R01-290RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A AGREEMENT FOR WATER SERVICE
OUTSIDE THE CITY LIMITS AND COVENANT FOR
ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND CONDOR IN-VESTMENTS OF PALM
BEACH COUNTY, INC.; 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 near the southeast quadrant of Military Trail and
Hypoluxo Road; and
WHEREAS, City policy reqmres aunexation of the property to be serviced m the
earliest practicable time, as a condition of the granting of water services outside its
urisdictional limits; and
WHEREAS, the City does have potable water and sanitary sewer mains adjacent to
~e property, the property is currently undeveloped. It is planned for a multi-family
residential usage of 214 dwelling units p. lus a clubhouse/leasing office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
FHE CITY OF BOY1NTON 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
;ondor Investments of Palm Beach County, Inc., said Agreement being attached hereto as
;xhibit "A".
Section 2. Tiffs Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this (~ day of November, 2001.
CITY OF ~fOYNT~ONfl3EA~H, FLORIDA
Mayor/~ ~D
Vice
Commissioner
Comrmssioner
~02501
THIS INSTRUMENT PR EPAP-.ED BY:
gamss A. Cherof. Esoulre
Josias & Gomn. P~
3099 East Commercial Blvd,
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this day of 20 ,
by and between Cond°r Investments ef Palm Beach'County Inc. here halter
called the "Customer", ancl 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 Beynton Beach, Ftorida; and
WHEREAS, Customer has requested that the City of Boynton Beach,
Florida provide water service to t:he 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 practica ~le 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 service from its
Municipal Water System to service the real property describeO 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, rules
and regulations applicable to the installation and maintenance of water
service li'nes upon the Customer's Director of Utilities and subject to
Land Design South ~7B-5012 p.3
inspection by the City Engineers. The City shall have the option of either
requiring the Customer to perform the work necessary, to conform the ines
or the City may:'have ,the work perforrned: On behalf of the: 6ustomer, in
Which Case the ~gstomer will pay in a~dvance a I estimated costs thereof, n
the eVent the ~fty l~as such Work performed, the 'Customer Will also
advance ~ch additibnai funds as m~y be necessary {o Day the total actual
costs incurred by the City.
4. . Any water .main extension made pursuant to this Agreement shall be
used only by; t~e Customer; unless wr tten consent~,~s granted by the City of
BO~nt~B~ch for Other parties to connect. ,All conne(~tions sha l be made
i'n accorda~ice'~ith the C~des and regulation~ of BoyntOn Beach
5. Title toati mains extenS Ohs and' other faci ities eXtended frpm the
City Wate~r D[s!dbufion Syste~t0 and in~:'l'gcJing the metered "~er;vice to
Oustomej'~,shal/; ~e vested n the :City exc us ye ~ ~"]less otherwise conveyed
o'r. abando[~ed tO the property ov~ne~. '
6. :. The: Customer, agrees to pay-a char s 'de Os'
~,,- .- _; ,. ~ ge, p ~ts and r:ates for
service Ah e u m , . .
~ ~ ~ q p e~n~ in conn,ectlor~ w~th Water ~e
~ .... , .. , ~, ..... :~ , ~l~e outside the C
Hm~ts app t~bfe under C~ty Ord n~ces a~d ~*- ~-~.-,~- - ~,-- ~
~pp~cao~e wn~cn may De changed from time t0 time. '
7. Any rights~f.w, ay or easements necessary to accommoda
' . : ....:. ' · ~ te the
connecflctns ~fiall,,be provided by the'Customer to the City.
8. Th~ Customer she , contemporaneous y execute and deliver to the
City an JrCev~C~bJe special Power of Attorney ~;'ant~g t~ 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 ra se opposition or challenge to such
annexation f and when annexa~ on s nit ated The
· , ' · p! perty shal be
subject to annexat or~ at the opt~n of the City at any time the p¢operty is
eligible under an~ ava lable means or method for annexation. Cu~omer
will inform .any and all assigns or purchasers of any. or part of this property
of this co~,er~nt a nd of the irr~?ocable special power of attorney, ,',but
Cus~ome¢~ failUrffi to 'provide sugh notice S~al not, const tute a defer~se or
bar to th~ iC~i~yi~. ~ights ~as set f~rth here rt. TI~e C?stomer ackn&Wl~(ges
that'!the ~risib[?~tior~ 0f in t a I~ co~nectin~ tol ;thei City's Wa~ter ~ply is
sufficient :~:b' ~d~rt ~hb grant ~ the Powe~ of at~t~3rn~,y any su~s~uent
disCennecti~n:'o~ ilacl~ ~)f service shall in 'no wa~,!impai~ the i~o~e~ of
attorney nb~:cor~stitute a. diminution or lack Of consideration.
9. The Customer acknowleages that this covenant regarding annexation
is intended to be and is hereby made a cov.enant running with the land
Cou
and all
there is a
10. that the under this
such
].2.
in this
WITNESS:
_hece~o,~a.~~, se, t t~k hands and seals this
CU.~
FOR CORPO~ATION(S} NOTARIZATION
STATE OF ~ )
COUNTY OF r~ ~c ~) )
[ 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 ~ to me known to be the person(s)
described in and who executed the foregoing instrument that he acknowledged
before me; that he/she executed the same; that the individual was personally
known to me.
WITNESS ray. hand and official
this Jo ~,~. day of
(Notary Se~,.
sea I in the County and State last aforesaid
,200.~
Notary Public
NOTARY PUBUC
MACON COUNTY, ". 0. )
Land Design Sout~
TH~S INSTRUMENT PREPARED BY;~,,///
Illlllllllllllllllllll
tt/~7/a~t tO:St-.t3 ~t~Sc~tTt
OR BE 131L~ PG 1071
F'alm Beach County, Flo'rida
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~ day of .J~,OV~l~b.j'- , 20Ol
by and between Condor Investments ef Palm Beach County inc. 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, Flor da; 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 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 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 ~lJ/
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 Director of Utilities and subject to
Lan~ Design Sou~ 478-501~
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 aisc
advance such additional funds as may be necessary to cay the total actual
costs incurred by the City.
¢. Any water main extension made pursuant to this Agreement si" alt be
used on y by the Customer, umess written consent is granted by the City of
Boynton Beach for other parties to connect. All connections shall be ma(~e
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 inc uding the metered serv ce to
Customer shall be vested, in the City exclusively ~n ess otherwise conveyed
or abandoned t° the property owne~.
6. The CusTomer agrees to pay all charges, deposits and rates for
service and equipment n connection with water service outside the City
limits appl cabe under City Ordinances and rate schedules which are
applica'ble 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, contemooraneously 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 benatf 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 fai~lure to provide such notice shall not constitL[te a defense or
bar to the CitY's righ{s as set forth herein. The Customer acknowledges
that the consideration of initially connecting to the City's water supply ~s
sufficient to support the grant of the power of attorney any subsequent
disconnection or lack of service shall n no way impair the power of
attorney nor constitute a diminution or lack of consideration.
10/10/2001 13:17 FA-~ $61624~$33 SCOT~ ~At~.RI$ ~002/003
9. The Customer acknowledges that this covenant regarding annexation
~s intended to De ancl is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney
referenced herein i~ to be recorded in the Public Records of Palm Beach
County, Florida. and the Customer and ali subsec~uent transferee, grantees,
heirs or assigns of Customer shall be binding on the Customer and all
successors and assigns
~.0. It is agreed that the City shall Dave no liability in ~e event there is a
reduction, mpairment Or f~rminetion in water service to be provided under this
Agreement due to any prohibitions, restrictions, limitations or requirements of
Io~:al. regional, State ~r Federal al[encies or other agencies having jurisdiction over
such metters Atso, t~e city shall have no liability in the event there is a
reduc:[ion, impairment or termination of water service due to acts of God,
acc dents stri~kes~ boycotts, blackouts, fire, earthquakes, other casualties or other
circumstances beyoncl the City's reasonable control.
~.1. The Customer hereby a~reee to indemnify, defend and hold harmless the
City of Boynton Beach, Florida, its Mayor, Members of the City, Commission,
Off cers. employees and age,ts (Both in their individual and official capet ties)
from and against alt cleims,, damages, iow suits and, ex?ensea 1.n. cludl.n.g
reasonab e attorneys fees (whether er not incurred on aDl=ea~ or m connecuon w~[n
post judgment Collecti~)land costs rising out ct or resulting from the Customer's
Obligation under or performance pursuant to this Agreement.
].2. No additional ag~eamen[s, or representations shall be binding on any of the
parties hereto urn[ess nco~'por, ated n this Agreement, No mcdifications or change
in this A~'eement shell be, Vahd Upon the pe~ies unless inlwriting executed by the
oar~ies to be bound thereby.
IN WI~[NE$S WHE~REOF, the parties hereto have set their hands and seals this
day ct ~ 2002.
~~resident
WITNESS:
(As to owneO
This p~ope~y f-e eurren[ly u~e~ con~rac[ ~o~ sale ~th~Eol[day
su~ect proper~y is ~t closed by April 1, 2002, ~his con~ac~ ls null and
void, No pe[~C~on or o~h~ ac[Ion [o an~ the re~l p~oper[y described
Exh[bi~ "A" will be f~led or pursued pr~oz to ~riX 1, 2002, w~th~t appr~al
BO01~ 131L::~ ~ I~74
FOR CORP~OI~?TION(SI NOTARIZATION
STATE OF )
COUNTY OF f~q ~c.~) )
I HEREBY CERTIFY that on this day, before an officer duly authorized
in the State aforesaid and in the County aforesaid t~;ke acknowledgments,
personally appeared ~ to me known to be the person(s)
described in ~nd who executed the forego ng instrument that he acknowledged
before me that he/she exeCUted the same; that the individual was personally
known to me.
WITNESS. my, hand and Qff c a sea in the County and State last aforesaid
this to ~,~ day (~f ~2CF-O h ~_ ,2001
(Notar
NOTARY PUBLIC
MAcoN cou rr ,..c.
~ My ~ommission Expires May ~, ~
Notary Public
~ITNESS:
!
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH)
SS:
CITY OF BOYNTON.~BEAC. H, FLORIDA
Mag r /
I HEREBY CERTIFY that on this day. before me, an officer duly
authorized in the State aforesaid and in.he County ~foresaid to
take acknowledgments, personally appeared ~A~ ~F~'n< ,
Mayor and ~'~F-~/'~, f~,'~O ,~City Clerk respect~e~,
of the City named in the foregoing agreement and that they
severally acknowledged executing same ~n the presence of two
subscribing witnesses freely and voluntarily under authority duly
yes=ed in them by said City and that the City seal affixed thereuo
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 staue last
aforesaid this /~'~ day of ~/l~.~ , 199_~w~3/
(Notary Seal)
form:
Legal
Description Approved:
JAC/lms
900182
12~12~95.rev
WATERSRV.1
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