R01-234RESOLUTION NO. ROi-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHOP~ING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR WATER SERVICE
OUTSIDE THE CITY LIMITS AND COVENANI FOR
ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND GERALDINE A. HAMMOND; AND
PROVIDING AN EFFECTIVE DATE.
WItEREAS, the subject property is located outside of the City Limits. but within our
water and server service area, located in an unincorporated area between Boymon Beach and
Dekay Beach along the east side of US 1; and
WHEREAS, City policy requires annexation of the property- to be serviced at the
earliest practicable time, as a condition of the granting of water services outside its
urisdictional limits; and
WHEREAS, Geraldine A. Hammond is the owner of the land in question; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
rilE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
~xecute a Water Service Agreement between the City of Boynton Beach, Florida and
Geraldine A. Hammond, said Agreement being anached hereto as Exb~bit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ,~ I day of August, 2001.
CITY O~ BOSTON P~EACH, F%ORIDA
.Vice Mayor
CommiSsioner
T~IS INSTRLIMENT PREPARED
James A. Cherof Esquire
Joslas & Goren. P.A.
3099 East Commerciml Blud
$e~-06-~001 ll:17am 01--384729
[}RB 1 :=>8-F9 Pg <=3~S
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AIFD COVENANT FOR ANNEXATION
THIS AGREEMENT made on 5his
~/~ilby and between %~[~
hereinafter called the "Customer", and the CITY OF ~OYNTON BEACH,
a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the
3urisdictional 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 abillny ~o provide
water service to Customer's properuy; and
WHEREAS, the City of Boynton Beach has a policy which
conditions the grant of water servzces outside of its
jurisdictional limits on annexation of the property ~o be serviced
into the City at the earliest pracuicable time.
NOW THEREFORE, for and in consideration of the~ privilege of
receiving water service from the Municipal Water ~ystem
amd
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 Municmpal Water System ~o servzce the real property
described as follows and which Customer represenns is owned by
Customer: ~6.r ~
2. The Customer and the City hereby agree nhat there are
Equivalent Residential Connectzons which City shall service.
3. The Customer agrees to pay all costs and fees of
engzneering, material, labor, installation and inspection of the
facilities as required by the City of Boynton B~ach Code of
Ordinances or Land Development reaulations to provide service to
the Customer's premises. The Customer shall be responsible for
installation in conformance with all codes, rules an~ regulations
applicable to the installation and maintenance of Water service
lines upon the Customer's premzses. All such li~es shall be
approved by the Director of Utilities and subject to ~nspection by
the City Engzneers. 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 bas 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.
~. Any water main extension made pursuanm 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 connecmions 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 co pay all charges, deposits and
rates for service and equipmenm in connection with wamer service
outside mhe City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to
mime.
7. Any rights-of-way or easements necessary to accommodate
the connectmons shall be provided by the Customer co 5he City.
8. The Customer shall, contemporaneously execume and deliver
to the City an Irrevocable Special Power of Attorney granting to
the City the power and authority 5o execute and advance on behalf
of the Customer a voluntary petition for annexatmon. Customer
covenants that it shall cooperate with the City and non raise
opposition or. challenge to such annexation if and w~en 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
5his covenant and of the irrevocable special power of attorney, but
Customer's failure to provide such notmce shall no~t 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. The Customer acknowledges that this covenant regarding
annexation is intended to be and is hereby made a covenant running
with the land described mn paragraph 1 above. This Agreement and
the power of attorney referenced herein is to be recorded in the
Public Records of Palm Beach Countyf Florida, and the Customer and
all subsequenn transferee, grantees, heirs or assigns of Customer
shall be binding on the Customer and all successors and assigns.
10. It is agreed that the City shall have no liability {n the
event there is a reduction, impairment or termination in water
servmce no be provided under this Agreement due to any
prohibitions, restrictions, limitatzons or requirements of local,
regional, State or Federal agencmes or othe~ a~encmes having
jurisdiction over such matters. Also, the Cmty 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.
11. The Customer hereby agrees to indemnify, defend and hold
harmless the City of Boynton Beach, Florida, its Mayor, Members of
ORB I
the City Commzssion, Officers, employees and agenns (Both in their
individual and official capacities) from and agains~ all claims,
damages, law suits and expenses including reasonable attorneys fees
(whether or not incurred on appeal or in connection with post
judgmen~ collection) and costs rising out of or resulting from the
Customer's obliganion under or performance pursuant 5o this
Agreement.
12. No additional agreements or representations shall be
binding on any of the parties hereto unless zncorporated in this
Agreemenm. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties ~o
be bound thereby.
IN WITNESS WIqE~OF, the parries hereto have set their hands
and seals 5his ~; day o~ ~ ~/~ _ . .
~WIDU~(S) AS ~$R(S): ~
~~~~. (Print name)
(As to o~er~ ~ ~
(As to o~er) (Print name)
(As to owner)
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACh)
I HEREBY CERTIFY that on this day, before me, a~ office~ duly
authorized in the State aforesaid and in ~Count~afor~said to
tak~ acknow!e~9~nents, personally appeared
~~ to me kno~ 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 was personal~~t~,~ o~ provided the following
proof of identification ' -Q~~ ~ (-i~
WI~ESS my hand ~d official, ~eal,~he County and State last
aforesaid this ~day of ~~
(Nota~ Seal)~S~L ~1%~ - ~'
WITNESS:
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH)
ss:
ORB 12
CITY
~ BOY ~TO~N B
~rk
879 P§ 957
~CH, FLORIDA
APPROVEC AS TO FORM:
I HEREBY CERTIFY that on this day, before me, a_~ officer dul~
aunhorized in the State aforesaid and in the Countz aforesaid to
take acknowledgments, personally appeared ~/J ~'~ ,
Mayor and ~'~f~ f~/TO , ~ity Clerk respectt4zely,
of the City named in the foregoing agreemenn 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 corporane seal affixed thereto is the true corporame
seal of said City.
WITNESS my hand and official seal in the County ~nd State last
aforesaid this _~ ~ day of
(Notary Seal)
~ ~ ~Commi~ ~ CC 760467
-- BONDEDTHRU
~n~ ~ ~T~C BONDinG CO..
Notary Public
Legal Description Approved:
C~ty Attorne6f~'
JAC/lms
900182
12/12/95.rev
WATERSRV.1
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