R11-027
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1 RESOLUTION NO. Rll- o{J,7
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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 CITY
8 OF BOYNTON BEACH AND OK SEAHORSE LLLP;
9 PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 4001 N. Ocean Blvd., Delray Beach, FL 33483
14 (PCN: 00-43-45-34-37-000-0000); and
15 WHEREAS, the four (4) parcels covered by this agreement currently are presently an
16 unincorporated portion of Palm beach County; and
17 WHEREAS, the owner is planning to construct four (4) residential units on thes3
18 parcels and will be extending a fire hydrant line, water services and sewer services to the
19 parcels.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission hereby authorizes and directs the City Manager
26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and OK
27 Seahorse LLLP, a copy of said Agreement is attached hereto as Exhibit" A" .
28 Section 3. This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water ServiceIReso -OK Seahorse LLLP Water Service Agreement.doc
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2 PASSED AND ADOPTED this 15 day of February, 2011.
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5 CITY OF BOYNTON BEACH, FLORIDA
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22 ATTEST:
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S \CA\RESO\Agreements\Water Service\Reso -OK Seahorse LLLP Water Service Agreement.doc
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THIS INSTRUMENT PREPARED BY:
James 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 ANNEXA nON
THIS AGREEMENT made on this _20_ day of _December_, 2010_, by and
between _OK Seahorse, L.L.L.P. (N ame of Corporation), hereinafter called the "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 ofthe 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 _4_ 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 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 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 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
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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)
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CORPO
By:
Its:
~~-\ eo:. \
Type Name and Title
{CORPORATE SEAL}
ATTEST:
Secretary
I Type Name
FOR CORPORATE NOT ARIZA TION:
STATE OF FbT&a.. )
)ss:
COUNTY OF R1JM.~ )
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
~ V~ as M~ of Ok. ~f!a..hl>tDIt. tD..f named in the
foregoing agreement and that @'she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested i~er by said Corporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation.
Witness my hand and official seal in the C nty and State last aforesaid this -.!L day of
~ ,20,0.
NOTARY LI
NlcclL L.~
Typed Name
My Commission Expires:
",'~';f.~'r~"'.. NICOLE E. ANGElAKOS
f..?""&"'f:. MY COMMISSION # DD 736642
~\.", :,ff EXPIRES: March 23, 2012
'1~';;tft<t-" 8<>nded Thru Notary Public Underwriters
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
O\~ ~e.&...~n~S~ LLl- ~ (INSERT NAME)
)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida muniial corporation
By: ~~(. _
Kurt Bressner, CIty Manager
ATTEST:
~.j-, Yn. ~
Cit 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
aforesaid " an~ ". I~ . t~e_ County af~resaid to tak~. ackno,~I:dgmen1s, personally
appearedj(l J \'1 & ~"';sll'tJr , CIty Manager and S<..lnf-LPr {U III 1 c ,
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 myhandiand official seal in the County and State last aforesaid this .Q~h dayof
ftbruCl\\/ ,20ltL.
(Notary Seal) NOTARYPUBU~-STATEOFFLORlDA (1:1. ~
~"""""" Cathenne Cherry-Guberman UAJJ 'd o' . " ., J
{ ~Commission#DD792144 I .. j'- \
~~l Expires: MAY 27, 2012 Notary Public 11 f). \ 1_ . --,'n (, fl, 'll:l rl j - if lL fY'IlrJ
BONDED'1'H.RU ATLANTIC BONDING co., lNC. L:Utf tel L ~ l'-t" 0
My Commission Expires: -1lU4 6rl, SOIa..
S:\CA\AGMTS\Water Service\Water Service Agreement (Corp) - Rev 090205.doc/rev. 1-6-06
H:\1990\900182.BB\AGM1\Water Service Agreement (Corp) . Rev 09020S.;ev 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
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
By:
Kurt Bressner, City Manager
ATTEST:
City Clerk
(SEAL)
Approved as to Form:
City 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 In the County aforesaid to take acknowledgments, personally
appeared , City Manager and ,
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 day of
,200_.
(Notary Seal)
Notary Public
My Commission Expires:
S:\CA\AGMTS\Water Service\Water Service Agreement (Corp) - Rev 090205,doc/rev. 1-6-06
H:\ 1990\900 182.BB\AGM1\ Water Service Agreement (Corp) - Rev 090205-i"ev 1-6-06,doc
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THIS INSTRUMENT PREPARED BY:
James A. 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, _Robert Vail _, as Corporate Representative of _OK Seahorse, L.L.L.P. _,
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 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 of this power is described as follows:
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 20 _ day of _December
- _, 2010_ and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of
LJ~v- , in the year two thousand. ~
esence of
r
~()o ~ \
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 III the County aforesaid to take acknowledgments, personally appeared
~ebeaJ- {" a.LI as ~ of ~a..f1erse. LU.;f named in the
foregoing agreement and that @she acknowledged executing the same in the ~nce of two
subscribing witnesses freely and voluntarily under authority duly vested in . er by said
and that the Corporate seal affixed thereto is the true corporate seal of
said Corporation.
Witness my hand and official seal in the County and State last aforesaid this I 5 day of
~ ,20 10.
~
My Commission Expires:
/k.1A'./.f~~., NICOlE E. ANGELAKOS
[of ~'f~ MY COMMISSION # DD 736642
~".....i.:!l EXPIRES: March 23, 2012
~'P'f.lr.i\" Bonded Thru Notary Public Underwriters