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R07-148 II 1 RESOLUTION NO. R07- (4 B 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 HAPPY BIRTHDAY 9 LLC; 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 1162 Highview Road, Lantana, Florida (Ridge Grove 14 Add No.1, Lot 176); and 15 WHEREAS, the parcel covered by this agreement includes a single-family home 16 located in the San Castle/Ridge Grove project area; and 17 WHEREAS, a water distribution main has recently been completed on this street, 18 vicinity, allowing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 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. 26 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 Happy Birthday LLC., which Agreement is attached hereto as Exhibit "A". 29 30 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Water Service\Happy Birthday Water Service Agreement.doc II 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 30 PASSED AND ADOPTED this ~ day of December, 2007. Attest: CITY OF BOYNTON BEACH, FLORIDA Connnissioner - Woodrow L... ~ /Ja ->>~d?-<-~~ Commissioner - Marlene Ross 'tn. p~ S:\CA\RESO\Agreements\Water Service\Happy Birthday Water Service Agreement.doc -- --- ".., " UI 11m JJ 11111111 II In 1111I1111I11 II/II 11111111 TIllS INSTRUMENT PREPARED BY: James A. Cherot; Esquire Goren, Cherot; Doody & Ezrol, P A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 200705733'37 OR BK 22340 PG 1374 RECORDED 12/26/2007 09:44:41 Palm Beach County, Florida Sharon R, Bock,CLERK & COKPTROLLER Pgs 1374 - 1382; (9pgs) n R07 - 148 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION c> co <- "").. Z I -J L.) -i =4-< -<0 ...., C) ;-GJ ,ej c::> ~.:v-< :.:.;{-:: /i-l - 0 oz :x:- 'Jt: := "0) THIS AGREEMENT made on tIDso<" day of ~~ ,2002, by and be~n ~~ #/9.PP'1 {j J e:r~ '1 It fl (Name of Corporation), hereinafter calIeJtk ~ "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the 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 WHERI;:AS, 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 Mumcipal 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 descnbed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are I. t/ 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 r- 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 Distnbution 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 fuilure 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 1 above. 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 transferee, 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 prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event 2 there is a reduction, impairment or termination ofwater 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 indeIl1llifY, 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) 3 WITNESS: --:;;;0"'""-- ~ CORPORATION AS OWNER(S): By: ~O a~' Its: ~~~~ ~~ ~'4~F#' A, Y~o./Lm~t Print Name and Title /l7 /tJ v "I-dfi-IN ~ n, G-m 13 ~<- W~Signa!!Jre/ // ~ /f4MI :I' tAI&!. lC t"7 _ Pnnted Witness Name ~~.. fk1h-k }tness Signa~ A~~(t~ T\\U::d.<-- I Printed Witness Name {CORPORATE SEAL} ATTEST: ~-, ,~ c:C2~A/ ~!ary :r:o'1 ! ~ ;:Q. -:Vao~ tJ'IU I Print Name FOR CORPORATE NOTARIZATION: STATE OF FLO~Th~ ) COUNTY OF ~A\.m f)EAC\'t )ss: ) 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 00liQ ~. ~r~ as ~.::.~"). of "A~~ b:t~~ J L.L. C-. named in the foregoing agreement and that he/she acknowledged executing the same in the presence of two subscribing witnesses freelY, and voluntarily under authority duly vested in himIher by said Corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation f\ WItness my hand and official seal in the County and State last aforesaid this ?>"D~ day of uc....~ ,2001. My Commission Expires: Printed Name +C~~~V.~~8(1o ANDREA HATHCOCK It.~ << MY COMMISSION' DO 713044 ...~ EXPIRES: October 16, 2011 ":t~~ Of F~rSf'<>" Bonded Thro Budget No4ary Services 4 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMIl'S AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND HArry BiQ.THbA\I, L L c... (JNSERTNAME) CITY OF BOYNTON BEACH, FLORIDA, ::Orida~ Kurt Bressner, City Manager ATTEST: ~ In. p~ C" Clerk 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 and in the County aforesaid to take __acknowledgme~ personally appeared /(ttr I .&es S Ref , CIty Manager and J tl~ e I- fit ~/ L,,/70 , 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 /tf~ day of !Je-ee/Uf;~r ,200Z. (Notary Seal) NOTARY PUBLIC-STATE OF FLORIDA ~ Judith A. Pyle . Commission # D0421091 , Expires: APR. 21, 2009 Bonded Thru Atlantic Bonding Co., Ine. My Commission Expires: ~5}Jg ~ No n Public JtrtJIT# A /}LE S:\CA\AGMTS\Water Service\Water Service Agreement (Corp) - Rev 090205.doc/rev. 1-6-06 H:\1990\900182.BB\AGMT\Water Service Agreement (Corp) - Rev 090205-rev 1.{j-06.doc 5 , Palm Beach County Property Appraiser Property Search System Page 1 of I _~~f~N'n(1~, 1..1:;.::'( Property AnJH31lHlr's Public Access r:;~'{ti1m ~ol'''')l''"'l'i;ffijjq"" ~""", r 'Yi\\ ~~ ~9'" "',;'.:""'" ,,-\/"; l . + - ~ - _;~'~-,,;'':'':':'':'''''iIJ!Ilil;mlJji!&fi, " , ~~~-_Axyf.~"". Property Information Location Address: 1162 HIGHVIEW RD Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-09-000-1760 Subdivision: RIDGE GROVE ADD IIN Official Records Book: 22137 Page: 86 Sale Date: Sep-2007 Leg"aIDescriptiQO: RIDGE GROVE ADD NO 1 LT 176 Owner Information Name: HAPPY BIRTHDAY LLC I:MM,,,,,AlI;;(lWIUY:'lI''180y,1 Mailing Address: 1124 ALTON RD LANTANA FL 33462 Sales Information Sep-2007 Feb-1995 Mar-1993 Book/Page ~~_:1,~'l10086 O~~2'lIQ44S OZ641/1,,564 Price satgJ''lPe Owner Sales Date $1 Q un CLAIM HAPPY BIRTHDAY LLC $17,100 WA RRANTY DEED $7,700 WA RRANTY DEED [ Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: 2007 2006 2005 ! 43,840 ~ 49.271 i 34,240 48,489 35.917 23,323 92,329 85.188 57,563 Property Information Number of Units: 1 *Total Square Feet: 936 Use Cod~: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: ',;D.~_;1f8III Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. J- i- { - A- http://www.pbcgov.comJpapa/aspx/web/detail_info.aspx?p _ entity=0043450909000 1760... 10/24/2007 TillS INSTRUMENT PREPARED BY: James Ao Cherof, Esquire City of Boynton Beach 100 E .Boynton Beach Blvd. Boynton, Beach, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH I, -:.:sP,,~~ IJ. t:Jl7$i/r<:m1!!fl-(( as Corporate Representative of ~P''f V I J2:n;J lJfllI, l'-t.- ' hereinafter "Grantee", hereby make, constitute, and appoint f THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact fur Grantee and in Grantee's ~e, 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 descn"bed 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 descn"bed as follows: PCN No.: DO - t/, 3 - '-I s - Ot:t - (9 ~ - 0 Og; - I 7 Ce, p The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 3 D day of OCroflflrR , 20tl and the powers and authority shall be irrevocable by Grantee. Witnessed: y~ o,OL- si~i~"- J:Af' ,{.." It-- J flrH,J (Print Name) Q (I.1vJL/J-~I~ Signatu-;-T -~ ~it?atuP~ -'-'-7t C.e A-, ~~ . Printed Owner Name STATE OF FLORIDA ) COUN1Y OF PALM BEACH ) <J The fOrr~ocable Power of Attorney wa~knO\~le ~ day of , 2005 by ~ ~ L who _ is personally known to me or wh as produced identification, and who did/did not take an oath. My Commission Expires: ~uec ~ State of Florida &m/ Ii vnoJ.tOK~ ri'\ \~~~ Notary P b'" C U Ie State of Ffo....- arol A Mahone 'IUd My CommissIon bD4604 Ex.Plres 08/10/2009 14 Location 1162 Highview Rd ._nP~_____ 2460 245ClZ440 2420 2380 2360 2340 2330 '0 1890 1900 1920 1931 195 96019701980199ClZOOO 2010 u.--__HJGH 18501840183018201810 1791 1780 177 750174017301720 1710 /' Railroads Tax Parcels 2005 LOT Labels LJ Tax Parcels 2003 LOT Labels Sewer Lines I' Water Mains (Manatee Bay) Street Centerlines STREET Labels Streets (Manatee Bay) . hydrant_equipmentprjSP _Proje TRSgrid Water o Utility Service Area )008500840 0821 0810 0791 0771 07600750 0730 07200710 JiJGHLANIl_RD 890 0910 0930 o 1180 0950 0980 0991 10101 020 1030 1160 1141 1130 1120 1100 1090 1061 1050 .5 RIDGEBD N w '\J~ 7~. s Although every reasonable effort has been made to ensure the accuracy of the public Information, data and graphic representations, the City of Boynton Beach cannot be responsible for E consequesnces resulting from any omissions or errors containced herein. The city of Boynton Beach assumes no liability whatsoever associated with the use or misuse of this data. o 0.