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HomeMy WebLinkAboutAgreement_General_12/12/2018_Anna Greco VILLAGE OF TEQUESTA AGREEMENT FOR INDEMNIFICATION RELATED TO PLACEMENT OF SOD, IRRIGATION AND CONTINUED MAINTENANCE THIS AGREEMENT FOR INDEMNIFICATION RELATED TO THE PLACEMENT OF SOD, IRRIGATION AND CONTINUED MAINTENANCE, hereinafter "Agreement", is entered into and effective this /2% day of DQC 018, by and between the VILLAGE OF TEQUESTA,a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273,hereinafter"the Village"; and ANNA C. GRECO, ANNA C. GRECO TR. TITL. HLDR., AND ANNA C. GRECO TR., as owners of the property located at 39 Pine Tree Place, Tequesta, Florida 33469, hereinafter "the Owners"and collectively with the Village,"the Parties". WITNESSETH The Village and the Owners, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties,hereby agree as follows: 1. PLACEMENT OF SOD, IRRIGATION AND CONTINUED MAINTENANCE: The Village will remove the existing hedges in the Village right-of-way at 39 Pine Tree Place and grade the area. Thereafter,the Village hereby authorizes the Owners to place sod, irrigate and continue maintenance in the Village's right-of-way at 39 Pine Tree Place, Tequesta, Florida 33469 ("Sod Placement, Irrigation and Maintenance"). The affected Village right-of-way includes approximately one hundred thirty-five feet(135') commencing at the corner of Pine Tree Place and River Drive and extending westward to the Owners' property boundary. The Owners shall ensure that such sod placement is conducted by a licensed and insured contractor. The Owners shall be required to irrigate and maintain the newly placed sod. Should the newly installed sod die within one (1) year of installation, the Owners shall be responsible for the removal of the sod and replacement with new sod. The Owners shall be fully responsible for obtaining any and all necessary permits prior to commencing the Sod Placement, Irrigation and Maintenance. The location of the Sod Placement, Irrigation and Maintenance is more particularly described and depicted on the document attached hereto as Exhibit"A". 2. COSTS AND EXPENSES: The Owners agree to,and shall be fully responsible for,all costs and expenses associated with the Sod Placement, Irrigation and Maintenance. The Owners INDEMNIFICATION AGREEMENT-SOD PLACEMENT,IRRIGATION AND MAINTENANCE further agree to, and shall be fully responsible for, any and all sod removal and replacement costs and expenses pursuant to Section 1. above. The Village is in no way responsible for providing any compensation of any sort to the Owners, or any other entity, for the Sod Placement, Irrigation and Maintenance. 3. INDEMNIFICATION: The Owners shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature,arising out of any error,omission,negligent act,conduct, or misconduct of the Owners, their agents, servants, or employees in the performance of the Sod Placement, Irrigation and Maintenance. 4. TERA'IINATION, NOTICE: This Agreement may be terminated by the Village or the Owners upon thirty(30)days written notice to the either the Village or Owners. Termination of this Agreement shall not absolve the Owners from compliance with Village codes regarding maintenance of landscaping adjacent to their property. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: As to THE VILLAGE As to THE OWNERS Village of Tequesta Anna C. Greco,Anna C. Greco Tr. Titl. 345 Tequesta Drive Hldr., and Anna C. Greco Tr. Tequesta,Florida 33469 39 Pine Tree Place Attn:Deputy Public Works Director Tequesta,FL 33469 Attn:Anna C. Greco 5. VILLAGE RIGHTS: It is agreed and acknowledged by the Parties that the Sod Placement, Irrigation and Maintenance is being conducted on an area that is a public right-of-way located in the Village. Nothing in this Agreement shall be construed to in any way limit the Village's rights to the public right-of-way being impacted by Owners' Sod Placement, Irrigation and Maintenance. The Village,its employees and other agents, shall maintain the absolute right of ingress,egress and access to the Village's right-of-way for any and all purposes now and after Sod Placement,Irrigation and Maintenance. Furthermore,the Village shall maintain all rights to its public right-of-way,including those related to current or future modifications to the right- of-way and any projects to be performed therein, which may or may not include, at the Village's sole discretion,modification to or removal of, landscaping and irrigation material. Page 2 of 3 INDEMNIFICATION AGREEMENT—SOD PLACEMENT,IRRIGATION AND MAINTENANCE 6. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded reasonable attorney's fees,including fees on appeal. 7. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 8. AMENDMENTS&ASSIGNMENTS: This Agreement, all Exhibits attached hereto, constitute the entire agreement and understanding between both Parties;no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum to this Agreement. The Owners shall not transfer or assign the services and provision of goods called for in this Agreement without prior written consent of the Village. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. WITNESSES: ANNA C.GRECO,ANNA C.GRECO TR.TITL. HLDR.,AND ANNA C. GRECO TR. A na C. Gre ATTEST: VILLAGE OF T Lori McWilliams,MMC ,.�������U "F""T ,,,,,, a s einand,Acting Village Manager Village Clerk ......... Q vQ.G � Rgj;G (Seal) SEgL n= INCORPORATED Page 3 of 3 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT Imcwilliams(�)-teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.