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R12-098f 3 water and sewer service area, at 1163 Highland Road, Lantana, Florida (PCN: 00-43-45-0� 14 08-000-0760); and 15 WHEREAS, the parcel covered by this agreement includes a single-family home 16 located in unincorporated Palm Beach County portion of the City's utility service area; and 17 WHEREAS, the property historically receives water from a well and the owner no's 18 requests that the City provide potable water in the future; and 19 WHEREAS, no additional construction will be required by the City to serve this U11MET, nol - "411 01 11 , III 111 5110 N 0 , k ��� I 11519013[l] - 0 6 M 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the Interim City 27 Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida 28 and Chuck Wong and Sou Mui Wong, a copy of said Agreement is attached hereto as Exhibit Document in Windows Internet Explorer I "Alt. 2 Section 3. This Resolution shall become effective immediately upon passage. 3 ' PASSED AND ADOPTED this I Document in Windows Internet Explorer Name: Address: 1iC� Y CLLERK S O 12 %0V 13 PH 105 CFN "• OR BN 25564 FG 1902 RECOR 10/31/201 Palm Beach County., Florida Sharon R. Bock,CLERK & COMPT 90 AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS (Individuals) This Agreement, made on this 24 day of JULY . 2012 , by and between: CHUCK WONG SOU MUI WONG , hereinafter called the "OWNER(S)," and THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "CITY." WITNESSETH, the City and the Owner(s), in consideration of the mutual covenants exchanged herein, agree as following: 1. Owner(s) represents and covenants that it owns the following described real property (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: 2. The City agrees to provide Owner(s) with water services from the City water system only as necessary to service the Property. 3. Owner(s) shall not use or supply water it receives from the City to service or benefit any property other than the Property described in paragraph 1 above, unless written permission is granted by the City of Boynton Beach. 4. The Property requires 1.0 (specify number) Equivalent Residential Connection(s). 5. The Owner(s) 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 Owner(s)'s premises. 6. The Owner(s) shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Owner(s)'s premises and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring the Owner(s) to use a licensed contractor to perform the necessary work or the City may have the work performed in which case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner(s) will also advance to the City such additional funds as may be necessary to pay the total actual costs of providing the work. 8. Any water main extension made under the Agreement shall be used only for the Owner(s), unless written permission is granted by the City of Boynton Beach for other party or parties to connect pursuant to the Code of Boynton Beach. G: \Water Service Agreements \WSA (Sndivual) rev 092211,doc -1- 9. Ownership and title to all mains, extensions, and other facilities extended from the City Water Distribution System to and including the metered service to Owner(s) shall be vested in the City exclusively. 10. The Owner(s) 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. 11.Owner(s) shall pay a twenty -five percent (25 %) surcharge on all water use charges to the Property. 12. Any rights -of -way or easements needed by the City to provide water to the Property shall be provided by the Owner(s) and at the Owner(s)'s expense. 13. It is understood by the Owner(s), and shall be binding upon the Owner(s), 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 Owner(s)'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. 14. The Owner(s) 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 request by the Owner(s) for annexation under such other laws. The Property 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. Owner(s) 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. 15. The Owner(s) 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 Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Annexation Agreement. 16. 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 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 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. G: \Water Service Agreements \WSA (Indivual) rev 092211.doc M 17. The Owner(s) 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 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 Owner(s)'s obligation under or performance pursuant to this Agreement, including disputes for breach of warranty of title. 18. It is understood by Owner(s) 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 Owner(s) if a subsequent site plan results in a change in land use, density or an increase in equivalent residential connections. 19. No prior or present 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. 20. The Owner(s) warrants to the City that Owner(s) holds legal and beneficial title to the property which is the subject of this Agreement. 21. In the event of a sale of the property by Owner(s), Owner(s) agrees to provide written notice of the existence of this Agreement to the buyer of the property prior to or in conjunction with the closing of the sale transaction. SIGNATURE PAGE FOLLOWS G:\Water Service Agreements\WSA (Indivual) rev 092211.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND CHUCK WONG SOU MUI WONG (INSERT NAME) IN SS WHEREOF, the parties hereto have set their hands and seals this .. day of 20 WITNESS as to Owners: Witness Sign&ure Printed Witness * lame nt Witness Signature Printed Witness Name Witness Si 1,u Printed Witnes Name INDIVIDUALS) AS OWNERS: Owner Signature ,e $.f Printed Owner Name lit, I Owner Signature Printed Owner Name Witness Signature Printed Witness Name FOR OWNER(S) NOTARIZATION: STATE OF 10" j [ ) ss: COUNTY OF Y(I ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State oresM and in e County aforesaid to take acknowledgments, personally appeared jl� to me known to be the person(s) described in and who executed the foregoing instrument that he /she acknowledged before me that he/she executed the same; that the individual personally known to me or provided the following proof of identification: �, . A WITNESS my hand and official seal in the County and State last aforesaid this 1 day of COME CHERRY -0URRIAM * MYCOMMISSION #EE207630 EXPIRES:Ju 12,2016 (Notary Seal) ' aF� �� saWadThruBu 7 My Commission expires: i � d (} �1 Notary Public J G: \Water Service Agreements \WSA (Indivual) rev 092211.doc —4— JO�'"_VZEN Le-E CITY OF BOYNTON BEACH AND !�F!Try womr. SOU MW WONG (INSERT NAME) - ATTEST: LC JiC Approved as to Form: '- 40 City Atto*r) STATE OF FLORIDA )ss: COUNTY OF PALM BEACH) CITY OF BOYNTON BEACH, FLORIDA, a m cipal corp tion By: Florida 76, 71 Lori LaVerrierejInterim City Manager 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 Lori LaVerriere, Interim City - Manager and ­r- T to 1 6 , -V 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, WITNESS my hand and official seal in the County and State last aforesaid this I S 0 (Adher 20@,) day of (Notary Seal) Ap_f_cuut_ P_ ovaul-0- Notary Public MY Commission Expires: IN WITNESS WHEREOF, we have hereunto set our hands and seals the i— 114D day of A "I in the year 20V) Sealed and delivered in the presence of 77 Witness 51 C .. ... ....... Print,Name Witnerg Si x" Ab Print Name Witness Sia aiure ZL- �111111 - 1 Pri firarq J Witileis Print Name STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH Owner Signature pp 0 Aj Print Name r, Owner Signature Print Name THE FOREGOING INSTRUMENT was acknowledged before me this I b4 day of 20_�IL, by . bkj,& and u Ch who are known to�'me or who have produced as identification and who did/did not take an oath. CATNERINEWERRY-W*XA MY COMMISSION # EE 207630 EXPIRES: June 12, 2016 Pondod TW Oudgm N*ry Smku X'L oil n OTARY PUBLIC , herine 06p( 6, u!)e r rw n Type or Print Name My Commission Expires: Commission No. FX0 S ACAUGIAWWater Service\power of atty.doc -- 1 -6 -06 EL 1-6-06.doe