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R08-068 II 1 RESOLUTION NO. R08- ObS 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 MARQUEZ JONES 9 JOINT VENTURE, LLC; PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, at 7149 Hypoluxo Farms Road, Lake Worth, Florida (PCN: 00- 15 42-45-11-00-000-1040, 00-42-45-11-00-000-1050 and 00-42-45-11-00-000-1060); and 16 WHEREAS, the parcels covered by this agreement include fifty (50) equivalent 17 residential connections which will be serviced by the City; and 18 WHEREAS, the developer will be responsible for installing water and sewer lines to 19 this site or coordinating connection to future developments. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 eing true and correct and are hereby made a specific part of this Resolution upon adoption 24 25 Section 2. The City Commission hereby authorizes and directs the City Manager 26 o execute a Water Service Agreement between the City of Boynton Beach, Florida and 27 ARQUEZ JONES JOINT VENTURE, LLC, a copy of said Agreement is attached hereto as 28 xhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. :\CA\RESO\Agreements\Water Service\Marquez Jones Water Service Agreement.doc II , 1 2 PASSED AND ADOPTED this ~ day of June, 2008. 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 10 11 12 13 14 15 16 17 18 /:O7~/~ 19 20 21 ..e6"mmissioner - Marlene Ross 22 Attest: 23 24 ,~ 25 26 ane M. Prainito, CMC 27 Clerk 28 29 30 31 32 :\CA\RESO\Agreements\Water Service\Marquez Jones Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 gos-0(,8 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this `n day of J o„,r e_ , 200 a , by and between Marquez Jones Joint Venture, LLC 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, 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: 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) ,,��/h� 2. The Customer and the City hereby agree that there are SO 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 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. 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 of this 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. 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, 2 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) IN WITNESS WHEREOF. the parties hereto have set their hands and seals this day of 3 .P 'r • ` , 2006. WITNESS: : • DUA (S) AS OWNER(S): \ / i Witnes S ature , er Sigpat i�-. C`(A ca.c ` A �n � f, e � .7.Vi 1i G1 fedi ' n..)4S�'r. P Printed W itnes ame Printed Owner Name C ' ness Signature f - / 1!lis)( u� A6 Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF \ c� ) ) ss: 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 c\c", o .rAl._ •� e s 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 known to me or provided the following proof of identification: . WITNESS my hand and official seal in the County and State last aforesaid this ( g day of RiD \ l ,200c< . (Notary Seal) _ My Commission expires: 3 -As-o Notary ' ubli` .o' P e \ini, Pubhe State of Flonda 4 , r ° .s.a Bona Ann Wtlhams v ' mmtsslon DD4 ?40: � � ' 44 of E.e` , es 03115/2009 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND ihav I u,cZ. 30n,frs Jbin+ Verrf'wv 1 G A C— (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Flor'da municipal corporation n � c ^"" r c iw k, 6,..,.g-a-� _ ` u Bressner, City Mana er ATTEST: i j •' . * � 4 4 4,x'0.! Clerk - L Pccrk� - r f C £ s i n _� Approved as ti fo : ; -, i' , h` 4 ,,,,,,„„kd -,,,,,„,„, City ' orney Ir 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 l•-e)(4 4.4r/ivv - , ,, �, , , City Manager and , 7 p i7 H A - py,.. A 62,0c4 Ty 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 1 C 1 day of fit , 200 r3. (Notary Seal) l:.(,1; 1O VA L l.%h -al -�'�- al4 Notary Public My commission expires: NOTARY PUBLIC-STATE OF FLORIDA Catherine Cherry- Guberman S \CA \AGMTS \Water Service \Water Service Agreement - Rev 1-6-06 doc emu,. Commission #DD792144 r ;,,, ;Commission Expires: MAY 27, 2012 H \ 1990 \900182 BB \AGMT' \Water Service Agreement - Rev 1 -6 -06 doc BONDED MU ATLANTIC BONDING ca, Mt 0_,W"fte( iris Olt e ( f '-i - ' mQ, 1 1 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire City of Boynton Beach 100 E .Boynton Beach Blvd. Boynton, Beach, Florida 33425 ROB - Dba IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH I, Richard S. Jones Jr., as Corporate Representative of Marquez Jones Joint Venture, LLC, 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: Property Control Number (PCN): 00-42-45-11-00-000-1040, 00-42-45-11-00-000-1050, 00-42-45-11-00-000-1060 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of , 20_ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the _ day of , in the year 20_. . Sealed and delivered in the presence of ~~. A \...:, it:J...~ Corporation Name: ;11.....~,.L. ~~5 Tc:li'+ Vwcv<; 1..1.1:.. Witness Si ture \'1i.'>Jt~'''' A~,~\:.",s By(J2&Qh Print Na e /~ Print Name and Title: 'R;J...rJ.S.s;~r. ~!:i'Pr. L/ ltness Signature ATTEST 6.1,'~~ ,Ab t Jl?t bb {) Print Name Secretary Corporate Seal: STATEOF \-\o('I.d~ ) , COUNTY ofV 0 \ tv\. \s...a.. ~ ) SS: ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and In the County aforesa~d take acknowledgments, -s;ersonally appeared --;(,c-~Q..<f' d S, :s~on...S'S(" as f N\o -r'tu..~~o'C\...< a::n-\-\L....named in the foregoing agreement and that he/she ac edged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in himlher by said Corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. Witness my hand and official seal in the County and State last aforesaid this ~ day of A~.{" \ \ ,200<t. .. ~~ - ~- .. ~ -"" ~- ~ Slo .~ ~ NOTAR LIC '. \'{\n ~nr'l -< A.Y\ In W, \ \\. Q n,. S Printed N e My Commission Expires: o-~-l ';:)- c:f1 S:\CA\AGMTS\ Water Service\Power of Attorney-Corp. 1-6-06.doc ~~. ""<1(.. ''''''~ Public 51.1ll or I=lorida L' ~r, "';'IUli!- ~.nnWilljams H:\1990\900182.BB\AGMT\Power of Attorney-Corp 1-6-06.doc \ "iv: 'ln1rlllssion 00407402 _, OF I\~=". ,_ ~: !:l115/2009 Q; .g! CD ID ...... ..- CO 0 0:: en E s.... co u. 0 >< ::l - 0 a. ~ I en ~ ~ "- Palm Beach County Property Appraiser Property Search System Page 1 of2 ~::: .~""'i"P..,,"11 App..i...'. Publi, A,,,,, S,,, err W~'1'i't'\~~"""'~":<'~" ~.. -.;" ,. t ~~ ~ ~ ..... ~1It' "' 1'''' ...... "" r 1 i01,'::,'; "....~ ,.. r . r or ~ ~~, >:t"",, i\l ;] '" Property Information 1;;);;i;bJ~_;IliI..f;;J>~1 Location Address: 7149 HYPOLUXO FARMS RD l'jt~;~i~';r.r;;tIJ Municipality: UNINCORPORATED Parcel Control Number: 00-42-45-11-00-000-1040 Subdivision: Official Records Book: 21622 Page: 1479 Sale Mar-2007 Date: LID . t' 11-45-42, S 342.65 FT OF N 1027.95 FT OF W 1374 FT OF NE 1/4/LESS ega escnp Ion: CNL & RD R/WS/, BEING LT 3 OF HYPOLUXO FARMS Owner Information Name: MARQUEZ JONES JOINT VENTURE LLC lu~;;"all;~;j;144fLkl Mailing Address: 190 CONGRESS PARK DR STE 180 DELRAY BEACH FL 33445 4707 Sales Information Sales Date Book/Page Price Sale Type Owner 1..ki;.t4lI:allS;:;;f;;;JkikJitI Mar-2007 21622/1479 $6,000,000 WARRANTY DEED MARQUEZ JONES JOINT VENTURE LLC Sep-2005 19631/1175 $0 QUIT CLAIM MARQUEZ HYPOLUXO PROPERTIES LLC Sep-2005 19631/1173 $0 QUIT CLAIM MARQUEZ HYPOLUXO PROPERTIES LLC [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: 2005 Property Information Improvement Value: $148 317 Number of Units: 1 Land Value: 1 527 000 *Total Square Feet: 3656 Total Market Value: $1 675 317 Acres: 10.18 Use Code: 0100 Descri ption: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2007 2005 Assessed Value: $1871 572 $159 671 [L$itlJJm_;;~1 Exemption Amount: 0 25 000 Taxable Value: $1 871 572 134 671 http://www.co.palm-beach.fl. us/papa/aspx/web/detail_info.aspx?p _ entity=00424511 00000... 5/14/2008 Palm Beach County Property Appraiser Property Search System Page 2 of2 Tax Values Tax Year: ~-+~"G,l Ad Valorem: Non Ad Valorem: Total Tax: [calC\d8te Additional] ii!i;ii;;;;! "./1 '!i!i;i;i;i;;;;ifif '~fg":"'I,".,*,"","," Tax Collector WebSite 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. http://www.co.palm-beach.f1. us/papa/aspx/web/detail_info.aspx?p _ entity=00424511 00000... 5/1412008 Page 1 of 1 Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Owner Information 00424511000001040 N MARQUEZ JONES JOINT ame: VENTURE LlC location: 7149 HYPOLUXO FARMS RD MaT g' 190 CONGRESS PARK DR STE I In . 180 DELRAY BEACH, Fl33445 4707 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: Non ad valorem: Total: Sales Information Sales Date Mar-2007 Sep-2005 Sep-2005 Sep-2005 Sep-2005 Sep-2005 Sep-2005 Sep-2005 Mar-2000 C.Qn..1QQ4 Legend Palm Beach County Property Map L=:J Parcel BomdaJy Map Scale 1 :4399 ~ Lot nUnDer Map produced on 5/14/2008 from PAPA http://www.pbcgov.com/papa http://gisweb.co.palm-beach.fl. us/ipapagis/presentati on/mapping/printnew. asp ?MAPURL=... 5/14/2008 Palm Beach County Property Appraiser Property Search System Page 1 of 2 _:i,l:t!~!,;:~'0.ifPj.rtY Appraiur's Public Access System ~H~.,i""'^I!" &~ II ,...';:.. F r i~- r ~ ~ :1/i0.4", '" ~~~M?@'i%ffi<g1i<t'{;'" it;'u&Li, II' Property Information 1%<~""J\itIRMl'iMaft'''''kk''hdl Location Address: HYPOLUXO FARMS RD l.~=~4'fitli*J Municipality: UNINCORPORATED Parcel Control Number: 00-42-45-11-00-000-1050 Subdivision: Official Records Book: 21622 Page: 1479 D;:~~ Mar-2007 L I D . t' 11-45-42, S 171.33 FT OF N 1370.60 FT OF W 1388.55 FT OF NE 1/4 BEING ega escnp Ion: S 1/2 LT 4 UNREC PL OF HYPOLUXO FARMS Owner Information Name: MARQUEZ JONES JOINT VENTURE LLC I,.wli~~~d;;tl Mailing Address: 190 CONGRESS PARK DR STE 180 DELRAY BEACH FL 33445 4707 Sales Information Sales Date Bookl Page Price Sale Type Owner l'fi"",tfi""tIIJ'-idhikiui:$d,1 Mar-2007 21622/1479 $6,000,000 WARRANTY DEED MARQUEZ JONES JOINT VENTURE LLC Sep-1999 11378/0422 $450,000 WARRANTY DEED MARQUEZ NURSERIES INC Sep-1993 07895/0388 $150,000 QUIT CLAIM [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: 2005 Property Information Improvement Value: 63 391 Number of Units: 1 Land Value: 772 500 *Total Square Feet: 1586 Total Market Value: $835 891 Acres: 5.15 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2007 2006 2005 Assessed Value: $930 492 $931 441 $81.416 r~nl"'*".lmt-' Exemption Amount: $0 $0 $0 " Taxable Value: $930.492 $931 441 $81.416 http://www.co.palm-beach.fl.us/papa/aspx/web/detail_ info.aspx?p _ entity=00424511 00000... 5/14/2008 Palm Beach County Property Appraiser Property Search System Page 2 of2 Tax Values Tax Year: 2007 2006 2005 lii~~1 Ad Valorem: 15 624 17002 1551 ~t2&i!J';;!i'Hil Non Ad Valorem: $486 $503 $481 ~~~!~~,~...~:::t:~::J Total Tax: $16110 17 505 $2 032 Tax Collector WebSite 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. http://www.co.palm-beach. fl.us/papa/aspx/web/detail_info.aspx?p _ entity=00424511 00000... 5/14/2008 . . :. . . ~ . I ... .. ., . . _. t.. , .. . ~ - . . . . . . . . . . . :. . . - . . . . . . - . . . . . II: . - . Palm Beach County Property Appraiser Property Search System Page 1 of 1 _<!W:.Y~ .Il!lil!orl, Approl.,,', p..n, ,,,'" s",," ~,~;; " "~ :: ',..~~ . s f<~ ~ "'-.. J r r ":,.. 1'\,,;&, " "- , ~,:.Jt. .1 !li0ub, , Property Information 14''''';'''"W.llllt"MaD,J0jii'''i',,,1 location Address: HYPOLUXO FARMS RD l.1~4'ili"J Municipality: UNINCORPORATED Parcel Control Number: 00-42-45-11-00-000-1060 Subdivision: Official Records Book: 21622 Page: 1479 Sale Mar-2007 Date: liD 't' 11-45-42, S 171.32 FT OF N 1199.27 FT OF W 1388.55 FT OF NE 1/4 BEING ega escnp Ion: N 1/2 OF LT 4 UNREC PL OF HYPOLUXO FARMS Owner Information Name: MARQUEZ JONES JOINT VENTURE LLC I".... I ",h!dp"., ' ", . 04't%;:0ii . Mailing Address: 190 CONGRESS PARK DR STE 180 DELRAY BEACH FL 33445 4707 Sales Information Sales Date Book/Page Price Sale Type Owner Mar-2007 21622/1479 $6,000,000 WARRANTY DEED MARQUEZ JONES JOINT VENTURE LLC Sep-1999 11378/0422 $450,000 WARRANTY DEED MARQUEZ NURSERIES INC Mar-1992 07176/0996 $70,000 WARRANTY DEED [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: Property Information Improvement Value: Number of Units: 0 land Value: Acres: 5.14 Total Market Value: Use Code: Description: VACANT Tax Year: Assessed Value: r:j~,~~1 Exemption Amount: Taxable Value: Tax Values Tax Year: 2006 I",!,~"",\l Ad Valorem: 15 481 IttJ,'b'b',,*ii~Ah0"i~'il Non Ad Valorem: $198 Total Tax: 15 679 Tax Collector WebSite 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. http:/ /www.co.palm-beach.tl.us/papa/aspx/web/detail_info.aspx?p _ entity=00424511 00000... 5/14/2008 Page 1 of 1 Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Owner Information 00424511000001060 Na e' MARQUEZ JONES JOINT m . VENTURE LLC Location: HYPOLUXO FARM5 RD M T 9 190 CONGRESS PARK DR STE al In : 180 DELRAY BEACH, FL 3344S 4707 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: Non ad valorem: Total: Sales Information Sales Date Mar-2007 Sep-1999 Mar-1992 Legend Palm Beach County Property Map CJ Parcel Bomdary Map Scale 1 :4406 ~ Lot nUnDer Map produced on 5/14/2008 from PAPA http://wwwpbcgov.com/papa http://gisweb.co.palm-beach.fl.us/i papagis/presentati on/mapping/printnew. asp ?MAPURL=... 5/14/2008 . Sawgrass Title & Escrow, Inc. 8551 W. Sunrise Blvd., Suite 208 Fort Lauderdale, FL 33322 Ownership and Encumbrance Report To: City of Boynton Beach, Florida Date: March 20, 2008 @ 11 :00 P.M. File No.: 08s-189 Legal Description: See Attached Exhibit "A" 1. Grantee in Last Deed of Record: Marquez Jones Joint Venture, LLC, a Florida limited liability company by Deed recorded April 13, 2007 in Official Records Book 21622, Page 1479, of the Public Records of Palm Beach County, Florida. 2. Encumbrances: Includes only Mortgages, liens and claims of lien (if not specifically affecting other property only), judgments (certified only), federal tax liens, bankruptcy petitions, court orders and decrees, tax warrants, which may affect the title to the property described above: A. Mortgage Deed and Security Agreement dated September 22, 2005 from Marquez Hypoluxo Properties, LLC and Marquez Nurseries, Inc. to OptimumBank, in the original principal amount of $3,070,000.00, recorded in Official Records Book 19302, Page 1128. B. Assignment of Leases, Rents and Profits dated September 22, 2005 from Marquez Hypoluxo Properties, LLC and Marquez Nurseries, Inc. to OptimumBank, recorded in Official Records Book 19302, Page 1149. C. Uniform Commercial Code Financing Statement from Marquez Hypoluxo Properties, LLC, and Marquez Nurseries, Inc. to OptimumBank, recorded in Official Records Book 19302, Page 1154. Page 1 of 3 C. Uniform Commercial Code Financing Statement from Marquez Hypoluxo Properties, LLC, and Marquez Nurseries, Inc. to OptimumBank, recorded in Official Records Book 19302, Page 1154. D. Notice of Future Advance, Future Advance Receipt and Mortgage and Loan Document Modification Ag reement dated September 27, 2005 between Marquez Hypoluxo Properties, LLC, Marques Nurseries, Inc. and OptimumBank, recorded in Official Records Book 19328, Page 1243. E. Loan Assumption and Modification Agreement Without Release dated March 30, 2007 between Marquez Hypoluxo Properties, LLC, Marquez Nurseries, Inc., Marquez Jones Joint Venture, LLC, Richard S. Jones, Robert Marquez and OptimumBank, recorded in Official Records Book 21622, Page 1482. F. Second Notice of Future Advance, Future Advance receipt and Mortgage and Loan Document Modification Agreement dated March 30, 2007 between Marquez Jones Joint Venture, LLC and OptimumBank, recorded in Official Records Book 21622, Page 1496. G. Uniform Commercial Code Financing Statement Amendment adding Marquez Jones Joint Venture, LLC as a Debtor recorded in Official Records Book 21622, Page 1502. All recordings are in the Public Records of Palm Beach County, Florida. 2007 real property taxes have been paid as follows: Property Control # 00-42-45-11-00-000-1040 $30,774.00 Property Control #00-42-45-11-00-000-1050 $15,466.20 Property Control #00-42-45-11-00-000-1060 $13,861.70 Page 2 of 3 CERTIFICATE This Ownership and Encumbrance Report ("Report") is a search limited to the Official Records of Palm Beach County, Florida as defined in Sections 28.001 (1) and 28.222, Florida Statutes, from Beginning to 3/20/08 at 11 :00 P.M. Liability for any incorrect information contained in this Report is limited (1) to the person or entity to whom the Report is directed, and (2) to a maximum of $1,000.00 pursuant to Section 627.7843(3), Florida Statues. This Report is not an opinion of title, title insurance policy, warranty of title, or any other assurance as to the status of title and shall not be used for the purpose of issuing title insurance. Sawgrass Title & Escrow, Inc. BY:~ PAUL M. BLOOMGARDEN, President Dated: April 4, 2008 misc\08-1226 Page 3 of 3 EXHIBIT A Parcell: Tract 3 of Hypo.uxo Farms, according to the unrecorded Plat thereof prepared by E. Elliott Gross and Associates Reg. Engineers. West Palm Beach, Florida, June 1954, being a Subdivision of the Northeast !I. o( - Section II, Township 45 South, Range 42 East, Palm Beach County, Florida, more particularly described as follows: Beginning at a point in the West line of the Northeast !I. of Section 11, Township 45 South, Range 42 East, said point being 685.30 feet Southerly from the Northwest comer of the Northeast !I. of Section 11 which Northwest comer is 5315.17 feet Westerly from the centerline of Military Trail; thence continue Southerly along the West line of the Northeast !I. of Section II, a distance of 342.65 feet; thence Easterly making an angle of 860 38' 52" with the preceding course, measured from North to East, a distance of 1374.00 feet; thence Northerly making an angle of 90055' 22" with the preceding course, measured from West to North a distance of 340.26 feet; thence Westerly making an angle of 89009' 12" with the preceding course, measured from South to West a distance of 1359.45 feet tc:> the Point of Beginning. (Excepting therefrom the West 42.24 feet as Canal Right of Way and the East 25 feet as road Right of Way.) All plats according to the plat thereof, on file with the Clerk of the Circuit court in and for Palm Beach County, Florida. Parcel 2: Tract 4, Hypoluxo Farms, according to the unrecorded Plat thereof prepared by E. Elliott Gross and Assoc., Reg. Engineers. West Palm Beach, Florida, June 1954, being a Subdivision of the Northeast !I. of Section II, Township 45 South, Range 42 East, Palm Beach County, Florida, particularly described as follows: Beginning at a point in the West line of the Northeast !I. of Section 11, Township 45 South, Range 42 East, said point being 1027.95 feet Southerly from the Northwest comer of said Northeast !I. of Section 11, which Northwest comer is 5315.17 feet Westerly from the center line of Military Trail, thence continue Southerly along the West line of the Northeast !I. of Section 11, a distance of 342.65 feet; thence Easterly making an angle of 860 34' 17" with the preceding course, measured from North to East, a distance of 1388.85 feet; thence Northerly making an angle 900 59' 57" with the preceding cow:se, measured from West to North, a distance of 340.26 feet; thence Westerly making an angle of 89004' 38". with the preceding course, measured from South to West, a distance of 1374.00 fe.et to the Point of Beginning. Excepting therefrom the West 40 feet as canal right of way and the East 25 feet as road right of way (said road right of way being more particularly described in instrument recorded in Deed Book 1057, Page 225, Public Records of Palm Beach County, Florida.) The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prai nitoj@ci.boynton-beach.f!.us www.boynton-beach.org MEMORANDUM TO: Pete Mazzella Deputy Director of Utilities FROM: Judith A. Pyle Deputy City Clerk DATE: June 11, 2008 SUBJECT: R08-068 Agreement for Water Service Outside City Limits Attached for your information and files is a copy of the Resolution and a copy of the fully executed agreement mentioned above. Thank you. ru~ Attachments (2) C: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmltlals\200S\Pete Mezzella ROS-068.doc America's Gateway to the Gulfstream The City of Boynton Beach "./ ! ('........,. I I" \ I, r \1 \y- City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.fl.us www.boynton-beach.org MEMORANDUM TO: Pete Mazzella Deputy Director of Utilities FROM: Judith A. Pyle Deputy City Clerk DATE: June 11, 2008 SUBJECT: R08-068 Agreement for Water Service Outside City Limits Attached for your information and files is a copy of the Resolution and a copy of the fully executed agreement mentioned above. Thank you. ru9- Attachments (2) c: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmlttals\2008\Pete Mezzella R08-068.doc America's Gateway to the Gu(fStream