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HomeMy WebLinkAboutMinutes Council 021060CITY OF PAW BEACH r.ARIENS SPECIAL MEETING OF CITY COUNCIL Special meeting was held at 800 - loth Street, Lake Park, Florida 'Wednesday, February 10th, 1960, at 2.30 FM. The meeting was called to order by the Mayor. The Clerk declared a quorum to be present. ANNEXATION OF BILLS- GOOLSBY TRACT: The Clerk stated that special order of busi- ness upon the agenda was the ordinance to annex the Bills- Goolsby tract to the City, of Palm Beach Gardens. The ordinance was read a second and third time; and upon unanimous vote, was adopted. C -17 CANAL; EAST BERM: The Mayor reported the substance of a meeting between representatives of the Central and Southern Florida Flood Control District, and John MacArthur, Norman D. Rowland and Herbert B. Thompson, representing respectively Bankers Life and Casualty Company, Florida Construction Company, and the City of Palm Beach Gardens, held in the Flood Control District office on January 27, 1960. In substance, the Mayor reported the Flood Control District agreed that beautification of the east berm of the C -17 canal would be permitted, apparently, if the City of Palm Beach Gardens would agree to maintain the slope, see that excess spoil was removed, and guarantee that the slope would be sprigged, and so forth, in much the same fashion as the west berm of the C -17 Canal. The following resolution was thereupon voted unanimously by the council members present. RESOLUTION: WIMEEAS the Central and Southern Florida Flood Control District requires, as a requisite to permitting the grading and beautification of the east berm of C -17 Canal on the stretch start- ing immediately north of Lake Park Nest Road, and thence running north- ward and eastward a distance of approximately 2,000 feet, on the land contiguous to the Bills- Goolsby tract just annex to City of Palm Beach Gardens, and WHEREAS the City of Palm Beach Gardens by its duly constituted City Councilmen accedes to the conditions imposed by the said Flood Control District, THE?EFOP,E BE IT RESOLVED the City of Palm Beach Gardens undertakes the perpetual maintenance of said berm, and the sprigging and excess spoil removal hereinbefore referred to, and accepts responsibility for J the continued maintenance of said berm. Thereupon the meeting adjourned. City Clerk CITY OF CITY CO The City of P holding o 800 - Ten and rati.f attached. T)ATE : BEACH GARIENS WAIVER OF NOTICE AND RATIFICATION OF MINUTES dersigned, being a member of the City Council of the M IEACH G,ARIENS, does hereby waive notice of the the meeting of said City Council, held at 3:30 PM, Street, Lake Park, Fla. on February 10th, 1960; s the minutes thereof, to which this waiver is 1 U (MTT or .A aTr COUR MACE GUMM the rbreigned, being a member of the City Council. Of the city of F BuM LIMNS* does hereby waive notice of the holding 4 the meeting of ss4.d City Coil, }sold at 3 +30 P9, 800 - Tens 5t"et,, L is Park, Fla* an Febroarr nth, 1.960E Brad r+etlf' es the minutes thereof, to which this waiver is attached. a, v AGREEMENT FOR DEED PARTIES: The Parties to this Agreement are: `, (1) BANKERS LIFE AND CASUALTY COMPANY, an Illinois Corporation, duly admitted to do business in the State of Florida, having its principal office at 10001 Lawrence Avenue, Chicago, Ill.; and having a Florida office at i0 t lark Avenue, Lake Park, hereinafter called "BANKERS "; and (2) The City of PALM BEACH GARDENS, a municipal corporation, created by Act 59 -1707 of the Florida State Legislature; and having its temporary address at 800 - 10th Street, Lake Park, Florida, hereinafter called the +tCITY't GENERAL PURPOSES: HANKERS owns all or substantially all of the land constituting the corporate area of the City of PALM BEACH GARDENS; and also owns, or controls, substantial tracts of land adjacent thereto. BANKERS has sold certain land adjacent to the CITY, and expects to sell other land in connection with which the purchasers desire assurance that they will be provided with potable water, and adequate sewage disposal. BANKERS, and certain allied interests, have, in certain instances, given assurance that such facilities would be available. BANKERS has under construction and nearing completion, a water treatment and sewage disposal plant. Certain purchasers from BANKERS of land have defrayed or agreed to defray, by grants -in -aid, portions of the cost of these plants and of the trunk distribution systems and facilities. BANKERS desires to sell to the CITY the sewage disposal and water treat- ment plant above referred to, together with the trunk distribution system pertaining thereto; at its net book value; and to have the City take over BANKERS$ obligations to provide sewage and water service as aforesaid. PROPERTY CONVEYED: BANKERS agrees to sell, and the CITY agrees to buy: (1) That certain 30 acres of land (more or less) located in the southeast quarter of Section 12, Township 42 South, Range 42 East, viz., the westerly 1,306.80 feet of the easterly 1,406.80 feet of the northerly 1,000 feet of the southerly 1.960 feet of said section, (2) The water treatment and sewage disposal plants located thereon, together with all the property, real or personal, pertaining thereto. (3) The wells, transmission mains, lift stations and other facilities per - taining thereto within or outside the limits of said city, and/or any interests therein or easements pertaining thereto owned by said BANKERS. CONS11ERATIONS; PRICE,;_ TEM: The price shall be BANKERS' outlay, estimated at 450,000; but allowing to the CITY credit for grants -in -aid which BANKERS has received or shall receive from persons to whom BAWRS shall have sold or shall sell land to be se r-Aced by said system. The net cost, as above described, to be paid by the CITY, shall be adjusted to accord with an audit of the books and accounts of BANKERS and /or Florida Construction Company as of April 30, 1960, and shall not exceed 75% of the total replacement value of said system. Subject to the rights of stay later herein specified, the CITY agrees to pay BANKERS for the above - described plants and system in twenty (20) equal installments falling due January 1st, 1962, and annually on the 1st of January for the succeeding 19 years. The CITY agrees to pay interest on the unpaid balance semiannually at the rate of 41,% per annum; said semi - annual payments coming due on the lst day of January and the 1st day of July of each ,year, said interest to commence running from June 302 1960. F1 wg' agreement for _. spankers /City _KOR.ATORIUM: The parties agree however, that neither the operations of the CITY Forts operations of these plants are likely to be self - sustaining until the population of the CITY amounts to 2,000 people, and the connections to the plants shall be 1,500 or more. It is therefore agreed that the due �.i dates may be deferred until the above - described population level and number of connections (including connections outside the corporate limits of the CITY) have been reached; but that such balances (but not with interest upon interest) shall become due together with the final installment for retirement of the balance upon this obligation. GRANTS -IN -AID: the CITY agrees that it will not extend sewage disposal or water ervice to any territory without charging grant -in -aid of at least x•1,000 per acre until this obligation to pay for this system, and any other debts upon the plants, shall have been satisfied. The CITY also agrees that as long as this obligation shall be outstanding, the proceeds of any such grants - in -aid shall be applied first to defray the cost of any trunk or transmission lines required of it for each specific grant -in -aid; after which one -half of the balance of any such grant -in -aid shall be used to reduce or retire this obligation toIBANKERS; and the remainder shall be set up as a reserve to defray operating losses, and to establish an obsolescence reserve for modernization and /or major upkeep or replacement of the above - described plants and distribution system. BANKERP agrees that where and when it shah. sell real estate susceptible of service four sewage and water by the CITY, the conveyance shall stipulate that the purchaser shall secure such service from the CITY; and .shall require the said purchasers to make grants -in -aid, as above set forth, or may collect said grants- in -aidll ;together with its collection of the sale price of said land; and in such case shall retain one -half of said grants -in -aid to apply against the CITY'S obligation for the purchase of said plants, and shall fonTard a balance of said grant -in -aid to the CITY to be used for the purposes hereinbefore set forth. BANKE�S agrees that the obligation to pay grants -in -aid for sewer and water is a reasonable and equitable charge upon the land; and BANK'eF:RS agrees that it will to its best offices to secure such grants -in -aid until the cost of the plant and distribution system has been defrayed, and until reasonable reserves havel, been set up as protection against initial loss in operation, and for obsolescence and replacement. AIMNDMENTS: This Agreement shall be subject to ratification of the City Council of the City of PALM BEACH GARDENS. It may be amended by agreement of the parties, evidenced by a writing, signed in the same fashion as this document. FORI�,CLOSURE : Th to entitled to p cerning forec have such pla its interest .,, a, +- NARGITIAL CAPTION the general t parties agree that should the City default in its obligations pay principal or interest as herein required, BANKERS shall be -oceed in foreclosure as provided in the Florida Statutes con - .osure of mortgages in equity, or may, at its option, elect to its operated by a trustee appointed by court order to protect mtil said default shall be remedied. °•,*_ — _ _?° _n =' ^-^ ^I ­11 r„ - -4 — d fnr 1r) naa ra frnm 4-1— A,4-- I,e,.d A +1, The marginal captions in this contract are for covenience only; and neither modify, limit nor extend the meanings of IN WI IESS WHEREOF, the parties hereunto set their hands and seals at Lake Park, :Florida, this 10th day of Feb. A.D. 1960. ?,ITNBSS: C. T. Secretary ilk ATTEST: /s/ NORMAN D ROWLA0 Norman D. Roland, City Clerk BANKERS LIFE AND CASUALTY COMPANY /s/ JOHN MAC ARTHUR President The City of PALM REACH GARDENS /s/ HLRPERT B. THOMPSON HERT3L;RT B. THdLPSON,' Mayor -2- F q - _ Agreement fox Deed Bankers/City STATE OF COUNTY OF e, /r be the indiv CASUALTY COM before me th, respectively instrument i. to said inst: inatrwrent i VITNE! STATE OF COUNTY OF me well)Lnow executed the executed sai v,¢ .r rz IDA } ) M BEACH ) me personally appeared and to 16e well known, and known to me to d described in and who executed the foregoing instrument as nt and Secretary of the above named BANMRS LIM, AND ANY, an Illinois Corporation, and severally acknowledged to and t they executed such instrument as such President and Secretary, of said corporation, and that the seal affixed to the foregoing the corporate seal of said corporation and that it was affixed ument by due and regular corporate authority, and tha said the free act and deed of said corporation. S my hand and official seal, this day of , A t /c.Q11/t- Notary Public My commission expires: Notary Public, State fit Florida at I.aro My commission expires Sept. 7, 1963 Bonded by Mass. Bonding & insurance Co. DA } I BEACH me personally appeared of d AVL l�f to and known to me to be the person t�Iscribed in and who oregoing instrument and acknowledged to and before me that he instrument in the capacity and for the purpose therein expressed. my hand and official seal, this /o ; day of A. D. 19 6;2) . Notary Public My commission expires: Notary Public. State df Florida of Large My commission expires Sept. 7, 1963 Bonded by Mass. Banding & insurance Co. Agreement ft,~ Bankers /City 11 I MORATORIUM: The parties agree however, that neither the operations of the CITY no the operations of these plants are lilmly to be self - sustaining until the population of the CITY amounts to 2,000 people, and the connections to the plants shall be 1,500 or more. It is therefore agreed that the due dates may be deferred until the above- described population level and number of connections (including connections outside the corporate limits of the CITY) have ben reached; but that such balances (but not with interest upon interest) sh ll become due together with the final installment for retirement of the balance upon this obligation. GRANTS -IN -AID: The CITY agrees that it will not extend sewage disposal or water service to any territory without charging grant -in -aid of at least $1,000 er acre until this obligation to pay for this system, and any other debts upon tH plants, shall have been satisfied. The CITY also agrees that as long as thislobligation shall be outstanding, the proceeds of any such grants - in -aid shall ibe applied first to defray the cost of any trunk or transmission lines required of it for each specific grant -in -aid; after which one -half of the balance of any such grant -in -aid shall be used to reduce or retire this obligation tc BANKERS; and the remainder shall be set up as a reserve to defray operating losses, and to establish an obsolescence reserve for modernization, and /or major upkeep or replacement of the above- described plants and distribution system. BANKS agrees that where and when it shall sell real estate susceptible of service f r sewage and water by the CITY, the conveyance shall stipulate that the purchase s shall secure such service from the CITY; and shall 76%kri -Te the said purchaseJlrs to make grants -in -aid, as above set forth, or may collect said L- grants- in -ai, together with its collection of the sale price of said land; and L in such case shall retain one -half of said grants -in -aid to apply against the CITY'S obligation for the purchase of said plants, and shall forward a balance of said grants-in-aid to the CITY to be used for the purposes hereinbeiore set forth. BANKEIG agrees that the obligation to pay grants -in -aid for sewer and water is a reasonable and equitable charge upon the land; and BANKERS agrees that it will use its best offices to secure such grants -in -aid until the cost of the plant and distribution system has been defrayed, and until reasonable reserves have been set up as protection against initial loss in operation, and for, obsolescence and replacement. AMENEMENTS: This Agreement shall be subject to ratification of the City Council of he City of PALM BEACH GAREENS. It may be amended by agreement of the par-tie ,evidenced by a writing, signed in the same fashion as this document. FORECLOSURE: The parties agree that should the City default in its obligations tol pay principal or interest as herein required, BANKERS shall be entitled tooceed in foreclosure as provided in the Florida Statutes con- cerning foreclosure of mortgages in equity, or may, at its option, elect to have such plants operated by a trustee appointed by court order to protect its interest until said default shall be remedied. MARGINAL CAPTIONS: The marginal captions in this contract are for convenience r�-� --r only; and neither modify, limit nor extend the meanings ^9S the general t xt. IN WI WHEREOF, the parties hereunto set their hands and sel3u. at Lake Park,i Florida, this 16 (* day of ''c 0. A.D. 1960. AGREEMENT TO FURNISH WATER AND SEWAGE SERVICE PARr1ES: The parties to this agreement are Keating Palm Beach Properties, Inc. hereinafter described as: "Keating" and The City of Palm teach Gardens hereinafter called: "City" (Wherever used herein, the terms "Keating" and "City" shall be deemed to Include not only the parties to this instrument but also their legal repre- sentatives, assigns, and successors. Wherever used the singular number shall also include the plural and the plural the singular, and the use of any gender shall be deemed applicable to all genders). GENERAL CIRCUMSTANCES AND PURPOSES: As a condition to the purchase by Keating from Bankers Life and Casualty Company, an Illinois Corporation, of certain land located in the east half of SEC. 13, Township '42 South, Range 42 East, Palm Beach County, Florida, more particularly described in Exhibit "A" attached hereto, the Seller agreed to furnish or caused to be furnished, sewage and water service to the border of the described property, and also to purchase or cause to be purchased, the mains, pipes, and other normal equipment of the distribution system, or systems, which Keating might install for the retail distribution of said water and collection of said sewage. Bankers Life and Casualty Company have now sold to the City of Palm Beach Gardens, the water treatment and sewage disposal plants and trunk connecting mains leading to the Keating tract, which plants will henceforth be operated by or on behalf of said City. Bankers has agreed to pay or credit to the City, grants -ins -aid for the cost and maintenance of said plants, and to defray the operating deficits which will arise until the minimum number of connections to support the plants (estimated at 1500 connections) are available. -1- . /'Mw Banlo rs guarantees the continued operation of the said plants for a period of thirty 30) years. The Cit ,under the terms of its corporate charter, agrees that water and sew- age servicB in normal amounts will be made available and continued for the benefit of purchasers and occupants of land within the territory described in Exhibit "All for the said period of thirty (30) years, at the rates and charges hereinafter set forth: RATES AND CHARMS: (A) Water rates - residential use: 0 0 5,000 gallons $2.50 (minimum monthly charge) 1 5, 1 gals. to 50,000 gals. $ .40 per 1,000 gals. � (� ( 50,001 n 111001000 n .35 n Exc ss over 100,000 gals. .30 p . J (B) Meter connection charges - 5 /8ths -inch meter . . . . $40.00 3/4ths -inch n . . . . . 60.00 1 -inch meter . . . . . 80000 Over 1 -inch meter . (by arrangement) Sewer rates: The sewer rate is a function of the Water rate. Less than 5,000 gallons water used per month $2.50 (minimum month- ly charge) r 5,000 gallons per month . . . additional 50¢ charge Ea ,,h additional toilet or bathroom in excess of two (2) . . . . . 50¢ per month Su charge for disposail . . . . . 50¢ per month Advance D3posit required: 5 /8ths -inch meter . $10.00 3Aths -inch meter . . . . 15.00 1 -inch meter ... 20.00 f o: Over 1 -inch meter . .(by arrangement) ,vial users: Water and sewage service will be provided to commercial users at rates arrived at by Ividu,al contract, but in harmony with a schedule above set nth for residential users. - 2 - HATE F7EVIS ON: The above rates are guaranteed for a period of three (3) years. At the and of that time the rates shall be subject to amendment upon equitable terms so as to provide an income which would be sufficient, were there 1500 connections to the system,to yield an amount sufficient to operate the plant to provide 5% interest on the cost thereof;) and to set up a reasonable resei=vc for depreciation and obsoles- cence of the plants and the system, based on an assumption of fifteen (15) years' obsolescence for the plant and thirty (30) years' obsolescence for the system, based on certified audits of original outlays and operations to date, PURCHASE OF RETAIL EIISTIZIBUTION SYSTEM: The City assumes the liability of Bankers, the purchase from Keating, the water and sewer lines and facilities within the tract described in Exhibit 'fA ", at Keating's costs, by paying to Keating an amount equal to 50% of the gross revenues obtained from the use of said water and sewage facilities, until the Keatings have been reimbursed in full. EXCLUSIVE LICENSE., Keating agrees, in wholesaling or retailing the property described in Exhibit "At', to execute or require a covenant binding each and every property purchaser to use the water and sewage service furnished by the City, and no other; with the sole proviso that residen shall be entitled to drill wells not exceeding 30 feet in depth and 12" in diasater to provide water for sprinkling and /or irrigating resident al lawns, plantings, shrubbery and trees. SINKING FU The City agrees to accumulate out of grants -in -aid and current income in excess of operating cost, annually; (A) 3-l/3% of its original total cost to be applied to reduction of any bond- ed indebtedness until such indebtedness shall be extinguished. (B) 6 -2 of the cost of its sewage disposal and water treatment plants until a reserve equal to the original cost of these plants shall have been accumulated. (C) An ount equal to 3-113% of the original —st of &I-1 distribution line as a reserve for replacement and redesigning necessitated by dep ciation and obsolescence. - 3 - (D) The maj or AMNUMENT A be ampl and the nature of pare hereon, which m parties sewage c onvev ment pl certain ing the the sal ties, w ance of moneys in reserves (B) and (C) above may be utilized for it repairs and replacements, but not for ordinary operating iaintenance purposes. SD BEFINEMENT: The parties agree that this memo sets forth their respective undertakings in general form. It may 'ied,,.particularized and modified by agreement between the parties successors in interest; but that it partakes of the general ' an agreement running with the land; and that the purchasers Ls of land in the area described in Exhibit "Af? who have relied shall have acquired vested rights to the services described r not be curtailed or extinguished by subsequent acts of the le re to. 3N: The City acknowledges that its assumption of the obligation of Bankers Life and Casualty Company to provide water and :rvice to the Keating tract, is part of the consideration for the :e to said City by Bankers of the sewage disposal and water treat - zts. The City acknowledges that it has received and will receive ;rants -in -aid to assist it in paying for the plants and conti.nu- operation. .g agrees that setting of reasonable rules and regulations for of its properties, which will assure maximum use of the facili- and is part of its undertaking, in order to secure the continu- ater and sewage service for the subject property. HEFEUNTO the parties have set their hands and seals at the places and on the dates appearing below their respective signatures. Attest: Dated; STATE OF COUNTY C Befor and S. me to be KEATING PALK BEACH PRO��ES INC. Vice- Pres. Assistant Secretary (SEAL)' April 15. 19 60. FLORLDA ) pp ) SS each ) - -- - me personally appeared John K. Brennan S. Brennan , to me well known, and known to the individuals described in and who executed the foregoing e- instrume t as Vice - President and Assistant Secretary of the above named KEATING PALM BEACH PROPERTIES,INC. , a Corporation, and severally acknowledged to and before rae that they executed such Vice Asst. instrument as such/President and / Secretary, respectively, of said corporation, and that the seal affixed to the foregoing instrument is the corpora.te seal of said corporation and that it was affixed to said instrumnt by due and regular corporate authority, and that said instrument is the -free act and deed 4bf said corporation. 4JTTNE S my hand and official seal, this 15th day of April > A.D. 19 60 "7 - Notary 1i.t,'�/ - Nay comission expires: Notary PO State of Flofida at Large,"' ____ My Com ssion Expires Feb. 12, 1961 - - Bonded by American Surety Co. of N, Y._ City O P .BED\ r ' 11W I.LI f / BY: Attu. t: HER B.- THOA\jSjY, I�yor'' City Clerk Dated: 19 STATE OT FLORID,& ) } ss COUNTY CF ) Before me personally appeared HERHERT B. THOMPSON as Mayor to me well known and known to me to be the person described in and who executed the foregoing instrument and acknowledged to and before ire that he executed said instrument in the capacity and for the pur- pose therein expressed. LL// WITNESS my hand and official seal, this day of A.D. .' Notary Public My comiss ion expires•,t„�, � Expires Sept 7, 1863 bonded by Mass. Bonding & Insurance Co. o era (end) m THAT ce ship 42 ly desc parcel of land located in the east half of Section 13, Town- L, 'Mange 42 East, Palm Beach County Florida, more particular - as: The Northeast Quarter and the Southeast Quarter of said Section 13, less the following described parcels of land: (1) The best 991.36 feet of the South 430 feet of said Northeast Quarter; (2) the West 350 feet of the South 350 feet of said Southeast QaartAri; (3) The East 200 feet of the South 550 feet of the West three - quarters of said Southeast Quarter; (4) the West 100 feet of the South 550 feet of the East one - quarter of said Southeast Quarter; (5 ) the right -of -way for Military Trail (State Road No. 809) over the West 50 feet of said Northeast Quarter and Southeast Quarter; (6 the right -of -way for Fake Park West Road over the South 50 feet of said Southeast Quarter; (7 ) the easterly 150 feet of the aforesaid Section 13. SUBJECT T0: An easement 100 feet in width over the North 100 feet of the South 430 feet of the Northeast quarter of said section 13. --_- w- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EXHIBIT " A "