R05-0441
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RESOLUTION NO. R0S-iDt4t4
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 MOHAMMED A.
KHAN, MOHAMMED LITON KHAN, LINCON KHAN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
~ater and sewer service area, located on the northeast quadrant of Tucks Road and Lawrence
~oad; and
WHEREAS, the parcels covered by this agreement consists of 0.894 acres of land
)roposed for an office/retail usage and an accessory caretaker apartment. A portion of this
temand will be offset by the demand from the existing convenience store that is already
:onnected to the City's water and sewer system; and
WHEREAS, water and sewer mains exist within the Tucks Road right-of-way. The
teveloper of the property will be required to provide additional connections to the proposed
)uilding; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
~HE 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
hereof.
Section 2. The City Commission hereby authorizes and directs the City Manager
to execute a Water Service Agreement between the City of Boynton Beach, Florida and
Mohammed A. Khan, Mohammed Liton Khan and Lincon Khan, which Agreement is
$:\CA\RESOXAgreements\Water Service~Khanl Water Service Agreement.doc
1 attached hereto as Exhibit "A".
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Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this | ~- day of March, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
',lerk
:\CA~,ESOhAgreementsWCater ServiceLKhanl Water Service Agreement.doc
The City of
Boynton Beach
City Clerk's Office
~oo E. Boynton Beach Boulevard
P.O. Box 31o
Boynton Beach, Florida 33425-o3~o
(561) 742-6060
FAX: (560 742-6090
March 31, 2005
Ms. Barbara Platt, Recording Manager
Palm Beach County Clerk of the Circuit Court
P. O. Box 4177
West Palm Beach, Florida 33402
RE: ACCOUNT #1031 - (8 PAGES - $70.10)
Dear Ms. Platt:
Please record as one document the following packet consisting of 8 pages. Thank you.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND COVENANT FOR ANNEXATION
ALONG WITH
IRREVOCABLE SPECIAL POWER OF ATTORNEY
R05-044, MOHAMMED LITON KHAN AND LINCON KHAN AND MOHAMMED KHAN,
PCN 00-43-45-18-00-000-7240
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
r,n~t M. Prainito, CMC, City Clerk
CC: Pete Mazzella
Central File
PBC Recording
Attachment
Sam Reep
S:\CC\WP~JM',PBC RECORDING\WATER SERVICEAR05-044 KAHN.doc
'An Equal Opportunity/Affirmative Action/ADA Employer'
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT madeon this 9 day of February 20 O5 by
and between Mohammed Liton~aJnC~nLincon Khan and Mohammed Khan hereinafler 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 ~ 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
__ day of ~e-,~,-~o,z, --t ,200.~-_.
Witness Signature
Printed Witness Name
Witness Signature
K/q;~. LA- G E/~ tT E'7__
Printed Witness Name
Witness Signa'ture ' ~"
Printed Witness Name
Wit~ss .~igr~ature - (~
Printed Witness Name
IND~OWNER(S):
Owner signature '
Printed Owner Name
.
Owner Signature
Printed Owner 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 ¢'<~¢,o~--¢,~ ~/r~o~:~,~-,~ L,c~T.o~ ~ ~ ~ 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:
(Notary Seal)
WITNESS:
WITNESS my hand and official seal in the County and State last aforesaid this
day of ~. c~ c, ¢-.~ .200~--
.....,~'.~g?.. Belinda G. Ha~er ~ta~ ~C X
..,.o~.- ~: ~o.~ c.,~ Cl~ OF BOYNTON BEACH FLORIDA
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 ~--eg¢,~ T,~/~ , Mayorand 'O'~,~r ~. ~;',~,'-)'0 ,
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.
~WlTNESS my hand and official seal in the County and State last aforesaid this
day of ~1~ ~_~_~ .200.~.--
(Notary Seal)
Barbara M Madden
, . ·
~~ Co~ss~on ~ ~D~24
Bonded ~
Notary Public
Approved as.to form:
JAC/Ims
900182
12/12/95.rev
WATERSRV. 1
Legal Description Approved:
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF
Mohammed Khan and
If~, Mohammed Liton~and Lincon Khan hereinafter "Grantee", hereby
~r~an '
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:
ATTACHED EXHIBIT "A"
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA,
February
Grantee.
shall commence and be in full force and effect on the
, 20°5 and the powers and authority shall be
9 day of
irrevocable by
IN WITNESS WHEREOF, we have hereunto set our hands and seals the '~
day of ~'~-~o ,' ,-, ~, ," -n , in the year two thousand and -~ v ~
Sealed and delivered in the presence of
Witness Signa~ture ' ' ' ~'
Printed Witness Name '
Witness Signature ~
K ~. L ~ ~' N ~'T E~
Printed Witness Name
Witness-Signature --- ~
Printed Witness Name
eom t I UL
Owner Signature
Printed Owner Name
Owner Signature
Printed Ow~e'r Na~
Owner Signature
Printed Owner Name
K-C~P.L ~ CSE N CT ~Z.
Printed Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
of
THE FOREGOING INSTRUMENT was acknowledged before me this
'{'~',- ~.,'---~ , 200~,
My Commission Expires:
POA. IND
. day
by 65~,rnm~ ~, ~~& ~ ¥o~ and
, who are known to me or who have produced
, as identification and wh-6~'~d/did not take an oath.
~ NO_9-!A~ Y PUBL~,~
Type or Print Name
Commission No.
I in. = 137.3 feet
0090
0080
0070
0060
0050
0040
0030
0020
7050
7191
7300
7320
OOO0
I DO00
7161 7140 7251 7250 i 7180
8890 La-Wr nc,, R ........
TUCKS RD - ......
7190
7192 7220 7210 7150 7200
7120
7070
7110
7340
7080
7330
7100
7060
~00101 0000 I
0010
0041
0071 0111
0141
0301
Location Map
0171
0271
0201
0240
0010
0451
Exhibit "A"
004.1
0411
~: ~"
i 0081
0381