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� -"