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R05-005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O RESOLUTION NO. R05-tS)O~' A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND CHAD BRONKIE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at1075 Alto Rd., Lake Worth, Florida (Ridge Grove ADD No 1, E 30 Ft of Lt 332 & W 30 Ft of Lt 333); and WHEREAS, the parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Green project; and WHEREAS, a water distribution main has recently been completed on this street, g for the service to this parcel; and WHEREAS, No additional construction will be required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF iTHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption ihereof. Section 2. The City Commission hereby authorizes and directs the Mayor to execute a Water Service Agreement between the City of Boynton Beach, Florida and Chad Bronkie, which Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESOLa, greements\Water Service~Bronkie Water Service Agreement.doc PASSED AND ADOPTED this t~ day of January, 2005. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 Attest: 24~ 26 27 28 CITY OF BOYNTON BEACH, FLORIDA C~omm'~-ssior~r' t~, Commissioner S:\CA\RESO~Agreements\Water Service~Bronkie Water Service Agreement.doc I llll II HI il II lll lll il Iii Il Ii Il Ill I il H IH I I HI CFN 20050042357 CITY n~ y ..... , , ~0Y~t~u ~0tj RECORDED 01/24/2~5 14:12:40 ~IS ~STR~T PREPPED B ~ '~ ~ -/,-',,.'%"~ Jam~ A. Chgof, Esquire ~.~aN --':, O. .... ~0~- O0 E Josi~3099 ~t & Goren,com~cialP.A. Blvd. Off~-~ ~"elCity ~' ~ ~ Clerk ~[~ of 8Oy~tO~ 8~ghPalm Beach County, rtortaa Sharon R. Beck, CLERK g CO~PTROLLE$ Suite 200 100 E. Boynton Beach Blvd. p~ 0856 - 864; (Op~s~ Ft. Landerdale, FL 33308 Boynton Beach, FL 33435 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this /4 day of ..~~~ 200_~, _, by ~,d betweer! ~ ~4P~ t'5. [D-~OqO Nibs, ~' hereinafter called the "Customer, and the CITY OF BOYNTON ~EACH, 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 abihty 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 fi'om 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 fi.om its Municipal Water System to service the real property described ~s follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the city herebY agree that there are/, c/ Equivalent Residential Connections which City shall service. 3. The Customer agrees to. pay all costs and fees of en~neering, 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 Omtomegs premises. The Customer shall be respons~le for installation in conforra~ance with all codes, rules and regulations i 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 Attomey 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 aunexation 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 foffia herein. The Customer acknowledges that the consideration of initially connecting to ge 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 attomey nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant runhing 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 Paim Beach County, Florida, and the Customer and ail subsequent txansferee, grantees, heirs or assigns of Customer shail be binding on the Customer and ail 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 oflocai, regionai, State or Federai agencies or other agencies having jurisdiction over such matters. Also, the City shail 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 casuaities 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 ail 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 additionai agreements or representations shail 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 beneficiai title to the property which is the subject of this Agreement. .j~W~I ~TNESS WHEREOF. ~the parties hereto have set their hands and seals this ~ day of _ ,200't. Wit~e~s Signature ~ ,"b Printed Witness Nam/e,,~ Printed Witness N~ne / ^ 1NDWIDUAL(S) AS OWNER(S): Owner Signature Printed Owner Name 3 Printed Witness Name / Pi'inted Witness'Name Owner Signature Printed Owner Name FOR INDIVIDUAL (S) 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 take acknowledgments, personally appeared 0, h4~) BFDh ~ ~ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before ~,e,~a! he/she ~ex~u, te~. ~e same; tha~a_.ett the in,.,di .vid. u_al.was personally known to me or provided the xmmw,ng prooIo~iaenfincation: ~.DL {L'~5 ~2 ti 1 7q/~..~ ~0 ,~.~S my hand and official seal in the County and State last afores ~~ ,,^,,t t aidthis (~r~ dayof .'.,g ~SS: ~ C~ OF BOSTON BEACH, FLORA ~EST: 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 acknowledgm~ts, personally appeared ~rr)~ [~-)r[o( , Mayor and ~3'~al, le.P-f)rct)n/~ , City Clerk respectively, of the CSty named in the foregoing agreement and that they severally acknowledged executing same m the presence of two subscribing witnesses ~eely 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 -4~/~ o ~r-/J,/ ,200_37. (Notary Seal) City Attorney Notary Public dayof' TH,~ INSTRUMENT PREPARED BY: J~rnes A. Chemf, Esquire Joslas & Go~ P.A. 3099 E~t CommenY~l Bh~. Sult~ 200 FL ~uderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY 0 F '[;:::'A-L,I~ I/We, ~.~h~ ~-X r~,.O6~t~C_ , 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: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the '~7.. day of [~)0~J~/~ _~,~_ , 20{~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOI:, we have hereunto set our hands and seals the ~ day of ~ , in the year two thousand and .-¥-DU(' . Sealed and delivered in the presence of Withe~Signature /"~ -- WitnessSk3nature/ Printed Witness Name Owner Signature Printed Owner Name Owner Signature Printed Owner Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ~,30t~litJ:)G/'r_l-lE, F,OREGOING INSTRUMENT was ackaowledaed before me this __ day and who are known ~Le--~e or who have produced as identification ~ ~1'~o ~lfdj. d not take an oath. NOTARY' F Type or Print lame ' Oommissibn No. Palm Beach County Property Appraiser Property Search System Page 1 of 2 Property Information Location Address: 1075 ALTO RD Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-09-000-3321 Subdivision: RIDGE GROVE ADD I IN Official Records Book: 14871 Page: 1131 Sale Date: Feb-2003 Legal Description: RIDGE GROVE ADD NO 1, E 30 FT OF LT 332 & W 30 FT OF LT 333 Owner Information Name: BRONKZE CHAD Mailing Address: 1310 LAURELWOOD LN DELRAY BEACH FL 33445 3501 - Sales Information Sales Date Book Page Price Feb-2003 14871 1131 $85,000 Jan-2001 12383 1308 $77,000 Aug-2000 12085 1955 $66,212 Sale Type Owner WARRANTY DEED BRONK~E CHAD WARRANTY DEED BRANCH TERENCE WARRANTY DEED FLETCHER BONNEWIT GROUP ZNC Exemptions Regular Homestead $25,000 Year of Exemption: 2005 Total: $25,000 Appraisals Tax Year: I 2004 / 2003 / 2002 / Improvement Value: ,70,0561 ~63'4421 $52,3131 Land Value:I Total Market Value: ,87f142t 778,8021 764,313! Use Code: 0100 Description: RESZDENT~AL Tax Year 2004 Number of Units: 1 *Total Square Feet: 1425 * in reBidential properties may indicate living area. Assessed and Taxable Values Tax Year:I ;~ :~0, ;~ 2oo4 / / 2002 / Assessed Value: $87,1 778,802J ~i~f3 Exemption Amount: Taxable Value: 787f1421 778,802~ ~64,313{ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~004 · 71911 71f8911 ,1,5411 71r265I $1921 718sI Record Search I Information I Exemptions I Community I Employment I New H0m~ BUyg[ [ Office Locations http://www.co.paJm-beach.flus/papa/aspx/web/detai! info.aspx?p entJty=O043480909000... ]2/7/2004 1 in. = 142.0 feet 0210 0200 0100 0180 0170 0160 0150 OO8O 0t00 0t10 0t20 0130 0140 0070 0060 0050 0040 0030 0020 0010 325O O254) 275~ 27 2'180 2160 Location Map - Exhibit "A" 0240 0220 02t0 02OO 0190 0t71 0190 0t50 0140 0130 0120