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R05-117
" I 1 I RESOLUTION NO. R05-' /1 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND REICHARD HOLDINGS, 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, located at 7895 Coral Street, Lake Worth, Florida (Tropical 14 Terrace Lot 183); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in Tropical Terrace project area; and l7 WHEREAS, a water distribution main has recently been completed on this street 18 allowing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 property, 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section l, The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 Reichard Holdings, LLC, which Agreement is attached hereto as Exhibit "A". S:\CA \RESO\Agreements\Water Service\Reichard Holdings Water Service Agreement 7895.doc I I 1 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 PASSED AND ADOPTED this ~ day of ~ 2005. 5 6 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 13 14 15 16 17 18 19 20 21 r 22 ~~ 23 ~ ê:..- 24 I Commissioner 25 Attest: 26 27 28 29 30 S:\CA\RESO\Agreements\Water Service\Reichard Holdings Water Service Agreement 7895.doc THIS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ROS-ll7 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ~ i /- -- R ~ Am::NT made on this ðv~ day of·· u/t<_ ,200 S, by and between ----1 ~ o..~ ~ (! L L C he' er c the "Customer", and the CITY OF BOYNTON BEACH, municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional1imits of the City of Boynton Beach, Florida; 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: l. 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 & 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. 1 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. 2 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 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 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 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of ,200__ WITNESS: ~ CORPORATION AS OWNER(S): f2-v jØ' ~de;fignature Witness Sig~ature ~'f~ k ,4-tlýÇ2~---Çþ/ -:s-~ ~e\'~cCJ.. ~ Witness Name Printed President's Name ~~ ~ Witness Signature r--. .--. ~ ,J. &. \ flJ2.W Printed Witness Name 3 iLv~ ~ Þ!wi~ Witness Signatu¡; Vice President/Secretary's Signature úZYÇf ^ J: A¡lf' ~z..e(..../ ç!=-, . .......... ? /7 / J ~ ~4. í,;(,.Q r' 'c- ~ rc./ ~ness Name Printed Vice President/Secretary's Name ~~ Witness Signature ...-:-- r-:-' \~cl ~ fc::.L Printed Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE 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~ Co~y ~oreSaid to t' acknowledgments, personally appeared .::r-ù\" e I oS" ." JÅ....,¡.... .., ....t....v.A to 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 kno~ to me or provided the following proof of identification: ;s- WITNESS my hand and official seal in the County and State last aforesaid this 'L day of Vt".e ,20~ :,;, " (Notary Seal) f~ ~t:- ,""I JohnB~ .......'~~y.~(Jé.',;" . . _~..~., "~-=:' Comnusslon#D 297960 Notary Public ~;;.~,:;l Expires: Mar 08, 2008 ',..~.. "o~" Bonded11nu "" ~~,~,,, Atlantic Bonding Co., Inc. WITNESS: ~BOYNTON BEACH. FLORIDA ~1Al- fit· ¡1{.tLJ-h- .btP'1 - Kurt Bressner, City Manager ~aY\ C~~'/ STATE OF FLORIDA ) 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afores~d an~ ~he. C~~ty. aforesaid to take ac~owledgments, personally appeared '1:.:.-t¿;£ I . V¿..s0?-1, CIty Manager and J /!Æ.~T yd/-4~Æ//7 <.J , CttyClerk 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. /~SS my hand and official seal in the County and State last aforesaid this RM day of 't:?- · 200i. (Nb/ ary Se~l) NOTARY PUBUC.5TATE OF FLORIDA - ~~ --7 ~ Judi~ A. Pyle .". ..-c.cÜ'j~ -- ::;" CO~slOn # DD421091 t P bli ExpIres: APR. 21 2 ary u C / Bonded Thru Atlantic Bondln¡ êð., ~ ( / Approved as to form: ~m~ >h)O$ City Attorney ., 5 Palm Beach County Property Appraiser Property Search System Page 1 of 1 ~f1ðrVR~fiJilf~~"¡;¡¡~'~ 'c ~'PtOpll rly A p P fa Î u r' s P dd I cAe c e s s S ',' <; . e fT1 i'" ¡;,/. 'R"'; 'i ì. j;;¡;J/¡~¡!t"\'h'" ¡ 'I, ..~,~ ~ " , .. ll.··":Y~·", -'\" ;("':(1 ~~1'~ r") . -:: .~ ~.. ·t, .' "g I ' A I r; . .J' f"' -. . r - \~<'ç;-~',"'.": -:,;i; ::.','.".;j -,i-", f¡' % . ~ . ,~¡~. , I'~ .,. , , , · Home " t,1 m:W:;NM ~ Property Information Location Address: CORAL ST L·,~.,,"~~ Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-1830 Subdivision: TROPICAL TERRACE IN Official Records Book: 18056 Page: 1335 Sale Date: Jan-2005 Legal Description: TROPICAL TERRACE LOT 183 Owner Information Name: REICHARD HOLDINGS LLC ~ ,I Mailing Address: 7601 W LAKE DR WEST PALM BEACH FL 33406 8739 Sales Information Sales Date Book/Page Price Sale TYPfi! Owner Jan-2005 18056/1335 $61,250 WARRANTY DEED REICHARD HOLDINGS LLC May-2004 17222/476 $10 REP DEED ATKINS ULUAN M [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: Tax Year 2004 Improvement Value: Number of Units: 0 Land Value: *Total Square Feet: 0.00 Total Market Value: Use Code: 0000 Description: VACANT * in r_idential properties may indicate living area. Tax Year: Assessed Value: ~ Exemption Amount: Taxable Value: Tax Values Tax Year: L,,~ Ad Valorem: Non Ad Valorem: Total Tax: I~J---iJ L,"...... ..&_,ø-..I I.-,¡-·"",~",~",· ..,\ NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record Search I Information I Exemptions I Community I Employment I Nev.¡HomeBuyer I Office Locations Value Adjustment Board I Save Our Homes I SeniorCorner I Disclairner Home I Links I Glossary I FAQ I Forms I Contact Us I PAPA © 2004 Palm Beach County Property Appraiser. ~x'l~ 0~,1 It http://www,CO, palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451 007000 1... 6/2/2005 . \ INSPÈCTIONS . PALM BEACH COUNTY PLANNING, ZONING & BUILDING DEPARTMENT (561) 23305180 BUILDING DIVISION ($1) 218-M1 So. County , ·...¡¡mum 24.Hour Notice "-.' ..I r I PERMIT I .~'~': SE.E' FRONtOF·FQRMFOFl~IIPORrANT~AMIT·.INFOFlMATION. ·\;~t·~¡ ~J~~¡, I: 977.25 0.00 1,062.1 " ."æ,ltF.IQ '" 1,403.5 483.51 131.8 0.0' 00.00 VISIT US AT WWW.PBLaOV.CQM/~ZB *** INSPECTION SCHEDULiNG .*~ ON OUR BUILDING DIVISION PAGE YOU *** NEW TELEPHONE~UMBER *~~ CAN VIEW PLAN REVIEW TRACKING, STARTIN6 JANUARV 3, ~Ø05 THE NEW PERMIT & INSPECTION HrSTO~Y, ~ND INSPECTION SCHEDULINé tELEPHONE CONTRACTOR LICENSING INFORMATION. " NUMSeR WILL BE 355-2222. .* WE WELCOME YOUR COMMENTS! ** REICHARD, JOHN _.. OWNeR: fIROPER'TV ADDReSS: 7895 CORAL ST !UBDMSION NAME: TROPICAL TERRACE r-I\frRACTQR MAIlE: JOHN P REICHARD ~...., "- 1; r .' ROLAND HOl\ T/tI!I ..emm MI!!õT" Œ YA~IDATEn .....,4' II A. 4DDI Ir.AI\I"rA r.nøv THIS INSTRUMENT PREPARED BY: James A. Cherot, Esquire 3099 East Commercial Blvd. Suile 200 Ft.lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF '?a 1 VYl Re.cu· ~ I/We, --I2e ¡ 4cur~ 4/c£.~~ V LL~ , 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: 00- Lf3-Lf~-IO- 07- (JOO -lS:S 0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 2~J day of - - J lNy\..Ð , 20.c1;¿ and the powers and authority shall be irrevocable by Grantee. .. IN WITNESS WHEREOF, we have hereunto set our hands and seals the G~"'" day of -;:'''A- , in the year two thousand and 'l ð~ }' Sealed and delivered in the presence of ¡£v~- ~ Witness Signature ! / R-7/f~ (,,/. ,~(/52ee.-sÞ;'1 :s;, h Y) Re/ci..... .of Printed Witness Name Printed President's Name ~~~ Witness Signature locl ~ ,-.- Il\e¿ Printed Witness Name 1kL ¡¿~V ~y~ - Witness Signatur Secretary/ Vice President's Signature ~7A 1'1. v: K,¡'¥ s-ze-s/:::; , S'1t e /~ 12.e I'C~,.-I Printed Witness Náme ' Printed Secretary/ Vice President's Name ~~à C\.) dIill Witness Signature ..' C' ,.--., \ D ð-ð \ I"\<'~ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this <- day of r.......""'-.< 20c:>r by s:t. . --- J;;, t. " 12t",.'ct-.. ~.rJ and , -, -~ rt,t!'"¡(.. û,'c l...." 4 , who are known to me or who have produced Pi... , as identification and who did/did not take an oath. ~44- "'''''' JohnB~ O~ARY ~BLlC "\¡.5';YP I, f~~~\ Commission #D 297960 '--l C)"~ C"'ifA,{\ ~;:" '''::f Expires: Mar 08, 2008 Type or Print Name ',.~~ . . , 'o~,,, Bonded Thru Commission No. 4='- 0 IJ 2q7'1~o "tt,~~~\\' Atlantic Bondinl Co., Inc. I I I ! { I : 1320 ! ! . .. 1330 I 1680 !---- 1 in. = 139.6 feet 1340 1670 1760 .. f 1160 1350 I 0850 i .1 1770 2070 1360 1640 , 1140 ~ 1310 !; 1790 Ø810 ~ 1380 ~ 1630 1800 I I III! 1120 2050 ÞS90 1390 ~ 1620 / '-ì 1810 900 """ 1110 ..... 1610 ... '7 1400 I 910 1100 1600 1411 2010 1920 1090 1590 1840 f.I 930 1430 1580 1850 ! I 1010 I ~40 1440 D / 1860 1990 50 1060 1410 1550 ¡ 60 1050 1460 1880 I I ~ I - ~ 1040 1540 1960 & 70 1470 1890 1030 1530 A - I ( 1000 I 514 14_ 1010 1020 1490 1510 1520 1920 1930 I Q - ë r-153O"¡ F-- Rn f t 15:rn- , ~ ~ 7 !!l1.,:rU i ~ 6'fO"' . 1 ~ - L.. -' b I I ~ fff~ - I~ \ .--- I ..../ I f ';¡¡¡: Location Map - 7895 Coral St ;15 -, ,. .J ...r.....