R07-003
1 RESOLUTION NO. R07- 003
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I 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
I 4 FLORIDA, AUTHORIZING AND DIRECTING 1
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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 GEORGE
9 HOMRICH; PROVIDING AN EFFECTIVE DATE.
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i 12 WHEREAS, the subject property is located outside of the City limits, but within our
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13 water and sewer service area, located at 1050 Peak Road, Lantana, Florida (Ridge Grove Add I
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14 No 1, Lot 223); and
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I; 15 WHEREAS, the parcel covered by this agreement will include a single-family home
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16 located in the San CastlefRidge Grove project area; and
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I 17 WHEREAS, a water distribution main has recently been completed on this street, I
18 vicinity, allowing for the service to this parcel; and
Ii 19 WHEREAS, no additional construction will be required by the City to serve this
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I 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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I- 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: i
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23 Section 1_ The foregoing "Whereas" clauses are hereby ratified and confimled as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
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,- 25 hereof. I
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I 26 Section 2. The City Commission hereby authorizes and directs the City Manager
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27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and I
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28 George Homrich, which Agreement is attached hereto as Exhibit "A". I
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29 Section 3. This Resolution shall become effective immediately upon passage.
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S:\CA\RESO\Agreements\Water Servicc\}-{omrich 1050 Water Service Agrccmcnt.doc
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I' PASSED AND ADOPTED this ~ day of January, 2007.
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6 CITY OF BOYNTON BEACH, FLORIDA
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23 Attest: I
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S:\CA\RESO\Agreements\Wuter Service\Homrich 1050 Water Service Agreement.doc
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I THIS INSTRUMENT PREPARED BY:
James A. Chcrof, Esquire
Goren, Chcrof, Doody & Ezrol, P .A.
3099 East Commercial Blvd. I
Suite 200
Ft. Lauderdale, FL 33308
RO/- 003
AGREEMENT FOR WATER SERVICE OUTSIDE I
THE CITY LIMITS AND COVENANT FOR ANNEXA nON I
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HIS AGREE NT made on this _dayof ,200_, by and between
/', C. /II".,. hereinafter called the "Customer", and the
CITY OF B TON 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
I Boynton Beach, Florida; and
, WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
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! service to the property owned by Customer; and i
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
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I 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
I 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
i and the Customer, his heirs, successors and assigns, agree as follows:
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I I. 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 1i- 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. !
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
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! Enginccrs. 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 I
pay Ihc total actual costs incurred by the City. i
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4. Any water main extension made pursuant to this Agreement shall be used only by the I
Customer, unless written consent is granted by the City of Boynton Beach for other parties to I
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.
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" 8. The Customer shall, contemporaneously execute and deliver to the City an
I Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
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I advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
I 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
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! time the property is eligible under any available means or method for annexation. Customer will
i 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
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I 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
I 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.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. lt 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
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i prohibitions, restrictions, limitations orrequircments oflocal, regional, State or Federal agencies or
olhcr agencies having jurisdiction over such matters. Also, the City shall have no liability in the
evcnt 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
I. warranty of title.
I ]2. No additional agreements or representations shall be binding on any of the parties
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hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
I valid upon the parties unless in writing executed by the parties to be bound thereby.
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I 13. The Customer warrants to the City that Customer holds legal and beneficial title to the
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! property which is the subject of this Agreement.
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(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
, COVENANT FOl ANNEXAlJ:fN BEn[EEN THE CITY OF BOYNTON BEACH AND
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roryc. frI/1tC (INSERT NAME)
IN WITNESS WHEREOj;;he parties hereto have set their hands and seals this ;;J Jfl..day of
N r) ~~,V\. hf.J( ,200 f .
WITNESS: lNDIVIDUAL(S) AS OWNER(S):
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, 'WItness SI ature Owner ~ ure M L
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. Printed Wit ss Name Printed Owner ame
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, Printed Witness Name
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Witness Signature Owner Signature
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Printed Witness Name Printed Owner Name
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i Printed Witness Name
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FOR lNDIVIDUAL(S) NOT ARlZATION:
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STATE OF )
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COUNTY OF )
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 I
G rJ ;~v Au '" r,' (^ to me known to be the person(s) described in and who I
execute' the foregoing instrument that he/she acknowledged before me that he/she executed the
same; that the individual was personally known to me or provided the following proof of
identification: fit) ....Jet /)(',;;",,- /1(e"Je... .
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}0ITNESS my hand and official seal in the County and State last aforesaid this ~ f dayof
~IVCMbpr ,2006.
(Notary Seal) ~~,\
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; SUSAN COLLINS :
M C .. .~. Comm.DD029508S: Notary Public
y OInmlSSlon explr.. . _ .,,12008 ~
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I AGREEMENT FOR WATER SERVICE OUTSlDE THE CITY LIMITS AND
COVENANT FOR Ae;EXA TIO~ET~~N THE CITY OF BOYNTON BEACH AND
O~ r _ /Fl ('Ir (INSERT NAME)
I CITY OF BOYNTON BEACH, FLORIDA
I a Florida I corporation
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Kurt Bressner, City Manager
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Approved as to form:
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j STATE OF FLORIDA )
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, 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~/~i: fjA'A4~IN ,CityManagerand~eX' P~;~:uto ,
! City Clerk respectively, of the City named in the foregoing greement 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 .!J.. day of
~AJAA.t1 ' 200~Z.
(Notary Seal) 7;;'~;,) m~
Notary Public
My commission expires:
~ VALORIEMOATS
i '. MY COMMISSION I 00346198
. .....t! EXPIRES: Septembel17. 2008
1l'r.,r,i' BondIdThroNClIIryPublicUrdlIrwrkerI
S:\CA\AGMTS\Wuter Service\W3ter Service Agreement. Rev 1-6-06.doc
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I THIS INSTRUMENT PREPARED BY:
James A. Cherol, Esquire
Goren, Cherof, Doody and Ezral. P.A.
3099 East Comm&rcial Blvd.
Suite 200
Ft. lauderdale, Fl 33308
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IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTYOF Oi.(/A.,,- e-ea.C/..
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I ~pyqe 4tnrlcJ.
I I/We, , hereinafter "Grantee",
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, 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 descnlx:d 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
I the subject of this power is described as follows:
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PCN No.: tJO._~- ?-c;:.S-09-tfJ_lJ()tJ~22JO
The powers and authority of my attorney, THE CITY OF BOV;?- BEACH,
FLORIDA, shall commence and be in full force and effect on the day of
^ Jo ve~ r ,2006 and the powers and authority shall be irrevocable by Grantee.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals the _ day of
No ve,J,er , in the year 20f11,
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Sealed and delivered in the presence of
4.QJDJn~WrrC111
itness Sig ture
4. .~ht"rr\l- ~ubermal?
nnt Name .
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Print Name
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; Witness Signature Owner Signature
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I Print Name Print Name
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STATE OF FLORIDA )
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I COUNTY OF PALM BEACH )
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HIE FOREGOING INSTRUMENT was acknowledged fore ~e thi~ day of
, No V€~'i!r ' 20~ by e r ' r, c/'" and
I I oroduced
I ' who are known me or who have
I vl/Jf1iit .p. t. . ,as identification and who did/did not take an oath.
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I NOTARYP~ <.,
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S'{
Type or Print Name
I Commission No.
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My Commission Expires:
S:\CAIAGMTSIWaler ~ of any. doc- 1.0.06 ;,..................
H:\1990\900 I 82.BB\AGMT\Power of Attomey-lnd 1-30-06.doc ~ SUSAN..colliNs...........!
i /~~'P'~\ Comm. 000295085 ~
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: 'q,,^~ Bonded.... (800)432"254:
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Gary R. Nikolits,CFA
Palm Beach County Property Appraiser
Propcrty Mapping Systcm
r; . 'S~arcl1 ,; I 'Parcel Detail$]
_, _ ~ _ _ ~, -',,;' _ . _~..;,.. .__. .._,"_ _._.1
VI' =. 2730 27"" Owner Information
peN: 00434509090002230
r, Return to PAPA' ;,1
Name: HOMRICH GEORGE
: ;;,:;.' f'~: Location: 1050 PEAK RD
Mailing: 2706SW8THST
-"-_0 BOYNTON BEACH FL 33435
,- 7520
I 2005 Preliminary Assessment
Market Value: $114,243
, Assessed Value: $114,243
, Exempt Amnt: $0
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2240 "* =<> 2200 Taxable: $114,243
, '2005 Estimated Tax
I Ad Valorem: $2,085.3
I Non ad valorem; $264.0
2000 I Total; $2,349.3
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I Sales Information
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, Sales Date ~rice
Jul-2005 $152,500
Oct-ZOO3 $33,500
Oct-2002 $0
ZltO 212:0 2130 Z141 Oct-2D02 $47,000
Sep-2002 $47,00
Aug- 2002 $100
Ma -1991 35 000
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Legend Palm Beach County Property Map
D Parcel BOllldary Map Scale 1:788
~ Lot nurrtler Map produced on 12fS/2006 from PAPA
hup:l/www.pbcgov.com1papa
http://giswcb.co. palm-beach.fl. us/ipapagis/prcscntation/mapping/printnew ,asp?MA PURL=... 12/5/2006