R01-270RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHOPdZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR WATER SERVICE
OUTSIDE THE CITY LIMITS AND COVENANT FOR
ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND THE WINDSOR INVESTMENT GROUP,
L.P.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
water and sewer service area, located in an unincorporated area between Boynton Beach and
Lantana along the east side of Seacrest Boulevard; 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
jurisdictional limits; and
WItEREAS, the City does have potable water mains adjacent to the property and a
main on the property, although the property is currently undeveloped
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
~ a Water Service Agreement between the City of Boynton Beach, Florida and
The Windsor Investment Group, L.P., said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this I (o day of October, 2001.
100901
~ommissioner
THIS INSTRUMENT PP,~PA P~D B Y
James A. Cherof, Esquire
,~i~ & ~o~n, P A.
3099 East Commercial Blvd.
Suite 200 '
Ft. Lauderdale. FL 33308
[~ol-
Illlllillli[lllilllillll[
12/06/2001 lt,:13:45 200105t~Ot,§5
OR I~1 13159 PG 0912
Palm Beaeh County, Florida
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this l~o day of ~)d,Tol~t. ~ 20or , by
and between The Windsor Investment Group, L.P. 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 of the jurisdictional limits
of the City of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boymon 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 se~ice 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 ,/~/
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, roles and regulations applicable to
the installation and maintenance of water service lines upon the Customer's
BO0~ 1~59 PAGE 091~
premises. All such lines shall be approved by the Director of Utilities and subject
to inspection by the City Engineers. The City stroll 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 wkich 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 mmn 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. Ail 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 m 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 oi bar
to the City's rights as set forth herein. The Customer acknowledges that the
consideration of initially connecting m the City's water supply is sufficient m
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
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
the Customer and all subsequent transferee, grantees, heirs or assigns of
Customer shall be binding on the Customer and all successors and assigns.
BO0~ 13159 PACE 0915
Notary Public
WITNESS:
STATE OF FLORIDA )
I SS.'
COUNTY OF PALM BEACI-B
CI/TY OF BOrYN,T, ffN BEA:H, FLORIDA
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 ..~.;,ot~,.~ /-. /-~'oe'-'7,-,,~5
Mayor and ~._T~,-/~r~ ,r~. /z~./.,~/'/O ,~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 tree corporate seal
of said City.
WITNESS my hand and official ~eal in the County and State last aforesaid
this 0-2/-s'F--day of ~7 ~ ,200/_.
(Not.l~I~l~arbam M. Madden
~ .~ ~[~ommissian # CC 76~7
~ Expk~ Ju~ 19, 2002
~ ~ BONDED THRU
Notary Public
Approved as to form:
Legal Description Approved:
City Attorney
JAC/lms
900182
12/12/95.rev
WATERSRV. 1
13159 PAGE 0914
[0. [t is agreed that ttte City shall have no liabihtv in the event there ~s a
reduction, impairment or termination in water service m b'e provided under this
Agreement due to an), prohibitions, restrictions, limitations or requirements of
local, regional, State or Federal agencies or other agencies havina jurisdiction
over such matters. Also. the City shall have no Iiability in the ev~t there is a
reduction, impairment or termination of water sen:ice due to acts of God.
accidents, strikes, boycotts, blackouts, fire. earthquakes, other casualties or
other circmnstances beyond the City's reasonable control.
I 1. The Customer herei~y agrees to indemnify_ defend and hold ham~less
the City of Boynmn Beack. Florida. its Mayor, Members of the City Commission.
Officers, employees and agents tBoth in their individual and official capacnies~
t'rom and against ail 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 our of or resulting from the
Customer's obligation under or performance pursuant to this Agreement.
12. No additional agreements or representations shall be binding on any
of the pames hereto unless incorporated in this Agreement. No modifications or
change in this Agreement shalt be valid upon the parties unless in v~Titing
executed by the parties to be bound thereby.
IN ~WITNESS WHEREOF, the parties hereto have set their hands and seals
this ~e92Q_~aay of ~
.. ,2001.
WITNESS:
INDIVDUAL (S) AS OWNER{S j:
The ~v'i~dsor Investment Group, L.P.
By: Karen Larosiere, General Partner
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
] SS:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this da5', before me. an officer duly authorized
in the State aforesaid and inthe County aforesaid to take acknowledgmJms,
personally appeared Karen Larosiere t0 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 was personally known to
me or provided the following proof of identification:
_~TNESS my ~md _and official seal in t,~ ~C~..~ and State last aforesaid
this ~'"-day of r~
(Notary Seal)
BOO[( 13159 PAGE 0916
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Palm Beach
I/We, The Windsor Investment Group, L.P., hereinafter "Grantee", hereby
make, constitute, and appoint TH~ 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 anriexation 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 m act on Grantee's behalf to
accomplish annexation by any available means. The real property which is the
subject oft/tis power is described as follows:
BOOA 13159 PAGE 09t7
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
r~J;'~,:~3~,z , 200 . and the powers and authority shall be in'evocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
'b" "day of P~'~ ~em &-r , in the year two thousand and one.
//~~'W and delivered in the presence of
The Windsor Investment Group, L.P.
~ ~.,~ __~.~_ by: Karen Larosiere, General Partner
. . ~-_~-~='~-~'-~ .....
Witr
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FO _REGOING INSTRUMENT was acknowledged before me this ~ ~/'~
day of .f'.~.xil~.f. cco.-- , 200~ by Karen Larosiere who is known to me or who
have produced ~. ~ ~ & ~Yo Y ~ 7 ? ~ o ~Jr~ ~'. ~,¢> as identification and who did/~
take an oath.
Donna M. ,ScuJJ,/
August 28. 20~
My Commission Expires:
POA.1ND
NO~F~ARY~ PUBLIC'
Type or Print Name
Commission No.
BO0~ 1~159 PAGE
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LOCATION MAP
N,T.S.
O. 10
SECTION 9, TOWNSHIP
30 60 90
GRAPHIC SCALE N FEET SCALE : 1" =
45 SOUTH, RANGE 43
FAST