05-13-71SpMtg MAY 13, 1971.
A Special Meeting of the City Council of the City of Delray Beach,
Florida, was held in the Council Chambers at 7:00 P.M., Thursday, May
13, 1971, with Mayor J. L. Saunders in the Chair, City Manager J. Eldon
Mariott, City Attorney G. Robert Fellows and Council Members Grace S.
Martin, James H. Scheifley, Leon M. Weekes and 0- F. Youngblood being
present.
The Lord's.. Prayer was repeated in unison.
The Pledge of Allegiance to the Flag of the United States of
America was given.
Mayor Saunders called the meet. lng to order and announced that same
had been called for the purpose of considering approval of an Agreement
with High Point of Delray Builders, Inc., and Bati-Fleming Development
Corp., with respect to water and sewer service and fo'r any other business
that may come before the meeting.
The City Manager informed Council that the Agreements with HIGH
POINT OF DELRAY BUILDERS, INC., and BATI-FLEMING DEVELOPMENT CORP.,
have both been signed by those Corporations and are presented for
Council consideration.
He pointed out that there had been an amendment to Section 5.a. of
the High Poiht Agreement by the addition of "..., and subject to receipt
of money from Bati-Fleming Development Corp., in accordance with a
similar agreement.", which amendment had been made after the Agreement
had been signed by Mr. Tate; futher, that Mr. Tate would have to give
his approval to same before the Agreement is signed by the City.
Mr. Robert Kinkead, representing the High Point Developers, said
that he sees no reason this would not be agreeable.
Concerning the Agreement with Bati-Fleming Development Corp., the
Ci.ty Manager reported there had been several a~nendments made prior to
said Agreement being signed by Mr. Roger Zone. He explained the changes
that had been made in the following listed sections of said Agreement,
Section 3.e.; 3.f.; 4.a. and 5.a.
Following discussion, Mr. Weekes moved to approve the Water and
Sewer Agreement with High Point of Delray Builders, Inc., as amended,
the motion being seconded by Mrs. Martin and unanimously carried.
(Copy of Agreement with High Point is attached to the official copy of
these minutes.) See pages 7'7-A-D.
The amended Agreement with Bari-Fleming DeveloPment Corp., as ex-
plained by the City Manager, was unanimously approved on motion by Mr.
Scheifley and seconded by Mr. Youngblood. (Copy of Agreement with Bati-
Fleming is attached to the official copy of these minutes.) See pages 77-E-G
The City Manager presented an Audit .Agreement from Himes & Himes,
City Auditors, pertaining to the two yearly periods beginning October
1, 1970, and ending September 30, 1972, and reported that the auditors
fees, per year, have been increased from $6,800 to $7,600.
Following a recoramendation by the City Manager that this Audit
Agreement covering a two-year period be approved,, said approval was
unanimouSly granted on motion by Mrs. Martin and seconded by Mr.
Youngblood.
Regarding '~uthorization to advertise for bids for water and .sewer
service covered by the .Agreements with High Point of Delray Builders,
Inc., and Bari-Fleming Development Corp., approved earlier in the meet-
ing, said authorization was unanimously granted on motion by Mr.
Youngblood and seconded by Mrs. Martin. The meeting adjourned at 7:34 P.M.
HALL!E E. YA-.ES
APPROVED: City Clerk
/S/ GRACE. S. MARTIN
77-A
AGR.}3EM. ENT
1. PARTIES. The parties to this Agreement are:
.. a. CITY OF DELRA¥ BEACH, a municipal corporation of
Palm Beach County, Florida, hereinafter called the City; and
b. HIGH POINT OF DELRAY BUILDERS, INC., a Florida
corporation, hereinafter called Corporation.
2; PURPOSE. In consideration of this agreement, the City agrees to
extend its sewer and water tran~mlssion main system in accordance with the
master plan of providing sewer and water service to its inhabitants to service
the area described as "High Point of Delray". The Corporation agrees to
advance to the City the cost of constructing said sewer and water transmission
main extension upon the terms and conditions set forth in this agreement.
3. COVENANTS OF THE CITY. The City covenants and agrees to
perform the followin~ within the' times provided:
a. City and Corporation have approved plans and specifications
for the subject construction by Russell & Axon, being their project No.
6469-3/8e.
b. City shall execute a contract for the subject system at a
contract price in accordance with the plans and specifications described in
Paragraph 3 a, subject to the Corporation's payment per P'aragraph 4 a.
c. City shall proceed with due diligence in the construction of
the project, and when the construction is complete, the City will certify the
system for use within the service area.
d. City agrees to prepare,· annually, an accurate record of ·
bona fide consumers whose property abuts, and whose service lines have
become directly attached to the sewer ~ystem extension installed hereunder
during the preceding year.
e. The City shall repay the Corporation the full amount
($210,025) loaned to the C?y by Corporation for the construction .of water
and sewerage facilities, such repayment funds to be made annually from the
following sources and no other: 50% of' water and sewer, service revenue paid
77-B
to the Cityb>:the Corporation water and sewer users; 1.00% of the sewer
connection fees collected by the City for the Corporation sewer connections
pursuant to Section 27-28.1 of the City's Code of Ordinances; 68,722 of the
190,232
funds paid to the City prior to April 1, 1375 byDelray Shores, Sudan, Bree~,~
Ridge or other developments of a similar size, excluding Bait-Service, for
the privilege of connecting to the sewerage system financed, in part, by Cope?
ration; and 77,255 of the funds paid to the City prior to April 1, 1975 by
269,899
Delray Shores, Sudan, Breezy l~id~e or other developments of a similar si~
excluding ~Bati-Service, for the privilege of connecting to lhe water main i
¥
financed, in part, by Corporation. The $210,025 loan to be repaid is subjee~
to the provisions of Paragraph 4 a (1).
f. City at all times at its own expense will operate and
maintain the subject water main, sewer ma/n, outfall line. and appurtenances
in good and serviceable condition.
4. COVENANTS OF THE CORPORATION. The Corporation agrees[~
perform the following:
a. Prior to the construction contract being signed, advance t~-
City $210,025 to cover the installation of sewerage and water lines from
Corporation propei~ty line to City connections and the installation of a lift
station on Corporation property, which, upon acceptance b~ City, City is to
be granted a perpetual easement on the property contai~ming the lift station.
(1) Corporation's advance of $210,025 is to b'e reduce~
by the cost o~ the lift station installed by Corporation within Corporation's
property, providing the lift station meets City plans, specifications,
inspection and cosis.
(2) Corporation's advance 'of $210,025 is to be reducei
(in addition to the above paragraph) in the amount of/~/~?~or increasing
the size of the ~vater lines and lowering the sewer lines, all in accordance
with plan.s on file with the,City, at Ci'ty's request, so that City can have a
better distribution area around proper!y of Corpora~on such reduction tob~,~
li~rar~ted upon the water and sewer lines rneet~n~ plans, specifications,
77-C
inspection and acceptance by City.
b. The above described advance shall be non-interest bearing;
shall be reimbursed as set out in Paragraph 3 e, and such reimbursement in
no event shall exceed $210, 025, as reduced by Paragraph 4 a (1), and shall be
diSbursed by the City in accordance with the payment schedule of the conlracts
described in Paragraph 3 b, above, upon written evidence setting forth:
? (1) The stage of completion of work certified by the
supervising engineer; and
(2) Certificate of the contractor of payment by him of
all material and labor furnished to date; and
(3) Approval of payment by the City.
5. GENERAL COVENANTS. The parties covenant and agree:
a. That time is of the essence in the performance of each of
the covenants of this agreement, and subject to receipt of money from
BATI-FLEMING DEVELOPMENT CORP., in accordance with a similar Agree-
ment.
b. That this agreement is binding on the successors and legal
representatives of the parties hereto.
c. That the Corporation at all reasonable times shall, have the
right lo enter upon the premises during the period of construction for the
purpose of making its ow.n inspection of the work for and on behalf of the
Corporation, and to inspect the re~ords of the City with respect to the
matters set forth in Paragraph 3 d.
d. That this agreement constitutes the entire agreement
bet%veen the ~arties and no oral statements heretofore made by either party
or their agents shall be a part hereof.
e. The City reserves the right to issue 'vVater and Sewer
Revenue Bonds on the system if City so elects.
f. Thai this agreement may be modified or changed only in
writing and signed by the pariies hereto.
6: EFFECTIVE D~iTE. This agreement shall be effective on the date
77-D
that it is signed by the Corporation.
IN WITNESS WHEREOF, the parties sel their hands and seals.
CITY OF DELl{AY BEACH
Corporate S'eak
HIGH POINT OF DELRAY BUILDERS, INC.i
...... : '~ By.
Attesl: .
...... - Dated: ....
Cdrporate Seal
,60
77-E
AGREEMENT
1. PARTIES. The parties to this Agreement are:
a. CITY OF DELRAY BEACH, a municipal corporation of
Palm Beach County, Florida, hereinafter called the City; and
b. BATI-FLEMING DEVELOPi~[ENT CORP., a Florida
corpor~J[on, hereinafter called the Corporation.
· ~ 2. PURPOSE. In consideration of this agreement, the City agrees to
extend its sewer and water transmission main system in accordance with the
master plan of providing sewer and water service to its .inhabitants, as
delineated in Exhibit 1 appended hereto and made a part hereof, to service
the area therein described (the "Service Area"). The Corporation agrees to
advance to the City the cost of constructing said sewer transmission main
extension upon the terms and conditions set forth in this agreement.
3. COVENANTS OF THE CITY. The City covenants and agrees to
perform the following within the times provided:
a. City and Corporation have approved plans and'specifications
for the subject construction by Russell & Axon, being their project No.
6469-3/8e ....
b. City shall execute a contract for the subject system at a
contract price in accordance with the plans and specifications described in
Paragr~aph 3 a, subject to the Corporation's payment per Paragraph 4 a.
c. City shall execute a contract between the City and its
engineers providing for fixed or determinable fees for plans, spedifications
and supervi;ion of construction of which Corporation is to pay its pro rata
S'hare at time of payment in Paragraph 4 a. The pro rata share of engineerin
cost is to be determined by the ratio between Corporation's payment for the
lines as determined in Paragraph 4 a and the total contract let by City for the
same lines with portions having increased capacity.
d. City shall proceed with due diligence in the construction of
the proj~c't, and when the, construction is complete, the City will certify the
system for use within the service area.
e. City agrees to prepare, annually, an accurate record of
bona fide consumers ~r~e~-Fr~p~r~y'~D~ga%-~n~, whose service lines ha~,e
77 -F
become &il~<~l~' attached to the sewer system extension installed hereunder
during the preceding year.
f. City agrees to annually reimburse to the Corporation up
maximum total of $102,000 from the following sources and no other: 100%~
121,510
the sewer connection fees from Bati's development and 190,232 of the sewer
connection fees collected by the City prior to April 1, 1975 from Delray
more than five a~,
Shores, Sudan, Br~eezy Ridge or other developments of/5-s4h~ri%a~45er
excluding I-Iigh Point, that connect ~o the force main to be constructed.
Pro rata payments to the Corporation will terminate on April 1, 1975. Ci%5
will charge at,least the minimum connection fees as of this date.
Payments for connections within the Corporation development area shall
continue as long as the total credit does not exceed $102,000.
g. City at all times at its own expense will operate and
maintain the subject sewer main, outfall line ~nd appurtenances in good
and serviceable condition.
4. COVENANTS OF THE CORPORATION. The Corporation agrees
perform the following:
a. Prior to construction contract being signed, advance to
City the amount of money as determined by the bids submitted to Council to
cover installation of 8" sewerage and 12" water lines from the Corporation
)roperty line eastward along Lake Ida Road to City connection as shown on
~ttached Exhibit 1 and the engineering fee as stated in Paragraph 3 c, and
shall constitute full payment hereunder.
b. Corporation is to install, at ils' own expense, on.its own
property, a l~ft station meeting City plans, specifications and inspections
station and the lift station to City.
c. The above described advance shall be non-inlerest bearing;
shall be reimbursed as set out in Paragraph 3 f, and such reimbursement in
no event shall exceed $102,000, and sha'll be disbursed by the City in
accordance with the payment schedule of the contracts described in Paragr
3 b, above, upon written evidence set±ing forth:
(!) ~he stage of cornpleiion of work certified by the
supervisi~,g en~neer; and
77-6
(2) Certificate of the contractor of payment by him of
all material and labor furnished to date; and
(3) Approval of payment by the City.
5. GENERAL COVENANTS. The parties covenant and agree:
a. That time is of the essence in the performance of each of
the covenants of this agreement, and subject to receipt of money from
HIGH POINT OF DELRAY BUILDERS, INC., in accordance with a similar
Agreement. b. ?That this agreement is binding on the successors and legal
representatives of the parties hereto.
c. That the Corporation at all reasonable times shall have the
right to enter upon the premises during the period of construction for the
purpose of making its own inspection of the work for and on behalf of the
Corporation, and to inspect the records of the City with respect to the
matters set forth in Paragraph 3 e.
d. That this agreement constitutes the entire agreement
between the parties and no oral statements heretofore made by either party
or their agents shall be a part hereof.
e. The City reserves the right to issue Water and Sewer
Revenue Bonds on the system if City so elects.
f. That this agreement may be modified or changed only in
writing and signed by the parties hereto.
6. EFFECTIVE DATE. This agreement shall be effective on the date
that it is signed by the Corporation.
IN W~TNESS ~VHEREOF, the parties set their hands and seals..
CITY OF _DELRAY B EACH
=,~ ,/' .. -
City Clerk ~ , .~,. . /
Corporate Se~
BATI-FLEMING DEVELOPMENT CORP.
2~ttest: ~ //57/ ? ~
Corporate Sqb_i