R08-062
II
1 RESOLUTION NO. R08- 0(:,:1...
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 JOHN AND
9 CHARMAINE WESTERMAN; PROVIDING AN
10 EFFECTIVE DATE.
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12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 1025 Ridge Road, Lantana, Florida (Ridge Grove Lot
15 28); and
16 WHEREAS, the parcel covered by this agreement includes a single-family home
17 located in the San CastlelRidge Grove project area; and
18 WHEREAS, a water distribution main has recently been completed on this street,
19 icinity, allowing for the service to this parcel; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 roperty.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 eing true and correct and are hereby made a specific part of this Resolution upon adoption
26
27 Section 2. The City Commission hereby authorizes and directs the City Manager
28 o execute a Water Service Agreement between the City of Boynton Beach, Florida and John
29 d Charmaine Westerman, which Agreement is attached hereto as Exhibit "A".
30 Section 3. This Resolution shall become effective immediately upon passage.
:\CA\RESO\Agreements\Water Service\Westerman Water Service Agreement.doc
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2 PASSED AND ADOPTED this ~day of May, 2008.
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5 CITY OF BOYNTON BEACH, FLORIDA
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30 Corporate Seal)
:\CA\RESO\Agreements\Water Service\Westerman Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody and Ezro!. P.A.
3099 East Commercial BIIId.
Suite 200
Ft lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I/We, JOHN P. jR. AND CHARMAINE WESTERMAN , 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 descnbed 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:
PCN No.: 00-43-45-09-08-000-0280
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 25TH day of
APRIL , 20 08 and the powers and authority shall be irrevocable by Grantee.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
WESTERMAN, JOHN P. JR. AND CHARMAINE (INSERT NAME)
1)4(
A ~ ,wITNESS WHEREOlhJhe parties hereto have set their hands and seals this :I-.~ ~.. day of
Q1\ I ~ , 200-!-.
WITNESS: INDNIDUAL(S) AS OyvNER(S):
J--~ ~ f! A!) l
,-:-' . ' / fi/;'i-' .' .' ti '.f'!-/J./,./vY;'I..- r}:...
WItness SIgnature / Owner SIgnature
SHANE MCQUEARY JOHN P WRSTF.RMA"N, TR
Printed Witness Name Printed Owner Name
~ ~ ~
( ldJ\.A.QJ\C~
Witness Signature
ADRIENNE CARTER
Printed Witness Name
(les( ~Juv'- ~~A--a~,.:u '-Er.~d'''--'
WItness Jgnature Owner Signature
CHERYL HADDEN CHARMAINE WESTERMAN
Printed Witness Name Printed Owner Name
{Jo,r1r;j ll(J{)l~
Witness Si ature
NANCY GOVER
Printed Witness Name
FOR INDNIDUAL(S) NOT ARIZA TION:
STATE OF KENTUCKY )
) ss:
COUNTY OF KENTON )
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
JOHN P. WESTERMAN, JR. AND CHARMAINE WESf'bE~own to be the person(s) described in an~ 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: KY DRIVER IS LICENSE W93-175-076
() r.U
A WITNESS my hand and ogicial seal in the County and State last aforesaid this f.:::> - day of
G'~I L , 200D:-. i.r
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(Notary Seal) ~ ~
M C .. . I / r / l'
y omnussJOn expJres: (l-{ I JD I J-- Notary Pub IC
Page I of I
.~~ Gary R. Nikolits,CF A
i. ' i Palm Beach C~unty Property Appraiser
~ ."it';~ Property Mappmg System
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Owner Information
peN: 00434509080000280
o.uI1 05141 6a2.O 0530 054AI H50 '.~._1
N WESTERMAN J P JR llo.
ame: CHARMAINE
Location: 1025 RIDGE RD
Mailing: 2728 AMSTERDAM RD
COVINGTON KY 41017 4401
Appraisal Value
Market Value:
00&1 Assessed Value:
02H ~ 0%741 fteo Exempt Amnt:
""JIll('" Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
H~ I Sales Information ," J
Sales Date Pm:,g
Mar-1987 $36,00
lI'Z54I 15011 _
ono
Le~end Palm Beach County Property Map
r--l eI B d Map Scale 1 :858
L--.J Pare om ary
~ lot nurrber
Map produced on 4/30/2008 from PAPA
http://www.pbcgov.comlpapa
http://gisweb.co.palm-beach. fl. us/ipapagis/presentationlmappinglprintnew . asp ?MAPURL=... 4/30/2008
THIS INSTRUMENT PREPARED BY: /(03 ~{J&:J-
Jame.: A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this 25TH day of APRIL , 200L, by and between
WESTERMAN, JOHN P.JR. AND CHARMAINE hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, 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 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 ONE 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
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 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 considerati~n 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. lt is agreed that the City shall have no liability in the event there is a reduction,
impairment or tennination in water service to be provided under this Agreement due to any
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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 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.
ll. 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 oftitle.
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)
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IN \VITNESS WHEREO? have hereunto set our hands and seals the _day of
~ e ,intheyear200.
ealed and delivered in the presence of,
~~ ' (J "~JJ'~VJ.r-:CL'
Witness Signat~ er Signature
SHANE MCQUEARY JOHN P _ WRSITRMA"N J TR
Print Name Print Name
Oci- ~
.i'I.C~
-
Witness Signature
ADRIENNE CARTER
Print Name
,
(!)~/C 4~ ~ ., / .
- '-i ~:;l(/;; t ~ L/ PL-v..,,~QM.J
Witness Signature Owner Signature
CHERYL HADDEN CHARMAINE WESTERMAN
Print Name Print Name
rJa11tA j "d~
Witness
NANCY GOVER
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
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E!t;.TIfE FOREGOIN~STRUMENT was ackoowledged befure me this day of
Q , 20a , by JOHN P. WESTERMAN, JR. and
INE WESTERMAN , who are known to me or who have produced
KY DRIVER' S LICERSE 1193-175-076, as identification atho didldid not take an oath.
L ~j))A
NOTARY PUBLIC
CHRIS CADDELL
Type or Print Name
f Commission No.
My Commission Expires: 1/ q ! ~ 0 i 1-
I
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
WESTERMAN, JOHN P. JR. AND CHARMAINE (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida mun cipal corporation
Kurt Bressner, City Manager
Approved as to form:
U
y '---..... i ',. /- ,Q....AL, Cl--l00__
/0 CiB 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
aforesaid and IG the6 County aforesaid to take aCknOWledgmen~ personally
appeared fA. (Z r R tc~r ~ City Manager and :1.A .A/1.r7 j1}, I? #1,(; 1-/-0 ,
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.
yr;:;.s my hand and offici al seal in the County and State last aforesaid this .)8 day of
,2001:. ~
(Notary Seal) , --_.-0 ~
No ary lic
My commission e~~~;~:,-.. Stephanie D. Kahn
{~':&':~commission #DD4322~4
~~'" .:~nxpires: MAY 22, 20\i9
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