hereto have set their hands and seals this A day of
~p-{,s;>.--A S^ , 200~
1
(S) AS OWNER(S)]
i<;~
WITNESS:
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
-
STATE oFj2t9l1Aa..: )
. ) ss:
COUNTY OF Pn U11LB Wf't.}
Owner :l;ign ture
12>,; \~::\ }\\ ,lfl' (I.. I
Printed Owner Name
ill-.,~ {" ;--{ . ilJ ,) A.t 1,
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I fe;! .~,
-r"
o r Signature
~ e Ik;~ /~ ,)Of-l-l- .
Printed Owner Name!
~!S
<l../:>N'<(" /--1. ~V;:;".J! u
v
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
~lIr\j\llo J,L'Il~? t.B,'lk'5 4\u..,p>2..-- 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;)1 CD L
;/ _ WI!NESS my hand and official seal in the County and State last aforesaid this ) f? day of
p,J1Y;~.l.... ,200L
(Notary Seal
W,.<(i\\j\~~ VAlOflIEMOATS
'.i ,~MY COMMISSION' DO 346198
ifi.. ."" .. r<lllI>tAES: Septemoe, 17, 2008
>.."" """"""""""'''''''''''''''''''''
My Commis
i(; h~UI~
Notary Public
fY1 ,(lfl ~
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
('OV~~ANT FOR ANNEXATION.BETWEEN THE CI:" OF BOYNTON BEACH AND
I6Q \~, ~ t::-,. \VCA.te ~ ~ M---. \;-, M . (JJ <,) ,..& L (INSERT NAME)
,
CITY OF BOYNTON BEACH, FLORIDA
a Florida . nici I corporation
Kurt Bressner, City Manager
,~~
~~~~.
Cit Arney
)
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-Xand in the County aforesaid to take aCknowle~ents, personally
appeared U (,1~N..s5n.</Z-r ,CityManagerand Ta.-l1.e, f cu 11 \ +0 -y
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.
_0 WITNESS my hand and official seal in the County and State last aforesaid this -4!d- day of
C~ ,> ,200k
(Notary Seal) L~ Yj 7 P-aA-
Notary Public
......\........ VALORIE MOATS
, <;I~' ~\e ~SS\ON I DO 346198
,.., :;r~PIRES: September 1/, 2008
':.':!';'f"'v~7 6OndId1'hrUNOIIlYPl.IbIk:UMlrWritIrI
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S\CA\AG-MTS\Water Service\Water Service Agreement - Rev 1-{)"'()6.doc
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THIS INSTRUMENT PREPARED BY:
James A Ch~'~01 !:squire
Gorep f-.fle,,: Duodyand Ezrol. P.A.
3099 I-;a-"\~_J!~:tilercial Blvd.
Suite 200
Ft. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF 'fJ(R~_ &cL
I/We, rnm',lo.-.M. MiJf)""Z 1- blk"i AIv'arf',7~ , 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 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 real property which is
the subject ofthis power is described as follows:
PCNNo.: 00-(1,1- Lf5-0Cj - or; DOO-~Q3D
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
__ __________, 20_ and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the d day of
~ ~ r-k. in the year 2~ I~\
Sealed and delivered in the presence of
ture
,j I Ii (>0 1m 0 b ,'-"'it.;> I~(
,
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Witness SignatUre
/liP/-{ T// /:} J f)P L: .z...
Print Name "
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A1-fp..v.w I ^k 12- "L-
Print/Name
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Owne i
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Print Name
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Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
rL:]l- .
/1/ 5,).0- jij- (,,7- [7'1 -v
A 'i I b - OlJO. 7;1 -.5WV
j THE FOREGOING INSTRUMENT was acknowledged before me this 11L- day of
(nt, 20lLk, byl.'o.J'/'\\oM tJ""r"'2.!:~k'~ C'!MHf'2- and
1
who are known to me or who have produced
, as identificatioZd who did/did not take an oath.
7, It.HiD iff/- &-oAl
:0:~~r~BL~ nQ-(S
Type or Print Name
...,.'$i'~~, VALORIE MOATS
!.~~."'t.\ MY COMMISSION' 00 346198
w_ : i EXPIRES: Sop1ember 17. 2008
"\.~iif"' BoOOedThruNotaryPublk:UnclllWritlrs
Commission No.
My Commission Expires:
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