R06-068
II
1 RESOLUTION NO. R06- oloe
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
8 CITY OF BOYNTON BEACH AND RENE AND KATHY
9 GROSS; 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 823 Palmer Road, Delray Beach, Florida
14 (Unincorporated Palm Beach County); and
15 WHEREAS, the parcel covered by this agreement includes a current single-family
16 home which may be replaced by three multi-family units located in unincorporated Palm
17 Beach County; and
18 WHEREAS, potable water and wastewater service are not available at the present
19 I time, but are in the process of being installed at the adjacent development. The applicant will
20 be responsible for extending these services to their current and future units; and
21 WHEREAS, no additional construction will be required by the City to serve this
22 property.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission hereby authorizes and directs the City Manager
29 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Rene
30 and Kathy Gross, which Agreement is attached hereto as Exhibit "A".
S:ICAIRESO\AgreementsIWater ServicelGross Water Service Agreement.doc
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II
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this AL day of March, 2006.
CITY OF BOYNTON BEACH, FLORIDA
~77~
~
/ ~o . ~oner ,
2dJ ~(-
"mmissio~er
~r.
Commissioner
Attest:
~ 1n. ~
ity lerk
S:ICAlRESO\AgreementsIWater ServicelGross Water Service Agreement.doc
~~
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
R o'=> - o'=> 8
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEME~T made on this ~ day of.!J1J 0Jt.eL , 200 ~ by and between
i(;V\ e..- &Os.~ ~ ./(a...~ GyO~\. hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, a ~cIpal corporation of the State ofFlonda, heremafter called
the "City".
WHEREAS, Customer owns real property outside bf the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the CityofBoynionBeach, 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 Systet,I1 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 3'~.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 se1iVi~e lines upon the Customer's premises. .
1
11II1I1I1IIIII1 H ~ 11111111111111
THIS INSTRUMENT PREPARED BY:
James A. Cherat: Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
C:FN 200E.01 78:::198
qR BK 20109 PG 1302
RECORDED 03/28/2006 08:41:36
Palm Beach C~untYt Florida
Snaron R. BocktCLERK & COftPTROLlER
-,Pgs 1302 - 1313; (12pgs)
ROb-O~8
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMEN:T made on this ~ dayof:m fA.Jt.eL , 200 ~ by and between
.;(;-"', €- &O~~ ! .l(a....~ ~t"O~.SI hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, a ~Clpal corporation of the State ofFlonda, hereInafter called
the "Ci tyn .
WHEREAS, Customer owns real property outside bf the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide wafer
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 Systet.n and the mutual covenant~ 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 ;3 J~. 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 sef\Vi~ 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 theCustomer 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 annexa.tion. 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 ann~xation.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 a,ttomeyreferenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, 1Uld the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
lO. 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 ofIocal, 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 andnold 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 (wheth~r or not incurred on appeal or in
connection with post judgment collection) and costs rising out of'prresulting from the Customerts
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.
. ". 'K-- .
~ITNESS WHEREOF, the parties hereto have set their hands and seals thiS:?? 'I day of
~,200~.
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Witness Signature
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. Printed Witness Name Printed Owner Name
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Witness Signature /~ C>:>~
~fr)~/A- ~t0ht5)/ Ac;~. 6^~
Printed Witness Name '
L~Q lr\
S OWNER(S):
-rervell
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itness Signature . ..
LeQh -rerre{ ,_
Printed Witness Name
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Witness Signature
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Printed Witness Name
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,../" Owner .,. tU,re
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'Printed Wller Name
FOR INDN!DUAL (SYNOT .ARIZATlON:-
- . . .
.: I " .....~.
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
\
(Notary Seal)
:\;......, pfJ.
- '" ..~.~..~ PATRJclAKOWAl.SK'
* MY COMMIssION, 00_78
"~ ,. EXPIREs: ~ " 2007
"'~"onl~~ ~Tlvu8ud,ltHellry~
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
P...c.?A7--'2 . /'1./Y7d K~~ G~ .. tome known to be the
person( s) described in and who executed the foregoing instrument that he/she acknowledged before
me that helshe executed the same; that the individual was personally known to me or provided the
following proof of identification:
X-
I -r. WITNESS my hand and official seal in the COlDlty and State last afOl1.esaid this c:2 ~ day of
~--'JnA' ,200~ .'
r&<<:v ~~,(r-
Notary Public
CITY F BOYNTON BEACH, FLORIDA
d ~ 11 A 11.(( ~AJi'Y1JII(
ArrEST:
.~
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 take acknowledgments, personally appeared
J{~rf 8 rt:'~c;.c:;. n. €.t' , City Manager and 7rfJLJ1<P_f. {Jr~nif-n , 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 true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this ~~ day of
JY)tlA~L . ,200l2.
~ ,a/. .
(Not "~",,... ". VALORIE MOATS
t.'"t.r!J).'" ~~ MY COMMISSION 1# DO 346198
~~~~1 EXPIRES: September 17, 2008
."'~',9f.:t~~..~ Bonded Thru Notary Plbfic Underwriters
7YM;e..-' nJp.o;f;,r"
Notary Public
~.d~as..tofo.rm:. ~
~~.
Ik S4 . Attorney
5
Palm Beach County Property Appraiser Property Search System
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Property Information
Location Address: 823 PALMER RD
'-'
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-46-04-00-001-0400
Subdivision:
Official Records Book: 09553 Page: 1840 Sale Date: NoY-1996
4-46-43, E 250 FT OF SLY 144.58 FT OF NL Y 622.40 FT AS MEASURED
Legal Description: ALG W LI OF FIND CNL IN GOV LOT 1 LYG E OF SR
Owner Information
Name: GROSS KATHY R &
'~wMQWnara~11
Mailing Address: 823 PALMER RD
DELRAY BEACH FL 334836315
Sales Information
Sales Date Book/Page Price Sale Type Owner
NoY-1996 09553/1840 $261,900 WA RRANTY DEED
Oct-1996 2.9494/0103 $100 CERT OF TITLE
Sep-1992 07443/0465 $100 QUIT CLAIM
I~AlhSa1.-11 . "WI'
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
Tax Year 2005
Number of Units: 1
*Total Square Feet: 2841
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
~.,,,...............,,.
8,0;;-" .',. " . - ,- . .c-. ','
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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http://www.co.palm-beach.:fl.us/papalaspxlweb/detaiI_info.aspx?p_entity=0043460400001...1/31/2006
Search Result
Page 1 of2
Document Detail
Type: D
Date/Time: 12/4/1996 08: 19:29
CFN: 19960422414
Book Type: 0
Book/Page: 9553/1840
Pages: 2
Consideration: $261,900.00
Party 1: HOME SAV AMERICA
Party 2: GROSS RENE HELMUT & KATHY RUTH
GROSS KATHY RUTH (M)
Legal:
Copyright @ 2006 by
NewVision Systems Corporation. All rights reserved.
http://oris.co.palm-beach.f1.us/or_webl/details_des.asp?doc_id=2532316&file_num=1996...1/31/2006
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Ahn 8.e~
I/We, ,h)P/Jl? Qvs.r + /~ 6/?c)5{, 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 shalf extend to the CITY OF BOYNTON BEACH
full. and complete authority to. act on Grantee's behalf to. accomplish ann~xatio~ by any
available means. The real property which ;s the subject of this power is described as
follows:
tJo- 43 ~~ - ot./ - to - CJ() I - 0 y00
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
. FLORIDA, shall commence and be in full force and effect on the &U' day of
~/J{(lF5V . 20 db and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our'hands and seals the d.L/~
day of~ ~ ' in the year two thousand and ::::2-(h:fc.,.
Sealed 'And delivered in the presence of
'- D 0 D .h j.Q SI 9.J! Q R
CJJr~ess Signature
Le~ TertF,LL-
Printed Witness Name
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itness Signature
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Printed w~ess je
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~ness SIgnature
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Witness Signature
~/~/~/~ ~~jALsk, -
Printed Witness Name
4D~
STATE OFFLORfDA
)'
) 5S:
COUNTY OF PALM BEACH )
THE; FOREGOING INSTRUMENT was acknowledged before me this c;?-I day
of ~ ' 20<1(" by 7? <W< ~ C; A L>..a..J. . and
Ie ~ .. , who are known to me or who have produced
. " as identification and woo did/did not take an oath.
~<.~~, K-'-.JdrL ~
NOMRY PUBLIC _
/7tf1l-r/c //9. ht.u/1Ls Ie I
Type or Print Name
Commissi~n\ No.
+()'':':Y';~~t> PATRICIA KOWALSKI
... &~ . MY COMUISSKlN, 00 265878
.,.~.. EXPIRES: NoY8mber 11, 2007
""?, OF Fe rP-~ Bonded TlIIu B4Idget Hollry Services
My Commission Expires:
POAINO
TODAY'SDATE:
. CURRENT SERVICE REQUEST:
FOR OFFICE USE ONLY
CustODleT ACCOOtIr Number
pLEAsE COMPLETE ALL INFORMATION
, .
initial
Date Sen>ia! Requested:
Deposit Amount: $
CUJDI
LOcJDI
Acconnt Name: </(e 14 e 61''' S J
SerriceI..ocation;-B 2 ~ ~"'" W
M3m0gAddressfd'diCferent): ?ac-.L
C(tl;;t, {;y Os-.r
~ot. J rU1 A,Lct, =ft~Jlt??5
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=="::~~""f75 -~l~i flJ1f OO'-Ql :b (i ~Zd7Zf
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&.pJoyers Address: I - - uJ~ c..., '# 07 I ~ &.g,
Date~Birth:' I I ~I I ('~S. Ail~d '171"S "'()SS~",.,A()l.".
~ wish to receive a Bank Draftiug application? tY..!?
~or Tenant (circle one). H~~please provide ~ormation 011 owner of location:
Owner: " Telephooe No. _
PREVIOUS sERviCE RECORD:
Have you had ntUity service with tbe City of Boynton Beach before? ve J
. It yes, please give the lonner 3CC01111t DaIJle aDd address on ~ nezt h<<; {
tJ",,' .{.(,,{ A...., c...... ~ 1/2 () S. ., ce(o N ~ IAJ.. y
:JiJ NlIJIle '''T . . tI
PLEASE MAKE CHECK PAYABLE TO: CITY OF BOYNTON BEACH
'j$ (frY ~
CUSTOMER RELATIONS
100 E BOYNTON BEACH BLVD
POBOX 190
BOYNTON BEACH, FL 33425-0190
Please make sure the infonnation completed on the front of this Corm is correct before
signing tl1is:applica~on. By signing below, you acknowledge and agree to the follOwing:
l' Jrave received a copy of tire City of JJoynton Bead) "Guide'to Water aDd Sewer Service" which '.
outlioes customer 8Cro1lDt biDiog Procedures, polides and fees(induding possible $20 turn-on
fee to be biDed to tIie account).
I ~erstand .that all meters are and remain the property of the Utility DepIll1ment of the City
. oflk!yntc)O Bead!, and that no person shall maliciously. wiUfuUy, or negligentJy bFeaJr. damage,
destroy, mM;over~ delete, or tamper with any structure or apPurtenance Or equipment which is
part o~the sewer or waterworks systems of the City.
. I understand that it is my responsibility to coDtact the Utility Department otthe City of
,Boynton Beach if I wish to cancel utilities services to the Service Location.
By signfug tIIis application, I understand and agree that the City oC Boynton Beach shaD not be
respo~ole thr any wa or other claim, loss, or damage whatsoever~ arising out of or
Anllny~y c:onnected the ipitiation of utiIitifs'ser1'ice to the Service Loa:ation, including
/' ~~mages * m the neg.6geoce of the. City, its emp~yees or ageuts..
/0( 00-7 /' 2tl t/b'
Date .
Applicants may also drop off applic:ation and all applicable deposits at Oty Ban m the MaD. located at Boynton Beach
MaD nm to BonIibes. Hours of operadoa are~ IJanIIflb Friday 10M.8JD to 7:80 Pm. Satunfay 10:" am to 3:00
pili aDd dosed on SaD~ aDd ~ AU appIkatjllllS will be Processed the following busilleSs day. Deposits lDust be
JDade by check'or DIODe}' order 0DJy at Oty Ball m the MaD.
...
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Google Local - 823 Palmer Road, Delray Beach
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3/2/2006