R01-291REsouuTioN so. RO -
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 R.J. CONSULTING MANAGEMENT AND
MARKETING. INC.; AND PROVIDING AN EFFECTIVE
DATE.
WItEREAS, the subject property is located outside of the City Limits, but within our
and sewer sca/ice area, located near the northeast quadrant of Military Trail and the
L-23 Canal; and
WltEREAS, City policy requires annexation of the property to be serviced at the
,'arliest 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
property. It is planned for a multi-faruily residential usage of 18 dwelling uuits.
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
axecute a Water Service Agreement between the City of Boynton Beach, Florida and
Consulting Management and Marketing, Inc., said Agreement being attached hereto as
Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of November, 2001,
issioner
~ ~ 3osias & Goren, P.A
IlBllllillllli[lllllllllll
11/~7/~881 [8:4~:E~9 L~88185~ [51
OR ~K 1315 PG 895~
Palm Beach County, Flo'pida
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~day __~_ ,
~, by and
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 Boynuon Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton
Beach, Florida provide water servige to the property owned by
Customer; and
WHEREAS, the City of Boynton beach has the ability ~o provide
water service uo 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 waser service
from its Municipal Water System tQ service the real property
described as follows and which Customer represents is owned by
Customer: ~ ~&,~,~ ~
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 zn 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 subjec5 To znspection 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
Cusnomer, 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 Agreemen~
shall be used only by the Customer, unless written consenn 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 ~o the property
owner.
6. The Customer agrees to pay all charges, deposits and
rates for service and equipment in ~onnection wi~h wamer 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 annexatlon
is initiated. The proper~y 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 covenan~ and of the irrevocable ~pecial 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 atsorney 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 Agreemen~ and
the power of attorney referenced herein is to be recorded in the
Public Records of Palm Baach 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.
10. It is agreed that the City shall have no liability in the
event there is a reduction, impairment or termination in wa~er
service to- be provided under this Agreemen~ due to any
prohibitions, restrictions, limitations or requiremenss 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 suits and expenses including reasonable attorneys fees
(whether or not incurred on appeal or in connection with post
judgment collection) and costs rising ou~ 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 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.
IN WITNESS WHEREOF, the~ar~ie~ hereto have set their hands
and seals this ~day of ~,3~ , ~.
WITNESS:
(As uo owner)
{As uo owner)
CUSTOMER A~R(S)~..:~.!]~.~ '' .
y (~ nee)
(CORPORATE NOTARIZATION)
FOR CORPOP~ATE 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 the County aforesaid to
acknowledgments, personally appeared ~o~ ~-~,~
take
to me known to be the person(s)
described in and who executed the foregoing ~nstrument that he/she
acknowledged before me that he/she executed the same; that the
individual was personally known to me o~ ~idcd the
pro~2 ~ =, ica ion:
WITNESS my has, and offici~ ~ in the County and State last
aforesaid this ~' day of ~.~'~o~ , ~j.
(Notary Seal)
WITNESS:
CITY. s.OF BOYNTON ~BE~CH' ~LORIDA
M~yor / -~-~
STATE OF FLORIDA )
)
COU/TTY OF PALM BEACH)
ATTEST:
~LOmO~,O''~
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the Stace aforesaid and in the County aforesaid to
take acknowledgments, personally appe~red~fF~/~
Mayor and ~-~ /'~'/~/~//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 corporaue seal affixed thereno is the true corporace
seal of said City.
WITNESS my hand and official
aforesaid this f 8~5 day of
~, ~ Barbara M. Madden
(Notary S e a~,~"'~%Com minion # CC 7604~7
:~ ~ " ~'-:T~ ~ 1~,2~2
~ AT~ BONDING C~"
Approve~.a~ to fo~:
seal in the County and State last
,Notary Public
Legal Description Approved:
JAC/lms
900182
12/12/95.rev
WATERSRV.1
5
THIS !NSTRL/~ENT PREPARED BY
James A. Chero~, Esquire
Losias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft Lauderdale, FL 33308 /
IRREVOCABLE SPECIAL POWER OF ATTORNEY
{By Individuals)
STATE OF FLORIDA
I/'We, ~ ~. ~-~ ~ 6 ~=__~_m~ , ~~(hereinafter
"Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON
BEACH, FLORIDA, true and lawful attorney in facn for Grantee and in
Grannee's name, place and stead, for 5he sole purpose of executing
on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real properuy described
heremn 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 subjec~ of this power is described
as follows:
The powers and authority of my attorney, THE CITY OF BOYNTON
BEACH, FLORIDA, shall commence and be zn full force and effect on
the .~ ~ day of ~~_~ ~-_~O% and the powers and
authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto
the ~ day of C~i' , in the
sen our hands and seals
year ~ thousand ~
Sealed and delivered
Witness
~itness
in the presence of
Print
Witness
W[tness
Print name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FqR~GOING INSTRUMENT was~nowled~d befo~me this
day of ~~ ,~,~C~ , by ~ · ?-v~,~ ~k~z_f~O
did/did not take an oath.
and
who are known to me or
as identification and who
Type or Print Name
Commission No.
My Commission
POA. IND
Expires:
WAIVER OF NOTICE OF A
SPECIAL MEETING OF THE STOCKHOLDERS
of
R,J, CONSULTING, MANAGEMENT & MARKETING, INC.
The undersigned, each being a stockholder of the corporation, wane all notice
required by the corporation's By-Laws and the laws ef the State of incorporation of the
time, place and purposes of a special meeting of the stockholders, and fix October 3,
2001, as the date, 10:00 a.m. as the time, 626 S.E 4th St,, Boynton Beach. Florida as
the place, and the following as the purposes:
1, This meeting is being held to consider executing an Agreement for Water
Service and a Power of Attorney for Future Annexation with the City of Boynton Beach.
Florida.
2
To transact such business as ma~:~d~! ~ome~f~re the special meeting.
E. E. REGAN
Dated:
October 3, 2001
1i/06~288i 13:27 5617348971 JEFF TOMBERG PAGE 82
MINUTES OF A
SPECIAL MEETING OF THE STOCKHOLDERS
of
R.J, CONSULTING, MANAGEMENT & MARKETING. INC.
Held: October 3. 200!
A special meeting of the stockholders of the corporation was held on the above
date at 10:00 a.rr. at 826 S.E. 4th St,, Boynton Beach, Florida,
The following persons, constituting a quorum, were present in person or by proxy:
RODNEY J. REGAN
E. E, REGAN
The president presided as ohairman of the special meeting and the secretary
recorded the minutes of the meeting.
Upon motion duly made and seconded, the shareholders unanimously ratified and
approved all actions taken by the Board of Directors at its last meeting.
The president then propose~ that the corporation consider executing an Agreement
for Water Service and a Power of Attorney for Future Annexation with the City of Boynto~
Beach. Florida, and a discussion was held. Upon motion duly made: seconded and
carried,
BE IT RESOLVED THAT
That the corporation execute an Agreement for Water Service and a Power of
Attorney for Future Annexation with the City of Boynton Beach. Florida,
There being no further business presented, the meeting was adjourned,
Dated: October 3, 2001 Secretal~-. ~/
il/0&~2~l i3:27 5~17348971 JEFF TOHBERG PAGE 03
WAIVER OF MINUTES OF A
SPECIAL MEETING OF THE BOARD OF DIRECTORS
of
R.J. CONSULTING MANAGEMENT & MARKETING INC.
~The undersigned, each being a member of the Board of Directors of the
corporation, waive all notice required by the c~rporation's By-Laws and ~he laws of the
State of incorporation of the time, place and purposes of a special meeting of the Board
of Directors, and fix October 3, 2001. as the date. 10:30 a.m. as the time, 626 S.E. 4th
St.. Boynton Beach, Florida as the place, and the following as ~he purposes:
I This meeting is being held to consider executing an Agreement for Water
Service and a Power of Attorney for Future Annexation with the City of
Boynton Beach, Florida.
2. To transact such business as may properly comc.-I:~e the specie, meeting.
Dated: October 3, 2001
JEFF TOMBEKG PAGE 84
MINUTES OF A
SPECIAL MEETING OF THE BOARD OF DIRECTORS
of
R,J. CONSULTING, MANAGEMENT & MARKETING, INC.
Held: October 3, 2001
A special m~ting of ~e Board of Directors of the corporation was held on the
above date at 10:30 a_m at 626 S.E. 4th St.. Boynmn Beach. Florida.
The following persons, constituting a quorum, were present in person or by pro~:
RODNEY J. REGAN
E. E. RBGAN
~e president ~resid~ as chairman of ~he s~cial meeting and the secre~u
recorded ~e minutes of the meeang.
The presidentthen proposed that the co~oration enter into an Agreemem for Water
Servi~ and a Power of A~orney for Future Annexation with the Ci~ of Boynton B~ch,
Florida. and a discussion was held. Upon moaon du~ made= seconded and ca,ed
BE IT RESOLVED ~AT:
That the ~rpora~on execute an Agreement for Wa~r ~ice and a Power of
Affomey for Future ~nexaaon w~th the Ci~ of Boynton Bea~. Florida,
There being no fuKher business pmsente~, the meeting was adjourned.
Secreta~
Dated: October 3, 2001
BOOP, 1~31~-'8 PAP_-iE 8965
WAIVER OF NOTICE OF A
SPECIAL MEETING OF THE[ STOCKHOLDERS
of
R.J. CONSULTING. MANAGEMENT & MARKETING, INC.
The undersigned, each being a stockholder of the corporation, wa{ye all no~
required by the co~oraticn's By-Laws and the laws of the S~te of incorpora~on ¢ the
time. place and purposes of a special m~ing of the sto~holders, and fix October 3.
2001, as ~e date t0:00 a.m as the time. 626 S.E 4th St, Boynton ~ach Florida as
the pla~. and the follo~ng as the pu~oses:
1. This meeting is being held to consider executing an ~reement for Water
Se~ and a Power of A~orney for Future Annexation with the Ci~ of B~ton ~ach,
Florida.
2
To transact such business as mayrFr-op~ly re the -~ n~i~'~~__¢..~.=~._,.....-~..~
E. E. REGAN -'" ,?"
Dated: October 3. 2001
MINUTES OF A
SPECIAL MEETING OF THE STOCKHOLDERS
of
R.J. CONSULTING MANAGEMENT & MARKETING. INC.
Held: October 3, 200~
A special meeting of the stockholders of the corporation was held on tl~e above
date at 10;00 a.m at 626 S_E. 4th St., Boynton Beach. Florida.
The following persons, constituting a quorum, were present in person or by 3foxy:
RODNEY J. REGAN
E, E, REGAN
The president presided as chairmar of the special meeting and the secretary
recorded the minutes of the meeting,
Upon motion duly made and seconded, the shareholders unanimously ratified and
approved all actions ~ken-by the Board of Directors at its last meeting.
The 9resident then proposed that the corporation consider executing an Agreement
for Water Service and a Power of Attorney for Future Annexation with the City of Boynton
Beach, Florida and a discussion was held. Upon motion duly made, seconded and
carried,
BE IT RESOLVED THAT
That the corooration execute an Agreement for Water Service
Attorney for Future Annexation with the City of Boynton Beach Florida,
There being no further business oresented, the meeting was~a~J'.~t~med:.~...~ ~
Dated: October 3, 2001 Secretar~f-
WAIVER OF MINUTES OF A
SPECIAL MEETING OF THE BOARD OF DIRECTORS
of
R.J. CONSULTING MANAGEMENT & MARKETING INC.
The undersigned, each being a member of the Board of Directors of the
corporation, waive all notice required by the corporation's By-Laws and the laws cf the
State of incorporation of the time, place and purposes of a special meeting of the Board
of Directors, and fix October 3, 2001, as the date. 10:30 a.m. as the time, 626 S.E. 4,th
St.. Boynton Beach, Florida as the place, and the following as the purposes:
1 This meeti~,g is being held to consider executing an Agreement for Water
Service and a Power of Attorney for Future Annexation with the City of
Boynton Beach, Florida.
To transact such ~usiness as may
Dated: October 3, 2001
Director
MINUTES OF a
SPECIAL MEETING OF THE BOARD OF DIRECTORS
of
R,J. CONSULTING. MANAGEMENT & MARKETING, INC.
Held; October 3, 2001
A soecial meeting of ~e Board of Dire~rs of the corporation wes held on the
above date at 10:30 am. at 626 S.E 4th St. Boynton Beach, Florida.
The following per.ns, constituting a quorum, were present in person or by pro~:
RODNEY J. REGAN
E, E. REGAN
The president Dresid~ as chairman of the s~cial meeting and the secreta~
recorded ~e minutes of the meeting.
The oresident ~en proposed that the co~oration enter into an Agreement for Wa~r
Servi~ and a Power of Attorney for Future Annexation with the City of Boynton B~ch.
Florida. and a discussion was held. Uoon motion du~ made, seconded and ca~ied
BE IT RESOLVED THAT:
That the corporation execute an Agreemen[ for Water ~ice and a ~ower of
A~orney for Future ~nexation wit~ the City of Boynton Bea~, Flon~
There being no fur~er business presented, the meeting was adjourn~,L-
Secreta~ ~/
Dated: O~ober 3, 2001 ~
~N
'PERIMETER
TREES - R/W 1 PER 30 LF. 6 6
INTERIOR
TREES-sHRUBS 3 PER 1500 SF. 156 156
TE
LOCATION MAP N.T.S.
_WDD CANAL L-23
OLD BOYNTON RD.
BOYNTON BCH. BLVD
DRC CONDITION OF APPROVAL:
1. Prior to building permit the existing utility easement along the east proper~y
line shall be abandoned° (BIOG. PERMIT:MONITORING-Bldg.) (Runs thru bldg 2)
FAR
GROSS DENSITY
RECREATION REQUIRE[
RECREATION PROVIDER
TYPE OF OWNERSHIP
NEW BUILDING COVER,
EXIST. BUILDING COVE
EXIST. BLDG IMPERV.
TOTAL BUILDING COVE
TOTAL SITE IMPERV.
TOTAL SITE PERV
OFF STREET PARKING
REQUIRED PARKING
FF TR PARKI~P _
18 GARAGE + 18 DRI'~
4. SPACES + 1 HANCt(
TOTAL PARKING PROVIE
( SHRUB O 24' O.C.)
.5' COMPAT.
( SHRUB O 24," O.C.)
1 O' COMPAT,
( SHRUB ~ 24," O.C.)