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-