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HomeMy WebLinkAboutMinutes Council 121765/` ANNEXATION OF Councilman Miller informed the City Council that certain PROPERTY FOR BAPTIST property set aside for the Baptist College is, by agreement with the owner, Royal American Industries, Inc., a Delaware corporation CITY OF PALM BEACH GARDENS MINUTES OF SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 17, 1965 SPECIAL MEETING: Upon call of Councilmen Horace S. Miller and W. L. Cargill, a special meeting of the City Council of Palm Beach Gardens was held at $:00 P.M., on Friday, December 17, 1965, at the Police Station, Palm Beach Gardens, Florida. MEETING CALLED TO Mayor Ted Dela Court called the meeting to order. ORDER; QUORUM: After calling the roll, the City Clerk announced that a quorum of the City Council was present, all Councilmen being in attendance. REQUEST FOR ZONING Councilman Miller advised the City Council that he had VARIANCE AT ✓MERIDIAN PARK TO received a request from Phillips Inc. - Builders, a Florida ALLOW THREE -STORY BUILDING: corporation, the owner and contractor on MERIDIAN PARK, a sub- division of the City of Palm Beach Gardens, for a zoning variance to permit the construction of three -story buildings in Meridian Park. Under existing zoning (Zoning Classification R -3), no building can exceed two and one -half stories in height. After discussion concerning this request, Councilman Miller was authorized to publish notice of a public meeting of the Board of Zoning Appeals to consider this request. ANNEXATION OF Councilman Miller informed the City Council that certain PROPERTY FOR BAPTIST property set aside for the Baptist College is, by agreement with the owner, Royal American Industries, Inc., a Delaware corporation Minutes of Special Meeting of City Council of December 17, 1965 Page 2 u duly licensed to do business in Florida, to be taken into the City of Palm Beach Gardens. PROPOSED ORDIN- Councilman Miller then stated that municipal counsel ANCE O -L; FIRST READING: had prepared an ordinance, tentatively designated 0 -L, relative to this annexation. The City Clerk then read proposed Ordinance 0 -L in full for the first time without objection. PETITION FOR Councilmen Miller and Cargill informed the City Council DF�X ION : �~ that they had received a petition from Bankers Life and Casualty Company, an Illinois corporation duly licensed to do business in Florida, and Royal American Industries, Inc., requesting that certain property now within the territorial limits of the City be deannexed from the City. This petition was then read in full, and is attached hereto and made a part hereof as Exhibit "A." PROPOSED ORDINANCE Councilman Cargill and Miller then stated that municipal 0 -K; MOTION TO TABLE T; counsel had prepared an ordinance, tentatively designated 0 -K, MOTION TO ND; FIRST READING: relative to this petition for deannexation. Councilman Miller moved that this ordinance be read in full for the first time and submitted to a second reading in accordance with the Charter in such cases provided. This motion was seconded by Councilman Cargill. Councilman Michael E. Jackson thereupon moved that the petition for deannexation be tabled until the first Council meeting following the general election in March, 1966, which motion was seconded by Councilman Ted Dela Court. Mr. John D. MacArthur, Minutes of Special Meeting of City Council of December 17, 1965 Page 3 who was present at the meeting, was permitted to speak on behalf of the petition for deannexation. Following a dis- cussion regarding this petition, the motion to table the petition was defeated by a vote of three to two (Councilmen Jackson and Dela Court dissenting). Thereupon, Councilman Jackson moved to amend proposed Ordinance O -K to require validation of any such ordinance before it becomes effective by an election of the registered voters of the City of Palm Beach Gardens in accordance with Section 171.01, Florida Statutes, 1965, which motion was seconded by Councilman Dela Court. Following a discussion on the motion to amend Ordinance 0 -K, this motion was defeated by a vote of three to two (Councilmen Jackson and Dela Court dissenting). Thereupon, there was a vote on the original motion of Councilman Miller, which motion passed by a vote of three to two (Councilmen Jackson and Dela Court dissenting). RENEWAL OF The City Council thereupon discussed the renewal of UTILITIES LEASE AND FRANCHISE the existing Utilities Lease and Franchise Agreement with AGREEMENT: Bankers Life and Casualty Company and the management contract with Garden Construction Company. After discussion, the following resolution was duly made, seconded and unanimously adopted: BE IT RESOLVED by the City Council of Palm Beach Gardens that the Mayor and City Clerk be, and the same hereby are, authorized and empowered Minutes of Special Meeting of City Council of December 17, 1465 ADJOURNMENT: WAIVER: by and in the name of the City of Palm Beach Gardens to execute a renewal of the existing utilities Lease and Franchise Agreement between Bankers Life and Casualty Company and the City of Palm Beach Gardens; and Page 4 BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and the same hereby are, authorized and empowered by and in the name of the City of Palm Beach Gardens to execute a renewal of the existing Management Contract between Garden Con- struction Company and the City of Palm Beach Gardens. There being no further business to come before the meeting, upon motion duly made, seconded and unanimously adopted, it was adjourned. By his signature to these minutes, each Councilman hereby waives notice of this meeting. ATTEST: l l / W. L. CARGILL, Ci Clerk "1Zf_i W. L� CARGILL JAMES F. KELLEHER J APPROVED: TED DELA COURT, Mayor TED DELA COURT MICHAEL E. JACKSON HORACE S. MILLER PETITION FOR DE- ANNEXATION OF CERTAIN LANDS FROM THE TERRITORIAL LIMITS OF THE CITY OF PALM BEACH GARDENS., FLORIDA TO: The Mayor and City Council City of Palm Beach Gardens, Florida The undersigned, being the owners of the lands described in Schedule "A" annexed hereto and made a part hereof, hereby petitions that said lands, and each of them, be de- annexed from and excluded from the territorial limits of the City of Palm Beach Gardens, and respectfully requests that this petition for de- annexation be acted on as quickly as possible. Dated this 13th day of December, 1965. Respectfully submitted, BANKERS LIFE AND CASUALTY COMPANY John D. MacArthur President AMERICAN INDUSTRIES, INC. J John D. MacArthur resident SCHEDULE "A" 1-1 -'Ji cf Section, ., Towisbic 42 5,)vLh, Faage 42 &a6r, Palm Reach County, FILvidd Sub.iFct to tTle .1gint:-(-f-way Of and ;U'Jrhelrq rlov�-�18 LLqtric( ".'Aral Wv. C-16, comwnlT k,-,own As the FL,'A- TRA,T, a'lt P,kIR( 3:L T6q) ALL .hat, part of Secr.:,an ib, TownshiD 41 30001, Ra�IgEe 0 $Agt, Palm Beach County, k.-zxr!da. lyint, WrT-b end LAdr of ',he Wntbtavi, right-of-way of the SLehc,4rd Air: ire Miliciad and .4orth c4 that xvrt", r-I'Ar-of-way Of W*,4L Toki� Aark Road, less the rights -of- was;, A State RowJ W. 71L, fFwi- 1�-e HjSItjwav) i4p3 c rt'rskf and Southern Tt.)d Conztrol Dist,:Ick. CAnal 14c. r-18, touiarinly kwwn as -4e ITFTTiEGN(,VF, TRA('I. t w Me Wesr v.,� -hulf (W 112; of Sc-ct_-. 3, &!1 SiA a13 tit Section 13, EXCEPT34t, the SSE 114) and tLe East cmejhal f -'F 1,'2) ,zI thff fast. cane -half 'E 42) of the 3-jutheast oue-t;"arter (SE 1/4) )f tht: Northeast O&M-quaj:ter (NE V4), Tcnw-i�htp 42 Range 42 Fast, 7alrv, Beseb C,)Unty, Florida, LL3S -lie fellwing pav--als of property d"ded LO Meer State of Florida Turnpike kothoriLy-, (1) A tract of land 1,•ing 1-,. 10, Touns-hip 42 iouth, Rangy 42 East, Palm Beacl) (o,-nty' Florida, to parciLularly dc6,--ribeci as fvl%ows: 4eginw-rig at the Suutheasz corner -,,f itetion LO, Township 4! Souch, Range 42 Fast, Paim Beach Coun• v, Fl.,ride; thence N 880 .2' 34" W al;)im e-he -Iouch line Nf said SiFictLan 10, a listancz Of M'55 feet tQ a PILIZ; L"nce N 010 57' !6" E, a distaz)ce of )109,39 teeL to a point or, the: southerly right-of-way Itne of Mmet koad; thence S 881) 41 3411 F_ *I-ng the said Southerly right-of-way line of mid Monet Road, a distance of Leet t, a puirt at% the EkSt lime 01 SrcI ears )0, L.I0t ^_e S 010 14' 5'1" W, a distance- of 264!,,41 feet to a point; thence S Clo 12' 391 W, a distsrce of 2 €0.03 feet tc a point of beginning; and k;2) A tract of land lving :,o Section 10, Tormsh; p 42 South, Range 42 East, palm Beach tountj, Florida, more parri.:ularly described as follows. pegtaring at a point lying S 010 14' 57" W, a distance of :Q 01 feet and N 88" 04' 341 WO a distance of 303.90 feet fr m the Northeast corner of said Section 10, thence 8 elo 51' 26" W, a distance of 10 00 feet to a point; thence X 880 04' 34'" W, a distance of 595.44 tees to a point; thence N 741 02' 24" W, a distance of 206.15 feet to a point; thence N 010 55' 26" E, a distance of 20.00 fast to a point on the Southerly right -of -way line of Monet Road; thence S 880 04' 34" E, along said Southerly right -of -tray line of said k6mat Road, a distance of 745.44 feet to a point of beginning; and (3) A tract of lase! Lying in the East Este -half (IR 1/2) of the Northeast one - quarter (W 1/4), except the East one -half (E 112) of the goat one -half (1 1/2) of the Rftthsaat one- quarter (SE 1/4) of the Northeast one - quarter (NE 1/4) of Section 15, Township 42 South, Range 42 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the Northeast corner of Section 15, 'Township 42 South, Range 42 Rest, Palm Beach County, Florida-, thence S 010 44' 06" W, along the East lire of said Section 15, a distance of 1314.11 fact to the Southeast corner of the Northeast one- quarter (Ng 114) of the Northeast one- quartex (NE 1/4) of said Section 15; thence N 880 09' 29" id, a distance of 330 feet to a point; thence S 010 44' 06" W, a distance of 1313.80 feet to a point; thence N 880 06' 24" W, along the South line of the Northeast one- quarter (NE 1/4) of said Section 15, a distance of 51.75 feet to a point; thence N 010 57' 26" E, a distance of 2627.54 feet to a point on the North line of said Section 15; thence S 880 12' 34" E, a distance of 371.55 feet to the point of beginning; and LESS the following described parcel of realty located in Sections 10 and 15 deeded to Radio Corporation of Ametica described as followa: Commencing at the Northwest corner of Section 10, Township 42 South, Range 42 East, Palm beach County, r1orida; thence 8 10 46' 46" W along the West lure of said Section 10, a distance of 30.00 feet to a point; thence S 880 05' 20" E, a distance of 2408.90 feet to the point of beginning; thence continue S 880 05' 20" E, a distance of 245.14 feet to a Point; thecae S 880 04' 34" E, a distance, of 1554.37 feet to a point; theme S 10 55' 26" W, a distance of 20.00 feet to a point; tbmmse 9 740 02' 24" E. a distance of 206.15 feet to a point; thence S 880 04' 34" E, a distance of 555.44 feet to a point in the West right -of -way line of the Sunshine State Parkva#; thence S 10 57' 26" W along the west right -of- way line of the Sunshine State Tarkvay, a distance of 7867.43 fast to a point; thence N 880 09' 44" W, a distance of 2445.24 feet to a Point, thence N 20 24' 56" E, a distance of 2625.67 feet to a point; thence N 880 12' 34" W, a distance of 125.05 feet to a Point; thence h 10 30'. 28j1 16 a distance 6f 5315.92 feet to the point of beginning. Containing 460 acres more or less. SUBJECT TO the existing right -of -way line of Monet Road as now laid out and in use, commonly known as the HUNGRYIAND TRACT; and PA-RCU :101M Port.or. 0f ii9iid jr, the mss,. one -kaaif �-j --he '-,rL'haaadc gcarter, and in the Northwest q u3;'ter az r +,f• ti-,K thwe8L quarter of the Southeast quarter, Section 19, `yo,,n3hip 42 gout, mange 43 East, Palm Beach County. Florida; l'im`e particularly dpi ctibed as follows- Commencing at the " rter Section corner ir. the Nortb line of said Section 19, Township 42 South, Range 43 Fast, Palm beach County, Florida; thence on a wring ni -,ovth 880 26' 50" East along said NGrch lime of Section 19, . distance. of 331.80 feet; thence South In 21` 00" cat a disraacr of 75 feet to a point of beginning; thence continue South 10 31' 00" West a dietance of 2855.59 feet; thence North 19" 21' 45" East along th.e West right -of -way line tai C'emtral ane Southera rlarida Flood Control Canal 0 -17, a distance oa 2875.0 fee.; thenc:- North 10 33' 10" West a:crsag raid right- of -w&y lise a diettnce of 138 30 feet, more or lest, to a point in ch-e Song 1.1ne of West Lake Paris Roam; thence North 880 26' 50" ilcst along the said South tight -of -way line a distance of 84:1.97 .'"met, more or less, to the point of beginning, Containing 30.ti5 acres, more or lees, LESS the North 800 feet thereof. C mmonly known as the LESOWODER TRACY. ! tCEL FIVE Part of the East Half of Saw,tion 19, Township 42 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the Northeast corner of said Section 19; thence on a bearing, related to standard p3ane rectangular coordinate system for the East Zone of Florida, of South 10 19' 10" West, a distance of 5402.70 feet to the Southeast corner of said Section 19; thence North 870 21' 00" West, along the South line of said Section 19, a distance of 2675 feet to the Southwest corner of the Southeast Quarter of said Section 19; thence North J0 37' 40" East, along the Quarter Section line, a distance of 330.0E feet; thence South 880 27' 26" East, a distance of 18.41 feet; thence North 190 31' 50" East, along the easterly aright -of -way line of the Central and Southern Florida Flood Control District Canal C -17, a distance of 5013.79 feet; thence North 10 32' 20" East, continuing along the easterly right -of -way line of said C -17, a distance of 246.35 feet to a point in the North line of said Section 19; thence South 880 26' 50" East, alarg the North line of said Section 19, a distance of 1101.67 feet to the point of beginning. Excepting therefrom the right- of-way for State Road 809 (West Lake Park Road) as shown on the right- of -wey map for said road recorded in the Public Records of Palm Beach County, Florida, and also excepting therefrom the South 40 feet, measured at right angles, of said Section 19 as right -of -way for Silver Beach Road, LESS the North 800 feet of East 1030 feet of Section 19, Town- .... - snip 47 South, Ran" 43 last (less 8eeth 300 feet of North Oft feet of West 2W feat of East 1030 feet of Section 19), cooaaonly known as the [ NY DAIRY PROPERTY. UTILITIES LEASE AND FRANCHISE _ GREEMEiT17 THIS LEASE 1'GRE @;MENi made this 1st day of January, 1966. PARTIES: The parties to this ag;eeiai -nt are BAINKER.S LIFE AND CASUALTY COMPANY, an lili%cis corporatio,, c? ily licensed to do business in Florida, hereafter r:2-ferred t,_ as "BANKERS, " and CITY OF PALM BEACH GARDENS, a moniripal ,orporatinn org.inized and existing under the laws of Florida, hereafter referred to as "CITY," Wherever used herein, the terms "BANKERS" and "CITY" include the parties to this agree- ment, as well as their s,rces�n-s and assigns. CONSIDERATION: The consideration f, r this agre-nient shall be the mutual cove- 3, nants, rrpresema ioi, _, and wax cart_ -, of ±ne parties to this agreement, and 5 each of them, as well as the rent hereinafter reserved, STATEMENT OF FACTS: Since January 2, 1963, CITY has been leasing from BANKERS the water distribi,tion and sewage treatment plants, pipelines and mains, wells, lift stations and servicing facilities and equipment, together with the natural gas pipelines and inains, regulator stations, servicing facilities and equipment for the sale and distributian of natural gas tram the Florida Gas Transmission Company. D Both BANKERS and CITY are desirous of renewing this lease arrangement, and of providing BANKERS with the right to secure a franchise from CITY for the operation of the utilities system at the expira- tion of such a lease, upon the terms and conditions hereafter set forth: PROPERTY LEASED: BANKERS hereby agrees to lease to CITY, and CITY hereby agrees to rent from BANKERS, the following described property, to -wit: WATER AND SEWAGE UTILITY PLANT: 1. That certain water distribution and sewage disposal plant, together with tine 20, 58 a_re parce: of land on wh=ich the same is situated and described as follows: The westerly 1, 280. 80 feet of the easterly 1, 380, 80 feet of the northerly 700 feet of the southerly 1, 960 feet of Section 12, Township 42 South, Range 42 East, Palm Beach County, Florida, containing 20, 58 acres, mare or less; - 1 - V •ve i)T1'�'✓i`io A �o r «p4.. .... }it'H -„--, ... .++.k r.o.T.l +• r �+.•....+. ..�. rv., -. .. .1,. ` - _ v E I,, t "•`c • c,.. �l '. .. .. , -. l 'Y, :.1 E•.w - �t - .. ._.,i ,Jx `hie ,.i,ri;xtri Jam• 1.,. iw�` ;a, - f° „ , ,- }• � . t_'• _ ��r-,. .`rs ".:?:r t;.`; ago" Wai'm !At � At 2', �dav_ A --imu Q Woe C, I y N N E 4 S w s m) a n r t h o VAw t0jr--aay Demad m: I j, ant. k4 a, j-pLe baL- mmed by CM , "_O, V'pw A- PONIEW muo� " U, W a, 3A' 1 FE, 0 1 a , , K 0 04 r t .. ' ' ,_ r In to VA a h it 1 �' tMA WO, .._k wig E R5 :g^. � I , A, C "Q1 W-10 "Ovoce as cluxl•e pi �' fit the dWm,' _ 'Mtw 'on, P; Oni, ,,,dA,nnS To 02, RYPAIRV I ly inj, 9ANKE US e r,. iHe•r 0,6 1" Kom toe >r e in p r 07 *w .:n,t rq" r Q xi t t V�Pal r Am. in: hot Shad I I mtTed tz), t12e rp- __.j r !,, , -_, , c 4neri,anisr,s, w>o1g, an, r so,b re. QF7 sv, m0kv ds' Valh rep"M It Its -,n om A the ah.ic- ,E AL the mpiration of ton INUal p.i .,d of Me Warne, AM v! Rc ; "Ovwui P, % all baAd.rig,, ,quipnwnt, hineiv, a-m fac 4ne� , asnt 4,r"w r, t"conq any re- PQ-eme 0- son Ujuqu,us I to rrw p,C ." ­j tti, r k,,(, -n_-de b, 1 Y, shall 1) e ai, d r,.)T, ^- l't V ,! „3d n i3 A El IS LN S ui RA E '-IT arc a' -6 timOsi the IT'Ltlal Lc rr.a of this jpv, , and Qjxi-g any -enewn' p�mod, ahv, and keep alt buRdirg., equipmert, mia&xnery, -nd m thm­t An'murer' -L'a'nst i,,-,s Cr jairage niv U) fir c sno other in _i, aimuvt POL �m than their NO ins"rabb val.e aon wuv in umumm e w mpany to BANKEFR. MY Mewme ."rnaNs & vi greet W w3rry W, �vnqen- satinn inqi;rance and general liability insurance, with $100, 000/$300, 000 limits, and to -,equire wry anO all Nits oiNunractors 4, A lih•wiae. In eacil and aver; cab" C11 Y '- al:�l Lg4:, et- ,,, hold BANNERS harrniess front and any an'.! all 1aab titres, cloLz-ci xn.i dt-u-, inue is kited and nature v,1,atsomnK answg on � or - any vay 4ypenaining to CITY's rtlan a;z E- °t' .t!t ,i i - .'t' ma 3 u X 1 F•MO'`V 0 w ; ::., t �Z_ _.. d � �,. . Y - . r� .. r r '-i t' , t - _ e - • � . "v ' t' n� t'. _'2..r.' s a =W .. .,. "" Ira, am- -,r h tC IC'dhe, at t' , -r, r,� •.f'.. _i n' vC., I'_ - ..a � �. ?y .v y7° a.r•.T .a.Tti e a t 1 F. a c ;•y,1C, E eip::� aJt• -.X s _ ';aer-a t_jI T ,zr -i t, i ✓e !° a:iS xst: ., -10 0 _e HMO' rflY -dTC3v b 1? r. r.• w: : e, Wk eo' 'r., c: r.• L ,. ,i n - am and ab F' such w"CL t::imm of ,._,, on :;a rP n J K, i, WA,,_c'_ i7 , tt.,r'L gn_ S .q,alr ., .. .. , -7 ^, ,.. ri S.. _ s,._ r r ,vPc.irL .t .,,� y- •.1"i!`r e�" 'Affil _�.-,� , -. rx E _ `� „, . _. 1 . _ .ir' =.� f�,Y :C S, iJ °v ✓.e it C itr t rld at - , �! u r:. •r;;e ei•° :Lr' _ 02- ,t•. it$ .,A r %,C �.'.,,a'P 3;11 ie:,i.Ci•P.�'r �'t', , _.•iF ".y .ice "', Y'�c 10, m 'a'..-r .0 }ACA, ` oh 47" r'. A .. _i -1'y iC`,r.i';-Vw.nen s r•.. L W UC .. , , the ..- 3t -'Y✓3� .e t. e'9 i . +1 laa ea �r,s . . y _ 9. -• +....': � Win. i -t:: `�31rEi -i �J• i„ -rryt•.. t r i- aid Lpw 4 . c ,'° : \� ' - „4' 1' '\ _ •`a i Ye" e;tib't AN w ., p m .Trlr 1 ,r 7 'i. ...T"' —& " 0, -J" A , W._ir - r ugrcdFf enz, b, Ir a Y f�Ctr r1 CLr :ert_L -rns�,_ ,an:? . _ t _ n!hail nta,' does -00 Worr l !,,.i an L .z. .11 - e "r ._. `.11J "eta >: (•tf i?�f`Il �.. ' Jt r It !, -i..l ., -,a A. a- ''r e c >'!,'i'C' . .4 K, .�, L�. t. C1l.i _,'[3 1L, *.Flt' [• -rl ., yrlu i, ":i `.;,r t s i h an. _ L extm ewn -v wrcns—ms rti. dl r?aatre tht- e,, r . .,% [., S or t , .. a.b WOWS. 'M'e°j,a, :,..,rb,•_.c,F, id? S t�itleJ rFSy ill i'.crt.UVal g"S legL . O: 'WO", WJA'N11.iJRS e261• r. to Orrlissh arid CIx : agrees to accep t, any art? .aL nuti. moo. ne as are requireU to that vy d. ('t,) Ween a , . ,..`, • ..orysion -F° e to ^y,.. .r:t, 4rnpro` erraertt or imprC,r,°emer tc. ti:. .` -*.,f trt`_ -Y -„L: cr r,'r -,•t.tan of ajyctrit,utiozr mains or collewt. -n hat d, or anv .'1,diUe; - netal";,e>m rites than these specifiers ir, the precc,on subparr,e rich - 'I'l'?' th and asrees to . i - make, irnpose hncl assi-serncal— �ganik4 ar,d upo,-, the property owners -,, hose Pea) estate is 'btnefited thereby ilk mr- ir,.:inuer pro-Aded by Law. Such as.,,essineMs aliall b3 amorg tric propel -t? , wnera, based uoon not only the b>jt all—) ti,- t-ia� bars -r,t derived. In any case, the total axnount of such aS•eSSVePtS d `-ail be suff:clenr to finance the exten- sions of the utilities ystel as called for by thl` bubparagraph to the full extent permitted by law. Upon expiration of the .zAtial term of this lease, or any re- newal per!&e_ any ind all ext,,,isit)ns (whetntr constructed or erected in accordance with subpazagraph (1) ur sui;par.� gra-ph (2) above),v modifications, improvements and/or repairs, uToxi and ro the utilities 5ystem (water, sewage and natural gas) shall bee, me the property (-.f an+i belong to BANKERS. FRANCHISE: Whenever 1.1iis lease expire or is terminated, CITY, by ordinance shall grant to BANKERS, and B.A4KERS shall accept from CITY, 1, a franchise to operate the aloresoid utilities systen-, f,,r a term not longer than thirty (30) years. Said franchise shall provide for su,h utilities rates 11 as will provide a fair rate of return to BANNERS or. the replacement or reproduction value of said utilities, Said frin�_hise may be accepted by BANXER%S In its own Pame or in the name of its nominee. DEFAULT: If CITY rhaAl violate or default in arly Of 'he Loveriants, conditions, or agreements herein contained, and any such violation or default shall continue for a pvr,.od of fifteen ( 15) da7z, after BANKERS notifies C1 rY in writing of sac -h violation, ox default, then and in that event BANKERS shall have the option to declare this utilities lease agreement forfeit and at an end arid thE balance the lease term, whether initial or renewal, terminated, anA thereafter to re-enter the leased premises and to repossess thelleased p] AL-1t, l,inery, 3ond fazinties (including any extensions, modifications, improvements and/or repairs to any or all of same), with or without legal process, using such reasonable fr force as may be necessary to effect this purpose. However, any such violation or default by CITY shall in no case terminate the right to a franchise - 5 - COMM herein granted to BANKERS, irrespective of whether BANKERS enforces its rights with respect to such violatiwi or default as set forth above. CITY further covenants and agrees that, in addition to all other monies payable or to be paid hereunder, it will pay to BANKERS such additional sums as a (-,curt of competent Jurisdtetion may adjudge reasonable as attorney's fees and expenses in any suit or action institkited by BANKERS to enforce the pravisionv of this agreement, or any of them, TERMINATION. Anything to the contrary herein notwithstanding, either CITY or BANKERS may terminate the ?ease herein provided prior to the expira- tion of the initial term (er the renewal period, if any) by giving the other party written notice of such termination not less than sixty (160) days prior to the date said termination is to become effective, however, from and after the date said terrninatian is to become effective, CITY shall expect BANKERS to operate said utilities plant under the franchise herein provided and BANKERS, on its part, shall be entitled to receive such a franchise from CITY. ASSIGNMENT: CITY covenants and agrees that it will not sell, assign, or otherwise diepose of this utilities lease agreement in any manner what- soever without the prior written consent of BANKERS, and that any attempt on the part of the CITY to do so shall be a breach and violation of this agreement, entitling BANKERS to declare this lease forfeit in the sane manner as set forth above, WAIVER: Nothing stated herein shall deny BANYJ-RS the right to waive any violation or breach of the covenants, conditions or agreements herein contained. But any such waiver or waivers of any such violation or breach shall not Le construed as a waiver of any subsequent violation or breacb; r_or stall the coeisent or approval of BANKERS to any act of CITY require BANKERS' consent or approval to any subsequent similar act by CITY. e - 6 - ('-:'i ­T' NY -f, '717� -"