HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01_04/30/2008e14f NJ'j1 LYlbY3 lb: 5~ bblblb tntib
April 9, 2008
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Mr. Mike Couzzo, Manager
'~}"~ ~'~"'c
Ghief Heiman W, Brice Village of Tequesta
50 South Military Trail, sulfa iol 345 Tequesta Drive
Tequesta, FL 33469
West Palm Beech, FL 33~t~t 5-3x48
(56l) 616.7000 Dear Mr. Couzzo,
www.pUcgov,cotn
T am writing as a follow-up to our discussions last week. As
requested, I have listed below the options we would like you to
~ consider regarding Fire Station 11.
1. Renew the current lease for a period of 16 or 28
r~°, „~~- ~u~:, m,onths~
'' °f ~°""''
~mm:~;~e~ Continue current service delivery arrangements
,
with modifications of the response zone of Tequesta
Aaale i. crcene, Ch6lrperso~ Fire Rescue (TFR) south of the river
,JefCttoons, vice Chair • At the end of the renewed lease, close Station i i
and relocate the resources elsewhere in Jupiter,
tcarenT.Marcus implement full automatic aid/CloSlast unit response,
Robert J,xAnjfan * Concurrent with implementation of closest unit
response, transfer title of Station ~.~, building to the
'"~''''"~~' Village of Tequesta for a consideration of $10.
Bun;narer,;aon • PBCFR continue to provide to TFR;
Jess R. santamaria a. Dispatch services
b. Fuil department resources for multiple and
major calls
c. Command staff responding to major incidents
d. Technical Rescue Services -
c4amy t~Ami.~istra~ox Dive Rescue, Hi-Angle, Confined Space,
t~obert Weisman Trench, iuilding Collapse
~. Close Station 11 when lease expires OG-46-08
• Relocate unit to Station 1$ and modify response
zones
TFR to continue servicing certain count
o
ket
y p
c
s
north of river.
PBCFR contract with Martin County for automatic aid
for the County pockets in the north end of Station
~In P.gr~lOpporam/ry
~s-,,,,Q~sn~,•~„~~,,~- ~ 1 ~$ zone.
Disposition of Station ~.i to be determined by
current agreement.
p «, ~tzlad pater
APR-09-2008 03:58PM FAX:5616167080 ID: PAGE:002 R=97%
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The following documents will need to be reviewed and possibly
modified depending on which option is utilized;
• Station 11 land lease -expires 06-06-08
• Mutual Aide/Auto Aid -expires 0930-10
• Letter of Understanding -signed 08-01-05
(outlines Automatic Aid service area/Dispatching}
You may also want to consider the possibility of PBCFR providing
vehicle maintenance services far TFR. We currently provide
these services to West Palm Beach and Palm Springs Fire
pepartments.
As I have stated in the past, I feel strongly that Palm Beach
County's partnership with Tequesta is goad public policy which
ensures emergency assistance to our citizens as quickly as
possible.
Sinter IY,
dcc ~
Herman W. Brice
Fire Chief
HWB:rs
APR-09-2008 03:58PM FAX:5616167080 ID: PAGE:003 R=97%
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LEASE AGREEMENT
between
THE VILLAGE OF TEQUESTA
(Landlord)
and
PALM BEACH COUNTY, FLORIDA
(County)
G~~PAGPERTY MGMT SECTIOTI~OUT LEASE~FS32E RES STN A t 1 TEQUESTAILEASE FATAL Oa ] 206.DOC
1
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ILIEASE A~II~E~EI~'Il,
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T>I11~S 1C.,IEASIE A~GIRElEl~il1E1~1T, made and entered into , by
and between the VIIIL,LAEGIE ®i~' '~'1E~~11~5'1CA, a municipal corporation of the State of
Florida, hereinafter referred to as "Landlord" and I~AIC.PVII I~IIJA~C'IHl ~COl1J1~1T~', IFILOIl~1'iDA, a
political subdivision of the State of Florida, on behalf of the Palm Beach County Fire Rescue
Department, hereinafter referred to as "County'.'.
WIL7I'I~TIESSIE1f'~f:
WHEREAS, Landlord is the owner of certain real property in Palm Beach County,
Florida, commonly known as 465 Seabrook Road located in Tequesta, Florida, which
property is legally described in Exhibit "A" attached hereto and by reference made a park
hereof (the "Property"); and
WHEREAS, the property is improved .with a Fire Station (the "Building") and
County desires to lease the Property as hereinafter defined for the purpose of providing fire-
rescue services to the adjacent community and to provide automatic mutual aid to the Village
of Tequesta; and
WHEREAS, the Landlord purchased the Property from the Jupiter Fire Control
District No. 1 (the "District") in 1976 for $13,277.00, and leased the Property back to the
District for thirty (30) years, at a rental of $1.00 per year, in consideration of the District
agreeing to construct, at District's sole cost and expense, a fire station; and
WHEREAS, on October 1, 1984 the Jupiter Fire Control District was consolidated
into the Palm Beach County Fire-Rescue Department, and the County assumed ownership of
all equipment, facilities and property leases; and
WHEREAS, Landlord is willing to lease the Property to the County for the purposes
hereinafter defined.
NOW THEREFORE, in consideration of the rents, covenants, and agreements
hereinafter reserved and contained on the part of the County to be observed and performed,
the Landlord demises and leases to County, and the County rents from Landlord the Premises
as hereinafter defined upon the following terms and conditions:
2
AL~'I'1~Li,E I
]E~ASII~ IL,L~'ASIE I~R~~S>i~1~TS
Sects®n 1.®1 Pu-emgses.
The Premises subject to this Lease shall consist of the Properly described in Exhibit
"A" and the Fire Rescue Building as depicted on Exhibit "B" attached hereto and by
reference made a part hereof (the Property and Building shall hereinafter be known as the
"Premises").
Sects®n 1.02 ILengt~n ®f Te~°ffi ~n~ ~~gectave Date.
The teen of this Lease shall commence on the date of full execution of this Lease (the
"Effective Date"), and shall extend for a period of two (2) years thereafter (the "Tenn"),
unless sooner terminated pursuant to the provisions of this Lease. Upon the Effective Date,
the existing 30-Year Lease Requiring Erection ofFire District Building, dated June 25, 1976,
shall be terminated.
AR'1~1CL~ 11
REl~T
Secta®n 2.01 Ann~nal Rent.
County shall pay Landlord for the use and occupancy of the Premises an annual gross
rental of ONE DOLLAR ($ 1.00). This Lease is intended to be a "gross" lease and County's
obligations hereunder shall be limited to those specifically set forth herein. The annual rent of
$1.00 is contingent upon the County's continued participation in the Emergency Services
Agreement for Automatic Mutual Aid Assistance and Dispatch Services dated Apri15, 2005,
attached as Exhibit "C" and the Chiefs Letter of Understanding dated August 1, 2005,
attached as Exhibit "D". A contravene of any either of these documents, unless mutually
agreed upon by both parties, shall be grounds to open negotiations on the Annual Rent. In the
event such negotiations occur, both parties agree to meet within sixty (60) days to attempt to
re-negotiate this section of the agreement.
Section 2.02 Payment.
All rent due hereunder shall be payable in advance on or before the Effective Date and
on each anniversary thereafter during the Term of this Lease: County is atax-exempt entity
as is evidenced by tax exemption #60-2211419753 C. No sales or use tax shall be included or
charged with Annual Rent. Payment of Rent will be made upon the receipt of an invoice from
Landlord mailed to the Palm Beach County Finance Department at P.O: Box 4036, West
Palm Beach, Florida 33402. Each invoice must be received at least fifteen (15) days but not
more than thirty (30) days in advance of the date payment is due. Payment will be mailed to
Landlord at the address set forth in Section 15.04 of this Lease.
3
A]l~Ti ~C~,1/ ICIIIi
C~1~>IJcC"T' ~1C' ]~~JS~lESS A1~Il~ ~JSIE ~lii' IgRlElyill!S~S ]I$~1' C~1IJI`t'~'~'
Section 3.OI 1TJse of l~reIlnises.
The Premises shall be used for the establishment and operation of a Fire Rescue
Station. County shall not use, permit, or suffer the use of the Premises for any other purpose
whatsoever. County's obligations under this Lease are contingent upon such use of the
Premises being in compliance with all applicable zoning laws, rules, and regulations
affecting the Premises.
Section 3.0~ ~ouduct.
County shall not commit waste upon the Premises, nor maintain, commit, or permit the
maintenance or commission of a nuisance thereon, or use the Premises for any unlawful
purpose. County acknowledges that its employees and the Premises shall, throughout the
Term of this Lease, be in full compliance with all federal, state, county, and local statutes,
laws, rules, and regulations respecting the use and occupancy of the Premises, provided the
County shall not be required to make alterations, additions, or improvements to the Building
in order to conform therewith that exceeds $1,000.00.
Section 3.03 lFiaza~rdous Substances.
County shall comply with all applicable Federal, State and local laws, regulations and
ordinances protecting the environment and natural resources and regulating hazardous
substances.
Section 3.04 Surrender of Premises.
Within 270 days of the termination, expiration, or cancellation of this Lease, County,
at its sole cost and expense, shall have the right, to remove and/or sell the Building and
improvements. The Landlord shall have first option to purchase the same for the appraised,
fair market value and upon such price, terms and conditions as may be mutually agreed upon
by the parties. The Landlord shall exercise its first option within 60 days of the termination,
expiration, or cancellation of this Lease. The Village will be responsible to obtain two (2)
appraisals at its sole cost and expense from firms approved by the Director of PREM. In the
event the Landlord notifies County of its interest in purchasing the building, the parties shall
endeavor to execute a sales contract within one hundred and eighty (180) days of said
notification. In the event that the Building and improvements are removed by the County,
County shall leave the Property in a neat and orderly fashion and restore the ground to its
original condition. In the event that Landlord purchases the Building, County shall surrender
the Premises to the Landlord in broom clean condition.
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A~~')<C1%~E L ~T
A~„'I[')ERA'Ti'I~I~T ~~IF LEASES ~I~IVI~SILS
ScctIlOn 41.®1 1L~ndDord°s ~®rII~.
Landlord shall not be obligated or required to perform any improvements whatsoever
to the Property.
Sects®tm x.02 (a) Counoty°s ~Wou-k.
County shall be entitled to make alterations, iflnprovements, or additions to the
Premises, ("Alterations") at its sole cost and expense. County agrees and acknowledges that
all County's Alterations installed on the Premises by County, whether pursuant to this Section
or otherwise, shall be performed and accomplished solely for the benefit and convenience of
County, and not for the benefit of Landlord, such Alterations being nevertheless subject to
each and every provision of this Lease. All work done by County in connection with any
Alterations, repairs, and maintenance on the Premises shall be done in a good and
workmanlike manner.
(b) Construction Licns.
Landlord and County shall comply with the Construction Lien Law, Florida Statutes
Chapter 713, Part I, to the extent applicable to Landlord and County in the construction of
any improvements to the Premises and shall obtain a public construction performance bond
in accordance with Florida Statutes section 255.05, if required by such statute. In the event a
construction lien is filed against the Premises in connection with any work performed by or
on behalf of the Landlord or County, the party performing such work shall promptly cause
such lien to be removed from the Premises.
ARTICLE V
REPAIRS AloTD l0'IAIlolTE10TA1~1CE ®F PItElVIISES
Section 5.01 Responsibility of Landlord.
Landlord shall not be obligated or required to make any repairs or conduct any
maintenance whatsoever to the Property. Notwithstanding the foregoing, County shall have
no obligation to repair any damage arising from any negligent or intentional act or omission
of Landlord, its employees, agents, invitees or any third parties, which damage shall be
promptly repaired by Landlord.
Section 5.02 Responsibility of County.
County shall maintain the Property and any improvements constructed thereon by
County in good condition and repair, normal wear and tear and casualty excepted, at its sole
cost and expense.
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Section ~.®3 Ttlazar~loans Senbsta~mce Ina~evrnnn tf ncatn®m ley ILandil®~°~l.
Landlord hereby represents and warrants to County that there is not located in, on,
upon, over, or under the Premises: (i) .asbestos in any form; (ii) urea formaldehyde foam
insulation; (iii) polychlorinated biphenyls; or (iv) any other chemical, material, or substance
which is prohibited, limited, or regulated by federal, state, county, regional, or local
authority. If said substance(s) exist, Landlord shall promptly remove said substance(s) at
Landlord's sole cost and expense. County shall be fully responsible for any pollutants, odors,
vapors, chemicals, and the like emitted by County's own furniture, fixtures, office machines,
and equipment.
AI~T>tC1C.]E ~
I1~SIJ1RAI~T~CIIJ
Section x.01 Liability Insurance.
County shall, during the entire Term hereof, provide Landlord with a certificate
evidencing self-insurance coverage for comprehensive general liability in the amount of One
Hundred Thousand Dollars ($100,000) per person and Two Hundred Thousand Dollars
($200,000) per incident or occurrence and Workers' Compensation insurance covering all
employees in accordance with Chapter 440 Florida Statutes. In the event the Legislature
should change the County's exposure by Statute above or below the sums insured against, the
County shall provide insurance to the extent of that exposure.
Section 6.02 Personal Property.
All of County's personal property placed or moved in the Premises shall be at the risk
of the County or the owner thereof. Except as otherwise provided herein, Landlord shall not
be liable for any damage to such personal property, except to the extent caused by the
Landlord, its agents', or its employees' willful or negligent acts or omissions.
Section 6.03 Insurance by Landlord.
Landlord shall, during the entire Tenn hereof, provide County with a certificate
evidencing self-insurance coverage for comprehensive general liability in the amount of One
Hundred Thousand Dollars ($100,000) per person and Two Hundred Thousand Dollars
($200,000) per incident or occurrence. In the event the legislature should change the
Landlord's exposure by Statute above or below the sums insured against, the Landlord shall
provide insurance to the extent of that exposure.
Section 6.04 Property Insurance.
County agrees to maintain all-risk property insurance for adequate limits of coverage
on the Building and contents based on replacement cost calculation. County agrees to be fully
6
responsible for any deductible orself-insured retention under the all-risk property insurance.
AIf~'~'IIcCILE ~Itlt
~AIvIi AGIE ®~ ID]ES'll'lE~>1JcCTIG1V ®~' Pl1~IEIV[~SIES AlYIID/GIG
cCGlTJl~'1C~'° S AIL'~'E]18A7i'>IGI~TS
In the event the Premises shall be destroyed or so damaged or injured by fire or other
casualty during the Term of this Lease, or any extension thereof, whereby the same shall be
rendered untenable, in whole or in part, County shall have the right to terminate this Lease,
whereupon the parties shall be relieved of all further obligations hereunder occurring
subsequent to the date of such casualty. In the event the County elects to terminate this Lease
as provided in this Section, the Annual Rent payable hereunder shall be prorated to the date
of the casualty. In the event County does not exercise its right to terminate this Lease due to
any such casualty, County shall promptly commence restoration of the Premises and
diligently pursue such restoration to completion using materials of like kind and quality or
better.
AIt~TICLE V>[II
~JT~L~TfES ~~ S1E~~ClES
Landlord shall provide water, sewer, electricity, gas and telephone utility service to
the Premises boundary, at Landlord's sole cost and expense. County shall be solely
responsible for and promptly pay directly to the utility company or the provider of such
service all charges or assessments for water, gas, electricity, trash collection and removal and
any other utility used or consumed by County. Landlord shall not be liable in its propriety
capacity for an interruption or failure in the supply of such service to the Premises resulting
from a failure of the utility company to provide service to the Premises.
ARTICLE IX
ASSIGNIO'IENT AND SiTBLETTIl~TG
County may not assign, mortgage, pledge, or encumber this Lease in whole or in part,
nor sublet all or any portion of the Premises, without Landlord's prior written consent, which
shall not be unreasonably withheld. In the event of an approved assignment, County shall be
released from any further obligation hereunder. Any sale, mortgage, pledge, or encumbrance
of the Property by Landlord shall be subject to the terms of this Lease.
~'l ISLE 1
~E~~ AUL~,1
Sccti®n 10.01 ~cI'ault by ~C®a.nunty.
The occurrence of any one or more of the following shall constitute an Event of
Default by County under this Lease: (i) failure by County to pay the Annual Rent within
fifteen (15) days after receipt of notice from Landlord; (ii) failure by County to perform or
observe any of the agreements, covenants, or conditions contained in this Lease on County's
part to be performed or observed for more than thirty (30) days after notice from Landlord of
such failure; (iii) County's vacating or abandoning the Premises; or (iv) County's leasehold
estate being taken by execution, attachment, or process of law. If any Event of Default
occurs, then, at any time thereafter while the Event of Default continues, Landlord shall have
the right to give County notice that Landlord intends to terminate this Lease upon a specified
date not less than thirty (30) days after the date notice is received by County, and this Lease
shall then expire on the date specified as if that date had been originally fixed as the
expiration date of the Term of this Lease. If, however, the default is cured within such period
or within a reasonable period thereafter if the same cannot be cured within such period and
County undertake such cure within such period and the Landlord is so notified, this Lease
will continue.
Sccti®n 10.02 1Defaaalt by Landlord.
Landlord shall be in default of this Lease. if Landlord shall fail to observe or perform
any term, covenant, or condition of this Lease on the Landlord's part to be observed or
performed, and the Landlord fails to remedy the same within thirty (30) days after notice
from County. In the event the default is of such a nature that it cannot be reasonably cured
within the foregoing thirty (30) day period, Landlord shall be entitled to a reasonable period
of time under the circumstances in which to cure said default, provided that Landlord
diligently proceeds with the curing of the default. In the event that the default is not cured by
Landlord within the foregoing time period, County, at County's option, may either cure said
default and Landlord shall reimburse County for all expenses incurred by County in doing so,
or County may give to the Landlord a thirty (30) days notice specifying that the County
intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty (30)
day period, this Lease and all obligations of County hereunder shall terminate and County
shall thereupon be relieved of all further obligations hereunder.
ARTICLE XI
ACCESS BY LAl®TDL®RD
Landlord and Landlord's agents and employees shall have the right to enter upon the
Premises at all reasonable times to verify and confirm County's compliance with the terms
8
and conditions of this Lease. Landlord shall provide County with twenty four (24) hours
advance notice prior to exercising such right except in an emergency in which event no
notice shall be required and shall exercise such right in a manner which minimizes the impact
upon County's use of the Premises.
Allg'I'ICL1E ~
AI~TIy~1IJAL I~U]~~~TAI~lY ~VJl~~lil`~e~/cCA1~TC~IC.ILA'tf~~I~T
This Lease and all obligations of County hereunder are subject to and contingent upon
annual budgetary funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel
this Lease for any reason upon ninety ~90) days prior written notice to Landlord, whereupon
the parties shall be relieved of all further obligation hereunder.
A1[~'I'ICL]liJ ~I]t
~IJJIJIJ'I` ~1~1~~~N'IIE~1'~'
Upon the observance and performance of all the covenants, terms, and conditions on
County's part to be observed and performed, County shall peaceably and quietly hold and
enjoy the Premises for the Term hereby demised and any extensions thereof without
hindrance or interruption by Landlord or any other person or persons lawfully or equitably
claiming by, through, or under the Landlord, subject, nevertheless, to the terms and
conditions of this Lease.
~2'T'ICL>E XIV
C®1~TDENINATI®loT
If all or part of the Premises shall be taken, condemned or conveyed pursuant to
agreement in lieu of condemnation for public or quasi public use, the entire compensation or
award therefor, including any severance damages, shall be apportioned between Landlord
and County in proportion to the value of their respective interests and the rent shall be
recalculated effective upon the date of vesting of title in the condemning authority to reflect
the reduction in the Premises. County shall also be entitled to receive compensation for the
value of any Alterations or other improvements made by County to the Premises and moving
expenses. In addition, County may elect to terminate this Lease in which event this Lease
shall terminate effective as of the date title is vested in the condemning authority, whereupon
the parties shall be relieved of all further obligations occurring subsequent to the date of
termination other then those relating to apportionment of the compensation for such
condemnation. In the event the County elects to terminate this Lease as provided in this
Article, the Rent payable hereunder shall be prorated to the date of termination. County will
9
be allowed not less than sixty (60) days notice to remove its property from the Premises.
All~'~l~ILIE ~
l~1SfCELLAI~TE~gJS
Secti®~ 15.®1 ~Y~nvea-, Acc®~°d end S~tIlSff~cti®n.
The waiver by Landlord of any default of any term, condition, or covenant herein
contained shall not be a waiver of such term, condition, or covenant, or any subsequent
default of the same or any other term, condition, or covenant herein contained. The consent
or approval by Landlord to or of any act by County requiring Landlord's consent or approval
shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any
subsequent similar act by County.
Section 15.02 Puhlic IEntity ~'riIln¢s.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither
Landlord nor employees, who will perform hereunder, have been placed on the convicted
vendor list maintained by the State of Florida Department of Management Services within
the thirty-six (36) month period immediately preceding the Effective Date of the Term of this
Lease. This certification is required pursuant to Florida Statues 287.133 (3)(a).
Secti®n 15.03 Entire Agreement.
This Lease and any Exhibits attached hereto constitute all agreements, conditions, and
understandings between Landlord and County concerning the Premises. All representations,
either oral or written, shall be deemed to be merged into this Lease. Except as herein
otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall
be binding upon Landlord or County unless reduced to writing and signed by them.
Section 15.04 Notices.
All notices, consents, approvals, and elections (collectively, "notices") to be given or
delivered by or to any party hereunder shall be in writing and shall be (as elected by the parry
giving such notice) hand delivered by messenger, courier service, or national overnight
delivery service (provided in each case a receipt is obtained), telecopied or faxed, or
alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested.
The effective date of any notice shall be the date of delivery of the notice if by personal
delivery, courier services, or national overnight delivery service, or on the date of
transmission with confirmed answer back if telecopier or fax if transmitted before SPM on a
business day and on the next business day if transmitted after SPM or on anon-business day,
or if mailed, upon the date which the return receipt is signed or delivery is refused or the
notice designated by the postal authorities as non-deliverable, as the case maybe. The parties
hereby designed the following addresses as the addresses to which notices maybe delivered,
to
and delivery to such addresses shall constitute binding notice given to such party:
(a) If to the Landlord at:
Village of Tequesta
250 Tequesta Drive, Suite 300
Tequesta, Florida 33469
Fax: 561-575-6203
(b) If to the County at:
Palm Beach County Fire-Rescue Department
50 South Military Trail
West Palm Beach, Florida 33415
Attn.: Randy Sheppard, Deputy Chief
Fax: 56 i-6 i6- 708"v
with a copy to:
Properly and Real Estate Management Division
Attn: Director
3200 Belvedere Road, Building 1169
West Palm Beach, FL 33406-1544
Fax: 561-233-0210
Any party may from time to time change the address to which notice under this
Lease shall be given such party, upon three (3) days prior written notice to the other parties.
Section 15.05 Brokers' Cognanission.
Each of the parties represents and warrants to the other that they have not dealt with
any real estate salesperson, agent, finder, or broker in connection with this Lease.
Section 15.06 Severability.
If any term of this Lease, or the application thereof to any person or circumstances,
shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application
or such term to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and
enforceable to the fullest extent permitted by law.
Sectioa 15.07 Captions.
The captions in this Lease are included for convenience only and shall not be taken
into consideration in any construction or interpretations of this Lease or any of its provisions.
11
Sccti®rn 15.®~ Rcc®~-ding.
County shall be entitled to record this Lease or a Memorandum of Lease in the public
records of Palm Beach County for the purpose of providing public notice of County's interest
in the Premises.
Section 15.®~ Waiv~e~° ®f ~Uaup°y '~i'lr°iall.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES
HERETO AC7AINST THE OTHER IN CONNECTION WITH THIS LEASE.
Sccti®n 15.1® ~ovcr~ning Lavy anti Vcnn~c.
This Lease shall be governed by and interpreted according to the laws of the State of
Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County.
Sc~ctiion 15,11 '1'i~nc of ]Essence.
Time is of the essence with respect to the performance of every provision of this Lease
in which time of performance is a factor.
Section 15.12 benefit and finding effect.
This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives, and assigns of the parties hereto.
Section 15.13 radon.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may be
obtained from County's public health unit.
Section 15.14 I~lon-JExclaasivity of Reaa~edies.
No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
Section 15.15 1®lon-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national
origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the
12
benefits of, or be subjected to any form of discri4nination under any activity carried out by the
performance of this Lease.
~~ctg®~ I1~.71~ cC®nstu-uctIl®n.
IVo party shall be considered the author of this Lease since the parties hereto have
participated in extensive negotiations and drafting and redrafting of this document to arrive at
a final agreement. Thus, the terms of this Lease shall not be strictly construed against one
party as opposed to the other party based upon who drafted it. In the event that any section,
paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction
to be invalid, such shall not effect the remaining portions of this Lease and the same shall
remain in full force and effect.
~ec~n®~ IS.ll~ >Inc®~-p®~°a~tIl®n by ~eI'er~~nce.
Exhibits attached hereto anal referenced herein shall be deemed to be incorporated into
this Lease by reference.
~eeta®~ ~ S.fl~ IE]Ff~ctiv~ >ID~~e ®f ]L~~s~.
This Lease is expressly contingent upon the approval of the Palm Beach County Board
of County Coirunissioners, and shall become effective only when signed by all parties and
approved by the Palm Beach County Board of County Commissioners.
(1[tE1~A~NDE>E2 ®F PAGE Il®TTEI~l~'I®I~AL,L,~' LEFT' BI,A1~tK)
13
~N WJI'TNIE~S WI!<-~IEI~C~IF, Landlord and County have executed this Lease, or have
caused the same to be executed, as of the day and year first above written.
ATTEST:
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l ~ ~~~`~~;~- Tc~r1 Clerk
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Witness Si~nature
LANDLORD:
VILLAGF~ O TEQ~'
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By: -
Titl~ Mayor
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Print Witness Name
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Witness Signature
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Print Witness Name
SHARON R. BOCK ~--~ v~j T'y~'''~~~,,~
CLERK fir. COMPT,I~ER ~ Cp''+,,
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~~eputy Clerl~~~,,o~; ..•;~ti~=
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: .,~ ,
As~sista~it County Attorney
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COUNTY:
PALM BEACH COUNTY, JUN ~ G ~~
apolitical subdivision of the State of Florida
a ~~~ ~ -
By:. , ,~
Tony silot~, Chai `n
APPROVED AS TO TERMS
AND CONDITIONS
Department Director
APPROVED AS TO TERASS AND CONDITIONS
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LEGAL ~ES~If~lIPTJI®l~ CIF TIEI[E °']~g2®I~EIE~T~'rr
Property Control No.: 60-42-40-25-00-000-5200
The South 130 feet of the North 390 feet of the East 158.75 feet of the West 635 feet of the
Northeast'/4 of the Southeast'/4 of Section 25, Township 40 South, Range 42 East, Palm Beach
County, Florida, less the North 10 feet thereof for a road easement; and Less the r/w Seabrook
Road.
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Fire -Rescue Calls for 2007
Total Incidents 1153 100•
Mutual Aid Given to Palm Beach County 215 18.55%
Incident Type
100 Series-Fires 11
300 Series-Rescue & EMS 132
400 Series-Hazardous Condition 4
500 Series-Service Calls 2
600 Series-Good intent Calls 51
700 Series-False Alarms 15
Mutual Aid Given to Martin County 72 6.24°~
Incident Type
100 Series-Fires 3
300 Series-Rescue & EMS 26
400 Series-Hazardous Condition 0
500 Series-Service Calls 5
600 Series-Good Intent Calls 30
700 Series-False Alarms 8
Mutual Aid Received from Palm Beach County 103 8.93%
Incident Type
100 Series-Fires 6
300 Series-Rescue & EMS 46
400 Series-Hazardous Condition 5
500 Series-Service Calls 1
600 Series-Good Intent Calls 5
700 Series-False Alarms 6
Mutual Aid Received from Martin County 2 0.17%
Incident Type
100 Series-Fires
300 Series-Rescue & EMS 2
400 Series-Hazardous Condition
500 Series-Service Calls
600 Series-Good Intent Calls
700 Series-False Alarms
Combined Mutual Aid Given 287 24.89%
Combined Mutul Aid Recieved 105 9.11°~
Difference
Palm Beach County 112 9.71°~
Martin County 70 fi.07%
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