HomeMy WebLinkAboutAgreement_General_1/28/2020_Chin F. Chen and Linda M. PaoVILLAGE OF TEQUESTA
AGREEMENT FOR GRADE MODIFICATION WORK
THIS AGREEMENT for grade modification work is entered into and effective
this AS day of January, 2020 (the "Effective Date"), by and between the VILLAGE OF
T E Q U E S TA, a Florida municipal corporation, organized and existing in accordance with the
laws of the State of Florida, hereinafter the "Village"; and CHIN F. CHEN and LINDA M. PAO,
as individuals, hereinafter the "Grantors" and collectively with the Village, the "Parties".
WITNESSETH
WHEREAS, Grantors are the owners of certain property located at 474 Tequesta Drive,
Tequesta, Florida 33469, hereinafter referred to as the "Property;" and
WHEREAS, Grantors granted the Village a Temporary Construction Access and Use
Easement Agreement ("Temporary Construction Easement"), allowing the Village to enter the
Property for purposes of installing a lift station to support the Village's existing sewage removal
system; and
WHEREAS, following the installation of the lift station pursuant to the Temporary
Construction Easement, there exists a difference in grade elevation between the Property and its
surrounding properties and Village rights -of -way necessitating certain grade modification work to
be performed in order to mitigate impacts from stormwater runoff; and
WHEREAS, the parties now desire to provide for said grade modification work under the
terms and conditions as set forth herein.
NOW THEREFORE, in consideration of the mutual agreements and undertakings
contained herein, and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties do hereby agree as follows:
1. RECITALS: All facts as stated above are true and correct.
2. GRANT OF ACCESS: The Grantors hereby give and grant to the Village and its
officers, agents, employees, contractors, and invitees, the temporary authority to access and enter
upon the legally described and sketched area delineated by the Temporary Construction Easement,
attached hereto as Exhibit "A," for the purpose of performing grade modifications to the Property
to mitigate stormwater drainage issues experienced on neighboring properties and in the adjacent
Page 1 of 5
Village right-of-way. See Exhibit "A" attached hereto for complete legal description and
sketch of the property that is the subject of this Agreement.
3. SCOPE OF WORK: Documentation of the specific work for re -grading the
Property to be performed by the Village and/or the Village's officers, agents, employees,
contractors, and invitees is incorporated into this Agreement and attached hereto as Exhibit "B."
See Exhibit "B" attached hereto for complete description and depiction of the scope of work
contemplated and authorized by this Agreement.
4. RESTORATION OF SITE: Upon completion of all grade modifications to the
Property as specified in Exhibit `B," the Village will be responsible for restoring the site including
any modifications to the area's landscaping and irrigation system as specified in Exhibit `B."
5. EXPIRATION / CONCLUSION OF AGREEMENT: Upon completion of all
grade modifications to the Property and restoration work as specified in Exhibit `B,"and written
acceptance of the same by all Parties, all rights, titles, and interests herein granted shall be released
to the Grantors, their successors and/or assigns in title, and this Agreement shall be deemed
concluded and expired.
6. INDEMNIFICATION: The Village shall indemnify and hold harmless Grantors
from any and all damages or causes of action that arise out of the Village's (including the Village's
officers, employees, agents and invitees), use of the temporary easement and undertaking of the
grade modification work specified in Exhibit `B." The Village's liability shall be limited to the
amounts set forth in Sec. 768.28, Florida Statutes, including limits on the provision of attorney's
fees. Nothing contained herein shall be construed as the Village's consent to be sued by third
parties, or as a waiver of the Village's sovereign immunity beyond the waiver provided in Sec.
768.28, Florida Statutes. The Village's liability obligations shall terminate upon the conclusion,
expiration or termination of this Agreement.
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement,
each of the Parties agree to bear their own own attorney's fees and litigation costs.
8. 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.
9. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Page 2 of 5
Agreement.
10. ASSIGNMENTS: This Agreement shall not be assigned by any party without
the prior written consent of all other Parties.
11. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
12. WAIVER: No waiver by the Village of any provision of this Agreement shall
be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Grantors of the same, or any other provision or the enforcement hereof. The Village's consent
to or approval of any act requiring the Village's consent or approval shall not be deemed to
render unnecessary the obtaining of the Village's consent to or approval of any subsequent
consent or approval of, whether or not similar to the act so consented or approved.
13. ENTIRE AGREEMENT: This five (5) page Agreement constitutes the entire
agreement between the parties; no modification shall be made to this Agreement except by written
agreement by all Parties, attached hereto as an addendum to this Agreement and thereafter recorded
in the Public Records of Palm Beach County, Florida.
IN WITNESS WHEREOF, the Parties have hereunto caused this Temporary Site Access
Agreement to be signed on this f day of , 2020.
SIGNATURE PAGES TO FOLLOW
Page 3 of 5
Owner/Grantor:
Chin F. Chen
Witness
STATE OF FLORIDA
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this day of ,
2020 by Chin F. Chen, owner of the above -described property, who is personally known to m6 or
who has produced a valid driver's license as identification and who did/did not take an oath.
JENNIFER GES STtKE
Sum pf Florida -Notary Public
?* •_ Commission # GG 188155
My commission Expires Notary P blic
February 20, 2022 State of o a
Signed, Sealed, and Delivered
in the presence of:
4,
Witnes
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
Owner/Grantor:
Linda . Pao
The foregoing instrument was acknowledged before me this 4 day of J�^ r_a.ry ,
2020 by Linda M. Pao, owners of the above -described property, who is personally known to me
or who has produced a valid driver's license as iden 2ion and h id/did�nnot take an oath.
(Seal) LG✓
ry Public
'b a .
State of Florida ,3• ERICA L l EWIS MCGRADY
at
.: ,.,a1�`• Notary Public -State of Florida
Qf` Commission N GG 210798
:� oa ry, My Comm. Expires Apr 24, 2022
Bonded through National Notary Assn.
Page 4 of 5
0.TE
........... a�
Attested to: °,Z ..P0RAr.. F
C?� � P F �•.cP
Lori McWilliams, Village
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
Village:
Jere y Allen
V'n4ge Manager
The foregoing instrument was acknowledged before me this 9 � day of ,
2020 by Jeremy Allen, Village Manager, Village of Tequesta, a Flori a Mu icipal
Corporation, who is personally known to me or who has produced a valid driver's license as
identification and who did/did not take an oath.
(Seal)
LORI MCWI1202L
'� Wit: Commission+'a Expires Oct
ol„y"' gonded7Ar 3657019...
�aa'wt'w,
Notary Public
Page 5 of 5
rm-
Record & Actors To:
vcdaw,.1 s.F0%
Davb & Adetoa,P.A.
701 Nor6puis FUkw&y, SoVe205
West Paffi i3eaeY, Florida 33*7
I iltlil itl� rill/ lint III(i Illll tltll till IIII
t3R BK Z30964 PG 1-497
RECORDED 107.18720:19 V8*3-30
AnT ip:.Tira
Doc - Stamp 0.70
Palau Beach Cnuntyt Florida
Sharon 'R, Bock,CLERK & C01IPTROLLEl3
PTs 1497 - 1 00; (4-oss )
TEMPORARY CONSTRUMON ACCESS AND USE EASEMENT AGREEMENT
KNOW ALL MEN BY TBESE PRESENTS, that the undersigned, :CHIN F. MEN and
IDWA M. PAO, as individuaL% whose mailing address is 474 Tequesta. Drive, Tequesta, Florida
33469, hereinafter referred to as "Grantofs", owners of the property described hereinbelow; (Strom
Address: 474 Tequesta Drive,. Tequesta, Florida 33469), and the undersigned, VILLAGE OF
TEQUESTA, a municipal corporation existing under the laws of the State of Florida, whose address.
is *, Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as the "Village", for and in
consideration of the sum of TEN DOLLARS AND N0/100 ($10.001 receipt of which is hereby
acknowledged, plus specific commitments made herein and other good and valuable consideration, DO
HEREBY AGREE to this . non-exclusive Temporary Construction Access. and Use ..Easement, for the
purposes _ of construction mobilization and .construction activity associated with the installation and
maiuleluanbe of a lift station that is essential to the support of the Village's existing sewage removal
system and allowing the Village, its agents and employees, access to the temporary construction easement
area for matters related tothe installation of such lift station. The Temporary Construction Access and
Use Easement islocated within the following described land owned by Grantors and lying and being
situated in Patin Beach.County, Florida, to wit:
See Exhibit "A" attaarhed hereto for complete legal description and.sketeh.
IT 1S. EXPRESSLY COVENANTED AND AGREED, that. thisessemont grants the Village, its
agents and employees, the temporary authority to access and enter upon the easement area for the
purposes of construction mobilization .and construction activity associated with the installation of the
Village's lift station adjacent W the easement area.
FURT M MORE, IT IS EXPRESSLY COVENANTED AND AGREED that .this Temporary
Construction Access and. Use Easement does in no way convey the fee simple title to this properly nor
shall it be intended to be constnied as dedication of the area for public use, but is only a Temporary
Construetion.Access avd.Use Easement for the uses and purposes stated herein. 'Upon the completion of
the lift station installation adjacent to the easement area, and written acceptance of same by the
Loxahatchee River Environmental Control District, all rights, titles, and interests herein granted shall be
released to the Grantors, their successors and/or assigns in title.
The Village shall be responsible for restoring the easement area to its origmal state (but
Page 1 of 3
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considering the existence of the new lift station) upon completion of the lift station installation project.
Thereafter, upon release of this easement, the Village shall have no further responsibility regarding the
installation, maintenance or use of the lift station, but rather, the Loxahatchee River Environmental
Control District shall assume responsibility for the use and maintenance of same, including the need for
any permanent utility easements as determined by and between the Grantor and the Loxahatchee River
Environmental Control District
The Village shall indemnify and hold harmless Grantors from any and all damages or causes of
action of any kind whatsoever that arise out of the Village's (including the Village's officers, employees,
agents and invitees), use of the temporary easement. The Village's liability shall be limited to the
amounts set forth in Sec. 768.28, Florida Slawes, including limits on the provision of attorney's fees.
Nothing contained herein shall he construed as the Village's consent to be sued, or as a waiver of the
Village's sovereign immunity beyond the.waiver provided in Sec. 768.28, Florida Umdes. The
Village's liability obligation shall terminate upon release of this easement.
IN WITNESS WHEREOF, the Grantors and the rllage have hereunto caused this Easement
Agreement to be signed on this Y- day of 2019.
Signed, Sealed, and Delivered
in the presence of:
n . dA k4
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
Owner/G tor:
Chin F. Chen
The foregoing instrument was acknowledged before me this nay of &RIW , 2019 by
Chin F. Chen, owner of the above -described property, who is personally known to me or who has
produced a valid driver's license as identification and who is Iid not take an oath.
(Seal) 1 w &;Oj-;-�
ALYCEFAYETOM Notary PuMc
WWCOMMMMN 60784 State of Florida
ExPtRES-Uxch31,W Page 2 of
sone.dRwlfotarr Rbtc tk�w�Yeia
Signed, Sealed, and Delivered
in the presence of:
Witness
Witness UK
STATE OF :FLORIDA )
) ss:
COUNTY OF PALM BEACH )
Owner/Grantor:
Linda M. Pao
The foregoing instrument was acknowledged before me this N day of 1,4-, 2019 by
Linda M. Pao, owners of the above -described property, who is personally known to me or who has
produced a valid driver's license as identification and who did/did not take an oath.
(Seal),s %t�licn l Ewlss w+ccaer �� p
.i Natuy Publk - State of F!o►iaa —
. n� �� tat,misslaa lr c,G iloi4a Notary Public
My Lamm. Exptres Apr 2A. 2022
4.
Bondad ttrough National Natarq Assn. State of Florida,
Attested to:
Lori McWilliams,
Village:
Jtp
(P
►nrc PoAL a= Taemy t 6e n
%moo: < U i 1 lie— 14anaq er'
A ,.Vlt r
STATE OF FLORIDA )
ss:
COUNTY OF PALM. BEACH )
]2rertyl:%illelJ The foregoing i.n trument was acknowledged before me this day of -OC:62 ,K, 2019 by
Jj (1 �.� Oath. b Village of Tequesta, a Florida Municipal Corporation, who is personally
Re berknown to me .or who has produced a valid driver's license s .identification and who did/did not take an
oat
(Seal) G
Notary Public
0 8MAHMELFRIN
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