R94-175
II
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RESOLUTION NO. R94~/75
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND JEFFREY THOMAS AND SYLVIA
THOMAS, HIS WIFE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located at 3381 N. Federal Highway, in n
unincorporated area between Boynton Beach and Delray Beach, and I
WHEREAS, approximately a year ago a potable water main and sewage force m in
were installed in. the U.S. right-of-way abutting the subject property as part of t e
Tradewinds Estates improvements; and property owner now desires to connect to t e
potable water system; and
WHEREAS, this agreement is for potable water service only at this time;
WHEREAS, upon the recommendation of staff, the City Commission of the City f
Boynton Beach,Florida, deems it to be in the best interests of the citizens and reside s
of the City of Boynton Beach, Florida to execute a Water Service Agreement between t e
City of Boynton Beach and JEFFREY Thomas and Sylvia Thomas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF T E
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed 0
execute a Water Service Agreement between the City of Boynton Beach and JEFFR Y
Thomas and Sylvia Thomas, said Agreement being attached hereto as Exhibit "A",
Section 2. This Resolution shall become effective immediately upon passag
PASSED AND ADOPTED this /& day of October, 1994.
CITY ~F ~OJ~N BEACH, FLORIDA
~:r~tUu~('
Mayor 0-
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ATTEST:
cf~~~~
City.. lerk
(Corporate Seal)
WaterSer.Agr
Thomas10/13/94
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; ~, CITY OFBo . . ~
.:' em- ClER'7g~~ eH
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
This agreement, made on this ~ day of ~~~~ , 19~
by and between :re p.f......" of- Joy/""" 11.6..,1 , here; nafter
called the "Customer", 'and the City of Boynton Beach, a municipal cor-
poration of the State of Florida, hereinafter called the "CITY".
WITNESSETH, that the Customer, his heirs and assigns, for and in con-
sideration of the privilege of receiving water service from the Municipal
Water System agrees to the following:
1~ The City agrees to provide Customer with water services from its
Municipal Water System only as necessary to service the project described
in the Application for Water Service submitted by Customel". The Customer
has specified that there will be I Equivalent Residential
Connections and the City hereby agrees to serve those I
Equivalent Residential Connections.
2. The Customer agrees to pay all costs of engineering, material.
labor, installation and inspection of the facilities as required by the
City Code to provide service to the Customer's premises. The Customer
shall be responsible for installation and conformance with all applicable
codes, rules and regulations of all service lines upon the Customer's prem-
ises and all such lines shall first 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 necessary
ork or the City may have the work performed in which case the Customer
ill pay in advance all estimated costs thereof. In the event the City has
ch work performed, the Customer will also advance such additional funds
may be necessary to pay the total actual costs.
3. Any main extension made under the Agreement shall be used only for
e Customer, unless permission is granted by the City of Boynton Beach for
other party or parties to connect pursuant to the Code of Boynton Beach
4. 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.
5. 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 now
applicable or as may be changed from time to time.
6. Any rights-of-way or easements in this area shall be provided by
the Customer.
7. It is understood by the Customer, and shall be binding upon the
Customer, his transferees, grantees, heirs, successors and assigns, that
all water to be furnished, supplied, and sold under this Agreement is made
available from surplus. If the surplus does not exist at the time of
Customer's actual request for commencement of service, as determined by the
City's Director of Utilities, then this CITY, without liability, may refuse
to initiate service to the subject premises.
8. The Customer further agrees in consideration of the privilege of
receiving water service from said City, that the execution of this
Agreement is considered to be a voluntary Petition for Annexation pursuant
to Section 171.044 of the Florida Statutes or any successor or amendment
thereto. Furthermore, should any other general law, special act, or local
law be enacted which provides for voluntary or consensual annexation, this
Agreement shall also be considered a petitionary request for annexation
under such other laws. The premises shall be subject to annexation at the
option of the City at any time they are eligible under anyone or more of
the above referenced laws concerning annexation. Customer will inform any
and all purchasers of any or part of this property of this voluntary
petition for annexation and its applicabilities to such purchasers.
9. The Customer acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
described in "Exhibit AI', attached hereto and made a part hereof. This
Agreement is to be recorded in the Public Records of Palm Beach County,
Florida, and the Customer and all SUbsequent transferees, grantees, heirs
or assigns of Customer shall be bound by this Annexation Agreement.
5/26/89
..... ,;
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 pro-
vided under this Agreement due to any prohibitions, restrictions, limita-
tions 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 term-
ination 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.
11. The Customer hereby agrees to indemnify, defend and hold harmless
the City of Boynton Beach, Florida, its Mayor, Members of City Commission,
Officers,.employees and agents (both in their individual and official capac
ities) 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 judgement collection) and costs rising out of or
resulting from the Customer's obligation under or performance pursuant to
this Agreement
12. It is understood by Customer and by the City that the attached
site plan "Exhibit B" has been reviewed by the City of Boynton Beach for
compatibility with the City's comprehensive plan as it relates to land use
and density, found to be generally acceptable to the City and is to be the
guide for development of this subject land. In the event that the site
plan is not approved there shall be no commitment on the part of the City
to serve Customer if a subsequent site plan results in a change in land
use, density or an increase in equivalent residential connections.
13. No prior or present agreements or representations shall be bind-
ing 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.
IN WIT~ESS 'WHEREOF, tlQ~~rk~:; hereto
th is .~ ""~ day of _ ~~~
have set their hands and seals
, 19~-.
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WITNESS:
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As to Customer
FOR INDIVIDUAL(S) NOTORIZATION:
STATE OF ~~/oI~
COUNTY OF b,a/tC/;O/c c/
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in ~he County aforesaid to take
aCkno~ edgements, persona lly appearedyt;c.e~ij c/..- ~~/#
-r; rJ J:1'1o-S , to me known 0 be the pe son descri bed in
and who executed the foregoing instrument and acknowledged before m
that executed the same.
WITNESS my hand and offici 1 seal in the County
said this .g day of 0-P'v
(Notary Seal)
last afore-
My comm'~:~10~EXPi res:
5/26/89
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WITNESS:
CITY OF BOYNTON BEACH, FL
/P"7r ~
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As~tY~O~BOynton Beach
ATTEST
(~orp~ Seal)
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowl edgements, personally appeared EdWAIt1:> F. HAIt~"~ '
Mayor and SU~A();IC. M, /<'R.use... , Ci ty Cl erk well kno.Wn to me to be
the Mayor and City Clerk respectively of the City named in the
foregoing agreement and that they severally acknowledged executing the 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 of said City.
WITNESS my hand and official seal in the County and State last afore-
said this ~7 day of C>c.To8e~ 19€f:{.
(Notary Seal)
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~ary Public
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APpr03 t~ fom;
~ City Attorney
My Commission Expires:
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r.I~W;-::;ij P\:ll ;'::::t)~'f~ P',~l,,';::: :JI/1ILYfr!t'.'~r.',;
Engineer
5/26/89
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WARRANTY DEED
INOIVJD. "ra lNOIVIO
RAMeo FORM 01
Ihis ijfal'l'anty lleed f\lade tTIe .;) 0
ARTHUR LAWRENCE, a married man,
non-homestead property,
Twreinafter called the grantor, to
day of July A. D. 19 82
conveying his separate
by
JEFFREY,L. THOMAS and SYLVIA H. THOMAS, his wife
whose /lostoffice adclress is7321 NW 35th Street, Lauderhi11, FL 33319
Ill'reirwfter cCllled tile WClntec>:
(Wherf':ver uset! hrrcin the t('rm~ ~;'o<:ran!or" and ",~ranl"e" include all the parties to Ihi~ imtrument, and
the hrin, It'.\I;al rep,.e~elltatin~.~ and a~.~i~ns or individuals, and the successors and assi.\(fls or cOrpOriltlons)
lltlIitnesselh: That tTIP orantar, for and in consideration of tlte sum of $10.00 anci otlwr
ualuable cansidemtians, recc>ipl wTlereof is TlC'rclJY acknol"I"dfJc>d, TH'reby grants, bargains, sells, C1liens, re-
mises, releases, conveys and confirms unto tTle granlee, all tltat certain land situate in PALM BEACH
County, Florida, [liz:
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The North 150 feet of Lot 10 (Less West 17 feet road right-
Of-way) of KINGS SUBDIVISION, as recorded in the Public
Records of Palm Beach County, Florida, in Plat Book 20,
Page 47.
Subject to that certain mortgage from CONRAD LAWRENCE to
CHARLES A. DALY dated April 26, 1982, filed of Record
April 29, 1982 in Official Record Book 3716, Page 0247,
Public Records of Palm Beach County, Florida, in the
origina1principal sum of $45,000, which mortgage and note
grantees hereby assume and agree to pay.
J ogether witlt all the tenements, hereditaments and C1ppurtenances tT,ereto belongina or in any-
wise appertainin[J,
10 iHaue and 10 iHold, the same in fee simple foreuer,
lflnd the grantor hereby couenants with said grantee that the grantor is lawfuHy seized of said land
in fee simple: IIwt th" !}ranlor has good right and lawful authority to sell and convey said land: t',at the
grantor hereby fully warrants tTle title to said land and will ciefend the same against tTIe lawful claims of
all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent
to December 31, 19 81
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~n ~i1ness ~hereof, the said gruntor has signed and scaled these presents the day and year
first above written,
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STATE OF FLORIDA
COUNTY OF PALM BEACH
SPACE BELOW FO~ ~ECO~DE~S USE
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
ARTHUR LAWRENCE
II
tOl!le,"llriown('l~ be the person described in and who executed the
fote'goink' jn~ir\llnent, and he acknowledged before me that he
;"~xec''1ted': ih~' sa'!l(. ,>
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'~" '\:.... \,\ 0 /,Wlt~~~~ my h~nd ~nd in
:: I State -la1\t:ltfores:,\ld thIS
.' ....'r' ... 'j--'y" "'(\llt::! ill L~lqe
~"08ii]"~':';;:'" ", 118
"',;, '. ,....:NO'l' PUBLIC
i1iis,j,ti/rutl'd,aIJl'tpared by: THOMAS J. WOOLLEY, JR.
J P.O. Drawer JJ
/1ddrm .-.. Boyn to.n Beach, FL 33435
PI/1M ,...J '-0 ~/7
RECORD VERIFlF.D
PALM BEACH COtHHV. r:LA
JOliN EL UUI~KLE
CLE.RK CIHCUIT COURT