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R94-93RESOLUTION NO. R94-~ 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 SCOTT A. SORRELS AND JODY R. SORRELS, HIS WIFE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located at 3601 Old Boynton Road, which is between Congress Avenue and Lawrence Road, in the unincorporated portion of Palm Beach County; and WHEREAS, as part of the City's distribution improvement program, the Utility Department recently extended a 24-inch water main in Old Boynton Road, across the above property; 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 of Boynton Beach, Florida, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to execute a Water Service Agreement between the City of Boynton Beach and Scott A. Sorrels and Jody R. Sorrels; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach and Scott A. Sorrels and Jody R. Sorrels, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become immediately upon passage. PASSED AND ADOPTED this / day of June, 1994. effective CITY OF BOYNTON BEACH, FLORIDA ATTEST: Ci~ Clerk (Corporate Seal) Water. Ser Sorrels.Res 6/1/94 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMIT~Q~ This agreement, made on this ----- day of , 19 by and b:etwe~n~~ ~,-~,~y ~o~'~ ~oF~ .~ ~,~ , hereinafter called the "~ustomer", and the City of Bo~nton BeaCh~ a municipal cor- poration of the State ~f 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 provide Customer with water services from its Municipal ~ only as necessary to service the project described in the Appl ~n for Water Service submitted by Customer. The Customer has here will' be Equivalent Residential lonsand ~the City hereby: agrees to serve those Equivalent Residential Connections. 2, The Customeragrees to pay all costs of engineering, material, labor, installation.and inspection of the facilities as required by the City Code to provide servtce to=the Customer's premises. The Customer shall be responsible for instalilatlon 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~Ctty Engineers. The City shall have the option of eit ring the Customer to perform the necessary work or the rk performed in which case the Customer will pay in costs thereof. In the event the.City has such work performed, the Cust ll also advance such additional funds as may be necessary to payth :al actual costs. 3. Any main extens ur the Agreement shall be used only for the Cu ranted;by the City of Boynton Beach for other party to connect pursuant:to the Code of Boynton Beach . 4. Title to all mains, extensions and other facllltles 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 [71.044 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 any one 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 i)ts applicabilities, to such purchasers. g. 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 A", 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. 5/26/8g 10. It is agreed that the City shall have no liability in the ~vent 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 State or Federal agencies or have no ination ofwater blackouts, fire, earthq~ beyond the:City's reason~ .'re so the City shall or term- of God, accidents, strikes, boycotts, or other circumstances the Off~ The , defend and hold harmless City Con~nission, In( thts Agreement 12. stte ,p compatiblllt) and den guide for dev use, 13. lng on any modlftcatl unless in writing I this lcrease :e pursuant to Customer and by the City that the attached by theCity of Boynton Beach for it relates to land use City and is to be the ~d. In the ,event that the site to commitment on the part of the City plan results ina change in land equivalent resldentialconnections. s~or represen Lions shall be bind- this Agreement. No lid upon the parties rties to be bound thereby. reto have,setrtheiFI91~,,?~y~ hands and seals WITNESS: INDIVIDUAL(S) AS OWNER(S) FOR INDIVIDUAL(S) NOTORIZATION: STATE OF ) COUNTY OF ) 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_e~qge~ents, personally appeared ~h~ Y~r~'~/~ ~- -~-~./~:,~,~L..s , to me known to be the person described in and who executedthe foregoing instrument and acknowledged before m~ that executed the same. WITNESS my~hand and offt~al seal in the County and StatA last afore- said this ~'/q day of (Notary Seal) / ./. :' ..N.N. otary Publ i¢~,/ ./ / My Comission Expires: 5/26/89 WITNESS: CITY OF BOYNTON BEACH, FL Mayor As to City of Boynton Beach ATTEST: City Clerk {Corp. 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 acknowledgements, personally appeared , Mayor and , City Clerk well known 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 sam( 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 day of 198_._. (Notary Seal ) Approved as to rom: Notary Public My Commission Expires: City Attorney Legal Description Approved: City Engineer 5/26/89 This instrument prepared by: GUIFATLANTIC TITLE AGENCY, INC. 98 SE 6TH AVENUE DRTRAY BEACH, FLORIDA 33483 90-1875 JU~29-t~)O 04:51em c~O-- 1 89773; ORB 65;,04 P~ ~. 424 Con 70,000.00 Doc JOl~l 8 DUPLE'CLERK - PB COUNTY, 385.00 FL [Space Above This Line For Recording Data] arrarti (STATUTORY FORM--SECTION 689.02 ES.) ~lli~ ~nbenture, madethis 29TH day of WALTER RATTY, JR. AND ROSEMARZ RATTY, HIS WIFt~UNE of thc County of PA/.M BEACH , State of FLORIDA SOOTT A. SORRELS AND dC)DY R. SORRELS, HIS WIFE 1990, , grantor*, and whose post office address is 3601 Old Bo3rnton Rd., Bo~nton Bo_~cah, of the County of PALM BF.&CH , State of FLORIDA F1 33436 · grantee*, Jtllitneaaetll: That said grantor, for and in consideration of the sum of TEN AND NO/100 .................{sO1.00l-- .DO and other good and valuable considerations to said grantor in hhnd ~fiid'by said gmntee'~eipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following describexl land, situate, lying andbeingin Palm B~ac.h County, Florida, to-wit: LOTS 54, 55 AND 56, BLOCK 15, WEST BOYNTON PLAT 2-C, AOOORDING TO THE PLAT THEREOF, RECORDF~ IN PLAT BOOK 15, PAGE 14 OF THE PUBLIC RECO~ OF 'PALM BEACH OOUNTY, Subject to restrictions, reservations, casem~nts and limitations of record, if any, provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend that same against the lawful claims of all persons whomsoever. *"Grantor" and "grantee" are used for singular or plural, as context requires. ~C~JI't ~i~l'tg~ ~hl~rl~l~{, Grantor has hereunto set gra.~tor's hand andj~al)the say and year first above written. Signed, sealed and delivered in our presence, x,~\ A, /~. / , _ - - ' 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 acknowledgments, personally appeared WALTER RATTY, JR. AND ROSEMARY RATTY, HIS WIFE to me known to be the person described in,,and who executed the foregoing instrument and acknowledged before me that executed the same. 1990' WITNESS my hand and officia!.'s6~l and State last aforesaid this 29TH day of JUNE , M~.... ~c~.amm~l~ -~i'-il~xpires: PALM BEACH COUNTY, FL ~,~-.~: 24, 1992 JOHN B. DUNKLE CLERK CIRCUIT COURI Scott A. and Jody R. Sorrels 3601 Old Boynton Road Boynton Beach, Florida 33436 Telephone Number: (407) 731-4~77 Number of Bedrooms: 3 Number of Bathrooms: 4