R00-018 RESOLUTION NO. R00-7~
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
ESCROW AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND CENTREX HOMES, AND
PROVIDING AN EFFECTIVE DATE.
W~EREAS, the subject property is located on the West Side
of the E-3 Canal, and is an addition to the previously
iapproved Leider PUD project, and will be developed into a
recreation tract, allowing an additional 15 units to be
constructed as part of the project;; and
Wt{EREAS, 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
Wq{EREAS, Centrex Homes, is the contract purchaser of the
land in question; and
W~EREAS, the executed water service agreement will be
held in escrow by the City Attorney's Office until and when
the property is sold to Centrex Homes, at which time it will
be recorded in the Public Records of Palm Beach County,
Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
tHE CITY OF BOYNTON BEACH, FLORIDA, TF_AT:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a Water Service Agreement
between the City of Boynton Beach, Florida and Centrex Homes,
said Agreement being attached hereto as Exhibit "A".
Resolution shall
Section 2. This
immediately upon passage.
PASSED AND ADOPTED this
become effective
/.~ day of February, 2000.
Vic6 Mayor
Mayor Pro Tem
Commi s s i one r ~
ggglllllllgl
AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS
This Agreement, made on this ~ff~ day of Jk~U~ , 2000 ,
by and between ~e)< ~O~4 ~ ,
hereinafter called the "Cus5omer," and the City of Boynton Beach,
a municipal corporation of the State of Florida, hereinafter
called the "CITY."
WITNESSETH, that the Customer, his heirs and assigns, for and
in consideration of the privilege of receiving water service from
the MunicipAl Water System agrees to the following:
1. The City agrees to provide Customer with water services
from its Municipal Water System 0nly as necessary to service the
project described in the Application for Water Service submitted
by Customer. The Customer has specified that there will be
..~5. Equivalent Residential Connections and the City hereby
ag~es to serve those ~ Equivalent Residential
Connections.
2. The Customer 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 Customerf~
premises. The Customer shall be responsible for installation and
conformance with all applicable codes, rules, and regulations of
a~l service lines upon the Customer's premises and all such lines
shall first 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 necessary
w~rk or the City may have the work performed in which case the
CUstomer will pay zn 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.
3. Any main extension made under the Agreement shall~ be
used only for the Customer, unless permission is granted by the
City of Boynton Beach for other party or parties to connect
pursuant to the Code of Boynton Beach.
4. Title to all mains, extensions, and other facilities
e~tended from the City Water Distribution System to and including
t~e metered service to Cussomer shall be vested in the City
exclusively.
5. The Customer agrees to pay all charges, deposits, and
rates for service and equipment ~n connection with waser 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 necessary to accommodate
this project shall be provided by the Customer.
7. It is understood by the Customer, and shall be binding
upon the Cdstomer, his transferees, grantees, heirs, successors,
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and assigns, that all water to be furnished, supplied, and sold
under this Agreemen5 is made available from surplus. If the
surplus does no5 exist at the time of Customer's actual request
for commencemen5 of service, as determined by the City's Director
of Utilities, then this CITY, without liability, may refuse to
initiate service 5o 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 pursuan5 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 enacned
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
no annexanion at the option o-f the City a~ any time they are
eligible under any one or more of the above-referenced- laws
concerning annexation. Customer shall inform any and all
purchasers of any or part of this property of this voluntary
petition for annexation and its applicability to such purchasers.
9. The Customer acknowledges that this covenant
a~nexation is intended to be and is hereby made a covenant running
with the la~d described in "Exhibit A," attached hereto and made a
part hereof. This Agreement is to be recorded in the Public
RecOrds of Palm Beach Counn~, Florida, and the Customer and all
subsequent transferees, grantees, heirs, or assigns of Customer
shall be bound by this Annexation Agreement.
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10. It is agreed that the City shall have no liability in
~e event there is a reduction, impairment, or termination in
~ter service to be provided under this Agreement due to any
fohibitions, ressrictions, limitations, or requirements of local,
~gional, state, or federal agencies or other agencies, aside from
%e City, having jurisdiction over such matters. Also, the City
~all have no liability in the even5 there is a reduction,
~pairment or termination of water service due to acts of God,
~cidents, strikes, boycotts, blackouts, fire, earthquakes, other
~sualties, or other circumstances beyond the City's reasonable
)ntrol.
11. The Customer hereby agrees to indemnify, defend and
hpld harmless the City of Boynton Beach, Florida, its Mayor,
M~mbers of City Commission, the City of Boynton Beach, Florida,
ifs 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
rgasonable attorneys' fees (whether or not Incurred on appeal or
i~ connection with post-judgment collection) and costs rising out
o~ or resulting from the Customer's obligation under or
performance pursuant to this Agreement.
12. It is understood by Customer and by the City that the
a~tached site plan "Exhibit B" has been reviewed by the City of
BOynton Beach for compatibility with the City's comprehensive plan
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OR~ 116~5~ P§ 1953
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 parn of the City to
serve Customer if a subsequent site plan results in a change in
land use, density or an increase in equivalent residential
connections.
13. No prior or present agreements or representations shall
b~ binding on any of the parties hereto unless incorporaned 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.
14. This Agreement shall be placed in escrow, to be held by
the City of Boynton Beach City Attorney's Office ("Escrow Agent"),
until the Customer has purchased the property described herein
from the current owner,
~ ~~ ~' ~A~~) whose address is
, or (120) days from the
d~te of this AgreemenE, whichever occurs first. If the customer
h~s purchased the property within 120 days, the Escrow Agent shall
release this Agreement from Escrow and have it recorded in tH~
PDblic Records of Palm Beach County, Florida. On or before the
d~te of closing, Customer shall notify Escrow Agent in writing
t~at this water service agreement shall be recorded in the Public
R~cords of Palm Beach County, Florida. If the customer has not
p~rchased the property within sixty (1~ days, the Agreement shall
b~ null and void and returned to the customer.
15. The parties to this Agreement agree and acknowledge
t~at this Agreement for Water Service Outside the City Limits is
b~nding for purposes of voluntary
annexation, as more
fully
d~scribed in Paragraph 8 above.
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16. Within thirty (30) days of the real estate closing
uansferring the property to Customer, the Customer shall provide
City a fully-executed power of attorney.
IN WITNESS WHEREOF, the parties hereto have set their hands
d seals this ~ day of ~~~ , 2000
[TNESS: INDIVIDUAL(S) AS OWNER(S):
Customer
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FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in th.~. County aforesaid to
take acknowledgmenus, personally appeared '7~/F ~.~- ,
tS me known to be the person ~-'-described in and Who executed the
foregoing instrument or has produced as
identification and acknowledged before me that
executed the same.
WITNESS my hand and official seal in the County and State
last aforesaid this ~2~ day of ~~L~-'-~/Q/ , ~;9c~
NOTP~RY PUBLIC
Print or Type Name
My Commission Expires:
WITNESS:
AS-'~o City o~f B6ynuon Beach
CITY 3~F BOY. NTON_BEACH,
////
.~ ~_ / ,/ ~ %. ~O ....O~
(Corp. Seal)
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me an officer duly
aqthorized in the State aforesaid and in th~ County aforesaid to
t~ke acknowledgments, personally appeared ~'~/~ ~./~&~W~/~f
,~ ~//~ /;3./~, the Mayor and City C~erk respectively of W
the~i~y ~amed in the foregoing agreement and that they severally
acknowledged executing the same in the presence of two subscribing
witnesses ~reely 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
last aforesaid this ~z~ day of
5-4-98
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County and State
ORB I I
My Commission Expires:
(Notary Seal)
NOTARY PUBLIC
Approved as to form:
City Attorney /
Legal
C~ty En
[scription Approved:
ineer
5-4-98
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O~ 11658 P§ 1956
DESCRIPTION:
THE EAST HALF (Et/2) OF THE NORTHEAST QUARTER (NEt/4)
OF THE SOUTHEAST OUARTER (SEt/4) OF THE NORTHNEST
OUARTER (N~t/4), LESS AND EXCEPT THE E-3 CANAL RIGHT-
OF-HAY, SECTIN 2, TOWNSHIP 46 SOUTH. RANGE 42 EAST,
PALM BEACH COUNTY. FLORIDA.
TOGETHER WITH AND SUBJECT TO THAT CERTAIN 20' ACCESS EASEMENT
RUNNING NORTH AND SOUTH CONTIGUOUS TO LAKE NORTH DRAINAGE
DISTRICT E-3 CANAL RIGHT OF HAY, LYING BETHEEN THE NORTH LINE
OF SUBJECT PROPERTY AND EXTENDING NORTHI~ARD TO PIPERS GLEN
BOULEVARD. AS SHOHN ON THE PLAT OF PIPERS GLEN PLAT NO. !
(P. U. D. ), AS RECORDED IN PLAT BOOK 43, PAGE g7, PUBLIC RECORDS
OF PALM BEACH COUNTY,. FLORIDA.
EXHIBIT "A"
O~ 11658 P§ 1957
PR~A~ED ~OR OliN?EX HOM~$ INO.
TR,,~IL
LAND
DESIGN/
SOUTH~
ORB I 1
DOROTHY H. ~ILK~N,
EXHZBZT "C"
OWNER
F4AZLTNG ADDRESS
]ames A. Burg
212 Cape Point Circle
.lupiter, FL 33477
AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMIT~
This Agreement, made on this ~ day of ~A~Z~ , 2000
by and between ~8~ ~40-~ '
hereinafter called the "Customer," and the City of Boynton Beachl
municipal corporation of the State of Florida hereinafter
alled the "CITY." '
Ma~13-~O ~:!3pm 00--0~--~884'
ORB ll6~ P~ 1943
WITNESSETH, that the Customer, his heirs and assigns, for and
n consideration of the privilege of receiving water service from
he Municipal Water System agrees to the following:
1. The City agrees to provide Customer with water services
from its Municipal Water System Only as necessary to service the
roject described in the Application for Water Service submitted
by Customer. The Customer has specified that there will be
15 Equivalent Residential Connections and the City hereby
uonnections.~gr~s to serve those ~ Equivalent Residential
2. The Customer agrees to pay all costs of engineering,
~aterial, labor, installation, and inspection of the facilities as
equired by the ~City Code to provide servzce to the Customer'~
~remises. The Customer shall be responsible for installation and
conformance with all applicable codes, rules, and regulations of
all service lines upon the Customer's premises ~nd all such lines
shall first be approved by the Director of Utilities and subject
to inspection by the City Engineers. The City shall have the
cption of either requiring the Customer to perform the necessary
work or the City may have the work performed 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.
3. Any main exnension made under the Agreement shall be
used only for the Customer, unless permission is granted by the
C~ty of Boynton Beach 'for other party or parties to connect
pursuant to the Code of Boynton Beach.
4. Title to all mains, extensions, and other facilities
e~tended from the City Water Distribution System to and including
t~e 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
o~tside the City limits applicable under City Ordinances and rate
sghedules which are now applicable or as may be changed from time
t6 time.
6. Any rights-of-way or ea~sements necessary to accommodate
this project shall be provided by the Customer.
7. It is understood by the Customer, and shall be binding
upon the Cdstomer, his transferees, grantees, heirs, successors,
5-4-98
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and assigns, that all water 5o 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 Direcsor
qf Utilities, then this CITY, withouc 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
etition for Annexation pursuan5 to Section 171.044 of the Florida
tatutes or any successor or amendment thereto. Furthermore,
hould any other general law, special act, or local law be enacted
hich provides for voluntary or consensual annexation, this
~greement shall also be considered a petitionary request for
nnexation under such other laws. The premises shall be subject
o 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 shall inform any and all
~urchasers of any or part of this property of this voluntary
petition for annexation and its applicability to such purchasers.
9. The Customer acknowledges that this covenant f6r
annexation is intended co be and is hereby made a covenant running
ith the land described in "Exhibit A," attached hereto and made a
~art hereof. This Agreement is to be recorded in the Public
~ecords 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.
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,
~egional, state, or federal agencies or other agencies, aside from
the City, 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 aces 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,
embers of City Commission, the City of Boynton Beach, Florida,
ts Mayor, Members of City Commission, officers, employees, and
gents (both in their individual and official capacities) from and
gainst all claims, damages, law suits and expenses including
easonable attorneys' fees (whether or not incurred on appeal or
n connection with post-judgment collection) and costs rising out
f or resulting from the Customer's obligation under or
erformance pursuant to this Agreement.
12. It is understood by Customer and by the City that the
ttached site plan "Exhibit B" has been reviewed by the City of
oynton Beach for compatibility with the City's comprehensive plan
5-.4-98
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~8 116~8 P§ 1945
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 even5 that the site plan is not
approved, there shall be no commitment on the part of the City to
serve Customer if a subsequent site plan results in a change in
land use, density or an increase in equivalent residential
connections.
13. No prior or present agreements or representations shall
e binding on any of the parties hereto unless incorporated in
his Agreement. No modifications or change in this Agreemen5
uha!l be valid upon the parties unless in writing executed by the
parties ~o be bound thereby.
14. This Agreement shall be placed in escrow, to be held by
~he City of Boynton Beach City Attorney's Office ("Escrow Agent"),
dntil the Customer has purchased the property described herein
from the current owner,
~ ~~ ~' ~A~644~ whose address is
, or (120) days from the
.ate of this Agreement, whichever occurs first. If the customer
as purchased the property within 120 days, the Escrow Agent shall-
elease this Agreement from Escrow and have it recorded in th~
ublic Records of Palm Beach County, Florida. On or before the
.ate of closing, Customer shall notify Escrow Agent in writing
hat this water service agreement shall be recorded in the Public
.ecords of Palm Beach County, Florida. If the customer has not
urchased the property within sixty (12~ days, the Agreement shall
e null and void and returned to the customer.
15. The parties to this Agreemen5 agree and acknowledge
hat this Agreement for Water Service Outside the City Limits is
inding for purposes of voluntary annexation, as more fully
.escribed in Paragraph 8 above.
16. Within thirty {30) days of the real estate closing
ransferring the property to Customer, the Customer shall provide
o City a fully-executed power of attorney.
IN WITNESS WHEREOF, the parties hereto have se5 their hands
nd seals this day of ,
WITNESS: INDIVIDUAL(S) AS OWNER(S):
Customer
5~4-98
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FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the Sta5e aforesaid and in th~ County aforesaid to
take acknowledgments, personally appeared /~? ~ ,
to me known to be the person ~--'-described in and who executed the
foregoing instrument or has produced as
identification and acknowledged before me that
executed the same.
WITNESS my hand and official seal in the County and State
last aforesaid this ~ day of
My Commission Expires:
NOT~zRY PUBLIC
Print or Type Name
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
AS ~/~ Cit~ of Bd~nto~ B~ach
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
t~ke acknowledgments, personally appeared ~W~/~ ~- /~.~'~ 7
~2~6 /~ ~¢, the Mayor and City ~lerk r~spectively o~
the6)Cit~ named in the foregoing agreement and that they severally
acknowledged executing the same in the presence of two subscribing
w~tnesses f, reely and voluntarily under authority duly vested in
t~em by said City and that the C%ty seal affixed thereto is the
true corporate seal of said City.
WITNESS my hand and official seal in the
last aforesaid this ~&~r day of
5-4-98
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O~B 1 16:,,58 P§ 19,47
My Commission Expires:
(Notary· .Se ~
i~ppro~ a, I/ to form:
Legal ~Approved:
City Ingineer
NOTARY PUBLIC
~x~v~,"% Barbara M. Madden
~','4.~i~i~ " -~, ,
1~ e
BONDED THRU
ur T-- ATLANTIC BONDING CO.. INC.
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.* 08 1165B P§ 1948
DESCRIPTION:
THE EAST HALF [Ei/2) OF THE NORTHEAST I~UARTER (NE:t/4)
OF THE SOUTHEAST-OUARTER [SEi/4) OF THE NORTHI~EST
OUARTER (NM1/4). LESS AND EXCEPT THE E-3 CANAL RIGHT-
OF-WAY. SECTIN 2. TOWNSHIP 46 SOUTH. RANGE 4P EAST,
PALM BEACH COUNTY. FLORIDA.
TOGETHER WITH AND SUBdECT TO THAT CERTAIN 20' ACCESS EASEMENT
RUNNING NORTH AND SOUTH CONTIGUOUS TO LAKE WORTH DRAINASE
D I STR ! CT E-3 CANAL I:il GHT OF I~AY. LY I NG BETWEEN THE NORTH L I NE
OF SUBJECT PROPERTY AND EXTEND IN~ NORTHWARD TO PIPERS GLEN
BOULEVARD, AS SHOWN ON THE PLAT OF PIPERS GLEN PLAT NO. !
(P. U; D. ), AS RECORDED IN PLAT BOOK 43, PAGE 97, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
EXHIBIT "A"
658 P§ 1949
EXHIBZT "C"
OWNER
MA1'LZNG ADDRESS
]ames A. Burg
212 Cape Point Circle
]upiter, FL 33477