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R16-025 1 RESOLUTION NO. R16 -025 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 - CITY MANAGER TO SIGN AN AGREEMENT FOR 6 WATER SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND 1042 HYPOLUXO ROAD 9 LLC; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, at 1044 Hypoluxo Road, Lantana, FL 33462 (Parcel Control 14 Number 00- 43- 45- 09 -03- 000 - 0080); and 15 WHEREAS, the parcel covered by this agreement is located in the unincorporated 16 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 18 requests that the City provide potable water in the future; and 19 WHEREAS, no additional construction is required by the City to serve this property. 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'sign a Water Service Agreement between the City of Boynton Beach, Florida and 1042 27 Hypoluxo Road LLC., a copy of which is attached hereto as Exhibit "A ". 28 Section 3. This Resolution shall become effective immediately upon passage. 29 C:\ Users \pylej\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. IE5\ VI3EZS1G \1044_Hypoluxo_Road_WSA_ - Reso.docx 30 PASSED AND ADOPTED this 16 day of February, 2016. 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor — Jerry Taylor •.-' 37 38 Vice Mayor — Joe Casello 39 40 Commissioner — David T. Merker �- 41 42 Commissioner — Mack McCray v'� 43 44 Commissioner — Michael M. Fitzpatrick V 45 46 47 VOTE 48 49 ATTEST: 50 51 52 c , ' , �Z ' ✓ fc 53 Judith A. Pyle, CMC e l 54 Ixite im City Clerk 55 56 d °: a 4,. a ,.z. 58 (Corporate Seal) p� A. 59 � -� titv 4.iti. A v im. * C: \ Users \pylej \AppData \Local \Microsoft\Windows \Temporary Internet Files \Content.IE5 \VI3EZS 1 G\1044_Hypoluxo_Road_WSA_- Reso.docx ' CFI 20160072783 , �;�, 0.� IMI11I111' 111011111111111111111111111111111111111111 OR BK 281:37 PCs 41463 RECORDED 03/02/2016 2 /2id16 1 :it's :did l Palm Beach County, Florida VI N �5 -1 t Sharon R. Boc &.,CLERK & COKPTROLLEE ' :I Pigs 046 - 469; (7p�gs) �• o N 4, , AGREEME FOR WATER SERVICE OU'1 S1vt; '— __ THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of �ol.3A 16, by and between 1042 HYPOLUXO ROAD, LLC (Name of Corporation), hereinafter called the "Customer ", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City ". 1 WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide watej., service to the property owned by Customer; and ,, C ?� =i _. :; a WHEREAS, the City of Boynton Beach has the ability to provide water service to C property; and x.-- c.> x,. iri �-+ WHEREAS, the City of Boynton Beach has a policy which conditions the grant c wa' services outside of its jurisdictional limits on annexation of the property to be serviced into fRe C at the earliest practicable time. —.a m D x 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 t 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 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. 11. 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 2 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) 3 WITNESS: CORPORATION AS OWNER(S): By: /Srs� iAt2 ct' Witne ‘041 ignature Its: (9 e ACII Printe W i t ness Name 'rint Name and Title W' n ss Signature Vct tn.az, Ke_I (h-ec {CORPORATE SEAL} Printed Witness Name ATTEST: Secretary Print Name FOR CORPORATE NOTARIZATION: STATE OF - ( , ,f% ) )ss: COUNTY OF Vh \,m ,� ) 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 C.9-t-,1 as ►„` of \ , c yx r\� Lir_ named in the foregoing agreement and that he /she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him/her 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 County and State last aforesaid this D,Q day of ,201 _6. x tia 7 • • TARY PUB iesi N Notary Pubflo State of Florida � 1 � l �� J C��� M Commission �p My Commission FF 177863 Printed Name a! fix •' 11/4 ' 18 4 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 Lori La erriere, City Manager ATTEST: ( ' lerk (SEAL) Approved as to Form: 1 V r AA City Attorney0s.1.1 4 k tort, STATE OF FLORIDA �.` �g'' )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 Lori LaVerriere, City Manager and7S A \c\ a-9 9 c.9 @_ , 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 5 day of e.‘c ( 9.. �-� , 2010. (Notary Seal) Notary Public 9 My Commission Expires:3/ /f/ :'• TAMMY L STANZIONE ,„' MY COMMISSION # FF213683 EXPIRES March 25. 2019 14C7) 3;8-0 rtoridallo;arySwvice.coii 5 • ,� , ,,P % 1 r0N 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, MOHAMMAD ABDELAZIZ, as Corporate Representative of 1042 HYPOLUXO ROAD, LLC, 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: PCN No.: 00- 43- 45- 09 -03- 000 -0080 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of . 3 <it'X.\' lik " CO 0(� and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the 2_2 day of � ,`(1 (A , i n the year 201 & . Sealed and delivered in the presence of � , L � Corporation Name: ,0 , Q H 9U ©/- (iYo /D ac ____ e i n. u ig _ e ��" O�JENS Byf/''/ r\— Print Name 'Z I - / Print Name and Title: / I I ,— -Cpl 1t 4 AL 111. W ess Signature ATTEST ! . V«ct, K di J.r Print Name Secretary Corporate Seal: STATE OF c' \pf , ) ) SS: COUNTY OF__ c c_ ) 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 �M.rrnmac` (\.. 'Ahc\e`o. as .,\■ of iOV2 1 \1 pcAu .0 cock 1.1.0 Named in the foregoing agreement and that he /she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him/her 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 County and State last aforesaid this . day of J0,,nu(1..x3 , 201 , ►*� Notary P ublic State of Florida NOTARY PUBLI Taral Pratt —7 ----- C�-A - \-- MY %orw Expire 11 9 12018177863 `� Printed Name My Commission Expires: 1 ■ .0\ • Z u lj S: \CA\AGMTS \Water Service\Power of Attorney -Corp. 1- 6- 06.doc 1 H:\ 1990 \900182.BB\AGMT\PowerofAttomey -Corp 1- 6- 06.doc I