080144-Adjourned sessionMINUTEs
at
The City CommiSSion of the City of Denford, F!or!d~, met ~n adjourned session
%he City Hall in the City of Sanford, Florida, at lO:O0 o'nlock A.M.Au~ust
Present: Comm~sSioner Edward High, ns,
" H.J~mes Gut
City Clerk
.... Hill
M.J.&odge
H N Sayer
Mr. Lea R.Lesner, Chairman City PI. arming Committee.
absent: COmmfssloner Geo. D.Blshoo
Meeting called to order by the Chairman who announced that the ouroose of the
meeting was t~ confer with Mr. Wesley B1ntz,CmsultlnM Engineer,Lansing ,Mlch., with
respect to construction of the orooosed SWimming ooo! in Wort Mellon Park under the
plans and soecifications of the patented "Blntz Pool."
Mr.B~ntz then Submitted oiCture~, drawings and ~!ans o~ several tyies and
sizes of swlmm~n~ ~ools designed by h~m, ewolain%n~ in detal] the sneci~icat~ons
and cost of construct~D~ each such ~ool. Also, e×Dla~ning the procedure of constructing
a ~ool under hie Detent, ~h~cb requires employing h~m a~ consultant en~neer to prepare the
plans and specifications end supervise the construction work, ~dvis~ng that his fee for
=ucb service %s s~x car cent of the total conFtructlon cost eor ~rofe~rlona! services
and an add!tonal fee of n~.ne ~er cent for use cf his ~etent.
After considerable discussion and careful study of the
of s~,l._~m~n~ ~oo!s, Mr.B~ntz recommended an ovoid sha~e
several types and size
s~ze 60' x ~O' ~or Sanford,
of which the cost of constructi~n would amount to a~rox~mate!y ~25,0OO.00
Thereupon after careful consideration, and in view of the fact that the cost of
ccnstruct~ng a ~atented "~lntz Pool" ~s c'~nsldereble le.s than the cost of constructing
other types of standard pools, Commissioner Lodge movedthst the City enter into ~n
agreement with Mr. Bintz for the construction of a size 60' × 90' Ovoid "~Intz Pool"
under the terms as outlined above, with the vrovlsions that the plans and s~eciflcat~ons
are to be prepared and delivered to the City within 90 days and the construction of the
pool to be started at such time funds and materiels are available for that purpose,
and that the Mayor and Clerk be authorized to execute such an agreement on behale of the
City. '- -
Seconded by Commissioner C~]t end Carried.
On motion duly Carried the aforeesld agreement was then ordered spread on the
minutes of th~s meetlng ~s f0]lows:
THIS MEMORANDUM OF AGREEMENT made and entered into thls first day )f August 19154,
by and between the City of ~anford, of Ssnford,~lorlda, hereinafter known as the "OWNER"
and %~SLEY BINTZ, of [ans~ng, Michigan, hereinafter known as "PINTZ".
~ I i'NESSETH THAT:
WHEMmAS, the OWNER is desirous of building s ~INTZ SWI!~MING Pool, 60'x 90' Ovoid,
as per drawing GJ$53 , having accomodations for approximately P~O bathers; and
WHERe. AS: Blntz is a registered Civil Eng!neer, consultant end designer of swimming
pools, and more especially the BINTZ
IT IS HEREBY AGREED:
FIRST: PLANS AND SPEcI~'IuATIJNS:
SWIMMi~IG POOL,
Patent 1,572,463:
That ~lntz wi!! deliver to the
OWNER, ~lans and
specifications for a swimming pool as above outlined,said plans and specifications to be
complete in every detail covering the entire structure and all equloment oertaln~
MINUTES
T~ENTH ENGI~EER±~G CHANGEs: That the OWNER shal: emo!oy BYNTZ tc take care of al!
changes or add~tions in construction, layouts, equloment, or equloment layouts,
during construction sad equlo~3n~ ~erlod, and For a oerlod of, and not to exceed, one
year end three months after acceptance of said ~ool, and commission, ss outlined in
Article Twelve, uoon cost of ss!d construction or equi~ment ehan~es or additions, shall
be oald BINTZ by OWNER Uoon oractics! comoletlon or use of said changes or, addit~ons,
E~LEyE~:ARBITRATiCN: Any controversy or clSl. m arls~ng out of or re!atln~ to this contract
or the breach thereof, shall be settled by arbitration, In sccordsDce w~th the rules, th~n
obtaining, of the American Arbitration Association, and the OWNER sad BINTZ hereby agree
severa]!y and Jointly to so arbitrate any such controversy, clslm or d~ffereoce.
TWELFTH: PAfMENT: For and in conslderstlon of the orofess~ona! service rendered and
for a permanent lleense to ooerate, the said ooo! under the B1ntz Patent No.l,572,a6~'
as indicated by the clans and sOeclflcations, the OW~R will oay BINTZ a oercentsge,
ss Indicated b~low, of the entire cost o~ said comolete SWimming oool oroJect as outlined
In the o!ans and soeclf!cattons, s~id costs to be bsse~ on all contracts such ss const~ct_
ion or equloment contracts, ~nd/or Including any work done or equioment ourchased by
the O~ER and/or ~nc!ud~nE st tbs market value any Structure or equ~oment obtslued thru
dSnatlons or free labor, or if
structure and/or equloment, its
total cost as aOove outlined to be
For orofesslonal service six
cost to be osld as follows:
there is no other means of determining the cost of said
cost shsl~ be as estimated by BINTZ, ssld oercentage of
~ald as fo!lows:
(6~P oercent of the total construction and equloment
Two Hundre~ Fifty and no/lOC Dollars ($250.OO) uoon signing of this contract.
Two Hundred Fifty and no/lOC--Dollars ($250.OO) Uoon recetot of Plans sad
S~eclflcations.
Seven Hundred Fifty and no/lOC Dollars (~750.O0) uoon startln~ Work on a Swlmmln~
cool, and the final os~ment uoon Comolet~on and acceotance of-saldooo!, and not'~
later then slx months after start~n~ work on a Sw~m:nln~ oool.
For oermanent license to ooerate a ~ntz Patented P~ol, as above Indicated, and as
cart of the Consultation, Engineering and Professional service rendered, nine (9~) of
the total construction and equloment cost to be o~ld as follows:
One Thousand and no/lOC Dollars ($!,000.OO) noon start~n~ work on a swimming ~ool,
One Thousand and no/lO0 Dollars (~1,O00.OO) sixty days after due date of above
said oayment , and the final o~yment uoon como!etlon and acceptance of said oool,
and not later than six months after starting work on a swimming cool.
Any oayment, not oaid BYN?Z by the OWNER ~nslde of thirty days after it is due, shall
bear interest thereafterat the rate of six oercent (6%) ocr annum, and ~ot to exceed legal
rate of interest.
THIRTEENTH: AUDIT; Where the oool is built by the OWNER and not let under contract,
then there shall be an audit made of the cost of said cool and equloment, and Auditor
for said Audit
one-half of the
to BINTZ,
to be aoDointed by B1NTZ and oai~ in full by B!NTZ, the OWNER to assume
cost of said Audit, as indicated by statement from Auditor, oaysble
~OURTEENTH: STATE APPROVAL; That BINTZ shell have said Plans and Soecifications
aporoved by the Florida State Board of Health, if required.
H, Bintz
ATTEST:
Bintz
(City Seal)
For City of Sanford, Florida.
SIGNED-- Edward HigFins,Ma[or.
ATTEST:_ H.N.Ssyer, Citz Clerk.