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73-GGGRESOLUTION NO. 73-GGG A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING SECOND AMENDMENT TO AGREEMENT WITH DREXEL PROPERTIES, INC., AND ASSIGNS AND APPROVING PLANS AND SPECIFICATIONS FOR EXTENSION OF ~TER AND SEWER TRANSMISSION FACILITIES TO DREXEL PROPERTIES s INC., AND ASSIGNS. WHEREAS.~ the City of Boynton Beach.~ Floridat and Drexel Properties, Inc.~ have heretofore entered into ~lan Agreement dated August 1, 1972~ which Agreement was thereafter amended, and which Agreement, as amended, provides for the extension of said City's water and sewer transmissiOn facilities for servicing of lands owned by Drexel Properties, Inc.~, and its assigns; and WHEREAS, Drexel Properties~ Inc., and its Assignees Cedar Point~ Inc., have submitted their proposed Second Amendment to said Agreement~ providing for payment by them and their assigns of fire hydrant charges imposed from time to time by said City~ together with provisions for Drexel Properties, Inc.¢ Cedar Point, Inc.~ and their assigns to provide for the installation of a third pump~ a copy of which proposed Second Amendment to said Agreement is attached hereto; and WHEREAS¢ plans and specifications for said extension of transmission facilities have been submitted to said City for approval as provided in said Agreement~ which plans and specifica- tions are now on file in the Central File of the office of the City Clerk of the City of Boynton Beach and identified as Russel & Axon Consulting Engineers File Number 6858-1¢ as revised~ and en~ titled "Water and Sewer - Drexel Properties"; and WHEREAS, the City Engineer has reviewed said plans and specifications and has approved them without modification; NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE 2ITY OF BOYNTON BEACHs FLORIDA: Section 1: That the said Second Amendment to Agreement~ copy of which is attached hereto and hereby approved, and that the Mayor, or in the absence of the Mayor the Vice Mayor, and the City Clerk are authorized to ac~ for the City in entering into and executing the said Second Amendment to the Agreement. Section 2: That the said plans and specifications for the extension of the City's water and sewer transmission facilities, as described hereinabove, are hereby approved. PASSED AND ADOPTED this 2nd day of October~ A. D., 1973. CITY OF BOYNTON BEACH, FLORIDA Mayor - -TVice' Mayor Councilman ATTEST: City Clerk Counc ilma n Councilman - 2 - SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, THEREIN REFERRED TO AS "CITY" AND DREXEL PROPERTIES, INC., THEREIN REFERRED TO AS ,'DEVELOPER" DATED 'THE 1ST DAY' OF AUGUST', 1'972'. THIS ADDENDUM, made and entered into this day of ' ' , 1973, by, between and among the CITY OF BOYNTON BEACH, Palm Beach County, State of Florida, herein- after referred to as "City, DREXEL PROPERTIES, INC., her. ein- after referred to as "Developer" and CEDAR POINT, INC., here- inafter referred to as "Assignee". WITNESSETH :~ WHEREAS, Developer and City on the 1st day of August, 1972 entered into 'the Agreement identified in~ the caption of this Addendum and, subsequently, corrected a scrivener's error therein by an Acknowledgment thereto executeR on the 16th day of January, 1973 and, further, amended such Agreement by Ad- dendum thereto, which Addendum was entered into on the day of ........ , 1973; all of such instruments being hereinafter referred to as the "Agreement", and. WHEREAS, Developer did, on the day of 1973 by written instrument of Assignment, assign to Assignee an interest in the Agreement to the extent of 1,600 connections, which Assignment was approved by the City pursuant to its en- dorsement of the said Assignment, and WHEREAS, the City, the Developer and the Assignee desire to further amend the Agreement according to the terms and pro- visions hereinafter set forth. NOW, THEREFORE, for and in consideration of TEN DOLLARS ($I0.00) and other good and valuable considerations exchanged between and among the parties, the respective receipt by each being hereby acknowledged,~the parties do further hereby amend the~greement in the following particulars: 1. The provisions of the Agreement are hereby expanded to include the following two paragraphs' (A) Developer and Assignee, for themselves and their assigns, do hereby agree to bear and sustain any and all fire hydrant charges imposed from time to time by_ the City for fire hydrants being served by the Potable Water System con- structed pursuant to the terms of the Agreement.. Such charges shall be paid no later than the 1st day of the month next succeeding the issuance of a statement by the City reflecting such charges. Notwithstanding the primary liability of the Developer and the Assignee, and their assigns, for fire hydrant charges, nevertheless, it is acknowledged by the parties that the Developer has established a Florida corporation, not for profit, namely: Country Ciub Trail Maintenance Association, Inc. (the "Association") which, pursuant to the requirements of the Palm Beach County Planned Unit Development Ordinance, will be used for operation and maintenance of the. common areas within the perimetrical boundaries of the~ lands described in the Agreement (the "Property"). The function of the Association will be to prorate expenses for the maintenance, repair and replacement, including fire hydrant charges, of facilities serving common areas for the benefit of all persons .having ownership in or .residing on the Property according to their percentage participation in the Association. Therefore, even though the Developer, the Assignee, and their assigns, will remain continually responsible for the undertaking herein set forth in connection with fire hydrant charges, nevertheless, the parties agree that such obligation may be assigned to the Association, when the Association becomes operational, without -2- relieving the Developer, the Assignee and ~heir assigns, from primary responsibility. (B) The Developer, the Assignee and their assigns, hereby acknowledge that the lift station facility to be installed in connection with the construction of sewer transmission lines will only initially provide two (2) pumps, whereas, it is anticipated that waste water gallonage volume will require the installation of a third pump in order to achieve an operational capacity sufficient to handle 7,000 dwelling unit connections. The Developer, the Assignee and their assigns therefore ack- nowledge that discretionary authority shall be vested in the Engineering Department of the-City to determine at what point the existing pumps are inadequate and the third pump is neces- sary; which determination shall be conclusive. Therefore, the Developer, the Assignee a~d their assigns, do hereby agree to install the third pump when directed by the Engineering Depart- ment of'the City according to- the design capacity recommended by the City's Engineering Department and to bear and sustain all costs and expenses in connection t~erewith. The parties agree that the obligation to install a thirdpu~p may be assigned .to the Association,when the-Association becomes operational, withqut relieving the Developer, the Assignee and their assigJs from primary responsibility. 2. In the event the Developer, the Assignee or their assigns, fail, neglect or refuse to perform the undertakings set forth in Paragraphs A and B above,then and in such event, all'right and entitlement for further water and sewer connections shall be immediately suspended and no further connections shall be permitted under the Agreement until Such time as the under- takings hereinabove set forth have been fully complied with. In the event the Association is not operational to effect the proration of the responsibilities hereinabove set fort~ in this Addendum, then as between the Developer, the Assignee, and their assigns, each shall he. responsible hereunder (including subsequent assigns) to the extent of the percentage benefit in water and sewer connections vested in the Developer, the Assignee, and their assigns, under the Agreement, at the time the respective obligations under this Addendum accrue and are payable. Any further assignee(s) of interests, under the Agreement, shall immediately upon excepting an assignment be deemed to have undertaken a proportionate share, to the extent of their percent- age benefit in water and sewer connections, under the Agreement, of the obligations set forth in this Addendum just as fully and completely as if they ~ere signatory thereto in the first instance. The parties do hereby ratify and confirm each, all and every of the terms and provisions Of the ~greement as herein modified by this Addendum. IN WITNBSS WHERgOF, the.City has caused these presents to be executed in its name by its Mayor, and attested and its. official seal to be hereunto affixed by its Clerk, and the Developer has caused these presents to be executed in its name, the day and year above written. ~ ' ' ' In the presence of: CITY OF BOYNTON BEACH, FLORIDA By: Mayor As to City In the presence of: As to Developer Approved as to form: City Clerk (Corporate Seat) DRBXBL PROPBRTIBS, INC. By: President Secretary (Corporate Seal) C'ity Manager City Attorney in the presence of:~_ As to Assignee CEDAR POINT,-INC. By: president Secretary (Corporate seal) -S-