R96-136RESOLUTION NO. R96-/,.¢'~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND MEARS MOTOR LIVERY CORPORATION,
PROVIDING FOR THE LEASE OF CONFIDENTIAL VICE
VEHICLES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City Commission deems it to be
in the best interests of the residents and citizens of the City to enter into a Vehicle Lease
Agreement with the Mears Motor Livery Corporation for vice vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission hereby authorizes and directs the Mayor and
City Clerk to execute an Agreement between the City of Boynton Beach and Mears Motor
Livery Corporation, providing for the lease of confidential vice vehicles.
Section2. This resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this x/day of September, 1996.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Commissioner.,.__._.._.._ ~
Co/n~'nissioner
/
,/
LEASE
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T#z8 I#ITSJIEET PIIEPAJtED BY:
Joefml, gorin, Chefof, Doocly
3099 E~t Commrelli BLvd.
Ft. LmuderdeLe, Ff. X~08
SEP-~L2-t9% 2:~m c9~--~18705
ORB c~437 Pe 247
Ji ii ill ii i I ii gill ii Iil
AGREEHENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS A~REEHENT made on this ~~'day of June
1~6__, by arid be~:ween , JANET B. - ...... 'Z~ ' ' ~
hereinafter called the "Customer',, Holiday Oraana ation. Inc.
hereinafte= called "contract vendee" and the CITY OF BOYNTON BEACH,
a munlcipaI corporation of the State of Florida, hereinafter called
~he "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, in order for the Contract Vendee to obtain zoning
approval for residential development from the Palm BeaCh County
Board of County Co~issioners, the property owner must be able to
access water services~ and
WHEREAS,-the Contract Vendee only requires water service if it
purchases the subject property from Customer~ and
WHEREAS, all parties recognize ~hat ~his agreement is valid
upon the occurrence of the contract vendee, Holiday Organization,
Inc. p~sing the property from C~stomer, at which tame the
Customer will voluntary annex into the City-of Boynton Beach; and
WHEREAS, ~he City of Boynton Beach has the ability to provide
water service to Customer*s property; and
WHEREAS, the C~ty of Boynton Beach has a policy which
oondit~ons the grant of water services outside of ~ts
jurisdictional ll~ts on annexation of the property to be serviced
into the C~ty at the earliest practicable time.
ORB --437 P~ 248
~o~ ~)~, for and in con~ider~t~on o£ the privil~e of
mutual covenants e~r~sed herein, th~ city of Boynton Beach and
~e ~s~omer, h~s heirs, successors and assi~s, agree as follows:
1. The City agrees to provide Customer with water service
from its Municipal Water System to service the real proper~y
described as follows and which Customer represents is ow~e~ by
Customer:
The Customer and the City hereby agree that there are
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 Cut=omar sh~ll be responsible for
installation in conformance with all codes, r~les and regulations
applicable to the installation ~nd maintenance of water service
lines upon the Customer's premises. All such lines shall be
approved bythe Director of Utilities and subject to inspection by
the City Ellgineers. The City shall have the option of either
requiring~ecustomer to perform the worx necessary to con£ormthe
lines or the City ~ay have the work performed on behalf of the
customer, in which case the Customer will pay in advance all
estimated costs ~hereof. In the event the City has such work
performed, the Cttstomer 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 serv!o~ to Customer shall ba vested in the City
exclusivelyunless otherwise conveyed or abandoned to the property
o~ero
G. The Customer agrees to pay all charqes, deposits and
rates for service and equipment in connection w~th water service
outside the City l~mits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to
t~Jae.
..7. Any rights-of-way or easements necessary to accommodate
the connections shall be provided by the Customer to the City.
2
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 no= raise
opposition or challenge to such annexation if and when amlexation
is initiated. The proper~y shall be subject to annexation at the
option of ~he City at any time the proper~y is eligible ~nder any
available ~eans 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
conne~cing to ~he City' s water supply is sufficient to support the
grant of the power of attorney any subsequent disconnection or lack
$f service She11 in no way impair the power of attorney nor
constitute a ~m~nu=mon or lack of consideration.
9. The Customer acknowledges that this covenant regarding
annexation is intended to bsand is hereby made a covenant rtlruling
with the la~d described in paragraph i a~o~e. This Agreement and
the power of a~torney referenced herein is to be recorded in the
Public Records o£ Palm Beach County, Florida, and the Customerand
all subsequent transferee, grantees, heirs or assigns of Customer
shall be binding on the Customer and all successors and assigns.
10. It is agreed=hat the City shall have no liability in the
event ~ere i:ea red~ction, impairmen~ or termination in water
service =o provxded under ~is Agreement due to any
prohibitions, restrictions, limitations or requirements of local,
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 o~ wa~er service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties
or other circumstances beyond the City's reasonable control.
1X. The Customer hereby agrees to indemnify, defend and hold
harmless the City o2 Bo~nton Beach, Florida its Ha-,o~ Memb--- ~
the C · "'~ -~ '--~ ~
; ;. %_t'y ~omm~.ss~_o?!. 9~f~cers,, ,employees and agents (Both in their
znazvxaua~ and OZ~xcxaA capacxtxes) from and agaznst all claims,
damages, law aunts, and expenses including reasonable attor~.eys fees
(whethe~''~ or no= xncurrea on appeal or in. connection wxth post.
Judgmen~ collection) and costs rising out of or resulting from the
Customer's obligation under or performance pursuant to this
Agreement.
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
validuponthe parties unless in writing executed by the parties to
be bound thereby.
ORB -/4:37 Ps 250
13. Customer hereby acknowledges that it has currently
entered into a contract with Holiday organization, Inc. for the
sale of property conditioned upon ~he contract vend. es obtaining
apprOVal fr6m the Palm Beach County Board of CommisSioners and/or
o~her municipa! agencies t zoning approval for residential
development of the property.
14. This agreement shall not be in full force and effect
until and unless the Customer transfers legal fee title to the
properyty to Holiday .0.rganization, Inc. or its successors or
assigns £n accordance with the terms of the contract referred to in
paragraph 13 mentioned above. Furthermore, no documents, includ/ng
this agreement, shall be recorded unless title to the property is
so conveyed to Holiday Organization, Inc. or to its successors and
assigns. Upon such transfer of title, this agreement shall be in
full force and effect and al.i obligations hereunder on the part of
CuStomer shall be autOmatiCally transferred and assumed by the
gran=ee named in the deed from Customer conveying title to the
proper~y as aforesaid.
IN WITNESS WHEREOF, the parties hereto have se= their hands
and sea~s this ~ day
of JUne ~
1996.
WITNESS
INDIVIDUAL(S) AS 0WNE~(S) ~
FOR INDMDUAL(S) NOTARIZATION:
OHIO
STATE OF~ ~~ )
) SS.'
COUNTY
I HEREBY CERTIFY that on th.~s day, before me, an o£f~cer duly
authorized in the State aforesazd and in the County aforesaid to
take acknowl~enta personally appeared
JANET '~. HALL ~
to m.e known to be the -person (e)
~e~oribed ~n and who executed the foregoing instrument that he/she
acknowledged before mo that he/she executed the same~ that the
individua2 was pers. onallY~know~ ~o me' or provided 2he followin.q
WITNESS my hand and official seal in the County and State last
th~s Jun. e , 199~ ·
4
Notary P~bl ic
ORB ~4~? P~
NOTARY PUBLIC
H¥ .Commission ,~xpires:
Sealed": ~elivered in
STATE OF
COUNTY OZ ~ Ies:
TITe or P~inC'Name
Commiseion No.
the preeence of
HOLIDAY ORGANISATIONt INC.
-
president
secretary
THE ~ORE¢OI~ INSTR_ ~UJ~ENT was acknowledged before me this ..~ 6' ~
day of. ~ , 19~, by ~er~lj ~~r ~ "and
~ ~r,l~ ~ s n~ ~ as Presiden~ ~d Secreta~, respectively,
who ~re ~oWn to me or who h~%e produced
, as id~tificat~on ~d who did/d~d not
t~e an oath.
My Conmission Expires:
HOI · POA
WITNESS:
5
Type o~ Prin~: Name JO¥C~NG
~mmiss~ ~ ~. 01.~
CITY OF BOYNTON BEACH, FLORIDA
CItY CLERK . .
STATE OF FLOR~~'. )
COUNTY OF PALM BEACh)
01~ c~43'7 P~ 252
I HEREBY CERTIFY that on th~s day, before me, an officer du/y
au~hortzod ]/1 ~he State aforesaid an~ in ~e County af°resa~d 2o
take ac~led~en~, personally appeared - : - ._- ~ ~ -~ ~ __ ,
s~erally a~owledged executing same in the presence of ~o
a~scribing wi~esses freely and vol~ily ~der au~or~y duly
yes~ ~ ~ by sa}d C~%~ and ~a~ ~e Ci~ sea~ affixed ~ere~o
sala
WITNESS myh~an~d and off£cial seal in the County and Sta.te last
aforesaid this' Tr~ day of
(Notary Seal]
ffo~ary Public
I~P/AA
900182
AGHT
HOLIDAY. H20
6
ORB ~;:);-,x p~ 25~.
DOROTHY H. WILk'iEN~ CLERK PB COLINTY~ FL
$. The land referred to in this policy is in the State of'
County of Pal~ Be,ach and is described as t'ollow.~:
Sou~h ~ of the Hmrtl'mast m~ of the Southwest ~ of Section ~2, ~s~p 45 Sou~,
~e 42 ~t, (~S ~e Sou~ 85 fee~ of ~e ~s~ 300 foe~ ~~ a~ Less
~e ~st~ly SO ~eet f~ ~e ~ght o~ Way o~ State ~ J809).
/.,.Cl.nserLabove line name of Alent,) .,~
ORB S~..'37 P~ ~
I Ii I ! iii ii I I IIlI II I I III
~RREVOCABLE ~PECIAL POWER OF ~TTORNEY
OHIO
STATE OF ~
accomplish annexation, b~ any
~hich is the subJe~c of this
JANET B. HALL ....... , an individual
~~l~::.hereina£~er "Grantee., he~eb~makes, oonsti~ute$, and
appo~ts ~ cx~ OF BO~N B~, ~~, ~e and
at%o~ey ~n fac~ for Grantee and ~ ~2mm's n~, p/ace and
stead, for ~e sole pu~ose of ex~t~q on b~alf of
po~er ~o initiate, ~ln~ain, a~c~ple~e a vOl~a~ peti2ion for
annexatiOn of ~ real prop~ dmso~~m~ ~n~ ~he CX~OF
BORON B~. ~s ~ver sha~l ~~ to ~e CITY OF
B~ fuXl and complete au~ori~y ~ a~ on G~n~ee*m b~lf
a~il~le ~. ~e real p~pe~y
pover il d~~ a~
See annexed description
The Grantee hereby acknowledqes=bat lt Aasourren~lyentered
into a contraot for sale with Holiday Organization, Xno., fort he
Sale of real proper~y conditioned upon ~hm oontraot vendee
obl:ainingfromthe Palm BeaoitCountyBoardo£ Commissioners and/or
o~her municipal agencies, zoning approval for residential
development
of the property.
ORB 94~7
This Irrevocable 'Special Power of Attorney shall not be in
full force and effect until and unlessthe Grantee transfers legal
fee titled to the property to Holiday organization, Inc., or its
successors or assigns in accordance with the 2arms of the contract
for sale. Upon such transfer of t£tle, this Irrevocable Special
Power of Attorney shall be In full force and effect ~d all
obligations hereunder on the part of Grantee shall be auto~atically
transferred and assumed b¥ Holiday Organization, Inc.
· N WITNESS wa~oF, we have hereunto set our hands ~nd seals
the ~ day of --_ June , in ~he year one thousand nine
hundred and ninety six .
Sealed and delivered in the pres of
OHIO
STATE OF-~~* )
Janet B. Hall
THE FOREGOING INSTRUMENT wae aoknowledgjdbefore me this ~g~
day of ___June , 19~, by -'~ ~ ~
,.~-~wh~ are known. 'tO 'me or who ~ave produced
~;?~':~?~[~~~ ~~ ~~ , as ~d~tif~ca~on ~d who ~d~d no=
I 'OFFIC[~L~EAL' ]
~ BE~y BU~INGAME ~
~NOTARY PUBLIO. STATE OF OHlOI
[MY COMMISSION EXPIRES 4-1-98J
HM Commi8.£on Expires:
CLER~ PB COUNTY,
NOTARY PUBLXC
~Tpe 'or Priht ' Name '
Commission No..
Sealedand delivered in the presence of
~ ~-( ~ .- Pres dent
cou~ o~ , )
~~OIN~ INS~~was ac~owledged before me~ts
day ~f~ , 19~, bM ~e~ ~ ~ ~c and
. ~,~ ~ .,:~0n. te~ . as ~es~dem~ and Sec~e~, ~espectivelz,
who a~e Xmo~ ~o me o~ ~o ~ave
........ ~ as x~ificatioa ~~o ~i~/~id not
~a~a am oath. ~ ~ _ '
M~Commission Expires:
· . i~vt!~ y~ _~...~ .
Type o~ Print Name
_ o. ~918239
~mm~i~
~i~ ~ 01.~
HOI..POA
County of Palm Beach
and is described as Gdl. ws:
South % of the Northeast % of the Southwest % of Section 12, Township 45 South,
Range 42 Em--or~, (LESS the South 85 feet of the East 300 feet thereof an~ Less
the Easterly 50 feet for the R~ght of Way of State Road-#809).
SEP-t2-I996 "'
I Jill IBi il ii111 i i ill Iil
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS A~I~EEMENT made on this ~ day of June ,
~99_~_~, by and between RICHARD S~ATONand FELIX STONE
hereinafter called the "Customer", o
hereinafter called "contract vendee" 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
Beach, Florida provide
Customer; and
has requested that the City of BoFnton
water service to the property owned by
WHEREAS, in order for the Contract Vendee to obtain zontnq
approval for residential development from the Palm Beach County
Board of County Commissioners, ~he Property owner must be able to
access water services; and
WHEaEAS,.theContract Vendee only requireswater service if it
purchases the BubJec2 property from Customer; and
WHEREAS, all parties recoqnize that this a~rG~ent is va!id
upon the-occurrence of the contract vendee, Holiday Orqanization,
Inc. purchasing the property from Customer, at which time the
Customer will voluntary annex into the City. of Bo~nton Beach~ and
WHERF~, ~ho City of Boynton Beach hast he ability to provide
water service to Customer's proper~y~ and
WHERFJtS, the C~ty of Boynton Beach has a policy which
conditions the grant of water services outside of
jurisd~ct£cnal l~its on annexation of the property to be serviced
into the City at the earliest practicable time.
NOW THERS'....,R8, for an~ tn considered.on of ~he privil~e o~
receiving water se~ice ~rom ~a Municipal ~a~er System and ~e
mutual covenants e~ressed herein, the City o~ Boynton Beach and
~e ~stom~, his heirs, successors and assigns, agree as foll~s:
1. The City agrees to provide Customer with water service
from its MuniCipal. Water System to service the real proper~y
described as follows and which Customer represents is owned by
Customer'.
2. The Customer and the City hereby agree that there are
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
fac~lities 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, ~--dles and regulations
applicable to the installation and maintenance of water service
line~ upon ~he Customer's premises. All such ll~es shall be
approved by the Director of Utilities and subject to inspection by
the City Engineers. The City shall have the option of either
requ~ring the customer to perform the wor~ necessary to conform the
lines or the Cit7 ~ay have the work performed on behalf of the
Customer, ~n which case the C~stomer. will pay in advance
est~ated 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 2he total actual costs incurred by ~he
City.
4. Any water main extension made pursuant to this Aqre~ent
shall be used only by the Customer, unless written consent is
granted by the City of Boynton Beac~ £or other part,es 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
ex~ended ~rom'the City Water Distribution System to and including
the metered service to customer shall be vested in the City
exclusivelyunless otherwise conveyed or abandoned to the property
owner°
6. The. Customer agrees to pay all charges, deposits and
rs=es for service and equipment in connection w~th water service
outs'ids the City l~mits 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 accommc~late
the C~n~ections shall be provided by the Cus=omer to the city.
2
8. The CUstomer shall, contemporaneously execute and deliver
to the City an Irrevocable Special Power of Attorney grantinq to
the City the power and' aUthoritY to execute and advance on behalf
of the C~stomer a voluntary petition, for-annexation. Customer
covenants that it shall cooperate wxth the City and not raise
oppositiOn or challenge to such annexation if and when annexation
is initiated~. The proper~y shall be subject to annexation at the
option of ~hs City at any time the p.rope~cy is eligible under any
a%aAlable means o~ method for annexation, ~ustomer ~ill .inform any
and all assigns or purchasers of any or part of this property of
this covenant and of the irr. evocable 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. TAr
Customer acknowl_e~.ges that the consider.at.ion initia~lly
c°nneCWCing to the Cx%y's water supply is sufficient to: support the
grant of the power of attorney Lny subsequent disconnection or lack
of service she11 in no way impair the power of attorney nor
constitute a diminution or lack of consideration.
9. The 'Customer acknowledges that this covenant regarding
annexation is intend, ed to. be and is hereby made a covenant rumliag
with the land described zn paragraph I above. This Agreement and
the power of attorney referenced herein is to be recorded in the
Public Records of Palm Beach County, Florida, and the Customer and
all subsequent transferee, grantees, heirs or assigns of Customer
shall be binding on the Cusl:omer and all successors and assigns.
10. It is agreed that the City shall have no liability in the
event ~hero is a reduction, impairment-or termination in water
service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements of local,
r. eg!onal,' State or Federal agencies or other agencies having
jurisdiction over such matters. Also, the City shal.1 have no
liability in tahe event there is a reduction, impaxrment or
term/natiOn of water service due to acts of ~od, accidents,
str~kee, boycotts, blackouts, fire, earthquakes, other casualties
or other circu~stances beyond the City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold
harmless the City of Bo~nton Beach, Florida, its HaMer, Members of
the Cit~ Commission, Officers, employees and agents (Both In their
individual and official capacities) from and against all ~laims,
damages, law suits and expenses including reasonable attorneys fees
(whether. or not incurred on appeal or in. connection with post
Judg~en~ collection) and costs rising out of or resul~ing from the
Customer~e s obligation under or performance pursuant to this
Agreement.
12. No additional agreements or represents=ions shall be
binding on any of ~he parties hereto unless incorporated in ~l~Ls
Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless ~n writing executed by the parties to
be bound thereby.
ORB '4~'7 P~ 2:3~
13. Customer hereby aCknOvledges that it has currently
entered into a contract with Holiday Orqanizat£on, Inc. for the
sale o£ property conditioned upon ~le contract vendee obtaining
approval from the Palm Beach County Board of CommLss£onere and/or
o~her municipal agencies' zoning approval for residential
development o£ the property.
14. This agreement shall not be in full force and effect
until and unless the Customer transfers legal fee title to the
properFty to Holiday .O. rganization, Inc. or its successors
assigns in accordance with the terms of the contract referred to ~'
paragraph 13 mentioned above. Furthermore, no documents, including
~his agreement, shall be recorded unless title to the property is
so conveyed to Holiday organization, I~o. or to its successors and
assigns. Upon such transfer of title, this agreement shall be in
full force and effect and all obligations, hereUnder on the part of
Customer shall be automatically transferred and assumed by the
grantee named ~n the deed from Customer conveying title to the
property as aforesaid.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals this _~day of June , 1996.
ZNDn~DUAL(S) _AS OWNeR(S) .'
RiJhard ~Ia~on
Felix Stone
FOR INDIVIDUAL(B) NOTARIZATION:
STATE OF FLORIDA )
)
cot~,,~ oF ~a
I HEREBY CERTIFY that on this day, before me, an officer duly
au~lorized in the State aforesaid and in the County aforesaid to
take ackltowledgments, personally appeared RICHARD SLATON and
FEI
_~IX STONE _ to me known ~o be the person(s)
.. decor e foregOing instrument that ~e/~he
acknowledged before__~h~t he/'-he=executed the samer
indiyi a} va' pf-o i ed thJ that the
'following
proo~oE xaentificat~on~ '
WITNESS my hand and official seal in the County and State last
aforesaid this ~ day of .June , 199~o
240
H¥ Conn£ssLon ExpLres:
~pe-or '~nt Hans
Connisgion No.
delivered in the presence of
ORgAniZATiOn, NC.
// . president
~ Secretar~
STATE OF~~-~ )
) ss:
TH~FOREGOING INSTRUMENT was ac~owledged before me
~-' ~ ~ ' '.- ~ j-"-as Pres~den~ and Se~e~, respectively,
who are ~own ~o me or who have produced
, ~ ~d~2~cat~on and who d~d/d~d no~
tnke an oath.'
My Connission Expires:
HOI. POA
WITNESS:
5
CITY OF BOYNTON BEACH,
FLORIDA
CLERK
STATE OF FLORIDA )
} SS:
COUNTY OF PALM BEACH)
0RS ~4::37 ~
I HEREBY CERTIFY that on th,~s day, ,befOre me. an of£icer duly
au~horizod in ~he State aforesaid and an t..he County aforesaid to
take ackr.~ledq~ne~ts, Personally appeared _~_ ~/_~.__-~_~_¥] ~ ~. ~ _~.- ~- -,
~e uz=y n~e~ zn ~e foregoing agreement and 2ha~ ~ey
severally ao~owledged executing same in the presence of ~
s~scr~b~ng wi~esses freely and voluntar~ly under 'au~or~2y duly
vest~ ~ ~ by said C~ty and.~at the City seal affixed ~eret~
~8 2he 2~0 co. orate seal affixed 2here2o is the =~e co.orate
seal of sa~d C~2y.
WITNESS my hand and official soal in the County and State last
aforesaid this ~'~, day of .. ~,~'~,~.,.~ b~- J. 1992~.G
Notary Publio
900182
HOLIDAY. H20
6
ORB ? .437 P,, 24.
DOROTHY ILk'EN, CLERK PI3 FL
EXHIBIT "A"
PARCEL
The East I00 feet of the N 1/2 of that part of Tract 6, in the
SE 1/4 of of Section 12, Township 45 South, Range 42 East,
according to the Amended Plat thereof r~corded in Plat 8ook 9,
Page 74, of the Public Records of Palm ~ach County, Florida,
lying South of the right-of-way line lot Lake Worth Drainage
District Canal Number 19, Palm 8each County, Florida.
PARCEL I!:
That part of the South half of Tract 6 in the Southeast Quarter
(SE 1/4) of Section 12, Township 45 South, Range 42 East,
according to the Amended Plat thereof recorded in Plat Book 9,
Page 74, of the Public Records of Palm' Beach County, Florida,
described as follows:
BEGINNING at a point on the South. line of said Tract 6, a
distance of 400 feet Easterly, measured along the South line of
said Tract 6, from the Southwest corner of said Tract 6, run
North on a line parallel to the West lille of said Tract 6, to
the No~'th line of the South half of said Tract 6; thence run
Easterly along the North line'of the South half of said Tract 6;
thence run Southerly along the East lin~ of the South half of
said Tract 6 to the Southeast corner of said Tract 6; thence run
Westerly along the South line of said T:-act 6, to the POINT OF
BEGINNING.
The North 35 feet of the West 400 feet of the South one-half of
Tract ~ in the Southeast one-quarter or Section 12, Township 45
South, Range 42 East, according to the Amended Plat thereof on
file in the Office of the Clerk of the Circuit Court in a~d for
Palm Beach County, Florida, in Plat Boo~ 9, Page 74. LESS the
Road Right-of-Way for Military Trail, including that part taken
in Official Record Book 6043, Page 568.
File No: 00042160
_
SEP-12-i996 2:~m 96-31&7O4
ORB 94-37 24J
]! mm i ill mi i I ill I!! ! i Iil
I~OCABZ.~. -SPECIAl, POWER OF ATTOrnEY
STATE OF F~)RIDA
appoints
attorney in
RICHARD SLATON .... ' and FELIX STONE
hereinafter "Grantee#, hereby makes, oonstitutes, and
CITY OF BOYNTON BEACH, FLORIDA, true and law~ul
fact for Grantee and in Grantee,s name, place and
stead, for the sole purpose of executinq on behal£ 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 shall extend to the CITY OF BOYNTON
BEACH full and complete authority tO ao~ on Grantee's behalf to
accomplish annexation by any available mea~s. The real proper~y
which is the subject of this power is described as follows:
See annexed description
Tie Grantee hereby acknowledqesthatl~rmsourrentlyentered
into a contra=2 for sale with Holiday orga~ization, Inc., fo=the
sale of real property conditioned upon the contract vendee
obtaining from the Palm Bea=hCounty Board o£ Commissioners and/or
other municipal agencies' zoning approval for residential
development of the property.
This Irrevocable ~pecial
ORB 94~7 P~ 244
Power of Attorney shall not be in
full force and effect until and unless the Grantee transfers legal
fee titled to the property to Holiday organizat~on, Inc., or its
successors or assigns in accordanco with the ter~s of the con~ract
for sale. Upon such transfer of title, this Irrevocable Special
Power of Attorney shall be ~n frill force and effect and all
obligations hereunder on the part of Grantee shall be auto~atically
transferred and assumed by Holiday Organization, Inc.
~xxxxxxxxx~x~x. xxxxxxxxxxxxxxxyxx~t~ ,xxxx~x~x}~~~
IN WITNESS WHEREOF, we have hereunto set our hands and seals
the ~ day of .... June , in the year one thousand nine
hundred and ninety
Sealed and delivered in the presence of
STATE OF'FLORIDA
COUNTY OF
)
)
Felix St%ne X~Y4 ~] ~4Y~ X X X
F~T,T~ STONE _ ~~ ,
who ~own to
are . m~ or who~ have produced
take oa~. ' ' ' ~~
~ ........ ~ ........... ~ , as i o did/d~d no~
~ly Coam£ss£on Expires:
~ype'-or :Lnt Naae
Conunisston No..
Sealed an~£v~ered in the presence of
~~~~~,~/,,/~ HOLIDAY ORGANIZATION, INC,
- ~/ ...... secreta~
STATE oF~~ )
) ss:
couz~Y o~' ~...
TI~-FORECOIN~ INSTRL~ENT vas acknowledaed before ~
day of.~~ , 19~, b~ ~ ~ ' ~ H ~ ~ ~ and
~ ~r.~' m ~.~.a~. ~ . as President and Secreta~, r~pect~vel~,
wAo - a~e' '~no~ co n~ or wAo ~aVe produced
...... , as id~ficat~on ~d who did/d~d not
take an oath.
My Connission Expires:
HOI .PeA
or Prin~: Name
Conm/ssion No.
I~lotafy Public ,*St~,~ ~' New ~
ORB Pe 2Y+&
DOROTHY WILKEN, CLERK PB COUNTY, FL
First An rican tle Insurance Company
EXHIBIT "A"
PARCEL I:
The East lO0 feet of the N 1/2 of that part of Tract 6, in the
SE 1/4 of of Section 12, Township 45 South, Range 42 East,
according to the Amended Plat thereof recorded in Plat Book 9,
Page 74, of the Public Records of Palm Beach County, Florida,
lying 5curb of the right-of-way line fo~ Lake Worth Drainage
District Canal Number 19, Palm Beach County, Florida.
PARCEL II:
That pa~*t of the South half of Tract $ in the Southeast Quarter
(5E.1/4) of Section 12, Township 45 South, Range 42 East,
according to the Amended Plat thereof recorded in Plat Book 9,
Page 74, of the Public Records of Palm. Beach County, Florida,
described as follows:
BEGINNING at a point on the South line cf said Tract 6, a
distance of 400 feet Easterly, measured along the South line of
said Tract 6, from the Southwest corner of said Tract 6. run
North on a line parallel to the West line of said Tract 6, to
the North line of the South half of saic Tract 6; thence run
Easterly along the North line of the South half of said Tract 6;
thence run Southerly along the East line of the South half of
said Tract 6 to the Southeast corner of said Tract 6; thence run
Westerly along the South line of said TYact 6, to the POINT OF
BEGINNING.
The North 35 feet of the West 400 feet o'f the South one'half of
Tract 6 in t'he Southeast one-quarter or Section 12, Township 45
South, Range 42 East, according to the ~mended Plat thereof on
file in the Office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, in Plat Book 9, Page 74. LESS the
Road Right-of-Way for Military Trail, including that part taken
in Official Record Book 6043, Page 568.
File No': 00042160
SEP-i2-~996 2:33~m 96--J~870~
ORB 9z~-~ p~ ~=..~
I .l!!ilBlliiilliill ii111
AGREENI~NT FOIl WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS A~RE~ made on this ~ day of ~~M~, ,
19 9_~6, by an~ between., CLARK DAHLGREN
hereinafter called ~e "~ustomer., Holiday or~an'ization~ Inc,
hereinafter called "con~ract vendee" and the CITY OF BOSTON B~,
m~icipal cc~rat~on of ~e State of Florida, hereinafter called
"City".
WHEREAS, Customer owns real property outside of the
jurisdictional limits of the City of Boynton Beach, Florida; and
WHEREAS, Customer
·each, Florida provide
Customer; and
has requested that the City of Boyntcn
water service to the property owned by
WHEREAS, in order for the Contract Vendee to obtain zoning
approval for residential development from the Palm Beach County
Board of County Co~issioners, the property owner must be able to
accese~ water services; and
WHEREAS, the Contrac= Vendee only requires water service if it
WHEREAS, a11 parties recognize ttmt this agreement is valid
upon the occurrence of the contract vendee, Holiday Organization,
Inc. purchasing the property .from Customer, at which time the
Customer w~11 voluntary annex into the City of Boynton Beaoh~ and
WHEREAS, ~he City of Boynton Beach has the ability to provide
water service to Customer,s proper~y; and
WHEREAs, the City of Boyn~on 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 THEI~o~It8, £or and in consideration o£ 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 proper~y
described as follows and which Customer represents is owned by
customer:
The Customer and the City hereby agree that there are
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 ag -required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service
the Customer,s premises. The Customer she1! be response.bls for
installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service
lines upon ~e Customer's premises. All such lines sha~l be
appro~edbythe Director of Utilities and su~4ect to ~ns~ect~--
the City E,gineers. The City shall have ~he o~tio~'
quoting ~he customer to perform the wor~ necessary to conform the
lines or the City ~ay have the work performed on behalf of the
Customer, in which case the Customer will pay in advance all
estimated costs ~hereof. In the event the City has such work
performed, the Customer will also advance such additional funds as
may be necessary 2o pay the total actual costs incurred by
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 £or 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
ex~ended' from the City Water Distribution System to and including
the metered service to ~tstomer sha~l be vested in the .City
exclusively unless otherwise conveyed or abandoned to the property
owner.
6. The Customer agrees t~ pay all .charges, deposits and
ra~e~_fo~ e_e~v..ic~.and equipment Ln connection w~h water service
cuestas ~e City ~lmits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to
t~meo
7.. Any rights-of-way or easements necessary to acco_.~.odate
the connections shall be provided by the Customer to the C~ty.
defense
cons'
O~ c~.4.~7 ~ 2~-~
8. TheC~sto~er shall, contemporaneously execute and deliver
to the City an Irrevocable Special Power of Attorney granting to
the city the power and*authority to e~ecute and advance on behalf
of the Customer a voluntary pet'-'i=lon 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..in£ti~ted. _The proper~y shall be subject to annexation at the
option of the City at any time-the p~operty is eligible under any
av~il~le me, ns or method for annexa%ion. Customer ~ill infor~a~
and all assigns or purchasers of any or part of this property o~
this covenan6 and of the ir~evocable ~peci~l power of a~torney, but
Customer's failure to provide such n~tice shall not constitute a
or bar to ~he CStyi~s rights as set forth herein. The
that the consideration of initially
water supply is sufficient to support the
attorney any subsequent disconnectionor lack
no way impair the power of attorney nor
r ~ack of consideration.
9. The ~ustomer acknowledges that this covenant regarding'
annexation ~s ~ntended to be andis hereby made a oovenan~ running
with the land described ~n paragraph I above. This Agreement and
the power of attorney referenced herein is to be recorded in ~he
Public Records of Palm Beech'County, Flor/da, and the Customer and
all subsequent transferee, grantees, heirs or assigns o~ Customer
she11 be binding on the Customer and all successors and assigns.
10. It }s agreed thgt the City shall have no liabiltt¥tnthe
even~ there ~s a red,croon,: impairment or term/nation ~ water
ser~.}~?._to be .p~ov~ded ugd~r ~hzs Agreem?nt due to any
pron~l~lons,~re~rlct~ons, l~m~ta~/ons or requirements of local,
regional, Sta~e or Federal agencies or ot~er agencies having
~~?tiO~ o~.~r such ma~ters. Also, the City shal% have no
a~au~&~=y In r~e. event there is a reduction, impalrment or
term/nation o~ water service due to acts of God, accidents,
~tr~kee, boycotts, blackouts, f£re, earthquakes, other casualties
or other circumstances beyond the City,s reasonable control.
11. The Customer hereby agrees to ind~nmtfy, defended hold
rmlees the City of .Boynton Beach, Florida. its Mayor. Memb~s'o~
e.CitTCommtsston, 0fftCers em lo ess ' - ' ' -
· . .... , P Y and agents Both ~ntheir
~ndtvtdu~l aha _orfLclal capacities from and a ' ( .
dama--~ ~ ..... -- ...... ) .. ~a~nst all claims.
--~--, ~w suA=s aha expenses lnc£ua~ng reasonable ~ttor~eys £eee
(whethe~ or not ~ncurred on' ap~al or in-connection w~th post
Judgment collection) and costs r~sing out of or resulting from the
Customer,s obl~gation under or performance pursuant to this
Agreement.
12. No addit£ona! agreements or representations shall be
binding on any of ~ho parties hereto unless incorporated in
Agreoment. No~odifications or change in ~his Agreement shall be
valid upon the part~esunless in writingexecutedby~he parties to
be bound ~hereby.
ORB ~9437 P~ 228
13. customer hereby acknovledges that it has currently
entered into a contract with Holiday Organization, Inc. for the
sale of property Conditioned Gpon the contrac~ vend. es obtaining
approval ~ the Palm Beach Cowry Board of CommissionerS and/o~
o~her municipal agencies' zoning approval for residential
development of ~.ho property.
14. This aqreemen~ shall not be in full force and effect
u~il and ~mless the Customer transfers legal fee title to the
prop. eryt~ to Holiday .O. rganization, Inc. or its successors or
asslgns In accordance with the terms of the contract referred to in
~[:qraph 13 ~.,men~ioned above. Furthermore, no documents, including
z agreement, shall be recorded unless title ~.o the propert7 .is
so conveyed to Holiday Organizat~on, Inc. or to ~ts successors and
assigns. Upon such.transfer of title, this agreement shall be in
full force and effect and all obliqations hereunder on the part of
Customer 'she1! be automatically transferred, and assumed by the
grantee named ~n the deed fro~ Customer conveying t~tle 2o the
proper~y as aforesaid.
IN WITNESS ,oW~.OF, the parties, here~o have se2 2heir hands
and seals t~Le ~_~ da~ of ~Ju~ , 1996.
FOR INDMDUAL(S) NOTARIZATION:
STATE OF FLO~DA )
oF PALU BnCm)
I_HEREBY CERTIFY that on th.~s day, .before mo, an officer dul~
au~horized in the S~ate aforesaid and~n the County aforesaid to
take a~ledqments, personally appeared
ctA~ ~A,t~E~ tO m.e known to be the per'aSh(s)
_- deScr~: in ~d who executed ~e foregoing ~ns~~t ~ he/she
a~ledg~ before me ~at ha/she ~e~ted the ~ame~ ~a~ ~e
~vidual was porsonat~y ~own to me or provided the ffollow~g
proof of ~d~f~cat~on: _ . ~.. ....
~SS my ~~d official seal in the County and S~te last
afo~sa~d ~s ~ ~y of June , 1995.
JOAN B. ROACH
-',: , :~,= MY COr,~tI,SSlON # CC407382 EXPIRES
~'";'~ ..:?:..&.i,,,~ November 8, 1998
~3fl~50 T:--; : ., ....... NC_, INC.
4
NOTARY PUBLIC
Com~ission No.
STATE 0F'~ )
) as:
COUNT~ OF ~, )
delivered in the presence of
~ Secre~ArM
~FOP~COIN~ INS~RU~ was acknowledaed before me ~his
.... ~CpT~ _ as'P~sidentandSe~e~, respectively,
~no are ~no~ ~o '
m~ or who have produced
, as ~d~tiftcation ~d who did/dAd not
ta~ an oath.' ......
M¥Co~issionExpires:
HOI. POA
WITNESS:
CITY OF~ BOYNTON BEACH, FLORIDA
CLERK
STATE OF' FLOi~I~ )
) SS**
COUNTY OF PALH BEACH)
OR~ '-~43;7 P~ 2_30
I HEREBY 'CER~ that on th.is day, .before me, an o£f~cer duly
authorized ~n the State aforesaid and in the County a, foresa~d to
take acknoeLed_gnents, personally appeared _... :_-~ _'. _-f.-~--[ .... ,
of ~e C~ty n~d in ~e ~oregoing a~ree~ent and ~a2 ~ey
severally ac~owledged executing Same ~ ~e presence of two
s~scr~b~ng wi~esses freely and voluntarily under a~or~ty du~y
vested ~n ~ by sa~d C~ty and ~at ~e city seal aff~x~ ~ereto
~s 2he 2~e co.orate seal affixed ~ereto is the =~e co.orate
seal of sa~d City.
WITNESS my' hand and official seal in the County and State last
aforesaid th~$ ~ day of .. ~ ,.~/~e_~ _ . .. 199~T.~
(Notary Seal)
900182
AGHT
HOLIDAY. H20
6
]ONES ,S, FOSTER ~'L"I~.3Z ~.454 ' ' ' NO. 174 POlO
O~-'''~ 9437
DOROTI-I'f X, WILKI~, CLE~ PB COUNTY, FL
Being all of Tracts 5, 7 and 14, in the southeast quarter (SE 1/4)
of the MARY A. LYMAN, ET AL AMENDED PLAT OF SECTION 12, TOWNSHIP 45
SOUTH, RANGE 42 EAST, as recorded in Plat Book 9, Page 74, Public
Records of Palm Beach County, Florida.
LESS the right of way for Military Trail (S.R. 809).
Subject to the rights-of-way of the Lake Worth Drainage District
for the L-i9 Canal.
G: \U3ERS\ATTY\ ]:BA\ ].3310-'?\ ~:Xl~I BI T. A
SEP-t2-I996 2:3 m c2 s-- 1 702
08
! Il I i ili II I i II Ilii Ii ili
~I~REVO~r.~ SPECIAL POWER OF &TTORNE~
STATE OF FLORIDA
CLARK DAHLGREN
..... , an i_nd.ividual
corporation, hereinafter "Grantee., hereby makes, constitutes, and
appoints THE CITY OF BOYNTON B~ACH, FLORIDA, true an~ lawful
attorney ~n fact for Grantee and ~n Grantee,s name, plaoe 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 ~he real property desor~bed herein into the C~TY OF
BOYNTON BEACH. This power shall ex, end ~o the CITY OF BOYNTON
BEACH full and complete authority to a~c on Grantee,s behalf to
accomplish annexation by any available meats. The real prope~cy
See annexed description
The Grantee hereby acknowledges ~hat lt~as currently entered
into a contract for sale with Holiday Orgallization, Inc., for the
sale of real prope~cy conditioned upon the contraot vendee
obtaining from the Palm BeachCounty Board of Commissioners and/or
other municipal agencies, zoning approval for residential
development o£ the property. OR8 c~*~7 P~ 2~
This Zrrevocable 'SpecLa! Power of &ttorney shall no~ be Ln
£ull force and effec~ unti! and unless the Gran~ee Crans£ere legal
fee titled ~o the property to Hol~-day Organiza~on, Inc., or ~e
successors or assigns ~n accordance v~ ~e ~ of ~he con~ac~
~o~ sale. Upon su~ t~ansfe~ of ~itle, ~is I~evoc~le special
Power of At~o~ey shall be ~ fu~l fore and effe~ ~d all
obligations here~der on the pa~ of Grantee shall be auto~t~cally
transferred and ass~d by Holiday Org~izat~cn, Inc.
~xx,xxxxxxxT.~x~x,xxxxxxxxxxxxxxx:~xxl~xxxx~x:~%zx~x~tK~lxxx
IN WITNESS WHEREOF,
the o~'day of -_. June
hundred and n~nety s~x
we have
hereun2o set our hands and seals
, in the year one thousand nine
Sealed and delivered in the presence of
STATE 0~. FLORIDA )
} ee =
d-' _~TH~OREGOING INSTR~U/~HENT was~aoknowle.dged before,me this j7~
.-A"~' ~.~. - ' ne" o
-- ,'_ / 'C wno nave l~roduced
take an oath. . , as ~dent~f~cat~On and who d~d/did not
..-'~ '~:~ JOAN B. ROACH '
'~-',~:T; November 8, t998
~'g~,,,T~''c''' 90NDEDTHRU TIqOYFAiN NS~ iNC.
Commission Expires:
234
Sealed and delivered
An the presence of
HOLIDAY ORGANISATION, INC.
cou a or ,
~OREGOIN~ INS~RUMEN~va
~ -~ - - -- - , l~, ~y _. ~.r&ld M~fl~ and
~ar}~ff . as Prestden~ and Secre~ respectively,
WhO ate ~own to m~ or_ whO have produced
., , ~ identification ~d who di~/dtd not
take an oath.' ......
Ny ComissiOn Expires:
HOI ..POA
~OSTER 40? 8~ 1454
EXHIBIT "A"
ND,' P010
O~ S~z~7 pg 2~
OOROTHY H. WILKEN, CLERK PB COUNTY, FL
Baing all of Tracts 5, 7 and 14, in the southeast quarter
of the MARY A. LYMAN, ET AL AMENDED PLAT OF SECTION 12, TOWNSHIP 45
SOUTH, RA/~GE 4Z ~AST, as recorded in Plat Book 9, Page 74, 'pUblic
Records of Palm Beach County, Florida.
LESS the right of way for Military Trail (S.R. 809).
Subject to the rights-of-way of the Lake Worth Drainage District
for the L-t9 Canal.
G: \ USER$\ATTY\ LOA\ ]. 33].0-'7 \ EXH]'BiT.A
EXHIBIT "A"
ORB ~4:~7 Ps 235
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
Being all of Tracts 5, 7 and 14, in the southeast quarter (SE I/4)
of the MARY A. LYMAN, ET AL AMENDED PLAT OF SECTION 12, TOWNSHIP 45
SOUTH, PeANGE 42 EAST, as recorded in Plat Book 9, Page 74, Public
Records of Palm Beach County, Florida.
LESS the right of way for Military Trail (S.R. 809).
Subject to the rights-of-way of the Lake Worth Drainage District
for the L-19 Canal.
G: \USERS \ATTY\ ].BA\ ].3310- 7 \F~XHIBIT .A