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RESOLUTION NO. R05- CMO
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 ALWEISS
ENTERPRISES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
and sewer service area, which is the proposed project known as Delray Commons,
located along the west side of Military Trail between Steiner Road and the LWDD L-29
canal; and
WHEREAS, the parcels covered by this agreement consists of 4.077 acres of land for
Dosed office/professional usage which were previously approved for water service in 1984
nd 1990; and
WHEREAS, a water distribution main exists in the vicinity, allowing for the service
to this parcel. Sanitary service will most likely be provided via a private pumping station,
with a force main extending to the City's system; and
WHEREAS, All improvements to be constructed a the developer's expense; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
. CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
true and correct and are hereby made a specific part of this Resolution upon adoption
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 Alweiss
;:\CAXRESOkAgreeraents\Water SetwicekAlweiss Water Service Agreement.doc
1 .Enterprises, which Agreement is attached hereto as Exhibit "A".
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Attest:
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this t~ day of January, 2005.
CITY OF BOYNTON BEACH, FLORIDA
~mm~ssl, oner ,
Commissioner
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S:\CA~RESO~Agreements\Water SetviceXAlweiss Water Service Agreement,doc
THIS INSTRUMENT PREPARED
James A. Cherof, Esquire
Josias & Goren, P.A ....
3099 East Commerc a Blvd
Suite 200
Ft. Lauderdale, FL 33308
CFN 20050079888
OR BK 18122 PG 1931
R£CORDED 02/09/2~05 14:06:03
Palm Beach County~ Florida
Sharon R~ Bock~CL£R~ & COMP?ROLL£R
Pgs 1931 - 1943; (13pgs)
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this-- ~.~.2~ day of ¢81') ~ , 200____~, by
and between ~l~e±ss grt~e~'p~'±ses¢ 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)
2. The Customer and the City hereby agree that there are /2.. 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. The Customer acknowledges that this covenant regarding 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.
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.
¢¢-O IN WlTNESSt~W~EREOF' the parties hereto have set their hands and seals this
day of ,/'~//. , 200~
· ~"~,ness Signature"(,~/"' F ~ P;-c:~ S~~
Pnnted W~tness Name Printed President's Name
Witness Signature
Printed Witness Name
Witness Signature
Printed Witness Name
Pr]n~ed Secretary/Vice President's Name
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FLORIDA )
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
.app, eared _~',~,~ ~ ~-~.~£ ,.~. ~,!,~,~-I ~ . , to me known
to De the personLs) aescriDea in ana WhO executea the foregoing instrument that
helshe acknowledged before me that he/she executed the same; that the individual was
pe..~r.sonally known. to me or provided the following proof of identification:
..~ WITNESS
day of
(Notary Seal)
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
my hand and o~'icial seal in the County and State last aforesaid this
OlTY OF BOYNTON BEAOM, F~ORIDA
ATTEST:
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 LTcrt'y 7--~y,/o r ,
Mayor and ,.1'-~-~¢+ t~'r&-/~'~, , 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 m,y_~hand and official seat in the County and State last aforesaid this
//¢¢- day of ~ 7~ ^ ~'~ r/v' ,200~
(Notary Seal) l-
· ,¢,.a,m~ .~ Notary Public
.....................
Approved as to form:
City Attorney
Legal Description Approved:
JAC/Ims
900182
12/12/95. rev
WATERSRV. 1
(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, the County aforesaid to take acknowledgments, personally
.app, ear,e,d _ .'~..g~ ,~¢:~f. ,~. /~.¢.t/.~l_~-.~ to me known
[o De the person(s) oescrioe(] in and who executed the foregoin9 instrument that
he/she acknowledged before me that he/she executed the same; that the individual was
p~(~sonally know. n_ to me or provided the following proof of identification:
WITNESS my.h/and and o~icial, seal in thC County and State last aforesaid this
day of .~~ ¢2¢¢./¢_~ ,20(~.~ .//1./3 //
,/
(Nota~ Seal)
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
City Clerk
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
Mayor and , 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 ,200 .
(Notary Seal)
Notary Public
THIS iNSTRUMENT PREPARED BY
James A Cherof, Esquire
Josias & Goren, PA
3099 East Commercial Bird
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF /0~-/,~ /~,~/~
I/W~e, Z'.-.. ~ ~ZZ~ /]/~¢,~'r , 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 BOYN'I-ON 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
/6.)cz.,. , 20o,/¢- and the powers and authority shall be
Grantee.
'~ day of
irrevocable by
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of , in the year two thousand and
and delivered in the presence of
Printed Witness Name Printed
Witness Signature
~/itn~'sg 9ignat~~/' ~.¢"~...~,~ ~ ~
Printed Witness Name
Witness Signature
Printed Witness Name
~c~taF¥"~ce Pre~gnature
STATE OF FLORIDA
COUNTY OF PALM BEACH
of
My Commission Expires:
)
) SS:
)
THE/FOREGOING INSTRUMENT was ack/~ovCedged before me this '/' day
/~¢f-./ , 20~, by ~ ¢~ ~ ~S ~ -- and
~ .............. , who are ~...to m~r who have produced
, as identificatio%an~o did/did not take an oath.
~A~Y P~LIC/
Type or Print Name
Commission No.
LEGAL DESCRIPTION:
THE WEST 150.04 FEET OF THE EAST203.04 FEET OF THE SOUTH 548.68 FEET OF
THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER LESS THE
SOUTH 15.00 FEET THEREOF TOGETHER WITH THE WEST 150.04 FEET OF THE
-EAST 203.04 FEET OF THE NORTH 732.31 FEET OF THE SOUTHEAST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 2 TOWNSHIP 46
SOUTH RANGE 42 EAST, ALL BEING IN PALM BEACH COUNTY, FLORIDA SUBJECT
TO DEDICATIONS, RESTRICTIONS, RESERVATIONS OR LIMITATIONS, IF ANY THAT
MAY AFFECT THIS PROPERTY. LESS THE FOLLOWING THREE (3) PARCELS;
PARCEL 1; COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 2;
THENCE ALONG THE EAST LINE OF SECTION 2 S 1-30'-17" E ON AN ASSUMED
BEARING FOR 1381.48 FEET; THENCE S-89-46'-24" W. FOR 60.01 TO A POINT ON
THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AND THE POINT OF
BEGINNING OF THE FOLLOWING DESCRIBED PARCEL. THENCE CONTINUE S 89-
46'-24" W. FOR 25.00 FEET, THENCE S-45-51'-56" E. FOR 35.76 FEET; THENCE N 1-
30'-17" W. FOR 25.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2; COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 2;
THENCE S. 1-30"-17"-E. ON AN ASSUMED BEARING, ALONG THE EAST LINE OF
SAID SECTION 2 FOR 2073.79 FEET; THENCE S. 89-46-24 W. FOR 60.01 FEET TO
THE POINT OF BEGINNING. THENCE CONTINUE S. 89-46'-24" W. FOR 25.00 FEET
; THENCE N. 44-08-00 E. FOR 34.96 FEET; THENCE S. 1-30'-17" E. FOR 25.00FEET
TO THE POINT OF BEGINNING.
PARCEL 3; COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 2
THENCE S. 1-30'-17" E. ON AN ASSUMED BEARING ALONG THE EAST LINE OF SAID
SECTION 2 FOR 2073.79 FEET; THENCE S. 89-46'-24" W. FOR 60.01 FEET; THENCE
S. 1-30'-17" E. FOR 60.01 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE
S. 1-30'-17" E. FOR 25.00 FEET; THENCE N. 45-49'-48" FOR 35.76 FEET; THENCE N.
89-49'-47" E. FOR 25.00 FEET TO THE POINT OF BEGINNING. ALL SHOWN IN
OFFICIAL RECORDS BOOK 7141 PAGE 1833 OF THE PUBLIC RECORDS OF WEST
PALM BEACH COUNTY, FLORIDA, FOR RIGHT-OF-WAY PURPOSES.
I HEREBY CERTIFY: THAT IN MY PROFESSIONAL OPINION AND TO THE BEST OF
MY KNOWLEDGE AND BELIEF, THE ATTACHED "BOUNDARY SURVEY" IS TRUE AND
CORRECTAS RECENTLY SURVEYED UNDER MY DIRECTION AND ALSO THAT THIS
"BOUNDARY SURVEY" CONFORMS WITH THE MINIMUM TECHNICAL STANDARDS
SET FORTY BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND
MAPPERS IN CHAPTER 61 G17-6 OF THE FLORIDA ADMINISTRATIVE CODE
PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES.
FROM : SEARCHITECT FAX NO. : Nov. 05 2004 12:50PM P£
Novemt~r 5, 2004
i~ Delmv Commons
eau m~ ify~u blwe rely qtm~ioa~
NOU-5-2004 FRI 12:~gPM ID: PAGE:~
FROM : SEARCHITECT FAX NO. ~ Now. 05 2004 l~:30PM P3
FUND OWNER'S FORM
~.hedule A
Policy NO.: OPM-2454644 Efbotlve [)lda: 3/24/03 sit 11 pm
Fib Rd.:
RI:SPA, YES x NO
. if y# to ~le leOVe, ! hljve pedo~m:i iI "mm tJ~e qle~ --,rdces.' YES NO
4em s. Univemtv orive. C, nd near I:~. ~ ~
IBLINO ADOREE6 ' ' CITY ZIP
Ftm4 Fd~ ~.A (Rev.
FUND OIAl~'~ FORM
NOV-5-2004 FRI 12:29PM ID: PAGE:3
FROM : SEARCHITECT FAX NO. : No,~.. 05 2004 12:31PM P4
1170~72004 t1:41 _Nt~210 A~NULD ~LNI.~ ~lN ~ ~
~mlM; 1T.~.. p, 612, ii iffec~md ily ~ ~) I. li~ WaSh Oradne~ OMIxt~ died 3/14,'88 ftkKi 6/14M~ bt O,R.
~ 8E,~ ARE TO PUilUC ~ OF PALM BEACH C(~JNTY, FLORII~
NOU-5-~004 FRI l~:30PM ID: PAGE:4
1 in. -- 223.7 feet
Alweiss Enterprises parcels
5070
Location Map - Alweiss Enterprises parcels
Palm Beach County Property Appraiser Property Search System Page 1 of 1
Property Information
Location Address: MILITARYTRL I .... ~lew
Municipality: UNINCORPORATED
Parcel Control Number: 00-42-46-02-00-000-1041
Subdivision:
Owner Information
Name: ALWEISS ENTERPRISES
Mailinu Address: PO BOX66Ii69
MIAM! FL 33266 1169
Sales Information
Sales Date Book Page Price Sale Type Owner
Feb-2003 14962 199 $650~000 WARRANTY DEED ALWEISS ENTERPRISES
Oct-I981 0:3622 0844 $225,000 WARRANTY DEED ARCADIA PROPERTIES
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: I000
2004 7'Jul 2003
7704f480] 7440r300
7704r481~ 7440r300
2002
7440f300]
7440f30q
Description: VACANT COMMERCIAL
Tax Year 2004--
Number of Units: 0
*Total Square Feet: 0
Acres: 4,04
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2004 ~/
Assessed Value: 770414
Exemption Amount:
Taxable Value: 7704f480
2002
7440r3 7440t3
7440r30q 7440r300]
Tax ValuesTa× Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2004
2003
~8r608
7265
~8r773
2002
78r659
78~824
2004 Palm Beach County Property Apprmser.
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p entity=004... 11/29/2004